LexThe SHRI DHARMASTHALA MANJUNATHESHWARA UNIVERSITY ACT, 2018
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KARNATAKA ACT NO. 19 OF 2018
SHRI DHARMASTHALA MANJUNATHESHWARA UNIVERSITY ACT, 2018
Arrangment of sections
Statement of Objectives
Sections
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER-II
THE UNIVERSITY AND SPONSORING BODY
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. National Accreditation
11. Powers of the Sponsoring Body
CHAPTER – III
OFFICERS OF THE UNIVERSITY
12. Officers of the University
13. The Visitor
14. The Pro-Visitor
15. The Chancellor
16. The Vice-Chancellor
17. The Pro Vice-Chancellor
18. Deans of faculty
19. The Registrar
20. The Finance Officer
21. Other Officers
CHAPTER – IV
AUTHORITIES OF THE UNIVERSITY
22. Authorities of the University
23. The Board of Governors and its powers
24. The Board of Management
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25. The Academic Council
26. The Research and Innovation Council
27. The Finance Committee
28. Other Authorities
29. Disqualification for membership of an Authority or Body
30. Proceedings not invalidated on account of vacancy
31. Provisions pertaining to Agenda Matters
CHAPTER-V
STATUTES AND REGULATIONS
32. Statutes
33. Statutes how made
34. Power to amend the Statutes
35. Regulations
36. Regulations how made
37. Power to amend Regulations
38. Fixation of fee
CHAPTER – VI
MISCELLANEOUS
39. Conditions of service of employees
40. Right to appeal
41. Provident or pension fund
42. Disputes as to constitution of University authorities and bodies
43. Constitution of Committees
44. Filling of casual vacancies
45. Protection of action taken in good faith
46. Transitional provisions
47. Permanent Statutory Endowment Fund
48. University Endowment Fund
49. General Fund
50. Development fund
51. Maintenance of funds
52. Annual Report
53. Account and audit
54. Mode of proof of University record
55. Power of State Government to issue directions
56. Penalties
57. Power to enter and Inspect
58. Power to give direction for dissolution of the University
59. Expenditure of the University during dissolution
60. Removal of difficulties
61. Power to make rules by the State Government
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STATEMENT OF OBJECTS AND REASONS
Act 19 of 2018.- Shri Dharmasthala Manjunatheshwara Educational Society
(Regd), Ujjire, Dakshin Kannada, 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 the needy students. This
also accelerates the enhancement of gross enrolment ratio in the higher education
sector which presently stands at 11.5% only in Karnataka.
Keeping in view the above, it is considered necessary to provide for
establishment of a private University in the name Shri Dharmasthala
Manjunatheshwara University by the Shri Dharmasthala Manjunatheshwara
Educational Society (Regd), Ujjire, Dakshin Kannada,.
This private university focuses on Degree, Post Graduate, Doctoral, Post
Doctoral courses in Humanities, Languages, Life, Physical and Allied Science,
Computer Science, Information Technology, Engineering, Humanities, Technical
courses, Medical Sciences and allied sector, Commerce and Business Management
and to make provisions for research, advancement and dissemination of
knowledge, including consultancy for the matters connected therewith or incidental
thereto.
Hence, the Bill.
[L.A. Bill No.50 of 2018, File No. Samvyashae 58 Shasana 2016]
[entry 25 of List III of the Seventh Schedule to the Constitution of India.]
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KARNATAKA ACT NO. 19 OF 2018
(First Published in the Karnataka Gazette Extra-ordinary on the twenty first day of April, 2018)
SHRI DHARMASTHALA MANJUNATHESHWARA UNIVERSITY ACT, 2018
(Received the assent of the Governor on the nineteenth day of April, 2018
An Act to establish and incorporate in the State of Karnataka a University of
unitary in nature in private sector by the Shri Dharmasthala Manjunatheshwara
Educational Society(Regd), Ujjire, Dakshin Kannada, to promote and undertake the
advancement of and innovation in University Education leading up to and
including Degree, Post Graduate, Doctoral, Post Doctoral courses in Humanities,
Languages, Life, Physical and Allied Science, Computer Science, Information
Technology, Engineering, Technical courses, Medical Sciences and allied sectors,
Commerce and Business Management and to make provisions for research,
advancement and dissemination of knowledge, including consultancy and the
matters connected therewith or incidental thereto.
