KARNATAKA
STATE UNIVERSITIES ACT, 1976 THE KARNATAKA STATE UNIVERSITIES ACT, 1976 [Act No. 28 of 1976] [13th March, 1976] An Act to enact an uniform law relating to
Universities in the State of Karnataka. Whereas
the Karnataka University Ordinance, 1975 was promulgated in order to have a
uniform law relating to Universities in the State; And
whereas it is considered expedient to replace the said Ordinance by an Act; Be it
enacted by the Karnataka State Legislature in the Twenty-seventh year of the
Republic of India as follows:-- (1)
This Act may be called the Karnataka State
Universities Act, 1976. (2)
It shall be deemed to have come into force on
the Twenty-fifth day of September 1975. In
this Act and in the Statutes, Ordinances, Regulations and Rules, unless the
context otherwise requires,-- (1)
"appointed date" means the date of commencement
of this Act; (2)
" college " means an institution
maintained by the University as such and includes an institution admitted to
the privileges of the University as an affiliated college of the University in
accordance with the provisions of this Act; (3)
" hostel" means a unit of residence
for students of the University maintained or recognised by the University in
accordance with the provisions of this Act; (4)
"Principal" means the Head of a
college; (5)
" registered graduate " means a
graduate registered or deemed to be registered under this Act; (6)
"Statutes", "Ordinances",
"Regulations" and "Rules" means respectively the Statutes,
Ordinances, Regulations and Rules of the University made under this Act; (7)
"teachers" includes Professors,
Readers, Lecturers and other persons imparting instruction in any affiliated
college; (8)
"teachers of the University" means
persons appointed for the purpose of imparting instruction in the University or
in any college maintained by the University; (9)
"University" means a University
established and incorporated under section 3; (10)
"University Area " means the area
under the jurisdiction of a University. (1)
There shall be established, with effect on
and from the appointed date, the following Universities, namely:-- (a)
the Bangalore University with headquarters at
Bangalore and territorial jurisdiction over the area-comprising the districts
of Bangalore, Kolar and Tumkur; (b)
the Karnatak University with headquarters at
Dharwar and territorial jurisdiction over the area comprising the districts of
Belgaum. Bellary. Bidar. Bijapur, Dharwar, Gulbarga. North Kanara and Raichur; (c)
the Mysore University with headquarters at
Mysore and territorial jurisdiction over the area comprising the districts of
Chickmagalore, Chitradurga, Coorg, Hassan, Mandya, Mysore, South Kanara and
Shimoga. (2)
(i) The Chancellor, the Vice-Chancellor and
the members of the Senate, the Syndicate and the Academic Council of the
University shall constitute a body corporate by, the name of the University
specified in sub-section (1). (ii)
Each of the said Universities shall have perpetual succession and a common seal
and, may, by its name, sue and be sued. (3)
The University shall be competent to acquire
and hold property, both movable and immovable, to lease, sell or otherwise
transfer any movable or immovable property which may have become vested in or
been acquired by it, for the purposes of the University and to contract and to
do all other things necessary for the purposes of this Act. (4)
In all suits and other legal proceedings by
or against the University, the pleadings shall be signed and verified by, and
all processes in such suits and proceedings shall be issued to and be served
on, the Registrar. Subject
to the provisions of this Act and such conditions as may be prescribed by the
Statutes or Ordinances, the University shall have the following powers and
perform the following duties namely:-- (i)
provide for instruction (including
instruction by correspondence), teaching and training in such branches of
learning and courses of study as it may think fit and make provision for
research and dissemination of knowledge; (ii)
hold examinations and grant and confer degrees,
diplomas and other academic distinctions on persons who? (a)
have pursued a course of study in the
University or in any college, unless exempted therefrom in the manner
prescribed by the Statutes, Ordinances or Regulations, and have passed the
examinations prescribed by the University; or (b)
have carried on research under conditions
prescribed by the Statutes or Ordinances; (iii) confer honorary degrees or other distinctions on persons
in the manner laid down by the Statutes; (iv)
grant diplomas and provide such lectures and
instruction for persons not being enrolled students of the University, as the
University may determine; (v)
co-operate with other Universities and authorities
in such manner and for such purposes as the University may determine; (vi)
institute, suspend or abolish Professorships,
Readerships, Lectureships, and any other teaching posts required by the
University; (vii) institute and award fellowships, travelling fellowships,
scholarships, studentships, stipends, medals and prizes; (viii) maintain and administer Colleges, Laboratories,
Libraries, Museums, Printing Presses, Institutes of Research and other
institutions necessary to carry out the objects of the University; (ix)
establish, maintain and administer hostels; (x)
supervise and control the residence and
discipline of students of the University; (xi)
make arrangements for promoting the health
and general welfare of the students of the University; (xii) fix fees, demand and receive such fees and other charges
as may be prescribed by Ordinances; (xiii) make special arrangements in respect of residence,
discipline and teaching of women students and persons belonging to the
Scheduled Castes, Scheduled Tribes and such socially and educationally backward
classes as the State Government may, from time to time, declare; (xiv) create administrative, ministerial and other necessary
non-teaching posts; (xv)
accept, hold and manage any endowments,
donations or funds which may become vested in the University for the purpose of
the University by grant, testamentary disposition or otherwise and invest such
endowments, donations or funds in any manner that may be deemed fit: Provided
that no donation from a foreign country, foreign foundation or any person in
such country foundation shall be accepted save with the approval of the State
Government; (xvi) undertake publication of works of merit and research and
general knowledge; (xvii) organise, encourage, regulate and control University
Unions pertaining to the students or to employees; (xviii) maintain? (a)
a Bureau of information, (b)
an Employment Bureau, (c)
a Publications Department, (d)
University Extension Boards, (e)
a Student Welfare Bureau, and (f)
an inter-disciplinary centre; (xix) admit educational institutions not maintained by the University
to the privileges of the University as affiliated colleges and suspend or
withdraw such affiliation; (xx)
make grants from the funds of the University
for? (a)
extra-mural teaching, (b)
physical and military training, (c)
students' unions, (d)
sports and athletic clubs, and (e)
the maintenance of institutions or
associations devoted to educational purposes; (xxi) provide through its Professors and other teachers and the
Departments and special research Institutes, such teaching and guidance as the
affiliated colleges may require; (xxii) recognise for any purpose, either in whole or in part,
any institution on such terms and conditions as may, from time to time, be
prescribed by statutes and to wife-draw such recognition; (xxiii) do such other acts and things, whether incidental to the
powers aforesaid or not, as may be required in order to further the objects of
the University, in particular, generally to cultivate and promote arts, science
and other branches of learning and culture. (1)
Save as-otherwise provided in this Act, the
powers of the University conferred by or under this Act shall be exercised in
the University Area and no educational institution beyond the said area shall
be associated with or admitted to any privileges of the University: Provided
that the benefit of correspondence courses or external degree courses may be
extended by the University to students outside the University Area. (2)
Subject to the provisions of any other law
relating to Universities for the time being in force, no educational
institution situate within the University Area shall be associated in any way
with or be admitted to any privileges of and affiliated to any other University
established and incorporated by law and any such affiliation granted by any
such other University to any such institution within the said territorial
jurisdiction prior to the appointed date shall be deemed to be withdrawn on
that date. (3)
All educational institutions,-- (i)
admitted to the privileges of the Bangalore
University under the Bangalore University Act, 1964, (ii)
admitted to the privileges of or affiliated
to the Karnatak University under the Karnatak University Act, 1949, (iii) admitted to the privileges of or affiliated to the Mysore
University under the Mysore University Act, 1956 except institutions situated
in Bangalore, Kolar and Tumkur districts, before the appointed date, shall,
with effect on and from that date and subject to the provisions of Chapter IX
be deemed to be institutions admitted to the privileges of or affiliated to the
Bangalore University or the Karnatak University or the Mysore University, as
the case may be, established under this Act. The educational institutions
situate in Bangalore, Kolar and Tumkur districts affiliated to the Mysore
University before that date shall be deemed to be affiliated to the Bangalore
University: Provided
that any recommendation for affiliation made in accordance with any of the said
enactments pending with the State Government on the appointed date shall be
deemed to be a recommendation made for affiliation to the appropriate new
University established under this Act and shall be disposed of by the State
Government on this basis. (4)
The colleges, attached hostels, other
buildings together with the articles of furniture, libraries, books,
