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State of Haryana - Act

Pandit Bhagwat Dayal Sharma University of Health Sciences Rohtak Act, 2008

HARYANA
India

Pandit Bhagwat Dayal Sharma University of Health Sciences Rohtak Act, 2008

Act 26 of 2008

Published on 18 August 2008
Commenced on 18 August 2008
[This is the version of this document from 18 August 2008.]
[Note: The original publication document is not available and this content could not be verified.]

Pandit Bhagwat Dayal Sharma University of Health Sciences Rohtak Act, 2008(Haryana Act No. 26 of 2008)Last Updated 23rd January, 2020[Dated 18.8.2008.]An Act to establish and incorporate a University of Health Sciences at Rohtak for the purposes of teaching and affiliating and ensuring proper and systematic instruction, training and research in modern systems of medicine and Indian systems of medicine and administration of Pandit Bhagwat Dayal Sharma Post Graduate Institute of Medical Sciences, Rohtak and for matters connected therewith or incidental thereto.Be it enacted by the Legislature of the State of Haryana in the Fifty-ninth Year of the Republic of India as follows:-

1. Short title and commencement.

(1)This Act may be called Pandit Bhagwat Dayal Sharma University of Health Sciences Rohtak Act, 2008.

(2)It shall come into force on such date, as the Government may, by notification in the Official Gazette, appoint.

2. Definitions.

- In this Act and in all Statutes, Ordinances and Regulations made thereunder, unless the context otherwise requires,-

(a)"academic course" means a course of study in any discipline of Health Sciences according to the syllabus and curriculum prescribed by University;

(b)"affiliated college" means a college or an institution admitted to the privileges of University under this Act;

(c)"appointed day" means the day appointed under subsection (2) of section 1;

(ca)"Dental College, Rohtak means the Postgraduate Institute of Dental Sciences, Rohtak;

(d)"Department" means a unit set up for the purpose of imparting instructions for courses of study in Health Sciences or any discipline allied thereto;

(e)"Director" means the head of Pt. B.D. Sharma PGIMS;

(f)"employee" means any person appointed by University including teachers and other staff;

(g)"Government" means the Government of the State of Haryana;

(h)"Head of Department" means a senior most Faculty member/teacher in respective specialty/super-specialty/ subject/ discipline in University, an institution or an affiliated college;

(i)"Health Sciences" means the modern systems and Indian Systems of medicine and all their branches concerning preventive, promotive, curative and rehabilitative services;

(j)"hostel" means a unit of residence for the students;

(k)"Indian Systems of Medicine" shall, for the purpose of this Act, include Ayurveda, Unani, Siddha, Homeopathy, Naturopathy, Yoga and such other disciplines, as may be prescribed;

(l)"institution" means any hospital, center or other institution providing training for degree, diploma or other academic distinction approved by University;

(m)"Modern System of Medicine" includes all branches of modern medicine and dentistry dealing with pre- clinical, para-clinical, clinical, para-medical and para-dental disciplines at the degree or diploma level or above and such other disciplines, as may be prescribed;

(n)"prescribed" means prescribed by the Statutes, Ordinances and Regulations made under this Act;

(o)"principal" means the head of an institution or an affiliated college and includes, when there is no principal, a viceprincipal and in the absence of the principal or the viceprincipal, the person for the time being duly appointed to act as the principal;

(p)"professional council" means a professional council such as Medical Council of India, Dental Council of India, Indian Nursing Council etc. pertaining to any Health Sciences discipline constituted under State Act or Central Act;

(q)"Pt. B.D. Sharma PGIMS " means Pandit Bhagwat Dayal Sharma Post Graduate Institute of Medical Sciences, Rohtak including, Nursing, Pharmacy and other such colleges maintained by Pt. B.D. Sharma PGIMS;

(r)"recognized teacher" means a person as is recognized by University for the purpose of imparting instructions in an affiliated college or institution;

(s)"Schedule" means Schedule appended to this Act;

(t)"State" means the State of Haryana;

(u)"Statutes", "Ordinances" and "Regulations" mean respectively the Statutes, Ordinances and Regulations of University made under this Act;

(v)"student" means a person enrolled in University or one of its affiliated colleges or institutions for taking a course of study for a degree, diploma or other academic distinction duly instituted by University;

(w)"teacher" includes Director, Dean, Medical Superintendent (if from teaching Faculty), Principal, Senior Professor, Professor, Associate Professor / Reader, Assistant Professor/Lecturer and such other persons imparting instructions on full time basis in University or affiliated college or institution, as may be prescribed;

(x)"University" means Pandit Bhagwat Dayal Sharma University of Health Sciences, Rohtak, established under this Act;

(y)"University Grants Commission" means a commission established under section 4 of University Grants Commission Act, 1956 (Central Act 3 of 1956).

3. Incorporation.

(1)There shall continue to be a body corporate by the name of Pandit Bhagwat Dayal Sharma University of Health Sciences, Rohtak comprising the Chancellor, the Vice-Chancellor and the Pro Vice-Chancellor of University, the Director and the members of the Court, the Executive Council, Academic Council, and all persons, who may hereafter become or be appointed as such officers or members, so long as they continue to hold such office or membership.

(2)The University shall have perpetual succession and a common seal with power to acquire, hold and dispose of property both movable and immovable and to contract and may by the said name sue or be sued through its Registrar.

4. Territorial exercise of powers.

(1)The University shall exercise its powers throughout the State.

(2)Notwithstanding anything contained in any other State law for the time being in force, any institution or any college situated within the State on the date of commencement of the Act, be deemed to be associated with, and admitted to the privileges of University and shall cease to be associated in any way with, or be admitted to, any privileges of any other university and different dates may be notified for different colleges or institutions:Provided that-

(i)any student of any institution or college associated with, or admitted to, the other university before the said date, who was studying for any degree or diploma examination of that university, shall be permitted to complete his course in preparation thereof and University shall hold for such students examinations in accordance with the curricula of study in force in that university for such period as may be prescribed by the Statutes, Ordinances and Regulations;

(ii)any such student may, until any such examination is held by University, be admitted to the examination of the other university and be conferred the degree, diploma or any other privilege of that university for which he qualifies on the result of such examination.

5. Bar on conferring, granting or issuing degrees, diplomas or certificates by unauthorized institutions.

(1)Notwithstanding anything contained in this Act or any other State law for the time being in force, no person or institution, other than University, shall confer, grant or issue or hold himself or itself out as entitled to confer, grant or issue any degree, diploma or certificate in the specialized area of knowledge assigned to it within the territorial jurisdiction of University which is identical with or is a colourable imitation of any degree, diploma or certificate conferred, granted or issued by University.

(2)The contravention of the provisions of sub-section (1) shall be a cognizable offence punishable with imprisonment upto two years or with fine upto two thousand rupees or with both and shall also be dealt with as per the Regulations laid down in this regard keeping in view the orders and guidelines issued by the competent authorities and academic bodies such as the Government and the University Grants Commission.

(3)Where an offence under this section has been committed by a college or an institution, every person incharge of and responsible to, the college or an institution for the conduct of its business at the time of the commission of the offence, shall be liable for the offence and shall also be liable to be proceeded against as per Regulations.

(4)Notwithstanding anything contained in sub-section (2), where an offence under this section has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any partner, director, manager, secretary or other officer of the company, such partner, director, manager, secretary or other officer shall be liable for the offence and shall also be liable to be proceeded against by the University as per Regulations.Explanation: - For the purpose of this section 'company' means anybody corporate and includes a firm or other association of individuals.

6. Teaching of University.

- All teaching in University shall be conducted by and in the name of University, in accordance with the Statutes, Ordinances and Regulations made in this behalf.

