Karnataka Gazette, Part Part-EOG, 08 August 2013

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RNI No. KARBIL/2001/47147

ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ

ಅಧಿಕೃತವಾಗಿ ಪ್ರಕಟಿಸಲಾದುದು

ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ

ನಂ. 891 No. 891 ಭಾಗ – I Part – I

ಬೆಂಗಳೂರು, ಮಂಗಳವಾರ, ಜುಲೈ 9, 2013 (ಆಷಾಡ 18, ಶಕ ವರ್ಷ 1935) Bangalore, Tuesday, July ⁹, ²⁰¹³ (Ashadha ¹⁸, Shaka Varsha ¹⁹³⁵)

ಕರ್ನಾಟಕ ಸರ್ಕಾರದ ನಡವಳಿಗಳು

ಸಿಬ್ಬಂದಿ ಮತ್ತು ಆಡಳಿತ ಸುಧಾರಣೆ ಸಚಿವಾಲಯ

ವಿಷಯ : ಕರ್ನಾಟಕ ಗೆಜೆಟೆಡ್ ಪ್ರೊಬೆಷನರುಗಳ ನೇಮಕಾತಿ (ಸ್ಪರ್ಧಾತ್ಮಕ ಪರೀಕ್ಷೆಗಳ ಮೂಲಕ ನೇಮಕ) ನಿಯಮಗಳು, 1997ರ ಪರಿಶಿಷ್ಟ-1ರಲ್ಲಿ ಕರ್ನಾಟಕ ಲೋಕಸೇವಾ ಆಯೋಗದ ಕಚೇರಿಯಲ್ಲಿನ ಶಾಖಾಧಿಕಾರಿ ಹುದ್ದೆಯನ್ನು ಸೇರಿಸುವ ಬಗ್ಗೆ.

ಓದಲಾಗಿದೆ : ದಿನಾಂಕ: 20.2.2013ರ ಪತ್ರ ಸಂ: ಎ1941/2012-13/ಪಿಎಸ್‌ಸಿ

ಪ್ರಸ್ತಾವನೆ :

ಮೇಲೆ ಓದಲಾದ ಪತ್ರದಲ್ಲಿ ದಿನಾಂಕ:24.9.2012ರ ಸರ್ಕಾರದ ಅಧಿಸೂಚನೆ ಸಂ: ಡಿಪಿಎಆರ್ 87 ಎಸ್ಎಸ್‌ಸಿ 2011ರಲ್ಲಿ ಕರ್ನಾಟಕ ಲೋಕಸೇವಾ ಆಯೋಗದ (ಸೇವಾ ಷರತ್ತುಗಳ) ವಿನಿಯಮಗಳು, 1957ಕ್ಕೆ ತಿದ್ದುಪಡಿ ಮಾಡಿದ್ದು, ಅದರಂತೆ ಆಯೋಗದಲ್ಲಿನ ಶಾಖಾಧಿಕಾರಿಯ ಒಟ್ಟು ಹುದ್ದೆಗಳಲ್ಲಿ ಶೇಕಡಾ 25ರಷ್ಟನ್ನು ಕರ್ನಾಟಕ ಗೆಜೆಟೆಡ್ ಪ್ರೊಬೆಷನರುಗಳ ನೇಮಕಾತಿ (ಸ್ಪರ್ಧಾತ್ಮಕ ಪರೀಕ್ಷೆಗಳ ಮೂಲಕ ನೇಮಕ) ನಿಯಮಗಳು, 1997ರ ಮೂಲಕ ಭರ್ತಿ ಮಾಡಬೇಕಾಗಿದ್ದು, ಸದರಿ ನಿಯಮಾವಳಿಗಳ ಷೆಡ್ಯೂಲ್-1ರಲ್ಲಿ ಗ್ರೂಪ್-ಬಿ ಹುದ್ದೆಯಡಿಯಲ್ಲಿ ಆಯೋಗದ ಶಾಖಾಧಿಕಾರಿ ಹುದ್ದೆಯನ್ನು ಸೇರ್ಪಡೆ ಮಾಡುವಂತೆ ಕೋರಿದೆ. ಈ ಹಿನ್ನೆಲೆಯಲ್ಲಿ ಕರ್ನಾಟಕ ಗೆಜೆಟೆಡ್ ಪ್ರೋಬೇಷನರ್ಸ್ ನೇಮಕಾತಿ (ಸ್ಪರ್ಧಾತ್ಮಕ ಪರೀಕ್ಷೆಗಳ ಮೂಲಕ ನೇಮಕ) ನಿಯಮಗಳು, 1997ರ ಷೆಡ್ಯೂಲ್-1ರಲ್ಲಿ ಶಾಖಾಧಿಕಾರಿ, ಕರ್ನಾಟಕ ಲೋಕಸೇವಾ ಆಯೋಗ ಈ ಹುದ್ದೆಯನ್ನು ಸೇರಿಸುವ ಬಗ್ಗೆ ಪರಿಶೀಲಿಸಿ ಈ ಕೆಳಕಂಡಂತೆ ಆದೇಶಿಸಿದೆ.

ಸರ್ಕಾರದ ಆದೇಶ ಸಂ: ಸಿಆಸುಇ 78 ಸೇನೆನಿ 2013, ದಿನಾಂಕ: 9.7.2013

ಕರ್ನಾಟಕ ಗೆಜೆಟೆಡ್ ಪ್ರೊಬೆಷನರುಗಳ ನೇಮಕಾತಿ (ಸ್ಪರ್ಧಾತ್ಮಕ ಪರೀಕ್ಷೆಗಳ ಮೂಲಕ ನೇಮಕ) ನಿಯಮಗಳು, 1997ರ ನಿಯಮ 3ರ ಉಪನಿಯಮ (1)ರ ಖಂಡ (ಬಿ)ರಲ್ಲಿ ಪ್ರದತ್ತವಾದ ಅಧಿಕಾರವನ್ನು ಚಲಾಯಿಸಿ, ಸದರಿ ನಿಯಮಗಳ ಷೆಡ್ಯೂಲ್-1ರ ಗ್ರೂಪ್-ಬಿ ಶೀರ್ಷಿಕೆಯಡಿ ಕ್ರಮ ಸಂಖ್ಯೆ:19ರ ನಂತರ ಈ ಕೆಳಕಂಡದ್ದನ್ನು ಸೇರಿಸ ತಕ್ಕದ್ದೆಂದು ಸರ್ಕಾರವು ಈ ಮೂಲಕ ಆದೇಶಿಸಿದೆ:

ಈ ಆದೇಶವು ತಕ್ಷಣದಿಂದ ಜಾರಿಗೆ ಬರುತ್ತದೆ.

ಕರ್ನಾಟಕ ರಾಜ್ಯಪಾಲರ ಆಜ್ಞಾನುಸಾರ ಮತ್ತು ಅವರ ಹೆಸರಿನಲ್ಲಿ,

ಡಾ. ಮಂಗಳ .ಜಿ.ಎಸ್

ಸರ್ಕಾರದ ಅಧೀನ ಕಾರ್ಯದರ್ಶಿ

ಸಿಬ್ಬಂದಿ ಮತ್ತು ಆಡಳಿತ ಸುಧಾರಣಾ ಇಲಾಖೆ

(ಸೇವಾ ನಿಯಮಗಳು-1)

(೫೯೯೩)

ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ

ನಂ. 892 No. 892 ಭಾಗ – IV-A Part – IV-A

ಬೆಂಗಳೂರು, ಮಂಗಳವಾರ, ಜುಲೈ 9, 2013 (ಆಷಾಡ 18, ಶಕ ವರ್ಷ 1935) Bangalore, Tuesday, July ⁹, ²⁰¹³ (Ashadha ¹⁸, Shaka Varsha ¹⁹³⁵)

PARLIAMENTARY AFFAIRS AND LEGISLATION SECRETARIAT

NOTIFICATION

NO SAMVYASHAE 81 SHASANA 2012, Bangalore, dated: 09.07.2013

Ordered that the translation of the ರೈ ತಾಂತ್ರಿಕ ವಿಶ್ವವಿದ್ಯಾಲಯ, ಬೆಂಗಳೂರು ಅದಿನಿಯಮ, 2012 (2013ರ ಕರ್ನಾಟಕ ಅದಿನಿಯಮ ಸಂಖ್ಯೆ 40) in the English language, be published as authorised by the Governor of Karnataka under clause (³) of Article 348 of the constitution of India in the Karnataka Gazette for general information.

The following translation of the ರೈ ತಾಂತ್ರಿಕ ವಿಶ್ವವಿದ್ಯಾಲಯ, ಬೆಂಗಳೂರು ಅದಿನಿಯಮ, 2012 (2013ರ ಕರ್ನಾಟಕ ಅದಿನಿಯಮ ಸಂಖ್ಯೆ 40) in the English language is published in the Official Gazette under the authority of the Governor of Karnataka under clause (3) of Article 348 of the Constitution of India.

KARNATAKA ACT NO. 40 OF 2013

(First Published in the Karnataka Gazette Extra-ordinary on theTwenty-first day of March, 2013) THE RAI TECHNOLOGY UNIVERSITY, BANGALORE ACT, 2012

(Received the assent of the Governor on the twelfth day of March, 2013)

An Act to establish and incorporate in the State of Karnataka a University of unitary nature in Private Sector to promote and undertake the advancement of University Education in Engineering and Technology, Health Sciences, Agricultural Sciences and Technology, Management and Technology, Natural Sciences, Humanities and Social Sciences and allied sectors and for the matters connected therewith or incidental thereto.

Whereas it is expedient to establish and incorporate in the State of Karnataka a University of unitary nature in private sector to promote and undertake the advancement of University Education in Engineering and Technology, Health Sciences, Agricultural Sciences and Technology, Management and Technology, Natural Sciences, Humanities and Social Sciences and allied sectors and for the matters connected therewith or incidental thereto for the purposes hereinafter appearing;

Be it enacted by the Karnataka State Legislature in the sixty third year of the Republic of India as follows:-

CHAPTER – I

PRELIMINARY

1. Short title, extent and commencement.- (1) This Act may be called the Rai Technology University Bangalore Act, 2012.

(2) It extends to the whole of the State of Karnataka

(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.

2. Definitions.- In this Act, unless the context otherwise requires,-

(a) "Academic Council" means the Academic Council of the University as specified in section 25;

(b) "Agenda Matters" means all the matters and business to be designated in the Statutes each of which can be either included in the Agenda or be taken up for discussion and decision at a meeting of the Board of Governors or the Board of Management or any Committees, as the case may be, only subject to the prior written approval of the Chancellor, consenting to the passing of such matters and business at such a meeting;

(c) "Board of Governors" means the Board of Governors of the University as constituted under section 23;

(d) "Board of Management" means the Board of Management of the University as constituted under section 24;

(e) "Chancellor", "Vice-Chancellor", "Pro Vice-Chancellor" means respectively the Chancellor, Vice Chancellor and Pro Vice Chancellor of the University;

(f) "Campus" means a campus established, maintained by the University;

(g) "Committees" means the committees formed under this Act or by the various functionaries of the University as the case may be and includes the Nomination Committee, the Finance Committee, and such other committees;

(h) "Constituent College" means a college or institution established and maintained by the University;

(i) "Finance Committee" means the Finance Committee of the University as constituted under section 27;

(j) "Foundation" means Rai Foundation, a Public Charitable Trust Registered under Registration Act, 1908 and under section 12A of Income Tax Act 1961

(k) "Government" means the Government of Karnataka;

(l) "National Accreditation Bodies" means a body established by the Central Government for laying down norms and conditions for ensuring academic standards of higher education, such as University Grants Commission, All India Council of Technical Education, Medical Council of India, Pharmaceutical Council of India, Indian Council of Agriculture Research, National Assessment and Accreditation Council, National Council of Teacher Education, Distance Education Council, Council of Scientific and Industrial Research, and includes the Government;

(m) "Prescribed" means prescribed by rules made by the Government under this Act.

(n) "Principal in relation to a Constituent College" means the head of the Constituent College and includes, where there is no Principal or in the absence of a Principal appointed, the Vice-Principal or any other person for the time being appointed to act as Principal;

(o) "Registrar" means the Registrar of the University;

(p) "Regional Centre" means a centre established or maintained by the University for the purpose of coordinating and supervising the work of Study Centres in any region and for performing such other functions as may be conferred on such centre by the Board of Management;

(q) "Sponsoring Authority" or "sponsoring body" in relation to this Act means the Trust;

(r) "State" means State of Karnataka;

(s) "Statutes" and "Regulations" means respectively, the Statutes and Regulations of the university made under this Act;

(t) "Study centre" means a centre established and maintained by the university for the purpose of advising, counseling or for rendering any other assistance required by the students;

(u) "Teacher" means and includes a Professor, Associate Professor, Assistant Professor, or such other person as may be appointed for imparting instruction or conducting or to guide research in the University or in a Constituent College and includes the Principal of Constituent College in conformity with the norms specified by the 'University Grants Commission;

(v) "University Grants Commission" means the Commission established under section 4 of the University Grants Commission Act, 1956 (Central Act 3 of 1956);

(w) "University" means the Rai Technology University Bangalore, established and incorporated under this Act;

(x) "Visitor" means the visitor of the University as specified in section 13.

CHAPTER - II

THE UNIVERSITY AND SPONSORING BODY

3. Proposal for the establishment of the University.- (1) The Trust shall have the right to establish the University of unitary nature subject to and in accordance with the provisions of this Act.

(2) The proposal to establish a University shall be made to the State Government by the Trust.

(3) The proposal shall consists of 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;

(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 persons 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 State Government to be fulfilled before the establishment of the University.

(4) A Screening Committee shall be constituted by the State Government consisting of three member who are Ex- officio members of Karnataka State Higher Education Council to examine the proposals received, which shall make recommendations to the State Government.

4. Establishment of the University.- (1) Where the State 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) owns a land to the extent specified below in accordance with its location, namely:-

(a) twenty five acres of land if it is within limits of Bruhat Bangalore Mahanagara Palike;

(b) forty acres of land if it is out side the limits of Bruhat Bangalore Mahanagara Palike but within Bangalore Metropolitan Region Development Authority area;

(c) not less than sixty acres of land in the places other than the places specified in clauses (a) and (b).

The land specified above shall consist of a single block and it shall be in the name of concerned Trust/foundation/institution/ university itself. 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 47.

(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 nature in the State by the name of "The Rai Technology University Bangalore".

(3) The headquarters of the University shall be at Doddaballapura. The University shall have Campuses or Regional Centres, Study Centres anywhere in Karnataka and subject to the prior permission of the State Government and as per UGC norms.

(4) The First Chancellor, the First Vice-Chancellor, 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) 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) 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) 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.

5. Grants and Financial Assistance.- The University shall be self-financing and shall neither make a demand nor shall be entitled to any maintenance, grant-in-aid or any other financial assistance from the State or any other body or corporation owned or controlled by the State:

Provided that the State may, provide financial support through grants or otherwise:-

(a) for research, development and other activities for which other State Government organizations are provided financial assistance; or

(b) for any specific research or programmes receiving support from the Government; and

(c) for the benefit of similar universities in the State whether subject to a change in State policy or otherwise:

Provided further that the university may receive any financial support from any other source.

6. Power to establish constituent College, additional campuses, Regional Centres or Study Centres.- The University may have Constituent Colleges, Regional Centres, additional campuses and Study Centres at such places in the State as it deems fit after the completion of five years after its establishment with prior approval of the State Government subject to norms of UGC and other National Accreditation bodies.

7. Objects of the University.- The University shall employ a broad range of strategies to achieve its vision and objectives,-

(i) to expand the horizon of world knowledge, provide instruction, teaching and learning including writing and reading, training, research and development at various levels such as Elementary Education, Secondary Education, Higher Education, in the subject disciplines such as:

(a) Engineering and Technology including Civil, Architecture, Mechanical, Automobile, Electrical, Electronics and Communication, Computer Science and Engineering, Information Technology, Design and Printing Technology including 3-D, Environmental Engineering, Bio-Technology, Space Technology, Nano-materials and Technology and any other emerging areas including interdisciplinary etc. (b) Health Sciences including Medical, Dental, Ayurveda, Homeopathy, Naturopathy, Pharma, Nursing and any other emerging areas including interdisciplinary etc.

(c) Agricultural Sciences and Technology School or College or Center.

(d) Management and Technology including Business Management, Tourism Management, Hotel Management, Hospitality Management, Hospital Management, Disaster Management, Risk Management and any other emerging areas of study including inter-disciplinary areas etc.

(e) Natural Sciences including Physics, Electronics, Mathematics, Computer Science, Chemical and Environmental Sciences, Biological Sciences, Earth Sciences, Space Sciences, Nano Science and Nano- Materials and any other emerging area of study including interdisciplinary etc.

(f) Humanities and Social Sciences including History, Kannada, Economics, Political Science, Journalism, Tourism, Law, Philosophy, Puranas and Pravachanas, Music, Art, Fashion Design including 3-D Design, Animation, Culture, Social Works, Sanskrit, English, other Indian and Foreign Languages and any other emerging areas of study including interdisciplinary areas etc.

(g) Any other emerging areas or faculty or field of study across the globe.

(ii) to design and deliver high quality training, capacity building and development systems for teachers, teacher educators, teachers in higher and professional education, Leadership training including political leaders, administrators and development professionals working in education and other systems.

(iii) to institute degrees, diplomas including PG diplomas, dual degree programmes, integrated courses, certificates and other academic distinctions like awards, award of credits on the basis of ,-ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ೫೯೯೮ (a) successful completion of academic work evaluated through multiple methods including modern methods of assessment; and

(b) outstanding contributions like writing original book or books, research publication, services in the areas of cultural and spiritual by eminent persons in different areas of learning;

(iv) to collaborate with any other universities, research institutions, non-profit organization, industry associations, professional associations or other organizations to conceptualize, design, develop and offer specific educational and research programmes, training programmes and exchange programmes for students, faculty members and others;

(v) to disseminate knowledge and develop a public debate on issues of education and allied development fields through series of lectures, seminars, conferences, executive education programmes, community development programmes, publications and training programmes and events;

(vi) to initiate and undertake programs for the development and training of faculty, researches, and support staff of the University in partnership, collaboration, co-operation, joint venture, strategic or any other form of mutually beneficial relationship with any other institution or institutions of similar vision, mission, strategic architecture and objectives;

(vii) to undertake collaborative research and advocacy with any organizations;

(viii) to undertake necessary or expedient action to pursue and promote the objectives of the University;

(ix) to undertake any objectives as may be approved by the Government for the enhancement of the education and other development sectors.

