Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. X OF 1999

THE MAHARASHTRA UNIVERSITY OF
HEALTH SCIENCES ACT, 1998.

(As  modified upto  the 2013)

V

PRINTED  IN  INDIA  BY  THE  GOVERNMENT  CENTRAL  PRESS,  CHARNI  ROAD,
MUMBAI  400  004  AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT
PRINTING  STATIONERY  AND  PUBLICATIONS,
MAHARASHTRA  STATE,  MUMBAI  400  004.

2013

[Price :Rs. 30.00]

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

(ii)

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

CHAPTER IV
AUTHORITIES OF UNIVERSITY

22. Authorities of Universities.

22A. Power of Government  to specify eligibility conditions for being

member of any authority of University.

23. Senate.
24. Meeting of Senate.
25. Powers and functions of Senate.
26. Management Council.
27. Powers and functions of Management Council.
28. Academic Council.
29. Powers and duties of Academic Council.
30. Board of Examinations.
31. Powers and duties of Board of Examinations.
32. Faculties.
33. Powers and duties of Faculty.
34. Planning Board.
35. Powers and duties of Planning Board.
36. Board of Studies.
37. Powers and duties of Board of Studies.
38. Powers, functions and duties of authorities.
39. Terms of office of members of authority.
40. Cessation of membership.
41. Disqualification of membership of authority.
42.
43. Conclusiveness of decision of authority.
44. Election to be by proportional representation.
45. Resignation of membership and filling in casual  vacancy.
46. Meeting of authorities.
47. Casual vacancy and standing committee to fill vacancies.

Ineligibility for second consecutive terms.

CHAPTER V
STATUTES, ORDINANCES, RULES AND REGULATIONS

48. Statutes.
49. Statutes how made.
50. Ordinances and their subject matter.
51. Ordinances and their making.
52. Regulations and Rules.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

(iii)

CHAPTER VI

TEACHERS AND EMPLOYEES

53. Grievances Committee.

CHAPTER VII

ADMISSIONS, EXAMINATIONS AND OTHER MATTERS RELATING TO STUDENTS

54. Admissions.

55. Examinations.

56. Declaration of results.

57. Examinations not invalid, for non-compliance with Schedule.

58. Sports and Extra curricular activities.

CHAPTER VIII

COMMITTEES

59. Committees.

60. Selection and appointment of University Teachers.

61. Selection  committees  for  officers  and  employees  of
University  and  principals,  teachers  and  other  employees
of affiliated colleges.

62. Committees.

CHAPTER IX

PERMISSION, AFFILIATION AND RECOGNITION

63. Conditions for affiliation and recongnition.

64. Procedure for permission.

65. Procedure for affiliation.

66. Procedure of recognition of institutions.

67. Local managing or advisory committee of an affiliated college.

68. Continuation of affiliation or recognition.

69. Extension of affiliation or recognition.

70. Permanent affiliation and recognition.

71. Autonomous department of institution or college or recognised

institution.

72.

Inspection of colleges and recognised institutions and report.

73. Withdrawal of affiliation or recognition.

74. Closure of college or recognised institution.

H  4126—1a

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

(iv)

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

CHAPTER X

ENROLMENT, DEGREES AND CONVOCATIONS

75. Post-graduate teaching and research.

76. Enrolment of students.

77. Disciplinary powers and discipline among students.

78. Degrees, diplomas, certificate and other academic distinctions.

79. Honorary degree.

80. Convocation.

81. Registered Graduates.

82. Removal of name from register of Graduates.

CHAPTER  XI

UNIVERSITY FUNDS, ACCOUNTS AND AUDIT

83. Annual financial estimates.

84. University funds.

85. Annual accounts and audit.

86. Annual Report.

CHAPTER  XII

MISCELLANEOUS

87. Authorities and Officers responsible for damages.

88. Membership of State Legislature and of Parliament.

89. Questions regarding interpretation and disputes regarding
constitution of the University authority or body, etc.

90. Protection of acts and orders.

91. Delegation of powers.

92. Acts  and  proceedings  not  invalid  merely  on  ground  of
defect in constitution, vacancies, irregularity in procedure, etc.

CHAPTER  XIII

TRANSITORY PROVISIONS

93. Transitory powers of the first Vice-Chancellor.

94. Admission of students to privileges of University.

95. Act to prevail over other enactments.

96. Removal of difficulties.

97. Repeal of Mah. Ord. XI of 1998 and saving.

SCHEDULE.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

MAHARASHTRA ACT No. X OF 19991
[ THE MAHARASHTRA UNIVERSITY OF HEALTH SCIENCES ACT, 1998. ]
(This  Act  received  the  assent  of  the  Governor  on  the  21st  January
1999 ; assent was first published in the Maharashtra Government
Gazette  Part  IV,  Extra-ordinary,  on  the  21st  January  1999.)

Amended by Mah. 56 of 2000 †(27-12-2000)*

1. For  Statement  of  Objects  and  Reasons, See  Maharashtra  Government  Gazette,

1998,  Part  V,  Extra.,  page  565.

†Sections 3 and 4 of Mah. 56 of 2000 reads as under :—

3. Notwithstanding anything contained in any law for the time being in
force, any judgement, decree or order of any Court or Tribunal to the contrary,
any student admitted, enrolled or any examinations conducted, and results
declared of the Pharmacy courses conducted by the pharmacy colleges and
institutions under the Maharashtra University of Health Sciences Act, 1998,
during the period commencing on the 3rd June 1998 and ending on and
including  the  day  immediately  preceding  the  date  of  commencement  of
Maharashtra University of Health Sciences (Amendment) Act, 2000, shall be
deemed to be valid and effective as if such admissions, enrollments, conduct of
examinations and declaration of results of such examination or any action taken
or thing done, had been duly given, made, conducted, declared, taken or done
under the Maharashtra University Act, 1994 and accordingly,—

Validating
provision
and saving.

(a) all acts or things done or proceedings, taken by any officer or authority
of the Health Sciences University shall be deemed to have been done and
taken and to have always been done or taken by the concerned university
mentioned in the Schedule appended to the Maharashtra Universities Act,
1994 (hereinafter referred to as “ the respective universities ”) ;

(b) no suit, appeal, application or other proceedings shall lie or be maintained
or continued in any Court or before any Tribunal, officer or other authority
for any action taken including declaration of the results by the Health
Sciences University ; and

(c) no Court, Tribunal, Officer or other authority shall enforce any decree
or order directing the reconsideration of any action including declaration of
the results, by the Health Sciences University.

4. For the removal of doubt, it is hereby declared that the pharmacy
colleges and institutions shall from the very inception of the Maharashtra
University of Health Sciences Act, 1998, be treated as never to have been
transferred or affiliated to the Maharashtra University of Health Sciences and
for all purposes, these pharmacy colleges and institutions shall always be treated
as having remained as colleges and institutions affiliated to their respective
universities and all actions taken by the Health Sciences University in respect
of the said pharmacy courses conducted by the pharmacy colleges and institutions
shall always be deemed to have been taken by the said respective universities
under the Maharashtra Universities Act, 1994.”.

Declaration
for removal
of doubt.

* This  indicates  the  date  of  commencement  of  the  Act.

Mah.
X  of
1999.
Mah.
LVI
of
2000.
Mah.
XXXV
of
1994.

Mah.
XXXV
of
1994.

Mah.
X  of
1999.

Mah.
XXXV
of
1994.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

2

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

Validating
provisions.

Validating
provisions.

Validating
provisions.

Amended by Mah. 29 of 2000 @ (16-5-2001)*

”
”
”
”
”
”

”
”
”
”
”
”

”
”
”
”
”
”

15 of 2002 @@ (27-11-2001)*
27 of 2005
50 of 2005 § (31-10-2005)*
26 of 2009 # (30-11-2009)*
17 of 2010 ## (30-06-2010)*
35 of 2010 @@@ (5-10-2010)*

An  Act  to  establish  and  incorporates  a  University  of  Health  Science
in  the  State  of  Maharashtra  and  to  provide  for  matters  connected
therewith  and  incidental  thereto.

@ Sections  3  of  Mah.  29  of  2001  reads  as  follows :—

“ 3. Notwithstanding  anything  contained  in  the  principal  Act,  all  the
students  who  were,  on  the  date  of  coming  into  force  of  this  Act,  enrolled  or
who  are  thereafter  enrolled  to  the  Post  Graduate  courses  in  Medical,  Dental,
Ayurved,  Unani  and  Homoeopathy  Sciences  conducted  by  the  colleges  and
institutions  under  the  University,  till  the  grant  of  recognition  to  such  Post
Graduate  degree  courses  by  the  Central  Government,  shall  be  and  be  deemed
always  to  have  been  validly  and  effectively  so  admitted  or  enrolled  as  if  such
admissions or enrolments have been duly made by such colleges and institutions
under  the  Maharashtra  Universities  Act,  1994,  to  which  such  colleges,
institutions  and  students,  as  provided  under  sub-section  (4)  of  section  6  of  the
principal  Act,  stand  re-affiliated,  from  the  date  of  coming  into  force  of  this
Act.”.

@@ Maharashtra Ordinance No. IV of 2002 was repealed by  Mah. XV of 2002,

s.  4.

Section  3  of  Mah.  15  of  2002  reads  as  follows :—
“ 3. Notwithstanding  anything  contained  in  the  principal  Act,  all  the
students  who  were,  on  the  date  of  coming  into  force  of  this  Act,  enrolled  or
who are thereafter enrolled to the  Post Graduate Diploma Courses in Medical,
Dental, Ayurved,  Yoga  and  Naturopathy, Unani  and  Homoeopathy  Sciences
conducted  by  the  colleges  and  institutions  under  the  University,  shall  be  and
be  deemed  always  to  have  been  validly  and  effectively  so  admitted  or  enrolled
as  if  such  admissions  or  enrolments  have  been  duly  made  by  such  colleges
and  institutions  under  the  Maharashtra  Universities  Act,  1994,  to  which  such
colleges, institutions  and students, as  provided under  sub-section (5) of  section
6  of  the  principal  Act,  stand  re-affiliated,  from  the  date  of  coming  into  force
of  this  Act.”.

* This  indicates  the  date  of  commencement  of  the  Act.
§ Mah.  Ordinance  No.  IX  of  2005  was  repealed  by  Mah.  L  of  2005,  s.  4.

Section  3  of  Mah.  50  of  2005  reads  as  follows :—

3. Notwithstanding  the  deletion  of  sub-sections  (4)  and  (5)  of  section  6  of
the  principal  Act,  all  colleges  and  autonomous  institutions  of  Health  Sciences
admitted  to  the  privileges  of,  or  affiliated  to,  the  Universities  specified  in  the
Schedule  to  the  Maharashtra  Universities  Act,  1994,  on  or  before  the  date
of  coming  into  force  of  the  Maharashtra  University  of  Health  Sciences
(Amendment) Act, 2005, and  all students who, on the said  date stood enrolled,
by  such  colleges  or  institutions  for  Post  Graduate  Degree  or  Diploma  in
Medical,  Dental, Ayurved,  Unani,  Homoeopathy, Yoga  and  naturopathy
Sciences,  shall,  so  far  as  such  Post  Graduate  Degrees  or  Diplomas  are
concerned,  continue  to  be  affiliated  to,  or  admitted  to  the  privileges  of,  their
respective  Universities  specified  in  the  Schedule  to  the  Maharashtra
Universities Act,  1994, until  those students  have acquired  such Post  Graduate
Degrees or Diplomas from their respective Universities under the Maharashtra
Universities  Act,  1994.

Explanation.—For the  purposes of this section, the expression  “Post  Graduate
Degree  or  diploma  in  Medical  Sciences”  includes  the  Post  Graduate  Degree
or diploma in Occupational Therapy, Physiotherapy, Audiology, Speech Therapy,
Prosthetics  and  Orthotices.

# Maharashtra Ordinance No. XXV of 2009 was  repealed by Mah. XXVI of 2009,

s.  3(2).

## Maharashtra  Ordinance  No.  VI  of  2010  was  repealed  by  Mah.  XVII  of  2010,

s.  3.

@@@ Maharashtra Ordinance No. XIV of 2010 was  repealed by Mah. XXXV of 2010,

s.  6.

Mah.
XXXV
o f
1994.

Mah.
XXXV
o f
1994.

Mah.
XXXV
o f
1994.
Mah.
L  of
2005.
Mah.
XXXV
o f
1994.
Mah.
XXV
o f
1994.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

3

WHEREAS it  was  expedient  to  establish  and  incorporate  an
independent University of Health Sciences for the purposes of ensuring
proper and systematic instruction, teaching, training and research in
modern  medicine  and  Indian  Systems  of  Medicine  in  the  State  of
Maharashtra, and to have balanced growth in the medical sciences so
also an uniformity in various courses in medical faculty in the State,
and to provide for matters connected therewith and incidental thereto ;
AND WHEREAS it was considered necessary to immediately make

a  law  for  the  same  ;

AND WHEREAS both Houses of the State Legislature were not in

session ;

AND  WHEREAS  the  Governor  of  Maharashtra  was  satisfied  that
circumstances  existed  which  rendered  it  necessary  for  him  to  take
immediate  action  to  make  a  law  for  the  purposes  aforesaid ;  and,
therefore, promulgated the Maharashtra University of Health Sciences
Ordinance,  1998,  on  the  3rd  June  1998 ;

AND WHEREAS upon  the reassembly of  the State  Legislature on
the  20th  July  1998,  the  Maharashtra  University  of  Health  Sciences
Bill,  1998  (L.  A.  Bill  No.  XXXV  of  1998),  for  converting  the  said
Ordinance into an Act of the State Legislature was introduced in the
Maharashtra  Legislative  Assembly  on  the  21st  July  1998  and  was
passed  by  the  Legislative  Assembly  on  the  30th  July  1998  and  was
then  transmitted  to  the  Legislative  Council  and  was  passed  by  the
Legislative  Council  with  amendments  on  the  7th  August  1998 ;

AND  WHEREAS  both  Houses  of  the  State  Legislature  were
prorogued on the 7th August 1998, and therefore, it was not possible
to complete the procedure laid down in article 197 (1) for the passing
of  the  said  Bill  second  time  by  the  Legislative  Assembly ;

AND WHEREAS as provided under article 213(2)(a) of the Constitution
of  India,  the  said  Ordinance  was  to  cease  to  operate  after  the  30th
August 1998, on which date the period of six weeks from the date of
reassembly  of  the  State  Legislature  was  to  expire ;

AND  WHEREAS  it  was  expedient  to  take  immediate  action  to
continue the operation of the provisions of the said Ordinance by law ;
AND WHEREAS both Houses of the State Legislature were not in
Session  and  the  Governor  of  Maharashtra  was  satisfied  that
circumstances  existed  which  rendered  it  necessary  for  him  to  take
immediate  action  to  continue  the  provisions  of  the  said  Ordinance ;
and  therefore,  by  repealing  by  withdrawal  the  said  Ordinance,
promulgated  with  retrospective  effect,  that  is  with  effect  from  the
3rd  June  1998,  the  Maharashtra  University  of  Health  Sciences
(Continuance) Ordinance, 1998, on the 29th August 1998 ;

Mah.
Ord.
VIII  of
1998.

Mah.
Ord.
XI  of
1998.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

4

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

AND  WHEREAS  it  is  expedient  to  replace  the  provisions  of  the
Maharashtra University of Health Sciences Ordinance, 1998 followed
by  the  Maharashtra  University  of  Health  Sciences  (Continuance)
Ordinance,  1998  by  an  Act  of  the  State  Legislature ;  It  is  hereby
enacted in the Forty-ninth year of the Republic of India as follows :—

Mah.
Ord.
VIII
o f
1998.
Mah.
Ord.
XI  of
1998.

CHAPTER I

PRELIMINARY

Short  title,
extent  and
commence-
ment.

1.

(1) This Act may be called the Maharashtra University of Health

Sciences  Act,  1998.

(2)   It  extends  to  the  whole  of  the  State  of  Maharashtra.

(3) It  shall  be  deemed  to  have  come  into  force  on  the  3rd  June

1998.

Definitions.

2.

In  this  Act,  unless  the  context  otherwise  requires,—

(1) “ academic  services  unit ”  means  a  University  Science  and
instrumentation  centre,  academic  staff  college,  computer  centre,
University  printing  press  or  any    other  unit  providing  specialised
services for the promotion of any of the objectives of the University ;

(2) “ affiliated  college ”  means  a  college  imparting  education  in
Health Sciences which has been granted affiliation by the University ;

(3) “ approved  institution ”  means  a  hospital,  health  centre,
affiliated  college  or  such  other  institution  recognised  by  the
University as an institution in which a person may undergo training,
if  any,  required  by  a  course  of  study  before  the  conferral  of  any
degree,  diploma  or  other  academic  distinction  of  the  University ;

(4) “ authorities ”  means  the  authorities  of  the  University  as

specified  by  or  under  this  Act ;

(5) “ autonomy ” means a privilege of the University conferred by
Statutes permitting a college, institution or a University department
to conduct academic programmes and examinations, develop syllabus
for  the  respective  subjects  and  issue  certificates  of  passing  the
examinations, etc., a college, institution or a University department
which  has  been  granted  autonomy  shall  have  full  academic,
administrative and financial autonomy, subject to the provisions of
this Act and Statutes ;

(6) “ autonomous  college ”,  “ autonomous  institution ”  or
“ autonomous  department ”  means  a  college,  institution  or
department to which autonomy is granted and is designated to be
so  by  Statutes ;

(7) “ bodies ”  means  the  bodies  of  the  University  formed  by  the

respective  authorities ;

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

5

(8) “ Central Councils ” means various Councils of Health Sciences

constituted  by  the  Central  Government ;

(9) “ Chancellor ”, “ Pro-Chancellor ”, “ Vice-Chancellor ” and “ Pro-
Vice-Chancellor ”  means,  respectively,  the  Chancellor,  the  Pro-
Chancellor, the Vice-Chancellor and the Pro-Vice-Chancellor of the
University ;

(10) “ collaboration ” means collaborative academic activity of the
University  with  other  universities,  academic  institutions  (local,
regional,  national  or  international),  research  institutions  and
organisations ;

(11) “ college ”  means  a  college  imparting  education  in  Health
Sciences conducted by the University or affiliated to the University
situated in  the State  of Maharashtra ;

(12) “ conducted college ” means a college maintained and managed

by  the  University ;

(13) “ department ”  means  a  department  teaching  a  particular
subject or a group of subjects in a college as prescribed in Statutes ;

(14) “ Director ” means a head of an institution including a centre,
or  a  school  of  the  University  as  designated  by  the  Management
Council ;

(15) “ Director of Medical Education and Research ”, “ Director of
Health  Services ” and  “ Director of Ayurveda ”  means  respectively,
the Director of Medical Education and Research, Maharashtra State,
the Director of Health Services, Maharashtra State and the Director
of Ayurveda, Maharashtra State ;

(16) “ Government ” means  the Government  of Maharashtra ;

(17) “ Health Sciences ” means modern scientific medicine in all
its  branches  concerning  preventive,  promotive,  curative  and
rehabilitative  services  and  includes  surgery,  obstetrics  and
gynaecology, 1 * * dental science, nursing and other allied subjects
including  the  Indian  Systems  of  Medicine  in  all  their  branches ;

(18) “ hostel ”  means  unit  of  residence  for  the  students  of  the
University maintained or recognised by the University in accordance
with  the  provisions  of  this  Act ;

(19) “ Indian  Systems  of Medicines ”  includes Ayurveda,  Unani,
Homoeopathy,  Naturopathy,  Yoga  and  such  other  desciplines  as
may  be  prescribed ;

(20) “ Local Managing Committee ” means a Committee constituted

for  a  College  under  the  provisions  of  this  Act ;

1. The  word  “ pharmacy, ”  shall  be  deemed  always  to  have  been  deleted  by  Mah.

56  of  2000,  s.2.

