(1) This Act may be called the Maharashtra University of Health Sciences Act, 1998.
In this Act, unless the context otherwise requires,-
(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.
The University shall have the following powers and duties, namely :-
(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.
(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 :
(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.
(1) Without prior approval of the Government, University shall not,-
(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.
(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.
The following shall be other officers of the University, namely :-
(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 conferring degrees and also at any meeting of the senate. The powers and duties of the Vice-Chancellor shall be as provided in section 16.
1[(1) The Vice-Chancellor shall be appointed by the Chancellor in the manner stated hereunder :-
(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 :
(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.
(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.
(1) The Registrar shall be appointed by the Vice-Chancellor on the recommendation of a selection committee constituted for the purpose.
(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 ;
All salaried officers, members of the authorities, 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 (XLV of 1860).
The following shall be the authorities of the University, namely :-
1[22A. Power of Government to specify eligibility conditions for being member of any authority of University.- 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.]
(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.
(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.
(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.
(1) The Management Council shall consist of the following members, namely :-
The Management Council shall exercise the following powers and perform the following duties, namely :-
(1) The Academic Council shall be responsible for laying down the academic 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.
(1) The Academic Council shall be the principal academic authority of the University and shall be responsible for regulating and maintaining the standards of teaching, research and examinations in the University.
(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.
(1) The Board of Examinations shall ensure proper organisation of examinations and tests of the University, including moderation, tabulation and the declaration of results.
(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.
The faculty shall have the following powers and duties, namely :-
The Board shall,-
(1) There shall be a Board of Studies for every subject or group of subjects as prescribed by the Statutes.
The Board of Studies shall have the following powers and duties, namely :-
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.
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.
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.
A person shall be disqualified for being a member of any of the authorities of University, if such person-
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.
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.
(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.
(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.
(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.
(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.
(1) The Statute may be made, amended or repealed by the Senate in the manner hereinafter provided.
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 :-
(1) The Management Council may make, amend or repeal Ordinances in the manner hereinafter provided.
(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.
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 :
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.
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 :
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.
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.
(1) Library Committee.- (a) There shall be a library committee for administering, organising and maintaining the libraries and library services of the University. It shall consist of the following members, namely :-
(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.
(1) (a) There shall be a selection committee for making recommendations of suitable candidates for appointment to the posts of,-
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.
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,-
(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.
(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.
(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 :-
(1) There shall be a separate local managing committee for every affiliated college or institution, consisting of the following members :-
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.
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.
The affiliated college or recognised institution with at least six years standing as an affiliated college or recognised institution may apply for permanent affiliation 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.
(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.
(1) Every affiliated college and recognised institution shall furnish such reports, returns and other particulars as the University may require for enabling it to judge the academic standards and standards of academic administration of the college or recognised institution.
(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 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.
(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.
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.
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.
(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.
(1) The Management Council may institute and confer such degrees, diplomas, certificates and other academic distinctions as may be recommended by the Academic Council.
(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 recommendation 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 :
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.
(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 :-
(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.
(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.
(1) The University shall establish the following funds, namely :-
(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.
1[(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.
(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.
(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.
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 :
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.
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-
(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.
1[94. Admission of students to privileges of University.- Notwithstanding 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.]
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.
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.
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.