8. Powers of the University.- The University shall have the following powers, namely:-

(i) to establish and maintain Campuses, Regional Centres and Study Centres in Karnataka as may be determined by the University from time to time in the manner laid down by the Statutes with prior approval of the Government and as per UGC norms.

(ii) to carry out all such other activities as may be necessary or feasible in furtherance of the object of the University;

(iii) to confer degrees or other academic distinctions in the manner and under conditions laid down in the Statutes;

(iv) to institute and award fellowships, scholarships and prizes, awards medals etc., in accordance with the Statutes;

(v) to demand and receive such fees, bills, invoices and collect charges as may be fixed by the Statutes or rules, as the case may be;

(vi) to make provisions for extra curricular activities for students and employees;

(vii) to make appointments of the Faculty, officers and employees of the University or a Constituent College, Campuses, Regional Centres, Study Centres;

(viii) to receive voluntary donations and gifts of any kind not prohibited by any Law for the time being inforce and to acquire, hold, manage, maintain and dispose of any movable or immovable property, including Trust and endowment properties for the purpose of the University or a Constituent College or a Campus, Regional Centre, Study Centre;

(ix) to institute and maintain hostels and to recognize, places of residence for students of the University or a Constituent College;

(x) to supervise and control the residence and to regulate the discipline among the students and all categories of employees and to lay down the conditions of service of such employees, including the Code of. Conduct for the students and employees;

(xi) to create academic, administrative and support staff and other necessary posts;

(xii) to co-operate and collaborate with other Universities in such a manner and for such purposes as the University may determine from time to time;

(xiii) to organize and conduct refresher courses, orientation courses, workshops, seminars and other programmes for teachers, lesson writers, evaluators and other academic staff;

(xiv) to determine standards of admission to the University or a Constituent College, Regional Centres, Study Centres with the approval of Academic Council and to make admission of students of Karnataka not less than the extent provided in this Act;

(xv) to do all such other acts or things whether incidental to the powers aforesaid or not, as may be necessary to further the objects of the University;

(xvi) to institute Degrees, Diplomas, Certificates and other academic distinctions on the basis of examination or any other method of evaluation approved by the Government;

(xvii) to provide for the preparation of instructional materials, including films, cassettes, tapes, video cassettes, CD, VCD and other software and other relevant electronic and print media.

(xviii) to raise, collect, subscribe and borrow money with the approval of the Board of Governors whether on the security of the property of the University, for the purposes of the University;

(xix) to acquire, takeover and run the management of any other educational institutions with the prior approval of the Government;

(xx) to acquire properties with the prior approval of the board of management;

(xxi) to undertake any other activities connected with or incidental to above objectives of the University.

9. University open to all classes, castes, creed, gender or nation.- The University admissions shall be open to all persons irrespective of caste, class, creed, gender or nation. All admissions shall be made on the basis of merit in the qualifying examinations:

Provided that forty percent of the admissions in all courses of the university shall be reserved for the students of Karnataka State and admissions shall be made through a Common Entrance Examination conducted by the State Government or its agency and seats shall be allotted as per the merit and reservation policy of the State Government from time to time.

Provided further that where there are less than ten seats in any course like Post Graduate, they shall be reserved by clubbing such courses together and where there are less than three posts in any course they shall be reserved by rotation.

10. National Accreditation.- The University shall seek accreditation from respective statutory national accreditation bodies soon after its establishment. Further all the courses run by Private Universities shall be as per the regulations of the National Accreditation Bodies.

11. Powers of the sponsoring body.- The sponsoring body shall have the following powers with reference to the University, each of which may be exercised by the Sponsoring Body at its discretion, namely:-

(i) to appoint or re-appoint or terminate the appointment of the Chancellor;

(ii) to constitute the first Board of Governors of the University;

(iii) to nominate the chairperson of the Board of Governors;

(iv) to nominate three persons as members of the Board of Governors;

(v) to nominate two persons as members of the Board of Management;

(vi) to determine the source of funds to be contributed to the University Endowment Fund;

(vii) to determine the application and spending of moneys by the University;

(viii) to resolve any Conflict at the meeting of the Board of Governors in the manner provided for in this Act.

CHAPTER - III

OFFICERS OF THE UNIVERSITY

12. Officers of the University.- The following shall be the officers of the University:-

(i) The Visitor

(ii) The Pro-Visitor

(iii) The Chancellor;

(iv) The Vice-Chancellor;

(v) The Pro Vice-Chancellor;

(vi) The Registrar;

(vii) The Finance Officer;

(viii) The Dean

(ix) The Registrar Evaluation; and

(x) Such other officers as may be declared by the Statutes to be officers of the University.

13. The Visitor.- (1) His Excellency the Governor of Karnataka shall be the Visitor of the University and the visitor may offer suggestions for the improvement of the functioning of the University.

(2) The visitor shall preside over the convocation of the university for conferring Degree and Diploma.

(3) The Visitor shall have the following powers, namely:-

(i) to call for any paper or information relating to the affairs of the University;

(ii) on the basis of the information received by the Visitor, if he is satisfied that any order, proceedings, or decision taken by any authority of the University is not in conformity with the Act, regulations or rules, he may issue such directions as he may deem fit in the interest of the University and the directions so issued shall be complied with by all concerned.

14. The Pro-Visitor.- (1) The Hon'ble Minister for Higher Education of the Government of Karnataka shall be the Pro-Visitor of the University.

(2) The Pro-Visitor shall, when the Visitor is absent, preside at the Convocation of the University for conferring Degrees and Diplomas

15. The Chancellor.- (1) The Chancellor shall be appointed by the Sponsoring Body.

(2) The founder trustee of the Sponsoring Body shall be the first Chancellor, who shall hold for life or till he demits office.

(3) The subsequent Chancellor shall be either the then Trustee of the Sponsoring Body or such other person of eminence of national figure in the field of education, science, culture or public life, when such an appointment is being considered, as may be decided by the Sponsoring Body.

(4) The subsequent Chancellor so appointed shall hold the office as determined by the Sponsoring Body.

(5) The Chancellor shall have such powers as may be conferred on him by this Act or the Statutes made there under, which shall include the following powers; namely:-

(i) to function as the head of the University;

(ii) to preside at all convocations of the University in absence of visitor and pro-visitor ;

(iii) to function as a Chairperson of the Board of Governors of the University ;

(iv) to appoint or re-appoint or terminate the appointment of the Vice-Chancellor, in accordance with the provisions of this Act and the Statutes;

(v) to nominate a person as a member of the Nomination Committee as referred to in sub-section (2) of section 16 of this Act;

(vi) to pre-approve the appointment of the Pro Vice-Chancellor, the Dean, the Registrar and the Finance Officer;

(vii) to nominate two academicians as members on the Board of Governors;

(viii) to appoint the first Pro Vice-Chancellor and the Finance Officer;

(ix) to constitute the first Board of Management, the Finance Committee, the Research Council and the Academic Council;

(x) to pre-approve the Agenda matters in the manner provided for in the Act;

(xi) to resolve a conflict (excluding conflicts at a meeting of the Board of Governors) in the manner provided for in this Act.

(6) In the event of there being a conflict inter-se between the functionary or body and any other functionary or body of the University, then the issue shall be referred to the Chancellor and the decision of the Chancellor in respect of such issue shall be final and binding on the University.

16. The Vice-Chancellor.- (1) The Vice-Chancellor shall be appointed by the Chancellor for a term of three years subject to other terms and conditions as may be laid down by the Statutes from among three persons recommended by the Nomination Committee constituted in accordance with the provisions of sub-section (2). After the term of three years, it is renewable for another term of three years.

Provided that a Vice-chancellor shall continue to hold the office even after expiry of his term till new Vice- chancellor joins. However, in any case this period shall not exceed one year.

(2) The Nomination Committee referred to in sub-section (1) shall consist of the following persons, namely:-

(i) One person nominated by the Chancellor;

(ii) Two nominees of the Board of Governors, one of whom shall be nominated as the Convener of the Committee by the Board of Governors.

(3) The Nomination Committee shall, on the basis of merit, recommend three persons suitable to hold the office of the Vice-Chancellor and forward the same to the Chancellor along with a concise statement showing the academic qualifications and other distinctions of each person.

(4) The Vice-Chancellor shall be the Principal Executive and Academic Officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of the authorities of the University.

Provided that, where any matter, other than the appointment of a Teacher is of urgent nature requiring immediate action and the same could not be immediately dealt with by any officer or the authority or other body of the University empowered by or under this Act to deal with it, the Vice-Chancellor may take such action as he may deems fit with the prior written approval of the Chancellor.

(5) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be laid down by the Statutes or the Rules.

Provided that, where in the opinion of the Vice-chancellor, any decision of any authority of the university is outside the powers conferred by this Act or Statutes, regulations or rules made there under or is likely to be prejudicial to the interests of the university, he shall request the concerned authority to revise its decision within fifteen days from the date of its decision and in case the authority refuses to revise such decision wholly or partly or fails to take any decision within fifteen days, then such matter shall be referred to the Chancellor and his decision thereon shall be final.

(6) The services of the Vice-Chancellor can be terminated by the Chancellor with the approval of the Board of Governors after following the principles of natural justice and after providing an opportunity to present his case including for termination on disciplinary grounds.

(7) The Vice-Chancellor shall preside at the convocation of the University in the absence of the Visitor, Pro- Visitor and the Chancellor.

17. The Pro Vice-Chancellor.- The Chancellor shall appoint not exceeding three pro-vice Chancellors with the Written approval of the Chancellor in such manner and they shall exercise such powers and perform such duties as may be laid down by the Statutes.

18. Deans of Faculties.- Deans of Faculties shall be appointed by the Chancellor with the written approval of the Chancellor in such manner and they shall exercise such powers and perform such duties as may be laid down by the Statutes.

19. The Registrar.- (1) The Registrar shall be appointed by the Chancellor in such manner and on such terms and conditions as may be laid down by the Statutes.

(2) All contracts as defined in statutes shall be entered into and signed by the Registrar on behalf of the University.

(3) The Registrar shall have the power to authenticate records on behalf of the University and shall exercise such other powers and perform such other duties as may be conferred by the statutes or may be required from time to time, by the Chancellor or the Vice-Chancellor.

(4) The Registrar shall be responsible for the due custody of the records and the common seal of the University and shall be bound to place before the Chancellor, the Vice-Chancellor or any other authority, all such information and documents as demanded.

20. The Finance Officer.- The Finance Officer shall be appointed by the Vice-Chancellor with the written approval of the Chancellor in such manner and he shall exercise such powers and perform such duties as may be conferred by the Statutes.

21. Other Officers.- The manner of appointment, terms and conditions of service and powers and duties of the other officers of the University shall be such as may be specified by Statutes.

CHAPTER - IV

AUTHORITIES OF THE UNIVERSITY

22. Authorities of the University.- The following shall be the authorities of the University, namely:-

(i) The Board of Governors;

(ii) The Board of Management;

(iii) The Academic Council;

(iv) Research Council;

(v) The Finance Committee; and

(vi) Such other authorities as may be declared by the Statutes to be the authorities of the University.

23. The Board of Governors and its powers.-(1) The Board of Governors shall consist of the following, namely:-

(i) The Chancellor- Chairperson;

(ii) The Vice-Chancellor- Member;

(iii) The Principal Secretary/Secretary to the State Government in the Higher Education or by his nominee not below the rank of Deputy Secretary ;

(iv) The Principal Secretary/ Secretary to the Government in the Medical Education or by his nominee not below the rank of Deputy Secretary;

(v) One expert from the field of management, finance or any other specialized, including administration to be nominated by the State Government;

(vi) Two persons nominated by the Sponsoring Body of whom one shall be woman;

(vii) The Pro Vice-Chancellor who shall be a non-voting member;

(viii) One eminent educationist nominee of the university grant commission.

(2) The Registrar shall be non-voting member secretary of the Board of Governors.

(3) The tenure of office of the members of the Board of Governors, appointment of members, other than Government nominees, renewal and removal, etc., shall be such as may be laid down by the Statutes.

(4) All meetings of the Board of Governors shall always be chaired by the Chancellor and in his absence by any one of the nominees of the Chancellor. If Chancellor has not nominated any person to Chair such a meeting, members present in the meeting shall elect the Chairperson for that meeting only from among themselves by a simple majority.

(5) Quorum for all meetings of the Board of Governors, shall be three members attending and voting at such meeting.

Provided that the presence of either the Chancellor or one nominee of the Sponsoring Body and in the absence of the Chancellor or one nominee of Sponsoring Body, the Vice Chancellor, shall always be necessary to form the quorum for any meeting of the Board of Governors.

(6) The Board of Governors shall be the Principal Governing Body of the University and shall have the following powers, namely:

(i) to appoint the Statutory Auditors of the University;

(ii) to lay down policies to be pursued by the University;

(iii) to review decisions of the other authorities of the University if they are not in conformity with the provisions of this Act, or the Statutes or the Rules;

(iv) to approve the Budget and Annual Report of the University;

(v) to make new or additional Statutes or amend or repeal the earlier Statutes and Rules; .

(vi) to take decision about voluntary winding up of the University;

(vii) to approve proposals for submission to the Government;

(viii) to nominate three members to the Fee Regulation Committee

(ix) to take such decisions and steps as are found desirable for effectively carrying out the objects of the University.

(7) The Board of Governor shall, meet at least three times a year.

(8) No resolution shall be passed or decision be taken by the Board of Governors at their meeting, in respect of any Agenda Matters except pursuant to an affirmative vote by the Chancellor in favour of the Agenda Matter.

(9) In the event of a conflict of opinion at a meeting of the Board of Governors, then the issued shall be referred to the Sponsoring Body and the decision of the Sponsoring Body in respect of such issue shall be final and binding on the University.

24. The Board of Management.- (1) The Board of Management shall consist of the following, namely:-

(i) The Vice Chancellor;

(ii) The Pro-Vice Chancellor;

(iii) The Registrar;

(iv) Two nominees of the Sponsoring Body;

(v) Two Deans of the schools as nominated by the Chancellor.

(vi) The Registrar Evaluation

(2) The Vice Chancellor shall be the Chairperson of the Board of Management and the Registrar in the absence of the Registrar the Registrar Evaluation with the prior approval of the Chancellor shall be the Secretary of the Board of Management.

(3) The Board of management shall be the executive body of the University. The powers and functions of the Board of Management shall be such as may be specified by the statutes.

(4) All meetings of the Boards of Management, shall always be chaired by the Vice Chancellor and in the absence of the Vice Chancellor, by the nominee of the Sponsoring Body and where the Sponsoring Body has not nominated any nominees, then by any other member as elected by the members present in the meeting.

(5) In the event of a conflict of opinion at a meeting of the Board of Management, the issue shall be referred to the Chancellor and the decision of the Chancellor in respect of such issue shall be final and binding on the University.

25. The Academic Council.- (1) The Academic Council shall consist of the following, namely:-

(i) The Vice-Chancellor - Chair Person

(ii) The Pro Vice Chancellor – Member

(iii) The Registrar - Secretary

(iv) Such other members as may be specified by-the Statutes.

(v) The Registrar Evaluation –Member

(vi) One nominee of the Chancellor - Member

(2) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes, Regulations and the Rules, co-ordinate and exercise general supervision over the academic policies of the University.

26. The Research Council.- (1) The Research Council shall be the Principal Research Committee of the University and shall provide the larger holistic vision of the kind of research to be undertaken by the University, including prioritization of the research areas. This Council shall, subject to the provisions of this Act, the Statutes, Regulations and the Rules, co-ordinate and exercise general supervision over the Research and innovation polices of the University.

(2) The Research Council shall consist of the following, namely:-

(i) The Vice-Chancellor - Chair Person

(ii) The Pro Vice Chancellor - Memberಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ೬೦೦೪ (iii) The Dean of Research - Secretary

(iv) Head of the Department of Innovation - Member

(v) Deans of all Faculties – Members and

(vi) Such other members as may be specified in the Statutes.

27. The Finance Committee.- (1) The Finance Committee shall consist of the following, namely:-

(i) The Chancellor– Chairperson

(ii) The Vice-Chancellor – Member

(iii) The Registrar – Member

(iv) The Finance Officer – Secretary

(v) One nominee of the Chancellor – Member; and

(vi) Such other members as may be specified by the statutes.

(vii) The Registrar Evaluation _ Member

(2) The Finance Committee shall be the principal financial body of the University to take financial matters and shall, subject to the provisions of this Act, rules and statutes, undertake Co-ordination exercise, general supervisions over the financial matters of the University.

28. Other Authorities.- The constitution, the powers and functions of the other authorities of the University shall be such as may be specified by the statutes.

29. Disqualification for membership of an Authority or Body: A person shall be disqualified for being a member of any of the authorities of bodies of the University, if he;

(a) is of unsound mind and stands so declared by a competent court;

(b) is an un discharged insolvent;

(c) has been convicted of any offence involving moral turpitude;

(d) is conducting or engaging himself in private coaching classes; or

(e) has been punished for indulging in or promoting unfair practice in the conduct of any examination, in any form, anywhere.

(f) As and when the Sponsoring Body were to form an opinion in writing that a Member of any of the authorities or bodies is unfit to hold the post.

30. Proceedings not invalidated on account of Vacancy.- No act or Proceedings of any authority of the University shall be invalid merely by reason of the existence of any vacancy or defect in the constitution of the Authority.

