Karnataka act 35 of 2013 : The UNIVERSITY OF TRANS-DISCIPLINARY HEALTH SCIENCES AND TECHNOLOGY ACT, 2013

Department
  • Department of Health & Family Welfare Department
Summary

No

Enforcement Date

0020-08-30T18:30:00.000Z

KARNATAKA ACT 35 OF 2013 THE UNIVERSITY OF TRANS-DISCIPLINARY HEALTH SCIENCES AND TECHNOLOGY ACT,

2013 Arrangement of Sections

STATEMENT OF OBJECTS AND REASONS Sections:

CHAPTER – I

PRELIMINARY

1. Short title, extent and commencement

2. Definitions

CHAPTER - II

THE UNIVERSITY AND SPONSORING BODY

3. Proposal for the establishment of the University

4. Establishment of the University

5. Power to establish constituent college, Regional Centres or study centres

6. Effect of incorporation

7. Objects of the University

8. Powers of the University

9. University open to all classes, castes, creed, gender or nation

10. Teaching at University

11. Grants and Financial Assistance

12. Power to establish Schools

13. Powers of the sponsoring body

CHAPTER – III

OFFICERS OF THE UNIVERSITY 14. Officers of the University

15. The Visitor

16. The Chancellor

17. The Vice Chancellor

18. Dean cum Advisors of Schools

19. Chief Operating Officer & Registrar (COO&R)

19-A. Chief Programme Officer

20. The Finance Officer

21. Other Officers

CHAPTER – IV

AUTHORITIES OF THE UNIVERSITY 22. Authorities of the University

23. The Board of Governors and its powers

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24. The Board of Management

25. The Academic, research and outreach council

26. [XXX]

27. The Finance Committee

28. Other Authorities

29. Disqualification for membership of an Authority or Body

30. Proceedings not invalidated on account of vacancy

31. Provisions pertaining to Agenda Matters

CHAPTER - V

STATUTES AND REGULATIONS

32. Statutes

33. Statute how made

34. Power to amend the Statutes

35. Regulations

36. Regulations how made

37. Power to amend Regulations

38. Fee Regulation Committee

CHAPTER – VI

MISCELLANEOUS

39. Conditions of service of employees

40. Right to appeal

41. Provident fund

42. Disputes as to constitution of University authorities and bodies

43. Constitution of Committees

44. Filling of casual vacancies

45. Protection of action taken in good faith

46. Transitional provisions

47. Permanent Statutory Endowment Fund

48. University Endowment Fund

49. General Fund

50. Development fund

51. Maintenance of funds

52. Annual Report

53. Account and audit

54. Mode of proof of University record

55. Penalties

56. Power to enter and inspect

57. Power to enter and inspect

58. Power to give direction for dissolution of the University

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59. Expenditure of the University during dissolution

60. Removal of difficulties

61. Power to make rules by the State Government

STATEMENT OF OBJECTS AND REASONS I

Act 35 of 2013.- The foundation for Revitalization of Local Health Traditions have come forward to establish private university in the Sate. The establishment of a private university by well-

known organization would certainly help in spreading the quality education/research to the needy

students/researcher.

Keeping in view the above, it is considered necesary to provide for establishment of the

Institute of Trans-Disciplinary Health Sciences and Technology.

This private university focuses on doctoral and post-doctoral research for developing a new

discipline called “Trans-Disciplinary Health Sciences and Technology” and for the matters connected

therewith or incidental thereto.

Hence the Bill.

[L.C. Bill No.06 of 2013, File No. Samvyashae 41 Shasana 2012]

[Entry 25 of List III of the Seventh Schedule to the Constitution of India.]

II Amending Act 13 of 2018.- It is considered necessary to amend the Institute of Trans-

disciplinary Health Sciences and Technology Act, 2013 (Karnataka Act 35 of 2013) to make certain

provisions to improve the functionality and efficiency of the Institute for Trans-disciplinary Health

Sciences and Technology as a University.

Hence, the Bill.

[L.A. Bill No.06 of 2017, File No. Samvyashae 47 Shasana 2014] [Entry 25 of the List III of the Seventh Schedule to the Constitution of India.]

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KARNATAKA ACT 35 OF 2013 (First published in the Karnataka Gazette Extraordinary on the fifteenth day of March, 2013)

THE 1[UNIVERSITY]1 OF TRANS-DISCIPLINARY HEALTH SCIENCES AND TECHNOLOGY ACT, 2013

(Received the assent of the Governor on the eleventh day of March, 2013)

(As Amended by Act 13 of 2018)

An Act to establish and incorporate in the State of Karnataka a university of unitary in

nature 2[XXX]2 in Private Sector to promote, conceptualize and bring about a paradigm shift in the

field of health sciences through development of outstanding leadership, research, knowledge and

ideas for trans-disciplinary health sciences and technology and allied sectors and for 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 2[XXX]2 in private sector to promote, conceptualize and bring

about a paradigm shift in the field of health sciences through development of outstanding leadership,

research, knowledge and ideas for trans-disciplinary health sciences and technology and allied

sectors and for matters connected therewith or incidental thereto;

Be it enacted by the Karnataka State Legislature in the sixty fourth year of the Republic of

India as follows:-

1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

2. Omitted by Act 13 of 2018 w.e.f 17.03.2018.

CHAPTER – I PRELIMINARY

1. Short title, extent and commencement.- (1) This Act may be called The 1[University]1 of Trans-disciplinary Health Sciences and Technology Act, 2013.