Whereas it is expedient to establish and incorporate in the State of
Karnataka an University of unitary nature in private sector by Shri Dharmasthala
Manjunatheshwara Educational Society(Regd), Ujjire, Dakshin Kannada, to
promote and undertake the advancement of and innovation in University Education
leading up to and including Degree, Post Graduate, Doctoral, Post Doctoral courses
in Humanities, Languages, Life, Physical and Allied Science, Computer Science,
Information Technology, Engineering, Technical courses, Medical Sciences and
allied sectors, Commerce and Business Management and to make provisions for
research, advancement and dissemination of knowledge, including consultancy and
the matters connected therewith or incidental thereto for the purposes hereinafter
appearing;
Be it enacted by the Karnataka State Legislature in the sixty ninth year of the
Republic of India as follows:-
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be called Shri
Dharmasthala Manjunatheshwara University Act, 2018.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force on such date as the State 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 25;
(b) “Agenda Matters” means all the matters and businesses 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 Academic Council or other Authorities of the University or any
Committees, as the case may be, only subject to the prior written approval of the
Chancellor, consenting to the passing of such matters and businesses at such a
meeting;
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(c) “Board of Governors” means the Board of Governors of the University as
specified in section 23;
(d) “Board of Management” means the Board of Management of the
University as specified in section 24;
(e) “Chancellor”, “Vice-Chancellor”, “Pro Vice-Chancellor” means respectively
the Chancellor, Vice Chancellor and Pro Vice Chancellor of the University;
(f) “Campus” means a campus established and 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;
(h) “Constituent College” means a college or institution established and
maintained by the University;
(i) “Finance Committee” means the Finance Committee of the University as
specified in Section 27;
(j) “Government” means the Government of Karnataka;
(k) “National Accreditation 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 Teacher Education, Medical
Council of India, Pharmaceutical Council of India, National Council of Assessment
and Accreditation, Indian Council of Agriculture Research, Council of Scientific and
Industrial Research, Bar Council of India etc., 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 a
Principal appointed, the Vice-Principal or any other person for the time being
appointed to act as Principal;
(n) “Registrar” means the Registrar of the University;
(o) “Regional Centre” means a centre established or maintained by the
University for the purpose of co-ordinating and supervising the work of Study
Centres in any region within the state and for performing such other functions as
may be conferred on such centre by the Board of Management;
(p) “Sponsoring Authority” or “Sponsoring Body” in relation to this Act
means Sponsoring Society;
(q) “Society” means Shri Dharmasthala Manjunatheshwara Educational
Society(Regd), Ujjire, Dakshin Kannada under the Karnataka Societies Registration
Act, 1960 (Karnataka Act 17 of 1960);
(r) “State” means State of Karnataka;
(s) “Statutes” and “Regulations” means respectively 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
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rendering any other assistance required by the students in the context of the
education;
(u) “Teacher” means and includes a Professor, Associate Professor, Assistant
Professor, Reader or Lecturer or such other person as may be appointed for
imparting instruction 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) “University” means Shri Dharmasthala Manjunatheshwara University
established and incorporated under this Act;
(w) “University Grants Commission” means the Commission established
under section 4 of the University Grants Commission Act, 1956 (Central Act 3 of
1956);
(x) “Visitor” means the visitor of the University as specified in section 13.
CHAPTER-II
THE UNIVERSITY AND SPONSORING BODY
3. Proposal for the establishment of the University.- (1) Sponsoring
Society shall have the right to establish the University of unitary nature subject to
and in accordance with the provisions of this Act.
