RAM KRISHNA
DHARMARTH FOUNDATION (RKDF) UNIVERSITY ACT, 2018 THE RAM KRISHNA DHARMARTH FOUNDATION (RKDF) UNIVERSITY ACT, 2018 [Act No. 22 of 2018] An Act to provide for the establishment and incorporation of the
Ram Krishana Dharmarth Foundation (RKDF), UNIVERSITY in the State of Jharkhand,
and to confer the status of a Private University thereon and for matters
connected therewith and incidental thereto; WHEREAS
it is expedient to provide for the establishment and incorporation of the RAM
KRISHNA DHARMARTH FOUNDATION (RKDF) UNIVERSITY at RANCHI, Jharkhand promoted by
Ayushmati Education and Social Society, Coorporate Office: 202, Zone-1, Ganga
Jamuna Complex, M.P. Nagar, Bhopal, (Society) created and registered under
Madya Pradesh, Bhopal, Hosangabad Society Registration Act, 1973 (Registration
No. 7407/1999 dated 15.10.1999) and to confer the status of a Private
University thereon and for the matters connected therewith and incidental
thereto; It is
hereby enacted in the Sixty-Nineth year of the Republic of India, by the
Legislature of Jharkhand, as follows: (1)
This Act may be called "THE RAM KRISHNA DHARMARTH FOUNDATION
(RKDF) UNIVERSITY ACT, 2018". (2)
It shall extend to the whole of the State of Jharkhand. (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 24 of the Act; (b) "Annual
Report" means the Annual report of the University as referred to in
section 39 of the Act; (c)
"Board of Management" means the Board of Management of
the University as constituted under section 23 of the Act; (d)
"Campus" means the area of the university in which it is
established; (e)
"Chancellor" means the Chancellor of the University
appointed under section 12 of the Act; (f)
"The Chief Finance and Accounts Officer" means the Chief
Finance and Accounts Officer" of the University appointed under section 18
of the Act; (g)
"Controller of Examinations" means the Controller of
Examinations of the University appointed under section 19 of the Act; (h)
"Constituent College" means a college or an institution
maintained by the University; (i)
"Employee" means employee appointed by the University;
and includes teachers and others staff of the University or of a constituent
college; (j)
"Endowment fund" means the endowment fund of the
University established under section 37 of the Act; (k)
"Faculty" means group of academic departments of similar
disciplines; (l)
"Fee" means collection made by the university from the
students for the purpose of any course of study and incidental thereto, in the
University; (m)
"General Fund" means the General fund of the University
established under section 38 of the Act; (n)
"Governing Body" means the Governing Body of the
University constituted under section 22 of the Act; (o)
"National Assessment and Accreditation Council" means
National Assessment and Accreditation Council, Bengaluru, an autonomous
institution of the University Grants Commission; (p)
"Prescribed" means prescribed by the Statutes and the
rules made under this Act; (q)
"Pro Vice-Chancellor" means the Pro-Vice-Chancellor of
the University appointed under section 15 of the Act; (r)
"Registrar" means the Registrar of the University
appointed under section 17 of the Act; (s)
"Regulatory Body" means a body established by the
Government of India for laying down norms and conditions for ensuring academic
standards of higher education, such as University Grants Commission, All India
Council for Technical Education, National Council for Teacher Education,
Medical Council of India, Bar Council of India, Pharmacy Council of India,
National Assessment and Accreditation Council, Indian Nursing Council, Indian
Council of Agriculture Research, Council of Scientific and Industrial Research,
etc. and includes the Government or any such body constituted by the Government
of India or the State Government; (t)
"Rules" means the rule of the University made under this
Act; (u)
"Schedule" means schedule appended to this Act; (v)
"Sponsoring Body" in relation to the university
means (i)
a society registered under Societies Registration Act 1860, or (ii)
a public trust registered under Indian Trust Act 1882, or (iii)
a society or trust registered under the law of any other State; (w) "State
Government" means the State Government of Jharkhand; (x) "Statutes",
"Ordinances", and "Regulations" mean respectively, the
Statutes, Ordinances and Regulations of the University made under this Act; (y) "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; (z) "Teacher"
means a Professor, Associate Professor, Assistant Professor or such of the other person as may be appointed for