(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. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

2. Definitions.- In this Act, unless the context otherwise requires,- 1[(1) "Academic, research and outreach council" means the Academic, research and outreach

council of the University established under section 25;]1

(2) “Agenda Matters” means all the matters and business to be taken up for discussion and

decision at meetings of the Board of Governors or the Board of Management or any

Committees, as the case may be, only subject to the prior written approval of the

Chairman, consenting to the passing of the such matters and business at such a meeting;

(3) “Board of Governors” means the Board of Governors of the 1[University]1 as specified in

section 23;

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(4) “Board of Management” means the Board of Management of the 1[University]1 as

specified in section 24;

(5) “Campus” means any campus established, maintained by the 1[University]1;

(6) “Chancellor” means the chairperson of the sponsoring Body;

(7) “Chief Operating Officer & Registrar – (COO&R)” means the person nominated and

appointed by 1[the Vice Chancellor]1 for the 1[University]1; 2[(7-a) "Chief Programme Officer (CPO)" means a person appointed by the Vice-Chancellor of

the University.]2

(8) “Committees” means the committees formed by the various functionaries of the 1[University]1 as the case may be and includes the Nomination Committee, the Finance

Committee and any other committees;

(9) “Constituent College” means a college or institution owned or established by the

University;

1[(10) "Dean cum Advisor" means the Dean cum Advisor of a school; ]1 1[(11) "Vice Chancellor" means the Independent Person nominated and appointed by the

Chancellor and Board of Governors as the Vice Chancellor of the University,

responsible for the overall functioning of the University]1

(12) “Finance Committee” means the Finance Committee of the 1[University]1 as specified

in section 27;

(13) “Foundation” means the Foundation for Revitalization of Local Health Traditions,

which is a Public Trust registered;

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

(15) 1[University]1 ” means the University called 1[University]1 for Trans-disciplinary Health

Sciences and Technology (IIHST) established and incorporated under this Act;

(16) “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, Medical Council of India, Pharmaceutical Council of India, National

Assessment and Accreditation Council, National Council of Teacher Education,

Council of Scientific and Industrial Research, and includes the Government;

(17) “Prescribed” means prescribed by rules by the Government;

(18) 3[XXX]3 1[(19) "School" means a major Academic Unit or a constituent centre functioning under the

University which deals with a specialised area related to Trans Disciplinary Studies;]1

(20) “Sponsoring Authority” or “Sponsoring Body” in relation to this Act means the

Foundation;

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(21) “Teacher” means and includes a Professor, Associate Professor, Assistant Professor,

Reader or Lecturer, or any resource person from a non-academic but professional

background approved by the Academic Council for imparting instruction or to guide

research in the 1[University]1 or in a Constituent College; 1[(22) "Trans-disciplinary health Sciences" means the Indian traditional health sciences and

other systems of knowledge including; Biomedicine, life science, social sciences,

environmental studies, design, architecture, performing and fine arts, cinema,

engineering and management and policy studies.]1

(23) “UGC” means the University Grants Commission established under section 4 of the

University Grants Commission Act, 1956 (Central Act 3 of 1956);

(24) “University” means the 1[University]1 for Trans-disciplinary Health Sciences and

Technology established under this Act. 1. Substituted by Act 13 of 2018 w.e.f. 17.03.2018.

2. Inserted by Act 13 of 2018 w.e.f. 17.03.2018.

3. Omitted by Act 13 of 2018 w.e.f 17.03.2018.

CHAPTER II THE 1[UNIVERSITY]1 AND SPONSORING BODY

3. Proposal for the establishment of the University.- (1) The Foundation shall have the right to establish the university of unitary in nature as an 1[University]1 subject to and in

accordance with the provisions of this Act.

(2) The proposal to establish a 1[University]1 shall be made to the State

Government by the Foundation.

(3) The proposal consists of the following particulars, namely:-

(i) the objects of the 1[University]1 along with the details of the Foundation;

(ii) the extent and status of the 1[University]1 and the availability of land;

(iii) the nature and type of programmes of study and research to be undertaken

by the 1[University]1 during a period of 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 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;

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(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 1[University]1 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 persons of Indian origin and

students of nationalities other than India;

(xi) the years of experience and expert ise in the concerned discipl ine at the

command of the Foundat ion as well as the financial resources;

(xii) the system for selection of students to the courses of study at the 1[University]1;

and

(xiii) status of fulfillment of such other conditions as may be required by the State

Government to be fulfilled before the establishment of the 1[University]1.

(4) A Screening Committee shall be constituted by the State Government consisting of

three members who are ex-officio members of the State Higher Education Council to examine

the proposals received, which shall make recommendations to the State Government. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

4. Establishment of the 1[University]1.- (1) W here the State Government, after considering the recommendations of the screening Committee and holding such inquiry as

it may deem necessary, is satisfied that the Foundation has ability to run an 1[University]1

with sufficient infrastructure based on the furnished particulars required in sub-section (3) of section 3, it may direct the foundation to establish the permanent Statutory

Endowment Fund as specified in section 47.

(2) After the establishment of the Permanent Statutory Endowment Fund, the

Government may, by notification, in the official Gazette, accord sanction for establishment of

the university of unitary in nature as an 1[University]1 in the State by the name of "[University]

of Trans-Disciplinary Health Sciences and Technology".

(3) The headquarters of the 1[University]1 shall be at such place, as may be

decided by the Sponsoring Body in the State. The 1[University]1 shall have Campuses or

Regional Centres, Study Centres within the state subject to norms of UGC and other National

Accreditation bodies.

(4) The First Chancellor, the First 1[the Vice Chancellor]1, First members of the Board of

Governors, First members of the Board of Management and the Academic Council and all

persons who may hereafter become such officers or members, so long as they continue to

hold such office or membership, shall constitute a body corporate and can sue and be sued in

the name of the- 1[University]1.

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(5) On sanction for the establishment of the 1[University]1 under sub-section (2), the land and

other movable and immovable properties acquired, created, arranged or built by the Foundation for

the purpose of the 1[University]1 shall vest in the 1[University]1.

(6) In all suits and other legal proceedings by or against the 1[University]1, 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.