7. Transfer of Pt. B.D. Sharma PGIMS.

- Notwithstanding anything contained in the Maharshi Dayanand University Act, 1975 (25 of 1975) and the Statutes made thereunder or any other State law,-

(a)Pt. B.D.Sharma PGIMS shall with effect from the appointed day cease to be an affiliated college of the Maharshi Dayanand University, Rohtak and shall stand transferred to University;

(b)the control and management of all properties and assets pertaining thereto which were in existence at the time of the said transfer, together with any accretions and accessories thereto, shall stand transferred from Government and vest in the said University;

(c)The ownership of all properties and assets which were in existence at the time of the said transfer together with any accretions and accessories thereto, pertaining to Pt. B.D. Sharma PGIMS whether acquired or created out of grants from the Government or otherwise, shall continue to vest in the Government. Any cash balances held by the Government, in the name of the institution or on its account, whether in deposit, with any bank or otherwise, shall stand transferred from the Government and vest in the University;

(d)all rights, powers and privileges, duties, debts, liabilities and obligations of the Government, contractual or otherwise, arising or accrued or incurred in relation to the affairs of any of the institutions shall stand transferred to University;

(e)any doubt or difference in regard to whether any asset or liability stands transferred under the foregoing clauses shall be referred to the Government, whose decision thereon shall be final;

(f)all references in any will, deed or other documents, whether made or executed before or after the appointed day, which contains any bequest, gift, endowment or trust in favour of Government for the purpose of Pt. B.D. Sharma PGIMS shall stand transferred to University;

(g)any student of Pt. B.D. Sharma PGIMS who immediately prior to the appointed day was studying for any examination of the Maharshi Dayanand University, Rohtak, shall continue his academic year as a student of the then university and be permitted to complete his courses in preparation thereof and be admitted to the examination;

(h)members of Faculty elected by Maharshi Dayanand University, Rohtak for various councils like Dental Council of India, Medical Council of India etc. shall continue till the expiry of their respective term.

8. Utilization of assets etc.

- The properties, assets and rights transferred to University by virtue of section 7 shall continue to be utilized for the purposes of which they were being utilized or were intended to be utilized immediately before the appointed day.

9. Transfer of services of employees of Pt. B.D. Sharma PGIMS to University.

- Subject to the provisions of this Act, every person who was employed in Pt. B.D. Sharma PGIMS on and before the commencement of this Act, shall become an employee of University and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters, as he would have held, if this Act had not been enacted and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly varied in accordance with this Act or Statutes made thereunder.

10. Responsibilities and objects.

- Following shall be the objects of University, namely:-

(i)to administer, manage and advance Pt. B.D. Sharma PGIMS and monitor and regulate the functions of affiliated colleges and institutions;

(ii)to establish uniformity in standards of education in all Faculties;

(iii)to promote research in various disciplines of Health Sciences with special focus on social and economic relevance of such research and with emphasis on occupational and environmental health issues affecting the people;

(iv)to establish and develop study centers integrating all disciplines relevant to health sciences;

(v)to promote the development and use of information technology as part of technological infrastructure;

(vi)to attain high standards of academic excellence by providing the necessary physical infrastructure.

11. Powers and functions of University.

- The University shall exercise the following powers and perform the following functions, namely:-

(a)to provide facilities and promote studies and research in emerging areas of medical education, including new frontiers of bio-medical science and technology, clinical therapeutics, bio-engineering and other areas of medicine and to achieve excellence in these and connected fields;

(b)to hold examinations and grant degrees, diplomas and other academic distinctions or titles to persons in the fields of emerging areas of medical education, including new frontiers of medical science, bio-medical technology etc. as laid down in the Statutes, Ordinances or Regulations;

(c)to confer honorary degrees or other distinctions on a approved person in the manner laid down in the Statutes;

(d)to institute prizes, medals, research studentship and fellowships;

(e)to receive gifts, donations or benefactions from the Government and to receive gifts, donations and transfers of movable or immovable property from transferors, donors, testators, as the case may be, and to create such corpus fund with the donations so received for the welfare of University;

(f)to institute principalship, headship of department, senior professorship, professorship, associate professorship/readership, assistant professorship / lecturership, and to create other posts of any description required by University and to appoint persons to such posts;

(g)to co-operate with educational and other institutions in India and abroad having objectives similar to those of University in such manner as may be conducive to their common goals;

(h)to provide instruction, including correspondence and such other courses, to such persons as are not members of University, as it may determine;

(i)to borrow with the approval of the Government, on the security of the property of University, money for the purposes of University;

(j)to supervise, control and regulate the residence, conduct and discipline of the students;

(k)to acquire, hold, manage, lease or dispose of any property, movable or immovable including trust and endowment properties, for the purpose of University;

(l)to assess the needs of the State and the country in terms of subjects, fields of specialization, levels of education and training of technical manpower, both on short and long term basis and to initiate necessary programmes to meet those needs;

(m)to promote research, design and development programmes in the field of Health Sciences that have relevance to social and health sector needs so that the sector is assured of the quality manpower, trained with the appropriate skills;

(n)to initiate measures to enlist the co-operation of private health sector providers, industries and the Government employers to provide complementary facilities;

(o)to provide for continuous experimentation in imparting knowledge, organization of training and preparation of textbooks and other instructional materials;

(p)to arrange for progressive introduction of continuous evaluation and reorientation of the subjective educational measurement;

(q)to further entrepreneurial ability among its students;

(r)to educate the public with regard to the requirement of, and opportunities in the profession of medical education, including new frontiers of bio-medical science and technology, clinical therapeutics, bio- engineering and other areas of medicine and its responsibilities and services to the society;

(s)any other function which University deems appropriate for promotion of education and research in Health Sciences etc.

12. Officers.

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

(i)the Chancellor;

(ii)the Vice-Chancellor;

(iia)the Pro Vice-Chancellor;

(iii)the Registrar;

(iv)the Director, Pt. B.D. Sharma PGIMS;

(v)Dean, Academic Affairs of University;

(vi)Dean, Pt. B.D. Sharma PGIMS;

(vii)Deans of Faculties;

(viii)Principal, Postgraduate Institute of Dental Sciences, Rohtak;

(ix)such other persons in the service of University, as may be declared, by the Statutes, to be the officers of University.

13. Chancellor.

(1)The Governor of Haryana by virtue of his office shall be the Chancellor of University.

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

(3)The Chancellor shall, if present, preside over the convocation of University for conferring degrees and meetings of the Court.

(4)The Chancellor shall have the right-

(i)to cause an inspection to be made, by such person or persons as he may direct, of the affairs and properties of University, its buildings, laboratories, libraries, museums, workshops, equipments etc.; and of any affiliated college or institution and also of examinations, teaching and other work conducted and done by University or in respect of any other matter connected with University;

(ii)to cause an inquiry to be made in like manner in respect of any matter connected with the administration of finances of University, or institutions.

(5)The Chancellor shall forward to the Vice Chancellor a copy of inspection report for obtaining the views of the Executive Council thereon, and on receipt of such views, the Chancellor may give such directions as he considers necessary and fix a time limit for the action to be taken by University.

(6)The Chancellor may, on the advice of the Government, cause an inquiry to be held in accordance with the principles of natural justice, and remove the Vice-Chancellor from office, if he is found on such inquiry, to be a person patently unfit to be continued in such office.

(7)The Chancellor shall, in every case, give notice to the University of his intention to cause an inspection or inquiry to be made and on receipt of such notice, the University shall have the right to make such representation to the Chancellor as it may consider necessary.

(8)After considering the representation, if any, made by the University, the Chancellor may cause to be made such inspection or inquiry as is referred to in sub-section (4).

(9)Where any inspection or inquiry has been caused to be made by the Chancellor, the University shall be entitled to appoint a representative, who shall have the right to be present and to be heard at such inspection or inquiry.

(10)The Chancellor may, if the inspection or inquiry is made in respect of University, address the Vice-Chancellor with reference to the result of such inspection or inquiry and the Vice-Chancellor shall communicate to the Executive Council, the views of the Chancellor and the action to be taken thereon, as advised by the Chancellor.

(11)The Executive Council shall communicate through the Registrar to the Chancellor such action, if any, as it proposes to take or has taken upon the result of such inspection or inquiry.

(12)Where the Executive Council does not, within a reasonable time, take action to the satisfaction of the Chancellor, the Chancellor may, after considering any explanation furnished or representation made by the Executive Council, issue such directions as he may think fit and the Executive Council shall comply with such directions.

(13)Without prejudice to the foregoing provisions of this section, the Chancellor may, by order in writing, annul any proceedings of University, which are not in conformity with this Act, the Statutes, the Ordinances, or the Regulations:Provided that before making any such order, he shall call upon University to show cause why such an order should not be made, and if any cause is shown within a reasonable time, he shall consider the same.

(14)The Chancellor may, at any time, require or direct University to act in conformity with the provisions of this Act, the Statutes, Ordinances and Regulations made thereunder.

(15)The power exercised by the Chancellor under sub-sections (13) and (14) shall not be called in question in any civil court.

(16)Any employee of the University, who is aggrieved by the decision of the Executive Council or the Vice-Chancellor in respect of any disciplinary action taken against him, may address a memorial to the Chancellor in such manner, as may be prescribed by the Statutes and the decision of the Chancellor shall be final.