31. Provisions pertaining to Agenda Matters.- (1) No agenda Matter shall be either included in the Agenda for or taken up for discussion or decided in the meeting of the Board of Governors or the Board of Management or any Committee without obtaining the prior approval of the Chancellor.

(2) In the event of breach of any provisions of this Act, the Chancellor shall be entitled at all time to immediately take remedial action by reversing all decisions taken by any functionary or body of University and consequent upon the pursuit of such a remedial action all such actions taken by the functionary or body of the university in breach of the provisions of the Act shall be deemed to be null and void ab initio and consequently ; status quo ante shall prevail in respect of the matter or decision in breach.

CHAPATER – V

STATUTES AND REGULATIONS

32. Statutes.- Subject to the provisions of this Act, the Statutes may provide for all or any matter, relating to the University and staff as given below, namely: -

(i) the procedure for transaction of business of the Authorities of the University and the composition of bodies not specified in this Act.

(ii) the operation of the permanent statutory endowment fund, University endowment fund, the general fund and the development fund,ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ೬೦೦೫ (iii) the terms and conditions of appointment of the Vice-Chancellor, the Registrar and the Finance Officer and their powers and functions,

(iv) the mode of recruitment and the terms and conditions of service of the other officers, Teachers and employees of the University;

(v) the procedure for resolving disputes between the University and its officers, Faculty members, employees and students;

(vi) creation, abolition or restructuring of departments and faculties;

(vii) the manner of co-operation with, other Universities or institutions of higher learning.;

(viii) the procedure for conferment of honorary degrees;

(ix) provisions regarding grant of freeships and scholarships;

(x) policies in respect of seats in different courses of studies and the procedure of admission of students to such courses;

(xi) policy relating to the fee chargeable from students for various courses of studies;

(xii) institution of fellowships, scholarships, studentships, free ships, medals and prizes;

(xiii) any other matters which may be decided by the Board of Governors or required to be provided by statutes under this Act.

33. Statutes how made.- (1) The first statutes framed by the Board of Management shall be submitted to the Board of Governors for its approval.

(2) The Board of Governors shall consider the First Statutes, submitted by the Board of Management and shall give its approval thereon with such modifications, if any, as it may deem necessary.

(3) The University shall publish the First Statutes, as approved by the Board of Governors in the University Notification, and thereafter, the First Statutes shall come into force from the date of its publication.

34. Power to amend the Statutes.- The Board of Governors may, make new or additional Statutes or amend or repeal the statutes;

35. Regulations.- Subject to the provisions of this Act, the regulations may provide for the following matters, namely:-

(i) admission of students to the University and their enrolment and continuance as such;

(ii) the courses of study to be laid down for all degrees and other academic distinctions of the University;

(iii) the award of degrees and other academic distinctions;

(iv) the conditions of the award of fellowships, scholarships, studentships, medals and prizes;

(v) the conduct of examinations and the conditions and mode of appointment and duties of examining bodies, examiners invigilators, tabulators and moderators;

(vi) the fee to be charged for admission to the examinations, degrees and other academic distinctions of the University;

(vii) the conditions of residence of the students at the University or a Constituent College;

(viii) maintenance of discipline among the students of the University or a Constituent College;

(ix) all other matters as may be provided in the Statutes under the Act.

36. Regulations how made.- The Regulations shall be made by the Academic Council and approved by Board of Management.

37. Power to amend Regulations.- The Academic Council may, with the approval of the Board of Management, make new or additional regulations or amend or repeal the regulations.

38. Fee Regulation Committee.-(1) The fee of the university seats reserved for Karnataka Students under section 9 shall be regulated by the Fee Regulation Committee constituted by the Government which shall be headed by a retired Supreme Court or High Court Judge and consists of Chancellor, Vice-Chancellor of the University, Principal Secretary or Secretary to Government incharge of Higher Education or by his nominee not below the rank of Deputy Secretary, Principal Secretary or Secretary to Government incharge of Medical Education or by his nominee not below theಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ೬೦೦೬ rank of Deputy Secretary, two Academicians nominated by the Board of Governors of whom one shall be woman. A Chartered Accountant of repute shall be co-opted for this purpose in the Committee.

(2) The Committee shall look after the compliance of the university in its admissions and collection of fee.

CHAPTER - VI

MISCELLANEOUS

39. Conditions of service of employees.- (1) Every employee shall be appointed under a written contract subject to such terms and conditions as may be specified by statutes and regulations or prescribed if any by rules which shall be kept in the University and a copy of which shall be furnished to the employee concerned.

(2) Disciplinary action against the employees shall be governed by the procedure specified in the Statutes.

(3) Any dispute arising out of the contract between the University and an employee shall, be resolved in the manner provided for in the written contract and in accordance with the Statues.

40. Right to appeal.- In case of disciplinary actions by the University against its employee or student, the aggrieved employee or students shall have a right to appeal to such authority as specified by the statutes.

41. Provident or pension fund.- The University shall constitute for the benefit of its employees such provident or pension fund and provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be specified by the statutes and the laws in force.

42. Disputes as to constitution of University authorities and bodies.- If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.

43. Constitution of Committees.- Any authority of the University mentioned in section 22, shall be empowered to constitute a committee of such authority, consisting of such members having such powers as the authority may deem fit.

44. Filling of casual vacancies.- Any casual vacancy among the members, other than ex-officio members of any Authority or body of the University shall be filled in the same manner in which the member whose vacancy is to be filled up, was chosen, and the person filling the vacancy shall be a member of such authority or body for the residual term for which the person in whose place he would have been a member.

45. Protection of action taken in good faith.- No suit or other legal proceedings shall lie against any officer or other employee of the University for anything, which is done in good faith or intended to be done in pursuance of the provisions of this Act, the Statues or the Rules.

46. Transitional provisions.- Notwithstanding anything contained in any other provisions of this Act and the Statutes:-

(i) the first Vice-Chancellor and Pro-Vice-Chancellor, if any shall be appointed by the Chancellor;

(ii) the first Registrar, the first Registrar Evaluation and the first Finance Officer shall be appointed by the Chancellor; and

(iii) the first Board of Management, the first Finance Committee, the first Research and innovation Council and the first Academic Council shall be constituted by the Chancellor.

47. Permanent Statutory Endowment Fund.- (1) The University shall establish a Permanent Statutory Endowment Fund of at least rupees twenty five crores out of which at least fifteen crores shall be in cash and remaining in the form of Bank guarantee which may be increased suo moto but shall not be decreased.

Provided that in case of a University outside the Bangalore or Bangalore Rural District at least ten crores must be in form of cash and the remaining five crores shall be in form of Bank Guarantee.

(2) The University shall have power to invest the permanent Statutory Endowment Fund in such manner as may be prescribed.

(3) The University may transfer any amount from General Fund or the Development fund to the permanent statutory fund except in the event of the dissolution of the University, in no other circumstances can any moneys be transferred from permanent Statutory Endowment Fund for any other purposes.

(4) Seventy five percent of the income received from permanent Statutory Endowment Fund shall be used for the purpose of development or general work of the University. The remaining twenty five percent shall be invested in the permanent Statutory Endowment Fund.

48. University Endowment Fund.- (1)The University shall establish a University Endowment Fund having such funds as may be determined by the Sponsoring Body which can include donations and other funds received from time to time.

(2) The University shall have the power to invest the University Endowment Fund in a manner as may be specified by the Statutes.

(3) The University Endowment Fund is a self-imposed fund that the University desires to maintain voluntarily and invest it responsibly to protect itself from financial challenges that may arise on account of pursuing social objectives and/or unforeseen circumstance.

(4) The University may transfer any amount from the General Fund or the development fund to the University Endowment Fund. Excepting in the dissolution of the University, in no other circumstances moneys can be transferred from the University Endowment Fund for other purposes.

(5) Eighty percent of the incomes received from the University Endowment Fund shall be used for the purposes of development or general work of the University. The remaining twenty percent shall be reinvested into the University Endowment Fund.

49. General Fund.- (1) The University shall establish a General Fund to which the following amount shall be credited, namely:-

(i) all fees which may be charged by the University;

(ii) all sums received from any other source not prohibited by any law for the time being in force;

(iii) all contributions made to the University;

(iv) all contributions/donations made in this behalf by any other person or body which are not prohibited by any law for the time being in force.

(2) The funds credited to the General Fund shall be applied to meet all the recurring expenditure of the University.

50. Development fund.- (1) The University shall also establish a Development Fund to which the following funds shall be credited, namely:-

(i) development fees which may be charged from students;

(ii) all sums received from any other source for the purposes of the development of the University;

(iii) all contributions made to the University;

(iv) all contributions/donations made in this behalf by any other person or body which are not prohibited by any law for the time being in force; and

(v) all incomes received from the Permanent Statutory Endowment Fund.

(2) The funds credited to the Development Fund from time to time shall be utilized for the development of the University.

51. Maintenance of funds.- The funds established under sections 47, 48, 49 and 50 shall, subject to general supervision and control of the Board of Governors, be regulated and maintained in such manner as may be prescribed.

52. Annual Report.-(1) The annual report of the University shall be prepared under the direction of the Board of Management and shall be submitted to the Board of Governors for its approval.

(2) The Board of Governors shall consider the annual report in its meeting and may approve the same with or without modification.

(3) A copy of the annual report duly approved by the Board of Governors shall be sent to the State Government before 31st December following close of the financial year in 31st March of each year.

53. Account and audit.- (1) The annual accounts and balance sheet of the University shall be prepared under the direction of the Board of Management and all funds accruing to or received by the University from all source and all amount disbursed or paid shall be entered in the account maintained by the University.

(2) The annual accounts of the University shall be audited by an auditor, who is a member of the Institute of Charted Accountants of India, every year.

(3) A copy of the annual accounts and the balance sheet together with the audit report shall be submitted to the Board of Governors before 30thNovember following close of the financial year in 31 March of each year.

(4) The annual accounts, the balance sheet and the audit report shall be considered by the Board of Governors at its meeting and the Board of Governors shall forward the same to the visitor and the Government along with its observation thereon on or before 31st December of each year.

(5) In the event of any material alteration in the Report of the Auditors, the State Government may issue directions to the University, and such directions shall be binding on the University.

54. Mode of proof of University record.- A copy of any receipt, application, notice, order, proceeding or resolution of any authority or committee of the University or other documents in possession of the University or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or-document or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein recorded where the original thereof would, if produced, have been admissible in evidence.

55. Power of State Government to issue directions.- The State Government may give such directions to the University as in its opinion are necessary or expedient for carrying out the purposes of this Act or to give effect to any of the provisions contained therein or of any rules or orders made thereunder and the Board of Governor or the Board of management, as the case may be, of the University shall comply with every such direction.

56. Penalties.- (1) Whoever contravenes the provisions of this Act or the rules made thereunder or any examination matters or in matters relating to award of degrees or in giving marks cards shall on conviction be punishable with fine of rupees fifty thousand which may extend to ten lakhs rupees or with an imprisonment for a term of six months which may extend to two years or with both.

Provided that, where the University is also involved the permission letter granted under this Act to commence the University shall be withdrawn.

(2) A penalty under this section may be imposed without prejudice to the penalty specified in any other Act. 57. Power to enter and inspect.- Any officer not below the rank of Group 'A officer authorised by the State Government in this behalf, shall, subject to such conditions as may be specified therein under the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (Karnataka Act 37 of 1984) shall be deemed to be the Officer authorized to exercise the same powers and discharge the same functions as provided under section 9 of that Act for the purposes of this Act.

58. Power to give direction for dissolution of the University.- (1) If the University proposes dissolution in accordance with the law governing its constitution or incorporation, it shall give at least six months prior notice in writing to the Government.

(2) The Karnataka State Higher Education Council shall conduct periodical Inspection of University regarding;- (i) Standard of Instructions for grant of degree;

(ii) Quality of Education;

(iii) Avoidance of commercialisation of Higher Education;

(iv) contravention of the provisions of the Act if any;

-and send report to the Government.

(3) On identification of mismanagement, maladministration and indiscipline, the Government shall issue directions to the management of the University to set right the administration . If the direction is not followed within such time as may be prescribed, the right to take decision for winding up of the University or any course thereof shall vest with the Government.

(4) The manner of winding up of the University or any course thereof shall be such as may be prescribed by the Government in this behalf.

Provided that no such action shall be initiated without affording a reasonable opportunity to show cause to the University.

(5) On receipt of the notice referred to in sub-section (1), the Government shall, in consultation with the relevant Regulatory Authority make such arrangements for administration of the University from the proposed date of dissolutionವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ೬೦೦೯ of the University or winding up of the course and until the last batch of students in regular courses of studies of the University complete their courses of studies in such manner as may be specified by the Statues.

59. Expenditure of the University during dissolution.-(1) The expenditure of administration of the University during taking over period of its management under sub-section (5) of section 58 shall be met out of the Permanent Statutory Endowment Fund, the General Fund or the Development Fund in such manner as may be prescribed.

(2) If the fund referred to in section 47, 48, 49 and 50 are not sufficient to meet the expenditure of the University during the taking over period of its management, such expenditure may be met by disposing of the properties or asset of the University, by the Government.

(3) Where the dissolution of the University is due to mismanagement or maladministration, the Government is at liberty to identify the persons responsible for such mismanagement or maladministration and to impose penalty as it deems fit.

60. Removal of difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by a notification or by order, make such provisions, which are not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient, for removing the difficulty:

Provided that, no notification or order under this section shall be made after the expiry of a period of five years from the date of commencement of this Act.

(2) Every Order made under sub-section (1), shall, as soon as may be after it is made, be laid before the State Legislature.

61. Power to make rules by the State Government.- (1) The State Government may make rules, by notification, to carryout the purposes of this Act.

(2) Every rule made under this Act shall be laid as soon as may be after it is made 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 session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 rule.

The above translation of the ರೈ ತಾಂತ್ರಿಕ ವಿಶ್ವವಿದ್ಯಾಲಯ, ಬೆಂಗಳೂರು ಅಧಿನಿಯಮ, 2012 (2013ರ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯೆ: 40) 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,

K.S.Mudagal Secretary to Government(I/C) Department of Parliamentary Affairs and Legislation

ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ

ನಂ. 893 No. 893 ಭಾಗ – IV-A Part – IV-A

ಬೆಂಗಳೂರು, ಮಂಗಳವಾರ, ಜುಲೈ 9, 2013 (ಆಷಾಡ 18, ಶಕ ವರ್ಷ 1935) Bangalore, Tuesday, July ⁹, ²⁰¹³ (Ashadha ¹⁸, Shaka Varsha ¹⁹³⁵)

PARLIAMENTARY AFFAIRS AND LEGISLATION SECRETARIAT

NOTIFICATION

NO SAMVYASHAE 29 SHASANA 2012, Bangalore, dated: 09.07.2013

Ordered that the translation of the ಎಂ.ಎಸ್. ರಾಮಯ್ಯ ಅನ್ವಯಿಕ ವಿಜ್ಞಾನಗಳ ವಿಶ್ವವಿದ್ಯಾಲಯ ಅದಿನಿಯಮ, 2012 (2013ರ ಕರ್ನಾಟಕ ಅದಿನಿಯಮ ಸಂಖ್ಯೆ 15) in the English language, be published as authorised by the Governor of Karnataka under clause (3) of Article 348 of the constitution of India in the Karnataka Gazette for general information.

The following translation of the ಎಂ.ಎಸ್. ರಾಮಯ್ಯ ಅನ್ವಯಿಕ ವಿಜ್ಞಾನಗಳ ವಿಶ್ವವಿದ್ಯಾಲಯ ಅದಿನಿಯಮ, 2012 (2013ರ ಕರ್ನಾಟಕ ಅದಿನಿಯಮ ಸಂಖ್ಯೆ 15) in the English language is published in the Official Gazette under the authority of the Governor of Karnataka under clause (3) of Article 348 of the Constitution of India.

KARNATAKA ACT NO. 15 OF 2013

(First Published in the Karnataka Gazette Extra-ordinary on the Seventh day of February, 2013) M.S. RAMAIAH UNIVERSITY OF APPLIED SCIENCES ACT, 2012

(Received the assent of the Governor on the Fifth day of February, 2013)

An Act to establish and incorporate in the State of Karnataka a University of unitary nature in private sector by the Gokula Education Foundation (Medical) to promote and undertake the advancement of applied University education in Technical, Health, Management, life sciences and allied sectors and for the matters connected therewith or incidental thereto.

Whereas it is expedient to establish and incorporate in the State of Karnataka a University of unitary nature in private sector by the Gokul Education Foundation (Medical) to promote and undertake the advancement of applied University Education in Technical, Health, Management, life sciences and allied sectors and for the matters connected therewith or incidental thereto for the purposes hereinafter appearing;

Be it enacted by the Karnataka State Legislature in the sixty third year of the Republic of India as follows:-

CHAPTER - I

PRELIMINARY

1. Short title, extent and commencement. - (1) This Act may be called the M.S.Ramaiah University of Applied Sciences Act, 2012.

(2) It extends to the whole of the State of Karnataka.

(3) It shall come into force on such date as the State Government may, by notification, in the official Gazette, appoint.

2. Definitions. - In this Act, unless the context otherwise requires,-

(a) "Academic Council" means the Academic Council of the University as specified in section 25;

(b) "Agenda Matters" means all the matters and businesses to be designated in the Statutes each of which can be either included in the Agenda or be taken up for discussion and decision at a meeting of the Board of Governors or the Board of Management or any Committees, as the case may be, only subject to the prior written approval of the Chancellor, consenting to the passing of such matters and businesses at such a meeting;

(c) "Board of Governors" means the Board of Governors of the University as specified in Section 23;

(d) "Board of Management" means the Board of Management of the University as specified in Section 24;

(e) "Chancellor", "Vice-Chancellor", "Pro Vice-Chancellor" means respectively the Chancellor, Vice Chancellor and Pro Vice Chancellor of the University;

(f) "Campus" means a campus established, maintained by the University wherever situated;

(g) "Committees" means the committees formed under this Act or by the various functionaries of the University as the case may be and includes the Nomination Committee, the Finance Committee, the Distance Education Committee and such other committees;

(h) "Constituent College" means a college or institution established and maintained by the University;

(i) "Finance Committee" means the Finance Committee of the University as specified in Section 27;

(j) "Foundation" means the Gokula Education Foundation(Medical), registered under the Indian Trust Act, 1982.

