(1)
Ļ¯ೇಷ ªಾಜÍ ಪĦÎೆ
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.
¨sÁUÀ – 4ಎ
Part – IVA
21
2022(
01
1944)
BENGALURU, THURSDAY, 21, APRIL, 2022 (VAISHAKHA, 01, SHAKAVARSHA, 1944)
. 236
No. 236
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.
3
(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.
4
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.
5
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.
6
(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-Chairman
7
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.
8
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 comprise
9
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 accordance
10
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 :
11
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 _____________
A/c
Code
Liabilities
Current
year
As on
(in
rupees)
Previous
year As
on
(in
rupees)
A/c
Code
Assets
Current
year
As on
(in
rupees
Previous
year
As on
(in
rupees)
Funds
Fixed Assets
Capital Fund
Gross Block at Cost
Add Excess of
Income over
Expenditure / less
excess of
Expenditure over
Income
Less
Cumulative
depreciation
Other Funds
(Specify)
Net Block
Reserves
Capital Work - in
progress
Loans
Investments &
Deposits
Government
Investment
Others
Deposits
Current
Liabilities
and provisions
Loans and Advances
12
Account with
Government
Sundry Debtors
Cash and Bank
Balances
Other Current
Assets
Total
Total
Accounting Policies and Notes:
Executive Director (Signature) Vice-Chairman (Signature)
FORM -D
[See sub-rule 4(ii) of rule 22]
Income and Expenditure Account
A/c
Code
Expenditure
Current
year
As on
(in
rupees)
Previous
year As
on
(in
rupees)
A/c
Code
Income
Current
year
As on
(in
rupees
Previou
s year
As on
(in
rupees)
To Chairperson and
Members:
By Fees, Charges and
Fine
To Pay and
Allowances
By Fee
To Other benefits
By Charges
To Travelling
expenses
By Fines
To Overseas
By Others (specify)
To Domestic
By Grants
To Officers
By Accounts with
Government
To Pay and
Allowances
By Others (specify)
To Retirement
benefits
By Gifts
To Other benefits
By Seminars and
conferences
To Travelling
Expenses
By Sale of
Publications
To Overseas
By Income on
investments and
Deposits:
To Domestic
By Income on
investments
13
To Staff
By Income on
Deposits
To Pay and
Allowances
By Interest on Loan
and Advances
To Retirement
Benefits
By Miscellaneous
Income
To Other benefits
By Gain on Sales of
Assets
To Travelling
expenses:
By Excess of
expenditure over
income
To Overseas
(Transferred to
Capital Fund
Account)
To Domestic
To hire of
Conveyance
To Wages
To Overtime
To Honorarium
To Other office
expenses
To Expenditure on
Research
To Consultation
expenses
To Seminars and
conferences
To Rent and Taxes
To Interest on
Loans
To Promotional
Expenses
To Membership fee
To Subscription
To Others
To Leave Salary
and Pension
Contribution
To Audit Fee
To Misc.
To Depreciation
To Loss on sale of
assets
To Bad Debts
written off
14
To Provision for
bad & doubtful
debts
To Excess of income
over Expenditure
(Transferred to
capital Fund
Account)
Total
Total
Executive Director (Signature) Vice-Chairman (Signature)
FORM -E
[See sub-rule 4(iii) of rule 22]
ANNUAL STATEMENT OF ACCOUNTS
(Receipts and Payments Account)
A/c
Code
Receipts
Current
year
As on
(in
rupees)
Previous
year As
on
(in
rupees)
A/c
Code
Payments
Current
year
As on
(in
rupees
Previous
year
As on
(in
rupees)
To Balance
Brought down:
By Chairperson and
Members:
To Bank
By Pay and
Allowances
To Cash in hand
By Other benefits
To Fee, Charges
and Fine.
By Travelling
expenses
To Fees
By Overseas
To Charges
By Domestic
To Fines
By Officers:
To Others
(specify)
By Pay and
Allowances
To Grants:
By Retirement
benefits
To Accounts with
Government
By Other benefits
To Others
(specify)
By Travelling
expenses
To Gifts
By Overseas
To Seminars and
conferences
By Domestic
By Staff
To Income on
investments and
Deposits:
By Pay and
Allowances
15
To Income on
investments
By Retirement
benefits
To Income on
Deposits
By Other benefits
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
Investments
By Wages
To Recoveries from
pay bills
By Overtime
To Interest on
Loans and
Advances To
Miscellaneous
By Honorarium
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)
16
By Repayment of
loan
By Others
By Leave Salary and
Pension
Contribution
By Audit Fee
By Misc;
Total
By Balance carried
down:
By Bank
By Cash in hand
Total
Executive Director (Signature) Vice-Chairman (Signature)
ಮುದÎಕರು ²ಾಗೂ ಪÎಾಶಕರು:- ಸಂಕಲ£ಾĩಾĸಗಳ…, ಕ£ಾಟಕ ªಾಜÍಪತÎ, ಸಾĸ ೇಂದÎ ಮುದΞಾಲಯ, ¦ೆಂಗಳˆರು
R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19
Licensed to post without prepayment WPP No. 297
SUNIL GARDE
Digitally signed by SUNIL GARDE
DN: c=IN, o=GOVERNMENT OF KARNATAKA, ou=DEPARTMENT OF PRINTING STATIONERY AND
PUBLICATIONS, postalCode=560001, st=Karnataka,
2.5.4.20=0d2a54c0803756f290179cb9f9000f3d464698fc8897aa98c5aa60a83745b840,
pseudonym=8499EAD368C135C9145AA762342F528AD8CBC17E,
serialNumber=B7508F7C8EEFE07770324A79C1527CCCD5A7FD1D517E905423FC54F607B5AC46,
cn=SUNIL GARDE
Date: 2022.04.22 17:34:46 +05'30'