LexThe VISVESVARAYA TECHNOLOGICAL UNIVERSITY ACT, 1994
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THE VISVESVARAYA TECHONOLOGICAL UNIVERSITY ACT, 1994
ARRANGEMENT OF SECTIONS
1.
Statement of Objects and Reasons:
Sections:
CHAPTER I
PRELIMINARY
2.
Short title and commencement.
CHAPTER II
Definitions.
THE UNIVERSITY
3.
4.
Establishment and incorporation of the University.
5.
Jurisdiction and admission to privileges.
CHAPTER III
OBJECTIVES OF THE UNIVERSITY
6.
Objectives of the University.
7.
Admission to the University.
CHAPTER IV
8.
Powers and functions of the University.
9.
Additional functions.
9A.
Accountability of the University.
10.
Power to annul the orders of the University
CHAPTER V
OFFICERS OF THE UNIVERSITY
11.
Officers of the University.
12.
The Chancellor.
13.
The Pro-Chancellor.
14.
The Vice-Chancellor.
15.
Powers and duties of the Vice-Chancellor.
16.
Registrar.
17.
Registrar (Evaluation).
18.
Finance Officer.
19.
Directors of regional offices.
CHAPTER VI
AUTHORITIES OF THE UNIVERSITY
20.
Authorities of the University.
Powers and functions of the Executive Council.
2
21.
22.
The Academic Senate.
23.
Constitution of the Academic Senate.
CHAPTER VII
FINANCE AND ACCOUNTS
24.
Funds of the University.
25.
Finance committee.
26.
Annual report.
27.
Power of Government to order auditing.
28.
Financial estimates.
29.
Accounts and auditing.
CHAPTER VIII
STUTUTES, ORDINANCES AND REGULATIONS AND RULES
30.
Statutes.
31.
Statutes, how made.
32.
Ordinances.
33.
Regulations.
34.
Rules.
CHAPTER IX
APPOINTMENT OF DIRECTORS, TEACHERS AND OTHER SERVANTS OF THE
UNIVERSITY
35.
Appointment of Directors and Teachers.
36.
Appointment of other non-ministerial staff.
37.
Appointment of ministerial staff.
38.
Appointment of other categories of staff.
39.
Promotional posts.
40.
Conditions of service.
CHAPTER X
AFFILIATION OF COLLEGES AND RECOGNITION OF INSTITUTIONS.
41.
Affiliation of colleges.
42.
Recognition of certain institutions.
43.
Inspection of colleges and reporting.
43A.
Withdrawal of affiliation.
Autonomous College
CHAPTER XI
TRANSITORY PROVISIONS.
44.
45.
Transitory provisions.
46.
Continuance of Statutes, Ordinances etc.
47.
Savings as to certain examinations.
CHAPTER XII
MISCELLANEOUS.
Vacating of office.
3
48.
48A.
Filling up of casual vacancies.
Dissolution or winding up of the university
49.
50.
Saving of validity of acts and proceedings.
51.
Disputes as to Constitution of University authorities.
52.
Delegation of powers.
University.
Provisions for temporary appointment of certain officers of the
53. Protection of acts and orders.
54. Act to prevail over other enactments.
55. Removal of difficulties.
NOTIFICATION
* * * *
STATEMENT OF OBJECTS AND REASONS
I
Act 39 of 1994. - It is considered necessary to establish and incorporate an
university for the purpose of ensuring proper and systematic instruction, teaching,
training and reserach in development of Engineering, Techonology and alied Science
in the State.
Hence this Bill.
( Obtained from L.A. Bill No 26 of 1994)
II
Amending Act of 23 of 1999: - The University Visveswar aiah College of
Engineering, Bangalore and University B.D.T. College of Engineering, Davanagere, are
maintained and administered by the Bangalore University and Kuvempu University
respectively. It is considered necessary that they continue to be maintained and
administered by the said Universities. Therefore a specific provision is made in the
Visveswaraiah Technological Universities Act, 1994. Since the Karnataka Regional
Engineering College, Surathkal is proposed to the assigned the status of Deemed
University, it si considered necessary to discontinue its affiliation to the Visveswaraiah
Technological University and to affiliate to the Mangalore University.
Hence the Bill.
(Obtained from the L.C. Bill No. 3 of 1999 File No. SAMVYASHAE 27 SHASANA 99).
III
Amending Act 10 of 2006: -
All the Engineering colleges in the State of
Karnataka were governed under the Karnataka State Universities Act, 1976 till the
Visveswaraiah Technological University Act, 1994 came into effect on 17 th October,
1994. These eng ineering colleges are conducting undergraduate and postgraduate
courses as well as research in engineering, technology and allied sciences.