(17)The Chancellor may, on the advice of the Government, cause an inquiry to be held in accordance with the principles of natural justice, and remove the Director from office, if he is found on such inquiry, to be a person patently unfit to be continued in such office.

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

14. Vice-Chancellor.

(1)The Chancellor shall appoint the Vice-Chancellor, who shall be a salaried officer, on the advice of the Government, as per the qualifications and experience prescribed by the Statutes.

(2)The Government shall constitute a Search Committee consisting of one nominee of the Chancellor and two nominees of the Executive Council, which shall prepare a panel of at least three names, in alphabetic order, from which the Vice-Chancellor shall be appointed. The terms and conditions of the services of the Vice-Chancellor, shall be determined by the Chancellor, on the advice of the Government.

(3)The Director on the appointed day shall stand appointed as first Vice-Chancellor until a regular appointment is made in accordance with the provisions of this Act or for a period of six months, whichever is earlier.

(4)The Vice-Chancellor shall hold office for a period of three years which may be renewed for not more than one term:Provided that no such person appointed as Vice-Chancellor shall hold office on attaining the age of sixtyeight years irrespective of the fact that his term has not expired.

(5)The Vice-Chancellor may perform clinical, teaching and research work, if he so desires.

(6)The amount of remuneration and other conditions of service of the Vice-Chancellor shall be such as may be prescribed:Provided that such terms and conditions shall not be varied to the disadvantage of the Vice-Chancellor during his term of office.

(7)In the absence of the Vice-Chancellor due to reason of leave, illness or otherwise, the Pro Vice-Chancellor shall perform the duties of the Vice-Chancellor until the existing Vice-Chancellor attends the duties of his office or a new Vice-Chancellor assumes office, as the case may be.

(8)The Vice-Chancellor shall be the principal executive and academic officer of University and shall exercise supervision and control over the affairs of University and give effect to the decisions of all the authorities of University.

(9)The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of University by or under this Act except in the matters involving creation or abolition of a Faculty, Department or post, the matter involving the appointment or removal of an employee:Provided that the Vice-Chancellor before exercising powers under this section shall record in writing the reasons, why the matter cannot wait till the meeting of the authority concerned:Provided further that if the authority concerned is of the opinion that such action ought not to have been taken by the Vice-Chancellor, it may refer the matter to the Chancellor whose decision thereon shall be final:Provided further that any person in the service of University who is aggrieved by the action taken by the Vice- Chancellor under this sub-section shall have the right to represent to the Executive Council within one month from the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancellor. The employee shall be informed that the action has been taken under emergency powers.

(10)The Vice-Chancellor shall convene meetings of the Court, the Executive Council, the Academic Council and the Finance Committee and he may, by order in writing, delegate the powers of convening any of the said meetings to any of the officers of University. The Vice-Chancellor shall be the ex officio Chairman of the Executive Council, Academic Council and Finance Committee and preside over the meetings of these bodies.

(11)The Vice-Chancellor shall ensure faithful observance of the provisions of this Act and the Statutes and Ordinances made thereunder.

(12)The Vice-Chancellor shall be responsible for the presentation of the annual financial estimate, annual account and balance sheet of University to the Executive Council.

(13)The Vice-Chancellor shall be responsible for the proper administration of University and for close co-ordination and integration of teaching, research, clinical work and dissemination of knowledge.

(14)The Vice-Chancellor shall exercise such other powers and perform such other functions, as may be prescribed by the Statutes and Ordinances.

14A. Pro Vice-Chancellor.

(1)The Chancellor shall appoint the Pro Vice-Chancellor, who shall be a salaried officer on the advice of the Government, as per the qualifications and experience prescribed by the Statutes.

(2)The Pro Vice-Chancellor shall hold office for a period of three years which may be renewed for not more than one term.Provided that no such person appointed as Pro Vice- Chancellor shall hold office on attaining the age of sixtyeight years irrespective of the fact that his term has not expired.

(3)The Pro Vice-Chancellor may perform clinical, teaching and research work if he so desires.

(4)The Pro Vice-Chancellor shall exercise such other powers and perform such other functions, as may be prescribed by the Statutes and Ordinances.

15. Registrar.

(1)The Registrar shall be appointed by the Chancellor on the advice of the Government in such manner, as may be prescribed by the Statutes.

(2)The Registrar shall be the Chief Administrative Officer of University. He shall work directly under the superintendence, direction and control of the Vice-Chancellor.

(3)The Registrar shall exercise such powers and perform such duties as may be prescribed by the Statutes.

16. Director.

- The Director shall be the administrative head of Pt. B.D. Sharma PGIMS. He shall be appointed by the Chancellor, on the recommendation of the Government. The qualifications, powers, functions and duties of the Director shall be such, as may be prescribed by the Statutes.

17. Dean, Academic Affairs of University.

(1)The Dean, Academic Affairs of University shall look after the academic affairs of the University.

(2)The mode of appointment, powers and duties of the Dean, Academic Affairs of University shall be such, as may be prescribed by the Statutes.

18. Dean, Pt. B.D. Sharma PGIMS.

(1)The Dean, Pt.B.D.Sharma PGIMS shall look after the academic affairs of Pt.B.D.Sharma PGIMS.

(2)The mode of appointment and the powers and functions of the Dean, Pt.B.D.Sharma PGIMS shall be such, as may be prescribed by the Statutes.

19. Deans of Faculties.

(1)There shall be a Dean of each Faculty.

(2)The mode of appointment, powers and functions of the Dean of Faculty shall be such, as may be prescribed by the Statutes.

20. Principal, Postgraduate Institute of Dental Sciences, Rohtak.

(1)The Principal, Postgraduate Institute of Dental Sciences, Rohtak shall be the administrative and academic head of the Postgraduate Institute of Dental Sciences, Rohtak under the overall control of the University.

(2)The mode of appointment, powers and functions of the Principal, Postgraduate Institute of Dental Sciences, Rohtak, shall be such, as may be prescribed by the Statutes.

21. Authorities.

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

(i)the Court;

(ii)the Executive Council;

(iii)the Academic Council;

(iv)the Finance Committee;

(v)the Faculties;

(vi)the Boards of Studies;

(vii)such other bodies, as may be prescribed by the Statutes.

22. Court.

(1)The Court shall be an advisory body and shall consist of such members, as may be prescribed by the Statutes.

(2)The Court shall exercise such powers and perform such duties, as may be prescribed by the Statutes.

23. Executive Council.

(1)The Executive Council shall be the principal executive body of University.

(2)The constitution of the Executive Council, the term of office of its members and its powers and functions shall be such, as may be prescribed by the Statutes.

24. Academic Council.

(1)The Academic Council shall be the principal academic body of University and shall, subject to the provisions of this Act, the Statutes, Ordinances and Regulations, co-ordinate and exercise general supervision and control over all academic policies of University.

(2)The constitution of the Academic Council, the term of office of its members and its powers and functions shall be such, as may be prescribed by the Statutes.

25. Finance Committee.

- The constitution, powers and functions of the Finance Committee shall be such, as may be prescribed by the Statutes.

26. Faculties.

- The Faculties of University, their constitution, functions and powers shall be such, as may be prescribed by the Statutes.

27. Board of Studies.

- There shall be such Under Graduate Board of Studies in various disciplines of Health Sciences, as may be prescribed by the Statutes.The Post Graduate/Doctoral Board of Studies shall be attached to each Department having Post Graduate Teaching Course. The constitution and powers of the Board of Studies shall be such, as may be prescribed by the Statutes.

28. Funds and accounts.

(1)The University shall have a general fund to which shall be credited,-

(a)the present finance/funding from the Government which shall continue as such, in addition to the enhanced budget for creation and functioning of University in form of grant-in-aid every year;

(b)its income from fees, other income generated from Pt. B.D. Sharma PGIMS, endowment, donations, gifts and grants; and any other income accruing to University;

(c)any contributions or grant made by the Government on such conditions, as may be imposed by the Government;

(d)any contribution or grant made by the Central Government, the University Grants Commission, International Donor Agencies, like the World Health Organization and United Nations International Children's Emergency Fund etc.

(2)The University may have such other funds, as may be prescribed by the Statutes.

(3)The University may, for any of the purposes prescribed by the Statutes, borrow money from a bank or a corporation. If the total amount borrowed exceeds one crore rupees, prior approval of the Chancellor shall be obtained.

(4)All the funds of University shall be managed in such manner, as may be prescribed by the Statutes.

(5)The Government shall have power to order special audit of the accounts of University by such auditors, as it may direct under special circumstances.

