Chhattisgarh act 010 of 2001 : The Maharshi University of Management and Technology Adhiniyam, 2002

L( ^(.-.·:, -., ;""' ' » r t il"\ . · l¹

· . · J ' ( · • - • ••• • • •, - - 11 •11

1 11 011111 tn ,._, :11,1t1c. ,li,d :h,· U1!:

The Rcgistrnr. The Finance Officer. Other Offic- ers.

Authorities of the University. The Executive

Council.

12.

13.

(4)

(5)

.,. . if the opinion that any decisi1~ The Vice-Chancellor. 11 · is c f I · , "l\-. . . • . b .• ),0 nd the powers o aut 1ortt) confern.·c1 b. authoritv of the Un1vers1ty is L: 0 ·d· . I ~

. . . f I . A t the statutes or the ' mnnces. o1 t lat a11v the prov1s10n, o t¹¹⁵c · U · · k · . . · · · ti· e Internet of the mvl!rsity. may as· the dec1s1on taken 1s not Ill 1 . . - ^r: ,l •

. d ,·nw its decision w1th1n l11tec11 \1ays^of Sltd1 authontY concrrnc 10 re, 11.: • , • • • • k , · . · . . . ,1 1, or in L)art 0 ,. no aec,s1011 ,~ ta 1:11 1n ll decision ;111rl if e11her 111 '' 10 L: • • .. • , . - • • - . ct t. ,- ,·teen aay.; the m

aHer snau m: 1ercrr eu to u11;:

w1t11111 the said p e n o o 1 _ • • - ·

1 Chancellor whose decision thereon shal l be fina · · I ther powers and perform such The Voice-Chancellor shall e:--:erc1sc sue 1 o .

. 1 1 I St t nes or the Ordmances. other duties as may be prescnbec J)' t 1e a l

. b · t d in such manner and shall One or more Pro-Vo1cc-Chancellors may e appom e

• . 1 d · be prescribed by the Statutes. exercise such powers and pcrfonn sue 1 ut1cs as may Dean or a Faculty shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.

14. (I) The Registrat shall be appointed in such manner as may be prescribed by the Statutes.

(2) The Registrar shall have the power to enter into agreement, sign docu- ments and authenticate records on behalf of the University and shall exercise such powers and perform such duties as may be prescribed by the Statutes.

15. The Finance Office shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.

16. The Manner of appointment and powers and duties of the other officers of the University shall be prescribed by the Statutes.

17.

18.

The following shall be authoiities of the University, namely :-

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(I)

the Executive Council; the Academic Council; the Planning Board; the Board of Studies; the Finance Committee; and such other authorities as may be declared by the Statutes to be the authorities of the University.

The Executive Cow1cil shall be the principal executive body of the University and shall consists of :-

(i) Vice-Chancellor;

(ii) Pro-Vice-Chancellor:

(iii) One Dean of Faculty of studies to be appointed by the Vice- Chancellor by rotation according to seniority;

(iv) One Head of Department of the University, who is not a Dean, to be nomitatcd by the Vice-Chancellor by rotation according to seniority;

(v) One Professor, who is not a Dean or Head, to be appointed by the Vice-Chancellor by rotation according to seniority;

20

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·11~/~4RJ

(,·i) One Rc·, ll ••

· ,vii · I' 1

.

19.

(vii) (ix)

•· · ' · - o 1s not a ,t. :a\ . to be :ipJ101111cd hv the Vice-

Chancellor by rotatio n accordint! to senior ity; .

One Lecturer t b

· d ,

. • o c appo111te J)' the Vice-Chance llor hy rotation accord111g to seniority ;

Principal Sccrc:tary/Se crcw1') incharge of H igher Edrn:ation De- nanmtnt or his 1:omin ec 1101 bcl,lll lh.: r:111!; -,f D.:-11utv Secretary: . . . Four persons or distin cti<,n from tile 1icids , ,;· ;,.,:,::;:;·:':!:-

':'!' 1 ·,11n- mercc or Legal. Em.!. ineerinQ or l'vlcdical Pr ofession 0r in Vedic Education ai;d from~ s uch 0~1er lields of pu blic tile to be nomi- nated by the Chancel lor:

(x) Four person s nominated by the Sp onsoring Oody the M aharishi

Shiksh:i Sansth:in.