imparting instruction or conducting research in the University or in a
Constituent College or Institution and includes the Principal of a Constituent
College or institution, in conformity with the norms prescribed by the
University Grants Commission; (aa) "University
Grants Commission" means the University Grants Commission established
under the University Grants commission Act, 1956; (ab) ?"University"
means the RAM KRISHNA DHARMARTH FOUNDATION (RKDF) UNIVERSITY, Jharkhand
established under this Act. (ac) ?"Vice-Chancellor" means the
Vice-Chancellor of the University appointed under section 13 of the Act; (ad) ?"Visitor"
means the Visitor of the University referred to in section 10 of the Act. (1)
There shall be established the University by the name 'RAM KRISHNA
DHARMARTH FOUNDATION (RKDF) UNIVERSITY' (2)
The headquarters of the University shall be within the State of
Jharkhand and shall be situated at Ranchi. (3)
The University shall start operation only after the State
Government issues the letter of authorization. (4)
The university shall meet the conditions mentioned in the schedule
A of the Act within the stipulated time. (5)
The Governing Body, the Board of Management, the Academic Council,
the Chancellor, the Vice Chancellor, the Pro Vice Chancellor, the Registrar,
the Teachers, the Chief Finance and Accounts Officer and such other officers or
members or authorities so long as they continue to hold such office or
membership of the University hereby constitute a body corporate by the name of
the University. (6)
The University shall function as non-affiliating University and
they shall not affiliate any other college or institute for the conferment of
degree, diploma and for grant of certificate to the students admitted therein. (7)
The constituent colleges and institutions of the Sponsoring Body
affiliated to and enjoying the privileges of any University immediately before
the commencement of this Act shall cease to be affiliated from that University
and shall be deemed to be withdrawn from such privileges from the date of
commencement of this Act and shall be deemed to be admitted to the privileges
of RAM KRISHNA DHARMARTH FOUNDATION (RKDF) UNIVERSITY. University of the
Sponsoring Body and all such colleges and institutions shall be the constituent
colleges and institutions of RAM KRISHNA DHARMARTH FOUNDATION (RKDF)
UNIVERSITY. (8)
The University shall be a body corporate by the name 'RAM KRISHNA
DHARMARTH FOUNDATION (RKDF) UNIVERSITY' and will have perpetual succession and
common seal with power, subject to the provisions of this Act, to acquire and
hold property, to contract and shall, by the said name, sue or be sued. (9)
The University shall not receive any grant-in-aid or other
financial assistance from the State Government or the Central Government. Provided
that, the State Government or the Central Government may provide financial
support, including 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 programme based activity. (1)
On the establishment of the University the land and other movable
and immovable properties acquired, created, arranged, or built by the
University for the purpose of the University in the State of Jharkhand shall
vest in the University. (2)
The land, building and other properties acquired for the
University shall not be used for any purpose other than that for which the same
is acquired. (3)
The properties, movable or immovable, of the university shall be
administered by the Governing Body in such manner as may be provided for by the
regulations. (4)
The properties in the name of the university under sub-section (1)
shall be applied for meeting the liabilities of the university in the event of
dissolution or winding up of the university in such manner as may be prescribed
in the rules. (1)
The tuition fees for professional courses such as Engineering
& Technology, Medicine, Management, etc., in the university shall be
determined by the University under the supervision of the regulatory body
notified by the State Government from time to time. (2)
Admission in the University shall be strictly on the basis of
merit. 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 the
University or an association of the Universities conducting similar courses or
by any agency of the State Government. Provided
that the admission in professional educational colleges or institutions of the
University shall be governed under the provisions of the Regulatory Bodies. (3) The
university shall allow merit scholarship to at least five percent of the total
strength, to the students belonging to poor and economically backward classes.
