(a) to provide facilities and promote studies and research in emerging areas of medical education, including new frontiers of bio-medical science and technology, clinical therapeutics, bio-engineering and other areas of medicine and to achieve excellence in these and connected fields;
(b) to hold examinations and grant degrees, diplomas and other academic distinctions or titles to persons in the fields of emerging areas of medical education, including new frontiers of medical science, bio-medical technology etc. as laid down in the Statutes, Ordinances or Regulations;
(c) to confer honorary degrees or other distinctions on a approved person in the manner laid down in the Statutes;
(d) to institute prizes, medals, research studentship and fellowships;
(e) to receive gifts, donations or benefactions from the Government and to receive gifts, donations and transfers of movable or immovable property from transferors, donors, testators, as the case may be, and to create such corpus fund with the donations so received for the welfare of University;
(f) to institute principalship, headship of department, senior professorship, professorship, associate professorship/ readership, assistant professorship / lecturership, and to create other posts of any description required by University and to appoint persons to such posts;
(g) to co-operate with educational and other institutions in India and abroad having objectives similar to those of University in such manner as may be conducive to their common goals;
(h) to provide instruction, including correspondence and such other courses, to such persons as are not members of University, as it may determine;
(i) to borrow with the approval of the Government, on the security of the property of University, money for the purposes of University;
(j) to supervise, control and regulate the residence, conduct and discipline of the students;
(k) to acquire, hold, manage, lease or dispose of any property, 14 movable or immovable including trust and endowment properties, for the purpose of University;
(l) to assess the needs of the State and the country in terms of subjects, fields of specialization, levels of education and training of technical manpower, both on short and long term basis and to initiate necessary programmes to meet those needs;
(m) to promote research, design and development programmes in the field of Health Sciences that have relevance to social and health sector needs so that the sector is assured of the quality manpower, trained with the appropriate skills;
(n) to initiate measures to enlist the co-operation of private health sector providers, industries and the Government employers to provide complementary facilities;
(o) to provide for continuous experimentation in imparting knowledge, organization of training and preparation of textbooks and other instructional materials;
(p) to arrange for progressive introduction of continuous evaluation and reorientation of the subjective educational measurement;
(q) to further entrepreneurial ability among its students;
(r) to educate the public with regard to the requirement of, and opportunities in the profession of medical education, including new frontiers of bio-medical science and technology, clinical therapeutics, bio- engineering and other areas of medicine and its responsibilities and services to the society;
(s) any other function which University deems appropriate for promotion of education and research in Health Sciences etc.
Officers. 12. The following shall be the officers of University, namely:-
(i) the Chancellor;
(ii) the Vice-Chancellor;
(iia) [1] [18] deleted;
(iii) the Registrar;
(iv) the Director, Pt. B.D. Sharma PGIMS;
(v) Dean, Academic Affairs of University;
(vi) Dean, Pt. B.D. Sharma PGIMS;
(vii) Deans of Faculties;
(viii) Principal, [5] Postgraduate Institute of Dental Sciences, Rohtak;
(ix) such other persons in the service of University, as may be declared, by the Statutes, to be the officers of University.
Chancellor. 13. (1) The Governor of Haryana by virtue of his office shall be the Chancellor of University.
(2) The Chancellor shall be the Head of University.
(3) The Chancellor shall, if present, preside over the convocation of University for conferring degrees and meetings of the 15 Court.
(4) The Chancellor shall have the right-
(i) to cause an inspection to be made, by such person or persons as he may direct, of the affairs and properties of University, its buildings, laboratories, libraries, museums, workshops, equipments etc.; and of any affiliated college or institution and also of examinations, teaching and other work conducted and done by University or in respect of any other matter connected with University;
(ii) to cause an inquiry to be made in like manner in respect of any matter connected with the administration of finances of University, or institutions.
(5) The Chancellor shall forward to the Vice Chancellor a copy of inspection report for obtaining the views of the Executive Council thereon, and on receipt of such views, the Chancellor may give such directions as he considers necessary and fix a time limit for the action to be taken by University.
(6) The Chancellor may, on the advice of the Government, cause an inquiry to be held in accordance with the principles of natural justice, and remove the Vice-Chancellor from office, if he is found on such inquiry, to be a person patently unfit to be continued in such office.
(7) The Chancellor shall, in every case, give notice to the University of his intention to cause an inspection or inquiry to be made and on receipt of such notice, the University shall have the right to make such representation to the Chancellor as it may consider necessary.
(8) After considering the representation, if any, made by the University, the Chancellor may cause to be made such inspection or inquiry as is referred to in sub-section (4).
(9) Where any inspection or inquiry has been caused to be made by the Chancellor, the University shall be entitled to appoint a representative, who shall have the right to be present and to be heard at such inspection or inquiry.
(10) The Chancellor may, if the inspection or inquiry is made in respect of University, address the Vice-Chancellor with reference to the result of such inspection or inquiry and the Vice-Chancellor shall communicate to the Executive Council, the views of the Chancellor and the action to be taken thereon, as advised by the Chancellor.
