Bare Act
Chapter II THE UNIVERSITY AND SPONSORING BODY
Chapter II THE UNIVERSITY AND SPONSORING BODY
3. Proposal for the establishment of the University
(1) The society shall have the right to establish the University of Unitary in nature subject to and in accordance with the provisions of this Act. (2) The proposal to establish a University shall be made to the Government by the society. (3) The proposal shall contain the following particulars, namely:- (i) the objects of the University along with the details of the Society; (ii) the extent and status of the University and the availability of land and the land shall be in the name of the society; (iii) the nature and type of programmes of study and research to be undertaken by the University during a period of five academic years immediately following the commencement date; (iv) the nature of faculties, courses of study and research proposed to be started; (v) the campus development such as buildings, equipment and structural amenities; (vi) the phased outlays of capital expenditure for a period of five academic years immediately following the commencement date; (vii) the item-wise recurring expenditure, sources of finance and estimated expenditure for each student; (viii) the scheme for mobilizing resources and the cost of capital thereto and the manner of repayments to each source; (ix) the scheme of generation of funds internally through the recovery of fee from students, revenues anticipated from consultancy and other activities relating to the objects of the University and other anticipated incomes; (x) the details of expenditure on unit cost, the extent of concessions or rebates in fee, freeship and scholarship for students belonging to economically weaker sections and the fee structure indicating
Chapter II THE UNIVERSITY AND SPONSORING BODY
4. Establishment of the University
(1) Where the Government, after considering the recommendations of the Screening Committee and holding such inquiry as it may deem necessary, is satisfied that,- (i) the society has ability to run an University with sufficient infrastructure; (ii) is the sole owner of land to the extent of twenty acres; (iii) land in the name of society to the extent specified below in accordance with its location, namely:- (a) The Land shall be in single block or two blocks only including whole area in the limits of Bruhat Bengaluru Mahanagara Palike as well as Bengaluru metropolitan Region Development Authority; (b) It shall be in single block or two blocks within the limits of Mysuru, Mangaluru, Hubballi-Dharwad, Belagavi, Kalaburagi, Tumakuru, Ballari, Shivamogga, Davangere and Vijayapura Municipal Corporation and related planning areas. (c) Single block or two blocks in the Places other than the places specified in clause (a) and (b): Provided that, the university shall fulfill all other conditions specified in Government Order No. ED/449/URC/2016, dated: 24.01.2017 and with amendments. (iv) Adequate financial resources for creating the specified Statutory Funds and conducting the University affairs; and (v) experience/expertise in running higher Education Institutions. Based on the furnished particulars required in sub-section (3) of section 3, the Government may direct the Society to establish the permanent Statutory Endowment Fund as specified in section 48. (2) After the establishment of the Permanent Statutory Endowment Fund, the Government may, by notification, in the official Gazette, accord sanction for establishment of the University of Unitary in nature in the State by the name of Acharya University. (3) The headquarters of the University shall be at Soladevanahalli, Bengaluru rural district. The University shall have Campuses or Regional Centres, Study: Centres anywhere in Karnataka after five years of establishment of the university subject to the prior permission of the University Grants Commission and then the Government. (4) The First Chancellor, the First Vice- Chancellor, the First Pro-Vice- Chancellor, the First members of the Board of Governors, First members of the Board of Management and the Academic Council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, shall constitute a body corporate and can sue and be sued in the name of the University. (5) On sanction for the establishment of the University under sub-section (2), the land and other movable and immovable properties acquired, created, arranged or built by the Society for the purpose of the University shall vest in the University. (6) In all suits and other legal proceedings by or against the University, the pleading shall be signed and verified by, and all processes in such suits and proceedings shall be issued to and be served on the Registrar. (7) The land, building and other properties of the University shall not be used for any purpose other than incidental to the objects of the University. (8) The university shall fulfill the minimum criteria in terms of programmes, faculty, infrastructural facilities, financial viability, etc., as laid down from time to time by the University Grants Commission and other concerned statutory bodies such as the All India Council for Technical Education (AICTE). (9) The courses of studies prescribed for a first degree and/or the post-graduate degree or diploma programmes shall have been formally approved by the respective academic bodies of the university, such as Board of Studies, Academic council and Governing or Executive Council and Board of Governors. (10) The programmes of study leading to a degree and/or a post-graduate degree or diploma offered by the university shall conform to the relevant regulations or as per University Grants Commission or the concerned statutory body as amended from time to time. (11) The university shall provide all the relevant information relating to the first degree and post graduate degree or diploma programme(s) including the curriculum structure, contents, teaching and learning process, examination and evaluation system and the eligibility criteria for admission of students, to the University Grants Commission on a proforma prescribed by the University Grants Commission prior to starting of these programmes and the same shall also be published in the university website as Mandatory Disclosure and a copy of it shall also be submitted to the Government. (12) The University Grants Commission on detailed examination of the information made available as well as the representations and grievances received by it from the students as well as concerned public relating to the deficiencies of the proposed programmes not conforming to various University Grants Commission Regulations, shall inform the concerned university about any shortcomings in respect of conformity to relevant regulations, for rectification. The university shall offer the programmes only after necessary rectification. The University shall inform immediately about such reports from the University Grants Commission to the Government and also about the action taken report on such rectifications recommended by the University Grants Commission. (13) The admission procedure and fixation of fees shall be in accordance with the norms/guidelines prescribed by the University Grants Commission and other concerned statutory bodies and the Government. As a part of mandatory disclosure the University shall disclose the number of seats sanctioned for each programme, intake and detailed fee structure on its website for information of all stakeholders. (14) The University Grants Commission and the Government may cause periodic inspection of the university and its off-campus centres, study centres etc., offering its programmes. For this purpose, the University Grants Commission and the Government may call for all relevant information from the university, as provided in the University Grants Commission (Returns of Information by Universities) Rules, 1979 as amended from time to time. (15) After inspection and assessment of the university providing first degree and/or post graduate degree or diploma courses, the University Grants Commission may indicate to the university any deficiency and non-conformity with the relevant University Grants Commission Regulations and give it reasonable opportunity to rectify the same. If the Commission is satisfied that the private university has, even after getting an opportunity to do so, failed to comply with the provisions of any of the Regulations, the Commission may pass an order prohibiting the private university from offering any course for the award of the first degree and /or the post – graduate degree or diploma, as the case may be, till the deficiency is rectified. The university shall communicate the directions given to them by University Grants Commissions within fifteen days to the Government. (16) The University Grants Commission and the Government may take necessary action against the university awarding a first degree and/ or a post-graduate degree or diploma and also for the institution of which prior approval was not taken from the Government by the university, which are not specified by the University Grants Commission, and inform the public in general through a public notification. The university continuing such programmes and awarding unspecified degrees shall be liable for penalty under section 24 of the University Grants Commission Act (Central Act 03 of 1956).
Chapter II THE UNIVERSITY AND SPONSORING BODY
5. Grants and Financial Assistance
The University shall be self- financing and shall neither make a demand nor shall be entitled to any maintenance grant-in-aid or any other financial assistance from the State or any other body or corporation owned or controlled by the State
Chapter II THE UNIVERSITY AND SPONSORING BODY
6. Power to establish constituent College, additional campuses, Regional Centres or Study Centres
The University may have Constituent Colleges, Regional Centres, additional campuses and Study Centres at such places in the State as it deems fit after the completion of five years after its establishment subject to the prior permission of the University Grants Commission and then the Government.
Chapter II THE UNIVERSITY AND SPONSORING BODY
8. Powers of the University
(i) to establish and maintain Campuses, Regional Centres and Study Centres in Karnataka after five years from the date of establishment of the University as may be determined by the University from time to time in the manner laid down by the Statutes subject to the prior permission of the University Grants Commission and then the Government. (ii) to carry out all such other activities as may be necessary or feasible in furtherance of the object of the University, (iii) to confer degrees or other academic distinctions in the manner and under conditions laid down in the Statutes; (iv) to institute and award fellowships, scholarships and prizes, awards, medals etc., in accordance with the Statutes; (v) to demand and receive such fees bills, invoices and collect charges as may be fixed by this Act, Statutes and Rules. (vi) to make provisions for extracurricular activities for students and employees; (vii) to make appointments of the Faculty, officers and employees of the University or a Constituent College, Campuses, Regional Centres and Study Centres; (viii) to receive voluntary donations and gifts of any kind not prohibited by any Law for the time being in force and to acquire, hold, manage, maintain and dispose of any movable or immovable property, including society and endowment properties for the purpose of the University or a Constituent College or a Campus, Regional Centres and Study Centre; (ix) to institute and maintain hostels and to recognize places of residence for students of the University or a Constituent College; (x) to supervise and control the residence and to regulate the discipline among the students and all categories of employees and to lay down the conditions of service of such employees, including the Code of Conduct for the students and employees; (xi) to create academic, administrative and support staff and other necessary posts; (xii) to co-operate and collaborate with other Universities in such a manner and for such purposes as the University may determine from time. (xiii) to organize and conduct refresher courses, orientation courses, workshops, seminars and other programmes for teachers, lesson writers, evaluators and other academic staff; (xiv) to determine standards of admission to the University or a Constituent College, Regional Centers, Study Centers with the approval of Academic Council and to make admission of students of Karnataka not less than the extent provided in this Act; (xv) to do all such other acts or things whether incidental to the powers aforesaid or not, as may be necessary to further the objects of the University; (xvi) to institute and award Degrees, Diplomas, Certificates and other academic distinctions with the prior approval of the Government and concerned statutory authority on the basis of regular or online examination or online evaluation or any other method of evaluation approved by the University Grants Commission and the Government; (xvii) to provide for the preparation of instructional materials, including films, cassettes, tapes, video cassettes, CD, VCD, Pen Drives and other software and other relevant electronic and print media; (xviii) to raise, collect, subscribe and borrow money with the approval of the Board of Governors whether on the security of the property of the University, for the purposes of the University; (xix) to acquire and takeover and run the management of any other educational institutions with the prior approval of the Government: (xx) to acquire properties with the prior approval of the Board of Management; (xxi) to undertake any other activities connected with or incidental to above objectives of the University; and (xxii) Mandatory Skill Development courses shall be conducted by the University.
Chapter II THE UNIVERSITY AND SPONSORING BODY
9. University open to all classes, Castes, creed, gender or nation
The University admissions shall be open to all persons irrespective of caste, class, creed, gender or nation. The criteria for admission programme wise and the detailed notification of the time line for admission and the available intake programme wise along with the prescribed fees including a break up of fees shall be notified as a part of mandatory disclosure on the University‟s website: Provided that, forty percent of the admissions in all courses of the university shall be reserved for the students of Karnataka State and admissions shall be done as below.- (i) for Technical and professional Courses admission shall be done on basis of the merit list through a Common Entrance Test conducted by the Central Government or Government or its agency, as the case may be or through any method as specified by the Government from time to time; (ii) in case of all non-technical courses the admission shall be done on the basis of the merit list prepared on the basis of marks obtained in the respective qualifying exams or through any method as specified by the Government from time to time: Provided further that, seats in the above cases in this section shall be allotted as per the merit and reservation policy of the Government framed from time to time.
Chapter II THE UNIVERSITY AND SPONSORING BODY
10. Powers of the Sponsoring Body
The Sponsoring Body shall have the following powers with reference to the University, each of which may be exercised by the Sponsoring Body at its discretion, namely:- (i) to appoint or re-appoint or terminate the appointment of the Chancellor; (ii) to constitute the first Board of Governors of the University; (iii) to nominate the chairperson of the Board of Governors; (iv) to nominate three persons as members of the Board of Governors; (v) to nominate two persons as members of the Board of Management; (vi) to determine the source of funds to be contributed to the University Endowment Fund; (vii) to determine the application and spending of monies by the University; and (viii) to resolve any conflict at the meeting of the Board of Governors in the manner provided for in this Act.
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