KARNATAKA STATE OPEN UNIVERSITY

KARNATAKA STATE OPEN UNIVERSITY

MANASAGANGOTHRI MYSORE - 570 006

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EDUCATION SECRETARIAT
Notification No. ED 1 UOV 9 5 Bangalore, dated 1 2 t h February 1 9 9 6 In exercise of the powers conferred by sub-section (3) of section 1 of the Karnataka State Open University Act, 1 9 9 2 (Karnataka Act, No 4 6 of 1994), the Government of karnataka here b y appoints the first day of June 1 9 9 6 t o be held the date on which the said A c t shall come into force.

By Order and in the name of t h e Governor of Karnataka M O H A M E D KHALEELUR R A H M A N Under Secretary t o Government Education Department (University)

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LAW AND PARLIAMENTARY AFFAIRS SECRETARIAT Notification

No. LAW 9 LGN 92. Bangalore, dated 2 6 t h May 1995. Ordered that the translation of the d a ~ u d mq, A d

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wQa&&, 1 9 9 2 in the English Language, be published as authorised by the Governor of Karnataka under Clause (3) of Article 3 4 8 of the Constitution of lndia in the Karnataka Gazette for general information.
The following translation of the iia~udmz;, &d
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&ddimab;~u& wQa&&, 1 9 9 2 in the English language is published in the Official Gazette under the authority of the Governor of Karnataka under clause ( 3 ) of Article 3 4 8 of the Constitution of lndia

KARNATAKA ACT NO. 4 6 OF 1 9 9 4

(First published in the Karnataka Gazette Extra-Ordinary dated Eleventh day of November, 1 9 9 4 )

"Academic Council", means t h e A c a d e m i c C o u n c i l of t h e University: "Board o f t h e M a n a g e m e n t " means t h e Board of M a n a g e m e n t o f t h e University: "College" means a college or other academic institution established or maintained or admitted t o t h e privileges of t h e University. "Distance Education s y s t e m " means t h e system of imparting education through any means of communication such as broadcasting, t e l e c a s t i n g , i n s t r u c t i o n m e d i a or p r i n t m e d i a , seminars, c o n t a c t programmes or t h e combination o f a n y t w o or m o r e of such means: "employee" means any person appointed b y t h e University and includes academic and administrative s t a f f of t h e University. "Finance Committee" means t h e Finance Committee o f t h e University. "Regional Centre" means a Centre established or m a i n t a i n e d b y University f o r t h e purpose o f c o ordinating and supervising t h e w o r k of Study Centres in a n y r e g i o n a n d o r p e r f o r m i n g s u c h o t h e r f u n c t i o n s as m a y b e conferred o n such centre b y t h e Board of Management. "Regul8tions" means t h e Regulations made b y any authorities of t h e University under this A c t for t h e t i m e being i n force; "Statutes and Ordinances" means, respectively, t h e Statutes and Ordinances of the University for t i m e being in force;

THE KARNATAKA STATE OPEN UNIVERSITY ACT, 1992

(Received the assent of the Governor on the eighth day of November, 1 9 9 4 )

A n A c t t o establish and incorporate an Open University a t t h e State level f o r t h e i n t r o d u c t i o n a n d p r o m o t i o n o f Open University a n d distance e d u c a t i o n systems i n t h e educational pattern of t h e State and for t h e co-ordination and determination o f standard o f such systems. Whereas i t is expedient t o establish an Open University for purpose hereinafter appearing. Be it enacted b y t h e Karnataka State Legislature in t h e Forty-third Year o f t h e Republic of India as f o l l o w s :
CHAPTER I

PRELIMINARY
1.
Short title, e x t e n t a n d c o m m e n c e m e n t . - ( 1 )

(1) (2)

This A c t m a y be called t h e Karnataka State Open University A c t . 1 9 9 2 . It extends t o t h e w h o l e o f t h e State o f Karnataka Government rnay b y notification in official Gazette, appoint.

(3) I t shall c o m e i n t o force o n such date as t h e State

2Definitions:In t h i s A c t , and t h e statutes made hereunder, unless t h e c o n t e x t otherwise required,

(j)

"Student" means a student of the University and includes any person w h o enrolled himself for pursuing any course of study of the University; "Study Centre", means a centre established, maintained or for valuation and for conducting the examination or recognised b y the University for the purpose of advising, counselling or for rendering any other assistance required b y the students; "Teacher" means Professors, ~ e a d e r s , ' ~ e c t u r e rand s such other persons as may be designated as such b y the Ordinance for imparting instruction in the U n i v e r s i t y or f o r g i v i n g guidance or rendering assistance t o students for pursuing any course of study of t h e University.

notification and it may establish, maintain or recognized colleges, Regional Centres and study centres at such places in Karnataka and may also open centres outside Karnataka at such places as it deems fit.

(k)

(3)

(I)

The First Vice- Chancellor, the first Registrar and the first members of the Board of Management. The Academic Council and all persons who may hereafter become such officers or members, so long as they continue t o hold such offices or membership are hereby constituted a body corporate by the name of the Karnataka State Open University. The University shall have perpetual succession and a common seal and shall sue and be used by the said name. The University shall be competent t o acquire and hold property both movable and immovable to lease, sell or otherwise transfer any movable or immovable property which may have become vested in or been acquired by it, for the purposes of the University and t o contract and to do all other things necessary for the purpose of this Act. In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by and all processes in such suit and proceedings shall be issued t o and be served on the Registrar.
The objects of the University -

(4)

( m ) "University", means the Karnataka State Open University established under section 3 of the Act; (n) "Vice- Chancellor " and "Registrar" means respectively, the Vice-Chancellor and a Registrar of the University.

(5)

(6)
CHAPTER l l

THE UNIVERSITY
3.
(1 ) (2)
Establishment and incorporation of the University,

4.

There shall be established a University by the name of the "the Karnataka State Open University" The head - quarters of the University shall be a such place as may be specified by the Government by

The objects of the U n i v ~ r s i t y shall be t o advance and disseminate learning and knowledge by a diversity of means, including the use of any communication t e c h n o l o g y t o provide opportunities f o r higher education t o a larger segment of the population and to promote the educational well being of the community

generally, t o encourage O p e n University distance education system i n the educational pattern o f the State and t o co-ordinate and determine t h e standards in such systems, and the University shall i n organising its activities have due regard t o the objects specified in the First Schedule.

other academic activities, including guidance, designing and delivery of course and evaluation of t h e work done b y the students and t o appoint persons t o s u c h professorships, readerships, lecturerships and other academic positions; (vii) t o co-operate w i t h and seek the co-operation of other universities a n d i n s t i t u t i o n s o f higher learning professional bodies and organisations for s u c h p u r p o s e s as t h e u n i v e r s i t y c o n s i d e r s necessary. (viii) t o institute and award fellowships, scholarships, prizes and such other awards for recognition of merit as the University may deem fit; (ix) t o establish and maintain such Regional Centres as m a y be determined b y t h e University f r o m time t o time; Centres in the manner laid d o w n b y the Statutes; (xi) t o provide for the preparation of instructional materials using multimedia educational kits and other software;

5.
( 1)

Power of the University -

The University shall have the following powers namely: (i) t o provide for admission and for instruction in such branches of knowledge including technology, vocations and professions as t h e University may determine f r o m time t o t i m e and t o make provision for research; t o p l a n a n d prescribe courses o f s t u d y f o r degrees, diplomas, certificates and for research or any other purpose; t o h o l d examination and confer degrees, d i p l o m a s , c e r t i f i c a t e s or o t h e r a c a d e m i c distinctions or recognitions including Ph.D o n persons w h o have pursued a course o f study or conducted research i n t h e manner laid d o w n by t h e statutes and Ordinances: t o confer honorary degrees or other distinctions in t h e manner laid d o w n b y the Statutes: t o d e t e r m i n e t h e m a n n e r i n w h i c h distance education in relation t o the academic programmes of t h e University m a y be organised: t o institute professorships, readerships, l e c t u r e r s h i p s and o t h e r academic p o s i t i o n s necessary for imparting instruction or for preparing educational material or for conducting

(ii)

(XI t o establish, m a i n t a i n a n d recognise S t u d y

(iii)

(iv)
(v)

(xii) t o organise and conduct refresher course workshops, seminars and other p r o g r a m m e s for teachers, lesson writers, evaluators and other academic staff; (xiii) t o recognise examinations of or periods o f study ( w h e r e i n f u l l or p a r t ) at other universities, institutions or other places of higher learning as equivalent t o examinations or periods o f study in the University and t o withdraw such recognition at any time.