(a)The annual accounts and the balance sheet of the University shall be prepared under the directions of the Executive Council and shall once at least be audited every year and at intervals of not more than fifteen months by the Director, Local Audit, Haryana or any other auditor that may be appointed by the Government. The annual accounts when audited shall be published in the Haryana Government Gazette and a copy of the annual accounts along with the report of the Director, Local Audit, Haryana or the auditor shall be submitted to the Court and the Chancellor along with the observations of the Executive Council. Any observation made by the Chancellor on the annual accounts shall be brought to the notice of the Court and observations of the Court, if any, after being considered by the Executive Council, be submitted to the Chancellor.

(b)The annual accounts and the balance sheet of the University shall also be submitted to the Government at the time of its submission to the Chancellor.

(6)The Vice-Chancellor shall cause to be prepared on or before such date, as may be prescribed, financial estimates of University for the ensuing year and submit the same to the Executive Council for approval.

(7)The Executive Council may approve the financial estimates with such modifications, as it deems fit, and no expenditure shall be incurred except in accordance with the financial estimates as approved by the Executive Council.

29. Pension, provident and insurance fund.

(1)The University shall institute, for the benefit of its officers, teachers and other employees, pension, provident fund and insurance fund on the pattern of the Government employees.

(2)Where any provident fund and insurance fund have been so instituted, the provisions of the Provident Funds Act, 1925 (Act 19 of 1925), shall be applicable.

30. Statutes.

(1)On the commencement of this Act, the Statutes of University shall be those as set out in the Schedule.

(2)The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes in the manner hereinafter provided in this section:Provided that the Executive Council shall not make, amend or repeal any Statute, affecting the status, power or constitution of any authority of University until such authority has been given an opportunity of expressing an opinion, in writing, on the proposed changes and any opinion so expressed shall be considered by the Executive Council.

(3)Every new Statute or addition to the Statute or any amendment or repeal of a Statute, shall require the approval of the Chancellor who may approve or disapprove or remit it for further consideration. A Statute passed by the Executive Council shall have no validity until it has been assented to by the Chancellor.

(4)Notwithstanding anything contained in the foregoing subsections, the Chancellor, either suo moto or on the advice of the Government may direct the Executive Council, to make, amend or repeal the Statutes in respect of any matter specified by him and if the Executive Council fails to implement such a direction within sixty days of its receipt, the Chancellor may, after considering the reasons, if any, communicated by the Executive Council or its inability to comply with such direction, make, amend or repeal the Statutes suitably.

(5)Subject to the provisions of this Act, the Statutes may provide for all or any of following matters, namely:-

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

(b)the continuance in office of the members of the said authorities or bodies and filling up of vacancies of members and all other matters relating to these authorities;

(c)the conferment of honorary degrees;

(d)the holding of convocations for conferring degrees;

(e)the withdrawal of degrees, diplomas, certificates and other academic distinctions;

(f)the establishment, maintenance and abolition of Faculties, Departments, hostels, affiliated colleges and institutions;

(g)the conditions of affiliation of colleges and institutions and those under which affiliation may be withdrawn;

(h)the institution of Emeritus Professorship, Visiting Professorship, fellowship, scholarship, studentship, travel bursaries, medals and prizes, chairs etc;

(i)the procedure to be followed at meetings of authorities, including stipulation of quorum for transaction of business; where such stipulations are not already made in this Act;

(j)the classification, mode of appointment, powers, duties and nomenclature of teachers and other posts of University, Pt. B.D. Sharma PGIMS, colleges and institutions;

(k)the acceptance and management of bequests, donations and endowments;

(l)all other matters, which by this Act are to be or may be provided for by the Statutes.

31. Ordinances.

(1)The Ordinances shall be made, amended, repealed or added to by the Executive Council:Provided that no Ordinance shall be made-

(a)affecting the admission or enrolment of students or prescribing examinations to be recognized as equivalent to University examination;

(b)affecting the conditions, mode of appointment or duties of examiners or the conduct or standard of examinations or any course of study, unless the draft of such an Ordinance has been proposed by the Academic Council.

(2)The Executive Council may return to the Academic Council for reconsideration, either in whole or in part, any draft proposed by the Academic Council under sub-section (1) along with its suggestion:Provided that the Executive Council shall not be bound to make, amend, repeal or add to the draft proposed by the Academic Council itself. It may, however, reject the draft, if not found suitable, when submitted to it by the Academic Council for the second time.

(3)All Ordinances made by the Executive Council, shall have effect from such date, as it may direct and every Ordinance made shall be communicated, as soon as may be, to the Chancellor.

(4)Subject to the provisions of this Act and the Statutes, the Ordinance may provide for all or any of the following matters, namely:-

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

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

(c)the degrees, diplomas, certificates and other academic distinctions to be awarded by University, the qualifications for the same, and the procedure to be adopted for granting and obtaining of the same;

(d)the fees to be charged for courses of study in University, affiliated colleges and institutions and for admission to the examinations, degrees, diplomas and certificate courses of University;

(e)the conditions for the award of fellowships, scholarships, studentships, medals and prizes;

(f)the conduct of examinations, including the terms of office and manner of appointment and the duties of the examining bodies, examiners and moderators;

(g)the maintenance of discipline among the students;

(h)the conditions of residence of students;

(i)the conditions of service including provisions for pension, provident fund or insurance's schemes for the benefit of the employees;

(j)the management, supervision and inspection of affiliated colleges and institutions;

(k)all other matters which by this Act or the Statutes are to be or may be provided for by the Ordinances.

32. Regulations.

(1)The authorities of University may make Regulations consistent with this Act, the Statutes and the Ordinances for-

(a)suitable recruitment procedure both for teaching and non-teaching posts;

(b)conduct of employees and disciplinary procedure to be followed in case of misconduct and other lapses in the discharge of their duties;

(c)giving of notice to the members of each authority of the dates of meetings and also for keeping the record of the proceedings of the meetings;

(d)the procedure to be followed at the meetings;

(e)all matters concerning such authority not provided for under this Act, the Statutes or the Ordinances.

(2)Every Regulation made under this section, shall come into force on such date, as may be specified by the Executive Council.

33. Control by Government.

(1)The University shall carry out such directions as may be issued to it, from time to time, by the Government for the efficient administration of this Act.

(2)The Government may, at any time, either on its own motion or on application made to it in this behalf, call for the record of any case disposed of, or order passed by University for the purpose of satisfying itself as to the legality or propriety or correctness of any order passed or directions issued and may pass such order or issue such direction in relation thereto, as it may think fit:Provided that the Government shall not pass any order adversely affecting any person without affording such person an opportunity of being heard.

(3)The Government may depute any officer to inspect or examine University, or its development work and to report thereon and the officer so deputed may, for the purposes of such inspection or examination, call for-

(a)any extract from any proceedings of the authority or any committee constituted under this Act, record, correspondence, plan or other documents;

(b)any return, estimates, statement of accounts or statistics;

(c)any report, and University shall furnish the same.

34. Affiliation and recognitions.

(1)From the appointed day, all colleges and other educational institutions of Health Sciences in the State, previously admitted to the privileges of or affiliated to the Maharshi Dayanand University, the Kurukshetra University, or any other university, council or affiliating body, shall be deemed to be admitted to the privileges, or affiliated to University.

(2)The colleges and institutions related to various disciplines of Health Sciences located within the State, on satisfying such conditions, as laid down by Statute or Ordinances for the purposes of affiliation, be affiliated to University.

(3)The rights conferred on a college or an institution by affiliation may be withdrawn in whole or in part or may be modified, if the college or institution has failed to comply with any of the provisions of the Statutes or Ordinances governing the affiliation or if the affairs of the affiliated college are conducted in a manner which is prejudicial to the interests of education.

(4)Any such recognition may be withdrawn either in whole or in part or may be modified in such manner and for such reasons, as may be prescribed by the Statutes.

(5)Every affiliated college and institution shall furnish to the Registrar such reports, returns and other information, as the Executive Council may require, to enable it to judge the efficiency of the affiliated college or institution.

(6)The Executive Council shall cause every such college or institution to be inspected from time to time by one or more competent persons authorized by it on its behalf.

(7)The Executive Council may call upon any college or institution so inspected to take within a specified period, such action, as may appear to it necessary in respect of the inspection referred to in sub-section (6).

35. Protection of action.

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

36. Certain disputes to be referred to Chancellor.

- If any question arises whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority of University, the matter shall be referred to the Chancellor, whose decision thereon shall be final.

