The Rajasthan Private Universities Act, 2005

Act No. 10 of 2005

8th day of May, 2005

An Act to provide for establishment and incorporation of private universities in the State for imparting higher education and to regulate their functions and for matters connected therewith or incidental thereto.

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S.1 Short title, extent and commencement

(1) This Act may be called the Rajasthan Private Universities Act, 2005.

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

(3) It shall come into force at once.

S.2 Definitions

In this Act, unless the context otherwise requires,-

(a) "AICTE" means All India Council of Technical Education established under All India Council of Technical Education Act, 1987 (Central Act No. 52 of 1987);
(b) "CSIR" means the Council of Scientific and Industrial Research, New Delhi- a funding agency of the Central Government;
(c) "DEC" means the Distance Education Council established under section 28 of Indira Gandhi National Open University Act, 1985 (Central Act No.50 of 1985);
(d) "distance education" means education imparted by combination of any two or more means of communication, viz. broadcasting, telecasting, correspondence courses, seminars, contact programmes and any other such methodology;
(e) "DST" means the Department of Science and Technology of the Central Government;
(f) "employee" means a person appointed by the university to work in the university, colleges, institutions or study centers and includes

S.3 The objects of the University

Following shall be the objects of the University:-

(1) to provide instructions, teaching and training in Higher Education and make provisions for research, advancement and dissemination of knowledge;
(2) to create higher levels of intellectual abilities;
(3) to establish state of the art facilities for education and training;
(4) to carry out teaching and research and offer continuing education programmes;
(5) to create centres of excellence for research and development and for sharing knowledge and its application;
(6) to establish campus in Rajasthan and to have study centers at different places within its jurisdiction;
(7) to establish examination centres;
(8) to institute degrees, diplomas, certificates and other academic distinctions on the basis of examination, or any such other method.
(9) to ensure that the standard of degrees, diplomas, certificates and other academic distinctions are not

S.4 Submission of proposal for establishment of a University and its evaluation

(1) An application containing the proposal and the project report to establish a university in private sector shall be made by the sponsoring body to the State Government, alongwith such fee as may be prescribed.

(2) The project report must contain the following particulars, namely:-

(a) the details of the sponsoring body alongwith the copies of its registration certificate, constitution and bye-laws;
(b) the information regarding financial resources of the sponsoring body alongwith audited accounts for the past five years;
(c) the name, location and headquarters of the proposed university;
(d) the objectives of the university;
(e) the availability of land and details of buildings and infrastructure facilities, if already exist;
(f) availability of academic facilities including teaching and non-teaching staff, if any, at the disposal of sponsoring body;
(g) the details of plans for campus development such as

S.5 Issuance of the letter of intent and compliance report

(1) After the receipt of the report of the committee constituted under section 4, if the State Government is satisfied that it is advisable to establish the university, it may issue a letter of intent and ask the sponsoring body to-

(i) establish an endowment fund in accordance with the provisions of section 9 of this Act;
(ii) own a minimum of 30 acres of land, if not already available;
(iii) construct a minimum of 10,000 square meters of covered space for administrative purposes and for conducting academic programmes, if not already available;
(iv) purchase books and journals of atleast rupees 10 lacs or as per the norms of regulating bodies, whichever is higher, and give undertaking to invest within first three years not less than rupees 50 lacs or as per the norms of regulating bodies, whichever is higher, on books, journals, computers, library networking and other facilities so as to make the library facilities adequate for contemporary

S.6 Establishment of the University

(1) The State Government, if it is satisfied after considering the report submitted under sub-section (2) of section 5 that the sponsoring body has complied with the provisions of sub-section (1) of section 5 may, by notification in the Official Gazette, establish a university with such name, location, jurisdiction and with such conditions as may be specified in such notification and insert necessary entries in the Schedule:

Provided that, no such notification shall be issued except on a resolution passed by the House of the State Legislature.

(2) The university shall be deemed to have come into existence from the date of the notification in the Official Gazette under sub-section (1).

S.7 Incorporation of the university

Every university established under sub-section (1) of section 6 shall be a body corporate by the name notified under that section having perpetual succession and common seal and may sue and be sued by the said name.

S.8 University to be self-financed

The university shall be self-financed and shall not be entitled to receive any grant or other financial assistance from the State Government.