laboratories, stores, instruments, apparatus, appliances and equipment and all
other property, movable and immovable, belonging to the Bangalore, Karnatak and
Mysore Universities and all proceedings, including legal proceedings pending
prior to the appointed date shall, with effect on and from that date, stand
transferred to or continued by or against, as the case may be, the Bangalore
University, the Karnatak University and the Mysore University established under
section 3. (1)
The University shall be open to all persons
of either sex and of whatever race, creed, caste or class and it shall not be
lawful for the University to impose on any person any test whatsoever of religious
belief or profession in order to entitle him to be admitted thereto as a
teacher or a student or, to hold any office therein or to graduate thereat or
to enjoy or exercise any privilege thereof. (2)
Subject to the provisions of sub-section (1),
the University shall, in accordance with the special or general directions of
the State Government, reserve seats for purposes of admission as students in
any college or institution maintained or controlled by the University for the
following classes of persons, namely:-- (i)
the Scheduled Castes and the Scheduled
Tribes; (ii)
classes declared by the State Government from
time to time to be socially and educationally backward; (iii) nominees of the Central Government; (iv)
defence personnel and ex-servicemen and their
children or wards; and (v)
children of freedom fighters. (3)
The University may, subject to like orders,
grant to persons falling under all or any of the categories specified in
sub-section (2) any exemption from payment of such fees or boarding, lodging or
other charges or from all fees and charges or provide special scholarships. Explanation.--
For purposes of this section,-- Freedom
fighter ' means any person who on account of participation in the national
movement,-- (a)
had been sentenced to imprisonment for not
less than six months; or (b)
had been kept in detention (including
detention as under trial prisoner) for not less than six months; or (c)
lost his job or means of livelihood or the
whole or substantial part of his property; and who has domiciled in the State
of Karnataka for a period of not less than five years immediately preceding the
date on which the application for admission or exemption is made. (1)
Subject to the control of the Academic
Council, all recognised teaching in connection with the University courses
shall be conducted by the teachers of the University in accordance with any
syllabus prescribed by Regulations and shall include lecturing, laboratory work
and other teaching. (2)
All such teaching shall be organised by such
authorities as may be prescribed by the Statute's. (3)
The courses and curricula shall be as may be
prescribed by the Ordinances and subject thereto, by the Regulations. (1)
The Chancellor shall, if so desired by the
State Government and may, suo-motu, cause an inspection to be made by such
person or persons as he may direct, of the University, its buildings,
laboratories, libraries, museums, workshops and equipment and any institution
maintained, administered, recognised or approved by the University and also of
the examinations, teaching and other work conducted or done by the University
and to cause an inquiry to be made in like manner in respect of any matter
connected, with the University. (2)
The person or persons directed to make an
inspection under sub-section (1) shall have access to the premises and
institutions to be inspected and to all the accounts and other records relevant
for the purpose. (3)
The said person Or persons shall submit a
report of the result of the inspection to the Chancellor and shall forward a
copy thereof to the State Government. (4)
The State Government may address the
Vice-Chancellor with reference to any matter referred to in the report
indicating its observations and the Vice-Chancellor shall communicate them to
the Syndicate for taking necessary action. (5)
The Syndicate shall communicate to the State
Govern-ment through the Vice-Chancellor such action, if any, as it has taken or
proposes to take. (6)
Where the Syndicate does not within a reasonable
time, take action to the satisfaction of the State Govern-ment, or fails to
take any action the State Government may, require the Vice-Chancellor to issue
such directions as are necessary and the Syndicate shall be bound to comply
with the same. (7)
The Syndicate shall furnish returns,
statements, accounts or other particulars relating to the administration of the
University as the State Government may, from time to time, require. (8)
Notwithstanding anything in the preceding
sub-sections the State Government may, by order published in the official
Gazette, annual any proceedings of the University which, in its opinion is not
in conformity with this Act, the Statutes or the Ordinances; Provided
that before making any such order the State Government shall call upon the
University to show cause why such an order should not be made and if any cause
is shown within a reasonable time, shall consider the same. (9)
Every order passed under sub-section (8)
shall, as soon as may be, be laid before both Houses of the State Legislature. The
following shall be the officers of the University, namely:-- (a)
The Chancellor, (b)
The Vice-Chancellor, (c)
The Registrar. (d)
The Controller of Examinations, (e)
The Finance Officer, (f)
The Deans, (g)
The Librarian, (h)
The Dean of Student Welfare, (i)
Such other officers of the University as the
Chancellor may, on the recommendation of the Vice-Chancellor, from time to
time, designate. (1)
The Governor of Karnataka shall by virtue of his
office, be the Chancellor of the University. (2)
He shall be the Head of the University and
shall, when present, preside at the meetings of the Senate and at any
Convocation of the University. (3)
He shall have such other powers as may be
conferred on him by or under this Act or the Statutes. (1)
vice-Chancellor shall be a whole time officer
of the University. (2)
He shall be appointed by the Chancellor from
out of a panel of not less than three persons recommended by a committee
consisting of four persons of whom one shall be nominated by the Chancellor,
one by the State Government, one by the University Grants Commission and one by
the Syndicate. No person nominated as a member of the committee shall be
connected with the University or any college or institution affiliated to the
University. The Chancellor shall appoint one of the four members to be the
Chairman of the committee: Provided
that if the Chancellor does not approve of any one of the persons recommended
by the committee he may call for fresh recommendation from the committee. (3)
No person shall be appointed or hold office
as Vice-Chancellor if he has attained the age of sixty five years. (4)
The Vice-Chancellor shall, subject to the
pleasure of the Chancellor and the provision of, sub-section (3) hold office
for a period of three years; but he shall be eligible for reappointment: Provided
that no person shall be appointed as Vice-Chancellor for more than two terms. (5)
The emoluments and other service conditions
of the Vice-Chancellor shall be such as may be determined by the Chancellor and
shall not be varied to his disadvantage after his appointment. (6)
If a Professor in the service of any
University in the State is appointed as Vice-Chancellor, his terms and
conditions of service as Professor shall not be revised to his disadvantage
during his tenure as Vice-Chancellor and he shall retain lien on his post. (1)
The Vice-Chancellor shall be the principal
executive and academic officer of the University and shall exercise general
control over the affairs of the University. He shall exercise all powers
necessary for due maintenance of discipline in the University. (2)
He shall ex-officio be the Chairman of the
Syndicate, the Academic Council and the Finance Committee. He shall also
preside over the Senate and at the Convocation in the absence of the
Chancellor. He shall be entitled to be present at and to address any meeting of
any Authority or body of the University but shall not be entitled to vote
thereat unless he is member of such Authority or body. (3)
He shall ensure the observance of the
provisions of this Act, the Statutes, Ordinances, Regulations and Rules and he
shall have all powers necessary for that purpose. (4)
He may, either himself or through any officer
of the University authorised in writing by him convene the meetings of the
Senate, the Syndicate, the Academic Council and the Finance Committee and shall
perform all such acts as may be necessary to carry out and give effect to the
decision of the said Authorities. (5)
In case of any emergency which, in his
opinion, requires immediate action the Vice-Chancellor shall take such action
as he deems necessary and shall at the earliest opportunity thereafter report
the action taken to such Authority or body as would in the ordinary course have
dealt with the matter: Provided
that if the action taken by the Vice-Chancellor is not approved by the
Authority or body concerned it may through the State Government refer the
matter to the Chancellor whose decision shall be final: Provided
further that if the decision taken by the Authority or body on the report of
the Vice-Chancellor under this sub-section affects adversely any person in the
service of the University, that person may prefer an appeal to the Chancellor
through the State Government within thirty days from the date on which the
decision was communicated to him and the decision of the Chancellor on such
appeal shall be final. (6)
The Vice-Chancellor shall exercise such other
powers as may be prescribed by the Statutes, Ordinances and Regulations. (1)
During the temporary absence of the
Vice-Chancellor by reason of leave, illness-or any other cause, the Chancellor
may make such arrangements for carrying on the duties of the Vice-Chancellor
as-he may deem fit. (2)
During the period a vacancy in the office of
the Vice-Chancellor remains unfilled, such person as the Chancellor may appoint
shall act as Vice-Chancellor and the person so appointed shall have all the
