LexThe Tamil Nadu Private universities Act, 2019
Tamil Nadu · state statute
Open in Lexace · Ask the AI about this actTAMIL NADU PRIVATE UNIVERSITIES ACT, 2019
(ACT NO. 14 OF 2019)
Arrangement of section
1.Short title and commencement
2. Definition
3. Establishment of Private University
4. Conditions for establishment of Private University
5. Application for establishment of Private University
6. Project Report
7. Expert Committee
8. Letter of Intent
9. Amendment to schedule
10. Commencement of Private University
11. Grants and Financial Assistance
12. Objects of Private University.
13. Powers of Private University.
14. Admission.
15. Officers of Private University.
16. Chancellor.
17. Vice chancellor
18. Pro-Vice chancellor
19. Registrar
20. Deans and Directors.
21. Finance Officer.
22. Controller of Examinations
23. Other Officers
24. Authorities of Private University.
25. Governing Council.
26. Executive Council.
27. Academic Council.
28. Finance Committee.
29. Planning Board.
30. Board of Faculties, Admission Committee, Examination Committee and other Authorities of
Private University.
31. Power to make Statutes.
32. Statutes, how made.
33. Power to make Ordinances.
34. Ordinances, how made.
35. Annual Report.
36. Annual Accounts.
37. Conditions of service of employees
38. Admission to Private University Courses and Examinations
39. Employees provident fund and pensions.
40. Disputes as to the constitution of Authorities and bodies.
41. Constitution of Committees.
42. Filling up of the vacancies.
43. Proceedings of Private University authorities and bodies not to be invalidated by vacancies.
44. Removal from membership of Private University.
45. Mode of proof of Private University records.
46. Permanent Endowment Fund.
47. General Fund.
48. Development Fund.
49. Maintenance of Fund.
50. Power of Government to call for information and records.
51. Dissolution of Private University.
52. Expenditure of Private University during dissolution.
53. De-recognition of Private University by the Government.
54. Power of the Government to issue directions on policy matters to Private University.
55. Status of assets and liabilities on dissolution or de-recognition.
56. Powers of Government to form regulatory body.
57. Powers of the Government to make rules.
58. Power to remove difficulties.
TAMIL NADU PRIVATE UNIVERSITIES ACT, 2019
(ACT NO. 14 OF 2019)
[23rd February 2019]
An Act to establish and incorporate in the State of Tamil Nadu, the Green field Universities of
unitary nature in private sector by the sponsoring body viz. Trusts or Societies or not for profit
companies to promote, conceptualize and bring about a paradig m shift through development of
outstanding leadership, research, knowledge and ideas for education and allied development
sectors and also to provide world class Higher Educational Institutions in the State.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventieth Year of
the Republic of India as follows:-
1.Short title and commencement. - (1) This Act may be called the Tamil Nadu Private
universities Act, 2019.
(2) It shall come into force on such date as th e State Government may, by notification,
appoint.
2. Definition. - In this Act, unless the context otherwise requires,
(a) "Academic Council" means the Academic Council of a Private University constituted
under section 27;
(b) "AICTE" means the All India Council for Technical Education established under
section 3 of the All India Council for Technical Education Act, 1987 (Central Act 52 of 1987);
(c) "BCI" means the Bar Council of India established under section 4 of the Advocates
Act, 1961 (Central Act 25 of 1961);
(d) "Chancellor", "Vice -Chancellor" and "Pro-Vice-Chancellor" means, respectively, the
Chancellor, the Vice-Chancellor and the Pro-Vice-Chancellor of a Private University;
(e) "Deans and Directors" means the Head of Department or an Instit ution, a Centre or a
School, or the person appointed for the purpose to act as such in his absence;
(f) "Department" means a Department of Studies of a Private University and includes a
Centre of Studies and Research;
(g) "employee" means any person appoin ted by a Private University, and includes a
teacher or any other member of the staff of the Private University;
(h) "Executive Council" means the Executive Council of a Private University constituted
under section 26;
(i) "Expert Committee" means the Committee constituted under section 7;
(j) "Faculty" means a Faculty of a Private University;
(k) "Governing Council" means the Governing Council constituted under section 25;
(l) "Government" means the State Government;
(m) "Green field University" means start ing of a University afresh without any
consideration to any existing educational institutions or anything related to such institutions;