(2) All members of the Executive Cou ncil. other than cx-olli cio members shall hold office for a perio d of three ycnrs from the date of their nomi nation or

appointment as such.

(3) Seven memb er of the Executive Co uncil shall form quoru m for the meeting of the Council.

(1)

(2)

The Executive Counc il shall hnvc the powe r of management and adminis-

tration of the revenue and propeny of the Un iversity and the condu ct of all

administrative nffairs of the University not LHhcrwisc provided fo r.

Subject to the proYisio ns of this Act, the Sta tute., and the Ordin:in ces, the

Executive Council sha ll in addition to all oth er powers vested in it, have the

following powers. nam ely :-

(i) to create teachin g and academic posts, to determine the numb er and

emoluments of such p osts and to define the d uties and conditions o f

sen·ice of Professors. Readers, Lecturers a nd other academic st aff

and Principals of Colle ges and Institutions ma intained by the Univer -

sity:

Provided that no actio n shall be taken by th e Executive Council in

respect of the number. qualifications and the emoluments of teache rs

and academic staff ot herwise than those m ade after due conside r-

ation of the recomme ndations of the Acade mic Council;

(ii) to appoint such Professors, Readers, Lecturers and other a cademic

staff as may be necess ary and Principals of c olleges and institution s

maintained by the Un iversity on the recomm endation the selection committee constituted for purposes and to i ill up temporary vaca n-

cies therein;

(iii) to create admin istrative, ministerial an d other necessary post s and to

make app~intments th ereto in the manner p rescribed by the Ord i-

nances;

(iv) to grant leave o f absence to any office r of the University oth er than

the Chancellor and t he Vice-Chancellor a nd to make necessa ry

arrangement for the di scharge of the function s of such officer durin g

his absence;

(v) to regulate and enforce discipline am ong employees in acc ordance

with the Statutes and the Ordinances:

(vi) to manage and regulate the finances, accounts investments property,

business and all other administrative affairs o f the University and fo r

that purpose to appoin t such agents as it ma y think fit;

(vii) to fix limits o n the total recurring and the total non-r ecurring

expenditure for a ye ar on the recommen dations of the Finan ce

Committee:

Powers and

functions of

the Exerutivc

Council.

21

The Aradcmic C!'nnci!. Tile Planriin!! lloanl. -

.?.O.

21.

(vi ii )

IX )

(xi) (xii l (xiii )

. c·v h,: lnn!!ill!.!. to the Uni \'l::rsity. includin1, . tl' IJl\'eSI :Ill) IIH'll . · - - . . "' ,11 ,

. . . . · ·uch swcb. fund s. share~ Pr sccm111..:s Ii ,1; lll1'1]V l l11:d 1111;011H: Ill S ,. . 1, ' ' . . . think lit l ll. in th1.: puq,1,sL' u 1 llllll1\.1\ ·,1h\ t;llll' 10 111ni.: . al JI nu:, . .

22

17

~; 13 ;~~~~:nn;;· ~- ~fb.~,-~,r~-1;~,~~:r~-~~-·~· ~2t~10;2 __ _ , rr .-: po\\Crs a

nd funct ion, c;I II^a.

. ----

5.

. la LC p11.:sc1 rbell h, rk^St.1t11ii::s:

Pro, idcd tha: Plrnu1i1•,, f3 · I ·I

t ' a 1 · . '::-

0 •11

< :, lall have th:: n:presc n•ation of^non-

~, C 1111g Sl,t( i" :ii 0

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Th·~ _·,;11st ilt1lit'l1'i Po,· , . 1- .

.

b ..^1. .. S · · · - "' 1S tmr:11011~ c,r ihl: hna,1,:..:

⁽ ,,;1111 ,ilit:^{t' .}:wll^be i"'c~-c 11h,;,_I

' t,1e t.ll~lt~S.

Tht: Con!.li~:Jtious )J[)l^\'C - ^,j r .

. . I .I I

, · ' rs

;in.., 1un~11on-.: ol ,1thcr^,1t1 1h J 11l1c,. a~: nwv Jl' uc c ;ire^1_\

th~ Statures to be tli

I · · 1. I

. . . .

·^{t J} I , · e :Hit 1on t1c s 0 11.: I¹111 ,i: rsn,· :;hal l he^p1esu11er n t.ic

~t:nu1c:s.

