Chapter IX GENERAL

(1) Any member other than an ex-officio member of any authority or body of the University may resign his office by a letter addressed to the Registrar and the resignation shall take effect on receipt of the letter by the Registrar.

1. (2) A person who is a member of any authority or body of the University in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold office so long only as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be.
2. (3) A member of any authority or body of the University shall cease to be a member on his being convicted by a court of law for any offence which involves moral turpitude.

All casual vacancies amongst the members other than ex-officio members of any authority or other body of the University shall be filled, as soon as may be by the person or body who or which nominated the member whose place has become vacant and the persons nominated to a casual vacancy shall be member of such authority or body for the residue of the term for which the person in whose place he is nominated 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 members of any authority or other body of the University.

No suit or other legal proceedings shall lie against any employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or Ordinances or Rules made thereunder.

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 election, or appointment of a member of any authority or other body of the University or any defect or irregularity in such act or proceeding not affecting the merits of the case.

If any question arises whether any person has been duly elected or nominated as, or is entitled to be, a member of any authority of the

Transitory powers of the first Vice-Chancellor .- (1) It shall be the duty of the first Vice-Chancellor to make arrangements for constituting the Syndicate and other Authorities of the University within six months from the date of commencement of this Act or such longer period not exceeding one year as the Government may, by notification, direct.

1. (2) The fist Vice-Chancellor shall, in consultation with the Chancellor, make such rules as may be necessary for the functioning of the University.
2. (3) It shall be the duty of the first Vice-Chancellor to draft such Statutes as may be immediately necessary and submit them to the Competent Authority for approval.
3. (4) Notwithstanding anything contained in this Act and until such time an authority is duly constituted under the Act, 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.

.- The Vice-Chancellor, Registrar, Finance Officer and other employees of the University shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).

Ordinances and Rules are made under appropriate provisions of this Act, the Statutes, Ordinances, Regulations and rules which were made under the Karnataka State Universities Act, 1976 and in force immediately before the commencement of this Act shall, subject to such adaptations or modifications as may be made therein by the Vice-Chancellor with the approval of the Chancellor obtained through the Government, in so far as they are not inconsistent with the provisions of this Act be deemed to be

Saving as to certain examinations .- (1) Notwithstanding anything contained in this Act, the Statutes, Ordinances or the Rules,-

1. (a) any student who immediately prior to the commencement of this Act was studying for a degree in health science of the Bangalore University, the Karnataka University, the Mysore University, the Kuvempu University, the Gulbarga University, or the Mangalore University established under the Bangalore University act, 1964, the Karnataka University Act, 1949, the Mysore University Act, 1956 and the Karnatake State Universities Act 1976, in accordance with the Regulations in force under those Acts, may until such examinations is provided by the University, be admitted to the examinations of the Universities of Bangalore, Karnataka and Mysore and Kuvempu University, Gulbarga University, Mangalore University and be conferred the degree in Health Sciences of the inter universities for which he qualifies on the result of such examination.
2. (b) If the Bangalore University, the Karnataka University or Mysore University, Gulbarga University or the Mangalore University or the Kuvempu University established under the Bangalore University Act, 1964, the Karnataka University Act, 1949, the Mysore University Act, 1956 and Karnataka State Universities Act, 1976 has held any examination the result of which has been published but the degrees relating thereto have not been conferred or issued or the result of any such examination has not been published by the said University, then such examination shall be deemed to have been held by the Bangalore University, the Karnataka University or the

