RULES & REGULATIONS

MGM Institute of Health Sciences, NAVI MUMBAI.

 

1. DEFINITION OF TERMS USED IN BYE LAWS

In these rules unless the context otherwise requires

a)      Academic Council means the Academic Council of the MGM University

b)      Authorities mean the authorities of the MGM University.

c)      Board of Management means the Board of Management of the MGM University.

d)      Chancellor means the Chancellor of the MGM University.

e)      Central Government means the Government of India.

f)       Management means the Founder, Trustees and authorities of Mahatma Gandhi Mission (Sponsoring Trust / Society).

g)      Pro Vice Chancellor means Pro Vice Chancellor of the MGM University.

h)      Prescribed means prescribed by Rules, Regulations or Bye Laws.

i)        State Government means the Government of Maharashtra.

j)        Vice Chancellor means the Vice Chancellor of the MGM University.

 

2. AREA OF OPERATION

All over the India with International perspective

3. ACCOUNTING YEAR

The accounting year shall be from 1^st April to 31^st March of every year.

4. MEMBERSHIP

Any person who becomes above 21 years and willing to join the organization and who shall subscribe to the objects of the society shall be considered and approved by the Managing Committee within one month from the date of receipt of application for membership. The power to accept or reject the application shall vest with the Managing Committee.

 

4A. TYPES OF MEMBERSHIP

There are following memberships of the Society:

1)      Life Member :- Those who pay Rs.100000/- as donation shall be called life member of the Society.

2)      General Member :- Those who pay Rs. 25,000/- per year subscriptions shall be called the General Member of the Society.

 

4B. TERMINATION OF THE MEMBERSHIP

Membership shall be discontinued on account of :-

a)      Death or insanity of the member.

b)      Resignation of the member if accepted.

c)      Indulgence of the member in illegal maters considered against the social objectives of the Society.

 

4C. AUTHORITIES OF THE MGM UNIVERSITY

The following shall be the authorities of the MGM University

1)      Board of Management

2)      Academic Council

3)      Boards of Studies

4)      Planning and Monitoring Board

5)      Finance Committee

6)      Such other authorities as may be declared by the Rules to be the authorities of the MGM University.

5. Powers and Composition of the Board of Management

The Board of Management shall be the principal organ of management in the MGM University. It shall be a compact and homogenous body enabling it promptly to take and implement well considered decisions and to effectively handle crisis situations.

 

(a) Powers

The Board of Management shall be the principal executive body of the MGM University and shall, in addition to all powers vested in it have the following powers namely :

 

i) To manage and administer the revenues and properties of the

MGM University and to conduct all administrative affairs of the MGM University not otherwise specifically provided for.

 

ii) To create teaching and academic posts, to determine number, qualifications and cadres thereof as approved by the MGM University / University Grants Commission and the emoluments of such posts in consultation with the Finance Committee.

 

iii) To appoint such Professor, Associate Professors, (Readers, Asstt. Professors (Lecturers) and other academic staff as may be necessary on the recommendation of the Selection Committee.

 

iv) To lay down the duties and conditions of service of the Professor, Associate Professors, Asstt. Professors and other academic staff maintained by the MGM University, in consultation with the Academic Council.

 

v) To provide for appointment of Visiting Fellows and Visiting Professors.

 

vi) To create administrative, ministerial and other necessary posts in terms of the cadres laid down or otherwise and to make appointment thereof in consultation with the Finance Committee.

 

vii) To grant leave of absence to the Vice Chancellor or any other officer of the MGM University and to make necessary

arrangements for carrying on the functions of the officers proceeding on leave during their absence.

viii) To regulate and enforce discipline among the employees of the MGM University and to take appropriate disciplinary action, wherever necessary.

 

ix) To manage and regulate the finance, accounts, investments, property and all other administrative affairs of the MGM University and for that purpose to appoint such agent or agents as it may deem fit.

 

x) To entertain and adjudicate upon and, if thought fit, to redress any grievances of the employees and students of the MGM University.

 

xi) To select an emblem and to have a common seal for the MGM University and to provide for the custody and use of such seal.

 

xii) To MGM University, Fellowships, including Traveling, Fellowships, Scholarships, Studentships, Medals and Prizes in accordance with the Bye-laws to be framed for the purpose.

 

xiii) To amend and receive payment of fees and other charges.

 

xiv) To appoint such committees for such purpose and with such powers as the Board of Management may think fit and to co-opt such persons on these committees as it thinks fit.

 

xv) To appoint Auditors for the ensuing year.

 

xvi) To open account or accounts of the MGM University with any one or more scheduled banks and to lay-down the procedure for operating the same.

 

xvii) To manage the Finances, accounts, investments, moveable properties, business and all other administrative affairs of the MGM University.