(n) "hostel" means a unit of residence for students of a Private University maintained or
recognised by the Private University;
(o) "ICAR" means the Indian Council of Agricultural Research, registered under the
Societies Registration Act, 1860 (Central Act 21 of 1860);
(p) "Institution" means a college or an institution established or maintained by or
associated with or constituent to a Private University in accordance with this Act and the
Statutes;
(q) "Management Committee" means the committee constituted by the sponsoring body
for the purposes of this Act;
(r) "MCI" means the Medical Council of India constitu ted under the Medical Council Act,
1956 (Central Act 102 of 1956);
(s) "multidisciplinary" means study in the Departments of Humanities and Social
Sciences, Science, Engineering and Technology, Architecture, Medical, Dental, Nursing,
Pharmacy, Physiotherapy, Allied Health Sciences, Education, Law, Agriculture, Veterinary and
other branches of knowledge;
(t) "NCTE" means the National Council for Teacher Education established under the
National Council for Teacher Education Act, 1993 (Central Act 73 of 1993);
(u) "PCI" means Pharmacy Council of India constituted under section 4 of the Pharmacy
Act, 1948 (Central Act 8 of 1948);
(v) "prescribed" means prescribed by Statutes and Ordinances;
(w) "Private University" means a University established under section 3;
(x) "Registrar", "Controller of Examinations", "Finance Officer" means, respectively, the
Registrar, the Controller of Examinations and the Finance Officer of a Private University;
(y) "Regulatory Body" means and includes a body such as UGC, AICTE, NCTE, MCI,
PCI, ICAR, BCI established for maintenance of standards of higher education;
(z) "Rules" means rules made under section 57 of this Act;
(aa) "Schedule" means the Schedule appended to this Act;
(ab) "sponsoring body" means,-
(i) a trust registered under the Indian Trusts Act, 1882 (Central Act 2 of 1882); or
(ii) a society registered under the Tamil Nadu Societies Registration Act, 1975
(Tamil Nadu Act 27 of 1975); or
(iii) a company registered under section 8 of the Companies Act, 2013
(Central Act 13 of 2013);
(ac) "statutes" and "ordinances" means respectively, the statutes and the ordinances of a
Private University;
(ad) "student" means a student enrolled in the register of a Private University;
(ae) "teachers " means persons appointed by a Private University to give instructions of
its behalf;
(af) "UGC" means the University Grants Commission established under section 4 of the
University Grants Commission Act, 1956 (Central Act 3 of 1956).
3. Establishment of Private University. - (1) The Government may permit the establishment of
a Private University, by any sponsoring body, by inclusion of the name of the Private University,
its location and the details of the sponsoring body in the Schedule.
(2) The Private University shall be a Greenfield University and shall also be a multidisciplinary
University. Its location shall be within the State of Tamil Nadu.
(3) The Private University shall be a body corporate, shall have perpetual s uccession and a
common seal and shall sue and be sued by the said name.
(4) The Private University shall be of the unitary type and shall not have power to affiliate or
recognise any college or institution.
(5) The Private University may establish co nstituent colleges, regional centres, additional
campuses and study centres at such places in the State as it deems fit subject to the norms of
UGC and other regulatory bodies.
4. Conditions for establishment of Private University. - For the purpose of es tablishing a
Private University under this Act, the sponsoring body shall fulfill the following conditions,
namely:-
(a) possess contiguous land of not less than one hundred acres earmarked for the Private
University;
(b) construct on the land referred to in clause (a), buildings and establish infrastructure and
install necessary equipments in offices and laboratories as per the standards laid down by the
UGC and other regulatory bodies;
(c) appoint teachers for the purposes of teaching as per t he standards laid down by the
UGC; and
(d) such other conditions as may be required by the Government to be fulfilled before the
establishment of the Private University.
5. Application for establishment of Private University. - Any sponsoring body desirous to
have a Private University established by a law of the State Legislature, shall make an
application to the Government, containing an outline of the purpose and vision of the proposed
Private University, the project report in such manner containing such particulars along with such
fee not exceeding rupees twenty five lakh as may be prescribed in the rules.
