SAPTHAGIRI NPS UNIVERSITY ACT, 2022
KARNATAKA ACT NO.18 OF 2023
Read full Act(1) This Act may be called the Sapthagiri NPS University Act, 2022.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force on such date as the State Government may, bynotification, in the official Gazette, appoint.
In this Act, unless the context otherwise requires, -
(a) “Academic Council” means the Academic Council of the University asspecified in section 26;
(b) “Agenda Matters” means all the matters and business to be designated inthe Statutes each of which can be either included in the Agenda or betaken up for discussion and decision at a meeting of the Board ofGovernors or the Board of Management or any Committees or otherauthorities as the case may be, only subject to the prior written approvalof the Chancellor, consenting to the passing of such matters andbusiness at such a meeting;
(c) “Board of Governors” means the Board of Governors of the University asspecified in section 24;
(d) “Board of Management” means the Board of Management of theUniversity as specified in section 25;
(e) “Chancellor”, “Vice-Chancellor”, “Pro Vice-Chancellor” means respectivelythe Chancellor, Vice Chancellor and Pro Vice Chancellor of theUniversity.
(f) “
(1) The Trust shallhave the right to establish the University of unitary in nature subject to and inaccordance with the provisions of this Act.
(2) The proposal to establish a University shall be made to the Government by the Trust.
(3) The proposal shall contain the following particulars, namely:-
(i) the objects of the University along with the details of the Trust;
(ii) the extent and status of the University and the availabilityof land and land shall be in the name of the trust;
(iii) the nature and type of programmes of study and research to beundertaken by the University during a period of five academicyears immediately following the commencement date;
(iv) the nature of faculties, courses of study and research proposed tobe started;
(v) the campus development such as buildings, equipment andstructural amenities;
(vi) the phased outlays of capital expenditure for a period of fiveacademic years immediately foll
(1) Where the Government, afterconsidering the recommendations of the Screening Committee and holding suchinquiry as it may deem necessary, is satisfied that,-
(i) the Trust has ability to run an University with sufficient infrastructure;
(ii) is the sole owner of land to the extent of twenty acres;
(iii) owns 20 acres of land in the name of trust to the extent specified belowin accordance with its location, namely:-
(a) The Land shall be in single block or two block only including wholearea in the limits of Bruhat Bengaluru Mahanagara Palike as wellas Bengaluru metropolitan Region Development Authority;
(b) It shall be in single block or two block within the limits of Mysuru,Mangaluru, Hubballi-Dharwad, Belagavi, Kalaburagi, Tumakuru,Ballari, Shivamogga, Davangere and Vijayapura, MunicipalCorporation and related planning areas.
(c) Single block or two block in the Places other than the placesspecified in clause (a) and (b):
The University shall be self- financingand shall neither make a demand nor shall be entitled to any maintenance grant-in-aid or any other financial assistance from the State or any other body orcorporation owned or controlled by the State:
The University may have Constituent Colleges,Regional Centers, additional campuses and Study Centers at such places in theState as it deems fit after the completion of five years after its establishmentsubject to the prior permission of the University Grants Commission and then theGovernment.
