Preliminary (ACT NO. 22 OF 2010)¹

(Received the assent of the Governor on the 15th September, 2010 and was published both in Hindi and English in the Rajpatra, Himachal Pradesh dated the 21st September, 2010, pp. 4936-4999).

An Act to provide for establishment, incorporation and regulation of Maharishi Markandeshwar University, Solan, Himachal Pradesh for higher education and to regulate its functioning and for matters connected therewith or incidental thereto.

Amended, repealed or otherwise affected by,-

(i) H.P. Act No. 14 of 2011² assented to by the Governor on the 22nd January, 2011, published both in Hindi and English in the Rajpatra, Himachal Pradesh on 28th January, 2011, pp. 8376-8377.

(ii) H.P. Act No. 21 of 2012³ assented to by the Governor on the 3rd May, 2012, published both in Hindi and English in the Rajpatra, Himachal Pradesh on the 5th May, 2012, pp. 826-831.

(1) This Act may be called the Maharishi Markandeshwar University (Establishment and Regulation) Act, 2010.

(2) It shall be deemed to have come into force on 16th of June, 2010.

S.2 Definitions

In this Act, unless the context otherwise requires,-

(a) "Board of Management" means the Board of Management constituted under section 19 of this Act;

(b) "campus" means the area of University within which it is established;

(c) "distance education" means education imparted by combination of any two or more means of communication, viz. broadcasting, telecasting, correspondence courses, seminars, contact programmes and any other such methodology;

(d) "employee" means any person appointed by the University and includes teachers and other staff of the University;

(e) "fee" means monetary collection made by the University or its colleges, institutions or study centers, as the case may be, from the students by whatever name it may be called, which is not refundable;

(f) "Government" or "State Government" means the Government of Himachal P

S.3 The objects of the University

The objects of the University shall include,-

(a) to provide instructions, teaching and training in higher education with a view to create higher levels of intellectual abilities;

(b) to establish facilities for education and training;

(c) to carry out teaching, research and offer continuing education programmes;

(d) to create centres of excellence for research and development relevant to the needs of the State and for sharing knowledge and its application;

(e) to establish campus in the State;

(f) to establish examination centres;

(g) to institute degrees, diplomas, certificates and other academic distinctions on the basis of examination or any such other method; while doing so, the University shall ensure that the standards of degrees, diplomas, certificates and other academic distinctions are not lower than t

S.4 Incorporation

(1) The first Chancellor and the first Vice-Chancellor of the University and the first members of the Governing body, Board of Management and the Academic Council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of Maharishi Markandeshwar University, Solan, Himachal Pradesh.

(2) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.

(3) The University shall be situated and have its headquarters at Kumarhatti-Solan, Himachal Pradesh.

S.5 Powers and functions of the University

(1) The University shall have the following powers and functions, namely:-

(i) to provide for instructions in such branches of learning as the University may, from time to time, determine, and to make provision for research and for advancement and dissemination of knowledge and for extension of education;

(ii) to conduct innovative experiments in modern methods and technologies in the field of technical education in order to maintain international standards of such education, training and research;

(iii) to organize and to undertake extra-mural teaching and extension services;

(iv) to hold examinations and grant diplomas and certificates to and confer degrees and other academic distinctions on persons, subject to recognition by any statutory body under any law, if required, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and suf

S.6 University to be self-financed

The University shall be self-financed and it shall not be entitled to receive any grant or other financial assistance from the Government.

S.7 No power of affiliation

The University shall have no power to affiliate or otherwise admit to its privileges any other institution.

S.8 Endowment Fund

(1) The sponsoring body shall establish an Endowment Fund for the University with an amount of three crore rupees which shall be pledged to the Government.

(2) The Endowment Fund shall be kept as security deposit to ensure strict compliance of the provisions of this Act, rules, regulations, statutes or ordinances made thereunder.

(3) The Government shall have the powers to forfeit, in the prescribed manner, a part or whole of the Endowment Fund in case the University or the sponsoring body contravenes any of the provisions of this Act, rules, statutes, ordinances or regulations made thereunder.

(4) Income from Endowment Fund shall be utilized for the development of infrastructure of the University but shall not be utilized to meet out the recurring expenditure of the University.

