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State of Karnataka - Act

THE ATRIA UNIVERSITY ACT, 2020

KARNATAKA
India

THE ATRIA UNIVERSITY ACT, 2020

Act 22 of 2021

Published in Karnataka Gazette on 16 April 2021
Commenced on 16 April 2021
[This is the version of this document from 16 April 2021.]

KARNATAKA ACT NO. 22 OF 2021(First Published in the Karnataka Gazette Extra-ordinary on the Sixteenth day of April 2021)THE ATRIA UNIVERSITY ACT, 2020(Received the assent of the Governor on the Fifteenth day of April 2021)An Act to establish and incorporate in the State of Karnataka a University of unitary in nature in private sector by the A.S Kupparaju and Brothers Charitable Foundation Trust to promote and undertake the advancement of applied University education in Sciences, all branches of Engineering, Arts, Management, Commerce, and for the matters connected therewith or incidental thereto. Whereas it is expedient to establish and incorporate in the State of Karnataka a University of unitary in nature in private sector by the A.S Kupparaju and Brothers Charitable Foundation Trust to promote and undertake the advancement of applied University Education in Sciences, all branches of Engineering, Arts, Management, Commerce and for the matters connected therewith or incidental thereto for the purposes hereinafter appearing.Be it enacted by the Karnataka State Legislature in the seventy first year of the Republic of India as follows:-

Chapter I

PRELIMINARYBODY

1. Short title, extent and commencement.– (1) This Act may be called the Atria University Act, 2020.

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

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

2. Definitions.– In this Act, unless the context otherwise requires,-

(a)“Academic Council” means the Academic Council of the University as specified in section 26;

(b)“Agenda Matters” means all the matters and business to be designated in the Statutes each of which can be either included in the Agenda or be taken up for discussion and decision at a meeting of the Board of Governors or the Board of Management or academic council or other authority of the

University or any Committees, as the case may be, only subject to the prior written approval of the Chancellor, consenting to the passing of suchmatters and business at such a meeting;

(c)“Board of Governors” means the Board of Governors of the University as specified in section 24;

(d)“Board of Management” means the Board of Management of the University as specified in section 25;

(e)“Chancellor”, “Vice-Chancellor”, “Pro Vice-Chancellor” means respectively the Chancellor, Vice Chancellor and Pro Vice Chancellor of the University.

(f)“Campus” means a campus established, maintained by the University, situated within the State;

(g)“Committees” means the committees formed under this Act or by the various functionaries of the University as the case may be and includes the Nomination Committee, the Finance Committee and such other committees;

(h)“Constituent College” means a college or institution established and maintained by the University;

(i)“Finance Committee” means the Finance Committee of the University as specified in section 28;

(j)“Government” means the Government of Karnataka;

(k)“National Accreditation Bodies” means a body established by the Central Government for laying down norms and conditions for ensuring academic standards of higher education, such as University Grants Commission, All India Council of Technical Education, National Council of Teacher Education, Council of Scientific and Industrial Research, Council of Architecture and includes the Government;

(l)“Prescribed” means prescribed by rules made by the Government under this Act;

(m)“Principal in relation to a Constituent College” means the head of the Constituent College and includes, where there is no Principal or in the absence of the Principal appointed, the Vice-Principal or any other person for the time being appointed to act as Principal;

(n)“Registrar” means the Registrar of the University;

(o)“Regional Centre” means a centre established or maintained by the University for the purpose of coordinating and supervising the work of Study Centres in any region within the State and for performing such other functions as may be conferred on such centre by the Board of Management;

(p)“Sponsoring Authority” or “Sponsoring Body” in relation to this Act means the A.S Kupparaju and Brothers Charitable Foundation Trust;

(q)“State” means State of Karnataka;

(r)“Statutes” and “Regulations” means respectively, the Statutes and Regulations of the University made under this Act;

(s)“Study Centre” means a centre within the State established and maintained by the University for the purpose of advising, counseling or for rendering any other assistance required by the students in the context of the education;

(t)“Teacher” means and includes a Professor, Associate Professor, Assistant Professor, or such other person as may be appointed for imparting instruction or conducting or to guide research in the University or in a Constituent College and includes the Principal of Constituent College in conformity with the norms specified by the ‘University Grants Commission’;

(u)“Trust” means the A.S Kupparaju and Brothers Charitable Foundation Trust registered under the Indian Trust Act,1882 (Central Act 2 of 1882)

(v)“University” means “ the Atria University”;

(w)“University Grants Commission” means the Commission established under section 4 of the University Grants Commission Act, 1956 (Central Act 3 of 1956); and

(x)“Visitor” means the visitor of the University as specified in section 13.

Chapter II

THE UNIVERSITY AND SPONSORING BODY

3. Proposal for the establishment of the University.- (1) The trust shall have the right to establish the University of unitary in nature subject to and in accordance with the provisions of this Act.

(2)The proposal to establish a University shall be made to the State Government by the trust.

(3)The proposal shall contain the following particulars, namely:-

(i)the objects of the University along with the details of the trust;

(ii)the extent and status of the University and the availability of land;

(iii)the nature and type of programmers of study and research to be undertaken by the University during a period of five academic years immediately following the commencement date;

(iv)the nature of faculties, courses of study and research proposed to be started;

(v)the campus development such as buildings, equipment and structural amenities; :

(vi)the phased outlays of capital expenditure for a period of five academic years immediately following the commencement date;

(vii)the item-wise recurring expenditure, sources of finance and estimated expenditure for each student; .

