LexThe Goa Private Universities Act, 2020
Goa · state statute
Open in Lexace · Ask the AI about this act---1--- Department of Law & Judiciary Legal Affairs Division --------- Notification 7/4/2020-LA The Goa Private University Act, 2020 (Goa Act 4 of 2020), which has been passed by the Legislative Assembly of Goa on 07 -02-2020 and assented by the Governor of Goa on 03 -03-2020, is hereby published for general information of the public. Porvorim, 05th March, 2020. Dnyaneshwar Raut Dessai, Joint Secretary (Law)-III. The Goa Private Universities Act, 2020 (Goa Act 4 of 2020) [03-3-2020] AN ACT to provide for establishment and incorporation of private Universities in the State of Goa for imparting quality and industry relevant higher education and to regulate their functions and for matters connected therewith or incidental thereto. Be it enacted by the Legislative Assembly of Goa in the Seventy -first Year of the Republic of India as follows: — 1. Short title, extent and commencement. — (1) This Act may be called the Goa Private Universities Act, 2020. (2) It shall extend to the whole of the State of Goa. (3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint. 2. Definitions. — In this Act, unless the context otherwise requires, i. “Academic Council” means the Academic Council of the University; ii. “Board” means the Board of Studies and the Planning Board, or any other Board of the University; iii. “Director” means Director of Higher Education; iv. “Executive Council” means the Executive Council of the University; v. “employee” means any person appointed by the University, and includes a teacher or any other member of the staff of the University; vi. “Faculty” means a Faculty of the University; ---2--- vii. “Government” means the Government of Goa; viii. “Governing Body” means a committee constituted by the sponsoring body; ix. “Hostel” means Scholar/Students Hostel of the University; x. “Institution/College” means a college including existing college or an Institution established or maintained by or associated to or constituent of the University in accordance with this Act and the - Statutes; xi. “Prescribed” means prescribed under Statutes, Ordinances or Rules made under this Act; xii. “President”, “Vice -Chancellor” and “Pro -Vice-Chancellor” means respectively the “President”, the “Vice-Chancellor” the “Pro-Vice-Chancellor” of the University; xiii. “Registrar”, “Deputy Registrar”, “Finance Officer”, Controller of Examinations”, “Librarian” means, respectively, the Registrar, the Deputy Registrar, the Finance Officer, the Controller of Examinations, the Librarian of the University; xiv. “Regulatory Body” means the statutory bodies established by the Central Government from time to time such as University Grants Commission and includes the All India Council for Technical Education, the Bar Council of India, the Distance Education Council, the Dental Council of India, the Indian Nursing Council, the Medical Council of India, the National Council for Teacher Education, Central Council for Indian Medicine and the Pharmacy Council of India; xv. “Regulatory Authority” means the “Regulatory Authority” constituted under this Act. xvi. “sponsoring body”, in relation to a University to be established under this Act, means: (i) a Society registered under the Societies Registration Act, 1860 (Central Act No. 21 of 1860); or (ii) a public trust registered under the [Indian Trusts Act, 1882 (Central Act No. 2 of 1882)] 1[the Charitable and Religious Trusts Act, 1920 (Central Act No. 14 of 1920) or the Registration Act, 1908 (Central Act No. 16 of 1908) or under an Act passed by the legislature of any other state for registration of public trust;”]; or (iii) a company registered under the Companies Act, 1956 (Central Act No. 1 of 1956) or the Companies Act, 2013 (Central Act 18 of 2013); 2[(iii) a company registered under Section 25 of the Companies Act, 1956 (Central Act No.1 of 1956) or under Section 8 of the Companies Act, 2013 (Central Act 18 of 2013)] xvii. “State” means State of Goa; xviii. “Statutes” and “Ordinances” means, respectively, the Statutes and the Ordinances of the University, for the time being in force; xix. “Student” means a student enrolled in the register of the University; xx. “Teacher of the University” means Professors, Associate Professors, Assistant Professors, and such other persons as may be appointed for imparting education, instructions, or conducting research in the University and designated as such by the Ordinances; xxi. “University” means a University established and incorporated under section 8 of this Act; ---3--- 3. Conditions for the establishment of the University. — The sponsoring body shall, for the purposes of establishing the University under this Act fulfil the following conditions, namely: — (a) create a permanent endowment fund of at least rupees five crores; (b) 3[own or possess on long term lease basis a land, buildings] and infrastructure facilities required for establishing University; (c) install equipment’s, computers, furniture, assets, infrastructural facilities (other than building mentioned in clause (b) and other consumables and non -consumables of at least rupees two crores in offices and laboratories in the building referred to in clause (b); and undertake to procure the computers, furniture, assets, i nfrastructural facilities (other than building mentioned in clause (b) and other consumables and non-consumables of atleast rupees four crores in the next five years after establishing University; (d) appoint at least one Professor, two Associate Professors an d sufficient number of Assistant Professors and supporting staff members in every department or discipline. (e) purchase books and periodicals worth 4[rupees fifty thousand rupees fifty lakhs] in the library and also undertake to invest 5[up to rupees five crores] for the books, periodicals, computer library networking and other library facilities in the first three years after establishing the University; (f) undertake to arrange the co -curricular activities, extracurricular activities, debate, competitions, qu iz programmes, sports, National Service Scheme and National Cadet Corps for the students as per the standards of regulatory bodies; (g) undertake to adhere standards, conditions and regulations set by University Grants Commission, All India Council for Technic al Education, National Council for Teachers Education, Bar Council of India, Medical Council of India and other regulatory bodies established by the Government or Central Government; (h) undertake to establish the provident fund for the employees of the Univer sity and to introduce other welfare schemes; (i) make the Statutes and the Ordinances for the administration and functioning of the University; (j) any arrangements made by the University shall not differ from the provisions of the Act and regulations of the University Grants Commission and other regulatory bodies; (k) ensure transparent functioning of the University and put the clearances obtained from the Regulatory Bodies in the public domain; (l) furnish such information to the Government in such manner as may be prescribed; (m) comply with such other conditions as may be notified by the Government to be fulfilled before the establishment of the University. 4. Submission of proposal for establishment of a University. — (1) An application containing the proposal and the project report to establish an University shall be made by the sponsoring body to the Government through the Director of Higher Education along with such fee as may be prescribed by the Government; (2) The project report must contain the following particulars, namely: (a) the details of the sponsoring body along with the copies of its registration certificate and ---4--- bye-laws; (b) the information regarding financial resources of the sponsoring body along with audited accounts for the past three years; (c) the name, location and headquarters of the proposed University; (d) the objectives of the University; (e) the availability of land and details of buildings and infrastructure facilities, owned or proposed to be owned or created as required; (f) availability of academic facilities including teaching and non -teaching staff, if any, at the disposal of sponsoring body; (g) the nature and the type of programs of study and research proposed to be undertaken by the University and their relevance to the development goals and employment needs of the State and phasing of such programs over the first five years with course-wise enrolment targets; (h) the nature of facilities, courses of study and research proposed to be started; (i) the experience and expertise in the concerned disciplines at the command of the sponsoring body; (j) the details of plans for campus development such as construction of buildings, development of structural amenities and infrastructure facilities and procurement of equipment, etc., to be undertaken before the University starts functioning and phased programme for the first five years; (k) the phased outlays of capital expenditure proposed for the next five years and its sources of finance; (l) The scheme for mobilizing resources and the cost of capital thereto and the manner of repayment to such sources; (m) the scheme for the generation of funds. (n) the system proposed to be followed for selecting students for admission to the courses of study at the University; (o) the system proposed to be followed for appointment of teachers and other e mployees in the University; (p) whether the University proposes to undertake some programmes related to local needs. If so, the nature of specialized teaching, training or research activities to be undertaken by the University so as to fulfil this objective; (q) whether the University proposes to start some programmes for the benefit of farmers, women and industries. If so, details thereof may be given; (r) details of playgrounds and other facilities available or proposed to be created for games and sports and extracu rricular activities like National Cadet Corps, National Service Scheme, Rover and Rangers etc; (s) the arrangements proposed to be made for academic excellence and auditing; (t) commitment to follow the norms of the regulatory bodies and regulatory authority; (u) such other details as the sponsoring body may like to give; ---5--- (v) such other details as may be prescribed by the Government. 