(11) The Executive Council shall communicate through the Registrar to the Chancellor such action, if any, as it proposes to take or has taken upon the result of such inspection or inquiry.
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(12) Where the Executive Council does not, within a reasonable time, take action to the satisfaction of the Chancellor, the Chancellor may, after considering any explanation furnished or representation made by the Executive Council, issue such directions as he may think fit and the Executive Council shall comply with such directions.
(13) Without prejudice to the foregoing provisions of this section, the Chancellor may, by order in writing, annul any proceedings of University, which are not in conformity with this Act, the Statutes, the Ordinances, or the Regulations:
Provided that before making any such order, he shall call upon University to show cause why such an order should not be made, and if any cause is shown within a reasonable time, he shall consider the same.
(14) The Chancellor may, at any time, require or direct University to act in conformity with the provisions of this Act, the Statutes, Ordinances and Regulations made thereunder.
(15) The power exercised by the Chancellor under sub-sections
(13) and (14) shall not be called in question in any civil court.
(16) Any employee of the University, who is aggrieved by the decision of the Executive Council or the Vice-Chancellor in respect of any disciplinary action taken against him, may address a memorial to the Chancellor in such manner, as may be prescribed by the Statutes and the decision of the Chancellor shall be final.
(17) The Chancellor may, on the advice of the Government, cause an inquiry to be held in accordance with the principles of natural justice, and remove the Director from office, if he is found on such inquiry, to be a person patently unfit to be continued in such office.
(18) The Chancellor shall exercise such other powers and perform such other duties as may be conferred upon him under this Act or the Statutes made thereunder.
Vice-Chancellor. 14. (1) The Chancellor shall appoint the Vice-Chancellor, who shall be a salaried officer, on the advice of the Government, as per the qualifications and experience prescribed by the Statutes.
(2) The Government shall constitute a Search Committee consisting of one nominee of the Chancellor and two nominees of the Executive Council, which shall prepare a panel of at least three names, in alphabetic order, from which the Vice-Chancellor shall be appointed. The terms and conditions of the services of the Vice-Chancellor, shall be determined by the Chancellor, on the advice of the Government.
(3) The Director on the appointed day shall stand appointed as first Vice-Chancellor until a regular appointment is made in 17 accordance with the provisions of this Act or for a period of six months, whichever is earlier.
(4) The Vice-Chancellor shall hold office for a period of three years which may be renewed for not more than one term:
Provided that no such person appointed as Vice- Chancellor shall hold office on attaining the age of [4] sixtyeight years irrespective of the fact that his term has not expired.
(5) The Vice-Chancellor may perform clinical, teaching and research work, if he so desires.
(6) The amount of remuneration and other conditions of service of the Vice-Chancellor shall be such as may be prescribed:
Provided that such terms and conditions shall not be varied to the disadvantage of the Vice-Chancellor during his term of office.
[18](7) If the Vice-Chancellor is unable to perform his duties owing to his temporary incapacity on account of illness or any other reasons, or the office of the Vice-Chancellor falls vacant due to death or otherwise, the Chancellor shall make such arrangements for the duties of the Vice-Chancellor to be performed by some authority until Vice-Chancellor rejoins.
(8) The Vice-Chancellor shall be the principal executive and academic officer of University and shall exercise supervision and control over the affairs of University and give effect to the decisions of all the authorities of University.
(9) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of University by or under this Act except in the matters involving creation or abolition of a Faculty, Department or post, the matter involving the appointment or removal of an employee:
Provided that the Vice-Chancellor before exercising powers under this section shall record in writing the reasons, why the matter cannot wait till the meeting of the authority concerned:
Provided further that if the authority concerned is of the opinion that such action ought not to have been taken by the Vice-Chancellor, it may refer the matter to the Chancellor whose decision thereon shall be final:
Provided further that any person in the service of University who is aggrieved by the action taken by the Vice- Chancellor under this sub-section shall have the right to represent to the Executive Council within one month from the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancellor.
18 The employee shall be informed that the action has been taken under emergency powers.
(10) The Vice-Chancellor shall convene meetings of the Court, the Executive Council, the Academic Council and the Finance Committee and he may, by order in writing, delegate the powers of convening any of the said meetings to any of the officers of University. The Vice-Chancellor shall be the ex officio Chairman of the Executive Council, Academic Council and Finance Committee and preside over the meetings of these bodies.
(11) The Vice-Chancellor shall ensure faithful observance of the provisions of this Act and the Statutes and Ordinances made thereunder.
(12) The Vice-Chancellor shall be responsible for the presentation of the annual financial estimate, annual account and balance sheet of University to the Executive Council.
(13) The Vice-Chancellor shall be responsible for the proper administration of University and for close co-ordination and integration of teaching, research, clinical work and dissemination of knowledge.
(14) The Vice-Chancellor shall exercise such other powers and perform such other functions, as may be prescribed by the Statutes and Ordinances.
[1] Pro Vice- Chancellor 14A [18] Deleted Registrar. 15. (1) The Registrar shall be appointed by the Chancellor on the advice of the Government in such manner, as may be prescribed by the Statutes.