 

xviii) To issue appeals for funds for carrying out the objectives of the MGM University and consistent with the provisions of the objectives clauses of the MGM University, to receive grants, donations, contributions, gifts, prizes, scholarships, fees and

other moneys, to give grants and donations, to award prizes, scholarships etc.

 

xix) To purchase, take on lease or accept as gift or otherwise any land or buildings or works which may be necessary or convenient for the MGM University.

 

xx) To draw and accept and make and endorse discount and negotiate Government of Indias and other promissory notes, bills and exchange, cheques or other negotiable instruments.

 

xxi) To transfer or accept transfers of any movable property on behalf of the MGM University.

 

xxii) To advise the management trustees on matters regarding acquisitions, management and disposal of any immovable property on behalf of the MGM University.

 

xxiii) To provide building or buildings, premises, furniture, fittings, equipment, appliances and other facilities required for carrying on the work of the MGM University.

 

xxiv) To execute in consultation with the management Trustees conveyance, transfer, Government Securities, re-conveyances, mortgages, leases, bonds, licenses and agreements in respect of property, moveable or immovable belonging to the MGM University or to be acquired for the purposes of the MGM University.

 

xxv) To appoint, in order to execute an instrument or transact any business of the MGM University, any person as attorney of the MGM University with such powers as it may deem fit.

 

xxvi) In consultation with the management Trustees to raise and borrow money on bonds, mortgages, promissory notes or other obligations or securities founded or based on any of the properties and assets of the MGM University or without any securities and upon such terms and conditions as it may think fit and to pay out of the funds of the MGM University, all expenses, incidental to the raising of money and to repay and redeem any money borrowed.

 

 

xxvii) To invest the funds of the MGM University or money entrusted to the MGM University in or upon such securities and in such manner as it may deem fit and from time to time transpose any investment.

 

xxviii) To maintain a fund to which shall be credited:

 

(a) Moneys provided by the Central or State Government / MGM University / University Grants Commissions

(b) All fees and other charges received by the MGM

University.

(c) All moneys received by the MGM University as grants, gifts, donations, benefactions, bequest or transfers and

(d) All money received by the MGM University in any other manner or from any other source.

 

xxix) To deposit all moneys credited to the fund in scheduled banks or to invest them in consultation with the Finance Committee.

 

xxx) To maintain proper accounts and other relevant records and prepare Annual Statements of Accounts including the Balance-sheet for every previous financial year, in such form as may be prescribed by the Regulations / Bye-laws.

 

xxxi) To constitute, for the benefit of the teaching, academic, technical, administrative and other staff, in such manner and subject to such conditions as may be prescribed by the Bye-laws such pension, insurance, provident fund and gratuity as it may deem fit for the benefit of the employees of the MGM University and to aid in the establishment and support of Association, Institutions, Funds, Trusts, and conveyances calculated to benefit the staff and the students of the MGM University.

 

xxxii) To delegate, all or any of its powers to any committee or sub-committee constituted by it or the Vice-Chancellor of the MGM University or any other person.

 

xxxiii) To establish, on the advice of the Academic Council Divisions and Departments for the academic work and functions of the MGM University and to allocate areas of Study, Teaching and Research to them.

xxxiv) To conduct examinations or tests for admission to the courses taught in the MGM University to conduct examinations for Degrees and diplomas and to declare the results of such examinations and tests and to confer, grant or award Degrees, Diplomas, Certificates and other academic titles and distinctions.

 

xxxv) To establish, maintain and manage hostels for the students of the MGM University.

 

xxxvi) To fix the emoluments and traveling and other allowances of examiners, moderators, tabulators and such other personnel appointed for examinations in consultation with the Academic Council and the Finance Committee.

 

xxxvii) To recognize and maintain control and supervision on

hostels owned and managed by other agencies for the students of the MGM University and to rescind such

recognition.

 

xxxviii) The Board of Management shall be the principal executive

body of the MGM University and shall have the powers to

take all necessary decisions for the smooth and efficient

functioning of the MGM University.

 

(b) Composition of the Board of Management

The Board of Management shall consist of :-

1. Chancellor . Chairman

2. Vice - Chancellor . Vice Chairman

3. Dean of MGM University

4. Three nominees of the Chairman of the MGM University.

5. One nominee of the Chairman, UGC

6. One nominee of the Government of India

7. Two nominees of the funding agency / agencies

1.     Three Teachers (Professor, Reader, Lecturer) (by rotation) according to seniority

2.     Two nominees of the sponsoring Society

3.     The Registrar shall be the non-Member Secretary

Note :- (The Chairman of the Board of Management shall ordinarily be the Chancellor of the MGM University. However, while suggesting the composition of the Board of Management, alternate proposals for appointment of a Chairman of the Board could be made.)

