LexThe KARNATAKA STATE OPEN UNIVERSITY ACT, 1992
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THE KARNATAKA STATE OPEN UNIVERSITY ACT, 1992.
ARRANGEMENT OF SECTIONS.
Statement of Object and Reasons
Sections :
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
THE UNIVERSITY
3. Establishment and Incorporation of the University.
4. The objects of the University.
5. Powers of the University.
6. University open to all classes, castes and creeds.
CHAPTER III
OFFICERS OF THE UNIVERSITY
7. The Officers of the University.
8. The Chancellor.
9. The Pro-Chancellor.
10. The Vice-Chancellor.
11. The Registrar.
12. The Dean.
13. The Registrar of Examinations.
14. The Finance Officer.
15. The Director.
16. Other Officers.
CHAPTER IV
AUTHORITIES OF THE UNIVERSITY
17. Authorities of the University.
18. The Board of Management.
19. The Academic Council.
20. The Finance Committee.
21. Other Authorities.
CHAPTER V
STATUTES, ORDINANCES AND REGULATIONS
22. Statutes.
23. Statutes how made.
24. Ordinances.
25. Regulations.
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CHAPTER VI
FINANCE AND ACCOUNTS
26. Annual report.
27. Annual accounts, etc.
CHAPTER VII
CONDITIONS OF SERVICE OF EMPLOYEES
28. Conditions of service of employees.
29. Tribunal of Arbitration.
30. Provident and pension funds.
CHAPTER VIII
MISCELLANEOUS
31. Disputes as to the Constitution of the University authorities and bodies.
32. Filling of casual vacancies.
33. Acts and proceedings not invalidated, merely on the ground of defect in constitution,
vacancy, etc.
34. Protection of action taken in good faith.
35. Appointment of first Vice-Chancellor.
36. Appointment of the first Registrar.
37. Appointment of the first Finance Officer.
38. Transitory powers of the first Vice-Chancellor.
39. Power to amend the Schedule.
40. Power to remove difficulties.
41. Statutes, ordinances and regulations to be published in the official Gazette and to be laid
before the Legislature.
42. Continuation of Statutes, Ordinances etc.
FIRST SCHEDULE
SECOND SCHEDULE
Summary of Amendments
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STATEMENT OF OBJECTS AND REASONS
Act 46 of 1994 . - It is considered necessary to establish an Open University in the State for
the purpose of advancing and disseminating learning and knowledge by a diversity of means,
including the use of any communication technology, provide opportunities for higher education to a
larger segment of the population and to promote the educational well being of the community
generally and to encourage distance education system in the educational pattern of the State and to
co-ordinate and determine the standards of such systems.
Hence the Bill.
(Published in the Karnataka Gazette Part IV (Section 2A) Extraordinary No. 210, dated 31st
March, 1992 at page 339.)
II
Amending Act 16 of 2003. - The Karnataka State Open University was established on
1.6.1996 under the provisions of the Karnataka State Open University Act, 1992. Though there is no
specific provisions in the Act, Statutes, Ordinances and Regulations of the Mysore University were
adopted till the Statues, Ordinances and Regulations were issued undr the Karnataka State Open
University Act, 1992. Therefore, it is considered necessary to provide for continuation of Statues,
Ordinances and Regulations which were in force in the Mysore University established under the
Karnataka State University Act, 1976 (Karnataka Act 28 of 1976) and to validate the action taken
thereon.
Hence the Bill.
(Vide LA Bill NO. 17 of 2002 File No.SAMVYASHAE 56 SHASANA 2001)
III
Amending Act 28 of 2016. - It is considered necessary to amend the Karnataka State Open
Universities Act, 1992 (Karnataka Act 46 of 1994), to remove the provisions regarding opening of
centers outside the state of Karnataka by the U niversity as it contradicts the instructions issued by
University Grants Commission (UGC) regarding jurisdiction of universities and the provisions of Article
245 of the Constitution, which is reiterated by the Supreme Court in Prof. Yashpal Vs. State of
Chhattisgarh case.
Hence the Bill
[L.A. Bill No. 20 of 2016, File No. Samvyashae 03 Shasana 2012]
[entry 25 of List III of the Seventh Schedule to the Constitution of India.]
