[28
April 2022] In exercise of the powers
conferred by sub-section (1) of section 62 of the Atria University Act-2020
(Karnataka Act No.22 of 2021), the Government of Karnataka hereby makes the
following rules, namely:- (1)
These rules may be called the Atria
University Rules, 2022. (2)
They shall come into force with effect from
the date of their publication in the official Gezette. (1)
In this Rules, unless the context otherwise
requires- (a)
"Act" means the Atria University
Act, 2020 (Karnataka Act No.22 of 2021); (b)
"Section" means section of the Act; (c)
"Council" means the Karnataka State
Higher Education Council; (2)
The words and expressions used these rules
but not defined shall have the same meanings as assigned to them in that Act. (1)
The salary and allowances payable to the
teaching faculty shall be on par with the U.G.C Pay scales. (2)
The salary and allowances of other employees
shall be on par with the other State Government Employees of equivalent rank. (3)
The method of recruitment of teaching staff
shall be in accordance with the U.G.C regulations issued from time to time in
respect of non-teaching staff shall be in accordance with merit and with
recruitment policy of State Government as the case may be. (1) The
University shall send a proposal along with the approval of the Sponsoring Body
and the Board of Governors to the Council well before the commencement of the
each academic year for starting of new courses as per the course specification
of U.G.C, A.I.C.T.E and other National Accreditation Bodies as the case may be. Provided that Sponsoring
Body and the Board of Governors before approving the proposal of institution of
new courses, shall ensure requisite additional facilities having been created
and requisite staff having been appointed as per the norms and standards of concerns
Regulatory Authorities. (2) On
receipt of the application under sub-rule (1), the Council shall direct an
inspection to be made by expert committee. Provided the expert
committee constituted by the Council shall consist of atleast one former
Vice-Chancellor of State Public University. (3)
The Executive Director, the Council shall
submit the application and its transcripts and the report of the expert
committee to the State Government for taking a decision thereon. (4)
The State Government shall consider such
applications in the light of recommendation of the expert committee and after
such enquiry as may appear to it to be essential, shall permit the University
to start new courses or reject the proposal as the case may be, including the
variation in the intake. (5)
Any application made under sub-rule (1) may
be withdrawn by the University at any time before a permission or rejection is
made under sub- rule (4). (1)
The University if intends to close down the
existing course in view of its in capacity or financial viability or dearth of
admissions shall submit application to the State Government in writing of not
less than 3 months prior to intended closure of the course, stating the reasons
therefor; (2)
The State Government on consideration of the
same shall issue directions either to permit the closure or to reject the
closure. (3)
The University shall not close the courses
during the currency of the academic year and until the last batch of students
in the course complete their course of studies and annual examinations
conducted by it in respect of course of study or over. The provisions of rule (4)
shall mutatis mutandis apply for enhancement or reduction in intake of the
courses in the University. (1)
For the purpose of ascertaining the standards
of teaching, examination and research or any other matter relating to the
University, the Government may, after consultation with Vice-Chancellor, cause
an assessment to be made by the Expert Committee constituted by the Government
consisting of 3 eminent Educationist, one of them shall be Former
Vice-Chancellor of State Public University. (2)
On receipt of the report from the Expert
Committee, the Government shall communicate its recommendations in regard to
result of assessment for corrective action and the University shall take the
corrective measures as are necessary so as to ensure the compliance of the recommendations.
If the University fails to comply with the recommendations made under
sub-section(2), within a reasonable time the Government may give such
directions as it may deem fit which shall be binding on the University. (1)
The Permanent Statutory endowment fund shall
be pledged in the name of Director, Collegiate Education, Karnataka, who shall
also be the custodian for all documents and instruments related to the
permanent statutory endowment fund and its investment in a Nationalized Bank in
accordance with the provisions of the Act. (2)
In case the University or the sponsoring body
contravenes any of the provisions of the Act, Statutes, Ordinance, regulations
or rules made there under, a part or whole of the endowment fund may be
forfeited by the Government but before such Forfeiture, a show cause notice
shall be served by the Government on the sponsoring body or the University, as
the case may be; (3)
the Government shall, among other things,
duly consider the reply submitted by the sponsoring body or the University. (4)
In case the reply to show cause notice issued
under sub-rule (2) is not submitted by the sponsoring body or the University
within 45 days of the notice, the government may decide the case without waiting
for such reply. (5)
the forfeited amount of permanent endowment
fund shall vest in the government and it shall be used in the manner to be
specified by the Government at the time of forfeiture. (6)
All other funds called General Fund under
section 50 and Development Fund under section 51 shall be maintained in double
entry Book keeping method, and shall be kept in a nationalized or Scheduled
Bank. (7)
Permanent statutory Fund, General Fund and
Development Fund shall be audited by the Chartered Accountant and annual
Statement of accounts along with Audit report and its compliance shall be
annually submitted to the State Government through the Director of Collegiate
Education. (1)
On receipt of the reply from University to
the Show Cause Notice referred to in proviso of sub-section (4) of section 59
of the Act, if the Government is satisfied that there is a prima-facie case of
contravention of all or any of the provisions of the Act or the Rules, Statutes
and Ordinances made there under or of contravention of the directions issued by
it under the Act or of financial mismanagement or mal administration or
indiscipline, it shall make an order of such enquiry, as it may consider
necessary. (2)
The Government shall, for the purpose any
inquiry under sub-section(1) Constitute a Commission of inquiry headed by
retired Supreme Court or High Court Judge to enquire into any of the
allegations and to make report thereon. (3)
On receipt of the enquiry report from the
Commission appointed under sub-section (2), if the Government is satisfied that
the University has contravened all or any of the provisions of this Act or the
rules, statutes, or ordinances made thereunder or has violated any of the
directions issued by it under this Act or has ceased to carry out the powers
and functions by it as laid down in section 8 of this Act, or, a situation of
financial mis-management and mal-administration has arisen in the University
which threatens the academic standard of the University, it shall issue a
preliminary order for the liquidation of the University and appoint an
administrator. (4)
The administrator appointed under sub-section
(3), shall have all the powers and be subject to all the duties of the
Governing Body and the Board of Management under the Act and shall administer
the affairs of the University until the last batch of the students of the
regular courses have completed their courses and they have been awarded
degrees, diplomas or awards, as the case may be. (5)
After having corrected the mis-management or
awarded the degrees, diplomas or awards, as the case may be, to the last
batches of students of the regular courses, the administrator shall make a
report to the Government. (6)
On receipt of the report under sub-section
(5), the Government shall, by notification in the official Gazette, issue a
final order dissolving the University and from the date of publication of such
notification, the University shall stand dissolved and all the assets and
liabilities of the University shall vest in the Sponsoring Body from such date. (7)
It shall be competent for the Government to
take action as per the provisions of the Act on such dissolution and run the
university in the public interest and in the interest of the students till the
last batch of students are provided all facilities to complete their courses
and get their degrees or diplomas.Atria University Rules, 2022