KARNATKA STATE HIGHER EDUCATION COUNCIL RULES, 2020

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21 2022( 01 1944)

. 236 No. 236 BENGALURU, THURSDAY, ²¹, APRIL, ²⁰²² (VAISHAKHA, ⁰¹, SHAKAVARSHA, ¹⁹⁴⁴)

¨sÁUÀ – 4ಎ Part – IVA

DEPARTMENT OF HIGHER EDUCATION,

GOVERNMENT OF KARNATAKA

NOTIFICATION

No. ED 03 URC 2019, Dated: 21.04.2022

In exercise of the powers conferred by sub-section (1) of section 25 of the KARNATKA STATE HIGHER EDUCATION COUNCILACT, 2010 (Karnataka Act No.26 of 2010), the Government of Karnataka hereby makes the following rules, namely:-

CHAPTER-I PRELIMINARY 1. Title and commencement.- (1) These rules may be called the KARNATKA STATE HIGHER EDUCATION COUNCIL RULES, 2020

(2) They shall come into force with effect from the date of their

publication in the official Gazette.

2. Definitions.-(1) In this Rules, unless the context otherwise requires- (a) Act" means the Karnataka State Higher Education Act, 2010(Karnataka Act No.26 of 2010);

(b) "Form" means forms appended to this these rules;

(c) "RUSA" means Rashtreeya Ucchatar Shiksha Abhiyaan;

(2) The words and expressions used in these rules but not defined shall have the same meanings as assigned to them in that Act.

(1)2

CHAPTER-II

POWER AND FUNCTIONS

3. Powers and functions of the Vice-Chairman.- (1) The Vic-Chairman shall be the principal executive officer of the Council and shall exercise

general control over the affairs of the Council. He shall exercise all powers necessary for maintenance of discipline in the Council.

(2) He shall ensure that all the provisions of the Act, these Rule and Regulations made there under are observed and shall have all the powers necessary for that purpose.

(3) He shall perform all such functions as may be necessary to carry out and give effect to the decisions of the Council.

(4) In case of emergency which in his opinion, requires immediate action, he shall take such action he deems necessary and shall at the earliest opportunity report the action taken to the Council or Committee which in the course would have dealt with the matter.

Provided that, if the action taken by the Vice-Chairman is not approved by the Council or the Committee as the case may be, he may refer the matter to the Chairman whose decision thereon shall be final.

(5) He shall exercise such other powers and perform such other functions as may be allocated to him by the Chairman and the Government.

4. Powers and functions of the Executive Director.- (1) He shall be the custodian of the records, the common seal and such other property of the Council or the Council shall commit to his charge;

(2) He shall issue notices convening the meetings of the Council and the Committee and to keep minutes of all such meetings;

(3) He Shall conduct the official correspondence of the Council and Committee which he shall be the Member-Secretary.

(4) He shall supply to the Chairman and to the State Government the copies of the agenda of the meetings of the Council and the Committee as soon as they are issued and the minutes of the meeting within a fortnight of holding of the meetings.

(5) He shall exercise such other powers and perform such other duties as may be prescribed by the Regulations and as may be allocated to him from time to time by the Chairman and the State Government.

5. Powers and Functions of the Executive Committee.- In addition to the those specified in section 15 of the Act, the Committee shall have the following powers and perform the following functions, namely:-

(i) It shall review from time to time the compliance by the Universities, of the directions given by the Government under section 17 of the Act and it shall report the non-compliance by the University to the Government and it shall suggest to the Government the corrective measures for that purpose;

(ii) It shall overview the implementation of schemes sponsored by RUSA and Ministry of Human Resource Department, Government of India in the Universities and ensure the proper utilization of RUSA grants by the Universities;

(iii) It shall manage and regulate the finances and all other administrative matters of the Council;

(iv) It shall enter into, vary, carryout and cancel contracts on behalf of the Council;

(v) It shall receive, acquire, hold, control and administer the properties of the Council, both movable and immovable and invest the surplus funds of the Council judiciously as provided in sub-rule(2) of Rule 20 of these Rules;

(vi) It shall cause to be maintained proper accounts of the properties and funds of the Council;

(vii) It shall prepare the financial estimate of the Council and to submit the same before the meeting of the Council;

(viii) It shall, as may appear it to be necessary, delegate such of its functions to the Executive Director;

(ix) It shall select a common seal for the Council and to provide for its custody and use;

(x) It shall arrange for the conduct of litigation by or against the Council.

