[Cites 0, Cited by 1]

State of Telangana - Act

Telangana State Private Universities (Establishment and Regulation) Act, 2018

TELENGANA
India

Telangana State Private Universities (Establishment and Regulation) Act, 2018

Act 11 of 2018

Published on 30 March 2018
Commenced on 30 March 2018
[This is the version of this document as it was from 19 September 2020 to None.]
[Note: The original publication document is not available and this content could not be verified.]

Telangana State Private Universities (Establishment and Regulation) Act, 2018(Act No. 11 of 2018)Last Updated 12th March, 2021[Dated 30th March, 2018]Received the assent of the Governor on the 29th March, 2018.An Act to provide for the establishment of private Universities in the State of Telangana with objects to provide qualitative, research oriented, industry relevant and world class higher education and to regulate their functions and for the matters connected therewith or incidental thereto.Be it enacted by the Legislature of the State of Telangana in the Sixty-ninth year of the Republic of India, as follows:-Chapter - I Preliminary

1. Short title, extent and commencement.

(1)This Act may be called the Telangana State Private Universities (Establishment and Regulation) Act, 2018.

(2)It extends to the whole of the State of Telangana.

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

2. Definitions.

- In this Act, unless the context otherwise requires,-

(a)"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 No.52 of 1987);

(b)"AIU" means, the Association of Indian Universities registered under the Societies Registration Act, 1860, (Central Act No.21 of 1860);

(c)"BCI" means the Bar Council of India established under the Advocates Act, 1961;

(d)"CSIR" means the Council of Scientific and Industrial Research, New Delhi, a funding agency of the Central Government;

(e)"DST" means the Department of Science and Technology of the Central Government;

(f)"Eminent Persons" means persons of impeccable integrity having outstanding knowledge and expertise in academics, scientific research and all other related subjects;

(g)"Expert Committee" means a Committee of eminent persons notified by the Government to promote, facilitate and assist in the establishment of new Private Universities in Telangana constituted under this Act;

(h)"Fee" means collection of amount made by the University from the students for different purposes under different heads and which is non-refundable;

(i)"Government" means the Government of Telangana;

(j)"Higher Education" means study of a curriculum or course for the pursuit of knowledge beyond 10+2 level;

(k)"Hostel" means a place of residence for the students of the University;

(I)"ICAR" means the Indian Council of Agricultural Research, a Society registered under the Societies Registration Act, 1860, (Central Act No. 21 of 1860);

(m)"MCI" means the Medical Council of India constituted under the Medical Council Act, 1956, (Central Act No. 102 of 1956);

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

(o)"NCTE" means the National Council for Teacher Education established under the National Council for Teacher Education Act, 1993, (Central Act No. 73 of 1993);

(p)"Notification" means the Notification published in the Telangana Gazette and the word 'notified' shall be construed accordingly;

(q)"PCI" means the Pharmacy Council of India constituted under section 4 of the Pharmacy Act, 1948, (Central Act No. 8 of 1948);

(r)"Prescribed" means prescribed by the rules made under this Act;

(s)"Regulatory Body" means a body established by the Central Government, for laying down the norms and conditions for ensuring academic standards of Higher Education, such as UGC, AICTE, NCTE, DBT, DST,BCI, MCI, PCI, NAAC, ICAR, DEC and CSIR;

(t)"Regulations" means the Regulations made by any authority of the University under section 31;

(u)"Rules" means the Rules made under section 46;

(v)"Schedule" means the Schedule appended to this Act;

(w)"Sponsoring Body" in relation to a University established under this Act means:-

(i)a society "not for profit" registered under the Societies Registration Act, 1860, (Central Act No.21 of 1860); or the Telangana State Societies Registration Act, 2001; or

(ii)a public trust "not for profit" registered under the Indian Trusts Act, 1882, (Central Act No.2 of 1882); or

(iii)a company registered under section 8 of the Companies Act, 2013, (Central Act No.13 of 2013);

(x)"Statutes" and "Ordinances" mean the Statutes and the Ordinances of the University made under this Act;

(y)"Specified" means specified by Ordinances Statutes and Regulations under this Act;

(za)"Student" means a student of the University and includes any person enrolled in the University for pursuing any course of study for a degree, diploma or other academic distinction duly instituted by the University including a research degree;

(zb)"Teacher" means a Professor, Associate Professor, Assistant Professor or any other person required to impart education or to guide research or to render guidance in any other form to the students for pursuing a course of study of the University;

(zc)"UGC" means the University Grants Commission established under section 4 of the University Grants Commission Act, 1956, (Central Act No.3 of 1956);

(zd)"University" means a Private University established under section 3 of this Act.

Chapter - II Establishment of University

3. Establishment and incorporation of the University.

(1)The Government may permit the establishment of a University by inclusion of the name and location of the University, the name and address of the Sponsoring Body and details of its registration mentioned in the Schedule.

(2)The location of the University shall be within the State of Telangana and shall be notified by the Government.

(3)The University shall be unitary in nature and shall not have power or provision to affiliate and recognize any college or institution to it.

(4)The University shall normally be permitted to have one campus to start with:Provided that the Government may, under exceptional circumstances such as starting of few specialised courses close to the industrial clusters, if it deems fit, permit two additional campuses/centres subject to adherence to quality levels and satisfactory accreditation standards as may be specified:Provided further that the Government may permit to open additional campuses/centres beyond the initial three campuses, if any, anywhere within the State of Telangana subject to satisfactory running for a period of five years and fulfilment of such infrastructure and other requirements as may be specified by Government.

(5)The University will be free to and is encouraged to use technology extensively as part of its curriculum in line with modern pedagogic concepts.

(6)The Governing Body, the Board of Management, the Academic Council, the Chancellor, the Vice-Chancellor, the Registrar and the Chief Finance and Accounts Officer and such other officers or members or authorities, so long as they continue to hold such office or membership of the respective University mentioned in the Schedule, hereby constitute a body corporate by the name of the said University specified in the Schedule.