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KARNATAKA ACT No. 46 OF 1994
(First published in the Karnataka Gazette Extra-ordinary dated Eleventh day of November, 1994)
THE KARNATAKA STATE OPEN UNIVERSITY ACT, 1992
(Received the assent of the Governor on the Eighth day of November, 1994)
(As amended by 16 of 2003 and 28 of 2016)
An Act to establish and incorporate an Open University at the State level for the
introduction and promotion of Open University and distance education systems in the
educational pattern of the State and for the co -ordination and determination of standard of
such systems.
WHEREAS it is expedient t o establish an Open University for the purposes hereinafter
appearing ;
BE it enacted by the Karnataka State Legislature in the Forty-third Year of the Republic of
India as follows :-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement .- (1) This Act may be called the
Karnataka State Open University Act, 1992.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force on such 1[date]1 as the State Government may by
notification in the official Gazette, appoint.
1. Act came into force on 1.6.1996.
2. Definitions. - In this Act, and the statutes made hereunder, unless the context
otherwise requires ,-
(a) "Academic Council", means the Academic Council of the University;
(b) "Board of Management" means the Board of Management of the University;
(c) "college" means a college or other academic institution established or maintained
or admitted to the privileges of the University;
(d) "Distance Education System" means the system of imparting education through
any means of communication such as broadcasting, telecasting, instruction
media or print media, seminars, contact programmes or the combination of any
two or more of such means ;
(e) ''employee'' means any person appointed by the University and includes
academic and administrative staff of the University;
(f) ''Finance Committee'' means the Finance Committee of the University;
(g) "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 and for performing such other functions as may be conferred on such
centre by the Board of Management;
(h) "Regulations" means the Regulations made by any authorities of the University
under this Act for the time being in force ;
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(i) "Statutes and Ordinances" means, respectively, the Statutes and Ordinances of
the University for the time being in force ;
(j) "student" means a student of the University and includes any person who enrolled
himself for pursuing any course of study of the University;
(k) "Study Centre", means a centre established, maintained or for valuation and for
conducting the examination or recognised by the University for the purpose of
advising, councelling or for rendering any other assistance requi red by the
students;
(l) "teacher" means Professors, Readers, Lecturers and such other persons as may
be designated as such by the Ordinance for imparting instruction in the University
or for giving guidance or rendering assistance to students for pursuing any
course of study of the University;
(m) "University" means the Karnataka State Open University established under
section 3 of the Act;
(n) "Vice -Chancellor" and "Registrar" means respectively, the Vice -Chancellor and
the Registrar of the University.
CHAPTER II
THE UNIVERSITY
3. Establishment and incorporation of the University . - (1) There shall be
established a University by the name of the "the Karnataka State Open University".
(2) The head-quarters of the University shall be at such place as may be specified by the
Government by notification and it may establish, maintain or recognise colleges, Regional
Centres and study centres at such places in Karnataka 1[XXXX]1
(3) The first Chancellor, the first Registrar and the first members of the Board of
Management, the Academic Council and all persons who may hereafter become such
officers or members, so long as they continue to hold such offices or membership are hereby
constituted a body corporate by the name of the Karnataka State Open University.
(4) The University shall have perpetual succession and a common seal and shall sue and
be sued by the said name.
(5) The University shall be competent to acquire and hold property, both movable and
immovable to lease, sell or otherwise transfer any movable or immovable property which
may have become vested in or been acquired by it, for the purposes of the University and to
contract and to do all other things necessary for the purposes of this Act.
(6) In all suits and other legal proceedings by or against the University, the pleadings shall
be signed and verified by and all processes in such suit and proceedings shall be issued to
and be served on the Registrar.
1. omitted by Act 28 of 2016.w.e.f.12.08.2016.
4. The objects of the University .- The objects of the University shall be to advance
and disseminate learning and knowledge by a diversity of means, including the use of any
communication technology, to provide opportunities for higher education to a larger segment
of the population and to prom ote the educational well being of the community generally, to
encourage Open University distance education system in the educational pattern of the
State and to co -ordinate and determine the standards in such systems, and the University
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shall in organising its activities, have due regard to the objects specified in the First
Schedule.