37. Transitory powers of first Vice-Chancellor.

(1)It shall be the duty of the first Vice-Chancellor to make arrangement for constituting interim Executive Council and other authorities of University within a period of six months from the date of commencement of this Act or such longer period not exceeding one year, as the Government may, by notification direct.

(2)The first Vice-Chancellor shall, in consultation with the Chancellor, may make such Regulations as may be necessary for the functioning of University.

(3)It shall be the duty of first Vice-Chancellor to draft such Statutes and Ordinances as may be immediately necessary and submit the same to the Executive Council for approval.

(4)Notwithstanding anything contained in this Act and until such time an authority is duly constituted under the Act, the first Vice-Chancellor may appoint any officer or constitute any committee temporarily to exercise and perform any of the powers and duties of such authority under this Act.

38. Continuance of Statutes, Ordinances etc.

(1)Until Statutes, Ordinances and Regulations are made under appropriate provisions of this Act, the Statutes, Ordinances and Regulations, framed under the relevant laws and in force immediately before the commencement of this Act, shall, subject to such adaption or modifications, as may be made therein by the Vice-Chancellor with the endorsement of the Executive Council and approval of the Chancellor, in so far as they are not inconsistent with the provisions of this Act, be deemed to be Statutes, Ordinances and Regulations made under the appropriate provisions of this Act.

(2)Notwithstanding anything contained in this Act, the Statutes or the Ordinances or the Regulations,-

(a)any student, who immediately prior to the commencement of this Act, was studying for degree in Health Sciences of the Maharshi Dayanand University, Rohtak or the Kurukshetra University or any other university in the State in accordance with the Regulations in force under the respective Acts under which these universities were established, may until such examinations are provided by University, be admitted to the examination of the Maharshi Dayanand University, Rohtak or the Kurukshetra University, or any other university in the State and be conferred the degree in Health Sciences of the respective universities, for which he qualified on the result of such examination;

(b)if the Maharshi Dayanand University or the Kurukshetra University, or any other university in the State has held any examination, the result of which have been published but the degrees relating thereto have not been conferred or issued or the result of any such examination has not been published by the said university, then such examination shall be deemed to have been held by the respective university as mentioned above.

39. Act to override other laws.

- The provisions of this Act and the Statutes, Ordinances and Regulations made thereunder, shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law.

40. Power to remove difficulties.

- If any difficulty arises with respect to the establishment of University or in connection with the first meeting of any authority of University or otherwise in first giving effect to the provisions of this Act, the Government may, at any time, before any authority of University has been constituted, by order, make any appointment or do anything, consistent, so far as may be, with the provisions of this Act, which appears to it necessary or expedient for the purpose of removing the difficulty, and every such order shall have effect as if such appointment or action had been made or taken in the manner provided under this Act.

41. Reservation.

- Nothing contained in this Act shall affect reservations and other concessions required to be provided for Scheduled Castes, Backward Classes, Ex-servicemen, Physically Handicapped persons or any other class or category of persons in accordance with the orders issued by the Government in this regard, from time to time.

42. Annual report.

- The annual report of University giving details of broad programmes, policies and finances, amendments of Statutes and Ordinances made during the year under report, shall be prepared under the directions of the Executive Council and shall be submitted to the Court on or after such date as may be prescribed by the Statutes and the Court shall consider the report at its annual meeting.

43. Vacancy not to invalidate proceedings.

- No act done, proceeding taken, under this Act by any authority or other body of University, shall be invalid merely on the ground of any -

(a)vacancy or defect in the constitution of the authority or body;

(b)defect or irregularity in election, nomination or appointment of a person acting as a member thereof; or

(c)defect or irregularity in such act or proceeding, not affecting the merits of the case.

The Schedule[See sections 2(s) and 30](Statutes of Pandit Bhagwat Dayal Sharma University of Health Sciences, Rohtak)

1. Vice-Chancellor. - (1) The Vice-Chancellor shall be appointed by the Chancellor on the advice of the Government having following qualifications and experience:-

(a)A basic recognized medical qualification included in the Schedule to the Indian Medical Council Act, 1956 (102 of 1956).(b)Doctor of Medicine (MD)/ Master of Surgery (MS)/ Doctorate of Medicine (DM)/ Magister Chirurgiae (M.Ch.) or equivalent qualification recognized by the Medical Council of India in any speciality.(c)The Vice-Chancellor shall be a person having minimum 25 years teaching experience out of which 10 years should be as Senior Professor or on equivalent post in a Medical College/institution recognized by Medical Council of India. He should have attained National/ International status in the field of teaching/research or professional competence. He shall not be below the age of 55 years.

(2)The Vice-Chancellor shall, in the absence of the Chancellor, preside over the convocations of the University held for conferring degrees and over the meeting of the Court. The Vice-Chancellor shall be entitled to be present at, and to address, any meeting of any authority or other body of the University, but shall not be entitled to vote there at, unless he is a member of such authority or body.

(3)The decision of the Vice-Chancellor regarding seniority for nomination to the various authorities or bodies of the University shall be final.

(4)Suitable remuneration shall be attached to the office of the Vice - Chancellor.

1A. Pro Vice-Chancellor. - (1) The Pro Vice-Chancellor shall be appointed by the Chancellor, on the advice of the Government who is a-

(a)Senior Professor of University; or(b)Senior Professor or Professor of any Institution/ affiliated college.

(2)The Pro Vice-Chancellor shall be ex-officio Vice-Chairman of the Executive Council, Academic Council, Finance Committee, Selection Committee, Establishment Committee and the Planning Board and in the absence of the Vice-Chancellor preside over the meetings of the Executive Council, Academic Council, Finance Committee, Selection Committee, Establishment Committee and the Planning Board.

(3)It shall be the duty of the Pro Vice-Chancellor to see in the absence of the Vice-Chancellor that the provisions of the Act the Statutes, the Ordinances and the Regulations, are duly observed and shall take all necessary steps to ensure such observance.

(4)The Pro Vice-Chancellor in the absence of the Vice-Chancellor shall have the power to convene or cause to be convened meeting of the Court, Executive Council, Academic Council, Finance Committee, Selection Committee, Establishment Committee, Planning Board and any other authority or body of University.

(5)The Pro Vice-Chancellor shall exercise general control over the affairs of those branches of University administration that are assigned to him by the Vice-Chancellor and shall give effect in those branches to the decisions of the authorities of University.

2. Registrar. - (1) The Registrar shall be appointed by the Chancellor on the advice of the Government-

(i)by deputation or transfer of a person from any Medical or Dental College/institution of the State having Minimum 20 years teaching experience out of which 5 years should be as Professor in a Medical or Dental College/institution recognized by Medical/ Dental Council of India not below the age of 50 years; or(ii)by deputation of an IAS/Senior HCS officer:Provided that no person appointed as Registrar shall hold office on attaining the age of 65 years or on superannuation, whichever is earlier.Note: The first Registrar shall be appointed within one month of the enforcement of this Act.

(2)The Registrar shall be the ex-officio Secretary of the Executive Council and Faculties but shall not be deemed to be a member of any of these authorities, and shall be the ex-officio Member-Secretary of the Court and the Academic Council.

(3)When the office of the Registrar is vacant or when the Registrar is by reason of illness, or any other cause unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose till regular appointment is made by the Chancellor on the advice of the Government.

(4)Suitable remuneration shall be attached to the office of the Registrar.

(5)It shall be the duty of the Registrar-

(a)to be the custodian of the records, common seal and such other property of the University as the Vice- Chancellor shall commit to his charge;

(b)to issue all notices convening meetings of the Court, the Executive Council, the Academic Council, the Faculties and any Committee appointed by the authority of the University;

(c)to keep the minutes of all meetings of the Court, the Executive Council, the Academic Council, the Faculties and any Committee appointed by the authority of the University;

(d)to conduct the official correspondence of the Court, the Executive Council, the Academic Council and the Faculties;

(e)to supply to the Chancellor copies of the agenda, the minutes of the meetings of the authorities of the University as soon as they are issued;

(f)to perform such other duties as may, from time to time, be assigned to him by the Vice-Chancellor.

(6)The Registrar shall have power to administer warning or to impose the penalty of censure or withholding of increments upon such of the employee, excluding the teachers of the University and employees under the administrative control of the Director, as may be specified in the orders of the Executive Council and to suspend them pending enquiry:Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken against him.

(7)An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in clause(6).