Act to prevail over the enactments .- This Act and any Statutes or Rules or Ordinance made under this Act shall in respect of any college in the University Area have effect notwithstanding anything inconsistent therewith contained in any other enactment with respect to matters enumerated in List II of the Seventh Schedule to the Constitution of India.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, do anything which appears to it to be necessary for the purpose of removing the difficulty. (2) No order made under sub-section (1) shall be questioned in any court of law on the ground that no difficulty as is referred to in the said sub- section existed or was required to be removed. (3) Every order published under this section shall, as soon as may be after its publication, be laid before both Houses of the State Legislature. • * * (The above translation of the, gÁfêïUÁA¢ü DgÉÆÃUÀå «eÕÁ£ÀUÀ¼À «±Àé«zÁå®AiÀÄ C¢ü¤AiÀĪÀÄ, 1994 was published in the Official Gazette (Extraordinary) Part IV-2B dated 25.10.1994 as No.923 under clause (3) of Article 348 of the Constitution of India.) • * * * KARNATAKA ACT NO. 01 OF 2014 (First Published in the Karnataka Gazette Extra-ordinary on the First day of January, 2014) THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES (AMENDMENT) ACT, 2013 (Received the assent of the Governor on the thirty-first day of December, 2013) An Act further to amend the Rajiv Gandhi University of Health Sciences Act, 1994. Whereas, it is expedient further to amend the Rajiv Gandhi University of Health Sciences Act, 1994 (Karnataka Act 44 of 1994) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the sixty fourth year of the Republic of India, as follows:- 1. Short title and commencement.- (1) This Act may be called the Rajiv Gandhi University of Health Sciences (Amendment) Act, 2013. (2) It shall come into force at once. Sections 12,15,16,17,18,21,24,40,43,44 are Incorporated in the Principal Act 2. Amendment of section 12.- In section 12 of the Rajiv Gandhi University of Health Sciences Act, 1994 (Karnataka Act 44 of 1994) (hereinafter referred to as the principal Act),- (i) for sub-section (3), the following shall be substituted, namely:- "(3) The Committee referred to in sub-section (2) shall be a Search Committee constituted by the State Government consisting of three persons of whom, one shall be nominated by the Chancellor, one by the State Government and one by the Syndicate. The State Government shall appoint one of the members as Chairman of the Committee. The Secretary to the Government incharge of Medical Education or his nominee not below the rank of Deputy Secretary to Government shall be the Convenor of the Search Committee. (ii) in sub-section(4),- (a) for the words "but he shall be eligible for re- appointment" the words "he shall not be eligible for re- appointment for a second term" shall be substituted. (b) the first proviso shall be omitted (c) in second proviso the word "further" shall be omitted 3. Amendment of section 15.- In section 15 of the principal Act, for sub-section (1), the following shall be substituted,, namely:- "(1) The Registrar shall be a whole time Officer of the University. The State Government shall appoint an Officer belonging to the Indian Administrative Service in the Senior Scale or an Officer belonging to the Karnataka Administrative Services not below the rank of Supertime Scale to be the Registrar of the University." 4. Amendment of section 16.- In section 16 of the principal Act, for sub-section (1), the following shall be substituted, namely:- "(1) The Registrar (Evaluation) shall be a whole time Officer of the University. The State Government shall either appoint an Officer belonging to the Karnataka Administrative Service, not below the rank of Group A Senior Scale to be the Registrar(Evaluation) of the University or a Professor of an Autonomous Government Medical Institute with experience of at least five continuous years in the post of Professor." 5. Amendment of section 17.- In section 17 of the principal Act, for sub-section (1), the following shall be substituted, namely:- "(1) The Finance Officer shall be a whole time Officer of the University. The State Government shall appoint an Officer belonging to the cadre of Joint Controller in the State Accounts Department to be the Finance Officer of the University." 6. Substitution of section 18.- For section 18 of the principal Act, the following shall be substituted, namely:- "18. Other Officers.- The manner of appointment and the conditions of service of Other Officers of the University referred to in clause(viii)of Section 9 shall be such as may be prescribed by statute or by deputation of officers of the State Government or officers of Government Autonomous Medical Institutes for a period not exceeding three years. Provided that no such officers for any administrative posts in the University shall be taken on deputation from any aided or unaided private colleges or educational institutions. The powers and duties and the conditions of service of such officers shall be such as may be prescribed by the Statutes." 7. Amendment of section 21.- In section 21 of the principal Act, in sub-section (1), (i) for clause (iii), the following shall be substituted, namely:- "(iii) The Secretary to Government in charge of Medical Education, or his nominee not below the rank of Deputy Secretary to Government." (ii) for clause (xiii), the following shall be substituted, namely:- “(xiii) Six members each of whom elected to Medical Council of India, Dental Council of India, Pharmacy Council of India, Indian Nursing Council, Central Council of Indian Medicine and Central Council of Homeopathy from Karnataka Chapter;” 8. Amendment of section 24.- In section 24 of the principal Act, in sub-section (1),- (a) after clause (i), the following shall be inserted, namely:- "(i-a) The Secretary to Government, in charge of Health and Family Welfare or his nominee not below the rank of Deputy Secretary to Government. (i-b) The Secretary to Government in charge of Medical Education, or his nominee not below the rank of Deputy Secretary to Government." (b) for clause (x), the following shall be substituted, namely:- "(x) One nominee from an autonomous Government Medical institute nominated by the Government by yearly rotation." (c) after clause (xi), the following shall be inserted, namely:- "(xii) Six persons nominated by the State Government from amongst eminent personalities in the field of Health Sciences of whom,- (i) one shall be a person belonging to the Scheduled castes or the Scheduled Tribes; (ii) one person belonging to the Other Backward Classes; (iii) one Woman; (iv) one person belonging to Linguistic Minorities; and (v) two others. Provided that no person who is in the employment of an affiliated college or in the University in whatever capacity shall be eligible for nomination." 9. Substitution of section 40.- For section 40 of the principal Act, the following shall be substituted, namely:- "40. Management of Funds.- All the funds of the university shall be managed in such manner as may be prescribed by the statutes: Provided that the State Government may also issue directions from time to time regarding the management and utilisation of funds. The directions of the State Government shall be final." 10. Substitution of section 43.- For section 43 of the principal Act, the following shall be substituted, namely:- "43. Annual accounts and audit.- (1) The annual accounts of the University shall be prepared under the directions of the Syndicate. (2) The annual accounts so prepared shall be considered by the Senate at its next earliest meeting. The Senate may pass a resolution with reference thereto and communicate the same to the Syndicate. The Syndicate shall consider the suggestions made by the Senate and take such action thereon as it thinks fit and shall inform the Senate at its next meeting the action taken by it or the reasons for not taking action. (3) The accounts of the University shall be audited by the Controller Of State Accounts once a year, in the month of April. (4) The accounts so audited shall be placed before the Syndicate and the Senate and thereafter transmitted to the State Government with comments along with the resolution of the Senate before 30 th of September every year. The State Government shall place the same before both the houses of the State Legislature at their next earliest session." 11. Amendment of section 44.- In section 44 of the principal Act, for sub-section (2), the following shall be substituted, namely:- "(2) Copies of the Annual Report along with the resolution of the Senate thereon shall be sent to the Government before 30 th of September every year. The State Government shall place the same before both the houses of the State Legislature at their next earliest session." The above translation of gÁfêïUÁA¢ü DgÉÆÃUÀå «eÁÕ£ÀUÀ¼À «±Àé«zÁå®AiÀÄ (wzÀÄÝ¥Àr) C¢s¤AiÀĪÀÄ, 2013 (2014gÀ PÀ£ÁðlPÀ C¢s¤AiÀĪÀÄ ̧ÀASÉå 1) be published in the Official Gazette under clause (3) of Article 348 of the Constitution of India. H.R.BHARDWAJ GOVERNOR OF KARNATAKA By Order and in the name of the Governor of Karnataka S.B. GUNJIGAVI Secretary to Government Department of Parliamentary Affairs and Legislation