powers of the Vice-Chancellor and shall be entitled to the privileges of the
Vice-Chancellor and to such emoluments and allowances as may be determined by
the Chancellor. (1)
The Registrar shall be a whole-time officer
of the University appointed by the Chancellor in consultation with the Vice-Chancellor
and the State Government. His emolument's and terms and conditions of service
shall be such as may be determined by the Chancellor in like manner. (2)
He shall ex-officio be the Secretary of the
Syndicate and member secretary of the Senate, the Academic Council and the
Faculties. (3)
It shall be the duty of the Registrar,-- (a)
to be the custodian of the records, the
common' seal and such other property of the University as the Vice-Chancellor
or the Syndicate shall commit to his charge; (b)
to issue all notices convening meetings of
the Senate, the Syndicate, the Academic Council, the Faculties, the Boards of
Studies and of any Committee appointed by the Authorities of the University and
to keep minutes of all' such meetings; (c)
to conduct the official correspondence of the
Authorities of which he is the Secretary; (d)
to supply to the Chancellor and the State
Government copies of the agenda of the meetings of the Authorities of the
University as soon as they are issued and the minutes of meetings, ordinary within
a month of the holding of the meeting. (4)
He shall exercise such other powers and
perform such other duties as may be prescribed by the Statutes, Ordinances or
Regulations or required from time to time by the Vice-Chancellor. (5)
He may be assisted in his duties by one or
more Deputy Registrars. (1)
The Controller of Examinations shall be a
whole-time officer of the University appointed by the Chancellor in
consultation with the Vice-Chancellor and the State Government. His emoluments
and terms and conditions of service shall be such as may be determined by the
Chancellor in like manner. (2)
He shall be in charge of the conduct of
examinations of the University and matters relating thereto and shall perform
such other duties as may be prescribed by the Statutes or Ordinances or as may
be required by the Vice-Chancellor. (3)
He may be assisted in his duties by one or
more Deputy Controllers. (1)
The Finance Officer shall be a whole-time
officer of the University appointed by the Chancellor from among officers of
the Central or State Government, having experience in audit, accounting and
financial administration. He shall be on deputation tome University for such
period and on such terms and conditions as may be determined by the Chancellor. (2)
He shall, subject to the control of the
Finance Committee, exercise and perform such powers and functions as may be
prescribed by the Statutes. (1)
Every Head of a Department of Studies-who is
a Professor shall, by rotation according to seniority, act as the Dean of the
Faculty for a period of two years: Provided
that if in any Faculty there is no Professor, the seniormost Reader shall act
as the Dean and if there is no Reader, such teacher as the Vice-Chancellor may
designate shall act as the Dean. (2)
The Dean of each Faculty shall be the
executive officer of the Faculty and shall preside at its meetings. (3)
The Dean shall have such other powers and functions
as may be prescribed by the Statutes and Ordinances. (1)
The Dean of Student-welfare shall be a
whole-time officer of the University and shall be appointed by the Chancellor
on the recommendation of the Syndicate. (2)
His term of office, emoluments and other
conditions of service shall be such as may be prescribed by the Statutes. (3)
He shall exercise such powers and perform
such functions as may be conferred or imposed on him by the Chancellor or as
may be prescribed by the Statutes or Ordinances or Regulations. The
Librarian shall be a whole-time officer of the University and shall be
appointed by the Chancellor on the recommendation of the Board of Appointment
referred to in section 49. He shall possess such qualifications and exercise
such powers and discharge such duties as may be prescribed by the Statutes. His
emoluments and terms and conditions of service shall be such as may be
prescribed by the Statutes. He shall ex-officio be the Head of the Department
of Library Science The
following shall be the Authorities of the University, namely:-- (a)
The Senate; (b)
The Syndicate; (c)
The Academic Council; (d)
The Finance Committee; (e)
The Board of Studies; (f)
The Faculties; and (g)
Such other bodies as by Statutes may be
declared to be the Authorities of the University. (1)
The Senate shall consist of the following
members, namely:-- (1)
The Chancellor; (2)
The Vice-Chancellor; (3)
All the Deans of Faculties; (4)
The Director of Public Instruction,
Karnataka; (5)
The Director of Collegiate Education,
Karnataka; (6)
The Director of Languages and Development of
Kannada, Karnataka; (7)
The Director of Pre-University Education,
Karnataka; (8)
The Director of Youth Services, Karnataka; (9)
The Director of Technical Education,
Karnataka; (10)
The Director of Social Welfare, Karnataka; (11)
The Librarian; (12)
The Director of Physical Education in the
University; (13)
The Director of Correspondence
Course/External Course in the University; (14)
Five Members of the Karnataka Legislative
Assembly elected from amongst themselves; (15)
Two members of the Karnataka Legislative
Council elected from amongst themselves; (16)
The Dean of Student-Welfare; (17)
Ten Principals nominated by the Chancellor in
consultation with the Vice-Chancellor, by rotation, for a period of one year; (18)
Five representatives of teachers other than
Principals, Professors and Directors in Post-graduate department elected from amongst
themselves; (19)
Five Professors and Directors in
Post-graduate departments elected from amongst themselves; (20)
Seven persons elected by the Registered
Graduates in the manner specified below:-- (a)
one by Registered Graduates in Law from
amongst themselves; (b)
one by Registered Graduates in Engineering
from amongst themselves; (c)
one by Registered Graduates in Commerce from
amongst themselves; (d)
one by registered graduates in Medicine from
amongst themselves; (e)
three by Registered Graduates other than
those specified in clauses (a) to (d) from amongst themselves: Provided
that for the purpose of election of members by the Registered Graduates, a
person entitled to stand as a candidate or to vote in more than one
constituency shall before such date as may be appointed by the Statutes, choose
the constituency from which he desires to stand as a candidate or to vote at
the election and shall not be entitled to stand or vote in more than 'one
constituency; (21)
One woman registered graduate elected by the
registered graduates; (22)
Five elected representatives of students of
the University, two from among post-graduate students and three from among
under-graduate students for a term of one year: Provided
that no student shall be eligible for election,-- (a)
unless his name appears on the rolls of the
University or a college affiliated to the University; (b)
unless he is following a course in the
University or a college affiliated to the University leading to a Degree or a
post graduate degree or post graduate diploma of the University; (c)
if he is studying in an evening college or
taking examination as an external candidate or through correspondence course; (d)
if he has failed to complete a course in six
years; (23)
Fifteen persons nominated by the Chancellor
in consultation with the Vice-Chancellor from among persons having special
knowledge of Literature, Science, Arts, Co-operation and Social service of
whom-- (i)?? ?five shall be persons belonging no the
Scheduled Castes; (ii) ??one shall be
a person belonging to the Scheduled Tribes; (iii)? ?five, of whom at least one is a woman,
belonging to any of the classes declared by the State Government from time to
time to be socially and educationally backward: (iv) ??two shall be
persons belonging to religious minorities; (v) ??one shall be
a person nominated by the Chancellor from a panel of five persons recommended
by the Karnataka Union of working Journalists; and (vi) ?one shall be
a person representing trade and commerce. (2)
No non-teaching employee of the University or
an affiliated college shall be eligible to be elected or nominated to the
Senate. (3)
The Controller of Examinations and the
Finance Officer shall be permanent invitees to all the meetings of the Senate. (1)
A meeting of the Senate shall be held at
least twice every year on dates to be fixed by the Vice-Chancellor. One of such
meetings shall be the annual meeting. (2)
A report of the working of the University
during the previous year together with a statement of receipts and expenditure,
the financial estimates and the last audit report shall be presented by the
Syndicate at the annual meeting. (3)
The Vice-Chancellor may, whenever he thinks
fit and shall, when a requisition in writing signed by not less than
twenty-five members of the Senate is made, convene a special meeting of the
Senate. (1)
The Senate shall have power to review from
time to time the policies of the University and to suggest measures for the
improvement and development of the University and to consider the annual
accounts and audit reports of the University. (2)
Without prejudice to the generality of the
foregoing, the Senate shall have the following powers, namely:-- (a)
providing for instruction, teaching and
training in such branches of learning and courses of study as it may think fit
for research and for the advancement and dissemination of learning; (b)
making provision as will enable affiliated
colleges and recognised institutions to undertake specialisation or studies; (c)
establishing and maintaining departments of
research and specialised studies; (d)
recommending to the Chancellor through the
State Government to institute professorships, readerships, lecturer-ships or
any other posts of teachers required by the University; (e)
instituting fellowships, travelling
fellowships, scholarships, studentships, exhibitions, medals and prizes; (f)
instituting and conferring degrees,
titles,-diplomas and other academic distinctions; (g)
