PES UNIVERSITY ACT, 2012 THE PES UNIVERSITY ACT, 2012 [Act No. 16 of 2013] [05th February, 2013] An Act to establish and incorporate in the State of
Karnataka a University of unitary nature in Private Sector to promote and
undertake the advancement of University Education in Engineering, Medicine,
Pharmacy, Science, Arts, Social Science, Computer Applications, Humanities and
Management and allied sectors and for the matters connected there with or incidental
thereto. Whereas
it is expedient to establish and incorporate in the State of Karnataka a
University of unitary nature in private sector to promote and undertake the
advancement of University Education in Engineering, Medicine, Pharmacy,
Science, Arts, Social Science, Computer Applications, Humanities and Management
and allied sectors and for the matters connected therewith or incidental
thereto for the purposes hereinafter appearing; Be it
enacted by the Karnataka State Legislature in the sixty third year of the
Republic of India as follows:- (1)
This Act may be called the PES University
Act, 2012. (2)
It extends to the whole of the State of
Karnataka. (3)
It shall come into force on such date as the
State Government may, by notification in the official Gazette, appoint. In
this Act, unless the context otherwise requires,- (a)
"Academic Council" means the
Academic Council of the University as specified in section 26; (b)
"Agenda Matters" means all the
matters and business to be designated in the Statutes each of which can be
either included in the Agenda or be taken up for discussion and decision at a
meeting of the Board of Governors or the Executive Council or any Committees,
as the case may be, only subject to the prior written approval of the
Chancellor, consenting to the passing of such matters and business at such a
meeting; (c)
"Board of Governors" means the
Board of Governors of the University as constituted under section 24; (d)
"Chancellor", "Pro
Chancellor", "Vice-Chancellor", "Pro Vice-Chancellor"
means respectively the Chancellor, Pro-Chancellor, Vice Chancellor and Pro Vice
Chancellor of the University; (e)
"Campus" means a campus
established, maintained by the University; (f)
"Committees" means the committees
formed under this Act or by the various functionaries of the University, as the
case may be, and includes the Search Committee, Nomination Committee, the
Finance Committee, the Finance Council and such other committees; (g)
"Constituent College" means a
college or institution established and maintained by the University; (h)
"Executive Council" means the
Executive Council of the University as constituted under section 25; (i)
"Finance Council" means the Finance
Council of the University as constituted under section 28; (j)
"Government" means the Government
of Karnataka; (k)
"National Accreditation Bodies"
means a body established by the Central Government for laying down norms and
conditions for ensuring academic standards of higher education, such as
University Grants Commission, All India Council of Technical Education, Medical
Council of India, Pharmaceutical Council of India, Indian Council of
Agriculture Research, National Assessment and Accreditation Council, National
Council of Teacher Education, Council of Scientific and Industrial Research,
and includes the Government; (l)
"Prescribed" means prescribed by
rules made by the Government under this Act. (m)
"Principal in relation to a Constituent
College" means the head of the Constituent College and includes, where
there is no Principal or in the absence of a Principal appointed, the
Vice-Principal or any other person for the time being appointed to act as
Principal; (n)
"Registrar" means the Registrar of
the University; (o)
"Regional Centre" means a centre
established or maintained by the University for the purpose of coordinating and
supervising the work of Study Centers in any region and for performing such
other functions as may be conferred on such centre by the Executive Council; (p)
"Society" means the Peoples
Education Society registered under the Karnataka Societies Registration Act,
1960 (Karnataka Act 17 of 1960); (q)
"Sponsoring Authority" or
"sponsoring body" in relation to this Act means the Society; (r)
"State" means State of Karnataka; (s)
"Statutes" and
"Regulations" means respectively, the Statutes and Regulations of the
university made under this Act; (t)
"Study centre" means a centre
established and maintained by the university for the purpose of advising,
counseling or for rendering any other assistance required by the students. (u)
"Teacher" means and includes a
Professor, Associate Professor, Assistant Professor, Adjunct Professor or such
other person as may be appointed for imparting instruction or conducting or to
guide research in the University or in a Constituent College and includes the
Principal of Constituent College in conformity with the norms specified by the
'University Grants Commissions; (v)
"University Grants Commission"
means the Commission established under section 4 of the University Grants
Commission Act, 1956 (Central Act 3 of 1956); (w)
"University" means the PES
University, established and incorporated under this Act; (x)
"Visitor" means the visitor of the
University as specified in section 13. (1)
The Society shall have the right to establish
the University of unitary nature subject to and in accordance with the
provisions of this Act. (2)
The proposal to establish a University shall
be made to the State Government by the Society. (3)
The proposal shall consist of the following
particulars, namely:- (i)
the objects of the University along with the
details of the Society; (ii)
the extent and status of the University and
the availability of land; (iii) the nature and type of programs of study and research to
be undertaken by the University during a period of five academic years
immediately following the commencement date; (iv)
the nature of faculties, courses of study and
research proposed to be started; (v)
the campus development such as buildings,
equipment and structural amenities; (vi)
the phased outlays of capital expenditure for
a period of five academic years immediately following the commencement date; (vii) the item-wise recurring expenditure, sources of finance
