[15
OF 2023] [13th
March 2023] An Act to establish and
incorporate in the State of Karnataka a University of unitary in nature in
private sector by the BMS Educational Trust, Bengaluru to promote and undertake
the advancement of applied University education in Sciences, all branches of
Engineering, Arts, Management, Commerce, Social Sciences and Humanities Programmes
and for the matters connected therewith or incidental thereto. Whereas it is expedient to
establish and incorporate in the State of Karnataka a University of unitary in
nature in private sector by the BMS Educational Trust, Bengaluru to promote and
undertake the advancement of applied University Education in Sciences all
branches of Engineering, Arts, Management, Commerce, Social Sciences and
Humanities Programmes, and for the matters connected therewith or incidental
thereto for the purposes hereinafter appearing. Be it enacted by the
Karnataka State Legislature in the seventy-fourth year of the Republic of India
as follows:- CHAPTER 1 PRELIMINARY (1)
This Act may be called the BMS University
Act, 2023. (2)
It extends to the whole of the State of
Karnataka. (3)
It shall come into force on such date as the
Government may, by notification, in the official Gazette, appoint. (a)
"Academic Council" means the
Academic Council of the University as specified in section 26; (b)
"Agenda Matters" means all the
matters and business to be designated in the Statutes each of which can be
either included in the Agenda or be taken up for discussion and decision at a
meeting of the Board of Governors or the Board of Management or any Committees
or other authorities as the case may be, only subject to the prior written
approval of the Chancellor, consenting to the passing of such matters and
business at such a meeting; (c)
"Board of Governors" means the
Board of Governors of the University as specified in section 24; (d)
"Board of Management" means the
Board of Management of the University as specified in section 25; (e)
"Chancellor",
"Vice-Chancellor", "Pro Vice-Chancellor" means respectively
the Chancellor, Vice Chancellor and Pro Vice Chancellor of the University. (f)
"Campus" means a camps established,
maintained by the University, situated within the State ; (g)
"Committees" means the committees
formed under this Act or by the various functionaries of the University as the
case may be and includes the Nomination Committee, the Finance Committee and
such other committees; (h)
"Constituent College" means a
college or institution established and maintained by the University; (i)
"Finance Committee" means the
Finance Committee of the University as specified in section 28; (j)
"Government" means the Government
of Karnataka; (k)
"National Accredition Bodies" means
a body established by the Central Government for laying down norms and
conditions for ensuring academic standards of higher education, such as
University Grants Commission, All India Council of Technical Education,
National Council of Teacher Education, Council of Scientific and Industrial
Research, Council of Architecture and includes the Government; (l)
"Prescribed" means prescribed by
rules made by the Government under this Act; (m)
"Principal in relation to a Constituent
College" means the head of the Constituent College and includes, where
there is no Principal or in the absence of the Principal appointed, the
Vice-Principal or any other person for the time being appointed to act as
Principal; (n)
"Private University" means a
University duly established through a state Act by a sponsoring body viz. a
Society registered under the Societies Registration Act 1860, or any other
corresponding law for the time being in force in a State of a Public Trust or
company register under section 25 of the Companies Act, 1956; (o)
"Registrar" means the Registrar of
the University; (p)
"Regional Centre" means a centre
established or maintained by the University for the purpose of coordinating and
supervising the work of Study Centers in any region within the State and for
performing such other functions as may be conferred on such centre by the Board
of Management; (q)
"Sponsoring Authority" or
"Sponsoring Body" in relation to this Act means the Trust; (r)
"State" means the State of
Karnataka; (s)
"Statutes" and
"Regulations" means respectively, the Statutes and Regulations of the
University made under this Act; (t)
"Study Centre" means a centre
within the State established and maintained by the University for the purpose
of advising, counseling or for rendering any other assistance required by the
students in the context of education; (u)
"Teacher" means and includes a
Professor, Associate Professor, Assistant Professor, appointed as per
University Grants Commission or All India Council of Technical Education
regulations drawing salary as per pay scale of University Grants Commission or
All India Council of Technical Education norms as applicable or such other
person as maybe appointed for imparting instruction as per University Grants
Commission or All India Council of Technical Education norms and drawing salary
as per pay scale of University Grants Commission or All India Council of
Technical Education norms as applicable or conducting or to guide research in
the University or in a constituent college and includes the Principal of
constituent college in conformity with the norms Specified by the University
Grants Commission; (v)
"Trust" means BMS Educational
Trust, registered under the Companies Act, 1956 (Central Act 01 of 1956); (w)
"University Grants Commission"
means the Commission established under section 4 of the University Grants
Commission Act, 1956 (Central Act 3 of 1956); (x)
"University" means " The BMS
University"; (y)
"Visitor" means the visitor of the
University as specified in section 12. CHAPTER 2 THE UNIVERSITY AND SPONSORING BODY (1)
The Trust shall have the right to establish
the University of unitary in nature subject to and in accordance with the
provisions of this Act. (2)
The proposal to establish a University shall
be made to the Government by the Trust. (3)
The proposal shall contain the following
particulars, namely:- (i)
the objects of the University along with the
details of the Trust; (ii)
the extent and status of the University and
the availability of land and land shall be in the name of the trust; (iii)
the nature and type of programmes of study
and research to be undertaken by the University during a period of five
academic years immediately following the commencement date; (iv)
the nature of faculties, courses of study and
research proposed to be started; (v)
the campus development such as buildings,
equipment and structural amenities; : (vi)
the phased outlays of capital expenditure for
a period of five academic years immediately following the commencement date; (vii)
the item-wise recurring expenditure, sources
of finance and estimated expenditure for each student; . (viii)
the scheme for mobilizing resources and -the
cost of. capital thereto and the manner of repayments to each source; (ix)
the scheme of generation of funds internally
through the recovery of fee from students, revenues anticipated from
consultancy and other activities relating to the objects of the University and
other anticipated incomes; (x)
the details of expenditure on unit cost, the
extent of concessions or rebates in fee, freeship and scholarship for students
belonging to economically weaker sections and the fee structure indicating
varying rate of fee, if any, that would be levied on students who are either
non resident Indians or persons of Indian origin or sponsored by non resident
Indians or person of Indian origin and students of nationalities other than
India. (xi)
the years of experience and expertise in the
concerned discipline at the command of the Trust as well as the financial
resources; (xii)
the system for selection of students to the
courses of study at the University; and (xiii)
status of fulfillment of such other
conditions as may be required by the Government under this Act to be fulfilled
before the establishment of the University. (4)
A Screening Committee shall be constituted by
the Government consisting of three members who are Ex-officio members of
Karnataka State Higher Education Council to examine the proposals received from
the trust, which shall make recommendations to the Government for the
establishment of the University. (1)
Where the Government, after considering the
recommendations of the Screening Committee and holding such inquiry as it may
deem necessary, is satisfied that,- (i)
the trust has ability to run an University
with sufficient infrastructure, (ii)
is the sole owner of land to the extent of
twenty acres; (iii)
land in the name of trust to the extent
specified below in accordance with its location, namely:- (a)
The Land shall be in single block or two
blocks only including whole area in the limits of Bruhat Bengaluru Mahanagara
Palike as well as Bengaluru metropolitan Region Development Authority; (b)
It shall be in single block or two blocks
within the limits of Mysuru, Mangaluru, Hubballi-Dharwad, Belagavi, Kalaburagi,
Tumakuru, Ballari, Shivamogga, Davangere and Vijayapura Municipal Corporation
and related planning areas. (c)
Single block or two blocks in the Places
other than the places specified in clause (a) and (b): Provided that, the
university shall fulfill all other conditions specified in Government Order No.