·

Subjects to^lht: pro\·ision s of this Adhini) am.^thl· Statuh:s^t1W\' provide for a ll or an~•

o f the folil ,· ·ing m:.iters. !1an1cly :-

·

(a) The c,,nstitution. p om:r:. and functions or t he :1 uthoritics and othc1 \;0dics of

ilre lJnin~r~it} . as ma)^h l' consti tuted from ti ll ll' !O time:

(b) the clt'c tion and c0 n1 i11ua11cc in o nicc of th e members l'f the s;:id a u,hori ties

and Bodies including th e till ing up of \'acnncic s or members and a ll o ther

malier~ rcbting to those :wthorit ies nm! l)l,dies:

( c) the appf)i r.tmcnt, p O\\ Crs and dutil'S of the o fficers of the Uni\'ersity and their

en10lvmcnts:

·

(d ) the :ippointment o f teachers. academic sta ff :rnd other employees of th::

U,1i\·ersit; . their emolum ents and other eonditi011 s of service incl uding di sci-

plinary matters:

(e)

(I)

(g) (h) ( i) (j) (k)

(I)

(m) (n) (o) (p) (q) the l:0lding of convocati on to confer degrees:

the appointment of teach ers. academic staff work ing in any other Univers ity

or O[~anisation for speci fic period for under-taki ng a joint project; tile procedure for arbitr ation in cases of di :,pu te between employees or

students and the Univers ity;

the procedure for appeal to the Execuri\'C Council by any ernplyees or stude nts

again:-t the action of any officer or authority o f t h:: University:

the (.Onferment of auton omous status on a Coll ege or an Institutions 1. ~r a

Dcp,irtment:

the t>'.'tablishment and a bolition of Faculties. D epartments. Centres. Ha lls.

Colleges and Institutions

:

the confcm1ent of honora ry degrees:

the insti tution of fellows hip. scholarships. stipend s. medals and prizes:

the " ·ithdrawal of degree s, diploma. certificates a nd other ncademic distin c-

tions:

the creation. compostion and functions of any olhe r body. which ·is considei :ed

n,:cc<.~ary for improving the academic life of the UniYersity:

the delegation of powers vested in the authorities o r ollicers of the Universi ty:

the maintenance of the d iscipline among the emp loyees and students; all other matters required by this Act to be prMi dcd for by the Statutes:

,~,.. • Sil

Far11 llir ~/TIJ1

Bo,1 rd s o f

:.:u

r·1rt1•,""n/..,.

·:}•· !¹

Jr."'IJ!'-'^•

<'vu•nurac.

23

Powers to mnk<- Onli-

1'1 \ ,-.

(3)

. . . : . · . , Cou 11cil shall 111) \ make or amend lli 1 1.: Pn.n Ilk\\ 1hal 1hc l·.X<:l\111\ l . . . r . , . 1'•1<•,,, • . 1 • . 1,11 us l'tl\\'cr or consl1tu11011 o .in~ ,1u1hllril\ ·,11, st·11111e •1tkct111!.! t ll s' · · • · '•I • • • , . •.• :-1 . ·l1 ·1\lth,,ritv has been g1\'en an nppmtu11i1y I the U111vcrs1tv 111111 sue ' · , . , . . . 1 • • . _ u . . . . . :tin•· nn tht· 11n1pnsed ch,111g<:s .me ,Ill) up1111"1, '' '.\ \)l'l ' ~Ill'' 'Ill ''\'llllflll Ill\\ 11 ;:: . C ·1 -· - c' ··cl, . ·cl bv the E:--cc\lllVe mmc, : so cxpn:ssccl shall ht· cons, cl L ·

I

• ,, , , 1· ,., .,,,•·11 "r ,, ';tf1 t1Jl f\ sh·dl rr-~ 11 irt1 lh . 1-:- ,,,..,,., '-.:t ,11111,, ,"\ t' •1n v ., ,,H•qt n1

1 ! , • • · · - · -·, - ~--- ·-- · · ..... II ... · ·., .1,. -1--:scl!l thcn:1,1 or withhold assent or 1t·111i1 :\ssent m 1he \. h:111l' L' 01 " 111 Ill,. • · · . . . • C .· , 1· 1· rccons1dcra11on: the same to the 1:xecul 1vc l11111LI u ·

