- THE HARYANA PRIVATE - UNIVERSITIES : TAMENDMENTI BILL, 2tJ12 :
HARYANA GOVT. OAZ. (EXIRA.), MAY 10, 2012 t09 K. 20, 1934 SAKA)
PART I HARYANA COVERNMENT LAW AND LEGISLATTVE DEPARTMENT Notificelion The loth February, 2012 No. Leg. l8/20f2.- The followint Act of the Legislatu€ of the State of Haryana received the assent of the frvernor of llaryana on the l6th April, 2012, dnd is hereby published for general information:- HARYANA ACT No. 16 OF 2012 TIIE HARYANA PRIVATE TJNIVERSITIgS - (AMENDMENT)BILL,2OI2 AN Ast further to amend the Harydna Private Universities Act, 2A05.
Be it enacted by thc Legislature of the State of Haryana in the Sixty-third Y€ar of the Republic of India as follows :-
1. This Act may be called the lfuryaura Private Universities (Amendment) Act ,2012.
2. In segtion 2 of the Huryana Private Uniyersities Acr, 2006 (hereinafbr feferred to as principal Act),-
(i) after clause (a). the following clauses shall b€ inserted. namely:* "(aa) 'Bar Council of India' means the Bar Council of India constituted undor the Advocatcs Act. t96l (Centml Act 25 of 1961).
(ab) 'campus'means that areifof:the university,ir which it is esrablished:";
(ii) clsuses (d) and (e) shall be omitted;
(iii) for clause (f). the following clauses shall be substituted, namely ;- "(f) '€mployee' means a p€rson appointed by the university and includes a teacher, ol'fider fid any other stalf of the university;
(fa) 'existing private university' means a university which has been established under the Haryara Private Universities Short tid€.
section 2 of Haryan! Act 32 of
2006.
l l 0 HARYANA GOVT. GAZ. (EXTRA.), MAY IO, 2012 (vYsK. 20, te34 q Act, 2006 (32 oi 2006) before the notification of the Haryana Priv&tc Universiti€s (Amerdment) Act' 2012;
(fb) 'faculty' means a group of acadomic departments of similat disciDlines:"i
(iv) fbr clause C). tha fouowing clause shall be substituled.
numeLy:- "(, 'hostel' means a place of residence of the strdents of the universitY;":
(vl after clause (k.1. the following clluse shall be inserted.
namely : - "(kt) 'Indiun Nursing Council ' means an autonomous body constituted undet seciion 3 oi the Indian Nursing Council Acl, 1947 (48 of 1947):":
1vi) for clausss (m) and (n), the ibltowing clauses shall be substituted. namelY:- "(m) 'Nadonal Assessment and Accreditation Council' means National Assessment and Accrqlitation Council' Sangalore, an autonomous institution of the University Grants Commission:
(ma) 'National Board of Aocreditation' means NNtional Board of Accreditation, New Delhi' an autonomous body of All Indiu Council for Technical Fducation:
{n) 'National Council for Teacher Education' means the Natiooal council lbr Teacher Education, Delhii';
(vii) clauses (o) and (p) shall be qmined;
(viii) for clause (q), the following cliruse shall be substinlted, namely:- "(q) 'Phurmacy Council of India' means Pharmacy Council of India, Delhi;"1
(ix) for clause (s). the tbllowing clause shall be substiluted.
namelY:- "(s) 'tegulatng body' means a body cstablished by the Government of India for laying down norms and . colditions for ensuring scademic standards of higher ' education, such as Univorsity G,ants Commission, All India Couniil for Technical &Iucation' National Council for Teacher Educadon, Medical Council of India' Bar Council of India, Pharmacy Council of India' National Assessment and Acdeditation Cormcil, Indian Council of Agriculture Research, National goard of Accreditatio& IndiaB Nursing Council, Co|rncil of Scientific and Industrial Res€srch ctc. and includes the Governmc[t or any such body constituted by Cov€rrment of India or the Government;"i :- - HARYANA GOV!. CAZ. (EXTRA.). MAy 10, 2ol2 t\ /vvq? ?0, t934 SAKA) - (x) for clause (t), the following clause shall be substitureo, namely:_ "(0 'Rules' means the rul€s mtde by the Go\,€rnment under .- rhis Actf':
{xi) clause (y) shall be omittedt and'' 1xiil for clause (z), the lbllowing clause shall be substitured.