The Visveswaraiah Technological University Act does not contain any provision
for according autonomous status to t he colleges affiliated to Visveswaraiah
4
Technological University unlike the Karnataka State University Act, 2000 where
according to section 64, the University may, with prior concurrence of the State
Government, designate for such period as may be specified, an affiliated college,
department or units as an Autonomous College for any course of study, after following
the procedure and subject to such conditions as may be specified in the statutes made
in this behalf and with a view to improve the quality of education and to introduce new
and relevant courses of study. A similar provision is required to be incorporated in the
Visveswaraiah Technological University Act so that good institutions may be given the
freedom to frame their own courses and curriculum and improve the academic
standards of the institutions. The World Bank also insists that educational institutions
selected for World Bank projects should be given autonomy.
Hence the Bill.
[L.A.Bill No.3 of 2006]
[Entries 25 of List III of the Seventh Schedule to the Constitution of India.]
IV
Amending Act 22 of 2014: - It is considered necessary to amend the
Visvesvaraya Technological University Act, 1994 (Karnataka Act 39 of 1994) to
provide the provisions to maintain disciplinary and controlling measures against erring
Vice-Chancellors and other staff of University.
Hence, the Bill.
[L.C. Bill No.07 of 2011, File No. Samvyashae 23 Shasana 2011]
[entry 25 of List III of the Seventh Schedule to the Constitution of India.]
V
Amending Act 36 of 2015. - It is considered necessary to amend the
Visveswaraiah Technological University Act, 1994 (Karnataka Act 39 of 1994), to
enable the university to get the benefits of Income Tax exemptions under section 12A
of Income Tax Act, 1961.
Hence, the Bill.
[L.A. Bill No.30 of 2015, File No. Samvyashae 39 Shasana 2015]
[
entry 25 of List III of the Seventh Schedule to the Constitution of India.]
5
KARNATAKA ACT NO. 39 OF 1994
(First published in the Karnataka Gazette Extraordinary dated Tenth day of October,
1994).
THE 1[VISVESVARAYA]1 TECHNOLOGICAL UNIVERSITY ACT, 1994.
(Received the assent of Governor on the Seventh day of October, 1994).
(As amended by Act 23 of 1999, 10 of 2006, 22 of 2014 and 36 of 2015)
An Act to establish and incorporate a University in t he State of Karnataka for
the development of Engineering, Technology and allied Sciences.
WHEREAS it is expedient to establish and incorporate a University for the purpose
of ensuring proper and systematic instruction, teaching, training and research in
development of Engineering, Technology, and allied Sciences in the State of Karnataka
and matters connected therewith:
BE it enacted by the Karnataka State Legislature in the forty fifth Year of the
Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title and commencement. - (1) This Act may be called the
1[Visvesvaraya]1 Technological University Act, 1994.
(2) It shall come into force on such 2[date]2as the State Government may by notification
in the Official Gazette appoints.
1. Substituted by Act 10 of 2006 w.e.f. 2.5.2006.
2. The Act has come into force on 01.04.1998 by notification. The text of the
notification is at the end of the Act.
2. Definitions.- In this Act unless the context otherwise requires,-
(1) 'appointed day' means such day as the Government may by notification appoint
under sub-section (2) of section 1;
(2) 'constituent college' means an institution maintained by the University as such
and includes an Institution admitted to the privileges of the University as an affiliated
college of the University in accordance with the provisions of this Act;
(3) 'Council' means the Executive Council of the University;
(4) 'Director' means the head of the organisational division such as,
(i) curriculum design and development division, (ii) technology generation,
development and transfer including industrial liaison division, (iii) institution evaluation
division, (iv) faculty development division (v) research and extension division (vi)
continuing education division, or any other division created by the University for
performing specified functions;
(5) 'Government' means the State Government;
(6) 'hostel ' means a unit of residence for the students of the University maintained
or recognised by the University in accordance with the provisions of this Act;
(7) 'prescribed' means prescribed by the Statutes, Ordinances, Regulations or
Rules made under this Act;
(8) 'Principal' means the head of the college or an institution;
6
(9) 'Statutes' 'Ordinances' 'Regulations' and 'Rules' means respectively the
Statutes, Ordinances, Regulations and Rules made under this Act;
(10) 'student' of the University means a person enrolled in the University or through
a constituent college of the University for undergoing a course of study for a degree,
diploma or other academic distinction duly instituted;
(11) 'Senate' means Academic Senate of the University;
(12) 'teachers' include Professors, Readers, Assistant Professors, Lecturers and
such other persons imparting instruction in the Universi ty or in any college declared as
such by the Statutes;
(13) 'University; means the 1[Visvesvaraya]1 Technological University established
under section 3 of this Act;
(14) 'University Areas' means the area under the jurisdiction of the University.