(7)The Private University shall implement the relevant UGC (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003 and any other rules and Regulations laid down by the UGC and other Regulatory Bodies from time to time in this regard.

(8)Each such University shall be a body corporate by the name specified in the Schedule and shall have perpetual succession and common seal with power, subject to the provisions of this Act, to acquire and hold property, to contract and shall, by the said name, sue or be sued.

(9)The Universities shall not claim as a matter of right any grant-in-aid or other financial assistance from the State Government or the Central Government:Provided that this shall not prohibit any Private University from applying for research projects or any other prescribed academic projects which may or may not entail financial grants from the Central or State Government or any other institutions.

4. Goals and Objects of the University.

- The Goals and Objects of the University shall be to create, organize, preserve and disseminate knowledge in the fields of science and technology, humanities, social sciences, education, management, commerce, law, pharmacy, healthcare and any other field for the advancement of mankind in particular and other objects of the Universities shall be as follows, namely:-

(a)to provide for instruction, teaching, and training in the University in the field of higher education and make provisions for research, innovation, advancement and dissemination of knowledge;

(b)to establish and maintain a campus with international standards of education;

(c)to develop infrastructure for research in higher education, professional education, teaching, training, extension and outreach;

(d)to create higher levels of intellectual abilities;

(e)to establish State of the art facilities for education and training;

(f)to carry out teaching and research;

(g)to create and maintain centres of excellence for research and development and for sharing knowledge and its application;

(h)to provide avenues for innovation, set up incubation centres and to develop entrepreneurship skills;

(i)to provide consultancy to the industry and public organisations;

(j)to encourage and use the latest technology for education, research and training;

(k)to confer degrees, diplomas and other academic distinctions on the basis of an approved method of evaluation as established by the Academic Council of the University, keeping in view the guidelines of the University Grants Commission and other connected Regulatory Bodies;

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

(m)to collaborate with national and global institutions, to offer programmes and to create capabilities for upgrading programmes to the global standards subject to the guidelines of the UGC and other connected Regulatory Bodies;

(n)to ensure that the standards of the degrees, diplomas and other academic distinctions are not lower than those laid down by the Regulatory Bodies;

(o)to establish close linkage with the industry, business, educational institutions and other sections of the society to make teaching, research, training, documentation, publication, use of various media and outreach activities at the University relevant to the needs of the University, time and society, at national and international level;

(p)to pursue any other objectives as may be approved by the Government:

Provided that notwithstanding anything contained in this Act and save as provided in any Central Act, the University shall be eligible to undertake the functions of dissemination of knowledge only in the fields for which the Government has issued Letter of Intent or in the fields subsequently approved by the Government.

5. Powers and functions of the University.

- The University shall exercise the following powers and perform the following functions, namely:-

(i)to administer and manage the University, for research, teaching, learning, training, extension and e-learning in the approved fields at its campus within the State of Telangana;

(ii)to provide for research in higher education, professional education, teaching, learning, training, extension and e-Learning in the approved fields;

(iii)to conduct innovative experiments in educational technologies, teaching and learning methods and to collaborate with national and international institutions to offer joint programmes recognised by the Regulatory Bodies, to constantly improve the delivery of education and to achieve international standards of education;

(iv)conduct programmes and courses of study that are in the opinion of the University, necessary for the furtherance of its objects in the approved fields;

(v)to hold examinations and confer degrees, diplomas and other academic distinctions or titles on persons subject to such condition as the University may determine and to withdraw or cancel any such degrees, diplomas and other academic distinctions or titles in the manner prescribed by the Ordinances and Regulations;

(vi)to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;

(vii)to provide for publications and reproduction of research, educational material and other works and to organize exhibitions conferences, workshops and seminars;

(viii)to establish knowledge resource centre;

(ix)to sponsor and undertake research and educational programmes in the approved fields of science and technology, humanities, social sciences, education, management, commerce, law, pharmacy, healthcare and any other allied areas;

(x)to obtain registration in respect of research in the nature of patents, design rights and such or similar intellectual property rights with the competent authorities;

(xi)to maintain linkages and collaborate with educational or other institutions in any part of the world having objects wholly or partially similar to those of the University, through exchange of students, researchers, faculty and staff and generally in such manner as may be conducive to their common objects;

(xii)to render services of research, training, consultancy and such other service, as required for the purposes of the University;

(xiii)to develop and maintain relationships with faculty, researchers, administrators and domain experts in science and technology, humanities, social sciences, education, management, law, commerce, pharmacy, healthcare and allied area for achieving the objects of the University;

(xiv)to regulate the expenditure and to manage the finances and to maintain the accounts of the University;

(xv)to receive funds, movable and immovable properties, equipments, software and other resources from business, industry, other sections of society, national and international organization(s) by transfer or as gifts, donations, benefactions or bequests, as valid under the relevant Laws, for the purposes and objects of the University;

(xvi)to establish, maintain, manage the hostels for students, establish quarters for the residence of faculty and staff;

(xvii)to construct, manage and maintain complexes, auditorium, buildings, stadium for the advancement of sports, cultural, co-curricular and extra-curricular activities;

(xviii)to supervise and control the residence and regulate the discipline of students, faculty and staff of the University and to make arrangements for promoting their health, general welfare, social and cultural activities;

(xix)to fix, demand and receive or recover fees and such other charges as may be prescribed by the Statutes;

(xx)to institute and award fellowships, scholarships, prizes, medals and other awards;

(xxi)to purchase or to take on lease or accept as gifts, bequests, legacies or otherwise any land or building or works which may be necessary or convenient for the purpose of the University and on such terms and conditions as it may think fit and proper and to construct or alter and maintain any such building or works;

(xxii)to sell, exchange, lease or otherwise dispose of all or any portion of the properties of the University, movable or immovable, on such terms as it may think fit and consistent with the interest, activities and objects of the University, with the prior permission of the Government;