(2) The Registrar shall be the Chief Administrative Officer of University. He shall work directly under the superintendence, direction and control of the Vice-Chancellor.
(3) The Registrar shall exercise such powers and perform such duties as may be prescribed by the Statutes.
Director. 16. The Director shall be the administrative head of Pt. B.D. Sharma PGIMS. He shall be appointed by the Chancellor, on the recommendation of the Government. The qualifications, powers, functions and duties of the Director shall be such, as may be prescribed by the Statutes.
Dean, Academic Affairs of University.
17. (1) The Dean, Academic Affairs of University shall look after the academic affairs of the University.
(2) The mode of appointment, powers and duties of the Dean, Academic Affairs of University shall be such, as may be prescribed by the Statutes.
Dean, Pt. B.D.
Sharma PGIMS.
18. (1) The Dean, Pt.B.D.Sharma PGIMS shall look after the academic affairs of Pt.B.D.Sharma PGIMS.
(2) The mode of appointment and the powers and functions of the 19 Dean, Pt.B.D.Sharma PGIMS shall be such, as may be prescribed by the Statutes.
Deans of Faculties. 19. (1) There shall be a Dean of each Faculty.
(2) The mode of appointment, powers and functions of the Dean of Faculty shall be such, as may be prescribed by the Statutes.
Principal, [5] Postgraduate Institute of Dental Sciences, Rohtak.
20. (1) The Principal, [5] Postgraduate Institute of Dental Sciences, Rohtak shall be the administrative and academic head of the Postgraduate Institute of Dental Sciences, Rohtak under the overall control of the University.
(2) The mode of appointment, powers and functions of the Principal, [5]Postgraduate Institute of Dental Sciences, Rohtak, shall be such, as may be prescribed by the Statutes.
Authorities. 21. The following shall be the authorities of University, namely:-
(i) the Court;
(ii) the Executive Council;
(iii) the Academic Council;
(iv) the Finance Committee;
(v) the Faculties;
(vi) the Boards of Studies;
(vii) such other bodies, as may be prescribed by the Statutes.
Court. 22. (1) The Court shall be an advisory body and shall consist of such members, as may be prescribed by the Statutes.
(2) The Court shall exercise such powers and perform such duties, as may be prescribed by the Statutes.
Executive Council. 23. (1) The Executive Council shall be the principal executive body of University.
(2) The constitution of the Executive Council, the term of office of its members and its powers and functions shall be such, as may be prescribed by the Statutes.
Academic Council. 24. (1) The Academic Council shall be the principal academic body of University and shall, subject to the provisions of this Act, the Statutes, Ordinances and Regulations, co-ordinate and exercise general supervision and control over all academic policies of University.
(2) The constitution of the Academic Council, the term of office of its members and its powers and functions shall be such, as may be prescribed by the Statutes.
Finance Committee.
25. The constitution, powers and functions of the Finance Committee shall be such, as may be prescribed by the Statutes.
Faculties. 26. The Faculties of University, their constitution, functions and powers shall be such, as may be prescribed by the Statutes.
Board of Studies. 27. There shall be such Under Graduate Board of Studies in various disciplines of Health Sciences, as may be prescribed by the Statutes.
The Post Graduate/Doctoral Board of Studies shall be attached to each Department having Post Graduate Teaching Course. The constitution and powers of the Board of Studies shall be such, as 20 may be prescribed by the Statutes.
Funds and accounts.
28. (1) The University shall have a general fund to which shall be credited,-
(a) the present finance/funding from the Government which shall continue as such, in addition to the enhanced budget for creation and functioning of University in form of grant-in-aid every year;
(b) its income from fees, other income generated from Pt.
B.D. Sharma PGIMS, endowment, donations, gifts and grants; and any other income accruing to University;
(c) any contributions or grant made by the Government on such conditions, as may be imposed by the Government;
(d) any contribution or grant made by the Central Government, the University Grants Commission, International Donor Agencies, like the World Health Organization and United Nations International Children's Emergency Fund etc.
(2) The University may have such other funds, as may be prescribed by the Statutes.
(3) The University may, for any of the purposes prescribed by the Statutes, borrow money from a bank or a corporation. If the total amount borrowed exceeds one crore rupees, prior approval of the Chancellor shall be obtained.
(4) All the funds of University shall be managed in such manner, as may be prescribed by the Statutes.
(5) The Government shall have power to order special audit of the accounts of University by such auditors, as it may direct under special circumstances.
[3] (a) The annual accounts and the balance sheet of the University shall be prepared under the directions of the Executive Council and shall once at least be audited every year and at intervals of not more than fifteen months by the Director, Local Audit, Haryana or any other auditor that may be appointed by the Government.
The annual accounts when audited shall be published in the Haryana Government Gazette and a copy of the annual accounts along with the report of the Director, Local Audit, Haryana or the auditor shall be submitted to the Court and the Chancellor along with the observations of the Executive Council. Any observation made by the Chancellor on the annual accounts shall be brought to the notice of the Court and observations of the Court, if any, after being considered by the Executive Council, be submitted to the Chancellor.
