The Kannada University Act, 1991
Chapter IX MISCELLANEOUS
Chapter IX MISCELLANEOUS
38. Filling of casual vacancies
All 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 conveniently may be, by the person or body who or which nominated the member whose place has become vacant and the person nominated 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: Provided that no casual vacancy shall be filled if such vacancy occurs within six months before the date of the expiry of the term of the member of any authority or other body of the University.
Chapter IX MISCELLANEOUS
39. Proceedings of the University authorities and bodies not invalidated by vacancies
No act or proceeding of any authority or other body of the university shall be invalidated merely by reason of the existence of any vacancy or of any defect or irregularity in the appointment of a member of any authority or other body of the University or of any defect or irregularity in such act or proceeding not affecting the merits of the case or on the ground only that the Governing Council did not meet thrice in any year.
Chapter IX MISCELLANEOUS
40. Removal from membership of the University
(1) The Executive Council may remove by an order in writing made in this behalf any person from membership of any authority of the University by a resolution passed by a majority of the total membership of the Executive Council and by a majority of not less than two thirds of the members of the Executive Council present and voting at the meeting, if such person has been convicted by a criminal court for an offence which in the opinion of the Executive Council involves moral turpitude or if he has been guilty of gross misconduct and for the same reason, the Executive Council may withdraw any degree or diploma conferred on or granted to that person by the University. (2) The Executive Council may also by an order in writing made in this behalf, remove any person from membership of any authority of the University if he becomes of unsound mind, deaf, mute or suffers from leprosy or has applied to be adjudicated or has been adjudicated as an insolvent. (3) No action under this section shall be taken against any person unless he has been given a reasonable opportunity to show cause against the action proposed to be taken. (4) A copy of every order passed under sub-section (1) or sub-section (2), as the case may be, shall, as soon as may be, after it is so passed be communicated to the person concerned in the manner prescribed.
Chapter IX MISCELLANEOUS
41. Disputes as to constitution of University authorities and bodies
If any question arises whether any person has been duly nominated as or is entitled to be a member of any authority of the University or other body of the University, the question shall be referred to the Chancellor whose decision thereon shall be final.
Chapter IX MISCELLANEOUS
42. Constitution of committees
All the authorities of the University shall have power to constitute or reconstitute committees and to delegate to them such of their powers as they deem fit. Such committees shall save as otherwise provided, consist of members of the authority concerned and of such other persons, if any, as the authority in each case may think fit.
Chapter IX MISCELLANEOUS
43. Power to obtain information
Notwithstanding anything contained in this Act or any other law for the time being in force, the Government may, by order in writing, call for any information from the University on any matter relating to the affairs of the University and the University shall, if such information is available with it, furnish the Government with such information within a reasonable period:
Chapter IX MISCELLANEOUS
44. Appointment of first Vice-Chancellor
Notwithstanding anything contained in sub-section (1) of section 13 within six months from the date on which this Act comes into force, the first Vice-Chancellor shall be appointed by the State Government 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.
Chapter IX MISCELLANEOUS
45. Appointment of the first Registrar
Notwithstanding anything contained in sub-section (1) of section 15, within six months from the date on which this Act comes into force the first Registrar shall be appointed by the State 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 Register shall retire from office, if during the term of his office, he completes the age of fifty-eight years.
Chapter IX MISCELLANEOUS
46. Appointment of the first Finance Officer
Notwithstanding anything contained in section 16, within six months from the date on which this Act comes into force shall be appointed by the State Government on a salary to be fixed for a period not exceeding three years and on such other conditions as it thinks fit.
Chapter IX MISCELLANEOUS
47. Transitory powers of the first Vice-Chancellor
It shall be the duty of the first Vice-Chancellor to make arrangements for constituting the Governing Council, Executive 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 Executive Council 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.
Chapter IX MISCELLANEOUS
48. Special mode of appointment
(1) The Executive Council may invite a person of high academic distinction and professional attainments to accept a post of a Professor in the University on such terms and conditions as it deems fit, and on the person agreeing to do so, appoint him to the post, subject to the approval by the Chancellor. (2) The Executive Council may appoint a teacher or any other member of the academic staff working in any other University or organisation for undertaking a joint project in accordance with the manner prescribed.
Chapter IX MISCELLANEOUS
49. Power to amend Schedule
The Government may, by notification, alter, amend or add any statute to the Schedule and upon the issue of such notification, the Schedule shall be deemed to be amended accordingly.
Chapter IX MISCELLANEOUS
50. 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 in 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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