Odisha University of Health Sciences… Bare Act

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Type	Act
Citation	Act 22 of 2021
Year	2021
Jurisdiction	State of Odisha
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	health, education

EXTRAORDINARY PUBLISHED BY AUTHORITY No0.1779, CUTTACK, TUESDAY, NOVEMBER 2, 2021/ KARTIKA 11, 1943 LAW DEPARTMENT NOTIFICATION The 2nd November, 2021 11/2021/L.— The following Act of the Odisha Legislative Assembly No.11182-I-Legisber, 2021 is hereby published for naving been assented to by the Governor on the 28th Octo general information.

ODISHA ACT 22 OF 2021 THE ODISHA UNIVERSITY OF HEALTH SCIENCES ACT, 2021 AN ACT TO PROVIDE FOR ESTABLISHMENT AND INCORPORATION OF A UNIVERSITY OF HEALTH SCIENCES IN THE STATE OF ODISHA AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.

WHEREAS, it is expedient t0 establish and incorporate a University of Health Sciences for the purpose of ensuring affiliation, proper and systematic instruction, arch exclusively in Modern Medicine, Homeopathy and Ayurveda | Health, Pharmacy education, Nursing education, diation Technology, Physiotherapy and any other ha and to have uniformity in various cts, and to provide for matters training and rese including Dental education, Menta Education on Laboratory and Ra medical or paramedical course in the State of Odis academic programmes in medical and allied subje connected therewith or incidental thereto ;

BE it enacted by the Legislature of the State of Odisha in the Seventy- second Year of the Republic of India as follows:—

CHAPTER | PRELIMINARY y be called the Odisha University of Health Sciences Act, 2021.

1. (1) This Act ma

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

2 In this Act, unless the context otherwise requires,—

(a)“Affiliated Institution” means a college or an institution imparting education in health sciences and allied sciences and affiliated to the University in accordance with the provisions of this Act and the Statutes and includes a college or an institution deemed to be an affiliated college or institution under this Act;

(b)“Appointed date” means the date appointed under sub -section (1) of section i

(c)‘Approved Institutions” mean hospital, health center, affiliated institution or such other institutions recognized by the University as an institution in which a person may undergo training, if any, required by a course of study before conferring any degree, diploma or other academic distinction of the University ;

(d)“Authorities” means the authorities of the University as specified in section 16;

(e)“‘Autonomous Institution™ means a college or Institution, as the case may be, on which status of Autonomy has been granted and designated to be so by the statutes;

(f) “Board” means the Executive Board of the University;

(g) “College” means an institution imparting education in health sciences and is affiliated to the University;

(h) “Educational Agency” means any person or body of persons whether incorporated or not who or which establishes or maintains or manages one or more private college or institutions in which instruction, or research in all or any of the subjects of the health science is provided ;

(i) “Government College” means a college managed by the State Government and affiliated to the University ;

(j) “Hostel” means a unit of residence for the students of the institution affiliated to the University in accordance with the provisions of this Act or Statutes ;

(k)“Health Sciences” means the science of modern medicine in all its branches concerning preventive, promotive, curative and rehabilitative health of human beings and includes dental sciences, Mental Health, Ayurveda, Homeopathy, and allied sciences including those concerned with interdisciplinary areas, and those related to paramedical courses;

(1) “Other Universities” means “the Utkal University”, “the Berhampur University”", “the Sambalpur University”, “Shri Jagannath Sanskrit Viswa Vidyalaya deemed to be established under the Odisha Universities Act, 1989” and includes the universities established under that Act;

(m) “Paramedical Courses” means programme of education, research and training in nursing, pharmacy, physiotherapy, optometry, radiology, audiology, speech pathology, Medical Anatomy, Medical Biochemistry, Medical Microbiology, Physiology, Medical Laboratory Technology, medical radiation technology and such other courses of studies as may be declared, by notification, by the State Government;

(n) “Prescribed” means prescribed by Statutes, Ordinances, and Regulations;

(0) “Private college” means a college which is not established and maintained by the State Government or the Central Government or local authority;

(p) “recognized Institution” means an institution of higher learning, research or specialized studies, other than an affiliated institution, and recognized to be so by the University ;

(q)“Regulatory Body” means Medical Council of India, constituted under section 3 of the Indian Medical Council Act, 1956, Central Council of Indian Medicine constituted under section 3 of the Indian Medicine Central Council Act, 1970, Homeopathy Central Council constituted under the Homeopathy Central Councll Act, 1973, Dental Council of India constituted under section 3 of the Dentists Act, 1948, Nursing Council of India, constituted under the section 3 of Indian Nursing Council Act, 1947, Pharmacy Council of India constituted under section 3 of Pharmacy Act, 1948, University Grants Commission established under section 4 of the University Grants Commission Act, 1956 and includes such other bodies established by the State Government or Central Government for laying down norms and conditions for ensuring standard of education in Modern Scientific Medicine, Ayurveda, Homoeopathy, Dentistry, Mental Health, in all their branches and includes paramedical courses;

(r)“Statutes”, “Ordinances” and “Regulations” means, respectively the “Statutes”, “Ordinances” and “Regulations” of the University made under this Act;

(s)“Student” means a part-time or full-time student pursuing the course or undergoing Orissa .

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08 of 1¢ 8 house-manship or internship or residency programme or carrying on research in any of the affiliated colleges, or recognized institutions ;

(t) “University” means the Odisha University of Health Sciences established under section 3 of this Act;

CHAPTER Il £ s (Rhraent oy Uncveyy THE UNIVERSITY

3. (1) With effect from such date, as the State Government may, by notification, appoint in this behalf, there shall be established in the State of Odisha a University by the name of “the Odisha University of Health Sciences”.

(2) The University shall be a body corporate by the aforesaid name having perpetual succession and common seal, with powers, subject to the provisions of the Act, to acquire, hold and dispose of property, both movable and immovable, to contract and shall, by the said name, sue and be sued.

(3) The headquarters of the University shall be at Bhubaneswar.

(4) The University shall be an affiliating University., el 4. The objectives of the University shall be;—

(a) to regulate the academic standards of the affiliated institutions;

(b) to design new courses and curricula based on the advances in the field of health science ;

(c)to advance and disseminate learning and knowledge in health sciences and allied fields by fostering and promoting medical research ;

(d) to act as the nodal agency for linkages with other national and international | institutions ;

(e) to develop a platform for the dialogue between different systems of medicine;

(f)to explore the possibilities of joint research programmes and integration between different systems of medicine among the affiliated institution ;

(g) to promote acquisition of knowledge in a rapidly developing and changing society and to offer opportunities for upgrading knowledge and imparting training and development of skills in the context of innovations, research and discovery in all fields of health sciences with use of modern communication media and technologies; and - !'.

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(h) to undertake such other activities as may be required to fulfill the above objectives.

5. The powers and functions of the University shall be the following, namely:—

(a) to hold examinations and to confer degrees and other academic distinctions for persons who shall have pursued approved courses of studies in an affiliated institution or recognized institution unless exempted therefrom in the manner prescribed and shall have passed the prescribed examinations of the University or shall have carried on research satisfactorily under conditions as may be prescribed and which have been duly evaluated ;

(b) to institute and award degrees, diplomas, certificates and such other academic distinctions;

(d) to confer honorary degrees or other distinctions on distinguished persons in accordance with the conditions as may be prescribed ;

(e) to prescribe conditions under which the award of any degree, title, diploma certificates and other academic distinctions may be withheld ;

(f) to withdraw or cancel degree, title, diploma, certificates or other distinctions under conditions that may be prescribed by the Statutes after giving the persons affected, a reasonable opportunity to present their case ;

(g) to prescribe conditions for recognition of institutions for conducting research or other programmes of the University and to grant recognition to institutions satisfying the conditions and to withdraw such recognition ;

(h) to make provision wherever feasible in the affiliated institutions , recognized institutions, for survey and collection of statistics, data and other particulars relevant to various developmental activities including evaluation of the developmental schemes under the State and Central Plans with the participation of the students as a part of their curricular activities ;

(i) to monitor and evaluate the academic performance of affiliated institutions and recognized institutions for grant of continuation of affiliation and periodical accreditation and to rescind affiliation if it violates any provisions of the Act, Statutes, Regulations, Ordinances issued by the University or violates any 10 provision of the rules, Regulations, orders, instructions and guidelines, if any, iIssued by any Regulatory Body;

(J) to inspect, where necessary, affiliated institutions and recognized institutions through suitable machinery established for the purpose, and take measures to ensure that proper standards of instruction, and training are maintained by them and adequate library, laboratory, hospital, faculty and other academic facilities are provided for ;

(k) to institute awards, fellowships, travelling fellowships, scholarships, studentship, medals and prizes for teachers and students of the affiliated institutions or recognized institutions;

(I) to provide for the training and quality improvement of teachers and non-teaching employees in the affiliated institutions :

(m)to provide for periodical assessment of the performance of teachers and nonteaching employees of the affiliated institutions, in accordance with the Statutes :

\gpo/to regulate attendance of the teachers in the premises of the affiliated institutions during teaching hours and beyond teaching hours, as may be prescribed and to prohibit teachers from taking or conducting private tuition or private coaching classes or doing private clinical practice ;

(0) to prescribe a code of conduct for management of affiliated institutions or recognized institutions;

(p) to establish, maintain and manage, whenever necessary,—

(i) a printing and publication department :

(i) Information Bureaus ;

(iif) Employment Guidance Bureaus and such other activities as may be necessary and possible to fulfill the objectives of the University ;

() to co-operate or collaborate with any other University, institution, authority or organization for research and advisory services and to enter into appropriate arrangement with other Universities, institutions, authorities, or organizations to conduct courses and for such purposes as the situation may demand ;

ir) to explore the possibilities of augmenting the resources of the University by exploring or innovating activities such as research and development, consultancy, training programmes and providing services to clients from industry, trade or any other non-Government organization :

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

(ty/to accept, hold and manage any endowments, donations or funds which may become vested in it for the purposes of the University by grant, testamentary ¢ rumonvdisposition or otherwise, and to invest such endowments, donations or funds in any "o N2 manner that the University may deem fit including scholarships and medals:

Provided that any donation from a foreign country, foreign foundation or any person in such country or foundation shall be accepted by the University only in accordance with the rules and guidelines of the Central Government and the State Government ;

(u) to borrow money with or without security for such purpose, as may be approved by the State Government, from the Central Government, the University Grants Commission or other incorporated bodies subject to the provisions of this Act ;

2o (v) to fix fees and to demand and collect such fees in the manner as may be f:2S prescribed ;

(w) to undertake publication of works of merit and research pertaining to health and allied sciences ; and

(x) to do all such other acts and things or make such other provisions as may be deemed necessary or desirable to further the objects of the University.

