The Karnataka State Open University Act, 1992
Chapter VIII MISCELLANEOUS
Chapter VIII MISCELLANEOUS
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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