(xxiii)to draw and accept, to make and endorse, to discount and negotiate promissory notes, bills of exchange, cheques and other negotiable instruments;

(xxiv)to raise and borrow money on bond, mortgages, promissory notes or other obligations or securities founded or based upon all or any of the properties and assets of the University or without any securities and upon such terms and conditions as it may think fit and to pay out of the funds of the University, all expenses incidental to the raising of money, and to repay and redeem any money borrowed, with the prior permission of the Government;

(xxv)to invest the funds of the University in or upon such securities and transpose any investment from time to time in such manner as it may deem fit in the interest of the University with the prior permission of the Government;

(xxvi)to execute conveyances regarding transfers, mortgages, leases, licenses, agreements, and other conveyances in respect of property, movable or immovable including Government securities belonging to the University or to be acquired for the purpose of the University with the prior permission of the Government;

(xxvii)to admit students for the courses offered by the University in the manner prescribed by the Ordinances;

(xxviii)to create academic, technical, administrative, ministerial and other posts prescribing qualifications by the Statutes and to make appointments thereto;

(xxix)to regulate and enforce discipline among the students, employees of the University and to provide for such disciplinary measures as may be prescribed by the Regulations;

(xxx)to institute professorships, associate professorships, assistant professorships and any other teaching, academic or research posts and to prescribe by the Statutes, the qualifications for the persons to be appointed on such posts;

(xxxi)to appoint qualified persons as professors, associate professors, assistant professors or as teachers and researchers or other officers of the University in such manner as may be prescribed by the Statutes;

(xxxii)to collaborate with other National and International Universities and acquire membership of bodies, authorities, or associations, which may have been formed with like or similar objects for the advancement of learning, science or research, or for the dissemination of knowledge or for the physical and moral welfare of the students, in such manner and for such purpose as the University may determine by Statutes;

(xxxiii)to delegate all or any of its powers except the power to make Regulations to any officer or authority of the University as per the Statutes and Ordinances of the University;

(xxxiv)to do all such acts and things as the University may consider necessary, conducive or incidental to the attainment or enlargement of all or any of the objects of the University.

6. Application for establishment of the University.

- Any Sponsoring Body desirous to have a Private University established by a law of the State Legislature, shall make an application to the Government, containing among other things an outline of the purpose and vision of the proposed Private University and the proposal and the Project Report in such manner containing such particulars along with such fee as may be prescribed, from time to time.

7. Project Report.

- In addition to the particulars as may be prescribed under section 6, the Project Report shall contain the following, namely:-

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

(b)the details of the Sponsoring body along with the copies of its registration certificate under the Societies Registration Act, 1860, or Telangana State Societies Registration Act, 2001 or Public Trust Act or the Companies Act, 2013, constitution and bye-laws;

(c)the information regarding financial resources of the Sponsoring Body along with audited financial statements for the last five years;

(d)the track record, experience and domain expertise in the disciplines proposed at the command of the Sponsoring Body;

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

(f)the objectives of the University;

(g)plan for pre-commencement activities, including in academic & non-academic areas;

(h)availability of academic facilities including teaching and non-teaching staff, if any at the disposal of the Sponsoring Body;

(i)the details of plans for campus development such as construction of buildings, development of structural amenities and infrastructure facilities and procurement of equipment, etc., to be undertaken before the University starts functioning and further required construction area as prescribed from time to time by the Government;

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

(k)the nature and type of programmes and courses of study, research and innovation proposed to be undertaken by the University and their relevance to the development goals and employment needs of the State with course-wise enrolment targets;

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

(m)the estimated recurring expenditure course-wise or activity-wise, sources of finance and estimated expenditure per student;

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

(o)projected detailed financial statements and key operating ratios with a detailed break-up of sources of revenues generated internally through the recovery of fee from the students, professional income such as through consultancy services, ancillary income from the student services such as student housing, other activities relating to the objects of the University and other anticipated incomes;

(p)the proposed fee structure with reference to the details of expenditure on unit cost and the extent of concessions or rebates in fee or free-ships and scholarships to the poor students from economically poor or socially backward families, including Scheduled Castes. Scheduled Tribes, other Backward Classes and differently abled students;

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

(r)the system proposed for appointment of faculty and other employees in the University;

(s)the nature of specialized teaching, training or research activities to be undertaken by the University so as to fulfil its objects and the University proposes to undertake related to local needs;

(t)the relevant details must also be provided if the University proposes to start some programmes for the benefit of farmers, women and industries;

(u)the details of play grounds and other facilities available or proposed to be created for games and sports and extra-curricular activities like National Cadet Corps, National Service Scheme, Scouts and Guides;

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

(w)commitment to follow the norms of the Regulatory Bodies;

(x)such other details as the Sponsoring Body may like to give;

(y)such other details as may be prescribed or notified from time to time.

8. Expert Committee.

(1)The Government shall constitute an Expert Committee consisting of such members as may be specified by it to examine the application received under sections 6 and 7 for setting up of a Private University.

(2)The Expert Committee shall consider the proposal and the Project Report based on the information given under sections 6 and 7 and recommend or otherwise whether the proposal to set up a Private University is acceptable and whether the Sponsoring Body is competent to set up and manage the University.

(3)The Expert Committee shall consider each proposal and Project Report with reference to the following factors:-

(a)financial soundness and assets of the Sponsoring Body and its ability to set up the infrastructure of the proposed University;

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

(c)potential of the programme and courses to be offered which are not only of conventional nature but also in tune with the contemporary requirements of emerging branches of learning and relevant to various development sectors and to the society in general;

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

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

(4)The Expert 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 Expert Committee shall submit its recommendation to the Government as far as possible within a period of 60 days from the date of receipt of the proposal and Project Report from the Government.

(6)The Expert Committee may recommend to the Government appropriate additional measures for Private Universities, from time to time.