[3] (b) The annual accounts and the balance sheet of the University shall also be submitted to the Government at the time of its submission to the Chancellor.
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(6) The Vice-Chancellor shall cause to be prepared on or before such date, as may be prescribed, financial estimates of University for the ensuing year and submit the same to the Executive Council for approval.
(7) The Executive Council may approve the financial estimates with such modifications, as it deems fit, and no expenditure shall be incurred except in accordance with the financial estimates as approved by the Executive Council.
Pension, provident and insurance fund.
29. (1) The University shall institute, for the benefit of its officers, teachers and other employees, pension, provident fund and insurance fund on the pattern of the Government employees.
(2) Where any provident fund and insurance fund have been so instituted, the provisions of the Provident Funds Act, 1925 (Act 19 of 1925), shall be applicable.
Statutes. 30. (1) On the commencement of this Act, the Statutes of University shall be those as set out in the Schedule.
(2) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes in the manner hereinafter provided in this section:
Provided that the Executive Council shall not make, amend or repeal any Statute, affecting the status, power or constitution of any authority of University until such authority has been given an opportunity of expressing an opinion, in writing, on the proposed changes and any opinion so expressed shall be considered by the Executive Council.
(3) Every new Statute or addition to the Statute or any amendment or repeal of a Statute, shall require the approval of the Chancellor who may approve or disapprove or remit it for further consideration. A Statute passed by the Executive Council shall have no validity until it has been assented to by the Chancellor.
(4) Notwithstanding anything contained in the foregoing subsections, the Chancellor, either suo moto or on the advice of the Government may direct the Executive Council, to make, amend or repeal the Statutes in respect of any matter specified by him and if the Executive Council fails to implement such a direction within sixty days of its receipt, the Chancellor may, after considering the reasons, if any, communicated by the Executive Council or its inability to comply with such direction, make, amend or repeal the Statutes suitably.
(5) Subject to the provisions of this Act, the Statutes may provide for all or any of following matters, namely:-
(a) the constitution, functions and powers of the authorities and other bodies of University as may be constituted from time to time;
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(b) the continuance in office of the members of the said authorities or bodies and filling up of vacancies of members and all other matters relating to these authorities;
(c) the conferment of honorary degrees;
(d) the holding of convocations for conferring degrees;
(e) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(f) the establishment, maintenance and abolition of Faculties, Departments, hostels, affiliated colleges and institutions;
(g) the conditions of affiliation of colleges and institutions and those under which affiliation may be withdrawn;
(h) the institution of Emeritus Professorship, Visiting Professorship, fellowship, scholarship, studentship, travel bursaries, medals and prizes, chairs etc;
(i) the procedure to be followed at meetings of authorities, including stipulation of quorum for transaction of business; where such stipulations are not already made in this Act;
(j) the classification, mode of appointment, powers, duties and nomenclature of teachers and other posts of University, Pt. B.D. Sharma PGIMS, colleges and institutions;
(k) the acceptance and management of bequests, donations and endowments;
(l) all other matters, which by this Act are to be or may be provided for by the Statutes.
Ordinances. 31. (1) The Ordinances shall be made, amended, repealed or added to by the Executive Council:
Provided that no Ordinance shall be made-
(a) affecting the admission or enrolment of students or prescribing examinations to be recognized as equivalent to University examination;
(b) affecting the conditions, mode of appointment or duties of examiners or the conduct or standard of examinations or any course of study, unless the draft of such an Ordinance has been proposed by the Academic Council.
(2) The Executive Council may return to the Academic Council for reconsideration, either in whole or in part, any draft proposed by the Academic Council under sub-section (1) along with its suggestion:
Provided that the Executive Council shall not be bound to make, amend, repeal or add to the draft proposed by the Academic Council itself. It may, however, reject the draft, if 23 not found suitable, when submitted to it by the Academic Council for the second time.
(3) All Ordinances made by the Executive Council, shall have effect from such date, as it may direct and every Ordinance made shall be communicated, as soon as may be, to the Chancellor.
(4) Subject to the provisions of this Act and the Statutes, the Ordinance may provide for all or any of the following matters, namely:-
(a) the admission of students and their enrolment as such;
(b) the courses of study to be laid down for all degrees, diplomas and certificates of University;
(c) the degrees, diplomas, certificates and other academic distinctions to be awarded by University, the qualifications for the same, and the procedure to be adopted for granting and obtaining of the same;
(d) the fees to be charged for courses of study in University, affiliated colleges and institutions and for admission to the examinations, degrees, diplomas and certificate courses of University;
(e) the conditions for the award of fellowships, scholarships, studentships, medals and prizes;
(f) the conduct of examinations, including the terms of office and manner of appointment and the duties of the examining bodies, examiners and moderators;
(g) the maintenance of discipline among the students;
(h) the conditions of residence of students;
(i) the conditions of service including provisions for pension, provident fund or insurance's schemes for the benefit of the employees;
(j) the management, supervision and inspection of affiliated colleges and institutions;
(k) all other matters which by this Act or the Statutes are to be or may be provided for by the Ordinances.