(2) The proposal to establish a University shall be made to the State
Government by Society.
(3) The proposal shall contain the following particulars, namely:-
(i) the objects of the University along with the details of Society;
(ii) the extent and status of the University and the availability of land;
(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
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weaker sections and the fee structure indicating varying rate of 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 persons of Indian origin and
students of nationalities other than India;
(xi) the years of experience and expertise in the concerned discipline at the
command of Sponsoring Society; 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 required by the
State Government to be fulfilled before the establishment of the University.
(4) A Screening Committee shall be constituted by the State Government
consisting of three members who are Ex- officio members of Karnataka State
Higher Education Council to examine the proposal received from the
Sponsoring Society which has to make recommendations to the State
Government for establishment of the University.
4. Establishment of the University.- (1) Where the State Government, after
considering the recommendations of the screening Committee and holding such
inquiry as it may deem necessary, is satisfied that,-
(i) the Society has ability to run an University with sufficient
infrastructure.
(ii) owns a land to the extent specified below in accordance with its location
namely:-
(a) twenty five acres of land if it is within limits of Bruhat Bangalore
Mahanagara Palike;
(b) forty acres of land if it is out side the limits of Bruhat Bangalore
Mahanagara Palike but within Bangalore Metropolitan Region
Development Authority Area;
(c) not less than sixty acres of land in the places other than the places
specified in clauses (a) and (b).
The land specified above shall consist of a single block and it shall be in the
name of the concerned Society or Trust or foundation or institution or university
itself. Based on the furnished particulars required in sub-sec tion (3) of section 3,
the Government may direct the Trust to establish the permanent Statutory
Endowment Fund as specified in section 47.
(2) After the establishment of the Permanent Statutory Endowment Fund, the
State Government may, by notification, in the official Gazette, accord sanction for
establishment of the University of unitary nature in the State by the name of “Shri
Dharmasthala Manjunatheshwara University”.
(3) The headquarters of the University shall be at Dharwad. 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 State Government and as per UGC norms.
(4) The First Chancellor, the First Vice-Chancellor, First members of the
Board of Governors, First members of the Board of Management and the Academic
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Council and all persons who may hereafter become such officers or 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 Sponsoring 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 signed 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.
5. Grants and Financial Assistance.- The University shall be self-financing
and non-profit making organisation 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:
Provided that the State may, provide financial support through grants or
otherwise,-
(a) for research, development and other activities for which other State
Government organizations are provided financial assistance; or
(b) for any specific research or programmes receiving support from the State
Government; or
(c) for the benefit of the similar Universities in the State whether subject to a
change in State Policy or otherwise:
Provided further that, the university may receive any financial support from
any other source.
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 of the State Government subject to norms of UGC and other
National Accreditation bodies.