1. Substituted by Act 10 of 2006 w.e.f. 2.5.2006.
CHAPTER II
THE UNIVERSITY
3. Establishment and incorporation of the University. - (1) There shall be
established a University by the name of 1[Visvesvaraya]1 Technological University with
jurisdiction over the whole of the State of Karnataka.
1. Substituted by Act 10 of 2006 w.e.f. 2.5.2006.
(2) The University shall be a body corporate by the name specified in sub- section
(1) and shall have perpetual succession and a common seal. It shall have power to
acquire, hold and dispose of property, both movable and immovable, and shall sue and
be sued by the said name.
(3) In all suits and other legal proceedings by or against the University, the
pleadings shall be signed and verified by the Registrar and all proces ses in such suits
and proceedings shall be issued to and served on the Registrar.
(4) The headquarters of the University shall be at Belgaum and it may establish
additional campuses at such other places with the prior approval of the Government
within the State as it may deem fit and appropriate.
4. Jurisdiction and admission to privileges. - (1) No college in the State of
Karnataka imparting education in Engineering, Technology shall, save with the consent
of the University and the sanction of the Government, be associated in any way with or
seek admission to any privileges of any other university in India or abroad.
(2) Any such privilege enjoyed from other university before the appointed date by
any Engineering College or Institution of Technology situated in the State shall be
deemed to be withdrawn with effect from such date.
(3) With effect on and from the date of commencement of this Act, all colleges and
autonomous institutions of Engineering and Technology previously admitted to the
privileges of or affiliated to the Universities of Mysore, Bangalore, Karnataka,
Mangalore, Gulbarga and Kuvempu shall be deemed to be admitted to the privileges or
affiliated to the University.
1[(4) Notwithstanding anything contained in this Act or the Karnataka Stat e
Universities Act, 1976, the affiliation of the Karnataka Regional Engineering College,
Surathkal, to the University, with effect from such 2[date]2 as the Government may by
notification specify, shall discontinue and shall be deemed to have been affiliated to the
7
Mangalore University from the said date and be governed by the provisions of the
Karnataka State Universities Act, 1976.]1
1. Inserted by Act 23 of 1999 w.e.f. 01.09.1999 by notification. Text of
the notification is at the end of the Act.
2. Date specified by notification is 1.9.1999. Text of notification is at the
end of the Act.
CHAPTER III
OBJECTIVES OF THE UNIVERSITY
5. Objectives of the University. - The University shall have the following
objectives, namely:-
(1) to supply the required manpower of appropriate kind and quality to meet the
needs of society and national development plans;
(2) to advance frontiers of knowledge by research, innovation, invention and
product improvement;
(3) to develop in the youth a sensitivity to environment and to inculcate a
consciousness of the real problems and social needs;
(4) to derive benefits from the ever growing scientific and technological knowledge
in different parts of the world;
(5) to formulate general goals and responsibilities of technological education in the
service of man and the nation;
(6) to develop good entrepreneurial abilities among the youth;
(7) to contribute to smooth and effective transfer of technology to the agencies that
require them in the community; and
(8) to affiliate all Technical Education Institutions excluding Polytechnics, ITSs and
ITCs.
1[(9) undertake necessary or expedient action to pursue and promote the objectives
of the university as a non-profit organization.]1
1. Inserted bye Act 36 of 2015 w.e.f 01.04.1998
6. Admission to the University. - (1) Admission to the University shall, subject to
the provisions of this Act and statutes, be open to all persons:
Provided that nothing in this section shall require, the University to admit to any cours e
of study students larger in number than or with academic or other qualifications lower
than those prescribed.
(2) Subject to the proviso to sub-section (1), the Government may direct that the
University shall reserve in its constituent colleges seats fo r Scheduled Caste and
Scheduled Tribe and such socially and educationally backward classes of citizens,
children and wards of the defence personnel, ex -servicemen, sportsmen, N.C.C,
Scouts etc. as may be declared by the State Government in this behalf and where such
direction has been given the University and its constituent colleges shall make
reservations accordingly.