1. (2) No order made under sub-section (1) shall be questioned in any court of law on the ground that no difficulty as is referred to in the said sub- section existed or was required to be removed.
2. (3) Every order published under this section shall, as soon as may be after its publication, be laid before both Houses of the State Legislature.
   • • * * (The above translation of the, gÁfêïUÁA¢ü DgÉÆÃUÀå «eÕÁ£ÀUÀ¼À «±Àé«zÁå®AiÀÄ C¢ü¤AiÀĪÀÄ, 1994 was published in the Official Gazette (Extraordinary) Part IV-2B dated 25.10.1994 as No.923 under clause (3) of Article 348 of the Constitution of India.)
   • • * * * KARNATAKA ACT NO. 01 OF 2014 (First Published in the Karnataka Gazette Extra-ordinary on the First day of January, 2014) THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES (AMENDMENT) ACT, 2013 (Received the assent of the Governor on the thirty-first day of December, 2013) An Act further to amend the Rajiv Gandhi University of Health Sciences Act, 1994. Whereas, it is expedient further to amend the Rajiv Gandhi University of Health Sciences Act, 1994 (Karnataka Act 44 of 1994) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the sixty fourth year of the Republic of India, as follows:- 1. Short title and commencement.- (1) This Act may be called the Rajiv Gandhi University of Health Sciences (Amendment) Act, 2013.
3. (2) It shall come into force at once. Sections 12,15,16,17,18,21,24,40,43,44 are Incorporated in the Principal Act 2. Amendment of section 12.- In section 12 of the Rajiv Gandhi University of Health Sciences Act, 1994 (Karnataka Act 44 of 1994) (hereinafter referred to as the principal Act),-
   • (i) for sub-section (3), the following shall be substituted, namely:- "(3) The Committee referred to in sub-section (2) shall be a Search Committee constituted by the State Government consisting of three persons of whom, one shall be nominated by the Chancellor, one by the State Government and one by the Syndicate. The State Government shall appoint one of the members as Chairman of the Committee. The Secretary to the Government incharge of Medical Education or his nominee not below the rank of Deputy Secretary to Government shall be the Convenor of the Search Committee.
   • (ii) in sub-section(4),-
   • (a) for the words "but he shall be eligible for re- appointment" the words "he shall not be eligible for re- appointment for a second term" shall be substituted.
   • (b) the first proviso shall be omitted
   • (c) in second proviso the word "further" shall be omitted 3. Amendment of section 15.- In section 15 of the principal Act, for sub-section (1), the following shall be substituted,, namely:- "(1) The Registrar shall be a whole time Officer of the University. The State Government shall appoint an Officer belonging to the Indian Administrative Service in the Senior Scale or an Officer belonging to the

