State Act
KANNADA UNIVERSITY ACT, 1991.
1. Short title and Commencement.- (1) This Act may be called the Kannada University Act, 1991. (2) It shall come into force on such 1[date]1 as the State Government may, by notification, appoint.
2. Definitions.-In this Act, unless the context otherwise requires,- (a) "appointed date" means the date of commencement of this Act; (b) "Government" means the State Government; (c) "hostel" means a unit of residence for the students of the University maintained or recognised by the University in accordance with the provisions of this Act and includes a hostel recognised as such by the University under this Act; (d) "prescribed" means prescribed by this Act and the statutes; (e) "statutes" means the statutes of the University made under this Act; (f) "teachers" means professors, emeritus professors, readers, lecturers and other like persons as may be declared by the statutes to be teachers; (g) "University" means the Kannada University established under section 3; (h) "University Grants Commission" means the Commission established under section 4 of the University Grants Commission Act, 1956 (Central Act 3 of 1956); (i) "University library" means a library maintained by the University, whether instituted by it or not.
3. Establishment of the University.- (1) For furthering the advancement of learning and prosecution of research in Kannada there shall be established a University by the name "The Kannada University". (2) The University shall be a body corporate and shall have perpetual succession and a common seal and shall sue and be sued by the said name. (3) The University shall be of the unitary and residential type. (4) No institution affiliated to, or associated with, or maintained by any other University in the State shall be recognised by the University for any purpose, except with the prior approval of the Government and the concerned University. (5) The headquarters of the University shall be located within the limits of the Kamalapur Municipality or in any place within a radius of ten kilometers around those limits.
4. The objects of the University.-The University shall have the following objects, namely:- (1) to function as a high-level research centre in Kannada language and literature; (2) to impart training to those residing within and beyond India who desire to study Kannada language and literature; (3) to facilitate and regulate advanced study and research in fields like Art, Culture, Music, Stage-plays, Painting, Sculpture, Folk Arts, Archaeology, Architecture, Literature, Grammar, Linguistics, History, Religion, Philosophy, Geography, Soil Sciences, Astronomy, Navigation and Shipping, Astrology, Siddha Medicine, Engineering Science and Handicrafts that have developed on the basis of the Kannada language and literature; (4) to translate books in other languages into Kannada according to the needs in consonance with the objectives of the University, and also to translate books in Kannada into other languages; (5) to preserve and publish palm leaf manuscripts and rare ancient books; (6) to search for and compile epigraphs relating to Kannada language and literature, Kannada Culture and History of the Kannadigas and publish them with its findings based on research; (7) to compile and publish Kannada words, expressions, colloquial terms, words peculiar to industries and agriculture, which are used by the Kannadigas in Karnataka and in other countries where the Kannadigas live; (8) to provide for research in Kannada language and literature in the ancient times with an eye on future scientific developments; (9) to provide for research and determine the procedure regarding development of Kannada language and literature embodying in itself all the educational fields existing in the developing world and evolving suitable approach therefor; (10) to institute studies in Kannada language and literature in relation to other Indian culture; (11) to organise advanced studies and research programme based in a deep understanding of the trends in Kannada language and literature; (12) to promote archaeology in all its varied aspects with a view to resurrecting and re-discovering the ancient Kannada culture; (13) to document the monuments in the State so as to facilitate future research; (14) to project Kannada culture, expressed through art, architecture, sculptures, paintings, iconography, epigraphy, theatre, dance, music, tribal-art, religion, philosophy of life, social movement; etc; (15) to document, analyse and preserve traditional, tribal folk- art forms and performing arts; (16) to develop Kannada as a medium of instruction in relation to modern advances in sciences and technology; (17) to foster comparative studies of Kannada with other dravidian and aryan languages; (18) to build a museum that would store classic objects and artefacts of Karnataka.
5. Powers of the University.- The University shall have the following powers, namely:- (1) to institute degrees, diploma and other academic distinctions, irrespective of their religion, race, creed, caste, sex or class or any of them; (2) to confer degrees, diploma and other academic distinctions on persons who shall have carried out research in the University or in any other institution or centre recognised by the University under conditions prescribed; Explanation.- For the purpose of this clause and other provisions of this Act, institution or centre recognised by the University shall mean an institution or a centre situated in India or in other countries, recognised by the University for the purpose of furthering the objects of the University; (3) to confer honorary degrees or other academic distinctions in the prescribed manner and under conditions prescribed; (4) to supervise and control hostels and to regulate and enforce discipline among the students of the University and to make arrangements for promoting their health and general welfare; (5) to prescribe conditions under which the award of any degree, diploma and other academic distinctions to persons may be withheld; (6) to co-operate with any other university, authority or association or any other public or private body having in view the promotion of purposes and objects similar to those of the University for such purposes as may be agreed upon, on such terms and conditions, as may, from time to time, be prescribed; (7) to establish and maintain University libraries, research stations, museums for research and publication bureau; (8) to institute research posts and to appoint persons to such posts; (9) to institute and award fellowships, including travelling fellowships, scholarships, medals and prizes in the manner prescribed; (10) to establish, maintain or recognise hostels for students of the University and residential accommodation for the staff of University and to withdraw any such recognitions; (11) to fix fees and to demand and receive such fees as may be prescribed; (12) to hold and manage endowments and other properties and funds of the University; (13) to borrow money with the approval of the Government on the security of the property of the University for the purpose of the University. (14) to enter into agreement with other bodies or persons for the purpose of promoting the objectives of the University including the assuming of the management of any institution under them and the taking over of the rights and liabilities.
