Act No. 04 of 2020
03rd March, 2020
An Act to provide for establishment and incorporation of private Universities in the State of Goa for imparting quality and industry relevant higher education and to regulate their functions and for matters connected therewith or incidental thereto.
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(1) This Act may be called the Goa Private Universities Act, 2020.
(2) It shall extend to the whole of the State of Goa.
(3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires,-
The sponsoring body shall, for the purposes of establishing the University under this Act fulfill the following conditions, namely:--
(1) An application containing the proposal and the project report to establish an University shall be made by the sponsoring body to the Government through the Director of Higher Education along with such fee as may be prescribed by the Government;
(2) The project report must contain the following particulars, namely:-
(1) The Director of Higher Education on receipt of the proposal and the project report for establishment of a University shall constitute a committee consisting of,-
(2) The committee shall consider the proposal and the project report together with the financ
(1) After the receipt of the report of the committee constituted under section 5, if the Government is satisfied that it is proper to establish the University, it may issue a 'Letter of Intent' and required sponsoring body to;-
The Government may, if satisfied, after considering the compliance report submitted under sub-section (2) of section 6 that the sponsoring body has complied with the provisions of section 3 by a notification published in the Official Gazette, permit the sponsoring body to operate the University with such name and at such location as it may deem fit.
Every University established under section 7 shall be a body corporate by the name and shall have perpetual succession and a common seal. It shall have the power to acquire and hold property both movable and immovable and to make contract, and may sue and be sued by the said name.
The University shall be self financed and shall not be entitled to receive any grant or other financial assistance from the Government.
The University shall function as non-affiliating University and shall not admit any college or institution to the privilege of affiliation.
(1) The University shall start its operations only after the Government issues a letter of authorization for the commencement of the functioning of the University.
(2) The Government shall issue the letter of authorization receipt of an affidavit along with documents from the sponsoring body to the effect that all conditions referred to in section 3 have been fulfilled.
The objects of the University shall be dissemination and advancement of knowledge and skill for providing instructional, research and extension facilities in such branches of learning as it may deem fit and the University shall endeavour to provide to students and teachers the necessary atmosphere and facilities for the promotion of;-
The University shall have the following powers, which it shall exercise as per the guidelines and norms prescribed by University Grants Commission and Government from time to time, namely:--
(1) Admission to the different academic programmes shall be made in accordance with the Rules of Regulatory Authority of concerned discipline of study and University Grants Commission norms for the time being in force.
(2) The University shall ensure that the academic standards of the courses offered by the University are in accordance with the guidelines of the University Grants Commission and other statutory bodies, as the case may be.
(3) The teacher-student ratio shall be in accordance with the guidelines of the University Grants Commission.
(4) Academic performance of the University with respect to standards set by the University Grants Commission/Government/other Regulatory Bodies shall be periodically reviewed by a Committee of Academic Experts constituted by the President consisting of one Chairman and four members including two members as nominees of the Government.
(5) The Chairman and other four expert members shall be from academic field not
The University shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the University to adopt to impose on any person any test whatsoever of his religious belief or profession in order to entitle him to be admitted therein as an officer, a teacher, staff member, student, or to hold any office therein or to graduate threat:
Provided that reservation in the posts and recruitment of the employees and reservation of seats for admission in any course of study in the University for the students belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes of citizens shall be regulated by the Order of the Government issued from time to time.
The following shall be the officers of the University,--
(1) The President shall be appointed by the Governing Body of the Sponsoring body for a period of five years in consultation with the Government by following such procedure and on such terms and conditions as may be specified by the Statutes.
(2) The President shall be the head of the University and shall be the Chancellor of the University.
(3) The President shall preside over the meetings of the Governing Body and preside over the convocation of the University.
(4) Before expiration of his tenure, the President may be removed from his office with the prior approval of the Government.