The University shall employ a broad range ofstrategies to achieve its vision and objectives University Grants Commission,-
(i) to provide instruction, teaching, training, research, consultancy anddevelopment in various disciplines in areas such Pure Sciences, allbranches of Engineering, Arts, Management, Commerce andHumanities Programmes programs including other allied fields ofdevelopment and make provisions for research, advancement anddissemination of knowledge on these fields;
(ii) to design and deliver high quality training, capacity building anddevelopment systems for teachers in higher and professional education,administrators and professionals working in Government, Public andPrivate Sectors and development professionals in other systems;
(iii) to develop resource centres to contribute to quality education;
(iv) to establish Campuses and have study centres, Constituent Colleges andRegional Centres at various locations in Karnataka afte
The University shall have the followingpowers, namely:-
(i) to establish and maintain Campuses, Regional centers andStudy Centers in Karnataka as may be determined by theUniversity from time to time in the manner laid down by theStatutes subject to the prior permission of the University GrantsCommission and then the Government;
(ii) to carry out all such other activities as may be necessary orfeasible in furtherance of the object of the University,
(iii) to confer degrees or other academic distinctions in the mannerand under conditions laid down in the Statutes;
(vi) to institute and award fellowships, scholarships and prizes,awards, medals etc., in accordance with the Statutes;
(vii) to demand and receive such fees bills, invoices and collectcharges as may be fixed by this Act, Statutes and Rules;
(viii) to make provisions for extracurricular activities for students andemployees;
(ix) to make appointments of the Faculty,
TheUniversity admissions shall be open to all persons irrespective of caste, class,creed, gender or nation. The criteria for admission programme wise and thedetailed notification of the time line for admission and the available intakeprogramme wise along with the prescribed fees including a break up of fees shall benotified as a part of mandatory disclosure on the University‟s website:
Provided that, forty percent of the admissions in all courses of the universityshall be reserved for the students of Karnataka State and admissions shall be doneas below,-
(i) for Technical and professional Courses admission shall be done on thebasis of the merit list through a Common Entrance Test conducted by the CentralGovernment or State Government or its agency, as the case may be or through anymethod as specified by the State Government from time to time;
(ii) in case of all non-technical courses the admission shall be done on thebasis of the merit list prepared
The Sponsoring Body shall have thefollowing powers with reference to the University, each of which may be exercisedby the Sponsoring Body at its discretion, namely:-
(i) to appoint or re-appoint or terminate the appointment of theChancellor;
(ii) to constitute the first Board of Governors of the University;
(iii) to nominate the chairperson of the Board of Governors;
(iv) to nominate three persons as members of the Board of Governors;
(v) to nominate two persons as members of the Board of Management;
(vi) to determine the source of funds to be contributed to the UniversityEndowment Fund;
(vii) to determine the application and spending of monies by the University;and
(viii) to resolve any conflict at the meeting of the Board of Governors in themanner provided for in this Act.
The following shall be the officers of theUniversity, namely: -
(i) The Visitor;
(ii) The Pro-visitor;
(iii) The Chancellor:
(iv) The Pro-Chancellor;
(v) The Vice-Chancellor;
(vi) The Pro Vice-Chancellor;
(vii) Deans of faculties;
(viii) The Registrar;
(ix) The Finance Officer; and
(x) Such other officers as may be declared by the Statutes to be officers of theUniversity.
(1) His Excellency the Governor of Karnataka shall be theVisitor of the University and the visitor may offer suggestions for the improvementof the functioning of the University.
(2) The Visitor shall preside at the convocation of the University for conferring degrees and diplomas.
(3) The Visitor shall have the following powers, namely:-
(i) to call for any paper or information relating to the affairs of theUniversity; and
(ii) on the basis of the information received by the Visitor and if they aresatisfied that any order, proceedings or decision taken by any authorityof the University is not in conformity with the Act, Regulations, or Rules,they may issue such directions as they may deem fit in the interest ofthe University and the directions so issued shall be complied with by allthe concerned.
(1) The Hon‟ble Minister for Higher Education,Government of Karnataka shall be the Pro-Visitor of the University,-
(2) The Pro-Visitor shall, when the Visitor is absent, preside at theConvocation of the University for conferring degrees and diplomas.
(1) The Chancellor shall be appointed by the SponsoringBody.
(2) A trustee of the Sponsoring Body shall be the first Chancellor, who shallhold for life or till he demits office.
(3) The subsequent Chancellor shall be a Trustee of the Sponsoring Body.
(4) The Sponsoring Body may appoint Pro-Chancellor who shall be a trusteeof the Sponsoring Body.
(5) The subsequent, Chancellor so appointed shall hold the office asdetermined by the Sponsoring Body.
(6) The Chancellor shall have such powers as may be conferred on him bythis Act or the Statutes made there under, which shall include the followingpowers, namely:-
(i) to function as the head of the University;
(ii) to preside at all convocations of the University in absence of visitor andpro-visitor;
(iii) to function as a Chairperson of the Board of Governors of theUniversity;
(iv) to appoint or re-appoint or terminate the appointment of the Vice-Chancellor, in acc
(1) The Pro-Chancellor shall be appointed by theSponsoring Body for a term of not exceeding four years prescribe by the SponsoringBody subject to other terms and conditions as may be laid down in the statutes.