(viii)the scheme for mobilizing resources and the cost of capital thereto and the manner of repayments to each source;

(ix)the scheme of generation of funds internally through the recovery of fee from students, revenues anticipated from consultancy and other activities relating to the objects of the University and other anticipated incomes;

(x)the details of expenditure on unit cost, the extent of concessions or rebates in fee, freeship and scholarship for students belonging to economically weaker sections and the fee structure indicating varying rate of fee, if any, that would be levied on students who are either non resident Indians or persons of Indian origin or sponsored by non resident Indians or person of Indian origin and students of nationalities other than India.

(xi)the years of experience and expertise in the concerned discipline at the command of the Sponsoring trust as well as the financial resources;

(xii)the system for selection of students to the courses of study at the University; and

(xiii)status of fulfillment of such other conditions as may be required by the State Government under this Act to be fulfilled before the establishment of the University.

(4)A Screening Committee shall be constituted by the State Government consisting of three members who are Ex-officio members of Karnataka State HigherEducation Council to examine the proposals received from the Sponsoring trust which has to make recommendations to the State Government for the establishment of the University.

(a)for research, development and other activities for which other State

Government organizations are provided financial assistance; or

(b)for any specific research or programmes receiving support from the

State Government; and

(c)for the benefit of similar universities in the State whether subject to a

change in State policy or otherwise:Provided further that, the university may receive any financial support from anyother source.

6. Power to establish constituent College, additional campuses, Regional

Centres or Study Centres.- The University may have Constituent Colleges, RegionalCentres, additional campuses and Study Centres at such places in the State as itdeems fit after the completion of five years after its establishment with prior approvalof the State Government subject to the norms of University Grants Commission andother National Accreditation bodies.

7. Objects of the University.- The University shall employ a broad range of

strategies to achieve its vision and objectives,-

(i)to provide instruction, teaching, training, research, consultancy and

development in various disciplines in areas such as Sciences TechnicalEducation, Finance, Management, Commerce, Teaching-Learning, Artsincluding other allied fields of development and make provisions forresearch, advancement and dissemination of knowledge on these fields;

(ii)to design and deliver high quality training, capacity building and

development systems for teachers in higher and professional education,administrators and professionals working in Government, Public andPrivate Sectors and development professionals in other systems;

(iii)to develop resource centers to contribute to quality education;

(iv)to establish Campuses and have study centers, Constituent Colleges and

Regional Centers at various locations in Karnataka after a period of fiveyears and to contribute and develop an understanding of educationalchanges in Technical and professional education and social and humandevelopment as per norms of the University Grants Commission with priorapproval of the State Government;

(v)to institute degrees, diplomas, certificates and other academic distinctions

like award of credits on the basis of successful completion of academicwork evaluated through multiple methods of assessment;

(vi)to collaborate with any other universities, research institutions, non-profit

organizations, industry association, professional associations or otherorganizations, to conceptualize, design, develop and offer specificeducational and research programmes, training programmes and exchangeprogrammes for students, faculty members and others;

(vii)to disseminate knowledge and develop a public debate on issues of

education and allied development fields through seminars, conferences,executive education programmes, community development programmes,publications and training programmes and events;.

(viii)to undertake programmes for development and training of faculty and

researchers of the University in partnership with any other institutions ofquality with prior approval of the State Government;

(ix)to undertake collaborative research and advocacy with any organizations

with prior approval of the State Government;

(x)to undertake necessary or expedient action to pursue and promote the

objectives of the University; and

(xi)to pursue any objectives as may be approved by the Government for the

enhancement of the education and other development sectors.

8. Powers of the University.- The University shall have the following powers,

namely:-

(i)to establish and maintain Campuses, Regional Centres and Study

Centres in Karnataka after five years from the date ofestablishment of the University as may be determined by theUniversity from time to time in the manner laid down by theStatutes with prior approval of the Government and as perUniversity Grants Commission norms;

(ii)to carry out all such other activities as may be necessary or feasible

in furtherance of the object of the University,

(iii)to confer degrees or other academic distinctions in the manner and

under conditions laid down in the Statutes;

(iv)to institute and award fellowships, scholarships and prizes, awards,

medals etc., in accordance with the Statutes;

(v)to demand and receive such fees bills, invoices and collect charges

as may be fixed by the Statutes or rules, as the case may be;

(vi)to make provisions for extracurricular activities for students and

employees;

(vii)to make appointments of the Faculty, officers and employees of the

University or a Constituent College, Campuses, Regional Centres,Study Centres;

(viii)to receive voluntary donations and gifts of any kind not prohibited

by any Law for the time being in force and to acquire, hold, manage,maintain and dispose of any movable or immovable property,including trust and endowment properties for the purpose of theUniversity or a Constituent College or a Campus, Regional Centres,Study Centre;

(ix)to institute and maintain hostels and to recognize places of

residence for students of the University or a Constituent College;

(x)to supervise and control the residence and to regulate the discipline

among the students and all categories of employees and to lay downthe conditions of service of such employees, including the Code ofConduct for the students and employees;

(xi)to create academic, administrative and support staff and other

necessary posts;

(xii)to co-operate and collaborate with other Universities in such a

manner and for such purposes as the University may determinefrom time.