6.(1) No person shall be excluded from any office of the University or from membership of any of its authorities, bodies or committees or from appointment to any post, or from admission to any degree, diploma, certificate or other academic distinction or course of study on the ground only of sex, race, creed, class, caste, place of birth, religious belief or profession or political or other opinion:

Provided that the University may give affiliation to any college or institution in which admission is given exclusively for women or reserved for women :

Provided further that the University may, in consonance with the policies of the State Government, reserve posts, employment or seats for admission in favour of members of the Scheduled Castes and Scheduled Tribes, Socially and Economically 2ackward Classes of citizens, women or other category of persons.

CHAPTER Il THE CHANCELLOR AND OFFICERS OF THE UNIVERSITY

7. (1) The Governor of Odisha shall, by virtue of his office, be the Chancellor and the head of the University.

(2) The Chancellor, when present, shall preside over the meeting of the convocation of the University and may issue directions to the Vice-Chancellor to convene the meeting of any authority of the University for specific purposes, whenever necessary, and the Vice-Chancellor shall submit the minutes of such meeting to the Chancellor for his perusal.

(3) The Chancellor may call for such information and record relating to any affair of the University and issue such directions thereupon as the Chancellor may deem fit in the interest of the University, and the authorities and officers of the University shall comply with such directions.

(4) The Chancellor may, after taking report in writing from the Vice-Chancellor, suspend or modify any resolution, order or proceedings of any authority, body, committee or officer, which in the opinion of the Chancellor is not in conformity with this Act, Statutes, Ordinances or Regulations or is not in the interest of the University and the authority, body, committee and officer of the University shall comply with the same :

Provided that, before making any such order, the Chancellor shall call upon the said authority, body, committee or, as the case may be, the officer to show cause within the period specified, why such an order should not be made, and if any cause is shown, the Chancellor shall consider the same and wherever he deems it necessary, after consulting the Government, decide the action to be taken in the matter, and such decision shall be final.

(5)Where, in the opinion of the Chancellor, the conduct of any nominated or appointed or co-opted member in the Authority or Body or Committee of the University is detrimental to the smooth functioning of the University or any authority or body or committee, the Chancellor may, after giving such member an opportunity to offer explanation in writing and after considering such explanation, if any, and being satisfied that it is necessary so to do, suspend or 13 disqualify such member for such period as the Chancellor may deem fit.

(6) The Chancellor shall have the right to cause an inspection to be made by such person or persons or body of persons, as he may direct, of the work conducted by or on behalf of the University or any of the affiliated institutions or under its auspices and of the conduct of examinations or other functions of the University and to cause an inquiry to be made in like manner regarding any matter connected with the administration or finances of the University or any of the affiliated institutions.

(7) The Chancellor shall, in every case, give due notice to the University of his intention to cause an inspection or inquiry to be made and the University shall be entitled to appoint a representative, who shall have the right to be present and to be heard at the inspection or inquiry.

(8) After an inspection or inquiry has been caused to be made, the Chancellor may address the Vice-Chancellor on the result of such inspection or inquiry and the Vice-Chancellor shall communicate to the Board the views of the Chancellor and call upon the Board to communicate to the Chancellor through him its opinion thereon within such time as may have been specified by the Chancellor and if the Board communicates its opinion within the specified time-limit, after taking into consideration that opinion or where the Board fails to communicate its opinion in time, after the specified time-limit is over, the Chancellor may proceed to advise the Board on the action to be taken by it, and fix a time-limit for taking such action .

(9) The Board shall, within such time-limit as fixed, report to the Chancellor through the Vice-Chancellor the action which has been taken or is proposed to be taken on the advice tendered by him .

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

(11)Not-withstanding anything contained in the preceding sub-sections, if at any time the Chancellor is of the opinion that in any matter, the affairs of the 14 University are not managed in furtherance of the objectives of the University or In accordance with the provisions of this Act, Statutes and Regulations or that special measures are desirable to maintain the standards of University examinations, administration or finances, the Chancellor may indicate to the Board through the Vice -Chancellor any matter in regard to which he desires an explanation and call upon the Board to offer such explanation within such time as may be specified by him and if the Board fails to offer any explanation within the time specified or offers an explanation which in the opinion of the Chancellor is not satisfactory, the Chancellor may issue such directions as appears to him to be necessary, and the Board and any other authority concerned shall comply with such directions.

(12)The Board shall furnish such information relating to the administration and finances of the University or teaching, examination or research of any of the affiliated institutions as the Chancellor may, from time to time, require.

(13)The Chancellor shall when an emergency arises, have the right to suspend or dismiss any of the authorities of the University and take measures for the interim administration of the University :

Provided that before taking any such action, the Chancellor shall give an opportunity to such authority to show cause why such action should not be taken.

(14)An appeal shall lie to the Chancellor against any order of dismissal passed by the Board or the Vice-Chancellor against any person in the service of the University.

(15)An appeal under sub section (14) shall be filed within thirty days from the date of serving the order of dismissal on the persons concerned.

(16)The Chancellor shall, before passing any order on an appeal as above, refer the matter for advice to the State Government.

(17)The Chancellor shall have the power to remove the Vice-Chancellor from office, by an order in writing, on charges of misappropriation, misconduct, mismanagement of funds or any other good and sufficient reason:

Provided that before taking action under this sub-section, such charges shall be proved by an inquiry conducted by a person nominated by the Chancellor:

Provided further that the person so nominated is above the status or in the 15 rank of the Vice- Chancellor.

Provided also that the Vice-Chancellor shall not be removed under this subsection unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken against him.

(18) The Chancellor shall exercise such other powers and perform such other duties as may be conferred upon or vested in the Chancellor by or under this Act or Statutes.

oficersof 8. The following shall be the officers of the University, namely.— : S:iversity- (i) the Vice-Chancellor;

' (ii) the Registrar;

(iii) the Controller of Examination;

(iv)the Comptroller of Finance;

(v) the Director, Curriculum ; and

(vi)and such other officers as may be declared by the Statute to be the officers of the University.

appointment 9. (1) The Vice-Chancellor shall be a whole-time officer of the University and shall | ght:r?c\;::fi be appointed by the Chancellor from a panel of three names recommended by a Committee unanimously, who are not members of that Committee.

‘ (2) The names so recommended shall be a person from the Medical Education fraternity possessing high level of academic and administrative competence, integrity, morals, institutional commitment and with distinguished academic record having experience either as Professor or in an equivalent position in NMC approved or recognized or permitted institutions.

(3) If the persons approved on priority basis by the Chancellor, out of the panel so recommended, are not willing to accept the appointment , the Chancellor may call for a fresh panel of three different names from the said Committee or If the Chancellor is of the opinion that none of the persons out of the said panel is suitable for appointment as Vice-Chancellor, the Chancellor may take steps to constitute another Committee to give a fresh panel of three different names and shall appoint one of the persons named in the fresh panel, as the Vice- Chancellor.

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(4) The committee referred to in sub-sections (1) and (2) shall consist of three -1 e Powers of the Vice- Chancellor.

16 members out of whom one member shall be nominated by the State Government, ‘one member shall be nominated by the Chancellor and the remaining member shall be nominated by the Board of Management of the University, and the Chancellor shall appoint one of the members to be the Chairman of the Committee.

(5) The process of preparing a panel shall begin at least three months before the probable date of occurrence of the vacancy of the Vice-Chancellor and shall be completed within the time limit fixed by the Chancellor, who may extend such time limit in public or administrative exigency, it is necessary to do so.

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

(7) Notwithstanding anything contained in this section, the Chancellor shall appoi ‘such person as he deems fit to be the first Vice-Chancellor of the University and the person so appointed shall hold offi iod not exceeding one year, and subject to such terms and conditions as the Chancellor may fix in that behalf.

(8) Where any vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation or otherwise and it cannot be conveniently and expeditiously filled up in accordance with the provisions of sub-section (1) to (4) or if there is any other emergency, the Chancellor may, appoint a suitable person for such period not exceeding six months, on recommendation of the State Government.

(9) The remunerations payable to, and the other conditions of service of, the Vice- Chancellor shall be determined by the State Government :

Provided that the remuneration and other conditions of service shall not be varied to the disadvantage of the Vice-Chancellor during the tenure as such.

(10)The Vice-Chancellor may, by writing under his own signature addressed to the Chancellor, after giving one month notice, resign from that office and shall cease to hold that office on the acceptance of the resignation by the Chancellor.

10. (1) The Vice-Chancellor shall be the principal academic and executive officer of the University and all other officers of the University shall be subject to general supervision and control of the Vice-Chancellor.

(2)The Vice-Chancellor shall be responsible for development of academic programme of the University and shall oversee and monitor the administration of ._ the academic programmes and general administration of the University to ensure | efficiency and good order of the University.

| (3)The Vice- Chancellor shall be entitled to be present, with the right to speak, at any "- meeting of any other authority of the University but shall not be entitled to vote thereat, unless he is the Chairperson or member of that authority and in the event of equality of votes at any meeting of the Board, the Academic Council or of any other authority, at which the Vice-Chancellor is the Chairperson, he shall have a second casting vote.

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

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

| (6)It shall be the duty of the Vice-Chancellor to ensure that the proceedings of the b University are carried out in accordance with the provisions of this Act, Statutes, : Ordinances and Regulations and that the decisions of the authorities and - committees are not inconsistent with the provisions of this Act or Statute, Ordinance and Regulation.

