THE KARNATAKA STATE OPEN UNIVERSITY ACT, 1992

1. Short title, extent and commencement.- (1) This Act may be called the Karnataka State Open University Act, 1992. (2) It extends to the whole of the State of Karnataka. (3) It shall come into force on such 1[date]1 as the State Government may by notification in the official Gazette, appoint.

2. Definitions.- In this Act, and the statutes made hereunder, unless the context otherwise requires ,- (a) "Academic Council", means the Academic Council of the University; 1[(aa) "Assessment Year" means the year following the year in which the income of a financial year is assessed or taxed]1 ; (b) "Board of Management" means the Board of Management of the University; (c) "college" means a college or other academic institution established or maintained or admitted to the privileges of the University; (d) "Distance Education System" means the system of imparting education through any means of communication such as broadcasting, telecasting, instruction media or print media, seminars, contact programmes or the combination of any two or more of such means ; (e) ''employee'' means any person appointed by the University and includes academic and administrative staff of the University; (f) ''Finance Committee'' means the Finance Committee of the University; 1[(fa) "Financial Year" means a period of twelve consecutive months commencing on 1st day of April every year; (fb) "Person having a substantial interest in a concern" shall have the same meaning as assigned to this expression in Explanation 3 below sub-section (9) of section 13 of the Income Tax Act, 1961 (hereinafter referred to as the Income Tax Act); (fc) "Previous Year" means the financial year immediately preceding the assessment year;]1 (g) "Regional Centre" means a Centre established or maintained by the University for the purpose of co-ordinating and supervising the work of Study Centres in any region and for performing such other functions as may be conferred on such centre by the Board of Management; (h) "Regulations" means the Regulations made by any authorities of the University under this Act for the time being in force ; (i) "Statutes and Ordinances" means, respectively, the Statutes and Ordinances of the University for the time being in force ; (j) "student" means a student of the University and includes any person who enrolled himself for pursuing any course of study of the University; (k) "Study Centre", means a centre established, maintained or for valuation and for conducting the examination or recognised by the University for the purpose of advising, councelling or for rendering any other assistance required by the students; (l) "teacher" means Professors, Readers, Lecturers and such other persons as may be designated as such by the Ordinance for imparting instruction in the University or for giving guidance or rendering assistance to students for pursuing any course of study of the University; (m) "University" means the Karnataka State Open University established under section 3 of the Act; (n) "Vice-Chancellor" and "Registrar" means respectively, the Vice-Chancellor and the Registrar of the University.

3. Establishment and incorporation of the University .- (1) There shall be established a University by the name of the "the Karnataka State Open University". (2) The head-quarters of the University shall be at such place as may be specified by the Government by notification and it may establish, maintain or recognise colleges, Regional Centres and study centres at such places in Karnataka 1[XXXX]1 (3) The first Chancellor, the first Registrar and the first members of the Board of Management, the Academic Council and all persons who may hereafter become such officers or members, so long as they continue to hold such offices or membership are hereby constituted a body corporate by the name of the Karnataka State Open University. (4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name. (5) The University shall be competent to acquire and hold property, both movable and immovable to lease, sell or otherwise transfer any movable or immovable property which may have become vested in or been acquired by it, for the purposes of the University and to contract and to do all other things necessary for the purposes of this Act. 2[(5A) The establishment of the University shall be a non-profit making institution and the University shall not transfer directly or indirectly of the whole or any part of income or of any movable or immovable property of the University to any person or to give any person any right to assume power directly or indirectly over the whole or any part of the income or of any movable or immovable property of the University.]2 (6) In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by and all processes in such suit and proceedings shall be issued to and be served on the Registrar.

4. The objects of the University .- The objects of the University shall be to advance and disseminate learning and knowledge by a diversity of means, including the use of any communication technology, to provide opportunities for higher education to a larger segment of the population and to promote the educational well being of the community generally, to encourage Open University distance education system in the educational pattern of the State and to co-ordinate and determine the standards in such systems, and the University shall in organising its activities, have due regard to the objects specified in the First Schedule.