(5) The amount of Endowment Fund shall be kept invested, until the dissolution of the University, by wa

S.9 General Fund

University shall establish a fund, which shall be called the General Fund to which following shall be credited, namely:-

(a) fees and other charges received by the University;

(b) any contribution made by the sponsoring body;

(c) any income received from consultancy and other works undertaken by the University;

(d) bequests, donations, 1[except from parents and students,] endowments and any other grants; and

(e) all other sums received by the University.

---------------------------------------------------------------------------------------

1. Inserted vide H.P. Act No. 14 of 2011.

S.10 Application of General Fund

The General Fund shall be utilized for the following purposes, namely:-

(a) for the payment of salaries and allowances of the employees of the University and members of the teaching and research staff, and for payment of any Provident Fund contributions, gratuity and other benefits to such officers and employees;

(b) for the expenses to be incurred by the University for services availed including services like electricity, telephone etc.;

(c) for the payment of taxes or local levies wherever applicable;

(d) for up keeping of the assets of the University;

(e) for the payment of debts including interest charges thereto incurred by the University;

(f) for the payment of travelling and other allowances to the members of the Governing Body, the Board of Management and the Academic Council etc.;

(g) for the payment of

S.11 Officers of the University

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

(i) the Chancellor;

(ii) the Vice-Chancellor;

(iii) the Registrar;

(iv) the Chief Finance and Accounts Officer; and

(v) such other persons in the service of the University as may be declared by the statutes to be the officers of the University.

S.12 The Chancellor

(1) The Chancellor shall be appointed by the sponsoring body for a period of three years, with the approval of the Government in such manner and on such terms and conditions as may be specified by the statutes.

(2) The Chancellor shall be the Head of the University.

(3) The Chancellor shall preside over at the meetings of the Governing Body and convocation of the University for Conferring Degrees, diplomas or other academic distinctions.

(4) The Chancellor shall have the following powers, namely:-

(a) to call for any information or record;

(b) to appoint the Vice-Chancellor;

(c) to remove the Vice-Chancellor in accordance with the provisions of sub-section (7) of section 13 of this Act; and

(d) such other powers as may be specified by the statutes.

S.13 The Vice-Chancellor

(1) The Vice-Chancellor shall be appointed by the Chancellor, on such terms and conditions as may be specified by statutes, from a panel of three persons recommended by the Governing Body and shall, subject to the provisions contained in sub-section (7), hold office for a term of three years:

Provided that after the expiry of the term of three years, a person shall be eligible for re-appointment for another term of three years:

Provided further that Vice-Chancellor shall continue to hold office even after expiry of his term till new Vice-Chancellor joins, however, in any case, this period shall not exceed one year.

(2) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall have the general superintendence and control over the affairs of the University and shall execute the decisions of various authorities of the University.

(3) The Vi

S.14 The Registrar

(1) The Registrar shall be appointed by the Chancellor in such manner and on such terms and conditions of service as may be specified by the statutes.

(2) The Registrar shall have power to enter into agreement, contract, sign documents and authenticate records on behalf of the University and shall exercise such powers and perform such duties as may be specified by the statutes.

(3) The Registrar shall be the Member-Secretary of the Governing Body, Board of Management and Academic Council, but shall not have the right to vote.

S.15 The Chief Finance and Accounts Officer

(1) The Chief Finance and Accounts Officer shall be appointed by the Chancellor in such manner and on such terms and conditions of service as may be specified by the statutes.

(2) The Chief Finance and Accounts Officer shall exercise such powers and perform such duties as may be specified by the statutes.

S.16 Other officers

(1) The University may appoint such other officers as may be necessary for its functioning.

(2) The manner of appointment of other officers of the University and their powers and functions shall be such as may be specified by the statutes.

S.17 Authorities of the University

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

(i) the Governing Body;

(ii) the Board of Management;

(iii) the Academic Council; and

(iv) such other authorities as may be declared by the statutes to be the authorities of the University.

S.18 The Governing Body

(1) The Governing Body of the University shall consist of the following, namely:-

(a) the Chancellor;

(b) the Vice-Chancellor;

(c) ¹ [three] persons, nominated by the sponsoring body out of whom two shall be eminent educationists;

(d) one expert of management or information technology from outside the University, nominated by the Chancellor;

(e) two persons, nominated by the Government; and

(f) two members of the State Legislative Assembly, to be elected by the State Legislature.