(2) The Pro-Chancellor shall exercise all powers of the Chancellor in hisabsence and shall be assigned any additional duties with prior written Approval ofthe Chancellor.
(3) The Pro-Chancellor shall chair all the Committees, meetings andconvocations in the absence of the Chancellor.
(1) The Vice- Chancellor shall be appointed for aterm of four years by the Chancellor subject to other terms and conditions as maybe laid down by the Statutes from among three persons recommended by theNomination Committee constituted in accordance with the provisions of sub-section (2). The Vice-Chancellor shall not continue in office after the age of sixtyseven years.
(2) The Nomination Committee referred to in sub-section (1), shall consist ofthe following persons, namely:-
(i) One person nominated by the Sponsoring Body, who shall be theconvener of the nomination committee;
(ii) One person nominated by the Board of Governor; and
(iii) One person nominated by the Academic Council;
(3) The Nomination Committee shall, on the basis of merit, recommendthree persons suitable to hold the office of the Vice-Chancellor and forward thesame to the Chancellor along with a concise statement showing the academicqualifications and other distinctio
The Vice-Chancellor shall appoint not morethan three pro-vice Chancellors with the written approval of the Chancellor in suchmanner as prescribed by the statutes and they shall exercise such powers andperform such duties as may be laid down by the Statutes.
Deans of faculties shall be appointed by the Vice-Chancellor with the written approval of the Chancellor in such manner and theyshall exercise such powers and perform such duties as may be laid down by theStatutes.
All appointments in section 15,16,17 and 18 in the University shall as per regulations of existing University GrantsCommission and other Regulatory Authorities.
(1) The Registrar shall be appointed by the Chancellorin such manner and on such terms and conditions as may be laid down by theStatutes. The registrar shall be a non Academician.
(2) all contracts as defined in statutes shall be entered into, and signed bythe Registrar on behalf of the University.
(3) The Registrar shall have the power to authenticate records on behalf ofthe University and shall exercise such other powers and perform such other dutiesas may conferred by the statutes or may be required from time to time, by theChancellor or the Vice-Chancellor.
(4) The Registrar shall be responsible for the due custody of the records andthe common seal of the University and shall be bound to place before theChancellor, the Vice-Chancellor or any other authority all such information anddocuments as demanded.
The Finance Officer shall be appointed by the Vice-Chancellor with the written approval of the Chancellor in such manner and heshall exercise such powers and perform such duties as may be laid down by the Statutes.
The manner of appointment, terms and conditions ofservice and powers and duties of the other officers of the University shall be suchas may, be specified by Statutes.
The following, shall be the authorities ofthe University, namely:-
(i) The Board of Governors;
(ii) The Board of Managements;
(iii) The Academic Council;
(iv) The Research and Innovation Council;
(v) The Finance Committee; and
(vi) Such other authorities as may be declared by the Statutes to bethe authorities of the University.
(1) The Board of Governorsshall consist of the following, namely:-
(i) The Chancellor - Chairperson;
(ii) The Pro-Chancellor - Member;
(iii) The Vice-Chancellor - Member;
(iv) The Secretary to the Government in the Higher Education or by hisnominee not below the rank of Deputy Secretary - Ex-officio member;
(v) One expert from the field of management, finance or any otherspecialized, including administration to be nominated by theGovernment- member;
(vi) Three persons nominated by the Sponsoring Body of whom one shallbe woman – member;
(vii) The Pro Vice-Chancellor who shall be a non-voting member: and(2) The Registrar shall be non-voting member Secretary of Board ofGovernors.
(3) The tenure of office of the members of the Board of Governors,appointment of members, other than Government nominees, renewal and removal,etc:, shall be such as may be laid down by the Statutes.
(4) All meetings of the Board of Gove
(1) The Board of Management shall consist ofthe following, namely:-
(i) The Vice Chancellor;
(ii) The Pro-Vice Chancellors;
(iii) The Registrar;
(iv) Two nominees of the Sponsoring Body; and
(v) Two Deans of the faculties as nominated by the Vice Chancellor.