5. Powers of the University . - (1) The University shall have the following powers
namely :-
(i) to provide for admission and for instruction in such branches of knowledge
including technology, vocations and professions as the University may determine from time
to time and to make provision for research;
(ii) to plan and prescribe courses of study for degrees, diplomas, certificates and for
research or any other purpose;
(iii) to hold examinations and confer degrees, diplomas, certificates or other
academic distinctions or recognitions including Ph.D on persons who have pursued a course
of study or conducted research in the manner laid down by the statutes and Ordinances ;
(iv) to confer honorary degrees or other distinctions in the manner laid down by the
Statutes;
(v) to determine the manner in which distance education in relation to the academic
programmes of the University may be organised;
(vi) to institute professorsh ips, readerships, lectureships and other academic
positions necessary for imparting instruction or for preparing educational material or for
conducting other academic activities, including guidance, designing and delivery of course
and evaluation of the work done by the students and to appoint persons to such
professorships, readerships, lectureships and other academic positions;
(vii) to co-operate with and seek the co-operation of other universities and institutions
of higher learning professional bodies and organisations for such purposes as the University
considers necessary;
(viii) to institute and award fellowships, scholarships, prizes and such other awards
for recognition of merit as the University may deem fit ;
(ix) to establish and maintain suc h Regional Centres as may be determined by the
University from time to time;
(x) to establish, maintain and recognise Study Centres in the manner laid down by
the statutes;
(xi) to provide for the preparation of instructional materials using multimedia
educational kits and other software;
(xii) to organise and conduct refresher course, work -shops, seminars and other
programmes for teachers, lesson writers, evaluators and other academic staff;
(xiii) to organise examinations of or periods of study (whet her in full or part) at, other
universities, institutions or other places of higher learning as equivalent to examinations or
periods of study in the University, and to withdraw such recognition at any time.
(xiv) to make provision for research and development in educational technology and
related matters;
(xv) to create administrative, ministerial and other necessary posts and to make
appointments thereto;
(xvi) to receive benefactions, donations and gifts and acquire, hold, maintain and
dispose of any property, movable or immovable, including trust and Government property,
for the purposes of the University;
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(xvii) to borrow, with the approval of the State Government, whether on the security
of the property of the University or otherwise, money for the purposes of the University;
(xviii) to enter into, carry out, vary or cancel contracts;
(xix) to demand and receive such fees and other charges as may be laid down by the
Ordinances;
(xx) to provide control and maintain discipline among the students and all categories
of employees and to lay down the conditions of service of such employees including their
codes of conduct ;
(xxi) to recognise any institution of higher learning or studies for such purposes as
the University may determine and to withdraw such recognition;
(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 recognize persons working in other universities, institutions or organisations
as teachers of the University on such terms and conditions as may be laid down by the
ordinances;
(xxiv) to determine standards and to specify conditions of the admission of students
to courses of study of the University which may include examination, evaluation and any
other method of testing;
(xxv) to make arrangements for the promotion of the general health and welfare of
the employees;
(xxvi) to confer autonomous status on a college or a Regional Centre in the manner
laid down by the statutes;
(xxvii) to admit to its privileges any college in Karnataka subject to such conditions as
may be laid down by the statues;
(xxviii) to do all such acts as may be necessary or incidental to the exercise of all or
any of the powers of the University as are necessary and conducive to the promotion of all or
any of the objects of the University.
(2) Notwithstanding anything contained in any other law for the time being in force,
but without prejudice to the provisions of sub-section (1), it shall be the duty of the University
to take all such steps as it may benefit for the promotion of open university and distance
education systems and for the determination of standards of teaching, evaluation and
research in such systems and for the purpose of performing this function the University shall
have such powers, including the power to allocate and disburse grants to colleges, whether
admitted to its privileges or not or to any other University or Institution of higher learning, as
may be specified by the Statutes;
6. University open to all classes, castes and creeds . - (1) 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 or impose on any person any test whatsoever of religious
belief or profession in order to entitle him to be appointed as a teacher of the University or to
hold any other office therein or admitted as a student in the university or to graduate thereat
or to enjoy or exercise any privilege thereof.
(2) Nothing in sub-section (1) shall be deemed to prevent the University from making any
special provision for the appointment or admission of women or of per son belonging to the
weaker section of the society and in particular of persons belonging to the Scheduled Castes
or Scheduled Tribes.
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CHAPTER III
OFFICERS OF THE UNIVERSITY
7. The officers of the University .- The following shall be the officers of the University:-
1) The Chancellor;
2) The Pro-Chancellor;
3) The Vice-Chancellor;
4) The Registrar;
5) The Dean (Academic);
6) The Registrar (Evaluation);
7) The Finance Officer;
8) The Director, Multi-media course material centre;
9) The Director (Computer);
10) Such other officers as may be declared by the Statutes to be the officers of
the University.;
8. The Chancellor. - (1) The Governor of Karnataka shall be the Chancellor of the
University.
