RAJASTHAN
PRIVATE UNIVERSITIES ACT, 2005 THE RAJASTHAN PRIVATE UNIVERSITIES ACT, 2005 [Act No. 10 of 2005] [08th May, 2005] An Act to provide for establishment and incorporation of private
universities in the State for imparting higher education and to regulate their
functions and for matters connected therewith or incidental thereto. Be it enacted by the
Rajasthan State Legislature in the Fifty-sixth Year of the Republic of India, as
follows:- (1)
This Act may be called the Rajasthan Private Universities Act,
2005. (2)
It extends to the whole of the State of Rajasthan. (3)
It shall come into force at once. In this Act, unless the
context otherwise requires,- (a)
"AICTE" means All India Council of Technical Education
established under All India Council of Technical Education Act, 1987 (Central
Act No. 52 of 1987); (b)
"CSIR" means the Council of Scientific and Industrial
Research, New Delhi-a funding agency of the Central Government; (c)
"DEC" means the Distance Education Council established
under section 28 of Indira Gandhi National Open University Act, 1985 (Central
Act No. 50 of 1985); (d)
"distance education" means education imparted by
combination of any two or more means of communication, viz. broadcasting,
telecasting, correspondence courses, seminars, contact programmes and any other
such methodology; (e)
"DST" means the Department of Science and Technology of
the Central Government; (f)
"employee" means a person appointed by the university to
work in the university, colleges, institutions or study centers and includes
teachers, officers (other than the Visitor) and other employees of the
university; (g)
"fee" means collection made by the university from the
students by whatever name it may be called, which is not refundable; (h)
"Government" means the State Government of Rajasthan; (i)
"higher education" means study of a curriculum or course
for the pursuit of knowledge beyond 10+2 level; (j)
"hostel" means a place of residence for the students of
the university, or its colleges, institutions or centers, maintained or
recognized to be as such by the university; (k)
"ICAR" means the Indian Council of Agriculture Research,
a society registered under the Societies Registration Act, 1860 (Central Act
No. 21 of 1860); (l)
"MCI" means Medical Council of India, Delhi; (m)
"NAAC" means the National Council of Assessment and
Accreditation, Bangalore, an autonomous institution of the UGC; (n)
"NCTE" means the National Council of Teacher Education,
Delhi; (o)
"of campus Centre" means a centre of the university
established by it outside the main campus operated and maintained as its
constituent unit, having the university's complement of facilities, faculty and
staff; (p)
"PCI" means Pharmaceutical Council of India, Delhi; (q)
"prescribed" means prescribed by Rules made under this
Act; (r)
"Regulating Body" means a body established by the
Central Government for laying down norms and conditions for ensuring academic
standards of higher education, such as UGC, AICTE, NCTE, MCI, PCI, NAAC, ICAR,
DEC, CSIR etc. and includes the State Government; (s)
"Rules" means the Rules made under this Act. (t)
"Schedule" means the schedule to this Act; (u)
"sponsoring body" in relation to a university
established under this Act means- (i)
a Society registered under the Rajasthan Societies Registration
Act, 1958 (Rajasthan Act No. 28 of 1958) or the Societies Registration Act,
1860 (Central Act No. 21 of 1860); or (ii)
any Public Trust registered under the Rajasthan Public Trusts Act,
1959 (Act No. 42 of 1959) or the Indian Trusts Act, 1882 (Central Act No. 2 of
1882) or under the relevant laws in any other State or Union Territory; or (iii)
a company registered under section 25 of the Companies Act, 1956
(Central Act No. 1 of 1956); (iv)
"Statutes", "Ordinances" and
"Regulations" mean respectively, the Statutes, Ordinances and
Regulations of the University made under this Act; (v)
"Student of the University" means a person enrolled in
the university for taking a course of study for a degree, diploma or other
academic distinction duly instituted by the university, including a research
degree; (w)
"study centre" means a centre established and maintained
or recognized by the university for the purpose of advising, counselling or for
rendering any other assistance required by the students in the context of
distance education; (x)
"teacher" means a Professor, Reader, Lecturer or any
other person required to impart education or to guide research or to render
guidance in any other form to the students for pursuing a course of study of
the university; (y)
"UGC" means the University Grants Commission,
established under the University Grants Commission Act, 1956 (Central Act No. 3
of 1956); (za)
"university" means a university established and incorporated under
sub-section (1) of section 5. Following shall be the
objects of the University:- (1)
to provide instructions, teaching and training in Higher Education
and make provisions for research, advancement and dissemination of knowledge; (2)
to create higher levels of intellectual abilities; (3)
to establish state of the art facilities for education and
training; (4)
to carry out teaching and research and offer continuing education
programmes; (5)
to create centres of excellence for research and development and
for sharing knowledge and its application; (6)
to establish campus in Rajasthan and to have study centers at
different places within its jurisdiction; (7)
to establish examination centres; (8)
to institute degrees, diplomas, certificates and other academic
distinctions on the basis of examination, or any such other method. (9)
to ensure that the standard of degrees, diplomas, certificates and
other academic distinctions are not lower than those laid down by AICTE, NCTE,
UGC, MCI, Pharmacy Council, and other similar agency/agencies established by
the Central Government for regulation of education. (10)
to open study centers within its jurisdiction. (11)
to set up off campus centre within and out of the state, subject
to the permission of the concerned State, any law made by the Parliament and
any regulation, rules etc. made by the regulating bodies; (12)
to pursue any other objective as may be approved by the State
Government. (1)
An application containing the proposal and the project report to
establish a university in private sector shall be made by the sponsoring body
