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State of Karnataka - Act

The Karnataka Rajya Dr. Gangubai Hangal Sangeetha Mattu Pradarshaka Kalegala Vishwavidyalaya Act, 2009

KARNATAKA
India

The Karnataka Rajya Dr. Gangubai Hangal Sangeetha Mattu Pradarshaka Kalegala Vishwavidyalaya Act, 2009

Act 25 of 2009

Published in Gazette 25 on 17 September 2009
Assented to on 17 September 2009
Commenced on 17 September 2009
[This is the version of this document from 17 September 2009.]
[Note: The original publication document is not available and this content could not be verified.]

The Karnataka Rajya Dr. Gangubai Hangal Sangeetha Mattu Pradarshaka Kalegala Vishwavidyalaya Act, 2009[17th September, 2009]Karnataka Act No. 25 of 2009An Act to provide for the establishment and incorporation of the Karnataka Rajya Dr. Gangubai Hangal Sangeetha Mattu Pradarshaka Kalegala Vishwavidyalaya.WHEREAS, it is expedient to establish a University of unitary and residential nature exclusively for furthering the advancement of learning and prosecution of research, documentation, publishing of audio and video recording, popularising of all branches of music and performing arts and for the purposes hereinafter appearing;Be it enacted by the Karnataka State Legislature in the fifty- ninth year of the Republic of India, as follows:-

Chapter I
Preliminary

1. Short title and Commencement.

(1)This Act may be called the Karnataka Rajya Dr. Gangubai Hangal Sangeetha Mattu Pradarshaka Kalegala Vishwavidyalaya Act, 2009.

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

2. Definitions.

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

(a)“Accompanists” means the players of various instruments like Hormonium, Tabla, Violin, Mridangam, Ghatam, Khanjeera etc.

(b)“Appointed date” means the date appointed for the commencement of this Act;

(c)“Government” means the State Government:

(d)“Hostel” means a unit of residence for the students of the University maintained or recognised by the University in accordance with the provisions of this Act.

(e)“performing arts” means and includes dance, drama, Yakshagana, Harikatha and such other performing arts as the university may decide;

(f)Prescribed” means prescribed by the statutes;

(g)“Statutes” means the statutes of the University made under this Act;

(h)“Teachers” means Professors, emeritus Professors, readers, lecturers and other like persons as may be declared by the statutes to be teachers;

(i)“University” means the Karnataka Rajya Dr. Gangubai Hangal Sangeetha Mattu Pradarshaka Kalegala Vishwavidyalaya established under Section-3.

(j)“University Grants Commission” means the Commission established under Section 4 of the University Grants Commission Act, 1956 (Central Act 3 of 1956);

(k)“University Library” means a Library maintained by the University, whether instituted by it or not;

Chapter II
The University

3. Establishment of the University.

(1)For furthering the advancement of learning and prosecution of research in Music and performing arts there shall be established a University by the name called “The Karnataka Rajya Dr. Gangubai Hangal Sangeetha Mattu Pradarshaka Kalegala Vishwavidyalaya”.

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

(3)The University shall be of the unitary and residential type.

(4)No institution affiliated to, or associated with, or maintained by any other University in the State shall be recognised by the University for any purpose, except with the prior approval of the Government and the concerned University.

(5)The headquarters of the University shall be located within the limits of the Mysore District or in any place within a radius of twenty kilometers around those limits.

(6)The University shall be competent to acquire and hold property, both movable and immovable to lease, sell or otherwise transfer any moveable or immoveable property which may have become vested in or been acquired by it for the purpose of the University and to enter in to contract and to do all other things necessary for the purposes of this Act.

(7)The University shall not lease, sell or otherwise transfer any immoveable property, which may have become vested in or been acquired by it without obtaining the prior approval of the Government.

(8)In all suits and other legal proceedings by or against the University, the pleading shall be signed and verified by, and all processes in such suits and proceedings shall be issued to and be served on the Registrar.

4. The objectives of the University.

The University shall have the following objectives namely;-

(1)to provide instructions in all branches of Music and performing arts and to make provisions for research and advancement of studies in Music and performing arts and dissemination of knowledge thereof.

(2)to function as a high-level teaching, training and research organisation in all forms and genres of Music and performing arts and their studies;

(3)to preserve, foster, popularise and promote the traditional system of Indian Music and performing arts with an emphasis on various forms of Music and performing arts practiced in Karnataka;

(4)to highlight the wisdom contained in Music performing arts and above mentioned disciplines and their relevance to the modern world;

(5)to make Music and performing arts popular among all the folks of the society;

(6)to prepare, consolidate, revive, promote, translate, publish all forms and genres in Music, performing arts and ancient manuscripts in Kannada and other languages;

(7)to regularize the study of all forms of Music, performing arts.

(8)to foster and formulate programmes and their relevance and significance of Music and performing arts in the modern scientific technological days and to strengthen the rich tradition and heritage of Music and dance;

(9)to establish the Museum, Archieves and Library pertaining to music and performing arts tradition;

(10)to computerize and digitize the entire corpus of manuscripts and music and performing arts texts and also to bring out Research Journals of high standard through the University and its various departments.

(11)to establish high-tech Studio with Audio-Video recording and Photography facilities to record and shoot the music and performing arts live performance and photographs;

(12)to organize music and performing arts concerts, seminars, work-shops, conferences, training programmes with a view to promote awareness and knowledge about the messages carried in ancient music and performing arts traditions;

(13)

(a)to establish directorates for supportive education leading to all forms of Music and performing arts;

(b)to establish distance and online education

(c)to establish a publication department to publish books and works related to music and performing arts.

(14)to establish chairs in various discipline for conducting advanced research and to conduct hobby classes for all sections of the society;

(15)to conduct sangeetha mattu pradarshaka kalegala yatre to create awareness, interest and to popularize music and performing arts;

(16)to experiment music and performing arts as a therapy for health and medical ailments;

(17)to do such acts and other things, whether incidental to the power or aforesaid or not as may be required in order to promote the objectives of the University.

(18)to create a net work of Music and performing arts Institutions and Educational Research Oriented Institutions having similar objectives with reciprocal arrangements and facilities for interaction with the view to foster a synergy of efforts made by all such Universities and Institutions.

(19)to maintain such bodies as are by statutes declared to be the authorities of the University.

(20)to take appropriate measures for promoting Inter-disciplinary studies and research in the University and such other related activities congenial at the University level.

(21)to impart teaching of music and performing arts under Gurukula (ancient traditional) system and Modern (Contemporary academic) system. Gurukula system will have the faculty of veteran musicians and maestros.

5. Powers of the University.

The University shall have the following powers, namely;

(1)to institute degrees, diploma and other academic distinctions;

(2)to confer degrees, diploma and other academic distinctions on persons who shall have carried out research in the University or in any other Institution or Centre recognised by the University under conditions prescribed irrespective of their religion, race, creed, caste, sex or class or any of them;Explanation:For the purpose of this clause and other provisions of this Act, institution or centre recognised by the University shall mean an institution or a centre situated in India or in other countries, recognised by the University for the purpose of furthering the objectives of the University; after obtaining due permission from the concerned authorities.