6. Admission to the University.- (1) The University shall subject to the provisions of this Act and the statutes, be open to all persons. (2) Nothing contained in sub-section (1) shall require the University,- (a) to admit to any course of study any person who does not possess the prescribed academic qualification or standard; (b) to retain on the rolls of the University any student whose academic record is below the minimum standard required for the award of a degree, diploma or other academic distinction; or (c) to admit any person or retain any student whose conduct is prejudicial to the interests of the University or the rights and privileges of other students and teachers.
7. Disqualification of membership.- (1) A person shall be disqualified for election or nomination as a member of any of the authorities of the University, if on the date of such election or nomination, he is,- (a) of unsound mind, deaf, mute or suffering from leprosy; or (b) an applicant to be adjudicated as an insolvent or an undischarged insolvent; or (c) sentenced by a criminal court to imprisonment for any offence involving moral turpitude. (2) In case of dispute or doubt, the Executive Council shall determine whether a person is disqualified or not under sub-section (1) and its decision shall be final.
8. Disqualification for nomination to Governing Council and Executive Council in certain cases.- (1) Notwithstanding anything contained in section 19 or 22, no person who has held office as a member for a total period of six years in any one or both of the following authorities, namely:- (a) the Governing Council; and (b) the Executive Council shall be eligible for nomination to any of the said two authorities. Explanation.- For the purpose of computing the total period of six years referred to in this sub-section, the period of three years during which a person held office in one authority by nomination and the period of three years during which he held office in another authority by nomination shall be taken into account, and accordingly such person shall not be eligible for nomination to any one of the said two authorities: Provided that for the purposes of this sub-section, a person who has held office in any one of the said two authorities in a casual vacancy, shall be deemed to have held office for a period of three years in that authority: Provided further that for the purposes of this sub-section if a person is nominated to one authority and such person becomes a member of another authority by virture of the membership in the first mentioned authority, the period for which he has held office in first mentioned authority alone shall be taken into account. (2) Nothing in sub-section (1) shall have application in respect of,- (a) members referred to in sub-section (1), of section 19 not including members of the Executive Council who are not otherwise members of the Governing Council referred to in item (g); and (b) members referred to in clauses (a) to (d) of sub-section (1) of section 22.
9. Inspection.- (1) The Chancellor shall have the right to cause an inspection or inquiry to be made, by such person or persons as he may direct, of the University, its buildings, University libraries, museums and equipments, and of any institutions maintained or recognised by the University and also of the research, teaching and other work conducted or done by the University, and to cause an inquiry to be made in respect of any matter connected with the University. The Chancellor shall in every case give notice to the University of his intention to cause such inspection or inquiry to be made and the University shall be entitled to be represented thereat. (2) The Chancellor shall communicate to the Executive Council his views with reference to the results of such inspection or inquiry and may after ascertaining the opinion of the Executive Council thereon advice the University upon the action to be taken and fix a time limit for taking such action. (3) The Executive Council shall report to the Chancellor the action, if any, which is proposed to be taken or has been taken upon the results of such inspection or inquiry. Such report shall be submitted within such time as the Chancellor may direct. (4) Where the Executive Council does not take action to the satisfaction of the Chancellor within the time limit as may be fixed under sub-section (2), the Chancellor may, after considering any explanation furnished or representation made by the Executive Council issue, such directions as he may think fit and the Executive Council shall comply with such directions. In the event of the Executive Council not complying with such directions within such time as may be fixed in that behalf by the Chancellor, the Chancellor shall have power to appoint any person or body to comply with such directions and make such orders as may be necessary for the expenses thereof.
10. Officers of the University.- The University shall consist of the following officers, namely:- (1) The Chancellor, (2) The Pro-Chancellor, (3) The Vice-Chancellor, (4) The Dean of Faculties, (5) The Registrar, (6) The Finance Officer, and (7) Such other persons as may be declared by the statutes to be officers of the University.
11. The Chancellor.- (1) 1[The Governor of Karnataka]1 shall be Chancellor of the University. He shall by virture of his office be the head of the University and shall when present, preside at any convocation of the University and confer degrees, diploma or other academic distinctions upon persons entitled to receive them. (2) Where power is conferred upon the Chancellor to nominate persons to the authorities, the Chancellor shall to the extent necessary, nominate persons to represent interests not otherwise adequately represented. (3) The Chancellor may on his own motion or on application call for and examine the record of any officer or authority of the University in respect of any proceedings to satisfy himself as to the regularity of such proceedings or the correctness, legality or propriety of any decision taken or order passed therein; and, if, in any case it appears to the Chancellor that any such decision or orders should be modified, annulled, revised or remitted for reconsideration, he may pass orders accordingly: Provided that every application to the Chancellor for the exercise of the powers under this section shall be preferred within three months from the date on which the proceedings, decision or order to which the application relates was communicated to the applicant; Provided further that no order prejudicial to any person shall be passed unless such person has been given an opportunity of making his representation. (4) The Chancellor shall exercise such other powers and perform such other duties as may be conferred on him by or under this Act.
