LexThe BMS UNIVERSITY ACT, 2023
Karnataka · state statute
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KARNATAKA ACT NO. 15 OF 2023
THE BMS UNIVERSITY ACT, 2023
Arrangement of Section
Sections:
1. Short title, extent and commencement
2. Definitions
3. Proposal for the establishment of the University
4. Establishment of the University
5. Grants and Financial Assistance
6. Power to establish constituent College, additional campuses, Regional Centres or
Study Centres
7. Objects of the University
8. Powers of the University
9. University open to all classes, Castes, creed, gender or nation
10. Powers of the sponsoring body
11. Officers of the University
12. The Visitor
13. The Pro-Visitor
14. The Chancellor
15. The Pro-Chancellor
16. The Vice-Chancellor
17. The Pro Vice-Chancellor
18. Deans of faculties
19. Appointments in the University
20. The Registrar
21. The Finance Officer
22. Other Officers
23. Authorities of the University
24. The Board of Governors and its powers
25. The Board of Management
26. The Academic Council
27. The Research and Innovation Council
28. The Finance Committee
29. Other Authorities
30. Disqualification for membership of an Authority or Body
31. Proceedings not invalidated on account of vacancy
32. Provisions pertaining to Agenda matters
33. Statutes
34. Statutes how made
35. Power to amend the Statutes
36. Regulations
37. Academic Regulations how made
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38. Power to amend Regulations
39. Fixation of fee
40. Publication of Mandatory Disclosures in the University website
41. Conditions of service of employees
42. Right to appeal
43. Provident or Pension Fund
44. Disputes as to constitution of the University authorities and bodies
45. Constitution of Committees
46. Filling of casual vacancies
47. Transitional provisions
48. Permanent Statutory Endowment Fund
49. University Endowment Fund
50. General Fund
51. Development fund
52. Maintenance of funds
53. Annual Report
54. Accounts and audit
55. Mode of proof of University record
56. Power of Government to issue directions
57. Penalties
58. Power to enter and inspect
59. Power to give direction for dissolution of the University
60. Expenditure of the University during dissolution
61. Temporary taking over of management of the University in public interest
62. Relinquishment of management of the University
63. Penalty for obstructing officer or other person exercising powers under this Act
64. Punishment for abetment of offences
65. Offences by companies
66. Removal of difficulties
67. Power to make rules by the Government
STATEMENT OF OBJECTS AND REASONS
Act 15 of 2023.- The BMS Educational Trust, Bengaluru has come forward
to establish private University in the State. The establishment of a private
University by a well known organization would certainly help in spreading the
quality education to students. This also accelerates the enhancement of gross
enrolment ratio in Higher Education sector.
It is considered necessary to provide for establishment of a private university
of unitary nature in the name of BMS University by the BMS Educational Trust,
Bengaluru.
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This private University focuses on to promote and undertake the
advancement of applied university education in Sciences, all branches of
Engineering, Arts, Management and Commerce.
Accordingly, it becomes imperative to enact a new legislation for the
establishment and incorporation of a University of unitary nature in private sector
by the BMS Educational Trust, Bengaluru.
Hence, the Bill
[L.A. Bill No. 05 of 2023, File No. SAMVYASHAE 07 SHASANA 2023]
[Entry 25 of List III of the Seventh Schedule to the Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No.121 in part-IVA
dated:16.03.2023]
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KARNATAKA ACT NO. 15 OF 2023
(First Published in the Karnataka Gazette Extra-ordinary on the 16th day of March
2023)
THE BMS UNIVERSITY ACT, 2023
(Received the assent of the Governor on the 13th day of March 2023)
An Act to establish and incorporate in the State of Karnataka a University of
unitary in nature in private sector by the BMS Educational Trust, Bengaluru to
promote and undertake the advancement of applied University education in
Sciences, all branches of Engineering, Arts, Management, Commerce, Social
Sciences and Humanities Programmes and for the matters connected therewith or
incidental thereto.
Whereas it is expedient to establish and incorporate in the State of
Karnataka a University of unitary in natu re in private sector by the BMS
Educational Trust, Bengaluru to promote and undertake the advancement of
applied University Education in Sciences all branches of Engineering, Arts,
Management, Commerce, Social Sciences and Humanities Programmes, and for the
matters connected therewith or incidental thereto for the purposes hereinafter
appearing.
Be it enacted by the Karnataka State Legislature in the seventy -fourth year
of the Republic of India as follows:-
CHAPTER-I
PRELIMINARY
1. Short title, exte nt and commencement. – (1) This Act may be called the
BMS University Act, 2023.
