NATIONAL SPORTS UNIVERSITY ACT 2018 AND MAHARAJA BHUPINDER
NATIONAL SPORTS UNIVERSITY ACT, 2018 AND MAHARAJA BHUPINDER SINGH PUNJAB SPORTS UNIVERSITY ACT, 2019 AUTHOR: RIYA GOEL RESEARCH BOARD MEMBER, AILF
INTRODUCTION The National Sports University Bill, 2018 was introduced in Lok Sabha on 23 July 2018. It replaced the National Sports University Ordinance, 2018. It was introduced by Mr. Rajyavardhan Singh Rathore, Minister of Youth Affairs and Sports. It established a National Sports University in Manipur. It is a specialised University to promote sports education in the areas of sports sciences, sports technology, sports management and sports coaching besides functioning as the National training Centre to select sports disciplines by adopting the best international practices. The Maharaja Bhupinder Singh Punjab Sports University Act, 2019 Established and incorporated a sports University in the state of Punjab. It was enacted to promote sports education in the areas of sports sciences, sports technology, sports management, and sports coaching besides functioning as a state training center by adopting the best international practices. It is the sole University empowered to affiliate and regulate any sports or physical Education institutions in the state of Punjab.
Establishment of University (Section 3) • • • The National Sports University has its headquarters in the state of Manipur and maintains Outlying campuses, colleges, regional centres, and study centres at any place in India. The University has perpetual succession, common seal, and shall sue and be sued by its name. The first chancellor, vice-chancellor and the members of the court, the executive council, and the academic and activity council, will continue to hold such of ways and constitutes a body corporate by the name of National Sports University. • • • The Maharaja Bhupinder Singh Punjab Sports University will have its headquarters in the state of Punjab and establish outlying campuses, colleges, regional centres, and study centres at any other place in Punjab. The establishment of the university will establish perpetual succession, common seal, the power to hold property, enter into a contract, to Institute and different suits, and any other legal proceedings. All the first members of the University will constitute a body corporate by the name of The Maharaja Bhupinder Singh Punjab Sports University.
Objects of The National Sports University Act, 2018 • • • Evolve as an Institute of advanced study of physical education and sport sciences. Provide research and development in physical education and sports sciences and providing design academic and training programs in various fields. Strengthen physical education and sports training programs and promoting sports including traditional and tribal sports and games. Established centres and institutions of excellence for imparting state-of-the-art educational training and research in the fields of physical education and sports sciences, sports technology, and high-performance training for all sports and games. Provide professional and academic leadership to other institutions. Provide vocational guidance and placement services. Generate capabilities for the development of knowledge and skills at various levels of physical education and sports sciences. Prepare highly qualified professionals in the field of physical education and sports sciences. Function as a leading resource Centre for knowledge and development in the areas of physical education and sport sciences. Provide International collaboration in the fields of physical education and sports sciences. Make India become a sporting power.
Objects of Maharaja Bhupinder Punjab Sports University Act, 2019 • • • Evolve as an Institute of advanced studies in the field of physical education and sports sciences. Providing research and development and dissemination of knowledge in physical education and sport sciences. Strengthening physical education and sports training programs and promoting Sports, including traditional and tribal sports and games. Establishing centres and institutions of excellence for imparting state-of-the-art additional training and research of physical education and sports sciences. Providing professional and Academic leadership to order institutions. Preparing highly qualified professionals in the fields of physical education and put Sciences. Providing International collaboration in the fields of physical education and sports sciences. Training talented athletes to help them to evolve into Elite athletes of international level. Making Punjab and India become a sporting power.
Powers and Functions of Sports Universities • • • Planning, designing, developing, and prescribing courses of study and conducting appropriate academic and training programs in physical education and sports sciences. Providing instruction and training from time to time and making provisions for Research and advancement of knowledge Granting diplomas or certificates on the basis of examinations, evaluations, or any other method for testing. Providing opportunities to the students to participate in sports tournaments and competitions. Having a membership with various International professional organizations with the prior approval of the government. Establishing and maintaining study centres. Providing facilities through the distance education system. Organising and undertaking extramural studies, training, and extension services. Making provision for Research and advisory services. Organising and conducting refresher courses, workshops, seminars and other programs for teachers and students. Appointing persons who may contribute to the advancement of the objects.
• • • Determining the standards of admission which can include examination, evaluation, or any other method of testing. Demanding and receiving the payment of fees or any other charges. Laying down conditions of services for all employees. Regulating and enforcing discipline among the students and employees. Making arrangements for promoting the health and general welfare of the employees. Conducting innovative experiments and promoting new methods and technologies in physical education, sports sciences, sports medicine, sports Technology, sports management, and any other fields. Starting any new research program or diploma and discontinue any course or training program. Investing the funds of the universities from time to time. Providing training and coaching to high-level sports persons for achieving success in different National and international sports competitions Giving effect to the procedures and standards provided under the Khelo India scheme or any other schemes of programs launched by the government. Conferring autonomous status on a college or an institution.
