The Chhattisgarh Private Universities (Establishment and Operation) (Amendment) Act

1. (1) This Act may be called the Chhattisgarh Private Universities (Establishment and Operation) (Amendment) Act, [2018/2020/2021].
2. (2) It extends to the whole State of Chhattisgarh.
3. (3) It shall come into force from the date of its publication in the Official Gazette.

In this Act, unless the context otherwise requires,- (1) "Authority" means any authority of the University as specified in this Act. (2) "Sponsoring Body" in relation to a University means a body registered under the Societies Registration Act, 1860 (No. 21 of 1860) or the Madhya Pradesh Societies Registration Act, 1973 (No. 44 of 1973) or a Trust registered under the Indian Trust Act, 1882 (No. 2 of 1882) or a Company registered under the Companies Act, 1956 (No. 1 of 1956). (3) "University" means a University established under this Act. . (4) "Chancellor" means the Chancellor of the University. (5) "Committee" means any committee of the University constituted under this Act. (6) "Department" means a department of studies in the University. (9) "Office" means the office of the University. (10) "Officer" means an officer of the University as specified in this Act. (12) "Prescribed" means prescribed by the Statutes or Ordinances or Regulations. (13) "Regulatory Body" means any Central or State body established by the Government for the purpose of regulating the courses or standard of education. (14) "State" means the State of Chhattisgarh. (15) "Statutes", "Ordinances", "Regulations" means respectively the Statutes, Ordinances and Regulations of the University made under this Act. (16) "Student" means a person enrolled in the University for pursuing a course of study for a degree, diploma or other academic distinction duly instituted by the University. (17) "Academic Council" means the Academic Council of the University. (18) "Teacher" means a Professor, Reader, Lecturer or other person appointed for imparting instruction or conducting research in the University. (19) "University" means the Private University, established under this Act. (20) "Private University" means a University duly established under this Act. (21) "UGC" means the University Grants Commission established under the University Grants Commission Act, 1948 (No. 3, of 1948). (22) "Visitor" means the Visitor of the University. (23) "University" means the University established under section 3 of this Act. (27) "Academic year" means a period of twelve months, or any other period as may be specified by the Regulatory Body concerned, which may be designated as the academic year for a programme of study. (28) "University" means any University established under the provisions of the University. (29) "Private University" means a University which includes (a) Universities registered under the Madhya Pradesh Societies Registration Act, 1973 (No. 44 of 1973), (b) University as described. (c) Companies registered under the Companies Act, 1956 (No. 1 of 1956) as section 25 company, (d) Trusts established under the relevant State Act. (30) "Statutes" means the Statutes of the private university established under the Rules of the Regulations of the Private University. (31) "State Government" means the Government of the State of Chhattisgarh. (32) "Scheduled Caste" means persons belonging to the Scheduled Castes notified under Article 341 of the Constitution. (33) "Scheduled Tribe" means persons belonging to the Scheduled Tribes notified under Article 342 of the Constitution. (34) "Government" means the Government of the State of Chhattisgarh. (35) "Anganwadi" means the Anganwadi centre established by the State Government for the welfare of the children and women. (36) "University Grants Commission" means the University Grants Commission established under the University Grants Commission Act, 1956 (No. 3, of 1956) and includes any other statutory body. (37) "Chhattisgarh Private Universities (Establishment and Operation) Act 2003" means the Act (Private University Establishment and Operation Act) of the year 2003.