and estimated expenditure for each student; (viii) the scheme for mobilizing resources and the cost of
capital thereto and the manner of repayments to each source; (ix)
the scheme of generation of funds internally
through the recovery of fee from students, revenues anticipated from
consultancy and other activities relating to the objects of the University and
other anticipated incomes; (x)
the details of expenditure on unit cost, the
extent of concessions or rebates in fee, free ship and scholarship for students
belonging to economically weaker sections and the fee structure indicating
varying rate of fee, if any, that would be levied on students who are either
non resident Indians or persons of Indian origin or sponsored by non resident
Indians or persons of Indian origin and students of nationalities other than
India; (xi)
the years of experience and expertise in the
concerned discipline at the command of the Society as well as the financial
resources; (xii) the system for selection of students to the courses of
study at the University; and (xiii) status of fulfillment of such other conditions as may be
required by the State Government to be fulfilled before the establishment of
the University. (4)
A Screening Committee shall be constituted by
the State Government consisting of three member who are Ex-officio members of
Karnataka State Higher Education Council to examine the proposals received,
which shall make recommendations to the State Government. (1)
Where the State Government, after considering
the recommendations of the screening Committee and holding such inquiry as it
may deem necessary, is satisfied that,- (i)
the Society has ability to run an University
with sufficient infrastructure. (ii)
owns a land to the extent specified below in
accordance with its location, namely:- (a)
twenty five acres of land if it is within
limits of Bruhat Bangalore Mahanagara Palike; (b)
forty acres of land if it is out side the
limits of Bruhat Bangalore Mahanagara Palike but within Bangalore Metropolitan
Region Development Authority Area; (c)
not less than sixty acres of land in the
places other than the places specified in clauses (a) and (b). (iii) The land specified above shall consist of a single block
and it shall be in the name of concerned society/university itself. Based on
the furnished particulars required in sub-section (3) of section 3, the
Government may direct the Society to establish the permanent Statutory
Endowment Fund as specified in section 48. (2)
After the establishment of the Permanent
Statutory Endowment Fund, the Government may, by notification, in the official
Gazette, accord sanction for establishment of the University of unitary nature
in the State by the name of "PES University". (3)
The headquarters of the University shall be
at Bangalore. The University shall have Campuses or Regional Centers, Study
Centers anywhere in Karnataka and subject to the prior permission of the State
Government and as per UGC norms. (4)
The First Chancellor, the First
Pro-Chancellor, the First Vice-Chancellor, the First Pro-Vice-Chancellor, First
members of the Board of Governors, First members of the Executive Council and
the Academic Council and all persons who may hereafter become such officers or
members, so long as they continue to hold such office or membership, shall
constitute a body corporate and can sue and be sued in the name of
the-University. (5)
On sanction for the establishment of the
University under sub-section (2), the land and other movable and immovable
properties acquired, created, arranged or built by the Society for the purpose
of the University shall vest in the University. (6)
In all suits and other legal proceedings by
or against the University, the pleading shall be signed and verified by and all
processes in such suits and proceedings shall be issued to and be served on the
Registrar. (7)
The land, building and other properties of
the University shall not be used for any purpose other than incidental to the
objects of the University. The
University shall be self-financing and shall neither make a demand nor shall be
entitled to any maintenance, grant-in-aid or any other financial assistance
from the State or any other body or corporation owned or controlled by the
State: Provided
that the State may, provide financial support through grants or otherwise:- (a)
for research, development and other
activities for which other State Government organizations are provided
financial assistance; or (b)
for any specific research or programs
receiving support from the Government; and (c)
for the benefit of similar universities in
the State whether subject to a change in State policy or otherwise: Provided
further that the university may receive any financial support from any other
source. The
University may have Constituent Colleges, Regional Centres, additional campuses
and Study Centres at such places in the State as it deems fit after the
completion of five years after its establishment with prior approval of the
State Government subject to norms of UGC and other National Accreditation
bodies. The
University shall employ a broad range of strategies to achieve its vision and
objectives,- (i)
to Provide instruction, teaching, training,
Consultancy, research and development in various disciplines in areas such as
Engineering, Medicine, Pharmacy, Science, Arts, Social Sciences, Computer
Applications, Humanities and Management and make Provisions for research,
advancement and dissemination of knowledge on these fields and such other
objects as the Society may deem fit with prior approval of the state
Government; (ii)
to design and deliver high quality training,
capacity building and development systems for teachers, Professionals, and
administrators in education and other systems in various locations in
Karnataka; (iii) to develop resource centers in various locations in
Karnataka and to contribute to quality education; (iv)
to establish Campuses and have study centers
at various locations in Karnataka and to contribute and develop an
understanding of higher education as well as social and human development as
per norms of the University Grants Commission with prior approval of the State
Government; (v)