ED/449/URC/2016, dated: 24.01.2017 with amendments. (iv)
Adequate financial resources for creating the
specified Statutory Funds and conducting the University affairs; and (v)
Experience or expertise in running higher
Education Institutions. Based on the furnished particulars required in
sub-section (3) of section 3, the Government may direct the Trust to establish
the permanent Statutory Endowment Fund as specified in section 48. (2)
After the establishment of the Permanent
Statutory Endowment Fund, the Government may, by notification, in the official
Gazette, accord sanction for establishment of the University of unitary in
nature in the State by the name of BMS University. (3)
The headquarters of the University shall be
at Bull Temple road, Basavanagudi, Bengaluru and Avalahhali Village, Yalahanka
Hobli, Bengaluru North Taluk, Bengaluru. The University shall have Campuses or
Regional Centres, Study: Centres anywhere in Karnataka after five years of
establishment of the university subject to the prior permission of the
University Grants Commission and then the Government. (4)
The First Chancellor, the First Vice-
Chancellor, the First members of the Board of Governors, First members of the
Board of Management and the Academic Council and all persons who may hereafter
become such officers or members, so long as they continue to hold such office
or membership, shall constitute a body corporate and can sue and be sued in the
name of the University. (5)
On sanction for the establishment of the
University under sub-section (2), the land and other movable and immovable
properties acquired, created, arranged or built by the Trust for the purpose of
the University shall vest in the University. (6)
In all suits and other legal proceedings by
or against the University, the pleading shall be signed and verified by, and
all processes in such suits and proceedings shall be issued to and be served on
the Registrar. (7)
The land, building and other properties of
the University shall not be used for any purpose other than incidental to the
objects of the University. (8)
The university shall fulfill the minimum
criteria in terms of programmes, faculty, infrastructural facilities, financial
viability, etc., as laid down from time to time by the University Grants
Commission and other concerned statutory bodies such as the All India Council
for Technical Education (AICTE). (9)
The courses of studies prescribed for a first
degree and/or the postgraduate degree or diploma programmes shall have been
formally approved by the respective academic bodies of the university, such as
Board of Studies, Academic council and Governing or Executive Council and Board
of Governors. (10)
The programmes of study leading to a degree
and/or a post-graduate degree or diploma offered by the university shall
conform to the relevant regulations or as per University Grants Commission or
the concerned statutory body as amended from time to time. (11)
The university shall provide all the relevant
information relating to the first degree and post graduate degree or diploma
programmes including the curriculum structure, contents, teaching and learning
process, examination and evaluation system and the eligibility criteria for
admission of students, to the University Grants Commission on a proforma
prescribed by the University Grants Commission prior to starting of these
programmes and the same shall also be published in the university website as
mandatory disclosure and a copy of it shall also be submitted to the Government. (12)
The University Grants Commission on detailed
examination of the information made available as well as the representations
and grievances received by it from the students as well as concerned public
relating to the deficiencies of the proposed programmes not conforming to
various University Grants Commission Regulations, shall inform the concerned
university about any shortcomings in respect of conformity to relevant
regulations, for rectification. The university shall offer the programmes only
after necessary rectification. The University shall inform immediately about
such reports from University Grants Commission to the Government and also about
the action taken report on such rectifications recommended by the University
Grants Commission. (13)
The admission procedure and fixation of fees
shall be in accordance with the norms/guidelines prescribed by the University
Grants Commission and other concerned statutory bodies and the Government. As a
part of mandatory disclosure the University shall disclose the number of seats
sanctioned for each programme, intake and detailed fee structure on its website
for information of all stakeholders. (14)
The University Grants Commission and the
Government may cause periodic inspection of the university and its off-campus
centres, study centres, offshore campuses etc., offering its programmes. For
this purpose, the University Grants Commission and the Government may call for
all relevant information from the university, as provided in the University
Grants Commission (Returns of Information by Universities) Rules, 1979 as
amended from time to time. (15)
After inspection and assessment of the
university providing first degree and/or post graduate degree or diploma
courses, the University Grants Commission may indicate to the university any
deficiency and non-conformity with the relevant University Grants Commission
Regulations and give it reasonable opportunity to rectify the same. If the
Commission is satisfied that the private university has, even after getting an
opportunity to do so, failed to comply with the provisions of any of the
Regulations, the Commission may pass an order prohibiting the private
university from offering any course for the award of the first degree and / or
the post - graduate degree or diploma, as the case may be, till the deficiency
is rectified. The university shall communicate the directions given to them by
University Grants Commissions within fifteen days to the Government. (16)
The University Grants Commission may take
necessary action against the university awarding a first degree and / or a
post-graduate degree or diploma, which are not specified by the University
Grants Commission, and inform the public in general through a public
notification. The university continuing such programmes and awarding unspecified
degrees shall be liable for penalty under section 24 of the University Grants
Commission Act, 1956 (Central Act 03 of 1956). (i)
to provide instruction, teaching, training,
research, consultancy and development in various disciplines in areas such
Science, all branches of Engineering, Arts Management, Commerce Social Science,
Humanities programs including other allied fields of development and make
provisions for research, advancement and dissemination of knowledge on these
fields; (ii)
to design and deliver high quality training,
capacity building and development systems for teachers in higher and
professional education, administrators and professionals working in Government,
Public and Private Sectors and development professionals in other systems; (iii)
to develop resource centers to contribute to
quality education; (iv)
to establish Campuses and have study centers,
Constituent Colleges and Regional Centres at various locations in Karnataka
after a period of five years and to contribute and develop an understanding of
educational changes in Technical and professional education and social and
human development as per norms of the University Grants Commission subject to
the prior permission of the University Grants Commission and then the
Government; (v)
to institute degrees, diplomas, certificates
and other academic distinctions like award of credits on the basis of
successful completion of academic work evaluated through multiple methods of
assessment; (vi)
to collaborate with any other universities,
research institutions, non-profit organizations, industry association,
professional, associations or other organizations, to conceptualize, design,
develop and offer specific educational and research programmes, training
programmes and exchange programmes for students, faculty members and others; (vii)
to disseminate knowledge and develop a public
debate on issues of education and allied development fields through seminars,
conferences, executive education programmes, community development programmes,
publications and training programmes and events;. (viii)
to undertake programmes for development and
training of faculty and researchers of the University in partnership with any
other institutions of quality with prior approval of the Government; (ix)
to undertake collaborative research and
advocacy with any organizations with prior approval of the Government; (x)
to undertake necessary or expedient action to
pursue and promote the objectives of the University; and (xi)