H  4126—2

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

6

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(21) “Management ”  means  the  trustees,  or  the  managing  or
governing  body,  by  whatever  name  called,  of  any  trust  registered
under the *Bombay Public Trusts Act, 1950 or any society registered
under the Societies Registration Act, 1860 under the management
of  which  one  or  more  colleges  or  recognised  institutions  or  other
institutions  are  conducted  and  admitted  to  the  privileges  of  the
University :

Bom.
XXX
o f
1950.
21  of
1860.

Provided that, in relation to any college or institution established
or maintained by the Central Government or the State Govenment
or a local authority such as a Zilla Parishad, municipal council or
municipal  corporation,  it  means,  respectively,  the  Central
Government  or  the  State  Government  or  the  concerned  local
authority that is the Zilla Parishad, municipal council or municipal
corporation,  as  the  case  may  be ;

(22) “ non-vacational  academic  staff ”  means  such  staff  as  the
Government  may  classify  to  be  non-vacational  academic  staff  and
includes all such staff which is complimentary to academic staff but,
shall  not  include  the  staff  engaged  purely  in  discharging
administrative functions ;

(23) “ Other Backward Classes ” means such classes or parts of or
groups  within  such  classes  as  are  declared,  from  time  to  time,  by
the State Government to be the Other Backward Classes and Vimukta
Jatis  and  Nomadic  Tribes ;

(24) “ post-graduate department ” means a department in a college
or  institution  of  higher  learning,  research  or  specialised  studies,
imparting  post-graduate  instruction  or  guidance  for  research
recognised  to  be  so  by  the  University ;

(25) “ prescribed ”  means  prescribed  by  Statutes  or  Ordinance
or  Rules  or  Regulations,  as  the  case  may  be,  made  by  or  under
this Act ;

(26) “ principal or Dean ” means the head of a college, specialised
educational  institution,  post-graduate  centre  or  other  recognised
institution duly approved by the University ;

(27) “ recognised  institution ”  means  an  institution  of  higher
learning,  research  or  specialised  studies  other  than  an  affiliated
college  and  recognised  to  be  so  by  the  University ;

(28) “ Registrar ” means the Registrar of the University appointed
under  section  18  and  includes  Deputy  Registrar  and  Assistant
Registrar ;

(29) “ registered graduate ” means a graduate registered or deemed

to  be  registered  under  this  Act ;

(30) “ Schedule  Castes ”  means  such  castes,  races  or  tribes  or
parts of, or groups within, such castes, races or tribes as are deemed

* Now  read  as  Maharashtra  Public  Trusts  Act.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

7

to  be  Scheduled  Castes,  in  relation  to  the  State  of  Maharashtra
under article 341 of the Constitution of India and for the purposes
of this Act includes Nav-Buddhas ;

(31) “ Scheduled Tribes ” means such tribes or tribal communities
or  parts  of  or  groups  within,  such  tribes  or  tribal  communities  as
are  deemed  to  be  Scheduled  Tribes  in  relation  to  the  State  of
Maharashtra under article 342 of the Constitution of India residing
in  any  part  of  the  State  of  Maharashtra ;

(32) “ School ”  means  a  school  of  studies  maintained  by  or

recognised  as  such  by  the  University ;

(33) “ Statutes ”, “ Ordinances ”, “ Rules ” and “ Regulations ” means,
respectively, the Statutes, Ordinances, Regulations and Rules of the
University  made  by  or  under  this  Act ;

(34) “ Student of the University ” means a person enrolled in the
University  for  undergoing  a  course  of  study  for  a  degree,  diploma
or  other  academic  distinctions  of  the  University ;

(35) “ teachers ” means full time approved Demonstrators, Tutors,
Assistant  Lecturers,  Lecturers,  Readers,  Associate  Professors,
Professors and other persons teaching or giving instructions on full
time  basis  in  affiliated  colleges  or  approved  institutions  in  the
University ;

(36) “ University ” means the Maharashtra University of Health

Sciences,  established  under  section  3  of  this  Act ;

(37) “ University  department ” means  a department  established

and maintained by the University ;

8  of
1956.

(38)   “ University  Grants  Commission ”  means  the  Commission
established  under  section  4  of  the  University  Grants  Commission
Act, 1956 ;

(39) “ University  institution ”  means  a  centre,  a  school,  or  an

institute established and maintained by the University ;

(40) “ University  teacher ”  means  a  teacher  appointed  by  the

University.

CHAPTER II

THE UNIVERSITY

3.

(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) The University shall be a body corporate, by the name specified
in sub-section (1) and shall have perpetual succession and a common
seal  and  shall  sue  and  be  sued  by  the  said  name.

Establish-
ment  and
incorpora-
tion  of
University.

H  4126—2a

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

8

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(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 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.

(4) In  all  suits  and  other  legal  proceedings  by  or  against  the
University, the pleadings 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.

(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.

(6) The  University  shall  be  both,  a  teaching  and  an  affiliating

University.

Objects  of
University.

4. 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—

(a) to  carry  out  its  responsibility  of  creation,  preservation  and

dissemination of knowledge ;

(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 ;

(c) to  encourage  individuality  and  diversity  within  a  climate  of

tolerence and mutual understanding ;

(d) to promote freedom, secularism, equality and social justice as
enshrined  in  the  Constitution  of  India  and  to  be  catalyst  in  socio-
economic transformation by promoting basic attitudes and values of
essence  to  national  development ;

(e) to extend the benefits of knowledge and skills for development
of individuals and society by associating the University closely with
local  and  regional  problems  of  development ;

(f) to carry out social responsibility as an informed and objective
critic,  to  identify  and  cultivate  talent,  to  train  the  right  kind  of
leadership  in  all  walks  of  life  and  to  help  younger  generation  to
develop  right  attitudes, interests  and  values ;

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

9

(g) to promote equitable distribution of facilities of Health Sciences

education ;

(h) to provide for efficient and responsive administration, scientific
management  and  develop  organisation  of  teaching  and  research ;

(i) to promote acquisition of knowledge in rapidly developing and
changing society and to continually offer opportunities of upgrading
knowledge, training and skills in the context of innovations, research
and  discovery  in  all  fields  of  human  endeavour  by  developing
educational network related to Health Sciences with use of modern
communication  media  and  technologies  appropriate  for  a  learning
society ;

(j) to  strive  to  promote  competitive  merit  and  excellence  as  the
sole guiding criterion in all academic and other matters relating to
students ;

(k) to  impart  education  and  training  to  achieve  the  goal  of

physical, mental and spiritual health of every individual ;

(l) to  create  better  understanding  between  different  systems  of

medicines through inter-disciplinary study and research ;

(m) to establish and develop Indian Systems of Medicine so as to
keep  health  of  a  healthy  individual  and  to  cure  the  disease  of
diseased individual.

5. The  University  shall  have  the  following  powers  and  duties,

namely :—

(a) to make provision to enable conducted and affiliated colleges

and recognised  institutions to undertake  specialised studies ;

(b) to  establish, maintain  and  manage University  departments,
laboratories,  libraries,  museums  and  equipments  for  teaching  or
research ;

(c) to establish, maintain and manage departments and institutions

of  research,  specialised  studies  or  academic  services  unit ;

(d) to  organise,  maintain  and  manage  colleges,  institutions,

hostels,  health  centres,  auditoria  and  gymnasiums ;

(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 ;

(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 ;

Powers  and
duties  of
University.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

10

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(g) to  appoint  or  recognise  persons  working  in  any  other
University or organisation as teachers of the University for specified
period ;

(h) to create non-teaching skilled, administrative, ministerial and
other posts and prescribe the qualifications and pay-scales for such
posts,  with  prior  approval  of  the  State  Government  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 ;

(j) to  make  provision,  wherever  feasible  in  the  University
departments, affiliated colleges, institutions, recongnised 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 ;

(k) to  control  and  regulate  admission  of  students  for  various
courses of study in University departments, conducted and affiliated
colleges,  institutions,  schools  and  recongnised  institutions ;

(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 ;

(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 ;

(n) to monitor and evaluate the academic performance of affiliated
colleges  and  recognised  institutions  for  affiliation  and  periodical
accreditation ;

(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 ;

(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 ;

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

11

(q) to make arrangements for promoting welfare of employees of

the  University ;

(r) to  co-ordinate  and  regulate  teaching  and  research  in  the

affiliated colleges and recognised institutions ;

(s) to provide for the training and quality improvement of teachers

and non-teaching employees ;

(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 ;

(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 tution or private coaching
classes ;

(v) to prescribe for conduct and discipline rules for teaching and

non-teaching  staff  and  to  ensure  the  enforcement  thereof ;

(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

fulfill  the  objects  of  the  University ;

(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 ;

(z) to  rescind  affiliation  granted  to  the  colleges ;

(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 ;

(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 ;

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

12

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(cc) to  receive  funds  for  collaboration  programmes  from  foreign
agencies subject to rules and regulations of the Central Government
and  Government  in  that  behalf ;

(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 ;

(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 ;

(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 ;

(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 ;

(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 ;

(jj) to prescribe conditions under which the award of any degree,

title,  diploma  and  other  academic  distinctions  may  be  withheld ;

(kk) to  institute,  maintain  and  administer  University  colleges,
hospitals and laboratories and institutes of research library or other
institution  necessary  to  carry  out  the  objects  of  the  University ;

(ll) to  affiliate  or  recognise  colleges  and  institutions  and  to

withdraw such affiliation or recognition ;

(mm) to establish, maintain and administer hostels, to recognise
hostels not managed by the University and to suspend or withdraw
such  recognition  therefrom ;

(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 ;

(oo) to  accept,  hold  and  manage  any  endowments,  donations  or
funds  which  may  become  vested  in  it    for  the  purposes  of  the

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

13

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 ;

(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 ;

(qq) to  fix  fees  and  demand  and  collect  such  fees  as  may  be

prescribed ;

(rr) to  undertake  publication  of  works  of  merit  and  research

pertaining  to  Health  Sciences ;

(ss) to  establish  and  maintain  University  Libraries,  Research

Station and Museums ;

(tt) to establish research posts and to appoint suitable persons to

such posts ;

(uu) to establish suitable residential accommodation to the staff

of  the  University  to  the  extent  feasible ;

(vv) to  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 ;

(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.

6.

(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.

Jurisdiction
and
admission
to  privileges
o f
University.

(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) On and from the date of commencement of this Act, all colleges
and autonomous Institutions of Health Sciences previously admittted
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.

H  4126—3

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

14

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

1[ (4) *    *    *    * ]

2[ (5) *    *    * ]

University
open  to  all
irrespective
of  sex,
creed,  class,
caste,  place
of  birth,
religion  or
opinion.

7.

(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) 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) 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.

Transfer  of
Government
colleges to
the
University.

8.

(1) The  Government  may  at  any  time,  by  notifications  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) When any Government college is transferred to the University
under sub-section (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 until such conditions are altered with
the  consent  of  such  persons :

Provided  that,  no  such  member  of  the  teaching  staff  or  other
employees  of  the  said  college  shall  be  transferred  unless  he  has
given  his  consent  in  this  behalf :

1 Sub-section  (4)  was deleted  by  Mah.  50  of  2005,  s.  2.
2 Sub-section  (5)  was deleted, ibid.  s.  2.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

15

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) Without prior approval of the Government, University shall

9.
not,—

Control
of  Govern-
ment.

(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 than 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) 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) contribution  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 ;

H  4126—3a

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

16

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(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) 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) 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  to  comply  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) 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.

CHAPTER III

OFFICERS OF THE UNIVERSITY

(A) The Chancellor

Chancellor
and  his
powers.

10.

(1) The  Governor  of  Maharashtra  shall  be  the  Chancellor  of
the University and the Chancellor by virtue of his office shall be the
Head  of  the  University.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

17

(2) The Chancellor, when present, shall preside over 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  the  Chancellor’s
perusal.

(3) The Chancellor may call for such information and record relating
to any affairs 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,
Rules or Regulations made thereunder, or is not in the interest of the
University and the University authority, body, committee and officer
shall  comply  with  the  same :

Provided that, before making any such order, the Chancellor shall
call  upon  the  University,  authority,  body,  committee  or,  as  the  case
may be, 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
elected or nominated or appointed or co-opted member 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.

(6) (a) 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 University, its buildings, hospitals, libraries, museums,
workshops  and  equipments  of  any  college,  institution  or  hostel
maintained, administered or recognised by the University and of the
teaching and other work conducted by or on behalf of the University
or under its auspices of, and of the conduct of examinations or other
functions of the University and to cause an inquiry to be made in like
manner  regarding  any  matter  connected  with  the  administration  or
finances  of  the  University ;

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

18

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(b) 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  enquiry ;

(c) 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  Management  Council  the  views  of  the  Chancellor  and  call  upon
the  Management  Council  to  communicate  to  the  Chancellor  through
him its opinion thereon within such time as may have been specified
by the Chancellor. If the Management Council communicates its opinion
within  the  specified  time  limit,  after  taking  into  consideration  that
opinion  or  where  the  Management  Council  fails  to  communicate  its
opinion in  time, after the specified  time-limit is over,  the Chancellor
may proceed and advise the Management Council upon the action to
be  taken  by  it,  and  fix  a  time  limit  for  taking  such  action ;

(d) The Management Council shall, within the time limit so 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 ;

(e) The  Chancellor  may,  where  action  has  not  been  taken  by  the
Management  Council  to  his  satisfaction  within  the  time  limit  fixed,
and after considering any explanation furnished or representation made
by the  Management Council,  issue such  directions as  the Chancellor
may  think  fit,  and  the  Management  Council  and  other  authority
concerned  shall  comply  with  such  directions ;

(f) Notwithstanding 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 objects
of the University or in accordance with the provisions of this Act, and
the Statutes and Regulations or that special measures are desirable to
maintain the standards of University teaching, examinations, research,
administrations  or  finances,  the  Chancellor  may  indicate  to  the
Management Council through the Vice-Chancellor any matter in regard
to  which  he  desires  an  explanation  and  call  upon  the  Management
Council to offer such explanation within such time as may be specified
by  him.  If  the  Management  Council  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  appear  to  him  to  be  necessary,  and  the  Management
Council  and  any  other  authority  concerned  shall  comply  with  such
directions ;

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

19

(g) The Management Council shall furnish such information relating
to the administration and finances of the University as the Chancellor
may,  from  time  to  time,  require ;

(h) The Management Council shall furnish to the State Government
such  return  or  other  information  with  respect  to  the  property  or
activities of the University as the State Government may, from time
to  time,  require.

(7) 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  the  Act.

(B) The Pro-Chancellor

11.

(1) The  Minister  incharge  of  the  Medical  Education  in
Maharashtra shall be the Pro-Chancellor of the University and shall,
in the absence of the Chancellor,  preside over the convocation of the
University.

Pro-
Chancellor.

(2) The  Pro-Chancellor  may  call  for  his  information  any  papers
relating to the administration of the affairs of the University and such
requisition  shall  be  complied  with  by  the  University.

(3) The  annual  programme  of  work  of  the  University  shall  be
referred to the Pro-Chancellor for his information and any suggestion
made  by  him  shall  be  considered  by  the  Management  Council.

(4) He shall also exercise such powers  and perform such duties of
the  Chancellor  as  the  Chancellor  may,  by  order  in  writing,  delegate
to  the  Pro-Chancellor  and  such  delegation  may  be  subject  to  such
restriction  and  conditions  as  may  be  specified  in  such  order.

(C) Other  Officers  of  the  University

12. The following shall be other officers of the University, namely :—

(1) the Vice-Chancellor ;

(2) the Pro-Vice-Chancellor ;

(3) the  Deans  of  Faculties ;

(4) the Registrar ;

(5) the Controller of Examinations ;

(6) the Finance and Accounts Officer ;

(7) such  other  officers  in  the  service  of  the  University,  as  may

be  prescribed  by  Statutes,  to  be  the  officers  of  the  University.

Other
officers  of
University.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

20

Vice-
Chancellor
and  Pro-
Vice-
Chancellor.

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

13.

(1) There shall be a Vice-Chancellor appointed as provided in
section 14 who shall be the principal executive and academic officer of
the University and ex-officio Chairperson of the Management Council,
Academic  Council,  Board  of  Examinations,  Finance  Committee  and
Library Committee, and shall preside, in the absence of the Chancellor
and Pro-Chancellor, at  any convocation for confering degrees and also
at  any  meeting  of  the  senate.  The  powers  and  duties  of  the  Vice-
Chancellor  shall  be  as  provided  in  section  16.

(2) The Pro-Vice-Chancellor shall be appointed as provided in sections
15  and  the  Pro-Vice-Chancellor,  whenever  appointed,  shall  be
responsible for the duties allotted to the Pro-Vice-Chancellor specifically
by the Vice-Chancellor with the approval of the Management Council
and  the  Pro-Vice-Chancellor  shall  preside  over  the  meetings  of  the
authorities  of  the  University  in  the  absence  of  the  Vice-Chancellor.

(3) Save  as  otherwise  provided,  the  emoluments  and
terms and conditions of services of the Vice-Chancellor and Pro-Vice-
Chancellor shall be such as may be determined by Government, from
time  to  time.

(4) The other officers of the University shall be appointed in such
manner and exercise such powers and perform such duties as provided
in this Chapter.

(5) The conditions of service of the other officers of the University,

shall  be  such  as  may  be  prescribed  by  Statutes.

Appointment
of  Vice-
Chancellor.

14.

1[(1) The Vice-Chancellor shall be appointed by the Chancellor

in  the  manner  stated  hereunder :—

(a) There shall be a committee consisting of the following members
to recommend suitable names to the Chancellor for appointment of
Vice-Chancellor, namely :—

(i) a  member  nominated by  the  Chancellor,  who shall  be  the
retired Judge of the Supreme Court or retired Chief Justice of a
High Court or an eminent scientist of national repute or a recipient
of Padma  Award  in  the  field  of  Health  Science  Education ;

(ii) the Secretary or Principal Secretary of Medical Education
and  Drugs  Department  or  any  officer  not  below  the  rank  of
Secretary to Government, nominated by the State Government ;
(iii) the  Director  or  Head  of  an  Institute  or  Organization  of
National  repute  and  dealing  with  Health  Science  and  related
research,  such  as,  the  All  India  institute  of  Medical  Sciences,
New Delhi, National Institutes under Indian Council of Medical
Research  or  any  other  National  Health  Science  Institute  or
Research Laboratory, nominated by the Management Council and
the  Academic  Council,  jointly,  in  the  manner  specified  by  the
State Government by an order published in the Official Gazette ;

1. Sub-section  (1)  was  substituted  by  Mah.  26  of  2009,  s.  2(a).

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

21

(b) The  member,  nominated  by  the  Chancellor  shall  be  the

Chairman  of  the  Committee ;

(c) The  members  nominated  shall  be  the  persons  who  are  not
connceted  with  the  University  or  any  College  or  any  recognised
institution  of  the  University ;

(d) No  meeting  of  the  Committee  shall  be  held  unless  all  the

three  members  of  the  Committee  are  present.]

(2) 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. The Chancellor, however, may extend such time-limit
if in the exigency of the circumstances it is necessary so to do, however,
that  the  period  so  extended  shall  not  exceed  three  months  in  the
aggregate.