1. (a) An application for establishment of the private university. (b) The manner and procedure of establishment. (c) The manner of the private university functioning. (d) The rules and regulations for the functioning of the private university. (e) The standards and criteria for the establishment of the private university. (f) The academic and infrastructure requirements for the establishment of the private university. (g) The provision for the selection of the Chancellor, Vice-Chancellor and other officers of the private university. (h) The requirements for the academic and non-academic staff. (1) An application for the establishment of private university shall be made to the State Government by the sponsoring body along with a Project Report which shall contain, (i) The vision and mission of the private university. (ii) The project report containing the project profile for the university. (iii) The financial status of the private university. (iv) The land and building requirements of the private university. (v) The academic and infrastructure requirements. (vi) The curriculum and the pedagogical methods. (vii) The requirement for the academic and non-academic staff. (viii) The evaluation and feedback mechanism of the private university. (ix) The placement cell for the students. (x) The requirements for the laboratory and library of the private university. (xi) The details of the research and development activities in the private university. (xii) The details of the sports and cultural activities in the private university. (xiii) The provision for the audit and the annual report of the private university. (xiv) The rules for the administration and management of the private university. (xv) The guidelines for the admission and the fees of the private university. (xvi) The details of the scholarship and the financial assistance for the students. (xvii) The provision for the grievance redressal of the students. (xviii) The details of the industrial and the institutional collaboration. (xix) The provision for the sustainability of the private university. (xx) The details of the expansion and the development of the private university. (xxi) The provision for the dissolution of the private university. (xxii) The requirement for the compliance of the regulatory body rules. (xxiii) The information regarding the infrastructure for the physically challenged students. (xxiv) The provision for the safety and the security of the private university. (xxv) The requirement for the sustainable development of the campus. (xxvi) The information regarding the digital and the library infrastructure. (xxvii) The provision for the student support and the progression of the private university. (xxviii) The details of the quality and the quantity of the academic and non-academic staff. (xxix) The provision for the internal and external audit of the private university. (xxx) The information regarding the academic and the non-academic activities of the private university. (xxxi) The provision for the research and consultancy services. (xxxii) The provision for the establishment of the research park of the private university. (xxxiii) The provision for the establishment of the incubation centre of the private university. (xxxiv) The provision for the establishment of the skill development centre of the private university.

... (1) A sponsoring body shall make an application for the establishment of private university to the State Government along with the project report which shall contain the following namely: (a) The objects of the private university. (b) The status and legal status of the sponsoring body. (c) The name, location and headquarters of the proposed private university. (d) The availability of land. (e) The details of the building and infrastructure. (f) The courses of study to be offered. (g) The provision for the fees and other charges...

... (1) Upon receipt of the application, the State Government shall examine the project report. (2) The State Government may cause an inspection of the university. (3) The State Government may issue a letter of intent to the sponsoring body for the establishment of the private university. (4) The sponsoring body shall establish the private university as per the requirements.

1. (1) The State Government may at any time inspect the functioning of the private university. (2) The private university shall not have the power to grant affiliation to any college or institution.

Section 6(2) of the power of the State Government, the private university shall comply with the directions issued by the Government from time to time. (1) Compliance with: (a) Maintenance of academic standards, (b) The Act of the UGC as mentioned in section 11. (2) Failure to comply: (a) 15 days notice shall be given. (b) 25 days fine for the violation or for the non-compliance of the directions. (3) A penalty of Rs. 25,000 shall be imposed for the violation of the Act. (4) The private university shall: (a) Ensure that the university shall not deviate from the purpose for which it was established. (b) Maintain the quality of education and provide infrastructure.

1. (1) No private university shall charge any fee in any form which is not notified by the State Government. (2) The State Government shall, for the purpose of fixing the fee of the private university, constitute a committee. (3) The committee constituted under sub-section (2) shall, after examining the proposal of the private university, make recommendation for the fee to be charged by the private university. (4) The committee constituted under sub-section (3) shall ensure that the fee fixed is just and reasonable and does not lead to capitation fee. (5) The private university shall, after having obtained the recommendation under sub-section (4), charge the fee as approved by the State Government, and the State Government shall ensure that the private university adheres to the fee structure as fixed by it.

1. (1) The sponsoring body of the private university shall establish an endowment fund as may be specified by the State Government in the form of a fixed deposit in a scheduled bank. (2) The endowment fund shall be used as a security deposit to ensure that the private university complies with the provisions of this Act and the rules and regulations made thereunder. (3) The private university shall not have the right to withdraw or transfer the endowment fund without the prior permission of the State Government. (4) The State Government shall have the right to forfeit the endowment fund if the private university fails to comply with the provisions of this Act or any rules or regulations made thereunder.