5. Evaluation of proposals. — (1) The Director of Higher Education on receipt of the proposal and the project report for establishment of a University shall constitute a committee consisting of, (i) Minister for Higher Education as a Chairman; (ii) One Vice-Chancellor of any of the State Universities established under State Universities Acts – Member; (iii) Three Senior Academicians of a University/Central Universities/IIT’s/ Deemed Universities – Members; (iv) One Legal Expert – Member; (v) Secretary (Higher Education) to the Government of Goa – Member; (vi) Secretary (Finance) to the Government of Goa – Member; (vii) District Magistrate of the District concerned – Member (viii) Principal Chief Engineer of Public Works Department – Member; (ix) Director of Higher Education shall be the Member Secretary of the committee. (2) The committee shall consider the proposal and the project report together with the financial soundness and assets of the sponsoring body and its overall ability to set up the proposed University. (3) The committee while considering the proposal and the project report, may call for such other information from the sponsoring body as it thinks proper for the purpose. (4) The committee shall submit its report to the Director within a period of three months from the date of its constitution: Provided that if the Committee could not submit its report within such period for any sufficient reasons to be recorded in writing, it may submit its report to the Director within such period as may be extended by the Government. 6. Issuance of letter of intent and submission of compliance report by sponsoring body. — (1) After the receipt of the report of the committee constituted under section 5, if the Government is satisfied that it is proper to establish the University, it may issue a ‘Letter of Intent’ and required sponsoring body to; (i) establish an endowment fund in accordance with the provisions of this Act; (ii) 6[own or possess on long term lease basis ] as much land and constructions thereon as may be required by the Government in its notification issued from time to time; [“(ii) own or possess on a lease atleast for a period of 30 years, a land not less than 50,000 (fifty thousand) square meters or such land as per the requirement of the regulatory body, whichever is higher] 7[and may possess an off -campus centre adhering to the guidelines of the regulatory body so as to start the operation of the university in the initial stages until the expiry of the maximum period specified in sub -section (2) of this section or until the main campus is established, whichever is earlier,] (iii) own library, computers and other equipment and the required infrastructure facilities for running academic and research activiti es as may be required by the regulatory bodies and the Government from time to time. (iv) give an undertaking to appoint at least one Professor, two Associate Professors and ---6--- adequate number of Assistant Professors and Research Associates along with necessary supporting staff in each department or discipline to be started by the University and as required by the Regulatory Authority. (v) give an undertaking to take up cocurricular activities like seminars, debates, quiz programs and extracurricular activities like ga mes, sports, National Service Scheme, National Cadet Corps, Rovers and Rangers etc., for the benefit of students as per the instructions of the Regulatory Authority. (vi) give an undertaking for establishment of provident fund/National Pension Schemes and to take up welfare programs for the officers, teachers and employees of the University; and (vii) fulfil such other conditions and provide such other information as may be required by the Regulatory Authority and the central regulatory bodies constituted by the Gov ernment of India/Government of Goa as the case may be. (2) The sponsoring body shall after complying with the provisions of section 3, report the compliance to the Government within a maximum period of 8[five years] from the date of issue of the letter of intent. 9[Provided that the Government may, if it is satisfied that the sponsoring body could not comply with the provisions of section 3 within the said period of five years for reasons stated in writing, extend the said period by further period of two years, on the request made by the sponsoring body for such extension.] (3) If the sponsoring body fails to comply with the provisions of section 3, the Government shall have power to withdraw the letter of intent issued to the sponsoring body under sub-section (1). 7. Permission to operate the University. — The Government may, if satisfied, after considering the compliance report submitted under sub-section (2) of section 6 that the sponsoring body has complied with the provisions of section 3 by a notification published in the Official Gazette, permit the sponsoring body to operate the University with such name and at such location as it may deem fit. 8. Incorporation of the University. — 10(1) Every University established under section 7 shall be a body corporate by the name and shall have perpetual succession and a common seal. It shall have the power to acquire and hold property both movable and immovable and to make contract, and may sue and be sued by the said name. 11[(2) The land and other movable and immovable prop erties acquired, created, arranged or built by the sponsoring body for the University within the State of Goa shall vest in the University and shall not be used for any purpose other than the academic and research.]. 9. University to be self -financed. — The U niversity shall be self financed and shall not be entitled to receive any grant or other financial assistance from the Government. 