1[(3) The Committee shall recommend a panel of not less than five
suitable  persons  for  the  consideration  of  the  Chancellor  for  being
appointed  as  the  Vice-Chancellor.  The  names  so  recommended  shall
be in alphabetical order without any preference being indicated. The
report  shall  be  accompanied  by  a  detailed  write  up  on  suitability  of
each  person  included  in  the  panel.

(3A) A person recommended by the Committee for appointment as

a Vice-Chancellor shall,—

(a) be an eminent academician or an administrator of high calibre ;
(b) be  able  to  provide  leadership  by  his  own  example ;
(c) be  able  to  provide  vision  and  have  ability  to  translate  the

same  into  reality  in  the  interest  of  students  and  society ;  and

(d) possess such educational qualifications and experience as may
be specified by the State Government, by an order published in the
Official Gazette, in  consultation with  the Chancellor.

(3B) The eligibility conditions and the process for recommendation
of  names  for  appointment  as  Vice-Chancellor  shall  be  given  wide
publicity to ensure the recommendation of most suitable candidates.]

(4) The Chancellor may appoint one of the persons included in the

panel  to  be  the  Vice-Chancellor :

Provided  however  that,—

(a) if  the  Chancellor  does  not  approve  any  of  the  persons  so
recommended,  he may  call  for  a fresh  panel  either  from the  same
committee or after constitution of a new committee for the purpose,
from  such  new  committee ;

(b) the first Vice-Chancellor shall be appointed by the Chancellor
on recommendation of the Government, the person so recommended
shall  fulfill the  criteria laid  down  in sub-section  (3).

1. Sub-section  (3)  was  substituted  by  Mah.  26  of  2009,  s.  2(b).

H  4126—4

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

22

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(5) The  person  appointed  as  the  Vice-Chancellor  shall,  subject  to
the terms  and conditions of  his contract of  service hold office  for the
contract  period  of  five  years  from  the  date  on  which  he  enters  upon
his  office  or  till  attaining  the  age  of  sixty-five  years,  whichever  is
earlier  and  shall  not  be  eligible  for  reappointment.

(6) The person appointed as the Vice-Chancellor shall hold a lien,
if any, on the post in which he is confirmed prior to the appointment.

(7) In  any  of  the  following  circumstances,  the  existence  whereof

shall  solely  be  judged  by  the  Chancellor,  namely :—

(a) where the committee appointed under sub-section (1) is unable
to  recommend  any  name  within  the  time-limit  specified  by  the
Chancellor ;

(b) where the vacancy occurs in the office of the Vice-Chancellor
because  of  death,  resignation  or  otherwise,  and  it  cannot  be
conveniently  and  expeditiously  filled  in  accordance  with  the
provisions  of sub-sections  (1)  to  (4) ;

(c) where the vacancy in the office of the Vice-Chancellor occurs

temporarily  because  of  leave,  illness  or  other  causes ;

(d) where  the  term  of  Vice-Chancellor  has  expired ;  or
(e) where  there  is  any  other  emergency ;

the  Chancellor  may  appoint  any  suitable  person,  to  act  as  the  Vice-
Chancellor for 1[a term not exceeding twelve months], in the aggregate
as  the  Chancellor  may  specify  in  his  order :

Provided  that,  the  person  so  appointed  shall  cease  to  hold  such
office on the date on which the person appointed as the Vice-Chancellor,
in  accordance  with  the  provisions  of  sub-sections  (1)  to  (4),  assumes
office  or  the  Vice-Chancellor  resumes  office.

(8) The Vice-Chancellor shall be a whole-time salaried officer of the
University and shall  receive such pay and  allowances as determined
by  the  Government.

In addition, the Vice-Chancellor shall be entitled to free furnished
residence,  a  motor  car  (including  its  maintenance,  repairs  and  fuel
required  therefor),  with  the  service  of  a  chauffeur  free  of  charge.

(9) Such sumptuary allowance shall be placed at the disposal of the
Vice-Chancellor as the Government may approve, from time to time.
(10) If  a  person  receiving  an  honorarium  from  the  Consolidated
Fund  of  the  State,  or  if  the  principal  of  an  affiliated  college  or  a
recognised institution or a University teacher is appointed as the Vice-
Chancellor, the terms and conditions of service shall not be altered to
the disadvantage during such person’s tenure as the Vice-Chancellor :
Provided that, the resultant vacancy in such post shall not be filled
in  by a  long  term appointment  during  the tenure  of  such persons  as
the Vice-Chancellor.

1. These  words  were  substituted  for  the  words  “a  term  not  exceeding  six  months ”

by  Mah.  17  of  2010,  s.2.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

23

(11) Notwithstanding  anything  contained  in  the  foregoing  sub-
sections,  the  person  referred  to  in  sub-section  (6)  shall  stand  retired
from  that  person’s  original  post  in  accordance  with  the  terms  and
conditions  of  services  of  that  post.

(12) The  Vice-Chancellor  may,  by  writing  under  own  signature
addressed  to  the  Chancellor,  after  giving  one  month’s  notice,  resign
from that office and shall cease to hold that office, on the acceptance
of the resignation by the Chancellor or from the date of expiry of the
said  notice  period  whichever  is  earlier.

(13) The  Vice-Chancellor  may  be  removed  from  the  office  if  the

Chancellor  is  satisfied  that  the  incumbent,—

(a) has  become  insane  and  stands  so  declared  by  a  competent

court ;

(b) has been convicted by a court for any offence involving moral

turpitude ;

(c) has become an undischarged insolvant and stands so declared

by  a  competent  court ;

(d) has been physically unfit and incapable of discharging functions

due to  protracted illness or  physical disability ;

(e) is a member of, or be otherwise associated with any political
party or any organisation which takes part in politics, or is taking
part in, or subscribing in aid of, any political movement or activity.

Explanation.—For purposes of this sub-clause, whether any party
is a political party, or whether any organisation takes part in politics
or whether any  movement or activity falls within the scope of this
sub-clause,  the  decision  of  the  Chancellor  thereon  shall  be  final  :

Provided  that,  the  Vice-Chancellor  shall  be  given  a  reasonable
opportunity to show cause by the Chancellor before taking recourse
for  his  removal  under  clauses  (d)  and  (e).

15.  (1) The Chancellor may, in consultation with the Vice-Chancellor
appoint a suitable person, who is an eminent medical educationist as
a  Pro-Vice-Chancellor  of  the  University  :

Manner  of
appointment
of  Pro-Vice-
Chancellor.

Provided  that,  the  Pro-Vice-Chancellor  shall  be  a  person  who  has
held  the  post  of  professor  or  principal  in  an  institution  of  Health
Sciences  for  a  period  not  less  that  seven  years.

(2) The term of Pro-Vice-Chancellor shall be co-terminus with the
term of office of the Vice-Chancellor or till he attains the age of sixty
years,  whichever  is  earlier.

(3) The  Pro-Vice-Chancellor  shall  be  a  full  time  salaried  officer  of
the University, and the pay and allowances admissible to him as well
as the terms and conditions of his service shall be such as determined
by  the  Government.

(4) When the office of the Pro-Vice-Chancellor falls vacant or when
the  Pro-Vice-Chancellor  is,  by  reasons  of  illness  or  absence  or  any
other cause, unable to perform the duties of  his office, the Chancellor,

H  4126—4a

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

24

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

Powers  and
duties  of
Vice-
Chancellor.

upon the recommendation of the Vice-Chancellor, may appoint a suitable
person qualified to be appointed as Pro-Vice-Chancellor, to officiate as
Pro-Vice-Chancellor,  till  the  Pro-Vice-Chancellor  resumes  office,  or
new  Pro-Vice-Chancellor  assumes  duties,  as  the  case  may  be.

16. (1) The  Vice-Chancellor  shall  be  the  principal  academic  and
executive officer of the University responsible for the development of
academic programmes of the University. He shall oversee and monitor
the  administration  of  the  academic  programmes  and  general
administration  of  the  University  to  ensure  efficiency  and  good  order
of  the  University.

(2) He  shall  be  entitled  to  be  present,  with  the  right  to  speak,  at
any  meeting  of  any  other  authority  or  body  of  the  University  but,
shall not  be entitled to  vote thereat, unless  he is the  Chairperson or
member  of  that  authority  or  body.

(3) The Vice-Chancellor shall have the power to convene meetings
of  any  of  the  authorities,  bodies  or  committees,  as  and  when  he
considers  it  necessary  so  to  do.

(4) The Vice-Chancellor shall  ensure that directions issued  by the
Chancellor  are  strictly  complied  with  or,  as  the  case  may  be,
implemented.

(5) It  shall  be  the  duty  of  the  Vice-Chancellor  to  ensure  that  the
provisions of the Act, Statutes, Ordinances, Rules and Regulations are
strictly observed and that the decisions of the authorities, bodies and
committees  which  are  not  inconsistent  with  the  Act,  Statutes,
Ordinances,  Rules  or  Regulations  are  properly  implemented.

(6) The  Vice-Chancellor  may  defer  implementation  of  a  decision
taken or a resolution passed by any authority, body  or committee of
the University if, he is of the opinion that the same is not consistent
with  the  provisions  of  this  Act,  Statues,  Ordinances,  Rules  or
Regulations  or  that  such  decision  or  resolution  is  not  in  the  interest
of  the  University  and  at  the earliest  opportunity  refer  it  back  to  the
authority, body or committee concerned for reconsideration in its next
meeting with reasons to be recorded in writing. If differences persist,
he shall within a week, giving reasons submit it to the Chancellor for
decision  and  inform  about  having  done  so  to  the    members  of  the
authority, body or committee concerned. After receipt of the decision
of the Chancellor, the Vice-Chancellor shall take the action as directed
by  the  Chancellor  and  inform  the  authority,  body  or  committee
concerned accordingly.

(7) If there are reasonable grounds for the Vice-Chancellor to believe
that  there  is  an  emergency  which  requires  immediate  action  to  be
taken, he shall take such action, as he thinks necessary, and shall at
the  earliest  opportunity,  report  in  writing,  the  grounds  for  his  belief
that  there  was  an  emergency,  and  the  action  taken  by  him,  to  such
authority  or  body  as  would,  in  the  ordinary  course,  have  dealt  with
the  matter.  In  the  event  of  a  difference  arising  between  the  Vice-
Chancellor  and  the  authority  or  body  whether  there  was  in  fact  an

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

25

emergency, or on the action taken (where such action does not affect
any  person  in  the  service  of  the  University),  or  on  both,  the  matter
shall  be  referred  to  the  Chancellor  whose  decision  shall  be  final  :

Provided that, where any such action taken by the Vice-Chancellor
affects  any person in the service of the University, such person shall
be  entitled  to  prefer,  within  thirty  days  from  the  date  of  the  receipt
of  the  notice  of  such  action,  an  appeal  to  the  Management  Council.

(8) Where  any  matter  is  required  to  be  regulated  by  Statutes,
Ordinances, Rules or Regulations but no Statutes, Ordinances, Rules
or Regulations are made in that behalf, the Vice-Chancellor may, for
the time being, regulate matter by issuing such directions as the Vice-
Chancellor  thinks  necessary,  and  shall  at  the  earliest  opportunity
thereafter,  place  them  before  the  Management  Council  or  other
authority or body concerned for approval. The Vice-Chancellor may, at
the  same  time  place  before  such  authority  or  body  for  consideration
the  draft  of  Statutes,  Ordinances,  Rules  or  Regulations,  as  the  case
may  be,  required  to  be  made  in  that  behalf.

(9) The  Vice-Chancellor  shall  be  the  appointing  authority  for  the
University teachers on the recommendations of the selection committee
constituted for the said purpose and after approval by the Management
Council.

(10) The Vice-Chancellor shall be the appointing authority for officers
of  the  University  of  the  rank  of  Assistant  Registrar  and  of  the  rank
equivalent thereto and above and after approval by the Management
Council.

(11) As the Chairperson of the authorities or bodies or committees
of the University, the Vice-Chancellor shall be empowered to suspend
a  member  from  the  meeing  of    the  authority,  body  or  committee  for
persisting  to  obstruct  or  stall  the  proceedings  or  for  indulging  in
behaviour  unbecoming  of  a  member,  and  shall  report  the  matter
accordingly,  to  the  Chancellor.

(12) The Vice-Chancellor shall place before the Management Council
a report of the work of the University periodically as provided under
the Ordinances.

(13) The  Vice-Chancellor  shall  exercise  such  other  powers  and
perform such other duties as may be conferred upon the Vice-Chancellor
by  or  under  this  Act.

17. (1) There  shall  be  a  Dean  for  each  faculty,  who  shall  be  a
teacher with minimum ten years teaching experience. The Dean shall
be an academic officer of the University  concerned with and responsible
for implementation of the academic policies approved by the Academic
Council in respect of academic development, maintenance of standards
of  teaching  and  research  and  training  of  teacher  within  his  faculty.

(2) The  Dean  of  every  faculty  shall  be  elected  by  the  members  of

the  faculty  from  amongst  themselves.

Deans  of
Faculties.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

26

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(3) The  Dean  shall  convene  meetings  of  the  faculty,  as  and  when
required,  in  consultation  with  the  Vice-Chancellor  and  shall  preside
over the same. The Dean shall formulate the policies and development
programme  of  the  faculty  and  present  the  same  to  appropriate
authorities  for  their  consideration.

(4) The Dean shall be responsible for the academic development of
the faculty and shall ensure proper implementation of the decisions of
the  Management  Council,  Academic  Council,  Board  of  College  and
University Development and the Board of Examinations in respect of
the  Dean’s  faculty  and  the  decisions  of  the  faculty  and  Boards  of
Studies  under  the  Dean’s  purview.

(5) Subject  to  the  superintendence,  direction  and  control  of  the
Vice-Chancellor the Dean shall, after taking such advice as the Dean
thinks  necessary,  decide  upon  the  grievances  of  students  regarding
the  enrollment,  eligibility,  migration,  scholarships,  studentships  or
freeships,  grant  of  terms,  admission  to  University  examinations.

(6) The  Dean  shall  enquire,  on  being  directed  by  the  Academic
Council, into any malpractice related to any academic programme in
the Dean’s faculty by a University department, affiliated or conducted
college or recognised institution and report the finding to the Academic
Council.

(7) The Dean shall prepare proposals for the award of fellowships,
scholarships and other distinctions in the Dean’s faculty for submission
to  the  Academic  Council.

Registrar.

18.

(1)  The  Registrar  shall  be  appointed  by  the  Vice-Chancellor
on  the  recommendation  of  a  selection  committee  constituted  for
the  purpose.

(2)  The  Registrar  shall  be  the  Chief  Administrative  Officer  of
the  University.  He  shall  be  a  full-time  salaried  officer  and  shall
work directly under the superintendence, direction and control of the
Vice-Chancellor.

(3)  Appointment  of  the  Registrar  shall  be  for  a  term  of  five  years
and  he  shall  be  eligible  for  reappointment.  The  qualifications  and
experience  for  the  purpose  of  selection  of  the  Registrar  shall  be  as
laid down  by the University Grants  Commission and aproved  by the
State  Government.

(4) When the office of the Registrar falls vacant or when the Registrar
is, by reason of illness or absence or any other cause, unable to perform
the duties of his office for a period not exceeding six months, the Vice-
Chancellor shall appoint a suitable person to officiate as the Registrar
until  a  new  Registrar  appointed  and  assumes  office  or  the  Registrar
resumes duty, as the case may be.

(5) The Registrar shall act as Secretary of the Senate, Management
Council,  Academic  Council  and  such  other  authorities,  bodies  and
committees as prescribed by or under this Act.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

27

(6) The Registrar shall be the appointing and the disciplinary authority
of the employees of the University other than the teachers, non-vacation
academic staff and officers of the rank of  Assistant Registrar and other
officers holding posts equivalent thereto or above. An appeal by a person
aggrieved  by  the  decision  of  the  Registrar  may  be  preferred  within
thirty  days  from  the  date  of  communication  of  such  decision,  to  the
Vice-Chancellor.

(7) Subject to the decisions of the authorities of the University, the
Registrar shall have the power to enter into agreements, sign documents
and authenticate records on behalf of the University.

(8) The Registrar shall be custodian of the records, the common seal
and such other property of the University as the Management Council
may, commit to his charge.

(9) The  Registrar  shall  conduct  elections  as  per  the  programme

approved by the Vice-Chancellor.

(10)  The  Registrar  shall  prepare  and  update  the  Handbook  of  the
Statutes, Ordinances and Regulations approved by the authorities, bodies
or committees from time to time, and make them available to all the
respective members of the authorities and officers of the University.

(11)  The  Registrar  shall  receive  complaints  and  suggestions  in
regard  to  the  improvement  of  administration  and  consider  them  for
appropriate action.

(12) The Registrar shall exercise such other powers and perform such
other duties as prescribed by or under this Act or assigned to him, from
time to time by the Vice-Chancellor.

19.

    (1)(a)  Controller  of  Examinations  shall  be  appointed
by the Vice-Chancellor on the recommendations of selection committee
constituted for the purpose;

Controller
of  Exami-
nations.

(b) The Controller of Examinations shall be the principal officer-in-
charge  of the conduct of examinations and tests of the University and
declaration of their results and shall discharge the functions under the
superintendence, direction and guidance of the Board of Examinations.
The Controller shall be a full-time salaried officer of the University and
shall work directly under the control of the Vice-Chancellor ;

(c) The appointment of the Controller shall be for a term of five years,
and the controller shall be eligible for re-appointment. The qualifications
and experience for the purpose of selection of the Controller shall be
such as may be prescribed by Statutes.

(2)  The  Controller  shall  be  the  Member-Secretary  of  the  Board  of
Examinations and of the committees appointed by the board ; except the
committees constituted under clause (a) of sub-section (5) of section 31 ;
for  appointment  of  paper  setters,  examiners  and  moderators.  The
Controller shall be responsible for prompt and proper  implementation
of their decisions.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

28

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(3) Without prejudice to the generality of the provisions of clause (b)
of  sub-section  (1),  the  Controller  shall  be  responsible  for  making  all
arrangements  necessary  for  holding  examinations  and  tests  and
declaration of results. It shall be the Controllers responsibility,—

(a) to  prepare  and  announce  in  advance,  the  calendar  of

examinations ;

(b) to arrange for printing of question papers;
(c) to  arrange  to  get    performance    of  the    candidates  at  the

examinations properly assessed, and process the results ;

(d) to arrange for the timely publication of results of examinations

and other tests;

(e) to postpone or cancel examinations, in part or in whole, in the
event of malpractices or if the circumstances so warrant, and take
disciplinary action or initiate any civil or criminal proceedings against
any person or group of persons or a college or an institution alleged
to have committed malpractices;

(f)  to  take  disciplinary  action  where  necessary  against  the
candidates,  paper  setters,  examiners,  moderators,  or  any  other
persons connected with examinations and found guilty of malpractices
in relation to the examinations;

(g)  to  review  from  time  to  time,  the  results  of  University
examinations and forward reports thereon to the Academic Council.

(4) The Controller shall exercise such other powers and perform such
other duties as may be prescribed or assigned to the Controller, from
time to time, by the Board of Examinations.

Finance
and
Accounts
Officer.

20.

(1)(a) The Finance and Accounts Officer shall be the principal
finance, accounts and audit officer of the University. Such officer shall
be full-time salaried officer and shall work directly under the control of
the Vice-Chancellor ;

(b) The  Finance  and  Accounts  Officer  shall  be  appointed  by  the
Management  Council  either  by  nomination  or  by  obtaining  the
services of a suitable officer on deputation from the Government :

Provided  that,  if  no  officer  is  available  on  deputation,  the
Finance and Accounts Officer may be appointed on recommendation of
the selection committee constituted for this purpose ;

(c) The  salary  and  other  conditions  of  the  services  of  the
Finance  and  Accounts  officer  shall  be  such  as  may  be  prescribed  by
Statutes.