(5) The President shall have the following powers, namely:--
(1) The Vice-Chancellor shall be appointed by the President in consultation with the Government from a panel of three persons recommended by the Governing Body and shall, subject to the provisions laid down in the Statutes and shall hold office for a period of five years:
Provided that, after expiry of the said term of five years, a person shall be eligible for re-appointment as Vice-Chancellor for another term of five years:
Provided further that no person shall hold the office of Vice-Chancellor beyond sixty-five years of his age.
(2) If, at any time, upon representation made or otherwise, and after making such inquiry, as may be deemed necessary, the situation so warrants and if the continuance of the Vice-Chancellor is not in the interest of the University, the President with the prior approval of the Government, may, by an order in writing, ask the Vice-Chancellor to relinquish his office from such date as may be specified in the order:
Provided tha
(1) The Pro-Vice-Chancellor shall be appointed by the Vice-Chancellor in such manner and shall exercise such powers and perform such functions as may be specified by the Statutes.
(2) The Pro-Vice Chancellor appointed under sub-section (1) shall discharge his duties in addition to his duties as a Professor.
(3) The Pro-Vice-Chancellor shall assist the Vice-Chancellor in discharging day to day duties as and when required by the Vice-Chancellor.
(1) The Registrar shall be appointed in such manner as may be specified by the Statutes.
(2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such other powers and perform such other functions as may be specified by the Statutes.
(3) The Registrar shall be the ex-officio Secretary of the Executive Council and the Academic Council.
Every Dean shall be appointed in such manner and shall exercise such powers and perform such functions as may be specified by the Statutes.
(1) The Finance Officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be specified by the Statutes.
(2) The Finance Officer shall be the Secretary of Finance Committee.
The manner of appointment and powers and duties of other officers of the University including the Director of Students' Welfare, Controller of Examinations shall be such as may be specified by the Statutes.
The following shall be authorities of the University:--
(1) The Constitution of the Governing Body and the term of office of its members shall be such as may be specified by the Statutes.
(2) An officer of Higher Education Department of the Government not below the rank of the Deputy Director shall be the member of the Governing Body.
(3) Subject to provisions of this Act, the Governing Body shall discharge the following functions, namely:--
(1) The Executive Council shall be the principal executive body of the University.
(2) The constitution of the Executive Council, the term of the office of its members and its powers and duties shall be such, as may be specified by the Statutes.
(3) An officer of Higher Education Department of the Government not below the rank of the Deputy Director shall be the member of the Executive Council.
(4) One Member from amongst the judicial officers of the State not below the rank of District Judge nominated by the Government shall be the member of the Executive Council.
(1) The Academic Council shall be the principal academic body of the University and it shall, subject to the provisions of this Act, the Statutes and Ordinances, co-ordinate and exercise general supervision over the academic policies of the University.
(2) The constitution of the Academic Council, the term of office of its members and its powers and functions shall be such, as may be specified by the Statutes.
(1) The Finance Committee shall be the principal financial body of the University to take care of the financial matters.
(2) The constitution, the term of office of its members and its powers and functions shall be such, as may be specified by the Statutes.
(1) The Planning Board shall be the principal planning body of the University. The Board shall ensure that the infrastructure and academic support system meets the norms of the University Grants Commission or respective regulatory bodies.
(2) The constitution of the Planning Board, term of office of its members and its powers and functions shall be such, as may be specified by the Statutes.
The constitution, the term of office of members and powers and functions of the Board of Faculties, the Admissions Committee, the Examination Committee and of such other authorities of the University which may be declared by the Statutes to be authorities of the University, shall be such, as may be specified by the Statutes.
A person shall be disqualified for being a member of any authority of the University, if he,-
No decision, act or proceeding of any authority or body of the University shall be invalid merely by reason of any vacancy or defect in the constitution thereof.
Any vacancy arriving in the office of a member of any authority or body of the University due to death, resignation or removal of a member or due to change of capacity in which he was appointed or nominated, shall be filled up as early as possible by the person or the body who had appointed or nominated such a member:
Provided that such person shall remain member of such authority or body, for the residue of the term of such member.
The authorities or officers of the University may constitute such committees with such terms of reference as may be necessary for specific tasks to be performed by such committees. The constitution of such committees and their duties shall be such as may be determined by the authority or officers constituting the Committee.