Karnataka Administrative Services not below the rank of Supertime Scale to be the Registrar of the University." 4. Amendment of section 16.- In section 16 of the principal Act, for sub-section (1), the following shall be substituted, namely:- "(1) The Registrar (Evaluation) shall be a whole time Officer of the University. The State Government shall either appoint an Officer belonging to the Karnataka Administrative Service, not below the rank of Group A Senior Scale to be the Registrar(Evaluation) of the University or a Professor of an Autonomous Government Medical Institute with experience of at least five continuous years in the post of Professor." 5. Amendment of section 17.- In section 17 of the principal Act, for sub-section (1), the following shall be substituted, namely:- "(1) The Finance Officer shall be a whole time Officer of the University. The State Government shall appoint an Officer belonging to the cadre of Joint Controller in the State Accounts Department to be the Finance Officer of the University." 6. Substitution of section 18.- For section 18 of the principal Act, the following shall be substituted, namely:- "18. Other Officers.- The manner of appointment and the conditions of service of Other Officers of the University referred to in clause(viii)of Section 9 shall be such as may be prescribed by statute or by deputation of officers of the State Government or officers of Government Autonomous Medical Institutes for a period not exceeding three years. Provided that no such officers for any administrative posts in the University shall be taken on deputation from any aided or unaided private colleges or educational institutions. The powers and duties and the conditions of service of such officers shall be such as may be prescribed by the Statutes." 7. Amendment of section 21.- In section 21 of the principal Act, in sub-section (1),