(xi) It shall make, amend and repeal Regulations providing for conduct of Business of the Council, creation posts, the recruitment and conditions of services of the employees of the Council and such other matters connected with and incidental to the Council.

CHAPTER-III CONDUCT OF BUSINESS 6 Agenda of the meeting of the Council and Meeting Notice.-:- 1) The agenda for the meetings of the Council and the Committee shall be prepared by the Member Secretary thereof. The members may suggest in the meeting for inclusion of any particular item in the agenda for the subsequent meeting. The notes on the Agenda will be prepared by the Office of the Council.

2) Ordinarily, notice of the meeting along with notes on agenda and copies of the Minutes of the earlier meeting shall be sent to the members by post or muddam at least ten days prior to the date of meeting.

7. Special Meetings.- (1) The Chairman and the Vice-Chairman, at the written request of any member or members, may convene special meetings of the Council and the Committee respectively, to consider specific Subjects, which in the opinion of the Chairman and the Vic-Chairman cannot be considered effectively and adequately at the regular meetings, or which he considers urgent. However the notice for such meeting shall be sent at least three days in advance to the members.

(2) The Council and the Committee may consult specialists or experts in the specific issues relating to Higher Education.

8. Adjournment of meetings.- An ordinary meeting may, with the consent of a majority of the members present, be adjourned from time to time to a later hour on the same day or to any other day; but no business shall be transacted at any adjourned meeting other than that left un disposed of at the meeting from which the adjournment takes place. A notice of such adjournment posted in the office of the Council shall be deemed sufficient notice of the adjourned meeting.

9. Modification and cancellation of resolutions.- No resolution of the Council or the Committee shall be modified or cancelled within three months after the passing thereof, except at a meeting of the Council or Committee specially convened there for and by a resolution of the Council or Committee supported by not less than one-half of the total number of members.

10. Motions and amendments.- (1) Every motion or any amendment thereof shall be received in writing and then be duly moved.

(2) Any motion or amendment may be withdrawn by its proposer with the Consent of the Council.

11. Conduct of ordinary meetings.- (1) At an ordinary meeting, business shall be conducted in the following orders.-

(a) the minutes of the previous ordinary meeting and any

special meeting held since shall be read and confirmed;

(b) business postponed at the previous meeting shall be

considered;

(c) subjects included in the agenda shall than be considered.

(2) A member may propose any resolution connected with or incidental to the subjects included in the agenda:

Provided that the presiding authority may propose any subject relating to a routine matter of urgency not included in the list of business, if no member objects to it.

(3) All points of order shall be decided by the presiding authority with or without discussion as he may deem fit and his decision shall be final.

(4) Any question of procedure not provided for, in these rules shall be decided by a majority of the members present and voting

CHAPTER-IV

REMOVAL FROM THE OFFICE AND VACATING OF OFFICE 12) Removal of Vice-Chairman and Executive Director -1) If, at any time, it appears to the Government that Vice-Chairman or the Executive Director has been guilty of willful omission or refusal to carry out the provisions of the Act, Rules or Regulations made there under and abuse of powers vested in them and misconduct, Additional Chief Secretary or Principal Secretary or Secretary, Higher Education Department, with the prior approval of the Chairman of the Karnataka Higher Education Council shall, for the purpose of sub-section(2) of section 12 of the Act, may himself inquire into or appoint an authority to inquire into the truth thereof and to make or obtain the report as the case may be.

(2) The enquiry shall be conducted after providing reasonable opportunity of being heard, to the Vice-Chairman or the Executive Director and the report shall be made on the action to be taken including penalty if any to be imposed.

(3) On consideration of the enquiry report, if the Chairman is satisfied that the Vice-Chairman or the Executive Director has contravened all or any of the provisions of the Act or these rules, or the regulations made there under or has violated any of the directions issued by it under any law in force or has ceased to carry out the powers and functions as laid down in the Act, or, has committed abuse of power, he shall remove the Vice-Chairman or the Executive Director from the office and impose penalty, if any, as he may deem appropriate.