1. (1) The private university shall establish a general fund to which all moneys received by the university shall be credited. (2) The general fund shall be used for the development and maintenance of the private university and for the payment of salaries and other expenses. (3) The private university shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the income and expenditure account and the balance sheet in such form as may be prescribed by the State Government. (4) The accounts of the private university shall be audited annually by a Chartered Accountant, and the audited report shall be submitted to the State Government.

1. (i) Maintenance of fund for the development and infrastructure of the private university. (ii) Maintenance of library, laboratory and other academic facilities. (iii) Maintenance of staff and faculty. (iv) Maintenance of scholarship and other financial assistance to the students.

1. (1) The private university shall, within three months of the completion of the financial year, submit an annual report to the State Government. (2) The annual report shall contain information regarding the academic and financial activities of the university. (3) The State Government shall cause the annual report to be laid before the State Legislative Assembly.

1. (1) The University shall have the following powers and functions. (2) The University shall promote academic excellence and research. (3) The University shall (a) establish and maintain schools, departments, and research centers. (b) confer degrees, diplomas, and certificates. (c) institute and award fellowships, scholarships, and prizes. (d) organize conferences, seminars, and workshops. (e) enter into agreements with other universities or institutions. (f) perform such other functions as may be necessary for the attainment of the objectives of the university.

1. (1) The admission of students to the private university shall be made on the basis of merit. (2) The government may prescribe the percentage of reservation for admission. (3) The fee structure shall be decided by the committee as provided under Section 8. (4) The university shall provide for scholarships for meritorious students. (5) The admission process shall be transparent. (6) The university shall maintain the record of students admitted. (7) The university shall ensure that the facilities provided to the students are as per the prescribed standards.

1. (1) The University shall have the following powers, namely:-(2) The University shall, for the purposes of performing its functions, have such powers as may be specified in the Statutes, Ordinances and Regulations.

1. (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 sole ground of sex, race, creed, class, caste, place of birth, religious belief or political or other opinion. (2) It shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or political opinion in order to entitle him to be admitted as a student or to hold any office of the University or to graduate thereat or to enjoy or exercise any privilege thereof.

The University shall seek accreditation from respective national accreditation bodies and such other accrediting bodies as the Central Government may notify.

1. (1) The admission fees and other fees to be charged by the University shall be such as may be decided by the Board of Management. (2) The University shall charge fees as per the criteria notified by the State Government. (3) The University shall have power to provide free - ship for the students who are meritorious and economically weaker section of the society. (4) The University shall notify the fees, which it proposes to charge, and such fees shall be applicable only after the approval of the Regulatory Commission. (5) The University shall not charge any fees, by whatever name called, other than that, which has been approved by the Regulatory Commission.

1. (1) The University shall establish a General Fund to which the following shall be credited, namely:-(i) All fees which may be charged by the University; (ii) All sums received from any other source; (iii) All contributions made by the sponsoring body; (iv) All contributions/donations made in this behalf by any other person or body which are not prohibited by any law for the time being in force. (2) The moneys credited to the General Fund of the University shall be applied to meet all the recurring and non-recurring expenditure of the University. (3) Any surplus shall be utilized for the purpose of development of the university as per the provisions of (1) (i) above. (4) Any investment of the funds of the University shall be made in such mode and manner as may be prescribed.

1. (1) The University shall establish an Endowment Fund, of at least Rs. 2,00,00,000 (Two Crores) or such higher amount as may be prescribed by the Regulatory Commission. (2) The University shall have the power to invest the endowment fund in such manner as may be prescribed. (3) The University may transfer any amount from the General Fund or the Development Fund to the Endowment Fund. Except in the dissolution of the University, in no other circumstances can any moneys be transferred from the Endowment Fund for other purposes. (4) The income from the Endowment Fund shall be used as a first charge for meeting the deficit, if any, in the maintenance of the General Fund.

The Sponsoring Body may dissolve the University by giving a notice of at least one year in writing to the State Government by following the procedure laid down in this Act.