(2) Subject to the provisions of sub- sections (3) and (4), the Chancellor shall have the
right to cause an inspection to be made by such person or persons as he may direct, of the
University, its buildings, laboratories and equipments, and of any college, Regional Centre, a
Study Centre and also of the examination, instruction and other work conducted or done by
the University and to cause an inquiry to be made in like manner in respect of any matter
connected with the administration and finance of the University.
(3) The Chancellor shall, in every case, give notice to the University of his intention to
cause an inspection or inquiry to be made and the University shall, on receipt of such notice,
have the right to make, within thirty days from the date of receipt of the n otice or such other
period as the Chancellor may determine, representations to him as it may consider
necessary.
(4) After considering the representations, if any, made by the University, the Chancellor
may cause to be made such inspection or inquiry as is referred to in sub-section (2).
(5) Where an inspection or inquiry has been caused to be made by the Chancellor the
University shall be entitled to appoint a representative who shall have the right to appear in
person and to be heard on such inspection or inquiry.
(6) The Chancellor may address the Vice -Chancellor with reference to the results of
inspection or inquiry together with such views and advice with regard to the action to be
taken thereon as the Chancellor may be pleased to offer and receipt of the address made by
the Chancellor, the Vice -Chancellor shall communicate forthwith to the Board of
Management the results of the inspection or inquiry and the views of the Chancellor and the
advice rendered by him upon the action to be taken thereon.
(7) The Board of Management shall communicate through the Vice -Chancellor to the
Chancellor such action, if any, as it proposes to take or has been taken by it upon the results
of such inspection or inquiry.
(8) Where the Board of Management does not within a reasonable time, take action to the
satisfaction of the Chancellor, the Chancellor may, after considering any explanation
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furnished or representation made by the Board of Management, issue such directions as he
may think fit and the Board of Management shall be bound to comply with such directions.
(9) Without prejudice to the foregoing provisions of this section, the Chancellor may, by
an order in writing annul any proceedings of the University which is not in conformity with
this Act, the statues or the Ordinances:
Provided that before making any such order, he shall call upon the University to show
cause why such an order should not be made and, if any cause is shown within a
reasonable time, he shall consider the same.
(10) The Chancellor shall have such other powers as may be specified by the statutes.
9. The Pro- Chancellor.- (1) The Minister -in-charge of Higher Education in Karnataka
shall, by virtue of his office be the Pro-Chancellor of the University.
(2) He shall have such powers and functions as may be prescribed by statutes.
10. The Vice-Chancellor .- (1) The Vice-Chancellor shall be appointed by the Chancellor
in such manner, for such term and on such emoluments and other conditions of service as
may be prescribed by the statues.
(2) T he Vice -Chancellor shall be the principal academic and executive officer of the
University, and shall exercise supervision and control over the affairs of the University and
give effect to the decisions of all the authorities of the University.
(3) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on
any matter, exercise any power conferred on any authority of the University by or under this
Act and shall report to such authority the action taken by him on such matter:
Provided that if the authority concerned is of the opinion that such action ought not to
have been taken, it may refer the matter to the Chancellor whose decision thereon shall be
final:
Provided further that any person in the service of the University who is aggrieved by the
action taken by the Vice- Chancellor under this sub- section shall have the right to appeal
against such action to the Board of Management within ninety days from the date on which
such action is communicated to him and thereupon the Boar d of management may confirm,
modify or reverse the action taken by the Vice-Chancellor.
(4) The Vice-Chancellor, if he is of the opinion that any decision of any authority is beyond
the powers of the authority conferred by the provisions of this Act, stat utes or Ordinances or
that any decision taken is not in the interest of the University, may ask the authority
concerned to review its decision within sixty days of such decision and if the authority
refuses to review its decision either in whole or in part or no decision is taken by it within the
said period of sixty days, the matter shall be referred to the Chancellor whose decision
thereon shall be final:
Provided that the decision of the authority concerned shall remain suspended during the
period of review of such decision by the authority or the Chancellor as the case may be,
under this sub-section.
(5) The Vice -Chancellor shall exercise such other powers and perform such other
functions as may be prescribed by the statutes and the ordinances.
11.The Registrar.- The Registrar shall be appointed in such manner, on such
emoluments and other conditions of service, and shall exercise such powers and perform
such functions, as may be prescribed by the statutes.