(vi)

(xiv) t o make provision for research and development in educational technology and related matters; (xv) t o create administrative, ministerial and other necessary p o s t s a n d t o m a k e a p p o i n t m e n t s thereto: (xvi) t o receive benefactions, donations and gifts and acquire, hold, m a i n t a i n and dispose o f a n y property, movable or immovable, including trust and Government property for t h e purposes of the University; (xvii) t o borrow, w i t h t h e approval o f the t h e State Government, whether o n t h e security of t h e property of t h e University or otherwise money for the purposes of t h e University. (xviii) t o enter into, carry out, vary or cancel contracts; (xix) t o demand and receive such fees and other charges as m a y be laid d o w n by the Ordinances;
(XX)

c o r l d i t i o n s as rriay b e laid d o w n b y t h e Ordinances; (xx~vt ) o determine standards and t o specify c o r ~ d ~ t i o l l s of t h e admission of students t o courses of sttrdy of the University which may include e x a r i i l l ~ a t ~ o l ~ , evaluation and any other method of testing;
(XXV)

t o make arrangements for the promotion of the general health and welfare of the employees;

(xxvi) t o confer autonomous status on a college or a Regional Centre in the manner laid d o w n b y the statutes; (xxvii) t o admit t o its privileges any College in Karnataka subject t o such condition as m a y be laid d o w n b y the Statutes; (xxviii) t o d o all s u c h acts as. m a y be necessary or incidental t o t h e exercise of all or any of the powers of the University as are necessary and conducive t o the ~ r o m o t i o n of all or any of the objects of the University.

t o provide control and maintain discipline among the students and all categories of employees and t o lay d o w n the conditions of service of such employees including their codes of conduct;

(21

(xxi) t o recognise any institution of higher learning or studies for such purposes as t h e University may determine and t o w i t h d r a w such recognition; (xxii) t o appoint either on contact or otherwise, visiting professors. Emeritus professors, Consultants, Fellows Scholars, artists, Course writers and such other persons w h o may contribute t o the advancement of t h e objects of t h e University; (xxiii) t o r e c o g n i s e p e r s o n s w o r k i n g i n o t h e r universities, i n s t i t u t i o n s or organisations as teachers of the University on such terms' and
8

Notwithstanding anything contained in any other l a w f o r t h e t i m e being i n force, b u t w i t h o u t prejudice t o t h e provisions of sub section ( 1 ) it shall be the d u t y of t h e University t o take all such steps as it may benefit for the promotion o f o p e n U n i v e r s i t y and d i s t a n c e e d u c a t i o n systems and for t h e determination of standards of teaching, evaluation and research in such systems and for the purpose of performing this function the university shall have such powers, including t h e p o w e r t o allocate and disburse grants t o Colleges, w h e t h e r a d m i t t e d t o i t s privileges or not or t o any other University or institution of higher learning, as m a y be specified b y t h e Statutes;
9

6.
(1)

University open t o all classes, castes and creeds The University shall be open t o persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the university t o adopt or impose on any person any test whatsoever o-F religious belief or profession in order t o entitle him t o be appointed as a teacher of the University or t o hold any other office therein or admitted as a student in the university, or t o graduate there at, or t o enjoy or exercise any privilege thereof. Nothing in sub-section ( 1 ) shall be deemed t o prevent the University from making any special provision for the appointment or admission of w o m e n or of person belonging t o the weaker section of t h e society and in particular of persons belonging t o the Scheduled Castes or Scheduled Tribes. CHAPTER Ill

I{
(

The Chancellor:
I)

The Governor of Karnataka shall be the Chancellor of the University. Subject t o the Provisions of sub-sections ( 3 ) and (4) t h e Chancellor shall h a v e t h e r i g h t t o cause an inspection t o be made by such person or persons as he m a y direct of t h e University i t s buildings, laboratories and equipments, and of any College, Regional Centre, a S t u d y Centre and also of t h e examir~ation,instruction and other w o r k conducted or done b y t h e University and t o cause an inquiry t o be made in like manner in respect of any matter connected w i t h the administration and finance of the University. The Chancellor shall in ever case, give notice t o the University of his intention t o cause an inspection of inquiry t o be made and the University shall, o n receipt of such notice, have the right t o make, within thirty days from the date of receipt of the notice or such o t h e r p e r i o d as t h e C h a n c e l l o r m a y d e t e r m i n e , representations t o him as it may consider necessary. After considering the representations, if any, made b y t h e University, the Chancellor may cause t o be made such inspection or inquiry as is referred t o in subsection(2). Where an inspection or inquiry has been caused t o be made b y the Chancellor t h e University shall be entitled t o appoint a representative w h o shall have t h e right t o appear in person and t o be heard o n such inspection or inquiry. The Chancellor may address the Vice- Chancellor w i t h reference t o the results of inspection or inquiry together w i t h such views and advice w i t h regard t o t h e action t o be taken thereon as t h e Chancellor may be pleased t o offer and receipt of the address made by the

(2)

(2)

(3)

OFFICERS OF THE UNIVERSITY

7. The officers of the UniversityThe following shall be the officers of the University1)

The Chancellor The Pro

-

2) 3)
4)

Chancellor
-

The Vice

Chancellor

The Registrar The Dean (Academic) The Finance Officer The Director, Multi- media course material centre The Director (Computer)

5)
7)

8)
9)

I(;)

10) Such other officer as may be declared by the Statutes t o be t h e Officers of the Uniyersity.

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days o f s u c h decision and if t h e authority refuse t o review i t s decision either i n w h o l e or i n part or n o decision is taken b y i t w i t h i n t h e said period o f sixty days, t h e matter shall b e referred t o t h e Chancellor w h o s e decision thereon shall b e final; Provided t h a t t h e decision o f t h e authority concerned shall remain suspended during t h e period o f review o f s u c h decision b y t h e A u t h o r i t y or t h e chancellor as t h e case m a y b e under this sub-section.

14

I llc! Finance Officer -

The Fiflance Officer shall b e appointed i n such Iil;\rlrler, o n s u c h emoluments and other conditions of :;orvice and shall exercise such p o w e r and p e r f o r m strch fLlnctions as m a y b e prescribed b y t h e Statutes.
1! , . T h e Director -

(5)

The Vice-Chancellor shall exercise such other p o w e r s and perform such other functions as m a y b e prescribed b y t h e Statutes and t h e Ordinances.

Every Director shall b e appointed in such manner, on sc~ch emoluments and other conditions o f services and shall exercise s u c h p o w e r s a n d p e r f o r m s u c h fcrnctions as m a y b e prescribed b y t h e Statutes.
16.

Other Officers -

11. The Registrar The Registrar shall b e appointed in s u c h manner o n s u c h emoluments and other conditions o f service, a n d shall exercise s u c h p o w e r s a n d p e r f o r m s u c h functions, as m a y be prescribed b y t h e Statutes..

The manner of appointment, emoluments, other and p o w e r s and duties o f t h e other c:c,rrtIit~o~~ of c , f f ~ c : c : ~ : ; of the university shall b e prescribed b y t h e Statutes.

12. T h e D e a n Every Dean shall b e appointed i n such manner, o n such emoluments and other conditions o f services and shall exercise s u c h p o w e r s a n d perform s u c h functions as m a y be prescribed b y t h e Statutes.

13. T h e Registrar o f Examinations

(1)

The Registrar o f Examinations shall be appointed i n such manner o n such emoluments and other conditions o f service and as m a y b e prescribed b y t h e Statutes. T h e Registrar o f E x a m i n a t i o n shall exercise s u c h P o w e r s a n d P e r f o r m s u c h i ~ i n c t i o n sas m a y b e prescribed b y the statutes.

(2)

IV AUTHORITIES OF THE UNIVERSITY

CHAPTER

r:)
!

l w o members of the Karnataka Legislative Assembly elected from among themselves. T w o Members of the Karnataka Legislative Council elected from among themselves.

17.

Authorities of the University The following shall b c the authorities of the University:
7

( 1)

The Board of Management: The Academic Council: The Finance Committee and

I t\e Board of Management shall have the powers:

(I)

(2)

t o manage and administer the properties and revenues of the University. t o conduct all administrative affairs and shall exercise Such other powers of the University as may be necessary incidental or conducive t o the fulfilment of the objectives of the University and such other powers as may be prescribed by the Statutes.

(3)
(4)

(ii) Such other authorities as may be declared b y the Statutes t o be the authorities of the University; (a)

18. The Board o f Management (1) The Board of Management shall b e t h e principal executive body of the University consisting of the following members; 1) The Vice-Chancellor The Registrar The Secretary in charge of Higher Education, Government o f Karnataka; The Secretary t o Finance Department A Vice- Chancellor of the Universities in the State of Karnataka nominated b y the p r o Chancellor by rotation for such a period as may be specified; The Dean (Academic) Five distinguished persons from the educational scientific and administrative fields t o be nominated by the pro - Chancellor.
(l)

(b)

I!)
( I)

The Academic Council r h e Academic Council shall consist of the following members (i) (ii) The Vice-Chancellor; The Registrar;

2)

3)
4)

(iii) The Dean (Academic); (iv)

(v)

5)

The Dean (Administration); The Dean (Study Centres); Other Dean (if any); and

6) 7)

(vi)

(vii) Such Other Officers of the University as the Academic Council may consider necessary t o co-opt as members. The Academic Council shall be the principal academic t)ody of t h e University and shall, subject t o t h e Provisions of this Act, the Statutes and ordinances, have t h e control and general regulation of and be rt:sponsible for t h e maintenance of standards of
17

Provided t h a t from amongst t h e nominated persons under t h i s clause one shall b e a person belonging t o Scheduled Castes and Scheduled Tribes and t w o shall be women:
I6

learning, e d u c a t i o n , i n s t r u c t i o n , e v a l u a t i o n a n d examination within the University and shall exercise such other powers and perform such other function as may be conferred or imposed upon it b y the Statutes.

