A. University of Poona Statues
Statute 414. Responsibilities of the Head of the University Department/ Principal:
Subject to the supervision and general control of the University/Governing Body, the Head of the
University Department/Principal as an administrative and academic Head of the University
Department/College shall be responsible for:
- Academic growth of the University Department/College
- Participation in the teaching work, research, and training programmes of the University
Department/College - Assisting in planning and implementation of academic programmes such as orientation courses, seminars, in service and other training programmes organised by the University
Department/College, for academic competence of the Faculty Members - Admission of students and maintenance of discipline of the University Department/College
- Management of University Department Library/College Libraries, Laboratory, Gymkhana and Hostels, if any
- Receipts, expenditures and maintenance of accounts and submission of quarterly statement of accounts to the Management and to the Local Managing Committee
- Observance of provisions of Accounts Code
- Correspondence relating to the administration of the University Department/ College
- Administration and supervision of curricular, co-curricular/extra-curricular or extramural activities, and welfare of the University Department/College, and maintenance of records
- Observance of the Act, Statutes, Ordinances, Regulations, Rules and other Orders issued thereunder from time to time
- Supervision of University Department/College and University Examinations, setting of question papers, for the University Department/ College and University Examinations, moderation and assessment of answer papers and such other work pertaining to the Examinations as assigned
- Assessing reports of teachers and maintenance of Service Books
- Any other work relating to the University Department/College as may be assigned to him by the Competent Authority from time to time Statute 414 came into force w.e.f. 23.12.1981.
- Assessing reports of members of the non-teaching staff, maintenance of their Service
Books and looking after the general welfare of the non-teaching staff - Observance and implementation of directives issued by Government, authorities viz.
Director of Education / Higher Education / University and other concerned authorities - Safe-guard the interests of teachers/non-teaching staff members and the
Management - Timely submission of information/returns to different authorities viz.
Government/University/University Grants Commission/Management etc. especially
regarding Accounts matters
Statute 417. Probation:
- The period of probation of the teacher shall in no case be more than 24 months, on the
expiry of which he will be deemed to be confirmed unless after assessment of this work by the
Committee, his services are terminated by giving him one month’s notice or one month’s salary in lieu of notice. - The Principal of the conducted College or the Head of the University Department concerned
shall maintain Assessment Reports of the teacher on probations in the Performa prescribed for the purpose by the Vice-Chancellor, for every six month, and complete it at the end of each term of the academic year. The Principal of the conducted College or the Head of the University Department under whom the teacher is working shall send to the Registrar at least two months before the date of expiry of the period of probation, his assessment report with definite recommendations for confirmation in service or otherwise. In case the teacher appointed on probation for a period of less than 24 months is not to be confirmed at the end of his probationary period or his probationary period is to be extended, a confidential report justifying the decision should be attached and such cases be referred to the Vice- Chancellor for further instruction. The Executive Council shall be the deciding authority in these cases. In the case of teachers of Affiliated Colleges, the Principal will maintain Assessment Reports in a similar manner and forward the recommendations to the Chairman, Governing Body for further instructions.
The Governing Body shall be the deciding authority in these cases.
- Statute 417 came into force w.e.f. 23.12.1981
- The Assessment Report of the Principal of Conducted College/Head of the University
Department on probation shall be maintained by the Vice-Chancellor, or the Principal of Affiliated College by the Chairman of the Governing Body and will be placed before the Competent Authority at least two months before the date of expiry of the period of probation with definite recommendations of confirmation in service or extension of probationary period or otherwise. - If the University/Governing Body terminates the services of the teacher on probation on the
ground of reduction in work-load or abolition of the post and if he is reemployed by the same College or a College under the same management subsequently within a year, the period spent by a teacher on probation during his first appointment shall be counted towards the total period of probation of 24 months. He shall be eligible for annual increment, condonation of break-in-service and confirmation, subject to his carrying good Assessment Report.
Statute 418. Service Book:
A service book shall be maintained by the Registrar or any other officer duly authorized by
him/Principal/Head of Recognized Institution for the teacher of the University /College/Recognized Institution and shall contain such information regarding date of birth, date of appointment, qualifications, scale of pay, increments, probation, particulars of leave and such other information as the Competent Authority may prescribe. The entries in the service book shall be brought to the notice of the teacher concerned after the end of each academic year and his signature obtained.
Statute 420. Assessment of Teachers Work:
- In order to evaluate the work of the teacher, he should prepare an out-line of his academic
programme in consultation with the Head of the Department at the beginning of a session and then at the end of the academic year prepare a report of the work done by him which should be submitted to the Head of the University Department/Principal/Head of the Recognized Institution by the end of the year.