(7) The land, building and other properties of the 1[University]1 shall not be used for any

purpose other than incidental to the objects of the 1[University]1

1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

5. Power to establish constituent college, Regional Centres or study centres.- The 1[University]1 may have Constituent Colleges, Regional Centres and Study Centres at such places in

the State as it deems fit subject to norms of UGC and other National Accreditation bodies. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

6. Effect of incorporation.- On and from the appointed day,- (a) any reference to the 1[University]1 for Trans-disciplinary Health Sciences and Technology

in any contract or other instrument shall be deemed as a reference to the 1[University]1 2[(b) XXX]2 2[(c) XXX]2 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

2. Omitted by Act 13 of 2018 w.e.f 17.03.2018.

7. Objects of the 1[University]1.-The 1[University]1 shall employ a broad range of strategies to achieve its vision and objectives,-

(i) to formulate the niche areas for research and teaching keeping in mind the needs

being socially relevant in creating a knowledge society;

(ii) to support, promote and undertake research and teaching for the advancement of

disciplinary Health Sciences enrolling students who may be medical graduates,

graduates of natural and social sciences, doctoral and postdoctoral fellows;

(iii) to have holistic frame work for researching & teaching in Trans-disciplinary

Health Sciences and Technology.

1[(iv) to focus on Indian Traditional Health Sciences, Biomedicine, life Sciences,

Social Sciences, Environmental Studies, Design, Architecture, Performing and

Fine Arts, cinema, Engineering, Management and Policy Studies to develop a

resource center of high quality]1

(v) to carve a niche in the fields of entrepreneurship and entrepreneurial research

and to develop case studies including providing strategic advice to the

Incubated Companies;

(vi) to create a dedicated research centre for the study of Trans-disciplinary Health

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Sciences and Technology.

1[(vii) to undertake programmes for development and training of faculty and

researchers of the University and to design and implement innovative Under

Graduation and Post Graduation programmes in partnership with any other

University or Institute or Organization.]1

(viii) to undertake collaborative research and advocacy with any organizations;

(ix) to provide an innovative system of University level education, flexible and

open, in regard to methods and places of learning, combination of courses,

eligibility for enrolment, age of entry, conduct of examination and operation

of programmes with a view to promoting access and equity in higher

learning and to encourage excel lence in the new fields of knowledge and

to provide special emphasis on both the academic and application oriented

learning;

(x) to promote national integration and the integrated development of human

personality through its policies and programmes. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

8. Powers of the 1[University]1.- Subject to the provisions of this Act, the 1[University]1 shall exercise the following powers and perform the following duties, namely:-

(a) to provide for, research, design of strategic outreach programs and impart instruction

in such aspects of Trans-disciplinary medicine and health sciences, including public

health, management of infectious diseases, surgery, biomedical engineering,

biostatistics, sociology and history of medicine, bioinformatics, management studies,

and arts and culture and for the advancement of learning and dissemination of

knowledge; 1[(b) to develop innovation patterns of education in under graduation and post graduation,

health science education, in all its branches and in physical and biological sciences,

humanities, social sciences, cinema, environmental studies, design, architecture,

performing and fine arts, engineering, management and policy studies of high

standards;]1

(c) to hold examinations and grant degrees, diplomas, certificates and other academic

distinctions or titles;

(d) to confer honorary degrees or other distinctions;

(e) to fix, demand and receive fees and other charges not prohibited by any law for the

time being in force;

(f) to establish, maintain and manage halls and hostels for the residence of students;

(g) to supervise and control the residence and regulate the discipline of students of the 1[University]1 and to make arrangements for promoting their health, general welfare

and cultural and corporate life;

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(h) to 1[University]1 academic and other posts, and to make appointments thereto;

(i) to frame Statutes and Regulations and to alter, modify or rescind the same;

(j) to deal with any property belonging to or vested in the 1[University]1 in such manner

as the 1[University]1 may deem fit for advancing the objects of the 1[University]1

(k) to receive gifts, grants, donations or benefactions and to receive bequests and

transfers of movable or immovable properties from testators, donors or transferors,

or take on loans, as the case may be;

(l) to co-operate or collaborate with educational or other institutions having objects

wholly or partly similar to those of the 1[University]1 by exchange of teachers and

scholars and generally in such manner as may be conducive to their common

objects;

(m) to1[University]1s and award fellowships, scholarships, exhibitions, prizes and medals;

(n) to establish standards, systems and benchmarks for various aspects of Trans-

disciplinary health sciences;

(o) to undertake consultancy in the areas or disciplines relating to the 1[University]1;

(p) to do all such things as may be necessary, incidental or conducive to the attainment

of all or any of the objects of the 1[University]1s; 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

9. 1[University]1 open to all classes, castes, creed, gender or nation.- The admissions to 1[University]1 shall be open to all persons irrespective of class, caste, creed, gender or nation. All admissions shall be made on the basis of merit in the qualifying examinations:

Provided that forty percent of the admissions in all courses of the university shall be

reserved for the students of Karnataka State and admissions shall be made through a Common

Entrance Examination conducted by the State Government or its agency and seats shall be allotted

as per the 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 like Post Graduate,

they shall be reserved by clubbing such courses together and where there are less than three

posts in any course they shall be reserved by rotation. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

10. Teaching at 1[University]1.-The 1[University]1 shall seek accreditation from respective National Accreditation bodies. Teaching at the 1[University]1 shall be conducted by or in the name of

the 1[University]1 in accordance with the standards and curricula, methods of teaching and evaluation

in accordance with the norms of National Accreditation bodies. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

11. Grants and Financial Assistance.- The 1[University]1shall be self-financing and shall neither make a demand nor shall be entitled to any maintenance, grant-in-aid or any other financial

assistance from the State or any other body or corporation owned or controlled by the State:

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Provided that the State may, provide financial support through grants or otherwise,-

(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 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 any other source. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

12. Power to establish Schools.- The 1[University]1, may establish Schools for,- (i) Trans-disciplinary Health Sciences

(ii) Trans-disciplinary Studies

(iii) Educational innovation and strategic outreach 1[(iv) Conservation of natural medicinal resources and environmental studies;]1 1[(v) Indian Traditional health sciences, Biomedicine, Life sciences, Design, Architecture

and Engineering;]1 1[(vi) Social sciences, humanities, performing and fine arts cinema and management and

policy studies"; ]1

(vii) Any other knowledge area on recommendation of the Academic council and Board of

