The Jharkhand Private Universities Act, 2024, India-legitquest

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The Jharkhand Private Universities Act, 2024

[11 of 2024]

[21st November 2024]

PREAMBLE

An Act to establish and incorporate in the State of Jharkhand, the Universities of unitary nature in private sector by the sponsoring body viz. Trusts or Societies or not for profit companies to promote, conceptualize and bring about a paradigm shift through development of outstanding leadership, research, knowledge and ideas for education and allied development sectors and also to provide world class Higher Education in the State.

Be it enacted in the Seventy Fifth Year of the Republic of India by the Legislative Assembly of the State of Jharkhand as follows:-

Objects & Reasons: -

Statement of Objects and Reasons: - In accordance with the model guidelines under the Government Order dated September 1, 2014, Private Universities have been established and incorporated by different State Acts. Since different Acts of different Universities contain different provisions and there is no uniform provision for monitoring of such Private Universities, it has become difficult to implement and enforce the policies of the State Government, to collect information and records and to implement the standards of quality in higher education.

It has, therefore, been decided to make an umbrella Act to govern all the Private Universities in the State of Jharkhand under a common law.

The Jharkhand Private Universities Act, 2024 is introduced accordingly.

Section 1. Short title, extent and commencement.

(1) This Act may be called "The Jharkhand Private Universities Act, 2024".

(2) It shall come into force on such date as the State Government may, by notification, in the Gazette, appoint.

(3) It shall extend to whole of the State of Jharkhand.

Section 2. Definition.

In this Act, unless the context otherwise requires-

(a) "Academic Council" means the Academic Council of a Private University constituted under section-27 of this Act;

(b) "AICTE" means the All India Council for Technical Education established under section-3 of the All India Council for Technical Education Act, 1987 (Central Act 52 of 1987);

(c) "BCI" means the Bar Council of India established under section-4 of the Advocates Act, 1961 (Central Act 25 of 1961);

(d) "Board of Management" means the Board of Management of a Private University constituted under section-26;

(e) "Chancellor" and "Vice-Chancellor" " means, respectively, the Chancellor, and the Vice-Chancellor of a Private University;

(f) "Deans and Directors" means the Head of Department or an Institution, a Centre or a School, or the person appointed for the purpose to act as such in his absence;

(g) "Department" means a Department of Studies of a Private University and includesa Centre of Studies and Research;

(h) "Employee" means any person appointed by a Private University, and includes a teacher or any other member of the staff of a Private University;

(i) "Existing Educational Institution" means a college, or an institution offering recognized degree or diploma courses;

(j) "Faculty" means a Faculty of a Private University;

(k) "Government" means the State Government of Jharkhand;

(l) "Governing Body" means the Governing Body constituted under section-25;

(m) "Hostel" means a unit of residence for students at a Private University maintained or recognized by the Private University;

(n) "ICAR" means the Indian Council of Agricultural Research, registered under the Societies Registration Act, 1860 (Central Act 21 of 1860);

(o) "Inquiring Authority or Officer" means an authority or officer appointed by the Government as per section-53(3) of this Act;

(p) "MCI" means the Medical Council of India constituted under the Medical Council Act, 1956 (Central Act 102 of 1956);

(q) "Multidisciplinary" means study in the Departments of Humanities and Social Sciences, Science, Engineering and Technology, Architecture, Medical, Dental, Nursing, Pharmacy, Physiotherapy, Allied Health Sciences, Education, Law, Agriculture, Veterinary and other branches of knowledge;

(r) "NCTE" means the National Council for Teacher Education established under the National Council for Teacher Education Act, 1993 (Central Act 73 of 1993);

(s) "NAAC" means National Assessment and Accreditation Council, an autonomous institution of UGC;

(t) "PCI" means Pharmacy Council of India constituted under section-4 of the Pharmacy Act, 1948 (Central Act 8 of 1948);

(u) "Prescribed" means prescribed by Rules, Statutes and Ordinances;

(v) "Private University" means a University established under section-3;

(w) "Registrar", "Controller of Examinations", "Finance Officer" means, respectively, the Registrar, the Controller of Examinations and the Finance Officer of a Private University;

(x) "Regulatory Body" means and includes a body such as UGC, AICTE, NCTE, MCI, PCI, DCI, ICAR, BCI established by an Act of the Government of India for maintenance of standards of higher education;

(y) "Rules" means rules made under section-56 of this Act;

(z) "Schedule" means the Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V appended to this Act;

(aa) "Scrutiny Committee" means the Committee constituted under section-7;

(ab) "Sponsoring body" means a trust registered under the Indian Trusts Act, 1882 (Central Act 2 of 1882); or a society registered under the Societies Registration Act, 1860; or a company registered under section-8 of the Companies Act, 2013 (Central Act 13 of 2013);

(ac) "State" means the State of Jharkhand;

(ad) "statutes", "ordinances" and "regulations" means respectively, the statutes, the ordinances and the regulations of a Private University made under this Act;

(ae) "student" means a student enrolled in the register of a Private University;

(af) "teachers" means Professors, Associate Professors, Assistant Professors and such other persons as may be appointed by a Private University for imparting instructions or conducting research in the University or the institution maintained by the University, in conformity with the prescribed UGC norms, and are designated as teachers by the Ordinances; and

(ag) "UGC" means the University Grants Commission established under section-4 of the University Grants Commission Act, 1956 (Central Act 3 of 1956).

Section 3. Establishment of Private University.

(1) The Government may permit the establishment of a Private University, by any sponsoring body, by inclusion of the name of the Private University, its location, and the details of the sponsoring body in the Schedule III (List of the New Private Universities after the enactment of The Jharkhand Private Universities Act, 2024).

(2) The Private University shall be a multidisciplinary University. Its location shall be within the State of Jharkhand.

(3) The Private University shall be a body corporate, shall have perpetual succession and a common seal and shall sue and be sued by the said name.

(4) The Private University shall be of the unitary type and shall not have power to affiliate or recognize any college or institution.

(5) The Private University may establish constituent colleges, regional centres, additional campuses and study centres at such places in the State as it deems fit subject to approval from Government and compliant with the norms of UGC and other regulatory bodies.

Section 4. Conditions for establishment of Private University.

For the purpose of establishing a Private University under this Act, the sponsoring body shall fulfill the following conditions, namely: -

(1) possess contiguous land of not less than

(a) a minimum of 05 acres of land within municipal corporation limits; and

(b) a minimum of 15 acres of land outside municipal corporation.

For the purposes of this section, "possession" means possession either by way of ownership or as a lessee having a perpetual lease for a minimum period of thirty years:

Provided that the land in the name of a college or educational institution established by the sponsoring body shall also be deemed to be duly possessed by a sponsoring body for the purpose of establishing a Private University under this Act:

Provided that, the sponsoring body shall not sell, transfer or lease out such land or any part thereof and also shall not use it for any purpose other than the purposes mentioned in this Act for the functioning of the University:

Provided further that such land shall not be mortgaged to any person other than a bank or financial institution established under any law for the time being in force for any purpose other than availing loan for establishing the University.

(2) create a Permanent Endowment Fund as given below:

(a) Rs 10 Crore for land possessed within municipal corporation limits; and

(b) Rs 7 Crore for land possessed outside municipal corporation.

(3) construct on land referred to in the section-4(1), at least 12000 Sqm of built up area for administrative and academic purpose including library, lecture theatre, auditorium, student resource centres, sports facilities and laboratories. Adequate residential accommodations for teachers, guest houses, hostels, should be constructed, which shall gradually be increased to accommodate at least 25% of student strength in each course within 3 years of existence. The University should be built on the principles of a Green Campus which should be using energy efficient appliances and set up water harvesting facilities. In case University is conducting professionals program of study, prevailing norms and standards of UGC and respective regulatory body shall be applicable.

(4) install equipment, computers, furniture, assets, infrastructural facilities other than building mentioned in the Section-4(3) and other consumables and non-consumables as the norms prescribed by UGC and the respective regulatory body.

(5) appoint teachers for the purposes of teaching as per the standards and regulations laid down by the UGC, appoint at least one Professor, two Associate Professors and three Assistant Professors having prescribed qualifications by UGC and necessary supporting staff members in each department or discipline. At least seventy-five per cent of the regular teachers in each department/discipline shall be regular employees of the University. 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 seventy-five 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) purchase of books, journals, periodicals and online resources as per the norms of UGC and the respective regulating bodies and give undertaking to invest within first three years not less than a sum of 50 Lakhs or as per the norms of UGC and the regulatory bodies, whichever is higher, on books, journals, periodicals, online resources, computers, library networking, and other facilities to make the library facilities adequate for contemporary teaching and research.

Section 5. Application for establishment of Private University.

(1) Any sponsoring body desirous to have a Private University established under this Act, shall make an application to the Government through the specified portal, containing an outline of the purpose and vision of the proposed Private University, the project report in such manner containing such particulars along with a fee of rupees Five lakhs (5 Lakhs) as may be prescribed. A sponsoring body should be:

(a) A Society registered under the Societies Registration Act, 1860 (Central Act No. 21 of 1860) and as amended from time to time; or

(b) Any Public Trust registered under the State Public Trusts Act, or the Indian Trusts Act, 1882(Central Act No. 2 of 1882) or under the relevant laws in any other State or Union Territory and as amended from time to time; or

(c) A Company registered under Section-25 of Companies Act, 1956 (now Section-8 of Companies Act, 2013) and as amended from time to time.

(2) The sponsoring body may approach the Secretary, Department of Higher & Technical Education, in case of any grievance during the entire application process.

Section 6. Project Report.

(1) The project report shall, in addition to the particulars as may be prescribed in section-5, contain the following, namely: -

(a) justification regarding the necessity of establishment of the proposed Private University;

(b) the details of the sponsoring body along with copies of its registration certificate under the Indian Trusts Act, 1882 (Central Act 2 of 1882) or the Societies Registration Act, 1860 or the Companies Act, 2013, (Central Act 13 of 2013) as the case may be, and whether minority (religious or linguistic)

(d) the name, location and headquarters of the proposed Private University;

(e) the objectives of the Private University;

(f) availability of academic facilities including teaching and non-teaching staff, if any, at the disposal of the 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 for starting the Private University;

(h) the phased outlays of capital expenditure and its sources of finance;

(i) the nature and type of programmes and courses of study, research and innovation proposed to be undertaken by the Private University;

(j) the nature of facilities proposed to be started;

(k) the scheme of mobilizing resources and the cost of capital thereto and the manner of repayment to such sources;

(l) projected detailed financial statements and key operating ratios with a detailed break-up of sources of revenues generated internally;

(m) the system proposed to be followed for selecting students for admission to the courses of study at the Private University;

(n) the system proposed for appointment of teachers and other employees in the Private University;

(o) the nature of specialized teaching, training or research activities to be undertaken by the Private University including those related to the local needs, so as to fulfil its objects;

(p) the details of play grounds and other facilities available or proposed to be created for games and sports and extracurricular activities like National Cadet Corps and National Service Scheme;

(q) proposed approach and initial plans for academic and research excellence, including accreditations to be sought and academic auditing;

(r) the concessions or rebates in fees and scholarships, if any, to be granted by the Private University to the students from economically or socially backward families, including Scheduled Castes, Scheduled Tribes, other Backward Classes and differently abled students;

(s) commitment to align itself with the State policies such as Industrial and Investment Promotion Policy, Startup Policy, Energy Policy, Health Policy, Mining Policy, etc. which require interaction and association with higher education institutions;

(t) commitment to follow the norms of the regulatory bodies;

(u) such other details as the sponsoring body may like to give; and

(v) such other details as may be decided by the State Government from time to time.