conferring on the recommendation of the
Syndicate, honorary degrees, titles or other academic distinctions; (h)
making, amending or repealing Statutes; (i)
considering the annual financial estimates
prepared by the Syndicate; (j)
electing members to such authorities as
provided in this Act or the Statutes; (k)
conferring on the recommendation of the
Syndicate, the title of Professor Emeritus; (l)
exercising such other powers and performing
such other duties as may be conferred or imposed upon it by this Act, the
Statutes, Ordinances and Regulations: Provided
that the power under clauses (a) to (g) shall not be exercised except on the
recommendations made by the Syndicate and the Academic Council. The
Syndicate shall consist of the following members, namely:-- (i) ???The Vice-Chancellor; (ii)?? ?The Director of Collegiate Education,
Karnataka; (iii) ??The
Director of Technical Education, Karnataka; (iv) ??One Dean, by
rotation according to seniority, nominated by the Chancellor from among those
who are not Principals of Colleges, for a period of one year; (v) ??Principals of
the three Colleges including at least one Principal of a Women's College, by
rotation according to seniority, nominated by the Chancellor for a period of
one year; (vi)? ?Three persons, none of whom being an employee
of the University or an affiliated college or a representative of students,
elected by the Senate from among its members; (vii) One Professor of post-graduate studies, by rotation
according to seniority, nominated by the Chancellor for a period of one year; (viii) Three persons nominated by the Chancellor of whom
one shall be a person belonging to the Scheduled Castes, one shall be a person
belonging to such socially and educationally backward classes of citizens as
may be specified by State Government from time to time; (ix) ?One person
elected by the Academic Council. (1)
Subject to the general directions of the
Senate, the Syndicate shall have the power of management and administration of
the revenues and properties of the University and the control of all
administrative affairs of the University. (2)
Without prejudice to the generality of the
foregoing, the Syndicate shall have the following powers namely:-- (a)
to manage and regulate the finances and all
other administrative affairs of the University and for that purpose to appoint
such agents as it may think fit; (b)
to enter into, vary, carry out and cancel
contracts on behalf of the University; (c)
to appoint, subject to the provisions of section
81, examiners and moderators and if necessary to change or to remove them and
also to fix their fees, emoluments and travelling and other allowances; (d)
to make arrangements for the conduct of
examinations in the prescribed manner; (e)
to receive, acquire, hold, control and
administer the properties of the University, both movable and: immovable and to
invest the funds of the University; (f)
to cause to be maintained proper accounts
regarding the funds of the University and its properties: (g)
to prescribe, charge and collect fees for (i) ???tuition and
research; (ii) ??admission to
examinations and convocations, (iii)? ?such other services as the University may
undertake; (iv) ??affiliation
and inspection of colleges and registration of graduates; and (v)? ?such other purposes as may be prescribed by
the Statutes; (h)
to prepare the financial estimates of the
University and to submit the same to the Senate; (i)
to administer and control the colleges,
hostels, libraries, laboratories, museums and other Institutions established or
maintained by the University; (j)
to make recommendations regarding admission
of colleges as affiliated colleges; (k)
to recognise hostels not administered by the
University and to suspend or withdraw such recognition; (l)
to supervise and control the residence and
discipline of the students of the University and to make-arrangements for
promoting their health and well being; (m)
to constitute and regulate the working of the
Employment Bureau and the Bureau of Information; (n)
to delegate such of its functions to the
Vice-Chancellor as may be prescribed by the Statutes; (o)
to select a common seal for the University
and to provide for its custody and use; (p)
to arrange for the conduct of litigations by
or against the University; (q)
to exercise such other powers and performs
such other duties as may be conferred or imposed on it by or under this Act. The
Academic Council shall consist of the following members, namely:-- (i) ???The
Vice-Chancellor; (ii) ???Three
members of the Syndicate nominated by the Chancellor; (iii) ??One member
of the Senate elected by its members; (iv) ??The Deans of
Faculties; (v) ??The
Professors of Post-Graduate Departments of Studies; (vi) ??Twenty-five
per cent of the Principals of Colleges nominated by the Vice-Chancellor by
rotation according to seniority, for a period of one year; (vii) ?Eight
lecturers and two readers who are not Deans of Faculties or Heads of Post
Graduate Departments of Studies or Principals of colleges, elected by the
teachers; (viii) Six persons nominated by the Chancellor, from
amongst eminent educationists, of whom not less than two shall be persons
belonging to the Scheduled Castes or the Scheduled Tribes and not less than two
shall be persons belonging to such socially and educationally backward classes
of citizens specified by the State Government from time to time; (ix)? ?The Director of Public Instruction, Karnataka; (x) ??The Director
of Collegiate Education, Karnataka; (xi)? ?The President of the Adult Education Council; (xii) ??The
Director of Physical Education in the University; (xiii) ?The
Director of Technical Education. Karna taka; (xiv) ?The
Controller of Examinations. (1)
The Academic Council shall be the academic
body of the University and shall, subject to the provisions of this Act, the
Statutes and the Ordinances, have the control and general regulation of and be
responsible for the maintenance of the standards of instruction, education and
examinations of the University. (2)
Without prejudice to the generality of the
foregoing and subject to such conditions as may be prescribed by or under the
provisions of this Act, the Academic Council shall exercise the following
powers, namely:-- (a)
to make proposals for Ordinances relating to
academic matters; (b)
to make Regulations regarding the courses of
study in so far as they are not covered by the Ordinances; (c)
to make Regulations regarding the schemes of
examinations and conditions on which the students shall be admitted to the
examinations, degrees, diplomas, certificates or other academic distinctions; (d)
to make Regulations for declaration of the
results of the various University Examinations; (e)
to arrange for co-ordination of studies and
of teaching in colleges and in recognised institutions; (f)
to formulate schemes for promoting research
within the University or for promoting other specialised studies; (g)
to make proposals for allocating subjects to
the Faculties and to assign its own numbers to the Faculties: (h)
to fix the conditions under which exemptions
relating to the admission of students to examinations may be given; (i)
to make proposals for the institution of
posts of Professorships, Readerships, Lectureships and other posts of teachers
required by the University and for prescribing the duties of such posts; (j)
to make proposals for the institution of
fellowships, travelling fellowships, scholarships, studentships, exhibitions
and for their award; (k)
to make Regulations prescribing equivalence
of examinations; (l)
to make Regulations for granting exemptions
from approved courses of study in the University or in affiliated colleges for
qualifying for degrees, diplomas and other academic distinctions; (m)
to exercise such other powers and to perform
such other duties as may be conferred or imposed on it by this Act, the
Statutes, Ordinances or Regulations; and (n)
generally to advice the University on all
academic matters. (1)
The University shall have the Faculties of
Arts, Commerce, Education, Engineering, Medicine, Law, Science and Technology
and such others as may be prescribed by the Statutes from time to time. (2)
(a) Each Faculty shall consist of such
Departments of Studies as may be assigned to it by the Ordinances. (b) No
Department of Studies shall' be established or abolished except by Statutes. (c)
Each Department of Studies shall consist of the following members, namely:-- (i)?? ?Teachers of the Department; (ii) ??Persons
appointed to conduct research in the Department; (iii) ??The Dean of
the Faculty; (iv) ??Honorary
Professors, if any, attached to the Department; (v) ??Such other
persons as may be members of the Department in accordance with the provisions
of the Ordinances. (d)
Each Department of Studies shall have a Head who may be a Professor or if there
is no Professor, a Reader and whose duties and functions shall be such as may
be prescribed by the Ordinances: Provided
that if there are more than one Professor or, as the case may be, Readers, in
any Department, no person shall be appointed to be the Head of the Department
except in accordance with the provisions made in this behalf by the Ordinances: Provided
further that if there is no Professor or Reader in a Department, the Dean of
the Faculty concerned shall be the Head of that Department. (3)
Each Faculty shall consist of the following
members, namely:-- (i) ???The Dean of
the Faculty; (ii) ??The Heads of
Departments of Studies in the Faculty. (iii) ??All
Professors in the Faculty from each Department in the Faculty; (iv) ??One Reader
and one Lecturer in each Department of Studies nominated by the
Vice-Chancellor, by rotation according to seniority, for a period of two years; (v) ???five
teachers of colleges and two experts from another University in the State,
nominated by the Vice-Chancellor for a period of two years; (vi)? ?Such other persons as may be specified by the
Statutes. (4)
The Faculties shall exercise such powers and
perform such functions as may be prescribed by the Statutes. (1)
There shall be a Board of Studies for every
subject or group of subjects as may be prescribed by the Ordinances. (2)