9. Letter of Intent.

(1)After receipt of the recommendations of the Expert Committee under section 8, the Government shall take a decision on accepting, rejecting, or seeking modifications in the proposal and Project Report, as far as possible within a period of 30 days:Provided that the Government may consider the additional measures as recommended by the Expert Committee under sub-section (6) of section 8.

(2)The Government shall inform the Sponsoring Body about its decision through a Letter of intent, or a Letter of Regret, or a Letter seeking additional clarifications.

(3)The Government, while issuing the Letter of Intent, shall require the Sponsoring Body to fulfill such terms and conditions as recommended by the Expert Committee. If the letter from the Government seeks additional clarifications, the Sponsoring Body may provide the same and that shall be considered as a resubmission of the Application.

(4)The Sponsoring Body shall fulfill the terms and conditions and report compliance to the Government within a period as prescribed from the date of the issue of the Letter of Intent:Provided that Government may further extend the period for a maximum period of one year, if it is satisfied that the Sponsoring Body has taken substantial steps towards setting up of the University.

(5)On receipt of the compliance report, the Government shall, within a period of one month, request the Expert Committee, constituted under section 8 to verify the compliance report within a period of 30 days.

10. Establishment and incorporation of the University by Legislation.

- If the Government is satisfied that the Sponsoring Body has complied with the conditions of Letter of Intent and on the specific recommendations of the Expert Committee, it shall include the name of the University in the Schedule with details of its location by way of amendment of the Schedule.

11. Management of certain institutions.

- Subject to the provision of sub-section (4) of section 3, the University may, as and when it deems fit and proper, establish and manage additional campuses/centres for research, education, training, extension and outreach within the State of Telangana.

12. University open to all irrespective of sex, religion, class, creed or opinion.

(1)No person shall be excluded from any office of the University or from membership of any of its authorities or from admission to any degree, diploma or other academic distinction or course of study on the ground of sex, race, creed, class, caste, place of birth, religious belief or political or other opinion.

(2)It shall not be lawful for the University to impose on any person any test whatsoever relating to sex, race, creed, caste, class, place of birth, religious belief or political or other opinion in order to entitle him to be admitted as a student or to hold any office or post in the University or to qualify for any degree, diploma or other academic distinction or to enjoy or exercise any privileges of the University or any benefaction thereof.Chapter - III Officers of University

13. Officers of the University.

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

(a)The Chancellor;

(b)The Vice-Chancellor;

(c)The Registrar;

(d)The Chief Finance and Accounts Officer; and

(e)such other officers as may be declared by the Statutes to be the officers of the University.

14. Chancellor.

(1)The Chancellor shall be appointed by the Sponsoring Body for a period of three years selected by a Search Committee, by following such procedure and on such terms and conditions as may be prescribed.Explanation. - For the purpose of this Chapter, Search Committee shall mean a Search Committee constituted by the Sponsoring Body and consisting of a minimum of three members nominated from the Board of Management.

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

(3)The Chancellor shall preside over the meetings of the Governing Body and shall preside over the convocation of the University for conferring degrees, diplomas or other academic distinctions and in his absence by any other member of the Governing Body nominated by it.

(4)The Chancellor shall have the following powers, namely:-

(a)to call for any information or record;

(b)to remove the Vice-Chancellor in accordance with the provisions of sub-section (6) of section 15;

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

(5)The term of the office of the Chancellor shall be as may be specified in the Statute.

15. Vice-Chancellor.

(1)The Vice-Chancellor shall be appointed by the Chancellor from a panel of three persons recommended by the Search Committee and subject to the provisions of subsection (6), hold office for a term of three years or upto the age of 70 years, whichever is earlier:Provided that, after expiry of the term of three years, a person shall be eligible for re-appointment for another term of three years, subject to the upper age limit of 70 years:Provided further that the Vice-Chancellor shall continue to hold office even after expiry of his term till a new Vice- Chancellor takes charge of the office, however in any case this period shall not exceed one year:Provided also that the Chancellor may appoint the first Vice-Chancellor for a period of one year or until a regular Vice-Chancellor is appointed under this section whichever is earlier.

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

(3)Where, 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 and it may confirm or modify or reverse the action taken by the Vice-Chancellor.

(4)Where, in the opinion of the Vice-Chancellor, decision of any authority of the University is not within the powers conferred by this Act or the Statutes, the Ordinances, the Regulations or the rules or is likely to be prejudicial to the interest of the University, he shall request the authority concerned to revise its decision within fifteen days from the date of its decision and in case the authority refuses to revise such decision wholly or partly or fails to take any decision within fifteen days, then such matter shall be referred to the Chancellor and his decision thereon shall be final.

(5)The Vice-Chancellor shall exercise such powers and perform such functions as may be specified by the Statutes or the Ordinances.

(6)If, at any time upon representation made or otherwise and after making such inquiry as may be deemed necessary, the situation so warrants and if the continuance of the Vice-Chancellor is not in the interests of the University, the Chancellor may, by an order in writing stating the reasons therein, ask the Vice-Chancellor to relinquish his office from such date as may be specified in the order:Provided that before taking action under this subsection the Vice-Chancellor shall be given an opportunity of being heard in person.

16. Registrar.

(1)The appointment of the Registrar shall be made by the Chancellor in such manner as may be specified by the Statutes.

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

(3)The Registrar shall be the Member-Secretary of the Governing Body, the Board of Management and Academic Council but he shall not have a right to vote.

(4)The Registrar shall exercise such powers and perform such duties as may be specified in the Statutes or the Ordinances.

17. Chief Finance and Accounts Officer.

(1)The appointment of the Chief Finance and Accounts Officer shall be made by the Chancellor in such manner as may be specified by the Statutes.

(2)The Chief Finance and Accounts Officer shall exercise such powers and perform such duties as may be specified in the Statutes or the Ordinances.

18. Other Officers.

(1)The University may appoint such other Officers as may be necessary for its functioning.