Management and with approval of the State Government and concerned national

accreditation bodies 1[(viii) Schools shall be headed by Deans cum Advisors.]1

(ix) The 1[University]1may also establish Centers with specific foci under the Schools. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

13. Powers of the sponsoring body.- The sponsoring body shall have the following powers with reference to the 1[University]1, each of which may be exercised by the Sponsoring Body at its

discretion, namely:-

(i) to appoint or re-appoint the Chancellor of the Board of Governors;

(ii) to constitute the Board of Governors of the 1[University]1;

(iii) to nominate upto four persons as members of the Board of Management each of

which shall be eminent professionals or researchers;

(iv) to determine the source of funds to be contributed to the 1[University]1 Endowment

Fund;

(v) to determine the policies for application and spending of moneys by the 1[University]1;

(vi) to resolve a Conflict at the meeting of the Board of Governors in the manner provided

for in this Act. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

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CHAPTER – III OFFICERS OF THE [UNIVERSITY]

14. Officers of the 1[University]1.- The following shall be the officers of the 1[University]1, namely:-

(i) The Visitor;

(ii) The Chancellor;

(iii) 1[The Vice Chancellor]1;

(iv) The Chief Operating Officer & Registrar (COO & R); 2[(iv-a) Chief Programme Officer]2

(v) The 1[Dean cum Advisor]1s;

(vi) The Finance Officer; and

(vii) Such other officers as may be declared by the Board of Management to be officers of

the 1[University]1. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

2. Inserted by Act 13 of 2018 w.e.f 17.03.2018.

15. 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 of the functioning of the

University.

(2) The visitor shall preside over the convocation of the university for conferring Degree and

Diploma.

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

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

(ii) on the basis of the information received by the Visitor, if he is satisfied that any order,

proceedings, or decision taken by any authority of the University is not in conformity with

the Act, Regulations or Rules, he may issue such directions as he may deem fit in the

interest of the University and the directions so issued shall be complied with by all

concerned.

16. The Chancellor.- (1) The Chancellor shall be appointed by the Sponsoring Body for a five year term.

(2) The founder trustee of the Sponsoring Body shall be the first Chancellor, who shall hold

office for life or till he demits office.

(3) The Chancellor shall have such powers as may be conferred on him by this Act or he

Statues made there under, which shall include the following powers; namely:-

(i) to 1[nominate his representative]1 as the head of the Board of Governors;

(ii) to preside at all convocations of the 1[University]1 in absence of visitor.

(iii) to function as a member and the Chairperson of the Board of Governors of the 1[University]1 and also attend all the meetings of the Board of Governors;

(iv) to appoint or re-appoint or terminate the appointment of 1[the Vice Chancellor]1, in

accordance with the provisions of this Act and the Statute and Regulations;

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(v) to nominate three eminent persons who maybe knowledge experts or scientists or

professionals as members on the Board of Governors;

(vi) to approve the composition of the first Board of Management, the Finance Committee,

the Research Council and the Academic Council;

(vii) to resolve a conflict (excluding conflicts at a meeting of the Board of Governors) in the

manner provided for in this Act.

(viii) in the event of there being a conflict inter-se between the functionary or functionaries

or body or bodies and any other functionary or body of the 1[University]1, then the

issue shall be referred to the Chancellor and the decision of the Chancellor in respect

of the such issue shall be final and binding on the 1[University]1. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

17. 1[The Vice Chancellor]1 .- (1) 1[The Vice Chancellor]1shall be appointed by the Chancellor based on the recommendation of a three member search committee consisting of

eminent academicians, knowledge experts, professionals appointed by the Board of Governors, on

such terms and conditions as decided by the board.

(2) 1[The Vice Chancellor]1shall be the Principal Executive and Academic Officer of the 1[University]1 and shall exercise general supervision and control over the affairs of the 1[University]1

and give effect to the decisions of the authorities of the 1[University]1.

(3) 1[The Vice Chancellor]1 shall nominate and appoint the chief operating officer and 1[the

registrar (COO and R) and Chief Program Officer (CPO)]1 for the 1[University]1. 1[The Vice

Chancellor]1 is responsible for approving appointments of all 1[Dean cum Advisor]1s and senior

faculty of the 1[University]1, based on the recommendations received by committees appointed by 1[the Vice Chancellor]1 for this purpose. 1[The Vice Chancellor]1 shall exercise such other powers

and perform such other duties as may be laid down by the Statues and Regulations The services of 1[the Vice Chancellor]1can be terminated by the Chancellor with the approval of the Board of Governors and Chancellor after following the principles of natural justice and after providing an opportunity to present his case including for termination on disciplinary grounds. 1[the Vice

Chancellor]1 shall preside at the convocation of the 1[University]1 in the absence of the Chancellor

and visitor. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

18. 1[Dean cum Advisor]1s of Schools.- 1[Dean cum Advisor]1s of schools in the 1[University]1 shall be appointed by 1[the Vice Chancellor]1 and they shall exercise such powers and

perform such duties as may be laid down by the Statutes and Regulations. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

19. Chief Operating Officer & Registrar (COO&R).-(1) Chief Operating Officer and Registrar (COO&R) shall be nominated and appointed by 1[the Vice Chancellor]1 on such terms and

conditions as may be laid down by the Statutes and Regulations.

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(2) The COO & R shall be responsible for the 'day to day' financial administrator, human

resources management, meet statutory compliance needs with all government bodies like IT, ROC,

etc, and also play the role of the registrar in the educational units.

(3) All contracts shall be entered into and signed by the COO&R on behalf of the 1[University]1.

(4) The COO&R shall have the power to authenticate records on behalf of the 1[University]1

and shall exercise such other powers and perform such other duties as may be laid down by the

Statutes and Regulations or may be required from time to time, by the Chancellor.