to the State Government, alongwith such fee as may be prescribed. (2)
The project report must contain the following particulars,
namely:- (a)
the details of the sponsoring body alongwith the copies of its
registration certificate, constitution and bye-laws; (b)
the information regarding financial resources of the sponsoring
body alongwith audited accounts for the past five years; (c)
the name, location and headquarters of the proposed university; (d)
the objectives of the university; (e)
the availability of land and details of buildings and
infrastructure facilities, if already exist; (f)
availability of academic facilities including teaching and
non-teaching staff, if any, at the disposal of sponsoring body; (g)
the details of plans for campus development such as construction
of buildings, development of structural amenities and infrastructure facilities
and procurement of equipment etc. to be undertaken before the university starts
functioning and phased programme for first five years; (h)
the phased outlays of capital expenditure proposed for the next
five years and its sources of finance; (i)
the nature and the type of programmes of study and research
proposed to be undertaken by the university and their relevance to the
development goals and employment needs of the State and phasing of such
programmes over the first five years with coursewise enrolment targets; (j)
the experience and expertise in the concerned disciplines at the
command of the sponsoring body; (k)
the nature of facilities, courses of study and research proposed
to be started; (l)
the estimated recurring expenditure coursewise or activitywise,
sources of finance and estimated expenditure per student; (m)
the scheme for mobilizing resources and the cost of capital
thereto and the manner of repayment to such sources; (n)
the scheme for the generation of funds internally through the
recovery of fee from students, revenues anticipated from consultancy services
and other activities relating to the objects of the university, and other
anticipated incomes; (o)
the proposed fee structure with reference to the details of
expenditure on unit cost and the extent of concessions or rebates in fee or
free-ships and scholarships to the poor students from economically poor or
socially backward families, including Scheduled Castes, Scheduled Tribes, Other
Backward Classes and handicapped students; (p)
the system proposed to be followed for selecting students for
admission to the courses of study at the university; (q)
the system proposed to be followed for appointment of teachers and
other employees in the university; (r)
whether the university is desirous of taking up distance education
programme. If so, details of study centres proposed to be started; (s)
whether the university proposes to undertake some programmes
related to local needs. If so, the nature of specialized teaching, training or
research activities to be undertaken by the university so as to fulfil this
objective; (t)
whether the university proposes to start some programmes for the
benefit of farmers, women and industries. If so, details thereof may be given; (u)
details of play grounds and other facilities available or proposed
to be created for games and sports and extra curricular activities like
National Cadet Corps, National Service Scheme, Scouts and Guides etc; (v)
the arrangements proposed to be made for academic auditing; (w)
justification regarding the necessity of establishment of the
proposed university; (x)
commitment to follow the norms of the regulating bodies; (y)
such other details as the sponsoring body may like to give; (z)
such other details as may be prescribed. (3)
The State Government, on receipt of the proposal and the project
report for establishment of a university, shall constitute a committee
consisting of such members as may be specified by it, out of whom at least one
shall be an expert, to examine the proposal and the project report. Explanation:- In this
sub-section the expression "expert" means an academician of
prominence in the respective field of higher education. (4)
The committee shall consider the proposal and the project report
on the following grounds, namely:- (a)
financial soundness and assets of the sponsoring body and its
ability to set up the infrastructure of the proposed university; (b)
back ground of the sponsoring body that is to say its expertise
and experience in the field of education, its general reputation etc. and its
commitment to follow the norms of the regulating bodies; (c)
potentiality of the courses proposed to be offered that is to say
the courses are able to develop the human resources as per the requirements of
contemporary demands, the courses have new features and include emerging
branches of learning; (5)
The committee, while considering the proposal and the project
report under sub-section (4), may call for such other information from the
sponsoring body as it thinks proper for the purpose. (6)
The committee shall submit its report to the state Government
within a period of one month from the date of its constitution: Provided that while
computing the period of one month, the period commencing from the date on which
requisition for any information under sub-section (5) is issued and ending on
the date on which requisite information is submitted to the committee shall be
excluded. (1)
After the receipt of the report of the committee constituted under
section 4, if the State Government is satisfied that it is advisable to
establish the university, it may issue a letter of intent and ask the
sponsoring body to- (i)
establish an endowment fund in accordance with the provisions of
section 9 of this Act; (ii)
own a minimum of 30 acres of land, if not already available; (iii)
construct a minimum of 10,000 square meters of covered space for
administrative purposes and for conducting academic programmes, if not already
available; (iv)
purchase books and journals of atleast rupees 10 lacs or as per
the norms of regulating bodies, whichever is higher, and give undertaking to
invest within first three years not less than rupees 50 lacs or as per the
norms of regulating bodies, whichever is higher, on books, journals, computers,
library networking and other facilities so as to make the library facilities
adequate for contemporary teaching and research; (v)
purchase equipments, computers, furniture, other mobile and
immobile assets and infrastructure facilities (other than buildings, referred