6. Project Report. - The project report shall, in addition to the particulars as may be prescribed
under section 5, contain the following, namely:-
(a) justification regarding the necessity of establishment of the proposed Private University;
(b) the details of the sponsoring body along with copies of its registration certificate under
the Indian Trusts Act, 1882 (Central Act 2 of 1882) or the Tamil Nadu Societies Registration Act,
1975 (Tamil Nadu Act 27 of 1975) or the Companies Act, 2013, (Central Act 13 of 2013) as the
case may be;
(c) the track record, experience and domain expertise in the proposed disciplines;
(d) the name, location and headquarters of the proposed Private University;
(e) the objectives of the Private University;
(f) availability of academic facilities including teaching and non¬teaching staff, if any, at the
disposal of the sponsoring body;
(g) the details of plans for cam pus development such as, construction of buildings,
development of structural amenities and infrastructure facilities and procurement of equipment
for starting the Private University;
(h) the outlays of capital expenditure and its sources of finance;
(i) t he nature and type of programmes and courses of study, research and innovation
proposed to be undertaken by the Private University;
(j) the nature of facilities proposed to be started;
(k) the scheme of mobilizing resources and the cost of capital thereto and the manner of
repayment to such sources;
(l) projected detailed financial statements and key operating ratios with a detailed break -up
of sources of revenues generated internally;
(m) the system proposed to be followed for selecting students for admiss ion to the courses
of study at the Private University;
(n) the system proposed for appointment of teachers and other employees in the Private
University;
(o) the nature of specialized teaching, training or research activities to be undertaken by the
Private University including those related to the local needs, so as to fulfil its objects;
(p) the details of play grounds and other facilities available or proposed to be created for
games and sports and extra curricular activities like National Cadet Co rps and National Service
Scheme;
(q) proposed approach and initial plans for academic and research excellence, including
accreditations to be sought and academic auditing;
(r) the concessions or rebates in fee and scholarships, if any, to be granted by the Private
University to the students from economically or socially backward families, including Scheduled
Castes, Scheduled Tribes, other Backward Classes and differently abled students; and
(s) commitment to follow the norms of the regulatory bodies.
7. Expert Committee. - (1) The Government shall constitute an Expert Committee to examine
the application received from the sponsoring body.
(2) The composition of the Expert Committee shall be as follows:-
(i) The Secretary to Government, in-
charge of Higher Education
Department.
- Chairman
(ii) Former or serving Vice -
Chancellor of the State
University.
- Member
(iii) The Commissioner of Technical
Education.
- Member
Secretary
(iv) The Director of Collegiate
Education.
- Member
(v) The Collector of the District
where the Private University is
proposed to be established.
- Member
(3) The Chairman and Members shall be eligible for such sitting fees and allowances, as may
be prescribed in the rules.
(4) The Expert Committee shall examine the proposal with reference to the following:-
(a) financial soundness and assets of the sponsoring body and its ability to setup the
infrastructure of the proposed Private University;
(b) background of the sponsoring body such as experience in the field of education, its
credibility and general reputation;
(c) potential of the courses to be offered which are not only of conventional nature but
also in tune with the contemporary requirements of emerging branches of learning;
(d) app ropriateness of the objectives of the proposed Private University against the
overall goals and objectives of the State; and
(e) any other factor that the Expert Committee may deem appropriate.
(5) The Expert Committee, while considering the proposal an d the project report, may call for
such other information from the sponsoring body as it thinks proper for the purpose.
(6) The Expert Committee shall make recommendation on the establishment of Private
University to the Government.
8. Letter of Intent. - (1) On consideration of the recommendation of the Expert Committee, the
Government shall take a decision on accepting or rejecting the proposal or seek modification in
the proposal or additional information.
(2) The Government reserves the right to accept or not to accept the evaluation report of the
Expert Committee. The decision of the Government in this regard shall be final.
(3) The Government shall inform the sponsoring body about its decision through a Letter of
Intent, a Letter of Regret, or a letter seeking modified proposal or additional information, as the
case may be.
9. Amendment to Schedule. - The Government shall include the name of the University in the
Schedule with details of location by way of amendment to the Schedule a fter satisfying that the
sponsoring body has fulfilled the conditions of Letter of Intent.
10. Commencement of Private University. - (1) Every Private University shall commence to
exercise its function on such date as the Government may, by notification, specify in this behalf.
(2) The Government shall issue a notification under sub -section (1) only after receipt of an
affidavit along with documents from the sponsoring body to the effect that all the conditions
referred to in this Act have been fulfilled and after the Government is satisfied in this behalf.
11. Grants and Financial Assistance. - Every Private University shall be a self -financing
University and shall neither make a demand nor shall be entitled to any maintenance, grant -in-
aid or any other financial assistance from the Government:
Provided that this shall not prohibit a Private University from applying for research
projects or any other academic projects which may or may not entail financial grant or financial
support from any other source.