(5) The COO&R shall be responsible for the due custody of the records and the common seal

of the 1[University]1 and shall be bound to place before the Chancellor,1[the Vice Chancellor]1 or any

other authority, all such information and documents as demanded.

(6) The COO&R shall represent the 1[University]1 in all legal proceedings. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

1[19-A. Chief Programme Officer.- The Chief Programme Officer shall be responsible for co-

ordinating the research, education and outreach activities of the schools of the University.]1

1. Inserted by Act 13 of 2018 w.e.f 17.03.2018.

20. The Finance Officer.- The Finance Officer shall be appointed by the COO&R and he shall exercise such powers and perform such duties as may be laid down by the Statutes and

Regulation.

21. Other Officers.- The manner of appointment, terms and conditions of service and powers and duties of the other officers of the 1[University]1 shall be such as may be prescribed by the Rules

and Regulations. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

CHAPTER – IV AUTHORITIES OF THE [UNIVERSITY]

22. Authorities of the 1[University]1.- The following shall be the authorities of the 1[University]1, namely:-

(i) The Board of Governors;

(ii) The Board of Management;

1[(iii) Academic, Research and outreach Council;]1 2[(iv) XXX ]2

(v) The Finance Committee; and

(vi) Such other authorities as may be declared by the Board of Management to be the

authorities of the 1[University]1. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

2. Omitted by Act 13 of 2018 w.e.f 17.03.2018.

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23. The Board of Governors and its powers.- The Board of Governors shall consist of the following, namely:-

(i) The Chancellor

(ii) 1[The Vice Chancellor] 1

(iii) The Principal Secretary to Government incharge of Health and Family welfare ;

(iv) Three eminent knowledge experts/scientists/professional as nominated by the

Chancellor in consultation with 1[the Vice Chancellor]1. (v) Three eminent persons each of whom may be nominated by the Sponsoring Body.

(vi) One eminent Educationist nominated by the U.G.C.

(2) The COO&R and 1[Dean cum Advisor]1s shall always be non-voting invitees on the Board

of Governors.

(3) The tenure of office of the members of the Board of Governors, appointment of members,

renewal and removal, etc., shall be such as may be laid down by the Statute.

(4) Meetings of the Board of Governors shall always be chaired by the Chancellor and in his

absence by any one of the nominees of the Sponsoring Body and where the Sponsoring Body has

not nominated any nominees, then by 1[the Vice Chancellor]1 .

(5) Quorum for all meetings of the Board of Governors, shall be five members attending and

voting at such meeting:

Provided that the presence of either the Chancellor or one nominee of the Sponsoring Body and in the absence of the Chancellor or one nominee of Sponsoring Body, 1[the Vice Chancellor]1 ,

shall always be necessary to form the quorum for any meeting of the Board of Governors.

(6) No resolution shall be passed or decision be taken by the Board of Governors at their

meeting, in respect of any Agenda Matters except pursuant to an affirmative vote by the Chancellor in favour of the Agenda matter.

(7) In the event of a conflict of opinion at a meeting of the Board of Governors, the issue shall

be referred to the Sponsoring Body and the decision of the Sponsoring Body in respect of such issue

shall be final and binding on the 1[University]1.

(8) The Board of Governors shall be the Principal Governing Body of the 1[University]1 and

shall have the following powers, namely:-

(i) to appoint the Statutory Auditors of the 1[University]1;

(ii) to lay down policies to be pursued by the 1[University]1;

(iii) to review decisions of the other authorities of the 1[University]1 if they are not in

conformity with the provisions of this Act or the Rules and Regulations;

(iv) to approve the Budget and Annual Report of the 1[University]1;

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

(vi) to take decision about voluntary winding up of the 1[University]1;

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

16

(viii) to take such decisions and steps as are found desirable for effectively carrying out the

objects of the 1[University]1;

(ix) to collaborate and participate with other bodies and institutions to set up new entities

that promote the purpose of the Foundation.

(9) The Board of Governors shall meet at least three times a year. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

24. The Board of Management.- (1) The Board of Management shall consist of the following, namely:-

(i) 1[The Vice Chancellor]1;

(ii) The COO&R;

(iii) Upto a maximum of four nominees of the Sponsoring Body, each of which shall be

eminent professionals or researchers;

(iv) All 1[Dean cum Advisor]1s of the Schools.

(2) 1[The Vice Chancellor]1 shall be the Chairperson of the Board of Management and the

COO&R shall be the Secretary of the Board of Management.

(3) The powers and functions of the Board of Management shall be to formulate the

Regulations and oversee their implementation.

(4) All meetings of the Boards of Management shall always be chaired by 1[the Vice

Chancellor]1 and in the absence of 1[the Vice Chancellor]1 , by the nominee of the Sponsoring Body

and where the Sponsoring Body has not nominated any nominees, then by any other member.

(5) In the event of a conflict of opinion at a meeting of the Board of Management, the issue

shall be referred to the Chancellor and the decision of the Chancellor in respect of such issue shall be final and binding on the 1[University]1.

1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

1[25. The Academic, research and outreach council.- (1) The Academic, research and

outreach council shall consist of the following, namely:-

(i) The Vice-Chancellor – Chair –person

(ii) The Dean cum Advisor – Member

(iii) The Chief Operating officer and Registrar (COO&R) – Secretary

(iv) The Chief Programme Officer – Member

(v) Such other members as may be specified by the Board of Management.

(2) The Academic, research and outreach council shall be the principal academic body of the

University and shall exercise general supervision over the academic policies of the University.]1

1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

1[26. XXX]1

1. Omitted by Act 13 of 2018 w.e.f 17.03.2018.

17

27. The Finance Committee.- (1) The Finance Committee shall consist of the following,

namely:-

(i) The Chancellor or his Nominee - Chairperson

(ii) 1[The Vice Chancellor]1 – Member

(iii) The COO&R- Member

(iv) The 1[Dean cum Advisor]1s- Members

(v) Finance Officer – Secretary

(vi) One nominee of the Sponsoring Body- Member; and

(vii) Such other members as may be specified by the Board of Management.