5. Powers of the University .- (1) The University shall have the following powers namely :- (i) to provide for admission and for instruction in such branches of knowledge including technology, vocations and professions as the University may determine from time to time and to make provision for research; (ii) to plan and prescribe courses of study for degrees, diplomas, certificates and for research or any other purpose; (iii) to hold examinations and confer degrees, diplomas, certificates or other academic distinctions or recognitions including Ph.D on persons who have pursued a course of study or conducted research in the manner laid down by the statutes and Ordinances ; (iv) to confer honorary degrees or other distinctions in the manner laid down by the Statutes; (v) to determine the manner in which distance education in relation to the academic programmes of the University may be organised; (vi) to institute professorships, readerships, lectureships and other academic positions necessary for imparting instruction or for preparing educational material or for conducting other academic activities, including guidance, designing and delivery of course and evaluation of the work done by the students and to appoint persons to such professorships, readerships, lectureships and other academic positions; (vii) to co-operate with and seek the co-operation of other universities and institutions of higher learning professional bodies and organisations for such purposes as the University considers necessary; (viii) to institute and award fellowships, scholarships, prizes and such other awards for recognition of merit as the University may deem fit ; (ix) to establish and maintain such Regional Centres as may be determined by the University from time to time; (x) to establish, maintain and recognise Study Centres in the manner laid down by the statutes; (xi) to provide for the preparation of instructional materials using multimedia educational kits and other software; (xii) to organise and conduct refresher course, work-shops, seminars and other programmes for teachers, lesson writers, evaluators and other academic staff; (xiii) to organise examinations of or periods of study (whether in full or part) at, other universities, institutions or other places of higher learning as equivalent to examinations or periods of study in the University, and to withdraw such recognition at any time. (xiv) to make provision for research and development in educational technology and related matters; (xv) to create administrative, ministerial and other necessary posts and to make appointments thereto; (xvi) to receive benefactions, donations and gifts and acquire, hold, maintain and dispose of any property, movable or immovable, including trust and Government property, for the purposes of the University; (xvii) to borrow, with the approval of the State Government, whether on the security of the property of the University or otherwise, money for the purposes of the University; (xviii) to enter into, carry out, vary or cancel contracts; (xix) to demand and receive such fees and other charges as may be laid down by the Ordinances; (xx) to provide control and maintain discipline among the students and all categories of employees and to lay down the conditions of service of such employees including their codes of conduct ; (xxi) to recognise any institution of higher learning or studies for such purposes as the University may determine and to withdraw such recognition; (xxii) to appoint, either on contract or otherwise, visiting professors, emeritus professors, consultants, fellows, scholars, artists, course writers and such other persons who may contribute to the advancement of the objects of the University; (xxiii) to recognize persons working in other universities, institutions or organisations as teachers of the University on such terms and conditions as may be laid down by the ordinances; (xxiv) to determine standards and to specify conditions of the admission of students to courses of study of the University which may include examination, evaluation and any other method of testing; (xxv) to make arrangements for the promotion of the general health and welfare of the employees; (xxvi) to confer autonomous status on a college or a Regional Centre in the manner laid down by the statutes; (xxvii) to admit to its privileges any college in Karnataka subject to such conditions as may be laid down by the statues; (xxviii) to do all such acts as may be necessary or incidental to the exercise of all or any of the powers of the University as are necessary and conducive to the promotion of all or any of the objects of the University. (2) Notwithstanding anything contained in any other law for the time being in force, but without prejudice to the provisions of sub-section (1), it shall be the duty of the University to take all such steps as it may benefit for the promotion of open university and distance education systems and for the determination of standards of teaching, evaluation and research in such systems and for the purpose of performing this function the University shall have such powers, including the power to allocate and disburse grants to colleges, whether admitted to its privileges or not or to any other University or Institution of higher learning, as may be specified by the Statutes; 1[(3) No part of the income of the University shall enure directly or indirectly for the benefit of any Officer or Authority of the University or any other person who has made a substantial contribution to it or of any relative of such Officer or Authority or person or of any concern in which such Officer or Authority or person or any relative of such Officer or Authority or person has a substantial interest.]1

6. University open to all classes, castes and creeds .- (1) The University shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any other office therein or admitted as a student in the university or to graduate thereat or to enjoy or exercise any privilege thereof. (2) Nothing in sub-section (1) shall be deemed to prevent the University from making any special provision for the appointment or admission of women or of person belonging to the weaker section of the society and in particular of persons belonging to the Scheduled Castes or Scheduled Tribes.