(2) The Governing Body shall be the supreme authority of the University.

(3) The Governing Body shall have the following powers, namely:-

(a) to provide general superintendence and directions and to control functioning of the University by using all such powers as are prov

S.19 The Board of Management

(1) The Board of Management shall consist of the following members, namely:-

(a) the Vice-Chancellor;

¹[(b) Deans of Faculties not exceeding two (by rotation based on seniority);

(c) two persons, nominated by the sponsoring body from amongst eminent educationists or from management field;

(d) two eminent academicians to be nominated by the Government in consultation with the Regulatory Commission;]

² [(e) two persons from amongst the teachers (from Professors, Associate Professors), by rotation based on seniority; and

(f) the Registrar shall be the Member Secretary.]

(2) The Vice-Chancellor shall be the Chairperson of the Board of Management.

(3) The powers and functions of the Board of Management shall be such as may be specified by the statutes.

(1) The Academic Council shall consist of the Vice-Chancellor and such other members as may be specified by the statutes.

(2) The Vice-Chancellor shall be the Chairperson of the Academic Council.

(3) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act and the rules, statutes and ordinances made thereunder, co-ordinate and exercise general supervision over the academic policies of the University.

(4) The quorum for meetings of the Academic Council shall be such as may be specified by the statutes.

S.21 Other authorities

The composition, constitution, powers and functions of other authorities of the University shall be such as may be specified by the statutes.

S.22 Disqualifications

A person shall be disqualified for being a member of any of the authorities or bodies of the University, if he,-

(a) is of unsound mind and stands so declared by a competent court; or

(b) is an undischarged insolvent; or

(c) has been convicted of any offence involving moral turpitude; or

(d) is conducting or engaging himself in private coaching classes; or

(e) has been punished for indulging in or promoting unfair practice in the conduct of any examination, in any form, anywhere.

S.23 Vacancies not to invalidate the proceedings of any authority or body of the University

No act or proceeding of any authority or body of the University shall be invalid merely by reason of any vacancy or defect in the constitution thereof.

S.24 Filling of casual vacancies

In case there occurs any casual vacancy in any authority or body of the University, due to death, resignation or removal of a member, the same shall be filled, as early as possible, by the person or body who appoints or nominates the member whose place become vacant and person appointed or nominated to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been member.

S.25 Committees

(1) The authorities or officers of the University may constitute committees with such terms of reference as may be necessary for specific tasks to be performed by such committees.

(2) The constitution of such committees and their duties shall be such as may be specified by the statutes.

S.26 The first statutes

(1) Subject to the provisions of this Act, and the rules made thereunder, the first statutes of the University may provide for all or any of the following matters, namely:-

(a) the constitution, powers and functions of the authorities and other bodies of the University as may be constituted from time to time;

(b) the terms and conditions of appointment of the Vice-Chancellor and his powers and functions;

(c) the manner of appointment and terms and conditions of service of the Registrar and Chief Finance and Accounts Officer and their powers and functions;

(d) the manner of appointment and terms and conditions of service of the employees and their powers and functions;

(e) the terms and conditions of service of employees of the University;

(f) the procedure for arbitration in case of disputes between employees, students and the Univer

S.27 The subsequent statutes

(1) Subject to the provisions of this Act and the rules made thereunder, the subsequent statutes of the University may provide for all or any of the following matters, namely:-

(a) creation of new authorities of the University;

(b) accounting policy and financial procedure;

(c) representation of teachers in the authorities of the University;

(d) creation of new departments and abolition or restructuring of existing department;

(e) institution of medals and prizes;

(f) creation of posts and procedure for abolition of posts;

(g) revision of fees;

(h) alteration of the number of seats in different syllabi; and

(i) all other matters which under the provisions of this Act are to be specified by the statutes.

(2) The statutes of the University oth

S.28 The first ordinances

(1) Subject to the provisions of this Act or the rules or statutes made thereunder, the Board of Management may make such first ordinances with the approval of the Governing Body as it deems appropriate for the furtherance of the objects of the University and such ordinances may provide for all or any of the following matters, namely:-

(a) the admission of students to the University and their enrolment as such;

(b) the courses of study to be laid down for the degrees, diplomas and certificates of the University;

(c) the award of the degrees, diplomas, certificates and other academic distinctions, the minimum qualifications for the same and the means to be taken relating to the granting and obtaining of the same;

(d) the conditions for awarding of fellowships, scholarships, stipends, medals and prizes;

(e) the conduct of examinations, including the terms o

S.29 The subsequent ordinances

(1) All ordinances other than the first ordinances shall be made by the Academic Council which after being approved by the Board of Management shall be submitted to the Governing Body for its approval.