namely:_ "(z) 'te8cher' means a Professor, Associate profsssor. Assistanr Prcfessor or any other person required to impart . education or guide re$ear0h or rerder guidnnce jn anr othel. form to the students for pursuing a course or programme of study of the university;".
. In secri(u 3 ol the principal Act - ' (i) for clause (6), the following clause shull be substituted_ \, namely:_ .
'16) to establish a campus:":- (ii) clause (Z) shall be omittedi ' (iit for clause {9). the tbllowing clause shall be substitured, namely : - '19) to maintain fie acadcmic standard of dogree,s, diplomas, certificatos and other icademic distinctions as per bye-laws and to ensure that the samg are not lower than those laid down by the regulating body;";
and clauses (10), (l-t) and (12) shatt bc omitted.
In secdon 4 ofthe pdncipal Act,-
(iv) section 3 of Haryana Ac!
32 ot 2(M.
Hiryana Ac! 32 of
2006.
(i) (ru in sub-secrion (l). for sign (.) existing at lhe end, the sign (:)
shall be substituted:
after lub-section (l). the following proliso shsll be added, namely :
"Provided thlt th€ universiry excludirg existing private university shall offer minimum three faculti€s at its comniencement and shall provide inEtructions upto tho level of Ph,D. in a period of three yea$ in any of the three faculties in which it is impaning degre€ i.e. Humanities, Languages, Medicines, Commerce, Science, Enginearing, Information Techrology, Law, Ag culture and Allied Sciences, Management (Business, Ilotel, Hospitatity, Tourism etc.), Bio-Tech, Media and MaSs Communication etc. with due permission from the relevaot regulatidg bodies:
1t2 IIARYANA CO1,"T. GAZ, (EXTRA.), MAY IO, 2OI2 20, 1934 SAKA)
Provided further that if a sponsoring body intends to set up He<h ald Mcdical Scionces University, it shall noi be mandatory to offer midmum thre€ faculties."i
(iii) in sub-section (2), clause (r) shall be omitted;
(iv) in clause (a) of sub-section (4)' the fotlowing sign and words shall be added at the end' namelY:- manne. of genention of funds t0 be raised by the proposed university beforc its operations. Thc sponsoring body shall give the dctailed information ir this regard as per the format givcn in thc bye-laws framed under this Act at the time of application;"and
(v) in sub-section (6), for the words "one month" occurring twice, the words'bix montls" shall bc substitutEd.
5, In sub-se.tion (l) ofseition 5 ofthe principll Act'-
(i) for clause (vi), the folloving clauses shall b€ substituted.
namelY:- "(vi) give undettaking ao appoint at least one Professo., two Associate Professors and adequate numbcr of Assistant Professors alongwith necesssry sqppoding staff in e3ch departmelt or discipline to be started by the universitY;
(vi-.) maintain objectivity, faimess and transParency in the recruitment of teachers of the Foposed univcrsity with qualification not le.5s than those pfescribed by the University Crallts Commission or othet regulating bodics;";
(ii) in clause (ix), for the sign "." existing at the €nd, the 6ign ";"
shall be substituted; and
(iii) 8f!€r clsu59 (ix), the following clause shall be added' tlamely:- "(x) ptovide its commitment to Prevent all types of ragging io the campus in accordance with the tegulatioN prescribed by the Univcrsily Gralts Commissiorl' Government norms and statutory provisions in this regatd, if any."'