A checklist containing key components of the project report is attached as Annexure-1 for the ready reference of the Scrutiny Committee at the time of evaluation of the proposals submitted by the sponsoring bodies.

(2) In addition to complying with the provisions as prescribed in the section-6(1), an existing educational institution applying for Private University status through its Sponsoring Body, will be treated as a fresh application and the application process remains as per the provisions under this Act, however, it is expected to meet the following additional eligibility/compliance criteria: -

(a) the institution shall submit audited accounts for last five financial years;

(b) the institution must be an institution approved by relevant regulatory bodies/councils. In addition, the existing institution must obtain a NOC from the State University in case it is already affiliated to a State University at the time of making the application;

(c) the institution must also have approval for their academic programs from respective regulatory bodies like UGC, AICTE, MCI, DCI, NCTE, BCI, INC etc;

(d) at the time of applying, the institution must possess necessary academic and physical infrastructure as prescribed by respective statutory/regulatory bodies concerned.

(3) An application made by the existing educational institution for the status of Private University shall comply to the conditions, application, and processes for establishment as mentioned under section-3, section-4, section-5, and section-6 (1) & 6(2).

Notwithstanding anything mentioned in the above mentioned sections, the existing institution shall continue to function as is, basis their existing affiliation and approvals till a period of four years after the issuance of Lo I or the passing of the last batch, whichever is earlier.

Section 7. Scrutiny Committee.

(1) The Government shall constitute a Scrutiny Committee, which will be a permanent body, to examine the application and proposals for setting up a new Private University received from the sponsoring body. The Scrutiny Committee shall be the responsible body to make rules, in conformity with the provisions of this Act, if and when required, and to carry out any related tasks. The Government may revisit the constitution, and responsibilities of the Scrutiny Committee from time to time and make changes, as it deems fit.

(2) The composition of the Scrutiny Committee shall be as follows: -

(a) Director, Higher Education – Chairperson

(b) Two (2) serving Registrars of the State Universities on rotational basis – Member

(d) Officer from the Department of Finance not below the rank of Joint Secretary – Member

(e) Officer from the Department of Law not below the rank of Joint Secretary – Member

(f) Officer from the Department of Revenue, Registration & Land Reforms not below the rank of Joint Secretary – Member

(g) Officer from the Department of Building Construction not below the rank of Executive Engineer – Member

(h) Member of Parliament of the concerned area or his/her nominated representative – Member

(i) Member of Legislative Assembly of the concerned area or his/her nominated representative - Member

The Chairperson may nominate special invitee member(s), if required.

(3) The Scrutiny Committee shall examine the proposal with reference to the following: -

(a) financial soundness and assets of the sponsoring body and its ability to setup the infrastructure of the proposed Private University;

(b) background of the sponsoring body such as experience in the field of education, its credibility and general reputation;

(c) potential of the courses to be offered which are not only of conventional nature but also in tune with the contemporary requirements of emerging branches of learning;

(d) appropriateness of the objectives of the proposed Private University against the overall goals and objectives of the State; and

(e) any other factor that the Scrutiny Committee may deem appropriate.

(4) The Scrutiny Committee, while considering the proposal and the project report, may call for such other information from the sponsoring body as it thinks proper for the purpose.

(5) The Scrutiny Committee shall recommend or otherwise, whether the proposal to set up a new Private University is appropriate and whether the sponsoring body is competent to run this University, to the Government. The Scrutiny Committee shall submit its report within a period of three (3) months from the date of submission the new proposal to it.

Section 8. Letter of Intent & Compliances.

(1) On consideration of the recommendation of the Scrutiny Committee, the Government shall take a decision on accepting or rejecting the proposal or seek modification or additional information in the proposal.

(2) The Government reserves the right to accept or not to accept the evaluation report of the Scrutiny Committee. The decision of the Government in this regard shall be final.

(3) The Government through the Scrutiny Committee shall inform the sponsoring body of its decision through a Letter of Intent, a Letter of Regret, or a letter seeking modified proposal or additional information, as the case may be.

(4) In case of acceptance of the evaluation report and issuance of the letter of intent (Annexure-2) the sponsoring body will be asked to:

(a) establish a Permanent Endowment Fund for the University as specified in section 4(2) & section 46;

(b) sponsoring body must acquire land as specified in section 4(1) within a period of one year from the issue of Letter of Intent (LoI);

(d) fulfill 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;

(e) give undertaking not to dissolve the Private University within 15 years of its commencement and if the Private University is dissolved within 15 years of its commencement all the assets of the Private University without liabilities and free from all encumbrances shall vest with the Government.

(f) give undertaking that all the assets of the University without liabilities and free from all encumbrances will vest with the Government if the Private University is dissolved within a period of 15 years of its commencement or derecognized on account of the contravention of provisions of the Act, Rules, Statutes, Ordinances, Regulations, Directives of the Government, and other regulatory bodies; and

(g) give undertaking to indemnify the Government from any liabilities accrued by the sponsoring body in the name of the Private University.

(h) On issuance of the LoI the sponsoring body shall submit a security deposit within thirty (30) days in the form of a Bank Guarantee (BG) of Rs 25 lakhs valid for a period of 6 years.

(5) The sponsoring body shall fulfill the requirements and conditions specified in section-4 and shall submit to the Government compliance report thereof supported by an affidavit within a maximum period of three (3) years or four (4) years (in accordance with (5)(g) of section-8) from the date the issuance of Letter of Intent.

(a) On receiving the compliance report, the Scrutiny Committee shall verify the compliance report;

(b) The sponsoring body will have the provision to include any additional details during the period of three years from the time the LoI is issued, and compliance report submitted. The amended part of the proposal will be reviewed again by the committee and approval will be given thereafter if deemed fit by the Government;

(c) The Committee will scrutinize the compliance report and point out deficiencies, if any, to the sponsoring body for removal thereof. Any additional information may be sought by the Committee for scrutiny. Besides this, specific recommendations may be communicated to the sponsoring body for compliance;

(d) The sponsoring body will submit report to the Committee regarding the removal of deficiencies and compliance of the recommendations communicated as above;

(e) The sponsoring body may withdraw the application at any stage within a maximum period of three (3) years or four (4) years (in accordance with (5)(g) of section-8) after the issuance of letter of intent. In that case, the Bank Guarantee (BG) submitted by the sponsoring body as mentioned in Section-8 in(4)(g), shall be invoked by the Government;

(f) Subject to (5)(d) of section-8, the Scrutiny Committee shall submit its report to the Government within three months from the date of the receipt of the compliance report from the sponsoring body, specifying whether the sponsoring body has fulfilled the requirements and conditions laid down in the letter of intent;

(g) The Government may extend the term of letter of intent for a maximum period of one year if such request is made by the sponsoring body and the Government is satisfied in respect of the reasons given by the sponsoring body for the extension of the letter of intent;

(h) If the sponsoring body fails to comply with the provisions of letter of intent within a maximum period of three years or four years (in case of extension given under sub-section (5)(g) of section 8), from the date of issue of LoI, the proposal submitted shall stand rejected and the LoI issued to the sponsoring body shall be deemed to have been withdrawn, and the Government with the recommendation/s of Scrutiny Committee may charge penalty as it deems fit which shall be recovered from the security deposit; and

(i) If the sponsoring body is not in violation of sub-section (5)(h) of Section 8, and upon validation of all compliances, security deposit (BG) as mentioned in subsection (4)(h) of Section 8, will be returned within one year of incorporation of the new Private University as specified in Section 9(1).

(6) Existing educational institution if applying for the status of Private University as per section 6(2) shall continue to function as is on the receipt of Lo I as per section 6(3) and must immediately start compliance to section 8(1) to section 8(5). Further, on the issuance of Lo I, no new batches of students shall be admitted by the institution.

Section 9. Establishment or incorporation of a New Private University.

(1) The Government, if satisfied, after considering the compliance report submitted under Section 4 that the sponsoring body has complied with the provisions of sub-section (4) of Section 8, may, bring appropriate legislation, to amend the schedule III for inclusion of the name of the new Private University. A notification will be published in the State Gazette permitting the new Private University to be incorporated with such name, location, and jurisdiction.

(2) Names of the new Private Universities to be established under this Act shall be included in the Schedule III.

(3) After the publication of notification in the State Gazette, the Government will issue a letter of incorporation (Annexure-3) to the sponsoring body, which shall specify the conditions to be fulfilled by the newly incorporated Private University for the commencement of its regular operations such as students admissions, running the courses, awarding the degrees etc.

(4) The said notification in section-9(1) and the said letter of incorporation in section-9(3) will be sent to UGC and Ministry of Education, Government of India for information.

(5) The sponsoring body, will be required to fulfill the conditions of the Letter of Incorporation mentioned in sections-9(3), within a period of two (2) years, as stated below:

(a) The sponsoring body within thirty (30 days) of issuance of Letter of Incorporation as per section-9(3) shall submit a security deposit in the form of a Bank Guarantee (BG) of Rs 1 Crore (valid for a period of 16 years) from the date of issuance of Letter of Incorporation, which shall be invoked by the Government, in case of dissolution or de-recognition as stated in section 51, section 53, and sub-sections (4)e and (4)(f) of section 8 respectively.

(b) The sponsoring body will be required to make an application to UGC to enlist the newly incorporated Private University in the UGC List of Authorized Universities;

(c) The Private University must meet the norms, notification, regulations and guidelines as laid down by UGC from time to time, offer all academic and nonformal courses as per UGC guidelines on the same, adhere to the nomenclature of degrees and programs as specified by the UGC and set up statutes, regulations, rules, ordinances and constitute authorities like The Governing Body, The Board of Management, The Academic Council and Finance Committee, etc. as mentioned in Section 24 to deal with governance, academic, administration and financial issues, etc.;

(d) The Private University shall maintain standards, higher than the minimum, of instruction, academic and physical infrastructure, qualifications of teachers, etc. as prescribed for higher education institutions by the Regulatory body concerned, such as All India Council for Technical Education (AICTE), Medical Council of India (MCI),Dental Council of India (DCI), National Council for Teachers Education(NCTE), Bar Council of India (BCI), Indian Nursing Council (INC), etc. and shall obtain their approval for running various programs of study as applicable; and

(6) The Private University shall not admit any college or institution to the privilege of affiliation.