to institute degrees, diplomas, certificates
and other academic distinctions like award of credits on the basis of
successful completion of academic work evaluated through multiple modern
methods of assessment; (vi)
to collaborate with any other universities,
research institutions, non-profit organizations, industry associations,
professional associations or other organizations offer specific education and
research programs, training programs and exchange programs for students,
faculty members and others; (vii) to disseminate knowledge and develop a public debate on
issues of education and allied development fields through seminars,
conferences, executive education programs, community development programs, publications
and training programs and events; (viii) to undertake programs for development and training of
faculty and researchers of the university in partnership with any other
institutions of quality with prior permission of the State Government; (ix)
to undertake collaborative research and
advocacy with any organizations with prior permission of the State Government; (x)
to undertake necessary or expedient action to
pursue and promote the objectives of the University; (xi)
to undertake any objectives as may be
approved by the Government for the enhancement of higher education and other
development sectors in India; The
University shall have the following powers, namely:- (i)
to establish and maintain Campuses, Regional
Centers and Study Centers in Karnataka as may be determined by the University
from time to time in the manner laid down by the Statutes with prior approval
of the Government and as per UGC norms. (ii)
to carry out all such other activities as may
be necessary or feasible in furtherance of the object of the University; (iii) to confer degrees or other academic distinctions in the
manner and under conditions laid down in the Statutes; (iv)
to institute and award fellowships,
scholarships and prizes, awards medals etc., in accordance with the Statutes; (v)
to demand and receive such fees, bills,
invoices and collect charges as may be fixed by the Statutes or rules, as the
case may be; (vi)
to make provisions for extra curricular
activities for students and employees; (vii) to make appointments of the Faculty, officers and
employees of the University or a Constituent College, Campuses, Regional
Centers, Study Centers; (viii) to receive voluntary donations and gifts of any kind not prohibited
by any Law for the time being in force and to acquire, hold, manage, maintain
and dispose of any movable or immovable property, including trust and endowment
properties for the purpose of the University or a Constituent College or a
Campus, Regional Centre, Study Centre; (ix)
to institute and maintain hostels and to
recognize, places of residence for students of the University or a Constituent
College; (x)
to supervise and control the residence and to
regulate the discipline among the students and all categories of employees and
to lay down the conditions of service of such employees, including the Code of.
Conduct for the students and employees; (xi)
to create academic, administrative and
support staff and other necessary posts; (xii) to co-operate and collaborate with other Universities in
such a manner and for such purposes as the University may determine from time
to time; (xiii) to organize and conduct refresher courses, orientation
courses, workshops, seminars and other programs for teachers, lesson writers,
evaluators and other academic staff; (xiv) to determine standards of admission to the University or
a Constituent College, Regional Centers, Study Centers with the approval of
Academic Council and to make admission of students of Karnataka not less than
the extent provided in this Act; (xv)
to do all such other acts or things whether
incidental to the powers aforesaid or not, as may be necessary to further the
objects of the University; (xvi) to institute Degrees, Diplomas, Certificates and other
academic distinctions on the basis of examination or any other method of
evaluation approved by the Government; (xvii) ?to provide for the
preparation of instructional materials, including films, cassettes, tapes,
video cassettes, CD, VCD and other software and other relevant electronic and
print media. (xviii) to raise, collect, subscribe and borrow money with the
approval of the Board of Governors whether on the security of the property of
the University, for the purposes of the University; (xix) to acquire, takeover and run the management of any other
educational institutions with the prior approval of the Government; (xx)
to acquire properties with the prior approval
of the Executive Council; (xxi) to undertake any other activities connected with or
incidental to above objectives of the University. The
University admissions shall be open to all persons irrespective of caste,
class, creed, gender or nation. All admissions shall be made on the basis of
merit in the qualifying examinations: Provided
that forty percent of the admissions in all courses of the university shall be
reserved for the students of Karnataka State and admissions shall be made
through a Common Entrance Examination conducted by the State Government or its
agency and seats shall be allotted as per the merit and reservation policy of
the State Government from time to time. Provided
further that where there are less than ten seats in any course like Post
Graduate, they shall be reserved by clubbing such courses together and where
there are less than three posts in any course they shall be reserved by
rotation. The
University shall seek accreditation from respective statutory national
accreditation bodies soon after its establishment. Further all the courses run
by Private Universities shall be as per the regulations of the National
Accreditation Bodies. The
sponsoring body shall have the following powers with reference to the
University, each of which may be exercised by the Sponsoring Body as provided
in this Act namely:- (i)
to appoint or re-appoint or terminate the
appointment of the Chancellor; (ii)
to appoint or re-appoint or terminate the
appointment of the Pro-Chancellor. (iii) to constitute the first Board of Governors of the
University; (iv)
to nominate the chairperson of the Board of