 

(c) Terms of Membership

All the members of the above body other than ex-officio and the members of the teaching staff shall hold office for a term of three years and shall be eligible for reappointment.

 

Members of teaching staff in the above body shall hold office for a period of 2 years or till such time as they continue to be members of the teaching staff, whichever less.

(d) Meeting of the Board of Management

(i) The Board of Management shall meet at least four times a year. Not less than 15 days notice shall be given for a meeting of the Board of Management and a copy of the proceeding of each meeting shall be furnished to the president of the MGM University as soon as possible after the meeting.

 

(ii) Each member of the above Body including its Chairman shall have one vote and decisions at the meeting of the Board shall be taken by simple majority. In case of a tie the Chairman shall have a casting vote.

 

(iii) Every meeting of the above Body shall be presided over by its Chairman, and in his absence by a member chosen by the members present from amongst themselves shall preside over the meeting.

(iv) Any business, which it may be necessary for the above

Body to perform, may be carried out by circulating appropriate resolution thereon among its members and any resolution so circulated and approved by a simple majority shall be as effective and binding as if such

Resolution had been passed at the meeting of the Board. If a member other than the Vice-Chancellor or those representing the teachers accepts a full time appointment in the MGM University or he does not attend three consecutive meetings of the Board of Management without proper leave of absence, he shall cease to be a member of the above Body.

6.     Constitution of Standing committee and Appointment of Ad-Hoc Committee by the Board of Management.

(i) Subject to the provision of the Rules / Bye-laws of the MGM University the Board of Management may by a resolution constitute such standing Committee or co-Committee or Ad-hoc Committee or Committees for such purposes and with such powers as the Board may think fit for exercising any power or powers of discharging any functions of the MGM University or for inquiring into reporting and advising upon any matter of the MGM University.

 

(ii) The Board of Management may co-opt such persons on the standing Committees or ad-hoc Committees, as it may consider suitable.

 

 

7.     Delegation of Powers of the Board of Management

The Board of Management may by a resolution, delegate to the President, Vice-Chancellor or any other officer of the Standing Committee or the AD-hoc Committee such of its powers as it may deem fit, subject to the condition that the action taken by the President or the Vice-Chancellor or the officer concerned or the Standing Committee or the Ad-hoc Committee concerned in the exercise of the powers so delegated shall be reported at the next meeting of the Board of Management.

 

 

8.     Academic Council

The Academic Council shall be the principal academic body of the MGM University and shall, subject to the provisions of the Memorandum of Association and the Rules and Bye-laws shall have the control over and be responsible for the maintenance of standards of education, teaching and training, inter-departmental co-ordination, research, examinations and tests within the MGM University and shall exercise such other powers and perform such other duties and functions as may be prescribed or conferred upon it by the Rules and Bye-laws.

 

(a) Membership of the Academic Council

(i) The Academic Council shall consist of the following

persons, namely :

(a) Vice-Chancellor of the MGM University ------ Chairman

(b) Dean of the MGM University

(c) Heads of the Department of the MGM University

(d) Ten Professors other than the Heads of the

Departments (by rotation and on seniority)

(e) Three Readers from the Departments other than the Heads of the Departments by rotation in the order of seniority nominated by the Vice-Chancellor.

(f) Three Lecturers from the Departments by rotation in the order of seniority nominated by the Vice-Chancellor.

(g) Three persons from amongst educationists of repute or persons from any other field related to the activities of the MGM University who are not in the service of the MGM University nominated by the Chairman

(h) Three persons who are not members of the teaching staff co-opted by the Academic Council for their specialized knowledge.

 

The term of members other than ex-officio members shall be

two years. They shall not be eligible further unless every

one has completed one term.

 

Note :- The representation of different categories should be only through rotation and not through election. It may also be ensured that no particular faculty dominates the membership of the council.

 

(b) Powers and Functions of the Academic Council

The Academic Council shall be the principal academic body of the MGM University and shall in addition to all other powers and duties vested in it, have the following powers and duties viz :

 

(a) To exercise general supervision over the academic work of

the MGM University and to give direction regarding methods of instructions, evaluation, research or improvements in academic standards.

 

(b) To promote research within the MGM University, acquire reports on such researches from time to time.

(c) To consider matters of academic interest either on its own

initiative or at the instance of the Board of Management and to take proper action thereon.

(d) To make arrangements for the conduct of examinations in conformity with the Bye-laws.

 

(e) To maintain proper standards of the examinations.

 

(f) To recognize diplomas and degrees of Universities and other Institutions and to determine equivalence with the diplomas and degrees of the MGM University.