(2) It extends to the whole of the State of Karnataka.
(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, -
(a) “Academic Council” means the Academic Council of the University as
specified in section 26;
(b) “Agenda Matters” means all the matters and business to be designated in
the Statutes each of which can be either included in the Agenda or be
taken up for discussion and decision at a meeting of the Board of
Governors or the Board of Management or any Committees or other
authorities as the case may be, only subject to the prior written approval
of the Chancellor, consenting to the passing of such matters and
business at such a meeting;
(c) “Board of Governors” means the Board of Governors of the University as
specified in section 24;
(d) “Board of Management” means the Board of Management of the
University as specified in section 25;
(e) “Chancellor”, “Vice-Chancellor”, “Pro Vice-Chancellor” means respectively
the Chancellor, Vice Chancellor and Pro Vice Chancellor of the
University.
(f) “Campus” means a camps established, maintained by the University,
situated within the State ;
(g) “Committees” means the committees formed under this Act or by the
various functionaries of the University as the case may be and includes
the Nomination Committee, the Finance Committee and such other
committees;
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(h) “Constituent College” means a c ollege or institution established and
maintained by the University;
(i) “Finance Committee” means the Finance Committee of the University as
specified in section 28;
(j) “Government” means the Government of Karnataka;
(k) “National Accredition Bodies” means a body established by the Central
Government for laying down norms and conditions for ensuring academic
standards of higher education, such as University Grants Commission,
All India Council of Technical Education, National Council of Teache r
Education, Council of Scientific and Industrial Research, Council of
Architecture and includes the Government;
(l) “Prescribed” means prescribed by rules made by the Government under
this Act;
(m) “Principal in relation to a Constituent College” means the head of the
Constituent College and includes, where there is no Principal or in the
absence of the Principal appointed, the Vice-Principal or any other person
for the time being appointed to act as Principal;
(n) “Private University” means a University duly establ ished through a state
Act by a sponsoring body viz. a Society registered under the Societies
Registration Act 1860, or any other corresponding law for the time being
in force in a State of a Public Trust or company register under section 25
of the Companies Act, 1956;
(o) “Registrar” means the Registrar of the University;
(p) “Regional Centre” means a centre established or maintained by the
University for the purpose of coordinating and supervising the work of
Study Centers in any region within the State and for p erforming such
other functions as may be conferred on such centre by the Board of
Management;
(q) “Sponsoring Authority” or “Sponsoring Body” in relation to this Act
means the Trust;
(r) “State” means the State of Karnataka;
(s) “Statutes” and “Regulations” means resp ectively, the Statutes and
Regulations of the University made under this Act;
(t) “Study Centre” means a centre within the State established and
maintained by the University for the purpose of advising, counseling or
for rendering any other assistance required by the students in the
context of education;
(u) “Teacher” means and includes a Professor, Associate Professor, Assistant
Professor, appointed as per University Grants Commission or All India
Council of Technical Education regulations drawing salary as per pa y
scale of University Grants Commission or All India Council of Technical
Education norms as applicable or such other person as maybe appointed
for imparting instruction as per University Grants Commission or All
India Council of Technical Education norms and drawing salary as per
pay scale of University Grants Commission or All India Council of
Technical Education norms as applicable or conducting or to guide
research in the University or in a constituent college and includes the
Principal of constituent college in conformity with the norms Specified by
the University Grants Commission;
(v) “Trust” means BMS Educational Trust, registered under the Companies
Act, 1956 (Central Act 01 of 1956);
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(w) “University Grants Commission” means the Commission established
under section 4 of the University Grants Commission Act, 1956 (Central
Act 3 of 1956);
(x) “University” means “ The BMS University”;
(y) “Visitor” means the visitor of the University as specified in section 12.
CHAPTER-II
THE UNIVERSITY AND SPONSORING BODY.
3. Proposal for the establishment of the University. - (1) The Trust shall
have the right to establish the University of unitary in nature subject to and in
accordance with the provisions of this Act.
(2) The proposal to establish a University shall be mad e to the Government by
the Trust.
(3) The proposal shall contain the following particulars, namely:-
(i) the objects of the University along with the details of the Trust;
(ii) the extent and status of the University and the availability
of land and land shall be in the name of the trust;
(iii) the nature and type of programmes of study and research to be
undertaken by the University during a period of five academic
years immediately following the commencement date;
(iv) the nature of faculties, courses of study and research proposed to
be started;
(v) the campus development such as buildings, equipment and
structural amenities; :
(vi) the phased outlays of capital expenditure for a period of five
academic years immediately following the commencement date;
(vii) the item -wise recurring expenditure, sources of finance and
estimated expenditure for each student; .