10. Not authorized to grant affiliation. — The University shall function as non -affiliating University and shall not admit any college or institution to the privilege of affiliation. 11. Starting of operations by the University. — (1) The University shall start its operations only after the Government issues a letter of authorization for the commencement of the functioning of the University. (2) The Government shall issue the letter of authorization 12 [after fulfillment of all the conditions under this Act]. ---7--- 12. Objects of the University. — The objects of the University shall be dissemination and advancement of knowledge and skill for providing instructional, research and extension facilities in such branches of learning as it may deem fit and the University shall endeavour to provide to students and teachers the necessary atmosphere and facilities for the promotion of; (i) innovations in e ducation leading to restructuring of courses, new methods of teaching, training and learning including online learning, blended learning etc.; (ii) studies in various disciplines; (iii) inter-disciplinary studies; (iv) national integration, secularism, social equality and inculcation of international understanding and ethics; (v) research and teachings and offer continuing education programmes; (vi) consultancy to industry and public organisations; (vii) arrangement for national and global participation; (viii) set up of campus centres, study centres, and examination centres in the State, subject to permission of regulatory authority under any law made by Parliament/State Assembly and any regulations, rules, etc, made by the regulating bodies; (ix) centres of excellence for research and development and for sharing knowledge and its applications. (x) establishment of main campus or infrastructure in the State of Goa necessary for the furtherance of its objects. (xi) any other objectives as may be approved by the Government. Provided that notwithstanding anything contained in this Act or as provided in any Central Act, the University shall be eligible to undertake the functions of disseminating knowledge only in the fields subsequently approved by the Government. 13. Powers of the University. — The University shall have the following powers, which it shall exercise as per the guidelines and norms prescribed by University Grants Commission and Government from time to time, namely: — (i) to provide for instruction in such branches of learning as the University may think fi t and to make provisions for research and for the advancement and dissemination of knowledge; (ii) to honor educational stalwarts and persons of academic eminence with decoration of professor Emeritus; (iii) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing of persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause; (iv) to confer honorary degrees or other distinctions in such manner as may be prescribed; (v) to provide education and training including correspondence courses, to such persons, as it may determine; ---8--- (vi) to institute as per University Grants Commission norms and Government regulations Directorships, Principal-ships, Professorships, Associate Professorships, Assistant Professorships, and other teaching or academic posts required by the University and to make appointments for the same; (vii) to create administrative, ministerial and other posts and to make appointments thereto; (viii) to appoint/engage persons of eminence, working in any other University or organization permanently or for a specified period; (ix) to co-operate, collaborate or associate with any other University or Authority or Institution in India and abroad in such manner and for such purpose as the University may determine; (x) to establish and maintain schools, centres, specialized laboratories in other units for research and instructions as are in the opinion of the University, necessary for furtherance of its objects; (xi) to institute and award fellowships, scholarships, studentships, medals and prizes; (xii) to establish, maintain and supervise residences, hostels within the campus of the University and promote health and general welfare activities for students and staff; (xiii) to make provisions for research and consultancy, and for that purpose to enter into such arrangements with other institutions or bodies as the University may deem necessary; (xiv) to declare a centre, an institution, a department, or school, as the case may be, in accordance with the Statutes; (xv) to determine standards in accordance with University Grants Commission norms/State norms for admission into the University, which may include examination, evaluation or any other method of testing to ensure quality; (xvi) to demand and receive payment of fees and other charges; (xvii) to make special arrangements in respect of women and other disadvantaged students as the University may consider desirable; (xviii) to regulate and enforce discipline among the employees and students of the University and take such disciplinary measures in this regards as may be deemed necessary by the University; (xix) to make arrangements for promoting the health and general wel fare of the employees of the University; (xx) to receive donations and to acquire, hold, manage and dispose of any property, movable or immovable for the welfare of the University. (xxi) to borrow, mortgage with the approval of the Sponsoring Body on the security