(7) It is mandatory for the Private University to get itself assessed by NAAC/NBA within six years of its commencement/ or on the date of first eligibility (for the accreditation), whichever is earlier and will also have to fulfill all other requirements / criteria laid down by various regulatory bodies as applicable.

Section 10. Commencement of Private University.

(1) The Sponsoring Body within two (02) years from the date of issuance of Letter of Incorporation shall submit an affidavit to the Government, along with documents to the effect that all the conditions in the letter of incorporation as stated in sub-sections (5)(a), (5)(b), (5)(c) & (5)(d) of section 9 have been fulfilled.

(2) In case of existing educational institutions application, in addition to fulfillment of provisions as mentioned Section 10(1) an affidavit needs to be submitted that the last batch of the institution has passed, and it has completed all formalities and notified the affiliating University about the end of affiliation in lieu of it becoming a Private University.

(3) The Government, if satisfied, with the affidavit and the documents submitted by the sponsoring body as stated in Section10(1) or for existing educational institution as stated in Section 10(2) shall, issue a Letter of Approval (Annexure-4) through the Scrutiny Committee to the sponsoring body allowing the Private University to commence itsregular operations.

Section 11. Grants and Financial Assistance.

Every Private University shall be a self-financing University and shall neither make a demand nor shall be entitled to any maintenance, grant-in-aid or any other financial assistance from the Government:

Provided that this shall not prohibit a Private University from applying for research projects or any other academic projects which may or may not entail financial grant or financial support from any other source.

Provided that this shall not prohibit a Private University from applying to Government to avail the benefits of under any policy of the Government.

Section 12. Objectives of Private University.

(1) The Private University shall act in a manner such that it aligns itself with the National Education Policy (NEP), 2020 and as amended from time to time.

(2) The objectives of a Private University shall be to disseminate and advance education, knowledge and skill by providing instructional, research and extension of facilities in such branches of learning as it may deem fit and the Private 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 on-line learning, blended learning, continuing education and such other modes and integrated and wholesome development of personality;

(b) studies in various disciplines;

(d) national integration, secularism, social equity and engineering of international understanding and ethics;

(e) educational programmes for diplomas, degrees and post-graduate courses, doctorate degrees and post-doctoral programmes and to maintain high standards of education; and

(f) collaboration with national and global institutions, and creation of capabilities for upgrading programmes to the global standards, subject to the guidelines of the UGC and other regulatory bodies.

Section 13. Powers of Private University.

Every Private University shall have the following powers, namely:-

(1) to provide for instructions in such branches of learning as the Private University may, from time to time, determine and to make provisions for research and for the advancement and dissemination and application of knowledge and skills.

(2) to impart and promote the study of humanities and social sciences, science, engineering and technology, management, law, medical and allied sciences and any other professional courses through in-campus, off-campus, and satellite centres or by distance educational programmes.

(3) to honour educational stalwarts and persons of academic eminence with the decoration of professor Emeritus.

(4) to grant, subject to such conditions as the Private University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause.

(5) to confer honorary degrees or other distinctions in the manner prescribed.

(6) to provide education and training including correspondence and such other courses, to such persons who are not members of the Private University, as it may determine.

(7) to institute Directorships, Professorships, Associate Professorships, Assistant Professorships, and other teaching or academic posts required by the Private University and to make appointments for the same.

(8) to create administrative, ministerial and other posts and to make appointments thereto.

(9) to appoint or engage persons of eminence working in any other University or Organisation permanently or for a specified period.

(10) to co-operate, collaborate or associate with any other University or Authority or Institution in India and abroad in such manner and for such purpose as the Private University may determine.

(11) to establish and maintain schools, centres, utilized laboratories or other units for research and instructions as are in the opinion of the Private University, necessary for the furtherance of its objects.

(12) to institute and award fellowships, scholarships, studentships, medals and prizes.

(13) to establish and maintain and supervise residences, hostels within the Private University and promote the health and general welfare activities for students and staff.

(14) to make provisions for research and consultancy, and for that purpose to enter into such arrangements with other institutions or bodies as the Private University may deem necessary.

(15) to declare a centre, an institution, a department, or school, as the case may be, in accordance with the statutes.

(16) to determine standards for admission into the Private University, which may include examination, evaluation or any other method of testing.

(17) to prescribe, demand and receive payment of fees and other charges.

(18) to make such arrangements in respect of the residence, discipline and teaching of women and other disadvantaged students as the Private University may deem fit.

(19) to regulate and enforce discipline amongst the employees and students of the Private University and take such disciplinary measures in this regard as may deem necessary by the Private University.

(20) to make arrangements for promoting the health and general welfare of the employees of the Private University.

(21) to receive donations and to acquire, hold, manage and dispose through sale or lease or rent of any property, movable or immovable for the welfare of the Private University subject to the Section 4(1) of the Act.

(22) to borrow without security or by way of hypothecation or mortgage against the property of the Private University with the approval of the sponsoring body subject to the Section 4(1) of the Act.

(23) to appoint either on contract or otherwise, visiting professors, emeritus professors, consultants, fellows, scholars, artists, course writers and such other persons who may contribute to the advancement of the objects of the Private University.

(24) to utilize and to undertake extra-mural studies and extension service.

(25) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Private University, inconformity with the provisions of this Act.

Section 14. Admission & Fees.

(1) Every Private University shall, subject to the provisions of this Act and the relevant statutes and regulations of the UGC and other regulatory bodies, as the case may be, be open to all persons irrespective of gender, class and creed.

(2) Nothing contained in sub-section (1) shall require a Private University: -

(a) to admit to any course of study any person who does not possess the prescribed academic qualification or standard;

(b) to retain on the rolls of the Private University any student whose academic record is below the minimum standard required for the award of a degree or other academic distinction;

(c) to admit any person or retain any student whose conduct is prejudicial to the interest of the Private University or the rights and privileges of other students and teachers; and

(d) to retain on rolls of the Private University any student who fails to remit necessary fees as prescribed for the course.

(3) Subject to the provisions of sub-sections (1) and (2) and the standard admission process of the Private University as may be prescribed, the Private University shall reserve twenty-five percent of seats in each course of study for the students domiciled in the State of Jharkhand. The category-based reservation of seats within the mandate of twenty-five percent seats reserved for students domiciled in the State of Jharkhand shall be regulated by the laws and orders of the State Government from time to time.

(4) The Private University shall conduct its admission through an online transparent admission process.

(5) The Private University may, from time to time, prepare its fee structure and send it for approval of the Governing Body constituted for the purpose under section-25.

(6) The Governing Body shall consider the fee structure prepared by the university and if it is satisfied that the proposed fee 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 fee structure.

(7) The fee structure approved by the Governing Body under sub-section (5) shall remain in force for three years and the university shall be entitled to charge fees in accordance with such fees structure.

(8) The Private University shall not charge any fees, by whatever name called, other than that for which it is entitled under sub- section (5).

(9) The Private University shall communicate prescribed fee structure to the Government. The Government shall be entitled to ensure that the prescribed fee does not entail profiteering or charging of capitation fee.

(10) The Private University shall allow merit scholarship to at least five percent of the total strength, to the students from economically or socially backward families, including Scheduled Castes, Scheduled Tribes and other Backward Classes.

Section 15. Officers of Private University.

The following shall be the officers of a Private University, namely:-

(a) the Visitor.

(b) the Chancellor.

(d) the Registrar.

(e) the Deans and Directors.

(f) the Chief Finance& Accounts Officer.

(g) the Controller of Examinations.

(h) such other persons as may be declared by the statutes to be officers of the Private University.

Section 16. The Visitor.

(1) The Honble Governor of Jharkhand shall be the Visitor of the Private University.

(2) The Visitor shall, when present, preside at the convocation of the Private University for conferring degrees and diplomas.

(3) The Visitor shall have the following powers, namely.

(a) to appoint Vice-Chancellor;

(b) to call for any paper or information relating to the affairs of the Private University;

(c) if it appears on the basis of the information that any order, proceeding or decision taken by any authority of the Private University is not in conformity with the provisions of this Act, Statutes, Ordinances or Regulations made thereunder, the Visitor may ask for the opinion of the Government. On being satisfied that certain irregularity has taken place, he may issue such directions as he may deem fit in the interest of the Private University and the directions so issued shall be complied with by the Private University; and

(d) to institute inquiry against the Vice-Chancellor, on the report of the Chancellor or otherwise.

Section 17. Chancellor.

(1) The Chancellors shall be appointed by the sponsoring body for a period of three years with the approval of the Visitor:

Provided that, for establishing the Private University and making it functional, the sponsoring body shall appoint the Chancellor, who should be an eminent administrator and have a proven track record of excellent academic administration and must be well qualified, for a minimum period of one year, but not exceeding three years.

(2) The Chancellor shall be the head of the Private University.

(3) The Chancellor shall preside over the meetings of the Governing Body and shall, when the Visitor is not present, preside over convocation of the Private 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; and

(b) the report to the Visitor for removal of the Vice-Chancellor, if he is satisfied on the basis of complaints that the Vice-Chancellor has acted in violation of the Act, Statutes or Ordinances of the Private University or committed financial irregularity.

Section 18. Vice-Chancellor.

(1) The Vice Chancellor shall be a person of the highest level of competence, integrity, morals and institutional commitment. The qualification and experience criteria will be in conformity with the norms prescribed by UGC. The Vice-Chancellor shall be appointed by the Visitor from the panel recommended by the Search Committee constituted by the sponsoring body for the purpose.

(2) The Search Committee referred to in sub-section (1) shall consist, along with the Chancellor (Section-17), of the following.

(a) Two eminent academicians nominated by the sponsoring body; and

(b) One eminent person from the domain of Higher Education or an Officer from the Department of Higher and Technical Education nominated by the State Government.

(c) One person nominated by the Chairman, University Grants Commission The Visitor shall appoint one of the members of the Search Committee as Chairman.

(3) The Search Committee shall submit a panel of at least three eminent academicians for the appointment of Vice-Chancellor:

Provided that if the Visitor does not approve the recommendation of the Search Committee; he may call for fresh recommendation from the Committee:

(4) The Vice-Chancellor shall, subject to the provision contained in sub-section (10), hold office for a term of four years:

Provided that, a Vice-Chancellor shall continue to hold the office even after expiry of his term till a new Vice-Chancellor joins. However, in any case, this period shall not exceed 6 months.

