Andhra Pradesh Fisheries and Ocean University (Establishment and Regulation) Act, 2017
Chapter II ESTABLISHMENT OF UNIVERSITY
Chapter II ESTABLISHMENT OF UNIVERSITY
3. Establishment of University
(1) The Government may permit the establishment of Fisheries and Ocean University which shall be a functional university and shall confine to the field of fisheries and related allied activities by inclusion of the name and location of the University, the name and address of Sponsoring body and details of its registration in Scheduled. (2) The location of the University shall be within the State of Andhra Pradesh and shall be notified by the Government. (3) The University shall be established on a Public-Private-Participatory mode with the contribution of the Government to a maximum of 49% of share capital on civil works and equipments (capital investment). (4) The University shall exercise such powers and discharge such functions as it may require but shall confine to the filed for which the University is established. (5) The University shall have a minimum of 50 acres of land and the income derived from farming on the land shall be unitised to meet the part of recurring expenditure of the University. (6) The University shall normally be permitted to have two campuses with one fresh water campus and another campus with marine environment provided that the Government may, under exceptional circumstances such as starting a new specialized course nearby the industrial clusters, if it deems fit, permit one additional academic campus or centre subject to adherence to quality levels and satisfactory accreditation standards as may be specified: Provided that the Government may permit a university to open additional campus or centre beyond three (3) campuses, if any, anywhere within the State of Andhra Pradesh subject to satisfactory running for a period of five years and on fulfilment of such infrastructure and other requirements as may be specified. (7) The University shall be free to encourage or se technology extensively as a part of its curriculum in line with modern pedagogic concepts. (8) The Government may permit the University to conduct distance education programme within the State of Andhra Pradesh after a period of five years and satisfactory demonstration of quality levels and accreditation standards. (9) The Governing body, the Board of Management, the Academic Council, the Chancellor, the Vice-Chancellor, the Registrar, the Chief Finance and Accounts Officer and such other officers or authorities, so long as they continue to hold such office or membership of the respective university specified in Schedule, hereby constitute a body corporate by the name of the said University. (10) The University shall be body corporate by the name included in Schedule and shall have perpetual succession and common seal with power, subject to the provisions of the Act, to acquire and hold property, to contract and shall, by the said name, sue or be sued.
Chapter II ESTABLISHMENT OF UNIVERSITY
4. Goals and Objects of the University
The Goals and Objects of the University shall be as follows:- (a) to provide for instruction, teaching learning and training in the University in the field of Fisheries, Ocean Sciences and allied branches; and make provisions for research, advancement and dissemination of knowledge; (b) to act as a centre of excellence having leading role for Human Resources Development in Fisheries and Ocean Science sectors; (c) furthering the advancement of learning and conduct of research in fisheries, ocean sciences and allied subjects; (d) to formulate new courses and curriculum in Fisheries and Ocean Sciences in accordance with the technical advances in the respective fields; (e) to establish and maintain a campus with international standards for fisheries education; (f) to create higher levels of intellectual abilities; (g) to create and maintain centers of excellence, for research and development on fisheries, ocean sciences and allied subjects and for sharing knowledge and its application; (h) to encourage and use the latest technology for fisheries education, research, fish resources management and extension education; (i) to develop state-of-art facilities for fisheries, education research and training; (j) to establish educational programmes for diplomas, degrees and postgraduate courses, doctorate degrees and post-doctoral programmes in fisheries and ocean science; (k) to collaborate with national and global institutions for offering programmes and creating capabilities for upgrading programmes; (l) to confer degrees, diplomas and other academic distinctions on the basis of an approved method of as established by the academic council of the University; (m) to ensure that the standards of the degrees, diplomas and other academic distinctions are higher than those laid down by the Regulatory Bodies; (n) to establish appropriate linkages with fisheries processing industry, fish farmers and fishermen community so that the programmes so offered are relevant to industry and society at large; and (o) to pursue any other objectives as may be approved by the Government: Provided that notwithstanding anything contained in this Act and save as provided in any Central Act, the University shall be eligible to undertake the functions of disseminating of knowledge only in the fields fisheries, aquaculture, ocean sciences and allied subjects or in the fields subsequently approved by the Government.