Governors; (v)
to nominate three persons as members of the
Board of Governors; (vi)
to nominate two persons as members of the
Executive Council; (vii) to determine the source of funds to be contributed to the
University Endowment Fund; (viii) to determine the application and spending of moneys by
the University; (ix)
to resolve any Conflict at the meeting of the
Board of Governors in the manner provided for in this Act. The
following shall be the officers of the University:- (i)
The Visitor (ii)
The Pro-Visitor (iii) The Chancellor; (iv)
The Pro Chancellor; (v)
The Vice-Chancellor; (vi)
The Pro Vice-Chancellor; (vii) The Registrar; (viii) The Finance Officer; and (ix)
Such other officers as may be declared by the
Statutes to be officers of the University. (1)
His Excellency the Governor of Karnataka
shall be the Visitor of the University and the visitor may offer suggestions
for the improvement of the functioning of the University. (2)
The visitor shall preside over the
convocation of the university for conferring Degree and Diploma. (3)
The Visitor shall have the following powers,
namely:- (i)
to call for any paper or information relating
to the affairs of the University; (ii)
on the basis of the information received by
the Visitor, if he is satisfied that any order, proceedings, or decision taken
by any authority of the University is not in conformity with the Act,
regulations or rules, he may issue such directions as he may deem fit in the
interest of the University and the directions so issued shall be complied with
by all concerned. (1)
The Hon'ble Minister for Higher Education of
the Government of Karnataka shall be the Pro-Visitor of the University. (2)
The Pro-Visitor shall, when the Visitor is
absent, preside at the Convocation of the University for conferring Degrees and
Diplomas (1)
The Chancellor shall be appointed by the
Sponsoring Body. (2)
The Current Chairperson of the Sponsoring
Body shall be the first Chancellor, who shall hold for life or till he demits
office. (3)
The subsequent Chancellor shall be either the
then member of the Sponsoring Body or such other person of eminence of national
figure in the field of education, science, culture or public life, when such an
appointment is being considered, as may be decided by the Sponsoring Body. (4)
The subsequent Chancellor so appointed shall
hold the office as determined by the Sponsoring Body. (5)
The Chancellor shall have such powers as may
be conferred on him by this Act or the Statutes made there under, which shall
include the following powers; namely:- (i)
to function as the head of the University; (ii)
to preside at all convocations of the
University in absence of visitor and pro-visitor; (iii) to function as a Chairperson of the Board of Governors of
the University; (iv)
to appoint or re-appoint or terminate the
appointment of the Vice-Chancellor, in accordance with the provisions of this
Act and the Statutes; (v)
to nominate a person as a member of the
Nomination Committee as referred to in subsection (2) of section 16 of this
Act; (vi)
to pre-approve the appointment of the Pro
Vice-Chancellor, the Dean, the Registrar and the Finance Officer; (vii) to nominate two academicians as members on the Board of
Governors; (viii) to appoint the first Pro Vice-Chancellor and the Finance
Officer; (ix)
to constitute the first Executive Council,
the Finance Committee, the Research Council and the Academic Council; (x)
to pre-approve the Agenda matters in the
manner provided for in the Act; (xi)
to resolve a conflict (excluding conflicts at
a meeting of the Board of Governors) in the manner provided for in this Act. (6)
In the event of there being a conflict
inter-se between the functionary or body and any other functionary or body of
the University, then the issue shall be referred to the Chancellor and the
decision of the Chancellor in respect of such issue shall be final and binding
on the University. The
Pro Chancellor shall be appointed by the Chancellor, on such terms and
conditions as may be laid down by the statutes. The Pro Chancellor shall assist
the Chancellor in all such matters required by the Chancellor. The roles and
responsibilities of Pro Chancellor shall be laid down by statutes. (1)
The Vice-Chancellor shall be appointed by the
Chancellor for a term of three years subject to other terms and conditions as
may be laid down by the Statutes from among three persons recommended by the
Nomination Committee constituted in accordance with the provisions of
sub-section (2). After the term of three years, it is renewable for another
term of three years. Provided
that a Vice-chancellor shall continue to hold the office even after expiry of
his term till new Vice-chancellor joins. However, in any case this period shall
not exceed one year. (2)
The Nomination Committee referred to in
sub-section (1) shall consist of the following persons, namely:- (i)
One person nominated by the Chancellor; (ii)
Two nominees of the Board of Governors, one
of whom shall be nominated as the Convener of the Committee by the Board of
Governors. (3)
The Search Committee shall, on the basis of
merit, recommend three persons suitable to hold the office of the
Vice-Chancellor and forward the same to the Chancellor along with a concise
statement showing the academic qualifications and other distinctions of each
person. (4)
The Vice-Chancellor shall be the Principal
Executive and Academic Officer of the University and shall exercise general
supervision and control over the affairs of the University and give effect to
the decisions of the authorities of the University. Provided
that, where any matter, other than the appointment of a Teacher is of urgent
nature requiring immediate action and the same could not be immediately dealt
with by any officer or the authority or other body of the University empowered
by or under this Act to deal with it, the Vice-Chancellor may take such action
as he may deems fit with the prior written approval of the Chancellor. (5)
The Vice-Chancellor shall exercise such other
powers and perform such other duties as may be laid down by the Statutes or the
Rules. Provided
that, where in the opinion of the Vice-chancellor, any decision of any