(3)to confer honorary degrees or other academic distinctions in the prescribed manner and under conditions prescribed;

(4)to supervise and control hostels and to regulate and enforce discipline among the students of the University and to make arrangements for promoting their health and general welfare;

(5)to prescribe conditions under which the award of any degree, diploma and other academic distinctions to persons may be withheld;

(6)to Co-operate with any other University, authority or association or any other public or private body having in view the promotion of purposes and objects similar to those of the University for such purpose as may be agreed upon, on such terms and conditions, as may, from time to time, be prescribed;

(7)to establish and maintain University libraries, research stations, museums for research and publication bureau;

(8)to institute research posts and to appoint persons to such posts;

(9)to institute and award fellowships, including traveling fellowships, scholarships, medals and prizes in the manner prescribed;

(10)to accept, hold, and manage any endowments, donations or funds which may have become vested in the University by grant, testamentary disposition or otherwise and invest such endowments, donations or funds in any manner that may deemed fit.Provided that no donations from a foreign country, foreign foundation or from any person in such a country shall be accepted by the University save with the approval of the State Government;

(11)to establish maintain or recognise hostels for students of the University and residential accommodation for the staff of University and to withdraw any such recognitions;

(12)to fix fees and to demand and receive such fees as may be prescribed;

(13)to hold and manage endowments and other properties and funds of the University;

(14)to borrow money with the approval of the Government on the security of the property of the University for the purpose of the University;

(15)to enter into agreement with other bodies or persons for the purpose of promoting the objects of the University including the assuming of the management of any institution under them and the taking over of the rights and liabilities:

6. Admission to the University.

(1)The University shall subject to the provisions of this Act and the Statutes, be open to all persons.

(2)Nothing contained in sub-section (1) shall require the 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 University any student whose academic record is below the minimum standard required for the award of a degree, diploma or other academic distinction; or

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

7. Jurisdiction of the university.

The jurisdiction of the university shall extend to the whole of the State of Karnataka.

8. Inspection.

(1)The Chancellor shall have the right to cause an inspection or inquiry to be made, by such person or persons as he may direct, of the University, its buildings, University libraries, museums and equipments, and of any institutions maintained or recognised by the University and also of the research, teaching and other work conducted or done by the University, and to cause an inquiry to be made in respect of any matter connected with the University. The Chancellor shall in every case give notice to the University of his Intention to cause such inspection or inquiry to be made and the University shall be entitled to be represented there at.

(2)The Chancellor shall communicate to the Syndicate his views with reference to the results of such inspection or inquiry and may after ascertaining the opinion of the Syndicate thereon advise the University upon the action to be taken and fix a time limit for taking such action.

(3)The Syndicate shall report to the Chancellor, the action, if any which is proposed to be taken, or has been taken upon the results of such inspection or inquiry., such report shall be submitted within such time as the Chancellor may direct.

(4)Where the Syndicate does not take action to the satisfaction of the Chancellor within the time limit as may be fixed under sub-section (2) the Chancellor may, after considering any explanation furnished or representation made by the Syndicate, issue such directions as he may think fit and the Syndicate shall comply with such directions. In the event of the Syndicate not complying with such directions within such time as may be fixed in that behalf by the Chancellor, the Chancellor shall have power to appoint any person or body to comply with such directions and make such orders as may be necessary for the expenses thereof.

(5)The State Government may by order published in the official Grazette annul any order, notification, resolution or any proceedings of the University, which in its opinion is not in conformity with the provisions of this Act, or the Statutes, Regulations, or Ordinances or is otherwise inconsistent with the policy of the State Government:Provided that before making any such order, the State Government shall afford an opportunity to the University.

(6)Every order passed under sub-section (1) shall as soon as it is passed by laid before both the Houses of State Legislature.

Chapter III
Officers of The University

9. Officers of the University.

The University shall consist of the following Officers, namely:-

(1)The Chancellor,

(2)The Pro-Chancellor,

(3)The Vice-Chancellor,

(4)The Dean of Faculties,

(5)The Registrar,

(6)The Finance Officer, and

(7)Such other persons as may be declared by the statutes to be officers of the University.

10. The Chancellor.

(1)The Governor of Karnataka shall be the Chancellor of the University. He shall by virtue of his office be the head of the University and shall when present, preside at any convocation of the University and confer degrees; diploma or other academic distinctions upon persons entitled to receive them.

(2)Where power is conferred upon the Chancellor to nominate persons to the authorities, the Chancellor shall to the extent necessary, nominate persons to represent interests not otherwise adequately represented.

(3)The Chancellor may on his own motion or on application call for and examine the record of any officer or authority of the University- in respect of any proceedings to satisfy himself as to the regularity of such proceedings or the correctness, legality or propriety of any decision taken or order passed therein; and, if, in any case it appears to the Chancellor that any such decision or orders shall be modified; annulled, revised or remitted for reconsideration he may pass orders accordingly:Provided that every application to the Chancellor for the exercise of the powers under this section shall be preferred within three months from the date on which the proceedings, decision or order to which the application relates was communicated to the applicant:Provided further that no order prejudicial to any person shall be passed unless such person has been given an opportunity of making his representation.

(4)The Chancellor shall exercise such other powers and perform such other duties as may be conferred on him by or under this Act.

11. The Pro-Chancellor.

(1)The Minister in charge of the Higher Education in the State of Karnataka shall - be the Pro-Chancellor of the University.

(2)The Pro-Chancellor shall exercise such powers and perform such duties as may be conferred on him by or under this Act.

12. The Vice-Chancellor.

(1)The Vice-Chancellor shall be a whole time officer of the University.

(2)The State Government shall constitute a Search Committee consisting of three persons of whom one shall be nominated by the Chancellor, one by the University Grants commission and one by the State Government. The nominee of the State Government shall function as the Chairman of the Committee. The Secretary to Government, in charge of the Higher Education Department, or his nominee not below the rank of the Deputy Secretary to Government shall be the convener of the Search Committee.

(3)No person connected with the affairs of the State Government, the University or any college or institution affiliated to the University shall be nominated as the member of the Search Committee.

(4)The Search Committee shall submit to the State Government a panel of three persons who are eminent academicians in the field of music or performing arts, in the alphabetical order. The State Government shall forward the panel to the Chancellor who shall keeping in view merit, equity and social justice and with the concurrence of the State Government, appoint one person from the panel as the Vice Chancellor:Provided that the Chancellor may with the concurrence of the State Government call for a second panel if he considers it necessary and the Search Committee shall submit a second panel which shall be final.

(5)No person shall be appointed or hold office of the Vice-Chancellor if he has attained the age of sixty five years.

(6)The Vice-Chancellor shall, subject to the pleasure of the Chancellor and the provisions of sub-section (5) hold the office for a period of four years. He shall not be eligible for reappointment, for a second term.

(7)The Vice-Chancellor shall not be removed from his office except by an order of the Chancellor passed on the ground of willful omission or refusal to carry out the provisions of this Act or for abuse of the powers vested in him and on the advice tendered by the State Government on consideration of the report of an inquiry ordered by it under sub-section (8).

(8)For the purposes of holding an inquiry under this section the State Government shall appoint a person who is or has been a Judge of the High Court or the Supreme Court. The inquiry authority shall hold the inquiry after giving an opportunity to make representation by the Vice-Chancellor and shall submit a report to the State Government on the action to be taken including penalty, if any, to be imposed, and the State Government shall on consideration of the report advise the Chancellor. The Chancellor shall act in accordance with such advice, as far as may be, within six months.

(9)The emoluments and other conditions of service of the Vice-Chancellor shall be such as may be determined by the Chancellor and shall not be varied to his dis-advantage after his appointment as Vice-Chancellor. In the event of a Vice-Chancellor retiring on superannuation during his tenureship as Vice-Chancellor, his conditions of service already determined shall continue to be in vogue. All his pensionary benefits shall be kept in abeyance which shall be released after his demitting the office of the Vice-Chancellor.