(2) The Vice Chancellor shall be the Chairperson of the Board of Managementand the Registrar shall be the Secretary of the Board of Management.
(3) The Board of management shall be the executive body of the University. Thepowers and functions of the Board of Management shall be such as may bespecified by the statutes.
(4) All meetings of the Boards of Management shall always be chaired by theVice Chancellor and in the absence of the Vice Chancellor, by the nominee of theSponsoring Body and where the Sponsoring Body has not nominated anynominees, then by any other member as elected by the members present in themeeting;
(5) In the event of a conflict of opi
(1) The Academic Council shall consist of thefollowing, namely: -
(i) The Vice-Chancellor - Chairperson
(ii) The Pro Vice Chancellor - Member
(iii) The Registrar - Secretary
(iv) Such other members as may be specified by the Statutes.
(2) The Academic Council shall be the principal academic body of theUniversity and shall, subject to the provisions of this Act, the Statutes, theRegulations and the Rules, and as per Regulations of existing University GrantsCommission, relevant Rules and Regulations of Central Government and StateGovernment to co-ordinate and exercise general supervision over the academicpolicies of the University. The agenda and proceedings of the Board of Governorsshall be put up on the website of the University as a part of Mandatory Disclosures.
(1) Research and InnovationCouncil shall be the Principal Research and Innovation Council of the Universityand shall provide the larger holistic vision of the kind of research to be undertakenby the University, including prioritization of the research areas. Research andInnovation Council shall, subject to the provisions of this Act, the Statutes, theRegulations and the Rules, co-ordinate and exercise general, supervision over theInnovation and Research policies of the University.
(2) The Research and Innovation Council shall consist of the following,namely:-
(i) The Vice- Chancellor - Chairperson
(ii) The Pro Vice-Chancellor – Member
(iii) The Dean of Research – Secretary
(iv) Head of the Department of Innovation – Member
(v) Deans of all Faculties - Members
(vi) Such other members as may be specified in the Statutes.
(1) The Finance Committee shall consist of thefollowing, namely:-
(i) The Chancellor or his Nominee - Chairperson
(ii) The Pro-Chancellor - Member
(iii) The Vice-chancellor - Member
(iv) The Registrar - Member
(v) The Finance Officer - Secretary
(vi) One nominee of the Sponsoring Body - Member
(vii) Such other members as may be specified in the statutes.
(2) The Finance Committee shall be the principal financial body of theUniversity to take care of financial matters and shall, subject to the provisions ofthis Act, Rules, Statutes, and as per Regulations of existing University GrantsCommission, relevant Rules and Regulations of Central Government and StateGovernment to co-ordinate and exercise general supervision over the financialmatters of the University. The agenda and proceedings of the Finance Committeeshall be put up on the website of the University as a part of Mandatory Disclosures.
The constitution, powers and functions of the otherauthorities of the University shall be such as may be specified by the statutes.
A personshall be disqualified for being a member of any of the authorities of bodies of theUniversity, if he,-
(a) is of unsound mind and stands so declared by a competent court;
(b) is an undischarged insolvent;
(c) has been convicted of any offence involving moral turpitude;
(d) conducting or engaging himself in private coaching classes;
(e) has been punished for indulging in or promoting unfair practice in theconduct of any examination, in any form, anywhere; and
(f) as and when the Board of Governors were to form an opinion in writingthat a Member of any of the authorities or bodies is unfit to hold the post.
No act orproceedings of any authority of the University shall be invalid merely by reason ofthe existence of any vacancy or defect in the constitution of the authority.
(1) No Agenda Matter shallbe either included in the Agenda for or taken up for discussion and decided in, themeeting of the Board of Governors or the Board of Management or any Committeeswithout obtaining the Prior written approval of the Chancellor.