to pursue any objectives as may be approved
by the Government for the enhancement of the education and other development
sectors. (i)
to establish and maintain Campuses, Regional
centers and Study Centers in Karnataka as may be determined by the University
from time to time in the manner laid down by the Statutes subject to the prior
permission of the University Grants Commission and then the Government; (ii)
to carry out all such other activities as may
be necessary or feasible in furtherance of the object of the University, (iii)
to confer degrees or other academic
distinctions in the manner and under conditions laid down in the Statutes; (iv)
to institute and award fellowships,
scholarships and prizes, awards, medals etc., in accordance with the Statutes; (v)
to demand and receive such fees bills, invoices
and collect charges as may be fixed by the Statutes or rules, as the case may
be; (vi)
to make provisions for extracurricular
activities for students and employees; (vii)
to make appointments of the Faculty, officers
and employees of the University or a Constituent College, Campuses, Regional
Centres and Study Centres; (viii)
to receive voluntary donations and gifts of
any kind not prohibited by any Law for the time being in force and to acquire,
hold, manage, maintain and dispose of any movable or immovable property,
including trust and endowment properties for the purpose of the University or a
Constituent College or a Campus, Regional Centres and Study Centres; (ix)
to institute and maintain hostels and to
recognize places of residence for students of the University or a Constituent
College; (x)
to supervise and control the residence and to
regulate the discipline among the students and all categories of employees and
to lay down the conditions of service of such employees, including the Code of
Conduct for the students and employees; (xi)
to create academic, administrative and
support staff and other necessary posts; (xii)
to co-operate and collaborate with other
Universities in such a manner and for such purposes as the University may
determine from time to time. (xiii)
to organize and conduct refresher courses,
orientation courses, workshops, seminars and other programmes for teachers,
lesson writers, evaluators and other academic staff; (xiv) to
determine standards of admission to the University or a Constituent College,
Regional Centres, Study Centres with the approval of Academic Council and to
make admission of students of Karnataka not less than the extent provided in
this Act; (xv)
to do all such other acts or things whether
incidental to the powers aforesaid or not, as may be necessary to further the
objects of the University; (xvi) to
institute Degrees, Diplomas, Certificates and other academic distinctions with
the prior approval of the Government and the concerned statutory authorities on
the basis of regular or online examination or online evaluation or any other
method of evaluation approved by the University Grants Commission and then the
Government; (xvii) to
provide for the preparation of instructional materials, including films,
cassettes, tapes, video cassettes, CD, VCD, Pen Drives and other software and
other relevant electronic and print media; (xviii)
to raise, collect, subscribe and borrow money
with the approval of the Board of Governors whether on the security of the
property of the University, for the purposes of the University; (xix) to
acquire and takeover and run the management of any other educational
institutions with the prior approval of the Government: (xx)
to acquire properties with the prior approval
of the Board of Management; and (xxi) to
undertake any other activities connected with or incidental to above objectives
of the University. (xxii) Mandatory
skill Development courses shall be conducted by the University. Provided that, forty percent
of the admissions in all courses of the university shall be reserved for the
students of Karnataka State and admissions shall be done as below,- (i)
for Technical and professional Courses
admission shall be done on the basis of the merit list through a Common
Entrance Test conducted by the Central Government or Government or its agency,
as the case may be or through any method as specified by the Government from
time to time; (ii)
in case of all non-technical courses the
admission shall be done on the basis of the merit list prepared on the basis of
marks obtained in the respective qualifying exams or through any method as
specified by the Government from time to time: Provided further that, seats
in the above cases in this section shall be allotted as per merit and
reservation policy of the Government framed from time to time. (i)
to appoint or re-appoint or terminate the
appointment of the Chancellor; (ii)
to constitute the first Board of Governors of
the University; (iii)
to nominate the chairperson of the Board of
Governors; (iv)
to nominate three persons as members of the
Board of Governors; (v)
to nominate two persons as members of the
Board of Management; (vi)
to determine the source of funds to be
contributed to the University Endowment Fund; (vii)
to determine the application and spending of
monies by the University; and (viii)
to resolve any conflict at the meeting of the
Board of Governors in the manner provided for in this Act. CHAPTER 3 OFFICERS OF THE UNIVERSITY (i)
The Visitor; (ii)
The Pro-visitor; (iii)
The Chancellor: (iv)
The Pro-Chancellor; (v)
The Vice-Chancellor; (vi)
The Pro Vice-Chancellor; (vii)
Deans of faculties; (viii)
The Registrar; (ix)
The Finance Officer; and (x)
Such other officers as may be declared by the
Statutes to be officers of the University. (1)
His Excellency the Governor of Karnataka
shall be the Visitor of the University and the visitor may offer suggestions
for the improvement of the functioning of the University. (2)
The Visitor shall preside at the convocation
of the University for conferring degrees and diplomas. (3)
The Visitor shall have the following powers,
namely:- (i)
to call for any paper or information relating
to the affairs of the University; and (ii)
on the basis of the information received by
the Visitor and if he is satisfied that any order, proceedings or decision
taken by any authority of the University is not in conformity with the Act,
Regulations, or Rules, he may issue such directions as he may deem fit in the
interest of the University and the directions so issued shall be complied with
by all the concerned. (1)
The Honble Minister for Higher Education,
Government of Karnataka shall be the pro-visitor of the University. (2)
The pro-visitor shall, when the Visitor is
absent, preside at the Convocation of the University for conferring degrees and
diplomas. (1)
The Sponsoring Body shall appoint the Donor
Trustee of the Sponsoring body as the first Chancellor for a term of three years; (2)
After the expiry of term of three years, the
Sponsoring body shall appoint its life trustee as Chancellor for a term of
three years. (3)
In the process of appointment of the
Chancellor as stated above, the procedure in sub-section (1) and (2), shall continue
in the similar style and sequence thereafter. (4)
The Sponsoring Body may appoint
Pro-Chancellor who shall be a trustee of the Sponsoring body. (5)
The Chancellor shall have such powers as may
be conferred on him by this Act or the Statutes made there under, which shall
include the following powers, namely:- (i)
to function as the head of the University; (ii)
to preside at all convocations of the
University in absence of visitor and provisitor; (iii)
to function as a Chairperson of the Board of
Governors of the University; (iv)
to appoint or re-appoint or terminate the
appointment of the Vice-Chancellor, in accordance with the provisions of this
Act and the Statutes; (v)
to propose the appointment of the Pro
Vice-Chancellor, the Dean, the Registrar and the Finance Officer; (vi)
to appoint the first Pro Vice-Chancellor and
the Finance Officer; (vii)
to constitute the first Board of Management,
the Finance Committee, the Research Council and the Academic Council; (viii)
to approve the Agenda matters in the manner
provided for in the Act; and (ix)
to resolve a conflict (excluding conflicts at
a meeting of the Board of Governors) in the manner provided in this Act. (6)
In the event of there being a conflict
inter-se between the functionary or body and any other functionary or body of
the University, then the issue shall be referred to the Chancellor and the
decision of the Chancellor in respect of such issue shall be final and binding
on the University. (1)
The Sponsoring body shall appoint the life
trustee of the Sponsoring body as the first Pro-Chancellor. This appointment
shall be for a tenor of three years and other terms and conditions as may be
laid down in the statutes. (2)
After the expiry of the term of three years,
