Chapter I PRELIMINARY

(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 date as the State Government may by notification in the official Gazette, appoint. Provided that no person who is an employee of the University or of any affiliated college or a member of any authority of the University shall be nominated to be a member of the Committee. (4) The Vice-Chancellor shall subject to the pleasure of Chancellor hold office for a term of three years from the date on which he enters upon his office, or until he attains the age of sixty-five years whichever is earlier, and he shall not be eligible for re-appointment: Provided that the Chancellor may require the Vice-Chancellor after his term has expired, to continue in office for such period, not exceeding a total period of one year as may be specified by him: Provided further that no Vice-Chancellor shall be removed from the office except by an order passed on the ground of misbehaviour, mismanagement, incapacity or otherwise after due enquiry by a serving or retired Judge of Supreme Court or High Court appointed by the Chancellor. (5) The emoluments and other conditions of service of the Vice-Chancellor shall be as follows; (i) there shall be paid to the Vice-Chancellor a salary as may be determined by the Chancellor and he shall be entitled to the free use of the University car and without payment of rent, to the use of furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor personally in respect of the maintenance of such residence. (ii) in addition to the salary determined in sub-clause (i), the Chancellor shall be entitled to such other allowances as are admissible to University employees from time to time: (iii) the Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Board of Management with the approval of the Chancellor from time to time: Provided that where an employee of the University or a college or of any other University or any institution maintained by or affiliated to such other Universities is appointed as the Vice-Chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the University shall contribute to the account of such person in that provident fund at the same rate at which such person had been contributing immediately before his appointment as Vice-Chancellor: Provided further that where such employee had been a member of any pension scheme, the University shall make the necessary contribution to such scheme. (iv) the Vice-Chancellor shall be entitled to traveling allowance at such rates as may be fixed by the Board of management. (v) the Vice-Chancellor shall be entitled to leave on full pay for one-eleventh of the period spent by him on active service. (vi) in addition to the leave referred to in sub-clause (v), Vice-Chancellor shall be entitled to half pay leave at the rate of twenty days per year of every completed year of service and the half pay leave may be availed of as commuted leave on full pay on medical certificate. (6) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise, or if he is unable to perform his duties due to ill health or any other cause, the Registrar shall perform the duties of the Vice-Chancellor and in his absence the senior most Dean shall perform the functions of the Vice-Chancellor until the new Vice-Chancellor assumes his office or until the existing Vice-Chancellor attends to the duties of his office, as the case may be.

In this Act, and the statutes made hereunder, unless the context otherwise requires ,-

(a) "Academic Council", means the Academic Council of the University; (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; (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, counselling 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. (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. (1) The Vice-Chancellor shall be ex-officio Chairman of the Board of Management, Academic Council and Finance Committee. (2) The Vice-Chancellor shall be entitled to be present at and address, any meeting of any other authority or other body of the university, but shall not be entitled to vote thereat, unless he is a member of such authority or body. (3) It shall be the duty of the Vice-Chancellor to see that this Act, the Statute, Ordinances and Regulations are duly observed and he shall have all the powers necessary to ensure such observance. (4) The Vice-Chancellor shall exercise control over the affairs of the university and shall give effect to the decisions of all the authorities of the university. (5) The Vice-Chancellor shall have all the powers necessary for the proper maintenance of discipline in the university and he may delegate any such powers to such persons as he may deem fit. (6) The Vice-Chancellor shall be empowered to grant leave to any officer of the university and make necessary arrangements for the discharge of the functions of such officer during his absence. (7) The Vice-Chancellor shall grant leave of absence to any employee of the University in accordance with the Statutes and if he so desire, delegate such powers to another officer of the University. (8) The Vice-Chancellor shall have the power to convene or cause to be convened the meetings of the Board of Management, the Academic Council and the Finance Committee. (9) The Vice-Chancellor shall have the following further powers, namely:- (i) to appoint such Professors, Readers, Lecturers and other teachers as may be necessary with the prior approval of the Board of Management. (ii) to appoint course writers, script writers, councillors, programmers, artists and such other persons as may be considered necessary for the efficient functioning of the University. (iii) to make short-term appointments for a period not exceeding six months at a time, of such person as may be considered necessary for the functioning of the University; (iv) to arrange for the establishment and maintenance of Regional and Study Centres at different places as may be required from time to time and delegate to any employee such powers as are necessary for their efficient functioning.