S.9 Endowment Fund

(1) The sponsoring body shall establish an Endowment Fund for the university with an amount of, -

(i) in case the university is situated- (a) fifteen kilometers away from the municipal limits of the Divisional Headquarters Cities, or (b) ten kilometers away from the municipal limits of other cities, one crore rupees;
(ii) in case the university is situated in scheduled tribal area and maintains the distance specified in clause (i) from the municipal limits of a city, seventy five lacs rupees.
(iii) in other cases, two crore rupees.

(2) The Endowment Fund shall be used as security deposit to ensure that the university complies with the provisions of this Act and functions as per provisions of this Act, Statutes and Ordinances. The State Government shall have the powers to forfeit in the prescribed manner, a part or whole of the Endowment Fund in case the university or the sponsoring body contravenes the provisions of this Act or Statutes,

S.10 General Fund

Every university shall establish a fund, which shall be called the General Fund to which following shall be credited, namely:-

(a) fees and other charges received by the university;
(b) any contributions made by the sponsoring body;
(c) any income received from consultancy and other work undertaken by the university in pursuance of its objectives;
(d) trusts, bequests, donations, endowments and any other grants; and
(e) all other sums received by the university.

S.11 Application of General Fund

The General Fund shall be utilized for the following objects, namely:-

(a) for the repayment of debts including interest charges thereto incurred by the university for the purposes of this Act and the Statutes, Ordinances, Regulations and Rules made thereunder;
(b) to upkeep of the assets of the university;
(c) for the payment of the cost of audit of the funds created under sections 9 and 10;
(d) for the meeting expenses of any suit or proceedings to which university is a party;
(e) for the payment of salaries and allowances of the officers and employees of the university and members of the teaching and research staff, and for payment of any Provident Fund contributions, gratuity and other benefits to any such officers and employees, and members of the teaching and research staff;
(f) for the payment of travelling and other allowances of the members of the Governing Body, the Board of Management, the Academic Council, and ot

S.12 Officers of the University

The following shall be the officers of the university, namely:-

(1) the Visitor;
(2) the Chancellor;
(3) the Vice-chancellor;
(4) the Registrar;
(5) the Chief Finance and Accounts Officer;
(6) such other officers as may be declared by the Statutes to be the officers of the University.

S.13 The Visitor

(1) The Governor of Rajasthan shall be the Visitor of the university.

(2) The Visitor shall, when present, preside at the convocation of the university for conferring degrees and diplomas. The Visitor shall have the following powers, namely:-

(a) to call for any paper or information relating to the affairs of the university;
(b) on the basis of the information received by the Visitor, if he is satisfied that any order, proceeding, or decision taken by any authority of the university is not in conformity with the provisions of this Act or Statutes, Ordinances, Regulations and Rules made thereunder, he may issue such directions as he may deem fit in the interest of the university and the directions so issued shall be complied with by the university.

S.14 The Chancellor

(1) The Chancellor shall be appointed by the sponsoring body for a period of three years with the approval of the visitor by following such procedure and on such terms and conditions as may be prescribed by the Statutes.

(2) The Chancellor shall be the head of the university.

(3) The Chancellor shall preside at the meetings of the Governing Body and shall, when the Visitor is not present, preside at the convocation of the university for conferring degrees, diplomas or other academic distinctions.

(4) The Chancellor shall have the following powers, namely:-

(a) to call for any information or record;
(b) to appoint the Vice-chancellor;
(c) to remove the Vice-chancellor in accordance with the provisions of sub-section (7) of section 15;
(d) such other powers as may be prescribed by the Statutes.

S.15 The Vice-chancellor

(1) The Vice-chancellor shall be appointed by the Chancellor from a panel of three persons recommended by the Governing Body and shall, subject to the provisions contained in sub-section (7), hold office for a term of three years:

Provided that, after expiry of the term of three years, a person shall be eligible for re-appointment for another term of three years:

Provided further that a Vice-chancellor shall continue to hold the office even after expiry of his term till new Vice-chancellor joins. However, in any case this period shall not exceed one year.

(2) The Vice-chancellor shall be the principal executive and academic officer of the university and shall exercise general superintendence and control over the affairs of the university and shall execute the decisions of various authorities of the university.

(3) The Vice-chancellor shall preside at the convocation of the university in the absence of both, the Visitor and the Chancellor.

(4) If i

S.16 The Registrar

(1) The appointment of the Registrar shall be made by the Chairperson of the sponsoring body in such manner, as may be prescribed by the Statutes.

(2) All contracts shall be signed and all documents and records shall be authenticated by the Registrar on behalf of the university.