12. Objects of Private University. - The objects of a Private University shall be to disseminate
and advance education, knowledge and skill by providing instructional, research and extension
of facilities in such branches of learning as it may deem fit and the Private University shall
endeavour to provide to students and teachers the necessary atmosphere and facilities for the
promotion of,-
(a) innovations in education leading to restructuring of courses, new methods of teaching,
training and learning including on-line learning, blended learning, continuing education and such
other modes and integrated and wholesome development of personality;
(b) studies in various disciplines;
(c) inter-disciplinary studies;
(d) national integration, secularism, so cial equity and engineering of international
understanding and ethics;
(e) educational programmes for diplomas, degrees and post -graduate courses, doctorate
degrees and post-doctoral programmes and to maintain high standards of education;
(f) collaboration with national and global institutions, and creation of capabilities for
upgrading programmes to the global standards, subject to the guidelines of the UGC and other
regulatory bodies.
13. Powers of Private University. - Every Private Univers ity shall have the following powers,
namely:-
(a) to provide for instructions in such branches of learning as the Private University may,
from time to time, determine and to make provisions for research and for the advancement and
dissemination and application of knowledge and skills;
(b) to impart and promote the study of humanities and social sciences, science,
engineering and technology, management, law, medical and allied sciences and any other
professional courses through in -campus, off -campus, and sat ellite centres or by distance
educational programmes;
(c) to honour educational stalwarts and persons of academic eminence with the
decoration of professor Emeritus;
(d) to grant, subject to such conditions as the Private University may determine, diplomas
or certificates to, and confer degrees or other academic distinctions on the basis of
examinations, evaluation or any other method of testing on persons, and to withdraw any such
diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;
(e) to confer honorary degrees or other distinctions in the manner prescribed;
(f) to provide education and training including correspondence and such other courses, to
such persons who are not members of the Private University, as it may determine;
(g) to institute Directorships, Professorships, Associate Professorships, Readerships,
Assistant Professorships, Lecturerships and other teaching or academic posts required by the
Private University and to make appointments for the same;
(h) to create administrative, ministerial and other posts and to make appointments
thereto;
(i) to appoint or engage persons of eminence working in any other University or
Organisation permanently or for a specified period;
(j) to co -operate, collaborate or associate with any other University or Authority or
Institution in India and abroad in such manner and for such purpose as the Private University
may determine;
(k) to establish and maintain schools, centres, specialised laboratories or ot her units for
research and instructions as are in the opinion of the Private University, necessary for the
furtherance of its objects;
(l) to institute and award fellowships, scholarships, studentships, medals and prizes;
(m) to establish and maintain and supervise residences, hostels within the Private
University and promote the health and general welfare activities for students and staff;
(n) to make provisions for research and consultancy, and for that purpose to enter into
such arrangements with other i nstitutions or bodies as the Private University may deem
necessary;
(o) to declare a centre, an institution, a department, or school, as the case may be, in
accordance with the statutes;
(p) to determine standards for admission into the Private University, which may include
examination, evaluation or any other method of testing;
(q) to prescribe, demand and receive payment of fees and other charges;
(r) to make such arrangements in respect of the residence, discipline and teaching of
women and other disadvantaged students as the Private University may deem fit;
(s) to regulate and enforce discipline amongst the employees and students of the Private
University and take such disciplinary measures in this regard as may deem necessary by the
Private University;
(t) to make arrangements for promoting the health and general welfare of the employees
of the Private University;
(u) to receive donations and to acquire, hold, manage and dispose through sale or lease
or rent of any property, movable or immovable for the welfare of the Private University;
(v) to borrow without security or by way of hypothecation or mortgage against the
property of the Private University with the approval of the sponsoring body;
(w) 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 Private University;
(x) to organise and to undertake extra-mural studies and extension service;
(y) to do all such other acts and things as may be necessary, incidental or conducive to
the attainment of all or any of the objects of the Private University.
14. Admission. - (1) Every Private University shall, subject to the provis ions of this Act and the
relevant statutes and regulations of the UGC and other regulatory bodies, as the case may be,
be open to all persons.