(IV)

such other functions has may be prescribed

t~y the Statutes;

21.

Other authorities -

20. The Finance Committee The Board of Management shall constitute a F i r l a c e Committee consisting o f n o t more than five members as follows:

I llr: constitution powers and functions of the other ; ~ ~ r l r ~ o r l t lw eh si c h may be declared by the Statutes t o be i t i ~ l l ~ o r ~of t ~ the e s University shall be as may be re scribed t)y r l ~ c Statutes.

CHAPTER V

1.

The Vice Chancellor, Ex - Officio Chairman; The Secretary , Finance Department or his nominee The Secretary, Education Department or his nominee; T w o members nominated from among the members of the Board of Management by the Board of Management; The Finance Officer, Ex- Officio member Secretary (b)
22.

2.

STATUTES, ORDINANCES AND REGULATIONS

Statutes:

3.
4.

Subject t o the provisions of this Act, the Statutes may \ ) ~ o v \ d r :for all or any of the following matters namely;
(a)

5.

the manner of appointment of t h e Vice Chancellor or the term of his appointment, the emoluments and other conditions of his service and t h e p o w e r s a n d f u n c t i o n s t h a t may be exercised and performed by him. the manner of appointment of Registrar, Registrar of Examination, the Finance Officer and other officers, the emoluments and the conditions of their service and the powers and functions that may be exercised and performed by each of the officers

(2)

The Registrar shall be a permanent invitee t o Finance Committee. shall be as follows: (i) scrutinize the annual budget estimates and make its recommendations t o the Board of Management: conduct general examination of the accounts of t h e University and consider the audit reports and make its recommendations thereon.

( 3 ) The power and functions of t h e Finance Committee

( c ) t h e t e r m s o f o f f i c e o f t h e m e m b e r s of t h e
authorities their daily and travelling allowances a n d t h e p o w e r s a n d f u n c t i o n s t h a t may be exercised and performed by such authorities.
((1)

(ii)

(iii) examine all proposals of the University involving expenditure for w h i c h no provisian has been made in the budget or involving expenditure in excess of the amount provided for i n the budget; and
I8

the appointment of teachers and other employees of t h e university their emoluments and their conditions of service;

(el

the constitution of a pension or provident fund and t h e establishment of an insurance s c h e m e for the benefit of the employees of the University; the principles covering the seniority of service of employees of the University; t h e p r o c e d u r e i n r e l a t i o n t o any appeal or application for review by any employee or student of the University against the action of any officer or authority of the University including the time within which such appeal or application for review shall be preferred or made; the procedure for t h e settlement of disputes between the employees or students of the University, and the University; the conferment of autonomous status on Colleges and study Centre; the allocation and disbursement of grants t o colleges and institutions; the conditions that are required t o be fulfilled for admission of t h e Colleges t o the privileges of the university. all other matters which by this A c t are t o be, or h a y be provided for by the Statutes.

,I

writing on the proposed changes and any cxpressed has been considered- by the Board of M e ~ ~ ~ . ~ ~ l ~ ~ ~ l l ~ r ) t .
.
O ~ , I I I I O I ) 111
I I I I I , ~ ';o ~ ~

(f) (g)

(.{I

I vc:r-y n e w statute or addition t o the Statutes or any

i ~ r ~ l e n d m eor n t repeal thereof shall require the approval o f the Chancellor, w h o may assent there t o or withhold assent or remit t o t h e Board of Management for reconsideration in the light of the observation, if any 111adeb y him.
(4)

(h)

A n e w Statute or a Statute amending or repealing an existing Statute shall not, be valid unless it has been assented t o by t h e Chancellor. Not withstanding anything contained in the foregoing sub-sections, t h e Chancellor m a y m a k e n e w or additional Statutes or amend or repeal the Statutes referred t o i n sub-section (I) during the period of three years immediately after t h e commencement of this Act. Notwithstanding anything contained in the foregoing sub-section, the Chancellor may direct the University to make provisions in the Statutes in respect of any matter specified by h i m and if t h e Board of Management is unable t o implement such a direction within sixty days o f its receipt the Chancellor may, after considering the reasons, if any, communicated t)y the Board of Management for its inability t o comply w i t h such direction, make or amend t h e Statutes st~itably.

(i)
(j)

(k)

(li)

(I)

23. Statutes how made (1)

The first Statutes are those set out in the second Schedule. make n e w or additional Statutes or may amend or repeal t h e Statutes referred t o in sub-section (1 ): Provided that the Board of Management shall not make amend or repeal any Statutes affecting status, powers or constitution o f any authority of the University until. such authority has been given a reasonable opportunity t o express
20
4 .

(2) The Board of Management may from time t o time,

Ordinances St,t,ject t o the provisions of this A c t and the Statutes, III(: Ordinances may provide for all or any of the lollowing matters, namely (;I)

'

( I)

the admission of students, the courses of study and the fees therefore, the qualifications 21

pertaining t o degrees, diplomas, certificates and other courses, t h e conditions for the grant of fellowship, awards and the like; (b)
(c)

the conduct of examination, including the terms end conditions and appointments o f examiners; the management of Colleges admitted t o the privileges of the University; and any other matter which by this Act or the Statutes is t o be, or may be, provides for by the Ordinances.
7 /.
( I)

:,(:c:tlon ( 1 ) shall, also be s u b m i t t e d t o t h e State (iovernment which shall as soon as may be, cause the !;crme t o b e laid b e f o r e b o t h t h e Houses o f t h e I (:g~slature.

Annual accounts, etc The annual accounts and the balance sheets of the University shall be prepared under the directions of the Board of Management and shall once at least every, i~rld at intervals of nor more than fifteen months be audited b y the Controller of State Accounts or such person as m a y be authorised in this behalf. A copy of the accounts together w i t h the audit report stlall be submitted t o the Chancellor along w i t h t h e ot)servations, if any of the Board of Management. Ally observation made b y the Chancellor o n the ;~llrlual accounts shall be brought t o the notice of t h e Iioi~rd of Management and the views of the Board of Milrlagement, if any, o n such observations shall be :;~rt)mitted t o the Chancellor.
A copy of the accounts together w i t h the audit report,
;IS

(d)

(2)

The first Ordinances shall be made b y the Chancellor w i t h the previous approval of the State Government and the Ordinances so made may be amended, repealed or added t o at any time b y the Board of Management in the manner prescribed b y the Statutes. Regulations - The authorities of the University m a y make regulations consistent w i t h this Act, the Statutes and the Ordinance for the conduct of their o w n business and that of the committees, if any, appointed by them and not provided for b y this Act, the Statutes or t h e Ordinances i n t h e manner prescribed b y t h e Statutes.

(7)

25.

(3)

(41

CHAPTER VI FINANCE AND ACCOUNTS

26.

submitted t o the Chancellor shall also be submitted l o the State Government, which shall as soon as may I)(:, cause the same t o be laid before both the Houses 01 Legislature at their next earliest session.
It ~ o audited annual accounts after having been laid t)c!lore both the Houses of Legislature shall be published 111 Ille official Gazette.

Annual report The annual report of the University shall be prepared under the directions of the Board of Management which shall include among other matters, t h e steps taken b y the University towards the fulfillment of it objects. The annual report so prepared shall be submitted t o the Chancellor on or before such date as m a y be prescribed b y the Statutes.

(!I)

(1)

(2)

(3) A c o p y of the annual report, so prepared under sub-

C H A P T E R VII

10
(

I'rovitlent a n d pension funds

CONDITIONS OF SERVICE OF EMPLOYEES

28. Conditions of service of employees ( 1) Every employee o f University shall be appointed under a w r i t t e n c o n t r a c t a n d s u c h c o n t r a c t shall n o t b e inconsistent w i t h t h e provisions of the Act, t h e Statutes and t h e Ordinances. T h e c o n t r a c t referred t o i n sub-section ( 1 ) shall b e lodged with t h e University and a c o p y of w h i c h shall be furnished t o t h e employees concerned.