to in clause (iii) above) worth rupees 20 lacs or as per the norms of
regulating bodies, whichever is higher, and give undertaking to procure within
the first five years equipments, computers, furniture, other mobile and
immobile assets and infrastructure facilities (other than buildings, referred
to in clause (iii) above) worth not less than rupees one crore or as per the
norms of regulating bodies, whichever is higher; (vi)
give undertaking to appoint at least 1 Professor, 2 Readers and
adequate number of Lecturers along with necessary supporting staff in each
department or discipline to be started by the university; (vii)
give undertaking to take up co-curricular activities like
seminars, debates, quiz programmes and extracurricular activities like games,
sports, National Service Scheme, National Cadet Corps etc. for the benefit of
students as per the norms laid down by the regulating bodies; (viii)
give undertaking for establishment of provident fund and to take
up welfare programmes for the employees of the university; and (ix)
fulfil such other conditions and provide such other information as
may be prescribed by the University Grants Commission, All India Council for
Technical Education or any other statutory body established by the law of the
Union or State Government. (2)
The sponsoring body shall fulfil the requirements and conditions
specified in sub-section (1) and shall report the compliance to the State
Government within a maximum period of one year from the date of issue of the
letter of intent. On receiving the compliance report, the State Government
shall appoint a committee consisting of such members, including the
representative of the regulating bodies, as may be specified, to verify the
compliance report. The committee shall submit its report to the State Government
within one month from the date of its constitution specifying whether the
sponsoring body has fulfilled the requirements and conditions laid down in
sub-section (1). (3)
If the sponsoring body has failed to comply with the provisions of
sub-section (2), its proposal submitted under section 4 shall stand rejected
and the letter of intent issued under sub-section (1) shall be deemed to have
been withdrawn. (1) The State
Government, if it is satisfied after considering the report submitted under
sub-section (2) of section 5 that the sponsoring body has complied with the
provisions of subsection (1) of section 5 may, by notification in the Official
Gazette, establish a university with such name, location, jurisdiction and with
such conditions as may be specified in such notification and insert necessary
entries in the Schedule: Provided that, no such
notification shall be issued except on a resolution passed by the House of the
State Legislature. (2) The
university shall be deemed to have come into existence from the date of the
notification in the Official Gazette under sub-section (1). Every university
established under sub-section (1) of section 6 shall be a body corporate by the
name notified under that section having perpetual succession and common seal
and may sue and be sued by the said name. The university shall be
self-financed and shall not be entitled to receive any grant or other financial
assistance from the State Government. (1)
The sponsoring body shall establish an Endowment Fund for the
university with an amount of,- (i)
in case the university is situated- (a)
fifteen kilometers away from the municipal limits of the
Divisional Headquarters Cities, or (b)
ten kilometers away from the municipal limits of other cities, one
crore rupees; (ii)
in case the university is situated in scheduled tribal area and
maintains the distance specified in clause (i) from the municipal limits of a
city, seventy five lacs rupees. (iii)
in other cases, two crore rupees. (2)
The Endowment Fund shall be used as security deposit to ensure
that the university complies with the provisions of this Act and functions as
per provisions of this Act, Statutes and Ordinances. The State Government shall
have the powers to forfeit in the prescribed manner, a part or whole of the
Endowment Fund in case the university or the sponsoring body contravenes the
provisions of this Act or Statutes, Ordinances, Regulations or Rules made
thereunder. (3)
Income from Endowment Fund may be utilised for development of
infrastructure of the university but shall not be utilised to meet out the
recurring expenditure of the university. (4)
The amount of Endowment Fund shall be invested and kept invested
until the dissolution of the university in long term securities issued or
guaranteed by the State Government or deposited and kept deposited until the
dissolution of the university in the interest bearing Personal Deposit account
in Government Treasury. (5)
In case of investment in long term security, the certificates of
the securities shall be kept in the safe custody of the State Government and in
case of deposit in the interest bearing Personal Deposit account in Government
Treasury, deposity shall be made with the condition that the amount shall not
be withdrawn without the permission of the State Government. Every university shall
establish a fund, which shall be called the General Fund to which following
shall be credited, namely:- (a)
fees and other charges received by the university; (b)
any contributions made by the sponsoring body; (c)
any income received from consultancy and other work undertaken by
the university in pursuance of its objectives; (d)
trusts, bequests, donations, endowments and any other grants; and (e)
all other sums received by the university. The General Fund shall be
utilized for the following objects, namely:- (a)
for the repayment of debts including interest charges thereto
incurred by the university for the purposes of this Act and the Statutes,
Ordinances, Regulations and Rules made thereunder; (b)
to upkeep of the assets of the university; (c)
for the payment of the cost of audit of the funds created under
sections 9 and 10; (d)
for the meeting expenses of any suit or proceedings to which
university is a party; (e)
for the payment of salaries and allowances of the officers and
employees of the university and members of the teaching and research staff, and
for payment of any Provident Fund contributions, gratuity and other benefits to
any such officers and employees, and members of the teaching and research
staff; (f)