(10)If a retired person is appointed as Vice-Chancellor, the terms and conditions of service upon his appointment as Vice-Chancellor including emoluments shall be determined by the Chancellor. The emoluments shall be reduced by the amount of pension and allowances drawn by him

(11)If a Professor in the service of a University in the State is appointed as Vice-Chancellor, his terms and conditions of service as Professor shall not be revised to his dis-advantage during his tenure as Vice-Chancellor and he shall retain his lien in his post.

13. Powers and duties of the Vice-Chancellor.

(1)The Vice-Chancellor shall be the academic head and the principal executive officer of the University and shall in the absence of the Chancellor and Pro-Chancellor, preside at any convocation of the University and confer degrees, diploma or other academic distinctions upon persons entitled to receive them. He shall be a member ex-officio and Chairman of the Syndicate, the Academic Council and the Finance Committee and shall be entitled to be present at and to address any meeting of any authority of the University but shall not be entitled to vote there at unless he is a member of the authority concerned.

(2)It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act and the Statutes are observed and carried out and he may exercise all powers necessary for this purpose.

(3)The Vice-Chancellor shall have power to convene meeting of the Syndicate, the Academic Council and the Finance Committee.

(4)

(a)The Vice-Chancellor shall have power to take action on any matter and shall by order take such action as he may deem necessary but shall, as soon as may be there after report the action taken to the officer or authority or body who or which would have ordinarily dealt with the matter:

Provided that no such order shall be passed unless the person likely to be affected, has been given a reasonable opportunity of being heard;

(b)When action taken by the Vice-Chancellor under this sub-section affects any person in the service of the University, such person shall be entitled to prefer an appeal to the Syndicate within thirty days from the date on which he receives notice of such action. The Vice-Chancellor shall give effect to the order passed by the Syndicate on such appeal.

(5)The Vice-Chancellor shall give effect to the orders of the Syndicate regarding the appointment, suspension and dismissal of the teachers and other employees of the University.

(6)The Vice-chancellor shall exercise control over the affairs of the University and shall be responsible for the due maintenance of discipline in the University.

(7)The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed.

14. Deans of Faculties.

(1)Every Dean shall be appointed by the Vice-Chancellor from among the professors in the Faculty for a period of three years and he shall be eligible for re-appointment.Provided that if at any time there is no professor in a faculty, the Vice-Chancellor shall exercise the powers of the Dean of the Faculty.

(2)When the office of the Dean is vacant or when the Dean is by reason of illness, absence or any other cause unable to perform the duties of his office, the duties of his office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(3)The Dean shall be Head of the Faculty and shall be responsible for the conduct and maintenance of the standards of research in the Faculty. The Dean shall have such other functions as may be prescribed.

(4)The Dean shall have the right to be present and to speak at any meeting of any Board of the Studies or Committee of the Faculty as the case may be, but shall not have the right to vote there at unless he is a member there of.

15. The Registrar.

(1)The Registrar shall be a whole time Officer of the University. The Government may appoint an Officer belonging to the Karnataka Administrative Services of senior scale and above to be the Registrar of a University.

(2)The Registrar shall be the Ex-officio Member Secretary of the Syndicate and the Academic Council and member of the Finance Committee.

(3)The Registrar may be assisted by one or more Deputy Registrars and Assistant Registrars.

16. Powers and Duties of the Registrar.

(1)

(a)The Registrar shall have power to take disciplinary action against such of the employees excluding teachers and the academic staff as may be specified in the orders of the Syndicate and to suspend them pending inquiry, to administer warnings to them or to impose on them penalty of censure or withholding of increments.

Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

(b)An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalty specified in clause (a).

(c)In any case, where the inquiry discloses that punishment beyond the powers of the Registrar is called for, the Registrar shall upon conclusion at the inquiry make a report to the Vice-Chancellor along with his recommendations.

Provided that an appeal shall lie to the Syndicate against an order of the Vice-Chancellor imposing penalty.

(d)No appeal under clause (b) or clause (c) shall be preferred after the expiry of sixty days from the date on which the order appealed against was received by the appellant.

(2)The Registrar shall be the Member Secretary of the syndicate, the Academic Council , the Faculties and the Boards of Studies.

(3)It shall be the duty of the Registrar,-

(a)to be the custodian of the records, the common seal and such properties of the Universities as the Syndicate shall commit to his charge.

(b)to issue all notices convening meetings of the Syndicate, the Academic Council, the Faculties, the Boards of Studies and of any Committee appointed by the authorities of the University.

(c)to keep the minute of all the proceedings of the meetings of the Syndicate, Academic Council, the Faculties, the Boards of Studies and of any committee appointed by the authorities of the University.

(d)to conduct the official correspondence of the Syndicate .

(e)to supply to the Chancellor and to the State Government copies of the agenda of the meetings of the Authorities of the University as soon as they are issued and the minutes of the meeting within a month of holding of the meeting; and

(f)to exercise such other powers and perform such other duties as may be prescribed in the statutes or as may be required from time to time, by the Syndicate or the Vice-Chancellor.

(4)When the Office of the Registrar is vacant or when the Registrar is by reasons of illness absence or for any other reason is unable to perform the duties of this office the duties of the Registrar shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

17. The Finance Officer.

The Finance Officer not below the rank of an Assistant Controller of State Accounts Department shall be a whole time Officer of the University appointed by the State Government for such period as may be specified by the Government in this behalf and the terms and conditions of Services of the Finance Officer shall be as specified by the Government.

18. Terms and conditions of the service of the Finance Officer.

(1)The emoluments and other terms and conditions of service of the Finance Officer shall be such as may be prescribed. The Finance Officer shall retire on attaining the age of sixty years or on the expiry of the period specified by the Government in section 17, whichever is earlier:Provided that the Finance Officer shall notwithstanding his attaining the age of sixty years continue in office until his successor is appointed and enters upon his Office or until the expiry of the period of one year, whichever is earlier.

(2)When the office of the Finance Officer is vacant or when the Finance Officer is by reason of illness, absence or by any other reason unable to perform the duties of his office, the duties of the Finance Officer shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(3)The Finance Officer shall be the ex-officio Secretary of the Finance Committee, but shall not be deemed to be member of the Committee.

(4)

(a)The Finance Officer shall exercise general supervision over the funds of the University and shall advice the University as regards its financial policy; and

(b)Exercise such other powers and perform such other functions as may be prescribed.

Provided that the Finance Officer shall not incur any expenditure or make any investment exceeding such amount as may be prescribed without the previous approval of the Syndicate.

(5)Subject to the control of the Syndicate, the Finance Officer, shall.-

(a)hold and manage the property and investments of the University including trust and endowed property.

(b)ensure that the limits fixed by the Syndicate, for recurring and non-recurring expenditure for a year are not exceeded and all the moneys are expended for the purpose for which they are granted or allotted.

(c)be responsible for the preparation of Annual accounts, Financial Estimates and the Budget of the University and for their presentation to the Syndicate.

(d)keep a constant watch on the cash and bank balance and of investments.

(e)watch the progress of the collection of revenue and on the methods of collection to be employed.

(f)ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and stock-checking is conducted on equipments and other consumable materials in all offices and other places maintained by the University.

(g)bring to the notice of the Vice-Chancellor any un-authorised expenditure or other financial irregularity and suggest appropriate action to be taken against persons at fault; and

(h)call from any office of other place maintained by the University information or returns that he may consider necessary for the performance of his duties.