CHAPTER IV
8
FUNCTIONS OF THE UNIVERSITY
7. Powers and functions of the University. - Subject to the provisions of this Act
and such condit ions as may be prescribed by the Statutes and the Ordinances, the
University shall have the following powers, namely:-
(1) to promote continuous experimentation and innovation in the instructional
system and strategies for instructional development;
(2) to promote curriculum design to respond to short and long term needs of the
user system by building into it the appropriate quantum of knowledge in engineering,
technology and allied sciences;
(3) to stimulate continuous faculty development by creating sc hemes of
sponsorship to acquire higher qualifications, to provide liberally for research, to permit
product development, consultancy and other activities which will highten their
professional competencies;
(4) to provide necessary direction and guidance t o the constituent units to bring
about a close co-ordination of activities among themselves;
(5) to assume accountability to the society and the nation in the generation of
technical man-power of proper quality and standard and help to inculcate professional
ethics in the products of the colleges;
(6) to cause the institutions to identify themselves with the regions in which they are
located and participate in their developmental activities by transferring necessary
technology and play an effective role to bring about desirable changes;
(7) to serve as a centre for generation and exchange of ideas among institutions,
research organisations and the Government so as to promote entrepreneurial efforts
among the graduates and to assist them through expertise available in the institutions;
(8) to endeavour to raise resources from users, benefactors and other
organizations within the country and outside to promote research and development
through grants and to institute scholarships, prizes, medals and special lectures
through endowments, donations etc;
(9) to help devising schemes for effective continuous evaluation of students
performance to ensure uniformity and promote students, trust in the system;
(10) to endeavour to promote smooth functioning of the co lleges by creating proper
environment and harmonious relationship among the faculty, student community and
society;
(11) to develop, promote and organise continuing education system in co-ordination
and with co-operation of the constituent units;
(12) to supplement instructional and other resources of the constituent colleges
which fall below the requirements and assist in remedying the deficiencies where
necessary.
8. Additional functions. - In addition the University will also perform the following
functions with respect to its constituent colleges namely:-
(1) designing courses of study to be conducted leading to award of degrees of the
University and conferring them;
(2) prescribing admission requirements of students for various courses;
(3) determining tuition and other fees;
9
(4) designing examination and evaluation systems and implementing them for the
constituent colleges;
(5) laying down standards of instructional facilities to be provided and enforcing
measures of compliance;
(6) laying down qualifications for teaching faculty and other employees and
prescribing selection procedures;
(7) laying down terms and conditions of service of the teaching faculty and other
employees of the University and constituent colleges;
(8) creating teaching, r esearch and administrative posts and appointing of persons
to such posts;
(9) establishing and maintaining laboratories, workshops, libraries, research
stations and museum for teaching and research;
(10) promoting institutional autonomy with sufficient safeguards to enable the
constituent colleges to continuously build upon their strengths and attain higher levels
of academic achievement;
(11) establishing watch- dog mechanisms and measures for overseeing the
performance of constituent colleges in respec t of courses of study, teaching and
student evaluation;
(12) promotion of institutional internal system of evaluation with sufficient checks
and balances;
(13) establishing and maintaining hostels for students and residential
accommodation for the staff of the University;
(14) instituting and awarding fellowships, scholarships, prizes and medals;
(15) conferring honorary degrees and other distinctions in the prescribed manner;
(16) assessing the needs of the State and the Country in fields of specialis ation,
levels of education and training both for short and long term needs and initiating
necessary programmes of study;
(17) strengthening the efforts to promote entrepreneurial ventures among the
students;
(18) securing continuous feed-back from the user system by establishing a suitable
mechanism in the divisions of the University;
(19) acting as the overall trustee and manager of all properties, legacies, bequests,
endowments and gifts made for the purpose of promotion of education and research or
otherwise for furtherance of work and welfare of the University and invest funds
representing the above suitably in accordance with the provisions of the Act;
(20) doing all such acts and things whether incidental to the aforesaid powers or not
which may be required in order to further the objectives and functions of the university.
9. Accountability of the University.- (1) If at any time the State Government is of
opinion that in any matter the affairs of the University are not managed in the
furtherance of the objectives of the University or in accordance with the provisions of
this Act and the Statutes and Regulations or that special measures are desirable to
maintain the standards of University, teaching, examination or research, it may indicate
to any matter in regard to which it desires the explanation and call upon the Executive
10
Council to offer such explanation within such time as may be specified by the State
Government. If it fails to offer any explanation within the time specified or offers an
explanation which in the opinion of the State Government is unsatisfactory, the State
Government with the concurrence of the Chancellor may issue such instructions as
appear to it to be necessary and desirable in the circumstances of the case, and may
exercise such powers as may be necessary for giving effect to those instructions.
(2) Executive Council shall furnish such information relating to the administration of
the University as the State Government may require.
1[(3) The State Government may, appoint a Special Officer or Commission of
Enquiry consisting of one or more persons to enquire into any specific allegations
against any employee of the University in respect of any matter connected with or
ancillary thereto and also in respect of any irregulariti es, including construction of
buildings, laboratories, libraries, museums, workshops and equipments of any
institution maintained, administered, recognised or approved, by the University and
also of the irregularities in connection with the examinations, t eaching and evaluation
and other work conducted or done by the University and into any specific allegations
against any employee of the university in like manner in respect of any matter
connected with or ancillary thereto.