(2) The Finance and Accounts Officer shall be the Member-Secretary
of the Finance and Accounts Committee and shall have the right to be
present,  speak  and  otherwise  take  part  in  the  proceedings  of  the
Management Council on matters which have financial implications but
shall not be entitled to vote.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

29

(3) The Finance and Accounts Officer shall maintain minutes of the
meetings  of  Finance  and  Accounts  Committee  and  the  committees
appointed by the Finance and Accounts Committee.

(4)  The  Finance  and  Accounts  Officer  shall  be  responsible  for
presenting  the  annual  budget,  statement  of  accounts  and  audit
reports,  to  the  Finance  and  Accounts  Committee  and  to  the
Management Council.

(5) The duties of the Finance and Accounts Officer shall be to—

(a) exercise general supervision over the funds of the  University,
and shall advise the Vice-Chancellor as regards the finances of the
University ;

(b) hold  and  manage  the  funds,  property  and  investments,
including trust and endowed property, for furthering any of the objects
of the University ;

(c) ensure that the limits fixed by the University for recurring and
non-recurring expenditure for a year are not exceeded, and that all
allocations are expended for the purposes for which they are granted
or allotted ;

(d) keep watch on the state of the cash and bank balances and of

investments ;

(e) keep  watch  on  the  progress  of  collection  of  revenue  and
advise  the  Vice-Chancellor  on  the  methods  to  be  employed
for collection ;

(f) have the accounts of the University audited regularly ;
(g)  ensure  that  the  registers  of  buildings,  land,  equipment  and
machinery are maintained up-to-date and  that  the  stock taking  of
equipments    and    other  consumable    materials    in  all  offices,
colleges,    workshops    and  stores  of  the  University  is  conducted
regularly ;

(h) propose to the Vice-Chancellor that explanation be called for
unauthorised expenditure or other financial irregularities from any
academic member of University ;

(i) propose to the Registrar that explanation be called from any
non-academic member for unauthorised expenditure or irregularities
in any particular case, and recommend disciplinary action against the
persons at fault ;

(j) call from any office, centre, laboratory, college, department of
the University or University institution, any information and returns
as  deemed  necessary  for  the  proper  discharge  of  the
financial responsibilities ; and

(k)  exercise  such  other  powers,  perform  such  other  duties,  and
discharge such other financial functions as are assigned, by the Vice-
Chancellor or are prescribed by Ordinances.

H  4126—5

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

30

Officers,
members  of
autorities,
bodies  and
employees
of  Univer-
sity  deemed
to  be  Public
servants.

Authorities
of  Univer-
sity.

Power  of
Govern-
ment  to
specify
eligibility
conditions
for  being
member  of
any
authority  of
University.

Senate.

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

21. All salaried officers, members of the authorises, committees or
bodies, teachers of the University and other employees of the University,
shall be deemed to be public servants within the meaning of section 21
of the Indian Penal Code.

CHAPTER IV

AUTHORITIES OF UNIVERSITY

22. The    following  shall  be  the  authorities  of  the  University,

namely :—

(1) the Senate,

(2) the Management Council,

(3) the Academic Council,

(4) the Faculty,

(5) the Planning Board,

(6) the Board of Studies,

(7) the Board of Examinations,

(8) such  other  bodies  of  the  University  as  are  designated  by

Statutes to be the authorities of the University.
1

[22A. Notwithstanding anything contained in any other provisions
of this Act, the Government may, in consultation with the Chancellor,
by  an  order  published  in  the Official  Gazette,  specify  the  eligibility
conditions for being elected or nominated as a member of any authority
of the University.]

23.

(1) The Senate shall be the principal authority for all financial
estimates and budgetary appropriations and for providing social feed
back to the University on current and future academic programmes.

(2) The Senate shall consist of the following members, namely :—

(a) The Chancellor ;

(b) The Pro-Chancellor ;

(c) The Vice-Chancellor ;

(d) The Pro-Vice-Chancellor ;

(e) The Secretary to Government, Medical Education and Drugs
Department, or his nominee not below the rank of Deputy Secretary
to Government ;

1. Section  22A  was  inserted  by  Mah.  35  of  2010,  s.  2.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

31

Mah.
XXXV
o f
1994.

(f) The Director of Medical Education and Research ;

(g) The Director of Health Services ;

(h) The Director of Ayurveda ;
1

[ (i)  three  members  of  the  Maharashtra  Legislative  Assembly,
one  each from  the  areas of  three  Development Boards,  nominated
by  the  Speaker  of  the  Maharashtra  Legislative  Assembly  and  two
members of the Maharashtra Legislative Council nominated by the
Chairman of the Maharashtra Legislative Council ;]

(j) The Deans of faculties ;

(k) Six persons nominated by the Chancellor in consultation with
the Vice-Chancellor from amongst persons having special interest in
Health  Sciences,  out  of  whom,  three  shall  be  persons  from  the
Directors  of  the  affiliated  colleges  (one  each  from  the  Alopathy,
Ayurvedic and Homeopathic faculties of Health Sciences), and one
shall be a person belonging to the Scheduled Castes, one belonging to
the Scheduled Tribes and one shall be a woman ;

(l)  One  person  nominated  by  each  University  governed  by  the

Maharashtra Universities Act, 1994 ;

(m)  Six  persons  to  be  nominated  by  the  Pro-Chancellor  from
amongst the graduates of Health Sciences being one each representing
the  Mumbai,  Pune,  Aurangabad,  Nagpur,  Amravati  and  Nashik
Revenue Divisions of the State ;

(n) Twelve principals of the affiliated Colleges by  rotation being
two  each  representing  the  Mumbai,  Pune,  Aurangabad,  Nagpur,
Amravati   and   Nashik Revenue Divisions ;

(o) Six Professors elected from amongst themselves, being one each
from the Mumbai, Pune, Aurangabad, Nagpur, Amravati and Nashik
Revenue Divisions of the State;

(p)  Five  teachers  other  than  Professors,  elected  from  amongst

themselves ;

(q) Six members one each nominated by State Government to the
Medical Council of India, the Pharmacy Council of India, the Indian
Nursing Council, the Dental Council of India, the Central Council of
Indian Medicine and the Central Council of Homoeopathy shall be ex-
officio members of the Senate ;

(r) Six Heads of Colleges nominated by the Chancellor in consul-
tation  with  the  Vice-Chancellor  by  rotation  for  a  period  of  three
years ;

(s)  The  Registrar,  who  shall  be  the ex-officio  Secretary  of

the Senate ;

1. This  clause  was  substituted  by  Mah.  27  of  2005,  s.  8.

H  4126—5a

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

32

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(t)  Three  students’  representatives  elected  from  the  Colleges  of

Health Science in the State :

Provided that, no non-teaching employee of the University or an
affiliated College shall be eligible to be elected or nominated on the
Senate.

(3) Two persons nominated by the Vice-Chancellor one of whom shall
be an employee of the University and the other shall be from amongst
the employees of the affiliated Colleges or recognised institutions other
than  University  teachers,  teachers,    Registrar,  Deputy    Registrars,
Assistant Registrars.

(4)  The  Chancellor  shall  normally  preside  over  the  Senate.  In  the
absence of  the Chancellor,  the Pro-Chancellor,  and in  the absence  of
both of them the Vice-Chancellor shall preside over the Senate.

Meeting  of
Senate.

24.

(1) A meeting of the Senate shall be held at least twice a year of
dates to be fixed by the Vice-Chancellor. One of such meeting shall be
the annual meeting.

(2)  A  report on  the  working  of  the  University during  the  previous
years together with a statement of receipts and expenditure, the financial
estimates and the last audit report shall be presented for the consideration
of the Senate at the annual meeting of the Senate convened under sub-
section (1).

(3) The Vice-Chancellor may, whenever he thinks fit, and shall, upon
a requisition in writing signed by not less than fifteen members of the
Senate, convene a Special Meeting of the Senate.

Power  and
functions  of
Senate.

25.

(1) The Senate shall have power to review, from time to time,
the  policies  of  the  University  and  to  suggest  measures  for  the
improvement and development of the University and to consider and
pass  resolutions  on  the  annual  accounts  and  audit  reports  of  the
University.

(2) Save as otherwise expressly provided in this Act, the Senate shall

have, the following powers,—

(i) to confer on the recommendation of the Management Council,

honorary degrees or other academic distinctions ;

(ii) to make, amend or repeal Statutes ;

(iii)  to  consider  the  financial  estimates  prepared  by  the

Management Council and pass resolutions thereon ;

(iv)  to  confer,  on  the  recommendation  of  the  Management

Council, the title of Professor of Meritus ;

(v) to exercise such other powers and perform such other duties as

may be conferred or assigned by Statutes, Ordinances and Rules ;

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

33

(vi)  The  Senate  shall  transact  the  following  business  at  its

annual meeting, namely :—

(a) review  current  academic  programmes  and  collaborative

programmes ;

(b) suggest  new  academic  programmes  consistent  with  the

social requirements in Medical education ;

(c) suggest measures for improvement and development of the

University ; and

(d) suggest institution of new degrees, diplomas, certificates and

other academic distinctions.

(3)  The  Senate  shall  receive,  discuss  and  approve  the  annual

reports, accounts and audit reports of the University.

(4) The  Senate shall  review broad policies  and programmes  of the
University and suggest measures for its improvement and development.

26.

(1)  The  Management  Council  shall  consist  of  the  following

members, namely :—

(i) The Vice-Chancellor, Chairperson ;

(ii) The Secretary,  Medical Education and Drugs Department or

Secretary’s nominee not  below the rank of Deputy Secretary ;

(iii) The Director of Medical Education and Research ;

(iv) The Director of Health Services ;

(v) The Director   of Ayurveda ;

(vi) One person nominated by the Chancellor ;

(vii) One  Dean of faculty nominated by the Senate ;

(viii) Three members elected by the Academic Council from amongst

its members as prescribed by Statutes :

Provided  that,  not  more  than  one  person  shall  be  from  one

faculty;

(ix) Four experts in the field of Health Sciences to be nominated
by the Chancellor on the recommendation of the Vice-Chancellor one
each  from  the  Vidarbha,  Marathwada,  Western  Maharashtra  and
Konkan Regions.

(2) The Registrar of the University shall be ex-officio Secretary of the

Management Council, but shall not have the right to vote.

(3) The  Finance  and  Accounts  Officer  and  the  Controller  of
Examinations shall be permanent invitees of the Council, but they shall
also have no right to vote.

Management
Concil.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

34

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

Powers  and
functions  of
Manage-
ment
Council.

(4) Seven members of the Management Council shall form a quorum

for a meeting.

(5) There shall be not less than four meetings of the Management
Council in a year and the rules of procedure for conduct of business to be
followed at a meeting and such other matters in relation to meetings as
may be necessary shall be such as may be prescribed by Statutes.

27.   The Management Council shall exercise the following powers

and perform the following duties, namely :—

(a) make such provisions, as may enable colleges and institutions
to undertake specialised studies and, where necessary or desirable,
organise  and  make  provision  for  common  laboratories,  libraries,
museums and equipment for teaching and research ;

(b) establish  departments,  colleges,  schools,  institutions  of
higher learning, research and specialised studies, hostels and provide
housing for staff, on the recommendation of the Academic Council ;

(c)  make,  amend  or  repeal  Ordinances  and  prepare  draft
Statutes and make such recommendations thereon to the Senate as
it thinks fit ;

(d) hold,  control  and  arrange  for  administration  of  assets  and

properties of the University ;

(e) present the budget estimates as received from the Finance and
Accounts Committee with its own modifications, if any, to the Senate
for its final approval ;

(f) enter into, vary, carry out and cancel contracts on behalf of the

University ;

(g) determine the form of a common seal for the University, and

provide for its custody and use ;

(h) accept on behalf of the University, trusts, bequests, donations
and transfer of any movable or immovable property to the University ;

(i) transfer by sale, or otherwise, any movable property on behalf

of the University ;

(j)  borrow,  lend  or  invest  funds  on  behalf  of  the  University  as

recommended by the Finance and Accounts Committee ;

(k) lay down policy for administering funds at the disposal of the

University for specific purposes ;

(l) provide building, premises, furniture, apparatus and other means

needed for the conduct of the work of the University ;

(m) recommend to the Senate conferment of honorary degrees and

academic distinctions ;

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

35

(n) Institute and confer such degrees, diplomas, certificates and
other academic distinctions as recommended by the Academic Council
and arrange for convocation for conferment of the same, as provided
by Ordinances ;

(o)  institute  fellowships,  travelling  fellowships,  scholarships,
studentships, exhibitions, awards, medals and prizes, and prescribe
rules therefor in accordance with the regulations made in this behalf ;

(p)  make  regulations  for  collaboration  with  other  universities,
institutions  and  organisations  for  mutually  beneficial  academic
programmes recommended by the Planning Board ;

(q)  create  posts  of  University  teachers  and  non-vacation
academic staff on the recommendation of the Academic Council as
and when required ;

(r) lay down by Statute, on the basis of qualifications and terms and
conditions  of  service  and  other  guidelines  approved  by  the  State
Government from time to time, and the procedure for appointment of
University  teachers  and  non-vacation  academic  staff  and  fix  their
emoluments and norms of workload and conduct and discipline ;

(s)  create  posts  of  officers  and  other  employees  of  the

University, subject to prior approval of the State Government ;

(t)  lay  down  by  Statutes  the  procedures  for  appointment  of
Officers and other employees of the University, qualifications, mode
of  recruitment,  pay  scales,  terms  and  conditions  of  service
including conduct, discipline and their duties ;

(u) prescribe by Statutes procedure for appointment of teachers,
officers  and  other  employees  in  all  institutions  and  colleges
affiliated to the University, terms and conditions of their service and
rules and procedures for their appointments ;

(v) prescribe fees and other charges ;

(w) prescribe honoraria, remunerations and fees and travelling and
other  allowances  for  paper-setters,  examiners  and  other
examination  staff,  visiting  faculty,  and  for  such  other  services
rendered to the University ;

(x)  receive  and  consider  report  of  the  working  of  the  Univer-
sity  from  the  Vice-Chancellor  periodically  as  provided  by  the
Ordinances ;

(y)  prepare  academic  calendar  of  the  University  as  per  the
Statutes, and guidelines from the University Grants Commission and
the various Central Councils for next academic year before the expiry
of the current academic year ;

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

36

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(z)  confer  autonomous  status  on  University  departments,
affiliated colleges and recognised institutions on the recommendation
of the Academic Council subject to the predetermined norms approved
by  the  State  Government  having  regard  to  the  guidelines  of  the
University Grants Commission ;

(aa) consider the perspective plan for the academic development of

the University, prepared by the Planning Board ;

(bb) assess and approve the feasibility of proposals from the Academic

Council for academic programmes ;

(cc) consider and  adopt the annual report,  annual accounts and

audit reports and forward them to the Senate for approval ;

(dd) cause an inquiry to be made in respect of any matter concerning
the proper counduct, working and finances of colleges, institutions or
departments of the University ;

(ee) delegate any of its powers, except the power to make, amend
or  repeal  Ordinances,  to  the  Vice-Chancellor  or  such  officer  or
authority of the University or committee appointed by it, as it thinks
fit.

Academic
Council.

28.

(1) The  Academic  Council  shall  be  responsible  for  laying
down the acadamic policies in regard to maintenance and improvement
of  standards  of  teaching,  research  collaboration  programmes
in academic matters and evaluation of work-load of the teachers.

(2) It shall consist of the following members, namely :—

(a) the Vice-Chancellor, Chairperson ;

(b) the Pro-Vice-Chancellor, if any ;

(c) the Deans of Faculties ;

(d) Chairman of the Boards of Studies ;

(e) the Director of the Planning Board ;

(f)  five  principals  of  conducted,  autonomous  or  affiliated

colleges to be elected by the principals from amongst themselves ;

(g) one professor from amongst the professors in the University

departments or institutions, nominated by the Vice-Chancellor;

(h)  one  teacher  representing  each  faculty  to  be  co-opted  by  the
Academic Council from amongst the teachers having not less than
sixteen  years  teaching  experience,  other  than  principals  of
colleges, Heads of University departments and Heads of recognised
institutions ;

(i)  one  head  of  a  recognised  institution,  nominated  by  the

Vice-Chancellor ;

(j)  one  head  or  director  of  an  academic  services  unit  of  the

University, nominated by the Vice-Chancellor ;

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

37

(k) two eminent experts in the field of Health Science, nominated

by the Chancellor ;

(l) the Director of Medical Education and Research, Maharashtra

State ;

(m) the Director of Ayurveda, Maharashtra State.

(3) The Registrar shall act as the Secretary of the Academic Council,

but shall have no right to vote.

(4) The Academic Council shall meet not less than twice a year.

29.   (1) The Academic Council shall be the principal academic authority
of the University and shall be resposible for regulating and maintaining
the standards of teaching, research and examinations in the University.

Powers  and
duties  of
Academic
Council.

(2) Without prejudice to the generality of the forgoing provisions, the
Academic Council shall exercise the following powers and perform the
following duties, namely :—

(a) recommend to the Management Council  regarding institution

of degrees, diplomas, certificate and other academic distinctions ;

(b) recommend  to  the  Management  Council  to  make,  amend  or

repeal Ordinances on issues related to academic matters ;

(c) make,  amend  or  repeal  Regulations  on  matters  specified  in

section 52 of the Act ;

(d) allocate subjects to the faculties ;

(e) make  proposals  for  the  establishment  of  conducted  colleges,
schools, departments, institutions of higher learning,  research and
specialised  studies,  academic  services  units,  libraries,  laboratories
and museums in the University ;

(f) consider and make recommendations regarding new proposals
for creation of professorships, associate professorships, readerships,
lecturerships  and  non-vacational  academic  staff  required  by  the
University ;

(g)  recommend  to  the  State  Government  or  otherwise  of  the
qualifications as prescribed by the University Grants Commission and
the  various  Central  Councils  for  different  categories  of  teach-
ers and non-vacational academic staff, and for a particular post in
these  categories,  whether  in  the  University  or  in  any  affiliated
college or a recognised institution, and prescribe additional qualifi-
cations, if any ;

(h) make proposals to the Management Council for the institution
of  fellowships,  travelling  fellowships,  scholarships,  studentships,
medals and prizes and make regulations for their awards ;

H  4126—6

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

38

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(i)  prescribe  qualifications  and  norms  for  appointment  of
paper-setters, examiners, moderators and others, concerned with the
conduct of examinations ;

(j)  appoint  committees  to  review  periodically  the  utility  and
practicability of the existing courses of study and the desirability or
necessity of reviewing or modifying them in the light of new knowledge
or changing social requirements ;

(k)  make  proposals  for  the  conduct  of  interfaculty  and  area  or
regional studies, common facilities, such as instrumentation centres,
workshops, hobby centres, museums, etc ;

(l) prescribe norms for recognition of any member of the staff of an
affiliated  college  or  recognised  institution  as  a  teacher  of  the
University ;

(m)  prescribe  norms  for  granting  affiliation,  continuation  of
recognition, extension of recognition to institutions of higher learning
and research of specialised studies ;

(n) grant affiliation to colleges or institutions in accordance with

the provision of the Statutes, Ordinances and Regulations ;

(o) accord recognition to institutions of higher learning, research
of  specialised  studies  on  the  recommendation  of  the  committees
appointed by the Council ;

(p)  recommend  to  the  Management  Council  conferment  of
autonomous  status  on  University  institutions,  departments,
affiliated colleges and recognised institutions in accordance with the
provisions of Ordinances ;

(q) make proposals to the Management Council, to prescribe fees

and other charges ;

(r)  generally,  advise  the  University  on  all  academic  matters
and  submit  to  the  Management  Council  feasibility  reports  on
academic  programmes  recommended  by  the  Senate  at  its  last
annual meeting ;

(s)  exercise  such  other  powers  and  perform  such  other  duties
as  may  be  conferred  or  imposed  on  it  by  or  under  this  Act,  the
Statutes, Ordinances and Regulations.