(7)The Vice-Chancellor may defer implementation of a decision taken or a resolution passed by any authority or committee of the University if, he is of the opinion that the same is not consistent with the provisions of this Act, Statutes, Ordinances or S o i l i s A A B A .

e 3 e l S S b e S R — — — e e g TR e e & i e N Regulations or that such decision or resolution is not in the interest of the University and at the earliest opportunity refer it back to the authority, or committee concerned for reconsideration in its next meeting, with reasons to be recorded in writing and if differences persist, he shall within a week, giving reason, submit it to the Chancellor for decision and inform about having done so to the members of e i s i the authority or committee concerned and after receipt of the decision of the Chancellor, the Vice-Chancellor shall take action as directed by the Chancellor and inform the authority or committee concerned accordingly.

(8)If there are reasonable grounds for the Vice-Chancellor to believe that there is an emergency which requires immediate action to be taken, he shall, take such action 18 as he thinks necessary, and shall at the earliest opportunity, report in writing, the grounds for the emergency and the action taken by him to such authority or committee which, in the ordinary course, would have dealt with the matter and in the event of any difference between the Vice-Chancellor and the authority, on the issue of existence of such an emergency, or on the action taken or on both, the matter shall be referred to the Chancellor whose decision shall be final:

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

(9)Where any matter is required to be regulated by Statutes or Ordinance or Regulations but no Statute or Ordinance or Regulation has been made in that behalf, the Vice-Chancellor may, for the time being, regulate the matter by issuing such directions as he may think necessary, and shall at the earliest opportunity thereafter, place them before the Board or other authority concerned for approval and may, at the same time place before such authority for consideration of the draft of Statutes or Ordinances or Regulations required to be made in that behalf.

(10) The Vice-Chancellor shall have the power to appoint all officers of the University of and above the rank of Deputy Registrar based on the recommendations of the Selection Committee constituted in such manner as may be prescribed by Statutes and with the approval of the Board.

(11) As the Chairperson of the authorities or committees of the University, the Vice- Chancellor shall be empowered to suspend a member from the meeting of the authority or committee for obstructing or stalling the proceedings or for indulging in behavior unbecoming of a member, and shall report the matter accordingly, to the Chancellor.

(12) The Vice-Chancellor shall place before the Board, the report of the work of the University periodically as provided under the Statutes.

(13) Notwithstanding anything contained in this Act or in the Statutes or Regulations made or deemed to have been made there under, the Vice-Chancellor may, if he is satisfied that the number of examiners in the panel of examiners approved by the Board for the conduct of an examination is not sufficient for the conduct of the | j | examination and that approval of another panel of examiners by the Board will | ' entail delay in the conduct of such examination, nominate such additional number of examiners as may be necessary for the conduct of such examination and the person so nominated by the Vice-Chancellor under this sub-section shall be deemed to be an examiner included in the panel approved by the Board.

1 (14) The Vice-Chancellor shall have the power to appoint the examiners and question paper setters for the conduct of examinations from the panel approved by the

(16) The Vice-Chancellor shall exercise such other powers and perform such other Board.

| (15) The Vice-Chancellor shall have the power to constitute the vigilance squad for i the inspection of affiliated institutions in which university examinations are conducted.

| duties as may be conferred upon the Vice-Chancellor by or under this Act and o Statutes.

appointment, 11. (1) The Registrar shall be the Chief Administrative Officer of the University | ‘ i dowers and | fnctonsof and shall be a full time salaried officer and shall work directly under the ekt superintendence, direction and control of the vice-Chancellor.

| (2) The Registrar shall be appointed by the Chancellor on deputation from | fi | Odisha Administrative Service not below the rank of Joint Secretary.

| (3) When the office of the Registrar falls vacant or when the Registrar is, by reason of illness or absence or any other cause, unable to perform the duties of his office for a period not exceeding six months, the Vice-Chancellor shall 4 appoint a suitable person to officiate as the Registrar until a new Registrar is appointed and assume office or the Registrar resumes duty, as the case may be.

(4) The Registrar shall act as Secretary of the Board, Academic Council and such other authorities and committees as may be provided by the Statutes and it is the responsibility of the Registrar to forward the copy of every proceeding of the Board and Academic Council to the State Government | within one month of the date of every such meeting.

4 (5) The Registrar shall be the appointing and disciplinary authority of the i employees of the University of the Rank of Assistant Registrar and below.

(6) Any person aggrieved by the decision of the Registrar may prefer, appeal within thirty days from the date of communication of such decision, to the Vice-Chancellor in such manner as may be prescribed in the Statutes.

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

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(8) The Registrar shall be the custodian of records, the common seal and such e o R e s s o — .

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(9) The Registrar shall prepare and update the Handbook of the Statutes and | Regulations approved by the authorities or committees, from time to time, and | :J | make them available to all the respective members of the authorities and ' officers of the University.

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

(11)In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar or any other person authorized by him in his behalf and all processes in such suits and proceedings shall be issued to and served on the Registrar.

ik : (12) The Registrar shall exercise such other powers and perform such other duties as provided by or under this Act or as may be prescribed by the Statutes or assigned to him, from time to time by the Vice —Chancellor.

. Appaintment, 12 (1) The Controller of Examinations shall be appointed by the Vice-Chancellor, on the {Pfigtz;z‘filr recommendation of a selection committee constituted for the purpose as may be Ef,g,,.minafions prescribed by the Statutes and shall be a full time salaried officer of the University and shall work directly under the control of the Vice-Chancellor.

E (2) The qualification and experience for the purpose of selection of the Controller of Examination shall be such, as may be prescribed by the Statutes.

(3) The appointment of the Controller of Examinations shall be for a term of five years or till he attains the age of sixty years, whichever is earlier :

4 Provided that a person shall not be appointed as Controller of Examinations for more than two terms.

s s o y o A P e e e e e e t - e ot 2o o b i fe P l i Fm o e i y A i e 1 Appaintment 14, (1) The Vice-Chancellor shall appoint the Director, Curriculum with prior approval of the , Powers and functions of Comptroller of Finance.

.. Powers and ' functions of ' Director * Curriculum.

Ahpointment 21

(4)The Controller of Examinations shall be the principal officer-in-charge of the conduct of examinations and declaration of their results and shall discharge the functions under the superintendence, direction and guidance of the Board.

(5) The Controller of Examinations shall be the Member-Secretary of the committees appointed by the Board, except the committees constituted for appointment of paper-setters and examiners.

(6)Without prejudice to the generality of the provisions under sub-section (4), the Controller of Examinations shall be responsible for making all arrangements necessary for holding examinations and tests and declaration of results.

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

13.(1) The Comptroller of Finance shall be the principal Finance, Accountants and Audit officer of the University and shall be a full time salaried officer and shall work directly under the control of the Vice-Chancellor.

(2) The Comptroller of Finance shall be appointed by the Chancellor on deputation from Odisha Finance Service not below the rank of Joint Secretary.

(3) The Comptroller of Finance shall be the Convener of the Finance Committee and shall have the right to be present, speak and otherwise take part in the proceedings of the Board on matters which have financial implications but shall not be entitled to vote.

(4) The Comptroller of Finance shall maintain minutes of the meetings of Finance Committee and the Sub-Committees if any, appointed by the Finance Committee.

(9) The Comptroller of Finance shall be responsible for preparation and presentation of the annual budget, Statement of accounts and audit reports, to the Finance Committee and the Board.

(6) The Comptroller of Finance shall exercise such other powers and perform such other duties as may be prescribed by the Statutes.

State Government for such period and on such terms as may be prescribed by Statutes.

(2) The Director, Curriculum shall make different sub-committees taking the Principals . and the head of the Departments of different systems of medical or paramedical courses such as Modern scientific Medicine, Ayurveda and Homoeopathy, Mental Health, Dentistry and faculty of pharmacy, nursing, with approval of Vice-Chancellor and such sub-committee shall exercise such powers and perform such functions as may be prescribed by the Statutes.

(3) The Director, Curriculum shall convene meetings of the sub-committees, as and when required, in consultation with the Vice- Chancellor and shall preside over the same.

(4) The Director, Curriculum shall formulate the policies and develop programmes and present the same to the appropriate authorities for their consideration.

| (5) The Director, Curriculum shall be responsible for the academic development of | courses of study of different systems of medicine and professional courses and shall ensure proper implementation of the decisions of the Board, Academic Council and the Board of Studies in respect of the concerned courses subject to concurrence of | respective Regulatory Body.

:_, ' (6) Subject to the superintendence, direction and control of the Vice-Chancellor, the Director, Curriculum shall decide upon the grievances of students regarding the ; enrolment, eligibility, migration, scholarships, studentships or freeships, grant of | terms and admission to University examinations.

(7) The Director, Curriculum shall enquire, on being directed by the Academic Council, into any malpractice related to any academic programmes under the concerned faculty conducted by an affiliated institution or centre or recognized institution and report the findings to the Academic Council.

(8) The Director, Curriculum shall prepare proposals for the award of fellowships, | scholarships and other distinctions, in consultation with the concerned subcommittee for submission to the Academic Council.

- Al {ti— 14. The appointment of the Vice-Chancellor, the Registrar, the Controller of Examinations, the g o Urmctified. Comptroller of Finance, Director, Curriculum and such other officers as may be appointed t | shall be notified by the University in the Odisha Gazette.

CHAPTER IV AUTHORITIES OF THE UNIVERSITY Authoriies 16, The following shall be the authorities of the University, namely :— of the Wiiwersity. (i) The Executive Board;

(i) The Academic Council;

(iiiy The Board of studies;

(iv) The Finance Committee;

(v) The Quality Assurance Council; and

(vi) such other bodies of the University as may be declared by Statutes to be the authorities of the University.

i 17. (1) The Board shall be the Chief Executive Body of the University and shall consist of Executive ?Oard' the following members, namely:— Ex-Officio Members:

(i) the Vice-Chancellor, who shall be the Chairperson ;

(i) the Secretary to Government, Health and Family Welfare Department or representative not below the rank of Deputy Secretary ;

(iii) the Secretary to Government, Higher Education Department or representative not below the rank of Deputy Secretary;

(iv)the Secretary to Government, Finance Department or representative not below | the rank of Deputy Secretary,

(v) the Director, Medical Education and Training;

(vi)the Director, Health Services ;

. (vii) the Director, Public Health;

(vii) the Director, Ayush;

(ix)the Registrar of the University;

(x) one Principal from amongst all Government Medical, Dental, Mental Health, Nursing, Homeopathic and Ayurvedic Colleges as nominated by the State | | Government.