(xiii)to organize and conduct refresher courses, orientation courses,

workshops, seminars and other programmes for teachers, lessonwriters, evaluators and other academic staff;

(xiv)to determine standards of admission to the University or a

Constituent College, Regional Centres, Study Centres with theapproval of Academic Council and to make admission of students ofKarnataka not less than the extent provided in this Act;

(xv)to do all such other acts or things whether incidental to the powers

aforesaid or not, as may be necessary to further the objects of theUniversity;

(xvi)to institute Degrees, Diplomas, Certificates and other academic

distinctions on the basis of examination or any other method ofevaluation approved by the Government;

(xvii)to provide for the preparation of instructional materials, including

films, cassettes, tapes, video cassettes, CD, VCD, Pen Drives andother software and other relevant electronic and print media;

(xviii)to raise, collect, subscribe and borrow money with the approval of

the Board of Governors whether on the security of the property ofthe University, for the purposes of the University;

(xix)to acquire and takeover and run the management of any other

educational institutions with the prior approval of the StateGovernment:

(xx)to acquire properties with the prior approval of the Board of

Management; and

(xxi)to undertake any other activities connected with or incidental to

above objectives of the University.

9. University open to all classes, Castes, creed, gender or nation.- The

University admissions shall be open to all persons irrespective of caste, class, creed,gender or nation. All admissions shall be made on the basis of merit in the qualifyingexaminations:Provided that, forty percent of the admissions in all courses of the universityshall be reserved for the students of Karnataka State and admissions shall be madethrough a Common Entrance Examination conducted by the Central Government orState Government or its agency, as the case may be and seats shall be allotted as perthe merit and reservation policy of the State Government from time to time:Provided further that, where there are less than ten seats in any course likePost Graduate, Ph.d and Research they shall be reserved by clubbing such coursestogether and where there are less than three seats in any course they shall be reservedby rotation.

10. National Accreditation.- The University shall seek accreditation from

respective statutory national accreditation bodies soon after its establishment.Further all the courses run by this University shall be as per the regulations of theNational Accreditation Bodies.

11. Powers of the sponsoring body.- The sponsoring body shall have the

following powers with reference to the University, each of which may be exercised bythe Sponsoring Body at its discretion, namely:-

(i)to appoint or re-appoint or terminate the appointment of the Chancellor;

(ii)to constitute the first Board of Governors of the University;

(iii)to nominate the first chairperson of the Board of Governors;

(iv)to nominate three persons as members of the Board of Governors;

(v)to nominate two persons as members of the Board of Management;

(vi)to determine the source of funds to be contributed to the University

Endowment Fund;

(vii)to determine the application and spending of moneys by the University;

and

(viii)to resolve any conflict at the meeting of the Board of Governors in the

manner provided for in this Act.

Chapter III

OFFICERS OF THE UNIVERSITY

12. Officers of the University. - The following shall be the officers of the

University, namely: -

(i)The Visitor;

(ii)The Pro-visitor;

(iii)The Chancellor:

(iv)The Pro-Chancellor;

(v)The Vice-Chancellor;

(vi)The Pro Vice-Chancellor;

(vii)Deans of Faculties;

(viii)The Registrar;

(ix)The Finance Officer; and

(x)Such other officers as may be declared by the Statutes to be officers of the

University.

13. The Visitor.- (1) His Excellency the Governor of Karnataka shall be the

Visitor of the University and the visitor may offer suggestions for the improvement ofthe functioning of the University.

(2)The Visitor shall preside at the convocation of the University for conferringdegrees and diplomas.

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

(i)to call for any paper or information relating to the affairs of the

University; and

(ii)on the basis of the information received by the Visitor and if he is

satisfied that any order, proceedings or decision taken by any authorityof the University is not in conformity with the Act, Regulations, orRules, he may issue such directions as he may deem fit in the interestof the University and the directions so issued shall be complied with byall the concerned.

14. The Pro-Visitor.- (1) The Honourable Minister for Higher Education,

Government of Karnataka shall be the pro-visitor of the University.

(2)The pro-visitor shall, when the Visitor is absent, preside at the Convocationof the University for conferring degrees and diplomas.

15. ```The Chancellor.- (1) The Chancellor shall be appointed by the

Sponsoring Body.

(2)A trustee of the Sponsoring Body shall be the first Chancellor, who shallhold for life or till he demits office.

(3)The subsequent Chancellor shall be a trustee of the Sponsoring Body.

(4)The Sponsoring Body may appoint Pro-Chancellor who shall be trustee ofthe Sponsoring Body.

(5)The subsequent, Chancellor so appointed shall hold the office as determinedby the Sponsoring Body.

(6)The Chancellor shall have such powers as may be conferred on him by thisAct or the Statutes made there under, which shall include the following powers,namely:-

(i)to function as the head of the University;

(ii)to preside at all convocations of the University in absence of visitor and

pro-visitor;

(iii)to function as a Chairperson of the Board of Governors of the University;

(iv)to appoint , or re-appoint or terminate the appointment of the Vice-

Chancellor, in accordance with the provisions of this Act and theStatutes;

(v)to pre-approve the appointment of the Pro Vice-Chancellor, the Dean, the

Registrar and the Finance Officer;

(vi)to appoint the first Pro Vice-Chancellor and the Finance Officer;

(vii)to constitute the first Board of Management, the Finance Committee, the

Research Council and the Academic Council;

(viii)to pre-approve the Agenda matters in the manner provided for in the Act;

and

(ix)to resolve a conflict (excluding conflicts at a meeting of the Board of

Governors) in the manner provided in this Act.