6. For section l0 of lhe principal Act, the following section sh{ll be substituted. namely:- "(10) Bar to sfiillation al|d opening oft shore camplrs etc.- (l) The university shall not admil any collego o. institution to the privilcge of afiililtion.
\- se.tion 5 of Harysna Acr \- l2 of 2006.
! Ameodnrc of s€clion IO of ! Htry3n. Act 32 ol2006.
(2) It shall not open any ot? campus, off shore campus, study cenae and examination csntre in ot out of the State of Haryana ard shall not offer any programme through disrance educarion moJe.",
7. For sub-sections (l) and (2) of settion 11 of the principal Act. the f<rllowing sub-sections shall be subsrituted, namely :- '(t) The sponsoring body shall establish an endowment fund for the university with a minimum amount of five crores rupees which shall be pledged in the form of Fixed Deposit Receipt in original in favour of the Higher Education Commissionor, Haryana" Panchkula.
Note i The provisions of sub-secrion (l) sha[ not be applicable to the existing privare university.
(2) The endowment fund shall be used as a securiry deposit to ensurc thar the university complies wirh the provisions of this Act, Statutes, Ordinances, Rules aad Byelaws. Tho Governmcnt shall have the power to forfeit the whole or part of fund in case the university or the sponsoring body contravenes any of ths provisions of this Act, Statutes, Ordinances, Bye-laws or Rules or use it for me€ting the expenditure for academic and administrative purposss in casc ofdissolution in accordance with bye-laws .".
8, In section 14 of the principal Aer. after clause (4). the following clause shrLl l be jnselted. nlmely:- '14A.) the Contrcller of Examinarionsa'.
9. For sub-section ( l) of secdon 17 of the principal Act, the foliowing subsection shall be subsrituted. namelvr- TIARYANA GOVT. GAZ. (EXTRA.), MAY IO. 2012 r 13 (vYsK. 20, 1934 "(I) The Vics-Chancellor. shall ..,bp_. appninted by the Chancellor as pel the qualifications prescribed by the Univenity C'rants Commission, subje.t to the provisions contained in sub-section
(7) and shall hold office for a term of threo years:
Prcivided tbat af8er expiry of the term of threa years, the Vice- Chancellor shall be eligible for re-appoiotment for anotber term of three years:
Provided further that a Vice-Chancellor shall continue to hold th€ ofEce evsn after the expiry of his term till new Vice-Chancellor joins. However, in any case the period shall not exceed one year.".
Amrlldment of s€.tiol I I of Haryua Acr 32 of 2006.
Amebdment of section 14 o{ Haryana Acr 32 6f 2OM.
Amendmen! of section l7 of Haryana Act 32of 2W, l t 4 HARYANA GOVT. GAZ. (EXTRA.)' MAYI0,2012 (vYsK. 20- le34 54441_ ! Am€ndmenlof sccdon lSof v Haryana Act 32 of 2$6 " lnserdo! of . s.ctioo I8A itr - Hary0a Arl 32of 2ffi.
*k*:ie*.-*.. - ! Amcndm€tlt of secdor 30 of *ng. -ti*rt dii*'!.:
32 of 2006 .
'(l) The sppoinmelt of the Registrat sllall be made by the Chairperson of the sponsoring body in .such t"l:tt'
11.Iil-:'
specified by the Statutes The Registrar shall Possess the quanlrcallons e'rescrileO ty U. University Grants Commission "' 11, After secdon 18 of the principal Act' the following section shall be inserted, namely:- t'18A. Appoiltm€nt and functions of the Controller of B"urni"urioit.- ill Thc Controller of Examination shall be whole ir"r"'""r"iJ "m"[ of thc riiriversity and shall be appointed by the Chancellor in accordance widl the Stahltes' ' Q) lt shall be the duty of the Controller of Examinations'- (0 to condubt examinations in a disciplined and gfficient maolle4 (iD to arang€ fot the setting of papers with strict regard to secrecy;
(iii) to arrange for the ovlluation of answer-she€ts in accordance with the Planncd time schedule for lesults;
(iv) to constantly review thc syst€m of. gxaminations in , otde. to enhancc the level of impartiality and objectivity with a view to make it better instrument foi assessing tie attainments of stud9nts;
(v) to deal with any other- matter . connected with exami.ations which may, flom time to time' be assigned to him by thc Vice-Chancellor"'' ' ' " of the principal Act' the follou ing sub' f0. F()r sub-section ( I ) oI secuon 16.