1)

I 1 1 1 % I J i l ~ v e r s ~shall t y constitute for t h e benefit of t h e c * r ~ ~ l ) l o y esuch e s provident or pension f u n d or provide s . ~ ~ (Insurance .li Schemes as i t m a y deem f i t i n such ilt,liirier and subject t o s u c h conditions as m a y be 01 (:scribed b y t h e Statutes. oilstituted, t h e State Government m a y declare t h a t tti(: prov~sions o f t h e Provident Funds Act, 1 9 2 5 ( 19 of 19251, shall apply t o s u c h funds, as if it w e r e a ( i o v e r n m e n t Provident f u n d .
(

(2) Wliore s u c h provident or pension f u n d has been so

(2)

CHAPTER V l l l

29. Tribunal of Arbitration (1)

MISCELLANEOUS

A n y dispute arising o u t o f a c o n t r a c t o f e m p l o y m e n t referred t o in Section 2 8 b e t w e e n t h e University a n d a n employee shall, a t t h e request o f either party, b e referred t o a Tribunal of Arbitration w h i c h shall consist of one member nominated, b y the Board of Management one member nominated by the employees concerned a n d a n umpire t o b e nominated b y t h e Chancellor. Every s u c h reference shall be deemed t o b e a submission t o arbitration u p o n t h e t e r m s of this section w i t h i n t h e meaning of t h e Arbitration A c t . 1 9 4 0 ( 2 o f 1 9 4 0 ) a n d all t h e provisions of t h a t A c t , w i t h t h e exception o f Section 2 thereof shall apply accordingly. o f Arbitration shall be prescribed b y t h e Statutes.

1
I

31. I ) ~ * . l ) ~ i l as e s t o t h e constitution o f t h e University

(I,.

r ~ ~ r t l i o r ~ l and r e s bodies. If any question arises question l o whether any person has been duly elected or h ~ ~ ~ l t o ~as, iite or d is entitled t o b e a member o f any s ~ ~ ~ l l i o or r i tother y b o d y o f t h e University, t h e matter ~,II.III be referred t o t h e Chancellor decision tl\c,r (:on shall be final.

(2)

.is' I

(3) The procedure for regulating t h e w o r k of t h e Tribunal

(4)
The decision o f t h e Tribunal of Arbitration shall be final and binding o n t h e parties, and n o suit shall lie i n any c o u r t i n respect o f t h e matters decided b y h e Tribunal.

IIIIIIO of casual vacancies. A l l t h e casual vacancies ;III~OI~CJ t h e m e m b e r s (other t h a n ex-officio members) of ; ~ i i y authority or other b o d y o f t h e University shall I ) ( !f~lled,as soon as m a y b e convenient, b y t h e person o r I ) o d y w h o appoints, elects or co-opts t h e member wl)oso place has become vacant and any person 3 ~ l t l ) o ~ r l t eelected d, or co-opted t o a casual vacancy *81~,~11 I)c a member o f such authority or b o d y for t h e II:~.IOII(! o f t h e t e r m f o r w h i c h t h e person w h o s e place I\cr I ~ l l r w ; o u l d have been a member.

i1

A1.t-. ; ~ r i c l proceedings n o t invalidated, merely o n t h e IIIIIIII~O o f d e f e c t i n c o n s t i t u t i o n , v a n c a n c y e t c . t h a t t h e Board o f Management of t h e Not w ~ l l i s t a n d i n g 25

Academic Council or any authority or body or t h e University is not duly constituted or there is defect i n its constitution or reconstitution at any time and not withstanding that there is a vancancy i n t h e membership of any such authority or body no act or p r o c e e d i n g o f s u c h a u t h o r i t y or b o d y s h a l l b e invalidated merely on any such ground or grounds. 34. Protection of action taken in good faith. No suit or other legal proceedings shall lie against any officer or employee of the University for anything which is i n good faith done or intended t o be done in pursuance of any of the provisions of this A c t or the Statutes or the Ordinances. Appointment of first Vice- Chancellor . N o t withstanding anything contained i n sub-section (1) of Section 1 0 within six months from the date on which this A c t comes into force, the first Vice- Chancellor shall be appointed b y the Government on a salary t o be fixed by it for a period not exceeding three years and on such other conditions as i t thinks fit. Provided t h a t t h e person appointed as first ViceChancellor shall retire f r o m office if during t h e t e r m of his office, he completes t h e age of s i x t y five years

II

Al~l~ointlnen of t the first Finance Office

NOI w ~ t l ~ s t a n d i nanything g contained i n Section 1 4 1110rlthsfrom the date on which this A c t comes 11\10 IIIII:~: the first Finance Officer shall be appointed by l l \ a (i~ivc:rrrlnent on a salary t o be fixed b y it for a period not rrxi:c!c:tJlng three years and on such other conditions as 11 ~ I I I I 111. I~-~
WI~~III 'S II X

38.
(1)

Transitory powers of the first Vice-Chancellor

11 :;IKIII be the duty of the first Vice-Chancellor t o make i ~ r r n r i g e m e n t sf o r c o n s t i t u t i n g t h e Board of M;~ll;igement, the Academic Council and such other i~~~llror~ of t i the e s University within six months of the 1io1111(:(1 date or such longer period not exceeding one ycfi~r;I:; the Government may b y notification direct.

35.

(2)

1 III! I I I ~Vice-Chancellor I shall in consultation w i t h the (ic~vc~llrlnent make such rules as may be necessary for IIII~ Itrr~c:tioningof the University.
1 1 1 1 . ,1111horities constituted under sub-section ( 1) shall i.l)rllltlc:nce t o exercise their functions on such date as 1111, (iovernment may by notification, specify i n this 1~1~11;11f.
1 1 ~.II;IIIbe the duty of the first Vice-Chancellor t o draft ..~II:II Statutes as may be necessary and submit them III 1 1 i ( : Board of Management for their approval. Such

( 1

36. Appointment of the first Registrar Not with-standing anything contained in section 11, within six months from the date on which this A c t comes into force t h e first Registrar shall be appointed by t h e Government o n a salary t o be fixed by it, for a period not exceeding three years and on such other conditions as it thinks fit: Provided that the person appointed as first Registrar shall retire from office, if during the term of his office, he a completes the age of fifty-eight years.

(4

!;I.IIII(:S w h e n f r a m e d shall be p u b l i s h e d i n t h e l i a 1 r ~ ~ , ~ Gazette. r;~ka (b) N~llw~llrstandin anything g contained in this A c t and 1 1 1 1 ~! ; l ; ~ l t ~ e and s until such time an authority is duly I IIII~.IIIIII(:~ the , first Vice-Chancellor may appoint any t 1 1 l 1 1 1.1 or constitute any committee temporarily t o I*rl*rc.lq,c: rid perform any of the powers and duties of 1 1 ,111111ority under this A c t and the Statutes.
-SIII

39. Power t o amend t h e Schedule The Government may, b y notification, alter, amend or add any Statute t o t h e Schedule and upon t h e issue of such notification, t h e Schedule shall be deemed t o be amended accordingly.

I I I

I \ i ~ . t yStatute, Ordinance or Regulation made under 1111.. A c t shall be published in t h e official Gazette.
I vc!ry Statute, Ordinance or Regulation made under 1111:; A c t shall be laid, as soon as m a y be after i t is III,I(~(:,before each House of Legislation, while it is in r.c!:;sion, for a total period of thirty days which m a y be c:otr~l)rised in one session or in t w o or more successive :.c:ssions and if, before t h e expiry o f t h e session 111\111ediately f o l l o w i n g t h e session or successive !;(!:isinns aforesaid, both Houses agree in making any ~rlodification in t h e Statute, Ordinance or Regulation 01 t w t h Houses agree t h a t t h e Statute. Ordianance or I{c:!j~tl;~tion should n o t be made, the Statute, Ordinance OI I(c:!jt~lationshall thereafter have effect only in such 111o(l111exl f o r m or be of n o effect, as t h e case m a y be !IO I~owc:ver,that any such modification or annulment nlr,~ll I N ! without prejudice t o the validity of anything ~~rc*vrottr;ly done under t h a t Statute, Ordinance or ltftl~tll~lll~~ll.

. I

40. Power t o remove difficulties (1) If any difficulty arises as t o the first constitution or reconstitution of any authority of t h e University after the notified date or otherwise on giving effect t o the provisions of this A c t , the Government may b y notification, make such provision n o t inconsistent w i t h t h e provisions of this A c t as may appear t o it t o be necessary or expedient for removing the difficulty.

Provided that no such notification shall be issued after the expiry of five years from t h e date of establishment of the University under Section 3.