12. The Pro-Chancellor.- (1) The Minister incharge of the Higher Education in the State of Karnataka shall be the Pro-Chancellor of the University. (2) The Pro-Chancellor shall exercise such powers and perform such duties as may be conferred on him by or under this Act.
13. The Vice-Chancellor.- 1[(1) Appointment of the Vice-Chancellor shall be made by the Chancellor on the recommendation of the Government under sub-section (2).]1 1[(2) The Government shall, for the purpose of sub-section (1), constitute a Search Committee, consisting of three persons of whom, one shall be nominated by the Executive Committee. One shall be nominated by the University Grants Commission and one shall be nominated by the Government. The Search Committee shall submit to the Government a panel consisting of names of three persons in alphabetical order. Such panel shall not contain the name of any member of the said Committee. The Government shall recommend to the Chancellor, the name of one of the three persons in the said panel for being appointed as the Vice Chancellor. The Government may, if necessary obtain a new panel from the Search Committee. Accordingly, upon such requisition by the Government the Search Committee shall submit to the Government a new panel of names of three persons:]1 Provided that,- (a) the person so nominated shall not be a member of any of the authorities of the University; (b) the person so nominated by the Chancellor shall convene the meetings of the committee; (3) The Vice-Chancellor shall hold office for a period of three years and shall be eligible for re-appointment for a further period of three years: Provided that no person shall hold office of the Vice-Chancellor for more than six years in the aggregate: Provided further that,- (a) the Chancellor may direct that a Vice-Chancellor whose term of office has expired, shall continue in office for such period, not exceeding a total period of one year, as may be specified in the direction; (b) The Vice-Chancellor may, by writing under his hand addressed to the Chancellor and after giving two months notice, resign his office: Provided also that a person appointed as Vice-Chancellor shall retire from office, if, during the term of his office or any extension thereof, he completes the age of sixty five years. (4) When any temporary vacancy occurs in the office of the Vice-Chancellor or when the Vice-Chancellor is by reason of absence or for any other reason, unable to exercise the powers and perform the duties of his office, the senior most Professor of the University shall exercise the powers and perform the duties of the Vice-Chancellor till the Executive Council with the approval of the Chancellor makes the requisite arrangements for exercising the powers and performing the duties of the Vice-Chancellor. (5) The emoluments and other terms and conditions of service of the Vice-Chancellor may be such as determined by the Chancellor.
14. Powers and duties of the Vice-Chancellor.- (1) The Vice-Chancellor shall be the academic head and the principal executive officer of the University and shall in the absence of the Chancellor and Pro-Chancellor, preside at any convocation of the University and confer degrees, diploma or other academic distinctions upon persons entitled to receive them. He shall be a member ex-officio and Chairman of the Governing Council, the Executive Council and the Finance Committee and shall be entitled to be present at and to address any meeting of any authority of the University but shall not be entitled to vote thereat unless he is a member of the authority concerned. (2) It shall be the duty of the Vice-Chancellor to ensure that the provision of this Act and the statutes are observed and carried out and he may exercise all powers necessary for this purpose. (3) The Vice-Chancellor shall have power to convene meetings of the Governing Council, the Executive Council and the Finance Committee. (4) (a) The Vice-Chancellor shall have power to take action on any matter and shall by order take such action as he may deem necessary but shall, as soon as may be thereafter report the action taken to the officer or authority or body who or which would have ordinarily dealt with the matter: Provided that no such order shall be passed unless the person likely to be affected, has been given a reasonable opportunity of being heard; (b) When action taken by the Vice-Chancellor under this sub-section affects any person in the service of the University, such person shall be entitled to prefer an appeal to the Executive Council within thirty days from the date on which he has notice of such action. The Vice-Chancellor shall give effect to the order passed by the Executive Council on such appeal. (5) The Vice-Chancellor shall give effect to the orders of the Executive Council regarding the appointment, suspension and dismissal of the teachers and other employees of the University. (6) The Vice-Chancellor shall exercise control over the affairs of the University and shall be responsible for the due maintenance of discipline in the University. (7) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed.
15. The Registrar.- (1) The Registrar shall be a wholetime salaried officer of the University appointed by the Executive Council for such period as may be specified by the Executive Council and the terms and conditions of service of the Registrar shall be such as are specified in the first statutes. (2) The Registrar shall exercise such powers and perform such duties as may be prescribed. (3) In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar and all processes in such suits and proceedings shall be issued to, and served on, the Registrar.