(5) The Vice-Chancellor shall be the principal executive and academic officer of the Private University and shall exercise general superintendence and control over the affairs of the Private University and shall execute the decisions of various authorities of the Private University.

(6) The Vice-Chancellor shall preside at the convocation of the Private University in the absence of the Visitor and the Chancellor.

(7) 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 Governing Body. The decision of the Governing Body shall be communicated to the person concerned within a maximum period of three months from the date of appeal.

(8) If, in the opinion of the Vice-Chancellor any decision of any authority of the Private University is not in conformity with the powers conferred by this Act, Statutes, Ordinances or Regulations made thereunder, or is likely to be prejudicial to the interest of the Private University, he shall request the concerned authority to revise its decision. Incase 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, which will be reported to the Governing Body for ratification.

(9) The Vice-Chancellor shall exercise such powers and perform such duties as may be prescribed by the Statutes and the Ordinances.

(10) If at any time upon representation made or otherwise, it appears to the Visitor that the Vice-Chancellor:-

(a) has made default in performing any duty imposed on him by or under this Act; or

(b) has acted in a manner prejudicial to the interest of the Private University; or

(c) is incapable of managing the affairs of the Private University, the Visitor may notwithstanding the fact that the term of office of Vice Chancellor has not expired, by an order, in writing, stating the reasons therein, require Vice-Chancellor to relinquish his office as from such date as may be specified in the order.

(11) No order under sub-section (10) shall be passed unless the particulars of the grounds on which such action is proposed to be taken are communicated to the Vice-Chancellor and he is given reasonable opportunity of showing cause against the proposed order.

(12) As from the date specified in the order under sub-section (10), Vice-Chancellor shall be deemed to have relinquished the office and the office of Vice-Chancellor shall fall vacant.

Section 19. Registrar.

(1) The appointment of the Registrar shall be made by the Governing Body on the recommendation of the experts committee constituted for the purpose, as prescribed by the Statutes. The Registrar shall possess the qualifications prescribed by the University Grants Commission. However, the first Registrar shall be appointed by the sponsoring body for a period of 2 years.

(2) All contracts shall be signed, and all documents and records shall be authenticated by the Registrar on behalf of the Private 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.

(5) If at any time upon representation made or otherwise, and after making such inquiry as may be deemed necessary, the situation so warrants that the continuance of the Registrar is not in the interest of the Private University, the Vice-Chancellor may request the Chancellor, in writing stating the reasons therein, for the removal of the Registrar:

Provided that before taking an action under this sub-section, the Registrar shall be given an opportunity of being heard.

Section 20. Deans and Directors.

Every Dean and every Director shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed.

Section 21. Chief Finance and Accounts Officer.

(1) The appointment of the Chief Finance and Accounts Officer shall be made by the Chancellor 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.

Section 22. Controller of Examinations.

(1) The Controller of Examinations shall be a whole-time officer of the Private University appointed for such period and on such terms and conditions as may be prescribed.

(2) The Controller of Examinations shall exercise such powers and perform such duties as may be prescribed.

Section 23. Other Officers.

The manner of appointment and powers and duties of the other officers of a Private University shall be such as may be prescribed.

Section 24. Authorities of Private University.

(1) The following shall be the authorities of the Private University, namely.

(a) The Governing Body;

(b) The Board of Management;

(d) Finance Committee;

(e) Planning Board; and

(f) Board of Faculties, Admission Committee, Examination Committee &such other authorities as may be created by the Statutes shall be the authorities of the Private University.

(2) The term of the nominated members of the Governing Body and the Board of Management shall be three years. No nominated member shall be nominated for more than two consecutive terms.

Section 25. The Governing Body.

(1) The Governing Body of the university shall consist of the following, namely.

(a) the Chancellor;

(b) the Vice-Chancellor;

(d) three distinguished persons nominated by the Visitor out of a panel of six names submitted by the Government; and

(e) one representative of the Government, not below the rank of Deputy Secretary.

(2) The Chancellor shall be the ex-officio Chairman of the Governing Body.

(3) The Governing Body shall be the highest authority of the university. All the movable and immovable property of the university shall vest in the Governing Body. It shall have following powers, namely.

(a) to provide general superintendence and directions and to control functioning of the Private University by using all such powers as are provided by this Act or the Statutes, Ordinances or Regulations made thereunder;

(b) to review the decisions of other authorities of the Private University in case the yare not in conformity with the provisions of this Act, or the Statutes, Ordinances or Regulations made thereunder;

(d) to lay down the policies to be followed by the Private University;

(e) to recommend to the sponsoring body about the voluntary liquidation of the Private University if a situation arises when smooth functioning of the Private University is not possible; and

(f) such other powers as may be prescribed by the Statutes.

(4) The Governing Body shall meet at least three times in a calendar year.

(5) The quorum for meetings of the Governing Body shall be five (5).

Section 26. The Board of Management.

(1) The Board of Management shall consist of the following members, namely.

(a) the Vice-Chancellor;

(b) two representatives nominated by the sponsoring body;

(d) two senior most professors of the Private University by rotation; and

(e) two senior most teachers of the Private University, other than in sub-section (1)(d), by rotation.

(2) The Vice-Chancellor shall be the ex-officio 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 at least once in every two months.

(5) The quorum for meetings of the Board of Management shall be five (5).

Section 27. The Academic Council.

(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 Private University and shall, subject to the provisions of this Act, Statutes, Ordinances and Regulation, coordinate and exercise general supervision over the academic policies of the Private University.

(4) The quorum for meetings of the Academic Council shall be such as may be prescribed by the Statutes.

Section 28. Finance Committee.

(1) The Finance Committee shall be the principal financial body of a Private University to take care of the financial matters.

(2) The constitution of the Finance Committee, the term of office of its members and its powers and functions shall be such as may be prescribed in the statutes.

Section 29. Planning Board.

(1) The Planning Board shall be the principal planning body of a Private University. The Planning Board shall ensure that the infrastructure and academic support system meets the norms prescribed by the regulatory bodies.

(2) The constitution of the Planning Board, the term of office of its members and its powers and functions shall be such as may be prescribed in the statutes.

Section 30. Board of Faculties, Admission Committee, Examination Committee and other Authorities of Private University.

The constitution, powers and functions of the Boards of Faculties, the Admission Committee, the Examination Committee and of such other authorities of a Private University shall be as prescribed in the statutes.

Section 31. Power to make Statutes.

(1) The Board of Management shall make the statutes for carrying out the purposes of this Act, subject to the approval of the Governing Body.

(2) Subject to the provisions of this Act, the statutes may provide for all or any of the following matters, namely:-

(a) the constitution, powers and functions of the authorities of the Private University, as may be constituted from time to time;

(b) the appointment and continuance in office of the members of the said authorities, filling up of vacancies of members and all other matters relating to those authorities for which it may be necessary to provide;

(d) the appointment of teachers of the Private University and other academic and administrative staff and their emoluments;

(e) the appointment of teachers and other academic and administrative staff working in the Private University or Institution for specific period for undertaking a joint project;

(f) the conditions of service of employees including provisions for retirement benefits, insurance and provident fund, the manner of termination of service and disciplinary actions;

(g) the principles governing seniority of service of employees;

(h) the procedure for settlement of disputes between employees or students and the Private University;

(i) the procedure for appeal to the Board of Management by any employee or students against the action of any officer or other authority of the Private University;

(j) the conferment of honorary degrees;

(k) the withdrawal of degree, diploma, certificate and other academic distinction;

(l) the institution of fellowships, scholarships, studentships, medals and prizes;

(m) the maintenance of discipline among the students;

(n) the establishment and abolition of Department, Centres and other institutions;

(o) the delegation of powers vested in the authorities or officers of the Private University; and

(p) all other matters, which may by this Act are to be or may be prescribed.

(3) The Board of Management shall not make, amend or repeal any statute affecting the powers or constitution of any authority of the Private University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Board of Management.

(4) The first Statutes as above shall be submitted to the Government for information within six (6) months of incorporation of the University.

Section 32. Statutes, how to be made.

(1) The Board of Management may, from time to time, make statutes and amend or repeal the statutes in the manner hereinafter provided in this section.

(2) A statute or an amendment to, or repeal of, a statute passed by the Board of Management shall be submitted to the Governing Body who may assent thereto or withhold its assent. A statute or an amendment to, or repeal of, a statute passed by the Board of Management shall have no validity unless it has been assented to by the Governing Body. A copy of the statutes shall be sent to the Government for information.

Section 33. Power to make Ordinances and Regulations.

Subject to the provisions of this Act and the statutes, the ordinances and the Regulations shall be made by the Board of Management, subject to the approval of the Governing Body, which may provide for all or any of the following matters, namely:-

(1) the admission of students to the Private University and their enrolment.

(2) the courses of study to be laid down for all degrees, diplomas and certificates of the Private University.

(3) the medium of instruction and examination.

(4) the award of degree, diploma, certificate and other academic distinctions, the qualification for the same and the matters to be taken relating to the granting and obtaining of the same.

(5) the fees to be charged for courses of study in the Private University and for admission to the examinations, degrees, diplomas and certificates of the Private University.

(6) the conditions for the award of fellowships, scholarships, studentships, medals and prizes.

(7) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators.

(8) the conditions of residence of the students of the Private University.

(9) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and prescribing of special courses of studies for them within the Private University.

(10) the appointment and emoluments of employees other than those for whom provision has been made in the statutes.

(11) the establishment of Centre of Studies, Boards of Studies, Interdisciplinary Studies, Special Centres, Specialised Laboratories and other Committee.

(12) the manner of co-operation and collaboration with other Universities and authorities including learned bodies or association.

(13) the creation, composition and functions of any other body which is considered necessary for improving the academic mileage of the Private University.

(14) the remuneration to be paid to the examiners, moderators, invigilators and tabulators.

(15) such other terms and conditions of service of teachers and other academic staff as are not prescribed by the statutes.

Section 34. Ordinances and Regulations, how to be made.

(1) In making ordinances and regulations, the Board of Management shall consult the Governing Body.

(2) All ordinances and regulations made by the Board of Management shall have effect from such date as it may direct.

Section 35. Annual Report.

(1) The annual report of a Private University shall be prepared under the direction of the Board of Management and shall be submitted to the Governing Body on or after such date as may be prescribed and the Governing Body shall consider the report in its annual meeting. A section of the annual report should consist of self-disclosures by the Private University for compliances met with the provisions under this Act in the reporting period.

(2) Post approval from the Governing Body, the Board of Management shall upload the annual report on its official website and share a copy of the same to the State Government.

Section 36. Annual Accounts.