of the property of the University, money for the purposes of the University; (xxii) to appoint either on contract or otherwise, visiting professors emeritus professors, consultants, fellows, scholars, artists, course writers and such other persons who may contribute to the advancement of the objects of the University; (xxiii) to organize and to undertake extramural studies and extension service; and (xxiv) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University. ---9--- 14. Admission and Standards. — (1) Admission to the different academic programmes shall be made in accordance with the Rules of 13 [Regulatory Authority Regulatory body] of concerned discipline of study and University Grants Commission norms for the time being in force. (2) The University shall ensure that the academic standards of the courses offered by the University are in accordance with the guidelines of the University Grants Commission and other statutory bodies, as the case may be. (3) The teacher-student ratio shall be in accordance with the guidelines of the University Grants Commission. (4) Academic performance of the University with respect to standards set by the University Grants Commission/Government/other Regulatory Bodies shall be periodically reviewed by a Committee of Academic Experts constituted by the President consisting of one Chairman and four members including two members as nominees of the Government. (5) The Chairman and other four expert members shall be from academic field not below the rank of Professor and from one of the specialization run by the University. A copy of the report along with the action taken by the University shall be sent to the University Grants Commission and Government and also displayed in the public domain. 15. University open to all classes and creeds. — The University shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the University to adopt to impose on any person any test whatsoever of his religious belief or profession in order to entitle him to be admitted therein as an officer, a teacher, staff member, student, or to hold any office therein or to graduate threat: Provided that reservation in the posts and recruitment of the employees and reservation of seats for admission in any course of study in the University for the students belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes of citizens shall be regulated by the Order of the Government issued from time to time. 14[Provided further that if the adequate number of eligible candidates belonging to the reserved categories have not applied for admission to any programme offered by the University, such reserved seats shall be filled by the candidates from the unreserved category] 16. Officers of the University. — 15(1) The following shall be the officers of the University,— (i) the President; (ii) the Vice-Chancellor; (iii) the Pro-Vice-Chancellor; (iv) the Registrar; (v) the Dean of Faculty; (vi) the Controller of Examinations; (vii) the Finance Officer; and (viii) such other officers as may be declared by the Statutes to be officers of the University. 16 [(2) The sponsoring body shall have the power to nominate the first President, the first ViceChancellor, the first Pro-Vice-Chancellor, the first Registrar and the first Finance Officer. ---10--- (3) The officers of the University nominated under sub-section (2) shall cease to hold their respective offices on the appointment of the President, the Vice Chancellor, the Pro-Vice-Chancellor, the Registrar and the Finance Officer under Sections 17, 18, 19, 20 and 22, respectively or on expiry of a period of two years from the date of notification issued under Section 7, whichever is earlier. (4) All decisions and actions taken by the officers nominated under sub -section (2) shall be d eemed to be the decisions of the respective officers appointed under sections 17, 18, 19, 20 and 22.] 17. The President. — (1) The President shall be appointed by the Governing Body of the Sponsoring body for a period of five years in consultation with the Gov ernment by following such procedure and on such terms and conditions as may be specified by the Statutes. (2) The President shall be the head of the University and shall be the Chancellor of the University. (3) The President shall preside over the meetings of the Governing Body and preside over the convocation of the University. (4) Before expiration of his tenure, the President may be removed from his office with the prior approval of the Government. (5) The President shall have the following powers, namely:— (a) to call for any information or record of the University; (b) to appoint the Vice-Chancellor; (c) to remove the Vice -Chancellor in accordance with the provisions laid down in the Statutes with prior approval of the Government; (d) such other powers as may be specified by the Statutes. 