(4) The Special Officer or the Commission directed to make an inspection or
inquiry under sub- section (3) shall have access for that purpose to the related
institutions, premises and to such accounts or other records as may be necessary.
(5) The Special Officer or the Commission shall submit a report of the result of
the inspection or inquiry to the Chancellor and shall forward a copy thereof to the State
Government.
(6) Soon after receipt of the report, the Chancellor shall record his findings
thereon and send the same to the State Government for taking further action, as may
be necessary or as directed by him.
(7) The State Government shall direct the Vice-Chancellor to initiate such action
as has been directed by the State Government with respect to the findings in the report
of enquiry or inspection and the Executive Council shall implement the directions of the
State Government.
(8) The Vice -Chancellor shall communicate to the State Government, a report
of action taken in compliance with the directions of the State Government as specified
in the orders of the State Government.
(9) If the Vice -Chancellor fails to comply with the directions of the State
Government then it shall be reported to the Chancellor whose order shall be final and
shall be implemented by the Vice -Chancellor and the Executive Council within such
time as set out in the orders of the Chancellor.
]1
1. Inserted by Act, 22 of 2014 w.e.f. 03.07.2014.
1[9A. Power to annul the orders of the University. - (1) The State
Government may, by order, published in the official Gazette annul any order,
notification, resolution or any proceedings of the University which in its opinion is not in
conformity with the provisions of this Act, or the Statutes, Regulations or Ordinances or
is otherwise inconsistent with the policy of the State Government:
Provided that before making any such order, the State Government shall afford
an opportunity to the University.
11
(2) Every order passed under sub-section (1) shall as soon as may be after it is
passed be laid before both the Houses of State Legislature.]1
1. Inserted by Act, 22 of 2014 w.e.f. 03.07.2014.
CHAPTER V
OFFICERS OF THE UNIVERSITY
10. Officers of the University.- The following shall be the officers of the University
namely:-
(1) The Chancellor,
(2) The Pro-Chancellor,
(3) The Vice-Chancellor,
(4) The Registrar,
(5) The Registrar (Evaluation),
(6) Finance Officer,
(7) The Directors of Regional Offices.
(8) such other officers in the service of the University
- as may be declared by the statutes to be the officers of the University.
11. The Chancellor.- (1) The Governor of the State of Karnataka shall by virtue of
his office be the Chancellor of the University.
(2) The Chancellor shall be the Head of the University and shall, when present,
preside at any convocation of the University.
(3) No honorary degree shall be conferred by the University upon any person
without the explicit approval of the Chancellor.
(4) The Chancellor can exercise such other powers and perform such other duties
as may be conferred on him by this Act or the Statutes.
12. The Pro-Chancellor.- (1) The Minister who is in charge of Higher Education in
Karnataka shall by virtue of his office be the Pro-Chancellor of the University.
(2) The Pro-Chancellor shall exercise such powers and functions of the Chancellor
that may be conferred upon him under the Statutes.
13. The Vice Chancellor.- (1) The Vice-Chancellor shall be a whole time officer of
the University and shall function as the chief academic and administrative head of the
University.
(2) The Vice-Chancellor shall be appointed by the Chancellor from a panel of three
persons who are outstanding in the field of Engineering, Technology or education and
recommended by the committee referred to in sub- section (3) of this section and such
panel shall not contain the name of any member of the sub-committee.
(3) For the purpose of sub- section (2) the committee shall consist of a member of
Academic Senate, a member of the Executive Council, a representative of Government
and a person of eminence in the field of engineering, technology and industry
nominated by the Chancellor:
Provided that if none of the persons recommended by the committee is willing to
accept the appointment or if none of the persons recommended is acceptable to the
Chancellor, the Chancellor may call for fresh recommendations from such committee:
12
Provided further that the first Vice -Chancellor shall be appointed by the Chancellor
from out of a panel of names recommended by State Government.
(4) The term of office of the Vice -Chancellor shall be three years extendable by
another term of similar period at the discretion of the Chancellor:
Provided that the Vice -Chancellor may by writing under his hand addressed to the
Chancellor and after giving three months notice resign his office.
1[(4A) The Vice-Chancellor shall not be removed from his office except by an order
of the Chancellor passed on the ground of willful omission or refusal to carry out the
provisions of this Act or for abuse of the powers vested in him and on the advice
tendered by the State Government on consideration of the report of an inquiry ordered
by it under sub-section (4B).