(k) "Government" means the Government of Karnataka;

(l) "National Accreditation bodies" means a body established by the Central Government for laying down norms and conditions for ensuring academic standards of higher education, such as University Grants Commission, All India Council of Technical Education, National Council of Teacher Education, Medical and Dental Councils of India, Pharmaceutical Council of India, National Council of Assessment and Accreditation, Indian Council of Agriculture Research, Distance Education Council, Council of Scientific and Industrial Research etc. and includes the Government; (m) "Prescribed" means prescribed by rules made by the Government under this Act;

(n) "Principal in relation to a Constituent College" means the head of the Constituent College and includes, where there is no Principal or in the absence of a Principal appointed, the Vice-Principal or any other person for the time being appointed to act as Principal;

(o) "Registrar" means the Registrar of the University;

(p) "Regional Centre" means a centre established or maintained by the University for the purpose of coordinating and supervising the work of Study Centres in any region and for performing such other functions as may be conferred on such centre by the Board of Management;

(q) "Sponsoring Authority" or "Sponsoring Body" in relation to this Act means the Foundation;

(r) "State" means State of Karnataka;

(s) "Statutes" and "Regulations" means respectively the Statutes and Regulations of the University made under this Act;

(t) "Study Centre" means a centre established and maintained by the University for the purpose of advising, counseling or for rendering any other assistance required by the students in the context of the education;

(u) "Teacher" means and includes a Professor, Associate Professor, Assistant Professor, Reader or Lecturer or such other person as may be appointed for imparting instruction or conducting or to guide research in the University or in a Constituent College and includes the Principal of Constituent College in conformity with the norms prescribed by the University Grants Commission;

(v) "University Grants Commission" means the Commission established under section 4 of the University Grants Commission Act, 1956 (Central Act 3 of 1956);

(w) "University" means the M.S.Ramaiah University of Applied Sciences established and incorporated under this Act;

(x) "Visitor" means the visitor of the University as specified in section 13.

CHAPTER - II

THE UNIVERSITY AND SPONSORING BODY

3. Proposal for the establishment of the University.- (1) The Foundation shall have the right to establish the University of unitary nature subject to and in accordance with the provisions of this Act.

(2) The proposal to establish a University shall be made to the State Government by the Foundation.

(3) The proposal shall contain the following particulars, namely:-

(i) the objects of the University along with the details of the foundation;

(ii) the extent and status of the University and the availability of land;

(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 persons 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 foundation; as well as the financial resources;

(xii) the system for selection of students to the courses of study at the University; and

(xiv) status of fulfillment of such other conditions as may be required by the State Government to be fulfilled before the establishment of the University.

(4) A Screening Committee shall be constituted by the State Government consisting of three member who are Ex-officio members of Karnataka State Higher Education Council to examine the proposals received, which shall make recommendations to the State Government.

4. Establishment of the University.- (1) Where the State 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) owns a land to the extent specified below in accordance with its location, namely:-

(a) twenty five acres of land if it is within limits of Bruhat Bangalore Mahanagara Palike;

(b) forty acres of land if it is outside the limits of Bruhat Bangalore Mahanagara Palike but within Bangalore Metropolitan Region Development Authority area;

(c) not less than sixty acres of land in the places other than the places specified in clauses (a) and (b).

The land specified above shall consist of a single block and it shall be in the name of concerned trust/foundation/institution/ university itself. 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 47.

(2) After the establishment of the Permanent Statutory Endowment Fund, the State Government may, by notification, in the official Gazette, accord sanction for establishment of the University of unitary nature in the State by the name of "M.S.Ramaiah University of Applied Sciences".

(3) The headquarters of the Unive rsity shal l be at Bangalo re. The Univ ersity shall have Campuses or Regional Centres, Study Centres anywhere in Karnataka and subject to the prior permission of the State Government and as per UGC norms.

(4) The First Chancellor, the First Vice-Chancellor, 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) 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 Foundation for the purpose of the University shall vest in the University.

(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) 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.

5. Grants and Financial Assistance.- The University shall be self-financing and shall neither make a demand nor shall be entitled to any maintenance grant-in-aid or any other financial assistance from the State or any other body or corporation owned or controlled by the State:

Provided that the State may, provide financial support through grants or otherwise,-

(a) for research, development and other activities for which other State Government organizations are provided financial assistance; or

(b) for any specific research or programmes receiving support from the State Government; and

(c) provided to or for the benefit of similar universities in the State whether subject to a change in State policy or otherwise:

Provided further that the university may receive any financial support from any other source.

6. Power to establish constituent College, additional campuses, Regional Centres or Study Centres.- The University may have Constituent Colleges, Regional Centres, additional campuses and Study Centres at such places in the State as it deems fit after the completion of five years after its establishment with prior approval of the State Government subject to norms of UGC and other National Accreditation bodies.

7. Objects of the University. - The University shall employ a broad range of strategies to achieve its vision and objectives,-ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ೬೦೧೩ (i) to support, promote and undertake advancement of and innovation in University education leading up to and including post graduate, doctoral and post doctoral courses in the Technical, Health, Management, Life sciences and allied sectors and make provisions for research, advancement and dissemination of knowledge including consultancy in these fields;

(ii) to collaborate with any other universities, research institutions, non-profit organizations, industry associations, professional associations or other organizations, to conceptualize, design, develop and offer specific educational and research programmes, training programmes and exchange programmes for students, faculty members and others;

(iii) to undertake collaborative research and advocacy with any organizations with prior approval of the State Government;

(iv) to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit and in particular, to make special provisions for integrated courses in Technical, Health, Management, Life sciences and other such Higher Educational Programmes of the University and to make appropriate measures for promoting interdisciplinary studies and research;

(v) to develop human resources to meet the demands of high end technical and professional industries with research on future sustainable technologies catering to engineering solutions and support techonology business and techonology incubation;

(vi) to provide innovative system of University level education, flexible and open with regard to methods and places of learning, combination of courses eligibility for enrolment, age of entry, conduct of examinations and operation of programmes with a view to promoting access and equity in higher learning besides encouraging excellence in new fields of knowledge and placing special emphasis on both academic as well as application oriented learning;

(vii) to develop resource centres to contribute to quality education with prior approval of concerned Government; (viii) to establish Campuses, Regional centres, study centres and constituent Colleges at various locations in Karnataka and to contribute and develop an understanding of educational change in technical, professional, general education and social and human development with prior approval of Government;

(ix) to institute degrees, diplomas, certificates and other academic distinctions like award of credits on the basis of successful completion of academic work evaluated through multiple modern methods of assessment;

(x) to disseminate knowledge and develop a public debate on issues of education and allied development fields through seminars, conferences, executive education programmes, community development programmes, publications and training programmes and events;

(xi) to undertake programmes for development and training of faculty and researchers of the University in partnership with any other university of quality with prior approval of the State Government;

(xii) to undertake necessary or expedient action to pursue and promote the objectives of the University;

(xiii) to pursue any objectives as may be approved by the Government for the enhancement of education and other development sectors in India.

8. Powers of the University. - The University shall have the following powers, namely:-

(i) to establish and maintain such Campuses, Regional Centres and Study Centres in Karnataka as may be determined by the University from time to time in the manner laid down by the Statutes with prior approval of the Government and as per UGC norms;

(ii) to carry out all such other activities as may be necessary or feasible in furtherance of the object of the University;

(iii) to confer degrees or other academic distinctions in the manner and under conditions laid down in the Statutes;

(iv) to institute and award fellowships, scholarships and prizes, awards, medals etc., in accordance with the Statutes;

(v) to demand and receive such fees, bills, invoices and collect charges as may be fixed by the Statutes or rules, as the case may be;

(vi) to make provisions for extracurricular activities for students and employees;

(vii) to make appointments of the Faculty, officers and employees of the University or a Constituent College, Campuses, Regional Centres, Study Centres;

(viii) to receive voluntary donations and gifts of any kind not prohibited by any Law for the timebeing inforce and to acquire, hold, manage, maintain and dispose of any movable or immovable property, including trust and endowment properties for the purpose of the University or a Constituent College or a Campus, Regional Centre, Study Centre;

(ix) to institute and maintain hostels and to recognize places of residence for students of the University or a Constituent College;

(x) to supervise and control the residence and to regulate the discipline among the students and all categories of employees and to lay down the conditions of service of such employees, including the Code of Conduct for the students and employees;

(xi) to create academic, administrative and support staff and other necessary posts;

(xii) to co-operate and collaborate with other Universities in such a manner and for such purposes as the University may determine from time to time;

(xiii) to organize and conduct refresher courses, orientation courses workshops, seminars and other programmes for teachers, lesson writers, evaluators and other academic staff;

(xiv) to determine standards of admission to the University or a Constituent College, Regional Centres, Study Centres with the approval of Academic Council and to make admission of students of Karnataka not less than the extent provided in this Act;

(xv) to do all such other acts or things whether incidental to the powers aforesaid or not, as may be necessary to further the objects of the University;

(xvi) to institute Degrees, Diplomas, Certificates and other academic distinctions on the basis of examination or any other method of evaluation approved by the Government;

(xvii) to provide for the preparation of instructional materials, including films, cassettes, tapes, video cassettes, CD, VCD and other software and other relevant electronic and print media;

(xviii) to raise, collect, subscribe and borrow money with the approval of the Board of Governors whether on the security of the property of the University, for the purposes of the University;

(xix) to acquire, takeover, and run the management of any other educational institution with the prior approval of the State Government;

(xx) to acquire properties with the prior approval of the Board of Management;

(xxi) to undertake any other activities connected with or incidental to above objectives of the University.

9. University open to all classes, castes, creed, gender or nation. -The University admissions shall be open to all persons irrespective of caste, class, creed, gender or nation. All admissions shall be made on the basis of merit in the qualifying examinations:

"Provided that forty percent of the admissions in all courses of the university shall be reserved for the students of Karnataka State and admissions shall be made through a Common Entrance Examination conducted by the State Government or its agency and seats shall be allotted as per the merit and reservation policy of the State Government from time to time.

Provided further that where there are less than ten seats in any course like Post Graduate, they shall be reserved by clubbing such courses together and where there are less than three posts in any course they shall be reserved by rotation."

10. National Accreditation.- The University shall seek accreditation from respective statutory national accreditation bodies soon after its establishment. Further all the courses run by Private Universities shall be as per the regulations of the National Accreditation Bodies.

11. Powers of the sponsoring body.- The sponsoring body shall have the following powers with reference to the University, each of which may be exercised by the Sponsoring Body at its discretion, namely:-

(i) to appoint or re-appoint or terminate the appointment of the Chancellor;

(ii) to constitute the first Board of Governors of the University;

(iii) to nominate the chairperson of the Board of Governors;

(iv) to nominate three persons as members of the Board of Governors;

(v) to nominate two persons as members of the Board of Management;

(vi) to determine the source of funds to be contributed to the University Endowment Fund;

(vii) to determine the application and spending of moneys by the University;

(viii) to resolve any conflict at the meeting of the Board of Governors in the manner provided for in this Act.

CHAPTER – III

OFFICERS OF THE UNIVERSITY

12. Officers of the University. - The following shall be the officers of the University, namely:-

(i) The Visitor;

(ii) The Pro-visitor;

(iii) The Chancellor;

(iv) The Vice-Chancellor;

(v) The Pro Vice-Chancellor;

(vi) The Registrar;

(vii) The Finance Officer; and

(viii) Such other officers as may be declared by the Statutes to be officers of the University.

13. The Visitor.- (1) His Excellency the Governor of Karnataka shall be the Visitor of the University and the visitor may offer suggestions for the improvement of the functioning of the University.

(2) The Visitor shall preside at the convocation of the University for conferring degrees and diplomas.

(3) The Visitor shall have the following powers, namely:-

(i) to call for any paper or information relating to the affairs of the University;

(ii) on the basis of the information received by the Visitor and if he is satisfied that any order, proceedings or decision taken by any authority of the University is not in conformity with the Act, Regulations, or Rules, he may issue such directions as he may deem fit in the interest of the University and the directions so issued shall be complied with by all the concerned.

14. The Pro-Visitor.- (1) The Hon'ble Minister for Higher Education, Government of Karnataka shall be the pro- visitor of the University.-

(2) The pro-visitor shall, when the Visitor is absent, preside at the Convocation of the University for conferring degrees and diplomas.

15. The Chancellor.- (1) The Chancellor shall be appointed by the Sponsoring Body.

(2) The founder trustee of the Sponsoring Body shall be the first Chancellor, who shall hold for life or till he demits office.

(3) The subsequent Chancellor shall be either the then Trustee of the Sponsoring Body or such other person of eminence of national figure in the field of education, science, culture or public life, when such an appointment is being considered, as may be decided by the Sponsoring Body.

(4) The subsequent Chancellor so appointed shall hold the office as determined by the Sponsoring Body.

(5) The Chancellor shall have such powers as may be conferred on him by this Act or the Statutes made there under, which shall include the following powers, namely:-

(i) to function as the head of the University;

(ii) to preside at all convocations of the University in absence of visitor and pro-visitor ;

(iii) to function as a Chairperson of the Board of Governors of the University ;

(iv) to appoint or re-appoint or terminate the appointment of the Vice-Chancellor, in accordance with the provisions of this Act and the Statutes;

(v) to nominate a person as a member of the Nomination Committee as referred to in sub-section (2) of section 16 of this Act;

(vi) to preapprove the appointment of the Pro Vice-Chancellor, the Dean, the Registrar and the Finance Officer;

(vii) to nominate two academicians as members on the Board of Governors;

(viii) to appoint the first Pro Vice-Chancellor and the Finance Officer;

(ix) to constitute the first Board of Management, the Finance Committee, the Research Council and the Academic Council;

(x) to pre-approve the Agenda matters in the manner provided for in the Act;

(xi) (xi) to resolve a conflict (excluding conflicts at a meeting of the Board of Governors) in the manner provided in this Act.

(6) In the event of there being a conflict inter-se between the functionary or body and any other functionary or body of the University, then the issue shall be referred to the Chancellor and the decision of the Chancellor in respect of such issue shall be final and binding on the University.

16. The Vice-Chancellor.- (1) The Vice-Chancellor shall be appointed by the Chancellor for a term of three years subject to other terms and conditions as may be laid down by the Statutes from among three persons recommended by the Nomination Committee constituted in accordance with the provisions of sub-section (2). After the term of three years, it is renewable for another term of three years.

Provided that a Vice-chancellor shall continue to hold the office even after expiry of his term till new Vice- chancellor joins. However, in any case this period shall not exceed one year.

(2) The Nomination Committee referred to in sub-section (1) shall consist of the following persons, namely:-

(i) One person nominated by the Chancellor;

(ii) Two nominees of the Board of Governors, one of whom shall be nominated as the Convener of the Committee by the Board of Governors.

(3) The Nomination Committee shall, on the basis of merit, recommend three persons suitable to hold the office of the Vice-Chancellor and forward the same to the Chancellor along with a concise statement showing the academic qualifications and other distinctions of each person.

(4) The Vice-Chancellor shall be the Principal Executive and Academic Officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of the authorities of the University.

Provided that, where any matter, other than the appointment of a Teacher is of urgent nature requiring immediate action and the same could not be immediately dealt with by any officer or the authority or other body of the University empowered by or under this Act to deal with it, the Vice-Chancellor may take such action as he may deems fit with the prior written approval of the Chancellor.

(5) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be laid down by the Statutes or the Rules.

Provided that, where in the opinion of the Vice-chancellor, any decision of any authority of the university is outside the powers conferred by this Act or Statutes, Regulations or Rules made there under or is likely to be prejudicial to the interests of the university, he shall request the concerned authority to revise its decision within fifteen days from the date of its decision and in case the authority refuses to revise such decision wholly or partly or fails to take any decision within fifteen days, then such matter shall be referred to the Chancellor and his decision thereon shall be final.

(6) The services of the Vice-Chancellor can be terminated by the Chancellor with the approval of the Board of Governors after following the principles of natural justice and after providing an opportunity to present his case including for termination on disciplinary grounds.

(7) The Vice-Chancellor shall preside at the convocation of the University in the absence of the Visitor, Pro-Visitor and the Chancellor.

17. The Pro Vice-Chancellor.- The Vice-Chancellor shall appoint not exceeding three pro-vice Chancellors with the written approval of the Chancellor in such manner and they shall exercise such powers and perform such duties as may be laid down by the Statutes.

18. Deans of faculties.- Deans of faculties shall be appointed by the Vice-Chancellor with the written approval of the Chancellor in such manner and they shall exercise such powers and perform such duties as may be laid down by the Statutes.

19. The Registrar.- (1) The Registrar shall be appointed by the Chancellor in such manner and on such terms and conditions as may be laid down by the Statutes.

(2) All contracts as defined in statutes shall be entered into and signed by the Registrar on behalf of the University.

(3) The Registrar shall have the power to authenticate records on behalf of the University and shall exercise such other powers and perform such other duties as may conferred by the statutes or may be required from time to time, by the Chancellor or the Vice-Chancellor.

(4) The Registrar shall be responsible for the due custody of the records and the common seal of the University and shall be bound to place before the Chancellor, the Vice-Chancellor or any other authority, all such information and documents as demanded.

20. The Finance Officer.- The Finance Officer shall be appointed by the Vice-Chancellor with the written approval of the Chancellor in such manner and he shall exercise such powers and perform such duties as may be laid down by the Statutes.

21. Other Officers.- The manner of appointment, terms and conditions of service and powers and duties of the other officers of the University shall be such as may be specified by Statutes.