section sliall be substituted' hamclyl-
(b) of sub-seaion (l)' the following clause shall ,1b) the rerms and conditions of aPPointment of the Chancellor and thc Vice-Chancellor and their powers and functions;";
for sub-sertions (2) and (3), the following sub-lections shall bc substituted, namdY:- "(2) The Governing Body shall prepare Firsl Statute of the university and submit rhc same to the Government io. is apptouat within a Period of onc month after incorooration of the university in the Schedule of theAct' (i0 12, tn section 30 of the Principal Act'- HARYANA, GOVT. GAZ. (EXTRA,), MAY r0, 2012 . (vYsK.20, 1934 SAKA) I l5
(3) The Govemment shall consider tho First Statute submitted by the university and if any modifications are deemed necessary, the same shall be convoyed to the university for sending the am€nded draft and if the amended draft is found in oder, it shall give approval within a period of three months from the dste of iis rEceipt,". .
13. In sub-section (3) of s€ction 3l of the principal Act, for ihe words '!wo months", the words "three months" shall be substituted,
14. In sub-section (3) of section 32 of the prircipal Act, months". the words "threemonths" shall be substitutcd, 15, In sub-section (2) of s€ction 33 of the principal months", the words "1h.c! monthj' shall be substituted.
AmcndmenLof tof the worcls "two Haryana Act 32 of 2006.
Amendment of ACt. IOr the words -two HlrFna Acl 32 of 2M6.
s€ction 3l of llaryana Act 32 ot 2$6- Insertion of 348 and 34C in Hnryana Act 32 of zfi}b.
16. After section 34 of the plincipal Act, the following scctions shall be inserted, namely:- r34A. Authorisqtion to cornmenoe ahe cours€.- (l) Thc university intending to start a now course or programme of study, shall intimate such intention !o lhe Covernment, along with an assessmsot report as prescribed under the byelaws.
,r in which the idch course or programmc of study and shall give authorization to the university to start the cogrse or programme of study and also approve the procedure thereof. \ - (3) The university shall nor commence first enrotment of / studeots without sp€cific authorization of the Govemment. In no case, the application for authodzation be kept pending beyond 120 days, whereafter it shall be dcehcd to have the concurrence of tho Gov€mment !o start the course or programme of study.