Regulations. 32. (1) The authorities of University may make Regulations consistent with this Act, the Statutes and the Ordinances for-
(a) suitable recruitment procedure both for teaching and nonteaching posts;
(b) conduct of employees and disciplinary procedure to be followed in case of misconduct and other lapses in the discharge of their duties;
(c) giving of notice to the members of each authority of the dates of meetings and also for keeping the record of the proceedings of the meetings;
(d) the procedure to be followed at the meetings;
(e) all matters concerning such authority not provided for 24 under this Act, the Statutes or the Ordinances.
(2) Every Regulation made under this section, shall come into force on such date, as may be specified by the Executive Council.
Control by Government.
33. (1) The University shall carry out such directions as may be issued to it, from time to time, by the Government for the efficient administration of this Act.
(2) The Government may, at any time, either on its own motion or on application made to it in this behalf, call for the record of any case disposed of, or order passed by University for the purpose of satisfying itself as to the legality or propriety or correctness of any order passed or directions issued and may pass such order or issue such direction in relation thereto, as it may think fit:
Provided that the Government shall not pass any order adversely affecting any person without affording such person an opportunity of being heard.
(3) The Government may depute any officer to inspect or examine University, or its development work and to report thereon and the officer so deputed may, for the purposes of such inspection or examination, call for-
(a) any extract from any proceedings of the authority or any committee constituted under this Act, record, correspondence, plan or other documents;
(b) any return, estimates, statement of accounts or statistics;
(c) any report, and University shall furnish the same.
Affiliation and recognitions.
34. (1) From the appointed day, all colleges and other educational institutions of Health Sciences in the State, previously admitted to the privileges of or affiliated to the Maharshi Dayanand University, the Kurukshetra University, or any other university, council or affiliating body, shall be deemed to be admitted to the privileges, or affiliated to University.
(2) The colleges and institutions related to various disciplines of Health Sciences located within the State, on satisfying such conditions, as laid down by Statute or Ordinances for the purposes of affiliation, be affiliated to University.
(3) The rights conferred on a college or an institution by affiliation may be withdrawn in whole or in part or may be modified, if the college or institution has failed to comply with any of the provisions of the Statutes or Ordinances governing the affiliation or if the affairs of the affiliated college are conducted in a manner which is prejudicial to the interests of education.
(4) Any such recognition may be withdrawn either in whole or in part or may be modified in such manner and for such 25 reasons, as may be prescribed by the Statutes.
(5) Every affiliated college and institution shall furnish to the Registrar such reports, returns and other information, as the Executive Council may require, to enable it to judge the efficiency of the affiliated college or institution.
(6) The Executive Council shall cause every such college or institution to be inspected from time to time by one or more competent persons authorized by it on its behalf.
(7) The Executive Council may call upon any college or institution so inspected to take within a specified period, such action, as may appear to it necessary in respect of the inspection referred to in sub-section (6).
Protection of action taken in good faith
35. No suit or other legal proceedings shall lie against any officer or employee for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or Ordinances.
Certain disputes to be referred to Chancellor.
36. If any question arises whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority of University, the matter shall be referred to the Chancellor, whose decision thereon shall be final.
Transitory powers of first Vice - Chancellor.
37. (1) It shall be the duty of the first Vice-Chancellor to make arrangement for constituting interim Executive Council and other authorities of University within a period of 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, may make such Regulations as may be necessary for the functioning of University.
(3) It shall be the duty of first Vice-Chancellor to draft such Statutes and Ordinances as may be immediately necessary and submit the same to the Executive Council for approval.
(4) Notwithstanding anything contained in this Act and until such time an authority is duly constituted under the Act, the first 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.
Continuance of Statutes, Ordinances etc.
38. (1) Until Statutes, Ordinances and Regulations are made under appropriate provisions of this Act, the Statutes, Ordinances and Regulations, framed under the relevant laws and in force immediately before the commencement of this Act, shall, subject to such adaption or modifications, as may be made 26 therein by the Vice-Chancellor with the endorsement of the Executive Council and approval of the Chancellor, in so far as they are not inconsistent with the provisions of this Act, be deemed to be Statutes, Ordinances and Regulations made under the appropriate provisions of this Act.
(2) Notwithstanding anything contained in this Act, the Statutes or the Ordinances or the Regulations,-
(a) any student, who immediately prior to the commencement of this Act, was studying for degree in Health Sciences of the Maharshi Dayanand University, Rohtak or the Kurukshetra University or any other university in the State in accordance with the Regulations in force under the respective Acts under which these universities were established, may until such examinations are provided by University, be admitted to the examination of the Maharshi Dayanand University, Rohtak or the Kurukshetra University, or any other university in the State and be conferred the degree in Health Sciences of the respective universities, for which he qualified on the result of such examination;
(b) if the Maharshi Dayanand University or the Kurukshetra University, or any other university in the State has held any examination, the result of which have been published but the degrees relating thereto have not been conferred or issued or the result of any such examination has not been published by the said university, then such examination shall be deemed to have been held by the respective university as mentioned above.