(viii) the scheme for mobilizing resources and -the cost of. capital
thereto and the manner of repayments to each source;
(ix) the scheme of generation of funds internally through the recovery
of fee from students, revenues anticipated from consultancy and
other activities relating to the objects of the University and other
anticipated incomes;
(x) the details of expenditure on unit cost, the extent of concessions
or rebates in fee, freeship and scholarship for students belonging
to economically weaker sections and the fee structure indicating
varying rate o f fee, if any, that would be levied on students who
are either non resident Indians or persons of Indian origin or
sponsored by non resident Indians or person of Indian origin and
students of nationalities other than India.
(xi) the years of experience and expe rtise in the concerned discipline
at the command of the Trust as well as the financial resources;
(xii) the system for selection of students to the courses of study at the
University; and
(xiii) status of fulfillment of such other conditions as may be req uired
by the Government under this Act to be fulfilled before the
establishment of the University.
(4) A Screening Committee shall be constituted by the Government
consisting of three members who are Ex-officio members of Karnataka State Higher
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Education Council to examine the proposals received from the trust, which shall
make recommendations to the Government for the establishment of the University.
4. Establishment of the University. (1) Where the Government, after
considering the recommenda tions of the Screening Committee and holding such
inquiry as it may deem necessary, is satisfied that,-
(i) the trust has ability to run an University with sufficient infrastructure,
(ii) is the sole owner of land to the extent of twenty acres;
(iii) la nd in the name of trust to the extent specified below in accordance
with its location, namely:-
(a) The Land shall be in single block or two blocks only including
whole area in the limits of Bruhat Bengaluru Mahanagara Palike as
well as Bengaluru metropolitan Region Development Authority;
(b) It shall be in single block or two blocks within the limits of Mysuru,
Mangaluru, Hubballi -Dharwad, Belagavi, Kalaburagi, Tumakuru,
Ballari, Shivamogga, Davangere and Vijayapura Municipal
Corporation and related planning areas.
(c) Single block or two blocks in the Places other than the places
specified in clause (a) and (b):
Provided that, the university shall fulfill all other conditions specified in
Government Order No. ED/449/URC/2016, dated: 24.01.2017 with amendments.
(iv) Adequate financial resources for creating the specified Statutory Funds
and conducting the University affairs; and
(v) Experience or expertise in running higher Education Institutions.
Based on the furnished particulars required in sub -section (3) of section 3, the
Government may direct the Trust to establish the permanent Statutory Endowment
Fund as specified in section 48.
(2) After the establishment of the Permanent Statutory Endowment Fund,
the Government may, by notification, in the offic ial Gazette, accord sanction for
establishment of the University of unitary in nature in the State by the name of
BMS University.
(3) The headquarters of the University shall be at Bull Temple road,
Basavanagudi, Bengaluru and Avalahhali Village, Yalahanka Hobli, Bengaluru
North Taluk, Bengaluru. The University shall have Campuses or Regional Centres,
Study: Centres anywhere in Karnataka after five years of establishment of the
university subject to the prior permission of the University Grants Commission and
then the Government.
(4) The First Chancellor, the First Vice- Chancellor, the First members of the
Board of Governors, First members of the Board of Management and the Academic
Council and all persons who may hereafter become such officers o r members, so
long as they continue to hold such office or membership, shall constitute a body
corporate and can sue and be sued in the name of the University.
(5) On sanction for the establishment of the University under sub-section (2),
the land and other movable and immovable properties acquired, created, arranged
or built by the Trust for the purpose of the University shall vest in the University.
(6) In all suits and other legal proceedings by or against the University, the
pleading shall be sig ned and verified by, and all processes in such suits and
proceedings shall be issued to and be served on the Registrar.
(7) The land, building and other properties of the University shall not be used
for any purpose other than incidental to the objects of the University.
(8) The university shall fulfill the minimum criteria in terms of programmes,
faculty, infrastructural facilities, financial viability, etc., as laid down from time to
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time by the University Grants Commission and other concerned statutory bodies
such as the All India Council for Technical Education (AICTE).
(9) The courses of studies prescribed for a first degree and/or the post -
graduate degree or diploma programmes shall have been formally approved by the
respective academic bodies of the university, such as Board of Studies, Academic
council and Governing or Executive Council and Board of Governors.
