Chapter II THE INSTITUTE AND SPONSORING BODY

Proposal for the establishment of the University.-

1. (1) The Foundation shall have the right to establish the university of unitary in nature as an institute subject to and in accordance with the provisions of this Act.
2. (2) The proposal to establish a Institute shall be made to the State Government by the Foundation.
3. (3) The proposal consists of the following particulars, namely:-
   • (i) the objects of the Institute along with the details of the Foundation;
   • (ii) the extent and status of the Institute and the availability of land;
   • (iii) the nature and type of programmes of study and research to be undertaken by the Institute during a period of 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 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 Institute 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 varying rate of fee, if any, that would be levied on students who are either non resident Indians or persons of Indian origin or sponsored by non resident Indians or persons of Indian origin and students of nationalities other than India;
   • (xi) the years of experience and expertise in the concerned discipline at the command of the Foundation as well as the financial resources;
   • (xii) the system for selection of students to the courses of study at the Institute; and
   • (xiii) status of fulfillment of such other conditions as may be required by the State Government to be fulfilled before the establishment of the Institute.
4. (4) A Screening Committee shall be constituted by the State Government consisting of three members who are ex-officio members of the State Higher Education Council to examine the proposals received, which shall make recommendations to the State Government.

Establishment of the Institute.-

1. (1) Where the State Government, after considering the recommendations of the screening Committee and holding such inquiry as it may deem necessary, is satisfied that the Foundation has ability to run an Institute with sufficient infrastructure based on the furnished particulars required in sub-section
2. (3) of section 3, it may direct the foundation to establish the permanent Statutory Endowment Fund as specified in section 47.
3. (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 as an institute in the State by the name of "Institute of Trans-Disciplinary Health Sciences and Technology".
4. (3) The headquarters of the Institute shall be at such place, as may be decided by the Sponsoring Body in the State. The Institute shall have Campuses or Regional Centres, Study Centres within the state subject to norms of UGC and other National Accreditation bodies.
5. (4) The First Chancellor, the First Director, 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- Institute.
6. (5) On sanction for the establishment of the Institute under sub-section (2), the land and other movable and immovable properties acquired, created, arranged or built by the Foundation for the purpose of the Institute shall vest in the Institute.
7. (6) In all suits and other legal proceedings by or against the Institute, 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.
8. (7) The land, building and other properties of the Institute shall not be used for any purpose other than incidental to the objects of the Institute.

Power to establish constituent college, Regional Centres or study centres.- The Institute may have Constituent Colleges, Regional Centres and Study Centres at such places in the State as it deems fit subject to norms of UGC and other National Accreditation bodies.

Effect of incorporation.- On and from the appointed day,-

1. (a) any reference to the Institute for Trans-disciplinary Health Sciences and Technology in any contract or other instrument shall be deemed as a reference to the Institute;
2. (b) all the rights and liabilities of the Foundation shall be transferred to, and be the rights and liabilities of, the Institute; and
3. (c) every person employed by the Foundation immediately before the appointed day, shall hold office or service in the Institute by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same, if this Act had not been passed, and shall continue to be so, unless and until his employment is terminated or until such tenure, remuneration, terms and conditions are duly altered by the Institute: Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the Institute in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the Institute of compensation equivalent to three months’ remuneration in the case of permanent employee and one month’s remuneration in the case of other employee.

Insertion of new section 16A.- After section 16 of the principal Act, the following new section shall be inserted, namely: - “16A. Pro-chancellor.-

1. (1) The Pro-chancellor shall be an officer of the University appointed by the Chancellor on the recommendation of a committee constituted by the Chancellor consisting of an eminent Ayurveda Physician, an eminent scientist and an eminent person who has contributed to public affairs.
2. (2) Pro-chancellor shall have such powers and discharge such functions as specified in the statutes.
3. (3) on assuming office of chancellor, he shall have such powers as specified in sub-section
4. (3) of section 16.”

Powers of the Institute.- Subject to the provisions of this Act, the Institute shall exercise the following powers and perform the following duties, namely:-

1. (a) to provide for, research, design of strategic outreach programs and impart instruction in such aspects of Trans-disciplinary medicine and health sciences, including public health, management of infectious diseases, surgery, biomedical engineering, biostatistics, sociology and history of medicine, bioinformatics, management studies, and arts and culture and for the advancement of learning and dissemination of knowledge;
2. (b) to develop innovative patterns of teaching in under graduate and post graduate health science education, in all its branches and in allied physical and biological sciences, so as to demonstrate new models of education in health sciences and technology of high standards;
3. (c) to hold examinations and grant degrees, diplomas, certificates and other academic distinctions or titles;
4. (d) to confer honorary degrees or other distinctions;
5. (e) to fix, demand and receive fees and other charges not prohibited by any law for the time being in force;
6. (f) to establish, maintain and manage halls and hostels for the residence of students;
7. (g) to supervise and control the residence and regulate the discipline of students of the Institute and to make arrangements for promoting their health, general welfare and cultural and corporate life;
8. (h) to institute academic and other posts, and to make appointments thereto;
   • (i) to frame Statutes and Regulations and to alter, modify or rescind the same;
9. (j) to deal with any property belonging to or vested in the Institute in such manner as the Institute may deem fit for advancing the objects of the Institute;
10. (k) to receive gifts, grants, donations or benefactions and to receive bequests and transfers of movable or immovable properties from testators, donors or transferors, or take on loans, as the case may be;
11. (l) to co-operate or collaborate with educational or other institutions having objects wholly or partly similar to those of the Institute by exchange of teachers and scholars and generally in such manner as may be conducive to their common objects;
12. (m) to institutes and award fellowships, scholarships, exhibitions, prizes and medals;
13. (n) to establish standards, systems and benchmarks for various aspects of Trans-disciplinary health sciences;
14. (o) to undertake consultancy in the areas or disciplines relating to the Institute;
15. (p) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Institutes;

Institute open to all classes, castes, creed, gender or nation.- The admissions to Institute shall be open to all persons irrespective of class, caste, creed, gender or nation. All admissions shall be made on the basis of merit in the qualifying examinations: 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 made through a Common Entrance Examination conducted by the State Government or its agency and seats shall be allotted as per the merit and reservation policy of the State Government from time to time. Provided further that where there are less than ten seats in any course like Post Graduate, they shall be reserved by clubbing such courses together and where there are less than three posts in any course they shall be reserved by rotation.

Amendment of section 27.- In section 27 of the principal Act, in clause (vi), for the words "sponsoring body" the words "chancellor on the recommendation of the Board of Governors" shall be substituted.

Grants and Financial Assistance.- The Institute 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: Provided that the State may, provide financial support through grants or otherwise,-

1. (a) for research, development and other activities for which other State Government organizations are provided financial assistance; or
2. (b) for any specific research or programmes receiving support from the Government; and
3. (c) for the benefit of similar universities in the State whether subject to a change in State policy or otherwise:

Power to establish Schools Power to establish Schools.- The Institute, may establish Schools for,-

1. (i) Trans-disciplinary Health Sciences
2. (ii) Trans-disciplinary Studies
3. (iii) Educational innovation and strategic outreach
4. (iv) Conservation of natural medicinal resources
5. (v) Bio-medical engineering
6. (vi) Social sciences, humanities and management studies
7. (vii) Any other knowledge area on recommendation of the Academic council and Board of Management and with approval of the State Government and concerned national accreditation bodies
8. (viii) Schools shall be headed by Deans
9. (ix) The Institute may also establish Centers with specific foci under the Schools.

Powers of the sponsoring body.- The sponsoring body shall have the following powers with reference to the Institute, each of which may be exercised by the Sponsoring Body at its discretion, namely:-

1. (i) to appoint or re-appoint the Chancellor of the Board of Governors;
2. (ii) to constitute the Board of Governors of the Institute;
3. (iii) to nominate upto four persons as members of the Board of Management each of which shall be eminent professionals or researchers;
4. (iv) to determine the source of funds to be contributed to the Institute Endowment Fund;
5. (v) to determine the policies for application and spending of moneys by the Institute;
6. (vi) to resolve a Conflict at the meeting of the Board of Governors in the manner provided for in this Act.