CHAPTER – IV

AUTHORITIES OF THE UNIVERSITY

22. Authorities of the University.- The following shall be the authorities of the University, namely:-

(i) The Board of Governors;

(ii) The Board of Management;

(iii) The Academic Council;

(iv) The Research and Innovation Council;

(v) The Finance Committee; and

(vi) Such other authorities as may be declared by the Statutes to be the authorities of the University.

23. The Board of Governors and its powers.- (1) The Board of Governors shall consist of the following, namely:-

(i) The Chancellor- Chairperson;

(ii) The Vice-Chancellor- Member;

(iii) The Principal Secretary/Secretary to the State Government in the Higher Education or by his nominee not below the rank of Deputy Secretary ;

(iv) The Principal Secretary/ Secretary to the Government in the Medical Education or by his nominee not below the rank of Deputy Secretary;

(v) One expert from the field of management, finance or any other specialized, including administration to be nominated by the State Government;

(vi) Two persons nominated by the Sponsoring Body of whom one shall be woman;

(vii) The Pro Vice-Chancellor who shall be a non-voting member;

(viii) One eminent educationist nominee of the university grant commission.

(2) The Registrar shall be non-voting member Secretary of the Board of Governors.

(3) The tenure of office of the members of the Board of Governors, appointment of members, other than Government nominees, renewal and removal, etc., shall be such as may be laid down by the Statutes.

(4) All meetings of the Board of Governors shall always be chaired by the Chancellor and in his absence by any one of the nominees of the Chancellor. If Chancellor has not nominated any person to Chair such a meeting, members present in the meeting shall elect the Chairperson for that meeting only from among themselves by a simple majority.

(5) Quorum for all meetings of the Board of Governors shall be three members attending and voting at such meeting.

Provided that the presence of either the Chancellor or one nominee of the Sponsoring Body and in the absence of the Chancellor or one nominee of Sponsoring Body, the Vice Chancellor, shall always be necessary to form the quorum for any meeting of the Board of Governors.

(6) The Board of Governors shall be the Principal Governing Body of the University and shall have the following powers, namely:-

(i) to appoint the Statutory Auditors of the University;

(ii) to lay down policies to be pursued by the University;

(iii) to review decisions of the other authorities of the University if they are not in conformity with the provisions of this Act, or the Statutes or the Rules;

(iv) to approve the Budget and Annual Report of the University;

(v) to make new or additional Statutes or amend or repeal the earlier Statutes and Rules;

(vi) to take decision about voluntary winding up of the University;

(vii) to approve proposals for submission to the Government;

(viii) to nominate three members to the Fee Regulation Committee;

(ix) to take such decisions and steps as are found desirable for effectively carrying out the objects of the University.

(7) The Board of Governor shall, meet at least three times a year.

(8) The Board of Governors shall meet at such time and place as may be specified by Statute.

24. The Board of Management. - (1) The Board of Management shall consist of the following, namely:-

(i) The Vice Chancellor;

(ii) The Pro-Vice Chancellors;

(iii) The Registrar;

(iv) Two nominees of the Sponsoring Body;

(v) Two Deans of the faculties as nominated by the Vice Chancellor.

(2) The Vice Chancellor shall be the Chairperson of the Board of Management and the Registrar shall be the Secretary of the Board of Management.

(3) The Board of management shall be the executive body of the University. The powers and functions of the Board of Management shall be such as may be specified by the statutes.

(4) All meetings of the Boards of Management shall always be chaired by the Vice Chancellor and in the absence of the Vice Chancellor, by the nominee of the Sponsoring Body and where the Sponsoring Body has not nominated any nominees, then by any other member as elected by the members present in the meeting.

(5) In the event of a conflict of opinion at a meeting of the Board of Management, the issue shall be referred to the Chancellor and the decision of the Chancellor in respect of such issue shall be final and binding on the University.

25. The Academic Council. - (1) The Academic Council shall consist of the following, namely:-

(i) The Vice-Chancellor

- Chairperson

(ii) The Pro Vice Chancellor

- Members

(iii) The Registrar - Secretary

(iv) Such other members as may be specified by the Statutes.

(2) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes, Regulations and the Rules, co-ordinate and exercise general supervision over the academic policies of the University.

26. The Research and Innovation Council. - (1) Research and Innovation Council shall be the Principal Research and Innovation Committee of the University and shall provide the larger holistic vision of the kind of research to be undertaken by the University, including prioritization of the research areas. Research and Innovation Council shall, subject to the provisions of this Act, the Statutes, Regulations and the Rules, co-ordinate and exercise general supervision over the Innovationand Research policies of the University.

(2) The Research and Innovation Council shall consist of the following, namely:-

(i) The Vice-Chancellor - Chairperson

(ii) The Pro Vice Chancellor - Member

(iii) The Dean of Research - Secretary

(iv) Head of the Department of Innovation - Member

(v) Deans of all Faculties - Members; and

(vi) Such other members as may be specified in the Statutes.

27. The Finance Committee. - (1) The Finance Committee shall consist of the following, namely:-

(i) The Chancellor or his Nominee- - Chairperson

(ii) The Vice-chancellor - Member

(iii) The Registrar - Member

(iv) The Finance Officer - Secretary

(v) One nominee of the Sponsoring Body - Member; and

(vi) Such other members as may be specified in the statutes.

(2) The Finance Committee shall be the principal financial body of the University to take care of financial matters and shall, subject to the provisions of this Act, Rules and Statutes co-ordinate and exercise general supervision over the financial matters of the University.

28. Other Authorities.- The constitution, powers and functions of the other authorities of the University shall be such as may be specified by the statutes.

29. Disqualification for membership of an Authority or Body: A person shall be disqualified for being a member of any of the authorities of bodies of the University, if he;

(a) is of unsound mind and stands so declared by a competent court;

(b) is an un discharged insolvent;

(c) has been convicted of any offence involving moral turpitude;

(d) is conducting or engaging himself in private coaching classes; or

(e) has been punished for indulging in or promoting unfair practice in the conduct of any examination, in any form, anywhere.

(f) As and when the Sponsoring Body were to form an opinion in writing that a Member of any of the authorities or bodies is unfit to hold the post.

30. Proceedings not invalidated on account of vacancy.- No act or proceedings of any authority of the University shall be invalid merely by reason of the existence of any vacancy or defect in the constitution of the authority.

31. Provisions pertaining to Agenda Matters.- (1) No Agenda Matter shall be either included in the Agenda for or taken up for discussion and decided in, the meeting of the Board of Governors or the Board of Management or any Committees without obtaining the prior written approval of the Chancellor.

(2) In the event of breach, the Chancellor shall be entitled at all time to immediately take remedial action by reversing all decisions taken by any functionary or body of the University in breach of the provisions of the Act and consequent upon the pursuit of such a remedial action all such actions taken by the functionary or body of the University in breach of the provisions of the Act shall be deemed to be null and void, ab initio and consequently the status quo ante shall prevail in respect of the matter or decision in breach.

CHAPTER - V

STATUTES AND REGULATIONS

32. Statutes.- Subject to the provisions of this Act, the Statutes may provide for any matter relating to the University and staff, as given below, namely:-

(i) the procedure for transaction of business of the Authorities of the University and the composition of bodies not specified in this Act;

(ii) the operation of the permanent statutory endowment fund, University endowment fund, the general fund and the development fund;

(iii) the terms and conditions of appointment of the Vice-Chancellor, the Registrar and the Finance Officer and their powers and functions;

(iv) the mode of recruitment and the terms and conditions of service of the other officers, Teachers and employees of the University;

(v) the procedure for resolving disputes between the University and its officers, Faculty members, employees and students;

(vi) creation, abolition or restructuring of departments and faculties;

(vii) the manner of co-operation with other Universities or institutions of higher learning;

(viii) the procedure for conferment of honorary degrees;

(ix) provisions regarding grant of free ships and scholarships;

(x) policies in respect of seats in different courses of studies and the procedure of admission of students to such courses;

(xi) policy relating to the fee chargeable from students for various courses of studies;

(x) institution of fellowships, scholarships, studentships, free ships, medals and prizes;

(xi) any other matters which may be decided by the Board of Governors or required to be provided by statutes under this Act.

33. Statutes how made.- (1) The first statutes framed by the Board of Management shall be submitted to the Board of Governors for its approval.

(2) The Board of Governors shall consider the First Statutes, submitted by the Board of Management and shall give its approval thereon with such modifications, if any, as it may deem necessary.

(3) The University shall publish the First Statutes, as approved by the Board of Governors in the University Notification, and thereafter, the First Statutes shall come into force from the date of its publication.

34. Power to amend the Statutes.- The Board of Governors may, make new or additional Statutes or amend or repeal the Statutes.

35. Regulations.- Subject to the provisions of this Act, the regulations may provide for all or any of the following matters, namely:-

(i) admission of students to the University and their enrolment and continuance as such;

(ii) the courses of study to be laid down for all degrees and other academic distinctions of the University;

(iii) the award of degrees and other academic distinctions;

(iv) the conditions of the award of fellowships, scholarships, studentships, medals and prizes;

(v) the conduct of examinations and the conditions and mode of appointment and duties of examining bodies, examiners invigilators, tabulators and moderators;

(vi) the fee to be charged for admission to the examinations, degrees and other academic distinctions of the University;

(vii) the conditions of residence of the students at the University or a Constituent College;

(viii) maintenance of discipline among the students of the University or a Constituent College;

(ix) all other matters as may be provided in the Statutes under the Act.

36. Regulations how made.- The Regulations shall be made by the Academic Council and approved by Board of Management.

37. Power to amend Regulations.- The Academic Council may, with the approval of the Board of Management, make new or additional regulations or amend or repeal the regulations.

38. Fee Regulation Committee.- (1) The fee of the university seats reserved for Karnataka Students under section 9 shall be regulated by the Fee Regulation Committee constituted by the Government which shall be headed by a retired Supreme Court or High Court Judge and consists of Chancellor, Vice-Chancellor of the University, Principal Secretary or Secretary to Government incharge of Higher Education or by his nominee not below the rank of Deputy Secretary, Principal Secretary or Secretary to Government incharge of Medical Education or by his nominee not below the rank of Deputy Secretary, two Academicians nominated by the Board of Governors of whom one shall be woman. A Chartered Accountant of repute shall be co-opted for this purpose in the Committee."

(2) The Committee shall look after the compliance of the university in its admissions and collection of fee.

CHAPTER – VI

MISCELLANEOUS

39. Conditions of service of employees.- (1) Every employee shall be appointed under a written contract subject to such terms and conditions as may be specified by statutes and regulations or prescribed if any by rules which shall be kept in the University and a copy of which shall be furnished to the employee concerned.

(2) Disciplinary action against the employees shall be governed by the procedure specified in the Statutes.

(3) Any dispute arising out of the contract between the University and an employee shall, be resolved in the manner provided for in the written contract and in accordance with the Statues.

40. Right to appeal.- In case of disciplinary actions by the University against its employee or student, the aggrieved employee or students shall have a right to appeal as specified by the statutes.

41. Provident or pension fund.- The University shall constitute for the benefit of its employees such provident or pension fund and provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be specified by the statutes and the laws in force.

42. Disputes as to constitution of University authorities and bodies.- If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.

43. Constitution of Committees.- Any authority of the University mentioned in section 22, shall be empowered to constitute a committee of such authority, consisting of such members of such authority and having such powers as the authority may deem fit.

44. Filling of casual vacancies.- Any casual vacancy among the members, other than ex-officio members of any Authority or body of the University shall be filled in the same manner in which the member whose vacancy is to be filled up, was chosen, and the person filling the vacancy shall be a member of such authority or body for the residual term for which the person in whose place he would have been a member.

45. Protection of action taken in good faith.- No suit or other legal proceedings shall lie against any officer or other employee of the University for anything, which is done in good faith or intended to be done in pursuance of the provisions of this Act, the Statues or the Rules.

46. Transitional provisions.- Notwithstanding anything contained in any other provisions of this Act and the Statues,-

(i) the first Vice-Chancellor and Pro-Vice-Chancellor, if any shall be appointed by the Chancellor;

(ii) the first Registrar and the first Finance Officer shall be appointed by the Chancellor; and (iii) the first Board of Management, the first Finance Committee, the first Innovation and Research Council and the first Academic Council shall be constituted by the Chancellor.

47. Permanent Statutory Endowment Fund.- (1) The University shall establish a Permanent Statutory Endowment Fund of at least rupees twenty five crores out of which at least fifteen crores shall be in cash and remaining in the form of Bank guarantee which may be increased suo moto but shall not be decreased.

"Provided that in case of a University outside the Bangalore or Bangalore Rural District at least ten crores must be in form of cash and the remaining five crores shall be in form of Bank Guarantee."

(2) The University shall have power to invest the permanent Statutory Endowment Fund in such manner as may be prescribed.

(3) The University may transfer any amount from the General Fund or the Development Fund to the permanent Statutory Endowment Fund. Excepting in the event of dissolution of the University, in no other circumstances can any monies be transferred from permanent Statutory Endowment Fund for other purposes.

(4) Seventy five percent of the incomes received from permanent Statutory Endowment Fund shall be used for the purpose of development or general work of the University. The remaining twenty five percent shall be reinvested in the permanent Statutory Endowment Fund.

48. University Endowment Fund.- (1) The University shall establish a Permanent Statutory Endowment Fund of at least rupees twenty five crores out of which at least fifteen crores shall be in cash and remaining in the form of Bank guarantee which may be increased suo moto but shall not be decreased.

(2) The University shall have the power to invest the University Endowment Fund in a manner as may be specified by the Statutes.

(3) The University Endowment Fund is a self-imposed fund that the University desires to maintain voluntarily and invest it responsibly to protect itself from financial challenges that may arise on account of pursuing social objectives and/or unforeseen circumstance.

(4) The University may transfer any amount from the General Fund or the development fund to the University Endowment Fund. Excepting in the event of dissolution of the University, in no other circumstances can any monies be transferred from the University Endowment Fund for other purposes.

(5) Eighty percent of the incomes received from the University Endowment Fund shall be used for the purposes of development or general work of the University. The remaining twenty percent shall be reinvested into the University Endowment Fund.

49. General Fund. - (1) The University shall establish a General Fund to which the following amount shall be credited, namely:-

(i) all fees which may be charged by the University;

(ii) all sums received from any other source not prohibited by any law for the time being in force;

(iii) all contributions made by the University;

(iv) all contributions/donations made in this behalf by any other person or body which are not prohibited by any law for the time being in force.

(2) The funds credited to the General Fund shall be applied to meet all the recurring expenditure of the University.

50. Development fund.- (1) The University shall establish a Development Fund to which the following funds shall be credited, namely:-

(i) development fees which may be charged from students;

(ii) all sums received from any other source for the purposes of the development of the University;

(iii) all contributions made to the University;

(iv) all contributions/donations made in this behalf by any other person or body which are not prohibited by any law for the time being in force; and

(v) all incomes received from the Permanent Statutory Endowment Fund.

(2) The funds credited to the Development Fund from time to time shall be utilized for the development of the University.

51. Maintenance of funds.- The funds established under sections 47, 48, 49 and 50 shall, subject to general supervision and control of the Board of Governors, be regulated and maintained in such manner as may be prescribed.

52. Annual Report.- (1) The annual report of the University shall be prepared under the direction of the Board of Management and shall be submitted to the Board of Governors for its approval.

(2) The Board of Governors shall consider the annual report in its meeting and may approve the same with or without modification.

(3) A copy of the annual report duly approved by the Board of Governors shall be sent to the Visitor and the State Government before 31st December following close of the financial year in 31st March of each year.

53. Account and audit.- (1) The annual accounts and balance sheet of the University shall be prepared under the direction of the Board of Management and all funds accruing to or received by the University from all source and all amount disbursed or paid shall be entered in the account maintained by the University.

(2) The annual accounts of the University shall be audited by an auditor, who is a member of the Institute of Charted Accountants of India, every year.

(3) A copy of the annual accounts and the balance sheet together with the audit report shall be submitted to the Board of Governors before 30thNovember following close of the financial year in 31 March of each year.

(4) The annual accounts, the balance sheet and the audit report shall be considered by the Board of Governors at its meeting and the Board of Governors shall forward the same to the visitor and the Government along with its observation thereon on or before 31st December of each year.

54. Mode of proof of University record.- A copy of any receipt, application, notice, order, proceeding or resolution of any authority or committee of the University or other documents in possession of the University or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or-document or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein recorded where the original thereof would, if produced, have been admissible in evidence.

55. Power of State Government to issue directions.- The State Government may give such directions to the University as in its opinion are necessary or expedient for carrying out the purposes of this Act or to give effect to any ofವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ೬೦೨೩ the provisions contained therein or of any rules or orders made thereunder and the Board of Governor or the Board of management, as the case may be, of the University shall comply with every such direction.

56. Penalties.- (1) Whoever contravenes the provisions of this Act or the rules made thereunder or any examination matters or in matters relating to award of degrees or in giving marks cards shall on conviction be punishable with fine of rupees fifty thousand which may extend to ten lakhs rupees or with an imprisonment for a term of six months which may extend to two years or with both.

Provided that, where the University is also involved the permission letter granted under this Act to commence the University shall be withdrawn."

(2) A penalty under this section may be imposed without prejudice to the penalty specified in any other Act. 57. Power to enter and inspect.- Any officer not below the rank of Group 'A officer authorised by the State Government in this behalf, shall, subject to such conditions as may be specified therein under the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (Karnataka Act 37 of 1984) shall be deemed to be the Officer authorized to exercise the same powers and discharge the same functions as provided under section 9 of that Act for the purposes of this Act.

58. Power to give direction for dissolution of the University.- (1) If the University proposes dissolution in accordance with the law governing its constitution or incorporation, it shall give at least six months prior notice in writing to the Government.

(2) The Karnataka State Higher Education Council shall conduct periodical Inspection of University regarding;- (i) Standard of Instructions for grant of degree;

(ii) Quality of Education;

(iii) Avoidance of commercialization of Higher Education;

(iv) contravention of the provisions of the Act if any;

-and send report to the Government.