the Sponsoring body shall appoint its Donor trustee as Pro-Chancellor for a
term of three years; (3)
The Process of appointment of the
Pro-Chancellor as stated above, in clauses (1) and (2), shall continue in the
similar style and sequence thereafter. (1)
The Vice- Chancellor shall be appointed by
the Chancellor in consultation with the Pro-Chancellor, for a term of three
years subject to other terms and conditions as may be laid down by the Statutes
from among three persons recommended by the Nomination Committee constituted in
accordance with the provisions of sub- section (3). (2)
The Nomination Committee referred to in
sub-section (1), shall consist of the following persons, namely:- (i)
One person nominated by the Sponsoring Body,
who shall be the convener of the nomination committee; One person nominated by the
Governing body; and One person nominated by the
Academic Council. (3)
The Nomination Committee shall, on the basis
of merit, recommend three persons suitable to hold the office of the
Vice-Chancellor and forward the same to the Chancellor along with a concise
statement showing the academic qualifications and other distinctions of each
person. (4)
The Vice-Chancellor shall be the Principal
Executive and Academic Officer of the University and shall exercise general
supervision and control over the affairs of the University and give effect to
the decisions of the authorities of the University: Provided that, where any
matter, other than the appointment of a Teacher is of urgent nature requiring
immediate action and the same could not be immediately dealt with by any
officer or the authority or other body of the University empowered by or under
this Act to deal with it, the Vice-Chancellor may take such action as he may
deem fit with the prior written approval of the Chancellor. (5)
The Vice- Chancellor shall exercise such
other powers and perform such other duties as may be laid down by the Statutes
or the Rules: Provided that, where in the
opinion of the Vice-chancellor, any decision of any authority of the university
is outside the powers conferred by this Act or Statutes, Regulations or Rules
made there under or is likely to be prejudicial to the interests of the
university, he shall request the concerned authority to revise its decision
within fifteen days from the date of its decision and in case the authority
refuses to revise such decision wholly or partly or fails to take any decision
within fifteen days, then such matter shall be referred to the Chancellor and
his decision thereon shall be final. (6)
The services of the Vice-Chancellor can be
terminated by the Chancellor with the approval of the Board of Governors after
following the principles of natural justice and after providing an opportunity
to present his case including, for termination on, disciplinary grounds. (7)
The Vice-Chancellor shall preside at the
Convocation of the University in the absence of the Visitor, the Pro-Visitor,
the Chancellor and the Pro-Chancellor. (1)
The Registrar shall be appointed by the
Chancellor in such manner and on such terms and conditions as may be laid down
by the Statutes. (2)
All contracts as defined in statutes shall be
entered into, and signed by the Registrar on behalf of the University. (3)
The Registrar shall have the power to
authenticate records on behalf of the University and shall exercise such other
powers and perform such other duties as may conferred by the statutes or may be
required from time to time, by the Chancellor or the Vice-Chancellor. (4)
The Registrar shall be responsible for the
due custody of the records and the common seal of the University and shall be
bound to place before the Chancellor, the Vice Chancellor or any other
authority all such information and documents as demanded. CHAPTER 4 AUTHORITIES OF THE UNIVERSITY (i)
The Board of Governors; (ii)
The Board of Managements; (iii)
The Academic Council; (iv)
The Research and Innovation Council; (v)
The Finance Committee; and (vi)
Such other authorities as may be declared by
the Statutes to be the authorities of the University. (1)
The Board of Governors shall consist of the
following, namely:- (i)
The Chancellor - Chairperson; (ii)
The Pro-Chancellor - Member; (iii)
The Vice-Chancellor - Member; (iv)
The Secretary to the Government in the Higher
Education or by his nominee not below the rank of Deputy Secretary - Ex-officio
member; (v)
One expert from the field of management,
finance or any other specialization, including administration to be nominated
by the Government- member; (vi)
Three persons nominated by the Sponsoring
Body of whom one shall be woman - member; and (vii)
The Pro Vice-Chancellor who shall be a
non-voting member. (2)
The Registrar shall be non-voting member
Secretary of Board of Governors. (3)
The tenure of office of the members of the
Board of Governors, appointment of members, other than Government nominees,
renewal and removal, etc: shall be such as may be laid down by the Statutes. (4)
All meetings of the Board of Governors shall
always be chaired by the Chancellor and in his absence by any one of the
nominees of the Chancellor. If Chancellor has not nominated any person to Chair
such a meeting, members present in the meeting shall elect the Chairperson for
that meeting only from among themselves by a simple majority. (5)
Quorum for all meetings of the Board of
Governors shall be three members attending and voting at such meeting: Provided that, the presence
of either the Chancellor or one nominee of the Sponsoring Body and in the
absence of the Chancellor or one nominee of Sponsoring Body, the Vice
Chancellor, shall always be necessary to form the quorum for any meeting of the
Board of Governors. (6)
The Board of Governors shall be the Principal
Governing Body of the University and shall have the following powers, namely:- (i)
to appoint the Statutory Auditors of the
University; (ii)
to lay down policies to be pursued by the
University; (iii)
to review decisions of the other authorities
of the University if they are not in conformity with the provisions of this
Act, or the Statutes or the Rules; (iv)
to take decision about voluntary winding up
of the University with approval of Government; (v)
to approve proposals for submission to the
Government; and (vi)
to take such decisions and steps as are found
desirable for effectively carrying out the objects of the University. (7)
The Board of Governor shall, meet at least
four times a year. (8)
The Board of Governors shall meet at such
time and place as may be specified by Statute. (9)
The agenda and proceedings of the Board of
Governors shall be put up on the website of the University as a part of
mandatory disclosures in addition to the proceedings of the meeting shall be
live stream. (1)
The Board of Management shall consist of the
following, namely:- (i)
The Vice Chancellor; (ii)
The Pro-Vice Chancellors; (iii)
The Registrar; (iv)
Two nominees of the Sponsoring Body; and (v)
Two Deans of the faculties as nominated by
the Vice Chancellor. (2)
The Vice Chancellor shall be the Chairperson
of the Board of Management and the Registrar shall be the Secretary of the
Board of Management. (3)
The Board of management shall be the
executive body of the University. The powers and functions of the Board of
Management shall be such as may be specified by the statutes. (4)
All meetings of the Boards of Management
shall always be chaired by the Vice Chancellor and in the absence of the Vice
Chancellor, by the nominee of the Sponsoring Body and where the Sponsoring Body
has not nominated any nominees, then by any other member as elected by the
members present in the meeting; (5)
In the event of a conflict of opinion at the
meeting of the Board of Management, the issue shall be referred to the
Chancellor and the decision of the Chancellor in respect of such issue shall be
final and binding on the University. (6)
The agenda and proceedings of the Board of
management shall be put up on the website of the University as a part of
mandatory disclosures. (1)
The Academic Council shall consist of the
following, namely: - (i)
The Vice-Chancellor – Chairperson (ii)
The Pro Vice Chancellor – Member (iii)
The Registrar – Secretary (iv)
Such other members as may be specified by the
Statutes. (2)
The Academic Council shall be the principal
academic body of the University and shall, subject to the provisions of this
Act, the Statutes, Regulations and the Rules, and as per Regulations of
existing University Grants Commission, relevant Rules and Regulations of
Government of India and Government of Karnataka to co-ordinate and exercise
general supervision over the academic policies of the University. The agenda
and proceedings of the Academic Council shall be put up on the website of the
University as a part of Mandatory Disclosures. (1)
Research and Innovation Council shall be the