7. Objects of the University.- The University shall employ a broad range of
strategies to achieve its vision and objectives,-
(i) to support, promote and undertake advancement of and innovation in
University education leading up to and including Degree, Post Graduate, Doctoral,
Post Doctoral courses in Humanities, Languages, Life, Physical and Allied Science,
Computer Science, Information Technology, Engineering, Humanities, Technical
courses, Medical Sciences and allied sector, Commerce and Business Management
and to make provisions for research, advancement and dissemination of
knowledge, including consultancy in these fields;
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(ii) to collaborate with any other universities, research institutions, non-
profit organizations, industry associations, professional associations 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;
(iii) to undertake collaborative research and advocacy with any organizations
with prior approval of the State Government;
(iv) to disseminate and advance knowledge by providing instructional and
research facilities in such branches of learning as it may deem fit and in particular,
to make special provisions for integrated courses in proposed area and other such
Higher Educational Programmes of the University and to make appropriate
measures for promoting interdisciplinary studies and research;
(v) to provide innovative system of University level education, flexible and
open with regard to methods and places of learning, combination of courses
eligibility for enrolment, age of entry, conduct of examinations and operation of
programmes with a view to promoting access and equity in higher learning besides
encouraging excellence in new fields of knowledge and placing special emphasis on
both academic as well as application oriented learning;
(vi) to develop resource centres to contribute to quality education with prior
approval of State Government;
(vii) to establish Campuses, Regional centres, study centres and constituent
Colleges at various locations in Karnataka after five years of establishment of the
University and to contribute and develop an understanding of educational change
in technical, professional, general education and social and human development
with prior approval of Government;
(viii) 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 modern methods of assessment;
(ix) to disseminate knowledge and develop a public debate on issues of
education and allied development fields through seminars, conferences, executive
education programmes, community development programmes, publications and
training programmes and events;
(x) to undertake pro grammes for development and training of faculty and
researchers of the University in partnership with any other university of quality
with prior approval of the State Government;
(xi) to undertake necessary or expedient action to pursue and promote the
objectives of the University;
(xii) to pursue any objectives as may be approved by the Government for the
enhancement of education and other development sectors in India.
8. Powers of the University.- The University shall have the following
powers, namely:-
(i) to establish and maintain such Campuses, Regional Centres and Study
Centres in Karnataka after five years from the date of establishment of the
University as may be determined by the University from time to time in the manner
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laid down by the Statutes with prior approval of the Government and as per UGC
norms.
(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 the 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, Study Centres.
(viii) to receive voluntary donations and gifts of any kind not prohibited by
any Law for the time being inforce 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 Centre and Study Centre.
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 control 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, administrative 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.
(xiii) to organize and conduct refresher courses, orientation courses
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 on the basis of examination or any other method of evaluation
approved by the Government.
(xvii) to provide for the preparation of instructional materials, including
films, cassettes, tapes, video cassettes, CD, VCD and other software and other
relevant electronic and print media.
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(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, takeover, and run the management of any other educational
institution with the prior approval of the State Government.
(xx) to acquire properties with the prior approval of the Board of
Management.
(xxi) to undertake any other activities connected with or incidental to above
objectives of 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. All admissions shall be made on the basis of merit in the
qualifying examinations:
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 made
through a Common Entrance Examination conducted by the Central Government
or State Government agency, as the case may be and seats shall be allotted as per
the merit and reservation policy of the State Government from time to time.
Provided further that, where there are less than ten seats in any course like
Post Graduate, they shall be reserved by clubbing such courses together and where
there are less than three seats in any course they shall be reserved by rotation.
10. National Accreditation.-The University shall seek accreditation from
respective statutory national accreditation bodies soon after its establishment.
Further all the courses run by this University shall be as per the regulations of the
National Accreditation Bodies.
11. Powers of the Sponsoring Body.- The sponsoring body shall have the
following powers with reference 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 contributed to the
University Endowment Fund;
(vii) to determine the application and spending of moneys by the University;
(viii) to resolve any conflict at the meeting of the Board of Governors in
the manner provided for in this Act.
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CHAPTER – III
OFFICERS OF THE UNIVERSITY
12. 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 Vice-Chancellor;
(v) The Pro Vice-Chancellor;
(vi) The Registrar;
(vii) The Finance Officer; and
(viii) Such other officers as may be declared by the Statutes to be officers of
the University.
13. 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 conferring
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;
(ii) on the basis of the information received by the Visitor and if he is satisfied
that any 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.
14. 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.
15. The Chancellor.- (1) The Chancellor shall be appointed by the
Sponsoring Body.
(2) The founder trustee of the Sponsoring Body shall be the first Chancellor,
who shall hold for life or till he demits office.
(3) The subsequent Chancellor shall be either the then Trustee of the
Sponsoring Body or such other person of eminence of national figure in the f ield of
education, science, culture or public life, when such an appointment is being
considered, as may be decided by the Sponsoring Body.