' *‘% ' Other Members:

| ;j (xi)one head of Department, if any, from different affiliated private institutions who | L t P i v i s A e e T R o \‘,r—_-!

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(xii) two members of the Odisha Legislative Assembly, elected by the members | thereof;

(xiii) such other members as may be prescribed by the Statutes.

(2)The Registrar shall be the ex-officio Secretary of the Board but shall have no . i right to vote.

?’ | (3) The Chairperson shall preside over the meeting and in his absence, a member ' nominated from amongst the members shall preside over the meeting.

? (4)The quorum for the meeting of the Board shall be one-third of the total members.

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(5)The term of office of the members other than ex-officio member of the Board shall be five years from the date of nomination.

(6)The Board shall meet at least twiceé a year on such dates as may be fixed by the Vice-Chancellor and one of such meetings shall be called the annual meeting and a report on the working of the University during the previous year together with a Statement of receipts and expenditure, the financial estimates and the last audit report, shall be presented before the Board at the annual meeting of the Board.

(7)The Chairperson may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than one-fourth members of the Board, convene a special meeting of the Board.

fThx;v t?ower? and 18. The Board shall have the following powers and functions, namely:— unctions o gfifigtive (i) to formulate the broad policies and programmes of the University ;

(i) to suggest measures for the improvement and development of the University ;

(iii) to examine the annual report, the annual accounts, the audit report and the I development plans of the University and give recommendations to the Vice- P T Chancellor;

(iv)to confer honorary degrees or other academic distinctions on the r ecommendation of the Academic Council ;

(v) to review current academic programmes and collaborative programmes ;

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(vi) to suggest new academic programmes consistent with the social A o v A = — - A S L8y Ce | - . N7 A Y\ 14— S g“r\{v’) ) f\\’._ - _h‘ ( {‘ ’ \ vt 25 requirements in medical education ;

(vii)to suggest institution of new degrees, diplomas, certificates and other academic distinctions ;

(viii) to make Statutes, ordinances, regulations subject to the approval of the State Government;

(ix) to hold, control and administer the properties and funds of the University ;

(X)to consider and pass the budget and financial estimates of the University in accordance with the provisions of the Statutes ;

(xi) to affiliate institutions in accordance with the terms and conditions of such affiliation provided by this Act and the Statutes ;

(xii) to monitor transparency in admission and adherence to the prescribed fee structure in the affiliated institutions ;

(xiii)to cause inspection of the affiliated institutions and recognized institutions to ensure the academic quality and standards ;

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(xiv)to approve the appointment of the officers and employees of the University and to prescribe their duties ;

(xv)to prescribe the norms for recognizing approved institutions;

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(xvi) to exercise supervision and control over the discipline of the staff and students of the affiliated institutions ;

(xvii)to make or amend Examination Manual prescribing the procedure for conduct of examinations and publication of the results :

(xviii)to regulate the internal assessments and other evaluation procedures conducted by the affiliated institutions ;

(xix)to appoint the members of the Board of Studies based upon their qualifications and academic standards ;

(xx)to take steps for the maintenance of the academic standards, quality of service in affiliated institutions :

(xxi) to hold, control and arrange for administration of assets and properties of the University ;

(xxii) to determine the form of a common seal for the University, and provide for its custody and use ;

(xxiii)to acquire any movable or immovable property for the University :

(xxiv) to transfer by sale or otherwise any movable property on behalf of the University ;

(xxv)to borrow, lend or invest funds on behalf of the University as recommended by the Finance Committee, subject to the policies of the State Government and as provided by the Statutes ;

(xxvi) to lay down policy for administering funds at the disposal of the University for specific purposes ;

(xxvii) to provide buildings, premises, furniture, apparatus, equipments, instruments and other means needed for the conduct of the work of the University and housing for staff ;

(xxviii) to institute fellowships, travelling fellowships, scholarships, studentships, awards, medals and prizes in accordance with the Statutes made in this behalf ;

(xxix) to make regulations for collaboration with other Universities, institutions and organizations for mutually beneficial academic programmes.

(xxx) to recommend creation of regular posts of officers and other employees of the University for approval of the State Government ;

(xxxi) to arrange for and direct the investigation into the affairs of private, affiliated institutions and to issue instructions for ensuring proper conditions of employment of teachers, officers and other employees in all such institutions and colleges affiliated to the University, payment of adequate salaries to them and in case of disregard take such action against the institutions to modify the conditions of affiliation or recognition or take such other steps as they deem proper in this behalf ;

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

(xxxiii)to receive and consider report on the working of the University from the Vice-Chancellor periodically as provided by the Statutes;

(xxxiv) to prepare academic calendar of the University according to the Statutes, and guidelines from various Regulatory Bodies and the State Government for each academic year, before expiry of the previous + 27 academic year ;

(xxxv) to consider the perspective plan for the academic developments of the University prepared by the Academic Council ;

(xxxvi) to assess and approve the feasibility of proposals from the Academic Council for academic programmes ;

g (xxxvii) to cause an inquiry to be made in respect of any matter concerning the f proper conduct, working and finances of the colleges, institutions affiliated to the University (xxxviii) to delegate, any of its powers, except the power to make Statutes and Ordinances, to the Vice -Chancellor or such officer or authority of the University or a committee appointed by it as it thinks fit; and

(xxxix) to exercise such other powers and perform such other duties as may be . conferred or assigned by this Act or the Statutes.

".‘ The 19. (1) The Academic Council shall be responsible for laying down the academic policies in égi?\ecfim regard to maintenance and improvement of standards of teaching and research and collaboration programmes.

E (2) The Academic Council shall consist of the following members, namely :— | Ex-officio members:- () the Vice-Chancellor who shall be the Chairperson :

¢ (ii) the Director, Curriculum:

(iii) Chairpersons of the Board of Studies :

: (iv) Director, Medical Education and Training:

(v) Director, Ayush;

; | Other members:-

(vi) five Professors—three from the Government Medical Colleges and two | from the affiliated Private Medical Colleges to be nominated by the Vice- It Chancellor;

(vii) two Professors - one each from Government and Private Dental Colleges to be nominated by the Vice- Chancellor: L e T

(vii)two Professors - one each from Government and Private Ayurveda Colleges to be nominated by the Vice- Chancellor :

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(ix) two Professors one each from Government and Private Homeopathl Colleges to be nominated by the Vice- Chancellor;

@ne Professor or Senior Faculty - one each from any Government and Privat Nursing Colleges, to be nominated by the Vice- Chancellor;

(xi) two Professors or Senior Faculty from any Government Pharmacy College to be nominated by the Vice- Chancellor;

(xii) one Teacher from Medical Laboratory Technology to be nominated by th Vice- Chancellor;

/&iii)one teacher from Physiotherapy in Government or Private Medical College to be nominated by the Vice- Chancellor;

(xiv)one teacher representing each discipline to be co-opted by the Academ Council from among the teachers having not less than ten years teachin experience, other than Principals of Colleges, Heads of recognized Institutior of whom, at least one must belong to Scheduled Tribe or Scheduled Caste;

(xv) two eminent experts in the field of Health and Allied Sciences, nominated k p J\I\[‘*"fl[}{e Chancellor: and A£xvi)three women teachers nominated by the Vice-Chancellor from among th

(3) The Registrar shall act as the Secretary of the Academic Council, but shall have r right to vote.

(4) The quorum for the meeting of the Academic Council shall be one-fifth of the tot e e members of the Academic Council

(5) The Academic Council shall meet not less than thrice a year.

(6) The term of office of the members other than ex-officio members of the Academ Council shall be five years.

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20. The Academic Council shall have the following powers and functions, namely :—

(i) to advise the Board on all academic matters ;

(i) to make regulations on academic matters ;

(li) to make proposals for research and advancement and dissemination knowledge ;

(iv) to prescribe the courses of studies for the institutions affiliated to tr 29 University ;

(v) to prescribe the qualifications of teachers in affiliated institutions ;

(vi) to prescribe the 'qualifications for admission of students to various courses of studies and to the examinations ;

(vii) to make provisions for admission of students to various courses of studies on the basis of merit and in order to maintain the standards of education ;

(viii)to co-ordinate the teaching and learning process in the affiliated institutions;

(ix) to recommend to the Board, proposals regarding institution of degrees, diplomas, certificates and other academic distinctions ;

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

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

(xii)to appoint committees to review periodically the utility and practicability of the existing courses of study and the desirability or necessity of reviewing or modifying them in the light of new knowledge or challenging social requirements and consistent with the regulations, orders or instructions if any, of the Regulatory Body;

(xiii) to decide what examinations of other Universities may be accepted as equivalent to those of the University and to negotiate with other Universities for recognition of the examinations of the University ;

(xiv) to make proposals for the conduct of interdisciplinary studies, common facilities such as instrumentation centers, workshops, hobby centers, museums of the affiliated institutions ;

(xv) to prescribe norms for recognition of any member of the staff of an affiliated institution or recognized institution as a teacher;

(xvi) to prescribe norms for granting affiliation, continuation of recognition, extension of recognition to institutions of higher learning and research of specialized study;

(xvii)to grant affiliation to colleges or institutions in accordance with the provisions 30 - - .

, - gl i l B0 2 0 T t = B NP S T t T t et B y of the Statutes, Ordinances and Regulations ;

(xviil) to accord recognition to recognized institutions on the recommendation of — b the committees appointed by the Council ;

(xix) to recommend to the Board for conferment of autonomous status on any 1 ::j:: affiliated institutions and recognized institutions in accordance with the provisions of Acts and policies of the State Government having regard to the il guidelines of the University Grants Commission;

| (xx) to make proposals to the Board to prescribe fees and other charges ;

(xxi) to advise the University generally on all academic matters and submit to the @ Board feasibility reports on academic programmes recommended by the ‘4 Board at its last annual meeting ;

(xxi)to conduct the examinations and make policy decisions in regard to ;5 organizing and holding examinations, improving the system of examinations, i appointing the paper-setters and examiners and for preparation of the i schedule of dates for holding examinations and declaration of the results, | subject to the control and review of the Board;

4 (xxiii) to exercise such other powers and perform such other duties as may be B conferred on it by or under this Act, Statutes, Ordinances and Regulations.