(6)The receipts of the Finance Officer or of the person or persons duly authorised in this behalf by the Syndicate for any money payable to the University shall be sufficient discharge for payment of such money.

Chapter IV
Authorities of The University

19. Authorities of the University.

The Authorities of the University shall be the Syndicate, the Academic Council, the faculties, the Finance Committee, the Boards of studies and such other authorities as may be declared by the statutes to be authorities of the University.

20. The Syndicate.

The Chancellor shall as soon as may be after the first Vice Chancellor appointed constitute the Syndicate which shall consist of the following persons, namely:-

(a)The Vice-Chancellor

(b)The Secretary to Government in charge of Higher Education or his nominee

(c)The Secretary to Government in charge of Finance Department or his nominee

(d)The Secretary to Government in charge of Kannada and Culture Department, or his nominee

(e)Chairman, University Grants Commission or his nominee

(f)Director General, Archaeology, Government of India

(g)Two members nominated by the Chancellor from among eminent educationists in the field of music, performing arts, and other related professions of whom one shall be a woman;

(h)Six persons nominated by the State Government from amongst eminent music and performing artists, educationists or awardees in music and performing arts, or persons from other professions of whom.-

(i)one shall be a person belonging to the Scheduled Castes or the Scheduled Tribes;

(ii)one person belonging to the Other Backward Classes;

(iii)One Woman;

(iv)One person belonging to Religious Minorities, and

(v)Two others,

Provided that no person who is in the employment of a constituent college or in the University in whatever capacity shall be eligible for nomination.

(i)One member each of the Karnataka Legislative Assembly and Karnataka Legislative Council elected respectively from amongst themselves.

21. Term of office.

(1)Any member nominated to any of the authorities under this Act shall hold office during the pleasure of the nominating authority concerned. Any person nominated to any of the authorities under this Act shall not be eligible for being nominated or elected for a second term:Provided that where a nominated member of the Syndicate is appointed temporarily to any of the offices by virtue of which he is entitled to be a member of the Syndicate, ex-officio, he shall by notice in writing signed by him and communicated to the Vice-Chancellor within seven days of his taking charge of his appointment choose whether he shall continue to be a member of the Syndicate by virtue of his nomination or whether he shall vacate office as such member and become a member ex-officio by virtue of his appointment and the choice shall be conclusive, on failure to make such choice he shall be deemed to have vacated his office as a nominated member.

(2)When a person ceases to be a member of the Syndicate, he shall cease to be a member of any other authority of the University of which, he happens to be a member by virtue of his membership to the Syndicate.

(3)The member of the Syndicate shall not be entitled to receive any remuneration from the University except such daily and traveling allowance as have been permitted:Provided that nothing contained in sub-section (3), it shall preclude any member from drawing his normal emoluments to which he is entitled by virtue of the office he holds.

(4)A member of the Syndicate other than an ex-officio member may tender resignation of his membership at any time before the term of his office expires. Such resignation shall be conveyed to the Chancellor by a letter in writing by the member and resignation shall take effect from the date of its acceptance by the Chancellor.

(5)Any member nominated to any of the authorities shall be liable to be removed from such membership at any time by the Chancellor on the ground of mis behaviour, misconduct or otherwise after holding an enquiry;

22. Powers of the Syndicate.

The Syndicate shall review the administrative policies, programmes and functioning of the University subject to the other provisions of this Act and shall have the following powers and functions, namely:-

(1)to review from time to time the administrative policies and programmes and functioning of the University and to suggest measures for the improvement of the University;

(2)to advice the Chancellor in respect of any matter which may be referred to it for advice; and

(3)to Co-operate with other Universities, other academic authorities and colleges in such manner and for such purposes as it may determine;

(4)to provide for research, advancement and dissemination of knowledge in music, performing arts.

(5)to institute lectureship, readerships, professorship and any other teaching, or research posts required by the University;

(6)to institute degrees, diploma and other academic distinctions;

(7)to confer degrees, diploma and other academic distinctions on persons who shall have carried on research under conditions prescribed;

(8)to confer honorary degrees or other distinctions on the recommendation of not less than two-thirds of the members of the Syndicate;

(9)to institute fellowships, traveling fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes and to award the same in accordance with the statutes.

(10)to consider and take such action as it may deem fit on the annual report, the annual accounts and the financial estimates;

(11)to enter into any agreement with the Central or any State Government or with a private management for assuming the management of any institution and for taking over its properties and liabilities or for any other purposes not repugnant to the provisions of this Act;

(12)to hold control and administer the properties and funds of the University;

(13)to direct the form, custody and use of the common seal of the University;

(14)to regulate and determine all matters concerning the University in accordance with this Act and the Statutes;

(15)to administer all properties and all funds placed at the disposal of the University for specific purposes;

(16)

(a)to appoint the University Lecturers, University Readers, University Professors, University Researchers and the teachers of the University, fix their emoluments; if any, define their duties and the conditions of their services and provide for filling up of temporary vacancies; 15

(b)to make statute specifying the mode of appointment of administrative and other similar posts and fix their emoluments if any, define their duties and the conditions of their services and provide for filling up of temporary vacancies;

(17)to suspend and dismiss the University Lecturers, University Readers, University Professors, University Researchers and the teachers and other employees of the University;

(18)to accept, on behalf of the University endowments, bequests, donations, grants and transfers of any movable and immovable properties made to it;

(19)

(a)to raise, on behalf of the University, loans from the Central or any State Government or the University Grants Commission or the public or any corporation owned or controlled by the Central or any State Government,

(b)to borrow money with the approval of the Government on the security of the property of the University for the purpose of the University;

(20)to arrange for and direct the inspection of hostels;

(21)to exercise such other powers and perform such other functions as may be prescribed by the statutes.

(22)to make statutes or amend or repeal the statutes;

23. Meeting of the Syndicate.

(1)The Syndicate shall meet at least three times in every year on dates to be fixed by the Vice-Chancellor. One of such meetings shall be called the annual meeting. The Syndicate may also meet at such other times as it may, from time to time determine.

(2)One-third of the total strength of the members of the Syndicate shall be the quorum required for a meeting of the Syndicate:Provided that such quorum shall not be required at a convocation of the University or a meeting of the Syndicate held for the purpose of conferring degrees, diplomas or other academic distinctions.

(3)The Chancellor may whenever he thinks fit, and shall upon a requisition in writing signed by not less than fifty percent of the total members of the Syndicate convene a special meeting of the Syndicate.

24. The Academic Council.

(1)The chancellor shall as soon as may be after the first Vice-Chancellor appointed constitute the Academic Council.

(2)The Academic Council shall in addition to the Vice- Chancellor, consist of the following members, namely:-

(a)The Secretary to Government in charge of Higher Education Department;

(b)The Secretary to Government in charge of Finance Department;

(c)The Secretary to Government in charge of Kannada and Culture;

(d)The Director of Kannada and Culture;

(e)The Deans of faculties;

(f)Eight persons nominated by the Government who are known for their outstanding contribution in the field of Vocal Music and performing arts Instrumental Music and Musicology of whom one member shall belong to Scheduled Caste, one shall belong to Scheduled Tribe, one shall be a woman, one shall belong to minorities based on religion and one shall belong to Backward Classes specified by the Government.

(3)The Vice-Chancellor shall be the ex-officio Chairman of the Academic Council.