(1) The Executive Council shall make the statutes of carrying out the purposes of this Act.
(2) Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-
(1) Subject to the provisions of this Act and the Statutes, the Ordinances shall be made by the Executive Council which may provide for all or any of the following matters, namely:
(1) The annual report of the University shall be prepared under the directions of the Executive Council and shall be submitted to the Court on or after such date as may be specified by the Statutes and the Court shall consider the report in its annual meeting;
(2) The Court shall submit the annual report to the President along with its comments, if any.
(1) The annual accounts and balance sheet of the University shall be prepared under the directions of the Executive Council and shall, at least once every year and at intervals of not more than fifteen months, be audited by an experienced and qualified firm of Chartered Accountants of repute.
(2) A copy of the annual accounts, together with the audit report thereon, shall be submitted to the Court and the President along with the observations of the Executive Council.
(3) Any observations made by the President on the annual accounts shall be brought to the notice of the Court and the Executive Council and the observations, if any, shall after review by the Executive Council, be submitted to the President and shall be put in the public domain.
(1) There shall be a Regulatory Authority called 'the Goa Private Universities Regulatory Authority'.
(2) The Regulatory Authority shall consist of Chairperson and five members.
(3) The Chairperson of the Regulatory Authority shall be appointed by the State Government from amongst the eminent persons having experience of academics or administration. Five other members of the Regulatory Authority shall be appointed by the Government from different fields as mentioned below:-
(1) For the purposes of ascertaining the standards of teaching, examination and research or any other matter relating to the University, the Regulatory Authority may cause an assessment to be made in such manner as it deems proper.
(2) The Regulatory Authority shall communicate to the University its recommendations in regard to the result of such assessment and issue directives to the University for corrective action. The University shall adopt such corrective measures and ensure compliance of the recommendations.
(3) If the University fails to comply with the recommendations made under sub-section (2) within a reasonable time, the Regulatory Authority may give such directions as it may deem fit for such compliance.
(4) The records of the students admitted to the different courses of the University and their results shall be provided to the Regulatory Authority. Final degree shall be conferred to the students with approval of the Regulatory Authority as per the
(1) Every employee of the University shall be appointed/engaged as per provisions of the Statutes.
(2) Any dispute arising between the University and any of the employees appointed substantively, shall be referred to the Vice Chancellor who shall decide the dispute after giving an opportunity of being heard to the employee within three months from the date of its reference.
(3) Any dispute in respect of any employee engaged temporarily or on ad-hoc or part time or casual basis shall be heard and decided by the Vice-Chancellor.
(4) Any person aggrieved by the Order of the Vice-Chancellor may prefer an appeal to the President. The decision of the President in such an appeal shall be final.
(1) Any student or candidate for an examination, whose name has been removed from the rolls of the University by the order or resolution of the Academic Council or Controller of Examinations, as the case may be, and who has been debarred from appearing at the examinations of the University for more than one year, may within ten days of the date of receipt of such order or copy of such resolution appeal in writing to reverse the decision to the Vice-Chancellor of the University.
(2) Any decision taken by the Vice-Chancellor shall be final.
The University may constitute for the benefit of its employees such pension or welfare schemes or Provident Fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be decided by the Executive Council.
If, any question arises as to whether any person has been duly nominated or appointed as or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the President whose decision thereupon shall be final.
Where any authority of the University is given power under this Act or the Statutes to appoint Committees, such Committees shall save as otherwise provided, consist of the members of the authority concerned and of such other persons as the authority in each case may think fit.
All vacancies among the members (other than ex-officio) of any authority or other body of the University shall be filled as soon as may be convenient by the person or body who appointed, nominated or co-opted the member whose place has become vacant and the person appointed, to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.
No act or proceedings of any authority of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.
A copy of any receipt, application, notice, order, proceeding, resolution of any authority or Committee of the University or other documents in possession of the University, if certified by the Registrar, shall be received as prima-facie evidence of such receipt, application, notice, order, proceeding or resolution, document or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced have been admissible in evidence.