(10) The programmes of study leading to a degree and/or a post -graduate
degree or diploma of fered by the university shall conform to the relevant
regulations or as per University Grants Commission or the concerned statutory
body as amended from time to time.
(11) The university shall provide all the relevant information relating to the
first degree and post graduate degree or diploma programmes including the
curriculum structure, contents, teaching and learning process, examination and
evaluation system and the eligibility criteria for admission of students, to the
University Grants Com mission on a proforma prescribed by the University Grants
Commission prior to starting of these programmes and the same shall also be
published in the university website as mandatory disclosure and a copy of it shall
also be submitted to the Government.
(12) The University Grants Commission on detailed examination of the
information made available as well as the representations and grievances received
by it from the students as well as concerned public relating to the deficiencies of
the proposed programmes not conforming to various University Grants Commission
Regulations, shall inform the concerned university about any shortcomings in
respect of conformity to relevant regulations, for rectification. The university shall
offer the programmes only after necessary rectification. The University shall inform
immediately about such reports from University Grants Commission to the
Government and also about the action taken report on such rectifications
recommended by the University Grants Commission.
(13) The admission procedure and fixation of fees shall be in accordance
with the norms/guidelines prescribed by the University Grants Commission and
other concerned statutory bodies and the Government. As a part of mandatory
disclosure the Univ ersity shall disclose the number of seats sanctioned for each
programme, intake and detailed fee structure on its website for information of all
stakeholders.
(14) The University Grants Commission and the Government may cause
periodic inspection of the university and its off-campus centres, study centres, off -
shore campuses etc., offering its programmes. For this purpose, the University
Grants Commission and the Government may call for all relevant information from
the university, as provided in the Univ ersity Grants Commission (Returns of
Information by Universities) Rules, 1979 as amended from time to time.
(15) After inspection and assessment of the university providing first
degree and/or post graduate degree or diploma courses, the Univ ersity Grants
Commission may indicate to the university any deficiency and non -conformity with
the relevant University Grants Commission Regulations and give it reasonable
opportunity to rectify the same. If the Commission is satisfied that the private
university has, even after getting an opportunity to do so, failed to comply with the
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provisions of any of the Regulations, the Commission may pass an order
prohibiting the private university from offering any course for the award of the first
degree and / or the post – graduate degree or diploma, as the case may be, till the
deficiency is rectified. The university shall communicate the directions given to
them by University Grants Commissions within fifteen days to the Government.
(16) The University Grants Commission may take necessary action against
the university awarding a first degree and / or a post -graduate degree or diploma,
which are not specified by the University Grants Commission, and inform the
public in general through a public notifi cation. The university continuing such
programmes and awarding unspecified degrees shall be liable for penalty under
section 24 of the University Grants Commission Act, 1956 (Central Act 03 of 1956).
5. Grants and Financial Assistance. - The University shal l be self - financing
and shall neither make a demand nor shall be entitled to any maintenance grant -
in-aid or any other financial assistance from the State or any other body or
corporation owned or controlled by the State.
6. Power to establish constituent College, additional campuses, Regional
Centres or Study Centres. - The University may have Constituent Colleges,
Regional Centres, additional campuses and Study Centres at such places in the
State as it deems fit after the completion of five years after its establishment with
prior approval and subject to the prior permission of the Government, and as per
the University Grants Commission and then the Government.
7. Objects of the University .- The University shall employ a broad range of
strategies to achieve its vision and objectives of the University Grants Commission,-
(i) to provide instruction, teaching, training, research, consultancy and
development in various disciplines in areas such Science, all branches
of Engineering, Arts Management, Commerce Soci al Science,
Humanities programs including other allied fields of development and
make provisions for research, advancement and dissemination of
knowledge on these fields;
(ii) to design and deliver high quality training, capacity building and
development systems for teachers in higher and professional education,
administrators and professionals working in Government, Public and
Private Sectors and development professionals in other systems;
(iii) to develop resource centers to contribute to quality education;
(iv) to esta blish Campuses and have study centers, Constituent Colleges
and Regional Centres at various locations in Karnataka after a period of
five years and to contribute and develop an understanding of
educational changes in Technical and professional education and social
and human development as per norms of the University Grants
Commission subject to the prior permission of the University Grants
Commission and then the Government;
(v) to institute degrees, diplomas, certificates and other academic
distinctions like award of credits on the basis of successful completion
of academic work evaluated through multiple methods of assessment;
(vi) to collaborate with any other universities, research institutions, non -
profit organizations, industry association, professional, assoc iations or
other organizations, to conceptualize, design, develop and offer specific
educational and research programmes, training programmes and
exchange programmes for students, faculty members and others;
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(vii) to disseminate knowledge and develop a public d ebate on issues of
education and allied development fields through seminars, conferences,
executive education programmes, community development
programmes, publications and training programmes and events;.