! 'fi?gthard 21. (1) There shall be a Board of Studies for every subject or group of subjects, as may W . of Studies.

be prescribed by the Statutes.

3 (2) The Board of Studies shall consist of,— | (a) two persons from amongst the Heads of Departments in affiliated institutions, other than Principals, having not less than ten years teaching experience, ¥ nominated by the Vice-Chancellor ;

LI (b) two post graduate teachers having not less than ten years of teaching | experience from among the teachers of Government colleges, one of them preferably a woman nominated by the Vice-Chancellor;

(c) two eminent persons to be nominated by the Vice-Chancellor, who are— | j (i) either Professors or Associate Professors in other Universities ; or i : (i) persons with relevant experience of not less than ten years in national laboratories or research institutions or recognized institutions; or — T y T 5 o s T S S A R R IV W | |Powers ..and functions i lofithe | Board of Studies.

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(iii) experts in related field, having published—

(a) at least one book in the relevant subject ; or

(b) four research papers in indexed national or international journals.

(3) The Chairperson shall be nominated by the members of the Board from among themselves.

(4) The term of office of the members of the Board of Studies shall be three years from the date of nomination.

22. (1) The Board of Studies shall have the following powers and functions, namely:—

(i)to recommend, upon reference to it by the Board or Academic Council, the Courses of studies, the subject or group of subjects within its purview ;

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

(iif) appointment of paper-setters and examiners at the University examinations in the subject ;

(iv)to appoint examiners or evaluators for evaluation of thesis and dissertations and for conducting viva-voce tests, wherever prescribed, for awarding post-graduate doctorate and higher degrees ; and

(v) to suggest organization of orientation and refresher courses on the subject.

23. (1) The Finance Committee shall consist of the following members, namely: —

(i) the Vice-Chancellor ; who shall be the Chairman;

(i) the Registrar ;

(iif) the Comptroller of Finance ; who shall be the Member-Secretary;

(iv) two members nominated by the Board from among its members ;

(v) one member from the Academic Council nominated by the Vice- Chancellor;

(vi) Additional Secretary to Government, Health and Family Welfare Department;

(vii) Additional Secretary to Government, Finance Department;

(2)The Finance Committee shall give advice to the University authorities on any matter relating to the finances of the University.

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(3) The Finance committee shall have following powers and functions, namely :-

(i) to prepare the budget estimate of the University and to review the accounts of expenditure and to make recommendations to the Board :

(i) to consider and make recommendations to the Board on the proposals for new expenditure on major works and purchases !

(iii) to scrutinize re-appropriation statements and audit notes and make recommendations to the Board :

(iv) to review the finance of the University and to suggest concurrent audit conducted wherever necessary ; and

(v) to give advice and make recommendations to the Board on any other financial question affecting the affairs of the University.

(4) The meeting of the Finance Committee shall be held twice a year.

(5) The term of office of the members of Finance Committee shall be such as may be prescribed by the Statutes.

24. (1) There shall be a Quality Assurance Council in the University for periodic examination of the academic standards, democratic functioning and social commitment of the affiliated institutions and the university.

(2) Subject to the provisions of this Act, The Constitution, powers and functions of the Quality Assurance Council and its procedures shall be as prescribed by the Statutes.

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

(2)Notwithstanding anything contained in this Act or Statutes, where a person nominated, appointed or co-opted as an officer of the University or a member of any of the authorities, or committees of the University by virtue of his being eligible to be so nominated or appointed or co-opted as such an officer or a member under any of the categories of officers or members specified by or under the relevant provisions of this Act in relation to such office or authority, such person shall cease to be such an officer of the University or member of such authority as soon as such person __ _.

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- 33 ceases to belong to such category and shall be deemed to have vacated the office as such officer or member.

(3)No person shall be a member of any of the authorities of the University for a period of more than two consecutive terms, either as nominated, appointed or co-opted member, as the case may be.

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

(5)A member of any authority of the University other than ex-officio member including a nominee may resign by writing under his signature:

Provided that a nominee of the Chancellor may resign, by addressing to the Chancellor and any other member including nominee of the Vice-Chancellor, may resign by addressing to the Vice Chancellor,

(6) The person shall cease to be a member of such authority upon his resignation being accepted by the Chancellor or, the Vice Chancellor, as the case may be.

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

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

el % $'tatutes 34

CHAPTER V STATUTES, ORDINANCES, REGULATIONS AND BYE-LAWS

26.(1) Subject to the provisions of this Act, the Board shall have, in addition to all other powers vested in it, the power to make Statutes to provide for the administration and management of the affairs of the University with approval of the State Government.

(2) Statutes may provide for all or any of the following matters, namely:—

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

(ii)the constitution, powers and duties of the authorities of the University not specifically provided for in this Act ;

(iii) the procedure for the nomination of members of the Board, the Academic Council and other authorities or bodies of the University and all such other matters, relating to these authorities or Committees, as may be necessary or desirable to provide ;

(iv) conferment of honorary degrees and holding convocation ;

(v) the supervision of the affiliated colleges or institutions, or recognized institutions;

(vi)the principles governing the seniority and service conditions of the employees of the University;

(vii) the provision for disqualifying members of the authorities or committees of the University;

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

(ix) application of funds of the University for furtherance of the objectives of the University;

(X) conditions and procedure for affiliation of colleges or institutions or for withdrawing the affiliation of colleges or institutions:

i S T i Ny i e = r e Ry - e t o = T o R S T T R T T A A A T ML HLEE N e S il 35

(xi)the norms for grant of autonomy to affiliated institutions or recognized institutions or approved institutions;

(xii) acceptance and management of trusts, bequests, donations, endowments and grants from individuals or organizations;

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

(xiv) disciplinary action against officers and other employees of the University, and disciplinary action against teachers, officers and other employees of affiliated institutions or recognized institutions and approved institutions other than the institutions managed by the State Government, the Central Government and local authority;

(xv) award of degrees, diplomas, certificates, and other academic distinctions by the University ;

(xvi)the withdrawal or cancellation of degrees, diplomas, certificates, and other academic distinctions granted by the University ;

(xvii) the maintenance of Register of registered graduates ;

(xviii) the maintenance of accounts and preparation and passing of the annual budget of the University ; and

(xix) any matter as may be necessary to give effect to the provisions of this Act.

Procedure 27. (1) Not-withstanding anything contained in this Act, the State Government shall formaking -_-'-jfi;tutes. make the First Statutes of the University and shall continue to be in force until amended or superseded by statutes made by the Board in accordance with the provisions of this section.

(2) The Board may, from time to time, make new or additional Statutes or may amend or repeal the Statutes with prior approval of the State Government .

(3) No Statute affecting the powers and duties of any authority of the University shall be made by the Board unless the draft of such Statutes is referred by the Vice- Chancellor to that authority for expressing its views thereon, within such period as may be specified in the reference or with such period as the Vice-Chancellor may allow and views if any, so expressed are duly considered:

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Provided that where any such draft Statutes pertaining to academic matters, the Board shall obtain the opinion of the Academic Council before considering the same;

(4) Statutes passed by the Board shall be submitted to the State Government who may give or withhold its approval thereto or refer it back to the Board for reconsideration with such observations as it deems fit;

(5) No Statute passed by the Board shall be valid until approved by the State Government and it shall come into force on the date of its publication in the Odisha Gazette or on such other date as the State Government may fix.

1Ord|n:ance 28. Subject to the conditions prescribed by or under this Act, the Board may make Ordinances, to provide for all or any of the following matters, namely:—

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

(b) the fees to be charged for admission to the examinations leading to degrees, diplomas, certificate courses and other academic distinctions, and for registration of students and any other fees to be charged ;

(c) the conditions of residence, conduct and discipline of the students of the affiliated institutions, and action to be taken against them for breach of discipline or misconduct, including the following :-

(i) use of unfair means at an examination or abetment thereof ;

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

(iii) disorderly or otherwise objectionable conduct, whether within or outside the University;

(d) the conditions governing the appointment and duties of examiners ;

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

(f)the classification of teachers, staff strength, workload of teachers and other staff in the affiliated institutions ;

(g) the inspection of affiliated institutions, recognized institutions, approved institutions and hostels;

(h) the mode of execution of contracts or agreements for, by or on behalf of, the 37 | University;

A (i)the rules to be observed and enforced by affiliated institutions and recognized - institutions regarding transfer of students wherever necessary;

E‘fl} '; (j) all or any other matters which, by or under this Act or Statutes, are to be or may be, | provided by Ordinances; and

(k) all or any other matter, in the opinion of the Board, necessary for the exercise of the powers onferred or the performance of the duties imposed on any authority of the University under this Act or Statutes.

29.(1)The Board may make, amend or repeal Ordinances in the manner hereinafter provided in this section.

(2) No Ordinance concerning the matters referred to in clauses (a) to (e) of section 28 shall be made by the Board unless a draft thereof has been proposed by the Academic Council.

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

(4) Every Ordinance passed by the Board shall be submitted to the State Government who may give its approval or refer it back to the Board for reconsideration with such observation as it may deem fit.

(5) No Ordinance passed by the Board shall be valid until approved by the State Government and it shall come into force as the Board may direct.

30. (1) Subject to provisions of this Act, the Statutes and Ordinances and the approval of the Board, the Academic Council may make Regulations in the manner prescribed by Statutes, providing for all or any of the following matters, namely:—

(i) the courses of studies and the conduct of examinations;

(i) the admission of students to the various courses of study and to the examinations;

(iii) the qualifications of teachers;

(iv) the appointment and prescription of duties of examiners;

(v)recognition of examinations, degrees and diplomas of the Universities as equivalent to the examinations, degrees and diplomas of the University; and

(vi) all other matters which under the provisions of this Act, the Statutes and the Ordinances are to be, or may be, prescribed by the Regulations.

(2) All Regulations made under this Act shall have effect from such date as the Academic Council may direct, but every Regulation so made shall be laid before the Board during its next succeeding meeting for approval.