(3) On identification of mismanagement, maladministration and indiscipline, the Government shall issue directions to the management of the University to set right the administration . If the direction is not followed within such time as may be prescribed, the right to take decision for winding up of the University or any course thereof shall vest with the Government.

(4) The manner of winding up of the University or any course thereof shall be such as may be prescribed by the Government in this behalf.

Provided that no such action shall be initiated without affording a reasonable opportunity to show cause to the University

(5) On receipt of the notice referred to in sub-section (1), the Government shall, in consultation with the relevant Regulatory Authority make such arrangements for administration of the University from the proposed date of dissolution of the University or winding up of the course and until the last batch of students in regular courses of studies of the University complete their courses of studies in such manner as may be specified by the Statues.

59. Expenditure of the University during dissolution.-(1) The expenditure of administration of the University during taking over period of its management under sub-section (5) of section 58 shall be met out of the Permanent Statutory Endowment Fund, the General Fund or the Development Fund in such manner as may be prescribed.

(2) If the fund referred to in section 47, 48, 49 and 50 are not sufficient to meet the expenditure of the University during the taking over period of its management, such expenditure may be met by disposing of the properties or asset of the University, by the Government.

(3) Where the dissolution of the University is due to mismanagement or maladministration, the Government is at liberty to identify the persons responsible for such mismanagement or maladministration and to impose penalty as it deems fit.

60. Removal of difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by a notification or by order, make such provisions, which are not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient, for removing the difficulty:

Provided that, no notification or order under this section shall be made after the expiry of a period of five years from the date of commencement of this Act.

(2) Every Order made under sub-section (1), shall, as soon as may be after it is made, be laid before the State Legislature.

61. Power to make rules by the State Government.- (1) The State Government may make rules, by notification, to carryout the purposes of this Act.

(2) Every rule made under this Act shall be laid as soon as may be after it is made 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 session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 rule.

The above translation of ಎಂ.ಎಸ್. ರಾಮಯ್ಯ ಅನ್ವಯಿಕ ವಿಜ್ಞಾನಗಳ ವಿಶ್ವವಿದ್ಯಾಲಯ ಅದಿನಿಯಮ, 2012 (2013ರ ಕರ್ನಾಟಕ ಅದಿನಿಯಮ ಸಂಖ್ಯೆ 15) 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,

K.S.Mudagal Secretary to Government(I/C) Department of Parliamentary Affairs and Legislation

ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ

ನಂ. 894 No. 894 ಭಾಗ – IV-A Part – IV-A

ಬೆಂಗಳೂರು, ಮಂಗಳವಾರ, ಜುಲೈ 9, 2013 (ಆಷಾಡ 18, ಶಕ ವರ್ಷ 1935) Bangalore, Tuesday, July ⁹, ²⁰¹³ (Ashadha ¹⁸, Shaka Varsha ¹⁹³⁵)

PARLIAMENTARY AFFAIRS AND LEGISLATION SECRETARIAT

NOTIFICATION

NO SAMVYASHAE 11 SHASANA 2012, Bangalore, dated: 09.07.2013

348 of the constitution of India in the Karnataka Gazette for general information.

(First Published in the Karnataka Gazette Extra-ordinary on the third day of April, 2013)

THE MANIPAL UNIVERSITY BANGALORE ACT, 2012

(Received the assent of the Governor on the twenty fifth day of February, 2013)

An Act to establish and incorporate in the State of Karnataka a University of unitary nature in Private Sector by the Manipal Education Foundation Trust to promote and undertake the advancement of University Education in Arts, Science, Commerce, Law, Engineering, Medicine, Pharmacy, Dentistry, Nursing, Management, Hospitality, Music, Linguistics and allied sectors and for the matters connected therewith or incidental thereto.

Whereas it is expedient to establish and incorporate in the State of Karnataka, a University of unitary nature in private sector by the Manipal Education Foundation Trust to promote and undertake the advancement of University Education in Arts, Science, Commerce, Law, Engineering, Medicine, Pharmacy, Dentistry, Nursing, Management, Hospitality, Music, Linguistics and allied sectors and for the matters connected therewith or incidental thereto for the purposes hereinafter appearing;

Be it enacted by the Karnataka State Legislature in the Sixty Third Year of the Republic of India as follows:-

CHAPTER - I

PRELIMINARY

1. Short title, Extent and commencement.- (1) This Act may be called the Manipal University Bangalore Act, 2012.

(2) It extends to the whole of the State of Karnataka.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Definitions.- In this Act, unless the context otherwise requires,-

(a) "Academic Council" means the Academic Council of the University as specified in section 25;

(b) "Agenda Matters" means all the matters and business to be designated in the Statutes, each of which can be either included in the Agenda or be taken up for discussion and decision at a meeting of the Board of Governors or the Board of Management or Academic Council or any Committees, as the case may be, only subject to the prior written approval of the Chancellor, consenting to the passing of such matters and business at such a meeting;

(c) "Board of Governors" means the Board of Governors of the University as specified in section 23;

(d) "Board of Management" means the Board of Management of the University as specified in section 24;

(e) "Chancellor", "Vice-Chancellor", "Pro Vice-Chancellor" means respectively the Chancellor, Vice Chancellor and Pro Vice Chancellor of the University;

(f) "Campus" means a campus established, maintained by the University, wherever situated;

(g) "Committees" means the committees formed under this Act or by the various functionaries of the University as the case may be and includes the Nomination Committee, the Finance Committee and such other committees;

(h) "Constituent College" means a college or institution established and maintained by the University;

(i) "Finance Committee" means the Finance Committee of the University as specified in section 27;

(j) "Foundation" means the Manipal Education Foundation Trust registered under the Indian Trust Act, 1882;

(k) "Government" means the Government of Karnataka;

(l) "National Accreditation bodies" means bodies established by the Central Government for laying down norms and conditions for ensuring academic standards of higher education, such as University Grants Commission, All India Council of Technical Education, National Council for Teacher Education, Medical Council of India, Pharmaceutical Council of India, National Council of Assessment and Accreditation, Indian Council of Agriculture Research, Distance Education Council, Council of Scientific and Industrial Research etc. and includes the Government;

(m) "Prescribed" means prescribed by rules made by the Government under this Act;

(n) "Principal in relation to a constituent College" means the head of the constituent School or constituent College and includes, where there is no Principal appointed or in the absence of a Principal appointed, the Vice-Principal or any other person for the time being appointed to act as Principal;

(o) "Registrar" means the Registrar of the University;

(p) "Regional Centre" means a centre established or maintained by the University for the purpose of coordinating and supervising the work of Study Centres in any region and for performing such other functions as may be conferred on such Centre by the Board of Management;

(q) "Sponsoring Authority" or "Sponsoring Body" in relation to this Act means the Foundation;

(r) "State" means State of Karnataka;

(s) "Statutes" and "Regulations" means respectively the Statutes and Regulations of the University made under this Act;

(t) "Study Centre" means a Centre established and maintained by the University for the purpose of advising, counseling or for rendering any other assistance required by the students in the context of the distance education;

(u) "Teacher" means and includes a Professor, Associate Professor, Assistant Professor, Reader or Lecturer or such other person as may be appointed for imparting instruction or conducting or to guide research in the University or in a Constituent College and includes the Principal of Constituent College in conformity with the norms prescribed by the University Grants Commission;

(v) "University Grants Commission" means the Commission established under section 4 of the University Grants Commission Act, 1956 (Central Act 3 of 1956);

(w) "University" means the Manipal University Bangalore established and incorporated under this Act; (x) "Visitor" means the visitor of the University as specified in section 13.

CHAPTER - II

THE UNIVERSITY AND SPONSORING BODY

3. Proposal for the establishment of the University.- (1) The Foundation shall entitle to establish the University of unitary nature subject to and in accordance with the provisions of this Act.

(2) The proposal to establish a University shall be made to the State Government by the Foundation.

(3) The proposal shall consists of the following particulars, namely:-

(i) the objects of the University along with the details of the Foundation;

(ii) the extent and status of the University and the availability of land;

(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, for 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 persons 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 Foundation 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 State Government to be fulfilled before the establishment of the University.

(4) A Screening Committee shall be constituted by the State Government consisting of three member who are Ex- officio members of Karnataka State Higher Education Council to examine the proposals received, which shall make recommendations to the State Government.

4. Establishment of the University.- "(1) Where the State 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) owns a land to the extent specified below in accordance with its location, namely:-

(a) twenty five acres of land if it is within limits of Bruhat Bangalore Mahanagara Palike;

(b) forty acres of land if it is outside the limits of Bruhat Bangalore Mahanagara Palike but within Bangalore Metropolitan Region Development Authority area;

(c) not less than sixty acres of land in the places other than the places specified in clauses (a) and (b).

The land specified above shall consist of a single block and it shall be in the name of concerned trust/foundation/institution/university itself. 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 47." (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 nature in the State by the name of "Manipal University Bangalore".

(3) The head quarters of the University shall be at Doddaballapur. The University shall have Campuses or Regional Centres, Study Centres anywhere in Karnataka and, subject to the prior permission of the state Government and as per UGC norms.

(4) The first Chancellor, the first Vice-Chancellor, the first members of the Board of Governors, the 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) 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 Foundation for the purpose of the University shall vest with the University.

(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) The land, building and other properties of the University shall not be used for any other purpose other than incidental to the objects of the university.

5. Grants and Financial Assistance.- The University shall be self-financing and shall neither make a demand nor shall be entitled to any maintenance, grant-in-aid or any other financial assistance from the State or any other body or corporation owned or controlled by the State:

Provided that the State may, provide financial support through grants or otherwise:-

(a) for research, development and other activities for which other State Government organizations are provided financial assistance; or

(b) for any specific research or programmes receiving support from the Government; and

(c) provided to or for the benefit of similar universities in the State whether subject to a change in State policy or otherwise:

Provided further that the university may receive any financial support from any other source.

6. Power to establish constituent College, additional campuses, Regional Centres or Study Centres.- The University may have Constituent Colleges, Regional Centres, additional campuses and Study Centres at such places in the State as it deems fit after the completion of five years after its establishment with prior approval of the State Government subject to norms of UGC and other National Accreditation bodies."

7. Objects of the University.- The University shall employ a broad range of strategies to achieve its vision and objectives:-

(i) to support, promote and undertake advancement of University Education leading upto and including under graduate, post graduate doctoral and post doctoral courses in Arts, Sciences, Commerce, Law, Engineering, Medicine,ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ೬೦೨೮ pharmacy, dentistry, nursing, Management Hospitality, Music languages and make provisions for research, advancement and dissemination of knowledge on these fields.

(ii) to establish Campuses Regional center and have study centers constituent Colleges at various locations in Karnataka and or to contribute and develop an understanding of educational change and social and human development as per norms of the University grants commission with prior approval of the state Government.

(iii) to institute degrees, diplomas, certificates and other academic distinctions like award of credits on the basis of successful completion of academic work evaluated through multiple modern methods of assessment;

(iv) to collaborate with any other universities, research institutions, non profit organizations, industry associations, professional associations or other organizations to conceptualize, design, develop and offer specific educational and research programmes, training programmes and exchange programmes for students, faculty members and others;

(v) to undertake programmes for development and training of faculty and researchers of the University in partnership with any other university of quality across the world with prior permission of the State Government; (vi) to undertake collaborative research and advocacy with any organizations with prior approval of the State Government;

(vii) to disseminate and avance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit and in particular, to make special provisions for integrated courses in humanities and sciences in the educational programmes of the University and to make appropriate measures for promoting interdisciplinary studies and research in the University.

(viii) to provide an innovative system of University level education, flexible and open, in regard to methods and places of learning, combination of courses, eligibility for enrolment, age of entry, conduct of examination and operation of programmes with a view to promoting access and equity in higher learning and to encourage excellence in the new fields of knowledge and to provide special emphasis on both the academic and application oriented learning.

(ix) to promote national integration and the integrated development of human personality through its policies and programmes.

8. Powers of the University.- The University shall have the following powers, namely:-

(i) to establish and maintain Campuses, Regional Centres and Study Centres in Karnataka as may be determined by the University from time to time in the manner laid down by the Statutes with prior approval of the Government and as per UGC norms.

(ii) to carry out such other activities as may be necessary or feasible in furtherance of the object of the University;

(iii) to confer degrees or other academic distinctions in the manner and under conditions laid down in the Statutes;

(iv) to institute and award fellowships, scholarships prizes, awards and medals etc., in accordance with the Statutes;

(v) to demand and receive such fees, bills, invoices and collect charges as may be fixed by the Statutes or rules, as the case may be;

(vi) to make provisions for extra curricular activities for students and employees;

(vii) to make appointments of the Faculty, officers and employees of the University or a Constituent College, Campuses, Regional Centres, Study Centres;

(viii) to receive voluntary donations and gifts of any kind not prohibited by any law for the time being in force and to acquire, hold, manage, maintain and dispose of any movable or immovable property, including trust and endowment properties for the purpose of the University or a Constituent College or a Campus, Regional Centre, Study Centre;

(ix) to institute and maintain hostels and to recognize places of residence for students of the University or a Constituent College;

(x) to supervise and control the residence and to regulate the discipline among the students and all categories of employees and to lay down the conditions of service of such employees, including the Code of Conduct for the students and employees;

(xi) to create academic, administrative and support staff and other necessary posts;

(xii) to co-operate and collaborate with other Universities in such manner and for such purposes as the University may determine from time to time;

(xiii) to organize and conduct refresher courses, orientation courses workshops, seminars and other programmes for teachers, lesson writers, evaluators and other academic staff;

(xiv) to determine standards of admission to the University or a Constituent College, Regional Centres, Study Centres with the approval of Academic Council and to make admission of students of Karnataka not less than the extent provided in this Act;

(xv) to do such other acts or things whether incidental to the powers aforesaid or not, as may be necessary to further the objects of the University;

(xvi) to institute Degrees, Diplomas, Certificates and other academic distinctions on the basis of examination or any other method of evaluation approved by the Government;

(xvii) to provide for the preparation of instructional materials, including films, cassettes, tapes, video cassettes, CD, VCD and other software and other relevant electronic and print media;

(xviii) to raise, collect, subscribe and borrow money with the approval of the Board of Governors whether on the security of the property of the University, for the purposes of the University;

(xix) to acquire, takeover and run the management of any other educational institutions with the prior approval of the Government.

(xx) to acquire properties with the prior approval of the board of management.

(xxi) to undertake any other activities connected with or incidental to above objectives of the University.

9. University open to all classes, castes, creed gender or nation.- The University admissions shall be open to all persons irrespective of class, caste, creed or gender or nation. All admissions shall be made on the basis of merit in the qualifying examinations.

"Provided that forty percent of the admissions in all courses of the university shall be reserved for the students of Karnataka State and admissions shall be made through a Common Entrance Examination conducted by the State Government or its agency and seats shall be allotted as per the merit and reservation policy of the State Government from time to time.

Provided further that where there are less than ten seats in any course like Post Graduate, they shall be reserved by clubbing such courses together and where there are less than three posts in any course they shall be reserved by rotation."

10. National Accreditation.- The University shall seek accreditation from respective statutory national accreditation bodies soon after its establishment. Further all the courses run by Private Universities shall be as per the regulations of the National Accreditation Bodies".

11. Powers of the sponsoring body.- The sponsoring body shall have the following powers with reference to the University, each of which may be exercised by the Sponsoring Body at its discretion, namely:-

(i) to appoint or re-appoint or terminate the appointment of the Chancellor;

(ii) to constitute the first Board of Governors of the University;

(iii) to nominate the chairperson of the Board of Governors;

(iv) to nominate three persons as members of the Board of Governors;

(v) to nominate two persons as members of the Board of Management;

(vi) to determine the source of funds to be contributed to the University Endowment Fund;

(vii) to determine the application and spending of moneys by the University;

(viii) to resolve any Conflict at the meeting of the Board of Governors in the manner provided for in this Act.

CHAPTER – III

OFFICERS OF THE UNIVERSITY

12. Officers of the University.- The following shall be the officers of the University:-

(i) The Visitor

(ii) The Pro-Visitor

(iii) The Chancellor;

(iv) The Vice-Chancellor;

(v) The Pro Vice-Chancellor;

(vi) The Registrar;

(vii) The Finance Officer; and

(viii) Such other officers as may be declared by the Statutes to be officers of the University.

13. The Visitor.- (1) His Excellency The Governor of Karnataka shall be the Visitor of the University and the visitor may offer suggestions for the improvement of the functioning of the University.

(2) The Visitor shall preside over the convocation of the University for conferring degrees and diplomas.

(3) The Visitor shall have the following powers, namely:-

(i) to call for any paper or information relating to the affairs of the University;

(ii) on the basis of the information received by the Visitor and if he is satisfied that any order, proceedings or decision taken by any authority of the University is not in conformity with the Act, Regulations, or Rules, he may issue such directions as he may deem fit in the interest of the University and the directions so issued shall be complied with by all the concerned.

14. The Pro-Visitor.- (1) The Hon'ble Minister for Higher Education of the Government of Karnataka shall be the Pro-Visitor of the University.

(2) The Pro-Visitor shall, when the Visitor is absent, preside at the Convocation of the University for conferring Degrees and Diplomas.

15. The Chancellor.- (1) The Chancellor shall be appointed by the Sponsoring Body.

(2) The founder trustee of the Sponsoring Body shall be the first Chancellor, who shall hold for life or till he demits office.

(3) The subsequent Chancellor shall be either the then Trustee of the Sponsoring Body or such other person of eminence national figure in the field of education, science, culture or public life, when such an appointment is being considered, as may be decided by the Sponsoring Body.

(4) The subsequent Chancellor so appointed shall hold the office as determined by the Sponsoring Body.