(2) The Academic Council shall either modify the ordinances incorporating the suggestions of the Board of Management and the Governing Body or give reasons for not incorporating the suggestions, and shall return the ordinances alongwith such reasons, if any, the Board of Management and the Governing Body shall consider the comments of the Academic Council and shall approve the ordinances of the University with or without such modification and then the ordinances, as approved by the Governing Body shall come into force.

S.30 Regulations

The authorities of the University may, subject to the prior approval of the Board of Management, make regulations, consistent with this Act, the rules, statutes and the ordinances made thereunder, for the conduct of their own business and of the committees appointed by them.

S.31 Admissions

(1) Admission in the University shall be made strictly on the basis of merit.

(2) Merit for admission in the University may be determined either on the basis of marks or grade obtained in the qualifying examination for admission and achievements in co-curricular and extra-curricular activities or on the basis of marks or grade obtained in the entrance test conducted at State level either by an association of the Universities conducting similar courses or by any agency of the State:

Provided that admission in professional and technical courses shall be made only through entrance test.

(3) Seats for admission in the University, for the students belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes and handicapped students, shall be reserved as per the policy of the State Government.

(4) At least 25% seats for admission to each course shall be reserved for studen

S.32 Fee structure

(1) The University may, from time to time, prepare and revise, its fee structure and send it to the Government for its approval ¹ [before 31st December of every preceding academic year alongwith the approval of courses granted by the Regulatory Commission] and the Government shall convey the approval within three months from the receipt of the proposal:

² [XXXXXXXXXXXXXXXXXXXXXX]

Provided that the fee structure for each course shall be decided before the issue of prospectus and shall be reflected in the prospectus:

Provided further that the fee structure shall not be revised or modified during the academic year.

(2) The fee structure prepared by the University shall be considered by a committee to be constituted by the State Government, in the manner as may be prescribed, which shall submit its recommendations to the Government after taking into consideration

S.33 Examinations

At the beginning of each academic session and in any case not later than 30th of August of every calendar year, the University shall prepare and publish a semester-wise or annual, as the case may be, Schedule of Examinations for each and every course conducted by it and shall strictly adhere to such Schedule:

Provided that if, for any reason whatsoever, University is unable to follow this Schedule, it shall, as soon as practicable, submit a report to the ¹ [Regulatory Commission] giving the detailed reasons for making a departure from the published Schedule of Examination. The ² [Regulatory Commission] may, thereon, issue such directions as it may deem fit for better compliance in future.

Explanation.- 'Schedule of Examination' means a table giving details about the time, day and date of the commencement of each paper which is a part of a Scheme of Examinations and shall also include the details about

S.34 Declaration of results

(1) The University shall strive to declare the results of every examination conducted by it within thirty days from the last date of the examination for a particular course and shall in any case declare the results latest within forty-five days from such date:

Provided that if, for any reason whatsoever, the University is unable to finally declare the results of any examination within the period of forty-five days, it shall submit a report incorporating the detailed reasons for such delay to the ¹ [Regulatory Commission]. The ² [Regulatory Commission] may, thereon, issue such directions as it may deem fit for better compliance in future.

(2) No examination or the results of an examination shall be held invalid only for the reasons that the University has not followed the Schedule of Examination as stipulated in section 33 and in this section.

--------------------------------------

S.35 Convocation

The convocation of the University shall be held in every academic year in the manner as may be specified by the statutes for conferring degrees, diplomas or for any other purpose.

S.36 Accreditation of the University

¹ The University shall obtain accreditation from the National Council of Assessment and Accreditation (NAAC), Bangalore, as per the guidelines issued by the National Assessment and Accreditation Council from time to time and inform the Government and such other regulating bodies which are connected with the courses taken up by the University about the grade provided by NAAC to the University and the University shall get renewed such accreditation after such period as may be prescribed.]

