Maharashtra University of Health Sciences Act, 1998
No: 10 Dated: Jan, 21 1999
THE MAHARASHTRA UNIVERSITY OF HEALTH SCIENCES ACT, 1998
ACT No. X OF 1999
An Act to establish and incorporates a University of Health Science in the State of Maharashtra and to provide for matters connected therewith and incidental thereto.
Whereas it was expedient to establish and incorporate an independent University of Health Sciences for the purposes of ensuring proper and systematic instruction, teaching, training and research in modern medicine and Indian System of Medicine in the State of Maharashtra, and to have balanced growth in the medical sciences so also an uniformity in various courses in medical faculty in the State and to provide for matters connected therewith and incidental thereto;
And Whereas it was considered necessary to immediately make a law for the same;
And Whereas both Houses of the State Legislature were not in session;
And Whereas the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to make a law for the purposes aforesaid; and therefore, promulgated the Maharashtra University of Health Sciences Ordinance, 1998, on the 3rd June 1998;
And Whereas upon the reassembly of the State Legislature on the 20th July 1998, the Maharashtra University of Health Sciences Bill, 1998 (L.A. No. XXXV of 1998), for converting the said Ordinance into an Act of the State Legislature, was introduced in the Maharashtra Legislative Assembly on the 21st July 1998 and was passed by the Legislative Assembly on the 30th July 1998 and was then transmitted to the Legislative Council and was passed by the Legislative Council with amendments on the 7th August 1998;
And Whereas both Houses of the State Legislature were prorogued on the 7th August 1998, and therefore, it was not possible to complete the procedure laid down in Article 197(1) for the passing of the said Bill second time by the Legislative Assembly;
And Whereas as provided under Article 213(2)(a) of the Constitution of India, the said Ordinance was to cease to operate after the 30th August 1998, on which date the period of six weeks from the date of reassembly of the State Legislature was to expire;
And Whereas it was expedient to take immediate action to continue the operation of the provisions of the said Ordinance by Saw;
And Whereas both Houses of be State Legislature were not in Session and the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to continue the provisions of the said Ordinance; and therefore, by repealing by withdrawal the said Ordinance, promulgated with retrospective effect, that is with effect from the 3rd June 1998, the Maharashtra University of Health Sciences (Continuance) Ordinance, 1998 on the 29th August, 1998;
And Whereas it is expedient to replace the provisions of the Maharashtra University of Health Sciences Ordinance, 1998 followed by the Maharashtra University of Health Sciences (Continuance) Ordinance, 1998 by an Act of the State Legislature;
It is hereby enacted in the Forty-ninth Year of the Republic of India as follows:-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Maharashtra University of Health Sciences Act, 1998.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall be deemed to have come into force on the 3rd June, 1998.
2. Definitions. - In this Act, unless the context otherwise requires,-
(1) "academic services unit" means a University science and instrumentation centre, academic staff college, computer centre, University printing press or any other unit providing specialised services for the promotion of any of the objectives of the University;
(2) "affiliated college" means a college imparting education in Health Sciences which has been granted affiliation by the University;
(3) "approved institution" means a hospital, health centre, affiliated college or such other institution recognised by the university as an institution in which a person may undergo training, if any, required by a course of study before the conferral of any degree, diploma or other academic distinction of the university;
(4) "authorities" means the authorities of the University as specified by or under this Act;
(5) "autonomy" means a privilege of the University conferred by Statutes permitting a college, institution or a University department to conduct academic programmes and examinations, develop syllabus for the respective subjects and issue certificates of passing the examinations, etc. A college, institution or a University department which has been granted autonomy shall have full academic, administrative and financial autonomy to the provisions of this Act and Statutes;
(6) "autonomous college", "autonomous institution" or "autonomous department" means a college, institution or department to which autonomy is granted and is designated to be so by Statutes;
(7) "bodies", means the bodies of the University formed by the respective authorities;
(8) "Central Councils", means various Councils of Health Sciences constituted by the Central Government;
(9) "Chancellor", Pro-Chancellor", "Vice-Chancellor" and "Pro-Vice-Chancellor" means, respectively, the Chancellor, the Pro-Chancellor, the Vice-Chancellor and the Pro-Vice-Chancellor of the University;
(10) "collaboration" means collaborative academic activity of the University with other universities, academic institutions (local, regional, national or international), research institutions and organizations;
(11) "college" means a college imparting education in Health Sciences conducted by the University or affiliated to the University situated in the State of Maharashtra;
(12) "conducted college" means a college maintained and managed by the University;
(13) "department" means a department teaching a particular subject or a group of subjects in a college as prescribed in Statutes;
(14) "Director" means a head of an institution including a centre, or a school of the University as designated by the Management Council;
(15) "Director of Medical Education and Research", "Director of Health Services" and "Director of Ayurveda" means respectively, the Director of Medical Education and Research, Maharashtra State, the Director of Health Services, Maharashtra State and the Director of Ayurveda, Maharashtra State;
(16) "Government" means the Government of Maharashtra;
(17) "Health Sciences" means modern scientific medicine in all its branches concerning preventive, promotive, curative and rehabilitative services and includes surgery, obstetrics and gynaecology [* *], dental science, nursing and other allied subjects including the Indian Systems of Medicine in all their branches;
(18) "hostel" means unit of residence for the students of the University maintained or recognised by the University in accordance with the provisions of this Act;
(19) "Indian Systems of Medicine" includes Ayurveda, Unani, Homoeopathy, Naturopathy, Yoga and such other disciplines as may be prescribed;
(20) "Local Managing Committee" means a Committee constituted for a College under the provisions of this Act;
(21) "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 the management of which one or more colleges or recognised institutions or other institutions are conducted and admitted to the privileges of the University: