Chapter VI MISCELLANEOUS

The University shall publish in its official website, the Act, Regulations, Public Notices and other instructions of concerned National Accreditation Body and the Acts, Rules, Regulations, Orders, Circulars and instructions of the Government. And also the proceedings of every meeting of the Board of Governors, Board of Management, the Academic Council, The Finance Committee within 48 hours of the signature on the proceedings of the said meeting by the Competent Authority. The details of the Programmes/Courses offered by the University, its sanctioned intake, eligibility for

(1) Every employee shall be appointed under a written contract subject to such terms and conditions as may be specified by statutes and regulations or prescribed if any by rules which shall be kept in the University and a copy of which shall be furnished to the employee concerned. (2) Disciplinary action against the employees shall be governed by the procedure specified in the Statutes. (3) Any dispute arising out of the contract between the University and an employee shall, be resolved in the manner provided for in the written contract and in accordance with the Statues and as per existing Regulations of the University Grants Commission.

In case of disciplinary actions by the University against its employee or student, the aggrieved employee or students shall have a right to appeal to such authority as specified by the statutes and as per existing University Grants Commission, relevant Government of India and Government of Karnataka Rules and Regulations.

The University shall constitute for the benefit of its employees such Provident or Pension Fund and provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be specified by the statutes and the laws in force.

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.

Any other authority of the University mentioned in section 29, shall be empowered to constitute a committee of such authority, consisting of such members of such authority and having such powers as the authority may deem fit.

Any casual vacancy among the members, other than ex-officio members of any Authority or body of the University shall be filled in the same manner in which the member whose vacancy is to be filled up, was chosen, and the person filling the vacancy shall be a member of such authority or body for the residual term for which the person in whose place he would have been a member.

Notwithstanding anything contained in any other provisions of this Act and the Statues, (i) the first Vice-Chancellor and Pro Vice-Chancellor, if any shall be appointed by the Chancellor; (ii) the first Registrar and the first Finance Officer shall be appointed by the Chancellor; and (iii) the first Board of Management, the first Finance Committee, the first Innovation and Research Council and the first Academic Council shall be constituted by the Chancellor.

(1) The University shall establish a Permanent Statutory Endowment Fund of at least Rs. 25,00,00,000 jointly in the name of the Chancellor of the University and Secretary of the Government Higher Education Department, out of which at least Rs. 15,00,00,000 shall be in cash and remaining in the form of Bank Guarantee, which may be increased suo moto but shall not be decreased: (2) The University shall have power to invest the permanent Statutory 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 permanent Statutory Endowment Fund. Excepting in the event of dissolution of the University, in no other circumstances can any monies‟ be transferred from permanent Statutory Endowment Fund for other purposes. (4) Seventy five percent of the incomes received from permanent Statutory Endowment Fund shall be used for the purpose of development or general work of the University. The remaining twenty five percent shall be reinvested in the permanent Statutory Endowment Fund.

(1) The University shall establish a Endowment Fund having such funds as may be determined by the Sponsoring Body which can include donations and other funds received from time to time. (2) The University shall have the power to invest the University Endowment Fund in a manner as may be specified by the Statutes. (3) The University Endowment Fund is a self-imposed fund that the University desires to maintain voluntarily and invest it responsibly to protect itself from financial challenges that may arise on account of pursuing social objectives and/or unforeseen circumstance. (4) The University may transfer any amount from the General Fund or the development fund to the University Endowment Fund. Excepting in the event of dissolution of the University, in no other circumstances can any monies be transferred from the University Endowment Fund for other purposes. (5) Eighty percent of the incomes received from the University Endowment Fund shall be used for the purposes of development or general work of the University. The remaining twenty percent shall be reinvested into the University Endowment Fund.

(1) The University shall establish a General Fund to which the following amount shall be credited, namely:- (i) all fees which may be charged by the University; (ii) all sums received from any other source not prohibited by any law for the time being in force: (iii) all contributions made to the University; (iv) all contributions or 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 funds credited to the General Fund shall be applied to meet all the recurring expenditure of the University.

(1) The University shall establish a Development Fund to which the following funds shall be credited, namely:- (i) all sums received from any other source for the purposes of the development of the University; (ii) all contributions made by the University; (iii) all contributions or donations made in this behalf by any other person or body; which are not prohibited by any law for the time being in force; and (iv) all incomes received from the Permanent Statutory Endowment Fund. (2) The funds credited to the Development Fund from time to time shall be utilized for the development of the University.

The funds established under sections 48, 49, 50 and 51 shall subject to general supervision and control of the Board of Governors, be regulated and maintained in such manner as may be prescribed.

(1) The Annual Report of the University shall be prepared under the direction of the Board of Management and shall be submitted to the Board of Governors for its approval. (2) The Board of Governors shall consider the annual report in its meeting and may approve the same with or without modification. (3) A copy of the annual report duly approved by the Board of Governors shall be sent to the Visitor and the Government before 31st December following close of the financial year in March of each year. A copy of the Annual Report shall be published on the website of the University not later than 31st December of every year.

(1) The annual accounts and balance sheet of the University shall be prepared under the direction of the Board of Management and all funds accruing to or received by the University from all source and all amount disbursed or Paid shall be entered in the account maintained by the University. (2) The annual accounts of the University shall be audited by an auditor, who is a member of the Institute of Charted Accountants of India, every year. (3) A copy of the annual accounts and the balance sheet together with the audit report shall be submitted to the Board of Governors before 30th November following close of the financial year in 31st March of each year. (4) The annual accounts, the balance sheet and the audit report shall be considered by the Board of Governors at its meeting and the Board of Governors shall forward the same to the visitor and the Government along with its observation thereon on or before 31st December of each year. (5) In the event of any material alteration in the Report of the Auditors, the Government may issue directions to the University, to rectify the alterations and such directions shall be binding on the University. (6) A copy of the annual accounts and audit report shall be published on the website of the University every year.

A copy of any receipt, application, notice, order, proceeding or resolution of any authority or committee of the University or other documents in possession of the University or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein recorded where the original thereof would, if produced, have been admissible in evidence.

The Government may give such directions to the University as in its opinion are necessary or expedient for carrying out the purposes of this Act or to give effect to any of the provisions contained therein or of any rules or orders made there under and the Board of Governor or the Board of management, as the case may be, of the University shall comply with every such direction.

(1) Whoever contravenes the provisions of this Act or the rules made thereunder or any examination matters or in matters relating to award of degrees or in giving marks cards shall on conviction be punishable with fine of not less than Rs. 50,000 which may extend to Rs. 10,00,000 or with an imprisonment for a term of not less than six months which may extend to two years or with both: Provided that, where the University is also involved in committing the offence the permission letter granted under this Act to commence the University shall be withdrawn. (2) A penalty under this section may the imposed without prejudice to the penalty specified in any other Act.

Any officer not below the rank of Group „A‟ officer authorized by the Government in this behalf, shall, subject to such conditions as may be specified therein under the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (Karnataka Act 37 of 1984) shall be deemed to be the Officer authorized to exercise the same powers and

(1) If the University proposes dissolution in accordance with the law governing its constitution or incorporation, it shall give at least six months prior notice in writing to the Government. (2) The Karnataka State the Higher Education Council shall conduct periodical Inspection of University regarding,- (i) standard of Instructions for grant of degree; (ii) quality of Education; (iii) avoidance of commercialization of Higher Education; and (iv) contravention of the provisions of the Act, if any; - and send report to the Government within ten days from the conduct of this inspection. The Inspection Report shall also be published on the website of the Karnataka State Higher Education Council. (3) On identification of mismanagement, maladministration and indiscipline, the Government shall issue directions to the management of the University to set right the administration. If the direction is not followed within such time as may be prescribed, the right to appoint an administrator or winding up of University or take decision on for winding up of the University or any course thereof shall vest with the Government. (4) The manner of winding up of the University or any course thereof shall be such as may be prescribed by the Government in this behalf: Provided that, no such action shall be initiated without affording a reasonable opportunity to show cause to the University. (5) On receipt of the notice referred to in sub-section (1) the Government shall, in consultation with the relevant Regulatory Authority make such arrangements for administration of the University from the proposed date of dissolution of the University or winding up of the course and until the last batch of students in regular courses of studies of the University complete their courses of studies in such manner as may be prescribed.

(1) The expenditure of administration of the University during taking over period of its management under sub-section (5) of section 61 shall be met out of the Permanent Statutory Endowment Fund, the General Fund or the Development Fund in such manner as may be prescribed. (2) If the fund referred to in sections 48, 49, 50 and 51 are not sufficient to meet the expenditure of the University during the taking over period of its management, such expenditure may be met by disposing of the properties or assets of the University, by the Government. (3) Where the dissolution of the University is due to mismanagement or maladministration, the Government is at liberty to identify the persons responsible for such mismanagement or maladministration and to impose penalty as it deems fit. The right to appoint an Administrator or winding up of the University or taking any other course of action thereof shall vest with the Government.

(1) Notwithstanding anything contained in any Law for the time being in force in the State where based on inspection report of Higher Education Council it is found that any private university is violating the,- (a) standard of instructions for grant of degree; (b) quality of education; (c) avoidance of commercialization of Higher Education; or (d) the provisions of the Act in which it is established. the Government is of opinion that, in spite of the directions by the Government, the university has not complied with it and has continued to mismanage, mal-administer and to practice indiscipline, then before directing for winding up of the management of the University, shall either in the public interest or in order to secure the proper management of the University be taken over, it may, after giving one month's notice to the Chancellor or Sponsoring Body in charge of the management of the University to make any representation, direct by notification, that the management of the University shall with effect on and from the date specified therein shall vest in the Government for a period of one year: Provided that, if the Government is of the opinion that in order to secure the proper management of the University, it is expedient that such management shall continue to vest in the Government after the expiry of the said period of one year, it may issue direction for the continuance of management for a further period not exceeding one year as it may think fit, so however, the total period for which management shall continue to vest in the Government shall not, in any case, exceed two years. (2) The University referred to in sub-section (1), shall be deemed to include all assets, rights and lease holds, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, stores instruments and vehicles, cash balances, revenue fund, investments and book debts and all other rights and interests arising out of such property as were immediately before the date of taking over of the management under sub-section (1) in the ownership, possession, power or control of the management of the University and all books of account, registers and all other documents of whatever nature relating thereto. (3) All persons, in whom the management of the University vested immediately before the taking over shall, as from the date aforesaid, cease to be so vested and shall be deemed to have vacated their offices as such on the date aforesaid. (4) Notwithstanding anything in any other law for the time being in force, no person who ceases to hold any office by reason of the provisions contained in sub-section (3) shall be entitled to claim any compensation for the premature termination of the contract of management or other arrangement or for the cessation of management or for the loss of office, as the case may be. (5) Notwithstanding any judgment, decree or order of any court, tribunal or other authority or anything contained in any other law for the time being in force, every person in whose possession or custody or under whose control the University or any part thereof or any properties attached thereto vest shall transfer the same to the Administrative officer appointed by the Government for the purpose of carrying on the management of the University for and on behalf of the Government, or where no Administrative officer is appointed, to such other person as the Government may direct. (6) For the removal of any doubt, it is hereby declared that any liability incurred by the management in relation to the Private University before the taking over shall be enforceable against the said Governing Council or sponsoring body and not against Government or the Administrative Officer. (7) The amount payable in respect of the vesting in the Government, the University under sub-section (1) shall be an amount equal to the average net annual surplus income of the University during the period of its existence or the period of five consecutive accounting years immediately preceding the date of such vesting whichever is less: Provided that, no such amount shall be payable if the sponsoring body or Governing Council under which the University is found makes provision for the running of the University. (8) The amount payable under sub-section (7) shall subject to rules made under this Act, be paid by the Government to the person interested in the University in such manner and within such time as may be prescribed.

(1) After the expiry of the period specified in sub-section (1) of section 61, the management of the University shall vest in accordance with the order, if any, of any court and if there be no such order, vest in the Governing Council or managing committee or sponsoring body (by whatever name called) of the University or such other body or person, as the case may be, entitled thereto. (2) If at any time before the expiry of the period referred to in sub-section (1) of section 61, it appears to the Government that the purpose of vesting of the management of the University in the Government has been fulfilled or that for any other reason it is not necessary that the management of the University shall remain vested in the Government, it may, by order published in the official Gazette, relinquish the management of the University with effect from such date as may be specified in the order. (3) On and from the date specified under sub- section (1) the management of the University shall be transferred in accordance with the order, if any, of any court, and if there be no such order, shall be transferred to the Governing Council or managing committee or sponsoring body (by whatever name called) of the University or such other body or person, as the case may be, entitled thereto.

Any person who obstructs an officer of the Government in the exercise of any power conferred on him or in the performance of any function entrusted to him by or under this Act or any other person lawfully assisting such officer in the exercise of such power or in the performance of such function or who fails to comply with any lawful direction made by such officer or person shall be punished with fine which may extend to Rs. 1,00,000.

Whoever instigates or abets the commission of any offence punishable under this Act shall, on conviction, be punished with the punishment provided for the offence.

(1) Where an offence against any of the provisions of this Act or any rule made there under has been committed by a company, every person who at the time of the offence was committed, was in charge of and was responsible to the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that, nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commission of the such offence. (2) Notwithstanding anything contained in sub-section (1), where any such offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section:- (a) “company, trust, firm, society” means respectively a company defined under the Companies Act, 1956 (Act No.1 of 1956), trust defined under the Indian Trust Act, 1882 (Act No.2 of 1882), firm defined in the Indian Partnership Act, 1932 (Act No.9 of 1932), Society defined in the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960) or other association of individuals; and (b) “director‟‟ in relation to:- (i) a company means the director as defined in sub-section (13) of section 2 of the Companies Act, 1956 and partner means a partner in the firm; (ii) a society, a trust or other association of individuals, means the person who is entrusted under the relevant provisions of the Act or rules of the society, trust or other association with management of the affairs of the society, trust or other association, as the case may be.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by a notification or by order, make such provisions, which are not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient, for removing the difficulty: Provided that, no notification or order under this section shall be made after the expiry of a period of five years from the date of commencement of this Act. (2) Every Order made under sub- section (1), shall, as soon as may be after it is made, be laid before the State Legislature.

(1) The Government may make rules by notification, to carry out the purposes of this Act. (2) Every rule made under this Act shall be laid as soon, as may be after it is made 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 session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 rule.