(viii) to undertake programmes for development and train ing of faculty and
researchers of the University in partnership with any other institutions
of quality with prior approval of the Government;
(ix) to undertake collaborative research and advocacy with any
organizations with prior approval of the Government;
(x) to undertake necessary or expedient action to pursue and promote the
objectives of the University; and
(xi) to pursue any objectives as may be approved by the Government for the
enhancement of the education and other development sectors.
8. Powers of the Universi ty. - The University shall have the following
powers, namely:-
(i) to establish and maintain Campuses, Regional centers and Study
Centers in Karnataka as may be determined by the University
from time to time in the manner laid down by the Statutes
subject to the prior permission of the University Grants
Commission and then the Government;
(ii) to carry out all such other activities as may be necessary or
feasible in furtherance of the object of the University,
(iii) to confer degrees or other academic distinctions in th e manner
and under conditions laid down in the Statutes;
(iv) to institute and award fellowships, scholarships and prizes,
awards, medals etc., in accordance with the Statutes;
(v) to demand and receive such fees bills, invoices and collect
charges as may be fixed by the Statutes or rules, as the case may
be;
(vi) to make provisions for extracurricular activities for students and
employees;
(vii) to make appointments of the Faculty, officers and employees of
the University or a Constituent College, Campuses, Regional
Centres and Study Centres;
(viii) to receive voluntary donations and gifts of any kind not
prohibited by any Law for the time being in force and to acquire,
hold, manage, maintain and dispose of any movable or
immovable property, including trust and endowment properties
for the purpose of the University or a Constituent College or a
Campus, Regional Centres and Study Centres;
(ix) to institute and maintain hostels and to recognize places of
residence for students of the University or a Constituent College;
(x) to supervise and c ontrol the residence and to regulate the
discipline among the students and all categories of employees
and to lay down the conditions of service of such employees,
including the Code of Conduct for the students and employees;
(xi) to create academic, administr ative and support staff and other
necessary posts;
(xii) to co -operate and collaborate with other Universities in such a
manner and for such purposes as the University may determine
from time to time.
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(xiii) to organize and conduct refresher courses, orientation course s,
workshops, seminars and other programmes for teachers, lesson
writers, evaluators and other academic staff;
(xiv) to determine standards of admission to the University or a
Constituent College, Regional Centres, Study Centres with the
approval of Academic Council and to make admission of students
of Karnataka not less than the extent provided in this Act;
(xv) to do all such other acts or things whether incidental to the
powers aforesaid or not, as may be necessary to further the
objects of the University;
(xvi) to institute Degrees, Diplomas, Certificates and other academic
distinctions with the prior approval of the Government and the
concerned statutory authorities on the basis of regular or online
examination or online evaluation or any other method of
evaluation approved by the University Grants Commission and
then the Government;
(xvii) to provide for the preparation of instructional materials,
including films, cassettes, tapes, video cassettes, CD, VCD, Pen
Drives and other software and other relevant electronic and print
media;
(xviii) to raise, collect, subscribe and borrow money with the approval
of the Board of Governors whether on the security of the property
of the University, for the purposes of the University;
(xix) to acquire and takeover an d run the management of any other
educational institutions with the prior approval of the
Government:
(xx) to acquire properties with the prior approval of the Board of
Management; and
(xxi) to undertake any other activities connected with or incidental to
above objectives of the University.
(xxii) Mandatory skill Development courses shall be conducted by
the University.
9. University open to all classes, Castes, creed, gender or nation. - The
University admissions shall be open to all persons irrespective of caste, class,
creed, gender or nation. The criteria for admission programme wise and the
detailed notification of the time line for admission and the available intake
programme wise along with the prescribed fees including a break up of fees shall be
notified as a part of mandatory disclosure on the University‟s website:
Provided that, forty percent of the admissions in all courses of the university
shall be reserved for the students of Karnataka State and admissions shall be done
as below,-
(i) for Technical and profe ssional Courses admission shall be done on the
basis of the merit list through a Common Entrance Test conducted by the Central
Government or Government or its agency, as the case may be or through any
method as specified by the Government from time to time;
(ii) in case of all non -technical courses the admission shall be done on the
basis of the merit list prepared on the basis of marks obtained in the respective
qualifying exams or through any method as specified by the Government from time
to time:
Provided further that, seats in the above cases in this section shall be
allotted as per merit and reservation policy of the Government framed from time to
time.