(5) The Chancellor shall have such powers as may be conferred on him by this Act or the Statutes made there under, which shall include the following powers, namely:-

(i) to function as the head of the University;

(ii) to preside at all convocations of the University in absence of Visitor and Pro-Visitor

(iii) to function as a member and the Chairperson of the Board of Governors of the University and also attend all the meetings of the Board of Governors;

(iv) to appoint or re-appoint or terminate the appointment of the Vice-Chancellor, in accordance with the provisions of this Act and the Statutes;

(v) to nominate a person as a member of the Nomination Committee as referred to in sub-section (2) of section 16 of this Act;

(vi) to approve the appointment of the Pro Vice-Chancellor, the Dean, the Registrar and the Finance Officer;

(vii) to nominate two academicians as members on the Board of Governors;

(viii) to appoint the first Pro Vice-Chancellor and the Finance Officer;

(ix) to constitute the first Board of Management, the Finance Committee, the Research Council, and the Academic Council;

(x) to pre-approve the Agenda matters in the manner provided in the Act;

(xi) to resolve a conflict (excluding conflicts at a meeting of the Board of Governors) in the manner provided for in this Act.

(6) In the event of there being a conflict inter-se between the functionary or body and any other functionary or body of the University, then the issue shall be referred to the Chancellor and the decision of the Chancellor in respect of such issue shall be final and binding on the University.

16. The Vice-Chancellor.- (1) The Vice-Chancellor shall be appointed by the Chancellor, for a term of three years, subject to other terms and conditions as may be laid down by the Statutes from among three persons recommended by the Nomination Committee constituted in accordance with the provisions of sub-section (2). After the term of three years, it is renewable for another term of three years.

Provided that a vice-chancllor shall continue to hold the office even after expiry of his turm till new vice- chancellor joins. However, in any case this period shall not exceed one year.

(2) The Nomination Committee referred to in sub-section (1) shall consist of the following persons, namely:-

(i) One person nominated by the Chancellor;

(ii) Two nominees of the Board of Governors, one of whom shall be nominated as the Convener of the Committee by the Board of Governors.

(3) The Nomination Committee shall, on the basis of merit, recommend three persons suitable to hold the office of the Vice-Chancellor and forward the same to the Chancellor along with a concise statement showing the academic qualifications and other distinctions of each person.

(4) The Vice-Chancellor shall be the Principal Executive and Academic Officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of the authorities of the University.

Provided that Where any matter, other than the appointment of a Teacher is of urgent nature requiring immediate action and the same could not be immediately dealt with by any officer or the authority or other body of the University empowered by or under this Act to deal with it, the Vice-Chancellor may take such action as he may deems fit with the prior written approval of the Chancellor.

(5) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be laid down by the Statutes or the Rules.

Provided that. where in the opinion of the Vice-chancellor, any decision of any authority of the university is outside the powers conferred by this Act or Statutes, Regulations or Rules made there under or is likely to be prejudicial to the interests of the university, he shall request the concerned authority to revise its decision within fifteen days from the date of its decision and in case the authority refuses to revise such decision wholly or partly or fails to take any decision within fifteen days, then such matter shall be referred to the Chancellor and his decision thereon shall be final.

(6) The services of the Vice-Chancellor can be terminated by the Chancellor with the approval of the Board of Governors and the Chancellor after following the principles of natural justice and after providing an opportunity to present his case including for termination on disciplinary grounds.

(7) The Vice-Chancellor shall preside at the convocation of the University in the absence of the visitor, pro-visitor and the Chancellor.

17. The Pro Vice-Chancellor.- The Vice-Chancellor shall appoint not exceeding three pro-vice Chancellors with the written approval of the Chancellor in such manner and they shall exercise such powers and perform such duties as may be laid down by the Statutes.

18. Deans of Faculties .- Deans of faculties shall be appointed by the Vice-Chancellor with the written approval of the Chancellor in such manner and they shall exercise such powers and perform such duties as may be laid down by the Statutes.

19. The Registrar.- (1) The Registrar shall be appointed by the Chancellor in such manner and on such terms and conditions as may be laid down by the Statutes.

(2) All contracts as defined in statutes shall be entered into and signed by the Registrar on behalf of the University.

(3) The Registrar shall have the power to authenticate records on behalf of the University and shall exercise such other powers and perform such other duties as may be conferred by the statutes or may be required from time to time, by the Chancellor or the Vice-Chancellor.

(4) The Registrar shall be responsible for the due custody of the records and the common seal of the University and shall be bound to place before the Chancellor, the Vice-Chancellor or any other authority, all such information and documents as demanded.

20. The Finance Officer.- The Finance Officer shall be appointed by the Vice-Chancellor with the written approval of the Chancellor in such manner and he shall exercise such powers and perform such duties as may be conferred by the Statutes.

21. Other Officers.- The manner of appointment, terms and conditions of service and powers and duties of the other officers of the University shall be such as may be specified by Statutes.

CHAPTER – IV

AUTHORITIES OF THE UNIVERSITY

22. Authorities of the University.- The following shall be the authorities of the University, namely:-

(i) The Board of Governors;

(ii) The Board of Management;

(iii) The Academic Council;

(iv) Research Council and innovation council

(v) The Finance Committee; and

(vi) Such other authorities as may be declared by the Statutes to be the authorities of the University.

23. The Board of Governors and its powers.- "(1) The Board of Governors shall consist of the following, namely:-

(i) The Chancellor- Chairperson;

(ii) The Vice-Chancellor- Member;

(iii) The Principal Secretary/Secretary to the State Government in the Higher Education or by his nominee not below the rank of Deputy Secretary ;

(iv) The Principal Secretary/ Secretary to the Government in the Medical Education or by his nominee not below the rank of Deputy Secretary;

(v) One expert from the field of management, finance or any other specialized, including administration to be nominated by the State Government;

(vi) Two persons nominated by the Sponsoring Body of whom one shall be woman;

(vii) The Pro Vice-Chancellor who shall be a non-voting member;

(viii) One eminent educationist nominee of the university grant commission."

(2) The Registrar shall be non-voting member secretary of the Board of Governors.

(3) The tenure of office of the members of the Board of Governors, appointment of members, other than Government nominees, renewal and removal, etc., shall be such as may be laid down by the Statutes.

(4) All meetings of the Board of Governors shall always be chaired by the Chancellor and in his absence by any one of the nominees of the Sponsoring Body and where the Sponsoring Body has not nominated any nominees, then by the Vice-Chancellor.

(5) Quorum for all meetings of the Board of Governors, shall be three members attending and voting at such meeting.

Provided that the presence of either the Chancellor or one nominee of the Sponsoring Body and in the absence of the Chancellor or one nominee of Sponsoring Body, the Vice Chancellor, shall always be necessary to form the quorum for any meeting of the Board of Governors.

(6) No resolution shall be passed or decision be taken by the Board of Governors at their meeting, in respect of any Agenda Matters except pursuant to an affirmative vote by the Chancellor in favour of the Agenda matter.

(7) The Board of Governors shall be the Principal Governing Body of the University and shall have the following powers, namely:-

(i) to appoint the Statutory Auditors of the University;

(ii) to lay down policies to be pursued by the University;

(iii) to review decisions of other authorities of the University, if they are not in conformity with the provisions of this Act, or the Statutes or the Rules;

(iv) to approve the Budget and Annual Report of the University;

(v) to make new or additional Statutes or amend or repeal the earlier Statutes and Rules;

(vi) to take decision about voluntary winding up of the University;

(vii) to approve proposals for submission to the Government;

(viii) to take such decisions and steps as are found desirable for effectively carrying out the objects of the University.

(8) The Board of Governor shall, meet at least three time in a year, at such time and place as may be specified by the Statutes.

24. The Board of Management.- (1) The Board of Management shall consist of the following, namely:-

(i) The Vice Chancellor;

(ii) The Pro-Vice Chancellor;

(iii) The Registrar;

(iv) Two nominees of the Sponsoring Body;

(v) Two Deans of the faculties as nominated by the Vice Chancellor.

(2) The Vice Chancellor shall be the Chairperson and the Registrar shall be the Secretary, of the Board of Management.

(3) The Board of the management shall be the executive body of the university. The powers and functions of the Board of Management shall be such as may be specified by the statutes.

(4) All meetings of the Boards of Management shall always be chaired by the Vice Chancellor and in the absence of the Vice Chancellor, by the nominee of the Sponsoring Body and where the Sponsoring Body has not nominated any nominees, then by any other member as elected by the members present in the meeting.

(5) In the event of a conflict of opinion at a meeting of the Board of Management, the issue shall be referred to the Chancellor and the decision of the Chancellor in respect of such issue shall be final and binding on the University.

25. The Academic Council.- (1) The Academic Council shall consist of the following, namely:-

(i) The Vice-Chancellor - Chairperson

(ii) The Pro Vice Chancellor - Member

(iii) The Registrar - Secretary

(iv) Such other members as may be specified by the Statutes.

(2) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes, Regulations and the Rules, co-ordinate and exercise general supervision over the academic policies of the University.

26. The Research and innovation Council.- (1) Research and innovation Council shall be the Principal Research and innovation Committee of the University and shall provide the larger holistic vision of the kind of research and innovation to be undertaken by the University, including prioritization of the areas. This Council shall, subject to the provisions of this Act, the Statutes, Regulations and the Rules, co-ordinate and exercise general supervision over the Research and innovation polices of the University.

(2) The Research and innovation Council shall consist of the following, namely:-

(i) The Vice-Chancellor - Chair Person

(ii) The Pro Vice Chancellor - Member

(iii) The Dean of Research - Secretary

(iv) Head of the Department of innovation - Member

(v) Deans of all Faculties - Members and

(vi) Such other members as may be specified in the Statutes.

27. The Finance Committee.- (1) The Finance Committee shall consist of the following, namely:-

(i) The Chancellor or his Nominee - Chairperson

(ii) The Vice-chancellor - Member

(iii) The Registrar - Member

(iv) The Finance Officer - Secretary

(v) One nominee of the Sponsoring Body - Member; and

(vi) Such other members as may be specified in the statutes.

(2) The Finance Committee shall be the principal financial body of the University to take financial matters and shall, subject to the provisions of this Act, rules and Statutes, undertake co-ordination exercise, general supervisions over the financial matters of the University.

28. Other Authorities.- The constitution, powers and functions of the other authorities of the University shall be such as may be specified by the statutes.

29. Disqualification for membership of an Authority or Body: A person shall be disqualified for being a member of any of the authorities of bodies of the University, if he;

(a) is of unsound mind and stands so declared by a competent court;

(b) is an un discharged insolvent;

(c) has been convicted of any offence involving moral turpitude;

(d) is conducting or engaging himself in private coaching classes; or

(e) has been punished for indulging in or promoting unfair practice in the conduct of any examination, in any form, anywhere.

(f) As and when the Sponsoring Body were to form an opinion in writing that a Member of any of the authorities or bodies is unfit to hold the post.

30. Proceedings not invalidated on account of vacancy.- No act or proceedings of any authority of the University shall be invalid merely by reason of the existence of any vacancy or defect in the constitution of the authority.

31. Provisions pertaining to Agenda Matters.- (1) No Agenda Matter shall be either included in the Agenda for or taken up for discussion or decided in the meeting of the Board of Governors or the Board of Management or any Committees without obtaining the prior written approval of the Chancellor.

(2) In the event of breach of any provisions of this Act, the Chancellor shall be entitled at all time to immediately take remedial action by reversing all decisions taken by any functionary or body of the University and consequent upon the pursuit of such a remedial action all such actions taken by the functionary or body of the University in breach of the provisions of the Act shall be deemed to be null and void ab initio and consequently the status quo ante shall prevail in respect of the matter or decision in breach.

CHAPTER - V

STATUTES AND REGULATIONS

32 Statutes.- Subject to the provisions of this Act, the Statutes may provide for all or any matter relating to the university and staff, as given below, namely:-

(i) the procedure for transaction of business of the Authorities of the University and the composition of bodies not specified in this Act;

(ii) the operation of the permanent statutory endowment fund, University endowment fund, the general fund and the development fund;

(iii) the terms and conditions of appointment of the Vice-Chancellor, the Registrar and the Finance Officer and their powers and functions;

(iv) the mode of recruitment and the terms and conditions of service of the other officers, Teachers and employees of the University;

(v) the procedure for resolving disputes between the University and its officers, Faculty members, employees and students;

(vi) creation, abolition or restructuring of departments and faculties;

(vii) the manner of co-operation with other Universities or institutions of higher learning;

(viii) the procedure for conferment of honorary degrees;

(ix) provisions regarding grant of free ships and scholarships;

(x) number of seats in different courses of studies and the procedure of admission of students to such courses;

(xi) the fee chargeable from students for various courses of studies;

(xii) institution of fellowships, scholarships, studentships, freeships, medals and prizes;

(xiii) procedure for creation and abolition of posts;

(xiv) any other matters which may be specified by the board of Governors or required to be provided by statues under this Act.

33. Statutes how made.-(1) The first statutes framed by the Board of Management shall be submitted to the Board of Governors for its approval.

(2) The Board of Governors shall consider the First Statutes, submitted by the Board of Management and shall give its approval thereon with such modifications, if any, as it may deem necessary.

(3) The University shall publish the First Statutes, as approved by the Board of Governors in the University Notification, and thereafter, the First Statutes shall come into force from the date of its publication.

34. Power to amend the Statutes.- The Board of Governors may, make new or additional Statutes or amend or repeal the Statutes.

35. Regulations.- Subject to the provisions of this Act, the regulations may provide for all or any of matters, namely:-

(i) admission of students to the University and their enrolment and continuance as such;

(ii) the courses of study to be laid down for all degrees and other academic distinctions of the University;

(iii) the award of degrees and other academic distinctions;

(iv) the conditions of the award of fellowships, scholarships, studentships, medals and prizes;

(v) the conduct of examinations and the conditions and mode of appointment and duties of examining bodies, examiners invigilators, tabulators and moderators;

(vi) the fee to be charged for admission to the examinations, degrees and other academic distinctions of the University;

(vii) the conditions of residence of the students at the University or a Constituent College;

(viii) maintenance of discipline among the students of the University or a Constituent College;

(ix) all other matters as may be provided in the Statutes under the Act.

36. Regulations how made.- The Regulations shall be made by the Academic Council and approved by Board of Management.

37. Power to amend Regulations.-The Academic Council may, with the approval of the Board of Management, make new or additional regulations or amend or repeal the regulations.

38. Fee Regulation Committee.- (1) The fee of the university seats reserved for Karnataka Students under section 9 shall be regulated by the Fee Regulation Committee constituted by the Government which shall be headed by a retired Supreme Court or High Court Judge and consists of Chancellor, Vice-Chancellor of the University, Principal Secretary or Secretary to Government incharge of Higher Education or by his nominee not below the rank of Deputyಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ೬೦೩೬ Secretary, Principal Secretary or Secretary to Government incharge of Medical Education or by his nominee not below the rank of Deputy Secretary, two Academicians nominated by the Board of Governors of whom one shall be woman. A Chartered Accountant of repute shall be co-opted for this purpose in the Committee.

(2) The Committee shall look after the compliance of the university in its admissions of collection of fee."

CHAPTER – VI

MISCELLANEOUS

39. Conditions of service of employees.- (1) Every employee shall be appointed under a written contract subject to such terms and conditions as may be specified by statutes and regulations or prescribed if any by rules, which shall be kept in the University and a copy of which shall be furnished to the employee concerned.

(2) Disciplinary action against the employees shall be governed by the procedure specified in the Statutes.

(3) Any dispute arising out of the contract between the University and an employee shall, be resolved in the manner provided for in the written contract and in accordance with the Statues.

40. Right to appeal.- In case of disciplinary actions by the University against its employee or student, the aggrieved employee or students shall have a right to appeal to such authority as specified by the statutes.

41. Provident or pension fund.- The University shall constitute for the benefit of its employees such provident or pension fund and provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be specified by the statutes and the laws in force.

42. Disputes as to constitution of University authorities and bodies.- If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.

43. Constitution of Committees.- Any authority of the University mentioned in section 22, shall be empowered to constitute a committee of such authority, consisting of such members having such powers as the authority may deem fit.

44. Filling of casual vacancies.- Any casual vacancy among the members, other than ex-officio members of any Authority or body of the University shall be filled in the same manner in which the member whose vacancy is to be filled up, was chosen, and the person filling the vacancy shall be a member of such authority or body for the residual term for which the person in whose place he/she would have been a member.

45. Protection of action taken in good faith.- No suit or other legal proceedings shall lie against any officer or other employee of the University for anything, which is done in good faith or intended to be done in pursuance of the provisions of this Act, the Statues or the Rules.

46. Transitional provisions.- Notwithstanding anything contained in any other provisions of this Act and the Statutes,-

(i) the first Vice-Chancellor and Pro-Vice-Chancellor, if any shall be appointed by the Chancellor;

(ii) the first Registrar and the first Finance Officer shall be appointed by the Chancellor; and (iii) the first Board of Management, the first Finance Committee, the first Distance Education Committee, the first Research Council and the first Academic Council shall be constituted by the Chancellor.

47. Permanent Statutory Endowment Fund.- "(1) The University shall establish a Permanent Statutory Endowment Fund of at least rupees twenty five crores, out of which at least fifteen crores shall be in cash and remaining in the form of Bank Guarantee, which may be increased suo moto but shall not be decreased.

Provided that, in case of a University outside the Bangalore or Bangalore Rural District at least ten crores must be in form of cash and the remaining five crores shall be in form of Bank Guarantee."

(2) The University shall have power to invest the permanent Statutory Endowment Fund in such manner as may be prescribed.

(3) The University may transfer any amount from the General Fund or the Development Fund to the permanent Statutory Endowment Fund. Excepting in the dissolution of the University, in no other circumstances can any moneys be transferred from permanent Statutory Endowment Fund for other purposes.

(4) Seventy five percent of the incomes received from permanent Statutory Endowment Fund shall be used for the purpose of development or general work of the University. The remaining twenty five percent shall be reinvested in the permanent Statutory Endowment Fund.

48. University Endowment Fund.- (1)The University shall establish a University Endowment Fund having such funds as may be determined by the Sponsoring Body which can include donations and other funds received from time to time.