. . 1 • I . 1·ll' ' "oing sub-sections the Chan-N\11\\ ith~tamlim! anv1h11u.1. cont:11111·\ 111 I l e c l'e, • _ • • - · · - . • r eel the l· xccut1vc council to cc\lor in i.:xccptinnal c1rct1111s1:111CL'S. Ill,\~ < ir ~- . . . . . . . . 1· l)' 111,1tt<:r s11cc1 lied hy h11n and m:\ke pro, 1s1ons 111 \he Statulcs 111 rL·specl o al 1 • • • if the Executive ( 'mmcil is unable to implement such direction w' th111 0!teen days \)r its receipt. the Chann:llor 111:iy, after considering the reasons_- tf any, · , · c· ·1 1- . · . · b'li'ty to comply with such comnn111H::11cd by the 1·.xerntl\'C uunct 01 tis 11,a t

27. (I) All Ordinances shall be mad..: by the Vice-Chancellor with the previous nnnc~. approval of the Executive Council.

(2) Subject to the provisions l,f 1hi:; .1\ct and the Statutes, the Ordinances may provide for all or any uf th·~ li11i1J\\'i11g rnallcr, namely :-

(a) the admission of students 10 lhL· Unin :rsity and their enrolment as such:

(b) the courses of study to be bid down for all degrees, diplomas and ecrti!icate of the Uni\'ersit~ :

(c) the medium of instructinn and examinations;

(d) the award of degrees. diploma~. certi!icates and other academic distinc-tions. the qualifications for thc :;;unc and the means to be taken relating to the granting and obtaining or the same;

(e) the tees to be charged tor cour~es of study in the University and for admission to the examination degrees and diplomas of the University;

(t) the conditions for .nv:\nl of li.-1\owships, scholarships, stipends, medals and prizes;

(g) the conduct of examinations irn:lucling the term of office and manner of appointment and the duties llf examining bodies. examiners and mod-erators;

(h) the conditions of residence ul' 1hc students of University:

(i) the special arrnngements. ir a:1y, which may be made for the residence, discipline and teaching or women students and the prescribing of special courses of studies ror them:

(i) the appointments and enwluillcnts of employees other than those for whom provisions has been mad.: in the statutets;

(k) the establislunent ofFacuhics. Departments, Colleges. Board of Studies Special <;entres. Specialised Laboratories and other Committees; {I) the manner of co-opcra1io11 ;111d collaboration with other Universities and authorities including learned bodies or associations;

(m) the creation, composition and functions of a11y other body, which is considered necessary for impr,,,·ing the academic life of the University;

(n) such other terms and condiliL)llS of service of teachers and other academic staff as are llLlt pr.:scribed by the Statutes;

24

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I

I

f I i I t ! l !

I

I

f f f $

I

j

I

j

I

====="'J:"=== ~ ~cr:r. fc:;:1i<1i 1x 'J1(1c;i·, 2002

(o) tl_te management of Colleges and Institutions cstahlishcd by the Univcr stty;

(p) the setting up of a ·machinery for reclrcss:il of grievances of employees; and

(q) all other matters which by this Act or the Statult:S arc required to he µrovideJ fo1 by lh\! OrJi11a11u:s.

186 ( 52)

28. The authorities of the University may in the manner prescribed by the Statutes, Regulnlions, make regulations, consistent with this Act, the Statutes and the Ordinances for the conduct of their own business and that of the Co111mittccs, if any, appointed by

29.

30.

31.

. 32.

them and not provided for by this Act, the Statutes or tl1e Ordinances.

(1) TI1e annual report of the University including the unnual accounts and balance sheet duly audited by a chartered account:mt shall be prepared for each year under the direction of the Executive Council, which shall include, among other matters, the steps taken by the University towards the fulfillment of its objects;

(2) TI1e annual report so prepared shall be submitted to the Chancellor on or

(3) .

(1)

(2)

(3)

(4)

(1)

(2)

before the thirty-first of December of each year; A copy of the annual report prepared under sub-section (I) shall also be submitted to the Ministry of Education. Government of Chhattisgarh on or before the thirty first of December of each year.

Every employee of the University shall be appointed under a written contract, which shall be lodged with a University and a copy of which shall be furnished to the employee coneemed;

Any dispute arising out of the contrnet between the University and any employee shall, at the request of the employee, be referred to a Tribunal of _ ·.rbitration consisting of one member appointed by the Executive Council one member nominated by the employee concerned and an umpire appointed by the Chancellor;

TI1e decision of the Tribunal in such matter shall be final; The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes.