(4) The subsequent Chancellor so appointed shall hold the office as
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determined by 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 re-appoint or terminate the appointment of the Vice-
Chancellor, in accordance with the provisions of this Act and the
Statutes;
(v) to nominate a person as a member of the Nomination Committee
as referred to in sub-section (2) of section 16 of this Act;
(vi) to pre- approve the appointment of the Pro Vice -Chancellor, the
Dean, the Registrar and the Finance Officer;
(vii) to nominate two academicians as members on the Board of
Governors;
(viii) to appoint the first Pro Vice-Chancellor and the Finance Officer;
(ix) to constitute the first Board of Management, the Finance
Committee, the Research Council and the Academic Council;
(x) to pre-approve the Agenda matters in the manner provided for in
the Act;
(xi) to resolve a conflict (excluding conflicts at a meeting of the Board
of Governors) in the manner provided in this Act.
(6) 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.
16. The Vice-Chancellor.- (1) The Vice-Chancellor shall be appointed by the
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
(2). After the term of three years, it is renewable for another term of three years:
Provided that, a Vice-chancellor shall continue to hold the office even after
expiry of his term till new Vice-chancellor joins. However, in any case this period
shall not exceed one year.
(2) The Nomination Committee referred to in sub-section (1) shall consist of
the following persons, namely:-
(i) One person nominated by the Chancellor;
(ii) Two nominees of the Board of Governors, one of whom shall be nominated
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as the Convener of the Committee by the Board of Governors.
(3) The Nomination Committee shall, on the basis of merit, recommend three
persons suitable to hold the office of the Vice -Chancellor and forward the same to
the Chancellor along with a concise statement showing the academic qualifications
and other distinctions of each person.
(4) The Vice-Chancellor shall be the Principal Executive and Academic Offic er
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 deems 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 within 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, Pro-Visitor and the Chancellor.
17. The Pro Vice-Chancellor.- The Vice-Chancellor shall appoint not
exceeding three pro-vice Chancellors with the written approval of the Chancellor in
such manner and they shall exercise such powers and perform such duties as may
be laid down by the Statutes.
18. Deans of faculty.- Deans of faculty 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 as may be laid down by the
Statutes.
19. 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.
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(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.
20. 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
shall exercise such powers and perform such duties as may be laid down by the
Statutes.
21. 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
22. Authorities of the University.-The following shall be the authorities of
the University, namely:-
(i) The Board of Governors;
(ii) The Board of Management;
(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.
23. The Board of Governors and its powers.- (1) The Board of Governors
shall consist of the following, namely:-
(i) The Chancellor - Chairperson
(ii) The Vice-Chancellor - Member
(iii) The Principal Secretary /Secretary to the State Government in
the Department of Higher Education or by his nominee not below
the rank of Deputy Secretary
(iv) The Principal Secretary /Secretary to the State Government in
the Department of Medical Education or by his nominee not below
the rank of Deputy Secretary
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(v) One expert from the field of management, finance or any other
specialized, including administration to be nominated by the
State Government.
(vi) Three persons nominated by the Sponsoring Body of whom one
shall be woman;
(vii) The Pro Vice Chancellor who shall be non-voting member;
(viii) One eminent educationist nominated by the University Grants
Commission
(2) The Registrar shall be non-voting member Secretary of the 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 absence 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 provisions of this Act, or the
Statutes or the Rules;
(iv) to approve the Budget and Annual Report of the University;
(v) to make new or additional Statutes or amend or repeal the earlier
Statutes and Rules;
(vi) to take decision about voluntary winding up of the University;
(vii) to approve proposals for submission to the Government;
(viii) to nominate three members to the Fee Regulation Committee;
(ix) to take such decisions and steps as are found desirable for
effectively carrying out the objects of the University.
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(7) The Board of Governor shall, meet at least three times a year.
(8) The Board of Governors shall meet at such time and place as may be
specified by Statute.