(2)The manner of appointment of other officers of the University and their powers and functions shall be such as may be specified in the Statutes or the Ordinances.Chapter - IV Authorities of University

19. Authorities of the University.

- The following shall be the authorities of the University, namely:-

(a)The Governing Body;

(b)The Board of Management;

(c)The Academic Council; and

(d)such other authorities as may be declared by the Statutes to be the authorities of the University.

20. Constitution, Tenure, Quorum, Powers etc., of the Governing Body.

(1)The Governing Body of the University shall consist of at least six members including the following members, namely:-

(a)the Chancellor;

(b)the Vice-Chancellor;

(c)members to be nominated by the Sponsoring Body who shall be eminent people of standing in the fields as may be specified:

Provided that it shall be the duty of the Sponsoring Body to maintain the gender parity, in nominating women members not less than one half of the total members in the composition of the Governing Body;

(d)officer not below the rank of Secretary to the Government of Telangana, to be nominated by the Government:

(2)

(a)Save as otherwise provided in this section the term of nominated members of the Governing Body shall be minimum of three and maximum of five years from the date of nomination:

Provided that each nominated member is eligible to hold the position for additional term of not more than ten years;

(b)An ex-officio member shall continue so long as he/ she holds the office by virtue of which he/ she is such a member;

(c)Nearly one third of the nominated members, except the ex-officio member shall retire by rotation each year. In the first two instances, the Board of Management may decide the procedure to identify the members who will retire;

(d)A member may resign from his office by writing under his hand, addressed to the Chairperson, but he shall continue in office until his resignation has been accepted by the Chairperson.

(3)The Governing Body shall be the overarching supervisory and statutory authority of the University. All the movable and immovable property of the University shall vest in the Governing Body.

(4)The Governing Body shall have the following powers namely:-

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

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

(c)to approve the budget and annual report of the University;

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

(e)to recommend to the Sponsoring Body about the voluntary liquidation of the University;

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

(g)to vest to the Board of Management or any other entity or official of the University such of its powers as it deems appropriate, along with appropriate governance mechanism.

(5)The Governing Body shall meet at least four times in a financial year with one meeting in each quarter.

(6)A minimum of one-half of the members shall form the quorum for a meeting of the Governing Body.

21. Board of Management.

(1)The Board of Management shall consist of minimum eight and maximum twelve members including the following persons, namely,-

(a)the Vice-Chancellor;

(b)upto one-fourth members of the Board of Management, to be nominated by the Sponsoring Body;

(c)eminent persons from the field of Management, Finance & Law, Science and Technology and Public Administration or such other subjects, who are not the members of the Governing Body, to be nominated by the Sponsoring Body;

(d)persons from amongst the Heads of Departments of the University, to be nominated by the Sponsoring Body:

Provided that it shall be the duty of the Sponsoring Body, to maintain the gender parity in nominating women members in any case not less than one fourth and not more than one half of total members in the composition of the Board.

(2)The Vice-Chancellor shall be the Chairperson of the Board of Management:Provided that in the absence of the Vice-chancellor, the Chancellor may, at his discretion, nominate any other member of the Governing Body to be the Chairperson of the Board of Management.

(3)The powers and functions of the Board of Management shall be such as may be specified by the Statutes.

(4)The Board of Management shall meet once in every two months.

(5)A minimum of one-half of the members shall form the quorum for a meeting of the Board of Management.

22. Academic Council.

(1)The Academic Council shall consist of the Vice- Chancellor, the Registrar and such other members as may be specified by the Statutes.

(2)The Vice-Chancellor shall be the Chairperson of the Academic Council.

(3)The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes, the Ordinances, the Regulations and the rules made thereunder, co-ordinate and exercise general supervision over the academic policies of the University.

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

23. Disqualifications.

(1)A person shall be disqualified for being a member of any of the authorities or bodies of the University, if,-

(a)he/she is of unsound mind and stands so declared by a competent court;

(b)he/she is an undischarged insolvent;

(c)he/she has been convicted of any offence involving moral turpitude;

(d)he/she is conducting or engaging himself in private coaching with or without pecuniary gain; or

(e)he/she has been punished for indulging in or promoting unfair practice in the conduct of any examination, in any form, anywhere.

24. Vacancies not to invalidate the constitution of, or the proceedings of any authority or body of the University.

- No act or proceedings of any authority of the University shall be invalid merely by reason of any vacancies in or defect in the constitution of any authority or body of the University.

25. Constitution of Committees.

- The authorities of the University may constitute such Committees with such terms of reference as may be necessary for specific tasks to be performed by such Committees. The constitution of such Committees, powers to be exercised and duties to be performed shall be such as may be specified by the Statutes.Chapter - V Statutes, Ordinances and Regulations

26. First statutes.

(1)Subject to the provisions of this Act, and the rules made thereunder, the First Statutes may provide for all or any of the following matters, namely:-

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

(b)the terms and conditions of appointment of the Vice-Chancellor, his powers and functions;

(c)the manner, terms and conditions of appointment of the Registrar and Chief Finance and Accounts Officer, their powers and functions;

(d)the manner and terms and conditions of appointment of other officers and teachers and their powers and functions;

(e)the terms and conditions of service of employees of the University;

(f)the procedure for resolution in cases of disputes between employees or students and the University;

(g)the conferment of honorary degrees;

(h)the provisions regarding exemption from payment of tuition fee and awarding scholarships and fellowships to the students;

(i)framing of policy for admissions, including regulation of reservation of seats; and

(j)fees to be charged from students.

(2)The First Statutes of the University shall be made by the Governing Body and shall be submitted to the Government for its approval.

(3)The Government shall consider the First Statutes, submitted by the University and shall approve it as far as possible within two months from the date of its receipt, with or without modifications, as it may deem necessary provided that the Government shall mention reasons for such modifications, if any.

(4)The University shall communicate its agreement to the First Statutes as approved by the Government, and if it desires not to give effect to any or all the modifications made by the Government under sub-section (3), it may give reasons thereof and after considering such reasons, the Government may or may not accept the suggestions made by the University.