(2) The Finance Committee shall be the principal financial body of the 1[University]1 to take

care of financial matters and shall co-ordinate and exercise general supervision over the financial

matters of the 1[University]1. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

28. Other Authorities.- The constitution, powers and functions of the other authorities of the 1[University]1 shall be such as may be specified by the Board of Governors.

1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

29. Disqualification for membership of an Authority or Body.- A person shall be disqualified for being a member of any of the authority or body of the University, if he,-

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

(b) is an un discharged insolvent;

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

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

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

any examination, in any form, anywhere;

(f) as and when the Sponsoring Body were to form an opinion in writing that a

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

30. Proceedings not invalidated on account of vacancy.- No act or proceedings of any authority of the 1[University]1 shall be invalid merely by reason of the existence of any vacancy or

defect in the constitution of the authority. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

31. 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 the meeting of the Board of

Governors or the Board of Management or any Committees without obtaining the prior written

approval of the Chancellor.

18

(2) In the event of breach, the Chancellor shall be entitled at all time to immediately take

remedial action by reversing all decisions taken by any functionary or functionaries or body or bodies

of the 1[University]1 in breach of the provisions of the Act and consequent upon the pursuit of such a

remedial action all such actions taken by the functionary or functionaries or body or bodies of the 1[University]1 in breach of the provisions of the Act shall be deemed to be null and void, ab initio and

consequently the status quo ante shall prevail in respect of the matter or decision in breach. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

CHAPTER - V STATUTES AND REGULATIONS

32. Statutes.- Subject to the provisions of this Act, the Statute may provide for any matter relating to the 1[University]1 and staff, as decided by the Board of Management with approval of the

Board of Governors. The Statutes may pertain to the following matters, namely:-

(i) the procedure for transaction of business of the Authorities of the 1[University]1 and

the composition of bodies not specified in this Act;

(ii) the operation of the permanent statutory endowment fund, 1[University]1endowment

fund, the general fund and the development fund;

(iii) the terms and conditions of appointment of 1[the Vice Chancellor, the Chief Operating

Officer, Registrar (COO and R), the Chief Programme Officer,]1 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 1[University]1;

(v) the procedure for resolving disputes between the 1[University]1 and its officers, Faculty

members, employees and students;

(vi) creation, abolition or restructuring of schools and centers;

(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) number of seats in different courses of studies and the procedure of admission of

students to such courses;

(xi) the fee chargeable from students for various courses of studies not prohibited by any

law from time being in force;

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

(xiii) procedure for creation and abolition of posts;

(xiv) to specify the tenure of various authorities of the 1[University]1

(xv) other matters which may be specified. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

19

33. Statute how made.- (1) The first Statute 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 set of Statutes, submitted by the Board of

Management and shall give its approval thereon with such modifications, if any, as it may deem

necessary.

(3) Where the Board of Governors fails to take any decision with respect to the approval of

the Statutes within a period of thirty days it shall be deemed to have been approved by the Board of

Governors.

(4) The 1[University]1 shall publish the First set of Statutes as approved by the Board of

Governors in the 1[University]1 Notification, and thereafter, the First Statutes shall come into force

from the date of its publication. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

34. Power to amend the Statutes.- The Board of Management may, make new or additional statutes or amend or repeal the Statutes.

35. Regulations.- 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 1[University]1 and their enrollment and continuance as

such;

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

the 1[University]1;

(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 and moderators;

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

distinctions of the 1[University]1;

(vii) the conditions of residence of the students at the 1[University]1 or a Constituent

College;

(viii) maintenance of discipline among the students of the 1[University]1 or a Constituent

College;

(ix) all other matters as may be provided in the Rules under the Act. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

36. Regulations how made.- The Regulations shall be made by the Academic Council and approved by Board of Management.

37. Power to amend Regulations.-The Academic Council may, with the approval of the Board of Management, make new or additional regulations or amend or repeal the regulations.

20

38. Fee Regulation Committee.- (1) The fee of the university seats reserved for Karnataka students under Section 9 shall be regulated by the Fee Regulation Committee Constituted by the

Government, which shall be headed by a retired Supreme Court or High Court Judge and consists of

Chancellor and 1[the Vice Chancellor]1 of the 1[University]1, Principal Secretary or Secretary to Government in charge of Health and Family Welfare or by his nominee not below the rank of Deputy

Secretary, two Academicians nominated by the Board of Governors of whom one shall be woman.

A Chartered Accountant of repute shall be co-opted for this purpose in the Committee. (2) The committee shall lay down the procedure and modalities consistent with the statute for

fixation of fee structure for all the academic programmes.

(3) The fee structure so proposed by the committee shall be placed before the Board of

Governors for approval. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

CHAPTER – VI MISCELLANEOUS

39. Conditions of service of employees.- (1)Every employee shall be appointed under a written contract, which shall be kept in the 1[University]1 and a copy of which shall be furnished to the

employee concerned.

(2) Disciplinary action against the employees shall be governed by the procedure specified in

the Statutes.

(3) Any dispute arising out of the contract between the 1[University]1 and an employee shall,

be resolved in the manner provided for in the written contract and in accordance with the Statutes

and Regulations and any other conditions as may be prescribed by rules. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

40. Right to appeal.- In case of disciplinary actions by the 1[University]1 against its employee or student, the aggrieved employee or students shall have a right to appeal to the Board of

Management. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

41. Provident fund.- The 1[University]1 shall constitute for the benefit of its employees such provident or pension fund and provide such insurance scheme as it may deem fit in such

manner and subject to such conditions as may be specified by the Statutes and the laws in force. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

42. Disputes as to constitution of 1[University]1 authorities and bodies.- If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be a member

of any authority or other body of the 1[University]1, the matter shall be referred to the Chancellor whose decision thereon shall be final.