7. The officers of the University .- The following shall be the officers of the University:- 1) The Chancellor; 2) The Pro-Chancellor; 3) The Vice-Chancellor; 4) The Registrar; 5) The Dean (Academic); 6) The Registrar (Evaluation); 7) The Finance Officer; 8) The Director, Multi-media course material centre; 9) The Director (Computer); 10) Such other officers as may be declared by the Statutes to be the officers of the University;

8. The Chancellor.- (1) The Governor of Karnataka shall be the Chancellor of the University. (2) Subject to the provisions of sub-sections (3) and (4), the Chancellor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, laboratories and equipments, and of any college, Regional Centre, a Study Centre and also of the examination, instruction and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration and finance of the University. (3) The Chancellor shall, in every case, give notice to the University of his intention to cause an inspection or inquiry to be made and the University shall, on receipt of such notice, have the right to make, within thirty days from the date of receipt of the notice or such other period as the Chancellor may determine, representations to him as it may consider necessary. (4) After considering the representations, if any, made by the University, the Chancellor may cause to be made such inspection or inquiry as is referred to in sub-section (2). (5) Where an inspection or inquiry has been caused to be made by the Chancellor the University shall be entitled to appoint a representative who shall have the right to appear in person and to be heard on such inspection or inquiry. (6) The Chancellor may address the Vice-Chancellor with reference to the results of inspection or inquiry together with such views and advice with regard to the action to be taken thereon as the Chancellor may be pleased to offer and receipt of the address made by the Chancellor, the Vice-Chancellor shall communicate forthwith to the Board of Management the results of the inspection or inquiry and the views of the Chancellor and the advice rendered by him upon the action to be taken thereon. (7) The Board of Management shall communicate through the Vice-Chancellor to the Chancellor such action, if any, as it proposes to take or has been taken by it upon the results of such inspection or inquiry. (8) Where the Board of Management does not within a reasonable time, take action to the satisfaction of the Chancellor, the Chancellor may, after considering any explanation furnished or representation made by the Board of Management, issue such directions as he may think fit and the Board of Management shall be bound to comply with such directions. (9) Without prejudice to the foregoing provisions of this section, the Chancellor may, by an order in writing annul any proceedings of the University which is not in conformity with this Act, the statues or the Ordinances: Provided that before making any such order, he shall call upon the University to show cause why such an order should not be made and, if any cause is shown within a reasonable time, he shall consider the same. (10) The Chancellor shall have such other powers as may be specified by the statutes.

9. The Pro-Chancellor.- (1) The Minister-in-charge of Higher Education in Karnataka shall, by virtue of his office be the Pro-Chancellor of the University. (2) He shall have such powers and functions as may be prescribed by statutes.

10. The Vice-Chancellor .- (1) The Vice-Chancellor shall be appointed by the Chancellor in such manner, for such term and on such emoluments and other conditions of service as may be prescribed by the statues. (2) The Vice-Chancellor shall be the principal academic and executive officer of the University, and shall exercise supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University. (3) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matter: Provided that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Chancellor whose decision thereon shall be final: Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to appeal against such action to the Board of Management within ninety days from the date on which such action is communicated to him and thereupon the Board of management may confirm, modify or reverse the action taken by the Vice-Chancellor. (4) The Vice-Chancellor, if he is of the opinion that any decision of any authority is beyond the powers of the authority conferred by the provisions of this Act, statutes or Ordinances or that any decision taken is not in the interest of the University, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review its decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the Chancellor whose decision thereon shall be final: Provided that the decision of the authority concerned shall remain suspended during the period of review of such decision by the authority or the Chancellor as the case may be, under this sub-section. (5) The Vice-Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the statutes and the ordinances.

11.The Registrar.- The Registrar shall be appointed in such manner, on such emoluments and other conditions of service, and shall exercise such powers and perform such functions, as may be prescribed by the statutes.

12. The Dean.- Every Dean shall be appointed in such manner, on such emoluments and other conditions of service and shall exercise such powers and perform such functions as may be prescribed by the statutes.

13. The Registrar of Examinations.- (1) The Registrar of Examinations, shall be appointed in such manner on such emoluments and other conditions of service and as may be prescribed by the statutes. (2) The Registrar of Examination shall exercise such powers and perform such functions as may be prescribed by the statutes.

14. The Finance Officer.- The Finance Officer shall be appointed in such manner, on such emoluments and other conditions of service and shall exercise such powers and perform such functions as may be prescribed by the Statutes.

15. The Director.- Every Director shall be appointed in such manner, on such emoluments and other conditions of service and shall exercise such powers and perform such functions as may be prescribed by the statutes.

16. Other Officers.- The manner of appointment, emoluments, other conditions of service and powers and duties of the other officers of the University shall be prescribed by the statutes.

17. Authorities of the University.- The following shall be the authorities of the University:- (1) the Board of Management; (2) the Academic Council; (3) the Finance Committee; and (4) such other authorities as may be declared by the statutes to be the authorities of the University.