(5)The Government shall publish the First Statutes, as finally approved by it, in the Telangana Gazette, and thereafter it shall come into force from the date of such publication.

27. Subsequent Statues.

(1)Subject to the provisions of this Act and the rules made thereunder, the subsequent Statutes of the University may provide for all or any of the following matters, namely,-

(a)creation of new authorities of the University;

(b)accounting policy and financial procedure;

(c)representation of teachers in the authorities of the University;

(d)creation of new departments and abolition or restructuring of existing departments;

(e)institution of medals and prizes;

(f)procedure for creation and abolition of posts;

(g)revision of fees;

(h)alteration of the number of seats in different disciplines; and

(i)all other matters which by or under the provisions of this Act require to be specified by the Statutes.

(2)The Statutes of the University other than the First Statutes shall be made by the Board of Management with the approval of the Governing Body.

(3)The Statutes made under sub-section (2) shall be submitted to the Government and it may approve or, if considers necessary, give reasoned suggestions for modification as far as possible within two months from the date of receipt of the Statutes.

(4)The Governing Body shall consider the modifications suggested by the State Government and return the Statutes to it with its agreement to such changes or with its comments on the suggestions made by the State Government.

(5)The Government shall consider the comments of the Governing Body and may approve the Statutes with or without modifications and it shall be published by it in the Telangana Gazette, and shall come into force from the date of such publication.

28. First Ordinances.

(1)Subject to the provisions of this Act, the rules and the Statutes made thereunder, the First Ordinances may provide for all or any of the following matters, namely,-

(a)the admission of students to the University and their enrolment as such;

(b)the courses of study to be laid down for degrees and diplomas of the University;

(c)the award of degrees, diplomas and other academic distinctions, the minimum qualifications for the same;

(d)the rules and procedures for award of fellowships, scholarships, stipends, medals and prizes;

(e)the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators;

(f)fees to be charged for the various courses, examinations, degrees or diplomas of the University;

(g)provision of various student facilities and services provided by the University including but not limited to student housing;

(h)provision regarding disciplinary action against the students;

(i)the creation, composition and functions of any other body which is considered necessary for improving the academic standards of the University;

(j)the manner of co-operation and collaboration with other Universities and institutions of higher education;

(k)such other matters which are required to be provided by the Ordinance by or under this Act.

(2)The First Ordinances of University shall be made by the Vice-Chancellor which, after being approved by the Board of Management, shall be submitted to the Government for its approval.

(3)The Government shall consider the First Ordinances submitted by the Vice-Chancellor under sub-section (2) as far as possible within two months from the date of its receipt and may approve it or give reasoned suggestions for modifications therein.

(4)The Vice-Chancellor shall either modify the Ordinances incorporating the suggestions of the Government or give reasons for not incorporating any of the suggestions made by the Government and shall return the First Ordinances along with such reasons, if any, after due consideration, by the Board of Management to the Government and on receipt of the same, it shall consider the comments of the Vice-Chancellor and may approve the First Ordinances of the University with or without such modifications and it shall be published by the Government in the Telangana Gazette, and it shall come into force from the date of such publication.

29. Subsequent Ordinances.

(1)All Ordinances other than the First Ordinances shall be made by the Academic Council which after being approved by the Board of Management shall be submitted to the Government for its information and publication in the Telangana Gazette.

30. Regulations.

- The authorities of the University may, subject to the prior approval of the Board of Management make Regulations, consistent with this Act the Statutes and the Ordinances and the rules made thereunder, for the conduct of business of each such authority and committees constituted by each such authority.Chapter - VI Regulation of University

31. Powers of the Government to give directions.

(1)The Government may for the purpose of ascertaining the standards of teaching, examination and research or any other matter relating to the University, after consultation with the Vice-Chancellor, cause an assessment to be made in such manner as may be prescribed, by such person or persons as it may deem fit.

(2)The Government shall communicate its recommendations to the University on the basis of such assessment for corrective action. The University shall adopt such corrective measures and make efforts so as to ensure the compliance of the recommendations.

(3)If the University fails to comply with the recommendations made under sub-section (2) within a reasonable time, the State Government may give such directions as it may deem fit for such compliance.

32. Admissions and Fee Structure.

(1)The University shall have full autonomy, along with full disclosure and transparency, on starting various academic programmes and the admissions process thereof, so long as it adheres fully to the admission norms that it has committed to in its approved project proposal.

(2)In the case of an existing Institution which is established as a University under this Act the rule of reservation in admissions implemented by that Institution, for the existing seats of that Institution, shall be continued even in the University established under this Act.

(3)The University shall have full autonomy, along with full disclosure and transparency, on setting fees for the various programmes that it decides to offer. Fees shall be determined by each University through a Fee Fixation Committee which would consist of members drawn from Board of Management, Academic Council, as well as external members. The Fee Fixation Committee shall be headed by a member of the Board of Management.

(4)In the case of an existing Institution, which is established as a University under this Act, the Fee fixed by the Telangana Admission and Fee Regulatory Committee (TAFRC), for the courses and seats of that Institution, shall be continued even in the University established under this Act.

33. Domicile based reservation.

- 25% of seats for admissions in the courses undertaken by the University shall be exclusively reserved for the students of the State of Telangana on the basis of domicile as may be prescribed.

34. Convocation.

- The Convocations of the University for conferring degrees, diplomas or for any other purpose may be held in every academic year in the manner as may be specified by the Statutes.

35. Accreditation of the University.

- The University shall obtain accreditation from the National Assessment and Accreditation Council (NAAC) within five years from the commencement of the programmes and courses and certification/accreditation from such other Regulating Bodies which are connected with the courses taken up by the University and inform the Government about the grade provided to the University. The University shall ensure renewal of such accreditations from time to time.