(4)In case, the Secretary to Government in charge of Education or the Secretary to Government in charge of Finance or the Secretary to Government in charge of Kannada and Culture, unable to attend the meetings of the Academic Council for any reason, he may depute any officer of his department not below the rank of a Deputy Secretary to Government.

(5)Any member nominated to any of the authorities under this Act shall hold office during the pleasure of the nominating authority concerned. Any person nominated to any of the authorities under this Act shall not be eligible for being nominated or elected for a second term:Provided that, where a nominated member of the Academic Council is appointed temporarily to any of the office by virtue of which he is entitled to be a member of the Academic Council he shall by notice in writing signed by him and communicated to the Vice-Chancellor within seven days from the date of his taking charge of his appointment choose whether he shall continue to be member of the Academic Council by virtue of his nomination or he shall vacate office as such other member and become a member ex-officio by virtue of his appointments and the choice shall be conclusive. On failure to make such a choice he shall be deemed to have vacated his office as a nominated member.

(6)When a person ceases to be a member of the Academic Council, he shall cease to be member of any of the authorities of the University of which he may happen to be a member by virtue of his membership to the Academic Council.

(7)The members of the Academic Council shall not be entitled to receive any remuneration from the University except such daily and traveling allowances as may be prescribed:Provided that nothing contained in this sub-section shall preclude any member from drawing his normal emoluments to which he is entitled by virtue of the office he holds.

(8)A member of the Academic Council, other than ex-officio member, may tender resignation of his membership at any time before the term of his office expires. Such resignation shall be conveyed to the Chancellor by a letter in writing by the member and the resignation shall take effect from the date of its acceptance by the Chancellor.

25. Powers of the Academic Council.

The Academic Council, shall have the following powers, namely:-

(1)to prescribe the qualification of the teachers;

(2)to charge and collect such fees as may be prescribed;

(3)to regulate the admission of the students to the University in accordance with statutes;

(4)to appoint members to the Boards of Studies;

(5)

(a)to appoint referees and examiners after consideration of the recommendations of the Boards as per procedures laid down in the statutes;

(b)to fix their remunerations;

(6)to supervise and control the residence and discipline of the University and make arrangements for ensuring their health and well-being;

(7)to institute and manage libraries, museums, institutions of research and, other institutions established or maintained by the University;

(8)to manage hostels instituted by the University;

(9)to Manage any publication Bureau instituted by the University;

(10)to promote research within the University and to obtain reports from time to time of such research;

(11)to regulate matter relating to academic matters;

(12)to regulate the courses of study;

(13)to regulate the scheme of examinations and conditions on which the students shall be admitted to the examinations, degrees, diplomas, certificates or other academic distinctions;

(14)to regulate declaration of the results of the various University examinations;

(15)to regulate Co-ordinating study and teaching in colleges and in recognised institutions;

(16)to formulate schemes for promoting research within the University and for promoting other specialized studies;

(17)to make proposals for allocating subjects to the Faculties and to assign its own members to the Faculties;

(18)to determine the criteria for grant of exemptions relating to the admission of students to examinations;

(19)to make proposals for the institution of Professorships, Readerships, Lectureships and other posts of teachers required by the University and for prescribing the duties for such posts;

(20)to make proposals for institution and award of fellowships, traveling fellowships, scholarships, studentships, or exhibitions;

(21)to regulate prescribing equivalence of examinations;

(22)to regulate granting exemptions from approved courses of study in the University to qualify for degrees, diplomas and other academic distinctions;

(23)to provide for instruction, teaching and training in such branches of learning and courses of study as may be appropriate for research and for the advancement and dissemination of learning;

(24)to make provisions to enable recognized institutions to undertake specialization of studies;

(25)to exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act or the statutes;

(26)to delegate any of its powers to the Vice-Chancellor or to a committee from among its own members in accordance with the statutes;

26. Meeting of the Academic Council.

(1)The Academic Council shall meet at such time and places and shall, subject to the provisions of sub-sections (2) and (3) observe such rules of procedure in regard to transaction of business at its meeting including the quorum at meeting, as may be prescribed:Provided that the Academic Council shall meet at least once in every three months.

(2)The Vice-Chancellor or in his absence any member chosen by the members present, shall preside at a meeting of the Academic Council.

(3)All questions at any meeting of the Academic Council shall be decided by a majority of the votes of the members present and voting and in the case of an equality of votes, the Vice- Chancellor or the member, presiding, as the case may be shall have and exercise a second or casting vote.

(4)

(a)The Academic Council may, for the purpose of consultation, invite any person having special knowledge of practical experience in any subject under consideration attend to any meeting, such person may speak in and otherwise take part in the proceedings of this meeting but shall not be entitled to vote;

(b)The person so invited shall be entitled to such daily and traveling allowances as are admissible to a member of the Academic Council.

27. Constitution and functions of Faculties.

(1)The University shall have the Faculties of Vocal Music, Instrumental Music and performing arts and Musicology and such other Faculties as may be prescribed by the statutes.

(2)The constitution and functions of the faculties shall in all other respects, be such as may be prescribed.

(3)Each Faculty shall comprise such departments of teaching as are specified in the first statutes.

28. Finance Committee.

(1)The Finance Committee shall consist of the following members, namely:-

(a)The Vice-Chancellor

(b)The Secretary to Government in charge of Finance.

(c)The Secretary to Government in charge of Education.

(d)Two members nominated by the Academic Council from amongst its members, of whom one shall be a professor and one shall be person nominated to the Academic Council by the Chancellor.

(2)If for any reason the officer referred to in clause (b) or clause (c) of sub-section(l) is unable to attend any meeting of the Finance Committee, he may depute any officer of his department not below the rank of a Deputy Secretary to Government to attend such meeting. The officer or person deputed shall have the right to take part in the discussions of the committee and shall have the right to vote.

(3)The Vice-Chancellor shall be the Ex-Officio Chairman and the Finance Officer shall be the Ex-officio Secretary of the Finance Committee.

(4)All members of the Finance Committee other than the ex-officio members shall hold office for a period of three years.

(5)The Finance Committee shall meet at least once in three months to examine the accounts and to scrutinize proposals for expenditure.

(6)The Annual accounts of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and there after submit to the Syndicate for approval.

(7)The Finance Committee shall recommend limits for the total recurring expenditure and the total non- recurring expenditure for the year based on the income and resources of the University, which, in the case of productive works may include the proceeds of loans.

(8)The Finance Committee shall,-

(a)review the financial position of the University from time to time;

(b)make recommendations to the Academic Council in every proposal involving investment or expenditure for which no provisions has been made in the Annual Financial Estimates or which involves expenditure in excess of the amount provided for in the Annual Financia1 Estimates;

(c)Prescribe the methods and procedure and forms for maintaining the accounts of the University.

(d)made recommendations to the Academic Council on all matters relating to the finances of the University, and

(e)Perform such other functions as may be prescribed.

(9)The Financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments. The said estimates as modified by the Finance Committee shall be then laid before the Academic Council for consideration. The Academic Council may accept the modification made by the Finance Committee.

29. The Boards of Studies.

There shall be Boards of Studies attached to each Department of teaching. The constitution and powers of the Boards of Studies shall be such as may be prescribed by the statutes.

30. Constitution of other authorities.

The Constitution of such other bodies as may be declared by the statutes to be authorities of the University shall be provided for in the manner prescribed.

