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THE POONA UNIVERSITY ACT, 1974
[MAHARASHTRA ACT No. XXIII OF 1974]
This act received assent of the President on the 2nd May 1974; assent was first published in the Maharashtra Government Gazette Part IV, Extraordinary, on the 17th May, 1974.
An Act to consolidate and amend the law relating to the University of Poona
WHEREAS, the Government of both the Union and the State have appointed Divers Committees to consider and recommend measures for the better governance of Universities and the reorganisation of Higher education ;
AND WHEREAS, taking into account the recommendations of those Committees and in order to introduce uniformity in the several laws relating to the various Universities in the State; to promote or more equitable distribution of facilities for higher education in the different areas of the State; to provide for more efficient administration and financial control, and better Organisation of teaching and research; to ensure faithful observance of the law in all matters, including the selection and appointment of teachers and other employees; to give representation to student on certain bodies; to provide for wider representation to teachers, and by all such means, generally to improve the governance of the University and the facilities it provides for higher education; it is expedient to consolidate and amend the law relating to the University of Poona; it is hereby enacted, in the Twenty-fifth Year of the Republic of India, as follows :
CHAPTER I- PRELIMINARY
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may he called the Poona University Act, 1974.
(2) It shall come into force on such date as the State Government may by notification in the Official Gazette, appoint.
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires
(1) "Affiliated College" means a college affiliated under section 43, and includes a college deemed to be an affiliated college under section 91;
(2) "Autonomous College" means a college designated to be so by the Statutes;
(3) "Autonomous recognised Institution" means a recognised institution, designated to be so by the Statutes;
(4) "Autonomous University Department" means a University Department designated to be so by the Statutes;
(5) "Chancellor" and "Vice-Chancellor" mean, respectively, the Chancellor and the Vice-Chancellor of the University;
(6) "College" means a college conducted by the University or affiliated to it
(7) "Conducted College" means a college conducted by the University;
(8) "Constituent College" means a college made constituent under section 51 and includes a college deemed to be a constituent College under section 91;
(9) "Department" means a department designated to be so by the Statutes with reference to a subject or a group of subject ;
(10) "Director of Education" means the Director of Education, Maharashtra State;
(11) "Director of Higher Education" means the Director of Higher Education, Maharashtra State;
(12) "Hall" means a unit of residence, or of corporate life, for the students of the University or any College or Institution provided, maintained or recognised by the University;
(13) "Head Master" means the head of a secondary or a higher secondary school;
(14) "Head of Department" means the Teacher principally responsible for instruction, training or research in a Department;
(15) "Higher Secondary School" means a school recognised as a full fledged higher secondary school by the Director of Education, or by an officer authorised by him in That behalf, and includes a higher secondary school situated outside the State of Maharashtra, which has been registered, or is deemed to he registered, by the University;
(16) "Hostel" means a place of residence for the students provided, maintained or recognised by the University;
(17) "Institution" means an academic institution, not being a College, maintained by or admitted to the privileges of the University;
(18) "Local Managing Committee" means a committee constitute for a College under clause (b) of sub-section (3) of section 43;
(19) "Maharashtra State Board of Secondary Education" means the State Board established under the Maharashtra Secondary Education Boards Act, 1965;
(20) "Management" means the trustees or the managing or governing body by whatever name called, of any trust registered under the Bombay Public Trusts Act, 1950, or any society registered under the Societies Registration Act, 1860, under whose management one or more colleges or institutions are conducted and admitted to the privileges of the University
(21) "Prescribed" means prescribed by the Statutes, Ordinances or Regulations
1[(22) "Principal" means the head of a college, specialised educational institution, post-graduate centre or other recognised institution;
(23) "Recognised Institution" means an institution for research or specialised studies, other than an affiliated college, and recognised to be so by the University;
(24) "Registered Graduate" means a graduate registered under section 81, and includes a graduate deemed to be a Registered Graduate under section 91;
(25) "Schedule" means the Schedule appended to this Act;
1[(25-a) "Scheduled Castes" means such castes, races or tribes or parts of, or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of Maharashtra under article 341 of the Constitution of India and, for the purposes of this Act, includes Nav-Bouddhas;
1. Clause (25-a) and (25-b) were inserted by Mah. 32 of 1978 s 2
(25-b) “Scheduled Tribes” means such tribes or tribal communities or parts of or groups within such, tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Maharashtra under article 342 of the Constitution of India residing in any part of the State of Maharashtra and, for the purposes of this Act, includes denotified and Nomadic Tribes;]