(2)

Every notification issued under sub-section (1) or under any other provisions of this A c t shall be laid as soon as may be after it is issued, before each House of the State Legislature while it is in session for a total period of thirty days w h i c h m a y be comprised in one session or i n t w o or more sessions, and if before t h e expiry of the said period, either House of the State Legislature makes any modification in any notification or directs that any notification shall not have effect, and if the modification or direction is agreed t o b y the other House, such notification shall thereafter have effect only in such modified form or be of no effect, as the case m a y be so however, that an\/ such modification or annulment shall be without prejudice t o t h e validity of anything previously done unde;. that notification. Statutes, Ordinances and Regularions 'o be published in t h e o f f i c i a l Gazette a n d t o b s laid before t h e Legislature 2S

THE FIRST SCHEDULE (See Section 4) The objects o f t h e University

1 1 1 1 : l l r ~ i v e r s i t yshall endeavour through education, II*#.I!;I~(:II, training and extension t o play a positive role

tlcvelopment of t h e country, and based on the I~c!r~tage of the country, t o promote and advance III(* c : t ~ l l t ~ r of e the people of karnataka and the human r c l a . c l t l t c:c!s. Towards this ends it shall:
III \ ( I ( :
111-11

(ri)

41.

!;lrc:rigthen and diversify the degree, certificate diploma courses related t o t h e needs o f cslt~~)loyrnent and necessary f o r building t h e ~~c.ollorny of the country on the basis of its natural .IIII~ l~t~rna resources: n
.111el

Provide access t o higher education for large segments of the population, and i n particular the disadvantaged groups such as those living in remote and rural areas including working people, housewives and other adults w h o wish t o upgrade or acquire knowledge through studies in various fields. Promote acquisition of knowledge in a rapidly developing and changing society and t o continually offer opportunities f o r up-grading knowledge, training and skills in the context of innovations, research and discovery in all fields of human endeavour. Provide an innovative system of university level education, flexible and open, in regard t o methods and place of learning, combination of courses, eligibility for enrolment, age of entry, conduct of examination and operation of the programmes w i t h a view t o promote learning and encourage excellence in new fields, of knowledge. Contribute t o the improvement of the educational system in India by providing a non-formal channel complementary in the formal system and encouraging transfer of credits and exchange of teaching staff by making wide use of texts and other software developed by the University. Provide education and training in the various acts, crafts and skills o f the country, raising their quality and i m p r o v i n g t h e availability t o t h e people. Provide or arrange training of teachers required for such activities or institutions. Provide suitable post graduate caurses of study and promote research. Provide t h e counselling and guidance t o i t s students; and

I ' r c ) ~ r ~ o national te integration and the integrated

~i~!volopmen of t the human personality through I I * . oolicies and programmes.

2.

IIII. ( l ~ ~ ~ v c : r s shall i t y strive t o fulfil the above objects Ity ,I tl~vc:rsity means of distance and continuing r r t l ~ ~ c . , ~and t ~ o rshall ~ function in operating w i t h the ~ I X I * . I I I I ! ~ llrrtversities and Insti.tutions of higher learning r ~ t i t lIII;I~<(:full use of the latest scientific knowledge r~ti(~ l ic:w c:ducational technology t o offer a high quality 0 1 c!tlk~c:;~[ion which matches contemporary needs.

THE SECOND SCHEDULE

(See section 23) First Statutes o f the University

1,
I

Tl~o Vlc:o

Chancellor :Chancellor shall be a whole time salaried

(I) I III. Vlc

2

1%

r j l l ~ c1.1 01 the University.

1 \ 1 1 . V~c:eChancellor shall be a p p o i n t e d b y t h e (.l~~~trc.c:lior from out of a panel of not less than three III-I~~OII:; recommended (the names being arranged in 1111: .~ll)ll;lbetical order) by a committee constituted I I I I ( ~ I ! I (:I,ILIs~ (3)

l ' r c ~ \ ~ r c l c : c J lhat if the chancellor does not approve of nlly I ) I 1 1 1 1 , oc!rsons SO recommended he may call for fresh 101 ~ ~ r ~ ~ r ~ ~ c ~ r ~ c l ~ ~ t ~ o n s :

(:!I

I 1 1 1 - 1.o111t1littee referred t o in clause (2) shall consist 01 I IIII~I.tl~(:tnbersof w h o m one shall be nominated by
1111,
IIIII~ 11y
1 1 1 1 1

I{o,~rcl of management one by the Government and tllc Chancellor and the person nominated by c 11~11~c:c:llor shall be the convenor of the committee.

I'rc~v~tl~ that - t l no person w h o is an employee of the Ilr~r\/r-r..~ 01 l y o f any affiliated College or a member of any n ~ r l l t r l r ~ l0y 1 . t l r c : University shall be nominated t o be a r t t c ~ r t ~ (l 1~ 1 ~I ~ I \r( : c:ornmlttee.

(4)

The Vice-Chancellor shall subject t o the pleasure of Chancellor hold office for a t e r m of three years from the date on w h i c h he enters upon his office, or until he attains the age o f sixty-five years whichever is earlier, and he shall n o t be eligible for re-appointment. Provided that the Chancellor m a y require the Vice Chancellor after his term has expired, t o continue in office for such period, n o t exceeding a total period of one year as m a y be specified b y him. Provided further that n o Vice-Chancellor shall be removed from the office except b y an order passed on the ground of misbehaviour, mismanagement, incapacity or otherwise after due enquiry b y a serving or r e t i r e d judge o f s u p r e m e c o u r t or H i g h Court appointed b y the Chancellor.

I I I , ~ ~ ~ , I . , I I1, , )~ ~Ior I affiliated t o S U C ~other University is IIIC ~ i ,~ I~ ~ - ~. hI a~ n c e he l l omay r , be allowed t o ~ ~ I ~ ~ ~ , ~ ~

10

(:oOtribclte t o any provident fund of w h i c h he is

;l~,(l tt\e univer5i'ty shall contribute t o the account

'

I)

01

R ~ I , ; ) ~O ~ : I I ; O I ~ 11)

~ h l , : !,,I':Il l~

son had been contributing immediately before

that provident fund at t h e same rate at

(0 r ( , p o l t \ l ~ r ~ : r as jt ~ i c e ( C h a ~ c e l l o r .
f ' , ~ J ~ t l ~ftlrther ;~j thpt where such employee had been n,a,lll)crr o~ ;lny pension Scheme the University shall make the rrer:o:;s;lry ContributiO'l t o such scheme. ' 1 I,(: bice-ChaflCellor shall be entitled t o travelling

;~llov\/ance at ~ u c rates h as m a y be fixed b y t h e tjo;rrd of man8QerVent.

(,,I

(5)

The emoluments and other conditions of service of the Vice-Chancellor shall be as follow:

I lI,. \/iCe-Cha(lCell0r shall be entitled t o leave on 11111 pay for one-e~eventhof the period spent b y I~IIIIon active service.
ill ,Iddition to the leave referred t o in sub-clause
.I(

4'

(,,,I

(i)

There shall be paid t o the Vice-Chancellor a salary as m a y be determined b y the Chancellor and he shall be entitled t o t h e free use of t h e University car and without payment of rent. t o t h e use of furnished residence throughout his term of office and no change shall fall on the Vice-Chancellor personally in respect of t h e maintenance of such residence. In addition t o the salary determined in sub-clause (i) t h e Chancellor shall be entitiled t o such other a l l o w a n c e s as are a d m i s s i b l e t o U n i v e r s i t y employees from t i m e t o time.

(A)

(ii)

(iii) The Vice-Chancellor shall be entitled t o such terminal benefits and allowances as m a y be fixed b y t h e Board of Management w i t h t h e approval of t h e Chancellor from time t o time.

("1 Vice-ChanCQllo( shall entitled t o half pay leave rhe rate o.f t w e n t y days per year of every l.Olfl~leted of service and t h e half pay leave Ill,,y be availed of as commuted leave on full pay 111 ~jledical cer'tificate. 11 1 1 ~ ( : "ffice of the \/ice-Chancellor becomes vacant ( I ~ 10 ~ (Jealh, ~ * or otherwise, or if he is unable 1 , ) ))c!rformhis duties doe t o ill health or any other or ,,I,\/ o,her cause th@ Registrar shall perform t h e duties (,I r t l c vice-chancellor and in his absence the senior l l l c ) ~ tD@t) shall p@rforfl t h e functions of the Vice (.ll,~lrcell~ until r t h e neJv Vice - Chancellor assumes lI1., o f f i c e or until t h e existing Vice-Chancellor attends 1 , ) rho duties of his office as the case m a y be.
PoJVers grid functions of the Vice-Chancellor
I 11(:
Ill(:

;
(

V,c~-ChancellOr.shall be ex-officio Chairman of

Provided that where an employee o f the Univ'ersity or a College or o f any other University or a n y institution

Boardof Management the Academic Council and

I 1t,8Oce Committee.

