[18-December-2019] In exercise
of the powers conferred by sub-section (1) of section
61 of the C.M.R. University Act-2013 (Karnataka Act No.45 of 2013), the
Government of Karnataka hereby makes the following rules, namely:- (1)
These rules may be called the C.M.R. University Rules, 2019. (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 C.M.R. University Act, 2013(Karnataka Act No.45 of 2013); (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 to the University. (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 49 and Development Fund under
section 50 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 58 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) institute 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 officer 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 thee 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 students are provided all facilities to
complete their courses and get their degrees
or diplomas.C.M.R. University Rules, 2019.