The relevant criteria for determining the poor and economically backward
classes shall be such as may be determined by the State Government from time to
time. (4) The
university shall compulsorily make provisions for reservation of seats for the
students domiciled in the State of Jharkhand to the extent of at least twenty
five percent of the total students in the university. The reservation of seats
shall be regulated by the laws and orders of the State Government from time to
time. (5) The
university shall make provisions for reservation of non-teaching posts in the
university for the persons domiciled in the State of Jharkhand to the extent of
at least fifty percent of the total number of non-teaching posts of the
university. The reservation of seats shall be regulated by the laws and orders
of the State Government from time to time. (6) The
university shall appoint adequate number of teachers and officers in the
University for maintaining the academic standards specified and shall ensure
that the qualifications of such teachers or officers of the university shall
not be lower than prescribed by the relevant Regulatory Bodies. (7) The
university shall compulsorily place in the public domain every information in
relation to the University which would be of interest to the students and other
stakeholders inter alia, including the courses offered, number of seats under
different categories, fees and other charges, facilities and amenities offered,
faculty in place and such other relevant information. (8) The
Convocations of the University may, for conferring degrees, diplomas or for any
other purpose, be held in every academic year in the manner as may be
prescribed by the Statutes. (9) The University
shall obtain accreditation from the National Council of Assessment and
Accreditation (NAAC) within five years of its establishment and such other
regulating bodies of Government of India which are connected with the courses
taken up by the University and inform the State Government about the grade
provided to the University. The University shall get renewed such accreditation
from time to time. (10)
Notwithstanding anything contained in this Act, the University
shall be bound to comply the conditions mentioned in Schedule A of this Act,
and all the rules, regulations, norms, etc. of the regulating bodies of
Government of India and State Government and provide all such facilities and
assistance to such bodies as are required by them to discharge their duties and
carry out their functions. The
objects of the University shall be to disseminate and advance knowledge and
skill by providing instructional, research and extension of facilities and in
such branches of learning as it may deem fit and the University shall endeavour
to provide to students and teachers the necessary atmosphere and facilities for
the promotion of: (a)
Innovations in education leading to restructuring of courses, new
methods of teaching, training, and learning including online learning, blended
learning, continuing education and such other modes and integrated and
wholesome development of personality; (b)
Studies in various disciplines; (c)
Inter disciplinary studies; (d)
National integration, secularism and social equity and
International understanding and ethics. No person
shall be discriminated against or be excluded from any office of the university
or from membership of any of its authorities or from admission to any course of
study leading to a degree, diploma or other academic distinction on the grounds
of sex, race, creed, class, caste, place of birth and religious belief or
political or other opinion. (i)
To administer and manage the University, establish, administer and
manage its constituent colleges and centres for research, education, training,
extension and outreach including continuing education, distance learning and
e-learning at its campus within the State of Jharkhand; (ii)
To provide for research, higher education, professional education,
teaching training, extension and outreach including continuing education,
distance learning and e-learning in the fields of science, technology,
humanities, social sciences, education, management, commerce, law, pharmacy,
healthcare and any other fields; (iii)
To conduct innovative experiments in educational technologies,
teaching and learning methods, to collaborate with national and international
institutions and to offer joint programmes with such institutes to constantly
improve the delivery of education and to achieve international standards of
education; (iv)
To prescribe courses, curricula and methodologies including
electronic and distance learning and provide for flexibility in the delivery of
education. (v)
To hold examination and confer degree, diploma or grant
certificate and other academic distinctions or title on persons subject to such
condition as the University may determine and to withdraw or cancel any such
degree, diploma or certificates and other academic distinction or titles in the
manner prescribed by the Regulations; (vi)
to institute and award fellowships, scholarships, medals and
prizes; (vii)
to confer honorary degrees or other distinction on the manner
prescribed by the Statutes; (viii)
to establish schools, centres, institutes, college and conduct the
programme and courses of study as are in the opinion of the University,
necessary for the furtherance of its objects; (ix)
To declare as a constituent college any college, centre,
institution imparting education as are in the opinion on the University
necessary for the furtherance of its objects or to establish a new constituent
college, centre, institution for the purpose; (x)
To provide for printing, publication and reproduction of research,
educational material and other works and to organize exhibitions, conferences,
workshops and seminars; (xi)
To establish knowledge resource centre; (xii)
To sponsor and undertake research and educational programmes in
the fields of science, technology, humanities, social sciences, education,
management, commerce, law, pharmacy, healthcare and any other allied areas; (xiii)