Principal Research and Innovation Council of the University and shall provide
the larger holistic vision of the kind of research to be undertaken by the University,
including prioritization of the research areas. Research and Innovation Council
shall, subject to the provisions of this Act, the Statutes, the Regulations and
the Rules, coordinate and exercise general, supervision over the Innovation and
Research policies of the University. (2)
The Research and Innovation Council shall
consist of the following, namely:- (i)
The Vice- Chancellor – Chairperson (ii)
The Pro Vice-Chancellor – Member (iii)
The Dean of Research – Secretary (iv)
Head of the Department of Innovation – Member (v)
Deans of all Faculties – Members (vi)
Such other members as may be specified in the
Statutes. (1)
The Finance Committee shall consist of the
following, namely:- (i)
The Chancellor or his Nominee – Chairperson (ii)
The Pro-Chancellor – Member (iii)
The Vice-chancellor – Member (iv)
The Registrar – Member (v)
The Finance Officer – Secretary (vi)
One nominee of the Sponsoring Body – Member (vii)
Such other members not more than thirty as
may be specified in the statutes. (2)
The Finance Committee shall be the principal
financial body of the University to take care of financial matters and shall,
subject to the provisions of this Act, Rules and Statutes and as per
Regulations of existing University Grants Commission, relevant Rules and
Regulations of Government of India and Government of Karnataka to co-ordinate
and exercise general supervision over the financial matters of the University.
The agenda and proceedings of the Finance Committee shall be put up on the
website of the University as a part of Mandatory Disclosures. (a)
is of unsound mind and stands so declared by
a competent court; (b)
is an undischarged insolvent; (c)
has been convicted of any offence involving
moral turpitude; (d)
conducting or engaging himself in private
coaching classes; (e)
has been punished for indulging in or
promoting unfair practice in the conduct of any examination, in any form,
anywhere; and (f)
as and when the Board of Governors were to
form an opinion in writing that a Member of any of the authorities or bodies is
unfit to hold the post. (1)
No Agenda Matter shall be either included in
the Agenda for or taken up for discussion and decided in, the meeting of the
Board of Governors or the Board of Management or any Committees without
obtaining the Prior written approval of the Chancellor. (2)
In the event of breach of any provisions of
this Act, the Chancellor shall be entitled at all time to immediately take
remedial action by reversing all decisions taken by any functionary or body of
the University in breach of the provisions of the Act and consequent upon the
pursuit of such a remedial action all such actions taken by the functionary or
body of the University in breach of the provisions of the Act shall be deemed
to be null and void, ab-initio and consequently the status quo ante shall
prevail in respect of the matter or decision in breach. CHAPTER 5 STATUTES AND REGULATIONS (i)
the procedure for transaction of business of
the Authorities of the University and the composition of bodies not specified
in this Act; (ii)
subject to section 52, the operation of the
permanent statutory endowment fund, University endowment fund, the general fund
and the development fund; (iii)
the terms and conditions of appointment of
the Vice-Chancellor, the Registrar and the Finance Officer and their powers and
functions; (iv)
the mode of recruitment and the terms and
conditions of service of the other officers, Teachers and employees of the
University; (v)
the procedure for resolving disputes between
the University and its officers, Faculty members, employees and students; (vi)
creation, abolition or restructuring of
departments and faculties; (vii)
the manner of co-operation with other Universities
or institutions of higher learning; (viii)
the procedure for conferment of honorary
degrees; (ix)
provisions regarding grant of free ships and
scholarships; (x)
policies in respect of seats in different
courses of studies and the procedure of admission of students to such courses; (xi)
policy relating to the fees chargeable from
students for various courses of studies as per the provision of this Act; (xii)
institution of fellowships, scholarships,
studentships, free ships, medals and prizes; (xiii)
procedure for creation and abolition of
posts; and (xiv) any
other matters which may be decided by the Board of Governors or required to be
provided by statutes under this Act. (1)
The first statutes framed by the Board of
Management shall be submitted to the Board of Governors for its approval. (2)
The Board of Governors shall consider the
First Statutes, submitted by the Board of Management and shall give its
approval thereon with such modifications, if any, as it may deem necessary. (3)
The University shall publish the First
Statutes, as approved by the Board of Governors in the University Notification,
and thereafter, the First Statutes shall come into force from the date of its
publication. (1)
Subject to the provisions of this Act and
Rules and Regulations of University Grants Commission and other Regulatory
Authorities, the statutes may provide for all or any of the following matters
namely:- (i)
admission of students to the University and
their enrolment and continuance as such; (ii)
the courses of study to be laid down for all
degrees and other academic distinctions of the University; (iii)
the award of degrees and other academic
distinctions: (iv)
the conditions of the award of fellowships,
scholarships, studentships, medals and prizes; (v)
the conduct of examinations and the
conditions and mode of appointment and duties of examining bodies, examiners,
invigilators, tabulators and moderators; (vi)
the fee to be charged for admission to the
examinations, degrees and other academic distinctions of the University; (vii)
the conditions of residence of the students
at the University or a Constituent College; (viii)
maintenance of discipline among the students
of the University or a Constituent College; and (ix)
all other matters as may be provided in the
Statutes under the Act. (1)
The fee in respect of forty percent of the
admissions in all courses of the university for which admissions are made
through a Common Entrance Test conducted by the Government or Central
Government or its agency under the proviso to section 9 shall be the fees, as
fixed by the Government, for Government seats from time to time, in accordance
with the consensual agreement entered into by the Government and the University
in accordance with the Karnataka Professional Educational Institutions
(Regulation of Admission and Determination of Fee) Act, 2006 (Karnataka Act 8
of 2006). The fee in respect of forty percent of the admission in all other
non-technical courses being offered in the university shall be the fees as
fixed by consensual agreement entered into by the University and the
Government. (2)
In respect of other seats of the University,
the fee shall be determined by the fee regulatory committee constituted under
the chairpersonship of a Retired Judge of High Court in accordance with the
provisions of section 6 of the Karnataka Professional Educational Institutions
(Regulation of Admission and Determination of Fee) Act, 2006 (Karnataka Act 8
of 2006). For the purpose of this section, the University shall be deemed to be
the Private Unaided Professional Educational Institution. (3)
The Committee shall look into the compliance
of the university in the admissions vis-a-vis the statutory and regulatory
authorities and collection of fee. CHAPTER 6 MISCELLANEOUS (1)
Every employee shall be appointed under a
written contract subject to such terms and conditions as may be specified by
statutes and regulations or prescribed if any by rules which shall be kept in
the University and a copy of which shall be furnished to the employee
concerned. (2)
Disciplinary action against the employees
shall be governed by the procedure specified in the Statutes. (3)
Any dispute arising out of the contract
between the University and an employee shall, be resolved in the manner
provided for in the written contract and in accordance with the Statutes and as
per existing Regulations of University Grants Commission. (i)
the first Vice-Chancellor and
Pro-Vice-Chancellor, if any shall be appointed by the Chancellor; (ii)
the first Registrar and the first Finance
Officer shall be appointed by the Chancellor; and (iii)
the first Board of Management, the first
Finance Committee, the first Innovation and Research Council and the first
Academic Council shall be constituted by the Chancellor. (1)
The University shall establish a Permanent
Statutory Endowment Fund of at least rupees twenty five crores jointly in the