(7)In the event of there being a conflict inter-se between the functionary orbody and any other functionary or body of the University, then the issue shall bereferred to the Chancellor and the decision of the Chancellor in respect of such issueshall be final and binding on the University.

16. The Pro-Chancellor.- (1) The Pro-Chancellor may be appointed by the

Sponsoring Body for a term prescribed by the Sponsoring Body subject to other termsand conditions as may be laid down in the statutes.

(2)The Pro-Chancellor shall exercise all powers of the Chancellor in his absenceand shall be assigned any additional duties with prior written Approval of theChancellor.

(3)The Pro-Chancellor shall chair all the Committees, meetings andconvocations in the absence of the Chancellor.

17. The Vice-Chancellor.- (1) The Vice- Chancellor shall be appointed by the

Chancellor for a term of three years subject to other terms and conditions as may belaid down by the Statutes from among three persons recommended by the NominationCommittee constituted in accordance with the provisions of sub- section (2). After theterm of three years, it is renewable for another term of three years:Provided that a Vice-chancellor shall continue to hold the office even afterexpiry of his term till new Vice- chancellor joins. However, in any case this periodshall not exceed one year.

(2)The Nomination Committee referred to in sub-section (1) shall consist of thefollowing persons, namely:-

(i)One person nominated by the Sponsoring Body; and

(ii)Two nominees of the Board of Governors, one of whom shall be nominated

as the Convener of the Committee by the Board of Governors.

(3)The Nomination Committee shall, on the basis of merit, recommend threepersons suitable to hold the office of the Vice-Chancellor and forward the same to theChancellor along with a concise statement showing the academic qualifications andother distinctions of each person.

(4)The Vice-Chancellor shall be the Principal Executive and Academic Officer ofthe University and shall exercise general supervision and control over the affairs of theUniversity and give effect to the decisions of the authorities of the University:Provided that, where any matter, other than the appointment of a Teacher is ofurgent nature requiring immediate action and the same could not be immediatelydealt with by any officer or the authority or other body of the University empowered byor under this Act to deal with it, the Vice-Chancellor may take such action as he maydeems fit with the prior written approval of the Chancellor.

(5)The Vice-Chancellor shall exercise such other powers and perform suchother duties as may be laid down by the Statutes or the Rules:Provided that, where in the opinion of the Vice-chancellor, any decision of anyauthority of the university is outside the powers conferred by this Act or Statutes,Regulations or Rules made there under or is likely to be prejudicial to the interests ofthe university, he shall request the concerned authority to revise its decision withinfifteen days from the date of its decision and in case the authority refuses to revisesuch decision wholly or partly or fails to take any decision within fifteen days, thensuch matter shall be referred to the Chancellor and his decision thereon shall be final.

(6)The services of the Vice- Chancellor can be terminated by the Chancellorwith the approval of the Board of Governors after following the principles of naturaljustice and after providing an opportunity to present his case including, fortermination on, disciplinary grounds.

(7)The Vice-Chancellor shall preside at the Convocation of the University in theabsence of the Visitor, Pro-Visitor, the Chancellor and the Pro-Chancellor.

18. The Pro Vice-Chancellor.- The Vice- Chancellor shall appoint not

exceeding three pro-vice Chancellors with the written approval of the Chancellor insuch manner and they shall exercise such powers and perform such duties as may belaid down by the Statutes.

19. Deans of faculties.- Deans of faculties shall be appointed by the Vice-

Chancellor with the written approval of the Chancellor in such manner and they shallexercise such powers and perform such duties as may be laid down by the Statutes.

20. The Registrar.- (1) The Registrar shall be appointed by the Chancellor in

such manner and on such terms and conditions as may be laid down by the Statutes.

(2)All contracts as defined in statutes shall be entered into, and signed by theRegistrar on behalf of the University.

(3)The Registrar shall have the power to authenticate records on behalf of theUniversity and shall exercise such other powers and perform such other duties as mayconferred by the statutes or may be required from time to time, by the Chancellor orthe Vice-Chancellor.

(4)The Registrar shall be responsible for the due custody of the records and thecommon seal of the University and shall be bound to place before the Chancellor, theVice-Chancellor or any other authority all such information and documents asdemanded.

21. The Finance Officer.- The Finance Officer shall be appointed by the Vice-

Chancellor with the written approval of the Chancellor in such manner and he shallexercise such powers and perform such duties as may be laid down by the Statutes.

22. Other Officers.- The manner of appointment, terms and conditions of

service and powers and duties of the other officers of the University shall be such asmay, be specified by Statutes.

Chapter IV

AUTHORITIES OF THE UNIVERSITY

23. Authorities of the University.- The following, shall be the authorities of

the University, namely:-

(i)The Board of Governors;

(ii)The Board of Managements;

(iii)The Academic Council;

(iv)The Research and Innovation Council;

(v)The Finance Committee; and

(vi)Such other authorities as may be declared by the Statutes to be

the authorities of the University.