To collaborate or associate with any educational institution with
like or similar objects; (xiv) To
establish campuses including virtual campus for the purpose of achieving the
objectives of the University; (xv)
To undertake research and to obtain registration in respect of
such research in the nature of patents, design rights and such or similar
rights with the competent authorities; (xvi) To
maintain linkages and collaborate with educational or other institutions in any
part of the world having objects wholly or partially similar to those of the
University, through exchange of students, researchers, faculty and staff and
generally in such manner as may be conducive to their common objects; (xvii) To render
services of research, training, consultancy and such other services as required
for the purposes of the University; (xviii)
To develop and maintain relationships with faculty, researchers,
administrators and domain experts in science, technology, humanities, social
sciences, education, management, law, commerce, pharmacy, healthcare and allied
area for achieving the objects of the University; (xix) to make
special arrangement in respect to women and other disadvantaged students as the
University may consider desirable; (xx)
To regulate the expenditure and to manage the finances and to
maintain the accounts of the University; (xxi) To
receive funds, movable and immovable properties, equipments, software and other
resources from business, industry, other sections of society, national and
international organization or any other source by transfers or as gifts,
donations, benefactions or bequests for the purposes and objects of the
University; (xxii) To
establish, maintain and manage halls, hostels for students and quarters for the
residence of faculty and staff; (xxiii)
To construct, manage and maintain centres, complexes, auditorium,
buildings, stadium for the advancement of sports, cultural, co-curricular and
extra-curricular activities; (xxiv)
To supervise and control the residence and regulate the discipline
of students, faculty and staff of the University and to make arrangements for
promoting their health, general welfare, social and cultural activities; (xxv)To fix, demand and receive
or recover fees and such other charges as may be prescribed by the Statutes; (xxvi)
To institute and award fellowships, scholarships, prizes, medals
and other awards; (xxvii)
To purchase or to take on lease or accept as gifts, bequests,
legacies or otherwise any land or building or works which may be necessary or
convenient for the purpose of the University and on such terms and conditions
as it may think fit and proper and to construct or alter and maintain any such
building or works; (xxviii) To sell,
exchange, lease or otherwise dispose of all or any portion of the properties of
the University, movable or immovable, on such terms as it may think fit and
consistent with the interest, activities and objects of the University; (xxix)
To draw and accept, to make and endorse, to discount and negotiate
promissory notes, bills of exchange, cheques and other negotiable instruments; (xxx)
To raise and borrow money on bond, mortgages, promissory notes or
other obligations or securities founded or based upon all or any of the properties
and assets of the University or without any securities and upon such terms and
conditions as it may think fit and to payall expenses out of the funds of the
University, (1)
The University shall not admit any college or institution to the
privilege of affiliation. (2)
The University may open any off campus, offshore campus, and study
centre, examination centre in or out of the State of Jharkhand only after the
prior approval of University Grants Commission or such regulatory body
established by the Government or State or Central Government, as the case may
be. (3)
Courses under Distance mode can be started only after the prior
approval of University Grants Commission or such regulatory body established by
the Government. (1)
The Governor of Jharkhand will be the Visitor of the University. (2)
The Visitor shall, when present, preside at the convocation of the
University for Conferring Degrees, Diplomas, charters, Designation and
certificates. (3)
The Visitor shall have the right to visit the University or any
institution maintained by the University to ensure the standard of education,
discipline, decorum and proper functioning of the university. The
following shall be the officers of the University: (a)
The Chancellor (b)
The Vice Chancellor (c)
The Pro Vice Chancellor (d)
Director/Principal (e)
The Registrar (f)
The Chief Finance and Accounts Officer (g)
The Controller of Examinations (h)
The Dean of Students Welfare (i)
The Dean of Faculty (j)
The Proctor, and (k)
Such other officers as may be declared by the Statute to the
officers of the University. (1)
The Chancellor shall be appointed by the Sponsoring Body for a
period of five years with the approval of the Visitor by following such
procedures and on such terms and conditions as may be prescribed. On the expiry
of the term, the Chancellor may be reappointed by the Sponsoring Body in
consultation with the Visitor. (2)
The Chancellor by virtue of his office shall be the head of the
University. (3)
The Chancellor shall preside over the meetings of the Governing
Body and shall, when the Visitor is not present, preside over the convocation
of the University for conferring degrees, diplomas, or other academic
distinctions. (4)
The Chancellor may in writing under his hand addressed to the head
of the sponsoring body resign his office. (5)
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
this Act; and (d)
such other powers as may be conferred on him by this Act or
Statutes made thereunder. (1) The Vice
Chancellor shall be appointed by the Chancellor as per the qualifications
prescribed by the University Grants Commission and shall hold office for a
period of five years .Provided that a person appointed as Vice Chancellor shall
retire from office during tenure of his office or extension thereof, if any