348, Power to cancel a course.- The Govcrnment may if it is satisfied that the university is not in a position to efficiently discharge the duti€s aod obligations impos€d, it may, after making I l 6 HARYANA GOVT. GAZ. (EXTRA.), MAY ro, 20t2 (vYsK.20,1934 SAKA such inquiry, as may be specilied by bye-laws, cancel the permission to continue the course or progrsmme of study 34C, Compulsory dlsclosure of information,* (l) Evay university established u der this Act shall. publish before expity of sixty days prior to the date of the comm€ncement of admission tQ aly of its courses or programme of study. a prospe'ctus containing ths followin g information, namelY:-
(a) each component of tho fee. deposils and other cha'g€s payable by the students tbr pursuing a course or programme of st dy, lnd the other t6tms and conditions of such payment:
(b) ihe percentage of tuition fee and other charges r€tundable to a student in case such $udent wi:hdrgws from university befbre or afler completion of course or Fogramme of study and th€ time within, and the manner, in which such refund shall be madei
(o) the number of seats approved by the $arutory authority in resDect of each course or plog:amme of study for the rcademic year for which ddmission is prcposed to be madei {d) the conditions of eligibility for admission in a pa jcular course or Programme of studyi
(e) the educational qualiiications sp€cified by the univemity where no such qualifying standards have be€n specifiod by any regulating body;
(f) the p'ocess of admission and selection of candidates' including ali relevant information with regatd to the details oi test or examinalion for selecting such candidates for admission to each coutse or plogramm€ of study and the amount of fee to be paid for the admission test;
(g) details of the teaching faculty, including therein th€ eilucational qualitications' teaching expedenc€ and indicatiog thercin whether such member is a tegular facility member or is a visiting membel:
(h) irifoiniiition 'wrlh :regard to physicll nnd academic infrastructure irnd othor facilities including hostel rccommodatio., library and hospital or indusrry wherein ' the Ptactical training to be imparted to the students and in padicular the facilities accessible by students on being admitted to the univ€rsity;
(i) broad outlines of the syllabus specified by the apPropriate statutory euthority or by the university, as the case may be' for evety course or programme of study, including the teaching hours. practical sessions and other assignments;
O all relevant instrucdons with rcgald to maintenonc€ of discipline by students within or outside the camPus' HARYANA GOVT. GAZ, I t'l vYsK. 20, prohibition of ragging and consequences thereof for - violating the prcvisions of any regulations in this regard ! made under the University Crants Commission Act. 1956 (Cenaral Act 3 of 1956) or any othef law for the time being ' in force.
- (k) any such othex informadol which may be prescribed:
, Plovided that the university shall publish infbrmation rcfened to und€r this section on its wcbsite. aod the ! attention of prospective stud€nts and the general public shall be drurvn to such publication on the website thruugh sdvertisemenrs displayed prominently in the different ! newspapers and thiouEh othermed:a.
, (2) Every university shall fix the price of each printed copy of the ploiipectus. not more than the reasonable cost of its publication, - distribution or sale and its copy shall be sent to the Gove.nment for ... ilibrmarion, ".
17, For existing section 36 ofthe principal Act, tho following se{tion shall be* substituted, namely:- ' rA6. Fe€ structure.- (I) The university may, from time ro (lme, , prepars fee structure and shall send it for information to the Government, at least thirty days before the commencement of the academic session.
' (2) The fe€ structure for the twenty-five per cent of the students -who are domicile of Haryana shall be based on merit-cum-means and be as follows:-
(r) one-fifth of the twenty-five per cent shall be granted full fec concessiqu (iD two-fifth of the twenty-fiye per cent shall be granted fifty per cent fce concession;
(iiD the balance two'fifth of the twenry.fiv€ per cent shall be grant€d twenty-five per cent f€€ concession.
- Provid€d that ip case of the university having collaboration with reputed foreign or intemational uniyersities or other institutions of other similar nature, \hc Covernment, may, approve different percentage of students eligible for . "undred per cent, fifty percent or twenty-fivc per cent fee concession.", .'E. For section,l0 of the principal Act, the following section shall b€ Amendmcnr of iubstitlted, namely:- seclion 40 of , National Asscssment and Accreditation Council, Bangalore or National . Board of Accreditation within five years of its establishment and ' inform the Govemment and such other regulatory bodies which are (EXTRA.), MAY r0. 2012 1934 SAKA) section 36 of Haryana Acl 32 of 2006.
II8 ITARYANA GOVT. GM. (EXTRA.)' MAY IO' 2OI2 (vYsK' 20' 1934 SAKA) connecte.d with the courses tak€n up by the unive$ity about the gade p.ttn-"d- Uy '.,ft;
ssid sccreditint bodies to the .university' The unit ersity. sialt get renewed such &ccreditation 8t an int€rval of every five yeari thereafter or as per nolms of the concerned accrediting bodies."'