Chapter II ESTABLISHMENT OF UNIVERSITY
5. Powers and functions of the University
The University shall exercise the following powers and perform the following functions, namely:- (1) administer and manage the University; (2) establish, administer and manage the University’s constituent colleges, schools, institutes and centers for research, education, training, extension and outreach; (3) provide an ecosystem for research, higher education including professional education, teaching, learning, training, extension and outreach in the fisheries and allied fields of education; (4) conduct programmes and courses of study that are in the opinion of the University, necessary for the furtherance of its objects; (5) conduct innovative experiments in educational technologies, teaching and learning methods that improve the delivery of education and assist in achieving international standards of education; (6) offer joint programmes in collaboration with national and international institutions recognized by Regulatory Bodies; (7) hold examinations and confer degrees, diplomas (PG Diplomas) and other academic distinctions or titles on persons subject to such condition as the University may determine and to withdraw or cancel any such degrees, diplomas and other academic distinctions or titles in the manner specified by the Regulations; (8) confer honorary degrees or other distinctions in the manner provided by the Statutes; (9) establish a new constituent college, institution or center for furtherance of its objects; (10) collaborate with other national and international Universities, and acquire membership of bodies, authorities, or associations, in such manner and for such purpose as the University may determine by Statutes; (11) sponsor and undertake research and educational programmes in the fisheries and allied fields of education and obtain the intellectual property rights for such research or any other research; (12) institute and award fellowships, scholarships, prizes, medals and other awards; (13) regulate the expenditure, manage the finances and maintain the accounts of the University; (14) demand and receive fellowships, scholarships, prizes, medals and other awards; (15) receive funds, movable and immovable properties, from business, industry, other sections of society, national and international; (16) to purchase or to take on lease or accept as gifts, bequests, legacies or otherwise any land or building or works which may be necessary or convenient for the purpose of the University and on such terms and conditions as it may think fit and proper and to construct or alter and maintain any such building or works; (17) to sell, exchange, lease or otherwise dispose of all or any portion of the properties of the University, movable or immovable, with the prior permission of the Government, on such terms as it may think fit and consistent with the interest, activities and objects of the University; (18) to draw and accept, to make and endorse, to discount and negotiate promissory notes, bills of exchange, cheques and other negotiable instruments; (19) to raise and borrow money on bond, mortgages, promissory notes or other obligations or securities founded or based upon all or any of the properties and assets of the University or without any securities with the prior permission of the Government and upon such terms and conditions as it may think fit and to payout of the funds of the University, all expenses incidental to the raising of money, and to repay and redeem any money borrowed; (20) to invest the funds of the University in or upon such securities and transpose any investment from time to time with the prior permission of the Government in such manner as it may deem fit in the interest of the University; (21) to execute conveyances regarding transfers, mortgages, leases, licenses, agreements, and other conveyances in respect of property, movable or immovable including Government securities belonging to the University or to be acquired for the purpose of the University with the prior permission of the Government; (22) to admit students for the courses offered by the University in the manner prescribed by the Ordinances; to create academic, technical, administrative, ministerial and other posts prescribing qualifications by the Ordinances and to make appointments thereto; (23) to create academic, technical, administrative, ministerial and other posts prescribing qualifications by the Ordinances and to make appointments thereto; (24) to institute professorships, associate professorships, assistant professorships, readerships, lectureships, and any other teaching, academic or research posts and to prescribe by the Statutes, the qualifications for the persons to be appointed on such posts; (16) to purchase or to take on lease or accept as gifts, bequests, legacies or otherwise any land or building or works which may be necessary or convenient for the purpose of the University and on such terms and conditions as it may think