name of the Chancellor of the University and Secretary to the Government, the
Higher Education Department, out of which at least rupees fifteen crores shall
be in cash and remaining in the form of Bank Guarantee, which may be increased
suomoto but shall not be decreased: (2)
The University shall have power to invest the
permanent Statutory Endowment Fund in such manner as may be prescribed. (3)
The University may transfer any amount from
the General Fund or the Development Fund to the permanent Statutory Endowment
Fund. Excepting in the event of dissolution of the University, in no other
circumstances can any monies be transferred from permanent Statutory Endowment
Fund for other purposes. (4)
Seventy five percent of the incomes received
from permanent Statutory Endowment Fund shall be used for the purpose of
development or general work of the University. The remaining twenty five percent
shall be reinvested in the permanent Statutory Endowment Fund. (1)
The University shall establish a Endowment
Fund having such funds as may be determined by the Sponsoring Body which can
include donations and other funds received from time to time. (2)
The University shall have the power to invest
the University Endowment Fund in a manner as may be specified by the Statutes. (3)
The University Endowment Fund is a
self-imposed fund that the University desires to maintain voluntarily and
invest it responsibly to protect itself from financial challenges that may
arise on account of pursuing social objectives and/or unforeseen circumstance. (4)
The University may transfer any amount from
the General Fund or the development fund to the University Endowment Fund.
Excepting in the event of dissolution of the University, in no other
circumstances can any monies be transferred from the University Endowment Fund
for other purposes. (5)
Eighty percent of the incomes received from
the University Endowment Fund shall be used for the purposes of development or
general work of the University. The remaining twenty percent shall be
reinvested into the University Endowment Fund. (1)
The University shall establish a General Fund
to which the following amount shall be credited, namely:- (i)
all fees which may be charged by the
University; (ii)
all sums received from any other source not
prohibited by any law for the time being in force: (iii)
all contributions made to the University; (iv)
all contributions or donations 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 funds credited to the General Fund shall
be applied to meet all the recurring expenditure of the University. (1)
The University shall establish a Development
Fund to which the following funds shall be credited, namely:- (i)
all sums received from any other source for
the purposes of the development of the University; (ii)
all contributions made by the University; (iii)
all contributions or donations made in this
behalf by any other person or body; which are not prohibited by any law for the
time being in force; and (iv)
all incomes received from the Permanent
Statutory Endowment Fund. (2)
The funds credited to the Development Fund
from time to time shall be utilized for the development of the University. (1)
The Annual Report of the University shall be
prepared under the direction of the Board of Management and shall be submitted
to the Board of Governors for its approval. (2)
The Board of Governors shall consider the
annual report in its meeting and may approve the same with or without modification.
(3)
A copy of the annual report duly approved by
the Board of Governors shall be sent to the Visitor and the Government before
31stDecember following close of the financial year in March of each year. A
copy of the Annual Report shall be published on the website of the University
not later than 31st December of every year. (1)
The annual accounts and balance sheet of the
University shall be prepared under the direction of the Board of Management and
all funds accruing to or received by the University from all source and all
amount disbursed or Paid shall be entered in the account maintained by the
University. (2)
The annual accounts of the University shall
be audited by an auditor, who is a member of the Institute of Charted Accountants
of India, every year. (3)
A copy of the annual accounts and the balance
sheet together with the audit report shall be submitted to the Board of
Governors before 30th November following close of the financial year in 31
March of each year. (4)
The annual accounts, the balance sheet and
the audit report shall be considered by the Board of Governors at its meeting
and the Board of Governors shall forward the same to the visitor and the
Government along with its observation thereon on or before 31st December of
each year. (5)
In the event of any material alteration in
the Report of the Auditors, the Government may issue directions to the
University, to rectify the alterations and such directions shall be binding on
the University. (6)
A copy of the annual account and Audit report
shall be published on the website of the University every year. (1)
Whoever contravenes the provisions of this
Act or the rules made thereunder or any examination matters or in matters
relating to award of degrees or in giving marks cards shall on conviction be
punishable with fine of not less than rupees fifty thousand which may extend to
ten lakhs rupees or with an imprisonment for a term of not less than six months
which may extend to two years or with both: Provided that, where the
University is also involved in committing the offence the permission letter
granted under this Act to commence the University shall be withdrawn. (2)
A penalty under this section may the imposed
without prejudice to the penalty specified in any other Act. (1)
If the University proposes dissolution in
accordance with the law governing its constitution or incorporation, it shall
give at least six months prior notice in writing to the Government. (2)
The Karnataka State the Higher Education
Council shall conduct periodical Inspection of University regarding,- (i)
standard of Instructions for grant of degree; (ii)
quality of Education; (iii)
avoidance of commercialization of Higher
Education; and (iv)
contravention of the provisions of the Act,
if any; - and send report to the Government within ten days from the conduct of
this inspection. The Inspection Report shall also be published on the website
of the Karnataka State Higher Education Council. (3)
On identification of mismanagement,
maladministration and indiscipline, the Government shall issue directions to
the management of the University to set right the administration. If the
direction is not followed within such time as may be prescribed, the right to
appoint an administrator or winding up of University or take decision on for
winding up of the University or any course thereof shall vest with the
Government. (4)
The manner of winding up of the University or
any course thereof shall be such as may be prescribed by the Government in this
behalf: Provided that no such action
shall be initiated without affording a as reasonable opportunity to show cause
to the University. (5)
On receipt of the notice referred to in sub-section
(1) the Government shall, in consultation with the relevant Regulatory
Authority make such arrangements for administration of the University from the
proposed date of dissolution of the University or winding up of the course and
until the last batch of students in regular courses of studies of the
University complete their courses of studies in such manner as may be
prescribed. (1)
The expenditure of administration of the
University during taking over period of its management under subsection (5) of
section 61 shall be met out of the Permanent Statutory Endowment Fund, the
General Fund or the Development Fund in such manner as may be prescribed. (2)
If the fund referred to in sections 48, 49,
50 and 51 are not sufficient to meet the expenditure of the University during
the taking over period of its management, such expenditure may be met by
disposing of the properties or assets of the University, by the Government. (3)
Where the dissolution of the University is
due to mismanagement or maladministration, the Government is at liberty to
identify the persons responsible for such mismanagement or maladministration
and to impose penalty as it deems fit. The right to appoint an Administrator or
winding up of the University or taking any other course of action thereof shall
vest with the Government. (1)
Notwithstanding anything contained in any Law
for the time being in force in the State where based on inspection report of
Higher Education Council it is found that the university is violating the,- (a)
standard of instructions for grant of degree; (b)
quality of education; (c)
avoidance of commercialization of Higher
Education; or (d)