1. (1) In the event of the dissolution of the University, the assets of the University and the endowments shall be used for discharging the liabilities of the University. (2) After satisfying all the liabilities, the remaining assets shall be disposed in such manner as may be prescribed. (3) The sponsoring body may utilize the remaining assets, if any, for any other educational purpose. (4) The Regulatory Commission shall ensure that the interest of the students is protected. (5) The Regulatory Commission may suggest the mode of transfer of students to other universities in the state. (6) The Regulatory Commission shall have the power to examine the assets and liabilities of the University. (7) The sponsoring body shall be responsible for the payment of all liabilities of the University. (8) The Regulatory Commission shall be empowered to recover the dues from the sponsoring body or from its assets. (9) Any dispute relating to the dissolution of the University shall be settled by the State Government. (10) The State Government shall be the final authority in settling the disputes. (11) The University shall, before dissolution, return the excess fees to the students. (12) The State Government shall have the power to take over the assets and liabilities under the Law. (13) If the Sponsoring Body is not in a position to manage the University, the State Government can take over the management of the University. (14) The State Government shall appoint an administrator for the management of the University. (15) The administrator shall manage the University for a period not exceeding two years.

1. (1) The annual accounts and balance sheet of the University shall be prepared under the directions of the Board of Management:-(i) The accounts of the University shall be audited at least once in a year by the auditors appointed by the University; (ii) The audit report shall be published on the website of the University; (iii) A copy of the audit report shall be submitted to the Regulatory Commission; (iv) The State Government shall have the power to audit any University at any time; (v) The audited annual accounts shall be submitted to the State Government; (vi) The audit shall be conducted in accordance with the provisions of this Act; (vii) The University shall maintain proper accounts; (viii) The audit report shall be placed before the Board of Management; (ix) The University shall comply with the observations made by the audit team. (2) The University shall maintain such books of account and other books in relation to its accounts in such form and in such manner as may be prescribed. (3) The accounts of the University shall be audited at least once in two years by the Chartered Accountants. (4) The University shall publish the annual report on its website. (5) The University shall submit the annual report to the State Government as well as to the Regulatory Commission.

1. (1) The State Government shall have the power to issue directions to the University. (2) The State Government shall have the power to inspect the University at any time. (3) The State Government shall have the power to appoint a committee for the inspection. (4) The committee shall submit its report to the State Government within two months. (5) The report shall be placed before the State Government. (6) The State Government, after considering the report, may issue necessary directions to the University. (7) The University shall comply with the directions issued by the State Government. (8) If the University fails to comply with the directions, the State Government may take such action as it deems fit. (9) The State Government shall have the power to suspend or revoke the permission granted to the University.

1. (1) The State Government or any officer authorized by it shall have the power to enter the premises of the University at any time for the purpose of inspection. (2) The officer shall have the power to examine the records and other documents of the University.

The University shall prepare an annual report and submit it to the State Government and the Regulatory Commission.

No person shall be qualified for appointment as a member of any authority of the University if he has been convicted by a court of law for an offence involving moral turpitude.

No act or proceeding of any authority or other body of the University shall be invalid merely by reason of the existence of any vacancy or vacancies in such authority or body.

If any question arises as to whether any person has been duly 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 State Government for its decision.

1. (1) 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 the provisions of this Act. (2) The University shall provide legal assistance to such officer or employee.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty. (2) Every order made under this section shall be laid before the State Legislative Assembly.

1. (1) This Act may be called the Chhattisgarh Private Universities (Establishment and Operation) (Amendment) Act, 2018. (2) It extends to the whole State of Chhattisgarh. (3) It shall come into force from the date of its publication in the Official Gazette.