(2) Nothing contained in sub-section (1) shall require a Private University,-
(a) to admit to any course of st udy any person who does not possess the prescribed
academic qualification or standard;
(b) to retain on the rolls of the Private University any student whose academic record is
below the minimum standard required for the award of a degree or other academic distinction;
(c) to admit any person or retain any student whose conduct is prejudicial to the interest of
the Private University or the rights and privileges of other students and teachers;
(d) to retain on rolls of the Private University any student who fails to remit necessary fees
as prescribed for the course.
(3) Subject to the provisions of sub -sections (1) and (2) and the standard admission process
of the Private University as may be prescribed, the Private University shall reserve thirty-five
percentage of seats in each course of study for resident students of Tamil Nadu.
(4) Admission of students to thirty -five percentage of seats reserved for resident students of
Tamil Nadu under sub-section (3) shall be made following the reservation as per law in force.
Explanation. - For the purpose of this section "Resident student of Tamil Nadu" means:-
(i) a student who or either of whose parents has resided in the State of Tamil Nadu for a
period of not less than five years preceding the qualifying examination; or
(ii) a student who has studied in any one of the educational institutions in the State of
Tamil Nadu for a period of not less than five years leading to the qualifying examination.
15. Officers of Private University. - The following shall be the officers of a Private University,
namely:-
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the Pro-Vice-Chancellor;
(d) the Registrar;
(e) the Deans and Directors;
(f) the Finance Officer;
(g) the Controller of Examinations; and
(h) such other persons as may be declared by the statutes to be officers of the Private
University.
16. Chancellor. - (1) The Chancellor shall be appointed by the Management Committee for a
period of three years, as may be prescribed.
(2) The Chancellor shall, by virtue of his office, be the Head of the Private University and shall
constitute an interim Executive Council. The interim Executive Council so constituted shall
cease to exist on the constitution of the Executive Council under section 26.
(3) The Chancellor may in writing under his hand addressed to the Management Committee,
resign his office.
17. Vice-Chancellor. - (1) The Vice -Chancellor shall be appointed by the Chancellor in such
manner as may be prescribed and shall hold office for a period of three years.
(2) The Vice-Chancellor shall exercise such powers and perform such other functions as may
be prescribed.
18. Pro -Vice-Chancellor. - (1) The Pro -Vice-Chancellor shall be appointed by the Executive
Council in such manner as may be prescribed.
(2) The Pro-Vice-Chancellor shall exercise such powers and perform such other functions as
may be prescribed.
19. Registrar. - (1) The Registrar shall be a whole-time salaried officer of the Private University.
The terms of appointment and conditions of services shall be such as may be prescribed.
(2) The holder of the post of Registrar shall possess the qualifications prescribed by the UGC.
(3) The Registrar shall have the power to enter into agreements, sign documents and
authenticate records on behalf of the Private University and shall exercise such other powers
and perform such other functions as may be prescribed.
(4) The Registrar shall be the ex -officio Secretary of the Executive Council and the Academic
Council.
20. Deans and Directors. - Every Dean and every Director shall be appointed in such manner
and shall exercise such powers and perform such duties as may be prescribed.
21. Finance Officer. - (1) The Finance Officer shall be appointed in such manner and shall
exercise such powers and perform such functions as may be prescribed.
(2) The Finance Officer shall be the ex-officio Secretary of the Finance Committee.
22. Controller of Examinations. - (1) The Controller of Examinations shall be a whole -time
officer of the Private University appointed for such period and on such terms and conditions as
may be prescribed.
(2) The Controller of Examinations shall exercise such powers and perform such duties as
may be prescribed.
23. Other Officers. - The manner of appointment and powers and duties of the other officers of
a Private University shall be such as may be prescribed.
24. Authorities of Private University. - The following shall be the authorities of a Private
University, namely:-
(a) the Governing Council;
(b) the Executive Council;
(c) the Academic Council;
(d) the Finance Committee;
(e) the Planning Board; and
(f) such other authorities as may be declared by the statutes to be authorities of the Private
University.
25. Governing Council. - (1) The constitution of the Governing Council and the term of office of
its members shall be such, as may be prescribed.
(2) Subject to the provisions of this Act, the Governing Council shall have the following powers
and functions, namely:-
(a) to review from time to time, the broad policies and programmes of the Private University
and suggest measures for the working, improvement and development of the Private University;
(b) to consider and pass resolutions on the annual report and annual accounts of the Private
University and audit report of such accounts;
(c) to advise the Chancellor in respect of any matter which may be referred to it for advice;
and
(d) to perform such other functions as may be prescribed.