16. The Finance Officer.-The Finance Officer shall be a wholetime salaried officer of the University appointed by the Government for such period as may be specified by the Government in this behalf and the terms and conditions of service of the Finance Officer shall be such as are specified in the first statutes,
17. Authorities of the University.-The Authorities of the University shall be the Governing Council, the Executive Council, the faculties, and the Finance Committee, the Boards of studies and such other authorities as may be declared by the statutes to be authorities of the University.
18. Vice-Chancellor and other officers, etc., to be public servants.- The Vice-chancellor, the Registrar, the Finance Officer and other employees of the University shall be deemed when acting or purporting to act in pursuance of any of the provisions of this Act to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).
19. The Governing Council.- The Governing Council shall consist of the following persons namely:- (a) The Pro-Chancellor; (b) The Vice-Chancellor; (c) The Secretary to Government incharge of University Education; (d) The Secretary to Government incharge of Finance Department; (e) The Secretary to Government incharge of Kannada and Culture; (f) Chairman, University Grants Commission or his nominee; (g) Director General, Archaeology, Government of India; (h) Chairman, Central Sahitya Academy; (i) Chairman, Central Sangeetha Nataka Academy; (j) President, Kannada Sahitya Parishad; (k) President, Kannada Sahitya Academy; (l) President, Karnataka Lalita Kala Academy; (m) eight members nominated by the Government of whom one shall belong to Scheduled Caste, one shall belong to Scheduled Tribe, one shall be woman, one shall belong to minorities based on religion and one shall belong to Backward Classes specified by the Government; (n) one member each of the Karnataka Legislative Assembly and Karnataka Legislative Council elected respectively from amongst themselves. (2) Save as otherwise provided, nominated members of the Governing Council shall hold office for a period of three years and such members shall be eligible for nomination for not more than another period of three years: Provided that where a member is nominated to the Governing Council to a casual vacancy, the period of office held by such member shall be construed as a full period of three years for the purpose of this sub-section: Provided further that where a nominated member of the Governing Council is appointed temporarily to any of the offices by virtue of which he is entitled to be a member of the Governing Council, ex-officio, he shall by notice in writing signed by him and communicated to the Vice-Chancellor within seven days of his taking charge of his appointment choose whether he will continue to be a member of the Governing Council by virtue of his nomination or whether he will vacate office as such member and become a member ex-officio by virtue of his appointment and the choice shall be conclusive. On failure to make such choice he shall be deemed to have vacated his office as a nominated member. (3) When a person ceases to be member of the Governing Council, he shall cease to be member of any authority of the University of which he happens to be a member by virtue of his membership to the Governing Council. (4) The member of the Governing Council shall not be entitled to receive any remuneration from the University except such daily and travelling allowances as have been permitted: Provided that nothing contained in this sub-section shall preclude any member from drawing his normal emoluments to which he is entitled by virtue of the office he holds. (5) A member of the Governing Council other than an ex-officio member may tender resignation of his membership at any time before the term of his office expires. Such resignation shall be conveyed to the Chancellor by a letter in writing by the member and resignation shall take effect from the date of its acceptance by the Chancellor.
Governing Council to review the academic policies and programmes and functioning of the University.
20. Governing Council to review the academic policies and programmes and functioning of the University.- Subject to the other provisions of this Act, Governing Council shall have the following powers and functions, namely:- (a) to review from time to time the academic policies and programmes and functioning of the University and to suggest measures for the improvement of the University; (b) to advice the Chancellor in respect of any matter which may be referred to it for advice; and (c) to exercise such other powers and perform such other functions as may be prescribed by the statutes.
21. Meeting of the Governing Council.- (1) The Governing Council shall meet atleast thrice in every year on dates to be fixed by the Chancellor. One of such meetings shall be called the annual meeting. The Governing Council may also meet at such other times as it may, from time to time determine. (2) One-third of the total strength of the members of the Governing Council shall be the quorum required for a meeting of the Governing Council: Provided that such quorum shall not be required at a convocation of the University or a meeting of the Governing Council held for the purpose of conferring degrees, diplomas or other academic distinctions. (3) The Chancellor may whenever he thinks fit, and shall upon a requisition in writing signed by not less than fifty percent of the total members of the Governing Council convene a special meeting of the Governing council.
