(1)The need for opening any new college shall be determined by the Executive Council in accordance with such plan for educational development as may he prepared by the University, with the approval of the State Government for the location of institutions of higher education in a manner ensuring an equitable distribution of facilities for higher education, having due regard, in particular, to the needs of the unserved and underdeveloped areas in the University area.(2)No application for opening of a new college, which is not in conformity with such plan, shall be considered by the Executive Council without the approval of the State Government.(3)A college applying for affiliation to the University shall apply to the Registrar within the time-limit fixed by the Ordinances made in that behalf, and shall satisfy the Executive and Academic Councils"(a)that it will supply a need of the locality, having regard to the type of education intended to be provided by the college, the facilities existing for the same type of education in the neighbourhood and the suitability of the locality;(b)that, for the college for which affiliation is sought, a separate local managing committee shall be constituted by the Management, which shall consist of not less than seven and not more than fifteen members, of whom the Principal shall be one (who shall also be the Secretary of such Committee), two shall be other teachers in the college elected by such teachers from amongst themselves and one shall be an employee (not being a teacher) in the college elected by such employees from amongst themselves. The members so elected shall hold office for a term of three years from the date of their election. The local managing committee shall keep true and proper accounts of the income and expenditure of the college, and shall have such other duties and functions as may be assigned to it by the Management.The local managing committee shall perform such duties and discharge such functions subject to the control and supervision of the Management;(c)that a college, if managed and maintained by the State Government, shall notwithstanding clause (b) above, have an Advisory Committee in place of a local managing committee, consisting of not more than fifteen members, including the Principal and two other teachers of the college and two Teachers of the University nominated by the Executive Council;(d)that the strength, qualifications and emoluments of the teaching staff, and their terms and conditions of service wilt be such as to make due provision for the courses of study, teaching or training to be efficiently undertaken by the college;(e)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 of students not residing with their parents or guardians, and for the supervision and welfare of students;(f)that, due provision has been or will be made within a reasonable time for a library;(g)that, where affiliation is sought in any branch of experimental science, arrangements have been or will be made within a reasonable time, in conformity with the Statutes, Ordinances and Regulations for imparting instructions in that branch of science with a properly equipped laboratory or museum;(h)that due provision will, as far as circumstances may permit be made within a reasonable time for the residence of the Principal and some members of the teaching staff in or near the college or the place provided for the residence of students;(i)that the financial resources of the college are such as to make due provision for its continued maintenance and efficient working;(j)that the rates of fees charged to the students are in accordance with the rates prescribed by the University from time to time;(k)that the college gives an undertaking that, in the event of affiliation being granted by the State Government, it shall not change or transfer the management of the college without previous permission of the Executive Council, and shall report all changes in the teaching staff, and all other changes that may result in any of the aforesaid requirements not being fulfilled or continuing to be fulfilled;(l)that the college gives an undertaking that the emoluments, including allowances that are required to be paid to teachers and other employees of the college, are, and shall be in accordance with the grades and allowances sanctioned under the Statutes from time to time, and that the rules prescribing the qualifications, security of tenure, disciplinary matters and other terms and conditions of service of the teachers and other employees of the college shall be in accordance with the Statutes made by the Senate from time to time;(m)that the college gives an undertaking that it shall deposit such funds, (including provident funds and permanent funds, if any) with the University and College Development Finance Corporation, as and when established, as the State Government may, from time to time, direct, if the rate of interest offered by that Corporation for similar investment is not less than that offered by any of the Banks referred to in sub-section (5) of section 70, and(n)that the college gives an undertaking that it shall comply with all the provisions of this Act and the Statutes, Ordinances, Regulations and Rules made thereunder.(4)The Executive Council shall scrutinise and determine the order or priority of the applications received and forwards the results to the State Government for approval.(4A)[(a) Notwithstanding anything contained in the preceding sub-sections or any other provision of this Act and the Statutes, Odinances, Regulations and Rules made thereunder any person, institution or association may make an application accompanied by such fees, if any, as may be prescribed in that behalf under the Statutes, Ordinances, Regulations or Rules made under this Act for opening of a new college to the Registrar of the University on or before the 30th November in any year and endorse the copy of the said application and send it by registered post to the State Government.(b)On receipt of such application by the Registrar, he shall submit the same forthwith to the Executive Council for its scrutiny and the Executive Council shall after such inquiry as it may think necessary, scrutinise and forward the application to the State Government by not later than the last day of the month of February of the year immediately following the year in which such application is made, for approval(c)(i)On receipt of such application duly scrutinised by the Executive Council, the State Government may approve or disapprove the application, in part or in whole.(ii)Where no such application duly scrutinised by the Executive Council is received by the State Government before the day specified under clause (b), the State Government may, in exceptional circumstances, approve the proposal of opening of a new college, provided it is of the opinion that in a local area where such college is proposed to be opened there are no adequate facilities of a particular type of education and that opening of such a college is in conformity with the overall policy of the State. On receipt of such initial approval of-the State Government to start the college, the University shall initiate the procedure as laid down in this section for granting affiliation to the college and forward the necessary papers to the State Government under sub-section (6) for its order Pending finalisation of this procedure, the Vice-Chancellor may in his discretion grant provisional affiliation to the college in the interest of the students.](5)On receipt of such approval, the Executive Council shall"(a)direct a local inquiry to be made, by a competent person or persons authorized by it in that behalf, in regard to the matters started in sub-section (3) and such other matters as it may think necessary and relevant;(b)make such further inquiry as may appear to it to be necessary; and(c)consider the result of such inquiry and record its opinion, after consulting the Academic Council, whether the application should be granted or rejected, in part or in whole.(6)The Registrar shall submit the application and all proceedings of the Academic and Executive Councils to the Senate, and the Senate shall after further inquiry as it may think necessary, record its resolution, which shall be forwarded to the State Government, together with all proceedings, for deciding to grant or reject the application, in part or in whole.(7)Where the application, or any part thereof, is granted, the order of the State Government shall specify the courses of instruction in respect of which the college is to be affiliated, the maximum number of students to be admitted to each such course and the period for which the affiliation is granted, and, where the application, or any part thereof, is rejected, the grounds for such rejection shall be stated.(8)As soon as possible after the State Government makes its order, the Registrar shall submit to the Executive and Academic Councils a full report regarding the application and the action taken thereon under sub-sections (3) to (6), together with all proceedings relating thereto.(9)An application under sub-section (3) may be-with- drawn at any time before an order is made under sub-section (7).