26. Executive Council. - (1) The Executive Co uncil shall be the chief executive body of a
Private University.
(2) The Executive Council shall consist of not more than ten members of whom two members
shall be,-
(a) The Secretary to Government in-charge of Higher Education Department, ex-officio;
(b) The Director of Collegiate Education, ex-officio.
(3) The remaining eight members of the Executive Council shall be nominated by the
sponsoring body from among the eminent people in the relevant disciplines of study provided by
the Private University.
(4) The powers and functions of the Executive Council, shall be such as may be prescribed.
27. Academic Council. - (1) The Academic Council shall be the principal academic body of a
Private University and shall subject to the provisions of the statutes, the ordinances and the
applicable regulations, co-ordinate and exercise general supervision over the academic policies
of the Private University.
(2) The constitution of the Academic Council, the term of office of its members and its powers
and functions shall be such as may be prescribed.
28. Finance Committee. - (1) The Finance Committee shall be the principal financial body of a
Private University to take care of the financial matters.
(2) The constitution of the Finance Committee, the t erm of office of its members and its
powers and functions shall be such as may be prescribed.
29. Planning Board. - (1) The Planning Board shall be the principal planning body of a Private
University. The Planning Board shall ensure that the infrastructur e and academic support
system meets the norms prescribed by the regulatory bodies.
(2) The constitution of the Planning Board, the term of office of its members and its powers
and functions shall be such as may be prescribed.
30. Board of Faculties, A dmission Committee, Examination Committee and other
Authorities of Private University. - The constitution, powers and functions of the Boards of
Faculties, the Admission Committee, the Examination Committee and of such other authorities
of a Private Univer sity which may be declared by the statutes to be authorities of the Private
University shall be such as may be prescribed.
31. Power to make Statutes. - (1) The Executive Council shall make the statutes for carrying
out the purposes of this Act, subject to the approval of the Management Committee.
(2) Subject to the provisions of this Act, the statutes may provide for all or any of the following
matters, namely:-
(a) the constitution, powers and functions of the authorities of the Private University, as may
be constituted from time to time;
(b) the appointment and continuance in office of the members of the said authorities, filling
up of vacancies of members and all other matters relating to those authorities for which it may
be necessary to provide;
(c) the appointment, powers and duties of the officers of the Private University and their
emoluments;
(d) the appointment of teachers of the Private University and other academic and
administrative staff and their emoluments;
(e) the appointment of teachers and other academic and administrative staff working in the
Private University or Institution for specific period for undertaking a joint project;
(f) the conditions of service of employees including provisions for retirement benefits,
insurance and provident fund, the manner of termination of service and disciplinary actions;
(g) the principles governing seniority of service of employees;
(h) the procedure for settlement of disputes between employees or students and the Private
University;
(i) the procedure for appeal to the Executive Council by any employee or students against
the action of any officer or other authority of the Private University;
(j) the conferment of honorary degrees;
(k) the withdrawal of degree, diploma, certificate and other academic distinction;
(l) the institution of fellowships, scholarships, studentships, medals and prizes;
(m) the maintenance of discipline among the students;
(n) the establishment and abolition of Department, Centres and other institutions;
(o) the delegation of powers vested in the authorities or officers of the Private University;
and
(p) all other matters, which may by this Act are to be or may be prescribed.
(3) The Executive Council shall not make, amend or repeal any statute affecting the powers or
constitution of any authority of the Private University until such authority has been given an
opportunity of expressing an opinion in writing on the proposed changes, and any opinion so
expressed shall be considered by the Executive Council.
32. Statutes, how made. - (1) The Executive Council may, from time to time, make statutes
and amend or repeal the statutes in the manner hereinafter provided in this section.
(2) A statute or an amendment to, or repeal of, a statute passed by the Executive Council
shall be submitted to the Management Committee who may assent thereto or withhold its
assent. A statute or an amendment to, or repeal of, a statute passed by the Executive Council
shall have no validity unless it has been as sented to by the Management Committee. A copy of
the statutes shall be sent to the Government for information.