Board  of
Examina-
tions.

30.

(1)  The  Board  of  Examinations  shall  be  the  authority  for
conducting the examinations and making policy decisions in regard to
organising  and  holding  examinations,  improving  the  system  of
examinations, appointing the paper-setters, examiners and moderators,
and also prepare the schedule of dates for holding examinations and
declaration of the results. The Board of Examinations shall also oversee
and regulate the conduct of examinations in the autonomous colleges,
institutions and University departments.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

39

(2) The  Board  of  Examinations  shall  deal  with  all  the  matters  in
relation      to  examinations  and  shall  hear  and  decide  the  complaints
received pertaining to any matter arising out of conduct of examinations.
The procedure to be followed by the Board in their deliberations shall be
such as may be prescribed.

(3) The  Board  of  Examinations  shall  consist  of  the  following

members, namely :—

(a) Vice-Chancellor, Chairperson ;

(b) Pro-Vice-Chancellor ;

(c) the Dean of the faculty concerned with the examination ;

(d) one  head  of  University  department,  not  below  the  rank  of

Reader, nominated by the Vice-Chancellor ;

(e) one  principal  other  than  Dean  of  faculty  nominated  by  the

Management Council ;

(f)  one  teacher  other  than  heads  of  departments  or  principals,

nominated by the Management Council ;

(g) one evaluation expert, co-opted by the Board ;

(h)  Controller  of  Examinations  shall  be  the ex  officio

Member-Secretary.

31.

(1) The Board of Examinations shall ensure proper organisation
of  examinations  and  tests  of  the  University,  including  moderation,
tabulation and the declaration of results.

(2) The Board shall meet, not less than once in each academic term.

(3) In  particular  and  without  prejudice  to  the  generality  of
duties  as  mentioned  in  sub-section  (1),  the  Board  shall  exercise  the
following powers and perform following duties, namely :—

(a) to  appoint  paper-setters,  examiners  and  moderators
from  amongst  the  persons  included  in  the  panels  prepared  by  the
respective Boards of Studies and, where necessary, having regard to
the recommendations made by the committee under clause (b) of sub-
section (6) remove them or debar them ;

(b) to  undertake,  exercise  and  experiment  in  examination

reforms;

(c) to exercise such other powers in relation to examinations as

may be assigned to it by or under this Act.

(4) In case of any emergency requiring immediate action to be taken,
the Chairperson of the Board or any other officer or person authorised
by the Chairperson in that behalf,  shall take such action as considered
fit and necessary, and at the next meeting of the Board, the action taken
shall be reported by such person.
H  4126—6a

Powers  and
duties  of
Board  of
Examina-
tions.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

40

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(5)(a) In order to appoint paper-setters, examiners and moderators,
the  Board  of  Examinations  shall  constitute  committees  for
every subject consisting of,—

(i) the Pro-Vice-Chancellor, Chairperson ;

(ii) the Dean of the concerned faculty ;

(iii) the Chairperson of the concerned Board of Studies ;

(iv)  two  members  of  the  Board  of  Studies  nominated  by  it  from

amongst its members :

Provided that, where a referee is to be appointed for evaluation of
thesis  and  dissertation  and  for  conduct  of viva  voce  examinations
wherever prescribed for awarding post-graduate, doctorate and higher
degrees, two persons nominated by the Academic Council shall also be
members on the concerned committee ;

(b) The Controller of Examinations shall be the ex officio Secretary of

such committees ;

(c) The  committees  shall  prepare  lists  of  persons  for  various
examinations  and  tests,  from  amongst  persons,  included  in  the
panels to be prepared by the Board of Studies and shall submit them to
the  Examination  Board,  which  shall  then  appoint  paper-
setters, examiners and moderators, and where necessary referees ;

(d) No member of the Board of Examinations or the committees shall

be appointed as paper-setter, examiner, moderator or referee ;

(e) The committee shall obtain three sets of question papers in sealed
covers in the respective subject. The Chairperson of the committee shall
draw at random one of such sealed covers containing question papers.
This sealed cover with seal intact shall then be sent to the press.

(f) Assessment of answer books for all degree examinations shall be
done centrally through central assessment system. All the answer books
of an examination shall be collected at a convenient central place. The
answer books then will be given code numbers and will be masked. All
the examiners will attend the central assessment centres and they will
assess the answer books at the centre only. The answer books will then
be demasked and the result sheets will be prepared by the moderators :

Provided  that,  the  University  may,  adopt  the  same  system  for
post-graduate  courses  as  well  whenever  it  considers  it  expedient
and practicable.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

41

(6) (a)  In  order  to  investigate  and  take  disciplinary  action  for
malpractices  and  lapses  on  the  part  of  candidates,  paper-setters,
examiners,  moderators,  referees,  teachers  or  any  other  persons
connected with the conduct of examinations, the Board of Examinations
shall constitute a committee of not more than five persons of whom one
shall be Chairperson ;

(b) Such a committee shall submit its report and recommendations to
the Board of Examinations which shall take disciplinary action in the
matter as it deems fit.

(7) The Board shall prepare the financial estimates for incorporation
in  the  budget  of  the  University  and  shall  submit  the  same  to
the Finance and Accounts Officer.

(8) The Board shall arrange for strict vigilance during the conduct of
the  examinations  so  as  to  avoid  use  of  unfair  means  by  the
students, teachers, invigilators, supervisors, etc.

32.

(1) The faculties shall be the principal academic co-ordinating
authorities of the University in respect of studies and research in relation
to the subjects included in the faculty, and also in respect of studies and
research in multi-faculties.

Faculties.

(2) The  University  shall  have  such  faculties  as  prescribed  by

Statutes.

(3) A  faculty  shall  be  constituted,  divided,  combined  with  or
abolished,  only  with  the  approval  of  the  Academic  Council  and  as
prescribed by Statutes.

(4) The  faculty  shall  comprise  such  subjects  as  are  prescribed  by

Statutes,

(5) The faculty shall consist of the following members :—

(a) the Dean of the faculty—ex officio Chairperson ;

(b) the  Chairperson  of  each  Board  of  Studies,  for  the  subjects

comprised in the faculty ;

(c) three members of each Board of Studies to be elected by the
members of the Boards of Studies from amongst themselves, out of
whom at least one shall be a post-graduate teacher.

33. The  faculty  shall  have  the  following  powers  and  duties,

namely :—

(a)  to  consider  and  report  on  any  matter  referred  to  it  by  the

Management Council, Academic Council or Planning Board ;

(b)  to  consider  and  approve  recommendations  of  the  Boards  of
Studies in the faculty, and matters related to more than one Board of
Studies  not  affecting  any  other  faculty,  and  recommend  to  the
Academic Council for action as it thinks fit ;

Powers  and
duties  of
Faculty.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

42

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(c)  to  consider  and  recommend  to  the  Academic  Council,  the
academic  matters  within  its  purview,  which  affect  any  other
faculty  or  faculties  or  which  involve  administrative  or  financial
implications ;

(d) to  consider  and  recommend  to  the  Academic  Council
establishment of new courses, inter-disciplinary courses and short-
term  training  programmes,  referred  to  it  by  the  Board  of  Studies
or  Board  of  Inter-disciplinary  Studies,  if  any,  constituted  by
Statutes ;

(e) to make recommendations to the Planning Board in respect of
the requirements regarding the conduct of post-graduate or under
graduate instruction, teaching, research and training in University
institutions  or  departments,  affiliated  colleges  and  recognised
institutions ;

(f)  to  ensure  that  guidelines  and  rules  framed  for  the  following

matters by the Academic Council are implemented :—

(i) long-term curriculum development ;
(ii) faculty development ;
(iii) teaching or learning material development ;
(iv)  research  in  educational  matters  with  particular

reference to colleges ;

(g)  to  plan  and  organise  inter-departmental  and  inter-faculty
programmes  in  consultation  with  the  Boards  of  Studies,  other
faculties or Planning Board ;

(h)  to  recommend  to  the      academic  staff  college  and  the
Academic Council regarding organisation of refresher and orientation
courses  for  teachers  of  affiliated  Colleges  and  University
departments  especially  for  the  revised  or  newly  introduced  or
inter-disciplinary courses of study ;

(i) to elect the Deans of the faculties ;

(j) to prepare and submit the annual report of the functioning of

the faculty to the Vice-Chancellor ;

(k) to consider any other academic matter which may be referred

to it.

Planning
Board.

34.   (1) The Planning Board shall be responsible to plan development
of  the  University,  both  physical  and  academic,  and  it  shall
conduct  academic  audit  of  the  University  departments,  institutions,
colleges and recognised institutions. It shall also plan, monitor, guide
and co-ordinate under graduate and post-graduate academic programme
and development of affiliated colleges.

(2) It shall consist of the following members, namely :—

(a) the Vice-Chancellor—Chairperson ;
(b) the Pro-Vice-Chancellor, if any ;

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

43

(c) one Dean of faculty, nominated by the Academic Council ;

(d) one Head or Director from amongst the Heads or Directors of
the  University  institutions  or  departments,  not  below  the  rank  of
professor  and  who  is  not  a  Dean  nominated  by  Academic
Council ;

(e) one  teacher,  imparting  post-graduate  instruction  having
not less than sixteen years of teaching experience, nominated by Vice-
Chancellor ;

(f) one  teacher  imparting  under-graduate  instruction  having
not  less  than  sixteen  years  of  teaching  experience,  nominated
by the Management Council ;

(g) one  principal  of  an  affiliated  college  of  Health  Sciences,
nominated by the Management Council from amongst  the principals
who are members of the Academic Council ;

(h) one principal of an affiliated professional college nominated by

Vice-Chancellor;

(i) two experts, co-opted by the Board, from amongst the Heads of

National and State level research institutions ;

(j) the Director of the Planning Board—Member-Secretary :

Provided that, the members nominated in categories (c) to (i) above,

as far as practicable, be drawn from different faculties.

(3) The Board shall actively establish collaboration with national and

International Health Science Institutions.

(4) The Board shall meet at least twice a year.

35. The Board shall,—

(1) suggest measures to create links and develop specific scheme of
inter-university  and  University  and  college  interaction  with
industry,   agriculture, banks, commerce, science and community ;

(2) prepare University and college development plans, both short-
term and long-term, keeping in view the objectives of the University
as laid down in the Act and with due regard to the State and National
Educational Policy ;

(3) recommend to the Management Council the development and
collaborative  programmes  for  the  deparments,  colleges  and  the
University ;

(4) monitor and report the progress of all such approved develop-
ment and collaborative programmes to the Management Council once
a year ;

Powers  and
duties  of
Planning
Board.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

44

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

Board  of
Studies.

(5) evaluate and assess the use of grants by University department,
post-graduate centres and affiliated colleges in respect of development
projects and submit the report to the Academic Council ;

(6) assess  the  manpower  requirements  of  trained  persons  in
different fields, such as, Health Sciences and technology and make
necessary recommendations to the Academic Council introducing and
strengthening of relevant courses of study ;

(7)  organise  academic  audit  of  development  and  collaborative
programmes of University institutions or departments, post-graduate
centres  and  affiliated  colleges,  according  to  the  provisions  of  the
Statutes  at  least  once  in  three  years  and  make  necessary
recommendations to the University for implementation ;

(8) scrutinise  the  applications  received  for  establishment  of
new  colleges  or  institutions  for  affiliation  to  the  University  and
process the same for forwarding to the State Government as provided
by the Statutes.

36.

(1) There shall be a Board of Studies for every subject or group

of subjects as prescribed by the Statutes.

(2) The Board of Studies shall consist of,—

(a)  the  Head  of  the  University  department  or  institution  in  the

relevant subject :

Provided  that,  where  there  is  no  University  department  in
the subject the Board shall at its first meeting co-opt the Head of the
Department from an affiliated college having post-graduate teaching
in that subject ;

(b)  six  Heads  of  Departments  in  affiliated  colleges,  other  than
principals, having not less than ten year’s teaching experience, elected
by  the  Heads  of  departments  in  affiliated  colleges  from  amongst
themselves.

(3) The Board, at its first meeting, shall co-opt,—

(a) one  post-graduate  teacher  having  not  less  than  ten  years
teaching  experience,  from  amongst  the  teachers  of  affiliated
colleges having post-graduate teaching in the subject ;

(b) one  teacher  having  not  less  than  ten  years  teaching
experience, from amongst  affiliated college teachers in  the subject
who  is not  head  of the  department  in the  University  or   affiliated
college or principal ;

(c) two eminent persons who are,—

(i) either professors or readers in other Universities ; or

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

45

Powers  and
duties  of
Board  of
Studies.

(ii) persons  holding  rank  not  lower  than  that  of  Assistant
Director  in  national  laboratories  or  institutions  or  recongnised
institutions ; or

(iii) experts in related field having published,—

(a) at least one book ; or
(b) research  paper  in  recognised  national  or  International

Journals.

(4) The Chairperson shall be elected by the members of the Board

from among themselves.

37.   The Board of Studies shall have the following powers and duties,

namely :—

(a) to    recommend,  upon  reference  to    it  by  the    Management
Council,  or  Academic  Council  or  the  faculty  concerned  or
otherwise,  the  courses  of  study  in  the  subject  or  group  of  subjects
within its purview ;

(b) to   recommend books,   including   text-books, supplementary
reading, reference books and other material for such courses of study ;

(c) to  recommend  to  the  Academic  Council  for  its  approval
the  preparation  and  publication  of  selections  or  writing  or  work
of  authors  and  other  matters  as  well  as  material  consequent
to  curriculum  development  by  the  teachers  of  the  University
for  its  introduction  in  the  syllabi  of  the  courses  of  study  under
the  purview  of  the  Board  in  accordance  with  the  Regulations
made by the Academic Council in that respect ;

(d) to  advise  the  faculty  or  faculties  concerned  regarding

improvements in the courses of study ;

(e) to  recommend  names  of  suitable  person  for  inclusion  in  the
panels for appointment of paper-setters, examiners and moderators
at  the  University  examinations  in  the  subject  by  the  Board  of
Examinations ;

(f)  to  recommend  to  the  Board  of  Examinations,  names  of
persons  suitable  for  appointment  of  referees  for  evaluation  of  this
and  dissertations  and  for  conduct  of viva  voce  examinations,
wherever prescribed, for awarding post-graduate doctorate and higher
degrees ;

(g) to suggest organisation of orientation and refresher courses in

the subject ;

(h) to prepare requirements in respect of teaching of the subject
at  various  levels  in  respect  of  teachers  and  their  qualifications,
library, laboratory and hospital equipment and consumables for the
use  for  the  Planning  Board  for  formulating  the  norms  and
requirements for granting affiliation or extention or continuation of
affiliation  to  colleges  and  for  granting  recognition  or  extension  or
continuation of recognition to institutions by the University.

H  4126—7

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

46

Powers,
functions
and  duties
o f
authorities.
Terms  of
office  of
members
o f
authority.

Cessation
of  member-
ship.

Disqualifi-
cation  of
member-
ship  of
authority.

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

38. The constitution, powers, functions and duties of the authorities
of the University, not laid down under any of the provisions of this Act,
shall be such as may be prescribed by Statutes.

39. Save as otherwise provided by or under the provisions of this
Act,  the  term  of  office  of  the  elected,  nominated,  appointed  or
co-opted members of any authority shall be five years from the date of
its  first  meeting,  irrespective  of  the  date  on  which  a  member
enters upon such office.

40. Notwithstanding anything contained in this Act or Statutes made
thereunder, where a person, elected, nominated, appointed or co-opted
as an officer of the University or a member of any of the authorities or
bodies of the University by virtue of his being eligible to be so elected,
nominated, appointed or co-opted as such an officer or a member under
any of the categories of officers or members specified by or under the
relevant provisions of  this Act in relation to such  office, authority or
body, such person shall cease to be such an officer of the University or
member of such authority, or a body as soon as such person ceases to
belong to such category and shall be deemed to have vacated the office
as such officer or member.

41. A person shall be disqualified for being a member of any of the

authorities of University, if such person—

(a) is  of  unsound  mind  and  stands  so  declared  by  a  competent

court ;

(b) is an undischarged insolvent ;

(c) has been convicted of any offence involving moral turpitude ;

(d)  is  conducting  or  engaging  oneself  in  private  tuitions  or

private coaching classes ;

(e)  has  been  punished  for  indulging  in  or  promoting,  unfair

practices in the conduct of any examination in any form anywhere.

Ineligibility
for  second
consecutive
terms.

42. No person shall be a member of the Management Council, the
Academic  Council  or  the  Board  of  Examinations  for  a  second
consecutive  term  whether,  as  an  elected,  nominated,  appointed  or
co-opted member, as the case may be.

Conclusive-
ness  of
decision  of
authority.

43. Save as otherwise provided by or under the provisions of this
Act,  each  authority  of  the  University  while  acting  and  exercising  its
powers  and  discharging  its  functions  or  duties  assigned  to  it  by  or
under the provisions of this Act, shall have the exclusive jurisdiction
to  deal  with  and  decide  the  matters  assigned  to  and  discharging  its
functions  or  duties  assigned  to  it  by  or  under  the  provisions  of  this
Act, shall have the exclusive jurisdiction to deal with and decide the
matters assigned to it.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

47

44.

(1)  Every  election  to  any  authority  or  body  of  the  University
under this Act shall be held by ballot in accordance with the system of
proportional  representation  by  means  of  the  single  transferable  vote
and as prescribed by Statutes.

Election  to
be  by
proportional
representa-
tion.

(2)  The  other  details  relating  to  elections  not  specified  in  this  Act

shall be as prescribed by Statutes.

45.

(1) A member other than ex officio member may resign by writing
under  his  signature.  A  nominee  of  the  Chancellor  may  resign,  by
addressing  to  the  Chancellor  and  any  other  member  may  resign  by
addressing to the Vice-Chancellor. The person shall cease to be a member
upon  his  resignation  being  accepted  by  the  Chancellor  or  the  Vice-
Chancellor, as the case may be.

Resignation
o f
membership
and  filling
in  casual
vacancy.

(2)  If  the  person  nominated,  elected,  appointed  or  co-opted  to  an
authority  or  body  remains  absent  without  prior  permission  of  the
authority or body for three consecutive meetings, he shall be deemed to
have vacated his membership and he shall cease to be a member from
the date of the third such meeting in which he has remained absent.

46.

(1) Save as otherwise provided by this Act all matters with regard
to the conduct of meetings of the authorities, bodies or  committees, if
any, constituted by the University or any authority shall be such as may
be prescribed by Statutes.

Meeting  of
authorities.

(2) A meeting of an authority or body shall be convened on the date

determined by the Chairperson by a notice issued by its  Secretary.

(3) Except as otherwise provided, the quorum for the meeting shall
ordinarily be one-third of the number of the sitting members. If there is
no  quorum,  the  meeting  shall  be  adjourned  by  the  Chairperson  to  a
specific time on the same day or on a later date and no quorum shall be
necessary for such adjourned meeting.

(4) Where  no  provision  is  made  by  or  under  Statute  for  a
President or Chairperson to preside over a meeting of any authority or
body  of  the  University  or  when  the  President  or  the  Chairperson  so
provided for is absent and no provision is made for any other person to
preside,  the  members  persent  shall  elect  one  person  from  amongst
themselves to preside at the meeting.