13) Vacating of Office. – The non-official member of the Council, may resign his membership in writing under his hand addressed to the State Government and his seat shall become vacant on the date of its receipt by the State Government.

14) Casual Vacancy,- Where a vacancy occurs by reason of resignation, disqualification, death, removal or otherwise, in the office of a member of the Council previous to the expiry of his term of office, the vacancy shall be filled, as soon as may be, after the occurrence of such vacancy by appointment or nomination, as the case may be:

Provided that the member appointed or nominated shall hold office so long only as the member in whose place he is appointed or nominated would have held office if the vacancy had not occurred.

CHAPTER-V

TERMS AND CONDITIONS OF SERVICE OF THE VICE-CHANCELLOR , EXECUTIVE DIRECTOR AND MEMBERS 15) Leave.- (a) Earned Leave : The Vice-Chairman and Executive Director or a Member shall be entitled to thirty days of earned leave for every year of service.

(b) Leave sanctioning authority.- Leave sanctioning authority in case of, the Vice-Chairman & Executive Director, shall be the Additional Chief Secretary or Principal Secretary or Secretary, Higher Education Department of the State Government. In respect of other members, leave sanctioning authority shall be the Vice-Chairman7 16) Allowances to the Members of the Council and the Committee.- (1) A non official member shall be entitled to a sitting fee and daily allowances as may be prescribed by the Regulations and travelling allowance at the rates specified in Annexure-A to the Karnataka Civil Services Rules, 1958, when he is required to be present at a place in connection with the business of the Council or the Committee as the case may be.

Provided that no non official member whose ordinary place of residence is within the Corporation or Municipal or Panchayat limits of the place at which he is required to be present, shall draw daily allowance and travelling allowance for attending the business of the Council or the Committee as the case may be.

(2) Vice-Chancellor nominated by the Council on the Committee shall be entitled to daily allowance and travelling allowance as admissible to the highest/senior class of officers of the State Civil Service under K.C.S Rules, for attending the business of Committee.

Provided that Vice-Chancellor whose ordinary place of residence is within the Corporation or Municipal or Panchayat limits of the place at which he is required to be present, shall draw daily allowance and travelling allowance for attending the business of the Committee.

17) Oath of Office and Secrecy.- Every person appointed as a non-official Member shall, before entering upon his office, make and subscribe an oath of office and secrecy, in Form -'A' and Form -'B'

18) Declaration of financial or other interest.- Every person, on his appointment as a non-official member, shall have to give an undertaking that he does not and will not have any such financial or other interest as is likely to affect prejudicially his functions as such Chairperson or Member.

19) Residuary provision.- Matters relating to the terms and conditions of service of the Vice-Chairman, the Executive Director and non-official Member with respect to which no express provision has been made in these rules, shall be referred by Council to the State Government for its decision.

CHAPTER-VI FUNDS, BUDGET, ACCOUNTS, AUDIT AND REPORTS 20) Funds of the Council.-(1)The funds of the Council shall be kept in Scheduled Bank as defined in Reserve Bank of India Act, 1934, or in a corresponding Bank constituted under Banking Companies(Acquisition and Transfer of Undertakings) Act, 1970

(2)Any surplus fund remaining, after expenditure the Council has beenmet out, shall be invested in short term deposit and long term deposits keeping in view the requirement of funds over a period of time, with the approval of the Council

21) Budget, Accounts and Audit.- (1) The council shall, for the purpose of clause(viii) of sub-heading(A) of section 12 of the Act,

(i) Finalize the budget estimates for ensuing year in the month November every year. The budget estimates shall be shown under various heads as following:

(a) Actual receipt of the previous year; (b) Revised estimates if any for the current year, indicating separately the actual expenditure up to the end of October in the current year and anticipated expenditure for remaining period of the year;

(c) Budget estimates for the ensuing year.

(ii) Following factors shall be taken in to consideration while preparing budget:

(a) objectives of the Council;

(b) Plan outlay and its outcome;

(c) Targets to be achieved;

(d) Cost overrun;

(e) Savings in some segments and excess in others;

(f) Additional on-site eventualities.

(2)The Budget of the Council for the ensuing financial year shall be prepared before November 30th of each year and be submitted in duplicate to the Government for approval during the first week of December of each year.