 

(g) To prescribe course of study leading to degrees and diplomas of the MGM University.

 

(h) To appoint examiners, moderators, tabulators and such other personnel for different examinations.

 

(i) To suggest measures for departmental co-ordination.

 

(j) To make recommendations to the Board of Management on :

(i) Measures for improvement of standards of teaching, training and research.

(ii) Institutions of Fellowships, Traveling Fellowships, Scholarships, Medals, Prizes etc

(iii) Establishment or abolition of departments / centers and

(iv) Bye-laws covering the academic functioning of the MGM University, discipline, residence, admissions, examinations, award of fellowships and studentships, freeships, concessions, attendance etc.

(k) To appoint sub-committees to advise on such specific

matters as may be referred to it by the Board of Management.

 

(l) To consider the recommendations of the sub-committees and

to take such action (including making of recommendations to the Board of Management) as the circumstances on each case may require.

(m) To take periodical review of the activities of the Departments / Centres and to take appropriate action (including making of recommendations to the Board of Management) with a view to maintaining and improving the standards of instruction.

(n) To exercise such other powers and perform such other duties as may be conferred or imposed upon it by the rules and bye-laws.

(o) To recommend institution of Teaching posts, Professors, Readers and Lecturers to the Board of Management.

 

(c) Meeting of the Academic Council

(i) The Academic Council shall meet as often as may be necessary but not less than three time during the academic year.

(ii) One third of the total members of the Academic Council shall constitute the quorum for the meeting of the Academic Council.

(iii) Any business which it may be necessary for the Academic Council to perform except such as may be placed before its meeting, may be carried out by circulation of the resolution among all its members and the resolution so circulated and approved by a simple majority shall be effective and binding

as if such resolution had been passed in the meeting of the Academic Council, provided that at least one half of the total number of the members of the Academic Council have recorded their views on the Resolution.

 

 

9.     Finance Committee

The finance Committee shall consist of the following members

i. Vice-Chancellor of the MGM University Chairman.

ii. A person nominated by the Chairman.

iii. Two nominees of the Board of Management on of whom shall be a member of the Board.

iv. A representative of the UGC.

v. A representative of the Central Government / State Government.

 

(a) Terms of Office of the Members of the Finance Committee

All members of the Finance Committee other than ex-officio members shall hold office for a term of three years

 

(b) Powers and Functions of the Finance Committee

(a) The Finance Committee shall meet at least twice a year to

examine the accounts and to scrutinize proposals for

expenditure.

(b) The annual accounts and financial estimates of the MGM University shall be placed before the Finance Committee for consideration and thereafter submitted to the Board of Management together with the comments of the Finance Committee for approval.

(c) The Finance Committee shall fix limit of the total recurring expenditure and the total non-recurring expenditure of the year based on the income and resources of the MGM University. No expenditure shall be incurred by the MGM University in excess of the limits so fixed.

(d) No expenditure other than that provided in the budget shall be incurred by the MGM University without the approval of the Finance Committee.

(e) To recommend to the Board of Management the creation of all types of posts.

 

 

10.                        Advisory Committee

For a period of first ten years the Institution will have an Advisory Committee under the Chairmanship of a person nominated by the Commission from among members of the Commission including Vice-Chairman. The Advisory Committee will include the Head of the Institution and its senior faculty along with one / two experts nominated by the UGC to help its academic planning and growth.

 

 

11.                        Planning & Monitoring Board

The Planning and monitoring Board shall be the principal Planning Body of the MGM University and shall be responsible for the monitoring of the development programmes of the MGM University.

 

The Vice-Chancellor of the MGM University shall be the Chairman of the Planning and Monitoring Board. It may include six or seven internal members and a few outside experts, including one nominee of the UGC.

 

The constitution, powers and functions of the Planning and Monitoring Board shall be prescribed by the Byelaws.

 

The Planning and Monitoring Board would have the right to advise the Board of Management and the Academic Council on any matter, which it considers necessary for the fulfillment of the objectives of the MGM University.

The recommendations of the Planning and Monitoring Board shall be placed before the Board of Management for consideration and approval. Proposals relating to academic matters may be processed through the Academic Council.

 

 

12.                        Selection Committee

I. There shall be a Selection Committee for making recommendations to the Board of Management for appointment to the posts of Professors, Associate Professors and Asstt. Professors in the MGM University and such other posts as may be prescribed by the Bye-laws.

 

 

II. Every selection Committee shall consist of the following members :

 

(a) For Appointment of Professors

i. Vice-Chancellor of the MGM University as Chairman.

ii. A person nominated by the Chairman.

iii. Dean of Faculty / Head of the Dept. / Chairman, Board of studies, provided he is a Professor.

iv. Three outside experts nominated by the Chairman from a panel of not less than six names recommended by the Academic Council and approved by the Board of Management.