'Bjiy‘g— 31.(1) Any authority may, subject to the previous approval of the Board shall have the power to make bye-laws and orders not inconsistent with the Act, the Statutes, Ordinances and Regulations, for the guidance and working of the Boards and Committees constituted under the provisions of this Act, the Statutes, the Ordinances and the Regulations and for regulating the procedure and conduct of business at the meetings of any authority of the University and providing for all matters solely concerning such authority or Committee.

(2) Such bye-laws and orders shall be submitted to the Board which may amend or annul them in such manner as it thinks proper, after ascertaining and considering the views of the authority or Committee making them.

CHAPTER VI ADMISSIONS AND OTHER MATTERS RELATING TO STUDENTS

32. (1) Subject to the rights of the minority educational institutions, admission to all courses in the affiliated institutions shall be made in accordance with the reservation policy of the State Government for the members of the Scheduled Caste, Scheduled Tribes, Socially and Educationally Backward classes of citizen, Women and other category of persons:

Provided that where rules have been framed by the State Government, in the interest of the students of the entire State, the University shall adopt the same:

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

(2) At the beginning of each academic year, the University shall prepare and publish an academic calendar for all programmes including a Schedule of Examinations:

39 . Provided that, no examination or the results of an examination shall be held invalid i only for the reason that the University has not followed the Schedule.

a3 The University shall make provision in the Statutes to ensure that the students nominated to represent their classes, colleges, as the case may be, for sports, cultural and actwmes all other activities are nominated entirely on the basis of merit in the respective field.

CHAPTER VI PERMISSION, AFFILIATION AND RECOGNITION OF COLLEGES AND INSTITUTIONS A ) Notwithstanding anything contained in any other Law for the time being in force but subject to the provisions of this Act, all the colleges or-Institutions imparting education 0 in Health Scnence and allied subjects emstmg in State and affiliated to any other \ University | |mmed|ately before the appomted date' shall be deemed to have been ' dlsafflllated from the respective Universities and to have been affiliated to the University from such appointed date for such period and subject to such terms and conditions as has been specified in the order of the affiliation of respective Universities :

Provided that the University may impose such other terms and conditions for continuation of further extension of the terms and conditions not inconsistent with the provisions of this Act and of any law made by the Parliament, as it may deem fit, and the fi,; college or institution so affiliated shall be bound to comply with those terms and | 5{;; i conditions within such reasonable time as may be directed by the University:

l J Provided further that the University shall have the power to alter or withdraw the affiliation deemed to have been granted under this sub-section, if any such college or institution does not comply with the terms and conditions so imposed.

(2) For the purpose of deemed affiliation provided in sub-section (1), any college or institution shall submit a copy of the valid letter of affiliation granted by other University concerned to the Registrar of the University within a period, as may be fixed by the University, in the order and acknowledgement of the receipt of such . -and b | Affil { i b . i,[ i1 B e A T e A T T s g em wl o ee s R S e 40 copy by the University shall be a valid evidence for the purpose of such deemed affiliation.

(3) The affiliation of the colleges or institutions referred to in sub- section (1) shall, subject to the conditions that the affiliation of those colleges or institutions in respect of the batches of students admitted to the courses in health sciences and allied subjects, continue till those batches of students complete their courses and onducted by such other ched and Degrees or Diplomas or other ssion to these colleges for the academic year preceding the appointed date shall continue in such the examinations of all such students shall be Universities to which they were atta istinctions shall be awarded by such Universities and adm A2 Universities.

(4) The admission to the course or courses to be started, in the colleges and institutions from the succeeding academic year from the appointed date and onwards and the examinations for the new batches of students admitted or to be admitted during said academic year, shall be conducted by the University and degrees or diplomas be awarded by the University.

undertaking to the effect -

(i) that the provisions of this Act, or any other Act passed by the State Legislature related to Medical Education or Higher Education field in the State, rules made thereunder and Statutes, Ordinances, Regulations, and directions of the University shall be observed ;

(i)that the number of students admitted for courses of study shall not exceed the limits prescribed from time to time, by the University, the Central or the State Government or the Regulatory body, in the concerned discipline;

(iii) that there shall be suitable and adequate physical facilities such as buildings, laboratories, libraries, equipment required for teaching and research, hostel and other infrastructure facilities, as the case may be, prescribed by Statutes, Ordinances and Regulations ;

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

e — — — — — — — — e o T f LRI ;

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it TR | 1 (v) that the strength and qualifications of teaching and non-teaching staff of the affiliated institution and the emoluments and the terms and conditions of service of } the staff of affiliated institution shall be such ,as may be prescribed by the | University and which shall be sufficient to make due provision for courses of study, teaching or training or research efficiently ;

| f : (vi)that the services of all teaching and non-teaching employees and the facilities fif : the college or the institution to be affiliated shall be made available for conducting aminations and for promoting other activities of the University ' _.'

b (vii) that the directions and orders issued by the Chancellor, Vice-Chancellor and other officers of the University in exercise of the powers conferred on them under the | provisions of this Act, Statutes, Ordinances and Regulations or any other Act | ‘ passed by the State Legislature in this regard, shall be complied with ;

| (vii)that there shall be no transfer of the management or ownership of the college it without previous sanction of the University ;

i (ix) that the college or institution shall not be closed without previous sanction of the University ;

| (x) that in the event of disaffiliation or de-recognition or closure of the college or institution, all the assets of the college or institution including building and equipment which have been constructed or created out of the amount paid as a grant-in-aid or as a concession by the State Government or the University Grants Commission shall vest in the State Government.

36. (1) The University shall prepare a perspective plan for educational development for the location of recognized institutions in a manner ensuring equitable distribution of facilities for higher education in Health Sciences having due regard, in particular, to the needs of un-served and underdeveloped areas within the jurisdiction of the University and such plan shall be prepared by the Academic Council and as approved by the Board, shall e be the plan for according permission for establishment of college or institution of higher learning and every such plan shall be updated in every five years.

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

(3) No student shall be admitted by the college or institution unless the first time 42 affiliation has been granted by the University to the college or institution.

(4) The rules and procedure for affiliation of an institution to the University shall be, as prescribed by the Statutes.

COn*n_u_gtion 37. () The affiliated institution or recognized institution may apply for continuation of o affiliation or recognition for the courses of studies, for which affiliation or recognition was granted ordinarily six months prior to the date of expiry of such affiliation or recognition and the University shall follow the procedure prescribed in the Statutes, so far as applicable, for grant of continuation of affiliation.

fi. (2) The affiliated institution or recognized institution may apply for affiliation or recognition b . for additional courses of studies and the same shall be considered by the University i following the procedures or rules prescribed in this regard in the Statutes.

| (3) An affiliated institution with at least three years standing as an affiliated institution may apply for permanent affiliation in the manner as may be prescribed in the Statutes and the i University shall consider such applications in such manner as may be prescribed in the i | 'j‘ié';h;?‘ Statutes.

38. (1) Every affiliated institution or recognized institution or the Educational Agency inspection. associated with such institution, shall furnish such reports, returns and other particulars — as the University may require for enabling it to judge the academic standards and ' i standards of academic administration of the affiliated institution or recognized institution.

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

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

I (b) One expert in the Medical Education, not connected with the University, nominated by the Vice-Chancellor ; and | _g!;], (c) One expert, to be nominated by the Board :

fué'.f Provided that no member of such committee shall be connected with the i management of the college or the institution concerned. I i (3) The committee shall submit its report to the Vice-Chancellor for consideration and for further action as may be necessary.

(I) If an affiliated institution or recognized institution fails to comply with the " Reg igra;.

. conditions of affiliation or recognition as provided in this Act or Statutes or fails to comply 511' with the directions of the University or the State Government, or if it is functioning in a e ‘% | manner prejudicial to the interest of the University or the standards laid down by the } Ordinance or Statutes, the University shall take action against such institutions under this Act for withdrawal of the affiliation or recognition granted to the college or institution, after giving notice to the Principal of the College or institution and the Educational Agency 1 concerned, regarding the reasons for such withdrawal of affiliation or recognition and ‘li considering the reply given by the Principal of the college or institution or the Educational b Agency.

(2) The rules and procedures for withdrawal of affiliation or recognition shall be ‘as may be prescribed by the Statutes.

> such

40. (1) No management of an affiliated institution or recognized institution shall be '“QW"’” allowed to close down the affiliated institution or recognized institution without prior r permission of the University and the State Government.

1 (2) ‘The procedure to close down an affiliated institution and recognized institution shall e such as may be prescribed by the S ét”té

CHAPTER VIIi ENROLMENT, DEGREES AND CONVOCATIONS

41. All graduate or post-graduate teaching, training and research shall normally be conducted within the affiliated institutions and the recognized institutions in the manner as may be prescribed by the Statutes.

Emgzd 42. (1) Subject to the provisions of sub-section (2), the persons who are graduates of the University shall be entitled to have their names entered in the register of registered | graduates or deemed registered graduates, maintained by the University.

A (2)Every person who intends to be a registered graduate shall make an application to the | Registrar in such form and make payment of such fees, as may be prescribed by the Statutes and the Registrar shall, after making such inquiry as he thinks fit, decide whether the person is entitled to be a registered graduate.

3 Ll (3) If any dispute arises as to whether a person is entitled to have his name entered in a ff’ fil the register of graduates, it shall be decided by the Vice-Chancellor after making or ?;: :pi causing to be made such inquiry as he thinks fit and his decision shall be final.

1!; g' (4)The Chancellor may, on the recommendation of the Board supported by a majority of il; ?fl not less than two-third of its members present at its meeting but such majority 4" comprising not less than one-half of total members of the Board, remove the name of §| 1 any person from the register of graduates for such period as the Chancellor thinks fit, if % such person has been convicted by a court for any offence which, in the opinion of the b Board, is a serious offence involving moral turpitude.

(5) No action under the sub-section (4) shall be taken unless the person concerned is given an opportunity of being heard.

CHAPTER IX FINANCE

43. (1) All grants and loans received from the State Government, the Central Government, the University Grants Commission and from any other source, all revenues of the University, all fees received, all income such as rent and profits derived from properties and funds vested in the University, all endowments and donations received from any source whatsoever, all other miscellaneous receipts of the University and deposits, remittances and service of funds, received in connection with the affairs of the Universify ' shall form one consolidated fund called * Odisha University of Health Sciences Fund” and "’i * shall be utilized for the purposes and in the manner laid down in this Act and the Statutes:

(L Provided that separate accounts may be maintained for specific purposes.