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12. The Dean.- Every Dean shall be appointed in such manner, on such emoluments and
other conditions of service and shall exercise such powers and perform such functions as
may be prescribed by the statutes.
13.The Registrar of Examinations. - (1) The Registrar of Examinations, shall be
appointed in such manner on such emoluments and other conditions of service and as may
be prescribed by the statutes.
(2) The Registrar of Examination shall exercise such powers and perform such functions
as may be prescribed by the statutes.
14.The Finance Officer. - The Finance Officer shall be appointed in such manner, on
such emoluments and other conditions of service and shall exercise such powers and
perform such functions as may be prescribed by the Statutes.
15.The Director. - Every Director shall be appointed in such manner, on such
emoluments and other conditions of service and shall exercise such powers and perform
such functions as may be prescribed by the statutes.
16. Other Officers.- The manner of appointment, emoluments, other conditions of service
and powers and duties of the other officers of the University shall be prescribed by the
statutes.
CHAPTER IV
AUTHORITIES OF THE UNIVERSITY
17. Authorities of the University. - The following shall be the authorities of the
University:-
(1) the Board of Management;
(2) the Academic Council;
(3) the Finance Committee; and
(4) such other authorities as may be declared by the statutes to be the authorities of
the University;
18. The Board of Management. - (1) The Board of Management shall be the principal
executive body of the University, consisting of the following members :-
(1) the Vice-Chancellor;
(2) the Registrar;
(3) the Secretary in charge of Higher Education, Government of Karnataka;
(4) the Secretary to Finance Department;
(5) a Vice-Chancellor of the Universities in the State of Karnataka nominated by the
pro-chancellor by rotation for such period as may be specified;
(6) the Dean (Academic);
(7) five distinguished persons from the educational, scientific and administrative fields
to be nominated by the Pro-Chancellor:
Provided that from amongst the nominated persons under this clause, one shall be a
person belonging to Scheduled Castes and Scheduled Tribes and two shall be women;
(8) two Members of the Karnataka Legislative Assembly elected from among themselves;
(9) two Members of the Karnataka Legislative Council elected from among themselves.
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(2) The Board of Management shall have the powers,-
(i) to manage and administer the properties and revenues of the University;
(ii) to conduct all administrative affairs and shall exercise ,-
(a) such other powers of the University as may be necessary, incidental or
conducive to the fulfillment of the objectives of the University; and
(b) such other powers as may be prescribed by the statutes.
19. The Academic Council . - (1) The Academic Council shall consist of the following
members ,-
(i) the Vice-Chancellor;
(ii) the Registrar;
(iii) the Dean (Academic);
(iv) the Dean (Administration);
(v) the Dean (Study Centres);
(vi) other Dean (if any); and
(vii) such other officers of the University as the Academic Council may consider
necessary to co-opt as members.
(2) The Academic Council shall be the principal academic body of the University and
shall, subject to the provisions of this Act, the Statutes and Ordinances, have the control and
general regulation of and be responsible for the maintenance of standards of learning,
education, instruction, evaluation and examination within the University and shall exercise
such other powers and perform such other functions as may be conferred or imposed upon it
by the statutes.
20. The Finance Committee . -(1) The Board of Management shall constitute a Finance
Committee consisting of not more than five members as follows :-
(1) the Vice-Chancellor, ex-officio Chairman;
(2) the Secretary, Finance Department or his nominee;
(3) the Secretary, Education Department or his nominee;
(4) two members nominated from among the members of the Board of Management
by the Board of Management;
(5) the Finance Officer, ex-officio Member Secretary.
(2) The Registrar shall be a permanent invitee to Finance Committee.
(3) The powers and functions of the Finance Committee shall be as follows:-
(i) scrutinize the annual budget estimates and make its recommendations to the
Board of Management;
(ii) conduct general examination of the accounts of the University and consider the
audit reports and make its recommendations thereon;
(iii) examine all proposals of the University involving expenditure for which no
provision has been made in the budget or involving expenditure in excess of the
amount provided for in the budget; and
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(iv) such other functions as may be prescribed by the statutes;
21. Other Authorities . - The constitution, powers and functions of the other authorities
which may be declared by the statutes to be authorities of the University shall be as may be
prescribed by the statutes.