The Vice-Chancellor shall be entitled to be present and address any meeting of any other authority or other body of the University but shall not be entitled t o vote there at unless he is a member of such authority or body. It shall be the duty of the Vice-Chancellor to see that this Act, the Statute. Ordinances and Regulations are duly observed and he shall have all t h e p o w e r s necessary t o ensure such observance. The Vice-Chancellor shall exercise control over the affairs of the University and shall give effect t o the decisions of all the authorities of the University. The Vice-Chancellor shall have all the powers necessary for t h e proper maintenance of discipline in t h e University and he may delegate any such powers t o such persons as he may deem fit. The Vice-Chancellor shall be empowered to grant leave t o any officer of the University and make necessary arrangements for the discharge of the functions of such officer during his absence. The Vice-Chancellor shall grant leave of absence t o any employee of the University in accordance with the Statutes and if he so desire delegate such powers t o another officer of the University. The Vice-Chancellor shall have the power t o convene or cause t o convened the meetings of the Board of Management the Academic Council and the Finance Committee. The Vice-Chancellor shall have the following further powers, namely:
(i)

(111

l o a p p o i n t course w r i t e r s , s c r i p t w r i t e r s ' ~:ouncillors,programmers, artists-and such other persons as may be considered necessary for the efficient functioning of the University. l o make short-term appointments for a period not exceeding six months at a time, of such person as may be considered necessary for Ihe functioning of the University. to arrange for the establishment and maintenance
o f Regional and study centres at different places

lllll

llv)

as may be required from time to time and delegate 10 any employee such powers as are necessary f o r their efficient functioning.

I Ill! I{~:!j~strar shall be appointed by the chancellor in

r:rlrl*.,ill;irion with the Vice-Chancellor and the State
(;OVI*III~JI~~~,

0f office not withstanding the expiration III., II:III~ of office as Registrar until a n e w Vice(:11.111r:c:Ilor assumes his office or until existing Vice(:l1.1111:(:Ilor attends to the duties of his office as
I.OIIIIIIIII: in

1111-

I II.. I{l:(,istrar shall while performing the function of 1 VII:~: Chancellor under sub clause (6) of clause

1111- c-~~~trl,lrrlents and terms and conditions of service 1111: Ih:!listrar shall be such as may be prescribed by tl111 ( )r(l~~l;il)ces.
0

(4)

t o appoint such Professors, Readers, Lecturers and other teachers as may be necessary with the prior approval of the Board of Management;

in respect tlf 1 ) Illatters as may be specified by the Viceshall (:hnl\c 111 this behalf from time t o time and A I A I~XI*II.I:;(: ~ such power and perform such functiofls a s l l l l l y IN' tielegated t o him by the ~ i c e - ~ h a n c e l l ~ '
p . ~ ~ ~
1 9 1 1 0 1

rllfj l{~.~li..lrar shall assist the Vice-Chancellor

Ihl

n1:11111\ IIIJ.III)S~

Illrl I l ~ ~ ~ l ~shall ~,l~ have ; l r power to take disciplinary such o f the employees excludiVg

teachers and other members as may be specified by the Board of Management by order.

soon as they are issued and the minutes of such meetings;

; I S

(6)

An appeal shall lie t o the Vice-Chancellor against any order made b y t h e Registrar in pursuance of sub-clause ( 5 ) In cases where an inquiry discloses that a punishment beyond the power of the Registrar is called for he shall consequent t o the enquiry make a report to the ViceChancellor along w i t h his recommendations for such action as the Vice-Chancellor may deem fit.

If)

(7)

represent the University, in suits or proceeding t)y or against the University, sign powers of a t t o r n e y , v e r i f y p l e a d i n g a n d d e p u t e his representative for the purpose; perform such other functions as may be specified in the Statutes, Ordinances or Regulations or as may be required from time t o time by the Board of Management or the Vice-Chancellor

((1)

Provided t h a t an appeal shall lie t o t h e Board of Management against an order of t h e Vice-Chancellor imposing any penalty.

The Dean

Iv c ~ v I)t:an shall be appointed by the Board of Irlr~~~;~!lc:~ on ne the n t recommendation of:

(I)

(8) The Registrar shall be:

(i)
(ii)
the Secretary t o the Board of management; the Member - Secretary of the Academic Council

Vice-Chancellor, in case the candidate t o be ol)r)ointed is already a teacher of the University;

1111:
,Illtl

(11)

(9) The Registrar shall:

(a) be the custodian of the records, the common seal and such- other properties of the University as the Board of Management may commit to his charge; issue notice and convene meetings of the Board of Management the Academic Council and of the Committees appointed by those authorities. keep the minutes of the meetings of the Board of management, the Academic Council and of the committees appointed by such authorities; conduct the official proceedings and correspondence of the Board of Management, the Academic Council; supply t o the Chancellor a copy c ~the f agenda of the meetings of the authoritiss of the University

,I Selection C o m m i t t e e c o n s t i t u t e d for t h e Ilrrrpose in case the candidate t o be appointed is I r OITI outside the University.

Ivc-~v Ilean shall be a whole time salaried officer I 1 1 I 111; [Jr~iversity;

I ' I I ~ v I I ~that I : ~ ~one of the Dean shall be in-charge of 1111% A t l ~ ~ ~ ~ r l i s t r a affairs t i v e of the teachers.
1111. ~ , r ~ ~ o l \ ~ r n and e n tother s conditions of service 0 1 1 1 1 1 - I)c:;~n shall be prescribed by the ordinances:
111

(b)

(c)

I'II~\IIIII~~I 1l1ilt a Dean shall retire on attaining the age t I V v(!ors.

'41

(dl

A I )r1411lc s I ~ ;exercise ~II such powers and perform such

I~IIII IIIIII~. , I * , rnay be prescribed by the Ordinances.

(e)

5.
(1)

The Registrar of Examination T h e Registrar of examination shall be appointed b y t h e Chancellor in consultation w i t h t h e Vice-Chancellor and t h e State Government and he shall be a w h o l e t i m e salaried officer of t h e University. T h e emoluments and other conditions o f service of t h e Registrar o f examination shall be prescribed b y t h e Ordinances. T h e Finance Officer T h e Finance Officers shall be appointed b y t h e Chancellor i n consultation w i t h t h e Vice-Chancellor and t h e State-Government, H e shall b e a whole time Officer of t h e University and shall w o r k under t h e control of t h e Vice-Chancellor. T h e emoluments and other conditions o f service of t h e Finance O f f i c e r shall b e as prescribed b y t h e Ordinances. W h e n t h e Office of t h e Finance Officer is vacant or w h e n t h e Finance Officer is b y reason o f ill health absence or any other cause unable t o p e r f o r m his functions as Finance Officer, his firnctions shall be p e r f o r m e d b y f u n c t i o r l s as F i n a n c e O f f i c e r , h i s functions shall b e perforrned b y s ~ r c tperson ~ as t h e Vice-Chancellor m a y appoint for t h e pltrpose.

rupees w i t h o u t t h e p r e v i o u s approval o f t h e Board o f Management.

( 5 ) S u b j e c t t o t h e c o n t r o l o f t h e Vice-Chancellor a n d t h e Board of Management, t h e Finance Officer shall(a) hold and manage t h e properties and investments of t h e University including trust and immovable properties for fulfilling any of t h e objects o f the University; ensure t h a t t h e l i m i t s f i x e d b y t h e Finance Committee for recurring and non-recurring expenditure for a year are n o t exceeded a n d the m o n e y is expended or spent for t h e purposes for w h i c h it w a s granted or allotted; be responsible for t h e preparation of t h e anndal accounts and t h e budget of the University and for their presentation t o t h e Board of Management after t h e y have been considered b y t h e Finance Committee; keep a constant w a t c h o n t h e cash and t h e Bank balances and investments; w a t c h t h e progress of collection o f revenue and advise o n t h e methods o f collection employed; ensure t h a t t h e registers o f properties o f t h e University are maintained properly and that stock checking is conducted of equipments and other materials i n t h e office of t h e University including R e g i o n a l Centres, S t u d y C e n t r e s a n d o t h e r institutions maintained b y t h e University; bring t o t h e notice of t h e Vice-Chancellor any u n a u t h o r i s e d e x p e n d i t u r e or o t h e r f i n a n c i a l irregularities a n d s u g g e s t appropriate a c t i o n against persons a t fault; call f r o m any office o f t h e University including R e g i o n a l Centres, S t u d y C e n t r e s a n d o t h e r

(2)

6.