In addition, the Assessment Report of the teachers shall be maintained by the Head of the
University Department/Principal/Head of the Recognized Institution for the following purposes:- For evaluation of six monthly report during the period of probation.
- For confirmation in service.
- For Assessment at the time of crossing Assessment Bar in 2[pay scales.]
- For consideration at the time of interview for a higher post.
- Once every three years for determining whether the teacher continues to take his work
seriously. - On other occasions when required for specific purposes.
- The adverse remarks as well as remarks of appreciation of any outstanding work shall be
brought to the notice of the person concerned by Head of the University Department/Principal or Vice-Chancellor/Chairman, Governing Body in the case of Heads of University Departments/Principals with a view to making improvement in the work, by the person concerned, if the report is adverse.- Statutes 418,420 came into force w.e.f. 23.12.1981.
- These words were substituted for the original w.e.f. 07.10.1987.
The teacher aggrieved by any adverse remarks may represent to the Competent Authority which
shall deal with such representation suitably. - The assessment report referred to above shall be made by the persons indicated herein below on the recommendations of the immediate Head under whom the member
of the staff is working :
Assessing Authority Person to be assessed- Vice-Chancellor ..Head of the University Department /Principal of the conducted College.
- Head of the University Department and Principal of conducted college ..The teacher working in the Department Conducted College concerned.
- Chairman, Governing Body ..Principal of Affiliated College/Head of Recognized Institution.
- Principal of Affiliated College/ Head of Recognized Institution..Head of the Department in Affiliated College/Recognized Institution.
- Principal/Head of Recognized Institution in consultation with the Heads of the Departments in the Affiliated Colleges/Recognized Institutions respectively…The Teacher in the Department of Affiliated College/Recognized Institution.
- The Committee consisting of the following members shall consider the Assessment Report for
various purposes laid down in Statute 420 (1) and will also recommend the crossing of the Assessment
Bar in the case of the teacher.- University Department:
- the Vice-Chancellor.
- the Head of the University Department/expert in the subject nominated by the Vice-
Chancellor. - the nominee of the Executive Council.
- Conducted College:
- the Vice-Chancellor.
- Principal of the College concerned.
- the nominee of the Executive Council.
- Affiliated College/Recognized Institution:
- the Chairman, Governing Body or his nominee.
- the Principal of the College concerned/Head of the Recognized Institution.
- the Head of the Department in the subjects, if any, or an expert in the subject nominated
by the Chairman/Governing Body. - Two experts in the subject nominated by the Vice-Chancellor.
However, in case where assessment of the Head of the Department/Principal/Head of the
Institution is concerned, in place of the Head of the Department/Principal/Head of Institution, the words “an outside expert nominated by the Competent Authority” be substituted.
On the recommendation of the Committee referred to above the Executive Council/Governing
Body shall permit the teacher to cross the Assessment Bar in the scale prescribed. If the report is
adverse, he will not cross the Assessment Bar till the authorities concerned recommend that he be permitted to cross the Assessment Bar.
8.Leave Rules: - Sanctioning Authority: The sanctioning authority for granting Casual Leave and other leave,
except as specified under Statute 438 will be the Head of the University Department/Principal/Head of the Institution under whom he is working.
- University Department:
Code of Conduct:
31. The Code or Professional Ethics for University and College Teachers (1989) that has been
adopted by the University Grants Commission (Appendix VI) shall be applicable to the teachers
(including Principals, Librarians, Directors of Physical Education and Instructors of Physical Education) of the University, the affiliated Colleges and the Recognized Institutions.
B. Maharashtra Public Universities Act, 2016
- Statutes relating to discipline and proper conduct for students, and the action to be taken against them for breach of discipline or misconduct, shall also be published in the prospectus of the university, affiliated college or recognized institution and every student shall be supplied with a copy of the same. The principals of the colleges and heads of the institutions, maintained by the university and affiliated colleges, may, prescribe additional norms of discipline and proper conduct, not inconsistent with the Statutes, as they think necessary and every student shall be supplied with a copy of such norm
- It shall be obligatory on every teacher and on the non-teaching employee of the University, affiliated, conducted colleges, community colleges or recognized institutions to render necessary assistance and service in respect of examinations of the university and evaluation of students as prescribed by statutes. If any teacher or non-teaching employee fails to comply with the order of the university or college or institution, in this respect, it shall be treated as misconduct and the employee shall be liable for disciplinary action. In case of failure on the part of the teacher or nonteaching employee of any affiliated college, conducted college, community college or recognized institution, to comply with the order of the university in this respect, the Vice-Chancellor shall have power to take an appropriate action against them, which may include imposing penalties including suspension of approval to the appointment of a teacher, as may be prescribed by the Statutes.
