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State of Karnataka - Section

Section 40 in Visvesvaraya Technological University Act, 1994

40. Affiliation of colleges.

(1)Colleges within the University Area may, on satisfying the conditions specified in this section, be affiliated to the University as affiliated colleges by the University on the recommendations made by the State Government.
(2)A college applying for affiliation to the University shall send an application to the Registrar within the time limit fixed by Ordinances and shall satisfy the Executive Council and the Academic Senate,-
(a)that it will supply a need in the locality, having regard to the type of education intended to be provided by the college the existing provision for same type of education made by other colleges in the neighbourhood and the suitability of the locality where the college is to be established;
(b)that it is to be under the management of a regularly constituted governing body;
(c)that the strength and qualifications of the teaching staff and the conditions governing their tenure of office are such as to make due provision for the courses of instruction, teaching or training to be undertaken by the college;
(d)that the buildings in which the college is to be located are suitable and that provision will be made in conformity with the Ordinances for the residence in the college or in lodgings approved by the college, for students not residing with their parents or guardians and for the supervision and welfare of students;
(e)that due provision has been made or will be made for a library;
(f)where affiliation is sought in any branch of experimental science, that arrangements have been or will be made in conformity with the Statutes, Ordinances and Regulations for imparting instruction in the branch of science in a properly equipped laboratory;
(g)that due provision will, as for as circumstances may permit, be made for the residence of the principal and members of the teaching staff in or near the college or the place provided for the residence of students;
(h)that the financial resources of the college are such as to make due provision for its continued maintenance and efficient working; and
(i)that rules fixing the fees if any to be paid by the students have been framed or will be framed.
(3)The application shall further contain an assurance that after the college is affiliated, any transfer of management and all changes in the teaching staff and all other changes which result in any of the aforesaid requirements not being fulfilled or continued to be fulfilled shall be forthwith reported to the Syndicate and to the State Government or such authority as the State Government may specify;
(4)On receipt of an application under sub-section (2) the Syndicate shall,-
(a)direct a local inquiry to be made by a competent person or persons authorised by the Syndicate in this behalf in respect of such matters as may be deemed necessary and relevant;
(b)make such further inquiry as may appear to it to be necessary; and
(c)record its opinion after consulting the Academic Senate, on the question whether the application should be granted or refused either in whole or in part, stating the result of any inquiry under clauses (a) and (b).
(5)The Registrar shall within such time as the Government may from time to time specify submit the application along with record of all proceedings, if any, of the Academic Senate and of the Executive Council relating thereto, to the State Government which after such inquiry as may appear to it to be necessary shall make their recommendations for the grant of the application or any part thereof and the University shall issue orders accordingly;
(6)Where the application or any part thereof is granted, the order of the University shall specify the courses of instruction in respect of which and the period for which the college is affiliated, and where the application or any part thereof is refused by the State Government or the University the reasons for such refusal shall be stated:Provided that on the recommendation of the State Government permanent affiliation may be granted to any college which was affiliated continuously for a period not less than five years fulfilling all the conditions of affiliations, and attaining the academic and administrative standards prescribed by the University from time to time.
(7)As soon as possible after the State Government or the University makes its order, the Registrar shall submit to the Senate a full report regarding the application, the action taken thereon under sub-sections (4) and (6) and of all proceedings connected therewith.
(8)An application under sub-section (1) may be withdrawn at any time before an order is made under sub-section (5).
(9)Where a college desires to add to the course of instructions in respect of which it is affiliated, the procedure prescribed by sub-sections (2) to (8) shall so far as may be, followed:Provided, however, that continuation of affiliation for existing courses of study and extension of affiliation for follow on courses may be granted by the Executive Council in consultation with the Academic Senate.
(10)
(a)No admission of students shall be made by a new college seeking affiliation to the University or by an existing college seeking affiliation to a new course of study to such course, unless, as the case may be affiliation has been granted to such new college or to the existing college in respect of such course of study.
(b)The maximum number of students to be admitted to a course of study shall not exceed the intake fixed by the Government and any admission made after coming into force of this Act, in excess of the intake shall be invalid.
(c)No student whose admission has become invalid under clause (b) shall be eligible to appear and shall be permitted by the college to appear at any examination conducted by the University.