(b)

(1)

(c)

(2)

(3)

(dl (el (f)

(4) The Finance Officer shall(a) exercise general supervision o f t h e funds of t h e University and advise it as regards its financial policies; perform such other financial functions as m a y be assigned t o h i m b y the Board o f Management or as m a y be prescribed b y t h e Statutes or t h e Ordinances;
(g)

b)

Provided t h a t t h e Finance Officer shall n o t incur any expenditure or m a k e any investment exceeding one lakh o f
38

(h)

institutions maintained b y t h e University, any information or reports t h a t he m a y consider necessary for the performance of his functions. A n y receipt given by the Finance Officer or by the person or persons duly authorised i n this behalf by the Board of Management shall be a sufficient discharge for payment of moneys t o the University. Directors Every Director shall be appointed b y Board o f Management o n t h e recommendation of-

(a)

define t h e functions and conditions of service of P r o f e s s o r s , Readers, ~ e c t u r e i sa n d o t h e r teachers, and other academic staff employed by the University; t o prescribe qualification for teachers and other academic staff; t o approve the appointment of such professors, Readers, Lectures a n d others teachers and academic s t a f f as m a y be necessary o n the recommendations of the Selection Committee constituted for the Purpose; t o approve appointments t o temporary vacancies o f any academic staff; t o specify the manner o f appointment t o temporary vacancies of academic staff; t o provide for t h e appointment of visiting professors, h f ~ e r i t u s Professors, Fellows, artists, a n d Writers a n d determine t h e t e r m s and conditions of such appointments. t o manage and regulate the finances, accounts, investments, Property of the University and all other affairs of the University and t o appoint such agent as may be Considered fit; t o invest any money belonging t o the University including any unapplied income, i n such stocks, funds, shares or securities as it thinks f i t or in the purchases of immovable property in India w i t h like power of varying such investment from time t o time ;

(b) (c)

(i)

the Vice-Chancellor, in case the candidate t o be appointed is already a teacher of the University and

(d) (e) (f)

(ii) a S e l e c t i o n C o m m i t t e e c o n s t i t u t e d f o r t h e purpose, in case the candidate t o be appointed is from outside the University.
Every Director shall be a whole-time salaried officer of the University. The emoluments and other conditions of service of the Director shall be prescribed b y the Ordinances; Provided that a Director shall retire o n attaining the of sixty years.

(g)

A Director shall exercise such powers and perform such functions as may be prescribed by the ordinances.
Power and functions of t h e Board of management The Board of management shall have the power of management and administration of the revenue and property of t h e University and t h e conduct of all administrative affairs of the University n o t otherwise provided for. Subject t o the provisions of the Act, the Statutes and the Ordinances, the Board of Management shall, in addition t o the other powers vested in i t under the* Statutes have the following powers namely
40

(h)

Provided that no action under this clause shall be taken without consulting the Finance committee;

(i)

t o create administrative ministerial and other necessary posts after taking in t o account the recommendations of the Finance Committee and t o specify the number of appointment there to;
41

(f)

t o regulate and enforce discipline amongst t h e employees i n accordance w i t h t h e Statutes and ordinances; t o transfer or accept transfers of any immovable property on behalf o f University; t o entertain, adjudicate u p o n , or redress t h e grievances of the employees and the students of the University w h o may, f o r any reason feel aggrieved;

10. Powers of the Academic Council

Subject t o provisions o f the Act, the Statutes and the Ordinance, t h e Academlc Council shall, i n addition t o all t h e other powers vested in it under the Statues shall have t h e following powers, namely; (a) t o exercise general supervision over the academic policies of the University and t o give directions regarding methods of instruction, evaluation or research or improvement in academic standards; t o consider matters of general academe interest either on its o w n initiative or o n a reference f r o m the Centre of studies or the Board of Management anti t o take appropriate action thereon; and
t o frame such regulations consistent w i t h the

(k)

(I)

( m ) t o fix the remuneration payable t o course writers, councillors examiners and invigilators, and travelling and other allowances payable, after consulting t h e Finance Committee; (n)
(0)

(b)

t o select the c o m m o n seal for t h e University and t o provide for t h e use of such seal; t o delegate a n y o f i t s P o w e r s t o t h e V i c e Chancellor, t h e Registrar, Registrar o f examination and Finance Officer, or any other officer, employees or authority of the University, or t o a Committee appointed b y it; t o institute fellowships, studentships and scholarships,

(c)

S t a t u t e s and t h e Ordinances regarding t h e ;~c:ademicfunctioning of the University, including tlisc:ioline, admissions, award o f fellowships and :;ltldcntships, fees and o t h e r academic rc:cl\lirernents. 11. The Powers of the Finance Committee

(p)

(1)
(2)

The F ~ r i ; i l ~ c Committee e shall meet atleast thrice a year t o t:xittrii~ic! the accounts and scrutinize the expenditure.

(q)

t o exercise such other p o w e r s and perform such other functions as m a y be conferred or imposed on it b y t h e Act, or the Statutes.

(3) The Board of Management shall exercise all the powers

of t h e University n o t otherwise provided for b y t h e Act, Statutes, Ordinances and the Regulations for the fulfilment o f the objects of the University.

All p r o l ~ o s arelating l t o revision o f grade, up-gradation of ttic: :;i:;~lcs and those items which are not included i n t h o t)~lclcjet, shall b e examined b y t h e Finance C o m r ~ l l l l o ebefore they are considered b y the Board o f Mani~cjcment.

12. Appointment of Teachers. etc.

9.
2.

Quorum for a meeting of the Board of Management

There shall be a Board o f Appointment for selecting persons for appointment as professors, librarian, Readers and Lectures i n the University. ( 2 ) Every such Board shall consist o f

One t h i r d o f t h e t o t a l m e m b e r s o f t h e Board o f Management shall f o r m a quorum for a meeting of t h e Board.

(a)

for selection t o t h e posts o f professors., Readers and t o the post of Librarian

(i)

(3) The Registrar shall act as the Secretary Registrar of

the Board of Appointment.

the Vice-Chancellor Ex-Officio Chairman; Head o f t h e Department concerned if he is a Professor and if he is not a professor, a professor of any other University in t h e State nominated b y the Chancellor and where n o such professors available i n any University w i t h i n t h e State, f r o m a University i n any other State, nominated b y the Chancellor i n consultation w i t h t h e State Government.

(4)

(ii)

Every post o f professor, Librarian, Reader or Lecturer t o b e filled b y selection shall b e duly and widely advertised together w i t h t h e m i n i m u m and other qualifications if any, required, t h e emoluments and the number o f posts t o be filled, and reasonable time shall be allowed w i t h i n which the applicants m a y apply. The quorum for a meeting of the Board of Appointment shall be one third of the total of w h o m i n the case of selections t o the posts of professors, Readers and the Librarian atleast t w o shall be experts and i n the case of selections t o the other posts atleast one shall be t h e expert. The Board shall interview, adjudge t h e merit of each candidate i n accordance w i t h t h e qualifications advertised and prepare a list o f persons selected arrnrlgcd i n the order of merit. It shall forward the list t o 111(: B o a r d o f M a n a g e m e n t w h o s h a l l m a k e appoilllrnents i n accordance w i t h t h e same.

(5)

(iii) three experts nominated b y t h e Chancellor t o one of w h o m from a panel furnished by the University Grants C o m m i s s i o n a n d o n e f r o m a m o n g s t persons serving i n any University established b y law i n India or any other institution recognised b y the State Government and one person nominated b y t h e State Government.
(b) for selections t o t h e posts of Lecturers

(6)

(i) (ii)
(iii) (iv)

the Vice - Chancellor Ex-Officio Chairman one expert nominated b y t h e Chancellor one person nominated b y t h e State Government the Head o f t h e Department concerned i f he is a professor and if he is not a professor, a professor i n t h e concerned Department of any other University in the State nominated b y t h e Chancellor a n d w h e r e no s u c h p r o f e s s o r is available i n any University within t h e State, a professor f r o m a University i n any other State nominated b y the Chancellor in consultation w i t h the State Government. One professor from any other University t h e State nominated b y the Chancellor in consultation w i t h the State Government.
44

Explanation

Nottlillcj in t h i s sub-clause shall b e c o n s t r u e d as requiring t t l c t Board of Management t o make appointments in accordarlc:e w i t h t h e list where it is of the opinion that it does not satisfy t h e provisions of this A c t or the Statutes appointments. li relating to s ~ ~ c

(7)

In preparing t h e list under sub-clause ( 6 ) the Board shall follow the orders issued b y the State Government frorn t i m e t o time in the matter of reservations of posts for the Scheduled Castes, t h e Scheduled Tribes and other Backward Classes of citizens. Notwithstanding anything i n sub-clause ( 7 ) preference shall be given t o persons belonging t o t h e Scheduled Castes and the Scheduled Tribes i n any selection if in the opinion o f the Board, such persons possess the minimum qualification prescribed and are suitable.
45

(8)

(v)

(9)

Whenever any n e w subject is introduced appointment o f Professors, Readers and Lecturers in such n e w subject shall be made in such manner as m a y be prescribed b y Statures ( 1 0) Notwithstanding anything contained in the preceding s u b - c l a u s e s t h e Board o f M a n a g e m e n t shall b e competent t o invite, o n the r e ~ o m m e n d a t i o nof the Vice- Chancellor, a p e r s o r o f high academic distinction and professional attainment t o accept the post of Visiting Professor i n t h e University o n such terms and conditions as m a y be mutually agreed upon. Provided that there shall n o t be more than for such Visiting Professors in a University at any given time.

for which recruitment is made norpinated b y the Vice- Chancellor and where there is no such person t h e Head of t h e D e p a r t m e n t o f t h e concerned section. (iv) three persons ~ o m i n a t e db y t h e Chancellor in consultation w i t h the State Government one of w h o m shall b e a p e r s o n b e l o n g i n g t o t h e Scheduled Castes or the Scheduled Tribes and t h e other shall be a person belonging t o any socially and educationally backward classes of c i t i z e n s d e c l a r e d as s u c h b y t h e S t a t e Government or any religious or linguistic minority, another shall be a women.