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10. Powers of the sponsoring body. - The sponsoring body shall have the
following powers with refer ence to the University, each of which may be exercised
by the Sponsoring Body at its discretion, namely:-
(i) to appoint or re -appoint or terminate the appointment of the
Chancellor;
(ii) to constitute the first Board of Governors of the University;
(iii) to nominate the chairperson of the Board of Governors;
(iv) to nominate three persons as members of the Board of Governors;
(v) to nominate two persons as members of the Board of Management;
(vi) to determine the source of funds to be contribute d to the University
Endowment Fund;
(vii) to determine the application and spending of monies by the University;
and
(viii) to resolve any conflict at the meeting of the Board of Governors in the
manner provided for in this Act.
CHAPTER - III
OFFICERS OF THE UNIVERSITY
11. Officers of the University . - The following shall be the officers of the
University, namely: -
(i) The Visitor;
(ii) The Pro-visitor;
(iii) The Chancellor:
(iv) The Pro-Chancellor;
(v) The Vice-Chancellor;
(vi) The Pro Vice-Chancellor;
(vii) Deans of faculties;
(viii) The Registrar;
(ix) The Finance Officer; and
(x) Such other officers as may be declared by the Statutes to be officers of the
University.
12. The Visitor .- (1) His Excellency the Governor of Karnataka shall be the
Visitor of the University and the visitor may offer suggestions for the improvement
of the functioning of the University.
(2) The Visitor shall preside at the convocation of the University for conf erring
degrees and diplomas.
(3) The Visitor shall have the following powers, namely:-
(i) to call for any paper or information relating to the affairs of the
University; and
(ii) on the basis of the information received by the Visitor and if he is
satisfied that a ny order, proceedings or decision taken by any
authority of the University is not in conformity with the Act,
Regulations, or Rules, he may issue such directions as he may deem
fit in the interest of the University and the directions so issued shall
be complied with by all the concerned.
13. The Pro -Visitor.- (1) The Hon‟ble Minister for Higher Education,
Government of Karnataka shall be the pro-visitor of the University.
(2) The pro -visitor shall, when the Visitor is absent, preside at the
Convocation of the University for conferring degrees and diplomas.
14. The Chancellor. - (1) The Sponsoring Body shall appoint the Donor
Trustee of the Sponsoring body as the first Chancellor for a term of three years;
(2) After the expiry of term of three years, the Sp onsoring body shall appoint
its life trustee as Chancellor for a term of three years.
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(3) In the process of appointment of the Chancellor as stated above, the
procedure in sub -section (1) and (2), shall continue in the similar style and
sequence thereafter.
(4) The Sponsoring Body may appoint Pro -Chancellor who shall be a trustee
of the Sponsoring body.
(5) The Chancellor shall have such powers as may be conferred on him by
this Act or the Statutes made there under, which shall include the following
powers, namely:-
(i) to function as the head of the University;
(ii) to preside at all convocations of the University in absence of visitor and
pro-visitor;
(iii) to function as a Chairperson of the Board of Governors of the
University;
(iv) to appoint or r e-appoint or terminate the appointment of the Vice -
Chancellor, in accordance with the provisions of this Act and the
Statutes;
(v) to propose the appointment of the Pro Vice -Chancellor, the Dean, the
Registrar and the Finance Officer;
(vi) to appoint the first Pro Vice-Chancellor and the Finance Officer;
(vii) to constitute the first Board of Management, the Finance Committee,
the Research Council and the Academic Council;
(viii) to approve the Agenda matters in the manner provided for in the Act;
and
(ix) to resolve a conflict (excluding conflicts at a meeting of the Board of
Governors) in the manner provided in this Act.
(7) In the event of there being a conflict inter -se between the functionary or
body and any other functionary or body of the University, then the issue shall be
referred to the Chancellor and the decision of the Chancellor in respect of such
issue shall be final and binding on the University.
15. The Pro -Chancellor.- (1) The Sponsoring body shall appoint the life
trustee of the Sponsoring body as the first Pro-Chancellor. This appointment shall
be for a tenor of three years and other terms and conditions as may be laid down in
the statutes.