- A person shall be disqualified for being a member of any of the authorities, bodies and committee of university and voting to the authorities, bodies and committees, if he-
- is of unsound mind and stands so declared by a competent court; or
- is an undischarged insolvent; or
- has been convicted of any offence involving moral turpitude; or
- is conducting or engaging himself in private tuitions or private coaching classes; or
- has been punished for indulging in or promoting unfair practices in the conduct of any examination and evaluation, in any form, anywhere; or
- has willfully omitted or refused to carry out the provisions of this Act, Statutes or Ordinances, or has acted in any manner detrimental to the interests of the university; or
- has been punished in any form, by the competent authority for committing
a misconduct; or - discloses or causes to disclose to the public, in any manner whatsoever, any confidential matter, in relation to the examination and evaluation, the knowledge of which he has come to be in possession,
due to his official position: Provided that, the right of voting of the person in respect of clauses (e) and (g) shall Remain suspended during the term of punishment under the said clauses.
Grievances of Teachers and Employees
- There shall be a Grievances Committee in each university to deal with all types of grievances; except grievances against the State Government including its officials, of teachers and other employees of the university, affiliated and autonomous colleges and recognized institutions, other than those managed and maintained by the State Government, Central Government or a local authority; which are not within the
jurisdiction of the University and College Tribunal. - The university shall establish a Grievances Redressal Cell headed by the officer of the university not below the rank of the Assistant Registrar for providing administrative assistance to the Grievances Committee.
- The Grievances Committee shall consist of the following members, namely:-
- retired Judge not below the rank of the District Judge, nominated by the Vice-Chancellor – Chairperson;
- one Dean, nominated by the Vice-Chancellor;
- Chancellor’s nominee on the Management Council;
- Registrar;
- one teacher belonging to Scheduled Castes or Scheduled Tribes or De-notified Tribes (Vimukta Jatis) or Nomadic Tribes or Other Backward Classes and one non-teaching employee nominated by the Senate from amongst its members;
- Law Officer of the University – Member-Secretary.
- The nomination of a retired Judge as the Chairperson and of a Dean as the member of the Grievances Committee, shall be for such period, not exceeding three years in aggregate, as the Vice-Chancellor may from time to time, in each case decide.
- The retired judge nominated as the Chairperson of the Grievances Committee shall be entitled for remuneration and conveyance charges, as may be determined by the university.
- The Grievances Committee shall hear, settle and decide grievances as per the law, as far as may be practicable, within three months, from the date of filing of the complaint.
- It shall be lawful for the Grievances Committee to entertain and decide grievances or complaints relating to service of the employees, which are not within the jurisdiction of the Tribunal, after giving reasonable opportunity of being heard to both the parties
C. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
3. Prevention of sexual harassment.
- No woman shall be subjected to sexual harassment at any workplace.
- The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment-
- implied or explicit promise of preferential treatment in her employment; or
- implied or explicit threat of detrimental treatment in her employment; or
- implied or explicit threat about her present or future employment status; or
- interference with her work or creating an intimidating or offensive or hostile work environment for her; or
- humiliating treatment likely to affect her health or safety.
Complaint of sexual harassment
- Any aggrieved woman may make, in writing, a complaint of sexual harassment at work place to the Internal Committee if so constituted, or the Local Committee, in case it is not so constituted, within a period of three months from the date of incident and in case of a Series of incidents, within a period of three months from the date of last incident:
Provided that where such complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Committee or the Chairperson or any Member of the Local Committee, as the case may be, shall render all reasonable assistance to the woman for making the complaint in writing:
Provided further that the Internal Committee or, as the case may be, the Local Committee may, for the reasons to be recorded in writing, extend the time limit not exceeding three months, if it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period. - Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section.
Punishment for false or malicious complaint and false evidence
- Where the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion that the allegation against the respondent is malicious or the aggrieved woman or any other person making the complaint has made the complaint knowing it to be false or the aggrieved woman or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer or the District Officer, as the case may be, to take action against the woman or the person who has made the complaint under sub-section (I) or sub-section (2) of section 9, as the case may be, in accordance with the provisions of the service rules applicable to her or him or where no such service rules exist, in such manner as may be prescribed:
Provided that a mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant under this section:
Provided further that the malicious intent on part of the complainant shall be established after an inquiry in accordance with the procedure prescribed, before any action is recommended. - Where the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion that during the inquiry any witness has given false evidence or produced any forged or misleading document, it may recommend to the employer of the witness or the District Officer, as the case may be, to take action in accordance with the provisions of the service rules applicable to the said witness or where no such service rules exist, in such manner as may be prescribed.