22. The Executive Council.- (1) The Chancellor shall as soon as may be after the first Vice-Chancellor appointed under section 44 constitute Executive Council. (2) The Executive Council shall in addition to the Vice-Chancellor, consist of the following members namely:- (a) The Secretary to Government incharge of Education; (b) The Secretary to Government incharge of Finance; (c) The Secretary to Government incharge of Kannada and Culture; (d) The Director of Kannada and Culture; (e) Director of Archaeology; (f) The deans of faculties; (g) Eight persons nominated by the Government who are known for their outstanding contribution in the field of Kannada Literature, History, Culture of Karnataka, Drama, Architecture, Archaeology, Sculpture, Painting, Folklore, Religion, Philosophy, Social Movements and other allied areas in which Kannada University is pursuing studies. One member shall belong to Scheduled Caste, one shall belong to Scheduled Tribe, one shall be a woman, one shall belong to minorities based on religion and one shall belong to Backward Classes specified by the Government; (3) The Vice-Chancellor shall be the ex-officio Chairman of the Executive Council; (4) In case, the Secretary to Government incharge of Education or the Secretary to Government incharge of Finance or the Secretary to Government incharge of Kannada and Culture is unable to attend the meetings of the Executive Council for any reason, he may depute any officer of his department not less in rank than that of a Deputy Secretary to Government to attend the meetings; (5) Save as otherwise provided, nominated members of Executive Council shall hold office for a period of three years and such members shall be eligible for nomination for not more than another period of three years: Provided that where a member is nominated to the Executive Council to a casual vacancy, the period of office held by any such member shall be construed as a full period of three years for the purpose of this sub-section: Provided further that, where a nominated member of the Executive Council is appointed temporarily to any of the offices by virtue of which he is entitled to be a member of the Executive Council ex-officio he shall by notice in writing signed by him and communicated to the Vice-Chancellor within seven days from the date of his taking charge of his appointment choose whether he will continue to be member of the Executive Council by virtue of his nomination or he will vacate office as such other member and become a member ex-officio by virtue of his appointment, and the choice shall be conclusive. On failure to make such a choice he shall be deemed to have vacated his office as a nominated member. (6) When a person ceases to be a member of the Executive Council, he shall cease to be member of any of the authorities of the University of which he may happen to be a member by virtue of his membership to the Executive Council. (7) The members of the Executive Council shall not be entitled to receive any remuneration from the University except such daily and travelling allowances as may be prescribed: Provided that nothing contained in this sub-section shall preclude any member from drawing his normal emoluments to which he is entitled by virtue of the office he holds. (8) A member of the Executive Council, other than ex-officio member, may tender resignation of his membership at any time before the term of his office expires. Such resignation shall be conveyed to the Chancellor by a letter in writing by the member and the resignation shall take effect from the date of its acceptance by the Chancellor.
23. Powers of the Executive Council.- The Executive Council shall have the following powers, namely:- (1) to make statutes and amend or repeal the statutes except the first statutes; (2) to co-operate with other universities, other academic authorities and colleges in such manner and for such purposes as it may determine; (3) to provide for research and advancement and dissemination of knowledge in Kannada language and literature; (4) to institute lectureships, readerships, professorships and any other teaching or research posts required by the University; (5) to institute degrees, diploma and other academic distinctions; (6) to confer degrees, diploma and other academic distinctions on persons who shall have carried on research under conditions prescribed; (7) to confer honorary degrees or other distinctions on the recommendation of not less than two-thirds of the members of the Executive Council; (8) to establish and maintain halls and hostels; (9) to institute fellowships, travelling fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes and to award the same in accordance with the statutes; (10) to consider and take such action as it may deem fit on the annual report, the annual accounts and the financial estimates; (11) to institute a publication bureau and to maintain it; (12) to enter into any agreement with the Central or any State Government or with a private management for assuming the management of any institution and for taking over its properties and liabilities or for any other purposes not repugnant to the provisions of this Act; (13) to make statutes for regulating the method of election to the authorities of the University and the procedure at the meeting of the Governing Council, Executive Council and other authorities of the University and the quorum of members required for the transaction of business by the authorities of the University other than the Governing Council; (14) to hold, control and administer the properties and funds of the University; (15) to direct the form, custody and use of the common seal of the University; (16) to regulate and determine all matters concerning the University in accordance with this Act and the statutes; (17) to administer all properties and all funds placed at the disposal of the University for specific purposes; (18) (a) to appoint the University Lecturers, University Readers, University Professors, University Researchers and the teachers of the University, fix their emoluments; if any, define their duties and the conditions of their services and provide for filling up of temporary vacancies; (b) to make statute specifying the mode of appointment of administrative and other similar posts and fix their emoluments, if any, define their duties and the conditions of their services and provide for filling up of temporary vacancies; (19) to suspend and dismiss the University Lecturers, University Readers, University Professors, University Researchers and the teachers and other employees of the University; (20) to accept, on behalf of the University endowments, bequests, donations, grants and transfers of any movable and immovable properties made to it: Provided that all such endowments, bequests, donations, grants and transfers shall be reported to the Governing Council at its next meeting; (21) (a) to raise, on behalf of the University, loans from the Central or any State Government or the University Grants Commission or the public or any corporation owned or controlled by the Central or any State Government; (b) to borrow money with the approval of the Government on the security of the property of the University for the purpose of the University; (22) to recognise hostels not maintained by the Government and to suspend or withdraw recognition of any of the hostels which is not conducted in accordance with the statutes and the conditions imposed thereunder; (23) to arrange for and direct the inspection of hostels; (24) to prescribe the qualification of the teachers; (25) to charge and collect such fees as may be prescribed; (26) to regulate the admission of the students to the University in accordance with statues; (27) to appoint members to the Boards of Studies; (28) (a) to appoint referees and examiners after consideration of the recommendations of the Boards as per procedures laid down in the statutes; (b) to fix their remuneration; (29) to supervise and control the residence and discipline of the University and make arrangements for ensuring their health and well-being; (30) to institute and manage libraries, museums, institutions of research and other institutions established or maintained by the University; (31) to manage hostels instituted by the University; (32) to manage any publication Bureau instituted by the University; (33) to promote research within the University and to obtain reports from time to time of such research; (34) to exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act or the statutes; (35) to delegate any of its powers to the Vice-Chancellor or to a committee from among its own members in accordance with the statutes.