(2) In the event of breach of any provisions of this Act, the Chancellor shallbe entitled at all time to immediately take remedial action by reversing all decisionstaken by any functionary or body of the University in breach of the provisions ofthe Act and consequent upon the pursuit of such a remedial action all such actionstaken by the functionary or body of the University in breach of the provisions of theAct shall be deemed to be null and void, ab-initio and consequently the status quoante shall prevail in respect of the matter or decision in breach.
Subject to the provisions of this Act and Rules andRegulations of the University Grants Commission and other Regulatory Authorities,the Statues may provide for any matter relating to the Universities and Staff asgiven below, namely:-
(i) the procedure for transaction of business of the Authorities of theUniversity and the composition of bodies not specified in this Act;
(ii) subject to section 52, the operation of the permanent statutoryendowment fund, University endowment fund, the general fund andthe development fund;
(iii) the terms and conditions of appointment of the Vice-Chancellor, the Registrar and the Finance Officer and their powers and functions;
(iv) the mode of recruitment and the terms and conditions of service of theother officers, Teachers and employees of the University;
(v) the procedure for resolving disputes between the University and itsofficers, Faculty members, employees and students;
(vi) creation, aboliti
(1) The first statutes framed by the Board ofManagement shall be submitted to the Board of Governors for its approval.
(2) The Board of Governors shall consider the First Statutes, submitted by theBoard of Management and shall give its approval thereon with such modifications,if any, as it may deem necessary.
(3) The University shall publish the First Statutes, as approved by the Board ofGovernors in the University Notification, and thereafter, the First Statutes shallcome into force from the date of its publication.
The Board of Governors may, make newor additional Statutes or amend or repeal the Statutes.
(1) Subject to the provisions of this Act and Rules andRegulations of University Grants Commission and other Regulatory Authorities, thestatutes may provide for all or any of the following matters namely:-
(i) admission of students to the University and their enrolment andcontinuance as such;
(ii) the courses of study to be laid down for all degrees and other academicdistinctions of the University;
(iii) the award of degrees and other academic distinctions:
(iv) the conditions of the award of fellowships, scholarships, studentships,medals and prizes;
(v) the conduct of examinations and the conditions and mode ofappointment and duties of examining bodies, examiners, invigilators,tabulators and moderators;
(vi) the fee to be charged for admission to the examinations, degrees andother academic distinctions of the University;
(vii) the conditions of residence of the students at the University or aConstituent College;
(v
The Academic Regulations shall bemade by the Academic Council and approved by Board of Management.
The Academic Council may, with theapproval of the Board of Management, make new or additional academicregulations or amend or repeal the regulations.
(1) The fee in respect of forty percent of the admissionsin all courses of the university for which admissions are made through a CommonEntrance Test conducted by the State Government or Central Government or itsagency under the proviso to section 9 shall be the fees, as fixed by the StateGovernment, for Government seats from time to time, in accordance with theconsensual agreement entered into by the Government and the University inaccordance with the Karnataka Professional Educational Institutions (Regulation ofAdmission and Determination of Fee) Act, 2006 (Karnataka Act 8 of 2006). The feein respect of forty percent of the admission in all other non-technical courses beingoffered in the university shall be the fees as fixed by consensual agreement enteredbetween University and State Government.
(2) In respect of other seats of the University, the fee shall be determined bythe fee regulatory committee constituted under the chairpersonship of a RetiredJudge of Hi
The Universityshall publish in its official website, the Act, Regulations, Public Notices and otherinstructions of concerned National Accreditation Body and the Acts, Rules,Regulations, Orders, Circulars and instructions of the Government, theproceedings of every meeting of the Board of Governors, Board of Management, theAcademic Council, the Finance Committee within forty eight hours of the signatureon the proceedings of the said meeting by the Competent Authority. The details ofthe Programmes or Courses offered by the University, its sanctioned intake,eligibility for enrolment, fee structure, details of permanent, adjunct and temporaryFaculty Programme wise, Department wise shall also mandatorily be published andupdated on the website of the University. The Annual Report of the university andthe Annual Accounts shall also be published mandatorily on the website of theuniversity. The Information sent by the University to University Grants Commissionfor inspection purpos
(1) Every employee shall beappointed under a written contract subject to such terms and conditions as may bespecified by statutes and regulations or prescribed if any by rules which shall bekept in the University and a copy of which shall be furnished to the employeeconcerned.