Act to override other laws.
39. The provisions of this Act and the Statutes, Ordinances and Regulations made thereunder, shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law.
Power to remove difficulties.
40. If any difficulty arises with respect to the establishment of University or in connection with the first meeting of any authority of University or otherwise in first giving effect to the provisions of this Act, the Government may, at any time, before any authority of University has been constituted, by order, make any appointment or do anything, consistent, so far as may be, with the provisions of this Act, which appears to it necessary or expedient for the purpose of removing the difficulty, and every such order shall have effect as if such appointment or action had been made or taken in the manner provided under this Act.
Reservation 41. Nothing contained in this Act shall affect reservations and other concessions required to be provided for Scheduled Castes, Backward Classes, Ex-servicemen, Physically Handicapped persons or any other class or category of persons in accordance with the orders issued by the Government in this regard, from time to time.
27 Annual report. 42. The annual report of University giving details of broad programmes, policies and finances, amendments of Statutes and Ordinances made during the year under report, shall be prepared under the directions of the Executive Council and shall be submitted to the Court on or after such date as may be prescribed by the Statutes and the Court shall consider the report at its annual meeting.
Vacancy not to invalidate proceedings.
43. No act done, proceeding taken, under this Act by any authority or other body of University, shall be invalid merely on the ground of any -
(a) vacancy or defect in the constitution of the authority or body;
or
(b) defect or irregularity in election, nomination or appointment of a person acting as a member
(c) defect or irregularity in such act or proceeding, not affecting the merits of the case.
28 THE SCHEDULE [See sections 2(s) and 30] (STATUTES OF PANDIT BHAGWAT DAYAL SHARMA UNIVERSITY OF HEALTH SCIENCES, ROHTAK) Vice-Chancellor. 1. (1) The Vice-Chancellor shall be appointed by the Chancellor on the advice of the Government having following qualifications and experience:-
(a) A basic recognized medical qualification included in the Schedule to the Indian Medical Council Act, 1956 (102 of 1956).
(b) Doctor of Medicine (MD)/ Master of Surgery (MS)/ Doctorate of Medicine (DM)/ Magister Chirurgiae(M.Ch.)
or equivalent qualification recognized by the Medical Council of India in any specialty.
(c) The Vice-Chancellor shall be a person having minimum 25 years teaching experience out of which 10 years should be as Senior Professor or on equivalent post in a Medical College/institution recognized by Medical Council of India. He should have attained National/ International status in the field of teaching/research or professional competence. He shall not be below the age of 55 years.
(2) The Vice-Chancellor shall, in the absence of the Chancellor, preside over the convocations of the University held for conferring degrees and over the meeting of the Court. The Vice-Chancellor shall be entitled to be present at, and to address, any meeting of any authority or other body of the University, but shall not be entitled to vote there at, unless he is a member of such authority or body.
(3) The decision of the Vice-Chancellor regarding seniority for nomination to the various authorities or bodies of the University shall be final.
(4) Suitable remuneration shall be attached to the office of the Vice - Chancellor.
[1] Pro Vice- Chancellor 1A [18] Deleted Registrar. 2. (1) The Registrar shall be appointed by the Chancellor on the advice of the Government
(i) by deputation or transfer of a person from any Medical or Dental College/institution of the State having Minimum 20 years teaching experience out of which 5 years should be as Professor in a Medical or Dental College/institution recognized by Medical/ Dental Council of India not below the age of 50 years; or
(ii) by deputation of an IAS/Senior HCS officer:
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Provided that no person appointed as Registrar shall hold office on attaining the age of [13] 65 years or on superannuation, whichever is earlier.
Note: The first Registrar shall be appointed within one month of the enforcement of this Act.
(2) The Registrar shall be the ex-officio Secretary of the Executive Council and Faculties but shall not be deemed to be a member of any of these authorities, and shall be the ex-officio Member- Secretary of the Court and the Academic Council.
(3) When the office of the Registrar is vacant or when the Registrar is by reason of illness, or any other cause unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose till regular appointment is made by the Chancellor on the advice of the Government.
(4) Suitable remuneration shall be attached to the office of the Registrar.
(5) It shall be the duty of the Registrar-
(a) to be the custodian of the records, common seal and such other property of the University as the Vice-Chancellor shall commit to his charge;
(b) to issue all notices convening meetings of the Court, the Executive Council, the Academic Council, the Faculties and any Committee appointed by the authority of the University;
(c) to keep the minutes of all meetings of the Court, the Executive Council, the Academic Council, the Faculties and any Committee appointed by the authority of the University;
(d) to conduct the official correspondence of the Court, the Executive Council, the Academic Council and the Faculties;
(e) to supply to the Chancellor copies of the agenda, the minutes of the meetings of the authorities of the University as soon as they are issued;
(f) to perform such other duties as may, from time to time, be assigned to him by the Vice- Chancellor.
(6) The Registrar shall have power to administer warning or to impose the penalty of censure or withholding of increments upon such of the employee, excluding the teachers of the University and employees under the administrative control of the Director, as may be specified in the orders of the Executive Council and to suspend them pending enquiry:
Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken against 30 him.