(1) The annual accounts and balance sheet of a Private University shall be prepared under the directions of the Board of Management and shall, once at least every year and at intervals of not more than fifteen months, be audited by an external, experienced and qualified firm of Chartered Accountant eligible for conducting audit as per the provisions of the Chartered Accountant Act, 1949 (Central Act XXXVIII of 1949).

(2) A copy of the annual accounts, together with the audit report thereon, shall be submitted to the Governing Body along with the observations of the Board of Management for their approval.

Section 37. Conditions of service of employees.

(1) Every employee of a Private University shall be appointed or engaged as per the provisions of the statutes. The recruitment of teaching and non-teaching staff to be done in as per Section 4(5) of this Act.

(2) Any dispute arising between a Private University and any of the employee appointed substantively, shall be referred to the Vice-Chancellor who shall decide the dispute after affording an opportunity to the employee within three months from the date of its reference.

(3) The aggrieved employee may file an appeal against the decision of the Vice-Chancellor to the Chancellor. The decision of the Chancellor in such an appeal shall be final.

(4) Any dispute in respect of any employee engaged temporarily or on ad-hoc or part-time or casual basis shall be heard and decided finally by the Head of the Department concerned.

Section 38. Admission to Private University Courses and Examinations.

(1) No person shall be admitted to a course of study in a Private University for admission to the examinations for degrees, titles or diplomas of the Private University unless s/he : -

(a) has passed the examination prescribed therefore; and

(b) fulfills such other academic conditions as may be prescribed.

(2) Every candidate for a Private University examination shall, unless exempted from the provisions of this sub-section by a special order of the Board of Management made on the recommendation of the Academic Council, be enrolled as a member of the Private University. Any such exemption may be made subject to such conditions as the Board of Management may think fit.

(3) No candidate shall be admitted to any Private University examination unless he is enrolled as a member of the Private University and has satisfied the requirements as to the attendance required for the same or unless he is exempted from such requirements of enrolment or attendance or both by an order of the Board of Management passed on the recommendation of the Academic Council. Exemptions granted under this section shall be subject to such conditions as the Board of Management may think fit.

(4) Any student or candidate for an examination, whose name has been removed from the rolls of the Private University by the orders or recommendation of the Academic Council or Controller of Examinations, as the case may be, and who has been debarred from appearing at the examinations for more than one year, may within ten days of the date of receipt of such order, appeal to the Vice-Chancellor.

(5) Any decision taken by the Vice-Chancellor in this regard shall be final.

Section 39. Employees provident fund and pensions.

A Private University may constitute for the benefit of its employees such pension or welfare schemes or provident fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be decided by the Board of Management.

Section 40. Disputes as to the constitution of Authorities and bodies.

If any question arises as to whether any person has been duly nominated or appointed as or is entitled to be a member of any authority or other body of a Private University, the matter shall be referred to the Chancellor whose decision thereon shall be final.

Section 41. Constitution of Committees.

Where any authority of a Private University is given power under this Act or the statutes to constitute Committees, such Committees shall as otherwise provided, consist of the members of the authority concerned and of such other persons as the authority in each case may think fit.

Section 42. Filling up of the vacancies.

All vacancies among the members of any authority or other body of a Private University shall be filled as soon as may be convenient by the person or body who appointed or nominated the members whose place has become vacant for the remaining term for which he has been appointed or nominated.

Section 43. Proceedings of Private University authorities and bodies not to be invalidated by vacancies.

No act or proceeding of any authority or other body of a Private University shall be invalidated merely by reason of the existence of a vacancy or of any defect or irregularity in the nomination of a member of any authority or other body of the Private University or of any defect or irregularity in such act or proceeding not affecting the merits of the case or on the ground that the authority or other body of the Private University, did not meet at such intervals as required under this Act.

Section 44. Removal from membership of Private University.

(1) The Board of Management may, remove by an order in writing made in this behalf, any person from membership of any authority of the Private University by a resolution passed by a majority of the total members of the Board of Management and by a majority of not less than two-thirds of the members of the Board of Management present and voting at the meeting, if such person has been convicted by the Court for an offence which in the opinion of the Board of Management involves moral turpitude.

(2) The Board of Management may also by an order in writing made in this behalf remove any person from the membership of any authority of the Private University if he becomes of unsound mind or has been adjudicated as an insolvent.

(3) No action under this section shall be taken against any person unless he has been given a reasonable opportunity to show cause against the action proposed to be taken.

(4) A copy of every order made under sub-section (1) or sub-section (2), as the case may be, shall, as soon as may be after it is so made, be communicated to the person concerned in the manner prescribed.

Section 45. Mode of proof of Private University records.

A copy of any receipt, application, notice, proceeding, resolution of any authority or Committee of a Private University or other documents in possession of the Private University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, applications, notice, order, proceeding or resolution, documents or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein where the original would, if produced havebeen admissible in evidence.

Section 46. Permanent Endowment Fund.

(1) The sponsoring body shall establish a permanent endowment fund of Rs 10 Crore or 7 Crore as per the provisions under section-4(2).

(2) A Private University shall invest the permanent endowment fund in the form of Fixed Deposit Receipt of the amount as per section-46(1) in the form of Central/State government securities to be deposited in an interest bearing Personal Deposit Account (PDA)of the Government Treasury.

(3) A Private University may transfer any amount from the general fund or the development fund to the permanent endowment fund.

(4) A Private University may utilize the income from the permanent endowment fund for the development of infrastructures and not recurring expenditure of the University.

(5) Further a Private University must always maintain an amount as per section-46(1) in the permanent endowment fund.

Section 47. General Fund.

(1) Every Private University shall establish a general fund to which the following amount shall be credited, namely:-

(a) all fees which may be charged by the Private University;

(b) all sums received from any other source;

(d) all contributions made in this behalf by any other person or body which are not prohibited by any law for the time being in force.

(2) The moneys credited to the general fund shall be applied to meet all the recurring expenditures of the Private University.

Section 48. Development Fund.

(1) Every Private University shall also establish a development fund to which the following moneys shall be credited, namely:-

(a) development fees, which may be charged from students;

(b) all sums received from other sources for the purpose of the development of the Private University;

(d) all contributions made in this behalf by any other person or body which are not prohibited by any law for the time being in force; and

(e) all incomes received from the permanent endowment fund.

(2) The moneys credited to the development fund from time to time shall be utilized for the development of the Private University.

Section 49. Maintenance of Fund.

The funds established under sections- 46, 47 and 48 shall subject to general supervision and control of the Governing Body, be regulated and maintained in such manner as may be prescribed.

Section 50. Power of Government to call for information and records.

(1) It shall be the duty of a Private University or any authority or officer of the Private University to furnish such information or records relating to the administration or finance and other affairs of the Private University as the Government may call for.

(2) The Government, if it is of the view that there is a violation of this Act or the statutes or ordinances made thereunder, may issue such directions to a Private University undersection-54 as it may deem necessary.

(3) It shall be the duty of the Private University to ensure the provision of all relevant data (electronic or otherwise) to the Government.

Section 51. Dissolution of Private University.

(1) If any Private University proposes its dissolution for any reason, it shall give at least six months written notice to the Government. This written notice shall be six months before the passing of the last batch.

(2) On receipt of notice referred to in sub-section (1), the Government shall make such arrangement for administration of the Private University from the date of dissolution of the Private University and until the last batch of students in regular courses of studies of the Private University complete their courses of studies in such manner as may be prescribed. The name and details of such dissolved Private Universities will be included in Schedule IV (List of the Private Universities dissolved after the enactment of The Jharkhand Private Universities Act, 2024).

(3) Anything mentioned in sub-sections (1) and (2) shall not be in contravention to (4)e & (4)(f) of section 8. Further nothing mentioned in sub-sections (1) and (2) shall indemnify the Private University from the provisions (4)e & (4)(f) of section 8 and section 9(5)(a) of this Act.

Section 52. Expenditure of Private University during dissolution.

(1) The expenditure for administration of a Private University during the process of its dissolution under section-51, shall be met out from the permanent endowment fund, the general fund and the development fund.

(2) If the funds referred to in sub-section (1) are not sufficient to meet the expenditure of the Private University, such expenditure may be met by disposing of the properties or assets of the Private University by the Government.

Section 53. De-recognition of Private University by the Government.

(1) Where the Government receives a complaint with material and substantial allegation that any Private University is not functioning in accordance with the provisions of this Act, it shall require the Private University to show cause within such time, which shall not be less than two months referring a copy of the complaint as to why the Private University should not be de-recognised.

(2) If, upon receipt of the reply of the Private University to the notice given under sub-section(1), the Government is satisfied that a prima facie case of mismanagement or violation of the provisions of this Act in the functioning of the Private University is made out, it shall order such inquiry as it deems necessary.

(3) For the purposes of an inquiry under sub-section (2), the Government shall by notification, appoint an officer or authority as the inquiring authority to enquire into the allegations of violation of the provisions of this Act.

(4) Every inquiring authority appointed under sub-section (3) shall while performing its functions under this Act have all the powers of Civil Court under the Code of Civil Procedure, 1908 (Central Act V of 1908) trying a suit and in particular in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any witness and examining him on oath;

(b) requiring the discovery and production of any document;

(d) receiving evidence on affidavits; and

(e) any other matter which may be prescribed.

(5) The inquiring authority upon establishing the quantum of violations by the Private University, shall have the power to categorize the violation such as- minor, major or gross violation and submit its inquiry report to the Government within a period 03 months from his/her appointment. The Scrutiny Committee, the Honble Departmental Minister and the Government will be the authority to take decision on the minor, major and gross violation respectively.

(6) On receipt of inquiry report as mentioned in sub section (5) of this section, the Government may provide an opportunity to the Private University to submit its representation on the findings of the inquiry report within a period of 15 days from the issuance of communication/notification from the Government.

(7) The Government, if satisfied, that the Private University has violated any provisions of this Act, it shall direct the Private University to make necessary improvement and suggestfor proper implementation of the provisions of this Act.

(8) If it is observed that the Private University fails to make necessary improvements as mentioned in sub-section (7) of this section and is violating the Act continuously leading to a situation of financial mismanagement and maladministration in the Private University which threatens the academic standards of the Private University, the government may deem the Private University as derecognized and include the name of the Private University in Schedule V(List of the Private Universities derecognized after the enactment of The Jharkhand Private Universities Act, 2024) and appoint an administrator to facilitate the functioning of the Private University.

(9) The administrator appointed under sub-section (8) shall exercise all the powers and perform all the duties of the Governing Body under this Act and shall administer the affairs of the Private University until the last batch of the students of the regular courses have completed their courses or syllabus and they have been awarded with degrees, diplomas or other academic distinctions, as the case may be.

(10) After having been awarded the degrees, diplomas or academic distinctions, as the case may be, to the last batch of the students of the regular courses, the administrator shall make a report to that effect to the Government.