The constitution, functions and powers of the
Board of Studies shall be as prescribed by the Statutes. (1)
There shall be a Finance Committee consisting
of the following members, namely:-- (i) ??the
Vice-Chancellor, Ex-Officio Chairman; (ii) ??one member
of the Syndicate elected by its members; (iii)? ?one member of the Senate elected by its
members; (iv) ??two officers
nominated by the State Government; (v) ??the Finance
Officer, Ex-officio Member Secretary. (2)
The Register shall be a permanent invitee to
the Finance Committee. (3)
The Finance Committee shall perform the
following functions, namely:-- (i) ???to
scrutinise the annual budget estimates and make its recommendations to the
Syndicate; (ii) ??to conduct
the general examinations of the accounts of the. University, review the yearly
audit reports and make its recommendations thereon; (iii)? ?to examine all proposals of the University
involving expenditure for which no provision is made in the budget or involving
expenditure in excess of the amount provided for in the budget; (iv) ??such other
functions as may be prescribed by the Statutes. (4)
Notwithstanding anything in the preceding
sub-section, the Vice-Chancellor may, in case of urgency and for reasons to be
recorded in writing, incur any expenditure not exceeding rupees ten thousand in
any one case for which no provision is made in the budget or which is in excess
of the provision made in the budget without reference to the Finance Committee,
but such expenditure shall be reported at the next earliest meeting of the
Finance Committee. (5)
Where the votes on any subject considered by
the Finance Committee are equally divided, the Vice-Chancellor shall have the
casting vote. (1)
A Board shall be constituted every year for
each Faculty for the purpose of preparing lists of persons for appointment as
University Examiners and the Board shall consist of-- (i)?? ?the Vice-Chancellor--Ex-officio Chairman; (ii)? ?the Dean of the Faculty concerned; (iii) ??two members
nominated by the Syndicate; (iv) ??two members
nominated by the Academic Council; (v)? ?the Chairman of the Board of Studies in the
particular subject; and (vi) ??the
Controller of Examinations--Ex-officio Member Secretary. (2)
The Board shall prepare the lists from
amongst persons included in the panels to be prepared by the Board of Studies
and shall submit them for approval to the Syndicate which shall then appoint
the examiners: Provided
that no change in the list shall be suggested or made by the Syndicate except
by passing a resolution stating the specific ground on which each change
suggested or made is based. (3)
If, for any reason, any examiner is unable to
accept the examinership and a fresh appointment cannot be made in time by the
Syndicate, the Vice-Chancellor shall appoint another examiner and report such
appointment to the Syndicate. (4)
No member of the Syndicate or of the Board
shall be appointed as examiner except by a resolution of the Syndicate passed
by two-thirds of the members present. (1)
The University may establish,-- (i) ??a Board of
Extra-mural studies, (ii)? ?a Board of Student-Welfare; and (iii)? ?such other Boards as may be prescribed by
Statutes. (2)
The constitution, functions and powers of the
Boards established under sub-section (1) shall be as prescribed by Ordinances. (1)
Save as otherwise provided, the term of
office of the members other than the ex-officio members of the Senate,
Syndicate and Academic Council shall be three years. (2)
Save as otherwise provided in this Act the
Senate, the Syndicate and the Academic Council shall be reconstituted at or
about the same time and the members of the said Authorities shall, except in
the case of ex-officio members, hold office as members thereof up to the date
of next reconstitution: Provided
that the term of a member appointed to fill a casual vacancy shall be the
residuary term of his predecessor. The
method of election of the members of the-Senate, the Syndicate and the Academic
Council shall be as prescribed by the Statutes. Subject
to the provisions of this Act, the Statutes may provide for all or any of the
following matters, namely:-- (a)
the constitution, functions and powers of the
Authorities of the University and such other bodies as may be declared to be
the Authorities of the University from time to time; (b)
the election and continuance in office of the
members of the said Authorities or bodies, including the continuance in office
of the first members and the filling of vacancies of members and all other
matters relating to those Authorities or bodies of which it may be necessary or
desirable to provide; (c)
the conferment of Honorary Degrees; (d)
holding of convocations for conferring
degrees and diplomas; (e)
the withdrawal of degrees, diplomas,
certificates and other academic distinctions; (f)
the establishment, maintenance and abolition
of faculties, departments, hostels, colleges and institutions; (g)
the conditions under which colleges may be affiliated
and such affiliation may be withdrawn; (h)
the institution of fellowships, scholarships,
studentships, exhibitions, medals and prizes; (i)
the institution, suspension or abolition of
Professorships, Readerships, Lecturerships,' ministerial and non-teaching
posts; (j)
the procedure to be followed at meetings of
such other Authorities or bodies including the quorum for the transaction of
the business by them;. (k)
the classification of teachers of the
University and to the affiliated colleges; (l)
the method of recruitment of teachers; (m)
the conditions of service including
emoluments of the employees of the University; (n)
the acceptance and management of bequests,
donations and endowments;" (o)
the registration of graduates and maintenance
of the register of registered graduates; and (p)
all other matters which by this Act are to be
or may be provided for by the Statutes. (1)
The Statutes may be made, amended or repealed
by the Senate in the manner hereinafter provided. (2)
The Senate may take into consideration the
draft of a Statute either of its own motion or on a proposal made by the
Syndicate. Where the draft is not proposed by the Syndicate, the Senate shall
obtain the opinion of the Syndicate thereon before considering the same: Provided
that if the Syndicate fails to submit its opinion within three months from the
date it receives the draft, the Senate may proceed to take the draft into
consideration. (3)
The Senate if it thinks necessary, may also
obtain the opinion of any officer, Authority or body of the University in
regard to the draft Statutes before it takes them into consideration: Provided
that where such draft Statutes pertain to academic matters, the Senate shall
obtain the opinion of the Academic Council before considering it. (4)
Every Statute passed by the Senate shall be
submitted to the Chancellor through the State Government for assent. The
Chancellor may give or withhold his assent thereto or refer it back to the
Senate for further consideration. (5)
No statute passed by the Senate shall have
validity until assented to by the Chancellor. Subject
to the provisions of this Act and the Statutes, the Ordinances may provide for
all or any of the following matters, namely:-- (a)
admission of students to the University and
their enrolment as such; (b)
courses of study for all degrees, diplomas
and certificates of the University; (c)
degrees, diplomas and certificates and other
qualifications for the same and the measures to be taken relating to the
granting and obtaining the same. (d)
fees to be charged for the courses of study
in the University and in the affiliated colleges and for admissions to the
examinations, degrees and diplomas of the University; (e)
conditions relating to the award of
fellowships, scholarships, studentships, exhibitions, medals and prizes; (f)
conduct of examinations including the term of
office and the duties of examining bodies, examiners and moderators; (g)
conditions of residence of the students of
the University; (h)
special arrangements, if any, which may be
made for the residence, discipline and teaching of women students and
prescribing for them special courses of study where necessary; (i)
regulating the giving of religious
instruction; (j)
management of colleges and other institutions
founded or maintained by the University; (k)
supervision and inspection of colleges and
other institutions affiliated to the University; (l)
fees to be charged for the services rendered
by the University; (m)
conditions for recognition of hostels not
maintained by the University; (n)
health and discipline of students in the
University and in the affiliated-colleges and other institutions; (o)
rules to be observed and enforced by the
colleges and recognised institutions in respect of transfer of students; and (p)
all other matters which by this Act or by the
Statutes are to be or may be provided for by the Ordinances. (1)
The Ordinances may be made by the Syndicate
in the manner hereinafter provided. (2)
In making the Ordinances, the Syndicate shall
consult,-- (a)
the Board or the Boards of Studies concerned
when such Ordinances affect the duties of examiners; and (b)
the Academic Council, when such Ordinances
affect the courses of study, conduct or standard of examinations or the
conditions of residence of students. (3)
The Syndicate shall not have power to amend
the draft of any Ordinance proposed by the Academic. Council but it may reject
the proposal or return the draft to the Academic Council for reconsideration,
either in whole or in part, together with such amendments as the Syndicate may
suggest. (4)
All Ordinances made by the Syndicate shall
have effect from such date as it may direct. But every Ordinance shall be
submitted through the State Government to the Chancellor within two weeks from
the making thereof. The Chancellor may, within four weeks of the receipt of the
Ordinance, by order, direct, that the operation of any Ordinance shall be
suspended and shall as soon as possible inform the Syndicate of his objection
to it. He may after receiving through the State Government the comments of the
Syndicate either withdraw the order of suspension or disallow the Ordinance.