31. Disqualification of Membership.

(1)A person shall be disqualified for nomination as a member of any of the authorities of the University, if on the date of such nomination he is,-

(i)of unsound mind;

(ii)adjudicated as an undischarged insolvent;

(iii)convicted by a criminal court to imprisonment for any offence involving moral turpitude;

(2)In case of dispute or doubt, as regards disqualification the Syndicate shall determine whether a person is disqualified or not under sub- section (1) and its decision shall be final.

(3)Any member nominated to any of the authorities under this Act shall hold office during the pleasure of the nominating authority concerned.

(4)Any member nominated to any of the authorities shall be liable to be removed from such membership at any time by the Chancellor on the ground of mis behaviour, misconduct or otherwise after holding an enquiry:Provided that any member of the Syndicate and the academic council shall cease to hold the membership on attainment or superannuation.

32. Disqualification for nomination to Syndicate and the Academic Council in certain cases.

(1)Notwithstanding anything contained in section 20 or 24 no person who has held office as a member for a total period of six years in any one or both of the following authorities, namely:

(a)the Syndicate; and

(b)the Academic Council shall be eligible for nomination to any of the said two authorities;

Explanation:For the purpose of computing the total period of six years referred to in this sub-section, the period of three years during which a person held office in one authority by nomination and the period of three years during which he held office in another authority by nomination shall be taken into account and accordingly such person shall not be eligible for nomination to any one of the said two authorities;Provided that for the purposes of this sub-section, if a person is nominated to one authority and such person becomes a member of another authority by virtue of the membership in the first mentioned authority, the period for which he has held office in first mentioned authority alone shall be taken into account.

(2)Nothing in sub-section (1), shall have application in respect of,-

(a)Members referred to in section 20 other than the members of the Syndicate referred to in item(g); and

(b)Members referred to in clauses (a) to (f) of sub-section (2) of section 24.

33. Filling of casual vacancies.

All casual vacancies among the members, other than ex-officio members of any authority or other body of the University shall be filled as soon as conveniently may be, by the person or body who or which nominated the member whose place has become vacant and the person so nominated to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member:Provided that no casual vacancy shall be filled, if such vacancy occurs within six months before the date of the expiry of the term of the members of any authority or other body of the University.

34. Proceedings of the university authorities and bodies not invalidated by vacancies.

No act or proceeding of any authority or other body of the University shall be invalidated merely by reason of the existence of any vacancy or of any defect or irregularity in the appointment of a member of any authority or other body of the University or of any defect or irregularity in such act or proceeding not affecting the merits of the case or on the ground only that the Syndicate did not meet thrice in any year.

35. Removal From membership of the university.

(1)The Syndicate may remove by an order in writing made in this behalf any person from membership of any authority of the University by a resolution passed by a majority of the total membership of the Syndicate and by a majority of not less than two thirds of the members of the Syndicate present and voting at the meeting, if such person has been convicted by a criminal court for an offence which in the opinion of the Syndicate involves moral turpitude or if he has been guilty of gross misconduct and for the same reason, the Syndicate may withdraw any degree or diploma conferred on or granted to that person by the University.

(2)The Syndicate may also by an order in writing made in this behalf, remove any person from membership of any authority of the University if he becomes of unsound mind, deaf, mute or suffers from leprosy or has applied to be adjudicated or has been adjudicated 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 passed under sub-section (1) or sub- section (2), as the case may be, shall as soon as may be, after it is so passed be communicated to the person concerned in the manner prescribed.

36. Disputes as to constitution of university authorities and bodies.

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

37. Constitution of committees.

All the authorities of the University shall have power to constitute or reconstitute committees and to delegate to them such of their powers as they deem fit. Such Committees shall save as otherwise provided, consist of members of the authority concerned and of such other persons, if any as the authority in each case may think fit.

Chapter V
Statutes

38. Statutes.

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

(1)The holding of convocation to confer degrees;

(2)The conferment of honorary degrees and academic distinctions;

(3)The constitution; powers and functions of the authorities of the University;

(4)The manner of filling vacancies among members of the authorities of the University;

(5)The allowances to be paid to the members of the authorities and committees thereof;

(6)The authentication of the orders or decisions of the authorities;

(7)The procedure at the meetings of the authorities including the quorum for the transaction of business at such meetings;

(8)The formation of departments of research of the University;

(9)The terms of office and methods of appointment and conditions of service of the officers of the University other than the Chancellor and the Pro-Chancellor;

(10)The qualifications of the teachers and other persons employed by the University;

(11)The classifications, the method of appointment and determination of the terms and conditions of service of teachers and other persons employed by the University;

(12)The institution of pension, gratuity, insurance or provident fund for the benefit of the officers, teachers and other persons employed by the University;

(13)The institution of fellowships, traveling fellowships, scholarships, studentships, bursaries exhibitions, medals and prizes and the conditions of award there of;

(14)The establishment and maintenance of the halls of residence and hostels;

(15)The conditions for the residence for students of the University and the halls of residence and the hostels maintained by the University and the levy of fees and other charges for such residence;

(16)A delegation of powers vested in the authorities on the officers of the University;

(17)Admission of students to the University;

(18)The conditions and mode of appointment and duties of examining bodies and examiners;

(19)The conditions of maintenance of the disciplines among the students of the University;

(20)The fees to be charged for research; and

(21)Any other matter which is required to be or may be prescribed by the statutes.

39. The Statutes, how made.

(1)The Syndicate may, from time to time, make Statutes and amend or repeal them in the manner here after provided in this section.

(2)The Academic Council or the Vice Chancellor may propose to the Syndicate the draft of any Statutes or of any amendments to or of repeal of a Statutes to be passed by the Syndicate and such draft shall be considered by the Syndicate at it’s next meeting:Provided that the Vice Chancellor shall not propose any amendment to any Statutes affecting the powers and constitution of any authority of the University, until such authority has been given an opportunity of expressing its opinion, and the opinion, so expressed shall be considered by the Syndicate.

(3)The Syndicate may consider the draft proposed by the Academic Council or the Vice Chancellor under sub-section (2) and may either pass the draft or reject or return it with or without amendments to the Academic Council or the Vice Chancellor, as the case may be, for reconsideration.

(4)

(a)Any member of the Syndicate may propose to the Syndicate the draft Statutes or amendment to, or repeal of a Statutes and the Syndicate, may either accept or reject the draft if it relates to matter not falling within the purview of the Academic Council.

(b)In case such draft relates to a matter within the purview of the Academic Council, the Syndicate shall refer it for consideration to the Academic Council which may either report to the Syndicate that it does not approve the draft or submit the draft to the Syndicate in such form as the Academic Council may approve and the Syndicate may either pass with or without amendment or reject the draft.

(5)The syndicate shall obtain the opinion of the Finance Committee in respect of such of the statutes involving financial implications.

(6)The syndicate if it thinks necessary may also obtain the opinion of any officer, authority or body of the University in regard to the draft of the Statutes before taking it up for consideration.

(7)Every Statute passed by the Syndicate shall be transmitted to the State Government for submission to the Chancellor for assent with its specific recommendations.

(8)The State Government shall on receipt of the draft Statutes submit such draft Statutes along with its comments and specific recommendations to the Chancellor within two months from the date of its receipt and the Chancellor may within two months of the date of receipt of the draft Statutes from the State Government assent or withhold his assent thereto or refer it to the Syndicate for further consideration.

(9)The Statutes passed by the Syndicate shall not be given effect to until it is assented by the Chancellor.