the provisions of the Act in which it is
established. the Government is of opinion that, inspite of the directions by
the Government, the university has not complied with it and has continued to
mismanage, maladministration and to practice indiscipline, then before
directing for winding up of the management of the University, shall either in
the public interest or in order to secure the proper management of any
University be taken over, it may, after giving one months notice to the
Chancellor or Sponsoring Body in charge of the management of the University to
make any representation, direct by notification, that the management of the
University shall with effect on and from the date specified therein shall vest
in the Government for a period of one year: Provided that, if the
Government is of the opinion that in order to secure the proper management of
the University, it is expedient that such management shall continue to vest in
the Government after the expiry of the said period of one year, it may issue
direction for the continuance of management for a further period not exceeding
one year as it may think fit, so however, the total period for which such
management shall continue to vest in the Government shall not, in any case,
exceed two years. (2)
The University referred to in sub-section
(1), shall be deemed to include all assets, rights and lease holds, powers,
authorities and privileges and all property, movable and immovable, including
lands, buildings, stores instruments and vehicles, cash balances, revenue fund,
investments and book debts and all other rights and interests arising out of
such property as were immediately before the date of taking over of the
management under sub-section (1) in the ownership, possession, power or control
of the management of University and all books of account, registers and all
other documents of whatever nature relating thereto. (3)
All persons, in whom the management of the
University vested immediately before the taking over shall, as from the date
aforesaid, cease to be so vested and shall be deemed to have vacated their
offices as such on the date aforesaid. (4)
Notwithstanding anything contained in any
other law for the time being in force, no person who ceases to hold any office
by reason of the provisions contained in sub-section (3) shall be entitled to
claim any compensation for the premature termination of the contract of
management or other arrangement or for the cessation of management or for the
loss of office, as the case may be. (5)
Notwithstanding any judgment, decree or order
of any court, tribunal or other authority or anything contained in any other
law for the time being in force, every person in whose possession or custody or
under whose control the University or any part thereof or any properties
attached thereto vest shall transfer the same to the Administrative officer
appointed by the Government for the purpose of carrying on the management of
the University for and on behalf of the Government, or where no Administrative
officer is appointed, to such other person as the Government may direct. (6)
For the removal of any doubt, it is hereby
declared that any liability incurred by the management in relation to the
University before the taking over shall be enforceable against the said
Governing Council or sponsoring body and not against Government or the
Administrative Officer. (7)
The amount payable in respect of the vesting
in the Government, the University under sub-section (1), shall be an amount
equal to the average net annual surplus income of the University during the
period of its existence or the period of five consecutive accounting years
immediately preceding the date of such vesting whichever is less: Provided that, no such
amount shall be payable if the sponsoring body or Governing Council under which
the University is found makes provision for running of the University. (8)
The amount payable under sub-section (7)
shall subject to rules made under this Act, be paid by the Government to the
person interested in the University in such manner and within such time as may
be prescribed. (1)
After the expiry of the period specified in
sub-section (1) of section 61, the management of the University shall vest in
accordance with the order, if any, of any court and if there be no such order,
vest in the Governing Council or managing committee or sponsoring body (by
whatever name called) of the University or such other body or person, as the
case may be, entitled thereto. (2)
If at any time before the expiry of the
period referred to in sub-section (1) of section 61, it appears to the
Government that the purpose of vesting of the management of the University in
the Government has been fulfilled or that for any other reason it is not
necessary that the management of the University shall remain vested in the
Government, it may, by order published in the official Gazette, relinquish the
management of the University with effect from such date as may be specified in
the order. (3)
On and from the date specified under sub-
section (1) the management of the University shall be transferred in accordance
with the order, if any, of any court, and if there be no such order, shall be
transferred to the Governing Council or managing committee or sponsoring body
(by whatever name called) of the University or such other body or person, as
the case may be, entitled thereto. (1)
Where an offence against any of the
provisions of this Act or any rule made there under has been committed by a
company, every person who at the time of the offence was committed, was in
charge of and was responsible to the company for the conduct of business of the
company, as well as the company, shall be deemed to be guilty of the offence
and shall be liable to be proceeded against and punished accordingly: Provided that, nothing
contained in this sub-section shall render any such person liable to any
punishment if he proves that the offence was committed without his knowledge or
that he has exercised all due diligence to prevent the commission of the such
offence. (2)
Notwithstanding anything contained in
sub-section (1), where any such offence has been committed by a company and it
is proved that the offence has been committed with the consent or connivance of
or is attributable to any neglect on the part of any director, manager,
secretary or other officer of the company, such director, manager, secretary or
other officer shall be deemed to be guilty of that offence and shall be liable
to be proceeded against and punished accordingly. Explanation.- For the
purposes of this section:- (a)
"company, trust, firm, society"
means respectively a company defined under the Companies Act, 1956 (Act No.1 of
1956), trust defined under the Indian Trust Act, 1882 (Act No.2 of 1882), firm
defined in the Indian Partnership Act, 1932 (Act No.9 of 1932), Society defined
in the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960) or
other association of individuals; and (b)
"director in relation to:- (i)
a company means the director as defined in
sub-section (13) of section 2 of the Companies Act, 1956 and partner means a
partner in the firm; (ii)
a society, a trust or other association of
individuals, means the person who is entrusted under the relevant provisions of
the Act or rules of the society, trust or other association with management of
the affairs of the society, trust or other association, as the case may be. (1)
If any difficulty arises in giving effect to
the provisions of this Act, the Government may, by a notification or by order,
make such provisions, which are not inconsistent with the provisions of this
Act, as appear to it to be necessary or expedient, for removing the difficulty: Provided that, no
notification or order under this section shall be made after the expiry of a
period of five years from the date of commencement of this Act. (2)
Every Order made under sub- section (1),
shall, as soon as may be after it is made, be laid before the State
Legislature. (1)
The Government may make rules by
notification, to carry out the purposes of this Act. (2)
Every rule made under this Act shall be laid
as soon, as may be after it is made before each House of the State Legislature
while it is in session for a total period of thirty, days which may be
comprised in one session or in two or more successive sessions, and if, before
the expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be,
so however, that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.Bms
University Act, 2023
In this Act, unless the context otherwise requires, -
The University shall be self- financing and shall neither make a demand nor
shall be entitled to any maintenance grant-in-aid or any other financial
assistance from the State or any other body or corporation owned or controlled
by the State.