1. (i) for clause (iii), the following shall be substituted, namely:- "(iii) The Secretary to Government in charge of Medical Education, or his nominee not below the rank of Deputy Secretary to Government."
2. (ii) for clause (xiii), the following shall be substituted, namely:- “(xiii) Six members each of whom elected to Medical Council of India, Dental Council of India, Pharmacy Council of India, Indian Nursing Council, Central Council of Indian Medicine and Central Council of Homeopathy from Karnataka Chapter;” 8. Amendment of section 24.- In section 24 of the principal Act, in sub-section (1),-

1. (a) after clause (i), the following shall be inserted, namely:- "(i-a) The Secretary to Government, in charge of Health and Family Welfare or his nominee not below the rank of Deputy Secretary to Government. (i-b) The Secretary to Government in charge of Medical Education, or his nominee not below the rank of Deputy Secretary to Government."
2. (b) for clause (x), the following shall be substituted, namely:- "(x) One nominee from an autonomous Government Medical institute nominated by the Government by yearly rotation."
3. (c) after clause (xi), the following shall be inserted, namely:-

"(xii) Six persons nominated by the State Government from amongst eminent personalities in the field of Health Sciences of whom,-

1. (i) one shall be a person belonging to the Scheduled

castes or the Scheduled Tribes;

1. (ii) one person belonging to the Other Backward Classes;
2. (iii) one Woman;
3. (iv) one person belonging to Linguistic Minorities; and
4. (v) two others. Provided that no person who is in the employment of an affiliated college or in the University in whatever capacity shall be eligible for nomination." 9. Substitution of section 40.- For section 40 of the principal Act, the following shall be substituted, namely:- "40. Management of Funds.- All the funds of the university shall be managed in such manner as may be prescribed by the statutes: Provided that the State Government may also issue directions from time to time regarding the management and utilisation of funds. The directions of the State Government shall be final." 10. Substitution of section 43.- For section 43 of the principal Act, the following shall be substituted, namely:- "43. Annual accounts and audit.- (1) The annual accounts of the University shall be prepared under the directions of the Syndicate.

1. (2) The annual accounts so prepared shall be considered by the Senate at its next earliest meeting. The Senate may pass a resolution with reference thereto and communicate the same to the Syndicate. The Syndicate shall consider the suggestions made by the Senate and take such action thereon as it thinks fit and shall inform the Senate at its next meeting the action taken by it or the reasons for not taking action.
2. (3) The accounts of the University shall be audited by the Controller Of State Accounts once a year, in the month of April.
3. (4) The accounts so audited shall be placed before the Syndicate and the Senate and thereafter transmitted to the State Government with

comments along with the resolution of the Senate before 30 th of September every year. The State Government shall place the same before both the houses of the State Legislature at their next earliest session." 11. Amendment of section 44.- In section 44 of the principal Act, for sub-section (2), the following shall be substituted, namely:- "(2) Copies of the Annual Report along with the resolution of the Senate thereon shall be sent to the Government before 30 th of September every year. The State Government shall place the same before both the houses of the State Legislature at their next earliest session."

The above translation of gÁfêïUÁA¢ü DgÉÆÃUÀå «eÁÕ£ÀUÀ¼À «±Àé«zÁå®AiÀÄ

(wzÀÄÝ¥Àr) C¢s¤AiÀĪÀÄ, 2013 (2014gÀ PÀ£ÁðlPÀ C¢s¤AiÀĪÀÄ ̧ÀASÉå 1) be published in the Official Gazette under clause (3) of Article 348 of the Constitution of India.

H.R.BHARDWAJ GOVERNOR OF KARNATAKA

By Order and in the name of the Governor of Karnataka

S.B. GUNJIGAVI Secretary to Government Department of Parliamentary Affairs and Legislation