Universities are open to every caste, creed, race, or class . Both the universities are open to persons of any sex, caste, creed, race, or class. If any university imposes any religious belief on any teacher to hold any other office or on any student with respect for their admission, the university e will be liable for there act. However, both the universities can make special provisions for the employment of women, persons having disabilities, weaker sections of the society, scheduled caste, scheduled Tribes, or any other person belonging to backward classes. The universities can past there 12 th examinations according to the policy of the government. The special provisions cannot be made on the ground of domicile. The university can also make special provisions for the reservation of residents and their children.
Reviewing Work and Progress of National Sports University By Central Government (section 7) • • • The central government can appoint one or more persons to review the work and progress of the university. The central government has the right to do an inspection of the university, which includes its buildings, Sports complexes, libraries, equipment, outlying campus, regional centers, examinations, and teaching. Both the Universities will appoint a representative who has the right to be present and be heard during the inspection by the central government. The central government will refer to the result of the inspection with the views and advice to the Vice-Chancellor. The vice-chancellor will communicate with the executive council regarding the advice given by the central government. The executive council will communicate through the vice-chancellor to the central government and if they failed to do so, they will give an explanation to the central government and the central government will issue directions that shall be complied by the executive council. The central government can order in writing, annul any proceeding of the university which is not in conformity with this Act.
Reviewing work or progress of Maharaja Bhupinder Singh Punjab Sports University (Section 8) • • • The State Government can appoint one or more persons to review the work and progress of the university and submit a report after obtaining the views of the executive council through the vice-chancellor, and issuing directions. The state government has the right to inspect the university and cause an inquiry in any matter connected with the administration of the university. The university will appoint a representative who will be present upon the inspection done by the government. The government will address the result of the inspection to the vice-chancellor and provide them with directions and advice. The vice-chancellor will communicate such advisors given by the Government to the executive council and the executive council will take the action upon it. If the executive council fails to take action within a reasonable time, they had to give an explanation to the government regarding the same.
Officers in Universities 1. Chancellor – The governor of Punjab will be the chancellor of the Maharaja Bhupinder Singh Punjab sports University. – The chancellor will be appointed by the central government and will be the head of the national sports University. 2. Vice-Chancellor – The vice-chancellor will be the principal executive and academic officer. – he will exercise the general superintendent and control the affairs of the university. 3. Dean – The dean of the school will be appointed and shall exercise powers prescribed by the statutes. 4. Registrar – The Registrar has the power to enter into agreements, sign documents, and authenticate records on the behalf of the University. 5. Finance officer 6. Controller of Examinations 7. Librarian
How Statutes are made • • The Executive Council can make new or additional statutes from time to time. It can also ammend or repeal any statute. The executive Council cannot make or a man and Institute which can affect the powers or status of any authority of the university. The authority should be given an opportunity of expressing their opinion in writing. Any new statue, amending or replacing existing statutes will require the approval of the central government. Without the approval of the Central Government, such a Statute will be regarded as invalid. In the case of Maharaja Bhupinder Singh Punjab sports University, every state you will require the approval of the Punjab government. The Central Government will direct the university to make provisions in the statutes and if the executive Council fails to implement such direction within 60 days, the central government will make or amend the statutes suitably after considering the reasons for inability by the executive Council. And in Maharaja Bhupinder Singh Punjab Sports University, the state government wale direct the University and the executive Council to make the provision.
Funds of the Universities • • Contribution or Grant made by the University Grants Commission or the central government. Any contribution to grants made by the state government. Contributions made by semi-government or autonomous bodies Loans, gifts, bequests, donations, endowments, or any other grants. Income received or earned through fees and charges by the Universities. Money received by the University from the collaborating industries in terms of the provisions of the memorandum of understanding and that between the university and the Industry. The funds of the universities will be deposited in banks or invested in, as decided by the finance committee The funds of the universities will be applied towards the expenses of the universities in the exercise of its powers and discharge of its functions as approved by the finance committee.
Conditions of Service of employees • • • Every employee of the university will be appointed under a written contract and a copy of such a contract will be given to the employee. The university can outsource its manpower requirement which will not be deemed as employees of the university. The employees who are on deputation with the university will have the terms and conditions of their employment approved by the government. If there is any dispute in the contract between the university and any employee, the employee can refer to the Executive Council which will be decided within the 60 days. An appeal can be made against the orders of the Executive Council to the governing body. The decision of the governing body will be final.
Other Provisions • • The power to make statutes, ordinances, or regulations Will include the power to give retrospective effect from a date not earlier than the date of commencement of this Act. Every statutes, ordinances, and regulations must be laid down before the legislative assembly and published in the official gazette. The first vice-chancellor will be appointed by the government and shall hold the office for the term not exceeding five years. The first Registrar and the first finance officer will have a term of office for 3 years. The first governing body and the first executive Council will not consist of more than 31 and 11 members respectively. The first academic and activity Council will not consist of more than 21 members and shall hold the office for a term of 3 years. In the case of national sports University act, if any vacancy occurs in any office, that post will be filled by the appointment or nomination by the central government. The person which will be appointed or nominated will hold the office for so long as the officer in whose place he is nominated would have held it.
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