(11) On receipt of the report under sub-section (10), the Government after due consideration, continue the functioning of the Private University by vesting the powers of the Governing Body in any other sponsoring body having similar objectives (in case the Private University has been derecognized within 15 years of commencement), or may with theprior approval of the University Grants Commission and other regulatory bodies concerned, de-recognize the Private University.

(12) During the process of de-recognition under sub-section (11), the Government may utilize the permanent endowment fund, the general fund or the development fund for the purpose of the management of the affairs of the Private University. If the funds of the Private University are not sufficient to meet the requisite expenditure of the Private University, the Government may dispose of the assets or the properties of the Private University to meet the said expenses.

Section 54. Power of the Government to issue directions on policy matters to Private University.

The Government may issue such directions, from time to time, to a Private University on policy matters not inconsistent with the provisions of this Act as it may deem necessary. Such directions shall be complied with by the Private University.

Section 55. Status of assets and liabilities on dissolution or de-recognition.

(1) All assets, properties and liabilities of the private university including the permanent endowment fund, general fund, development fund or any other fund shall belong to the sponsoring body, provided that the private university is dissolved or de-recognized after fifteen years from the date of its commencement subject to conditions mentioned in section-51, 52 and 53.

(2) Nothing mentioned in sub-section (1) shall indemnify the sponsoring body from the provisions of sub-section (4)(e) of section 8 & sub-section-(4)(f) of section-8, sub-section (12) of Section 53 and sub-section (5)(a) of section 9.

Section 56. Powers of the Government to make rules.

(1) The Government may, by notification, make rules to carry out all or any of the purposes of this Act.

(2) Every rule made, or notification issued under this Act shall be published in the state Gazette.

Section 57. Power to remove difficulties.

If any difficulty arises as to the constitution or reconstitution of any authority of any Private University or in giving effect to the provisions of this Act, the Government may, by notification, make such provision, not inconsistent with the provisions of this Act, as may appear to them to be necessary or expedient for removing the difficulty.

Section 58. Automation and Transparency.

The Private University must either develop its own ERP systems (covering but not limited to Admission Management, HR Management, Examination Management, Financial Management, Procurement Management etc.) or get on boarded on an ERP portal recommended by the State, to bring about transparency. The Private University must also ensure compliance to getting on boarded on State created portals and IT tools like Learning Management Systems (LMS) etc. and provide any data required for setting up of statewide management information systems for higher education. In case, a Private University opt to get on boarded on the State recommended ERP and LMS, the University shall have to bear the cost as decided by the Government. This shall enable the state to create a centralized repository of data to facilitate flexibility in learning, credit transfers, management of student databases etc.

Section 59. Disputes to be settled in a Court in Jharkhand.

All disputes arising as a result of the provisions made in this Act shall be settled by a Court of law in the State of Jharkhand.

Section 60. Repeal and Savings.

(1) All the Acts enumerated in the Schedule I (List of the Acts to be repealed after the enactment of The Jharkhand Private Universities Act, 2024) appended to this Act shall stand repealed on the commencement of this Act.

(2) All the provisions of The Jharkhand Private University Act, 2024 shall be applicable to the Private Universities as mentioned in Schedule II (List of the Private Universities before the enactment of The Jharkhand Private Universities Act, 2024) except for the provision of land, infrastructure and endowment fund. The provisions concerning land, infrastructure and endowment fund within the prevailing Acts enumerated in Schedule I shall be saved and remain enforceable notwithstanding the repealing of the said Acts except for those Private Universities whose repealed Acts do not have specific provisions for land and infrastructure. The provision of land and infrastructure as mentioned in Section 4 of this Act will be applicable for those Private Universities whose repealed Acts did not have specific provisions for land and infrastructure.

(3) Notwithstanding the repeal of the Acts enumerated in the Schedule I as mentioned in subsection (1), all the decisions made, acts performed, rights and liabilities created and exhausted by the Universities established under the repealed Acts shall be deemed to be valid under this Act.

(4) The Universities incorporated into this Act shall modify their rules, statues, regulations and other provisions applicable thereto except those as mentioned in sub-section (2) of this section, under their respective repealed Acts, to bring them in conformity with the provisions of this Act within a period of three years from the date of commencement of this Act. Further, the existing Private Universities enumerated as per their respective repealed Act as mentioned in Schedule I, need to comply with the provisions of land, infrastructure and endowment fund as per their respective repealed Act within a period of three years from the date of enactment of The Jharkhand Private Universities Act, 2024.

(5) The Government shall issue the Letter of Adherence (Annexure-5) to the Universities as mentioned in the Schedule II (List of the Private Universities before the enactment of The Jharkhand Private Universities Act, 2024) instructing them to comply with the conditions as mentioned in sub-section (2), (4) & (6) of this section.

(6) The Universities, within thirty (30) days of the issuance of the Letter of Adherence (Annexure-5), shall submit a security deposit in the form of a Bank Guarantee (BG) of Rs. 1 Crore valid for a period of five (5) years or sixteen (16) years minus number of years of existence, whichever is higher.

(7) The Universities shall submit a compliance report, within three years from the issuance of the Letter of Adherence along with an affidavit and the necessary documents to the Government with respect to the conditions and timelines mentioned in sub-section (2), (4)& (6) of this section.

(8) The Government, if satisfied, after the verification of the compliance report, shall issue a letter of approval (LoA) as per Annexure-6 through the Scrutiny Committee for the existing Universities, within sixty (60) days of the submission of the compliance report.

(9) If the Scrutiny Committee reports to the Government that the existing Universities are not fully compliant to any of the conditions as mentioned in sub-section (2), (4) & (6) of this section; the Government may consider such cases and may take appropriate actions as it deems fit.

(10) The Universities shall keep functioning as usual and keep carrying out its regular academic work and operations during the period from the issuance of the notification of The Jharkhand Private Universities Act, 2024 till the issuance of Letter of Approval.

Schedule-I

List of the Acts to be repealed (after the enactment of The Jharkhand Private Universities Act, 2024)

Sl. No.	Details of the Act	Name of the University	Name of the Sponso ring Body
1	The Institute of Chartered Financial Analysts of India University Act, 2006 (Jharkhand Act, 08 of 2007) Notification dated 27.07.2012	The Institute of Chartered Financial Analysts of India University, Ranchi.	The Institute of Chartered Financial Analysts of India, Andhra Pradesh
2	Jharkhand Rai University, Jharkhand Act, 2011 (Jharkhand Act, 03 of 2012) Notification dated 30.01.2012 Jharkhand Rai University (Amendment) Jharkhand Act, 2018 (Jharkhand Act 05 of 2019) Notification dated 07.02.2019	Jharkhand Rai University, Ranchi, Jharkhand	Rai Business School, New Delhi
3	Sai Nath University, Jharkhand Act, 2012 (Jharkhand Act, 15 of 2012) Notification dated 31.03.2012 Sai Nath University, (Amendment) Act, 2018 (Jharkhand Act, 17 of 2018) Notification dated 26.10.2018	Sai Nath University, Jharkhand	Sai Nath University Trust, Agra
4	The Usha Martin University, Jharkhand Act, 2012 Notification dated 04.02.2013 The Usha Martin University (Amendment) Jharkhand Act, 2018 (Jharkhand Act, 18 of 2018) Notification dated 26.10.2018	Usha Martin University, Jharkhand	Usha Martin University Foundation, R.N. Mukherjee Road, Kolkata
5	Amity University Act, 2016 (Jharkhand Act, 13 of 2016) Notification dated 13.05.2016	Amity University, Ranchi, Jharkhand	Ritnand Balved Education Foundation AKC House, E-27, Defense Colony, Ring Road, New Delhi-110024
6	The AISECT University Act, 2016 (Jharkhand Act, 12 of 2016) Notification dated 13.05.2016	AISECT University, Hazaribagh, Jharkhand	AISECT Scope Campus, NH12, Bhaironpur (Near Misrod), Hoshangabad Road, Bhopal (M.P.)
7	The Sarla Birla University Act, 2017 (Jharkhand Act, 13 of 2017) Notification dated 04.07.2017	Sarla Birla University, Ranchi, Jharkhand	Bharat Arogya And GyanMandir, Birla Campus, Vill.- Ara, P.O.- Mahilong, Ranchi- Puruliya Highway, Ranchi- 835 103
8	The Y.B.N. University Act, 2017 (Jharkhand Act, 15 of 2017) Notification dated 04.07.2017	Y.B.N. University, Ranchi, Jharkhand	Tribal Social Welfare Society, Panchwati, South Railway Colony, Chutia, Ranchi-1
9	The Arka Jain University Act, 2017 (Jharkhand Act, 14 of 2017) Notification dated 04.07.2017	Arka Jain University, Gamharia, SaraikelaKharsawan, Jharkhand	The Arka Educational and Cultural Trust(The JGI Group) Head Office- 091/2Dr. A. N. Krishna Rao Road, V. V. Puram, Banglore-560004, Regional Head Office- D-28, Danish Arcade, Opp. Asian Inn Hotel, Dhatkidih, P.S-Bistupur, Jamshedpur-831001
10	The Capital University Act, 2018 (Jharkhand Act, 13 of 2018) Notification dated 11.10.2018	Capital University, Koderma, Jharkhand	Ch. Charan Singh Educational Society, South Extension-I, New Delhi-110049
11	The Ramkrishna Dharmarth Foundation (RKDF) University Act, 2018 (Jharkhand Act, 22 of 2018) Notification dated 06.12.2018	Ramkrishna Dharmarth Foundation (RKDF) University, Ranchi, Jharkhand	Ayushmati Education and Social Society, Corporate Office: 202, Zone-1, Ganga Jamuna Complex, M.P. Nagar, Bhopal
12	The Netaji Subhash University Act, 2018 (Jharkhand Act, 11 of 2018) Notification dated 19.09.2018	Netaji Subhash University, Jamshedpur, Jharkhand	Sitwanto Devi Mahila Kalyan Sansthan, Suraj Path, Baridih, East Singbhum, Pokhari, Jamshedpur
13	The Radha Govind University Act, 2018 (Jharkhand Act, 14 of 2018) Notification dated 11.09.2018	Radha Govind University, Koderma, Jharkhand	Radha Govind Shiksha Swasthya Trust, Ramgarh, Goushala Road, Vikash Nagar, Ramgarh
14	The Ramchandra Chandravanshi University Act, 2018 (Jharkhand Act, 10 of 2018) Notification dated 19.09.2018	Ramchandra Chandravanshi University, Palamu, Jharkhand	Ramchandra Chandravansi Welfare Trust, Ratu Road, Ranchi, Astha Regency, Flat No. 15, Triplex, 12A/2007-08
15	The Srinath University Act, 2021 (Jharkhand Act, 07 of 2021) Notification dated 03.09.2021	Srinath University, Jamshedpur, Jharkhand	Sandhya Shambhu Educational Trust, 112, 1st Floor, Ashiana Trade Centre, Adityapur, Jamshedput-831013
16	The Azim Premji University Act, 2022 (Jharkhand Act, 09 of 2022) Notification dated 22.09.2022	Azim Premji University, Ranchi, Jharkhand	Azim Premji Foundation for Development #134, Doddakannelli, Next to Wipro Corporate Office, Sarjapur Road, Bengaluru – 560 035
17	The Sona Devi University Act, 2022 (Jharkhand Act, 05 of 2023) Notification dated 17.02.2023	Sona Devi University, Ghatshila, Jharkhand	Sona Devi Memorial Educational Foundation Trust, Kitadih, Ghatshila, East Singhbhum, Jharkhand-832303
18	Babu Dinesh Singh University Act, 2022 (Jharkhand Act, 06 of 2023) Notification Dated 17.02.2023	Babu Dinesh Singh University, Garhwa, Jharkhand	Vananchal Educational and Welfare Trust, Aptech Building, S.D.O Road, Near F.C.I. Godown, Hajipur844101
19	Durga Soren University Act, 2023 (Jharkhand Act, 09 of 2023) Notification Dated 02.06.2023	Durga Soren University, Deoghar, Jharkhand	Shivam Trust, Bompass Town, B. Deoghar-814114