when he completes the age of 70 years. Provided
further that after the expiry of the term of five years, the Vice Chancellor
shall be eligible for re-appointment for another term of five years. (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) In the
absence of both the Visitor and the Chancellor, the Vice Chancellor shall
preside over the convocation of the university. (4)
The Vice Chancellor may, if he/she is of the opinion that
immediate action is necessary on any matter, exercise any power conferred on
any authority of the University by or under this Act and shall convey to such
authority the action taken by him on such matters; Provided
that if the authority of the University or any person in the service of the
University who is aggrieved by the action taken by the Vice Chancellor under
this sub section may prefer an appeal to the Chancellor within one month from
the date of communication of such decision. The Chancellor may confirm, modify
or reverse action taken by the Vice Chancellor. (5) The Vice
Chancellor shall exercise such powers and perform such other functions as may
be prescribed. (1)
If at any time and after such inquiry as may be considered
necessary, it appears to the Chancellor that the Vice Chancellor: (a)
has failed to discharge any duty imposed upon him by or under this
Act, the Statutes, the Ordinances, or (b)
has acted in a manner prejudicial to the interests of the
university, or (c)
is incapable of managing the affairs of the university, then the
Chancellor may, notwithstanding the fact that the term of office of the Vice
Chancellor has not expired, require the Vice Chancellor, by an order in writing
stating the reason therefore, to resign his post from the date as may be
specified in the order. (2)
No orders under sub-section (1) shall be passed unless a notice
stating the specific grounds on which such action is proposed, has been served
and a reasonable opportunity to show cause against the proposed order has been
given to the Vice Chancellor. (1)
The Pro Vice-Chancellor shall be appointed by the Chancellor in
such manner and shall exercise such powers and perform such functions as may be
prescribed. (2)
The Pro Vice-Chancellor appointed under sub section (1) shall
discharge his duties in addition to his duties as a Professor. (3)
The Pro Vice-Chancellor shall assist the Vice Chancellor in
discharging his duties as and when required by the Vice Chancellor. (4)
The Pro Vice-Chancellor shall get honorarium of such amount as may
be determined by the sponsoring body. The
Director/Principal shall be appointed in such manner and shall exercise such
powers and perform such functions as may be prescribed. (1)
The Registrar shall be appointed by the Chairperson of the
Sponsoring Body in such manner, as may be specified in the Statutes. The
Registrar shall possess the qualifications prescribed by the University Grants
Commission. (2)
The Registrar shall have the power to enter into agreements, sign
documents and authenticate records on behalf of the University and shall
exercise such other power and perform such other functions as may be
prescribed. (3)
The Registrar shall be the ex officio Member Secretary of the
Executive Council and the Academic Council but shall not have a right to vote. (1)
The appointment of the Chief Finance and Accounts Officer shall be
made by the Chairperson of the Sponsoring Body in such manner as may be specified
by the Statutes. (2)
The Chief Finance and Accounts Officer shall exercise such powers
and perform such duties as may be specified by the Statutes. (1)
The Controller of Examinations shall be whole time officer of the
university and shall be appointed by the Chancellor in accordance with the
Statutes. (2)
it shall be the duty of the Controller of Examinations: (a)
to conduct examinations in a disciplined and efficient manner; (b)
to arrange for the setting of question papers with strict regards
to secrecy; (c)
to arrange for the evaluation of answer sheets in accordance with
the planned time schedule for results; (d)
to constantly review the system of examinations in order to
enhance the level of impartiality and objectivity with a view to make it better
instrument for assessing the attainments of students; (e)
to deal with any other matter connected with examinations which
may, from time to time be assigned to him by the Vice Chancellor. Manner of
appointment and power and duties of the other officers of the University
including the Dean of Students Welfare, Dean of faculty, and Chief Proctor
shall be such as may be prescribed. The following
shall be the authorities of the University: (a)
The Governing Body (b)
The Board of Management (c)
The Academic Council (d)
The Finance Committee (e)
The Planning Board (f)
Such other authorities as may be declared by the Statutes to be
the authorities of the University. (1)
The Governing Body shall have the following members, namely: (a)
the Chancellor; (b)
the Vice-Chancellor; (c)
the Secretary to the Government, Department of Higher and
Technical Education, Jharkhand, or his nominee; (d)
five persons nominated by the sponsoring body, out of which two
shall be eminent educationists; (e)
one expert of management or technology from outside the
university, nominated by the Chancellor; and (f)
one expert of finance, nominated by the Chancellor. (2)
The Governing Body shall be the supreme authority and principal
governing body of the University. It shall have the following powers, namely: (a)
to provide general superintendence and directions and to control
the functioning of the university by using all such powers as are provided by
this Act, Statutes, Ordinances, Regulations or Rules; (b)
to review the decisions of other authorities of the university in
case they are not in conformity with the provisions of Act, Statutes,
Ordinances, Regulations or Rules; (c)
to approve 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 for the dissolution of the
university if a situation arises when there is no smooth functioning of the
university in spite of best efforts; and (f)