fit and proper and to construct or alter and maintain any such building or works; (17) to sell, exchange, lease or otherwise dispose of all or any portion of the properties of the University, movable or immovable, with the prior permission of the Government, on such terms as it may think fit and consistent with the interest, activities and objects of the University; (18) to draw and accept, to make and endorse, to discount and negotiate promissory notes, bills of exchange, cheques and other negotiable instruments; (19) to raise and borrow money on bond, mortgages, promissory notes or other obligations or securities founded or based upon all or any of the properties and assets of the University or without any securities with the prior permission of the Government and upon such terms and conditions as it may think fit and to payout of the funds of the University, all expenses incidental to the raising of money, and to repay and redeem any money borrowed; (20) to invest the funds of the University in or upon such securities and transpose any investment from time to time with the prior permission of the Government in such manner as it may deem fit in the interest of the University; (21) to execute conveyances regarding transfers, mortgages, leases, licenses, agreements, and other conveyances in respect of property, movable or immovable including Government securities belonging to the University or to be acquired for the purpose of the University with the prior permission of the Government; (22) to admit students for the courses offered by the University in the manner prescribed by the Ordinances; to create academic, technical, administrative, ministerial and other posts prescribing qualifications by the Ordinances and to make appointments thereto; (23) to create academic, technical, administrative, ministerial and other posts prescribing qualifications by the Ordinances and to make appointments thereto; (24) to institute professorships, associate professorships, assistant professorships, readerships, lectureships, and any other teaching, academic or research posts and to prescribe by the Statutes, the qualifications for the persons to be appointed on such posts; (25) to appoint qualified persons as professors, associate professors, assistant professors, or as teachers and researchers or other officers of the University in such manner as may be prescribed by the Statutes; (26) to delegate all or any of its powers (expect the power to make regulations) to any officer or authority of the University; and (27) to do all such acts and things as the University may consider necessary conducive or incidental to the attainment or enlargement of all or any of the objects.
Chapter II ESTABLISHMENT OF UNIVERSITY
6. Application for establishment of a University
Any Sponsoring body desirous of establishing a Private University shall make an application to the Council or the Designated Authority as may be notified by the Government. Such an application should contain, among other things, an outline of the purpose & vision of the proposed Private University, along with a project report with all relevant details containing the proposal and the project report in such manner containing such particulars along with such fee as may be prescribed.
Chapter II ESTABLISHMENT OF UNIVERSITY
7. Project Report
In addition to the particulars as may be stated in section 6, the project report shall contain the following, namely:- (a) Details of the Sponsoring body along with the copies of its registration certificate, constitution and bye-laws; (b) Information regarding financial resources of the Sponsoring body along with audited financial statements for the last five years;. (c) Name, location and headquarters of the proposed University and records of a minimum of 50 acre of suitable land owned by the sponsoring body; (d) Track record, experience and expertise of the Sponsoring Body in fisheries disciplines; (e) Plan for pre-commencement activities, including in academic & non-academic areas; (f) Projected detailed financial statements, and key operating ratios, detailed break-up of sources of revenues including student fees, ancillary income from student services such as student housing, and other professional income such as through consulting; (g) Proposed fee structure, and proposed minimum concessions or rebates in fee or free ships and scholarships to the poor students from economically poor or socially backward families, including Scheduled Castes, Scheduled Tribes, other Backward Classes and physically challenged students; (h) System proposed to be followed for appointment of faculty and other employees in the University; (i) Details of facilities proposed to be created for sports and other extra-curricular activities; (j) Proposed approach & initial plan for academic & research excellence, including accreditations to be sought; (k) Corpus funds (Endowment funds) to be maintained; (l) Other required details as may be notified from time to time.