(5) Save  as  otherwise  provided,  all  items,  questions,  matters  or
proposals on the agenda shall be decided by a majority of votes of the
members present.   The Chairperson shall also have a vote. In case of
equality of votes the Chairperson shall have a casting vote. The  Secretary,
if not a member, shall have right to participate in the deliberations, but
shall have no right to vote.
H  4126—7a

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

48

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

Causal
Vacancy
and
standing
committee
to  fill
vacancies.

47.  (1)  When  any  vacancy  occurs  in  the  office  of  a  member,  other
than  an ex  officio  member,  of  any  authority  or  other  body  of  the
University before the expiry of his normal term, the vacancy shall be
filled, as soon as may be, by nomination of a person by the Standing
Committee  constituted  under  sub-section  ( 2).  The  person  so
nominated shall be a person who is otherwise, eligible to be elected on
the  said  authority  or  body  from  the  same  category.  The  person  so
nominated  shall  hold  office  only  so  long  as  the  member  in  whose
place he has been nominated, would have held it, if the vacancy had
not occurred.

(2) The Standing Committee for filling the vacancies mentioned in

sub-section shall consist of the following members, namely :—

(a)  three  members,  nominated  by  the  Senate,  from  amongst  its

members ;

(b) two  members, nominated by  the Management  Council, from

amongst its members ;

(c)  two  members,  nominated  by  the  Academic  Council,  from

amongst its members.

(3) The Chairperson of the Standing Committee shall be elected by its

members from amongst themselves ;

(4)  The  term  of  office  of  the  Standing  Committee  shall  be

co-terminus with the term of the Senate.

CHAPTER V

STATUTES, ORDINANCES, RULES AND REGULATIONS

Statutes.

48. Subject to the provisions of this Act, Statutes may provide for all

or any of the following matters, namely :—

(1) conferment of honorary degrees and holding convocation ;

(2)  the  establishment  and  maintenance  of    the  University
departments, institutions,  conducted  colleges, institutions of higher
learning,  research or specialised  studies and  hostels ;

(3) the powers and duties of the officers of the University ;

(4) the powers and duties of the authorities of the University ;

(5) the principles governing the seniority  and service conditions

of the employees of the University ;

(6) the  provision  for  disqualifying  members  of  the  authorities,

bodies or committees of the University ;

(7) abolition  of  University  departments  or  institutions  and

conducted colleges ;

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

49

(8) qualifications, recruitment, workload, code of conduct, terms
of  office,  duties  and  conditions  of  service,  including  periodic
assessment  of  teachers,  officers  and  other  employees  of  the
University  and  the  affiliated  colleges  (except  those  colleges  or
institutions maintained by the State or Central Government or a local
authority), the provision of pension, gratuity and provident fund, the
manner  of  termination  of  their  services,  as  approved  by  the  State
Government ;

(9) application of funds  of the University for  furtherance of the

objects of the University ;

(10) norms  of  affiliation  of  colleges  or  for  withdrawing  the

affiliation of the colleges ;

(11) the norms for grant of autonomy to University departments
or  institutions,  affiliated  colleges  and    recognised    institutions,
subject to the approval of the State Government ;

(12) acceptance and management of trusts, bequests, donations,

endowments and grants from individuals or organizations ;

(13)  provision  of  reservation  of  adequate  number  of  posts  of
teachers, officers and  other employees of the  University, affiliated
colleges and recognised institutions, for members of the Scheduled
Castes  and  Scheduled  Tribes  and  Other  Backward  Classes  in
accordance with the policy of the State Government ;

(14) number  of  working  days,  number  of  actual  days  of
instructions,  holidays  other  than  Sundays,  vacation  and  terms  in
academic year ;

(15) disciplinary   action   against   defaulting   teachers,   officers
and      other  employees  of  the  University,  affiliated  colleges  and
recognised  institutions  other  than  the  colleges  or  institutions
managed  and  maintained  by  the  State  Government  or  Central
Government or Local Authorities ;

(16) the  taking  over  or  transferring,  in  public  interest,  of  the
management  of  a  college  or  institution  by  the  University  and  the
conditions  for  such  taking  over  or  transferring,  subject  to  the
approval of the State Government ;

(17) any matter which is to be prescribed or which is necessary to

give effect to the provisions of this Act.

49.

(1) The Statute may be made, amended or repealed by the Senate

in the manner hereinafter provided.

Statutes
how  made.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

50

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(2)  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.

(3) 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,  where  any  such  draft  Statute  pertains  to  academic
matters, the Senate shall obtain the opinion of the Academic Council
before considering the same.

(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 Senate for reconsideration.

(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
Government,  may,  direct  the  University  to  make  provisions  in
Statutes in respect of any matter specified by him and if the Senate fails
to  implement  such  a  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
Statutes suitably.

Ordinances
and  their
subject
matter.

50. Subject to the conditions prescribed by or under this Act, the
Management Council may make Ordinance, to provide for all or any of
the following matters, namely :—

(i) the conditions under which students shall be admitted to courses
of  study  for  degree,  diploma,  certificate  and  other  academic
distinctions ;

(ii) the fees to be charged for enrollment of students for attending
such courses in the University and the conducted colleges (including
the tuition fees and hostel charges), which shall, as far as possible, be
uniform for the colleges situated in the same local areas, for admission
to the examinations leading to degrees, diplomas, certificate and other
academic distinctions, and for registration of graduates ;

(iii) the conditions of residence, conduct and discipline of the students
of the University, and action to be taken against them for breach of
discipline or misconduct, including the following :—

(a)  use  of  unfair  means  at  an  examination  or  abetment

thereof ;

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

51

(b)  refusal  to  appear  or  give  evidence  in  any  authorised
inquiry by an officer in charge of an examination, or by any officer
or authority of the University ; or

(c) disorderly or otherwise objectionable conduct, whether within

or outside the University ;

(iv) the qualifications and classification of teachers in University

departments, colleges and recognised institutions ;

(v)  the  conditions  governing  the  appointment  and  duties  of

examiners ;

(vi) the conduct of examinations and other tests, and the manner
in  which  the  candidates  may  be  assessed  or  examined  by  the
examiners ;

(vii)  the  recognition  of  teachers  of  the  University  and  the
conditions subject to which persons may be recognised as qualified to
give  instructions  in  the  University  departments,  colleges  and
recognised institutions ;

(viii) the inspection of colleges, recognised institutions, halls and

hostels ;

(ix) the mode of execution of contracts or agreements for, by or on

behalf of the University ;

(x) the rules to be observed and enforced by colleges and recognised

institutions regarding transfer of students wherever necessary ;

(xi) the powers and functions of students’ associations and other

organisation in colleges ;

(xii) all other matters which, by or under this Act or Statutes, are

to be or may be, provided by Ordinance ; and

(xiii) generally, all matters for which provision is, in the opinion of
the  Management  Council,  necessary  for  the  exercise  of  the
powers conferred, or the performance of the duties imposed, on the
Management Council by or under  this Act or Statutes.

51.

(1)  The  Management  Council  may  make,  amend  or  repeal

Ordinances in the manner hereinafter provided.

Ordinances
and  their
making.

(2) No Ordinance concerning the matters referred to in clauses (i) to
(vii) of the last preceding section, or any other matter connected with
the maintenance of the standards of teaching and examinations within
the University, shall be made by the Management Council unless a draft
thereof has been proposed by the Academic Council.

(3) The Management Council shall not have the power to amend any
draft proposed by the Academic Council under sub-section (2), but may
reject or return it to the Academic Council for reconsideration, in part
or  in  whole,  together  with  any  amendments  which  the  Management
Council may suggest.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

52

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

Regulations
and  Rules.

(4) All Ordinances made by the Management Council shall have effect
from such date as it may direct, but every Ordinance so made shall be
submitted  to  the  Chancellor  within  two  weeks.  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.

52.

(1) Subject to the conditions prescribed by or under this Act, and
the approval of the Management Council, the Academic Council may
make Regulations consistent with this Act, Statutes and Ordinances,
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, and for all
other matters solely concerning itself.

(2) Any authority or body may, subject to the previous approval of the
Management Council, make Rules, consistent with this Act, the Statutes,
Ordinances and Regulations, for—

(a) giving notice of the dates and hours of its meetings and of the

business to be conducted thereat ;

(b)  regulating  the  procedure  at  its  meeting  and  the  number  of
members required to form a quorum, and keeping of records of the
proceedings of such meetings ;

(c) providing for all matters solely concerning such authority or

body.

(3) Such Rules shall be, submitted to the Management Council, which
may amend or annul them in such manner as it thinks proper, after
ascertaining and considering the views of the authority or body making
them.

       CHAPTER VI

TEACHERS AND EMPLOYEES

Grievances
Committee.

53.   (1) There shall be a Grievances Committee in the University
to  deal  with  the  grievances  of  teachers  and  other  employees  of  the
University, Colleges, institutions and recognised institutions and to hear
and  settle  grievances  as  far  as  may  be  practicable  within  six
months,  and  the  committee  shall  make  a  report  to  the  Management
Council.

(2) It shall be lawful for the Grievances Committee to entertain and
consider grievances or complaints and report to the Management Council
for taking such action as it deems fit and the decisions of the Management
Council on such report shall be final.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

53

(3) the Grievances Committee shall consist of the following members,

namely :—

(a) The Pro-Vice-Chancellor,

 . .

. .

Chairperson ;

(b) Four members of the Management Council
nominated by the Management Council
from amongst themselves,

. .

. .

(c) The Registrar

. .

. .

(4) The Registrar shall not have a right to vote.

CHAPTER VII

Members ;

Member-
Secretary.

ADMISSIONS, EXAMINATIONS AND OTHER MATTERS RELATING TO STUDENTS

54.

In  accordance with  the reservation  policy  of the  Government
for  the  weaker  sections  of  society,  admission  to  all  courses,  in  the
University  departments  and  affiliated  colleges  shall  be  made  on  the
basis of competitive merit in accordance with the Rules, if any, made by
the Government and published in the Official Gazette, or by the University
and published in the University Gazette by the University :

Admi-
ssions.

Provided  that,  where  model  rules  have  been  framed  by  the
Government,  in  the  interest  of  the  students  for  the  entire  State,  the
University shall adopt the same and such rules shall be published in the
University Gazette or, the Official Gazette, as the case may be, at least
six months before the start of any academic session which shall begin
not latter than first August every year :

Provided  further    that,  having  regard  to  the  maintenance    of
discipline,  the  authority  concerned  shall  have  the  power  to  refuse
admission to a student.

55. At  the  beginning  of  each  academic  term  and  in  any  case  not
later than 30th of October of every calendar year, the University shall
prepare and publish a Schedule of Examinations for each and every course
conducted by itself or by any affiliated college or institution within its
jurisdiction and shall strictly adhere to the Schedule.

Examina-
tions.

Explanation.— “ Schedule  of  Examinations  ”  means  a  table  giving
details about the time, day and date of commencement of each paper
which is a part of a scheme of examinations and shall also include the
details about the practical examinations :

Provided however that, in case the University is unable to follow this
Schedule due to reasons and circumstances beyond its control it shall,
as  soon  as  practicable,  submit  a  report  to  the  Chancellor  and  to  the
Government, incorporating the detailed reasons for making a departure
from the published Schedule.
H  4126—8

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

54

Declaration
of  results.

Examina-
tions  not
invalid  for
non-
compliance
with
Schedule.

Sports  and
Extra
curricular
activities.

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

56. The  University  shall  strive  to  declare  the  results  of  every
examination conducted by it within thirty days from the last date of the
examination for that particular course and shall, in any case, declare
the results latest within forty-five days thereof :

Provided however that, if for any reasons whatsoever the University
is unable to declare the results of any examination within the aforesaid
period  of  forty-five  days,  it  shall  submit  a  report,  incorporating  the
detailed reasons for such delay, to the Chancellor and to the Government.

57. No examination or the result of an examination shall be held
invalid  only  for  the  reason  that  the  University  has  not  followed  the
Schedule as stipulated in section 55 or 56, as the case may be.

58. The University shall frame  appropriate Statutes, Ordinances,
Regulations and Rules to ensure that the students selected to represent
their classes, colleges or the University as the case may be, for sports,
culture and all other activities are selected entirely on the basis of merit,
through open merit competition  alone and on no other basis.

CHAPTER VIII
COMMITTEES

Commi-
ttees.

59.

(1) Library Committee.—(a) There shall be a library committee
for administering, organising and maintaining the libraries and library
services of the Univesrsity. It shall consist of the following members,
namely :—

(i) the Vice-Chancellor—    Chairperson ;
(ii) three Deans of faculties, nominated by the Vice-Chancellor ;
(iii)  three  Heads  of  University  institutions  or  departments,

nominated by the Vice-Chancellor ;

(iv) two teachers, nominated by the Academic Council  from amongst

its members ;

(v) the Registrar ;
(vi) the Librarian—   Secretary ;

(b)  All  members  of  the  Library  Committee,  other  than  the
ex officio members, shall hold office for a period of five years and shall
not be eligible for re-nomination thereafter ;

(c) The duties of the Committee shall be as follows :—

(i) to   provide   for   proper organisation   and   functioning of the

library documentation services and updating the stock of  books ;

(ii) to provide for  modernisation and improvement of library and

documentation services ;

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

55

(iii)  to  recommend  to  the  Management  Council  fees  and  other

charges for the use of library services by students and others ;

(iv) to prepare the annual budget and proposals for development of

the library, for approval of the Management Council ;

(v) to submit the annual report on the functioning of the library.

(2) Finance and Accounts Committee.—(a) There shall be a Finance
and  Accounts  Committee  consisting  of  the  following  members
namely :—

(i) the Vice-Chancellor—Chairperson ;
(ii) the Pro-Vice Chancellor ;
(iii) one person,  nominated by the Government, not  below  the

rank   of Deputy Secretary ;

(iv)  the  Director  of  Accounts  and  Treasuries  or  Director’s
representative, not  below the  rank of a  Joint Director  of Accounts
and Treasuries ;

(v)  three  persons,  nominated  by  the  Academic  Council    from

amongst its members ;

(vi) three persons, nominated by the  Management Council from

amongst its members ;

(vii) the Finance and Accounts Officer—Secretary ;

(b) The quorum for a meeting of the Committee shall be six;

(c) All the members of the Committee other than ex officio members,

shall hold office for a term of five years ;

(d) The committee shall meet at least four times a year to examine
the accounts, the progress of expenditure and all new proposals involving
fresh expenditure in the light of the provisions available ;

(e)  The  annual  statement  of  accounts  and  the  financial  estimates
(budget) of the University, prepared by the Management Council shall
be laid before the Finance and Accounts Committee for consideration
and recommendation, and for submission thereafter to the Management
Council for such action as it thinks fit ;

(f)  The  budget  shall  be  prepared  in  the  following  three  distinct

parts :—

(i) maintenance ;
(ii) development ; and
(iii) independent project or scheme or collaborative programmes

grants ;

(g) The Committee shall perform the following additional functions

and duties, namely :—

(i) recommend to the Management Council the limits for the total
recurring and non-recurring expenditure for the year, based on the
income  and  resources  of  the  University,  including  the  proceeds  of
loans for productive work ;

H  4126—8a

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

56

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(ii) recommend to the Management Council productive investment

and management of the University assets and resources ;

(iii) explore the possibilities of, and resort to, augmenting further

the resources for the development of the University ;

(iv) take  necessary  steps  to  have  the  University  accounts

audited by auditors appointed by the Management  Council ;

(v)  advise  the  Management  Council  on  matters  related  to  the

administration of the property and the funds of the University ;

(vi)  ensure  proper  implementation  of  the  Government’s  orders

issued from time to time, in respect of financial matters ;

(vii) advise on financial matters referred to it by the Management
Council, Academic Council or any other authority, body or committee
or any officer of the University ;

(viii) report  to  the  Vice-Chancellor  any  lapse  or  irregularity  in
financial matters which comes to its notice, who may take, suitable
prompt actions after assessing the seriousness of the matter or refer
it to the Management Council ;

(h) The other powers and duties of the committee and the procedure

at its meetings shall be such as may be prescribed ;

(i) The annual accounts of the University, Colleges and institutions

shall be open for audit by the auditors appointed by the Government.

(3) Purchase Committee.—(a) There shall be a Purchase Committee
for dealing with all matters pertaining to all purchases of the University,
in respect of such items where individual cost of each item exceeds rupees
one lakh, at a time ;

(b) The Committee shall consist of the following members, namely :—

(i) the Vice-Chancellor—Chairperson ;
(ii) three  Heads  of  University  institutions  or  departments,

nominated by the Vice-Chancellor ;

(iii) two  members,  nominated  by  the  Management  Council,  from

amongst its members ;
(iv) the Registrar ;
(v) the Finance and Accounts Officer ;

(c) The  Finance  and  Accounts  Officer  shall  ordinarily  act  as  the
Secretary of the Purchase Committee.  During the period when there is
no Finance  and Accounts Officer or  during the Officer’s  absence, the
Registrar shall act as the Secretary of the committee ;

(d) The Purchase Committee shall invite the heads of the University

institutions or departments for which the purchase is to be made ;

(e)  All  members  of  the  Committee,  other  than ex  officio  members,

shall hold office for a period of two years ;

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

57

(f) The powers and duties of the Committee and the procedure for its

meetings shall be such as may be prescribed by Statutes.

60.

(1)  Subject  to  the  provisions  of  this  Act,  Statutes  and
Ordinances,  the  Vice-Chancellor  shall,  till  the  University  Grants
Commission’s  scheme  of  recruitment  becomes  operative,  appoint
according  to  the  order  of  merit  and  recommendations  made  by  the
selection committee, a University teacher.

Selection
and
appoint-
ment  of
University
teachers.

(2) The  selection  committee  for  making  recommendations  for
appointment  of  University  teachers  shall  consist  of  the  following
members :—

(a) the Vice-Chancellor or the Pro-Vice-Chancellor upon directions

of the Vice-Chancellor— Chairperson;

(b) two persons, nominated by the Chancellor;

(c) the Dean of the faculty concerned;

(d) the  Head  of  the  University  department  or  a  head  of  the

concerned institution;

(e) three experts, nominated by the Management Council out of a
panel of not less than six names of experts not connected with the
University, recommended by the Academic Council, who have special
knowledge of the subject for which the teacher is to be selected;

(f) one person belonging to Scheduled Castes or Scheduled Tribes

or Other Backward Classes, nominated by the Chancellor :

Provided that, a head, referred to in clause (d), who is a Reader
shall be a member of the selection committee for the selection to the
posts of lecturer.

(3) The Registrar shall act as the Secretary of the committee.

(4) Every post of a University teacher, to be filled by selection, shall
be duly and widely advertised, according to the draft approved by the
Vice-Chancellor,  together  with  particulars  of  the  minimum  and
additional qualifications, as prescribed, the emoluments and number of
posts  to  be  filled,  the  number  of  posts  which  are  reserved  for  the
members  of  the  Scheduled  Castes  or  Scheduled  Tribes  or  Other
Backward  Classes ;  and  reasonable  time,  to  be  determined  by  the
Vice-Chancellor, shall be allowed within which the applicants may, in
response to the advertisement, submit their applications.