such other powers as may be specified by the Statutes. (3) The
Governing Body shall meet at least three times in a calendar year. (4)
The quorum of the meeting shall be four; Provided
that the Secretary to the Government, Department of Higher and Technical
Education, Jharkhand, or in his absence, Director, Higher Education shall be
present in each meeting in which decisions on issues involving Government
policies/ instructions are to be taken. (1)
The Board of Management shall consist of the following members,
namely: (a)
the Vice-Chancellor; (b)
the Secretary to the Government, Department of Higher and
Technical Education, Jharkhand or his nominee; (c)
two members of the Governing Body, nominated by the sponsoring
body; (d)
three persons, who are not the members of the Governing Body,
nominated by the sponsoring body; (e)
three persons, from amongst the teachers, nominated by the
sponsoring body; (f)
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
specified by the Statutes. (4)
The quorum for the meeting of the Board of Management shall be
five; Provided
that the Secretary to the Government, Department of Higher and Technical
Education, Jharkhand, or in his absence, Director, Higher Education shall be
present in each meeting in which decisions on issues involving Government
policies/ instructions are to be taken. (1)
The Academic Council shall consist of the Vice Chancellor and such
members as may be specified 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, Statutes,
Ordinances, Regulations or Rules, coordinate 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 specified by the Statutes. (1)
The Finance Committee shall be the principal financial body of the
University to take care of the financial matters. (2)
The constitution, powers and functions of the Finance Committee
shall be such as may be prescribed (1)
The Planning Board shall be the principal planning body of the
University and shall ensure that the infrastructure and academic support system
meets the norms of the University Grants Commission or the respective Councils. (2)
The constitution of the planning board, term of office of its
members and its power and functions shall be such as may be prescribed. The
constitution, powers and functions of other authorities of the University,
shall be such as may be prescribed. A person
shall be disqualified from being a member of any of the authorities or bodies
of the university, if he/she: (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)
has been punished for indulging or in promoting unfair practice in
the conduct of any examination, in any form, anywhere. No act or
proceedings of any authority of the University shall be invalid merely by
reason of any vacancy in or defect in the constitution of any authority or body
of the University. The
authorities of the University may constitute such committee with such terms of
reference as may be necessary for specific tasks to be performed shall be such
as may be prescribed by the Statutes. (1)
Subject to the provisions of this Act, and the rules made there
under, the First Statutes 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 maybe constituted from time to time; (b)
the terms and conditions of appointment of the Chancellor, the
Vice Chancellor and their powers and functions; (c)
the manner and terms and conditions of appointment of the
Registrar and Chief Finance and Accounts Officer, 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 cases of disputes between
employees or students and the University; (g)
the conferment of honorary degrees; (h)
the provisions regarding exemption from payment of tuition fee and
awarding scholarships and fellowships to the students; (i)
framing of policy for admission, including regulation of
reservation of seats; and (j)
fees to be charged from students. (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 approve it within sixty days from the date of its receipt, with or
without modifications 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 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 it shall come into force from the date of such
publication. (1)
Subject to the provisions of this Act and the rules made
thereafter, 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 departments; (e)
Institution of medals and prizes; (f)
Procedure for creation and abolition of posts; (g)
Revision of fees; (h)
Alteration of the number of seats in different disciplines; and (i)
All other matters which by or under the provision of this Act
required 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 submitted to the State Government
and it may approve or, if considers necessary, give suggestions for
modification as far as possible 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 it 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 may approve the Statutes with or without modifications and it shall be
published by it in the Official Gazette, and shall come into force from the
date of such publication. (1)
Subject to the provisions of this Act, the rules and the Statutes
made there under, the First Ordinances may provide for all or any of the
following matter, namely:- (a)
The admission of students to the University and their enrolment as
such; (b)
The courses of study to be laid down for degrees, diplomas and
certificates of the University; (c)
The award of degrees, diplomas, certificates and other academic
distinctions, the minimum qualifications for 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
or 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)
Such other matters which are required to be provided by the Ordinances
by or under this Act. (2) The First
Ordinances of University shall be made by the 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 Ordinance submitted by the Chancellor under
sub-section (2) within sixty days from the date of its receipt and may approve
it or give suggestions for modifications therein. (4)
The 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 along with such reasons, if any, to the State Government and on