1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

21

43. Constitution of Committees.- Any authority of the 1[University]1 mentioned in Chapter IV, shall be empowered to constitute a committee of such authority, consisting of such members of

such authority and having such powers as the authority may deem fit. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

44. Filling of casual vacancies.- Any casual vacancy among the members, other than ex- officio members of any Authority or body of the 1[University]1 shall be filled in the same manner in

which the member whose vacancy is to be filled up, was chosen, and the person filling the vacancy

shall be a member of such authority or body for the residue of the term for which the person in whose

place he would have been a member. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

45. Protection of action taken in good faith.- No suit or other legal proceedings shall lie against any officer or other employee of the 1[University]1 for anything, which is done in good faith or

intended to be done in pursuance of the provisions of this Act or the Rules, Statutes and Regulations. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

46. Transitional provisions.- Notwithstanding anything contained in any other provisions of this Act and the Statutes and Regulations,-

(i) the first 1[the Vice Chancellor]1 shall be appointed by the Chancellor;

(ii) the first COO&R, , the first 1[Dean cum Advisor]1s and the first Finance Officer shall be

appointed by 1[the Vice Chancellor]1 ; and

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

Committee, the first Research Council and the first Academic Council shall be

constituted by 1[the Vice Chancellor]1 with approval of the Chancellor of the Board of

Governors . 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

47. Permanent Statutory Endowment Fund.-(1)The 1[University]1 shall establish a Permanent Statutory Endowment Fund of at least rupees twenty-five crores which may be increased

suo moto but shall not be decreased.

(2) The 1[University]1 shall have power to invest the permanent Statutory Endowment Fund in

such manner as may be prescribed.

(3) The 1[University]1 may transfer any amount from the General Fund or the Development

Fund to the permanent Statutory Endowment Fund. Excepting in the dissolution of the 1[University]1,

in no other circumstances can any moneys be transferred from permanent Statutory Endowment

Fund for other purposes.

(4) Seventy five percent of the incomes received from permanent Statutory Endowment Fund

shall be used for the purpose of development or general work of the 1[University]1. The remaining

twenty five percent shall be reinvested in the permanent Statutory Endowment Fund. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

48. 1[University]1 Endowment Fund.- (1) The 1[University]1 shall establish a 1[University]1

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

22

(2) The 1[University]1 shall have the power to invest the 1[University]1 Endowment Fund in a manner as may be specified by the Statutes and Regulations.

(3) The 1[University]1 Endowment Fund is a self-imposed fund that the 1[University]1 desires to maintain voluntarily and invest it responsibly to protect itself from financial challenges that may arise on account of pursuing social objectives and/or unforeseen circumstance.

(4) The 1[University]1 may transfer any amount from the General Fund or the development fund to the [1[University]1 Endowment Fund. Excepting in the dissolution of the 1[University]1, in no other circumstances moneys can be transferred from the 1[University]1 Endowment Fund for other purposes.

(5) Eighty percent of the incomes received from the 1[University]1 Endowment Fund shall be used for the purposes of development or general work of the 1[University]1 . The remaining twenty percent shall be reinvested into the 1[University]1 Endowment Fund.

1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

49. General Fund.- (1) The 1[University]1 shall establish a General Fund to which the following amount shall be credited, namely:-

(i) all fees which may be charged by the 1[University]1; (ii) all sums received from any other source not prohibited by any law for the time being

in force; (iii) all contributions made to the 1[University]1; (iv) all contributions/donations made in this behalf by any other person or 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 the recurring

expenditure of the 1[University]1.

1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

50. Development fund.- The 1[University]1 shall also establish a Development Fund to which the following funds shall be credited, namely:-

(i) development fees which may be charged from students not prohibited by any law for the time being inforce;

(ii) all sums received from any other source for the purposes of the development of the 1[University]1;

(iii) all contributions made to the 1[University]1; (iv) all contributions/donations made in this behalf by any other person or body which are

not prohibited by any law for the time being in force; and (v) incomes received from the Permanent Statutory Endowment Fund.

(2) The funds credited to the Development Fund from time to time shall be utilized for the development of the 1[University]1.

1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

51. Maintenance of funds.- The funds established under sections 47, 48, 49 and 50 shall, subject to general supervision and control of the Board of Governors, be regulated and maintained in

such manner as may be prescribed by rules.

23

52. Annual Report.- (1) The annual report of the 1[University]1 shall be prepared under the direction of the Board of Management and shall be submitted to the Board of Governors for its

approval.

(2) The Board of Governors shall consider the annual report in its meeting and may approve

the same with or without modification.

(3) A copy of the annual report duly approved by the Board of Governors shall be sent to the

Government before 31st December following close of the financial year in 31st March of each year. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

53. Account and audit.- (1) The annual accounts and balance sheet of the 1[University]1 shall be prepared under the direction of the Board of Management and all funds accruing to or received by

the 1[University]1 from all source and all amount disbursed or paid shall be entered in the account

maintained by the 1[University]1.

(2) The annual accounts of the 1[University]1 shall be audited annually by an auditor, who is a

member of the 1[University]1 of Charted Accountants of India.

(3) A copy of the annual accounts and the balance sheet together with the audit report shall

be submitted to the Board of Governors before 30th November following close of the financial year in

31st March of each year.

(4) The annual accounts, the balance sheet and the audit report shall be considered by the

Board of Governors at its meeting and the Board of Governors shall forward the same to the

Government along with its observations thereon before the 31st December of each year.