33. Power to make Ordinances. - Subject to the provisions of this Act and the statutes, the
ordinances shall be made by the Executive Council, s ubject to the approval of the Management
Committee, which may provide for all or any of the following matters, namely:-
(a) the admission of students to the Private University and their enrolment as such;
(b) the courses of study to be laid down for all de grees, diplomas and certificates of the
Private University;
(c) the medium of instruction and examination;
(d) the award of degree, diploma, certificate and other academic distinctions, the
qualification for the same and the matters to be taken relating to the granting and obtaining of
the same;
(e) the fees to be charged for courses of study in the Private University and for admission to
the examinations, degrees, diplomas and certificates of the Private University;
(f) the conditions for the aw ard of fellowships, scholarships, studentships, medals and
prizes;
(g) the conduct of examinations, including the term of office and manner of appointment and
the duties of examining bodies, examiners and moderators;
(h) the conditions of residence of the students of the Private University;
(i) the special arrangements, if any, which may be made for the residence, discipline and
teaching of women students and prescribing of special courses of studies for them within the
Private University;
(j) the appointment and emoluments of employees other than those for whom provision has
been made in the statutes;
(k) the establishment of Centre of Studies, Boards of Studies, Inter¬disciplinary Studies,
Special Centres, Specialised Laboratories and other Committee;
(l) the manner of co -operation and collaboration with other Universities and authorities
including learned bodies or association;
(m) the creation, composition and functions of any other body which is considered
necessary for improving the academic mileage of the Private University;
(n) the remuneration to be paid to the examiners, moderators, invigilators and tabulators;
(o) such other terms and conditions of service of teachers and other academic staff as are
not prescribed by the statutes.
34. Ordinances, how made. - (1) In making ordinances, the Executive Council shall consult the
Management Committee.
(2) All ordinances made by the Executive Council shall have effect from such date as it may
direct.
35. Annual Report. - (1) The annual report of a Private University shall be prepared under the
direction of the Executive Council and shall be submitted to the Governing Council on or after
such date as may be prescribed and the Governing Council shall consider the report in its
annual meeting.
(2) T he Governing Council shall submit the annual report to the Chancellor along with its
comments, if any.
36. Annual Accounts. - (1) The annual accounts and balance sheet of a Private University
shall be prepared under the directions of the Executive Council and shall, once at least every
year and at intervals of not more than fifteen months, be audited by an experienced and
qualified firm of Chartered Accountant eligible for conducting audit as per the provisions of the
Chartered Accountant Act, 1949 (Central Act XXXVIII of 1949).
(2) A copy of the annual accounts, together with the audit report thereon, shall be submitted to
the Governing Council and the Chancellor along with the observations of the Executive Council
for their approval.
37. Conditions of service of employees. - (1) Every employee of a Private University shall be
appointed or engaged as per the provisions of the statutes.
(2) Any dispute arising between a Private University and any of the employee appointed
substantively, s hall be referred to the Vice -Chancellor who shall decide the dispute after
affording an opportunity to the employee within three months from the date of its reference.
(3) The aggrieved employee may file an appeal against the decision of the Vice-Chancellor to
the Chancellor. The decision of the Chancellor in such an appeal shall be final.
(4) Any dispute in respect of any employee engaged temporarily or on ad -hoc or part-time or
casual basis shall be heard and decided finally by the Head of the Department concerned.
38. Admission to Private University Courses and Examinations. - (1) (a) No person shall be
admitted to a course of study in a Private University for admission to the examinations for
degrees, titles or diplomas of the Private University unless he,-
(i) has passed the examination prescribed therefor; and
(ii) fulfills such other academic conditions as may be prescribed.
(b) Every candidate for a Private University examination shall, unless exempted from the
provisions of this sub-section by a special order of the Executive Council made on the
recommendation of the Academic Council, be enrolled as a member of the Private University.
Any such exemption may be made subject to such conditions as the Executive Council may
think fit.
(2) No candidate shall be admitted to any Private University examination unless he is enrolled
as a member of the Private University, and has satisfied the requirements as to the attendance
required for the same or unless he is exempted from such requi rements of enrolment or
attendance or both by an order of the Executive Council passed on the recommendation of the
Academic Council. Exemptions granted under this section shall be subject to such conditions as
the Executive Council may think fit.
(3) Any student or candidate for an examination, whose name has been removed from the
rolls of the Private University by the orders or recommendation of the Academic Council or
Controller of Examinations, as the case may be, and who has been debarred from appea ring at
the examinations for more than one year, may within ten days of the date of receipt of such
order, appeal to the Vice-Chancellor.
(4) Any decision taken by the Vice-Chancellor in this regard shall be final.