(2) Disciplinary action against the employees shall be governed by theprocedure specified in the Statutes.
(3) Any dispute arising out of the contract between the University and anemployee shall, be resolved in the manner provided for in the written contract andin accordance with the Statues and as per existing Regulations of the UniversityGrants Commission.
In case of disciplinary actions by the Universityagainst its employee or student, the aggrieved employee or students shall have aright to appeal to such authority as specified by the statutes and as per existingUniversity Grants Commission Regulations, relevant Government of India andGovernment of Karnataka Rules and Regulations.
The University shall constitute for thebenefit of its employees such Provident or Pension Fund and provide suchinsurance scheme as it may deem fit in such manner and subject to suchconditions as may be specified by the statutes and the laws in force.
If any question arises as to whether any person has been duly elected or appointedas, or is entitled to be a member of any authority or other body of the University,the matter shall be referred to the Chancellor.
Any other authority of the Universitymentioned in section 29, shall be empowered to constitute a committee of suchauthority, consisting of such members of such authority and having such powersas the authority may deem fit.
Any casual vacancy among the members,other than ex-officio members of any Authority or body of the University shall befilled in the same manner in which the member whose vacancy is to be filled up,was chosen, and the person filling the vacancy shall be a member of such authorityor body for the residual term for which the person in whose place he would havebeen a member.
Notwithstanding anything contained in anyother provisions of this Act and the Statues,
(i) the first Vice-Chancellor and Pro-Vice-Chancellor, if any shall beappointed by the Chancellor;
(ii) the first Registrar and the first Finance Officer shall be appointed by theChancellor; and
(iii) the first Board of Management, the first Finance Committee, the firstInnovation and Research Council and the first Academic Council shallbe constituted by the Chancellor.
(1) The University shallestablish a Permanent Statutory Endowment Fund of at least rupees twenty fivecrores jointly in the name of the Chancellor of the university and the Secretary toGovernment, Higher Education Department, out of which at least fifteen croresshall be in cash and remaining in the form of Bank Guarantee, which may beincreased suo moto but shall not be decreased:
Provided that, in case of a University outside the Bengaluru or BengaluruRural District at least fifteen crores, out of which rupees ten crores shall be in theform of cash and the remaining five crores shall be in the form of Bank Guarantee.
(2) The University shall have power to invest the permanent StatutoryEndowment Fund in such manner as may be prescribed.
(3) The University may transfer any amount from the General Fund or theDevelopment Fund to the permanent Statutory Endowment Fund. Excepting in theevent of dissolution of the University, in no other circumstances can an
(1) The University shall establish aEndowment Fund having such funds as may be determined by the SponsoringBody which can include donations and other funds received from time to time.
(2) The University shall have the power to invest the University EndowmentFund in a manner as may be specified by the Statutes.
(3) The University Endowment Fund is a self-imposed fund that theUniversity desires to maintain voluntarily and invest it responsibly to protect itselffrom financial challenges that may arise on account of pursuing social objectivesand/or unforeseen circumstance.
(4) The University may transfer any amount from the General Fund or thedevelopment fund to the University Endowment Fund. Excepting in the event ofdissolution of the University, in no other circumstances can any monies betransferred from the University Endowment Fund for other purposes.
(5) Eighty percent of the incomes received from the University EndowmentFund shall be used fo
(1) The University shall establish a General Fund towhich the following amount shall be credited, namely:-
(i) all fees which may be charged by the University;
(ii) all sums received from any other source not prohibited by any lawfor the time being in force:
(iii) all contributions made to the University;
(iv) all contributions or donations made in this behalf by any otherperson or body which are not prohibited by any law for the timebeing in force.
(2) The funds credited to the General Fund shall be applied to meet all therecurring expenditure of the University.
(1) The University shall establish a DevelopmentFund to which the following funds shall be credited, namely:-
(i) all sums received from any other source for the purposes of thedevelopment of the University;
(ii) all contributions made by the University; and
(iii) all contributions or donations made in this behalf by any otherperson or body; which are not prohibited by any law for the timebeing in force;
(iv) all incomes received from the Permanent Statutory EndowmentFund.