18. The Vice-Chancellor. — (1) The Vice -Chancellor shall be appointed by the President in consultation with the Government from a panel of three persons recommended by the Governing Body and shall, subject to the provisions laid down in the Statutes and shall hold office for a period of five years: Provided that, after expiry of the said term of five years, a person shall be eligible for reappointment as Vice-Chancellor for another term of five years: Provided further that no person shall hold the office of Vice-Chancellor beyond sixty-five years of his age. (2) If, at any time, upon representation made or otherwise, and after making such inquiry, as may be deemed necessary, the situation so warrants and if the continuance of the Vice-Chancellor is not in the interest of the University, the President with the prior approval of the Gove rnment, may, by an order in writing, ask the Vice -Chancellor to relinquish his office from such date as may be specified in the order: Provided that before taking an action under this sub -section, the Vice-Chancellor shall be given an opportunity of being heard. (3) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise powers of general superintendence over the University. (4) The Vice-Chancellor shall preside at the convocation of the University in the absence of the President. ---11--- (5) If, in the opinion of the Vice -Chancellor, it is necessary to take immediate action on any matter for which powers are conferred on any other officer or authority by or under this Act, he may take such action as he deems necessary and shall at the earliest opportunity thereafter report his action to such officer or authority as would have in the ordinary course dealt with the matter: Provided that if in the opinion of the concerned officer or authority such action should not have been taken by the Vice -Chancellor, then such case shall be referred to the President whose decision thereon shall be final: Provided further that a person aggrieved by the decision of the President shall, within a period of three months from the date of communi cation or knowledge of such decision, have right to appeal before the regulatory authority which shall decide the appeal in accordance with the provisions of the Act and the Statutes, Ordinances and Regulations made thereunder and the decision of the Regul atory Authority shall be final. (6) The Vice -Chancellor shall exercise such powers and perform such duties as may be provided by the Act and the Statutes, Ordinances and Regulations made thereunder. 19. The Pro-Vice Chancellor. — (1) The Pro Vice-Chancellor shall be appointed by the Vice- Chancellor in such manner and shall exercise such powers and perform such functions as may be specified by the Statutes. (2) The Pro -Vice Chancellor appointed under sub -section (1) shall discharge his duties in addition to his duties as a Professor. (3) The Pro-Vice-Chancellor shall assist the Vice-Chancellor in discharging day to day duties as and when required by the Vice-Chancellor. 20. The Registrar. — (1) The Registrar shall be appointed in such manner as may be specified by the Statutes. (2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such other powers and perform such other functions as may be specified by the Statutes. (3) The Registrar shall be the ex-officio Secretary of the Executive Council and the Academic Council. 21. Dean of Faculty. — Every Dean shall be appointed in such manner and shall exercise such powers and perform such functions as may be specified by the Statutes. 22. Finance Officer. — (1) The Finance Officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be specified by the Statutes. (2) The Finance Officer shall be the Secretary of Finance Committee. 23. Other Officers. — The manner of appointment and powers and duties of other officers of the University including the Director of Students’ Welfare, Controller of Examinations shall be such as may be specified by the Statutes. 24. Authorities of the University. — 17 (1) The following shall be authorities of the University:— (1) the Governing Body; (2) the Executive Council; ---12--- (3) the Academic Council; (4) the Finance Committee; (5) the Planning Board; (6) the Board of Faculties; (7) the Examinations Committee; and (8) such other body, council and committee as may be declared by the Statutes to be the authority of the University. 18[Provided that the sponsoring body shall have power to constitute the first Governing Body, first Executive Council, first Academic Council, and first Planning Board.]; 19[(2) The authorities constituted under sub-section (1) shall cease to exist on the constitution of the Governing Body, the Executive Council, the Academic Council, the Finance Committee and the Planning Board under Sections 25, 26, 27, 28 and 29 respectively or after two years from the date of notification issued under Section 7, whichever is earlier. (3) All decisions and actions taken by the authorities constituted under sub -section (1) shall be deemed to be the decisions of the respective authorities appointed under Sections 25, 26, 27, 28 and 29]. 25. The Governing Body. — (1) The Constitution of the Governing Body and the term of office of its members shall be such as may be specified by the Statutes. (2) An officer of Higher Education Department of the Government not below the rank of the Deputy Director shall be the member of the Governing Body. (3) Subject to provisions of this Act, the Governing Body shall discharge the following functions, namely:— (a) to review from time to time, the broad policies and programs of the University and suggest measures for the working, improvement and development of the University; (b) to consider and pass resolutions on the annual report and annual accounts of the University and audit report of such accounts; (c) to advise the President in respect of any matter which may be referred to it for advice; (d) to perform such other functions as may be specified by the Statutes. 