24. The Board of Governors and its powers.- (1) The Board of Governors shall

consist of the following, namely:-(i)The Chancellor - Chairperson;(ii)The Pro-Chancellor - Member;(iii)The Vice-Chancellor - Member;(iv)The Principal Secretary or Secretary to the State Government in theHigher Education or by his nominee not below the rank of DeputySecretary - Ex-officio member;(v)One expert from the field of management, finance or any otherspecialized, including administration to be nominated by the StateGovernment – Member;(vi)Three persons nominated by the Sponsoring Body of whom one shall bewoman –Members;(vii)The Pro Vice-Chancellor who shall be a non-voting member; and(viii)One eminent educationist nominee of the University Grant Commission– Member.

(2)The Registrar shall be non-voting member Secretary of Board of Governors.

(3)The tenure of office of the members of the Board of Governors, appointmentof members, other than Government nominees, renewal and removal, etc.., shall besuch as may be laid down by the Statutes.

(4)All meetings of the Board of Governors shall always be chaired by theChancellor and in his absence by any one of the nominees of the Chancellor. IfChancellor has not nominated any person to Chair such a meeting, members presentin the meeting shall elect the Chairperson for that meeting only from amongthemselves by a simple majority.

(5)Quorum for all meetings of the Board of Governors shall be three membersattending and voting at such meeting:Provided that, the presence of either the Chancellor or one nominee of theSponsoring Body and in the absence of the Chancellor or one nominee of SponsoringBody, the Vice Chancellor, shall always be necessary to form the quorum for anymeeting of the Board of Governors.

(6)The Board of Governors shall be the Principal Governing Body of theUniversity and shall have the following powers, namely:-

(i)to appoint the Statutory Auditors of the University;

(ii)to lay down policies to be pursued by the University;

(iii)to review decisions of the other authorities of the University if

they are not in conformity with the provisions of this Act, or the Statutesor the Rules;

(iv)to approve the Budget and Annual Report of the University;

(v)to make new or additional Statutes or amend or repeal the earlier

Statutes and Rules;

(vi)to take decision about voluntary winding up of the University;

(vii)to approve proposals for submission to the Government;

(viii)to nominate three members to the Fee Regulation committee; and

(ix)to take such decisions and steps as are found desirable for effectively

carrying out the objects of the University.

(7)The Board of Governor shall, meet at least three times a year.

(8)The Board of Governors shall meet at such time and place as may be specifiedby Statutes.

25. The Board of Management.-(1) The Board of Management shall consist of the

following, namely:-(i)The Vice Chancellor;(ii)The Pro-Vice Chancellors;(iii)The Registrar;(iv)Two nominees of the Sponsoring Body; and(v)Two Deans of the faculties as nominated by the Vice Chancellor.

(2)The Vice Chancellor shall be the Chairperson of the Board of Management andthe Registrar shall be the Secretary of the Board of Management.

(3)The Board of management shall be the executive body of the University. Thepowers and functions of the Board of Management shall be such as may be specifiedby the statutes.

(4)All meetings of the Boards of Management shall always be chaired by the ViceChancellor and in the absence of the Vice Chancellor, by the nominee of theSponsoring Body and where the Sponsoring Body has not nominated any nominees,then by any other member as elected by the members present in the meeting.

(5)In the event of a conflict of opinion at the meeting of the Board of Management,the issue shall be referred to the Chancellor and the decision of the Chancellor inrespect of such issue shall be final and binding on the University.

26. The Academic Council. - (1) The Academic Council shall consist of the

following, namely: -(i)The Vice - Chancellor - Chairperson(ii)The Pro Vice - Chancellor - Member(iii)The Registrar - Secretary(iv)Such other members as may be specified by the Statutes.

(2)The Academic Council shall be the principal academic body of the Universityand shall, subject to the provisions of this Act, the Statutes, Regulations and theRules, co-ordinate and exercise general supervision over the academic policies of theUniversity.

27. The Research and Innovation Council.- (1) Research and Innovation

Council shall be the Principal Research and Innovation Committee of the Universityand shall provide the larger holistic vision of the kind of research to be undertaken bythe University, including prioritization of the research areas. Research and InnovationCouncil shall, subject to the provisions of this Act, the Statutes, Regulations and theRules, co-ordinate and exercise general, supervision over the Innovation and Researchpolicies of the University.

(2)The Research and Innovation Council shall consist of the following, namely:-

(i)The Vice- Chancellor - Chairperson

(ii)The Pro Vice-Chancellor – Member

(iii)The Dean of Research – Secretary

(iv)Head of the Department of Innovation – Member

(v)Deans of all Faculties - Members

(vi)Such other members as may be specified in the Statutes

28. The Finance Committee.- (1) The Finance Committee shall consist of the

following, namely:-(i)The Chancellor or his Nominee - Chairperson(ii)The Pro-Chancellor - Member(iii)The Vice-chancellor - Member(iv)The Registrar - Member(v)The Finance Officer - Secretary(vi)One nominee of the Sponsoring Body - Member(vii)Such other members as may be specified in the statutes.

(2)The Finance Committee shall be the principal financial body of the Universityto take care of financial matters and shall, subject to the provisions of this Act, Rulesand Statutes co-ordinate and exercise general supervision over the financial matters ofthe University.

29. Other Authorities.- The constitution, powers and functions of the other

authorities of the University shall be such as may be specified by the statutes.

30. Disqualification for membership of an Authority or Body.- A person

shall be disqualified for being a member of any of the authorities or bodies of theUniversity, if he,-

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

(b)is an undischarged insolvent;

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

(d)conducting or engaging himself in private coaching classes;

(e)has been punished for indulging in or promoting unfair practice in the

conduct of any examination, in any form, anywhere; and

(f)as and when the Board of Governors were to form an opinion in writing that

a Member of any of the authorities or bodies is unfit to hold the post.