39. Employees provident fund and pensions. - A Private University may constitute for the
benefit of its employees such pension or welfare schemes or provident fund or provide such
insurance schemes as it may deem fit in such manner and subject to such conditions as may be
decided by the Executive Council.
40. Disputes as to the constitution of Authorities and bodies. - If any question arises as to
whether any person has been duly nominated or appointed as or is entitled to be a member of
any authority or other body of a Private University, the matter shall be referred to the Chancellor
whose decision thereon shall be final.
41. Constitution of Committees. - Where any authority of a Private University is given power
under this Act or the statutes to constitute Committees, such Co mmittees shall as otherwise
provided, consist of the members of the authority concerned and of such other persons as the
authority in each case may think fit.
42. Filling up of the vacancies. - All vacancies among the members of any authority or other
body of a Private University shall be filled as soon as may be convenient by the person or body
who appointed or nominated the members whose place has become vacant for the remaining
term for which he has been appointed or nominated.
43. Proceedings of Priva te University authorities and bodies not to be invalidated by
vacancies. - No act or proceeding of any authority or other body of a Private University shall be
invalidated merely by reason of the existence of a vacancy or of any defect or irregularity in t he
nomination of a member of any authority or other body of the Private University or of any defect
or irregularity in such act or proceeding not affecting the merits of the case or on the ground that
the authority or other body of the Private University, did not meet at such intervals as required
under this Act.
44. Removal from membership of Private University. - (1) The Executive Council may,
remove by an order in writing made in this behalf, any person from membership of any authority
of the Private Un iversity by a resolution passed by a majority of the total members of the
Executive Council and by a majority of not less than two -thirds of the members of the Executive
Council present and voting at the meeting, if such person has been convicted by the Co urt for
an offence which in the opinion of the Executive Council involves moral turpitude.
(2) The Executive Council may also by an order in writing made in this behalf remove any
person from the membership of any authority of the Private University if he becomes of unsound
mind or has been adjudicated as an insolvent.
(3) No action under this section shall be taken against any person unless he has been given a
reasonable opportunity to show cause against the action proposed to be taken.
(4) A copy of every order made under sub -section (1) or sub-section (2), as the case may be,
shall, as soon as may be after it is so made, be communicated to the person concerned in the
manner prescribed.
45. Mode of proof of Private University records. - A copy of any receipt, application, notice,
proceeding, resolution of any authority or Committee of a Private University or other documents
in possession of the Private University, if certified by the Registrar, shall be received as prima
facie evidence of such receipt, applications, notice, order, proceeding or resolution, documents
or the existence of entry in the register and shall be admitted as evidence of the matters and
transaction therein where the original would, if produced have been admissible in evidence.
46. Permanent Endowment Fund. - (1) The sponsoring body shall establish a permanent
endowment fund of at least rupees fifty crores.
(2) A Private University shall have the power to invest the permanent endowment fund in such
manner as may be prescribed.
(3) A Private University may transfer any amount from the general fund or the development
fund to the permanent endowment fund.
(4) Any amount exceeding the minimum amount specified in sub¬section (1) may be
withdrawn from the permanent endow ment fund by the Private University for the purposes of
development of the Private University.
47. General Fund. - (1) Every Private University shall establish a general fund to which the
following amount shall be credited, namely:-
(a) all fees which may be charged by the Private University;
(b) all sums received from any other source;
(c) all contributions made by the sponsoring body; and
(d) all contributions made in this behalf by any other person or body which are not prohibited
by any law for the time being in force.
(2) The moneys credited to the general fund shall be applied to meet all the recurring
expenditures of the Private University.
48. Development Fund. - (1) Every Private University shall also establish a development fund
to which the following moneys shall be credited, namely:-
(a) development fees, which may be charged from students;
(b) all sums received from other sources for the purpose of the development of the Private
University;
(c) all contributions made by the sponsoring body;
(d) all contributions made in this behalf by any other person or body which are not
prohibited by any law for the time being in force; and
(e) all incomes received from the permanent endowment fund.
(2) The moneys credited to the development fund from time to time shall be utilised for the
development of the Private University.
49. Maintenance of Fund. - The funds established under sections 46, 47 and 48 shall subject
to general supervision and control of the Governing Council, be regulated a nd maintained in
such manner as may be prescribed.
50. Power of Government to call for information and records. - (1) It shall be the duty of a
Private University or any authority or oExcerpt shown. Open the full act in Lexace.