CHAPTER V
STATUTES, ORDINANCES AND REGULATIONS
22. Statutes .- Subject to the provisions of this Act, the statutes may provide for all or any
of the following matters namely :-
(a) the manner of appointment of the Vice-Chancellor or the term of his appointment,
the emoluments and other conditions of his service and the powers and functions that may
be exercised and performed by him;
(b) the manner of appointment of Registrar, Registrar of Examination, the Finance
Officer and other officers, the emoluments and other conditions of their service and the
powers and functions that may be exercised and performed by each of the officers;
(c) the terms of office of the members of the authorities, their daily and travelling
allowances and the powers and functions that may be exercised and performed by su ch
authorities;
(d) the appointment of teachers and other employees of the University, their
emoluments and their conditions of service;
(e) the constitution of a pension or provident fund and the establishment of an
insurance scheme for the benefit of the employees of the University;
(f) the principles covering the seniority of service of employees of the University;
(g) the procedure in relation to any appeal or application for review by any employee
or student of the University against the action of any officer or authority of the University,
including the time within which such appeal or application for review shall be preferred or
made;
(h) the procedure for the settlement of disputes between the employees or students
of the University, and the University;
(i) the conferment of autonomous status on colleges and Study Centres;
(j) the allocation and disbursement of grants to colleges and institutions;
(k) the conditions that are required to be fulfilled for admission of the colleges to the
privileges of the University;
(l) all other matters which by this Act are to be, or may be provided for by the
statutes.
23. Statutes how made .- (1) The first statutes are those set out in the Second Schedule.
(2) The Board of management may, from time to time, make new or additional statutes or
may amend or repeal the statutes referred to in sub-section (1):
Provided that the Board of Management shall not make, amend or repeal any statutes
affecting status, powers or constitution of any authority of the University until such authority
has been given a reasonable opportunity to express its opinion in writing on the proposed
changes and any opinion so expressed has been considered by the Board of Management.
(3) Every new statute or addition to the statutes or any amendment or repeal thereof shall
require the approval of the Chancellor, who may assent thereto or withhold assent or remit to
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the Board of Management for reconsideration in the light of the observation, if any, made by
him.
(4) A new Statute or a Statute amending or repealing an existing statute shall not be valid
unless it has been assented to by the Chancellor.
(5) Not withstanding anything contained in the foregoing sub- sections, the Chancellor
may make new or additional statutes or amend or repeal the Statutes referred to in sub-
section (1) during the period of three years immediately after the commencement of this Act.
(6) Notwithstanding anything contained in the foregoing sub- section, the Chancellor may
direct the University to make provisions in the statutes in respect of any matter specified by
him and if the Board of Management is unable to implement such a direction within sixty
days of its receipt the Chancellor may, after considering the reasons, if any, communicated
by the Board of Management for its inability to comply with such direction, make or amend
the Statutes suitably.
24. Ordinances. - (1) Subject to the provisions of this Act and the Statutes, the
Ordinances may provide for all or any of the following matters, namely:-
(a) the admission of students, the courses of study and the fees therefor, the
qualifications pertaining to degrees, diplomas, certificates and other courses, the conditions
for the grant of fellowship, awards and the like;
(b) the conduct of examinations, including the terms and conditions and appointment
of examiners;
(c) the management of colleges admitted to the privileges of the University; and
(d) any other matter which by this Act or the Statutes is to be, or may be, provided for
by the Ordinances.
(2) The first Ordinances shall be made by the Chancellor with the previous approval
of the State Government and the Ordinances so made may be amended, repealed or added
to at any time by the Board of Management in the manner prescribed by the statutes.
25. Regulations .- The authorities of the University may make regulations consistent with
this Act, the Statutes and the Ordinances for the conduct of their own business and that of
the committees, if any, appointed by them and not provided for by this Act, the S tatutes or
the Ordinances.
CHAPTER VI
FINANCE AND ACCOUNTS
26. Annual report . - (1) The annual report of the University shall be prepared under the
directions of the Board of Management which shall include among other matters, the steps
taken by the University towards the fulfillments of its objects.
(2) The annual report so prepared shall be submitted to the Chancellor on or before such
date as may be prescribed by the Statutes.
(3) A copy of the annual report, so prepared under sub- section (1) shall, also be
submitted to the State Government which shall as soon as may be, cause the same to be
laid before both the Houses of the Legislature.
27. Annual accounts, etc . - (1) The annual accounts and the balance sheets of the
University shall be prepared under the directions of the Board of Management and shall
once at least every, and at intervals of not more than, fifteen months be audited by the
Controller of State Accounts or such person as may be authorised in this behalf.