authority of the university is outside the powers conferred by this Act or
Statutes, Regulations or Rules made there under or is likely to be prejudicial
to the interests of the university, he shall request the concerned authority to
revise its decision within fifteen days from the date of its decision and in
case the authority refuses to revise such decision wholly or partly or fails to
take any decision within fifteen days, then such matter shall be referred to
the Chancellor and his decision thereon shall be final. (6)
The services of the Vice-Chancellor can be
terminated by the Chancellor with the approval of the Board of Governors after
following the principles of natural justice and after providing an opportunity
to present his case including for termination on disciplinary grounds. (7)
The Vice-Chancellor shall preside at the
convocation of the University in the absence of the Visitor, Pro-Visitor,
Chancellor and the Pro-Chancellor. The
Vice-Chancellor shall appoint not exceeding three pro-vice Chancellors with the
Written approval of the Chancellor in such manner and they shall exercise such
powers and perform such duties as may be laid down by the Statutes. Deans
of Faculties shall be appointed by the Vice-Chancellor in such manner and they
shall exercise such powers and perform such duties as may be laid down by the
Statutes. (1)
The Registrar shall be appointed by the Chancellor
in such manner and on such terms and conditions as may be laid down by the
Statutes. (2)
All contracts as defined in statutes shall be
entered into and signed by the Registrar on behalf of the University. (3)
The Registrar shall have the power to authenticate
records on behalf of the University and shall exercise such other powers and
perform such other duties as may be conferred by the statutes or may be
required from time to time, by the Chancellor or the Vice-Chancellor. (4)
The Registrar shall be responsible for the
due custody of the records and the common seal of the University and shall be
bound to place before the Chancellor, the Vice-Chancellor or any other
authority, all such information and documents as demanded. The
Finance Officer shall be appointed by the Vice-Chancellor with the written
approval of the Chancellor in such manner and he shall exercise such powers and
perform such duties as may be conferred by the Statutes. The
manner of appointment, terms and conditions of service and powers and duties of
the other officers of the University shall be such as may be specified by
Statutes. The
following shall be the authorities of the University, namely:- (i)
The Board of Governors; (ii)
The Executive Council; (iii) The Academic Council; (iv)
Research Council; (v)
The Finance Council; and (vi)
Such other authorities as may be declared by
the Statutes to be the authorities of the University. (1)
The Board of Governors shall consist of the
following, namely:- (i)
The Chancellor-Chairperson; (ii)
The Vice-Chancellor-Member; (iii) The Principal Secretary/Secretary to the State Government
in the Higher Education or by his nominee not below the rank of Deputy
Secretary; (iv)
The Principal Secretary/Secretary to the
Government in the Medical Education or by his nominee not below the rank of
Deputy Secretary; (v)
One expert from the field of management,
finance or any other specialized, including administration to be nominated by
the State Government; (vi)
Two persons nominated by the Sponsoring Body
of whom one shall be woman; (vii) The Pro Vice-Chancellor who shall be a non-voting member; (viii) One eminent educationist nominee of the university grant
commission. (2)
The Registrar shall be non-voting member
secretary of the Board of Governors. (3)
The tenure of office of the members of the
Board of Governors, appointment of members, other than Government nominees,
renewal and removal, etc., shall be such as may be laid down by the Statutes. (4)
All meetings of the Board of Governors shall
always be chaired by the Chancellor and in his absence by any one of the
nominees of the Chancellor. If Chancellor has not nominated any person to Chair
such a meeting, members present in the meeting shall elect the Chairperson for
that meeting only from among themselves by a simple majority. (5)
Quorum for all meetings of the Board of
Governors, shall be three members attending and voting at such meeting. Provided
that the presence of either the Chancellor or one nominee of the Sponsoring
Body and in the absence of the Chancellor or one nominee of Sponsoring Body,
the Vice Chancellor, shall always be necessary to form the quorum for any
meeting of the Board of Governors. (6)
The Board of Governors shall be the Principal
Governing Body of the University and shall have the following powers, namely: (i)
to appoint the Statutory Auditors of the
University; (ii)
to lay down policies to be pursued by the
University; (iii) to review decisions of the other authorities of the
University if they are not in conformity with the provisions of this Act, or
the Statutes or the Rules; (iv)
to approve the Budget and Annual Report of
the University; (v)
to make new or additional Statutes or amend
or repeal the earlier Statutes and Rule. (vi)
to take decision about voluntary winding up
of the University; (vii) to approve proposals for submission to the Government; (viii) to nominate three members to the Fee Regulation Committee (ix)
to take such decisions and steps as are found
desirable for effectively carrying out the objects of the University. (7)
The Board of Governor shall, meet at least
three times a year. (1)
The Executive Council shall consist of the
following, namely:- (i)
The Vice Chancellor; (ii)
The Pro-Vice Chancellor; (iii) The Registrar; (iv)
Two nominees of the Sponsoring Body; (v)
Two Deans of the schools as nominated by the
Vice Chancellor. (2)
The Vice Chancellor shall be the Chairperson
of the Executive Council and the Registrar shall be the Secretary of the
Executive Council. (3)
The powers and functions of the Executive
Council shall be such as may be specified by the statutes. (4)
All meetings of the Executive Council shall always
be chaired by the Vice Chancellor and in the absence of the Vice Chancellor, by
the nominee of the Sponsoring Body and where the Sponsoring Body has not