(4B) For the purposes of holding an inquiry under this section, the State
Government shall appoint a person who is or has been a Judge of the High Court or
the Supreme Court. The inquiry authority shall hold the inquiry after giving an
opportunity to make representation by the Vice -Chancellor and shall submit a report to
the State Government on the action to be taken including penalty if any to be imposed,
and the State Government shall on consideration of the report advice the Chancellor.
The Chancellor shall act in accordance with such advice.]1
1. Inserted by Act, 22 of 2014 w.e.f. 03.07.2014.
(5) The Chancellor may direct that a Vice -Chancellor whose term of office has
expired shall continue in the office for such period not exceeding one year as may be
specified in the direction.
(6) The emoluments and other service conditions of the Vice -Chancellor shall be
such as may be determined by the Chancellor and shall not be varied to his
disadvantage after his appointment.
(7) Where a temporary vacancy occurs or is likely to occur in the office of the Vice -
Chancellor by reason of leave, illness or other cause, other than the expiry of the term,
the Executive Council shall as soon as possible and subject to approval of the
Chancellor make such arrangements for carrying on the duties of the office of the Vice
Chancellor as it may think fit and until other arrangements are made, such officer of the
University as may be nominated by the Chancellor for the purpose shall carry on the
current duties of the office of the Vice Chancellor.
14. Powers and duties of the Vice- Chancellor.- (1) The Vice-Chancellor shall be
the Principal Executive Officer of the University and the ex -officio Chairman of the
Executive Council. He shall, in the absence of the Chancellor and the Pro- Chancellor
preside at a convocation of the University and shall confer degrees on persons entitled
to receive them.
(2) The Vice -Chancellor shall exercise general control over the affairs of the
University and shall be responsible for the due maintenance of discipline in the
University.
(3) The Vice-Chancellor shall convene meetings of the Executive Council.
(4) The Vice -Chancellor shall ensure the faithful observance of the provisions of
this Act and Statutes and Regulations and he shall possess all such powers as may be
necessary in this behalf.
13
(5) The Vice -Chancellor shall be responsible for the presentation of the annual
financial estimates and the annual accounts and the balance sheet to the Executive
Council.
(6) The Vice -Chancellor may take action in any emergency, which, in his opinion
calls for immediate action. He shall in such a case, and as soon as may be thereafter,
report his action to the authority which would ordinarily have dealt with the matter.
(7) Where any action taken by the Vice -Chancellor under sub- section (6) affects
any person in the service of the University to his disadvantage, such person may prefer
an appeal to the Executive Council within thirty days from the date on which such
person received the notice of action taken.
(8) Any person aggrieved by the appellate order of the Executive Council may
within thirty days from the date of communication of such o rder to him appeal to the
Chancellor and the decision of the Chancellor on such appeal shall be final.
(9) Subject to the provisions of the preceding sub-section, the Vice-Chancellor shall
give effect to the orders of the Executive Council regarding the appointment,
suspension and dismissal of officers, teachers and other employees of the University.
(10) The Vice -Chancellor shall exercise such other powers as may be prescribed
by Statutes.
15. Registrar. - (1) The Registrar shall be a whole time officer of the University
appointed by the Vice-Chancellor with the approval of Executive Council from out of not
less than three persons recommended by the Vice-Chancellor to the Executive Council
for such period and on such terms as may be prescribed by the Statutes.
(2) The Registrar shall exercise such powers and perform such duties as may be
prescribed by Statutes.
(3) In all suits and other legal proceedings by or against the University, the
pleadings shall be signed and verified by the Registrar and all pr ocess in such suits
and proceedings shall be issued to and served on the Registrar.
16. Registrar (Evaluation). - The Registrar (Evaluation) shall be the whole time
officer of the University appointed by the Executive Council. His duties and
responsibilities shall be as specified by the Statutes.
17. Finance Officer. - The Finance Officer shall be the whole time officer of the
University appointed by the Executive Council, his duties and responsibilities shall be
as specified by the Statutes.
18. Directors of regional offices. - There shall be regional offices established in
each head quarters of the Revenue Division and headed by a Director to perform such
duties, discharge such functions and to exercise such powers as may be prescribed by
the Statutes.
CHAPTER VI
AUTHORITIES OF THE UNIVERSITY
19. Authorities of the University.- (1) The following shall be the authorities of the
University, namely:-
(i) the Executive Council,
(ii) the Academic Senate.
14
(2) The Chancellor shall as soon as may be after the first Vice -Chancellor is
appointed under sub-section (4) of section 10 constitute the Executive Council and the
Academic Senate.