Any student or candidate for an examination whose name has been removed from the rolls of the University by the orch.:rs or resolution of the Vice- Chancellor, Discipline Committee or Examination Conunittee, as the case may be, and who has been debarred from nppearing al the examinations of the University for more than one year, nrny within ten days of the date recipt of such orders or copy of such resolution by him, appeal 10 the Executive Council and the Executive Council may confirm. modify or reverse the decision of the Vice-Chancellor or the Committee ns the casc may be.

Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student. be referred to a Tribunal of Arbitration and the provisions of sub-section (2), (3) and (4) of Section 30 shall for as may, apply to reference made under this sub-section. Every employee or student of the University or. of n college oflnstitution maintained ·by the University shall,.notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statute, to the Executive Council, against the decision of any officer or authority of the University or of the Principal of any college or institution, as the case may be, and thereupon the Executive Council may confirm, modify or reverse the decision appealed against.

Annual Re-

port. Conditions of

service of em- ployees.

Procedure of appeal and ar- bitration in

disciplinary cases against students.

Right to appeal.

25

Providenl :ind Pension

funds.

Disputes :is to constituliou of U1fr;cr:ity ::1:-

1borities :111d bodies.

Coustitution of Committee. Filling of

C:isual

Vacancies.

Proceeding of Um•crsity au- thorities or bodies not in- validated by vacancies.

Protection of

actfon taken io good faith. Transitional provisions.

\

• ()()1 ~ ct ~ lff. ft8rci, 18 31~ . 2 •

33. The University shall constitllte for the benclit of its emp_loyees such pr~vi_dcnt \)t pension flmd and provide such insurance schemes as it_ may deem lit II\ SUth manner and subject to such conditions as may be prcscnbed by the Statutes.

34. lf any question arises as the whether any person has been duly elected or appointed as. or is entitk tl 10 he a member of any atllhority or other body or the • • . • . ~• , , 1 t , ' ' , I , • ~ ,. Umvers1ty. the malt er shall t)C I eterrecl to me urnncc11or 1 111v:.~ ut:~i:,ivJJ '""' "''"

shall be final.

35. Where any authority of the University is given power by this Act or the Statutes to appoint committees such committees shall, save as otherwise provided consist of the members of the authority concerned and of such other person, if any, as the Authority in each case may think lit.

36. All casual vacancies among the member (other than ex-officio members) of any authority or other body of the University shall be filled, as soon as may be, by the person or body who appointed, elected or co-opted the members whose place has become vacant and the person so appointed. elected or co-opted to the casual vacancy shall be a member of such authority or body for the residue of the term of the person whose place he fills.

37. No act or proceeding of ,iny Authority or other body of the University shall be invalid merely by reason of the existence of a vacancy among its members.

38. No suit or other legal proceeding shall lie against any officer or other employee of the University for anything which is done in good faith or intended to be done in pursuance of the provisions of this Act, the Statutes or the Ordinances.

39. No~ithstanding anything contained in this Act and the Statuted :-

(i) the first Vice-Chancellor shall be appointed by the Chancellor and the said officer shall hold office for a term of five years;

(ii) the first Registrar and the first Finance Officer shall be appointed by the Chancellor and each of the said officers shall hold office for a term of three years;

(iii) the first Executive Council shall be nominated by the Chancellor for a tenn of three years;

(iv) the first Academic Council and the first Planning Board shall be nominated by the Chancellor for a term of three years;

Provided that if any vacancy occurs in the above offices or Authorities, the name shall be filled by applintment or nomination, as the case may be, by the Chancellor and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held that office, if such vacancy had not occurred. Statutes, Or-

dinances :md

Regulation to

be publisheu

:md circulated

. to all authori- ties and offic- er~ of Uuiver-

40. (1)

(2)

(3)

'Every Statute, Ordinance or Regulation made under this Act shall be published in the Gazette.

Every Statute, Ordinance or Regulation made under this Act shall be put, as soon as may be after it is made to the table of the Assembly . The power to make Stal1ltes, Ordinances or Regulations shall include the po\ver to give retrospective effect from a date not earlier than the date of

26

27