nominated any nominees, then by any other member as elected by the members
present in the meeting. (5)
In the event of a conflict of opinion at a
meeting of the Board of Management, the issue shall be referred to the
Chancellor and the decision of the Chancellor in respect of such issue shall be
final and binding on the University. (1)
The Academic Council shall consist of the
following, namely:- (i)
The Vice-Chancellor - Chair Person (ii)
The Pro Vice Chancellor ? Member (iii) The Registrar ? Secretary (iv)
Such other members as may be specified by-the
Statutes. (2)
The Academic Council shall be the principal
academic body of the University and shall, subject to the provisions of this
Act, the Statutes, Regulations and the Rules, co-ordinate and exercise general
supervision over the academic policies of the University. (1)
Research Council shall be the Principal
Research Committee of the University and shall provide the larger holistic
vision of the kind of research to be undertaken by the University, including
prioritization of the research areas. This Council shall, subject to the
provisions of this Act, the Statutes, Regulations and the Rules, co-ordinate
and exercise general supervision over the Research polices of the University. (2)
The Research Council shall consist of the
following, namely:- (i)
The Vice-Chancellor - Chair Person (ii)
The Pro Vice Chancellor ? Member (iii) The Dean of Research ? Secretary (iv)
Head of the Department of Innovation ? Member (v)
Deans of all Faculties - Members and (vi)
Such other members as may be specified in the
Statutes. (1)
The Finance Council shall consist of the
following, namely:- (i)
The Chancellor or his Nominee ? Chairperson (ii)
The Vice-Chancellor ? Member (iii) The Registrar ? Member (iv)
The Finance Officer ? Secretary (v)
One nominee of the Sponsoring Body - Member;
and (vi)
Such other members as may be specified by the
statutes. (2)
The Finance Council shall be the principal
financial body of the University to take financial matters and shall, subject
to the provisions of this Act, rules and statutes, undertake Co-ordination
exercise, general supervisions over the financial matters of the University. The
constitution, the powers and functions of the other authorities of the
University shall be such as may be specified by the statutes. A
person shall be disqualified for being a member of any of the authorities of
bodies of the University, if he; (a)
is of unsound mind and stands so declared by
a competent court; (b)
is an un discharged insolvent; (c)
has been convicted of any offence involving
moral turpitude; (d)
is conducting or engaging himself in private
coaching classes; or (e)
has been punished for indulging in or
promoting unfair practice in the conduct of any examination, in any form,
anywhere. (f)
As and when the Sponsoring Body were to form
an opinion in writing that a Member of any of the authorities or bodies is
unfit to hold the post. No act
or Proceedings of any authority of the University shall be invalid merely by
reason of the existence of any vacancy or defect in the constitution of the
Authority. (1)
No agenda Matter shall be either included in
the Agenda for or taken up for discussion or decided in the meeting of the
Board of Governors or the Executive Council or any Committee without obtaining
the prior approval of the Chancellor. (2)
In the event of breach of any provisions of
this Act, the Chancellor shall be entitled at all time to immediately take
remedial action by reversing all decisions taken by any functionary or body of
University and consequent upon the pursuit of such a remedial action all such
actions taken by the functionary or body of the university in breach of the
provisions of the Act shall be deemed to be null and void ab initio and
consequently; status quo ante shall prevail in respect of the matter or
decision in breach. Subject
to the provisions of this Act, the Statutes may provide for all or any matter,
relating to the University and staff as given below, namely:- (i)
the procedure for transaction of business of
the Authorities of the University and the composition of bodies not specified
in this Act. (ii)
the operation of the permanent statutory
endowment fund, University endowment fund, the general fund and the development
fund, (iii) the terms and conditions of appointment of the Vice-Chancellor,
the Registrar and the Finance Officer and their powers and functions, (iv)
the mode of recruitment and the terms and
conditions of service of the other officers, Teachers and employees of the
University; (v)
the procedure for resolving disputes between
the University and its officers, Faculty members, employees and students; (vi)
creation, abolition or restructuring of
departments and faculties; (vii) the manner of co-operation with' other Universities or
institutions of higher learning.; (viii) the procedure for conferment of honorary degrees; (ix)
provisions regarding grant of free ships and
scholarships; (x)
policies in respect of seats in different
courses of studies and the procedure of admission of students to such courses; (xi)
policy relating to the fee chargeable from
students for various courses of studies; (xii) institution of fellowships, scholarships, studentships,
free ships, medals and prizes; (xiii) any other matters which may be decided by the Board of
Governors or required to be provided by statutes under this Act. (1)
The first statutes framed by the Executive
Council shall be submitted to the Board of Governors for its approval. (2)
The Board of Governors shall consider the
First Statutes, submitted by the Executive Council and shall give its approval
thereon with such modifications, if any, as it may deem necessary. (3)
The University shall publish the First
Statutes, as approved by the Board of Governors in the University Notification,
and thereafter, the First Statutes shall come into force from the date of its
publication. The
Board of Governors may, make new or additional Statutes or amend or repeal the
statutes; Subject
to the provisions of this Act, the regulations may provide for the following
matters, namely:- (i)
admission of students to the University and
their enrolment and continuance as such; (ii)