(3) The Executive Council shall consist of the following members namely:-
(a) the Vice-Chancellor, ex-officio Chairman;
(b) Secretary to Government in-charge of Higher Education or his nominee not less
than the rank of Deputy Secretary to Government;
(c) five persons representing Industry/business, trade/educational experts in the
field of Engineering/Architecture and the Engineering professions, nominated by the
Chancellor on the recommendation of the Vice- Chancellor. Out of them, one must
belong to Scheduled Caste/Scheduled Tribe, one to backward community and one to
religious minorities;
(d) three representatives of the G overnment of Karnataka nominated by the State
Government one of whom shall be the Director of Technical Education;
(e) five representatives of the constituent colleges, not below the rank of
Principal/Professor nominated by the Chancellor on the recommendations of the Vice -
Chancellor;
(f) the nominee of the Universities Grant Commission;
(g) two eminent persons connected with Engineering, Technology or allied sciences
education co-opted by the Council.
(4) The term of office of the members of the Execu tive Council other than the ex -
officio members shall be three years:
Provided that the term of office of any member nominated to fill a casual vacancy shall
be the residuary term of his predecessor.
(5) Six members of the Executive council shall form the quorum for the meeting of
the Executive Council. The members of the Executive Council shall not be entitled to
receive any remuneration from the University except such daily and travelling
allowances as may be prescribed.
(6) The Registrar shall act as non-member Secretary of the Executive Council.
20. Powers and functions of the Executive Council. - The Executive Council
shall exercise and perform the following powers and duties namely:-
(a) to approve the financial estimates of the University submitted by the Vice -
Chancellor;
(b) to hold and to control the property and funds of the University and to issue any
general or special instructions on behalf of the University;
(c) to receive transfer or dispose of any movable or immovable property on behalf
of the University;
(d) to administer public and private funds placed at the disposal of or accepted by
the University for specified purposes;
(e) to appoint the officers, teachers and other employees of the University in the
prescribed manner and to approve of appointments made by the Vice-Chancellor.
(f) to invest money belonging to the University;
(g) to direct the form and use of the common seal of the University;
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(h) to appoint such committees, whether standing or temporary, as it may deem
necessary for its proper functioning;
(i) with the approval of the State Government to borrow, on the security of the
property of the University or otherwise money for the purposes of the University;
(j) to meet at such time and at such places as it deems necessary:
Provided that one ordinary meeting shall be held every quarter and at least one half of
its ordinary meetings shall be held at the seat of the University;
(k) to regulate and determine all matters concerning the University in accordance
with this Act and Statutes, and to exercise such powers and to discharge such duties
as may be conferred on it by this Act and the Statutes;
(l) to make regulations regarding the admission of students to the University,
constituent colleges and conduct of examinations by the University and by the
constituent colleges;
(m) to formulate, modify or revise the schemes for the constitution or reconstituting
of University divisions of teaching, research, extension, conti - nuing education,
evaluation and other divisions;
(n) to make regulations relating to courses of study leading to degrees, diplomas
and certificates;
(o) to prescribe qualifications for teachers in the University and constituent colleges;
(p) to prescribe standards of instructional facilities to be provided in the constituent
colleges including the teaching faculty;
(q) to prescribe the terms and conditions of service of the teaching faculty and other
employees of the constituent colleges;
(r) to prescribe equivalence of examinations, degrees diplomas and certificates of
other Universities, colleges/institutions and boards;
(s) to prescribe guidelines for the assessment, evaluation and grading of student's
performances;
(t) to promote effective collaboration between user system of Engineering Man
Power on the one hand and the constituent colleges of the University on the other
hand;
(u) to prescribe and regulate the governance and management of affairs of the
constituent college;
(v) to prescribe conditions for admission of new colleges as constituent colleges of
the University;
(w) to be incharge of the academic affairs of the University and subject to the
provisions of this Act and the Statutes, exercise general power of superintendence,
direction and control and be responsible for the maintenance of academic standards of
instructions, education, research, extension and examinations and other matters
connected with the conferment of degrees or award of diplomas, and exercise such
other powers and such other duties as may be conferred on it by the Statutes.
21. The Academic Senate.- The Academic Senate shall be the Academic Body of
the University and shall perform the following functions:-
(1) co-ordination of the plans and activities of the divisions of the University;
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(2) determination and co-ordination of standards of educational programmes in the
constituent colleges including instructional facilities and resources;
(3) institution evaluation to help the constituent colleges in institution development;
(4) any other function that may be assigned by the Executive Council.