(8)In case the inquiry discloses that a punishment, beyond the powers of the Registrar is called for, the Registrar shall, upon conclusion of the inquiry make a report to the Vice-Chancellor along with his recommendations:Provided that an appeal shall lie to the Executive Council against an order of the Vice-Chancellor imposing any penalty.

(9)The Registrar shall be the authorized officer to enter into agreements, sign documents and authenticate records on behalf of the University and shall act in such capacity when the appropriate authority has taken a decision in the matter. The Registrar shall also exercise such other powers and perform such other duties as may be prescribed by the Statutes.

3. Director. - (1) Director shall be appointed by the Chancellor on the recommendations of the Government having following qualifications and experience:-

(a)A basic recognized medical qualification included in the Schedule to the Indian Medical Council Act, 1956 (102 of 1956).(b)MD/MS/DM/MCh or equivalent qualification recognized by the Medical Council of India in any specialty.(c)Minimum 20 years teaching experience out of which, 5 years should be as Senior Professor or on equivalent post in a Medical College/ institution recognized by Medical Council of India. He should have preferably attained National/ International status in the field of teaching/research or professional competence.(d)He shall not be below the age of 50 years and shall not hold office on attaining the age of 65 years.

(2)The Director shall be the administrative head of Pt.B.D.Sharma PGIMS, and thus will exercise the powers and duties related to the administration of Pt.B.D.Sharma PGIMS, Rohtak and other such duties as prescribed by the Statutes or given by the Executive Council from time to time.

(3)Suitable remuneration shall be attached to the office of the Director.

4. Dean Academic Affairs of University. - (1) Dean, Academic Affairs of University shall be appointed by the Executive Council on the recommendation of the Vice- Chancellor from amongst the Deans/ Senior Professors of University for a term of two years. However, seniority may be given preference.

(2)He shall look after the academic affairs of the University on the advice of Vice-Chancellor.

(3)Suitable remuneration shall be attached to the office of Dean Academic Affairs.

5. Dean Pt.B.D. Sharma PGIMS, Rohtak. - (1) Dean, Pt.B.D.Sharma PGIMS, shall be promoted, from amongst the Senior Professors (Medical) of Pt.B.D.Sharma PGIMS.

(2)He shall be promoted by the Executive Council on the recommendations of Vice-Chancellor in consultation with Director.

(3)He shall look after the academic affairs of Pt.B.D. Sharma PGIMS, Rohtak on the advice of Director.

(4)Suitable remuneration shall be attached to the office of the Dean, Pt. B.D. Sharma PGIMS.

6. Medical Superintendent, Pt.B.D.Sharma PGIMS, Rohtak. - (1) Medical Superintendent, Pt.B.D.Sharma PGIMS shall be appointed by Executive Council:-

(i)by direct recruitment through selection; or(ii)by transfer or deputation of an officer from any Medical College of the State Government/ Government of India.

(2)He shall be having following qualifications and experience:-

(a)a basic recognized medical qualification included in the Schedule to the Indian Medical Council Act, 1956 (102 of 1956).

(b)Master of Hospital Administration or MS/ MD or equivalent qualification.

(c)five years experience as Medical Superintendent of a hospital with beds above 500 or ten years experience as Deputy Medical Superintendent after MS/ MD or equivalent qualification and should have completed sixteen years service after MBBS;

ORfive years experience as Senior Professor or an equivalent post of Hospital Administration Department/ Clinical Department in a Medical College or institution recognized by Medical Council of India.

(d)No person, who is less than 40 years or more than 58 years of age, shall be appointed to the post of Medical Superintendent.

(3)The duties and functions of the Medical Superintendent shall be to look after the affairs of the Hospital of Pt.B.D.Sharma PGIMS and its employees i.e. Nurses, Para-Medical and other Group D employees under the overall control of Director.

(4)Suitable remuneration shall be attached to the office of the Medical Superintendent, Pt. B.D. Sharma PGIMS.

7. Principal, Postgraduate Institute of Dental Sciences, Rohtak. - (1) Principal, Postgraduate Institute of Dental Sciences, Rohtak shall be appointed by Executive Council:-

(i)by direct recruitment through selection; or(ii)by transfer or deputation of an officer from any Dental College of the State Government/ Government of India.

(2)He shall be having following qualifications and experience:-

(a)a basic recognized Dental qualification included in the Schedule to the Dentist Act, 1948 (16 of 1948).

(b)MDS or equivalent qualifications recognized by the Dental Council of India in the subject concerned.

(c)5 years experience as Senior Professor or on equivalent post in any dental subject in a Dental College/ institution recognized by the Dental Council of India.

(3)He shall be the administrative and academic head of Postgraduate Institute of Dental Sciences, Rohtak under the overall control of University.

(4)Suitable remuneration shall be attached to the office of the Principal, Postgraduate Institute of Dental Sciences, Rohtak.

8. Controller of Finance. - (1) The Controller of Finance shall be a whole time salaried officer of University and shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor:-

(i)by transfer or deputation of a person having experience of working as Chief Accounts Officer or on equivalent post in a Public Sector Department of the State Government; or(ii)by direct selection through selection committee having following qualifications and experience:-(a)Chartered Accountant (CA) from a recognized institute/ organization;(b)ten years experience of working in Finance and Accounts Department in a Public Sector Organization or in any other reputed institution/ organization.

(2)The Controller of Finance shall be the ex-officio Secretary of the Finance Committee but shall not be deemed to be a member of such Committee.

(3)When the office of the Controller of Finance is vacant or when the Controller of Finance is by reason of illness, or any other cause is unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(4)The Controller of Finance shall-

(a)exercise general supervision over the funds of the University and shall advise the University as regards its financial policy; and

(b)perform such other functions as may be assigned to him by the Executive Council or as may be prescribed by the Statutes from time to time.

(5)Subject to the control of the Executive Council, the Controller of Finance shall-

(a)hold and manage the property and investments of the University, including trust and endowed property;

(b)ensure that the limits fixed by the Finance Committee for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted;

(c)be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Executive Council;

(d)keep a constant watch on the state of the cash and bank balances and on the state of investment;

(e)watch the progress of the collection of revenue and advise on the method of collection to be employed;

(f)ensure that the registers of buildings, land, furniture and equipment are maintained upto date and that stock checking of equipment and other connected material in all the offices, special centres, specialized laboratories, and institutions maintained by the University, is conducted;

(g)bring to the notice of the Vice-Chancellor any unauthorized expenditure and other financial irregularities and suggest action to be taken against the person responsible for it; and

(h)call for from any officer, centre, laboratory, College or institution maintained by the University, any information or returns that he may consider necessary for the performance of his duties.

(6)The receipt of the Controller of Finance or person duly authorized in this behalf by the Executive Council for any money payable to the University shall be sufficient discharge for payment of such money.

(7)Suitable remuneration shall be attached to the office of the Controller of Finance.

9. Other officers of University. - The following persons in the service of the University are also declared to be the officers of the University, namely:-

(a)Medical Superintendent, Pt.B.D.Sharma PGIMS;

(b)Dean of Student Welfare;

(c)Chief Warden;

(d)Controller of Examinations;

(e)Librarian;

(f)Law Officer.

10. Dean of Students' Welfare and Chief Warden. - (1) The Dean of Students' Welfare and the Chief Warden shall be appointed by the Executive Council, on the recommendations of the Vice-Chancellor, from amongst the teachers of the University who shall not be below the rank of Senior Professor, on such terms and conditions as the Vice- Chancellor may recommend to the Executive Council.

(2)Suitable remuneration shall be attached to the office of the Dean, Students Welfare and Chief Warden.

11. Controller of Examinations. - (1)(i) The Controller of Examinations, shall be whole time salaried officer of the University and shall be appointed by the Executive Council, on the recommendations of the Vice- Chancellor;

(a)by transfer or deputation of a teacher having ten years experience of working in a recognized Medical/ Dental College or on equivalent post in National Board of Examination after Post Graduate qualification; or(b)by direct recruitment through selection as per qualifications and experience decided by the Executive Council from time to time;(ii)the terms and conditions of service shall be specified by the Executive Council.

(2)It shall be the duty of the Controller of examinations:-

(a)to conduct examinations in a disciplined and efficient manner;

(b)to arrange for the setting of papers with strict regard to secrecy;

(c)to arrange for the evaluation of answer sheets in accordance with the planned time Schedule for results;

(d)to constantly review the system of examinations in order to enhance the level of impartiality and objectivity with a view to making it a better instrument for assessing the attainments of students; and

(e)to do any other matter connected with the system of examinations which may, from time to time be assigned to him by the Vice-Chancellor.