(2) After the expiry of the term of three years, the Sponsoring body shall
appoint its Donor trustee as Pro-Chancellor for a term of three years;
(3) The Process of appointment of the Pro -Chancellor as stated above, in
clauses (1) and (2), shall continue in the similar style and sequence thereafter.
16. The Vice -Chancellor.- (1) The Vice - Chancellor shall be appointed by
the Chancellor in consultation with the Pro -Chancellor, for a term of three years
subject to other terms and conditions as may be laid down by the Statutes from
among three persons recommended by the Nomination Committee constituted in
accordance with the provisions of sub- section (3).
(2)The Nomination Committee referred to in sub -section (1), shall consist of
the following persons, namely:-
(i) One person nominated by the Sponsoring Body, who shall be the
convener of the nomination committee;
One person nominated by the Governing body; and
One person nominated by the Academic Council.
(3) The Nomination Committee shall, on the basis of merit, recommend three
persons suitable to hold the office of the Vice -Chancellor and forward th e same to
the Chancellor along with a concise statement showing the academic qualifications
and other distinctions of each person.
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(4) The Vice -Chancellor shall be the Principal Executive and Academic
Officer of the University and shall exercise general supervision and control over the
affairs of the University and give effect to the decisions of the authorities of the
University:
Provided that, where any matter, other than the appointment of a Teacher is
of urgent nature requiring immediate action and the same could not be
immediately dealt with by any officer or the authority or other body of the
University empowered by or under this Act to deal with it, the Vice -Chancellor may
take such action as he may deem fit with the prior written approval of the
Chancellor.
(5) The Vice- Chancellor shall exercise such other powers and perform such
other duties as may be laid down by the Statutes or the Rules:
Provided that, where in the opinion of the Vice -chancellor, any decision of
any authority of the university is outside the powers conferred by this Act or
Statutes, Regulations or Rules made there under or is likely to be prejudicial to the
interests of the university, he shall request the concerned authority to revise its
decision within fifteen days from the date of its decision and in case the authority
refuses to revise such decision wholly or partly or fails to take any decision wit hin
fifteen days, then such matter shall be referred to the Chancellor and his decision
thereon shall be final.
(6) The services of the Vice -Chancellor can be terminated by the Chancellor
with the approval of the Board of Governors after following the principles of natural
justice and after providing an opportunity to present his case including, for
termination on, disciplinary grounds.
(7) The Vice-Chancellor shall preside at the Convocation of the University in
the absence of the Visitor, the Pro-Visitor, the Chancellor and the Pro-Chancellor.
17. The Pro Vice-Chancellor.- The Vice-Chancellor shall appoint not more
than three pro-vice Chancellors with the written approval of the Chancellor in such
manner and they shall exercise such powers and perform su ch duties as may be
laid down by the Statutes.
18. Deans of faculties. - Deans of faculties shall be appointed by the Vice -
Chancellor with the written approval of the Chancellor in such manner and they
shall exercise such powers and perform such duties a s may be laid down by the
Statutes.
19. Appointments in the University.- All appointments in section 15,16,17
and 18 in the University shall as per regulations of existing University Grants
Commission and other Regulatory Authorities.
20. The Registrar. - (1) The Registrar shall be appointed by the Chancellor
in such manner and on such terms and conditions as may be laid down by the
Statutes.
(2) All contracts as defined in statutes shall be entered into, and signed by
the Registrar on behalf of the University.
(3) The Registrar shall have the power to authenticate records on behalf of the
University and shall exercise such other powers and perform such other duties as
may conferred by the statutes or may be required from time to time, by the
Chancellor or the Vice-Chancellor.
(4) The Registrar shall be responsible for the due custody of the records and
the common seal of the University and shall be bound to place before the
Chancellor, the Vice -Chancellor or any other authority all such information and
documents as demanded.
21. The Finance Officer. - The Finance Officer shall be appointed by the
Vice-Chancellor with the written approval of the Chancellor in such manner and he
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shall exercise such powers and perform such duties as may be laid down by the
Statutes.
22. Other Officers. - The manner of appointment, terms and conditions of
service and powers and duties of the other officers of the University shall be such
as may, be specified by Statutes..
CHAPTER – IV
AUTHORITIES OF THE UNIVERSITY
23. Authorities of the University.- The following, shall be the authorities of
the University, namely:-
(i) The Board of Governors;
(ii) The Board of Managements;
(iii) The Academic Council;
(iv) The Research and Innovation Council;
(v) The Finance Committee; and
(vi) Such other authorities as may be declared by the Statutes to be
the authorities of the University.