His decision shall be final. (5)
Where the Syndicate has rejected the draft of
an Ordinance proposed by the Academic Council, the Academic Council may appeal
to the Chancellor through the State Government. (6)
The Chancellor may, after obtaining through
the State Government, the comments of the Syndicate, either reject the appeal
or approve the Ordinance as proposed by the Academic Council. Thereupon, the
Ordinance shall have effect as if made by the Syndicate. (1)
The Academic Council may, subject to the
approval of the Chancellor sought and obtained through the State Government
make Regulations consistent with this Act, the Statutes and the Ordinances. (2)
The Regulations may provide for exercising
all or any of the powers enumerated in section 27 and particularly for the
following matters, namely:-- (a)
admission of students to the University; (b)
recognition of examinations and degrees 'of
other Universities as equivalent to the examinations and degrees of the
University; (c)
the University courses and examinations and
conditions on which students of the University or the affiliated colleges or of
other University Institutions shall be admitted to examinations or degrees,
diplomas and certificates of the University; (d)
the granting of exemptions. (3)
Every Regulation shall come into force on the
date it is approved by the Chancellor or on such other date as the Chancellor
may direct. The Regulations shall also be published in the official Gazette. (1)
Any Authority of the University specified in
clauses (d) to (g) of section 20 and any Board of the University may, subject
to the approval of the Syndicate, make rules consistent with this Act, the
Statutes, the Ordinances and the Regulations. (2)
The rules may provide for? (a)
the giving of notice to the members of each
Authority or Board of the dates of meetings and of the business to be
transacted at the meetings and also for keeping a record of the proceedings of
meetings; (b)
the procedure to be followed at meetings and
the number of members required to form the quorum for meetings, and (c)
all matters solely concerning such Authority
or Board and not provided for by this Act, the Statutes, the. Ordinances or the
Regulations. (3)
The Syndicate may refuse to approve the rules
submitted or may return them to the Authority or Board concerned for further
consideration or may approve the rule's without modification or subject to such
modification as the Syndicate deems fit. (4)
Every rule made under this section shall come
into force on the date it is approved by the Syndicate. It shall also be
published in the official Gazette. (1)
The amounts received from any of the
following sources shall form part of the University Fund:-- (a)
any contribution or grant made by the State
Government; (b)
any contribution or grant made by the University
Grants Commission or the Central Government; (c)
any bequests, donations, endowments or other
grants made by private individuals or institutions; (d)
the income received by the University from
fees and charges; and (e)
the amounts received from any other source. (2)
The said Fund shall be kept in a Scheduled
Bank as defined in the Reserve Bank of India Act, 1934, or in a corresponding
new bank constituted under the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 or may be invested in securities authorised by the
Indian Trusts Act, 1882, as may be decided by the Syndicate. (3)
The said Fund may be employed for any of the
purposes of the University in the manner prescribed by Statutes. (1)
The annual accounts of the University shall
be prepared under the direction of the Syndicate. (2)
The accounts of the University shall, at
least once in a year, be audited by the Controller of State Accounts. (3)
The accounts when audited shall be published
by the Syndicate in the official Gazette and a copy of the accounts together
with the audit report shall be placed before the Senate and shall also be
submitted to the State Government. The State Government shall lay the same
before both Houses of the State Legislature at their next earliest session. (4)
The annual accounts shall be considered by
the Senate at its annual meeting. The Senate may pass resolutions with
reference thereto and communicate the same to the Syndicate. The Syndicate
shall Consider the suggestions made by the Senate and take such action thereon
as it thinks fit. The Syndicate shall inform the Senate at its next meeting all
action taken by it or the reasons for not taking action. (1)
The Syndicate shall prepare before such date
as may be prescribed by the Statutes the financial estimates for the ensuing
year and place the same before the Senate. (2)
The Syndicate may, in cases where expenditure
in excess of the amount provided in the Budget is to be incurred or in cases of
urgency, for reasons to be recorded in writing, incur expenditure subject to
such restrictions and conditions specified in the Statutes. Where no provision
has been made in the Budget in respect of such excess expenditure, a report
shall be made to the Senate at its next meeting. The
State Government shall have the power to direct, whenever deemed necessary, an
audit of the accounts of the University, including those of the institutions
managed by it, by such auditors as it may specify. (1)
The Syndicate shall prepare the Annual Report
containing such particulars as the State Government may specify, covering each
financial year and submit it to the Senate on or before such date as may be
prescribed by the Statutes. The Senate may pass resolutions thereon and the
Syndicate shall take action in accordance therewith. The action taken shall be
intimated to the Senate. (2)
Copies of the Annual Report along with the
resolution of the Senate thereon shall be submitted to the State Government.
The State Government shall lay the same before both Houses of the State
Legislature at their next earliest session. (1)
Any member, other than the ex-officio member,
of any Authority or body of the University may resign his office, by a letter
addressed to the Registrar and the resignation shall take effect on receipt of
such letter by the Registrar. (2)
No member of any Authority or body of the
University who is elected, appointed or nominated in his capacity as a member
of a particular electorate or body or as a teacher or, where expressly stated
so, as the holder of a particular appointment, shall continue to be a member of
such Authority or body on his ceasing to be a member of the particular
electorate or body or a teacher or the holder of that particular appointment. (3)
A member of any Authority or body of the
University shall cease to be a member on his being convicted by a court of law
for any offence involving moral turpitude. All
vacancies among the members (other than Ex-officio members) of any Authority or
other body of the University arising by reason of death, resignation or
otherwise shall be filled, as soon as conveniently may be, by the person or
body who appointed, nominated, elected or co-opted the member whose place has
become vacant and the person so appointed, nominated, elected or co-opted shall
be a member of such Authority or body for the unexpired portion of the term for
which the member in whose place such person is appointed, nominated elected or
co-opted, would otherwise have continued in office: Provided
that pending the appointment, nomination or election of any person to fill any
such vacancy in the manner aforesaid the vacancy (other than a vacancy in the
Senate, may be filled by the person or body who appointed, nominated, qualified
to fill such vacancy under the provisions of this Act and any person so
nominated shall hold office as a member of such Authority or body until a
person is appointed, nominated, elected or co-opted thereto in accordance with
the provisions of this Act. (1)
If any question arises 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. (2)
The decision of the Chancellor on that
question shall be final and shall not be called in question in-any court of
law. (1)
There shall be a Board of Appointment for
selecting persons for appointment as Professors, Librarian, Readers and
Lecturers in the University. (2)
Every such Board shall consist of,-- (a)
for selections to the posts of Professors and
to the post of Librarian-- (i) ????the
Vice-Chancellor--Ex-Officio Chairman; (ii)?? ?the Head of the Department concerned, if he is
a Professor and if he is not a Professor, a Professor from any other University
in the State, nominated by the Chancellor; (iii)? ?three experts nominated by the Chancellor, two
of whom from a panel furnished by the University Grants Commission and' the
other from amongst persons serving in any other University in the State; (b)
for selections to the posts of Readers and
Lecturers-- (i)?? ?the Vice-Chancellor--Ex-Officio Chairman; (ii)? ?two experts nominated by the Chancellor; (iii) ??one Head of
the, Department concerned, if he is a Professor and if he is not a Professor, a
Professor of any other University in the State nominated by the Chancellor; and (iv) ?one Professor
from any other University in the State nominated by the Chancellor, where the
Head of Department concerned is not a Professor. (3)
The Registrar shall act as the Secretary of
the Board of Appointment. (4)
Every post of Professor, Librarian, Reader or
Lecturer to be filled by selection shall be duly, and widely advertised together
with the minimum and other qualifications, if any, required, the emoluments and
the number of posts to be filled, and reasonable time shall be allowed within
which the applicants may apply. (5)
The quorum for a meeting of the Board of
Appointment shall be four of whom in the case of selections to the posts of
Professors and the Librarian at least two shall be the experts and in the case
of selections to the other posts, at least one shall be the expert. (6)
The Board shall interview, adjudge the merit
of each candidate, in accordance with the qualifications advertised and prepare
a list of persons selected arranged in the order of merit. It shall forward the
list to the Chancellor who shall make appointments in accordance with the same. (7)
In preparing the list under sub-section (6)
the Board shall follow the orders issued by the State Government from time to
time in the matter of reservation of posts for the Scheduled Caste's, the
Scheduled Tribes and other backward classes of citizens. (8)
Notwithstanding anything in sub-section (7),
preference shall be given to persons belonging to the Scheduled Castes and the
Scheduled Tribes in any selection if in the opinion of the Board such persons
possess merit a little above the minimum qualification prescribed and are suitable. (9)
Notwithstanding anything in the preceding
subsections, appointments to the posts of Professors and Readers in
under-graduate colleges maintained by the University shall be made by such
authority as may be prescribed in the Statutes by promotion on the basis of
seniority cum-merit from Readers and Lecturers respectively: Provided
that whenever any new subject is introduced, appointment of Professors, Readers
and Lecturers in such new subject shall be made in such manner as may be
prescribed by Statutes. (1)
There shall be constituted a Board of
Appointment to select candidates for appointment to the non-teaching posts
other than ministerial posts in the University. (2)
The Board shall consists of-- (i)?? ?the Vice-Chancellor--Ex-officio Chairman; (ii) ???the
Registrar; (iii)? ?one person supervising the work of the section
for which recruitment is made, nominated by the Vice-Chancellor; (iv) ??two persons
nominated by the Chancellor in consultation with the State Government, one of
whom shall be a person belonging to the Scheduled Castes or the Scheduled
Tribes and the other shall be a person belonging to any socially and
educationally backward classes of citizens declared as such by the State
Government or any religious or linguistic minority. (3)