36. University to follow rules, regulations, norms, etc., of the regulating bodies.

- Notwithstanding anything contained in this Act, the University shall be bound to comply with all the rules, regulations, norms, etc., of the Regulating Bodies and provide all such facilities and assistance to such Bodies as are required by them to discharge their duties and carry out their functions.Chapter - VII Funds of the University

37. Endowment Fund.

(1)The Sponsoring Body shall establish an Endowment Fund for the University with an amount specified in the Letter of Intent.

(2)The Endowment Fund shall be used as security deposit to ensure that the University complies with the provisions of this Act and functions as per provisions of this Act, the Statutes, the Ordinances, the Regulations and the rules. The Government shall have the powers to order forfeiture of a part or whole of the Endowment Fund in case the University or the Sponsoring Body contravenes the provisions of this Act or the Statutes or the Ordinances or the Regulations or the rules made thereunder. In such a case the forfeited amount shall be utilized for due compliance with the provisions of this Act, Statutes, Ordinances, Regulations or the rules as the case may be:Provided that before issuing an order of forfeiture under this sub-section, the Government shall afford an opportunity of representation to the University or the Sponsoring Body as the case may be.

(3)The University, if required, may utilize 75% of the income from Endowment Fund for the development of infrastructure of the University and cannot meet the recurring expenditure of the University from it. The balance and un-utilised income shall be added to the Endowment Fund.

(4)The amount of Endowment Fund shall be invested in such highly secure and liquid instruments and kept invested until the dissolution of the University.

(5)The Governing Body shall be responsible and accountable for the safety and correct utilization of the Endowment Fund.

(6)The Governing Body shall ensure that the University prepares an audited report on the status and utilization of interest proceeds of the Endowment Fund annually, which may be sought by the Government from time to time:Provided that the University which fails to maintain such a report may be enquired into as per section 44.

38. General Fund.

- Every University shall establish a fund, which shall be called the General Fund to which the following shall be credited, namely,-

(a)fees and other charges received by the University for procurement and upkeep of the assets of the University;

(b)any contributions made by the Sponsoring Body;

(c)any income received from consultancy and other works undertaken by the University in pursuance of its objectives;

(d)trusts, bequests, donations, endowments and any other grants; and

(e)all other sums received by the University.

39. Application of General Fund.

- The General Fund shall be utilized for the following objects, namely,-

(a)for the repayment of debts including interest charges thereto incurred by the University for the purposes of this Act and the Statutes, the Ordinances, the Regulations and the rules made thereunder with the prior approval of the Governing Body;

(b)for upkeep of the assets of the University;

(c)for the payment of the fee for audit of the funds created under sections 37 and 38;

(d)for meeting the expenses of any suit or proceedings by or against the University;

(e)for the payment of salaries, allowances, Provident Fund contributions, gratuity and other benefits to officers, employees and members of the teaching and research staff;

(f)for the payment of travelling and other allowances of the members of the Governing Body, the Board of Management, the Academic Council, other authorities and the members of any Committee appointed by any of the authorities or the Chancellor or the Vice-Chancellor;

(g)for the payment of fellowships, freeships, scholarships, assistantships and other awards to the students belonging to economically weaker sections of the society or research associates, trainees or, as the case may be, to any student otherwise eligible for such awards under the Statutes, the Ordinances, the Regulations or the rules;

(h)for the payment of any expenses incurred by the University in carrying out the provisions of this Act or the Statutes, the Ordinances, the Regulations or the rules;

(i)for the payment of cost of capital, not exceeding the prime lending rate from time to time of the State Bank of India, incurred by the Sponsoring Body for setting up the University and the investments made therefor;

(j)for the payment of charges and expenditure relating to the consultancy works undertaken by the University in pursuance of the provisions of this Act or the Statutes or the Ordinances or the Regulations or rules made thereunder;

(k)for the payment of any other expenses including service fee payable to any organization charged with the responsibility of providing any specific service, including the managerial services to the University, on behalf of the Sponsoring Body, as approved by the Board of Management to be an expense for the purposes of the University:

Provided that no expenditure shall be incurred by the University in excess of the limits for total recurring expenditure and total non-recurring expenditure for the year, as may be fixed by the Board of Management, without prior approval of the Board of Management.Chapter - VIII Accounts, Audit and Annual Report

40. Annual Report.

- The Annual Report of the University which shall be prepared by the University shall include among other matters, the steps taken by the University towards the fulfillment of its objectives and shall be submitted to the Government.Explanation. - Financial year for the purpose of this Chapter shall be from April 1st to March 31st of the following year.

41. Annual Accounts and Audit.

(1)The Annual Accounts including Balance Sheet of the University shall be prepared by the University in a fair and transparent manner and the Annual Accounts shall be audited at least once in every year by the Auditors appointed by the University for this purpose.

(2)A copy of the Annual Financial Statements together with the Audit Report shall be submitted to the Government every financial year.

(3)The Governing Body shall be responsible for accurate and detailed preparation of the Annual Financial Statements and the timely submission of the same with the Annual Report.

(4)The advice of the Government, if any, arising out of the Accounts and Audit Report of the University shall be placed before the Governing Body. The Governing Body shall issue such directions, as it may deem fit, and compliance shall be reported to the Government.Chapter - IX Winding up of University

42. Management of the University on dissolution of the Sponsoring Body.

(1)If the Sponsoring Body proposes to dissolve itself according to the provisions of the law governing its constitution, it shall give at least six months prior notice to the Government.

(2)The Government shall, on receipt of such notice make such arrangements as may be necessary, for the administration of the University from the date of dissolution of the Sponsoring Body till the completion of the syllabus/ regular courses by the last batches of students admitted to the University and till they have been awarded degrees, diplomas or awards as the case may be. The Government may also cause the functioning of the University to continue by appointing an administrator in place of the Sponsoring Body, who shall be entrusted with the powers, duties and functions of the Sponsoring Body as prescribed under this Act.

(3)The Government on dissolution of the Sponsoring body after due consideration, may dissolve the University in such manner as may be prescribed.