for the payment of travelling and other allowances of the members
of the Governing Body, the Board of Management, the Academic Council, and other
authorities so declared under the Statutes of the university and of the members
of any committee appointed by any of the authorities or by the Chairperson of
the sponsoring body or the Vice-chancellor, as the case may be, of the
university in pursuance of any provision of this Act, or the Statutes,
Ordinances, Regulations or Rules made thereunder; (g)
for the payment of fellowships, freeships, scholarships,
assistantships and other awards to students belonging to economically weaker
sections of the society or research associates or trainees as the case may be,
or to any student otherwise eligible for such awards under the Statues,
Ordinances, Regulations or Rules made under the provisions of this Act; (h)
for the payment of any expenses incurred by the university in
carrying out the provisions of this Act or the Statutes, Ordinances,
Regulations or Rules made thereunder; (i)
for the payment of cost of capital, not exceeding the prevailing
bank rates of interest, incurred by the sponsoring body for setting up the
university and the investments made therefor; (j)
for the payment of charges and expenditure relating to the
consultancy work undertaken by the university in pursuance of the provisions of
this Act and the Rules, Statutes or Ordinances made thereunder; (k)
for the payment of any other expenses including service fee
payable to any organization charged with the responsibility of providing any
specific service, including the managerial services to the university, on
behalf of the sponsoring body, as approved by the Board of Management to be an
expense for the purposes of the university: Provided that no
expenditure shall be incurred by the university in excess of the limits for
total recurring expenditure and total non-recurring expenditure for the year,
as may be fixed by the Board of Management, without the prior approval of the
Board of Management: Provided further that the
General Fund shall, for the objects specified under sub-clause (a), be applied
with the prior approval of the Governing Body of the university. The following shall be the
officers of the university, namely:- (1)
the Visitor; (2)
the Chancellor; (3)
the Vice-chancellor; (4)
the Registrar; (5)
the Chief Finance and Accounts Officer; (6)
such other officers as may be declared by the Statutes to be the
officers of the University. (1)
The Governor of Rajasthan shall be the Visitor of the university. (2)
The Visitor shall, when present, preside at the convocation of the
university for conferring degrees and diplomas. The Visitor shall have the
following powers, namely:- (a)
to call for any paper or information relating to the affairs of
the university; (b)
on the basis of the information received by the Visitor, if he is
satisfied that any order, proceeding, or decision taken by any authority of the
university is not in conformity with the provisions of this Act or Statutes,
Ordinances, Regulations and Rules made thereunder, 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 the university. (1)
The Chancellor shall be appointed by the sponsoring body for a
period of three years with the approval of the visitor by following such
procedure and on such terms and conditions as may be prescribed by the
Statutes. (2)
The Chancellor shall be the head of the university. (3)
The Chancellor shall preside at the meetings of the Governing Body
and shall, when the Visitor is not present, preside at the convocation of the
university for conferring degrees, diplomas or other academic distinctions. (4)
The Chancellor shall have the following powers, namely:- (a)
to call for any information or record; (b)
to appoint the Vice-chancellor; (c)
to remove the Vice-chancellor in accordance with the provisions of
sub-section (7) of section 15; (d)
such other powers as may be prescribed by the Statutes. (1) The
Vice-chancellor shall be appointed by the Chancellor from a panel of three
persons recommended by the Governing Body and shall, subject to the provisions
contained in sub-section (7), hold office for a term of three years: Provided that, after expiry
of the term of three years, a person shall be eligible for re-appointment for
another term of three years: Provided further 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 Vice-chancellor shall be the principal executive and academic
officer of the university and shall exercise general superintendence and
control over the affairs of the university and shall execute the decisions of
various authorities of the university. (3)
The Vice-chancellor shall preside at the convocation of the
university in the absence of both, the Visitor and the Chancellor. (4)
If in the opinion of the Vice-chancellor it is necessary to take
immediate action on any matter for which powers are conferred on any other
authority by or under this Act, he may take such action as he deems necessary
and shall at the earliest opportunity thereafter report his action to such
officer or authority as would have in the ordinary course dealt with the
matter: Provided that if in the
opinion of the concerned officer or authority such action should not have been
taken by the Vice-chancellor then such case shall be referred to the
Chancellor, whose decision thereon shall be final: Provided further that where
any such action taken by the Vice-chancellor affects any person in the service
of the university, such person shall be entitled to prefer, within three months
from the date on which such action is communicated to him, an appeal to the
Board of Management and the Board of Management may confirm or modify or
reverse the action taken by the Vice-chancellor. (5)
If, 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, Ordinances, Regulations or Rules made thereunder 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 Vice-chancellor shall exercise such powers and perform such
duties as may be prescribed by the Statutes or the Ordinances. (7)
If, at any time upon representation made or otherwise and after making
such inquiry as may be deemed necessary, the situation so warrants and if the
continuance of the Vice-chancellor is not in the interests of the University,
the Chancellor may, by an order in writing stating the reasons therein, ask the
Vice-chancellor to relinquish his office from such date as may be specified in