(26) "Secondary School" means a school recognised as a full-fledged secondary school by the Director of Education, or by an officer authorised by him in that, behalf;
(27) "Secondary Teachers" means such class of teachers imparting instruction in a secondary school or higher secondary school as may be designated to be secondary teachers by the Statutes;
(28) "Statutes", "Ordinances" and "Regulations" mean, respectively, the Statutes, Ordinances and Regulations of the University made, or deemed to have been made, under this Act, and for the time being in force ;
(29) "Students", "Council' means the Students' Council of the University established under section 34;
1[(30) "Teacher" means a full time professor, Associate professor, Reader, Lecturer, Demonstrator, Tutor, Master of Method or Director of Physical Education, if any in any conducted, constituent or affiliated College or recognised institution in the University, and includes any other persons, imparting instruction or guiding research, whether serving full time part time or in an honorary capacity, who are designated to be Teachers by the Statutes made on the recommendation of the Academic Council :
Provided that, any such Statutes may also declare that any class of persons, whether serving full time or part time or in an honorary capacity, shall not be Teachers for the purposes of this Act];
2[(31) "Teacher of the University" means a full time part time or honorary Professor, Associate Professor, Reader or Lecturer or such other person as may be appointed or recognised for imparting instructing or guiding research in the University or in any college or institution conducted by the University and is designated to be a Teacher of the University by the Statutes made on the recommendation of the Academic Council :
1. Clause (30) was substituted by Mah. 2 of 1971, S. 2 (1) (a).
2. Clause (31) was substituted by Mah. 2 of 1977, S 2 (1) (b)
Provided that, any such statutes may also declare that any class of persons whether serving full time part time or in an honorary capacity, shall not be Teachers of the University for the purposes of this Act
(32) "University" means The University of Poona, as reconstituted under this Act;
(33) "University area" means the area specified in the Schedule;
(34) "University Department" means a department maintained by the University, or a department in a college or post-graduate or research institution recognised to be so by the University, and includes a centre of studies established by the University and designated to be so by the Statutes.
CHAPTER II-THE UNIVERSITY
SECTION 03: INCORPORATION OF THE UNIVERSITY
(1) The Chancellor, Vice-Chancellor, the members of the Senate, Executive
Council and Academic Council of the University, and all persons who are deemed to be, or may hereafter be, appointed or elected as such officers or members, are hereby constituted and declared to be a body corporate by the name of "the University of Poona" and such body corporate shall have perpetual succession and a common seal, and may by that name sue and be sued.
(2) The University shall be competent to acquire and hold property, both movable and immovable, to lease, sell or otherwise transfer or dispose of any movable or immovable property which may vest in, or be acquired by, it for the purpose of the University, and to contract and do all other things necessary for the purposes of this Act.
SECTION 04: POWERS OF THE UNIVERSITY
Subject to such conditions as may be prescribed by or under the provisions of this Act, the University shall have the following powers and perform the following duties, that is to say,
(1) provide for instruction, teaching and training in such branches of learning and courses of studies as the University may, from time to time, determine; make provision for research and for the advancement and dissemination of knowledge, and generally, cultivate and promote the arts (including the fine arts), commerce, the sciences, medicine, engineering, technology and other branches of learning and culture;
(2) make provision to enable conducted, constituent and affiliated Colleges and recognised institutions to undertake specialised studies;
(3) organise, maintain and manage University laboratories, libraries, museums and other equipment for teaching and research;
(4) establish, maintain and manage Departments and institutions of research or specialised studies;
(5) establish, maintain and manage Colleges, Institutions, Halls, Hostels and Gymnasiums;
(6) Institute Principal ships, Professorships, Readerships, Lectureships and other teaching or academic posts required by the University, appoint persons thereto or to other posts and prescribe their qualifications and the terms and conditions of their service;
(7) appoint or recognise persons as Professors, Readers or Lecturers or otherwise as Teachers of the University;
(8) appoint persons working fit any other University or organisation as Teachers of the University for specified periods;
(9) create administrative, ministerial and other posts, make appointments thereto and prescribe their qualifications and the terms and conditions of their service;
(10) prescribe the Courses of instruction and studies for the various examinations;
( 11) make provision, wherever feasible, in the University Departments, colleges and institutions for survey and collection of statistics, data and other particulars for national planning and evaluation, through the students as a part of their curricular activities and subjects and in liu of a paper or part thereof, for their examinations;
(12) guide the teaching in colleges by deputation of teachers from a pool of Teachers of the University, and supplement teaching in colleges for improving their standards;
