The Karnataka State Open University Act, 1992
Chapter II THE UNIVERSITY
Chapter II 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 (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. (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. (1) The Registrar shall be appointed by the Chancellor in consultation with the Vice-Chancellor and the State Government. (2) The Registrar shall, while performing the function of the Vice-Chancellor under sub-clause (6) of clause 1 shall continue in office notwithstanding the expiration of his term of office as Registrar until a new Vice-Chancellor assumes his office or until existing Vice-Chancellor attends to the duties of his office, as the case may be. (3) The emoluments and terms and conditions of service of the Registrar shall be such as may be prescribed by the Ordinances. (4) The Registrar shall assist the Vice-Chancellor in respect of such matters as may be specified by the Vice-Chancellor in this behalf from time to time and shall also exercise such power and perform such functions as may be delegated to him by the Vice-Chancellor. (5) The Registrar shall have power to take disciplinary action against such of the employees, excluding teachers and other members as may be specified by the Board of Management by order. (6) An appeal shall lie to the Vice-Chancellor against any order made by the Registrar in pursuance of sub-clause (5). (7) In cases where an inquiry discloses that a punishment beyond the power of the Registrar is called for, he shall, consequent to the enquiry, make a report to the Vice-Chancellor along with his recommendations for such action as the Vice-Chancellor may deem fit: Provided that an appeal shall lie to the Board of Management against an order of the Vice-Chancellor imposing any penalty. (8) The Registrar shall be ,- (i) the Secretary to the Board of management; (ii) the Member Secretary of the Academic Council (9) The Registrar shall ,- (a) be the custodian of the records, the common seal and such other properties of the University as the Board of Management may commit to his charge; (b) issue notices and convene meetings of the Board of Management, the Academic Council and of the Committees appointed by those authorities; (c) keep the minutes of the meetings of the Board of management, the Academic Council and of the committees appointed by such authorities. (d) conduct the official proceedings and correspondence of the Board of Management, the Academic Council; (e) supply to the Chancellor a copy of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of such meetings; (f) represent the University in suits or proceedings by or against the University, sign powers of attorney, verify pleading and depute his representatives for the purpose; (g) perform such other functions as may be specified in the Statutes. Ordinances or Regulations or as may be required from time to time by the Board of Management or the Vice-Chancellor. (7) In cases where an inquiry discloses that a punishment beyond the power of the Registrar is called for, he shall, consequent to the enquiry, make a report to the Vice- Chancellor along with his recommendations for such action as the Vice-Chancellor may deem fit: Provided that an appeal shall lie to the Board of Management against an order of the Vice-Chancellor imposing any penalty. (8) The Registrar shall be ,- (i) the Secretary to the Board of management; (ii) the Member Secretary of the Academic Council (9) The Registrar shall ,- (a) be the custodian of the records, the common seal and such other properties of the University as the Board of Management may commit to his charge; (b) issue notices and convene meetings of the Board of Management, the Academic Council and of the Committees appointed by those authorities; (c) keep the minutes of the meetings of the Board of management, the Academic Council and of the committees appointed by such authorities. (d) conduct the official proceedings and correspondence of the Board of Management, the Academic Council; (e) supply to the Chancellor a copy of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of such meetings; (f) represent the University in suits or proceedings by or against the University, sign powers of attorney, verify pleading and depute his representatives for the purpose; (g) perform such other functions as may be specified in the Statutes. Ordinances or Regulations or as may be required from time to time by the Board of Management or the Vice-Chancellor. Notwithstanding anything contained in the principal Act, anything done, any action taken or any proceeding held (including any appointment or delegation made or order, instrument or direction issued) by the University or any authority, officer or employee of the University with effect from the First day of June 1996 under the statutes, ordinances, regulations or rules of the Mysore University which are deemed to be, the statutes, ordinances or regulations of the University under section 42 of the principal Act and have continued as such, shall be deemed to be as valid and effective as if the provisions of section 42 of the principal Act as inserted by this Act and the statutes, ordinances or regulations continued under that section were in force at all relevant times when such thing, action or proceeding was done, taken or held.
Chapter II THE UNIVERSITY
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. (1) Every Dean shall be appointed by the Board of Management on the recommendation of ,- (i) the Vice-Chancellor, in case the candidate to be appointed is already a teacher of the University; and (ii) a Selection Committee constituted for the purpose, in case the candidate to be appointed is from outside the University. (2) Every Dean shall be a whole time salaried officer of the University: Provided that one of the Deans shall be in-charge of the administrative affairs of the teachers. (3) The emoluments and other conditions of service of the Dean shall be prescribed by the Ordinances: Provided that a Dean shall retire on attaining the age of sixty years. (4) A Dean shall exercise such powers and perform such functions as may be prescribed by the Ordinances.
Chapter II THE UNIVERSITY
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 ; (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; (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) The Registrar of Examination shall be appointed by the Chancellor in consultation with the Vice-Chancellor and the State Government and he shall be a whole-time salaried officer of the University. (1) The Registrar of Examination shall be appointed by the Chancellor in consultation with the Vice-Chancellor and the State Government and he shall be a whole-time salaried officer of the University. (2) The emoluments and other conditions of service of the Registrar of Examination shall be prescribed by the Ordinances.
Chapter II THE UNIVERSITY
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. (1) The Finance Officer shall be appointed by the Chancellor in consultation with the Vice-Chancellor and the State Government. He shall be a whole-time officer of the University and shall work under the control of the Vice-Chancellor. (2) The emoluments and other conditions of service of the Finance Officer shall be as prescribed by the Ordinances. (3) When the office of the Finance officer is vacant or when the Finance Officer is by reason of ill health absence or any other cause unable to perform his functions as Finance Officer, his functions shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (4) The Finance Officer shall, - (a) exercise general supervision of the funds of the University and advise it as regards its financial policies; (b) perform such other financial functions as may be assigned to him by the Board of Management or as may be prescribed by the Statutes or the Ordinances: Provided that the Finance Officer shall not incur any expenditure or make any investment exceeding one lakh of rupees without the previous approval of the Board of Management. (5) Subject to the control of the Vice-Chancellor and the Board of Management, the Finance Officer shall,- (a) hold and manage the properties and investments of the University including trust and immovable properties for fulfilling any of the objects of the University. (b) ensure that the limits fixed by the Finance Committee for recurring and non-recurring expenditure for a year are not exceeded and the money is expended or spent for the purposes for which it was granted or allotted; (c) be responsible for the preparation of the annual accounts and the budget of the University and for their presentation to the Board of Management after they have been considered by the Finance Committee; (d) keep a constant watch on the cash and the Bank balances and investments; (e) watch the progress of collection of revenue and advise on the methods of collection employed; (f) ensure that the registers of properties of the University are maintained properly and that stock checking is conducted of equipments and other materials in the office of the University including Regional Centres, Study Centres and other institutions maintained by the University; (g) bring to the notice of the Vice-Chancellor any unauthorised expenditure or other financial irregularities and suggest appropriate action against persons at fault; (h) call from any office of the University including Regional Centres, Study Centres and other institutions maintained by the University, any information or reports that he may consider necessary for the performance of his functions. (6). Any receipt given by the Finance Officer or by the person or persons duly authorised in this behalf by the Board of Management shall be a sufficient discharge for payment of moneys to the University.
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