(2) The funds credited to the Development Fund from time to time shall beutilized for the development of the University.
The funds established under sections 48, 49,50 and 51 shall subject to general supervision and control of the Board ofGovernors, be regulated and maintained in such manner as may be prescribed.
(1) The Annual Report of the University shall beprepared under the direction of the Board of Management and shall be submittedto the Board of Governors for its approval.
(2) The Board of Governors shall consider the annual report in its meetingand may approve the same with or without modification.
(3) A copy of the annual report duly approved by the Board of Governorsshall be sent to the Visitor and the Government before 31st December followingclose of the financial year in March of each year. A copy of the Annual Report shallbe published on the website of the University not later than 31st December of everyyear.
(1) The annual accounts and balance sheet of theUniversity shall be prepared under the direction of the Board of Management andall funds accruing to or received by the University from all source and all amountdisbursed or Paid shall be entered in the account maintained by the University.
(2) The annual accounts of the University shall be audited by an auditor,who is a member of the Institute of Charted Accountants of India, every year.
(3) A copy of the annual accounts. and the balance sheet together with theaudit report shall be submitted to the Board of Governors before 30th Novemberfollowing close of the financial year in 31st March of each year.
(4) The annual accounts, the balance sheet and the audit report shall beconsidered by the Board of Governors at its meeting and the Board of Governorsshall forward the same to the visitor and the Government along with its observationthereon on or before 31st December of each year.
(5) In the event
A copy of any receipt, application,notice, order, proceeding or resolution of any authority or committee of theUniversity or other documents in possession of the University or any entry in anyregister duly maintained by the University, if certified by the Registrar, shall bereceived as prima facie evidence of such receipt, application, notice, order,proceeding, resolution or document or the existence of entry in the register andshall be admitted as evidence of the matters and transaction therein recordedwhere the original thereof would, if produced, have been admissible in evidence.
The Government may givesuch directions to the University as in its opinion are necessary or expedient forcarrying out the purposes of this Act or to give effect to any of the provisionscontained therein or of any rules or orders made there under and the Board ofGovernor or the Board of management, as the case may be, of the University shallcomply with every such direction.
(1) Whoever contravenes the provisions of this Act or therules made thereunder or any examination matters or in matters relating to awardof degrees or in giving marks cards shall on conviction be punishable with fine ofnot less than rupees fifty thousand which may extend to ten lakhs rupees or withan imprisonment for a term of not less than six months which may extend to twoyears or with both:
Provided that, where the University is also involved in committing the offencethe permission letter granted under this Act to commence the University shall bewithdrawn.
(2) A penalty under this section may the imposed without prejudice to thepenalty specified in any other Act.
Any officer not below the rank of Group„A‟ officer authorized by the Government in this behalf, shall, subject to suchconditions as may be specified therein under the Karnataka EducationalInstitutions (Prohibition of Capitation Fee) Act, 1984 (Karnataka Act 37 of 1984)shall be deemed to be the Officer authorized to exercise the same powers anddischarge the-same functions as provided under section 9 of that Act for thepurposes of this Act.
(1) If theUniversity proposes dissolution in accordance with the law governing itsconstitution or incorporation, it shall give at least six months prior notice in writingto the Government.
(2) The Karnataka State the Higher Education Council shall conductperiodical Inspection of University regarding,-
(i) standard of Instructions for grant of degree;
(ii) quality of Education;
(iii) avoidance of commercialization of Higher Education; and
(iv) contravention of the provisions of the Act, if any;
- and send report to the Government within ten days from the conduct of thisinspection. The Inspection Report shall also be published on the website of theKarnataka State Higher Education Council.
(3) On identification of mismanagement, maladministration andindiscipline, the Government shall issue directions to the management of theUniversity to set right the administration. If the direction is not followed withinsuch time as may be
(1) Theexpenditure of administration of the University during taking over period of itsmanagement under sub-section (5) of section 61 shall be met out of thePermanent Statutory Endowment Fund, the General Fund or the DevelopmentFund in such manner as may be prescribed.