(1) The University shall establish a general fund to which the following amount shall be credited, namely:--
(2) The money credited to the general fund shall be applied to meet all the recurring expenditures of the University.
(1) The University shall also establish a development fund to which the following moneys shall be credited, namely:--
(2) The moneys credited to the development fund from time to time shall be utilized for the development of the University.
The funds established under this Act shall subject to general supervision and control of the Court be regulated and maintained in such manner as may be specified by the Statutes.
The University shall not be eligible for any grants-in-aid or any financial assistance from the Government or any other body or Corporation owned and controlled by the Government.
(1) The fees charged for different academic programmes shall be in accordance with laws for the time being in force and such fee structure shall be put in public domain.
(2) The Executive Council, subject to approval of the President, may, from time to time, determine or alter the fee chargeable from students and others enrolled with the University for purposes of imparting education, instruction, research or training and similar other purposes:
Provided that no fees can be increased after the admission of a student in a course except the increase is proportionate to the increase percentage of dearness allowance of the employees of the University.
(3) The Executive Council shall communicate the prescribed fee structure to the Regularity Authority. The Regulatory Authority may suggest changes in the fee structure prescribed by the Executive Council.
(4) The Executive Council shall consider the changes suggested under sub-section (3) by the Regulatory Auth
The convocation of the University shall be held in every academic year in the manner as may be specified by the Statutes and Ordinances for conferring degrees, diplomas or for any other purpose.
(1) It shall be the duty of the Regulatory Authority or University or any authority/officer of the University to furnish such information or records relating to the administration or finance and other affairs of the University as the Government may call for.
(2) The Government, if it is of the view that there is violation of the provisions of this Act or the Statutes or Ordinances made there under, may issue such directions to the Regulatory Authority or the University as it may deem necessary.
(1) Where the University proposes its dissolution, it shall give at least six months written notice to the Government.
(2) On receipt of notice referred to in subsection (1) the Government shall make such arrangements for administration of the University from the date of dissolution of the University and until the last batch of students in regular courses of studies of the University complete their courses or studies in such manner as may be specified in the Statutes.
(1) The expenditure for administration of the University during the taking over the liabilities of the University shall be met out of the Permanent Endowment Fund, the general fund and the development fund.
(2) If the funds referred to in sub-section (1) are not sufficient to meet the expenditure of the University during the taking over the liabilities of the University such expenditure may be met by disposing off the properties or assets of the University by the Government.
(1) The Government through the Department of Higher Education may issue such directions from time to time to the University on policy matters not inconsistent with the provisions of this Act as it may deem necessary. Such directions shall be complied with by the University, failing which, the Government may take action against the University, in accordance with the Rules framed under this Act.
All assets and properties including permanent endowment fund, general fund or any other fund and also the liabilities of the University shall belong to the Society in case of dissolution of the University.
(1) If, it appears to the Regulatory Authority that the University has contravened any of the provisions of this Act or Statutes or Ordinances made there under or has violated any of the directions issued by it under this Act or has ceased to carry out any of the undertakings given under sub-section (1) of section 6 or a situation of financial mismanagement or misadministration has arisen in the University, it shall issue notice requiring the University to show cause within forty-five days as to why an order of its dissolution should not be made.
(2) If the Regulatory Authority, on receipt of reply of the University on the notice issued under sub-section (1), is satisfied that there is a prima facie case of contravention of any of the provisions of this Act or the Statutes or Ordinances or Regulations made there under or of violation of directions issued by it under this Act or of ceasing to carry out any of the undertakings given or of financial mismanagement or misadminist
(1) The Government may, by notification, make rules for carrying out the provisions of this Act.
(2) Every rule made under this section shall, as soon as may be after it is made, be laid before the State Legislature.
(1) If any difficulty arises in giving effect to any of the provisions of this Act, the Government may, by order not inconsistent with the provisions of this Act, remove the difficulty.
Provided that no such order shall be made after the expiration of a period of two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly of Goa.
All disputes arising as a result of the provisions made in the Act shall be settled by a Court of law in the State of Goa.
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