the courses of study to be laid down for all
degrees and other academic distinctions of the University; (iii) the award of degrees and other academic distinctions; (iv)
the conditions of the award of fellowships,
scholarships, studentships, medals and prizes; (v)
the conduct of examinations and the
conditions and mode of appointment and duties of examining bodies, examiners
invigilators, tabulators and moderators; (vi)
the fee to be charged for admission to the
examinations, degrees and other academic distinctions of the University; (vii) the conditions of residence of the students at the
University or a Constituent College; (viii) maintenance of discipline among the students of the
University or a Constituent College; (ix)
all other matters as may be provided in the
Statutes under the Act. The
Regulations shall be made by the Academic Council and approved by Executive
Council. The
Academic Council may, with the approval of the Executive Council, make new or
additional regulations or amend or repeal the regulations. (1)
The fee of the university seats reserved for
Karnataka Students under section 9 shall be regulated by the Fee Regulation
Committee constituted by the Government which shall be headed by a retired
Supreme Court or High Court Judge and consists of Chancellor, Vice-Chancellor
of the University, Principal Secretary or Secretary to Government incharge of
Higher Education or by his nominee not below the rank of Deputy Secretary,
Principal Secretary or Secretary to Government incharge of Medical Education or
by his nominee not below the rank of Deputy Secretary, two Academicians
nominated by the Board of Governors of whom one shall be woman. A Chartered
Accountant of repute shall be co-opted for this purpose in the Committee. (2)
The Committee shall look after the compliance
of the university in its admissions and collection of fee. (1)
Every employee shall be appointed under a
written contract subject to such terms and conditions as may be specified by
statutes and regulations or prescribed if any by rules which shall be kept in
the University and a copy of which shall be furnished to the employee
concerned. (2)
Disciplinary action against the employees
shall be governed by the procedure specified in the Statutes. (3)
Any dispute arising out of the contract
between the University and an employee shall, be resolved in the manner
provided for in the written contract and in accordance with the Statues. In
case of disciplinary actions by the University against its employee or student,
the aggrieved employee or students shall have a right to appeal to such
authority as specified by the statutes. The
University shall constitute for the benefit of its employees such provident or
pension fund and provide such insurance scheme as it may deem fit in such
manner and subject to such conditions as may be specified by the statutes and
the laws in force. If any
question arises as to whether any person has been duly elected or appointed as,
or is entitled to be a member of any authority or other body of the University,
the matter shall be referred to the Chancellor whose decision thereon shall be
final. Any
authority of the University mentioned in section 23, shall be empowered to
constitute a committee of such authority, consisting of such members having
such powers as the authority may deem fit. Any
casual vacancy among the members, other than ex-officio members of any
Authority or body of the University shall be filled in the same manner in which
the member whose vacancy is to be filled up, was chosen, and the person filling
the vacancy shall be a member of such authority or body for the residual term
for which the person in whose place he would have been a member. No
suit or other legal proceedings shall lie against any officer or other employee
of the University for anything, which is done in good faith or intended to be
done in pursuance of the provisions of this Act, the Statues or the Rules. Notwithstanding
anything contained in any other provisions of this Act and the Statutes:- (i)
the first Vice-Chancellor and
Pro-Vice-Chancellor, if any shall be appointed by the Chancellor; (ii)
the first Registrar and the first Finance
Officer shall be appointed by the Chancellor; and (iii) the first Executive Council, the first Finance Committee,
the first Research Council and the first Academic Council shall be constituted
by the Chancellor. (1)
The University shall establish a Permanent
Statutory Endowment Fund of at least rupees twenty five crores out of which at
least fifteen crores shall be in cash and remaining in the form of Bank
guarantee which may be increased suo moto but shall not be decreased. Provided
that in case of a University outside the Bangalore or Bangalore Rural District
at least ten crores must be in form of cash and the remaining five crores shall
be in form of Bank Guarantee. (2)
The University shall have power to invest the
permanent Statutory Endowment Fund in such manner as may be prescribed. (3)
The University may transfer any amount from
General Fund or the Development fund to the permanent statutory fund except in
the event of the dissolution of the University, in no other circumstances can
any moneys be transferred from permanent Statutory Endowment Fund for any other
purposes. (4)
Seventy five percent of the income received
from permanent Statutory Endowment Fund shall be used for the purpose of
development or general work of the University. The remaining twenty five
percent shall be invested in the permanent Statutory Endowment Fund. (1)
The University shall establish a University
Endowment Fund having such funds as may be determined by the Sponsoring Body
which can include donations and other funds received from time to time. (2)
The University shall have the power to invest
the University Endowment Fund in a manner as may be specified by the Statutes. (3)
The University Endowment Fund is a
self-imposed fund that the University desires to maintain voluntarily and
invest it responsibly to protect itself from financial challenges that may
arise on account of pursuing social objectives and/or unforeseen circumstance. (4)
The University may transfer any amount from
the General Fund or the development fund to the University Endowment Fund.