24. Meeting of the Executive Council.- (1) The Executive Council shall meet at such time and places and shall, subject to the provisions of sub-sections (2) and (3) observe such rules of procedure in regard to transaction of business at its meeting including the quorum at meeting, as may be prescribed: Provided that the Executive Council shall meet at least once in every three months. (2) The Vice-Chancellor or in his absence any member chosen by the members present, shall preside at a meeting of the Executive Council. (3) All questions at any meeting of the Executive Council shall be decided by a majority of the votes of the members present and voting and in the case of an equality of votes, the Vice-Chancellor or the member, presiding, as the case may be, shall have and exercise a second or casting vote. (4) (a) The Executive Council may, for the purpose of consultation, invite any person having special knowledge of practical experience in any subject under consideration attend to any meeting. Such person may speak in and otherwise take part in the proceedings of this meeting but shall not be entitled to vote. (b) The person so invited shall be entitled to such daily and travelling allowances as are admissible to a member of the Executive Council.
25. Annual Report.- The Annual Report of the University shall be prepared by the Executive Council and shall be submitted to the Governing Council on or before such date as may be prescribed by the statutes and shall be considered by the Governing Council at its next annual meeting. The Governing Council may pass resolutions thereon and communicate the same to the Executive Council, which shall take action in accordance therewith. The Executive Council shall inform the Governing Council of the action taken by it. A copy of the report with a copy of the resolution thereon, if any, of the Governing Council shall be submitted to the Chancellor and to the Government for information.
26. Annual Accounts.- (1) The annual accounts of the University shall be submitted to such examination and audit as the Government may direct. (2) The University shall settle objections raised in such audit and carry out such instructions as may be issued by the Government on the audit report. (3) The accounts when audited shall be published by the Executive Council in such manner as may be prescribed by the statutes and copies thereof shall be submitted to the Governing Council at its next meeting and to the Chancellor and to the Government within three months of such publication.
27. Constitution and functions of Faculties.- (1) The University shall have the Faculties of Languages, Sciences, Fine-Arts, Social Sciences, and such other Faculties as may be prescribed by the statutes. (2) The constitution and functions of the faculties shall in all other respects, be such as may be prescribed. (3) Each Faculty shall comprise such departments of teaching as are specified in the first statutes.
28. The Boards of Studies.- There shall be Boards of Studies attached to each Department of teaching. The constitution and powers of the Boards of Studies shall be such as may be prescribed by the statutes.
29. Constitution of other authorities.- The constitution of such other bodies as may be declared by the statutes to be authorities of the University shall be provided for in the manner prescribed.
30. Finance Committee.- (1) The Finance Committee shall consist of the following members, namely:- (a) The Vice-Chancellor; (b) The Secretary to Government incharge of Finance; (c) The Secretary to Government incharge of Education; (d) Two members nominated by the Executive Council from amongst its members, of whom one shall be a professor and one shall be a person nominated to the Executive Council by the Chancellor. (2) If for any reason the officer referred to in clause (b) or clause (c) of sub-section (1) is unable to attend any meeting of the Finance Committee, he may depute any officer of his department not lower in rank than that of a Deputy Secretary to Government to attend such meeting. The officer or person deputed shall have the right to take part in the discussions of the committee and shall have the right to vote. (3) The Vice-Chancellor shall be the ex-officio Chairman and the Finance Officer shall be the ex-officio Secretary of the Finance Committee. (4) All members of the Finance Committee other than the ex-officio members shall hold office for a period of three years. (5) The Finance Committee shall meet at least once in three months to examine the accounts and to scrutinise proposals for expenditure. (6) The annual accounts of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Executive Council for approval. (7) The Finance Committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year based on the income and resources of the University which, in the case of productive works may include the proceeds of loans. (8) The Finance Committee shall,- (a) review the financial position of the University from time to time; (b) make recommendations to the Executive Council in every proposal involving investment or expenditure for which no provision has been made in the Annual Financial Estimates or which involves expenditure in excess of the amount provided for in the Annual Financial Estimates; (c) prescribe the methods and procedure and forms for maintaining the accounts of the University; (d) make recommendations to the Executive Council on all matters relating to the finances of the University; and (e) perform such other functions as may be prescribed. (9) The Financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments. The said estimates as modified by the Finance Committee shall be then laid before the Executive Council for consideration. The Executive Council may accept the modification made by the Finance Committee.
