Vidhi Codex

Bare Act

Chapter II THE UNIVERSITY AND SPONSORING BODY

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Chapter II THE UNIVERSITY AND SPONSORING BODY

3. Proposal for the establishment of the University

Statutory text
  1. (1) The Trust shall have the right to establish the University of unitary in nature subject to and in accordance with the provisions of this Act.
  2. (2) The proposal to establish a University shall be made to the Government by the Trust.
  3. (3) The proposal shall contain the following particulars, namely:-
    • (i) the objects of the University along with the details of the Trust;
    • (ii) the extent and status of the University and the availability of land and land shall be in the name of the trust;
    • (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 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 person 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 Trust as well as the financial resources;
    • (xii) the system for selection of students to the courses of study at the University; and
    • (xiii) status of fulfillment of such other conditions as may be required by the Government under this Act to be fulfilled before the establishment of the University.
  4. (4) A Screening Committee shall be constituted by the Government consisting of three members who are Ex-officio members of Karnataka State Higher Education Council to examine the proposals received from the trust, which shall make recommendations to the State Government for the establishment of the University.

Chapter II THE UNIVERSITY AND SPONSORING BODY

4. Establishment of the University

Statutory text
  1. (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 Trust has ability to run an University with sufficient infrastructure;
    • (ii) is the sole owner of land to the extent of twenty acres;
    • (iii) owns 20 acres of land in the name of trust to the extent specified below in accordance with its location, namely:-
    • (a) The Land shall be in single block or two block 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 block 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 block 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 or expertise in running higher Education Institutions. Based on the furnished particulars required in sub-section (3) of section 3, the Government may direct the Trust to establish the permanent Statutory Endowment Fund as specified in section 48.
  2. (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 the Sapthagiri NPS University.
  3. (3) The headquarters of the University shall be at Chikkasandra, Hesaraghatta Main Road, Bengaluru. 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 State Government.
  4. (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. (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 Trust for the purpose of the University shall vest in the University.
  6. (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. (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. (8) The university shall fulfil the minimum criteria in terms of programmes, faculty, infrastructural facilities, financial viability, etc., as laid down from time to time by the University Grant Commission and other concerned statutory bodies such as the All India Council for Technical Education (AICTE).
  9. (9) The courses of studies prescribed for a first degree and/or the postgraduate 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. (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. (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. (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 University Grants Commission to the Government and also about the action taken report on such rectifications recommended by the University Grants Commission.
  13. (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. (14) The University Grants Commission and the Government may cause periodic inspection of the university and its off-campus centres, study centres, offshore campuses 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. (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 Commission within fifteen days to the Government.
  16. (16) The University Grants Commission may take necessary action against the university awarding a first degree and / or a post-graduate degree or diploma, which are not specified by the University Grants Commission and also for the institution of which prior approval of the state Government was not taken by the university 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, 1956 (Central Act 03 of 1956).

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