the order: Provided that before taking
an action under this sub-section, the Vice-chancellor shall be given an
opportunity of being heard. (1)
The appointment of the Registrar shall be made by the Chairperson
of the sponsoring body in such manner, as may be prescribed by the Statutes. (2)
All contracts shall be signed and all documents and records shall
be authenticated by the Registrar on behalf of the university. (3)
The Registrar shall be the Member Secretary of the Governing Body,
Board of Management and Academic Council but he shall not have a right to vote. (4)
The Registrar shall exercise such other powers and perform such
other duties as may be prescribed by the Statutes. (1)
The appointment of the Chief Finance and Accounts Officer shall be
made by the Chancellor in such manner as may be prescribed by the Statutes. (2)
The Chief Finance and Accounts Officer shall exercise such powers
and perform such duties as may be prescribed by the Statutes. (1)
The university may appoint such other officers as may be necessary
for its functioning. (2)
The manner of appointment of other officers of the university and
their powers and functions shall be such as may be prescribed by the Statutes. The following shall be the
authorities of the university, namely:- (1)
the Governing Body; (2)
the Board of Management; (3)
the Academic Council; (4)
such other authorities as may be declared by the Statutes to be
the authorities of the university. (1)
The Governing Body of the university shall consist of the
following, namely:- (a)
the Chancellor; (b)
the Vice-chancellor; (c)
five persons nominated by the sponsoring body out of whom two
shall be eminent educationist; (d)
one expert of management or information technology from outside
the university, nominated by the Chancellor; and (e)
one expert of finance, nominated by the Chancellor. (2)
The Governing Body shall be the supreme authority of the
university. All the movable and immovable property of the university shall vest
in the Governing Body. It shall have the following powers, namely:- (a)
to provide general superintendence and directions and to control
functioning of the university by using all such powers as are provided by this
Act or the Statutes, Ordinances, Regulations or Rules made thereunder; (b)
to review the decisions of other authorities of the university in
case they are not in conformity with the provisions of this Act or the
Statutes, Ordinances, Regulations or Rules made thereunder; (c)
to improve the budget and annual report of the university; (d)
to lay down the extensive policies to be followed by the university; (e)
to recommend to the sponsoring body about the voluntary
liquidation of the university if a situation arises when smooth functioning of
the university does not remain possible, in spite of all efforts; (f)
such other powers as may be prescribed by the Statutes. (3)
The Governing Body shall meet at least three times in a calendar
year. (4)
The quorum for meetings of the Governing Body shall be four. (1)
The Board of Management shall consist of the following members,
namely:- (a)
the Vice-chancellor; (b)
two members of the Governing Body, nominated by the sponsoring
body; (c)
three persons, who are not the members of the Governing Body,
nominated by the sponsoring body; (d)
three persons from amongst the teachers, nominated by the
sponsoring body; (e)
Two teachers, nominated by the Vice-chancellor. (2)
The Vice-chancellor shall be the Chairperson of the Board of
Management. (3)
The powers and functions of the Board of Management shall be such
as may be prescribed by the Statutes. (4)
The Board of Management shall meet once in every two months. (5)
The quorum for meetings of the Board of Management shall be five. (1)
The Academic Council shall consist of the Vice-chancellor and such
other members as may be prescribed by the Statutes. (2)
The Vice-chancellor shall be the Chairperson of the Academic
Council. (3)
The Academic Council shall be the principal academic body of the
university and shall, subject to the provisions of this Act and the Rules,
Statutes or Ordinances, made thereunder, co-ordinate and exercise general
supervision over the academic policies of the university. (4)
The quorum for meetings of the Academic Council shall be such as
may be prescribed by the Statutes. The composition,
constitution, powers and functions of other authorities of the university shall
be such as may be prescribed by the Statutes. A person shall be
disqualified for being a member of any of the authorities or bodies of the
university, if he- (a)
is of unsound mind and stands so declared by a competent court; (b)
is an undischarged insolvent; (c)
has been convicted of any offence involving moral turpitude; (d)
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. No act or proceeding of any
authority or body of the university shall be invalid merely by reason of any
vacancy or defect in the constitution thereof. Any vacancies occurred in
the membership of authorities or bodies of the university due to death,
resignation or removal of a member or due to change of capacity in which he was
appointed or nominated, shall be filled up as early as possible by the person
or the body who had appointed or nominated such a member: Provided that the person
appointed or nominated as a member of an authority or body of the university on
an emergent vacancy, shall remain member of such authority or body for only the
remaining period of the member, in whose place he is appointed or nominated. The authorities or officers
of the university may constitute such committees with such terms of reference
as may be necessary for specific tasks to be performed by such committees. The
constitution of such committees and their duties shall be such as may be
prescribed by the Statutes. (1)
Subject to the provisions of this Act, and the Rules made
thereunder, the First Statutes of the university may provide for all or any of
the following matters, namely:- (a)
the constitution, powers and functions of the authorities and
other bodies of the university as may be constituted from time to time; (b)
the terms and conditions of appointment of the Vice-chancellor and
his powers and functions; (c)
the manner and terms and conditions of appointment of the
Registrar and Chief Finance and Accounts Officer and their powers and
functions; (d)
the manner and terms and conditions of appointment of other