22. Constitution of the Academic Senate.- The Academic Senate shall consist of
the following members namely:-
(1) Vice-Chancellor;
(2) Secretary to Government incharge of Higher Education or his nominee not
below the rank of Deputy Secretary;
(3) Director, Technical Education;
(4) two Principals of University Colleges to be nominated by rotation by the Vice -
Chancellor;
(5) all Deans of the Faculties;
(6) ten or one third of the Heads of Departments of the University, whichever is less
by rotation on seniority basis as nominated by Vice-Chancellor;
(7) ten or one third of the Professors of University whichever is less, by rotation on
seniority basis as nominated by Vice-Chancellor;
(8) five or one fourth of Chair Persons of Boards of Studies whichever is less by
rotation on seniority basis as nominated by Vice-Chancellor;
(9) ten principals of the affiliated colleges nominated by the Chancellor;
(10) two Heads of Research labs and Institutions nominated by Chancellor;
(11) three eminent persons having technical back -ground, one each belonging to
(a) Scheduled Castes/Scheduled Tribes (b) Backward classes and (c) religious minority
nominated by the Chancellor.
(12) the Registrar shall be the non member Secretary of the Academic Senate;
(13) the term of office of the Chairman and members shall be three years.
CHAPTER VII
FINANCE AND ACCOUNTS
23. Funds of the University.- (1) The University shall have General Fund to which
shall be credited,-
(i) its income from fees, grants, donations, gifts, if any;
(ii) contributions or grants that may be made by the Central Government, State
Government, University Grants Commission, All India Council for Technical Education
or like authority or any local authority or any corporation owned or controlled by the
Government;
(iii) other contributions, receipts, grants and donations and benefactions;
(iv) contributions from industry, business and technical departments of the
Government and other user organisations:
Provided that the funds received by the University under item (iv) above shall be
called the Development Fund of the University which shall be utilised for the promotion
of Technological Education and Research both within the University and in the
constituent units without diverting the same for normal capital or recurring expenditure
of the University.
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(2) The University may have such other funds as may be prescribed by the Statutes.
(3) The General Fund, the Development Fund and the other funds of the University
shall be managed according to the provisions laid down in the Statutes.
(4) The Government shall, every year, make nonlapsable lumpsum grants to the
University as follows:-
(a) a grant not less than the net expenditure incurred in the financial year
immediately proceeding the appointed day in respect of the activities of the Colleges of
Engineering, Technology and allied sciences which are transferred to the University
and the Divisions of the University;
(b) a grant not less than the estimated expenditure on pay and allowances of the
staff, contingencies, supplies and services of the University;
(c) a grant to meet such additional items of expenditure, recurring and non -recurring
as the Government may deem necessary for the proper functioning and development
of the University.
1[(5) the funds of the University shall be invested in any of the Scheduled Banks.
(6) The funds and income of the University shall be solely utilized for achievement
of the objects of the University and no payment shall be made to the trust ee or
members by way of profit, interest or dividends etc.]1
1. Inserted bye Act 36 of 2015 w.e.f 01.04.1998
24. Finance committee. - The Executive Council shall constitute a Finance
Committee consisting of the Vice-Chancellor and other members as may be prescribed
by the Statutes.
25. Annual Report. - (1) The Vice -Chancellor shall prepare the annual report
containing such particulars as the Government may specify, covering each financial
year and submit it to the Executive Council on or before such dates as may be
prescribed by the Statutes. The Executive Council may pass resolutions thereon and
the Vice-Chancellor shall take action in accordance therewith. The action taken shall
be intimated to the Executive Council.
(2) Copies of the annual report along with the resolution of the Executive Council
thereon shall be sent to the Government, and shall be laid before both the Houses of
the State Legislature.
26. Power of Government to order auditing .- The State Government shall have
power at any time to order an audit of the account of the University by such auditors as
it may direct.
27. Financial estimates.- (1) The Vice-Chancellor shall cause to be prepared on or
before such date as may be prescribed, the financial estimates of the University for the
ensuing year and submit the same to the Executive Council for its approval.
(2) The Executive Council may approve the financial estimates subject to such
modifications as it deems fit, and no expenditure shall be incurred except in
accordance with the financial estimates as approved by the Executive Council.
28. Accounts and Auditing.- (1) The annual accounts and the balance sheet of the
University shall be prepared under the direction of the Vice -Chancellor and all money
accruing to or received by the University from whatever source and all amounts
disbursed or paid by the University shall be entered in the accounts.
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(2) The annual accounts and the balance sheet shall be submitted by the Vice -
Chancellor to the State Government which shall cause an audit to be carried out by
such persons as it may appoint in this behalf. The accounts when audited, shall be
printed and copies thereof, together with the audit report, shall be presented by the
Vice-Chancellor to the Executive Council and the ChanExcerpt shown. Open the full act in Lexace.