(3) The Registrar shall be the Member Secretary of the Governing Body, Board of Management and Academic Council but he shall not have a right to vote.

(4) The Registrar shall exercise such other powers and perform such other duties as may be prescribed by the Statutes.

S.17 The Chief Finance and Accounts Officer

(1) The appointment of the Chief Finance and Accounts Officer shall be made by the Chancellor in such manner as may be prescribed by the Statutes.

(2) The Chief Finance and Accounts Officer shall exercise such powers and perform such duties as may be prescribed by the Statutes.

S.18 Other Officers

(1) The university may appoint such other officers as may be necessary for its functioning.

(2) The manner of appointment of other officers of the university and their powers and functions shall be such as may be prescribed by the Statutes.

S.19 Authorities of the University

The following shall be the authorities of the university, namely:-

(1) the Governing Body;
(2) the Board of Management;
(3) the Academic Council;
(4) such other authorities as may be declared by the Statutes to be the authorities of the university.

S.20 The Governing Body

(1) The Governing Body of the university shall consist of the following, namely:-

(a) the Chancellor;
(b) the Vice-chancellor;
(c) five persons nominated by the sponsoring body out of whom two shall be eminent educationist;
(d) one expert of management or information technology from outside the university, nominated by the Chancellor; and
(e) one expert of finance, nominated by the Chancellor.

(2) The Governing Body shall be the supreme authority of the university. All the movable and immovable property of the university shall vest in the Governing Body. It shall have the following powers, namely:-

(a) to provide general superintendence and directions and to control functioning of the university by using all such powers as are provided by this Act or the Statutes, Ordinances, Regulations or Rules made thereunder;
(b) to review the decisions of other authorities of the university in case they are no

S.21 The Board of Management

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

(a) the Vice-chancellor;
(b) two members of the Governing Body, nominated by the sponsoring body;
(c) three persons, who are not the members of the Governing Body, nominated by the sponsoring body;
(d) three persons from amongst the teachers, nominated by the sponsoring body;
(e) Two teachers, nominated by the Vice-chancellor.

(2) The Vice-chancellor shall be the Chairperson of the Board of Management.

(3) The powers and functions of the Board of Management shall be such as may be prescribed by the Statutes.

(4) The Board of Management shall meet once in every two months.

(5) The quorum for meetings of the Board of Management shall be five.

S.22 The Academic Council

(1) The Academic Council shall consist of the Vice-chancellor and such other members as may be prescribed by the Statutes.

(2) The Vice-chancellor shall be the Chairperson of the Academic Council.

(3) The Academic Council shall be the principal academic body of the university and shall, subject to the provisions of this Act and the Rules, Statutes or Ordinances, made thereunder, co-ordinate and exercise general supervision over the academic policies of the university.

(4) The quorum for meetings of the Academic Council shall be such as may be prescribed by the Statutes.

S.23 Other Authorities

The composition, constitution, powers and functions of other authorities of the university shall be such as may be prescribed by the Statutes.

S.24 Disqualification for membership of an Authority or Body

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

(a) is of unsound mind and stands so declared by a competent court;
(b) is an undischarged insolvent;
(c) has been convicted of any offence involving moral turpitude;
(d) is conducting or engaging himself in private coaching classes; or
(e) has been punished for indulging in or promoting unfare practice in the conduct of any examination, in any form, anywhere.

S.25 Vacancies not to invalidate the proceedings of any Authority or Body of the University

No 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.

S.26 Filling up of emergent vacancies

Any vacancies occurred in the membership of authorities or bodies 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 the person appointed or nominated as a member of an authority or body of the university on an emergent vacancy, shall remain member of such authority or body for only the remaining period of the member, in whose place he is appointed or nominated.

S.27 Committee

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 prescribed by the Statutes.

S.28 The First Statutes

(1) Subject to the provisions of this Act, and the Rules made thereunder, the First Statutes of the university may provide for all or any of the following matters, namely:-

(a) the constitution, powers and functions of the authorities and other bodies of the university as may be constituted from time to time;
(b) the terms and conditions of appointment of the Vice-chancellor and his powers and functions;
(c) the manner and terms and conditions of appointment of the Registrar and Chief Finance and Accounts Officer and their powers and functions;
(d) the manner and terms and conditions of appointment of other officers and teachers and their powers and functions;
(e) the terms and conditions of service of employees of the university;
(f) the procedure for arbitration in case of disputes between officers, teachers, employees and students;
(g) the conferment of honorary degrees;
(h) the provisions regarding exem

S.29 The Subsequent Statutes

(1) Subject to the provisions of this Act and the Rules made thereunder, the Subsequent Statutes of the university may provide for all or any of the following matters, namely:-

(a) creation of new authorities of the university;
(b) accounting policy and financial procedure;
(c) representation of teachers in the authorities of the university;
(d) creation of new departments and abolition or restructuring of existing department;
(e) institution of medals and prizes;
(f) creation of posts and procedure for abolition of posts;
(g) revision of fees;
(h) alteration of the number of seats in different syllabi; and
(i) all other matters which under the provisions of this Act are to be prescribed by the Statutes.