Schedule-II

List of the Private Universities before the enactment of The Jharkhand Private Universities Act, 2024 (falling under the ambit of this Act)

Sl. No.	Name of the University	Name of the Sponsoring Body
1	The Institute of Chartered Financial Analysts of India University, Ranchi.	The Institute of Chartered Financial Analysts of India, Andhra Pradesh
2	Jharkhand Rai University, Ranchi, Jharkhand	Rai Business School, New Delhi
3	Sai Nath University, Jharkhand	Sai Nath University Trust, Agra
4	Usha Martin University, Jharkhand	Usha Martin University Foundation, R.N. Mukherjee Road, Kolkata
5	Amity University, Ranchi, Jharkhand	Ritnand Balved Education Foundation AKC House, E-27, Defense Colony, Ring Road, New Delhi-110024
6	AISECT University, Hazaribagh, Jharkhand	AISECT Scope Campus, NH-12, Bhaironpur (Near Misrod), Hoshangabad Road, Bhopal (M.P.)
7	Sarla Birla University, Ranchi, Jharkhand	Bharat Arogya And GyanMandir, Birla Campus, Vill.- Ara, P.O.- Mahilong, Ranchi- Puruliya Highway, Ranchi- 835 103
8	Y.B.N.University, Ranchi, Jharkhand	Tribal Social Welfare Society, Panchwati, South Railway Colony, Chutia, Ranchi-1
9	Arka Jain University, Gamharia, Saraikela- Kharsawan, Jharkhand	The Arka Educational and Cultural Trust(The JGI Group) Head Office- 091/2Dr. A. N. Krishna Rao Road, V. V. Puram, Banglore-560004, Regional Head Office- D-28, Danish Arcade, Opp. Asian Inn Hotel, Dhatkidih, P.S-Bistupur, Jamshedpur-831001
10	Capital University, Koderma, Jharkhand	Ch. Charan Singh Educational Society, South Extension-I, New Delhi-110049
11	Ramkrishna Dharmarth Foundation (RKDF) University, Ranchi, Jharkhand	Ayushmati Education and Social Society, Corporate Office: 202, Zone-1, Ganga Jamuna Complex, M.P. Nagar, Bhopal,
12	Netaji Subhash University, Jamshedpur, Jharkhand	Sitwanto Devi Mahila Kalyan Sansthan, Suraj Path, Baridih, East Singbhum, Pokhari, Jamshedpur
13	Radha Govind University, Ramgarh Jharkhand	Radha Govind Shiksha Swasthya Trust, Ramgarh, Goushala Road, Vikash Nagar, Ramgarh
14	Ramchandra Chandravanshi University, Palamu, Jharkhand	Ramchandra Chandravansi Welfare Trust, Ratu Road, Ranchi, Astha Regency, Flat No.15, Triplex, 12A/2007-08
15	Srinath University, Jamshedpur, Jharkhand	Sandhya Shambhu Educational Trust,112, 1st Floor, Ashiana Trade Centre, Adityapur, Jamshedput-831013
16	Azim Premji University, Ranchi, Jharkhand	Azim Premji Foundation for Development #134, Doddakannelli, Next to Wipro Corporate Office, SarjapurRoad, Bengaluru – 560 035
17	Sona Devi University, Ghatshila, Jharkhand	Sona Devi Memorial Educational Foundation Trust, Kitadih, Ghatshila, East Singhbhum, Jharkhand-832303
18	Babu Dinesh Singh University, Garhwa, Jharkhand	Vananchal Educational and Welfare Trust, Aptech Building, S.D.O Road, Near F.C.I. Godown, Hajipur-844101
19	Durga Soren University, Deoghar, Jharkhand	Shivam Trust, Bompass Town, B. Deoghar-814114

Schedule-III

List of the new Private Universities established (after the enactment of The Jharkhand Private Universities Act, 2024)

Sl. No.	DetailsoftheAct	Name&Locationofthe University	NameoftheSponsoring Body
1
2
3
4

Schedule-IV

List of the Private Universities dissolved (after the enactment of The Jharkhand Private Universities Act, 2024)

Sl. No.	Details of the Act	Name & Location of the University	Name of the Sponsoring Body
1
2
3
4

Schedule-V

List of the Private Universities derecognized (after the enactment of The Jharkhand Private Universities Act, 2024)

Sl. No.	Details of the Act	Name & Location of the University	Name of the Sponsoring Body
1
2
3
4

Annexure-1

Checklist for Evaluation of Proposal Submitted by Sponsoring Body

Sl. No.	Supporting Document stobe submitted by Sponsoring Body (Applicant) stating	Tick()whichever Applicable			emarks,IfAny
Sl. No.		Yes	No	Not Applicable	emarks,IfAny
1	Thene cessity of establishment of the proposed Private University
2	Thede tailsof the sponsoring body along with copies of its registration certificate under (Choose one among 2a,2b and 2c)
2a.	The Indian Trusts Act,1882(Central Act 2of 1882) or
2b.	The Societies RegistrationAct, 1860 or
2c.	The Companies Act, 2013, (Central Act 13 of 2013)
2d.	Whe therminority (religiouso rlinguistics)
3	The trackrecord, experience, anddomain expertise in the proposed disciplines
4	Thename, location and headquarters of the proposed Private University
5	The objectives of the Private University
6	The availability of academic facilities including teaching and non-teaching staff, if any, at the disposal of the sponsoring body
7	The details of plans for campus development such as, construction of buildings, development of structural amenities and infrastru cturefa cilities and procure mentof equipment for starting the Private University
8	The phased out lay sofcapital expendi tureand its sources of finance
9	The nature, type of programmes and courses of study proposed to be undertaken by the Private University
9a	The research and innovation projects proposed to be under taken by the Private University
10	The nature of facilities proposed to be started by the Private University
11	The scheme of mobilizingr esources and the cost of capital thereto and the manner of repayment to such sources
12	The projected detailed financial statements and key operating ratios with a detailedbreak-upofsourcesofrevenuesgenerated internally
13	The system proposed to be followed for selecting students for admission to thecourses of study at the Private University
14	The system proposed for appointment of teachers and other employees in the Private University
15	The nature of specialized teaching, training, or research activities to be undertaken by the Private University including those related to the local needs, so as to fulfil its objects
16	The details of playgro unds and otherfacilities available or proposed to be created forgames and sports and extracurricular activities like National Cadet Corpsand National Service Scheme
17	The proposed approach and initial plans for academic and research excellence, including accreditations to be sought and academic auditing
18	The concessions or rebates in fee and scholarships, if any, to be granted by the Private University to the students from economically or socially backward families, including Scheduled Castes, Scheduled Tribes, other Backward Classes and differently abled students
19	The commitment to follow the norms of the regulatory bodies like UGC, AICTE, MCIetc.
20	Is applicantan existing privatee ducati onal institution (ifyes fillsub-sections 20a, 20b, 20c)
20a	Has the institution been approved by relevant statutory bodies/councils In addition, the institute must submit a NOC from the University in case it is already affiliated to a universit yatthe time of making the application
20b	Does the institution have approval for their academic programs from respective statutory bodies like UGC, AICTE, MCI, DCI, NCTE, BCI, INC etc
20c	Auditedaccountsreport
20d	Does the institution possess necessary acade micand physi calinfra struct ureas prescribed by the respective statutory/ regulatory bodies concerned

Annexure-2

Letter of Intent (LoI) for establishing new Private University in Jharkhand Letter No................

Government of Jharkhand

Department of Higher and Technical Education

Nepal House, Doranda, Ranchi, Jharkhand- 834002

From,

To,

Ranchi, Dated................

Subject: Letter of Intent (LoI) for establishing new Private University in Jharkhand

Sir/Madam,

As you are aware, the Government of Jharkhand has made The Jharkhand Universities Act, 2024 for the establishment and incorporation of Private Universities in the State of Jharkhand with a view to improve access to higher education in the State and to enhance the Gross Enrolment Ratio (GER) and also to improve the overall quality of higher education in Jharkhand by encouraging reputed educational institutions to set up new institutions in the State.

The basic idea is to promote, conceptualize and bring about a paradigm shift through development of outstanding leadership, research, knowledge and ideas for education and allied development sectors and also to provide world class higher educational institutions in the State.

Since you have applied and submitted your proposal and detailed project report to establish a Multidisciplinary Private University in Jharkhand and have tried considerably to comply with The Jharkhand Universities Act, 2024 as contained in Jharkhand Official Gazette, Extraordinary edition, No. ................Ranchi, day, dated ................ the Scrutiny Committee examined your abovementioned proposal and has submitted its report to the Government of Jharkhand in this regard.

As the Government is satisfied that it is advisable to establish a Private University in Jharkhand as per your proposal, this letter of intent (LoI) is hereby issued to you, and simultaneously, you are being directed to:

(n) possess contiguous land of not less than:

(iii) a minimum of 05 acres of land within municipal corporation limits; and

(iv) a minimum of 15 acres of land outside municipal corporation. sponsoring body must acquire the land as specified within a period of one year from the issue of this Letter of Intent (LoI).

(o) create a Permanent Endowment Fund as given below:

(iii) Rs 10 Crore for land possessed within municipal corporation limits; and

(iv) Rs 7 Crore for land possessed outside municipal corporation. Permanent endowment fund shall be invested in the form of Fixed Deposit Receipt of the amount as per section-46(1) of Central/State Government securities to be deposited in an interest bearing Personal Deposit Account (PDA) of the government treasury.