The University may have Constituent Colleges, Regional Centres, additional
campuses and Study Centres at such places in the State as it deems fit after
the completion of five years after its establishment with prior approval and
subject to the prior permission of the Government, and as per the University
Grants Commission and then the Government.
The University shall employ a broad range of strategies to achieve its vision
and objectives of the University Grants Commission,-
The University shall have the following powers, namely:-
The University admissions shall be open to all persons irrespective of caste,
class, creed, gender or nation. The criteria for admission programme wise and
the detailed notification of the time line for admission and the available
intake programme wise along with the prescribed fees including a break up of
fees shall be notified as a part of mandatory disclosure on the Universitys
website:
The sponsoring body shall have the following powers with reference to the
University, each of which may be exercised by the Sponsoring Body at its
discretion, namely:-
The following shall be the officers of the University, namely: -
The Vice-Chancellor shall appoint not more than three pro-vice Chancellors with
the written approval of the Chancellor in such manner and they shall exercise
such powers and perform such duties as may be laid down by the Statutes.
Deans of faculties shall be appointed by the Vice Chancellor with the written
approval of the Chancellor in such manner and they shall exercise such powers
and perform such duties as may be laid down by the Statutes.
All appointments in section 15,16,17 and 18 in the University shall as per
regulations of existing University Grants Commission and other Regulatory
Authorities.
The Finance Officer shall be appointed by the Vice Chancellor with the written
approval of the Chancellor in such manner and he shall exercise such powers and
perform such duties as may be laid down by the Statutes.
The manner of appointment, terms and conditions of service and powers and
duties of the other officers of the University shall be such as may, be
specified by Statutes..
The following, shall be the authorities of the University, namely:-
The constitution, powers and functions of the other authorities of the
University shall be such as may be specified by the statutes.
A person shall be disqualified for being a member of any of the authorities of
bodies of the University, if he,-
No act or proceedings of any authority of the University shall be invalid
merely by reason of the existence of any vacancy or defect in the constitution
of the authority.
Subject to the provisions of this Act and Rules and Regulations of the
University Grants Commission and other Regulatory Authorities, the Statues may
provide for any matter relating to the Universities and Staff as given below,
namely:-
The Board of Governors may, make new or additional Statutes or amend or repeal
the Statutes.
The Academic Regulations shall be made by the Academic Council and approved by
Board of Management.
The Academic Council may, with the approval of the Board of Management, make
new or additional Academic regulations or amend or repeal the regulations.
The University shall publish in its official website, the Act, Regulations,
Public Notices and other instructions of concerned National Accreditation Body
and the Acts, Rules, Regulations, Orders, Circulars and instructions of the
Government. And also the proceedings of every meeting of the Board of
Governors, Board of Management, the Academic Council, The Finance Committee
within 48 hours of the signature on the proceedings of the said meeting by the
Competent Authority. The details of the Programmes/Courses offered by the
University, its sanctioned intake, eligibility for enrolment, fee structure,
details of permanent, adjunct and temporary Faculty Programme wise, Department
wise shall also mandatorily be published and updated on the website of the
University. The Annual Report of the university and the Annual Accounts shall
also be published mandatorily on the website of the university. The Information
sent by the University to the University Grants Commission for inspection
purpose, the information sent by the university to the University Grants
Commission for ascertaining their norms and standards and compliance report
submitted by university to UGC shall also be mandatorily published on its
website.
In case of disciplinary actions by the University against its employee or
student, the aggrieved employee or students shall have a right to appeal to
such authority as specified by the statutes and as per existing University
Grants Commission Regulations, relevant Government of India and Government of
Karnataka Rules and Regulations.
The University shall constitute for the benefit of its employees such Provident
or Pension Fund and provide such insurance scheme as it may deem fit in such
manner and subject to such conditions as may be specified by the statutes and
the laws in force.
If any question arises as to whether any person has been duly elected or
appointed as, or is entitled to be a member of any authority or other body of
the University, the matter shall be referred to the Chancellor.
Any other authority of the University mentioned in section 29, shall be
empowered to constitute a committee of such authority, consisting of such
members of such authority and having such powers as the authority may deem fit.
Any casual vacancy among the members, other than ex-officio members of any
Authority or body of the University shall be filled in the same manner in which
the member whose vacancy is to be filled up, was chosen, and the person filling
the vacancy shall be a member of such authority or body for the residual term
for which the person in whose place he would have been a member.
Notwithstanding anything contained in any other provisions of this Act and the
Statues,
The funds established under sections 48, 49, 50 and 51 shall subject to general
supervision and control of the Board of Governors, be regulated and maintained
in such manner as may be prescribed.
A copy of any receipt, application, notice, order, proceeding or resolution of
any authority or committee of the University or other documents in possession
of the University or any entry in any register duly maintained by the
University, if certified by the Registrar, shall be received as prima facie
evidence of such receipt, application, notice, order, proceeding, resolution or
document or the existence of entry in the register and shall be admitted as
evidence of the matters and transaction therein recorded where the original
thereof would, if produced, have been admissible in evidence.
The Government may give such directions to the University as in its opinion are
necessary or expedient for carrying out the purposes of this Act or to give
effect to any of the provisions contained therein or of any rules or orders
made there under and the Board of Governor or the Board of management, as the
case may be, of the University shall comply with every such direction.
Any officer not below the rank of Group A officer authorized by the Government
in this behalf, shall, subject to such conditions as may be specified therein
under the Karnataka Educational Institutions (Prohibition of Capitation Fee)
Act, 1984 (Karnataka Act 37 of 1984) shall be deemed to be the Officer
authorized to exercise the same powers and discharge the-same functions as
provided under section 9 of that Act for the purposes of this Act.
Any person who obstructs an officer of the Government in the exercise of any
power conferred on him or in the performance of any function entrusted to him
by or under this Act or any other person lawfully assisting such officer in the
exercise of such power or in the performance of such function or who fails to
comply with any lawful direction made by such officer or person shall be
punished with fine which may extend to one lakh rupees.
Whoever instigates or abets the commission of any offence punishable under this
Act shall, on conviction, be punished with the punishment provided for the
offence.