31. Statutes.- Subject to the provisions of this Act, the statutes may provide for all or any of the following matters namely:- (1) the holding of convocation to confer degrees; (2) the conferment of Honorary degrees and academic distinctions; (3) the constitution, powers and functions of the authorities of the University; (4) the manner of filling vacancies among members of the authorities of the University; (5) the allowances to be paid to the members of the authorities and committees thereof; (6) the authentication of the orders or decisions of the authorities; (7) the procedure at the meetings of the authorities including the quorum for the transaction of business at such meetings; (8) the formation of departments of research of the University; (9) the terms of office and methods of appointment and conditions of service of the officers of the University other than the Chancellor and the Pro-Chancellor; (10) the qualifications of the teachers and other persons employed by the University; (11) the classifications, the method of appointment and determination of the terms and conditions of service of teachers and other persons employed by the University; (12) the institution of pension, gratuity, insurance or provident fund for the benefit of the officers, teachers and other persons employed by the University; (13) the institution of fellowships, travelling fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes and the conditions of award thereof; (14) the establishment and maintenance of the halls of residence and hostels; (15) the conditions for the residence for students of the University and the halls of residence and the hostels maintained by the University and the levy of fees and other charges for such residence; (16) a delegation of powers vested in the authorities on the officers of the University; (17) admission of students to the University; (18) the conditions of recognition of hostels not maintained by the University; (19) the conditions and mode of appointment and duties of examining bodies and examiners; (20) the conditions of maintenance of the disciplines among the students of the University; (21) the fees to be charged for research; and (22) any other matter which is required to be or may be prescribed by the statutes.
32. Statutes, how made.- (1) The first statutes shall be those as set out in the Schedule. (2) The Executive council may, from time to time make statutes and amend or repeal the statutes except the first statutes, in the manner hereinafter provided in this section. (3) Any member of the Executive Council may propose to the Executive Council the draft of a statute and the Executive Council may, either accept or reject the draft. (4) A statute passed by the Executive Council shall be submitted to the Chancellor who may assent thereto or withhold his assent. A statute passed by the Executive Council shall have no validity until it has been assented to by the Chancellor.
33. General Funds.- The University shall have a General Fund to which shall be credited,- (a) its income from fees, grants, donations and gifts, if any; (b) any contribution of grant made by the Central Government, if any, or any state Government, the University Grants Commission or like authority, any local authority or any corporation owned or controlled by the Government; and (c) endowments and other receipts.
34. Pension, gratuity, etc.- (1) The University shall institute for the benefit of its officers, teachers and other persons employed by the University, such pension, gratuity, insurance and provident fund, as it may deem fit in such manner and subject to such conditions, as may be prescribed. (2) Where the University has instituted a provident fund under sub-section (1), the Government may declare that the provisions of the Provident Funds Act, 1925 (Central Act XIX of 1925) shall apply to such fund as if the University were a local authority and the fund a Government Provident Fund. (3) The University may, in consultation with the Finance Committee, invest the provident fund amount in such manner as it may determine.
35. Conditions of service.- Subject to the provisions of this Act, the appointment, procedure for selection, pay and allowances and other conditions of service of officers, teachers and other persons employed in the University shall be such as may be prescribed. Explanation.- For the purposes of this section, the word 'officers' shall not include the Chancellor and the Pro-Chancellor.
36. Terms and conditions of service of Heads of Departments.- (1) Each Department of the University shall have a Head who shall be a Professor and whose duties and functions and terms and conditions of appointment shall be as may be prescribed: Provided that if there is more than one Professor in any Department, the Head of the Department shall be appointed in the manner prescribed: Provided further that in a Department where there is no Professor, an Associate Professor or an Assistant Professor may be appointed as Head of the Department in the manner prescribed. (2) It shall be open to a Professor or Associate Professor or Assistant Professor to decline the offer of appointment as Head of the Department. (3) A person appointed as Head of the Department shall hold office as such for a period of three years and shall be eligible for reappointment. (4) A Head of the Department may resign his office at any time during his tenure of office. (5) A Head of the Department shall perform such functions as may be prescribed.
37. Terms and conditions of service of Deans of Faculties.- Every Dean of Faculty shall be appointed in such manner and shall exercise such powers and perform such duties as are specified in the first statutes.
38. Filling of casual vacancies.- All casual vacancies among the members, other than ex-officio members of any authority or other body of the University shall be filled as soon as conveniently may be, by the person or body who or which nominated the member whose place has become vacant and the person nominated 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: Provided that no casual vacancy shall be filled if such vacancy occurs within six months before the date of the expiry of the term of the member of any authority or other body of the University.
39. Proceedings of the University authorities and bodies not invalidated by vacancies.- No act or proceeding of any authority or other body of the university shall be invalidated merely by reason of the existence of any vacancy or of any defect or irregularity in the appointment of a member of any authority or other body of the University or of any defect or irregularity in such act or proceeding not affecting the merits of the case or on the ground only that the Governing Council did not meet thrice in any year.