receipt of the same, it shall consider the comments of the Chancellor and may
approve the First Ordinances of the University with or without such
modifications and it shall be published by the State Government in the Official
Gazette, and it shall come into force from the date of such publication. (1)
All Ordinances other than the First Ordinances shall be made by
the Academic Council which after being approved by the Governing Body 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) as far as possible within two months
from the date of its receipt and may approve it or give suggestions for
modifications therein. (3)
The Academic Council shall either modify the Ordinances
incorporation 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 along with reason, if any, to the State Government and on
receipt of the same, it shall consider the comments of the Academic Council and
may approve the Ordinances with or without modifications and it shall be
published by it in the Official Gazette, and shall come into force from the
date of such publication. The
authorities of the University may, subject to the prior approval of the
Governing Body make Regulation, consistent with this Act, the Statutes and the
Ordinances made thereunder, for the conduct of business of the each such
authority and committee constituted by each such authority. (1)
The State Government may, for the purpose of ascertaining the
standards of teaching, examination and research or any other matter relating to
the University, 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 its recommendations to the
University on the basis of such assessment for corrective action. The
University may adopt such corrective measures and make efforts so as to ensure
the compliance of the recommendations. (3)
The State Government may give such directions as it may deem fit
if the University fails to comply with the recommendation made under
sub-section(2) within a reasonable time. The directions given by the State
Government shall be immediately complied by the University. (1)
The sponsoring body shall establish an Endowment Fund for the university
with an amount specified in the Letter of Intent. (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 the provisions of this Act, the Statutes and the Ordinances. The State
Government shall have the power to forfeit, a part or whole of the Endowment
Fund in case the university or the sponsoring body contravenes the provisions
of this Act, Statutes, the Ordinances, the regulations or the rules made there under. (3)
The university may utilize the income from the Endowment Fund for
the development of infrastructure of the university and not to meet the
recurring expenditure of the university. (4)
The amount of Endowment Fund shall be invested in such instruments
as the Government may prescribe and kept invested until the dissolution of the
university. (5)
In case of investment in long term security, the certificates of
the securities shall be kept in the safe custody of the Government and in case
of deposit in the interest bearing Personal Deposit account in the Government
Treasury, deposit shall be made with the condition that the amount shall not be
withdrawn without the permission of the Government. (1)
The university shall establish a fund, which shall be called the
General Fund to which the following shall be credited, namely: (a)
Fees and other charges received by the university; (b)
Any contribution made by the sponsoring body; (c)
Any income received from consultancy and other work undertaken by
the university in pursuance of its objective; (d)
Trusts, bequests, donations, endowments and any other grants; and (e)
All other sums received by the university. (2)
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, the
Ordinances, the Regulations, and the Rules made there under with the prior
approval of the Governing Body; (b)
To upkeep the assets of the university; (c)
For the payment of the fee for audit of the funds created under
sections 7 and 8; (d)
To meet with the expenses of any suit or proceedings by or against
the university; (e)
For the payment of salaries, allowances, provident fund contributions,
gratuity and other benefits to officers, 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 Executive Council, the Academic Council, other authorities
and the members of any committee appointed by any of the authority or the
Chairperson of the sponsoring body or the Chancellor; (g)
For the payment of fellowships, freeships, scholarships,
assistantships and other awards to the students belonging to economically
weaker sections of the society or research associates, trainees or, as the case
may be, in any student otherwise eligible for such awards under the Statutes,
the Ordinances, the Regulations or the Rules; (h)
For the payment of any expenses incurred by the university in
carrying out the provisions of Act, Statutes, the Ordinances, the regulations
or the Rules; (i)
for the payment of cost of capital, not exceeding the prime
lending rate from time to time of the State Bank of India, incurred by the sponsoring
body for setting up the university and the investments made therefore; (j)
for the payment of charges and expenditure relating to the
consultancy work undertaken by the university in pursuance of this Act,
Statutes, the Ordinances, the regulations or the rules; (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 Governing Body 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 Governing Body, without prior approval of the
Governing Body. The
Annual Report of the University shall be prepared by the University which shall
include among other matters, the steps taken by the University towards the
fulfillment of its objects and shall be submitted to the State Government. (1)
The annual accounts including balance sheet of the University
shall be prepared by the University 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 State Government. (1)
If the sponsoring body proposes to dissolve itself according to
the provisions of law governing its constitution or incorporation; it shall