 

(b) For Appointment of Readers and Lecturers

i Vice-Chancellor Chairman

ii. A person nominated by the Chairman of the MGM University.

iii. Dean of Faculty / Head of the Dept. / Chairman, Board of Studies, provided he is a Professor or Reader.

iv. Two outside experts nominated by the Chairman from a panel of not less than six names recommended by the Academic Council and approved by the Board of Management.

 

 

 

 

III. Meetings

(a) The meetings of the Selection Committee will be convened by the Chairman of the Selection Committee as and when necessary.

 

(b) Four members of the Selection Committee shall form the quorum, consisting of at least two experts.

 

(c) If the Board of Management is unable to accept the recommendation of the Selection Committee, it shall record its reasons about it and submit the case to the President, whose decision shall be final in the matter.

 

 

13.                        Board of Studies

I. There shall be one Board of Studies for each Department of the MGM University.

II. The Board of Studies of each Department shall consist of :

(a) Head of the Department ------ Chairman

(b) All Professors of the Department

(c) Two Readers of the Department by rotation according to seniority.

(d) Two Lecturers of the Department by rotation according to seniority.

(e) Not more than 2 persons to be co-opted for their expert knowledge including those belonging to the concerned profession or industry.

 

The powers and functions of the Board of Studies shall be

prescribed by the Bye-laws of the MGM University.

 

 

14.                        Grievance Redressal Machinery

For individual grievance and complaint, every Institution shall have Grievance Redressal Machinery as maybe prescribed in the Bye-laws.

 

 

15.                        Officers of the MGM University

The following shall be the officers of the MGM University :

(i) Vice-Chancellor

(ii) Registrar

(iii) Finance Officer and such other officers as may be prescribed in the Bye-laws.

(iv) Controller of Examinations.

 

 

(a) President

The Chairman of Mahatma Gandhi Mission shall be the

President who by virtue of his office be the Head of the MGM University and shall when present preside over the convocations of the MGM University. He shall be appointed by the sponsoring Society / Government and shall hold office for a period of 5 years.

 

Where power is conferred upon the President to nominate persons to authorities, the President shall to the extent necessary nominate persons to represent the various interests for the furtherance of the objectives of the MGM University.

 

(b) Vice-Chancellor

The Vice-Chancellor shall be a whole time salaried officer of the MGM University and shall be appointed by the President from a panel of three names suggested by a Search Committee. The composition of the above Committee would be :-

i) A nominee of the President of the MGM University.

ii) A nominee of the State Government / Central Government

iii) A nominee of the Chairman, UGC.

 

Provided further that if the President does not approve of any

of these persons so recommended, he shall call for a fresh

panel.

 

The Vice-Chancellor shall hold office for a term of 5 years.

He shall not be eligible for reappointment.

 

Provided that, notwithstanding the expiry of the said period of 5 years, he can continue in office till his successor is appointed and assumes office, but not beyond six months.

 

Provided further that a person appointed, as Vice-Chancellor shall retire from office during the tenure of his office of extension, thereof, in any, he completes the age of 65 years.

 

If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise and in his absence due to illness or any other cause, the Dean or if there is no Dean, the senior most Professor shall perform the duties of Vice-Chancellor resumes duties.

i) The Vice-Chancellor shall be the Principal and executive officer of the MGM University and shall exercise general supervision or control over the affairs of the MGM University and implement the decisions of all the authorities of the MGM University.

 

ii) The Vice-Chancellor may, if he is of the opinion that immediate action is called for on any matter exercise any power conferred upon any authority of the MGM University under the Memorandum of Association and the Rules and Regulations / Bye-laws, take such action or proceed to take such action and shall report to the concerned authority on the action taken by him on such matters.

 

Provided that if the authority concerned as mentioned in clause (i) above is of the opinion that such action ought not to have been taken, it may refer the matter to the President whose decision thereon shall be final.

 

Provided further that any person in the service of the

MGM University is aggrieved by the action taken by the Vice-Chancellor under the said clause he shall have the right to appeal against such action to the Board of Management within 30 days from the date on which such action is communicated to him and thereupon the Board of Management may confirm, modify or reverse the action taken by the Vice-Chancellor.

 

iii) The Vice-Chancellor, unless otherwise provided, shall

be the Ex-officio Chairman of the Board of Management, the Academic Council and the Finance Committee.

 

iv) It shall be the duty of the Vice-Chancellor to ensure that the Memorandum of Association, the Rules, Bye-laws and Regulations of the MGM University are duly

observed and implemented and he shall have all the necessary powers in this regard.