Chapter II ESTABLISHMENT OF UNIVERSITY
8. The power of Council for constitution of Expert (Screening) Committee and factors to consider proposal
(1) The Government shall constitute an Expert Committee (Screening Committee), consisting of such persons as may be prescribed, to examine the application received under Sections 6 and 7; (2) The Expert Committee shall consider the proposal and the project report based on the information given under section 6 and 7 and recommend or otherwise whether the proposal to set up a Functional University is acceptable and whether the Sponsoring body is competent to set up and manage the University; (3) The Expert Committee shall consider each proposal and project report with reference to the following factors: (a) financial soundness and assets of the Sponsoring body and its ability to setup the infrastructure of the proposed University; (b) Equity Participation of government in the University; (c) background of the Sponsoring body such as experience in the field of Fisheries, its credibility and general reputation; (d) potentiality of the programmes and courses to be offered which are not only of conventional nature but also in tune with the contemporary requirements of emerging branches of learning and relevant to various fisheries sectors and to fishermen community in general; (e) appropriateness of the objectives of the proposed University against the overall goals & objectives of the State; and (f) fee to be charged vis-a-vis market potential of the course & fee charged is similar institution & various scholarships etc., offered to the meritorious candidates; (g) Endowment funds (Corpus funds) to be establish by the University; (h) any other factor that the Expert Committee may deem appropriate. (4) The Expert Committee, while considering the proposal and the project report, may call for such other information from the Sponsoring body as it thinks proper for the purpose. (5) The Expert Committee shall endeavour to present its recommendations to the Government within 60 days of its receipt of the proposal from the Government.
Chapter II ESTABLISHMENT OF UNIVERSITY
9. Recommendations of the additional measures
The Expert Committee may recommend to the Government appropriate additional measures for Fisheries and Ocean University, from time to time.
Chapter II ESTABLISHMENT OF UNIVERSITY
10. Letter of intent
(1) After receipt of the recommendations of the Expert Committee under section 8, the Government shall, as far as possible within a period of 30 days, take a decision on accepting, rejecting or seeking modifications in the proposal, and project report; Provided that the Government may consider the additional measures as recommended by the Expert Committee under section 9. (2) The Government shall inform the Sponsoring Body about its decision within 10 days of taking such decision, through a Letter of Intent, a Letter of Regret, or a letter seeking additional clarifications. (3) The Government, while issuing the Letter of Intent, shall require the Sponsoring body to fulfill such terms and conditions as recommended by the Expert Committee. If the letter from the Council seeks additional clarifications, the Sponsoring Body may provide the same and that shall be considered as a re-submission of the Application. (4) The Sponsoring body shall fulfill the terms and conditions and report compliance to the Government within two years period from the date of issue of Letter of Intent: Provided that Government may further extend the term for a maximum period of one year not exceeding six months at a time if it is satisfied that the sponsoring body has taken substantial steps towards setting up of the University. (5) On receipt of compliance report, the Government shall, within a period of one month, request the Expert Committee, constituted under Section 8 or constitute another similar Committee, to verify the compliance report within a period of 30 days.
Chapter II ESTABLISHMENT OF UNIVERSITY
11. Establishment of University by amending Schedules
If the Government is satisfied that the Sponsoring body has complied with the conditions of Letter of Intent and on the specific recommendations of the Expert Committee, it shall endeavour within a maximum period of seven months for inclusion of the name of the University in Schedule with details of its location(s) by way of amendment of Schedule.
Chapter II ESTABLISHMENT OF UNIVERSITY
12. Management of certain Institutions
Subject to the provision of sub-section (4) of section 3 the University may, as and when it deems fit and proper, establish and manage and additional campuses, centers education, training, extension and outreach within the State of Andhra Pradesh.
Chapter II ESTABLISHMENT OF UNIVERSITY
13. University open to all irrespective of sex, religion, class, creed or opinion
(1) No person shall be excluded from any office of the University or from membership of any of its authorities or from admission to any degree, diploma or other academic distinction or course of study on the ground of sex, race, creed, class, caste, place or birth, religious belief or political or other opinion. (2) It shall not be lawful for the University to impose on any person any test whatsoever relating to sex, race, creed, caste, class, place of birth, religious belief or political or other opinion in order to entitle him to be admitted as a student or to hold any office or post in the University or to qualify for any degree, diploma or other academic distinction or to enjoy or exercise any privileges of the University or any benefaction thereof.
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