In the Schedule made under sub-section (1) of Section 9 of the Chhattisgarh Private Universities (Establishment and Operation) Act, 2005 (No. 13 of 2005), after serial number 8 and entries relating thereto, the following shall be added, namely :- [9. AAFT University of Media and Arts | Society for Media and Arts | Society registered under the Societies Registration Act, 1860 (No. 21 of 1860) | Village-Manth, Tehsil-Tilda, District-Raipur, Chhattisgarh (General Area) | Chhattisgarh | Certificate, Diploma, Under Graduate, Post Graduate Degree and their integrated courses, M. Phil., Ph. D. and other research level only regular courses in - Journalism, Mass Communication, Media, Fine Art, Performing Art, Visual Art, Applied Art] [10. Shri Rawatpura Sarkar University | Shri Rawatpura Sarkar Lok Kalyan Trust | Sub Registrar-VII, New Delhi under the Indian Trust Act, 1882, Registration No. 2726, dated 29-03-2000 | Near Shadani Darbar, Village-Dhaneli, Post Office-Mana, Dhamtari Road, Tehsil and District-Raipur (Chhattisgarh) | Chhattisgarh | Certificate, Diploma, Under Graduate, Post Graduate Degree and their integrated courses, M. Phil., Ph. D. and other research level only regular courses in - Science, Business Management, Commerce, Engineering, Arts, Hotel Management, Fashion Designing] [11. Maharishi University of Management and Technology | Maharishi Shikshan Sansthan | Society registered under the Societies Registration Act, 1860 (No. 21 of 1860) and approved under Registrar of Society, Delhi, Administration Delhi | Village-Mangla, Tehsil and District-Bilaspur, Chhattisgarh (General Area) | Chhattisgarh | Certificate, Diploma, Under Graduate, Post Graduate Degree and their integrated courses, M. Phil., Ph. D. and other research level only regular courses in - Sanskrit Based courses/Yoga, Vedic Science, Jyotish, Kirtan and Other Darshans, Business Administration/Commerce/Management/Finance, Fine Arts/Performing Arts/ Visual Arts/Applied Arts, Hotel Management/Hospitality/Travel and Tourism, Arts/ Humanities/ Social Sciences/ Science, Engineering/Design]

Provided that after the establishment of the University any new teaching programme may be introduced with the prior approval of the State Government.

In schedule of the Chhattisgarh Private Universities (Establishment and Operation) Act, 2005 (No. 13 of 2005) Act after serial No. (2) the following serial and the entries related thereto, shall be added: (2) 3. Kalinga University; (3) Bhagwan Bala Sai Educational and Charitable Society, Raipur; (4) Firms and Societies Registration Act, 1973 (No. 44 of 1973) Registration No. CG State 2561 dated 8-1-2004; (5) Gram Kotni, Palod, Teh.-Arang, District-Raipur (C.G.); (6) Chhattisgarh State; (7) Management, Computer Science, Information Technology, Bio Technology, Bio Informatics, UG and PG in Arts, Science and Commerce faculties. (2) 4. I.C.F.A.I. University, Raipur; (3) The I.C.F.A.I. Society; (4) Firms and Societies Registration Act, 1973 (No. 44 of 1973) Registration No. CG State 203 dated 25-6-2002; (5) Gram Chorha, R.I. Circle Ahiwara, Dhamdha, Distt.-Durg (C.G.); (6) Chhattisgarh State; (7) Business Management, Commerce, Information Technology, Arts, Humanities, Law, Education, Science & related subject.

After clause (b) of sub-section (2) of Section 7 of the Chhattisgarh Private Universities (Establishment and Operation) Act, 2005 (No. 13 of 2005) (hereinafter referred to as the Principal Act), the following proviso shall be inserted, namely:- "Provided that non transferable lease (not less than 30 years), given for the purpose, by State Government or its Agency shall be admissible." In proviso to sub-section (2) of Section 9 of the Principal Act, for the figure and word "6 months" the figure and word "2 years" shall be substituted.

In sub-section (3) of Section 7 of the Chhattisgarh Private Universities (Establishment and Operation) Act, 2005 (No. 13 of 2005), (hereinafter referred to as the Principal Act), for the figure "25,000", the figure "1,00,000" shall be substituted. (1) In clause (a) of sub-section (1) of Section 11 of the Principal Act, for the words "One crore rupees", the words "Three crore rupees" shall be substituted. (2) In clause (b) of sub-section (1) of Section 11 of the Principal Act, for the words "Three crore rupees", the words "Five crore rupees" shall be substituted.