 

v) The Vice-Chancellor shall exercise general control over the affairs of the MGM University and shall be mainly responsible for implementation of the decisions of the various authorities of the MGM University.

 

i)                   All powers relating to the proper maintenance and discipline of the MGM University shall be vested in the Vice-Chancellor.

 

ii)                 The Vice-Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the Rules ad Bye-laws and Regulations.

 

iii)               The Vice-Chancellor shall exercise all other powers as may be delegated to him by the Board of Management.

 

iv)               The Vice-Chancellor shall have the power to re-delegate some of his powers to any of his subordinate officers with the concurrence and approval of the Board of Management

 

v)                 The Vice-Chancellor shall have the power to convene or cause to be convened meetings of the various bodies of the MGM University.

 

(c) Head of the Department

(i) There shall be a Head of the Department for each of the Departments in the MGM University who shall be appointed by the Vice-Chancellor from amongst the Professor of the Department.

Provided that, if there is no Professor in the Department, the Vice-Chancellor may appoint a Reader as Head of the Department.

(ii) The term of appointment of the Head of the Department shall normally be 3 years and he shall be eligible for reappointment for one more term.

(iii) The powers and function of the Head of the

Department shall be prescribed by the Bye-laws of the

MGM University.

 

 

(d) Registrar

(a) The Registrar shall be a whole-time salaried officer of

the MGM University and shall be appointed by the Board of Management on the recommendations of the Selection Committee consisting of the following :-

i) Vice-Chancellor - Chairman

ii) One nominee of the President of the MGM University.

iii) One nominee of the Board of Management

iv) One expert appointed by the Board of Management who is not an employee of the MGM University.

 

(b) The emoluments and other terms and conditions of service of the Registrar shall be as may be prescribed by the Bye-laws.

 

(c) When the office of the Registrar is vacant or when the Registrar is absent by reason of illness or any other reason the duties and functions of the Registrar shall be performed by such other person as the Vice-Chancellor may appoint for the purpose.

 

(d) The Registrar shall be ex-officio Secretary of the Board of Management, the Academic Council, Planning and Monitoring Board but shall not be deemed to be a member of any of these authorities.

 

(e) The Registrar shall be directly responsible to the Vice-Chancellor of the MGM University.

(f) The following shall be the duties of the Registrar :

 

a.      To be Custodian of the records, the funds of the MGM University and such other property of the MGM University as the Board of Management may commit to his charge.

b.     To conduct the official correspondence on behalf of the authorities of the MGM University.

c.     To issue notice-convening meetings of the authorities of the MGM University and all Committees and Sub-Committees appointed by any of these authorities.

d.     To keep the minutes of the meetings of all the authorities of the MGM University and of all the committees and sub-committees appointed by any of these authorities.

e.      To make arrangement for and supervise the examinations conducted by the MGM University.

f.       To represent the MGM University in suits or proceeding by or against the MGM University, sign powers of attorney and person pleading or depute his representatives for this purpose.

g.     To enter into agreement, sign document and authenticate records on behalf of the MGM University.

h.     To hold in special custody books and documents of the MGM University.

i.        To safeguard maintain the building, gardens, office, canteen, cars and other vehicles laboratories libraries, reading room, equipment and other properties of the MGM University.

j.        To perform such other duties as may be specified in the Rules and Bye-laws or as may be specified by the Board of Management or the Vice-Chancellor from time to time.

 

 

(g) Finance Officer

The Finance Officer shall be whole time salaried officer of the MGM University and shall be appointed by the Board of Management preferably on deputation from a panel of names submitted by the State Government / Central Government. The emoluments and other terms and conditions of service of the Finance Officer shall be as may be prescribed by the Bye-laws.

 

The Finance Officer shall work under the supervision of the Vice-Chancellor and is accountable to the Board of

Management, through the Vice-Chancellor. He would be the Ex-officio non-Member Secretary of the Finance Committee. He would be an advisor to the Vice-Chancellor for financial matters.

 

Subject to the control of the Board of Management to manage properly and investment of the MGM University, he shall be responsible for the preparation of annual estimates and statements of account for submission to the Finance Committee and the Board of Management.

 

 

 

16.                        Seniority List

(a) Whenever in accordance with these Rules, any person is to hold an office or to be a member of an authority of the MGM University by rotation according to seniority, such seniority shall be determined according to the length of the continuous service of such person in grade and in accordance with such other principles as the Board of Management may from time to time prescribe.

 

(b) It shall be the duty of the Registrar to prepare and maintain in respect of each class of persons to whom the provisions of these rules apply, a complete and up-to-date seniority list in accordance with the provisions of the foregoing clause.