3) The accounts of the Council shall be maintained in accordance with the Karnataka Financial Code and in accordance with the instructions of the Government issued from time to time. The accounting process shall comprise9 of various vouchers, records, registers, books of accounts maintained manually as well as electronically.

(4) The Council shall prepare the following financial statements:

i. The Balance Sheet in Form -"C"

ii. The Income & Expenditure account in Form -"D"

iii. Thev Annual Statement of Accounts (Receipts & Payments accounts) in Form -"E"

(5) The income & expenditure account and Cash Flow Statement shall be prepared on a monthly basis whereas the balance sheet on a yearly basis.

General instructions for preparing financial statements are provided in Form- F.

(6) Accounts of the Council shall be audited by the Principal Director, Karnataka State Audit and Accounts Department once in a year, in the month of April.

(7) The auditor or auditors shall, for the purpose of their office, have access to all the accounts and other records of the Council.

(8) The Annual Financial Accounts and Audit Report of the Council shall be submitted to the Accountant General in Karnataka.

(9) The Council may appoint a Chartered Accountant as an Auditor for internal audit, with the prior approval of the Government and charges for the audit shall be paid as may be determined by the Regulations.

(10) The Audit Report of the Council shall be submitted to the Government as required under section 19 of the Act, with the prior approval of the Committee, before the end of September each year

(11) The Government may if it is of the opinion that a Special or General Audit of the Council is necessary, order for conducting the special or general audit of the Council.

22. Annual Report.-(1) The Committee shall prepare the Annual Report containing the details of members and functions and powers thereof and all the particulars highlighting activities of the Council, targets and achievements concerning each financial year and submit it to the Council before 30th May.

The Council may pass resolutions thereon and refer back the Annual Report to the Committee for compliance. The Committee shall take action in accordance10 therewith and the action taken thereon shall be intimated to the Council at its earliest next meeting.

(2) The Copies of the Annual Report incorporating the resolutions of the Council shall be submitted to the State Government as required under sub section (1) of Section 20 of the Act, before 30th September every year

By Order and in the name of Governor of Karnataka

(MAHESH R) Under Secretary to Government Higher Education Department (Universities-2)

FORM-A [See rule 18] Form of Oath of Office for the Members of the Karnataka State Higher Education Council

I, _____________________, having been appointed as the Member (solemnly affirm and (or) do swear in the name of God I will faithfully and conscientiously discharge my duties as the Member of the Karnataka State Higher Education Council, to the best of my ability, knowledge and judgment, without fear or favor, affection or ill -will.

(Name of the Member)

Karnataka State Higher Education Council Dated :

FORM-B [See rule 18] Form of Oath of Secrecy for the Members of the Karnataka State Higher Education Council

I, _____________________, having been appointed as the Member solemnly affirm and do swear in the name of God, I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as the Member, of the the Karnataka State Higher Education Council, except as may be required of my duties as the Member.

(Name of the Member)

Karnataka State Higher Education Council Dated :

FORM -C [See sub-rule 4(i) of rule 22] Balance Sheet as on 31st March _____________

Executive Director (Signature) Vice-Chairman (Signature)

FORM -D [See sub-rule 4(ii) of rule 22] Income and Expenditure Account

Executive Director (Signature) Vice-Chairman (Signature)

FORM -E [See sub-rule 4(iii) of rule 22] ANNUAL STATEMENT OF ACCOUNTS (Receipts and Payments Account)

To Income on

By Retirement

benefits

By Other benefits investments To Income on Deposits

To Loans: By Travelling

expenses:

To Government By Overseas To Others (specify) By Domestic To Sale of Assets By Hire of

Conveyance

To Sale on

By Wages Investments To Recoveries from By Overtime pay bills

To Interest on

By Honorarium Loans and Advances To Miscellaneous

To Others (specify) By Other office

expenses

By Consultation

expenses

By Seminars and

conferences

By Rent and Taxes By Interest on Loans By Promotional

Expenses

By Membership fee By Subscription By Purchase of Fixed

Assets (specify)

By Investments and

Deposits:

By Investments By Deposits By Security Deposits By Loans and

Advances to:

By Employees: By Bearing Interest By Not bearing

Interest

By

Suppliers/contractors By others (specify) R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19

Licensed to post without prepayment WPP No. 29716

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