(p) construct on land at least 12000 Sq. m. of built up area for administrative and academic purpose including library, lecture theatre, auditorium, student resource centres, sports facilities and laboratories. Adequate residential accommodations for teachers, guest houses, hostels, should be constructed, which shall gradually be increased to accommodate at least 25% of student strength in each course within 3 years of existence.

The University should be built on the principles of a Green Campus which should be using energy efficient appliances and set up water harvesting facilities. In case University is conducting professionals program of study, prevailing norms and standards of UGC and respective statutory body shall be applicable.

(q) install equipment, computers, furniture, assets, infrastructural facilities other than building and other consumables and non-consumables as the norms prescribed by UGC and the respective statutory body.

(r) purchase of books, journals, periodicals and online resources as per the norms of UGC and the respective regulating bodies and give undertaking to invest within first three years not less than a sum of 50 Lakhs or as per the norms of UGC and the regulating bodies, whichever is higher, on books, journals, periodicals, online resources, computers, library networking, and other facilities to make the library facilities adequate for contemporary teaching and research.

(s) give undertaking to appoint at least one Professor, two Associate Professors and three Assistant Professors having prescribed qualifications by UGC and necessary supporting staff members in each department or discipline. At least seventy-five per cent of the regular teachers in each department/discipline shall be regular employees of the University.

(t) give undertaking for the reservation of non-teaching posts in the university for the persons domiciled in the State of Jharkhand to the extent of at least Seventy Five 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.

(u) give undertaking for establishment of provident fund and also to take up welfare programs for the employees of the University.

(v) fulfill 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.

(w) give undertaking not to dissolve the University before 15 years of its commencement and if the University is dissolved before 15 years of its commencement all the assets of the University without liabilities and free from all encumbrances shall vest with the Government.

(x) give undertaking that all the assets of the University without liabilities and free from all encumbrances will vest with the Government if the University is dissolved before a period of 15 years of its commencement or derecognized on account of the contravention of provisions of the Act, Rules, Statutes, Ordinances, Regulations, Directives of the Government, and other statutory bodies.

(y) submit a security deposit, within thirty (30) days of the issuance of this LoI, in the form of a Bank Guarantee (BG) of Rs 25 lakhs valid for a period of 6 years.

(z) In case an application is made by an existing educational institution for the status of Private University as per Section-6 (2) it shall comply to the conditions, application, and processes for establishment as mentioned under Section-3, Section-4, Section-5, Section6, Section-7 and Section- 8. Notwithstanding anything mentioned in the sections for conditions, application, and process of establishment, the existing institution shall continue to function as is basis their existing affiliation and approval till a period of four years after the issuance of Lo I or the passing of the last batch whichever is earlier, however on issuance of Lo I no new batches shall be admitted by the Institution If you agree to the conditions mentioned above, please take necessary actions and give required undertakings, so that the State Government can do the needful to take further actions in this regard.

Moreover, you are directed to submit a compliance report, within three years from the date of issue of this Lo I, to the State Government, along with an unambiguous affidavit, necessary documents to the effect that all conditions referred to as hereinabove in the Lo I have been fulfilled on your part, so that the State Government can verify the compliance report submitted by you and take further action in this regard.

Yours faithfully,

(Name)

Director, Higher Education

Annexure-3

Letter of Incorporation for incorporating new Private University in Jharkhand Letter No ................

Government of Jharkhand

Department of Higher and Technical Education

Nepal House, Doranda, Ranchi, Jharkhand- 834002

From,

To,

Ranchi, Dated................

Subject: Letter of Incorporation for incorporating new Private University in Jharkhand

Sir/Madam,

We are glad to inform you that the compliance report submitted by you with regard to the letter of intent (date, details of the letter) for establishment of a new Multidisciplinary Private University in Jharkhand, has been verified and accepted by the State Government. The State Government has published a notification in its Official Gazette (Date &details of the notification) allowing the University to be established under The Jharkhand Private Universities Act, 2024. The copy of the said notification is attached herewith.

As the State Government has issued notification, this letter of incorporation is hereby being issued to you, and simultaneously, you are being directed to:

(e) submit a security deposit in the form of a Bank Guarantee (BG) of Rs 1 Crore (valid for a period of 16 years) from the date of issuance of this Letter of Incorporation, which shall be invoked by the Government, in case of dissolution or de-recognition as stated in section-51, section-53, and (4)(e) of section-8 and (4)(f) of section-8 of the respectively of The Jharkhand Private Universities Act, 2024.

(f) make an application to University Grants Commission to enlist the newly incorporated University in the UGC List of Authorized Universities.

(g) The University must meet the norms, notification, regulations and guidelines as laid down by UGC from time to time, offer all academic and non-formal courses as per UGC guidelines on the same, adhere to the nomenclature of degrees and programs as specified under the UGC Act and set up statutes, regulations, rules and authorities like The Governing Body, The Board of Management, The Academic Council, Finance Committee and other Committees and Boards to deal with governance, academic, administration and financial issues;

(h) The University shall maintain standards, higher than the minimum, of instruction, academic and physical infrastructure, qualifications of teachers, etc. as prescribed for college level institutions by the Statutory/Regulatory body concerned, such as All India Council for Technical Education (AICTE), Medical Council of India (MCI),Dental Council of India (DCI), National Council for Teachers Education(NCTE), Bar Council of India (BCI), Indian Nursing Council (INC), etc. and shall obtain their approval for running various programs of study as applicable.

You are required to fulfill the above conditions of the letter of incorporation, within a period of two (2) years from the date of issue of this letter of incorporation.

You are further directed to submit an affidavit to the Government, along with necessary documents to the effect that all the conditions mentioned in the letter of incorporation have been fulfilled on your part, so that the State Government can verify the affidavit and the report submitted by you and take further action in this regard.

Yours faithfully,

(Name)

Director, Higher Education

Annexure-4

Letter of Approval for Commencement of new Private University in Jharkhand Letter No................

Government of Jharkhand

Department of Higher and Technical Education

Nepal House, Doranda, Ranchi, Jharkhand- 834002

From,

To,

Ranchi, Dated................

Subject: Letter of Approval (LoA) for commencement of new Private University in

Jharkhand

Sir/Madam,

We are glad to inform you that the affidavit and the documents submitted by you with regard to the letter of incorporation issued to you (date, details of the letter) for incorporation of a new Multidisciplinary Private University in Jharkhand, has been verified and accepted by the State Government. Further, the State Government has already published a notification in its Official Gazette (Date & details of the notification) allowing the establishment of the University under The Jharkhand Private Universities Act, 2024. The copy of the said notification is attached herewith.

Now, this letter of approval is hereby being issued to you, for the commencement of the regular operations of the Private University from (effective date................)

We congratulate you for your commitment towards the quality improvement of the higher education in the State of Jharkhand. We trust that the University will align itself with the National Education Policy, 2020 and work towards meeting the stated objectives of the University following the norms, guidelines and regulations as laid by time to time by University Grants Commission (UGC) and other relevant statutory/regulatory bodies.

Please note that the Government may issue such directions, from time to time, to the Private University on policy matters not inconsistent with the provisions of the Jharkhand Private Universities Act, 2024 as it may deem necessary. Such directions shall be complied with by the Private University.

Yours faithfully,

(Name)

Director, Higher Education

Annexure-5

Letter of Adherence for existing Private University

Government of Jharkhand

Department of Higher and Technical Education

Nepal House, Doranda, Ranchi, Jharkhand-834002

From,

To,

Ranchi, Dated................

Subject: Letter of Adherence for the existing Private University

Sir/Madam,

We congratulate you for your commitment towards the quality improvement of the higher education in the State of Jharkhand. We trust that the University is aligning itself with the National Education Policy, 2020 and working continuously towards meeting the stated objectives of the University following the norms, guidelines and regulations as laid by time to time by University Grants Commission (UGC) and other relevant statutory/regulatory bodies.

As you are aware the State Government has enacted The Jharkhand Private Universities Act, 2024 (Date, details of the notification of the Act). This Act is meant to function as an umbrella Act to govern all the Private Universities under a common law. We wish to inform you that by virtue of the enactment of The Jharkhand Private Universities Act, 2024all the previous individual Private Universities Acts ratified before the enactment of The Jharkhand Private Universities Act, 2024stand repealed. However, please note that notwithstanding the repeal of the Acts as enumerated in the Schedule I of The Jharkhand Private Universities Act, 2024 (Listof the Acts and Universities to be repealed after the enactment of The Jharkhand Private Universities Act, 2024), all the decisions made, acts performed, rights and liabilities created and exhausted by the Universities established under the repealed Acts shall be deemed to be valid under newly enacted The Jharkhand Private Universities Act, 2024.

This letter of adherence is hereby being issued to you for your further action. You are requested to comply the following conditions as per the suggested timeline:

(d) submit a security deposit in the form of a Bank Guarantee (BG) of Rs 1 Crore, within thirty (30) days of the issuance of the Letter of Adherence, valid for a period of five (5) years or sixteen (16) years minus number of years of existence of the University, whichever is higher.

(e) modify the Statutes, Ordinances, Regulations and other Provisions applicable thereto under the respective repealed Acts, to bring them in conformity with the provisions of the newly enacted The Jharkhand Private Universities Act, 2024 within a period of three years from the date of commencement of this new Act.

(f) comply with the requirements of land, infrastructure and endowment fund as per its repealed Act under which the University has been enumerated as mentioned in Schedule.

I, within the period of three years from the date of commencement of this new Act.

You are further directed to submit a compliance report, within 3 years from the issuance of the Letter of Adherence to the Government, along with an affidavit and the necessary documents to the effect that the conditions mentioned above have been fulfilled on your part, so that the State Government can verify the report submitted by you and take further action in this regard.

Yours faithfully,

(Name)

Director, Higher Education

Annexure-6

Letter of Approval for the existing Private University Letter No................

Government of Jharkhand

Department of Higher and Technical Education

Nepal House, Doranda, Ranchi, Jharkhand- 834002

From,

To,

Ranchi, Dated................

Subject: Letter of Approval (LoA) for the existing Private University in Jharkhand

Sir/Madam,

We are glad to inform you that the compliance report, affidavit and the documents submitted by you with regard to the conditions of the letter of adherence i.e. the conditions mentioned in the section-60(3) & 60(5) of The Jharkhand Private Universities Act, 2024 for modification of the Statutes, Ordinances and Regulations applicable thereto under the respective repealed Act (name & details of the repealed Act), to bring them in conformity with the provisions of The Jharkhand Private Universities Act, 2024; has been verified and accepted by the State Government.

This letter of approval is hereby being issued to you, attesting that you have complied with the provisions of section-60(3) & 60(5) of The Jharkhand Private Universities Act, 2024.

Yours faithfully,

(Name)

Director, Higher Education