(5) In the event of any material alteration in the Report of the Auditors, the Government may

issue directions to the 1[University]1, and such directions shall be binding on the 1[University]1. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

54. Mode of proof of 1[University]1 record.- A copy of any receipt, application, notice, order, proceeding or resolution of any authority or committee of the 1[University]1 or other documents in

possession of the [University] or any entry in any register duly maintained by the 1[University]1, if

certified by the COO&R, shall be received as prima facie evidence of such receipt, application,

notice, order, proceeding, resolution or document or the existence of entry in the register and shall be

admitted as evidence of the matters and transaction therein recorded where the original thereof

would, if produced, have been admissible in evidence. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

55. Power of State Government to issue directions.- The State Government may give such directions to the 1[University]1 as in its opinion are necessary or expedient for carrying out the

purposes of this Act or to give effect to any of the provisions contained therein or of any rules or

orders made thereunder and the Board of Governor or the Board of management, as the case may

be, of the 1[University]1 shall comply with every such direction. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

56. Penalties.- (1) Whoever contravenes the provisions of this Act or the rules made thereunder or any examination matters or in matters relating to award of degrees or in giving marks

24

cards shall on conviction be punishable with fine of rupees fifty thousand which may extend to ten

lakh rupees or with an imprisonment for a term of six months which may extend to two years or with

both.

Provided that, where the University is also involved the permission letter granted under this

Act to commence the University shall be withdrawn.

(1) A penalty under this section may be imposed without prejudice to the penalty specified

in any other Act.

57. 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 such conditions as may be

specified therein under the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act,

1984 (Karnataka Act 37 of 1984) shall be deemed to be the Officer authorized to exercise the same

powers and discharge the same functions as provided under section 9 of that Act for the purposes of

this Act.

58. Power to give direction for dissolution of the 1[University]1.- (1) If the 1[University]1

proposes dissolution in accordance with the law governing its constitution or incorporation, it

shall give at least six months prior notice in writing to the Government.

(2) The Karnataka State Higher Education Council shall conduct periodical Inspection of

University regarding,-

(i) standard of instructions for grant of degree;

(ii) quality of education;

(iii) avoidance of commercialization of Higher Education;

(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 1[University]1 to set right the

administration . If the direction is not followed within such time as may be prescribed, the right to

take decision for winding up of the 1[University]1 or any course thereof shall vest with the

Government.

(4) The manner of winding up of the 1[University]1 or any course thereof shall be such as

may be prescribed by the Government in this behalf:

Provided that no such action shall be initiated without affording a reasonable

opportunity to show cause to the 1[University]1

(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 for administration

of the 1[University]1 from the proposed date of dissolution of the 1[University]1 or winding up of

the course and until the last batch of students in regular courses of studies of the 1[University]1 complete their courses of studies in such manner as may be specified by the

Statues. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

25

59. Expenditure of the 1[University]1 during dissolution.- (1) The expenditure of administration of the 1[University]1 during the taking over period of its management under

sub-section (2) of section 50 shall be met out of the Permanent Statutory Endowment Fund, the

General Fund or the Development Fund in such manner as may be prescribed.

(2) If the fund referred to in sections 47, 48, 49 and 50 are not sufficient to meet the

expenditure of the 1[University]1 during the taking over period of its management, such expenditure

may be met by disposing of the properties or asset of the 1[University]1, by the Government. 1. Substituted by Act 13 of 2018 w.e.f 17.03.2018.

60. Removal of difficulties.- If any difficulty arises in giving effect to the provisions of this Act, the Government may, by a notification or by order, make such provisions, which are not

inconsistent with the provisions of this Act, as appear to it to be necessary or expedient, for removing

the difficulty:

Provided that no notification or order under this section shall be made after the expiry of a

period of three years from the commencement of this Act.

61. Power to make rules by the State Government.- (1) The State Government may make rules, by notification, to carryout the purposes of this Act.

(2) Every rule made under this Act shall be laid as soon as may be after it is made before

each House of the State Legislature while it is in session for a total period of thirty days which may

be comprised in one session or in two or more successive sessions, and if, before the expiry of

the session immediately following the session or the successive sessions aforesaid, both Houses

agree in making any modification in the rule or both Houses agree that the rule should not be made,

the rule 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 rule.

The above translation of CAvÀg﫵ÀAiÀÄ DgÉÆÃUÀå «eÁÕ£ÀUÀ¼ÀÄ ªÀÄvÀÄÛ vÀAvÀæeÁÕ£À À̧A Ȩ́Ü C¢ü¤AiÀĪÀÄ, 2013 (2013gÀ

PÀ£ÁðlPÀ C¢s¤AiÀĪÀÄ À̧ASÉå: 35) be published in the Official Gazette under clause (3) of Article 348 of the

Constitution of India. for the word "Director", "Dean" and "Institute" wherever it occurs, the words [the Vice Chancellor],

[Dean cum Advisor] and [University] substituted by Act 13 of 2018 w.e.f. 17.03.2018

H.R.BHARDWAJ GOVERNOR OF KARNATAKA

By Order and in the name of the Governor of Karnataka

K. DWARAKANATH BABU Secretary to Government (I/c),

Department of Parliamentary

Affairs and Legislation.

26

KARNATAKA ACT NO. 13 OF 2018 (First Published in the Karnataka Gazette Extra-ordinary on the seventeenth day of March, 2018)

THE INSTITUTE OF TRANS-DISCIPLINARY HEALTH SCIENCES AND TECHNOLOGY

(AMENDMENT) ACT, 2017 (Received the assent of Governor on the twelveth day of March, 2018)

An Act to amend the Institute of Trans-disciplinary Health Sciences and Technology Act, 2013.

Whereas it is expedient to amend the Institute of Trans-disciplinary Health Sciences and Technology Act, 2013 (Karnataka Act 35 of 2013), for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the sixty-eighth year of the Republic of India, as follows:- 1. Short title and commencement.- (1) This Act may be called the Institute of Trans- disciplinary Health Sciences and Technology (Amendment) Act, 2017.

(2) It shall come into force at once. 4. Substitution of Expressions.- In the Principal Act,-

(i) for the word "Director" wherever it occurs, the words "the Vice Chancellor" shall be substituted;

(ii) for the word "Dean" wherever it occurs, the words "Dean cum Advisor" shall be substituted; and

(iii) for the word "Institute" wherever it occurs, the word "University" shall be substituted.

Sections 1,2,6,7,8,12,14,16,17,22,25,26,32 and new section 19-A are incorporated in the

principal Act

  • CHAPTER – IV
  • CHAPTER – IV