E (2) All moneys in the Odisha University of Health Sciences Fund shall be kept in any ”]1 scheduled nationalized Bank.

| 3:‘ (3) The University may invest such part of the money of the Odisha University of Health ; Sciences Fund, as it may deem fit, in Government securities or securities guaranteed by the Government of India with prior approval of the Board.

(4) The custody of the Odisha University of Health Sciences Fund, the payment of \I money therein, the withdrawal of money therefrom and all other ancillary matters shall be regulated by the Statutes.

4 (5) The University shall establish the following accounts, namely:— il (i) general fund ;

g [ — — B P e I e e e e e e T L T y M ’ fl _ — B e S T - | S oy e i - R T I N S A R A e i l b l B R t e l e e e e i S R S e aT e T T e P T P P Ly T R S —— T A L S S N TR e y L = S A .

S T RN 1 / = e y - - = e oy R G o e R T T R S e i S T A S T S e S OO Y im e T e T I U t y e g t & oy o e 80 0 7 g e S s e = e e = S o f e S e— " A S = b 45

(ii) salary fund;

(i) trust fund;

(iv) development and programme fund:;

(V) research fund;

(vi) contingency fund; and

(vii) any other fund which, in the opinion of the University, is deemed necessary.

(6) The following shall form part of or be paid into the general fund, namely:—

(i) any non-salary contribution or grant, received from the State Government or the Central Government or the University Grants Commission:

(i) all incomes of the University from any source whatsoever, including income from fees and charges;

(iiiyany sums borrowed from the banks or any other agency, with the permission of the State Government;

(iv)sum received from any other source or agency.

(7) The salary fund shall consist of all amounts received from the State Government, Central Government or the University Grants Commission towards full or part payment of the salary and allowances and no amount from this fund shall be utilized for a purpose other than payment of salary and allowances.

(8) All income or money from trusts, bequests, donations, endowments, subventions and similar grants shall form the trust fund.

(9) The development and programme fund of the University shall consist of all infrastructure development grants received from the State Government, all contributions made by the University Grants Commission for development and research, grants received from other funding agencies of the Central Government, United Nations and its affiliates, other international agencies, industries, banks and financial institutions or persons but no amount from this fund shall be appropriated to any other fund of the University or expended for any other purpose ; '

(10) The development and programme fund shall be utilized in the manner consistent with the object of the programmes for which a suitable code will be adopted to include the guidelines of the funding agency on expenditure and audit, to be granted and approved by the Board.

fi in g t y % | P l T Z I T E a a R T L L Y S AR A T L e e < e N S T R v L t X WA / A L i i — — a e , B l e M o et W = u E it g l g Sr rT is ge e o s e e - A o , & L R ) R e S SR R e A P .

' w - m w m m r :

m T T YT ot S S SR y ST © S S s Y o S t B T s P y s A s, S —, i t R e v B o 1 I A l i l e A A FULIR 4 | i P ;_'" : g i i 46

(11) The research fund shall be utilized for research activities which shall consist of any sum received from Government of India, Government of Odisha, any Autonomous Institute, International Research Agencies or any other Agencies, Body or authority for the purpose of undertaking research activity.

(12) The University shall have and maintain a contingency fund under a separate head of the University accounts which shall be used only for the purposes of meeting any unforeseen expenditure.

(13) Surplus moneys at the credit of these funds, which cannot immediately or at any early date be applied for the purposes aforesaid, shall, from time to time, be deposited in the banks.

as may be fixed by the State Government from time to time.

(2) The State Government may pay to the University such other grants, subject to such conditions as they think fit for specific purposes.

. Bypget 45. (1) The annual budget estimates along with the financial statements of the University for ensuing financial year shall be prepared by the Comptroller of Finance and presented to Finance Committee, under the direction of the Vice-Chancellor before such dates as may be prescribed by the Statutes, for approval.

(2) The annual budget estimates and the Financial statement as approved by the Finance Committee, shall be presented to the Board for consideration.

(3) The Board shall have no power to reject the Budget, but it can make suggestions and amendments to the Budget and return the same to the Finance Committee for consideration.

(4) The Finance Committee may accept or reject the recommendation of the Board with justification.

(5) The Finance Committee shall forward copies of financial estimates or statements aé approved to the Chancellor and the State Government.

46. (1) The accounts of the University shall be audited at least once in very year and in any case within six months of the closing of the financial year by the auditors appointed by the Board from among the firms of Chartered Accountants whose partners have A i y T S T R S R ps tl i LS = B A e e A L S I S T t - 2 y e L e e it A - 0 o e D T ST T e S P S E E e e e o y Tat e o t e e % L = e R gy e e .

- 47 no interest in any of the authorities or affairs of the University.

(2) The audited accounts shall be published by the University and a copy thereof together with the copy of the auditor’s report shall be placed before the Board and submitted to the Chancellor and the State Government.

47. (1) The State Government shall appoint auditors to conduct the audit of the accounts of the University and the institutions under the management of the University at regular intervals.

(2) The auditors shall maintain a continuous audit of the accounts of the University and may, after giving due intimation, conduct local audit of any institution affiliated to the University,

(3)The University shall bear the cost of the audit as fixed by the State Government.

(4)After completing the audit for a year or for any short period or for any transaction or series of transactions, the auditor shall send a report to the University and‘a duplicate copy thereof to the State Government.

(9) The auditors shall specify in the report under sub-section (4), all cases of irregular, illegal or improper expenditure or of failure to recover moneys or other property due to the University or of a loss or waste of money or other property thereof caused by neglect or misconduct of the officers and authorities of the University.

(6)The auditors shall also report on any other matter related to the accounts of the University as may be referred by the State Government.

(7)The University shall forthwith rectify any defect or irregularity pointed out by the auditors and report the action taken to the State Government within a specified time as may be prescribed in the statute.

48. (1) The Academic Council shall prepare the annual report of the University containing such particulars as the State Government may specify covering each financial year and, before its final approval, it shall be presented to the Board for its review on or before such date as may be prescribed by Statutes. |

(2) Copies of the annual report and the annual account shall be sent to the State Government and the State Government shall place before the Odisha Legislative Assembly.

i 48

CHAPTER X MISCELLANEOUS g::m&?e 49. (1) There shall be a Grievances Committee in the University to deal with the grievances ' of employees of the University, to hear and settle grievances as far as practicable within a reasonable period of not more than six months, and the committee shall make a report to the Board.

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

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

(a) the Vice-Chancellor—Chairperson;

(b) three members of Academic Council nominated by the members of the Board; and

(4) The procedure for receiving complaints and settlement thereof shall be as may be prescribed by the Statutes.

Exclusion of 90. (1) Notwithstanding anything contained in any other law, no University except the \ | jurisdiction | ?ffifiiity University established by law, by parliament, deemed University in the State and the and other * Odisha bodies. Veer Surendra Sai Institute of Medical Science and Research Act, 2014, other than the Act6of 2014 University established under this Act, shall grant affiliation to any college or institution which offers course of study in the field of health Sciences and other allied subjects, after the commencement of this Act :

Provided that nothing in this section shall, save as otherwise provided in this Act, apply to any institution or University established by law or of a deemed University within the meaning of section 3 of the University Grants Commission Act, 1956 which is directly 3of 195 managed, controlled and financed by such University or deemed University. |

(2) Save as provided in sub-section (1) and notwithstanding anything contained in any other law for the time being in force, no authority or Board by whatever name called, other than the University established under this Act, shall grant a degree, diploma, certificate or license in the field of health sciences and other allied subjects after 4 - 49 commencement of this Act.

& g;ag:trol ofthe 51. (1) Without prior approval of the Government, University shall not,— “.;I" .a e Efamment. (a) create any new post of officers or other employees ;

(b) revise pay, allowances, post-retirement benefits and other benefits of its officers and other employees ;

(c) grant any special pay, allowance or other extra remuneration of any description whatsoever including ex-gratia payment or other benefits having financial implications, to any of its officers or other employees ;

(d) divert any earmarked funds received for any purpose other than that for which it was received;

(e) incur expenditure on any developmental work from the funds received from the State Government or the University Grants Commission or any person or body for the purposes other than the purposes for which the funds are received ;

(f)take any decision regarding affiliated colleges resulting in increased financial liability, direct or indirect, for the State Government; and

(g) Any other matter as may be prescribed in the statute.

(2) The University shall be competent to incur expenditure without prior approval of the State Government from the funds received from ;—

(a) various funding agencies without any share or contribution from either the State Government or Central Government ;

(b) fees for academic programmes started on self-supporting basis ;

(c) contributions received from the individuals, industries, institutions, organizations or any person whosoever, to further the objectives of the University ;

(d) contributions or fees for academic or other services offered by the University ;

(e) development fund, if any, established by the University for the purposes - % - W W L - = A R T e e N Wi i B A T TO r W T y T N - Ty .

r B 2 a T = | - T W o 0 W e e l Ua R o - ™ B o s L A s B R e L i ) 4 P N b - t | & At F g vy TP s ¥ oy i AL st I - San o 2 " ws on ~ .

s v O s A ALY L s = ¥ S - e S batal AL v s e R A R G R SR R R I R R T Y R T P S TR G AN S BB R 1 a —t | 5 " i = i - A T T s t T I J e -t of,—

(i) starting any academic programme on self-supporting basis ;

(i) incurring expenditure on any development work :

Provided that there shall not be any financial liability, direct or A T S A T P B A — r t 3 A T S N e e s Y T S e A i - “ " - "- ‘.

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|| to decide ' disputes.

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w z fi * & # & - h W L E Y T o i e y .

A T e G R S T Chancellor 50 indirect, immediate or future to the State Government for incurring such expenditure.

Provided further that all such expenditures shall be as per the regulations as may be prescribed by the University.

(3) In case of failure of the University to exercise powers or perform duties as specified in this Act and Statutes to be framed or where the University has not exercised such powers or performed such duties adequately or where there has been a failure to comply with any order issued by the State Government, the State Government may, on making such enquiry as it may deem fit, issue a directive to the University for proper exercise of such powers or performance of such duties or comply with the order and it shall be the duty of the University to comply with such direction.