24. 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;
(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 member as elected by the members present in the
meeting.
(5) In the event of a conflict of opinion at a 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.
25. The Academic Council.- (1) The Academic Council shall consist of the
following, namely:-
(i) The Vice-Chancellor - Chairperson
(ii) The Pro Vice Chancellor - Members
(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, co- ordinate and exercise general supervision over the academic
policies of the University.
26. The Research and Innovation Council.- (1) Research and Innovation
Council shall be the Principal Research and Innovation Committee of the University
and shall provide the larger holistic vision of the kind of research to be undertaken
by the University, including prioritization of the research areas. Research and
Innovation Council shall, subject to the provisions of this Act, the Statutes,
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Regulations and the Rules, co-ordinate and exercise general supervision over the
Innovation and Research policies of the University.
(2) The Research and Innovation Council shall consist of the following,
namely:-
(i) The Vice-Chancellor - Chairperson
(ii) The Pro Vice Chancellor - Member
(iii) The Dean of Research - Secretary
(iv) Head of the Department of Innovation- Member
(v) Deans of all Faculties - Members; and
(vi) Such other members as may be specified in the Statutes.
27. The Finance Committee.- (1) The Finance Committee shall consist of
the following, namely:-
(i) The Chancellor or his Nominee- - Chairperson
(ii) The Vice-chancellor- Member
(iii)The Registrar - Member
(iv) The Finance Officer- Secretary
(v) One nominee of the Sponsoring Body- Member; and
(vi) Such other members as may be specified in the statutes.
<(2) The Finance Committee shall be the principal financial body of the University to
take care of financial matters and shall, subject to the provisions of this Act, Rules
and Statutes co-ordinate and exercise general supervision over the financial
matters of the University.
28. Other Authorities.- The constitution, powers and functions of the other
authorities of the University shall be such as may be specified by the statutes.
29. Disqualification for membership of an Authority or Body.- A
person shall be disqualified for being a member of any of the authorities of
bodies of the University, if he;
(a) is of unsound mind and stands so declared by a competent court;
(b) is an un discharged insolvent;
(c) has been convicted of any offence involving moral turpitude;
(d) is conducting or engaging himself in private coaching classes; or
(e) has been punished for indulging in or promoting unfair practice in the
conduct of any examination, in any form, anywhere.
(f) As and when the Sponsoring Body were to form an opinion in writing
that a Member of any of the authorities or bodies is unfit to hold the post.
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30. Proceedings not invalidated on account of vacancy.- No act or
proceedings of any authority of the University shall be invalid merely by reason of
the existence of any vacancy or defect in the constitution of the authority.
31. Provisions pertaining to Agenda Matters.- (1) No Agenda Matter shall
be either included in the Agenda for or taken up for discussion and decided in, the
meeting of the Board of Governors or the Board of Management or any Committees
without obtaining the prior written approval of the Chancellor.
(2) In the event of breach, the Chancellor shall be entitled at all time to
immediately take remedial action by reversing all decisions taken by any
functionary or body of the University in breach of the provisions of the Act and
consequent upon the pursuit of such a remedial action all such actions taken by
the functionary or body of the University in breach of the provisions of the Act shall
be deemed to be null and void, ab initio and consequently the status quo ante shall
prevail in respect of the matter or decision in breach.
CHAPTER-V
STATUTES AND REGULATIONS
32. Statutes.- Subject to the provisions of this Act, the Statutes may provide
for any matter relating to the University and staff, as given below, namely:-
(i) the procedure for transaction of business of the Authorities of the
University and the composition of bodies not specified in this Act;
(ii) Subject to section 51 the operation of the permanent statutory
endowment fund, University endowment fund, the general fund and the
development fund;
(iii) the terms and conditions of appointment of the Vice-Chancellor, the
Registrar and the Finance OfficerExcerpt shown. Open the full act in Lexace.