18. The Board of Management.- (1) The Board of Management shall be the principal executive body of the University, consisting of the following members :- (1) the Vice-Chancellor; (2) the Registrar; (3) the Secretary in charge of Higher Education, Government of Karnataka; (4) the Secretary to Finance Department; (5) a Vice-Chancellor of the Universities in the State of Karnataka nominated by the pro-chancellor by rotation for such period as may be specified; (6) the Dean (Academic); (7) five distinguished persons from the educational, scientific and administrative fields to be nominated by the Pro-Chancellor: Provided that from amongst the nominated persons under this clause, one shall be a person belonging to Scheduled Castes and Scheduled Tribes and two shall be women; (8) two Members of the Karnataka Legislative Assembly elected from among themselves; (9) two Members of the Karnataka Legislative Council elected from among themselves. (2) The Board of Management shall have the powers,- (i) to manage and administer the properties and revenues of the University; (ii) to conduct all administrative affairs and shall exercise ,- (a) such other powers of the University as may be necessary, incidental or conducive to the fulfillment of the objectives of the University; and (b) such other powers as may be prescribed by the statutes.

19. The Academic Council .- (1) The Academic Council shall consist of the following members ,- (i) the Vice-Chancellor; (ii) the Registrar; (iii) the Dean (Academic); (iv) the Dean (Administration); (v) the Dean (Study Centres); (vi) other Dean (if any); and (vii) such other officers of the University as the Academic Council may consider necessary to co-opt as members. (2) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and Ordinances, have the control and general regulation of and be responsible for the maintenance of standards of learning, education, instruction, evaluation and examination within the University and shall exercise such other powers and perform such other functions as may be conferred or imposed upon it by the statutes.

20. The Finance Committee .-(1) The Board of Management shall constitute a Finance Committee consisting of not more than five members as follows :- (1) the Vice-Chancellor, ex-officio Chairman; (2) the Secretary, Finance Department or his nominee; (3) the Secretary, Education Department or his nominee; (4) two members nominated from among the members of the Board of Management by the Board of Management; (5) the Finance Officer, ex-officio Member Secretary. (2) The Registrar shall be a permanent invitee to Finance Committee. (3) The powers and functions of the Finance Committee shall be as follows:- (i) scrutinize the annual budget estimates and make its recommendations to the Board of Management; (ii) conduct general examination of the accounts of the University and consider the audit reports and make its recommendations thereon; (iii) examine all proposals of the University involving expenditure for which no provision has been made in the budget or involving expenditure in excess of the amount provided for in the budget; and (iv) such other functions as may be prescribed by the statutes;

21. Other Authorities .- The constitution, powers and functions of the other authorities which may be declared by the statutes to be authorities of the University shall be as may be prescribed by the statutes.

22. Statutes .- Subject to the provisions of this Act, the statutes may provide for all or any of the following matters namely :- (a) the manner of appointment of the Vice-Chancellor or the term of his appointment, the emoluments and other conditions of his service and the powers and functions that may be exercised and performed by him; (b) the manner of appointment of Registrar, Registrar of Examination, the Finance Officer and other officers, the emoluments and other conditions of their service and the powers and functions that may be exercised and performed by each of the officers; (c) the terms of office of the members of the authorities, their daily and travelling allowances and the powers and functions that may be exercised and performed by such authorities; (d) the appointment of teachers and other employees of the University, their emoluments and their conditions of service; (e) the constitution of a pension or provident fund and the establishment of an insurance scheme for the benefit of the employees of the University; (f) the principles covering the seniority of service of employees of the University; (g) the procedure in relation to any appeal or application for review by any employee or student of the University against the action of any officer or authority of the University, including the time within which such appeal or application for review shall be preferred or made; (h) the procedure for the settlement of disputes between the employees or students of the University, and the University; (i) the conferment of autonomous status on colleges and Study Centres; (j) the allocation and disbursement of grants to colleges and institutions; (k) the conditions that are required to be fulfilled for admission of the colleges to the privileges of the University; (l) all other matters which by this Act are to be, or may be provided for by the statutes.