13.

Appointment in accordaqce w i t h promotion schemes Notwithstanding anything containing in Clause-ll b u t subject t o the rules and orders issued by the State Government f r o m t i m e t o t i m e for reservation of appointments and posts for Scheduled Castes, S c h e d u l e d T r i b e s a n d o t h e r B a c k w a r d Classes, appointments t o t h e posts of Readers and Professors i n University institutions and departments may be made b y the Board of management in accordance w i t h a promotion scheme if any, prescribed by Statutes made in this behalf, if the University institution or department has both Under Graduate and post Graduate Courses.

( 3 ) The quorum for a meeting of t h e Board shall be

one third of t h e total members.

(4)

Such of the posts as according t o the Statutes are t o be filled by direct recruitment shall be filled from among persons selected b y t h e Board in the order in which t h e ~ rcases are arranged in the list prepared b y the Board. Appointment t o posts b y promotion, deputation or as contract as m a y be prescribed in the or t r a ~ j s f e r Stat~~t in e respect of any category of posts shall be made after consulting t h e Board.
While preparing the list of candidates selected for appo~rjtnient t o the direct recruitment vacancies, the Board stlall comply w i t h the orders issued by the State Goverrjnient from time t o time for reservation of posts for the Scheduled Castes, the Scheduled Tribes and other Backward Classes of citizens.

(5)

14. Appointment o f Non- teaching and Ministerial Staff:

(1)

There shall be constituted a Board of Appointment t o (hereinafter referred t o the Board) select candidates for appointment t o the non-teaching posts other than ministerial posts in the University. The Board shall consists of (i) (ii) (iii) The Vice - Chancellor Ex-Officio Chairman; The Registrar one person supervising the work of the section

(6)

(2)

A l l a p p o i n t m e n t s shall be made b y t h e Board of Management. In case of difference between the Board and the Board of Management the matter shall be referred t o the Chancellor whose decision shall be final. Provided that appointments t o posts the maximum of the scale of pay of which does not exceed

rupees t w o thousand and t w e n t y four shall be made b y t h e Vice- Chancellor. Notwithstanding anything in the proceeding subclauses, appointments t o posts i n t h e University equivalent t o group ' C ' and 'D' p u s t s i n t h e State Civil Services shall b e m a d e b y t h e Chancellor i n accordance w i t h t h e Statutes t o b e framed f o r t h e purpose and i n accordance w i t h order issued b y t h e State Government f r o m t i m e t o t i m e f o r reservation o f posts for Scheduled Castes. Scheduled Tribes and other Backward Communities. Recognised Teachers T h e qualifications f o r recognition o f persons w o r k i n g i n other universities, institutions or organisations as teachers shall b e prescribed b y t h e Ordinances. T h e manner o f recognising teachers, t h e period o f recognition and w i t h d r a w a l o f recognition shall be prescribed b y t h e Ordinances. Committees A n y authority of t h e University rnay appoint as m a n y standing or special committees as i t m a y deem fit, a n d m a y appoint t o such c o ~ i i m i t t e e s ,persons w h o are n o t members o f such authority. A n y committee appointed under sub clause ( 1) m a y deal w i t h any subject delegated t o it subject t o t h e subsequent confirmation b y t h e authority appointing i t . Terms and conditions o f service a n d code o f c o n d u c t o f t h e teachers and other academic staff o f t h e University All the teachers and other academic staff of t h e University shall i n t h e absence o f a n y contract t o t h e contrary, b e covered b y t h e t e r m s and conditions of service and code o f c o n d u c t as are specified i n t h e ' Statutes and in t h e Ordinances.

(2)

Every teacher and member o f t h e academic staff o l t h e University shall be appointed o n a w r i t t e n contr;ic:r, the f o r m o f w h i c h shall be specified in t h e Statutes. shall b e deposited w i t h t h e Registrar.

(3) A c o p y o f every c o n t r a c t referred t o in sub-clause (2)

18.
T e r m s a n d conditions o f service and code o f c o n d u c t o f o t h e r employees o f t h e University All t h e employees o f t h e University, other t h a n t h e teachers and other academic s t a f f o f t h e University shall i n t h e absence of a n y contract t o t h e contrary be governed b y t h e t e r m s and conditions o f service and c o d e o f c o n d u c t as are specified i n t h e Statutes and t h e Ordinances.

19.
(1)

Removal o f employees o f t h e University Where there is an allegation o f misconduct against a teacher, a m e m b e r o f t h e academic s t a f f or other employee o f t h e University, t h e Vice- Chancellor, in tlic: case o f t h e teacher or member o f t h e academic staff, and the authority competent t o appoint (1ic:rciriafter referred t o as appointing authority) i n t h e caso o f other employees m a y b y order i n w r i t i n g place sircli roacher, member o f t h e academic staff or other employees under suspension and shall f o r t h w i t h report t o tllo Board o f M a n a g e m e n t t h e circumstances i n whic:li l l ~ e order w a s made. N o t w ~ l l i s t a n d i n ganything contained i n the t e r m s o f t h e c:oritracts of appointment or o f any other t e r m s and coriditions o f service o f t h e employees, the Board o f M;iriayement i n r e s p e c t o f t e a c h e r s a n d o t h e r academic s t a f f and t h e appointing authority, in respect of other employees shall have t h e p o w e r t o remove a teacher or a member o f t h e academic staff or as t h e case m a y be, the employees o n grounds of misconduct.

(2)

(3)

Same as aforesaid, the Board of Management or as the case may be, the appointing authority, shall n o t be entitled t o remove any teacher, member of t h e academic staff or other employee except for a good cause and after giving three m o n t h s notice or o n payment of three month's salary in lieu thereof. N o teacher, member of t h e academic staff or other employee shall be removed under sub-clause (2) or ( 3 ) unless he has been given a reasonable opportunity of showing cause against the action proposed t o be taken in regard t o him. The removal of a teacher, member of the academic staff or other employees shall take effect from the date o n which t h e order of removal is made. Provided t h a t where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension.

20. Maintenance of discipline amongst students o f the

University

(1)

The powers regarding d ~ s c ~ p l ~ and n e cilsc;~pl~nary action in regard t o t h e students of the U n ~ v o r s ~ shall ty vest w i t h t h e Vice- Chancellor. The Vrcc Cll;~ncellor may delegate all or any of the powers, as lie rnay deem fit. W i t h o u t prejudice t o t h e generality of his p o w e r s relating t o the maintenance of disciolir~eand taking s u c h a c t i o n as he m y d e e m appropri;lte f o r t h e mainterlance of discipline, the Vice Ctic~ricellormay in the exercise of his power by order, direct that any student or students be expelled or rusticated for a specified period and not admitted t o a course o n period or be prrriished w i t h a fine for an amount t o be specified in thc order, or debar him from taking an examination or ex;~rliinations conducted by the University or a roco~jrl~sccl institution for one or more years or that IIH:rc:!;frlt o f the student or students concerned in the c!x;~r~trr~;~tion or examinations in which she or he has ; ~ l ) l ) ( ! ; ~ r c ! tt l o be cancelled.
-

(4)

(2)

4
1

(5)

(6)

Notwithstanding anything contained in the foregoing provisions of this Statute, a teaclier, member of the academic staff or other employee rnay resign (a) If he is permanent employee, only after giving three months notice in writing to the Board of Management or the appointing acrtllority, as the case may be, or by paying three months salary. If he is n o t a permanent employee, only after giving one month's notice in writing t o the Board of M a n a g e m e n t or as t h e case m a y be t h e appointing authority or b y paying one month's salary in lieu thereof.

(3)

1 1 1 ( ! I~c!;~fls of recognised institutions shall have the ; ~ t r l l \ o r ~tlo y exercise, all such disciplinary powers over [IN!! ; t ~ r t l o r ~in t s their respective institutions as m a y be r~oc:c::;:;;rry for proper conduct of such institutions.

(b)

Tllc! ; ~ l ) o v et r a n s l a t i o n o f t h e b m ~ w d m i ; : d3:d2 : . eqad:d~, 1992 ( 19 9 4 6 d c f i 2 : 5 4 6 ) be published i n th(: o l f ~ c : ~ Gazette nl under clause ( 3 ) of article 3 4 8 of the (:oristitution of India.
KHURSHED A L A M KHAN GOVERNOR OF KARNATAKA
By Order and in the name of Governor of K a r r ~ i ~ l ; ~ k . ~

Provided that such resignation s h ~ l take l effect only on the date on w h i c h the resignation is accepted by the Board of Management, or the appointing authority as the case may be.
50