(5) The date of the meeting of every selection committee shall be so
fixed as to allow a notice of at least thirty days of such meeting, being
given to each member; and the particulars of each candidate shall be
sent to each member of the selection committee so as to reach him at
least seven days before the date of meeting.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

58

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(6) The quorum to constitute a meeting of every selection committee
shall be four member, of whom, at least   two shall be persons nominated
under clause (e) of sub-section (2) :

Provided that, for the post of Professor, the selection committee may
in preference to the candidates who have applied and appeared before it,
recommend for appointment, with all the requisite details, the name of
any other person who may not have applied or appeared before it, but
who is duly qualified and has to his credit exceptionally high academic
achievements or proficiency in the specialisation or has extraordinary
academic contribution, to be recorded in writing.

(7) If, on a petition by any persons directly affected, or suo motu, the
Chancellor, after making or having made such inquiries or obtaining or
having  obtained  such  explanations,  including  explanations  from  the
teachers whose appointments are likely to be affected, as may be or may
have been necessary, is satisfied that the appointment of a teacher of
the University, made by any authority or officer of the University at any
time  was  not  in  accordance  with  the  law  at  that  time  in  force,  the
Chancellor, may, by order, notwithstanding anything contained in the
contract relating to the conditions of service of such teacher, direct the
Vice-Chancellor  to  terminate  his  appointment  after  giving  him  one
month’s  notice  or  one  month’s  salary  in  lieu  of  such  notice,  and  the
Vice-Chancellor shall forthwith comply and take steps for a fresh selection
to  be  made.  The  person  whose  appointment  has  been  so  terminated
shall be eligible to apply again for the same post.

(8) Any order made by the Chancellor, under the last preceding sub-
section,  shall  be  final  and  a  copy  of  the  order  shall  be  served  on  the
teacher  concerned  by  the  Vice-Chancellor  within  three  days  from  its
receipt.

(9) It  shall  be  the  duty  of  the  Vice-Chancellor  to  ensure  that  no
payment whatsoever is made to any person, by way of salary or allowance,
from the funds of the University, for any period after the termination of
his  services,  and  any  authority  or  officer  authorising  or  making  any
such payment shall be liable to reimburse the amount so paid to the
University.

61.

(1) (a)  There  shall  be  a  selection  committee  for  making
recommendations  of  suitable  candidates  for  appointment  to  the
posts of,—

(i) Registrar ;

(ii) Controller of Examinations ;

(iii) Finance and Accounts Officer ;

(b) The selection committee shall consist of—

(i)  the  Vice-Chancellor,  or  the  Pro-Vice-Chancellor  upon  the

direction of the Vice-Chancellor—Chairperson ;

Selection
committees
for  officers
and
employees
of  Univer-
sity  and
principals,
teachers
and  other
employees
of  affiliated
colleges.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

59

(ii) two members, nominated by the Management Council, from

amongsts its members ;

(iii)  a  Dean,  not  being  a  member  of  the  Management  Council,

nominated by the Vice-Chancellor ;

(iv) two experts having special knowledge in the field related to the
post  to  be  filled,  who  are  not  connected  with  the  University,  and
affiliated  college or  recognised  institution,  nominated by  the  Vice-
Chancellor ;

(v) one person belonging to Scheduled Castes or Scheduled Tribes

or Other Backward Classes, nominated by the Vice-Chancellor;

(vi) the Registrar shall act as the member-secretary of the selection
committee except where the Registrar is also a candidate for the post.
In case when Registrar is also a candidate, any person nominated by
the Vice-Chancellor shall act as a member-secretary.

(2) The  selection  committee  and  mode  of  appointment  of  other
officers  of  the  University  shall  be  such  as  may  be  prescribed  by
Statutes.

(3) The selection committee and mode of appointment for principals,
teachers and other employees of affiliated colleges shall be such as may
be prescribed.

(4) The management of any affiliated college, shall before proceeding
to fill in vacancies of teachers and other employees in accordance with
the prescribed procedure shall ascertain from the University whether
there  is  any  suitable  person  available  on  the  list  of  surplus  persons
maintained  by  the  University 
in  other
colleges and in the event of such person being available, the management
shall appoint that person.

for  absorption 

62.

In addition to the committees constituted under this Act, the
authorities  of  the University  may  appoint  a committee  with  suitable
terms and reference for any specific task, and such a committee shall
consist  of  members  of  the  same  authority  constituting  such  a
committee  and  also  of  such  other  persons  as  that  authority  may
nominate.

Commit-
tees.

CHAPTER  IX

PERMISSION, AFFILIATION AND RECOGNITION

63. The  management  applying  for  affiliation  or  recognition  and
management whose college or institution has been granted affiliation or
recognition, shall give and comply with the following undertaking,—

(a) that the  provisions of this Act, Statutes, Ordinances, Rules
and the Regulations thereunder and the standing orders and directions
of the University shall be observed ;

Conditions
for
affiliation
and
recognition.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

60

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(b) that  there  shall  be  a  separate  local  managing    committee

provided for an affiliated college as provided by section 67 ;

(c) that the number of students admitted for courses of study shall
not  exceed  the  limits    prescribed  by  the  University    and    the
Government, from time to time ;

(d) that there shall be suitable and adequate physical facilities such
as  building,  laboratories,  libraries,  books,  equipments
required   for teaching and research, hostels, gymnasium, as may be
prescribed by   Statutes ;

(e) that the financial resources of the college or institution shall be
such  as  to  make  due  provision  for  its  continued  maintenance  and
working ;

(f) that the strength and qualifications of teaching and  non-teaching
staff  of  the  affiliated  colleges  and  recognised  institutions  and  the
emoluments and the terms and conditions of service of the staff of
affiliated colleges shall be such as prescribed by the University and
which shall be sufficient to make due provision for courses of study,
teaching or training or research, efficiently ;

(g) that the services of all teaching and non-teaching employees
and  the  facilities  of  the  college  to  be  affiliated  shall  be  made
available  for  conducting  examinations  and  for  promoting  other
activities of the University ;

(h) that the directions and orders issued by the Chancellor, Vice-
Chancellor  and  other  officers  of  the  University  in  exercise  of  the
powers conferred on them under the provisions of this Act, Statutes,
Ordinances, Rules and Regulations shall be complied with;

(i)  that  there  shall  be  no  transfer  of  the  management  without

previous permission of the University ;

(j) that the college or institution shall not be closed without previous

permission of the Univeisity ;

(k) that in the event of disaffiliation or derecognition or closure of
the  college  or  institution  under  section  74,  all  the  assets  of  the
college or institution including building and equipment which have
been constructed or created out of the amount paid as a grant-in-aid
by the Government or the University Grants Commission shall vest
in the Government.

Proceedure
for
permission.

64.

(1) The  University  shall  prepare  a  perspective  plan  for
educational development for the location of institutions of higher learning
in a manner ensuring equitable distribution of facilities of Health Sciences
Education having due regard, in particular, to the needs of unserved
and  under  developed  areas  within  the  jurisdiction  of  the  University.
Such plan shall be prepared by the Academic Council and shall be placed
before  the  Senate  through  the  Management  Council  and  shall  be
updated every five years.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

61

(2) No application for opening a new college or institution of higher
learning which is not in conformity with such plan, shall be considered
by the University.

(3) The  management  seeking  permission  to  open  a  new  college  or
institution of higher learning shall apply in the prescribed form to the
Registrar of the University before the last day of October of the year
preceding the year from which the permission is sought.

(4) All such applications received within the aforesaid time-limit shall
be scrutinised by the Planning Board and be forwarded to the Government
with the approval of the Management Council on or before the last day
of December of the year, with such recommendations (duly supported
by  relevant  reasons) as  are  deemed  appropriate by  the  Management
Council.

(5) Out  of  the    applications  recommended  by  the  University,  the
Government may grant permission to such institutions as it may consider
right  and  proper  in  its  absolute  discretion,  taking  into  account  the
Government’s budgetary resources, the suitability of the managements
seeking permission to open new institutions and the State level priorities
with regard to location of institutions of Health Sciences learning :

Provided however that, in exceptional cases and for the reasons to be
recorded in writing, any application not recommended by the University
may be approved by  the State Government for starting a new college or
institution of Health Sciences learning.

(6) No application shall be entertained directly by the Government
for  the grant of permission for opening a new college or institution of
Health Sciences learning.

65.   (1) On receipt of the permission from the Government under
section 64, the Academic Council of the University shall consider grant
of first time affiliation to the new college or institution by following the
prescribed procedure given in sub-section (2) and after taking into account
whether, and the extent to which, the stipulated conditions have been
fulfilled by the college or institution. The decision of the Academic Council
in this regard shall be final.

(2) For the purpose  of considering the application for  the grant of
affiliation, the Academic Council shall cause an inquiry by a committee
constituted for the purpose by it.

(3) The  Academic  Council shall decide,—

(a) whether affiliation should be granted or rejected ;

(b) whether affiliation should be granted in whole or part ;

(c) subjects,  courses  of  study,  the  number  of  students  to  be

admitted ;
H  4126—9

Procedure
for  affilia-
tion.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

62

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(d) conditions,  if  any,  which may  be  stipulated,  while  granting,

or for granting the affiliation.

(4) The Registrar shall communicate the decision of the Academic
Council  to  the  applicant  management  with  a  copy  to  the  Secretary,
Medical Education and Drugs Department, and if the application for
affiliation is granted, along with an intimation regarding,—

(a) the  subjects  and  the  courses  of  study  approved  for

affiliation ;

(b) the number of students to be admitted ;

(c)  the  conditions,  if  any,  subject  to  the  fulfilment  of  which  the

approval is granted.

(5) The procedure referred to in sub-sections (1) to (6) of section 64
shall apply, mutatis mutandis, for the permission to open new courses,
additional faculties, new subjects and additional divisions.

(6) No  students  shall  be  admitted  by  the  college  or  institution
unless the first time affiliation has been granted by the University to
the college or institution.

(7) The procedure referred to in sub-sections (1) to (4) shall apply,
mutatis mutandis, for the consideration of continuation of affiliation,
from time to time.

Procedure
o f
recognition
o f
institutions.

66.

(1) The  management  of  an  institution  actively  conducting
research or specialised studies for a period not less than five years, and
seeking recognition, shall apply to the Registrar of the University with
full information regarding the following matters, namely :—

(a) the constitution and personnel of the management ;

(b) the  subjects  and  courses  of  study  for  which  recognition  is

 sought ;

(c) the accommodation,  equipment  and the number of students

for whom provision has been made ;

(d) the  staff,  permanent,  visiting  and  honorary,  of  the
institution, recognised for guiding research or recognizable for the
purpose  by  the  University;  their  experience,  evidence  of  research
work carried out at the institution, publications, reports, monographs,
books published by the institution ;

(e) the  fees  levied,  or  proposed  to  be  levied,  and  the  provisions
made  for  capital,  expenditure  on  building  equipment  and  for  the
continued maintenance and efficient working of the institution.

(2) Before considering such an application, the Planning Board may

call for any further information which it thinks necessary.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

63

(3) If the Planning Board decides to consider the application, it may
direct  a  local  inquiry  to  be  made  by  a  competent  person  or
persons  having  specialised  knowledge  in  the  subject  or  field
concerned.  After  considering  the  report  of  such  inquiry,  and  making
such  further inquiry,  as it  may  think necessary,  the Planning  Board
shall submit to the Academic Council the proposal to grant or reject the
application, in part or in whole.

(4) The  Academic  Council  shall  after  considering  the  proposal
submitted  by  the  said  Board,  may,  either  grant  or  reject  it.  The
decision of the Academic Council in the matter shall be final and binding.

67.

(1) There shall be a separate local managing committee for every
affiliated  college  or  institution,  consisting  of  the  following
members :—

(a) President or Chairman of the management-Chairperson ;

(b) Secretary of the management or Secretary’s nominee ;

(c) three local members representing different fields of the area,

nominated by the management ;

(d) three  teachers,  elected  by  the  teachers  of  the  college  or

Local
managing
or  advisory
committee
of  an
affiliated
college.

institution ;

(e) one  non-teaching  employee,  elected  by  the  non-teaching

employees of the college or institution ;

(f) Principal, Member-Secretary.

(2) For a college or institution managed and maintained by the State
Government  or  local  authority,  the  Local  Advisory  Committee  shall
consist of the following members :—

(i) three  persons  each  representing  Director  of  Medical
Education and Research, Director of Health Services and Director of
Ayurveda ;

(ii)  three  teachers,  elected  by  the  teachers  of  the  college  or

institution ;

(iii)  one  non-teaching  employee,  elected  by  the  non-teaching

employees of the college or institution ;

(iv) Principal, Member-Secretary.

(3) The Local Managing or Advisory Committee shall meet at least

twice a year.

(4) Members elected or nominated shall have a term of five years.

(5) The  powers  and  duties  of  the  Local  Managing  or  Advisory

Committee shall be to,—

(a) prepare the budget and financial statement of the college or

institution ;

H  4126—9a

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

64

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(b) recommend to the management the creation of the teaching

and other posts ;

(c) determine the programme of instruction and internal evaluation

and to discuss the progress of studies in the college ;

(d) make  recommendations  to  the  management  for  the
improvement  of  the  standard  of  teaching  in  the  college  or
institution ;

(e) formulate proposals of new expenditure not provided for in the

college budget ;

(f) advise the  principal regarding the intake  capacity of various
classes, preparation of time-tables, distribution of the available teaching
work-load and such other matters relating to the internal management
of the college and discipline of the college students as may be referred
to it by the principal, from time to time ;

(g)  consider  and  make  recommendations  on  the  inspection

report, if any ;

(h) consider and make recommendations on the report of the local

inquiry committee, if any ;

(i) prepare the annual report on the work done by committee for
the year ending on the thirtieth June and submit the same to the
management, the Management Council of the University and to the
Director ;

(j) perform such other duties and exercise such other powers as

may be entrusted by the management and the University.

Continua-
tion  of
affiliation
or
recognition.

68. The  affiliated  college  or  recognised  institution  may  apply  for
continuation  of  affiliation  or  recognition  for  the  courses  of  study  for
which affiliation or recognition was granted ordinarily six months prior
to  the  date  of  expiry  of  such  affiliation  or  recognition.  The
University shall follow the procedure prescribed in Statutes, so far as
applicable, for grant of continuation.

Extension
o f
affiliation
or
recognition.

69. The  affiliated  college  or  recognised  institution  may  apply  for
affiliation  or  recognition  for  additional  courses  of  study.    The
University shall  follow the procedure as prescribed in sections 63, 65
and 66 so far as may be applicable.

Permanent
affiliation
and
recognition.

70. The affiliated college or recognised institution with at least six
years  standing  as  an  affiliated  college  or  recognised  institution  may
apply for permanent affialiation or recognition. The Planning Board shall
consider and scrutinise the application and make recommendation to
the Academic Council. If the Academic Council is satisfied  that  the
affiliated  college or recognised  institution has fulfilled all the conditions
of affiliation or recognition satisfactorily and has attained high academic
and  administrative  standards  as   prescribed  by  the  University,  from
time to time, the Academic Council shall grant permanent affiliation or
recognition to the college or institution, as the case may be.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

65

71.

(1) A University department or institution, affiliated college or
recognised  institution    may    apply    to    the  University  for  grant  of
autonomous status.The Management Council on the recommendation
of Academic Council may confer the autonomous status.

(2)  The  autonomous  department  or  institution  or  college  or
recognised  institution,  may  constitute  its  authorities  or  bodies  and
exercise  the  powers  and  perform  the  functions  and  carry  out  the
administrative, academic, financial and other activities of the University,
as prescribed.

(3)  The  autonomous  department  or  institution  or  college  or
recognised  institution  may  prescribe  its  own  courses  of  study,
evolve its own teaching methods and hold examinations and tests for
students receiving instruction in it and award degrees or certificates of
its own. Autonomous department or institution or college or recognised
institution  shall  function  with  the  objectives  of  promoting  academic
freedom and scholarship on the part of teachers and students which are
essential  to  the  fostering  and  development  of  an  intellectual  climate
conducive to the pursuit of scholarship and excellence.

72.

(1) Every affiliated college and recognised institution shall furnish
such reports, returns and other particulars as the University may require
for  enabling 
judge  the  academic  standards  and
standards  of  academic  administration  of  the  college  or  recognised
institution.

it  to 

Autono-
mous
department
of  institu-
tion  or
college  or
recognised
institution.

Inspection
of  colleges
and
recognised
institutions
and  report.

(2) The Vice-Chancellor shall cause every University department or
institution,  affiliated  college  or  recognised  institution  to  be
inspected,  at  least  once  in  every  three  years,  by  one  or  more
committees appointed by him in that behalf which shall consist of the
following members, namely :—

(a) a Dean, nominated by the Vice-Chancellor-Chairperson ;

(b) one expert, not connected with the University, nominated by

the Academic Council ;

(c) one expert, to be nominated by the Management Council :

Provided that, no member on such committee shall be connected with

the management of college or the institution concerned.

(3) The committee shall submit its report to the Vice-Chancellor for

consideration and for further action as may be necessary.

73.

(1)  If  an  affiliated  college  or  recognised  institution  fails  to
comply  with  the    conditions  of  affiliation  or  recognition  as  provided
in section 63 or to allow the local managing or advisory committee as
provided  in  section  67  to  function  properly  or  to  take  action  as  per
directions  issued  under  this  Act  or  if  it  is  conducting  the  college  or
recognised  institution  in  a  manner  prejudicial  to  the  interest  of  the

Withdrawal
of  affili-
ation  or
recog-
nition.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

66

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

University or the standards laid down by it, the Planning Board may
issue a notice to the management to show cause as to why the  privileges
conferred  on  the  college  or  recognised  institution  by  affiliation  or
recognition should not be withdrawn in part or in whole or modified.

(2) The Planning Board shall mention in the notice, the grounds on
which it proposes to take the action, as proposed in sub-section (1) and
shall send a copy of the notice to the principal of the college, or head of
recognised  institution. It  shall also  specify   in the  notice, the  period,
being a period which shall not be less than thirty days, within which the
management should file its written statement in reply to the notice.

(3) On receipt of such written statement or on expiry of the period
specified in the notice issued under sub-section (1), the Planning Board
shall  place  before  the  Academic  Council,  the  notice  and  the  written
statement,  if  any,  with  or  without  the  motion  for  withdrawal  or
modification of such privileges.

(4)  The  Academic  Council  shall,  having  regard  to  the  interest  of
students  studying  in  the  colleges  or  recognised  institutions,
recommend to the Vice-Chancellor the action to be taken in this  behalf
and  the  Vice-Chancellor  shall,  thereafter,  proceed  to  implement  the
recommendations.

Closure  of
college  or
recognised
institution.

74.

(1) No management of a college or recognised institution shall
be allowed to close down the college or recognised institution without
prior permission of the State Government.

(2) The management desirous of closing down the college or recognised
institution  shall apply  to  the University  on  or before  the  first day  of
August of the preceding year, stating fully the grounds for closure, and
pointing out the assets in the form of buildings and equipments, their
original cost, the prevailing market value and the grants so far received
by it either from the University Grants Commission, the Government
or from public funding agencies.

(3) On receipt of such an application, the Academic Council shall cause
to make inquiries as it may deem fit, to assess and determine whether
the college or recognised institution be permitted to effect the closure.
The  Academic  Council  may  examine  whether  the  closure  should  be
avoided by providing necessary assistance or taking over of the college
or institute by the University or transferring it to another management.

(4) If the Academic Council decides to recommend the closure, it shall
prepare and submit to the Management Council, a report on the extent
of damages   or compensation to be recovered from the management
and  whether  the  assets  created  utilising  the  funds  provided  by  the
University Grants Commission, the Government or other public funding
agencies, be transferred to  the University or other management  and
the  payment of compensation   to the  teachers and the staff retrenched.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

67

(5) The  Academic  Council  shall,  with  prior  concurrence  of  the
Management Council and approval of the  Government,  then decide
whether  the affiliated college or recognised institution be permitted the
closure.