(3)Suitable remuneration shall be attached to the office of the Controller of Examinations.

12. Librarian. - (1) The librarian shall be a whole time salaried officer of the University and shall be appointed by the Executive Council on the recommendations of selection committee on such terms and conditions, as may be prescribed by Statutes, from time to time.

(2)Suitable remuneration shall be attached to the office of the Librarian.

13. Law Officer. - (1) The Law Officer shall be a whole time salaried officer of the University and shall be appointed by the Executive Council on the recommendation of Vice-Chancellor:-

(a)by transfer or deputation of an officer having ten years experience as Law Officer in the State Government; or(b)by direct recruitment through selection as per qualifications and experience decided by the Executive Council from time to time.

(2)The Law Officer shall be responsible for handling all the legal matters of the University and giving his expert advice on such matters.

(3)He shall help the University administration in legal matters in any court of law.

(4)Suitable remuneration shall be attached to the office of the Law Officer.

14. Court and its constitution. - The Court shall consist of the following members, namely:-

I. ex-officio members-

(i)the Chancellor (Chairperson);

(ii)the Vice-Chancellor;

(iia)the Pro Vice-Chancellor;

(iii)the Secretary to Government, Haryana, Finance Department, or a nominee not below the rank of Deputy Secretary;

(iv)the Secretary to Government, Haryana, Medical Education Department or a nominee not below the rank of Deputy Secretary;

(v)the Legal Remembrancer, Haryana, or his nominee not below the rank of Deputy Legal Remembrancer;

(vi)the Director General, Health Services, Haryana or his nominee not below the rank of Director, Health Services;

(vii)the Director;

(viii)the Deans of Faculties;

(ix)the Dean of Academic Affairs;

(x)the Dean, Pt.B.D.Sharma PGIMS;

(xi)the Medical Superintendent, Pt. B.D.Sharma PGIMS;

(xii)the Principal, Postgraduate Institute of Dental Sciences, Rohtak;

(xiii)the Controller of Examinations;

(xiv)the Registrar - Member-Secretary.

II. Other Members-

(i)two Principal/ Heads of affiliated Medical Colleges by rotation as per seniority from the date of inception of the institute;

(ii)two Principals/ Heads of affiliated Dental Colleges by rotation as per seniority from the date of inception of the institute;

(iii)one Principal/ Head of affiliated College of Indian System of Medicine by rotation as per seniority from the date of inception of the institute;

(iv)two heads of the Departments from Pt.B.D.Sharma PGIMS/ Postgraduate Institute of Dental Sciences, Rohtak as per seniority by rotation;

(v)four Senior Professors of the Pt.B.D.Sharma PGIMS, and one from Postgraduate Institute of Dental Sciences, Rohtak as per seniority by rotation;

(vi)two Professors, two Associate Professors and one Assistant Professor from Pt.B.D.Sharma PGIMS/ Postgraduate Institute of Dental Sciences, Rohtak as per seniority by rotation;

(vii)two teachers from affiliated Medical Colleges and two teachers from affiliated Dental Colleges as per seniority from the date of inception by rotation, not more than one teacher from one College;

(viii)two persons nominated by the Chancellor from amongst the persons having special interest in Health Sciences;

(ix)Law Officer.

III. the Registrar shall be ex-officio Member- Secretary of the Court;IV. save as otherwise expressly provided, the member of Court other than ex-officio members, shall hold office for a term of two years;V. In all the meetings of the Court, two-fifths of the members shall form a quorum.

15. Meetings of Court. - (1) The Court shall meet at least once in a financial year.

(2)A special meeting of the Court may be convened at any time, by the Chancellor, the Vice-Chancellor or on a written request by one-third of its members.

16. Powers of the Court. - (1) The constitution of the Court, and the term of office of its members shall be prescribed by the Statutes.

(2)Subject to the provisions of this Act, the Court shall have the following powers and functions, namely:-

(a)to review, from time to time, the broad policies and programmes of the University and to suggest measures for the improvement and development of the University;

(b)to consider and pass resolution on the annual report, annual budget and the annual accounts of the University and the audit report of such accounts;

(c)to advise the Chancellor in respect of any matter which may be referred to it for advice; and

(d)to perform such other functions as may be prescribed by the Statutes.

17. Executive Council and its Constitution. - The Executive Council shall consist of the following persons, namely:-

I. ex-officio members-

(i)the Vice-Chancellor (Chairperson);

(ia)the Pro Vice-Chancellor (Vice Chairman);

(ii)the Secretary to Government, Haryana, Finance Department, or a nominee not below the rank of Deputy Secretary;

(iii)the Secretary to Government, Haryana, Health and Medical Education Department or a nominee not below the rank of Deputy Secretary;

(iv)the Director General, Health Services, Haryana or a nominee not below the rank of Director, Health Services;

(v)the Director;

(vi)the Dean, Academic Affairs of University;

(vii)the Dean, Pt.B.D.Sharma PGIMS;

(viii)the Medical Superintendent, Pt.B.D.Sharma PGIMS;

(ix)the Principal, Postgraduate Institute of Dental Sciences, Rohtak.

II. Other Members-

(i)one Dean of Faculty to be nominated by the Vice-Chancellor, as per seniority by rotation;

(ii)one Senior Professor (other than Deans of Faculties) from Medical/ Dental as per seniority by rotation;

(iii)one Principal/ Head of affiliated Medical College and one Principal/Head of affiliated Dental College of Health Sciences as per seniority from the date of inception by rotation;

(iv)one teacher (Medical/Dental) other than Senior Professors but including floating Senior Professor from Pt.B.D.Sharma PGIMS/ Post Graduate Institute of Dental Sciences as per seniority by rotation;

(v)two persons to be nominated by Chancellor on the recommendation of the Vice-Chancellor from amongst distinguished professionals and eminent persons from All India Institute of Medical Sciences (AIIMS), New Delhi, Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh, Sanjay Gandhi Postgraduate Institute (SGPGI), Lucknow, Indian Institute of Management (IIMS) and Health Management Sector, well known national level health services providers.

III. The Registrar shall be the ex-officio Secretary of the Executive Council.IV. Two-fifths of the members shall form a quorum.V. Save as otherwise expressly provided, the members of Executive Council, other than ex-officio members, shall hold office for a term of two years.VI. The Executive Council shall meet at least once in four months or earlier as and when required.

18. Powers of Executive Council. - The Executive Council shall exercise the following powers, namely-

(a)to hold, control and administer the revenue, property and funds of the University;

(b)to create teaching and academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of teachers and other academic staff:

Provided that the matters of creation of new posts involving additional financial liability shall hold good if the representative of the Government as given below i. e. Finance Secretary or his representative;orHealth and Medical Education Secretary or his representative;orDirector General, Health Services or his representative, is present at the time of taking such decision and has consented to such decision:Provided further that in case the Government representative from the Finance/ Health and Medical Education Department is not present in two consecutive meetings even after the proper notice, then the Executive Council may approve the proposal regarding creation of posts:Provided further that in respect of the numbers, qualifications and the emoluments of teachers and academic staff, the Executive Council shall take action after considering the recommendations of the Academic Council and the Finance Committee:Provided further that in respect of qualifications of teachers and academic staff, the Executive Council shall take action after considering the recommendations of Academic Council and also the Regulations laid by the Medical Council of India / Dental Council of India and other concerned statutory bodies;

(c)to appoint teachers except Director and other academic staff, on the recommendations of selection committees constituted for the purpose and to fill up temporary vacancies therein;

(d)to create administrative, ministerial and other posts and to make appointments thereto, in the manner prescribed by the Statutes;

(e)to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University and for that purpose to appoint such agents as it may think fit;

(f)to invest any money belonging to the University including any unapplied income in such stocks, funds, shares or securities as it shall, from time to time think fit or in the purchases of immovable property in India with the like powers of varying such investments from time to time;

(g)to transfer or accept transfer of any movable and immovable property on behalf of the University;

(h)to provide building, premises, furniture and apparatus and other means needed for carrying on the work of the University;

(i)to select a common seal for the University;

(j)to delegate any of its powers to the Vice-Chancellor, the Registrar or such other employee or authority of the University or to a committee appointed by it, as it may deem fit;

(k)to enter into, vary, carry out, or cancel contracts on behalf of the University;

(l)to make, amend or repeal the Statutes;

(m)to make decisions regarding maintenance of discipline among students;

(n)to exercise such other powers and perform such other duties as may be conferred or assigned to the Executive Council by the Act, the Statutes, or the Ordinances;

(o)to exercise all powers of the University not otherwise provided for by the Act, the Statutes, the Ordinances.