31. Proceedings not invalidated on account of vacancy.- No act or

proceedings of any authority of the University shall be invalid merely by reason of theexistence of any vacancy or defect in the constitution of the authority.

32. Provisions pertaining to Agenda matters.- (1) No Agenda Matter shall be

either included in the Agenda for or taken up for discussion and decided in, themeeting of the Board of Governors or the Board of Management or any Committeeswithout obtaining the Prior written approval of the Chancellor.

(2)In the event of breach of any provisions of this Act the Chancellor shall beentitled at all time to immediately take remedial action by reversing all decisions takenby any functionary or body of the University in breach of the provisions of this Act andconsequent upon the pursuit of such a remedial action all such actions taken by thefunctionary or body of the University in breach of the provisions of this Act shall bedeemed to be null and void, ab initio and consequently the status quo ante shallprevail in respect of the matter or decision in breach.

Chapter V

STATUTES AND REGULATIONS

33. Statutes.- Subject to the provisions of this Act, the Statutes may provide for

any matter relating to the University and staff, as given below, namely:-

(i)the procedure for transaction of business of the Authorities of the

University and the composition of bodies not specified in this Act;`

(ii)Subject to section 52, the operation of the permanent statutory

endowment fund, University endowment fund, the general fund and thedevelopment fund;

(iii)the terms and conditions of appointment of the Vice-Chancellor, the

Registrar and the Finance Officer and their powers and functions;

(iv)the mode of recruitment and the terms and conditions of service of the

other officers, Teachers and employees of the University;

(v)the procedure for resolving disputes between the University and its

officers, Faculty members, employees and students;

(vi)creation, abolition or restructuring of departments and faculties;

(vii)the manner of co-operation with other Universities or institutions of

higher learning;

(viii)the procedure for conferment of honorary degrees;

(ix)provisions regarding grant of free ships and scholarships;

(x)policies in respect of seats in different courses of studies and the

procedure of admission of students to such courses;

(xi)policy relating to the fee chargeable from students for various courses of

studies;

(xii)institution of fellowships, scholarships, studentships, free ships, medals

and prizes;

(xiii)procedure for creation and abolition of posts; and

(xiv)Any other matters which may be decided by the Board of Governors or

required to be provided by statutes under this Act.

34. Statutes how made.- (1) The first statutes framed by the Board of

Management shall be submitted to the Board of Governors for its approval.

(2)The Board of Governors shall consider the First Statutes, submitted by theBoard of Management and shall give its approval thereon with such modifications, ifany, as it may deem necessary.

(3)The University shall publish the First Statutes, as approved by the Board ofGovernors in the University Notification, and thereafter, the First Statutes shall comeinto force from the date of its publication.

35. Power to amend the Statutes.- The Board of Governors may, make new or

additional Statutes or amend or repeal the Statutes.

36. Regulations.- (1) Subject to the provisions of this Act, the regulations may

provide for all or any of the following matters, namely:-

(i)admission of students to the University and their enrolment and

continuance as such;

(ii)the courses of study to be laid down for all degrees and other academic

distinctions of the University;

(iii)the award of degrees and other academic distinctions:

(iv)the conditions of the award of fellowships, scholarships, studentships,

medals and prizes;

(v)the conduct of examinations and the conditions and mode of appointment

and duties of examining bodies, examiners invigilators, tabulators andmoderators;

(vi)the fee to be charged for admission to the examinations, degrees and

other academic distinctions of the University;

(vii)the conditions of residence of the students at the University or a

Constituent College;

(viii)maintenance of discipline among the students of the University or a

Constituent College; and

(ix)all other matters as may be provided in the Statutes under the Act.

37. Regulations how made.- The Regulations shall be made by the Academic

Council and approved by Board of Management.

38. Power to amend Regulations.- The Academic Council may, with the

approval of the Board of Management, make new or additional regulations or amendor repeal the regulations.

39. Fixation of fee.- (1) The fee in respect of forty percent of the admissions in

all courses of the university for which admissions are made through a CommonEntrance Examination conducted by the State Government or its agency under theproviso to section 9 shall be the fees, as fixed by the State Government, forGovernment seats from time to time, in accordance with the consensual agreemententered into by the Government and the University in accordance with the KarnatakaProfessional Educational Institutions (Regulation of Admission and Determination ofFee) Act, 2006 (Karnataka Act 8 of 2006).

(2)In respect of other seats of the University, the fee shall be determined by theFee Regulatory Committee constituted under the chairmanship of a retired Judge ofthe High Court in accordance with the provisions of section 6 of the KarnatakaProfessional Educational Institutions (Regulation of Admission and Determination ofFee) Act, 2006 (Karnataka Act 8 of 2006). For the purpose of this section, theUniversity shall be deemed to be the Private Unaided Professional EducationalInstitution.

Chapter VI

MISCELLANEOUS

40. Conditions of service of employees.- (1) Every employee shall be

appointed under a written contract subject to such terms and conditions as may bespecified by statutes and regulations or prescribed if any by rules which shall be keptin the University and a copy of which shall be furnished to the employee concerned.

(2)Disciplinary action against the employees shall be governed by theprocedure specified in the Statutes.

(3)Any dispute arising out of the contract between the University and anemployee shall, be resolved in the manner provided for in the written contract and inaccordance with the Statues.