 

(c) If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is in doubt, the Registrar may on his own notion and shall at the request of any such person, submit the matter to the Board whose decision shall be final.

 

 

17.                        Delegation of Powers

Subject to the provisions of these Rules and Bye-laws any officer or authority of the MGM University may delegate his or it power to any other officer or authority or person under their respective control and subject to the conditions that the overall responsibility for exercise of the powers so delegated shall continue to rest in the officer or Authority delegating such powers.

 

 

18.                        Dispute as to Membership

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

 

 

19.                        Right of Central Government to Inspect the Institution

i) The Government of India, shall have the right to cause an inspection to be made by such person or persons as it may direct, of the MGM University, its buildings, fixtures and fittings, laboratories and equipment as also examinations, teaching and other work carried on or done by the MGM University and, if necessary, to cause an inquiry to be made in respect of any matter connected with the administration or finance of the MGM University.

 

ii) The Government of India shall in every case give notice to the MGM University of its intention to cause an inspection or inquiry to be made and on receipt of such a notice the MGM University shall have the right to make such representations to the Government of India as it may consider necessary.

 

iii) Where an inspection or inquiry has been caused to be made by the Government of India the MGM 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.

 

iv) The Government of India may communicate the result of such inspection or inquiry together with such advice as it may be pleased to offer as to the action to be taken by the MGM University, to the Vice-Chancellor of the MGM University who shall communicate the same to the Board of Management.

 

v) The Board of Management shall give proper consideration to the said communication regarding the result of inspection or inquiry and the proposal for action by the MGM University and communicate to the Government of India the action, if any, which it proposes to take or has taken upon the result of such inspection or inquiry.

 

vi) Where the Board of Management, does not within a reasonable time take any action to the satisfaction of the Government of India, the Government of India may after giving due consideration to the explanation furnished or representation made by the Board of Management to it, issue such directions as it may think fit and the Board of Management shall comply with such directions.

 

 

 

 

 

 

20.                        Review of the Academic Activities of the MGM University

i) The functions of the MGM University shall be reviewed after a period of every 5 years or even earlier, if necessary by a Committee appointed by the MGM University / Grants Commission.

 

ii) The report of the Committee shall be considered by the Commission. In the event of and adverse appraisal of the MGM University, the Commission shall direct the MGM University to take immediate remedial measures. In the event of non-compliance of the Commissions directions within the specified period as determined by the UGC in this respect, the Commission shall have the right to recommend to the Government of India for the revocation of the Notification issued earlier declaring an

MGM University as deemed to be university.

 

 

21.                        Resignation

Any member other than an ex-officio member of any authority may resign by a letter addressed to the registrar and the resignation shall take effect as soon as it is accepted by the President as the case may be or the Chairman of the Board of Management.

 

 

22.                        Acting Chairman of the Meetings

Where no provision is made for a Chairman to preside over a meeting of an authority of the MGM University or any Committee of such authority, or if the Chairman so provided is absent, the members shall select one from amongst themselves to preside at such meeting.

 

 

23.                        Validation of Certain Acts, Decisions

No Act or proceeding of any authority or any body or any Committee of the MGM University shall be invalid merely by reason of :

a) Any vacancy therein or any defect in the constitution thereof; or

b) Any defect in the nomination of appointment of a person acting as a member thereof, or

c) Any irregularity in its procedure not affecting the merits of the case.

24.                        Disqualification

(a) A person shall be disqualified for having chosen as and for being a member of any of the authorities of the MGM University.

i) If he is of unsound mind or is deaf or mute.

ii) If he is an undischarged insolvent.

iii) If he has been convicted by a court of law of an offence involving moral turpitude.

 

(b) If any question arises as to whether a person is or has been subjected to any disqualification mentioned above, the question shall be referred for decision to the President and his decisions shall be final and no suit or proceeding shall lie in any civil court against such decision.

 

 

25.                        Filling of Casual Vacancies

Casual vacancies among the members (other than ex-offico members) of any authority or any other Committee of the MGM University shall be filled as soon as it may be convenient by the person or the authority who appointed or co-opted the member whose place has become vacant and the person appointed or co-opted to a casual vacancy shall be member of such authority or Committee for the residual term for which the person whose place he fills would have been a member.

 

 

26.                        Bye-laws

Subject to the provisions of the Memorandum of Association and the Rules and Bye-laws, the Board of Management shall in addition to all other powers vested in it, have the power to frame Bye-laws which may provide for all or any of the following matters :

 

(a) Establishment of Department of teaching and halls of residence;

(b) The admission of students to the MGM University and their enrolment as such :

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

(d) The grant of academic awards (such as degrees and diplomas) and distinctions:

(e) The fees to be charged for courses of study in the MGM University and for admission to the examination, degrees, diplomas and certificates of the MGM University.