(2) If the fund referred to in sections 48, 49, 50 and 51 are not sufficient tomeet the expenditure of the University during the taking over period of itsmanagement, such expenditure may be met by disposing of the properties or assetsof the University, by the Government.
(3) Where the dissolution of the University is due to mismanagement ormaladministration, the Government is at liberty to identify the persons responsiblefor such mismanagement or maladministration and to impose penalty as it deemsfit. The right to appoint an Administrator or winding up of the University or takingany other course of action thereof shall vest with the Government.
(1) Notwithstanding anything contained in any Law for the time being inforce in the State where based on inspection report of Higher Education Council itis found that the university is violating the,-
(a) standard of instructions for grant of degree;
(b) quality of education;
(c) avoidance of commercialization of Higher Education; or
(d) the provisions of the Act in which it is established.
the Government is of opinion that, inspite of the directions by the Government, theuniversity has not complied with it and has continued to mismanage,maladminister and to practice indiscipline, then before directing for winding up ofthe management of the University, shall either in the public interest or in order tosecure the proper management of any University be taken over, it may, after givingone month's notice to the Chancellor or Sponsoring Body in charge of themanagement of the University to make any representation, direct by notification,that
(1) After theexpiry of the period specified in sub-section (1) of section 61, the management ofthe University shall vest in accordance with the order, if any, of any court and ifthere be no such order, vest in the Governing Council or managing committee orsponsoring body (by whatever name called) of the University or such other body orperson, as the case may be, entitled thereto.
(2) If at any time before the expiry of the period referred to in sub-section (1)of section 61, it appears to the Government that the purpose of vesting of themanagement of the University in the Government has been fulfilled or that for anyother reason it is not necessary that the management of the University shall remainvested in the Government, it may, by order published in the official Gazette,relinquish the management of the University with effect from such date as may bespecified in the order.
(3) On and from the date specified under sub- section (1) the management ofthe Unive
Any person who obstructs an officer of the Government in theexercise of any power conferred on him or in the performance of any functionentrusted to him by or under this Act or any other person lawfully assisting suchofficer in the exercise of such power or in the performance of such function or whofails to comply with any lawful direction made by such officer or person shall bepunished with fine which may extend to one lakh rupees.
Whoever instigates or abets thecommission of any offence punishable under this Act shall, on conviction, bepunished with the punishment provided for the offence.
(1) Where an offence against any of theprovisions of this Act or any rule made thereunder has been committed by acompany, every person who at the time of the offence was committed, was incharge of and was responsible to the company for the conduct of business of thecompany, as well as the company, shall be deemed to be guilty of the offence andshall be liable to be proceeded against and punished accordingly:
Provided that, nothing contained in this sub-section shall render any suchperson liable to any punishment if he proves that the offence was committedwithout his knowledge or that he has exercised all due diligence to prevent thecommission of the such offence.
(2) Notwithstanding anything contained in sub-section (1), where any suchoffence has been committed by a company and it is proved that the offence hasbeen committed with the consent or connivance of or is attributable to any neglecton the part of any director, manager, secretary or other officer of
(1) If any difficulty arises in giving effect tothe provisions of this Act, the Government may, by a notification or by order, makesuch provisions, which are not inconsistent with the provisions of this Act, asappear to it to be necessary or expedient, for removing the difficulty:
Provided that, no notification or order under this section shall be made afterthe expiry of a period of five years from the date of commencement of this Act.
(2) Every Order made under sub- section (1), shall, as soon as may be after it ismade, be laid before the State Legislature.
(1) The StateGovernment may make rules by notification, to carry out the purposes of this Act.
(2) Every rule made under this Act shall be laid as soon, as may be after it ismade before each House of the State Legislature while it is in session for a totalperiod of thirty, days which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediately followingthe session or the successive sessions aforesaid, both Houses agree in making anymodification in the rule or both Houses agree that the rule should not be made,the rule shall thereafter have effect only in such modified form or be of no effect, asthe case may be, so however, that any such modification or annulment shall bewithout prejudice to the validity of anything previously done under that rule.
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