23. Statutes how made .- (1) The first statutes are those set out in the Second Schedule. (2) The Board of management may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in sub-section (1): Provided that the Board of Management shall not make, amend or repeal any statutes affecting status, powers or constitution of any authority of the University until such authority has been given a reasonable opportunity to express its opinion in writing on the proposed changes and any opinion so expressed has been considered by the Board of Management. (3) Every new statute or addition to the statutes or any amendment or repeal thereof shall require the approval of the Chancellor, who may assent thereto or withhold assent or remit to the Board of Management for reconsideration in the light of the observation, if any, made by him. (4) A new Statute or a Statute amending or repealing an existing statute shall not be valid unless it has been assented to by the Chancellor. (5) Not withstanding anything contained in the foregoing sub-sections, the Chancellor may make new or additional statutes or amend or repeal the Statutes referred to in sub-section (1) during the period of three years immediately after the commencement of this Act. (6) Notwithstanding anything contained in the foregoing sub-section, the Chancellor may direct the University to make provisions in the statutes in respect of any matter specified by him and if the Board of Management is unable to implement such a direction within sixty days of its receipt the Chancellor may, after considering the reasons, if any, communicated by the Board of Management for its inability to comply with such direction, make or amend the Statutes suitably. 1[(7) Notwithstanding anything contained in this section, the Board of Management shall not to make or adopt any new statute or amend, modify or repeal any statutes affecting the objectives of the University]1

24. Ordinances.- (1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:- (a) the admission of students, the courses of study and the fees therefor, the qualifications pertaining to degrees, diplomas, certificates and other courses, the conditions for the grant of fellowship, awards and the like; (b) the conduct of examinations, including the terms and conditions and appointment of examiners; (c) the management of colleges admitted to the privileges of the University; and (d) any other matter which by this Act or the Statutes is to be, or may be, provided for by the Ordinances. (2) The first Ordinances shall be made by the Chancellor with the previous approval of the State Government and the Ordinances so made may be amended, repealed or added to at any time by the Board of Management in the manner prescribed by the statutes.

25. Regulations .- The authorities of the University may make regulations consistent with this Act, the Statutes and the Ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this Act, the Statutes or the Ordinances.

26. Annual report .- (1) The annual report of the University shall be prepared under the directions of the Board of Management which shall include among other matters, the steps taken by the University towards the fulfillments of its objects. (2) The annual report so prepared shall be submitted to the Chancellor on or before such date as may be prescribed by the Statutes. (3) A copy of the annual report, so prepared under sub-section (1) shall, also be submitted to the State Government which shall as soon as may be, cause the same to be laid before both the Houses of the Legislature.

27. Annual accounts, etc .- (1) The annual accounts and the balance sheets of the University shall be prepared under the directions of the Board of Management and shall once at least every, and at intervals of not more than, fifteen months be audited by the 1[Principal Director, Karnataka State Audit and Accounts Department]1 or such person as may be authorised in this behalf. (2) A copy of the accounts together with the audit report shall be submitted to the Chancellor along with the observations, if any, of the Board of Management. (3) Any observation made by the Chancellor on the annual accounts shall be brought to notice of the Board of Management and the views of the Board of Management, if any, on such observations shall be submitted to the Chancellor. (4) A copy of the accounts together with the audit report, as submitted to the Chancellor shall also be submitted to the State Government, which shall as soon as may be, cause the same to be laid before both the Houses of the Legislature at their next earliest session. (5) The audited annual accounts after having been laid before both the Houses of the Legislature shall be published in the official Gazette. 2[(6) The University shall, where its total income as computed under the Income Tax Act without giving effect to the provisions of sections 11 and 12 of that Act exceeds the maximum amount which is not chargeable to income-tax in any previous year, get its accounts for that year audited by an accountant as defined in the Explanation to sub-section (2) of section 288 of the Income Tax Act and furnish along with its return of income for the relevant assessment year the report of such audit in the prescribed form duly signed and verified by such accountant and setting forth such particulars as may be prescribed, in accordance with clauses (b) and (ba) of sub-section (1) of section 12A of the Income Tax Act. (7) The University shall utilize its income and movable and immovable property only for the furtherance of its objects, shall not invest or deposit any income accumulated or set apart for application to charitable purposes in India in any form or mode other than those specified in sub- section (3) of section 11 of the Income Tax Act and shall not distribute its income or property to any person by way of profit, dividend and interest or in any other manner.]2

28. Conditions of service of employees.- (1) Every employee of University shall be appointed under a written contract and such contract shall not be inconsistent with the provisions of this Act, the Statutes and the Ordinances. (2) The contract referred to in sub-section (1) shall be lodged with the University and a copy of which shall be furnished to the employee concerned.