40. Removal from membership of the University.- (1) The Executive Council may remove by an order in writing made in this behalf any person from membership of any authority of the University by a resolution passed by a majority of the total membership of the Executive Council and by a majority of not less than two thirds of the members of the Executive Council present and voting at the meeting, if such person has been convicted by a criminal court for an offence which in the opinion of the Executive Council involves moral turpitude or if he has been guilty of gross misconduct and for the same reason, the Executive Council may withdraw any degree or diploma conferred on or granted to that person by the University. (2) The Executive Council may also by an order in writing made in this behalf, remove any person from membership of any authority of the University if he becomes of unsound mind, deaf, mute or suffers from leprosy or has applied to be adjudicated or has been adjudicated as an insolvent. (3) No action under this section shall be taken against any person unless he has been given a reasonable opportunity to show cause against the action proposed to be taken. (4) A copy of every order passed under sub-section (1) or sub-section (2), as the case may be, shall, as soon as may be, after it is so passed be communicated to the person concerned in the manner prescribed.
41. Disputes as to constitution of University authorities and bodies.- If any question arises whether any person has been duly nominated as or is entitled to be a member of any authority of the University or other body of the University, the question shall be referred to the Chancellor whose decision thereon shall be final.
42. Constitution of committees.- All the authorities of the University shall have power to constitute or reconstitute committees and to delegate to them such of their powers as they deem fit. Such committees shall save as otherwise provided, consist of members of the authority concerned and of such other persons, if any, as the authority in each case may think fit.
43. Power to obtain information.- Notwithstanding anything contained in this Act or any other law for the time being in force, the Government may, by order in writing, call for any information from the University on any matter relating to the affairs of the University and the University shall, if such information is available with it, furnish the Government with such information within a reasonable period: Provided that in the case of information which the University considers confidential, the University may place the same before the Pro-Chancellor.
44. Appointment of first Vice-Chancellor.-Notwithstanding anything contained in sub-section (1) of section 13 within six months from the date on which this Act comes into force, the first Vice-Chancellor shall be appointed 1[by the State Government]1 for a period not exceeding three years and on such other conditions as it thinks fit: Provided that the person appointed as first Vice-Chancellor shall retire from office, if during the term of his office, he completes the age of sixty-five years.
45. Appointment of the first Registrar.-Notwithstanding anything contained in sub-section (1) of section 15, within six months from the date on which this Act comes into force the first Registrar shall be appointed 1[by the State Government]1 on a salary to be fixed by it, for a period not exceeding three years and on such other conditions as it thinks fit: Provided that the person appointed as first Register shall retire from office, if during the term of his office, he completes the age of fifty-eight years.
46. Appointment of the first 2[Finance Officer]2.- Notwithstanding anything contained in section 16, within six months from the date on which this Act comes into force shall be appointed 1[by the State Government]1 on a salary to be fixed for a period not exceeding three years and on such other conditions as it thinks fit.
47. Transitory powers of the first Vice-Chancellor.-It shall be the duty of the first Vice-Chancellor to make arrangements for constituting the Governing Council, Executive Council and such other authorities of the University within six months of the notified date or such longer period not exceeding one year as the Government may, by notification, direct. (2) The first Vice-Chancellor shall in consultation with the Government make such rules as may be necessary for the functioning of the University. (3) The authorities constituted under sub-section (1) shall commence to exercise their functions on such date as the Government may, by notification specify in this behalf. (4) It shall be the duty of the first Vice Chancellor to draft such statutes as may be necessary and submit them to the Executive Council for their approval. Such statutes when framed shall be published in the Karnataka Gazette. (5) Notwithstanding anything contained in this Act and the statutes and until such time an authority is duly constituted, the first Vice-Chancellor may appoint any officer or constitute any committee temporarily to exercise and perform any of the powers and duties of such authority under this Act and the statutes.
48. Special mode of appointment.- (1) The Executive Council may invite a person of high academic distinction and professional attainments to accept a post of a Professor in the University on such terms and conditions as it deems fit, and on the person agreeing to do so, appoint him to the post, subject to the approval by the Chancellor. (2) The Executive Council may appoint a teacher or any other member of the academic staff working in any other University or organisation for undertaking a joint project in accordance with the manner prescribed.
49. Power to amend Schedule.- The Government may, by notification, alter, amend or add any statute to the Schedule and upon the issue of such notification, the Schedule shall be deemed to be amended accordingly.
50. Power to remove difficulties.- (1) If any difficulty arises as to the first constitution or reconstitution of any authority of the University after the notified date or otherwise in giving effect to the provisions of this Act, the Government may by notification, make such provision not inconsistent with the provisions of this Act as may appear to it, to be necessary or expedient for removing the difficulty: Provided that no such notification shall be issued after the expiry of five years from the date of establishment of the University under section 3. (2) Every notification issued under sub-section (1) or under any other provisions of this Act shall be laid, as soon as may be after it is issued, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the said period, either House of the State Legislature makes any modification in any notification or directs that any notification shall not have effect, and if the modification or direction is agreed to by the other House, such notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.