26. The Executive Council. — (1) The Executive Council shall be the principal executive body of the University. (2) The constitution of the Executive Council, the term of the office of its members and its powers and duties shall be such, as may be specified by the Statutes. (3) An officer of Higher Education Department of the Government not below the rank of the Deputy Director shall be the member of the Executive Council. (4) One Member from amongst the judicial officers of the State not below the rank of District Judge nominated by the Government shall be the member of the Executive Council. 27. Academic Council. — (1) The Academic Council shall be the principal a cademic body of the University and it shall, subject to the provisions of this Act, the Statutes and Ordinances, co-ordinate and exercise general supervision over the academic policies of the University. (2) The constitution of the Academic Council, the te rm of office of its members and its powers and functions shall be such, as may be specified by the Statutes. ---13--- 28. Finance Committee. — (1) The Finance Committee shall be the principal financial body of the University to take care of the financial matters. (2) The constitution, the term of office of its members and its powers and functions shall be such, as may be specified by the Statutes. 29. Planning Board. — (1) The Planning Board shall be the principal planning body of the University. The Board shall ensure that the infrastructure and academic support system meets the norms of the University Grants Commission or respective regulatory bodies. (2) The constitution of the Planning Board, term of office of its members and its powers and functions shall be such, as may be specified by the Statutes. 30. Board of Faculty, Admission Committee, Examination Committee and other Authorities of the University. — The constitution, the term of office of members and powers and functions of the Board of Faculties, the Admissions Comm ittee, the Examination Committee and of such other authorities of the University which may be declared by the Statutes to be authorities of the University, shall be such, as may be specified by the Statutes. 31. Disqualification for membership of the authority . — A person shall be disqualified for being a member of any authority of the University, if he, (i) is of unsound mind and stands so declared by a competent court; (ii) is an undischarged insolvent; (iii) has been convicted of any offense involving moral turpitude; (iv) has been punished for indulging in or promoting unfair practice in the conduct of any examination, in any form, anywhere; (v) has any profit motive from University; and (vi) applies University fund for his personal use. 32. Vacancies not to invalidate the proceedings of any authority or body of the University. — No decision, act or proceeding of any authority or body of the University shall be invalid merely by reason of any vacancy or defect in the constitution thereof. 33. Filling up of emergent vacancies. — Any vacancy arr iving in the office of a member of any authority or body of the University due to death, resignation or removal of a member or due to change of capacity in which he was appointed or nominated, shall be filled up as early as possible by the person or the body who had appointed or nominated such a member: Provided that such person shall remain member of such authority or body, for the residue of the term of such member. 34. Committees. — The authorities or officers of the University may constitute such committees with such terms of reference as may be necessary for specific tasks to be performed by such committees. The constitution of such committees and their duties shall be such as may be determined by the authority or officers constituting the Committee. 35. Power to make statutes. — (1) The Executive Council shall make the statutes of carrying out the purposes of this Act. (2) Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely: ---14--- (a) the constitution, powers and functions of the authorities of the University, as may be constituted from time to time; (b) the appointment and continuance in office of the members of the said authorities, filling of vacancies of members and all other matters relating to those authorities for which it may be necessary to provide; (c) the appointment, powers and duties of the officers of the University and their emoluments; (d) the appointment of teachers of the University and other academic and administrative staff and their emoluments; (e) the appointment of teachers and other academic and administrative staff working in the University or Institution for specific period for undertaking a joint project; (f) the conditions of service of employees including provisions for retirement benefits, insurance and provident fund, the manner of termination of service and disciplinary actions; (g) the principles governing seniority of service of employees; (h) the procedure for settlement of disputes between employees or students and the University; (i) the procedure for appeal to the Executive Council by any employee or students against the action of any officer or other authority of the University; (j) the conferment of honorary degrees; (k) the withdrawal of degree, diploma, certificate and other academic distinctions; (l) the institution of fellowships, scholarships, studentships, medals