52. (1) It shall be the duty of every authority or officer of the University to ensure that the interests of the University are duly safeguarded.

(2) If it is found that a damage or loss has been caused to the University by any action on the part of any authority or officer of the University not in conformity with the provisions of this Act, Statutes, Ordinances or Regulations, except when done in good faith, or any failure so as to act in conformity thereof, by willful neglect or default on its or his part, such damage or loss shall be liable to be recovered from the authority or the concerned members thereof jointly or severally, or from the officer concerned, as the case may be, in accordance with the procedure prescribed by the Statutes.

53. If any question arises regarding the interpretation of any provision of this Act or of any Statutes, Ordinances or Regulations as to whether a person who has been duly nominated or appointed or is entitled to be a member of any authority or Committee of the University, the matter may be referred, on petition by any person or body directly affected, or suomotu by the Vice -Chancellor to the Chancellor who shall after taking such advice as deemed necessary, decide the question in consultation with the State Government and such decision shall be final :

Provided that such reference shall be made by the Vice-Chancellor to the Chancellor upon a requisition signed by not less than twenty-five members of the Board.

4 of action ' taken in ¢ good faith.

& . Proceedings 4 of the & University 4 not to be ' linvalidated.

3| -Duties of 2 -officers and % employees & lin %!/ 'connection i with the University D S R T K B L7 S ® e y S 0

T o i T R e P R L 4| examination.

51 " Protecon 54, No suit or other legal proceedings shall be instituted against or damages claimed from the University or its officers, authorities or bodies for anything which is done in good faith or intended to be done or any orders passed in good faith in pursuance of the provisions of this Act or the Statutes, Ordinances, Regulations, Bye-Laws and order made thereunder.

09. No act or proceeding of the Board, Academic Council or any other authority or anybody or committee of the University including the committee appointed by the Chancellor for the appointment of a Vice-Chancellor, shall be deemed to be invalid at any time merely on the ground that,—

(a) any of the members of any such authority, body or committee are not duly nominated, appointed, or for any other reason are not available to take office at the time of the constitution or to attend any meeting thereof or any person is a member in more than one capacity or there is any other defect in the constitution thereof or there are one or more vacancies in the offices of members thereof ; or /

(b) there is any irregularity in the procedure of any such authority, body or committee not affecting the merits of the matter under consideration.

56. (1) It shall be the duty of a teacher or a member of the non-teaching staff of an affiliated institution or an officer or other employee of the University to do any work in connection with an examination conducted by the University which he is required by the competent officer or authority of the University so to do.

(2) If any teacher or member of the non-teaching staff of an affiliated institution or any officer, or other employee of the University refuses, without sufficient cause to the satisfaction of,—

(a)in the case of a teacher or a member of the non-teaching staff of an affiliated institution, an officer not below the rank of Director of Medical Education or Ayush, as the case may be, authorized by the State Government in this behalf ;

and

(b) in the case of an officer or other employee of the University, the Vice- Chancellor ;

to do any work in connection with an examination conducted by the 52 University, when required to do so by the competent officer or authority of the University, he shall without prejudice to any other action that may be taken against him, by order forfeit his pay and allowances for a period of two months commencing on the date of commencement of the examination.

Explanation :—Failure to comply with the requisition of the competent officer or authority of the University shall be deemed to be refusal for the purposes of this subsection.

“ i (3) No order of forfeiture shall be made under sub-section (2) without giving the S I A T N S S R R S ' P M ‘ :

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fl - — person who may be affected thereby an opportunity of being heard.

(4) Any person aggrieved by an order referred to in sub-section (2) may, within sixty days from the date on which a copy of such order is served on him, appeal to the State T N S = T Government and the State Government may, after giving the parties an opportunity of being heard and after such further enquiry as may be necessary, pass such order thereon as it deems fit.

e = r e g o S i S e g 3 ? Sfé‘;’!?.‘é’és &7. (1) Save as otherwise provided by or under this Act, the condition of service of every salaried officer and staff of the University shall be regulated by existing rules of the : State Government governing the field and shall be appointed by a written order.

| (2) The written order shall be lodged with the Registrar and a copy thereof shall be i furnished to the officer or staff concerned.

i gfav:gr ofthe 58. (1) The State Government shall have the right to cause an inspection to be made || Govemment by such person or persons as it may direct, of the University, its buildings, laboratories, ;Ji’r}";"é"“m ° libraries, hospitals and equipments and of an institution recognized or approved by or | Tnersy - offiliated to that University, and also of the work conducted by the University and to cause an enquiry to be made in respect of any matter connected with the University. -

(2) The State Government may, before taking any action under sub-section (1), either give notice to the University of their intention to cause such inspection or enquiry to be made and the University shall be entitled to be represented there at.

(3) The State Government shall communicate to the Board the result of any inspection or enquiry made under sub-section (1) and may after ascertaining the opinion of the Board thereon convey their views to the Board.

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I i t 53

(4) The State Government may after considering the views of the Board on the result of any inspection or inquiry under sub-section (1) advise the University for the action to be taken in the matter.

(5) The Board shall report to the State Government the action, if any, which is proposed to be taken, or has been taken, upon the result of an inspection or inquiry under subsection (1).

(6) A report under sub-section (5) shall be submitted with the opinion of the Board thereon and within such time as the State Government may direct.

(7) Where the Board does not, within a reasonable time, take any action referred to in sub-section (4) to the satisfaction of the State Government, the State Government may, after considering any explanation furnished or representation made, by the Board in the matter, issue such directions as they may think fit, and the Board shall comply with such directions.

— 54 8 CHAPTER XI il TRANSITORY PROVISIONS - Tansitoy 59, (1) It shall be the duty of the first Vice-Chancellor appointed under this Act to make arrangements for constituting the Board and other authorities of the University within six months from the date of commencement of this Act or such longer period not exceeding one year as the State Government may, by naotification direct.

(2) Notwithstanding anything contained in this Act and until an authority is duly constituted under this 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. :

saving. 60.(1) On and from the appointed date, the provisions of the Odisha University Act, 1989 ?i;

shall cease to apply to and in respect of the colleges, institutions disaffiliated from other Universities and affiliated to the University under the provisions of section 34.

(2) Such cessation shall not affect,-

(a)the previous operation of said Act, or

(b)any penalty, forfeiture or punishment incurred in respect of any offence committed under that Act, or

(c)any investigation, legal proceedings or remedy in respect of such penalty, forfeiture or punishment, and any such investigation, legal proceeding or ; remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.

";"f"'g‘::gt's ‘6/1.(1) If any difficulty arises in giving effect to the provisions of this Act, the State 3{;fimmes, Government may, within a period of two years from the date of commencement of this Act, by order, published in the Odisha Gazette, make such provisions not inconsistent with this Act, as it appears to be necessary or expedient for removing the doubt or difficulty. CLLUY\J/D Q‘EL‘ Clawte )

(2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislature.

By Order of the Governor PRAMOD KUMAR NANDA Principal Secretary to Government |/C Printed and Published by the Director, Printing, Stationery and Publication, Cdisha, Cuttack-10 ! OGP/SBP Ex.Gaz.1232-173+380 .

) THE ODISHA UNIVERSITY OF HEALTH SCIENCES ACT, 2021 TABLE OF CONTENTS PREAMBLE:

SECTIONS: 1

CHAPTER | PRELIMINARY

1. Short title, extent and commencement.

2. Definitions.

CHAPTER I THE UNIVERSITY

3. Establishment and incorporation of the University.

4. Objects of the University.

o. The Powers and Functions of the University.

6. University open to all.

CHAPTER Il THE CHANCELLOR AND OFFICERS OF THE UNIVERSITY

7. The Chancellor.

8. Officers of the University.

9. Appointment of the Vice-Chancellor.

10. Powers of Vice-Chancellor.

11. Appointment, Powers and functions of the Registrar.

12. Appointment, Powers and functions of the Controller of Examinations.

13. Appointment, Powers and functions of the Comptroller of Finance.

14. Appointment, Powers and functions of Director Curriculum.

15. All appointments to be notified.

CHAPTER IV AUTHORITIES OF THE UNIVERSITY 18 Authorities of the University.

*7. The Executive Board.

18. The Powers and Functions of Executive Board.

3. The Academic Council.

20. Powers and Functions of the Academic Council.

21. The Board of Studies.

22. Power and Functions of the Board of Studies.

23. The Finance Committee.

24. The University Quality Assurance Council.

25. General provisions regarding authorities of the University.

CHAPTER YV STATUTES, ORDINANCES, REGULATIONS AND BYE-LAWS

26. Statutes.

27. Procedure for making Statutes.

28. Ordinance.

29. Procedure to make Ordinance.

30. Regulations.

31. Bye- Laws and Orders.

CHAPTER VI ADMISSIONS AND OTHER MATTERS RELATING TO STUDENTS

32. Admission and Examination.

33. Selection of students for sports, cultural and other activities.

CHAPTER VII PERMISSION, AFFILATION AND RECOGNITION OF COLLEGES AND INSTITUTIONS

34. Transfer of affiliation of existing institutions.

35. Affiliation and recognition.

36. Procedure of permission.

37 Continuation of affiliation.

22 Submission of reports and inspection.

25 Wanhdrawal of affiliation.

20 Ciosure of College Institution.

CHAPTER VIII ENROLMENT, DEGREES AND CONVOCATIONS 44 Teaching, Training and Research.

42 Registered Graduates.

CHAPTER IX FINANCE

43. University Fund.

44 Grants from the State Government.

45. Budget.

46. Internal Audit.

47. Audit.

48. Annual Report.

CHAPTER X MISCELLANEOUS

49. Grievance Committee.

51. Control of the State Government.

52. Duties of Authorities

53. Chancellor to decide disputes.

54. Protection of action taken in good faith.

55. Proceedings of the University not to be invalidated.

yees in connection with the University.

56. Duties of officers and emplo

57. Conditions of Service.

58 Power of the State Government to cause inspection of the University.

CHAPTER Xl TRANSITORY PROVISIONS 52_Transitory Provisions.

51. Removal of doubts and difficulties.

The Odisha University of Health Sciences Act, 2021

The enactment

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