officers and teachers and their powers and functions; (e)
the terms and conditions of service of employees of the
university; (f)
the procedure for arbitration in case of disputes between
officers, teachers, employees and students; (g)
the conferment of honorary degrees; (h)
the provisions regarding exemption of students from payment of
tuition fee and for awarding to them scholarships and fellowships; (i)
provisions regarding the policy of admissions, including
regulation of reservation of seats; (j)
provisions regarding fees to be charged from students; and (k)
provisions regarding number of seats in different courses. (2)
The First Statutes of the university shall be made by the
Governing Body and shall be submitted to the State Government for its approval. (3)
The State Government shall consider the First Statutes, submitted
by the university and shall give its approval thereon within two months from
the date of its receipt and with such modifications if any, as it may deem
necessary. (4)
The university shall communicate its agreement to the First
Statutes as approved by the State Government, and if it desires not to give
effect to any or all of the modifications made by the State Government under
sub-section (3), it may give reasons therefore and after considering such
reason, the State Government may or may not accept the suggestions made by the
university. (5)
The State Government shall publish the First Statutes, as finally
approved by it, in the Official Gazette, and thereafter, the first Statutes
shall come into force from the date of such publication. (1)
Subject to the provisions of this Act and the Rules made
thereunder, the Subsequent Statutes of the university may provide for all or
any of the following matters, namely:- (a)
creation of new authorities of the university; (b)
accounting policy and financial procedure; (c)
representation of teachers in the authorities of the university; (d)
creation of new departments and abolition or restructuring of
existing department; (e)
institution of medals and prizes; (f)
creation of posts and procedure for abolition of posts; (g)
revision of fees; (h)
alteration of the number of seats in different syllabi; and (i)
all other matters which under the provisions of this Act are to be
prescribed by the Statutes. (2)
The Statutes of the university other than the First Statutes shall
be made by the Board of Management with the approval of the Governing Body. (3)
The Statutes made under sub-section (2) shall be sent to the State
Government and the State Government may approve them as such or, if it
considers necessary, give suggestions for modifications in them within two
months from the date of receipt of the Statutes. (4)
The Governing Body shall consider the modifications suggested by
the State Government and return the Statutes to the State Government with its
agreement to such changes or with its comments on the suggestions made by the
State Government. (5)
The State Government shall consider the comments of the Governing
Body and shall approve the Statutes with or without modifications and then the
Statutes as finally approved by the State Government shall be published by it
in the Official Gazette, and upon such publication the statutes shall come into
force. (1)
Subject to the provisions of this Act or the Rules or Statutes
made thereunder, the first Ordinances may provide for all or any of the
following matters, namely:- (a)
the admission of students to the university and their enrolment as
such; (b)
the courses of study to be laid down for the degrees, diplomas and
certificates of the university; (c)
the award of the degrees, diplomas, certificates and other
academic distinctions, the minimum qualifications for the same and the means to
be taken relating to the granting and obtaining of the same; (d)
the conditions for award of fellowships, scholarships, stipends,
medals and prizes; (e)
the conduct of examinations, including the terms of office and
manner of appointment and the duties of examining bodies, examiners and
moderators; (f)
fees to be charged for the various courses examinations, degrees
and diplomas of the university; (g)
the conditions of residence of the students of the university; (h)
provision regarding disciplinary action against the students; (i)
the creation, composition and functions of any other body which is
considered necessary for improving the academic life of the university; (j)
the manner of co-operation and collaboration with other universities
and institutions of higher education; (k)
all other matters which by this Act or Statutes made thereunder
are required to be provided by the Ordinances. (2)
The First Ordinances of the university shall be made by the
Vice-chancellor which after being approved by the Board of Management, shall be
submitted to the State Government for its approval. (3)
The State Government shall consider the First Ordinances submitted
by the Vice-chancellor under sub-section (2) within two months from the date of
their receipt and shall either approve them or give suggestions for
modifications therein. (4)
The Vice-chancellor shall either modify the Ordinances
incorporating the suggestion of the State Government or give reasons for not
incorporating any of the suggestions made by the State Government and shall
return the First Ordinances alongwith such reasons, if any, to the State
Government and on receipt of the same, the State Government shall consider the
comments of the Vice-chancellor and shall approve the First Ordinances of the
university with or without such modifications and then the First Ordinances, as
approved by the State Government shall be published by the State Government in
the Official Gazette and upon such publication the Ordinances shall come into
force. (1)
All Ordinances other than the First Ordinances shall be made by
the Academic Council which after being approved by the Board of Management
shall be submitted to the State Government for its approval. (2)
The State Government shall consider the Ordinances submitted by
the Academic Council under sub-section (1) within two months from the date of
their receipt and shall approve them or give suggestion for modifications
therein. (3)
The Academic Council shall either modify the Ordinances
incorporating the suggestion of the State Government or give reasons for not
incorporating any of the suggestions made by the State Government and shall