(7) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in clause (6).
(8) In case the inquiry discloses that a punishment, beyond the powers of the Registrar is called for, the Registrar shall, upon conclusion of the inquiry make a report to the Vice-Chancellor along with his recommendations:
Provided that an appeal shall lie to the Executive Council against an order of the Vice-Chancellor imposing any penalty.
(9) The Registrar shall be the authorized officer to enter into agreements, sign documents and authenticate records on behalf of the University and shall act in such capacity when the appropriate authority has taken a decision in the matter. The Registrar shall also exercise such other powers and perform such other duties as may be prescribed by the Statutes.
Director 3. (1) Director shall be appointed by the Chancellor on the recommendations of the Government having following qualifications and experience:-
(a) A basic recognized medical qualification included in the Schedule to the Indian Medical Council Act, 1956 (102 of 1956).
(b) MD/MS/DM/MCh or equivalent qualification recognized by the Medical Council of India in any specialty.
(c) Minimum 20 years teaching experience out of which, 5 years should be as Senior Professor or on equivalent post in a Medical College/ institution recognized by Medical Council of India. He should have preferably attained National/ International status in the field of teaching/research or professional competence.
[13][20](d) He shall not be below the age of 50 years as on the last date of receipt of applications.
[20](e) He shall hold office for a tenure period of 3(three) years which may be renewed:
Provided that no such person appointed as Director shall hold office on attaining the age of 65 years irrespective of the fact that his term has not expired.
(2) The Director shall be the administrative head of Pt.B.D.
Sharma PGIMS, and thus will exercise the powers and duties related to the administration of Pt.B.D.Sharma PGIMS, Rohtak and other such duties as prescribed by the Statutes or given by the Executive Council from time to time.
(3) Suitable remuneration shall be attached to the office of the Director.
Dean Academic Affairs of
4. (1) Dean, Academic Affairs of University shall be appointed by the Executive Council on the recommendation of the Vice- 31 University. Chancellor from amongst the Deans/ Senior Professors of University for a term of [9] two years. However, seniority may be given preference.
(2) He shall look after the academic affairs of the University on the advice of Vice-Chancellor.
(3) Suitable remuneration shall be attached to the office of Dean Academic Affairs.
Dean Pt.B.D.
Sharma PGIMS, Rohtak.
5. (1) Dean, Pt.B.D.Sharma PGIMS, shall be promoted, from amongst the Senior Professors (Medical) of Pt.B.D.Sharma PGIMS.
(2) He shall be promoted by the Executive Council on the recommendations of Vice-Chancellor in consultation with Director.
(3) He shall look after the academic affairs of Pt.B.D. Sharma PGIMS, Rohtak on the advice of Director.
(4) Suitable remuneration shall be attached to the office of the Dean, Pt. B.D. Sharma PGIMS.
Medical Superintendent, Pt.B.D.Sharma PGIMS, Rohtak.
6. (1) Medical Superintendent, Pt.B.D.Sharma PGIMS shall be appointed by Executive Council:-
(i) by direct recruitment through selection; or
(ii) by transfer or deputation of an officer from any Medical College of the State Government/ Government of India.
(2) He shall be having following qualifications and experience:-
(a) a basic recognized medical qualification included in the Schedule to the Indian Medical Council Act, 1956 (102 of 1956).
(b) Master of Hospital Administration or MS/ MD or equivalent qualification.
(c) five years experience as Medical Superintendent of a hospital with beds above 500 or ten years experience as Deputy Medical Superintendent after MS/ MD or equivalent qualification and should have completed sixteen years service after MBBS;
OR five years experience as Senior Professor or an equivalent post of Hospital Administration Department/ Clinical Department in a Medical College or institution recognized by Medical Council of India.
[7] (d) He/she shall not be below 40 years, or more than 58 years of age.
(3) The duties and functions of the Medical Superintendent shall be to look after the affairs of the Hospital of Pt.B.D.Sharma PGIMS and its employees i.e. Nurses, Para-Medical and other Group D employees under the overall control of Director.
(4) Suitable remuneration shall be attached to the office of the 32 Medical Superintendent, Pt. B.D. Sharma PGIMS.
Principal, [5] Postgraduate Institute of Dental Sciences, Rohtak.
7. [5] (1) Principal, [5] Postgraduate Institute of Dental Sciences, Rohtak shall be appointed by Executive Council:-
(i) by direct recruitment through selection; or
(ii) by transfer or deputation of an officer from any Dental College of the State Government/ Government of India.
(2) He shall be having following qualifications and experience:-
(a) a basic recognized Dental qualification included in the Schedule to the Dentist Act, 1948 (16 of 1948).
(b) MDS or equivalent qualifications recognized by the Dental Council of India in the subject concerned.
(c) 5 years experience as Senior Professor or on equivalent post in any dental subject in a Dental College/ institution recognized by the Dental Council of India.
(d) He/she shall not be below 40 years, or more than 58 years of age.
[5] (3) He shall be the administrative and academic head of Postgraduate Institute of Dental Sciences, Rohtak under the overall control of University.