24. The Board of Governors and its powers. - (1) The Board o f Governors
shall consist of the following, namely:-
(i) The Chancellor - Chairperson;
(ii) The Pro-Chancellor - Member;
(iii) The Vice-Chancellor - Member;
(iv) The Secretary to the Government in the Higher Education or by his
nominee not below the rank of Deputy Secretary - Ex-officio member;
(v) One expert from the field of management, finance or any other
specialization, including administration to be nominated by the
Government- member;
(vi) Three persons nominated by the Sponsoring Body of whom one shall be
woman – member; and
(vii) The Pro Vice-Chancellor who shall be a non-voting member.
(2) The Registrar shall be non -voting member Secretary of Board of
Governors.
(3) The tenure of office of the members of the Board of Governors,
appointment of members, other than Government nominees, renewal and removal,
etc: shall be such as may be laid down by the Statutes.
(4) All meetings of the Board of Governors shall always be chaired by the
Chancellor and in his absence by any one of the nominees of the Chancellor. If
Chancellor has not nominated any person to Chair such a meeting, members
present in the meeting shall elect the Chairperson for that meeting only from
among themselves by a simple majority.
(5) Quorum for all meetings of the Board of Governors shall be three
members attending and voting at such meeting:
Provided that, the presence of either the Chancellor or one nominee of the
Sponsoring Body and in the absenc e of the Chancellor or one nominee of
Sponsoring Body, the Vice Chancellor, shall always be necessary to form the
quorum for any meeting of the Board of Governors.
(6) The Board of Governors shall be the Principal Governing Body of the
University and shall have the following powers, namely:-
(i) to appoint the Statutory Auditors of the University;
(ii) to lay down policies to be pursued by the University;
(iii) to review decisions of the other authorities of the University if they
are not in conformity with the provisi ons of this Act, or the
Statutes or the Rules;
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(iv) to take decision about voluntary winding up of the University with
approval of Government;
(v) to approve proposals for submission to the Government; and
(vi) to take such decisions and steps as are found desirable for
effectively carrying out the objects of the University.
(7) The Board of Governor shall, meet at least four times a year.
(8) The Board of Governors shall meet at such time and place as may be
specified by Statute.
(9) The agenda and proceedings of the Board of Governors shall be put up on
the website of the University as a part of mandatory disclosures in addition to the
proceedings of the meeting shall be live stream.
25. The Board of Management.- (1) The Board of Management shall consist
of the following, namely:-
(i) The Vice Chancellor;
(ii) The Pro-Vice Chancellors;
(iii) The Registrar;
(iv) Two nominees of the Sponsoring Body; and
(v) Two Deans of the faculties as nominated by the Vice Chancellor.
(2) The Vice Chancellor shall be the Chairperson of the Board of
Management and the Registrar shall be the Secretary of the Board of Management.
(3) The Board of management shall be the executive body of the University.
The powers and functions of the Board of Management shall be such as may be
specified by the statutes.
(4) All meetings of the Boards of Management shall always be chaired by the
Vice Chancellor and in the absence of the Vice Chancellor, by the nominee of the
Sponsoring Body and where the Sponsoring Body has not nominated any
nominees, then by any other m ember as elected by the members present in the
meeting;
(5) In the event of a conflict of opinion at the meeting of the Board of
Management, the issue shall be referred to the Chancellor and the decision of the
Chancellor in respect of such issue shall be final and binding on the University.
(6) The agenda and proceedings of the Board of management shall be put up
on the website of the University as a part of mandatory disclosures.
26. The Academic Council. - (1) The Academic Council shall consist of the
following, namely: -
(i) The Vice-Chancellor - Chairperson
(ii) The Pro Vice Chancellor - Member
(iii) The Registrar - Secretary
(iv) Such other members as may be specified by the Statutes.
(2) The Academic Council shall be the principal academic body of the
University and shall, subject to the provisions of this Act, the Statutes, Regulations
and the Rules, and as per Regulations of existing University Grants Commission,
relevant Rules and Regulations of Government of India and Government of
Karnataka to co-ordinate and exercise general supervision over the academic
policies of the University. The agenda and proceedings of the Academic Council
shall be put up on the website of the University as a part of Mandatory Disclosures.
27. The Research and Innovat ion Council.- (1) Research and Innovation
Council shall be the Principal Research and Innovation Council of the University
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and shall provide the larger holistic vision of the kind of research to be undertaken
by the University, including prioritization of tExcerpt shown. Open the full act in Lexace.