return the Ordinances alongwith such reason, if any, to the State Government
and on receipt of the same, the State Government shall consider the comments of
the Academic Council and shall approve the Ordinances with or without
modifications and then the Ordinances, as approved by the State Government,
shall be published by the State Government in the Official Gazette and upon
such publication the Ordinances shall come into force. The authorities of the
university may, subject to the prior approval of the Board of Management, make
regulations, consistent with this Act and the Rules, Statutes and the
Ordinances made thereunder, for the conduct of their own business and that of
the committees appointed by them. (1) Admission
in the University shall be made strictly on the basis of merit: Provided that for the
purpose of filling minority quota in the university established and
administered by minority community, zone of consideration for determination of
merit shall be limited only to the students belonging to that minority
community. (2) Merit for
admission in the university may be determined either on the basis of marks or
grade obtained in the qualifying examination and achievements in co-curricular
and extra-curricular activities or on the basis of marks or grade obtained in
the entrance test conducted at state level either by an association of the
Universities conducting similar courses or by any agency of the State: Provided that admission in
professional and technical courses shall be made only through entrance test. (3) Seats for
admission in the university of the students belonging to scheduled castes,
scheduled tribes and other backward classes and women and handicapped students
shall be reserved as per the policy of the State Government. (1)
The University may, from time to time, prepare its fees structure
and sent it for approval of the Committee constituted for the purpose under any
law for the time being in force. (2)
The Committee shall consider the fees structure prepared by the
university and if it is satisfied that the proposed fees is- (a)
sufficient for- (i) ????generating resources for meeting the
recurring expenditure of the university; and (ii) ???the savings required for the further
development of the university; and (b)
not unreasonably excessive, it may approve the fees structure. (3)
The fees structure approved by the Committee under sub-section (2)
shall remain in force for three years and the university shall be entitled to
charge fees in accordance with such fees structure. (4)
The university shall not charge any fees, by whatever name called,
other than that for which it is entitled under sub-section (3). At the beginning of each
academic session and in any case not later than 30th of August of every
calendar year, the university shall prepare and publish a semesterwise or
annual, as the case may be, schedule of examinations for each and every course
conducted by it and shall strictly adhere to the schedule. Explanation.-
"Schedule of Examination" means a table giving details about the
time, day and date of the commencement of each paper which is a part of a
scheme of examinations and shall also include the details about the practical
examinations: Provided that if, for any
reason whatsoever, university has been unable to follow this schedule, it
shall, as soon as practicable, submit a report to the State Government
incorporating the detailed reasons for making a departure from the published
schedule. The Government may, thereon, issue such directions as it may deem fit
for better compliance in future. (1) The university
shall strive to declare the results of every examination conducted by it within
thirty days from the last date of the examination for that particular course
and shall in any case declare the results latest within forty-five days from
such date: Provided that if, for any
reason whatsoever, the university is unable to finally declare the results of
any examination within the aforesaid period of forty-five days, it shall submit
a report incorporating the detailed reasons for such delay to the State Government.
The State Government may, thereon, issue such directions as it may deem fit for
better compliance in future. (2) No
examination or the results of an examination shall be held invalid only for the
reasons that the university has not followed the schedule as stipulated in
section 35 or, as the case may be, in section 36. The convocation of the
university shall be held in every academic year in the manner as may be
prescribed by the Statutes for conferring degrees, diplomas or for any other
purpose. The university shall obtain
accreditation from the National Council of Assessment and Accreditation (NAAC),
Bangalore within three years of its establishment and inform the State Government
and such other regulating bodies which are connected with the courses taken up
by the university about the grade provided by NAAC to the university. The
University shall get renewed such accreditation at an interval of every five
years thereafter. Notwithstanding anything
contained in this Act, the university shall be bound to comply all the rules,
regulations, norms, etc. of the regulating bodies and provide all such
facilities and assistance to such bodies as are required by them to discharge
their duties and carry out their functions. (1)
The annual report of the university shall be prepared by the Board
of Management which shall include among other matters, the steps taken by the
university towards the fulfillment of its objects and shall be approved by the
Governing Body and copy of the same shall be submitted to the sponsoring body. (2)
Copies of the annual report prepared under sub-section (1) shall
also be presented to the Visitor and the State Government. (1)
The annual accounts including balance sheet of the university
shall be prepared under the directions of the Board of Management and the
annual accounts shall be audited at least once in every year by the auditors
appointed by the university for this purpose. (2)
A copy of the annual accounts together with the audit report shall
be submitted to the Governing Body. (3)
A copy of the annual accounts and audit report alongwith the
observations of the Governing Body shall be submitted to the sponsoring body. (4)
Copies of annual accounts and balance sheet prepared under
subsection (1) shall also be presented to the Visitor and the State Government.