Such of the posts as according to the
Statutes are to be filled by direct recruitment shall be filled from among
persons selected by the Board in the order in which their names are arranged in
the list prepared by the Board. Appointment to posts by promotion shall be made
after consulting the Board. (4)
While preparing the list of candidates
selected for appointment to the direct recruitment vacancies, the Board shall
comply with the orders issued by the State Government from time to time for
reservation of posts for the Scheduled Castes, the Scheduled Tribes and other
backward classes of citizens. (5)
All appointments shall be made by the
Chancellor: Provided
that appointments to posts the maximum of the scale of pay of which does not
exceed rupees five hundred shall be made by the Vice-Chancellor. (1)
Appointment to the ministerial post's in the
University shall be made by the Vice-Chancellor from the list of candidates
selected by the Karnataka Public Service Commission on a requisition made by
the University. (2)
While preparing the list of candidates the
Karnataka Public Service Commission shall comply with the orders issued by the
State Government from time to time for reservation of post's for the Scheduled
Castes, the Scheduled Tribes and the other socially and educationally backward
classes of citizens. (3)
Notwithstanding anything in the Karnataka
Public Service Commission (Conduct of Business and Additional Functions) Act,
1959 (Karnataka Act 20 of 1959), the selection of candidates and the
preparation and forwarding of the lists shall be an additional function
entrusted to the Karnataka Public Service Commission. Notwithstanding
anything in any contract, agreement or in any other law for the time being in
force, the Chancellor may, for administrative reasons, transfer any person
holding any post in the University to any other University established under
this Act and the person so transferred shall carry with him to the University
to which he is transferred such conditions of service as may be specified in
the order of transfer. Such person shall on transfer, be deemed to be appointed
by the competent authority of the other University. For purposes of ordering
transfers under this section the Chancellor shall be deemed to be the
appointing authority in respect of the posts held by the persons transferred. (1)
Colleges within the University Area may, on
satisfying the conditions specified in this section, be affiliated to the
University as affiliated colleges by the State Government. (2)
A college applying for affiliation to the
University shall send an application to the Registrar within the time limit
fixed by Ordinances and shall satisfy the Syndicate and the Academic Council,-- (a)
that it will supply a need in the locality,
having regard to the type of education intended to be provided by the college,
the existing provision for the same type of education made by other colleges in
the neighborhood and the suitability of the locality where the college is to be
established; (b)
that it is to be under the management of a
regularly constituted governing body; (c)
that the strength and qualifications of the
teaching staff and the conditions governing their tenure of office are such as
to make due provision for the courses of instruction, teaching or training to
be undertaken by the college; (d)
that the buildings in which the college is to
be located are suitable and that provision will be made in conformity with the
Ordinances for the residence in the college or in lodgings approved by the
college, for students not residing with their parents or guardians and for the
supervision and welfare of students; (e)
that due provision has been made or will be
made for a library; (f)
where affiliation is sought in any branch of
experimental science, that arrangements have been or will be made in conformity
with the Statutes, Ordinances and Regulations for imparting instruction in the
branch of science in a properly equipped laboratory or museum; (g)
that due provision will, as far as
circumstances may permit, be made for the residence of the Principal and
members of the teaching staff in or near the college or the place provided for
the residence of students; (h)
that the financial resources of the college
are such as to make due provision for its continued maintenance and efficient
working; and (i)
that rules fixing the fees (if any) to be
paid by the students have been framed or will be framed. (3)
The application shall further contain an
assurance that after the college is affiliated, any transference of management
and all changes in the teaching staff and all other changes which result in any
of the aforesaid requirements not being fulfilled or continued to be fulfilled
shall be forthwith reported to the Syndicate and to the State Government or
such authority as the State Government may specify. (4)
On receipt of a letter of application under
sub-section (2), the Syndicate shall? (a)
direct a local inquiry to be made by a
competent person or persons authorised by the Syndicate in this behalf in
respect of such matters as may be deemed necessary and relevant; (b)
make such further inquiry as may appear to it
be necessary; and (c)
record its opinion after consulting the
Academic Council on the question whether the application should be granted or
refused, either in whole or in part, stating the result of any inquiry under
clauses (a) and (b). (5)
The Registrar shall submit the application
and all proceedings, if any, of the Academic Council and of the Syndicate
relating thereto to the State Government which after such inquiry as may appear
to it to be necessary shall grant or refuse the application or any part
thereof. (6)
Where the application or any part thereof is
granted, the order of the State Government shall specify the courses of
instruction in respect of which and the period for which the college is
affiliated, and where the application or any part thereof is refused, the
grounds of such refusal shall be stated. (7)
As soon as possible after the State
Government makes its order, the Registrar shall submit to the Senate a full
report regarding "the application, the action taken thereon under
sub-sections (4) and (6) and of all proceedings connected therewith. (8)
An application under sub-section (1) may be
withdrawn at any time before an order is made under subsection (5). (9)
Where a college desires to add to the courses
of instruction in respect of which it is affiliated, the procedure prescribed
by sub-sections (2) to (8) shall, so far as may be, followed. (1)
Any institution in the University Area other
than a college which conducts research or specified studies, may be recognised
by the Syndicate as a recognised institution for such purpose and in such
manner and subject to such conditions as may be prescribed by the Statutes. (2)
Any such recognition may be withdrawn either
in whole or in part or modified in such manner and for such reasons as may be
prescribed by the Statutes. (1)
Every affiliated college shall furnish to the
Registrar such reports, returns and other information as the Syndicate after
consulting the Academic Council may require to enable it to judge the
efficiency of the college or institution. (2)
The Syndicate shall cause, every such college
to be inspected from time to time by one or more competent persons authorised
by it in this behalf. (3)
The Syndicate may call upon any college so
inspected to take, within a specified period, such action as may appear to it
to be necessary in respect of any of the matters referred to in sub-section (2)
of section 53. (1)
The rights conferred on a college by
affiliation may be withdrawn in whole or in part or modified if the college has
failed to comply with any of the provisions of sub-section (2) of section 53 or
the college has failed to observe any of the conditions of its affiliation or
the college is conducted in a manner which is prejudicial to the interests of
education. (2)
A motion for the withdrawal or the
modification of such rights shall be initiated only in the Syndicate. The
member of the Syndicate who intends to move such a motion shall give notice of
it and shall state in writing the grounds on which it is made. (3)
Before taking the said motion into'
consideration, the Syndicate shall send a copy of the notice and written
statement mentioned in sub-section (2) to the Principal of the college
concerned together with an intimation that any representation in writing
submitted within a period specified in such intimation on behalf of the college
will be considered by the Syndicate. Provided
that the period so specified may; if necessary, be extended by the Syndicate. (4)
On receipt of the representation or on the
expiry of the period referred to in sub-section (3) the Syndicate after
considering the notice of motion, statement and representation and after such
inspection by any competent person or persons authorised by it in this behalf
and such further inquiry as may appear to it to be necessary and after
consulting the Academic Council shall make a report to the Senate. (5)
On receipt of the report under sub-section
(4) the Senate shall, after such further inquiry, if any, as may appear to it
to be necessary record its opinion in the matter; Provided
that no resolution of the Senate recommending the withdrawal of affiliation
shall be deemed to have been passed by it unless the resolution has obtained
the support of two-thirds of the members present at a meeting of the Senate,
such majority comprising not less than one-half of the members of the Senate. (6)
The Registrar shall submit the proposal and
all proceedings, if any, of the Academic Council, the Syndicate and the Senate
relating thereto, to the State Government which after such further inquiry, if
any, as may appear to it to be necessary, shall make such order as it deems
fit. (7)
Where by an order made under sub-section (6),
the rights conferred by affiliation are withdrawn in whole or in part or
modified, the grounds for such withdrawal or modification shall be stated in
the order. No
student shall be eligible for admission to a course of study for a degree or
diploma unless he possesses such qualifications as may be prescribed. Every
student of the University shall reside in a hostel recognised by the University
or under such conditions as may be prescribed by the Ordinances. If not
less than two-thirds of the members of the Syndicate recommend that an Honorary
Degree or academic distinction be conferred on any person on the ground that he
is, in their opinion, by reason of eminent attainment and position, fit and
proper to receive such degree or academic distinction the Senate may, by a
resolution, decide that the same may be conferred on the person recommended. (1)
The Senate may on the recommendation of the
Syndicate withdraw any distinction, degree, diploma or privilege conferred on
or granted to any person by a resolution passed by a majority of the total
membership of the Senate and by a majority of not less than two-thirds of the members
of the Senate present and voting at the meeting, if such person has been found'
convicted by a court of law for an offence which, in the opinion of the Senate,
involves moral turpitude or if he has been guilty of gross misconduct. (2)
No action under this section shall be taken
against any person unless he has been given an opportunity to show cause
against the action proposed to be taken. (3)
A copy of the resolution passed by the Senate
shall be immediately sent to the person concerned. (4)
Any person aggrieved by the decision taken by
the Senate may appeal to the Chancellor through the State Government within
thirty days from the date of receipt of such resolution. (5)
The decision of the Chancellor on such appeal
shall be final. (1)
The Chancellor shall once at least in every
five years constitute a Commission to review the working of the University and
make recommendations. (2)
The Commission shall consist of not less than