(4) Suitable remuneration shall be attached to the office of the Principal, [5]Postgraduate Institute of Dental Sciences, Rohtak.
Controller of Finance.
8. (1) The Controller of Finance shall be a whole time salaried officer of University and shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor:-
(i) by transfer or deputation of a person having experience of working as Chief Accounts Officer or on equivalent post in a Public Sector Department of the State Government;
or
(ii) by direct selection through selection committee having following qualifications and experience:-
(a) Chartered Accountant (CA) from a recognized institute/ organization;
(b) ten years experience of working in Finance and Accounts Department in a Public Sector Organization or in any other reputed institution/ organization.
(2) The Controller of Finance shall be the ex-officio Secretary of the Finance Committee but shall not be deemed to be a member of such Committee.
(3) When the office of the Controller of Finance is vacant or when the Controller of Finance is by reason of illness, or any other cause is unable to perform the duties of his office, the 33 duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
(4) The Controller of Finance shall-
(a) exercise general supervision over the funds of the University and shall advise the University as regards its financial policy; and
(b) perform such other functions as may be assigned to him by the Executive Council or as may be prescribed by the Statutes from time to time.
(5) Subject to the control of the Executive Council, the Controller of Finance shall-
(a) hold and manage the property and investments of the University, including trust and endowed property;
(b) ensure that the limits fixed by the Finance Committee for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted;
(c) be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Executive Council;
(d) keep a constant watch on the state of the cash and bank balances and on the state of investment;
(e) watch the progress of the collection of revenue and advise on the method of collection to be employed;
(f) ensure that the registers of buildings, land, furniture and equipment are maintained upto date and that stock checking of equipment and other connected material in all the offices, special centres, specialized laboratories, and institutions maintained by the University, is conducted;
(g) bring to the notice of the Vice-Chancellor any unauthorized expenditure and other financial irregularities and suggest action to be taken against the person responsible for it; and
(h) call for from any officer, centre, laboratory, College or institution maintained by the University, any information or returns that he may consider necessary for the performance of his duties.
(6) The receipt of the Controller of Finance or person duly authorized in this behalf by the Executive Council for any money payable to the University shall be sufficient discharge for payment of such money.
(7) Suitable remuneration shall be attached to the office of the Controller of Finance.
Other officers of University.
9. The following persons in the service of the University are also declared to be the officers of the University, namely:- 34
(a) Medical Superintendent, Pt.B.D.Sharma PGIMS;
(b) Dean of Student Welfare;
(c) Chief Warden;
(d) Controller of Examinations;
(e) Librarian;
(f) Law Officer.
Dean of Students' Welfare and Chief Warden.
10. (1) The Dean of Students' Welfare and the Chief Warden shall be appointed by the Executive Council, on the recommendations of the Vice-Chancellor, from amongst the teachers of the University who shall not be below the rank of Senior Professor, on such terms and conditions as the Vice- Chancellor may recommend to the Executive Council.
(2) Suitable remuneration shall be attached to the office of the Dean, Students Welfare and Chief Warden.
Controller of Examinations.
11. (1) The Controller of Examinations, shall be wholetime salaried officer of the University and shall be appointed by the Executive Council, on the recommendations of the Vice- Chancellor;
(a) by transfer or deputation of a teacher having ten years experience of working in a recognized Medical/ Dental College or on equivalent post in National Board of Examination after Post Graduate qualification; or
(b) by direct recruitment through selection as per qualifications and experience decided by the Executive Council from time to time; (ii) the terms and conditions of service shall be specified by the Executive Council.
(2) It shall be the duty of the Controller of examinations:-
(a) to conduct examinations in a disciplined and efficient manner;
(b) to arrange for the setting of papers with strict regard to secrecy;
(c) to arrange for the evaluation of answer sheets in accordance with the planned time Schedule for results;
(d) to constantly review the system of examinations in order to enhance the level of impartiality and objectivity with a view to making it a better instrument for assessing the attainments of students; and
(e) to do any other matter connected with the system of examinations which may, from time to time be assigned to him by the Vice-Chancellor.
(3) Suitable remuneration shall be attached to the office of the Controller of Examinations.
Librarian. 12. (1) The librarian shall be a whole time salaried officer of the University and shall be appointed by the Executive Council on the recommendations of selection committee on such terms and conditions, as may be prescribed by Statutes, from 35 time to time.
(2) Suitable remuneration shall be attached to the office of the Librarian.
Law Officer. 13. (1) The Law Officer shall be a whole time salaried officer of the University and shall be appointed by the Executive Council on the recommendation of Vice-Chancellor:-
(a) by transfer or deputation of an officer having ten years experience as Law Officer in the State Government; or
(b) by direct recruitment through selection as per qualifications and experience decided by the Executive Council from time to time.
(2) The Law Officer shall be responsible for handling all the legal matters of the University and giving his expert advice on such matters.
(3) He shall help the University administration in legal matters in any court of law.
(4) Suitable remuneration shall be attached to the office of the Law Officer.
Court and its constitution.