(f) The institution of and prescription of the conditions of the award of fellowships, scholarships, studentships, medals and prizes :

(g) The conduct of examinations appointment of examiners and approval and publication of results thereof;

(h) The maintenance of discipline among the students;

(i) The maintenance of discipline among the employees of the MGM University;

(j) The conditions of residence and health of students of the MGM University

(k) The classification, emoluments, method of appointment, and the determination of the terms and conditions of service of the teaching staff of the MGM University;

(l) The constitution of pension, provident fund, insurance etc. for the benefit of the officers teachers Academic Staff and the other staff of the MGM University

(m) The establishment of special centers

(n) The creation, composition and functions of any committees or body, which is considered necessary for the work of the MGM University:

(o) The preparation and submission of budget estimates;

(p) The procedure for convening of meeting of any authority or committee;

(q) The laying down of procedures to be observed at any meeting of any authority or any committees:

(r) To constitute any other body as an authority of the MGM University.

(s) All other matters which by this Memorandum or the Rules maybe provided for by the Bye-laws provided that no Bye-laws shall be made affecting the condition of residence health of disciplines of student admission or enrolment of students, conditions, mode of appointment or duties of examiners or the conduct or standard of examinations or any course of study without consulting the Academic Council.

 

 

 

 

 

 

27.                        Interpretation Clause

In the event of conflict of opinion with regard to interpretation of Memorandum of Association or the Rules and Bye-laws the opinion of the UGC shall be final.

 

 

28.                        Income and Property of the MGM University to be Utilised for its object only

The income and property of the MGM University howsoever derived shall be utilized solely for promoting the objects of the MGM University as set out in this Memorandum of Association.

 

 

29.                        Bar on Payment of Transferring of the Income and Property of the MGM University by way of Profit

No portion of the income and property of the MGM University shall be paid or transferred directly or indirectly, by way of dividend, bonus or otherwise howsoever by way of profit to the persons who were at anytime or are members of the MGM University or to any of them or any person claiming through them or any of them provided that nothing herein contained shall prevent the payment in good faith of remuneration to any member thereof or other person as consideration for any service rendered to the MGM University or for traveling or other allowances and such other charges.

 

 

30.                        Adjustment of Income and Property on Dissolution of the MGM University

After, on the winding up or dissolution of the MGM University there shall remain after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid or distributed among the members of the MGM University or any of them but shall be transferred to the MGM University, or other bodies in consultation with the agencies concerned who have helped in creation of those assets.

 

 

31.                        Legal Proceedings

i) For the purpose of Section 6 of the Societies Registration Act, 1860, the person in whose name the MGM University may sue or be sued shall be the Registrar.

 

ii) No suit or legal proceedings shall lie against the Central Government or UGC or the MGM University or and Officer of the MGM University or a member of the authority of the MGM University in respect of anything done or purported or intended to be done in pursuance or any article of Memorandum of Association or the Rules of Bye-laws made there under.

 

 

32.                        Alteration, Amendments, and Additions in the Rules

The Rules and Bye-laws of the MGM University maybe altered, amended and added to by the Board of Management in accordance with the provision of the Societies Registration Act, 1860, as in force for the time being provided any such alterations, amendments and additions in the Rules of the MGM University shall become effective only after the receipt of concurrence of the Government of India.

 

 

33. Funds, Accounts, Audits and Annual Report

(i) The funds of the Society shall be utilized solely for the purpose of the Society.

(ii) The accounts of the MGM University shall be maintained in the name of the MGM University and not in the name of a particular trust or Society whether financing or sponsoring the MGM University or not. The accounts of the MGM University shall be kept in such forms as

may be laid down by the Board of Management and shall conform to the rules, if any, prescribed by the MGM University / University Grants Commission / the Government of India. The accounts of the MGM University will be open to examination by the Comptroller and Auditor General of the Government of India.

(iii) All funds belonging to the MGM University or under the control of the Board of Management shall be shown separately in the accounts of the MGM University.

(iv) Annual Reports and the Audit Reports shall be submitted to the Government of India within nine months of the closure of the accounting year for the purpose of being laid down on the table of the Parliament.

(v)                          The income and expenditure account, as also the annual financial statements and the Comptroller and Auditor General of India through the Accountant General of the State concerned shall audit annual accounts.

(vi)                        The bank account :

MGM Universitys bank account shall be opened in any nationalized / scheduled bank and operated jointly by

any two from President, Secretary and Treasurer.

 

CERTIFICATE

 

This is to certify that above is the true copy of Rule & Regulation MGM Institute of Health Sciences, Navi Mumbai.

 

Name, Designation and Signature of Management Committee Member :