give at least six months prior notice to the State Government. (2)
The State Government shall, on receipt of such notice make such
arrangements as may be necessary, for the administration of the University from
the date of dissolution of the sponsoring body till the completion of syllabus
by the last batch of students admitted to the University and may also cause the
functioning of the University to continue by appointing an administrator in
place of the sponsoring body, who shall be entrusted with the powers, duties
and functions of the Sponsoring body, duties and functions of the Sponsoring
Body as prescribed under this Act. (1) The
Sponsoring Body who intends to dissolve the University shall give a notice to
that effect in the prescribed manner to the State Government. The State
Government, after due consideration, may dissolve the University in the manner
as may be prescribed; Provided
that the 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, as the case may be, awards. (2) On the
dissolution of the University all the assets and liabilities of the University
shall vest in the Sponsoring Body in the manner as may be prescribed. (3)
Where the State Government decides under sub-section (1) to
dissolve the University, it may vest the powers of the Governing Body in the
prescribed manner to other societies having similar objects till the
dissolution of the University takes effect under the proviso to sub-section
(1). (1)
Where the State Government is of the opinion that the University
has contravened any of the provisions of this Act, the Rules, the Statutes or
the Ordinances made there under or has violated any of the direction issued by
it under this Act or a situation of financial mismanagement or
mal-administration has arisen in the University, it shall issue the notice
requiring the University to show cause within forty-five days as to why an
administrator be not appointed. (2)
On receipt of reply of the University on the notice issued under
sub section (1), if the State Government is satisfied that there is a prima
facie case of contravention of any of the provision of this Act, the Rules, the
Statutes or the Ordinances made there under or violation of directions issued
by it under this Act or there is financial mismanagement or maladministration,
it shall make an order of such inquiry as it may consider necessary. (3)
The State Government shall, for the purposes of any such inquiry
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 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. (5) On
receipt of the inquiry 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, the Rules, the Statutes
or the Ordinances made there under or has violated any of the directions issued
by it under this Act or a situation of financial mismanagement and mal
administration has arisen in the University which threatens the academic
standard of the University, it may appoint an administrator. (6) The
administrator appointed under sub-section (5) shall exercise all the powers and
perform 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 with degrees, diplomas or, as the case may be, awards. (7) After
having been awarded the degrees, diplomas or, as the case may be, to the last
batches of the students of the regular courses, the administrator shall make a
report to that effect to the State Government. (8)
On receipt of the report under sub-section (7), the State
Government shall dissolve the University and on dissolution of the University,
all the assets and liabilities of the University shall vest in the sponsoring
body. (1)
The State Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act. (2)
All rules made under this section shall be laid for not less than
thirty days before the State Legislature as soon as may be after they are made
and shall be subject to rescission by the State Legislature or to such
modification as the State Legislature or to such modification as the State
Legislature may make during the session in which they are so laid or the
session immediately following. Notwithstanding
anything contained in this Act or the Regulations, any student of the
constituent colleges or institutions of the University specified in the
Schedule and affiliated to any University who immediately before the
commencement of this Act was studying or was eligible for any examination of
that University shall be permitted to complete his course in preparation
therefore, and the University shall provide for the instruction, teaching,
training and examination of such students, in accordance with the courses of
studies of the respective University in such manner and for such period as may
be prescribed. (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, take steps 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 order under sub section (1) shall be made after the
expiration of a period of three years from the commencement of this Act. (2) Every
order made under this section shall, as soon as may be after it is made, be
laid before the State Legislature. (1)
Acquire not less than 10 acres of land for its main Campus, if
single-domain, and 25 acres of land, if multi-domain within two years after
starting the functioning of the university. An integrated campus may have
certain facilities in common such as auditorium, cafeteria, hostels, etc. and
hence the land requirement may vary accordingly. (2)
Construct administrative building of at least 1000 sq. mtrs.,
academic building including library, lecture theatres, laboratories of at least
10000 sq. mtrs., adequate residential accommodations for teachers, guest
houses, hostels which shall gradually be increased to accommodate at least 25%
of the total student strength in each course within 3 years of its coming into
existence. In case the University is conducting professional programmes of
study, prevailing norms and standards of respective statutory body shall be
applicable. Existing institutes must undertake
expansion/renovation/restructuring to meet the prescribed norms of the State
Government.
Preamble - RAM KRISHNA DHARMARTH FOUNDATION (RKDF) UNIVERSITY ACT,
2018PREAMBLE