and prizes; (m) the maintenance of discipline among the students; (n) the establishment and abolition of Department, Centres and other constituent institutions/colleges etc; (o) the delegation of powers vested in the authorities or officers of the University; and (p) all other matters which may be specified by the Statutes. (3) The Executive Council shall not make, amend or repeal any Statute affecting the powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes and any opinion so expressed shall be considered by the Executive Council. (4) Notwithstanding anything contained in the foregoing sub -sections the President may direct the University to make provisions in the Statutes, in respect of any matter specified by him and if the Executive Council is unable to implement such a direction within sixty days of its receipt, the President may, after considering th e reasons, if any, communicated by the Executive Council for its inability to comply with such direction, make or amend the Statutes accordingly as he may deem fit. 36. Power to make Ordinances. — (1) Subject to the provisions of this Act and the Statutes, the Ordinances shall be made by the Executive Council which may provide for all or any of the following matters, namely: (a) the admission of students to the University and their enrolment as such; (b) the courses of study to be laid down for all degrees, diplomas and certificates of the ---15--- University; (c) the medium of instruction and examination; (d) the award of degree, diploma, certificate and other academic distinction, the qualification for the same and the procedure to be undertaken relating to granting and obtaining the same; (e) the fees to be charged for courses of study in the University and for admission to the examinations, degrees, diplomas and certificates of the University; (f) the conditions for the award of fellowships, scholarships, studentships, medals and prizes; (g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators; (h) the conditions of residence of the students of the University; (i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and prescribing of special Interdisciplinary Studies, Special Centres, Specialized Laboratories and other Committees; (j) the manne r of co -operation and collaboration with other Universities and authorities including professional bodies or associations; (k) the creation, composition and functions of any other body which is considered necessary for improving the academic stature of the University; (l) the remuneration to be paid to the examiners, moderators, invigilators and tabulators; and (m) such other terms and conditions of service of teachers and other academic staff as are not specified by the Statutes. 37. Annual Report. — (1) The annual report of the University shall be prepared under the directions of the Executive Council and shall be submitted to the Court on or after such date as may be specified by the Statutes and the Court shall consider the report in its annual meeting; (2) The Court shall submit the annual report to the President alongwith its comments, if any. 38. Annual Accounts. — (1) The annual accounts and balance sheet of the University shall be prepared under the directions of the Executive Council and shall, at least once every ye ar and at intervals of not more than fifteen months, be audited by an experienced and qualified firm of Chartered Accountants of repute. (2) A copy of the annual accounts, together with the audit report thereon, shall be submitted to the Court and the President along with the observations of the Executive Council. (3) Any observations made by the President on the annual accounts shall be brought to the notice of the Court and the Executive Council and the observations, if any, shall after review by the Executive Council, be submitted to the President and shall be put in the public domain. 39. Regulatory Authority. — (1) There shall be a Regulatory Authority called ‘the Goa Private Universities Regulatory Authority’. (2) The Regulatory Authority shall consist of Chairperson and five members. (3) The Chairperson of the Regulatory Authority shall be appointed by the State Government ---16--- from amongst the eminent persons having experience of academics or administration. Five other members of the Regulatory Authority shall be appointed by the Government from different fields as mentioned below: (i) One member shall be appointed from the field of academics not below the rank of a Professor of the Private University; (ii) one Member from the field of academics not below the rank of Professor of the State University; (iii) one Member from the field of administration not below the rank of the Secretary to the State Government; (iv) one Member from amongst the serving or retired judicial officers of the State not below the rank of District Judge; and (v) Director of Higher Education shall be Ex-officio Member-Secretary. (4) Tenure of the Chairperson and the members of the Regulatory Authority shall be five years. Provided that the Chairperson and the Members of the Regulatory Authority shall cease to hold office after attaining the age of 70 years. (5) In the event of any vacancy in the Regulatory Authority due to death, resignation, physical or mental incapacity, frequent or long absenteeism or misbehaviour or misconduct of the Chairperson or mem
Excerpt shown. Open the full act in Lexace.