(6) If the University decides to take over the college or recognised
institution or transfer the same to another management, the procedure
to be followed shall be such as may be prescribed by Statutes.

(7) The procedure to effect the closure shall be in phases, so as to
ensure that the students already admitted to the college or recognised
institution are not affected, and that the first year shall be closed first
and no new admissions shall be effected. The procedure to phase out the
closure shall be such as may be prescribed by Statutes.

 CHAPTER X

ENROLMENT, DEGREES AND CONVOCATIONS

75. All post-graduate instruction, teaching, training and research
shall normally be conducted within the University, affiliated colleges
and  the  recognised  institutions  and  in  the  manner  prescribed  by
Statutes.

Post-
graduate
teaching
and
research.

76. A  person  to  be  enrolled  as  a  student  of  the  University  shall
possess  such  qualifications  and  fulfill  such  conditions  as  may  be
prescribed by Statutes.

Enrolment
of  students.

77.

(1) All powers relating to discipline and disciplinary action in
relation  to  the  students  of  the  University  departments  and
institutions and college, maintained by the University, shall vest in the
Vice-Chancellor.

Disciplinary
powers  and
discipline
among
students.

(2) The Vice-Chancellor may, by order, delegate all or any of his powers
under this Act as he deems fit, to such other officer as he may nominate
in that behalf.

(3) The  Vice-Chancellor  may,  in  the  exercise  of  his  powers,  by
order, direct that any student or students be expelled or rusticated for a
specified period, or be not admitted to a course or courses of study in a
college, institution or department of the University for a specified period,
or  be  punished  with  fine,  not exceeding  three  hundred  rupees,  or  be
debarred from taking an examination or examinations conducted by the
department, college or institution maintained by the University for a
specified period not exceeding five years or that the result of the student
or  students  concerned  in  the  examination  in  which  he  or  they  have
appeared be cancelled :

Provided  that,  the  Vice-Chancellor  shall  give  reasonable
opportunity to the student concerned of being heard, if expulsion is for a
period exceeding one year.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

68

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(4) Without  prejudice  to  the  powers  of  the  Vice-Chancellor,      the
principals  of  conducted  colleges,  heads  of  the  University  institutions
and heads of department of the University shall have authority to exercise
all such powers over the students in their respective charge as may be
necessary for   the maintenance of proper discipline.

(5) The  Vice-Chancellor  shall,  subject  to  the  approval  of  the
Management Council, make rules of discipline and proper conduct for
students of the University which shall also apply to the students of all
its conducted colleges and University departments or institutions and
every student shall be supplied with a copy of such rules.

(6) The  principals  of  the  colleges  and  heads  of  the  institutions,
maintained by the University, may make such supplementary rules of
discipline and proper conduct, not inconsistent with the rules made by
the Vice-Chancellor, as they think necessary and every student shall be
supplied with a copy of such supplementary rules.

(7) At  the  time  of  admission,  every  student  shall  sign  a
declaration  to  the  effect  that  he  submits  himself  to  the  disciplinary
jurisdiction  of  the  Vice-Chancellor  and  the  other  officers  and
authorities or bodies of the University and the authorities or bodies of
the conducted colleges and institutions, and shall observe and abide by
the rules made by the Vice-Chancellor in that behalf and in so far as
they  may  apply,  the  supplementary  rules  made  by  the  principals  of
conducted colleges and heads of University institutions.

(8) All powers relating to disciplinary action against students of an
affiliated  college  or  recognised  institution  not  maintained  by  the
University, shall vest in the principal of the affiliated college or head of
the recognised institution, and the provisions of the foregoing sub-sections
including the rules, if any, made thereunder, shall mutatis mutandis
apply to such colleges, institutions and students therein.

78.

(1) The   Management   Council may institute and confer such
degrees, diplomas, certificates and other academic distinctions as may
be recommended by the Academic Council.

(2)  The  Chancellor  may,  on  the  recommendation  of  the
Management  Council    and  the  Academic  Council,  supported  by  a
majority  of  not  less  than  two-third  members  of  each  such  authority,
present at its meeting, such majority comprising not less than one-half
of  members  of  each  such  authority,  withdraw  degree  or  diploma  or
certificate or any other academic distinction permanently or for such
period as the Chancellor thinks fit, if such a person is convicted by a
court of law for any offence involving moral turpitude. No such action
under this section shall be taken unless the person concerned is given
an opportunity to defend himself.

Degrees,
diplomas,
certificate
and  other
academic
distinctions.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

69

Honorary
degree.

79.

(1) The Management Council may consider and recommend to
the  Senate  the  conferment  of  an  honorary  degree  or  other  academic
distinction on any person, without requiring him to undergo any test or
examination,  on  the  ground  solely  that  he,  by  reason  of  his  eminent
position, attainments and public service, is a fit and proper person to
receive such degree or  other academic distinction, and  such recommen-
dation shall  be deemed  to  have been duly  passed if  supported  by a
majority of not less than two-thirds of the members present at the meeting
of the Senate, being not less than one-half of its total membership :

Provided  that,  the  Management  Council  shall  not  entertain  or
consider  any  proposal  in  that  behalf  without  the  Vice-Chancellor
having obtained the previous approval of the Chancellor.

(2) The Management Council may take a decision on the proposal of
the  Senate  provided  that  the  Senate  shall  not  entertain  or
consider  any  proposal  in  that  behalf  without  the  Vice-Chancellor
having obtained prior approval of the Chancellor.

80. The Convocation of the University shall be held at least once
during  an  academic  year  in  the  manner  prescribed  by  Statutes  for
conferring degrees, post-graduate diplomas or for any other purpose.

Convoca-
tion.

81.

(1)  Subject  to  the  provisions  of  sub-section  (2),  the  following
persons shall be entitled to have their names entered in the register of
registered  graduates  or  deemed  to  be  registered  graduates,
maintained by the University, namely :—

Registered
Graduates.

(a) who are graduates of the University ;

(b) who are graduates holding a degree in Health Sciences of any
existing  University  for  which  the  University  under  this  Act  is
established.

(2) A person who,—

(a) is of unsound mind and stands so declared by a competent court ;

(b) is an undischarged insolvent ;

(c) is convicted for an offence involving moral turpitude ;

(d) is a registered graduate of any other University  established by

law in the State of Maharashtra,

shall  not  be  qualified  to  have  his  name  entered  in  the  register  of
graduates, or be a registered graduate.

(3) Every person who intends to be registered graduate shall make an
application to the Registrar in such form and make payment of such
fees, as are prescribed by Statutes.

(G.C.P.) H 4126—10 (4,742-5-13)

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

70

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

Removal  of
name  from
register  of
graduates.

(4) The Vice-Chancellor shall, after making such inquiry as he thinks
fit, decide whether the person is entitled to be a registered graduate. If
any question arises whether a person is entitled to have his name entered
in the register of graduates or be a registered graduate or is not qualified
to be a registered graduate, it shall be decided by the Vice-Chancellor
after making such inquiry as the Vice-Chancellor thinks fit and such
decision shall be final.

82.

(1)  The  Chancellor  may,  on  the  recommendation  of  the
Management Council supported by a majority of not less than two-thirds
of  its  members  present  at  its  meeting,  such  majority  comprising  not
less than one-half of its members, remove the name of any person from
the register of graduates for such period as the Chancellor thinks fit, if
such person has been convicted by a court for any offence which, in the
opinion of the Management Council, is a serious offence involving moral
turpitude.

(2)  No  action  under  this  section  shall  be  taken  unless  the  person
concerned is, as prescribed by Statutes,   given an opportunity of being
heard in   his defence.

CHAPTER  XI

UNIVERSITY FUNDS, ACCOUNTS AND AUDIT

Annual
financial
estimates.

83.

(1) The annual financial estimates (budget) of the University for
ensuing  financial  year  shall  be  prepared  by  the  Management
Council under the direction of the Finance and Accounts Committee at
least two months before the commencement of the financial year.

University
funds.

(2) The Management Council shall thereafter forward copies of financial
estimates  as  approved  by  the  Senate  to  the  Chancellor  and  the
Government.

(3) The  financial  year of the University shall be same as that of   the

Government.

84.

(1)  The  University  shall  establish  the  following  funds,

namely :—

(a) general fund ;

(b) salary fund ;

(c) trust fund ;

(d) development and programme fund ;

(e) contingency fund ; and

(f) any other fund which, in the opinion of the University, is deemed

necessary to establish.

(2) The  following shall form part of or be paid into, the general fund,—

(a) non-salary contribution or grant, received from the Government

or Central Government or University Grants Commission ;

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

71

(b) all  incomes  of  the  University  from  any  source  whatsoever,

including income from fees and charges ;

(c) any sums borrowed from the banks or any other agency, with

the permission of the Government ;

(d) sums received from any other source or agency.

(3) The salary  fund shall  consist of all  amounts received  from the
Government,  Central  Government  or  University  Grants  Commission
towards full or part payment of the salary and allowances. No amount
from this fund shall be utilised for the purpose other than payment of
salary and allowances.

(4) All  income  or  moneys  from  trusts,  bequests,  donations,
endowments, subventions and similar grants shall form the trust fund.

(5) (a) The development and programme fund of the University shall
consist of all infrastructure development grants received from the State
Government,  all  contributions  made  by  the  University  Grants
Commission for development and research grants received from other
funding agencies of the Central Government, United Nations and its
affiliates, other international agencies, industries, banks and financial
institutions or persons ;

(b) No amount from this fund shall be appropriated to any other fund

of the University or expended for any other purpose ;

(c) The  development  and  programme  fund  shall  be  utilised  in  the
manner consistent with the object of the programmes for which a suitable
code will be  adopted to include the guidelines of the funding agency on
expenditure and audit, to be granted and approved by the Management
Council.

(6) The University shall have and maintain a contingency fund under
a separate head of the University accounts which shall be used only for
the purposes of meeting any unforeseen expenditure.

(7) Surplus  moneys  at  the  credit  of  these  funds,  which  cannot
immediately or at any early date be applied for the purposes aforesaid
shall, from time to time, be deposited  in the bank as directed by the
Management Council.

Explanation.—For the purposes of this sub-section, the expression

“ bank ” means,—

(i) the State Bank of India constituted under the State Bank of

India Act, 1955 ;

(ii) a subsidiary bank as defined in the State Bank of India (Subsidiary

Banks) Act, 1959 ;

(iii) a corresponding new bank constituted under section 3 of the
Banking Companies (Acquisition and Transfer of Undertakings) Act,
1970 or under section 3 of the Banking Companies   (Acquisition and
Transfer  of  Undertakings) Act, 1980 ;

(iv) any other bank, being a scheduled bank as defined in clause (e)
of section 2 of the Reserve Bank of India Act, 1934 or being such a
bank as may be approved by the Government.

H  4126—10a

23  of
1955.

28  of
1959.

5  of
1970.

40  of
1980.

2  of
1934.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

72

Annual
accounts
and  audit.

Annual
report.

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

85.

(1) The accounts of the University shall be audited at least once
every year and in any case within six months of the close of the financial
year by the auditors appointed by the Management Council from amongst
the firms of chartered accountants whose partners have no interest in
any of the authorities or affairs of the University.

(2) The audited accounts shall be published by the University and a
copy  thereof,  together  with  the  copy  of  the  auditor’s  report,  shall  be
submitted to the Chancellor, Government and, on receipt of such audited
accounts, the   Senate shall consider and pass such resolution thereon
as it thinks fit.

1

[(2A) The Government shall cause the audited annual accounts of
the University, received by it, to be laid before each House of the State
Legislature.]

(3) The Government may conduct the test audit or full audit of the
accounts of the University at regular intervals by the auditors appointed
by the Government.

2

86.

[(1)] The Annual report of the University shall be prepared and
published  by  the  University  and  such  report  as  approved  by  the
Management  Council  shall  be  submitted  to  the  Chancellor,  the
Government and the Senate. The Senate may consider the annual report
in  its  meeting  and  may  make  recommendations  as  it  deems  fit.  The
Management  Council  shall  take  appropriate  action  on  the
recommendations of the Senate and report the action taken to the Senate.

2

[(2) Government  shall  cause  the  annual  report  of  the  University,

received by it, to be laid before each House of the State Legislature.].

CHAPTER XII

MISCELLANEOUS

Authorities
and
Officers
responsible
for  dam-
ages.

87.

(1) It shall be the duty of every authority or body and office 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, Rules or Regulations, except when done in good faith, or
any failure so as to act in conformity thereof, by wilful 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 Statutes.

Membership
of  State
Legislature
and  of
Parliament.

88.

(1) A teacher of a private college shall not be disqualified for
continuing as such teacher merely on the ground that such teacher has
been  elected  or  nominated  as  a  member  of  the  Legislative
Assembly or of the Legislative Council of the State or of Parliament.

1. Sub-section  (2A)  was  inserted  by  Mah.  35  of  2010,  s.  3.
2. Section  86  was  renumbered  as  sub-section  (1)  thereof  and  sub-section  (2)  was

added, ibid,  s.  4.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

73

(2) A teacher elected or nominated as a member of the Legislative
Assembly or the Legislative Council of the State, or of Parliament shall
be entitled to treat the period of such membership of the Legislative
Assembly  or  of  the  Legislative  Council  or  of  Parliament  as  on  leave
without salary and allowances.

(3) A teacher referred to in sub-section (2) shall also be entitled to
count the period of such membership of the Legislative Assembly or of
the Legislative Council or of Parliament for the purposes of pension,
seniority and increments.

89.

If  any  question  arises  regarding  the  interpretation  of  any
provision of this Act or of any Statutes, Ordinances, Regulations or Rules
or whether a person has been duly elected or appointed or nominated or
co-opted as 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 deemed necessary,
decide the question and such decision shall be final :

Provided that, such reference shall be made by the Vice-Chancellor
to the Chancellor upon a requisition signed by not less than twenty-five
members of the Senate.

90. 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, Regulations and Rules.

91. Subject to the provisions of this Act and the Statutes, any officer
or authority of the University may, by order, delegate one’s or its powers,
except the power to make Statutes, Ordinances, Regulations and Rules
to  any  other  officer  or  authority  under  such  Officer’s  or  Authority’s
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.

92. No  act  or  proceeding  of  the  Senate  or  the  Management
Council  or  Academic  Council  or  any  other  authority  or  any  body  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 ;

Questions
regarding
interpreta-
tion  and
disputes
regarding
constitution
of  Univer-
sity  author-
ity  or  body,
etc.

Protection
of  acts  and
orders.

Delegation
of  powers.

Acts  and
proceedings
not  invalid
merely  on
ground  of
defect  in
constitution,
vacancies,
irregularity
in  proce-
dure,  etc.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

74

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

(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.

CHAPTER XIII

TRANSITORY PROVISIONS

Transitory
powers  of
the  first
Vice-
Chancellor.

93.

(1) It  shall  be  the  duty  of  the  first  Vice-Chancellor  to  make
arrangements  for  constituting  the  Management  Council  and  other
authorities  of  the  University  within  six  months  from  the  date  of
commencement of this Act or such longer period not exceeding one year
as the Government may, by notification direct.

(2) The  first  Vice-Chancellor  shall,  in  consultation  with  the
Chancellor, make such Rules as may be necessary for the functioning of
the University.

(3) It shall be the duty of the first Vice-Chancellor to draft such Statutes
as may be immediately necessary and submit them to the Senate for
approval.

(4) Notwithstanding anything contained in this Act and until such
time an authority  is  duly  constituted  under  this  Act, the  fiist Vice-
Chancellor    may  appoint  any  officer  or  constitute  any  committee
temporarily  to exercise  and  perform any  of the  powers  and duties  of
such authority under this Act.

1

[94. Notwthstanding  anything  contained  in  this  Act,  Statutes,
Ordinances, Regulations or Rules, any student who immediately prior
to  the  date  of  commencement  of  this  Act  and  on  the  date  of
commencement  of  the  Maharashtra  University  of  Health  Sciences
(Second  Amendment)  Act,  2010  was  studying  for  a  degree  in  Health
Sciences in any of the Universities specified in the Schedule to this Act,
shall be deemed to be the student of the University.]

Admission
of  students
to  privi-
leges  of
University.

Act  to
prevail
over  other
enact-
ments.

95. This Act and Statutes, Ordinances, Regulations and Rules made
under this Act shall, in respect of any college in the University have
effect notwithstanding anything inconsistent therewith contained in any
other enactment with respect to matters enumerated in List II of the
Seventh Schedule to the Constitution of India.

Removal  of
difficulties.

96.

If any difficulty arises in giving effect to the provisions of this
Act, the Government may, as occasion requires, but not later than two
years from the date of commencement of this Act, by order, do anything,
not inconsistent with the objects and purposes of this Act, which appears
to  it  to  be  necessary  or  expedient  for  the  purpose  of  removing  the
difficulty.

1. Section  94  was  substituted  by  Mah.  35  of  2010,  s.  5.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

1999 : Mah. X]

Maharashtra University of Health Sciences Act, 1998

75

Mah.
Ord.
XI  of
1998.

Bom.
I  of
1904.

97.

(1) The  Maharashtra  University  of  Health  Sciences

(Continuance) Ordinance, 1998, is hereby repealed.

Repeal  of
Mah.  Ord.
XI  of  1998
and  saving.

(2) Notwithstanding such repeal, anything done or any action taken
(including establishment of University) under, or in pursuance of the
said  Ordinance;  shall  continue  to  have  effect  and  section  7  of  the
Bombay General Clauses Act, 1904 shall apply with regard to effect of
the repeal of the said Ordinance.

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

76

Maharashtra University of Health Sciences Act, 1998

[1999 : Mah. X

SCHEDULE

[ See sections 6(3) and 94 ]

Name  of  the  University

(2)

Mumbai University, Mumbai.

Pune University, Pune.

Shivaji University, Kolhapur.

Dr.  Babasaheb  Ambedkar  Marathwada  University,
Aurangabad.

Swami Ramanand Tirth Marathwada University, Nanded.

Smt.  Nathibai  Damodar  Thakersey  Women’s  University,
Mumbai.
1

[ Sant Gadge Baba Amravati University ], Amravati.

2

[ Rashtra  Sant  Tukadoji  Maharaj,  Nagpur  University ],
Nagpur.

North Maharashtra University, Jalgaon.

Serial
Number
(1)

1

2

3

4

5

6

7

8

9

1. These  word  were  substituted  for  the  words  “ Amravati  Univsersity ”  by  Mah.

21  of  2005,  s.3.

2. These  words  were  substituted  for  the  words  “ Nagpur  University ”,

ibid., s.  3.

GOVERNMENT CENTRAL PRESS, MUMBAI

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

102

Maharashtra Stamp Act

[1958 : Bom. LX

Maharashtra Government Publication
can be obtained from—

THE  DIRECTOR
GOVERNMENT PRINTING, STATIONERY AND PUBLICATION
MAHARASHTRA  STATE
Netaji Subhash Road,
MUMBAI 400 004.
Phone : 022 - 23632693, 23630695,
23631148, 23634049

THE MANAGER
GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Area, Near G.P.O.,
PUNE 411 001.
Phone : 020 - 26125808, 26124759

THE MANAGER
GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR 440 001.
Phone : 0712 - 2562615

THE ASSTT. DIRECTOR
GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha Ganj, Near Gandhi Chowk,
AURANGABAD 431 001.
Phone : 0240 - 2331468, 2331525

THE MANAGER
GOVERNMENT PRESS AND STATIONERY STORE
Tarabai Park,
KOLHAPUR 416 003.
Phone : 0231-2650395, 2650402

AND THE RECOGNISED BOOKSELLERS

PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