40. The Regulations.

(1)The Academic Council may make Regulations consistent with this Act, the Regulation providing for exercising all or any of the powers enumerated and particularly for the following matters, namely:-

(a)admission of students to the University;

(b)recognition of examinations and degrees of other Universities as equivalent to the examinations and degrees of the University;

(c)the University courses and examinations and conditions on which students of the University or other university institutions shall be admitted to examinations or degrees, diplomas and other certificates of the University;

(d)grant of exemptions; and

(e)any other matters which are required to be or may be regulated by regulations.

(2)All Regulations passed by the Academic Council shall be sent to the State Government for submission to the Chancellor for approval. The State Government shall transmit the Regulations within two months from the date of receipt thereof from the University to the Chancellor with its comments. The Chancellor may within one month from the date of receipt of the Regulations from the State Government either approve them or refer them to the Academic Council for further consideration.

(3)All Regulations shall come into force on the date of their approval by the Chancellor or on such other date as the Chancellor may direct.

Chapter VI
Faculties

41. Faculties and Departments.

There shall be the following faculties comprising the departments under each faculty, as mentioned below:I. FACULTY OF VOCAL MUSIC:This faculty includes the below mentioned departments within it.

(a)Department of Hindustani Classical Vocal Music

(b)Department of Karnataka Classical Vocal Music

II. FACULTY OF INSTRUMENTS

(a)Department of String Instruments

(b)Department of Wind Instruments

(c)Department of Percussion Instruments

(d)Department of Beat Instruments

III. FACULTY OF MUSICOLOGY

(a)Shastra (Theory) Department

(b)Manuscript Department

(c)Audio-Visual Department

(d)Department of Research Methodology

(e)Department of Granth Sampadana

(f)Department of World Musicology

(g)Department of Translation

(h)Department of Museums and Achieves

IV. FACULTY OF DANCE

(a)Department of Bharatanatyam

(b)Department of Kathak

(c)Department of Kuchupudi

(d)Department of Yakshagana and Folk Dance.

V. FACULTY OF PERFORMING ARTS

(a)Department of Costumes

(b)Department of Animation

(c)Department of Humanities

(d)Department of History of Indian Arts and Culture

(e)Department of Folk, Songs, Music and Dance

(f)Department of Translation

(g)Department of Museums and Achieves

VI. FACULTY OF DRAMAVII. Any other Faculties as may be decided by the University.

42. Selection Committees.

(1)There shall be Selection Committee for making recommendation to the Syndicate, for appointment to the posts of Professors, Associate-Professors, Assistant Professors and Librarians of Institute maintained by the University.

(2)The Selection Committee for appointment to the post specified in column (1) of the table below shall consist of the Vice-Chancellor, a nominee of the Government and the persons specified in the corresponding entry; in column (2) of the said table and in the case of appointment of a Professor, Associate-Professor, or Assistant Professor in a department where there is no Head of the Department, shall also consist of a person nominated by the Syndicate from amongst its members.

Professor, Associate Professor	The Head of the Department concerned if he is a Professor. A Dean or a Professor to be nominated by the Vice-Chancellor. Three persons not in the service of the University nominated by the Syndicate for their Special knowledge of, or interest in the subject with which the Professor; Associate-Professor will be concerned.
Assistant Professor	The Head of the Department concerned. One, Professor to be nominated by the Vice Chancellor. Two persons not in the service of the University nominated by the Syndicate for their special knowledge of or interest in the subject with which the Assistant Professor will be concerned.
Librarian	Two persons not in the service of the University who have the special knowledge of the subject of the Library Science or Library Administration to be nominated by the Syndicate. One person not in the service of the University nominated by the Syndicate.

Explanation-I:Where the appointment are being made for an inter-disciplinary project the Head of the project shall be deemed to be the Head of the Department concerned.Explanation-II:The Professor to be nominated shall be the Professor concerned with the specialty for which selection is being made and that the Vice-Chancellor shall consult the Head of the Department and the Dean of Faculty before nominating the Professor.Explanation-III:

(1)At least three out of four or two out of three members as the case may be concerned with the specialty referred to under column (2) shall be present at the Selection Committee meeting.

(2)The Vice-Chancellor shall preside at the meeting of a Selection Committee.

(3)The meeting of a Selection Committee shall be convened by the Vice-Chancellor.

(4)The procedure to be followed by a Selection Committee in making recommendations shall be such as may be prescribed.

(5)If the Syndicate, is unable to accept recommendations made by a Selection Committee, it shall record its reasons and submit the case to the Chancellor for final orders.

(6)Appointments to temporary posts shall be made in the manner indicated below:

(i)If the temporary vacancy is for duration longer than one academic session, it shall be filled on the advice of the Selection Committee in accordance with the procedure, indicated in the foregoing provisions:

Provided that if the Vice-Chancellor is satisfied that in the interest of work, it is necessary to fill the vacancy, the appointment may be made on a temporary basis by a local Selection Committee referred to in sub-clause (ii) for a period not exceeding six months.

(ii)If the temporary vacancy in for period of less than a year, an appointment to such vacancy shall be made on the recommendation of a local Selection Committee consisting of the Dean of the Faculty concerned, the Head of the Department and a nominee of the Vice-Chancellor.

Provided that if the same person holds the office of the Dean and the Head of the Department, the Selection Committee may consist of two nominees of the Vice-Chancellor.Provided further that in case of sudden casual vacancies in teaching posts caused by death or any other reason, the Dean may in consultation with the Head of the Deportment concerned, make a temporary appointment for a month and report to the Vice-Chancellor and the Registrar about such appointment.

(iii)No teacher appointed temporarily shall, if he is not recommended by a regular Selection Committee for appointment under these Statutes be continued in service on such temporary employment unless he is subsequently selected by a local Selection Committee or a regular Selection Committee, for a temporary or permanent appointment, as the case may be.

Chapter VII
University Funds

43. General Funds.

The University shall have a General Fund, to which shall be credited,-

(a)its income from fees, grants, donations and gifts, if any;

(b)any contribution of grant made by the Central Government, if any, or any State Government, the University Grants Commission or like authority, any local authority or any corporation owned or controlled by the Government; and

(c)endowments and other receipts.

44. Other funds.

The University may have such other funds as may be prescribed by the Statutes.

45. Power to borrow.

The University may, for any of the purposes prescribed by the Statutes, borrow money from a bank or a corporation. Where the total amount borrowed exceeds rupees five lakhs, prior approval of the Government shall be obtained for such borrowing.

46. Management of funds.

All the funds of the University shall be managed in such manner as may be prescribed by the Statutes.

47. Power of Government to direct audit.

The Government shall have power whenever deemed necessary to order the audit of the accounts of the University by such auditors as it may direct.

48. Financial estimates.

(1)The Vice Chancellor shall cause to be prepared on or before such date as may be prescribed the financial estimates of the University for the ensuing year and submit the same to the Syndicate for approval.

(2)The Syndicate may approve the financial estimates with such modifications as it may deems fit, and no expenditure shall be incurred except in accordance with the financial estimates as approved by the Syndicate.

49. Annual Accounts and Audit.

(1)The annual accounts of the University shall be prepared under the direction of the Academic Council.

(2)The Annual accounts so prepared shall be considered by the Syndicate at its next earliest meeting. The Syndicate may pass a resolution with reference thereto and communicate the same to the Academic Council. The Academic Council shall consider the suggestions made by the Syndicate and take such action thereon as it thinks fit and shall inform the Syndicate at its next meeting the action taken by it or the reasons for not taking action.

(3)The accounts of the University shall be audited by the Controller of State Accounts once in a year, in the month of April.