(2) A copy of the accounts t ogether with the audit report shall be submitted to the
Chancellor along with the observations, if any, of the Board of Management.
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(3) Any observation made by the Chancellor on the annual accounts shall be brought to
notice of the Board of Management and the views of the Board of Management, if any, on
such observations shall be submitted to the Chancellor.
(4) A copy of the accounts together with the audit report, as submitted to the Chancellor
shall also be submitted to the State Government, which shal l as soon as may be, cause the
same to be laid before both the Houses of the Legislature at their next earliest session.
(5) The audited annual accounts after having been laid before both the Houses of the
Legislature shall be published in the official Gazette.
CHAPTER VII
CONDITIONS OF SERVICE OF EMPLOYEES
28. Conditions of service of employees. - (1) Every employee of University shall be
appointed under a written contract and such contract shall not be inconsistent with the
provisions of this Act, the Statutes and the Ordinances.
(2) The contract referred to in sub -section (1) shall be lodged with the University and a
copy of which shall be furnished to the employee concerned.
29. Tribunal of Arbitration . - (1) Any dispute arising out of a contract of employment
referred to in section 28 between the University and an employee shall, at the request of
either party, be referred to a Tribunal of Arbitration which shall consist of one member
nominated, by the Board of Management, one member nominated by the employee
concerned and an umpire to be nominated by the Chancellor.
(2) Every such reference shall be deemed to be a submission to arbitration upon the
terms of this section within the meaning of the Arbitration Act, 1940 (2 of 1940) and all the
provisions of that Act, with the exception of section 2 thereof shall apply accordingly.
(3) The procedure for regulating the work of the Tribunal of Arbitration shall be prescribed
by the statutes.
(4) The decision of the Tribunal of Arbitration shall be final and binding on the parties, and
no suit shall lie in any court in respect of the matters decided by the Tribunal.
30. Provident and pension funds . - (1) The University shall constitute for the benefit of
the employees such provident or pension fund or provide such Insurance schemes as it may
deem fit in such manner and subject to such conditions as may be prescribed by the
statutes.
(2) Where such provident or pension fund has been so constituted, the State Government
may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925), shall apply to
such funds, as if it were a Government Provident Fund.
CHAPTER VIII
MISCELLANEOUS
31. Disputes as to the Constitution of the University authorities and bodies . - If any
question arises as to whether any person has been duly elected or appointed as, or is
entitled to be a member of any authority or other body of the University, the matter shall be
referred to the Chancellor whose decision thereon shall be final.
32. Filling of casual vacancies . - All the casual vacancies among the members (other
than ex-officio members) of any authority or other body of the University shall be filled, as
soon as may be convenient, by the person or body who appoints, elects or co -opts the
member whose place has become vacant and any person appointed, elected or co -opted to
a casual vacancy shall be a member of such authority or body for the residue of the term for
which the person whose place he fills would have been a member.
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33. Acts and proceedings not invalidated , merely on the ground of defect in
constitution, vacancy, etc . - Notwithstanding that the Board of Management or the
Academic Council or any authority or body or the University is not duly constituted or there is
defect in its constitution or reconstituti on at any time and notwithstanding that there is a
vacancy in the membership of any such authority or body, no act or proceeding of such
authority or body shall be invalidated merely on any such ground or grounds.
34. Protection of action taken in good fai th .- No suit or other legal proceedings shall
lie against any officer or employee of the University for anything which is in good faith done
or intended to be done in pursuance of any of the provisions of this Act or the statutes or the
Ordinances.
35. Appointment of first Vice-Chancellor .- Notwithstanding anything contained in sub-
section (1) of section 10 within six months from the date on which this Act comes into force,
the first Vice-Chancellor shall be appointed by the Government on a salary to be fixed by it
for a period not exceeding three years and on such other conditions as it thinks fit:
Provided that the person appointed as first Vice -Chancellor shall retire from office if
during the term of his office, he completes the age of sixty five years.
36. Appointment of the first Registrar . - Notwithstanding anything contained in section
11, within six months from the date on which this Act comes into force the first Registrar
shall be appointed by the Government on a salary to be fixed by it, for a period not
exceeding three years and on such other conditions as it thinks fit:
Provided that the person appointed as first Registrar shall retire from office, if during the
term of his office, he completes the age of fifty-eight years.