19. For section 44 sf the princiPal Act' the following section shall be substituted, namely :- - "44. Powers of CoYernment to inspect uniYersity an'l Ncademic and administratlv€ audit - (I) The Govemment may ""ur" un "ar"rra"ni to be made' in such manner' as may be Presctibed' for the pupose of ascertaining the stardards of teaching' examinetiol and researci or any other maner relating to the universlty
(2) The Government for ascerkli:fng and emuring quality at different ievels ofhigher education in a university and for its continued ;a;;;"; shall coiduct annual academic and administrative audit through Higher Blucation Dcpargncnt' Haryana or any other body or o".roi, uo6otlr"A by it, 'xhich shall scrutinize whether the university [;;;;il;t,h "ni functidning in accordance with the provisions of ;;;;;: a;*;t' ordinances' Rulcs' bve-laws' instructions and the conditions of the l-etter of Intent'
(3) such persons or body shatl give their report within thre€ months to the Govemment with specific recommendations and a-"i"i"*i"t, if found. The Govomment shall consider the report and ia*" u ttto* cause notice of thidy days to the Chancellor. as to why action shoutd not be initiated against the university tor the dellclencres noticed.
(4) After gonsidering the reply to the show cause. notice' the oovernmeitt shall have the power to imposc p€ndty under the Act "' 20 .Af te lsect ionr |4of th iepr inc ipa lAct , thefo l towingsect ionsha l lbe i!se*ed, namely:- " Amendmcnt of section rl4 of - Haryana AcI \- 32 of2006.
I ,n."r,ioo oi scclion rl4A in L' l l t ryataAcl 32 of 2006.
,.,14A. Penalti€s.- The following penalties may. be imposed c,;i;.rritv,fqr naladministration, misinformatioi and for not naiiely:-
(i) stopping of admissions lt one or more faculties;
(ii) financial pedalty of a minimum of ten lakhs and maximum of one crore;
(iii) {issolutioa of the universiiy in a phased manner:
Provided that no such penalty shatl be imPosed unless the university has bcen given a show cause notice'"' In section 46 of the princiPal Act -Amcndment of scction 46 of Haryana Act 32 c,12006.
21.
HARYANA GOVT. GAZ. (EXTRA.), MAY 10, 2012 l19 (vYsK. 20, 1934
(i) after sub-section (7) the following" sub-seclion shall be insencd, namely:- "(7A) The tdminisfiator shall meet day to day expenses from the income./assets of the university. If th€ same are nol sufficient, then th€ administrator with the prior approval of the GoYernment shall have the powers to dispose ofthe properties and assets ofthe univcrsity"';
(i0 for sub-section (9), the following sub-section shall be substituted, namely :- "(9) On receipt of the report under sub-section (8), the Government shall make an amendment in the sch€dr o under. ,s€ctiqn 6 by omittinq concemed university therefrom and from the date of such amendmeot, all the assels and liabilities of the university shall vest in the sponsoring bodY:
, hovided that the degrees, diplomas or awards granted under sub-settion (8) shall not be invalid merely on the ground that the university has beon dissolved'".
a'tz, After section 47 of the principal Act, the following section shall be insened, namely :- ',1?A, Power to make bye.laws.-The Government may, .- by notification in the Official Gazette, make bye-laws fot carrying out -he purposes of this Act,".
23. In the Schedule to the princiPal Act, aftcr serial number 6 and entries \hereagainst, the followi:rg serial numbers and entries thercsgaimt shall b€ - .dded, namelY :- *1. Baba Mast Nath University District Rohtak
8. M.V.N. University District Palwil
9. Ansal Univcrsity District Gurgaon"" Insertion of seclion 47A in tlaryana Act 32of 2(n6.
Am$dmcnt of Schedule in Haryana Acf 32 ol2A06.
MANJEET SINGH, Secretary to Covernment, Harysna" law and l:gislative D€partment.