---------------------------------------------------------------------------------------

1. Section 36 substituted vide H.P. Act No. 21 of 2012.

S.37 University to follow rules, regulations, norms etc. of the regulating bodies

Notwithstanding anything contained in this Act, the University shall be bound to comply with all the rules, regulations, norms etc. of the regulating bodies and provide all such facilities and assistance to such bodies as are required by them to discharge their duties and carry out their functions.

S.38 Annual report

(1) The annual report of the University shall be prepared by the Board of Management which shall include among other matters, the steps taken by the University towards the fulfillment of its objects and shall be approved by the Governing Body and copy of the same shall be submitted to the sponsoring body.

(2) Copies of the annual report prepared under sub-section (1) shall also be presented to ¹ [the Regulatory Commission and] the Government.

---------------------------------------------------------------------------------------

1. Inserted vide H.P. Act No. 21 of 2012.

S.39 Annual accounts and audit

(1) The annual accounts including balance sheet of the University shall be prepared under the directions of the Board of Management and the annual accounts shall be audited at least once in every year by the auditors appointed by the University for this purpose.

(2) A copy of the annual accounts together with the audit report shall be submitted to the Governing Body.

(3) A copy of the annual accounts and audit report alongwith the observations of the Governing Body shall be submitted to the sponsoring body.

(4) Copies of annual accounts and balance sheet prepared under sub-section (1) shall also be presented to the ¹ [Regulatory Commission and the] Government.

(5) The advice of the ² [Regulatory Commission and the Government], if any, arising out of the accounts and audit report of the University shall be placed before the Governing Body and the Governing Bod

S.40 Powers of the Government to inspect the University

(1) For the purpose of ascertaining the standards of teaching, examination and research or any other matter relating to the University, the Government ¹ [or the Regulatory Commission] may, cause an assessment to be made in such manner as may be prescribed, by such person or persons as it may deem fit.

(2) The Government ² [or the Regulatory Commission, as the case may be,] shall communicate to the University its recommendations in regard to the result of such assessment for corrective action and the University shall take such corrective measures as are necessary so as to ensure the compliance of the recommendations.

(3) If the University fails to comply with the recommendations made under sub-section (2) within a reasonable time, the Government ³[or the Regulatory Commission, as the case may be,] may give such directions as it may deem fit which shall be binding on the University.

S.41 Dissolution of the University by the sponsoring body

(1) The sponsoring body may dissolve the University by giving a notice to this effect to the Government, the employees and the students of the University at least one year in advance:

Provided that dissolution of the University shall have effect only after the last batches of students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be.

(2) On the dissolution of the University all the assets and liabilities of the University shall vest in the sponsoring body:

Provided that in case the sponsoring body dissolves the University before ¹[fifty years] of its establishment all the assets of the University ²[including assets of the sponsoring body pertaining to the University] shall vest in the Government free from all encumbrances.

------------------------------------------------------------

S.42 Special powers of the Government in certain circumstances

(1) If it appears to the Government that the University has contravened any of the provisions of this Act or the rules, statutes or ordinances made thereunder or has contravened any of the directions issued by it under this Act or has ceased to carry out any of the undertakings given or a situation of financial mis-management or mal-administration has arisen in the University, it shall issue notice requiring the University to show cause within forty five days as to why an order of its liquidation should not be made.

(2) If the Government, on receipt of reply of the University on the notice issued under sub-section (1), is satisfied that there is a prima facie case of contravening all or any of the provisions of this Act or the rules, statutes or ordinances made thereunder or of contravening directions issued by it under this Act or of ceasing to carry out the undertaking given or of financial mis-management or mal-administration, it shall make a

S.43 Power to make rules

(1) The Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) matter to be prescribed under clause (d) of sub-section (4) of section 42; and

(b) other matters which are required to be, or may be, prescribed by rules under this Act.

(3) All the rules made under this Act shall be laid, as soon as may be after they are so made, before the State Legislative Assembly, while it is in session, for a period of not less than ten days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the successive sessions aforesaid, the Legislative Assembly agrees in making modification in any of such rules o

S.44 Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this Act.

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

S.45 Repeal of Ordinance No. 1 of 2010 and savings

(1) The Maharishi Markandeshwar University (Establishment and Regulation) Ordinance, 2010 is hereby repealed.

(2) Notwithstanding such repeal any action taken or anything done under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.