19. Academic Council and its constitution. - The Academic Council shall consist of the following persons namely:-

I. ex-officio members:-

(i)Vice - Chancellor (Chairperson);

(ia)Pro Vice-Chancellor (Vice Chairman);

(ii)Director, Pt.B.D.Sharma PGIMS;

(iii)Director General, Health Services, Haryana;

(iv)Dean, Academic Affairs of University;

(v)Dean, Pt.B.D.Sharma PGIMS;

(vi)Principal, Postgraduate Institute of Dental Sciences, Rohtak;

(vii)Deans of Faculties of the University;

(viii)Dean of Students' Welfare, if any;

(ix)all heads of Medical and Dental specialities in Pt.B.D. Sharma PGIMS/ Post Graduate Institute of Dental Sciences;

(ixa)Principals of constituent colleges such as Nursing, Pharmacy, Physiotherapy;

(ixb)Controller of Examinations, UHS;

(ixc)Chief Vigilance Officer, UHS;

(x)Heads of all Colleges affiliated to the University, not represented by the Deans of Faculties;

(xi)Registrar - Member-Secretary.

II. other members:-

(i)all Chairmen of Board of Studies;

(ii)four Senior Professors (Medical) and one (Dental) from Pt.B.D.Sharma PGIMS and Postgraduate Institute of Dental Sciences, as per seniority by rotation;

(iii)two eminent experts in health sciences education, who are from outside the University or its affiliated Colleges, nominated by the Vice-Chancellor;

(iv)one person from each category of Assistant Professor/ Associate Professor/ Professor by rotation as per seniority from Pt.B.D.Sharma PGIMS;

(v)one teacher from Postgraduate Institute of Dental Sciences, Rohtak by rotation as per seniority;

(vi)one teacher from affiliated Medical Colleges as per seniority from the date of inception by rotation;

(vii)two teachers from affiliated Dental Colleges as per seniority from the date of inception by rotation.

III. The Registrar shall be the Member - Secretary of Academic Council.IV. Two - fifth of the members shall form a quorum.V. Save as otherwise expressly provided, the members of the Academic Council, other than Ex - officio members, shall hold office for a term of two years:Provided that any other Chairman/ Officer of the University whose association is necessary regarding a particular item may be invited to attend the meeting.However, the special invitee shall not have any right to vote.

20. Powers of Academic Council. - (1) The Academic Council shall exercise the following powers, namely:-

(a)to exercise general supervision over the academic policies of the University and to give directions regarding methods of instruction, co-operative teaching among institutions, evaluation of research or improvements in academic standards;(b)to consider matters of general academic interest either on its own initiative or on a reference by the Chancellor, the Vice-Chancellor, the Executive Council or a Faculty and to take appropriate action thereon;(c)to recommend to the Executive Council, the creation and abolition of teaching posts;(d)to prescribe syllabi and courses of study for various examinations on the recommendations of the Faculties;(e)to frame such Regulations consistent with the Statutes and Ordinances regarding the academic functions of the University, discipline, residence, admissions, awards of fellowships, studentships, scholarships, medals and prizes, fee concessions, corporate life and attendance; and(f)to exercise such other powers and perform such other duties as may be conferred or assigned to the Academic Council by the Act, the Statutes or the Ordinances.

(2)All decisions of the Academic Council concerning syllabi, courses of studies and conducting of examinations so far as they are not provided for by the Statutes and Ordinances shall be final.

21. Composition of Finance Committee. - The Finance Committee shall consist of the following persons, namely :-

I. ex-officio members-

(i)the Vice-Chancellor (Chairperson);

(ia)the Pro Vice-Chancellor (Vice Chairman);

(ii)the Secretary to Government, Haryana, Health and Medical Education Department or a nominee not below the rank of Deputy Secretary;

(iii)the Secretary to Government, Haryana, Finance Department, or a nominee not below the rank of Deputy Secretary;

(iv)the Director General, Health Services, Haryana or a nominee not below the rank of Director Health Services;

(iva)the Registrar;

(v)the Director, Pt.B.D.Sharma PGIMS;

(vi)the Controller of Finance;

II. other members-

(i)two outside members having expertise in finance to be nominated by the Chancellor on the recommendation of the Vice-Chancellor;

(ii)two Deans of Faculties to be nominated by the Vice-Chancellor;

(iii)one nominee of Postgraduate Institute of Dental Sciences, Rohtak appointed by Vice-Chancellor.

III. The Controller of Finance shall be the Member-Secretary of the Committee.IV. Nominated members of the Finance Committee shall hold office for a term of two years.V. Three members, out of whom at least one member shall be a Government nominee, shall form the quorum.

22. Functions and powers of Finance Committee. - (1) The Finance Committee shall examine the accounts and scrutinize the proposals for expenditure and shall submit the annual budget to the Executive Council for approval. No expenditure in the budget shall be incurred by the University without the prior approval of the Finance Committee which shall fix limits for the total recurring and non-recurring expenditure for the year based on the resources and the income of the University. No expenditure shall be incurred by the University in excess of the limits so fixed.

(2)It shall examine and recommend the Executive Council the creation of teaching and other posts.

(3)The annual accounts and official estimates of the University shall be laid before the Finance Committee for its consideration and comments thereon and thereafter submitted to the Executive Council for approval.

23. Faculties of University. - There shall be the following Faculties:-

(i)Faculty of Medicine and Allied Departments;

(ii)Faculty of Surgery and Allied Departments;

(iii)Faculty of Para-clinical Sciences in Pathology, Pharmacology, Microbiology and Forensic Medicine;

(iv)Faculty of Pre-clinical Sciences - Anatomy, Physiology, Biochemistry, Biotechnology;

(v)Faculty of Dental Sciences;

(vi)Faculty of Pharmaceutical Sciences - Pharmacy and other such allied Departments;

(vii)Faculty of Para-medical Sciences - Nursing, Physiotherapy and Occupational Therapy etc;

(viii)Faculty of Indian system of Medicine - Ayurveda, Homeopathy, Alternative Medicine Integral Health, Yoga, Reflexology, Traditional System of Medicine;

(ix)Any other Faculty approved by the appropriate authority.

24. Constitution of Faculties. - (1) Each Faculty shall consist of -

(i)Dean of the Faculty (Chairperson);(ii)Chairperson of the Boards of Studies included in that Faculty;(iii)one Senior Professor from each Department on the basis of seniority by rotation;(iv)one Professor, one Associate professor and one Assistant professor or equivalent from each Department included in the Faculty by rotation according to seniority:Provided that wherever considered necessary, the Vice-Chancellor may on the recommendation of the Dean increase the number of members.

(2)Members nominated shall hold office for two years:Provided that the Executive Council, at the request of the Academic Council, may increase the number of members of a Faculty.

(3)The Registrar will be the Secretary of every Faculty.

(4)Two-fifths of the members in each Faculty shall form the quorum.

25. Deans of Faculties. - (1) There shall be a Dean of each Faculty who shall be appointed by the Vice-Chancellor. He shall be appointed by seniority and rotation from amongst Senior Professors of different Departments comprising the Faculty unless otherwise specified :

Provided that where there is no Senior Professor in a Department, the Vice-Chancellor may appoint the Dean of Faculty.

(2)Suitable remuneration shall be attached to the office of the Dean who shall hold office for two years.

(3)The Dean shall convene the meeting of Faculty and shall preside over them.

(4)He shall be responsible for the coordination of teaching therein and the execution of the decision of the Faculty. The Dean shall have the right to present and to take part in discussion at any Committee of the Faculty but shall have no right to vote if he is not a member of the Committee.

26. Constitution of Medical Faculties. - (1) All the Medical Faculties shall be constituted as follows:-

(i)Dean of the Faculty;(ii)Chairman of each Board of Studies included in the Faculty;(iii)Senior Professor from each Department which constitute the Post Graduate Board of Studies included in the faculty;(iv)one Professor, Associate Professor and Assistant Professor each from the Departments which constitute the Post Graduate Board of Studies included in the Faculty, on the basis of seniority by rotation for a term of one year;(v)one Professor, one Associate Professor/ Reader and One Assistant Professor/ Lecturer from the affiliated Colleges by rotation and seniority for a term of one year;(vi)such other persons excluding members of Academic Council not exceeding two in number as may be nominated for two years to the Faculty by the Academic Council on account of their expert knowledge of the subjects comprising the Faculty.