(2) The Statutes of the university other than the First Statutes shall be made by the Board of Management with the approval of the Governing Body.

(3) The Statutes made under s

S.30 The First Ordinances

(1) Subject to the provisions of this Act or the Rules or Statutes made thereunder, the first Ordinances may provide for all or any of the following matters, namely:-

(a) the admission of students to the university and their enrolment as such;
(b) the courses of study to be laid down for the degrees, diplomas and certificates of the university;
(c) the award of the degrees, diplomas, certificates and other academic distinctions, the minimum qualifications for the same and the means to be taken relating to the granting and obtaining of the same;
(d) the conditions for award of fellowships, scholarships, stipends, medals and prizes;
(e) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators;
(f) fees to be charged for the various courses examinations, degrees and diplomas of the university;
(g) the conditions of residence of the

S.31 The Subsequent Ordinances

(1) All Ordinances other than the First Ordinances shall be made by the Academic Council which after being approved by the Board of Management shall be submitted to the State Government for its approval.

(2) The State Government shall consider the Ordinances submitted by the Academic Council under sub-section (1) within two months from the date of their receipt and shall approve them or give suggestion for modifications therein.

(3) The Academic Council shall either modify the Ordinances incorporating the suggestion of the State Government or give reasons for not incorporating any of the suggestions made by the State Government and shall return the Ordinances alongwith such reason, if any, to the State Government and on receipt of the same, the State Government shall consider the comments of the Academic Council and shall approve the Ordinances with or without modifications and then the Ordinances, as approved by the State Government, shall be published by the State G

S.32 Regulations

The authorities of the university may, subject to the prior approval of the Board of Management, make regulations, consistent with this Act and the Rules, Statutes and the Ordinances made thereunder, for the conduct of their own business and that of the committees appointed by them.

S.33 Admissions

(1) Admission in the University shall be made strictly on the basis of merit:

Provided that for the purpose of filling minority quota in the university established and administered by minority community, zone of consideration for determination of merit shall be limited only to the students belonging to that minority community.

(2) Merit for admission in the university may be determined either on the basis of marks or grade obtained in the qualifying examination and achievements in co-curricular and extra-curricular activities or on the basis of marks or grade obtained in the entrance test conducted at state level either by an association of the Universities conducting similar courses or by any agency of the State:

Provided that admission in professional and technical courses shall be made only through entrance test.

(3) Seats for admission in the university of the students belonging to scheduled castes, scheduled tribes and other backward classes and wom

S.34 Fee structure

(1) The University may, from time to time, prepare its fees structure and sent it for approval of the Committee constituted for the purpose under any law for the time being in force.

(2) The Committee shall consider the fees structure prepared by the university and if it is satisfied that the proposed fees is-

(a) sufficient for- (i) generating resources for meeting the recurring expenditure of the university; and (ii) the savings required for the further development of the university; and
(b) not unreasonably excessive,

it may approve the fees structure.

(3) The fees structure approved by the Committee under sub-section (2) shall remain in force for three years and the university shall be entitled to charge fees in accordance with such fees structure.

(4) The university shall not charge any fees, by whatever name called, other than that for which it is entitled under sub-section (3).

S.35 Examinations

At the beginning of each academic session and in any case not later than 30th of August of every calendar year, the university shall prepare and publish a semesterwise or annual, as the case may be, schedule of examinations for each and every course conducted by it and shall strictly adhere to the schedule.

Explanation.- "Schedule of Examination" means a table giving details about the time, day and date of the commencement of each paper which is a part of a scheme of examinations and shall also include the details about the practical examinations:

Provided that if, for any reason whatsoever, university has been unable to follow this schedule, it shall, as soon as practicable, submit a report to the State Government incorporating the detailed reasons for making a departure from the published schedule. The Government may, thereon, issue such directions as it may deem fit for better compliance in future.