(4)The Accounts so audited shall be placed before the Syndicate and thereafter transmitted to the State Government with comments before the end of September each year. The State Government shall lay the same before both the Houses of the State Legislature at their next earliest session.

50. Annual Report.

(1)The Academic Council shall prepare the annual report containing such particulars as the Government may specify, covering each financial year and submit it to the Syndicate on or before such dates as may be prescribed by the Statutes. The Syndicate may pass resolutions thereon and the Academic Council shall take action in accordance therewith. The action taken shall be intimated to the Syndicate.

(2)Copies of the annual report along with the resolution of the Syndicate thereon shall be sent to the Government and shall be laid before both the Houses of the State Legislature.

Chapter VIII
Conditions Of Service

51. Pension gratuity, etc.,

(1)The University shall institute for the benefit of its officers, teachers and other persons employed by the University, such pension, gratuity, insurance and provident fund, as it may deem fit in such manner and subject to such conditions, as may be prescribed.

(2)Where the University has instituted a provident fund under sub-section (1), the Government may declare that the provisions of the Provident Funds Act, 1925 (Central Act XIX of 1925) shall apply to such fund as if the University were a local authority and the fund is of the Government Provident Fund.

(3)The University may, in consultation with the Finance Committee, invest the Provident Fund amount in such manner as it may determine.

52. Method of recruitment and conditions of service.

Subject to the provisions of this Act, the method of recruitment, appointment, procedure for selection, pay and allowances, and other conditions of service of officers, teachers and other persons employed in the University shall be such as may be prescribed.Explanation:For the purposes of this section, the word ‘officers’ shall not include the Chancellor and the Pro-Chancellor.

53. Terms and conditions of service of Heads of Department.

(1)Each Department of the University shall have a Head who shall be a Professor and whose duties and functions and terms and conditions of appointment shall be as may be prescribed:Provided that if there is more than one Professor in any Department, the Head of the Department shall be appointed in the manner prescribed:Provided further that in a Department where there is no Professor, an Associate Professor or an Assistant Professor may be appointed as Head of the Department in the manner prescribed.

(2)It shall be open to a Professor or Associate Professor or Assistant Professor to decline the offer of appointment as Head of the Department.

(3)A person appointed as Head of the Department shall hold office as such for a period of three years and shall be eligible for reappointment.

(4)A Head of the Department may resign his office at any time during his tenure of office.

(5)A Head of the Department shall perform such functions as may be prescribed.

54. Terms and conditions of service of Dean Faculties.

Every Dean of Faculty shall be appointed in such manner and shall exercise such powers and perform such duties as are specified in the first statutes.

55. Duties of a Teacher.

(1)Every teacher of the University or any recognized institution shall carry out the work relating to teaching, research, examination or academic work assigned to them by the University from time to time.

(2)For the purpose of sub-section (1) both the teaching and non-teaching employees in the services of the University and also in the colleges affiliated to the University shall be administratively controlled by the University and shall abide by the instructions or orders issued by the University from time to time.

56. Obligation to perform the examination work.

(1)Any person who is entrusted with the examination work relating to paper setting, invigilation, supervision, evaluation, conduct of practical examinations, printing of question papers and answer books, tabulation and preparation of marks cards and all such activities incidental thereto and connected therewith shall discharge such duties prudently and with utmost integrity for attainment of the academic standards.

(2)If any person who has been allotted the examination work under sub-section (1) is found guilty of breach of duties or involves in any misbehaviour, shall on conviction be punished with imprisonment for a period which may extend to three years or with a fine up to two thousand rupees or with both;

(3)No court shall take cognizance of an offence punishable under this section or the abetment of any such offence save on the complaint made by the Registrar (Evaluation).

57. Punishment for abetment of offences.

Whoever instigates or abets the commission of offence punishable under section 56 shall, on conviction be punished with the same punishment provided for in that section.

58. Recognition of certain institutions.

(1)Any institution situated within or outside the University Area other than a college which conduct research or specified studies, may be recognized by the Syndicate as the recognized institution for such purpose and in such manner and subject to such conditions as may be prescribed by the Statutes.

(2)Any such recognition may be withdrawn either in whole or in part or modified in such manner and for such reasons as may be prescribed by the Statutes.

Chapter IX
Miscellaneous

59. Act to prevail over other enactments.

(1)This Act and any Statutes or Regulations made under this Act shall in respect of any college in the University Area have effect notwithstanding anything inconsistent therewith contained in any other enactment with respect to matters enumerated in List II of the Seventh Schedule to the Constitution of India.

60. Power to obtain information.

Notwithstanding anything contained in this Act or any other law for the time being in force, the Government may, by order in writing, call for any information from the University on any matter relating to the affairs of the University and the University shall if such information is available with it, furnish the Government with such information within a reasonable period:Provided that in the case of information which the University considers confidential the University may place the same before the Pro-Chancellor.

61. Appointment of first Vice-Chancellor.

Notwithstanding anything contained in sub-section (1) of section 12 with six months from the date on which this Act come into force, the first Vice-Chancellor shall be appointed by the State Government for a period not exceeding four years and on such other conditions as it thinks fit:Provided that the person appointed as first Vice-Chancellor shall retire from office, if during the term of his office, he completes the age of sixty five years.

62. Transitory powers of the first Vice-Chancellor.

(1)It shall be the duty of the first Vice-Chancellor to make arrangements for constituting the Syndicate, the Academic Council and such other authorities of the University within six months of the notified date or such-longer period not exceeding one year as the Government may, by notification direct.

(2)The First Vice-Chancellor shall in consultation with the Government make such regulations as may be necessary for the functioning of the University.

(3)The authorities constituted under sub section (1) shall commence to exercise their functions on such date as the Government may, by notification specify in this behalf.

(4)It shall be the duty of the first Vice-Chancellor to draft such statutes as may be necessary and submit them to the Syndicate for their approval. Such statutes when framed shall be published in the Karnataka Gazette.

(5)Notwithstanding anything contained in this Act and the statutes and until such time an authority is duly constituted, the first Vice-Chancellor may appoint any officer or constitute any committee temporarily to exercise and perform any of the powers and duties of such authority under this Act and the statutes.

63. Special mode of appointment.

(1)The Syndicate may invite a person of high academic distinction and professional attainments to accept a post of a Professor in the University on such terms and conditions as it deems fit, and on the person agreeing to do so, appoint him to the post, subject to the approval by the Chancellor.

(2)The Syndicate may appoint a teacher or any other member of the academic staff working in any other University or organisation for undertaking a joint project in accordance with the manner prescribed.

64. Vice-Chancellor and other officers, etc. be public servants.

The Vice-Chancellor, the Registrar, the Finance Officer and other employees of the University shall be deemed when acting purporting to act in pursuance of any of the provisions this Act to be public servants within the meaning section 21 of the Indian Penal Code (Central Act XL of 1860).

65. Power to remove difficulties.

(1)If any difficulty arise as to the first constitution or reconstitution of any authority of the University after the notified date or otherwise 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 it to be necessary or expedient for removing the difficulty.Provided that no such notification shall be issued after the expiry of five years from the date of establishment of the University under section 3.

(2)Every notification issued under sub-section (1) or under any other provisions of this Act shall be laid as soon as may be after it is issued, before each House of the state Legislature while it is in session or in two or more sessions, and if before the expire of the said period, either House of the State Legislature makes any modification in any notification or directs that any notification shall not have effect, and if the modification or direction is agreed to by the other House, such notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.

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State of Karnataka - Act