(13) institute degrees, diplomas, certificates and other academic distinctions on the basis of examinations or any other tests, or otherwise;
(14) hold examinations and confer degrees, diplomas, certificates and other academic distinction on persons who
(a) have, unless exempted therefrom in the manner prescribed. Pursued approved courses of studies in the University, or in a conducted, constituent or affiliated college or in a recognised institution, and have passed the examinations prescribed by the University;
(b) have pursued approved courses of studies through correspondence or otherwise, under conditions provided by the Ordinances and Regulations, or
(c) have engaged in research under conditions provided by the Ordinances and Regulations;
(15) confer honorary degrees or other academic distinctions as prescribed by the statutes;
(16) grant such degrees, diplomas and certificates to, and provide such lectures, instructions and training for, external students and persons who are not enrolled as students of the University, as the University may, prescribe;
(17) admit to the privileges of the University colleges and institutions not maintained by the University, and withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the Statutes, and recognise balls and hostels not maintained by the University and withdraw such recognition;
(18) designate a college, institution or department as an autonomous College, Institution or Department, as the case may be, in the manner and on the conditions prescribed by the Statutes;
(19) inspect colleges and recognised institutions through suitable machinery established by the Statutes for the, purpose, and take measures to ensure that proper standards of instruction, teaching and training are maintained in them, and adequate library and laboratory facilities are provided for;
(20) control and coordinate the activities of, and give financial aid to, constituent and affiliated colleges and recognised institutions;
(21) takeover; in the public interest, with the approval of the State Government and for good and sufficient cause, the management of colleges and recognised institutions under conditions, including any payment to be made therefor, prescribed by the Statutes;
(22) hold and manage trusts and endowments, and institute and award fellowships, travelling fellowships, scholarships, studentships, exhibitions, medals and prizes;
(23) make the University the centre of social and economic transformation through education as envisaged in the preamble, directive principles and other provisions in the
Constitution of India;
(24) make special provision for the benefits of University education to be made available to classes and communities which are socially and educationally backward;
(25) make special provision for such benefits of University education to be made available for women students as the University may think necessary;
(26) make special provision for higher education in the rural areas;
(27) fix, demand and receive or recover such fees and other charges as may be regulated by the Ordinances;
(28) supervise, control and regulate the residence, conduct and discipline of the students of the University, colleges and institutions;
(29) make arrangements for promoting the health, corporate life, and general welfare of the students, and promote extra-curricular and welfare activities through such students' organisations as are prescribed by the Statutes;
(30) make arrangements for promoting the health and general welfare of the employees of the University;
(31) conduct, coordinate, regulate and control teaching and research in the colleges and institutions recognised by the University;
(32) provide facilities for refresher and vacation courses;
(33) provide for the training of teachers;
(34) collect funds for educational and other social or national causes, and make payments therefrom for the purposes for which they were collected;
(35) establish, maintain and manage
(a) a Printing and Publication Department; (b) University Extension Boards; (c) Information Bureaus; (d) Employment Guidance Bureaus; (c) Cooperative Societies; and (f) Health Services;
(36) make provision for
(a) the National service scheme
(b) the National Cadet Corps;
(c) the National Sports Organisation;
(d) physical and military training;
(c) extra-mural teaching and research;
(f) the Students' Council; and
(g) any other activities directed towards cultural, economic and social betterment;
(37) provide for special training or coaching for competitive examinations for recruitment to the public services and public undertakings;
(38) cooperate or collaborate with any other University, authority or organisation in such manner and for such purposes as the Executive Council may determine;
(39) effect disaffiliation, in part or in whole, by withdrawing permission to conduct certain courses;
(40) promote itself, or in co-operation with other Universities, the study or Marathi and the use of Marathi as a medium of instruction and examination;
(41) prescribe or control the fees and other charges which may be received or recovered by the managements of the colleges and recognised institutions;
(42) borrow, with the approval of the State Government and on the security or the property of the University moneys for the purposes of the University; and
(43) do all such other acts and things as may be necessary for, or incidental or conductive to, the attainment of all or any of its objects.
SECTION 05: JURISDICTION AND ADMISSION TO PRIVILEGES OF THE UNIVERSITY
(l) The territorial limits, within which the powers conferred upon the University by this Act shall be exercised, shall comprise the whole of the University area:
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