three eminent educationists, one of whom shall be the Chairman, appointed by
the Chancellor in consultation with the State Government. (3)
The terms and conditions of appointment of
the members shall be such as the Chancellor may, in consultation with the State
Government, determine. (4)
The Commission shall after holding such
enquiry as it deems fit make its recommendations to the Chancellor through the
State Government. (5)
The Chancellor may, in consultation with the
State Government take such action on the recommendations as he deems fit. (6)
The State Government shall lay a copy of the
recommendations together with a memorandum indicating the action taken before
both Houses of the State Legislature. (1)
The final authority responsible for
maintenance of discipline among the, students of the University shall be the
Vice-Chancellor. His directions in that behalf shall be carried out by the
heads of colleges hostels and other institutions. (2)
Notwithstanding anything contained in
sub-section (1), the punishment of debarring a student from examinations or
rustication from a college or a hostel or an institution shall, on the report
of the Vice-Chancellor, be considered and imposed by the Syndicate: Provided
that no such punishment shall be imposed without giving to the student
concerned a reasonable opportunity to show cause against the action proposed to
be taken against him. Whenever
in accordance with this Act or the Statutes any person is to hold an office or
be a member of any Authority or body of the University according to seniority,
such seniority shall be determined by the order in which the names are arranged
in the seniority list pertaining to that cadre or class of posts. (1)
No disqualification of or defect in the
election or appointment of any person as a member of any Authority or body of
the University shall be deemed to vitiate any act or proceeding of such
Authority or body in which such person has taken part whenever the majority who
were parties to such act or proceeding were entitled to act. (2)
No resolution of any Authority or body of the
University shall be deemed invalid on account of any irregularity in the
service of notice upon any member, provided that the proceedings of such
Authority or body were not prejudicially affected by such irregularity. (3)
During any vacancy in any Authority or body
of the University, the continuing members may act as if no vacancy had
occurred. (4)
No act done or proceeding taken under this
Act shall be questioned on the ground merely of any defect or irregularity not
affecting the merits of the case. (5)
No act or proceedings of any Authority or
body shall be invalidated merely because of the existence of a vacancy or
vacancies for whatever reasons, among its members. This
Act and any statute or Regulation or Ordinance made thereunder shall in respect
of any college in the University Area have effect notwithstanding anything
inconsistent therewith contained in any other enactment with respect to matters
enumerated in List II of the Seventh Schedule to the Constitution of India. No
suit or other legal proceeding shall lie against and no damages shall be
claimed from, the University or its Authorities, bodies or officers for
anything which is in good faith done or intended to be done in pursuance of
this Act, the Statutes, Ordinances, Regulations or Rules made thereunder. The
relations of the affiliated colleges with the University shall be governed by
the Statutes to be made in that behalf and such Statutes shall provide in
particular for the exercise by the University of the following powers in
respect of the college affiliated to the University:-- (1)
to lay down minimum educational
qualifications for the different classes of teachers and tutorial staff
employed by such colleges; (2)
to co-ordinate and regulate the facilities
provided and expenditure incurred by such colleges in regard to libraries,
laboratories and other equipments for teaching and research; (3)
to regulate conditions of service of teachers
of such colleges including the grant of leave with or without allowances and
the constitution of pension insurance and provident funds for the benefit of
such teachers; and (4)
to require satisfactory arrangements for tutorial
and similar other work in such colleges and to inspect such arrangements from
time to time: Provided
that such colleges shall supplement such teaching by tutorial or other
institution or training in a manner to be prescribed by the Regulations to be
made by the Academic Council. (1)
The State Government may, by order published
in the official Gazette transfer to the University with effect from such date
and subject to such conditions as may be specified in the order, any of its
colleges, any hostel or other building of such college and the articles of
furniture, library, books laboratory, stores, instruments, apparatus,
appliances and equipments of such college. Upon the publication of such order,
the college shall become a college maintained and administered by the
University as its college and the properties mentioned in the order shall
become the properties of the University: Provided
that until arrangements are made by the University, the State Government shall
be and continue to be responsible for keeping the transferred building of the
said college, including fixtures, fittings and connections in a proper state of
repairs, as may from time to time be required by the University. (2)
Nothing in this Act shall be deemed to
authorities the University to sell, lease, exchange or otherwise dispose of any
land or building transferred to the University under sub-section (1.) or under
sub-section (4) of, section 5. (3)
Where any college has been' transferred to
the maintenance and control of the University by an order under sub-section
(1), then, notwithstanding anything contained in this Act? (a)
all members of the teaching staff and other
servants of the State Government who, immediately before the date of the
publication of the said order, were serving in or were attached to that college
shall stand transferred to the appropriate cadre or category of posts in the
University; (b)
the University shall, consider in
consultation with the State Government, the claims to-appointment in the
University of such teachers employed in any other educational institutions
either within 'or without the territorial limits of the University as were in
the service of the State Government immediately before the date of such
transfer in vacancies which in the event of such vacancies being filled by
appointment or promotion of the teachers in the University who were immediately
before the date of such transfer in the service of the State Government, may
involve the supersession of the claims of the teachers employed in the
educational institutions referred to above. Whenever
the University receives funds from State Government, University Grants
Commission or other agencies sponsoring a scheme to be executed by the
University, notwithstanding anything in this Act-- (1)
the amount received shall be kept by the
University separately from the University Funds and utilised only for the
purposes of the scheme; and (2)
the staff required to execute the scheme
shall be recruited in accordance with the terms and conditions stipulated by
the sponsoring organisation. If any
difficulty arises with respect to the establishment of the University or in
connection with the first meeting of any Authority of the University or
otherwise in first giving effect to the provisions of this Act or the Statutes
the Chancellor may, at any time before all Authorities of the University have
been constituted by order make any appointment or do anything consistent, so
far as may be, with the provisions of this Act and the Statutes, which appear
to him necessary or expedient for the purpose of removing the difficulty and
every such order shall have effect as if such appointment or action had been
made or taken in the manner provided in this Act: Provided
that before making any such order the Chancellor shall ascertain and consider
the opinion of the Vice-Chancellor and of such of the appropriate Authorities
of the University as may have been constituted, on the proposed order. Notwithstanding
anything contained in this Act, the Vice-Chancellor may, with the previous
approval of the Chancellor and subject to the provision of funds by the State
Government or otherwise, discharge all or any of the functions of the
University for the purpose of carrying out the provisions of this Act and for
that purpose may exercise any powers or perform any duties which by this Act
are to be exercised or performed by any Authority of the University until such
Authority comes into existence as provided by this Act. (1)
Until Statutes, Ordinances, Regulations and
Rules are made under the appropriate provisions of this Act, the Statutes,
Ordinances, Regulations and Rules which were in force under the Bangalore
University Act, 1964 (Karnataka Act 26 of 1964), the Karnatak University Act,
1949 (Bombay Act 20 of 1949) and the Mysore University Act, 1956 (Mysore Act 23
of 1956), immediately before the commencement of this Act, shall, subject to
such adaptations or modifications as may be made therein by the Vice-Chancellor
with the approval of the Chancellor obtained through the State Government, in
so far as they' are not inconsistent with the provisions of this Act, be deemed
to be Statutes, Ordinances, Regulations and Rules made under the appropriate
provisions 'of this Act. (2)
The person holding the office of the
Vice-Chancellor of the Bangalore University, the Karnatak University or the
Mysore University on the date of commencement of this Act shall continue to
hold office till the date he would have held that office if this Act had not
been passed. The
Vice-Chancellor shall take necessary action for elections being held,
appointments, nomination and co-options being made under this Act so that the
Senate, the Syndicate, the Academic Council and other authorities shall come
into existence not later than nine months from the appointed date. Notwithstanding
anything contained in this Act, the Statutes, Ordinances or the Regulations-- (a)
any student who immediately prior to the
commencement of this Act was studying for a degree of the Bangalore University,
the Karnatak University or the Mysore University established under the
Bangalore University Act, 1964, the Karnatak University Act, 1949 and the
Mysore University Act, 1956, in accordance with the Regulations in force under
those Acts, may until such examination is provided by the University, be
admitted to the examinations of the Universities of Bangalore, Karnatak and
Mysore established and incorporated under section 3 and be conferred the degree
of the latter Universities for which he qualifies on the result of such
examination; (b)
if the Bangalore University, the Karnatak
University or the Mysore University established under the Bangalore University
Act, 1964, the Karnataka University Act, 1949 and the Mysore University Act,
1956 has held any examination the result of which has been published but the
degree's relating thereto have not been conferred or issued or the result of
any such examination has not been published by the said University, then such
examination shall be deemed to have been held by the Bangalore University, the
Karnatak University or the Mysore University established and incorporated under
section 3. (1)
The Karnataka State Universities Ordinance,
1975 (Karnataka Ordinance No. 12 of 1975) is hereby repealed. (2)
Notwithstanding such repeal-- (i)??? ?anything done or any action taken under the
said Ordinance shall be deemed to have been done or taken under the
corresponding provisions of this Act; and (ii)?? ?the provisions of sub-sections (1) and (3) of
section 74 of the said Ordinance shall continue to have effect as if enacted in
this Act.
Preamble - KARNATAKA STATE UNIVERSITIES ACT,
1976PREAMBLE