The advice of the State Government or the Visitor, if any, arising out of the
accounts and audit report of the university shall be placed before the
Governing Body. The Governing Body shall issue such directions, as it may deem
fit and compliance shall be reported to the Visitor or the State Government, as
the case may be. (1)
For the purpose of ascertaining the standards of teaching,
examination and research or any other matter relating to the university, the
State Government may after consultation with the Vice-chancellor cause an
assessment, to be made in such manner as may be prescribed, by such person or
persons as it may deem fit. (2)
The State Government shall communicate to the university its
recommendations in regard to the result of such assessment for corrective
action. The university shall adopt such corrective measures and make efforts so
as to ensure the compliance of the recommendations. (3)
If the university has failed to comply with the recommendation
made under sub-section (2) within a reasonable time, the State Government may
give such directions as it may deem fit for such compliance. (1) The
Sponsoring Body may dissolve the university by giving a notice to the effect in
the prescribed manner to the State Government and the employees and the
students of university at least one year in advance: Provided that dissolution
of the university shall have effect only after the last batches of students of
the regular courses have completed their courses and they have been awarded
degrees, diplomas or awards, as the case may be. (2) On the
dissolution of the university all the assets and liabilities of the university
shall vest in the sponsoring body. (1)
If it appears to the State Government that the university had
contravened any of the provisions of this Act or the Rules, Statutes or
Ordinances made thereunder or has violated any of the directions issued by it
under this Act or has ceased to carry out any of the undertakings given under
sub-section (1) of section 5 or a situation of financial mismanagement or mal-administration
has arisen in the university, it shall issue notice requiring the university to
show cause within forty five days as to why an order of its liquidation should
not be made. (2)
If the State Government, on receipt of reply of the university on
the notice issued under sub-section (1), is satisfied that there is a prima
facie case of contravening all or any of the provisions of this Act or the
Rules, Statutes or Ordinances made thereunder or of violating directions issued
by it under this Act or of ceasing to carry out the undertaking given under
subsection (1) of section 5 or of financial mismanagement or maladministration,
it shall make an order of such enquiry as it may consider necessary. (3)
The State Government shall, for the purposes of any enquiry under
sub-section (2), appoint an inquiry officer or officers to inquire into any of
the allegations and to make report thereon. (4)
The inquiry officer or officers appointed under sub-section (3)
shall have the same powers as are vested in a civil court under the Code of
Civil Procedure, 1908 (Central Act No. 5 of 1908) while trying a suit in
respect of the following matters, namely:- (a)
summoning and enforcing the attendance of any person and examining
him on oath; (b)
requiring the discovery and production of any such document or any
other material as may be predicable in evidence; (c)
requisitioning any public record from any court or office; and (d)
any other matter which may be prescribed. (5)
The inquiry officer or officers inquiring under this Act shall be
deemed to be a civil court for the purposes of section 195 and Chapter 26 of
the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974). (6)
On receipt of the enquiry report from the officer or officers
appointed under sub-section (3), if the State Government is satisfied that the
university has contravened all or any of the provisions of this Act or the
Rules, Statutes or Ordinances made thereunder or has violated any of the
directions issued by it under this Act or has ceased to carry out the
undertakings given by it under sub-section (1) of section 5 or a situation of
financial mismanagement and mal-administration has arisen in the university
which threatens the academic standard of the university, it shall make orders
for liquidation of the university and appoint an administrator. (7)
The administrator appointed under sub-section (6) shall have all
the powers and be subject to all the duties of the Governing Body and the Board
of Management under this Act and shall administer the affairs of the university
until the last batch of the students of the regular courses have completed
their courses and they have been awarded degrees, diplomas or awards as the
case may be. (8)
After having been awarded the degrees, diplomas or awards, as the
case may be, to the last batches of the students of the regular courses, the
administrator shall make a report to the effect to the State Government. (9)
On receipt of the report under sub-section (8), the State
Government shall, by a notification in the Official Gazette, issue an order
dissolving the university and from the date of publication of such notification
the university shall stand dissolved and all the assets and liabilities of the
university shall vest in the sponsoring body from such date. (1)
The State Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act. (2)
Without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:- (a)
the manner of making proposal to establish a university and the
fees payable under sub-section (1) of section 4; (b)
Other particulars to be contained in the Project Report under
subsection (2) of section 4; (c)
matter to be prescribed under clause (d) of sub-section (4) of
section 44; (d)
other matters which are required to be, or may be, prescribed by
rules under this Act. (3)
All the Rules made under this Act shall be laid, as soon as may be
after they are so made, before the House of the State Legislature, while it is
in session, for a period of not less than fourteen days which may be comprised
in one session or in two successive sessions and if before the expiry of the
session in which they are so laid or of the session immediately following, the
House of the State Legislature makes any modification in any of such rules or
resolves that any such rules should not be made, such rules 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 thereunder. (1)
If any difficulty arises in giving effect to the provisions of
this Act, the State Government may, by order published in the Official Gazette,
make provisions, not inconsistent with the provisions of this Act, as appear to
it to be necessary or expedient for removing the difficulty. (2)
Every order made under this section shall, as soon as may be after
it is made, shall be laid before the House of the State Legislature. The provisions of this Act
and the Rules, Statutes, Ordinances made thereunder shall have effect
notwithstanding anything to the contrary contained in any other law, for the
time being in force, made by the State Legislature relating to universities. SCHEDULE S. No. Name and Location of the university Jurisdiction of the university 1 2 3
Preamble - RAJASTHAN PRIVATE UNIVERSITIES ACT, 2005PREAMBLE