Excepting in the dissolution of the University, in no other circumstances
moneys can be transferred from the University Endowment Fund for other
purposes. (5)
Eighty percent of the incomes received from
the University Endowment Fund shall be used for the purposes of development or
general work of the University. The remaining twenty percent shall be
reinvested into the University Endowment Fund. (1)
The University shall establish a General Fund
to which the following amount shall be credited, namely:- (i)
all fees which may be charged by the
University; (ii)
all sums received from any other source not
prohibited by any law for the time being in force; (iii) all contributions made to the University; (iv)
all contributions/donations made in this
behalf by any other person or body which are not prohibited by any law for the
time being in force. (2)
The funds credited to the General Fund shall
be applied to meet all the recurring expenditure of the University. (1)
The University shall also establish a
Development Fund to which the following funds shall be credited, namely:- (i)
development fees which may be charged from
students; (ii)
all sums received from any other source for
the purposes of the development of the University; (iii) all contributions made to the University; (iv)
all contributions/donations made in this
behalf by any other person or body which are not prohibited by any law for the
time being in force; and (v)
all incomes received from the Permanent
Statutory Endowment Fund. (2)
The funds credited to the Development Fund
from time to time shall be utilized for the development of the University. The
funds established under sections 48, 49, 50 and 51 shall, subject to general
supervision and control of the Board of Governors, be regulated and maintained
in such manner as may be prescribed. (1)
The annual report of the University shall be
prepared under the direction of the Executive Council and shall be submitted to
the Board of Governors for its approval. (2)
The Board of Governors shall consider the
annual report in its meeting and may approve the same with or without
modification. (3)
A copy of the annual report duly approved by
the Board of Governors shall be sent to the State Government before 31st
December following close of the financial year in 31st March of each year. (1)
The annual accounts and balance sheet of the
University shall be prepared under the direction of the Executive Council and
all funds accruing to or received by the University from all source and all
amount disbursed or paid shall be entered in the account maintained by the
University. (2)
The annual accounts of the University shall
be audited by an auditor, who is a member of the Institute of Charted
Accountants of India, every year. (3)
A copy of the annual accounts and the balance
sheet together with the audit report shall be submitted to the Board of
Governors before 30th November following close of the financial year in 31
March of each year. (4)
The annual accounts, the balance sheet and
the audit report shall be considered by the Board of Governors at its meeting
and the Board of Governors shall forward the same to the visitor and the
Government along with its observation thereon on or before 31st December of
each year. A copy
of any receipt, application, notice, order, proceeding or resolution of any
authority or committee of the University or other documents in possession of
the University or any entry in any register duly maintained by the University,
if certified by the Registrar, shall be received as prima facie evidence of
such receipt, application, notice, order, proceeding, resolution or-document or
the existence of entry in the register and shall be admitted as evidence of the
matters and transaction therein recorded where the original thereof would, if
produced, have been admissible in evidence. The
State Government may give such directions to the University as in its opinion
are necessary or expedient for carrying out the purposes of this Act or to give
effect to any of the provisions contained therein or of any rules or orders
made there under and the Board of Governor or the Executive Council, as the
case may be, of the University shall comply with every such direction. (1)
Whoever contravenes the provisions of this
Act or the rules made thereunder or any examination matters or in matters
relating to award of degrees or in giving marks cards shall on conviction be
punishable with fine of rupees fifty thousand which may extend to ten lakhs
rupees or with an imprisonment for a term of six months which may extend to two
years or with both. Provided
that, where the University is also involved the permission letter granted under
this Act to commence the University shall be withdrawn. (2)
A penalty under this section may be imposed
without prejudice to the penalty specified in any other Act. Any
officer not below the rank of Group 'A officer authorized by the State
Government in this behalf, shall, subject to such conditions as may be
specified therein under the Karnataka Educational Institutions (Prohibition of
Capitation Fee) Act, 1984 (Karnataka Act 37 of 1984) shall be deemed to be the
Officer authorized to exercise the same powers and discharge the same functions
as provided under section 9 of that Act for the purposes of this Act. (1)
If the University proposes dissolution in
accordance with the law governing its constitution or incorporation, it shall
give at least six months prior notice in writing to the Government. (2)
The Karnataka State Higher Education Council
shall conduct periodical Inspection of University regarding;- (i)
Standard of Instructions for grant of degree; (ii)
Quality of Education; (iii) Avoidance of commercialization of Higher Education; (iv)
contravention of the provisions of the Act if
any; and send report to the Government. (3)
On identification of mismanagement,
maladministration and indiscipline, the Government shall issue directions to
the management of the University to set right the administration. If the
direction is not followed within such time as may be prescribed, the right to
take decision for winding up of the University or any course thereof shall vest
with the Government. (4)
The manner of winding up of the University or
any course thereof shall be such as may be prescribed by the Government in this
behalf. Provided
that no such action shall be initiated without affording a reasonable
opportunity to show cause to the University. (5)
On receipt of the notice referred to in
sub-section (1), the Government shall, in consultation with the relevant
Regulatory Authority make such arrangements for administration of the
University from the proposed date of dissolution of the University or winding
up of the course and until the last batch of students in regular courses of
studies of the University complete their courses of studies in such manner as
may be specified by the Statues. (1)
The expenditure of administration of the
University during taking over period of its management under subsection (5) of
section 58 shall be met out of the Permanent Statutory Endowment Fund, the
General Fund or the Development Fund in such manner as may be prescribed. (2)
If the fund referred to in section 48, 49, 50
and 51 are not sufficient to meet the expenditure of the University during the
taking over period of its management, such expenditure may be met by disposing
of the properties or asset of the University, by the Government. (3)
Where the dissolution of the University is
due to mismanagement or maladministration, the Government is at liberty to
identify the persons responsible for such mismanagement or maladministration
and to impose penalty as it deems fit. (1)
If any difficulty arises in giving effect to
the provisions of this Act, the State Government may, by a notification or by
order, make such provisions, which are not inconsistent with the provisions of
this Act, as appear to it to be necessary or expedient, for removing the
difficulty: Provided
that, no notification or order under this section shall be made after the
expiry of a period of five years from the date of commencement of this Act. (2)
Every Order made under sub-section (1),
shall, as soon as may be after it is made, be laid before the State
Legislature. (1)
The State Government may make rules, by
notification, to carryout the purposes of this Act. (2)
Every rule made under this Act shall be laid
as soon as may be after it is made before each House of the State Legislature
while it is in session for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before the expiry
of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or both
Houses agree that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect, as the case may be, so
however, that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.
Preamble - PES UNIVERSITY ACT, 2012PREAMBLE