41. Right to appeal.- In case of disciplinary actions by the University against

its employee or student, the aggrieved employee or student shall have a right to appealto such authority as specified by the statutes.

42. Provident or pension fund.- The University shall constitute for the benefit

of its employees such provident or pension fund and provide such insurance schemeas it may deem fit in such manner and subject to such conditions as may be specifiedby the statutes and the laws in force.

43. Disputes as to constitution of University authorities and bodies.- If any

question arises as to whether any person has been duly elected or appointed as, or isentitled to be a member of any authority or other body of the University, the mattershall be referred to the Chancellor whose decision thereon shall be final.

44. Constitution of Committees.- Any authority of the University mentioned

in section 23, shall be empowered to constitute a committee of such authority,consisting of such members of such authority and having such powers as theauthority may deem fit.

45. Filling of casual vacancies.- Any casual vacancy among the members, other

than ex-officio members of any Authority or body of the University shall be filled in thesame manner in which the member whose vacancy is to be filled up, was chosen, andthe person filling the vacancy shall be a member of such authority or body for theresidual term for which the person in whose place he would have been a member.

46. Protection of action taken in good faith.- No suit or other legal proceedings

shall lie against any officer or other employee of the University for anything, which isdone in good faith or intended to be done in pursuance of the provisions of this Act,the Statues or the Rules.

47. Transitional provisions.- Notwithstanding anything contained in any other

provisions of this Act and the Statues,

(i)the first Vice-Chancellor and Pro-Vice-Chancellor, if any shall be

appointed by the Chancellor;

(ii)the first Registrar and the first Finance Officer shall be appointed by

the Chancellor; and

(iii)the first Board of Management, the first Finance Committee, the first

Innovation and Research Council and the first Academic Council shallbe constituted by the Chancellor.

48. Permanent Statutory Endowment Fund.- (1) The University shall establish a

Permanent Statutory Endowment Fund of at least rupees twenty five crores, out ofwhich at least fifteen crores shall be in cash and remaining in the form of BankGuarantee, which may be increased suo moto but shall not be decreased:Provided that, in case of a University outside the Bengaluru or Bengaluru RuralDistrict at least ten crores must be in form of cash and the remaining five crores shallbe in form of Bank Guarantee.

(2)The University shall have power to invest the permanent Statutory EndowmentFund in such manner as may be prescribed.

(3)The University may transfer any amount from the General Fund or theDevelopment Fund to the permanent Statutory Endowment Fund. Excepting in theevent of dissolution of the University, in no other circumstances can any monies’ betransferred from permanent Statutory Endowment Fund for other purposes.

(4)Seventy five percent of the incomes received from permanent StatutoryEndowment Fund shall be used for the purpose of development or general work of theUniversity. The remaining twenty five percent shall be reinvested in the permanentStatutory Endowment Fund.

49. University Endowment Fund.- (1) The University shall establish a

Endowment Fund having such funds as may be determined by the Sponsoring Bodywhich can include donations and other funds received from time to time.

(2)The University shall have the power to invest the University Endowment Fundin a manner as may be specified by the Statutes.

(3)The University Endowment Fund is a self-imposed fund that the Universitydesires to maintain voluntarily and invest it responsibly to protect itself from financialchallenges that may arise on account of parsing social objectives and/or unforeseencircumstance.

(4)The University may transfer any amount from the General Fund or thedevelopment fund to the University Endowment Fund. Excepting in the event ofdissolution of the University, in no other circumstances can any monies be transferredfrom the University Endowment Fund for other purposes.

(5)Eighty percent of the incomes received from the University Endowment Fundshall be used for the purposes of development or general work of the University. Theremaining twenty percent shall be reinvested into the University Endowment Fund.

50. General Fund. - (1) The University shall establish a General Fund to which

the following amount shall be credited, namely:-(i)all fees which may be charged by the University;(ii)all sums received from any other source not prohibited by any law forthe time being in force:(iii)all contributions made to the University;(iv)all contributions or donations made in this behalf by any other personor body which are not prohibited by any law for the time being in force.

(2)The funds credited to the General Fund shall be applied to meet all therecurring expenditure of the University.

51. Development fund.-(1) The University shall establish a Development Fund

to which the following funds shall be credited, namely:-(i)development fees which may be charged from students;(ii)all sums received from any other source for the purposes of thedevelopment of the University;(iii)all contributions made by the University;(iv)all contributions or donations made in this behalf by any other personor body; which are not prohibited by any law for. the time being in force;and(v)all incomes received from the Permanent Statutory Endowment Fund.

(2)The funds credited to the Development Fund from time to time shall beutilized for the development of the University.

52. Maintenance of funds.- The funds established under sections 48, 49, 50

and 51 shall subject to general supervision and control of the Board of Governors, beregulated and maintained in such manner as may be prescribed.

53. Annual Report.-(1) The Annual Report of the University shall be prepared

under the direction of the Board of Management and shall be submitted to the Boardof Governors for its approval.

(2)The Board of Governors shall consider the annual report in its meeting andmay approve the same with or without modification.

(3)A copy of the annual report duly approved by the Board of Governors shallbe sent to the Visitor and the State Government before 31st December following closeof the financial year in March of every year.

54. Account and audit.- (1) The annual accounts and balance sheet of the

University shall be prepared under the direction of the Board of Management and allfunds accruing to or received by the University from all source and all amountdisbursed or Paid shall be entered in the account maintained by the University.