S.36 Declaration of results

(1) The university shall strive to declare the results of every examination conducted by it within thirty days from the last date of the examination for that particular course and shall in any case declare the results latest within forty-five days from such date:

Provided that if, for any reason whatsoever, the university is unable to finally declare the results of any examination within the aforesaid period of forty-five days, it shall submit a report incorporating the detailed reasons for such delay to the State Government. The State Government may, thereon, issue such directions as it may deem fit for better compliance in future.

(2) No examination or the results of an examination shall be held invalid only for the reasons that the university has not followed the schedule as stipulated in section 35 or, as the case may be, in section 36.

S.37 Convocation

The convocation of the university shall be held in every academic year in the manner as may be prescribed by the Statutes for conferring degrees, diplomas or for any other purpose.

S.38 Accreditation of the University

The university shall obtain accreditation from the National Council of Assessment and Accreditation (NAAC), Bangalore within three years of its establishment and inform the State Government and such other regulating bodies which are connected with the courses taken up by the university about the grade provided by NAAC to the university. The University shall get renewed such accreditation at an interval of every five years thereafter.

S.39 University to follow rules, regulations, norms, etc. of the regulating bodies

Notwithstanding anything contained in this Act, the university shall be bound to comply all the rules, regulations, norms, etc. of the regulating bodies and provide all such facilities and assistance to such bodies as are required by them to discharge their duties and carry out their functions.

S.40 Annual Report

(1) The annual report of the university shall be prepared by the Board of Management which shall include among other matters, the steps taken by the university towards the fulfilment of its objects and shall be approved by the Governing Body and copy of the same shall be submitted to the sponsoring body.

(2) Copies of the annual report prepared under sub-section (1) shall also be presented to the Visitor and the State Government.

S.41 Annual Accounts and Audit

(1) The annual accounts including balance sheet of the university shall be prepared under the directions of the Board of Management and the annual accounts shall be audited at least once in every year by the auditors appointed by the university for this purpose.

(2) A copy of the annual accounts together with the audit report shall be submitted to the Governing Body.

(3) A copy of the annual accounts and audit report alongwith the observations of the Governing Body shall be submitted to the sponsoring body.

(4) Copies of annual accounts and balance sheet prepared under sub-section (1) shall also be presented to the Visitor and the State Government. The advice of the State Government or the Visitor, if any, arising out of the accounts and audit report of the university shall be placed before the Governing Body. The Governing Body shall issue such directions, as it may deem fit and compliance shall be reported to the Visitor or the State Government, as the case m

S.42 Powers of the State Government to inspect the university

(1) For the purpose of ascertaining the standards of teaching, examination and research or any other matter relating to the university, the State Government may after consultation with the Vice-chancellor cause an assessment, to be made in such manner as may be prescribed, by such person or persons as it may deem fit.

(2) The State Government shall communicate to the university its recommendations in regard to the result of such assessment for corrective action. The university shall adopt such corrective measures and make efforts so as to ensure the compliance of the recommendations.

(3) If the university has failed to comply with the recommendation made under sub-section (2) within a reasonable time, the State Government may give such directions as it may deem fit for such compliance.

S.43 Dissolution of the university by the Sponsoring Body

(1) The Sponsoring Body may dissolve the university by giving a notice to the effect in the prescribed manner to the State Government and the employees and the students of university at least one year in advance:

Provided that dissolution of the university shall have effect only after the last batches of students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be.

(2) On the dissolution of the university all the assets and liabilities of the university shall vest in the sponsoring body.

S.44 Special Powers of the State Government in certain circumstances

(1) If it appears to the State Government that the university had contravened any of the provisions of this Act or the Rules, Statutes or Ordinances made thereunder 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 5 or a situation of financial mismanagement or mal-administration 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 liquidation should not be made.

(2) If the State Government, 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 contravening all or any of the provisions of this Act or the Rules, Statutes or Ordinances made thereunder or of violating directions issued by it under this Act or of ceasing to carry out the undertaking given under sub-section (1) of section 5 or of financial mismanag

S.45 Power to make Rules

(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the manner of making proposal to establish a university and the fees payable under sub-section (1) of section 4;
(b) Other particulars to be contained in the Project Report under sub-section (2) of section 4;
(c) matter to be prescribed under clause (d) of sub-section (4) of section 44;
(d) other matters which are required to be, or may be, prescribed by rules under this Act.

(3) All the Rules made under this Act shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two successive sessions and if before th