29. Tribunal of Arbitration .- (1) Any dispute arising out of a contract of employment referred to in section 28 between the University and an employee shall, at the request of either party, be referred to a Tribunal of Arbitration which shall consist of one member nominated, by the Board of Management, one member nominated by the employee concerned and an umpire to be nominated by the Chancellor. (2) Every such reference shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration Act, 1940 (2 of 1940) and all the provisions of that Act, with the exception of section 2 thereof shall apply accordingly. (3) The procedure for regulating the work of the Tribunal of Arbitration shall be prescribed by the statutes. (4) The decision of the Tribunal of Arbitration shall be final and binding on the parties, and no suit shall lie in any court in respect of the matters decided by the Tribunal.

30. Provident and pension funds .- (1) The University shall constitute for the benefit of the employees such provident or pension fund or provide such Insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes. (2) Where such provident or pension fund has been so constituted, the State Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925), shall apply to such funds, as if it were a Government Provident Fund.

31. Disputes as to the Constitution of the University authorities and bodies .- If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.

32. Filling of casual vacancies .- All the 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 may be convenient, by the person or body who appoints, elects or co-opts the member whose place has become vacant and any person appointed, elected or co-opted 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.

33. Acts and proceedings not invalidated, merely on the ground of defect in constitution, vacancy, etc .- Notwithstanding that the Board of Management or the Academic Council or any authority or body or the University is not duly constituted or there is defect in its constitution or reconstitution at any time and notwithstanding that there is a vacancy in the membership of any such authority or body, no act or proceeding of such authority or body shall be invalidated merely on any such ground or grounds.

34. Protection of action taken in good faith .- No suit or other legal proceedings shall lie against any officer or employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act or the statutes or the Ordinances.

35. Appointment of first Vice-Chancellor .- Notwithstanding anything contained in sub- section (1) of section 10 within six months from the date on which this Act comes into force, the first Vice-Chancellor shall be appointed by the Government 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 Vice-Chancellor shall retire from office if during the term of his office, he completes the age of sixty five years.

36. Appointment of the first Registrar .- Notwithstanding anything contained in section 11, within six months from the date on which this Act comes into force the first Registrar shall be appointed by the Government 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 Registrar shall retire from office, if during the term of his office, he completes the age of fifty-eight years.

37. Appointment of the first Finance Officer .- Notwithstanding anything contained in section 14 within six months from the date on which this Act comes into force the first Finance Officer shall be appointed by the Government on a salary to be fixed by it for a period not exceeding three years and on such other conditions as it thinks fit.

38. Transitory powers of the first Vice-Chancellor .- (1) It shall be the duty of the first Vice-Chancellor to make arrangements for constituting the Board of Management, the Academic 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 Board of Management 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.

1[38A. Dissolution or winding up of the university.- In the event of dissolution or winding up of the University, the assets remaining as on the date of dissolution shall under no circumstances be distributed among the officers of the university or members of the Board of Management or Finance Committee or among any person having substantial interest or their relative, but the same shall be transferred to another University whose objects are similar to that of this University.]1

39. Power to amend the Schedule .- The Government may, by notification, alter, amend or add any Statues to the Schedule and upon the issue of such notification, the Schedule shall be deemed to be amended accordingly.

40. 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 on 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.

41. Statutes, Ordinances and Regulations to be published in the official Gazette and to be laid before the Legislature .- (1) Every statute, Ordinance or Regulation made under this Act shall be published in the official Gazette. (2) Every statute, ordinance or regulation made under this Act shall be laid, as soon as may be after it is made, before each House of 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 session immediately following the session or successive sessions aforesaid, both Houses agree in making any modification in the Statute, ordinance or Regulation or both Houses agree that the statute, ordinance or regulation should not be made, the Statute, Ordinance or Regulation 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 statute, Ordinance or Regulation.

1[42. Continuation of Statutes, Ordinances etc.- Until Statutes, Ordinances and Regulations are made under sections 23, 24 and 25 of this Act, the Statutes, Ordinances, Regulations and Rules of the Mysore University established under the Karnataka State Universities Act, 1976 (Karnataka Act 28 of 1976) regulating the affairs of the Institute of correspondence courses and continuing education, Mysore and in force immediately before the commencement of this Act shall, subject to such adaptations or modifications, as may be made therein by the Vice-chancellor with the approval of the chancellor obtained through the Government, in so far as they are not inconsistent with the provisions of this Act, be deemed to be Statutes, Ordinances and Regulations made under the appropriate provisions of this Act and shall continue to be in force unless and until superseded by anything done or any action taken under this Act]1