(2)The annual accounts of the University shall be audited by an auditor, who isa member of the Institute of Charted Accountants of India, every year.

(3)A copy of the annual accounts and the balance sheet together with the auditreport shall be submitted to the Board of Governors before 30th November followingclose of the financial year in 31st March of every year.

(4)The annual accounts, the balance sheet and the audit report shall beconsidered by the Board of Governors at its meeting and the Board of Governors shallforward the same to the visitor and the Government along with its observation thereonon or before 31st day December of every year.

(5)In the event of any material alteration in the Report of the Auditors, theState Government may issue directions to the University, to rectify the alterations andsuch directions shall be binding on the University.

55. Mode of proof of University record.- A copy of any receipt, application,

notice, order, proceeding or resolution of any authority or committee of the Universityor other documents in possession of the University or any entry in any register dulymaintained by the University, if certified by the Registrar, shall be received as primafacie evidence of such receipt, application, notice, order, proceeding, resolution ordocument or the existence of entry in the register and shall be admitted as evidence ofthe matters and transaction therein recorded where the original thereof would, ifproduced, have been admissible in evidence.

56. Power of State Government to issue directions.- The State Government

may give such directions to the University as in its opinion are necessary or expedientfor carrying out the purposes of this Act or to give effect to any of the provisionscontained therein or of any rules or orders made there under and the Board ofGovernor or the Board of management, as the case may be, of the University shallcomply with every such direction.

57. Penalties.- (1) Whoever contravenes the provisions of this Act or the rules

made thereunder or any examination matters or in matters relating to award ofdegrees or in giving marks cards shall on conviction be punishable with fine of not lessthan rupees fifty thousand which may extend to ten lakhs rupees or with animprisonment for a term of not less than six months which may extend to two years orwith both:Provided that, where the University is also involved in committing the offencethe permission letter granted under this Act to commence the University shall bewithdrawn.

(2)A penalty under this section may the imposed without prejudice to thepenalty specified in any other Act.

58. Power to enter and inspect.- Any officer not below the rank of Group ‘A’

officer authorized by the State Government in this behalf, shall, subject to suchconditions as may be specified therein under the Karnataka Educational Institutions(Prohibition of Capitation Fee) Act, 1984 (Karnataka Act 37 of 1984) shall be deemedto be the Officer authorized to exercise the same powers and discharge the samefunctions as provided under section 9 of that Act for the purposes of this Act.

59. Power to give direction for dissolution of the University.- (1) If the

University proposes dissolution in accordance with the law governing its constitutionor incorporation, it shall give at least six months prior notice in writing to theGovernment.

(2)The Karnataka State the Higher Education Council shall conduct periodicalInspection of University regarding,-

(i)standard of Instructions for grant of degree;

(ii)quality of Education;

(iii)avoidance of commercialization of Higher Education; and

(iv)contravention of the provisions of the Act, if any;

- and send report to the Government.

(3)On identification of mismanagement, maladministration and indiscipline,the Government shall issue directions to the management of the University to set rightthe administration. If the direction is not followed within such time as may beprescribed, the right to take decision on for winding up of the University or any coursethereof shall vest with the Government.

(4)The manner of winding up of the University or any course thereof shall besuch as may be prescribed by the Government in this behalf:Provided that no such action shall be initiated without affording a as reasonableopportunity to show cause to the University.

(5)On receipt of the notice referred to in sub-section (1) the Government shall,in consultation with the relevant Regulatory Authority make such arrangements foradministration of the University from the proposed date of dissolution of the Universityor winding up of the course and until the last batch of students in regular courses ofstudies of the University complete their courses of studies in such manner as may beprescribed.

60. Expenditure of the University during dissolution.- (1) The expenditure of

administration of the University during taking over period of its management undersub-section (5) of section 59 shall be met out of the Permanent Statutory EndowmentFund, the General Fund or the Development Fund in such manner as may beprescribed.

(2)If the fund referred to in sections 48, 49, 50 and 51 are not sufficient tomeet the expenditure of the University during the taking over period of itsmanagement, such expenditure may be met by disposing of the properties or asset ofthe University, by the Government.

(3)Where the dissolution of the University is due to mismanagement ormaladministration, the Government is at liberty to identify the persons responsible forsuch mismanagement or maladministration and to impose penalty as it deems fit.

61. Removal of difficulties.- (1) If any difficulty arises in giving effect to the

provisions of this Act, the State Government may, by a notification or by order, makesuch provisions, which are not inconsistent with the provisions of this Act, as appearto it to be necessary or expedient, for removing the difficulty:Provided that, no notification or order under this section shall be made after theexpiry of a period of five years from the date of commencement of this Act.

(2)Every Order made under sub- section (1), shall, as soon as may be after it ismade, be laid before the State Legislature.

62. Power to make rules by the State Government.- (1) The State

Government may make rules by notification, to carry out the purposes of this Act.

(2)Every rule made under this Act shall be laid as soon, as may be after it ismade before each House of the State Legislature while it is in session for a total periodof thirty days, which may be comprised in one session or in two or more successivesessions, and if, before the expiry of the session immediately following the session orthe successive sessions aforesaid, both Houses agree in making any modification inthe rule or both Houses agree that the rule should not be made, the rule shallthereafter 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 tothe validity of anything previously done under that rule.

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