37. Appointment of the first Finance Officer . - Notwithstanding anything contained in
section 14 within six months from the date on which this Act comes into force the first
Finance Officer shall be appointed by the Government on a salary to be fixed by it for a
period not exceeding three years and on such other conditions as it thinks fit.
38. Transitory powers of the first Vice -Chancellor .- (1) It shall be the duty of the first
Vice-Chancellor to make arrangements for constituting the Board of Management, the
Academic Council and such other authorities of the University within six months of the
notified date or such longer period not exceeding one year as the Government may by
notification direct.
(2) The first Vice -Chancellor shall in consultation with the Government make such rules
as may be necessary for the functioning of the University.
(3) The authorities constituted under sub -section (1) shall commence to exercise their
functions on such date as the Government may, by notification, specify in this behalf.
(4) It shall be the duty of the first Vice -Chancellor to draft such statutes as may be
necessary and submit them to the Board of Management for their approval. Such statutes
when framed shall be published in the Karnataka Gazette.
(5) Notwithstanding anything contained in this Act and the statutes and until such time an
authority is duly constituted, the first Vice -Chancellor may appoint any officer or constitute
any committee temporarily to exercise and perform any of the powers and duties of such
authority under this Act and the Statutes.
39. Power to amend the Schedule .- The Government may, by notification, alter, amend
or add any Statues to the Schedule and upon the issue of such notification, the Schedule
shall be deemed to be amended accordingly.
40. Power to remove difficulties .- (1) If any difficulty arises as to the first constitution or
reconstitution of any authority of the University after the notified date or otherwise on giving
16
effect to the provisions of this Act, the Government may by notifica tion, make such provision
not inconsistent with the provisions of this Act as may appear to it to be necessary or
expedient for removing the difficulty:
Provided that no such notification shall be issued after the expiry of five years from the
date of establishment of the University under section 3.
(2) Every notification issued under sub- section (1) or under any other provisions of this
Act shall be laid as soon as may be after it is issued, before each House of the State
Legislature while it is in sessi on for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if before the expiry of the said
period, either House of the state legislature makes any modification in any notification or
directs that any notification shall not have effect, and if the modification or direction is agreed
to by the other House, such notification shall thereafter have effect only in such modified
form or be of no effect, as the case may be, so, however, that any such modif ication or
annulment shall be without prejudice to the validity of anything previously done under that
notification.
41. Statutes, Ordinances and Regulations to be published in the official Gazette
and to be laid before the Legislature . - (1) Every statut e, Ordinance or Regulation made
under this Act shall be published in the official Gazette.
(2) Every statute, ordinance or regulation made under this Act shall be laid, as soon as
may be after it is made, before each House of Legislature, while it is in s ession, for a total
period of thirty days which may be comprised in one session or in two or more successive
sessions and if, before the expiry of the session immediately following the session or
successive sessions aforesaid, both Houses agree in making any modification in the Statute,
ordinance or Regulation or both Houses agree that the statute, ordinance or regulation
should not be made, the Statute, Ordinance or Regulation shall thereafter have effect only in
such modified form or be of no effect, as t he case may be so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously
done under that statute, Ordinance or Regulation.
1
[42. Continuation of Statutes, Ordinances etc. - Until Statutes, Ordina nces and
Regulations are made under sections 23, 24 and 25 of this Act, the Statutes, Ordinances,
Regulations and Rules of the Mysore University established under the Karnataka State
Universities Act, 1976 (Karnataka Act 28 of 1976) regulating the affairs of the Institute of
correspondence courses and continuing education, Mysore and in force immediately before
the commencement of this Act shall, subject to such adaptations or modifications, as may be
made therein by the Vice-chancellor with the approval of the chancellor obtained through the
Government, in so far as they are not inconsistent with the provisions of this Act, be deemed
to be Statutes, Ordinances and Regulations made under the appropriate provisions of this
Act and shall continue to be in forc e unless and until superseded by anything done or any
action taken under this Act]1
1. Inserted by Act 16 of 2003 w.e.f. 7.4.2003.
THE FIRST SCHEDULE
(See section 4)
The objects of the University
1. The University shall endeavour through education, res earch, training and extension to
play a positive role in the development of the country, and based on the rich heritage of the
country, to promote and advance the culture of the people of Karnataka and the human
resources. Towards this end it shaExcerpt shown. Open the full act in Lexace.