43. Dissolution of the University.

(1)The Government, after due consideration, may dissolve the University in such manner as may be prescribed:Provided that the dissolution of the University shall have effect only after the last batches of students of the regular courses have completed their syllabus/courses and they have been awarded degrees, diplomas or awards, as the case may be:Provided further that the Government may continue the functioning of the University by appointing an administrator in place of the Sponsoring Body entrusted with the powers and functions as per sub-section (2) of section 42.

(2)On dissolution of the University all the assets and liabilities of the Universities shall vest in the Sponsoring Body in the manner prescribed:Provided that any specific concessions assigned by the Government to the University shall be resumed to the Government.

44. Special powers of the Government in certain circumstrances.

(1)Where the State Government is of the opinion that the University has contravened any of the provisions of this Act or the Statutes or the Ordinances or the Regulations or the rules made thereunder or has violated any of the directions issued by it under this Act or a situation of financial mismanagement or mal-administration has arisen in the University, it shall issue a notice requiring the University to show cause within forty-five days as to why an administrator shall not be appointed.

(2)On receipt of reply of the University on the notice issued under sub-section (1), if the Government is satisfied that there is a prima facie case of contravention of any of the provisions of this Act or the Statutes or the Ordinances or the Regulations or the rules made thereunder or violation of directions issued by it under this Act or there is financial mismanagement or mal-administration, it shall make an order of such inquiry as it may consider necessary.

(3)The Government shall, for the purposes of any such inquiry under sub-section (2), appoint an inquiry officer or officers to inquire into any of the matters as per sub-section (1) and to make report thereon.

(4)The inquiry officer or officers appointed under subsection (3) shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, (Central Act No.5 of 1908) while trying a suit in respect of the following matters namely,-

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

(b)requiring the discovery and production of any such documents or any other material as evidence;

(c)requisitioning any public record from any court or office.

(5)On receipt of the inquiry report from the officer or officers appointed under sub-section (3), if the Government is satisfied that the University has contravened all or any of the provisions of this Act or the Statutes or the Ordinances or the Regulations or the rules made thereunder or has violated any of the directions issued by it under this Act or a situation of financial mismanagement and maladministration has arisen in the University which threatens the academic standards of the University, it may appoint an administrator.

(6)The administrator appointed under sub-section (5) shall exercise all the powers and perform all the duties of the Governing Body and the Board of Management under this Act and shall administer the affairs of the University until the last batch of the students of the regular courses have completed their courses/syllabus and they have been awarded with degrees, diplomas or awards as the case may be.

(7)After having been awarded the degrees, diplomas or awards as the case may be to the last batches of the students of the regular courses or after the transfer of all the students to other institutions, if applicable, the administrator shall make a report to that effect to the Government.

(8)On receipt of the report under sub-section (7), the Government after due consideration, may decide to continue the functioning of the University by vesting the powers of the Governing Body in the prescribed manner to other societies having similar objectives or the Government may decide to dissolve the University in such manner as may be prescribed.Chapter - X Miscellaneous

45. Powers of the Government to make rules.

(1)The Government may by notification in the Telangana Gazette make rules to carry out the purposes of this Act.

(2)In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters namely:-

(a)the manner of making proposal and Project Report to establish the University under sections 6 and 7;

(b)other matters relating to the Statutes and Ordinances under sub-section (1) of section 26, section 27, section 28 and section 29;

(c)matters relating to dissolution of the Sponsoring Body under sub-section (2 and 3) of section 42;

(d)matters relating to dissolution of the University under sub-section (1) of section 43 and section 44.

(3)Every rule made under this Act shall, immediately after it is made, be laid before the Legislature of the State, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may comprise in one session or in two successive sessions and if, before the expiration of the session in which it is so laid or the session immediately following, the Legislature of the State agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled as the case may be, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

46. Powers to remove difficulties.

(1)If any difficulty arises in giving effect to the provisions of this Act the Government may, by order published in the Telangana Gazette, make provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

(2)Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.

Schedule

(see section 3)

[SI.No. [Included by Act No.13 of 2020, dated 19.9.2020.]	Name and location (address of the PrivateUniversity)	Name & Address of the Sponsoring Body	Details of registration of the Sponsoring Body
(1)	(2)	(3)	(4)
1.	Mahindra University at Bahadurpally (V),Qudbullapur Mandal, Medchal-Malkajgiri District, Telangana	Mahindra Educational Institutions,Bahadurpally, Jeedimetla, Hyderabad	C.I. No.U80300AP 201 3NPL086878, 2013-14, underSection 25 of the Companies Act, 1956 (Act 1 of 1956).
2.	Woxsen University at Woxsen Campus, Kamkole,Sadasivpet, Medak District, Telangana.	Pinakin Education Trust, Panjagutta X Roads,Panjagutta, Hyderabad.	Doc.No.492/BK-4/2019, Trust Deed.
3.	Malla Reddy University at Maisammaguda,Dhulapally (post via Kompally), Medchal-Malkajgiri District,Telangana.	Malla Reddy Educational Society, Sy.No.59,Jayanagar Colony, New Bowenpally, Secunderabad, RangareddyDistrict.	Registration No. 1907 of 2004, under the A.P.Societies Registration Act, 2001.
4.	S.R. University at Ananthasagar (V),Hasanparthy (M), Warangal District, Telangana	Sri Rajeshwara Educational Society, #6-2-34,Kakaji Colony, Hanamkonda, Warangal District.	No.3379 of 1991, under A.R (Telangana Area)Public Societies Registration Act, 1350 (Act No.1 of 1350 F).
5.	Anurag University at Venkatapur (V), Ghatkesar(M), Medchal, Malkajgiri District, Telangana.	Gayathri Educational & Cultural Trust, C/o.CVSR College of Engineering, Venkatapur (V), Ghatkesar (M),Medchal-Malkajgiri District.	Doc.No.6352/1 985-Trust Deed]

Legal Document View

Unlock Advanced Research with PRISMAI

State of Telangana - Act