(2) The University shall have the power to invest the University Endowment Fund in a manner as may be specified by the Statutes.

(3) The University Endowment Fund is a self-imposed fund that the University desires to maintain voluntarily and invest it responsibly to protect itself from financial challenges that may arise on account of pursuing social objectives and/or unforeseen circumstance.

(4) The University may transfer any amount from the General Fund or the development fund to the University Endowment Fund. Excepting in the dissolution of the University, in no other circumstances moneys can be transferred from the University Endowment Fund for other purposes.

(5) Eighty percent of the incomes received from the University Endowment Fund shall be used for the purposes of development or general work of the University. The remaining twenty percent shall be reinvested into the University Endowment Fund.

49. General Fund.- (1) The University shall establish a General Fund to which the following amount shall be credited, namely:-

(i) all fees which may be charged by the University;

(ii) all sums received from any other source not probihited by any law for the time being in force ;

(iii) all contributions made to the University;

(iv) all contributions/donations made in this behalf by any other person or body which are not prohibited by any law for the time being in force.

(2) The funds credited to the General Fund shall be applied to meet all the recurring expenditure of the University.

50. Development fund.- (1) The University shall also establish a Development Fund to which the following funds shall be credited, namely:-

(i) development fees which may be charged from students;

(ii) all sums received from any other source for the purposes of the development of the University;

(iii) all contributions made to the University;

(iv) all contributions/donations made in this behalf by any other person or body which are not prohibited by any law for the time being in force; and

(v) all incomes received from the Permanent Statutory Endowment Fund.

(2) The funds credited to the Development Fund from time to time shall be utilized for the development of the University.

51. Maintenance of funds.- The funds established under sections 47, 48, 49 and 50 shall, subject to general supervision and control of the Board of Governors, be regulated and maintained in such manner as may be prescribed.

52. Annual Report.- (1) The annual report of the University shall be prepared under the direction of the Board of Management and shall be submitted to the Board of Governors for its approval.

(2) The Board of Governors shall consider the annual report in its meeting and may approve the same with or without modification.

(3) A copy of the annual report duly approved by the Board of Governors shall be sent to visitor and the

st

Government before 31st December following close of the financial year in 31 March of each year.

53. Account and audit.- (1) The annual accounts and balance sheet of the University shall be prepared under the direction of the Board of Management and all funds accruing to or received by the University from all source and all amount disbursed or paid shall be entered in the accounts maintained by the University.

(2) The annual accounts of the University shall be audited every year by an auditor, who is a member of the Institute of Charted Accountants of India.

(3) A copy of the annual accounts and the balance sheet together with the audit report shall be submitted to the th

st

Board of Governors before 30 November following close of the financial year in 31 March of each year.

(4) The annual accounts, the balance sheet and the audit report shall be considered by the Board of Governors at its meeting and the Board of Governors shall forward the same to the Visitor and the Government along with its

st

observations thereon on or before the 31 December of each year.

54. Mode of proof of University record.- A copy of any receipt, application, notice, order, proceeding or resolution of any authority or committee of the University or other documents in possession of the University or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein recorded where the original thereof would, if produced, have been admissible in evidence.

55. Power of State Government to issue directions.- The State Government may give such directions to the University as in its opinion are necessary or expedient for carrying out the purposes of this Act or to give effect to any of the provisions contained therein or of any rules or orders made thereunder and the Board of Governors or the Board of management, as the case may be, of the University shall comply with every such direction.

56. Penalties.- "(1) Whoever contravenes the provisions of this Act or the rules made thereunder or any examination matters or in matters relating to award of degrees or in giving marks cards shall on conviction be punishable with fine of rupees fifty thousand which may extend to ten lakhs rupees or with an imprisonment for a term of six months which may extend to two years or with both.

Provided that, where the University is also involved the permission letter granted under this Act to commence the University shall be withdrawn."

(2) A penalty under this section may be imposed without prejudice to the penalty specified in any other Act. 57. Power to enter and inspect.- Any officer not below the rank of Group 'A officer authorised by the State Government in this behalf, shall, subject to such conditions as may be specified therein under the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (Karnataka Act 37 of 1984) shall be deemed to be the Officer authorized to exercise the same powers and discharge the same functions as provided under section 9 of that Act for the purposes of this Act.

58. Power to give direction for dissolutions of the University.- (1) If the University proposes dissolution in accordance with the law governing its constitution or incorporation, it shall give at least six months prior notice in writing to the Government.

(2) The Karnataka State Higher Education Council shall conduct periodical Inspection of University regarding;- (i) Standard of Instructions for grant of degree;

(ii) Quality of Education;

(iii) Avoidance of commercialisation of Higher Education;

(iv) contravention of the provisions of the Act if any.

- and send report to the Government.

(3) On identification of mismanagement, mal-administration and indiscipline, the Government shall issue directions to the management of the University to set right the administration . If the direction is not followed within such time as may be prescribed, the right to take decision for winding up of the University or any course thereof shall vest with the Government.

(4) The manner of winding up of the University or any course thereof shall be such as may be prescribed by the Government in this behalf.

Provided that no such action shall be initiated without affording a reasonable opportunity to show cause to the University

(5) On receipt of the notice referred to in sub-section (1), the Government shall, in consultation with the relevant Regulatory Authority make such arrangements for administration of the University from the proposed date of dissolutionವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ೬೦೩೯ of the University or any course thereof and until the last batch of students in regular courses of studies of the University complete their courses of studies in such manner as may be specified by the Statues.

59. Expenditure of the University during dissolution.- (1) The expenditure of administration of the University during the taking over period of its management under sub-section (5) of section 58 shall be met out of the Permanent Statutory Endowment Fund, the General Fund or the Development Fund in such manner as may be prescribed.

(2) If the fund referred to in section 47, 48, 49 and 50 are not sufficient to meet the expenditure of the University during the taking over period of its management, such expenditure may be met by disposing of the properties or asset of the University, by the Government.

(3) Where the dissolution of the University is due to mismanagement or maladministration, the Government is at liberty to identify the persons responsible for such mismanagement or maladministration and to impose penalty as it may deems fit.

60. Removal of difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by a notification or by order, make such provisions, which are not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient, for removing the difficulty:

Provided that, no notification or order under this section shall be made after the expiry of a period of five years from the date of commencement of this Act.

(2) Every Order made under sub-section (1) shall, as soon as may be after it is made, be laid before the State Legislature.

61. Power to make rules by the State Government.- (1) The State Government may make rules, by notification, to carryout the purposes of this Act.

(2) Every rule made under this Act shall be laid as soon as may be after it is made 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 session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 rule.

The above translation of ಮಣಿಪಾಲ್ ವಿಶ್ವವಿದ್ಯಾಲಯ ಬೆಂಗಳೂರು ಅದಿನಿಯಮ, 2012 (2013ರ ಕರ್ನಾಟಕ ಅದಿನಿಯಮ ಸಂಖ್ಯೆ 46) 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,

K.S.Mudagal Secretary to Government(I/C) Department of Parliamentary Affairs and Legislation

ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ

ನಂ. 895 No. 895 ಭಾಗ – IV-A Part – IV-A

ಬೆಂಗಳೂರು, ಮಂಗಳವಾರ, ಜುಲೈ 9, 2013 (ಆಷಾಡ 18, ಶಕ ವರ್ಷ 1935) Bangalore, Tuesday, July ⁹, ²⁰¹³ (Ashadha ¹⁸, Shaka Varsha ¹⁹³⁵)

PARLIAMENTARY AFFAIRS AND LEGISLATION SECRETARIAT

NOTIFICATION

NO SAMVYASHAE 12 SHASANA 2012, Bangalore, dated: 09.07.2013

Ordered that the translation of the ಅರ್ಕ ವಿಶ್ವವಿದ್ಯಾಲಯ ಅದಿನಿಯಮ, 2012 (2013ರ ಕರ್ನಾಟಕ ಅದಿನಿಯಮ ಸಂಖ್ಯೆ 44) in the English language, be published as authorised by the Governor of Karnataka under clause (3) of Article 348 of the constitution of India in the Karnataka Gazette for general information.

The following translation of the ಅರ್ಕ ವಿಶ್ವವಿದ್ಯಾಲಯ ಅದಿನಿಯಮ, 2012(2013ರ ಕರ್ನಾಟಕ ಅದಿನಿಯಮ ಸಂಖ್ಯೆ 44) in the English language is published in the Official Gazette under the authority of the Governor of Karnataka under clause (3) of Article 348 of the Constitution of India.

KARNATAKA ACT NO. 44 OF 2013

(First Published in the Karnataka Gazette Extra-ordinary on the twenty fifth day of March, 2013) THE ARKA UNIVERSITY ACT, 2012

(Received the assent of the Governor on the thirteenth day of March, 2013)

An Act to establish and incorporate in the State of Karnataka a University of unitary nature in Private Sector to promote and undertake the advancement of University Education in Arts, Science, Commerce, Law, Engineering, Urban Design, Management, Hospitality, Music, Linguistics and allied sectors and for the matters connected therewith or incidental thereto.

Whereas it is expedient to establish and incorporate in the State of Karnataka a University of unitary nature in private sector to promote and undertake the advancement of University Education in Arts, Science, Commerce, Law, Engineering, Urban Design, Management, Hospitality, Music, Linguistics and allied sectors and for the matters connected therewith or incidental thereto for the purposes hereinafter appearing;

Be it enacted by the Karnataka State Legislature in the sixty third year of the Republic of India as follows:-

CHAPTER – I

PRELIMINARY

1. Short title, extent and commencement.- (1) This Act may be called the Arka University Act, 2012.

(2) It extends to the whole of the State of Karnataka

(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.

2. Definitions.- In this Act, unless the context otherwise requires,-

(a) "Academic Council" means the Academic Council of the University as specified in section 25;

(b) "Agenda Matters" means all the matters and business to be designated in the Statutes each of which can be either included in the Agenda or be taken up for discussion and decision at a meeting of the Board of Governors or the

Board of Management or any Committees, as the case may be, only subject to the prior written approval of the Chancellor, consenting to the passing of such matters and business at such a meeting;

(c) "Board of Governors" means the Board of Governors of the University as specified in section 23;

(d) "Board of Management" means the Board of Management of the University as specified in section 24;

(e) "Chancellor", "Vice-Chancellor", "Pro Vice-Chancellor" means respectively the Chancellor, Vice Chancellor and Pro Vice Chancellor of the University;

(f) "Campus" means a campus established, maintained by the University, wherever situated;

(g) "Committees" means the committees formed under this Act or by the various functionaries of the University as the case may be and includes the Nomination Committee, the Finance Committee and such other committees;

(h) "Constituent College" means a college or institution established and maintained by the University;

(i) "Finance Committee" means the Finance Committee of the University as specified in section 27;

(j) "Government" means the Government of Karnataka;

(k) "National Accreditation Bodies" means a body established by the Central Government for laying down norms and conditions for ensuring academic standards of higher education, such as University Grants Commission, All India Council of Technical Education, Medical Council of India, Pharmaceutical Council of India, Indian Council of Agriculture Research, National Assessment and Accreditation Council, National Council of Teacher Education, Distance Education Council, Council of Scientific and Industrial Research, and includes the Government;

(l) "Prescribed" means prescribed by rules made by the Government under this Act.

(m) "Principal in relation to a Constituent College" means the head of the Constituent College and includes, where there is no Principal or in the absence of a Principal appointed, the Vice-Principal or any other person for the time being appointed to act as Principal;

(n) "Registrar" means the Registrar of the University;

(o) "Regional Centre" means a centre established or maintained by the University for the purpose of coordinating and supervising the work of Study Centres in any region and for performing such other functions as may be conferred on such centre by the Board of Management;

(p) "Sponsoring Authoriy" or "sponsoring body" in relation to this Act means the Trust;

(q) "State" means State of Karnataka;

(r) "Statutes" and "Regulations" means respectively, the Statutes and Regulations of the university made under this Act;

(s) "Study centre" means a centre established and maintained by the university for the purpose of advising, counseling or for rendering any other assistance required by the students in the context of distance education;

(t) "Teacher" means and includes a Professor, Associate Professor, Assistant Professor, or such other person as may be appointed for imparting instruction or conducting or to guide research in the University or in a Constituent College and includes the Principal of Constituent College in conformity with the norms prescribed by the 'University Grants Commissions;

(u) "Trust" means Arka Educational and Cultural Trust, Bangalore;

(v) "University Grants Commission" means the Commission established under section 4 of the University Grants Commission Act, 1956 (Central Act 3 of 1956);

(w) "University" means the ARKA University, established and incorporated under this Act;

(x) "Visitor" means the visitor of the University as specified in section 13

CHAPTER - II

THE UNIVERSITY AND SPONSORING BODY

3. Proposal for the establishment of the University.- (1) The Trust shall have the right to establish the University of unitary nature subject to and in accordance with the provisions of this Act.

(2) The proposal to establish a University shall be made to the State Government by the Trust.

(3) The proposal consists of 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;

(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 personsಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ೬೦೪೨ of Indian origin or sponsored by non resident Indians or persons 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 State Government to be fulfilled before the establishment of the University.

(4) A Screening Committee shall be constituted by the State Government consisting of three member who are Ex-officio members of Karnataka State Higher Education Council to examine the proposals received, which shall make recommendations to the State Government.

4. Establishment of the University.- (1) Where the State 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) owns a land to the extent specified below in accordance with its location, namely:-

(a) twenty five acres of land if it is within limits of Bruhat Bangalore Mahanagara Palike;

(b) forty acres of land if it is outside the limits of Bruhat Bangalore Mahanagara Palike but within Bangalore Metropolitan Region Development Authority area;

(c) not less than sixty acres of land in the places other than the places specified in clauses (a) and (b). The land specified above shall consist of a single block and it shall be in the name of concerned trust/foundation/institution/university itself. 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 47." (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 nature in the State by the name of "ARKA University".

(3) The headquarters of the University shall be at Bangalore. The University shall have Campuses or Regional Centres, Study Centres anywhere in Karnataka and subject to the prior permission of the State Government and as per UGC norms.

(4) The First Chancellor, the First Vice-Chancellor, 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) 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) 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) 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.

5. Grants and Financial Assistance.- The University shall be self-financing and shall neither make a demand nor shall be entitled to any maintenance, grant-in-aid or any other financial assistance from the State or any other body or corporation owned or controlled by the State:

Provided that the State may, provide financial support through grants or otherwise:-

(a) for research, development and other activities for which other State Government organizations are provided financial assistance; or

(b) for any specific research or programmes receiving support from the Government; and

(c) provided to or for the benefit of similar universities in the State whether subject to a change in State policy or otherwise:

Provided further that the university may receive any financial support from any other source.

"6. Power to establish constituent College, additional campuses, Regional Centres or Study Centres.- The University may have Constituent Colleges, Regional Centres, additional campuses and Study Centres at such places in the State as it deems fit after the completion of five years after its establishment with prior approval of the State Government subject to norms of UGC and other National Accreditation bodies."

7. Objects of the University.- The University shall employ a broad range of strategies to achieve its vision and objectives,-

(i) to formulate the niche areas for research & teaching keeping in mind the needs being socially relevant in creating a knowledge society;

(ii) to support, promote and undertake the advancement of university education leading up to and including undergraduate, postgraduate, doctoral and postdoctoral courses in arts, science, commerce, law, engineering, urban design, management, hospitality, music, linguistics and such other objects as the trustees may deem fit with prior approval of the State Government;

(iii) to establish Campuses and have study centers, constituent colleges and Regional Centres, at various locations in Karnataka and or to contribute and develop an understanding of educational change and social and human development; as per norms of the University Grants Commission with prior approval of the State Government;

(iv) to have holistic frame work for researching & teaching Architecture & Urban design, Heritage Conservation, Landscaping, Handicrafts & Graphic Design leading towards Eco-Friendly Construction, Energy Conservation, Heritage Conservation, Indigenous Manufacturing traditions;

(v) to provide instruction and training in specialized areas of Aerospace Engineering and Management, to provide for research for the advancement of and dissemination of knowledge, to undertake studies on the impact of Aerospace Technologies on National Development particularly rural development, connectivity and International Business, to do all such other acts and things as may be necessary or desirable to further the objects of creating a centre of excellence in Aerospace Engineering & Management;

(vi) to focus on Humanities, Social Science and Arts to develop a resource centre and research team to analyse and assess different dimensions of Public Governance;

(vii) to carve a niche in the fields of entrepreneurship & entrepreneurial research and to develop case studies including providing strategic advice to the Incubated Companies;

(viii) to create a dedicated research centre for the study of Ancient History and Culture with a focus on study of Ancient Manuscripts, collection and preparation of data base on Indian Plants which technical scientific terminologies used in the ancient Indian literature, editing & translating unpublished manuscripts, Identifying the characteristic features of ancient Indian contribution to psychology, with special emphasis an study of ancient History and Rich culture of Karnataka;

(ix) to institute degrees, diplomas, certificates and other academic distinctions like award of credits on the basis of successful completion of academic work evaluated through multiple modern methods of assessment;

(x) to collaborate with any other universities, research institutions, nonprofit organizations, industry associations, professional associations or other organizations to conceptualize, urban design, develop and offer specific educational and research programmes, training programmes and exchange programmes for students, faculty members and others;

(xi) to undertake programmes for development and training of faculty and researchers of the University in partnership with any other University of quality across the world with prior permission of the State Government;

(xii) to undertake collaborative research and advocacy with any organizations with prior approval of the State Government;

(xiii) to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit and in particular, to make special provisions for integrated courses in humanities and sciences in the educational programmes of the University and to make appropriate measures for promoting interdisciplinary studies and research in the University;

(xiv) to provide an innovative system of University level education, flexible and open, in regard to methods and places of learning, combination of courses, eligibility for enrolment, age of entry, conduct of examination and operation of programmes with a view to promoting access and equity in higher learning and to encourage excellence in the new fields of knowledge and to provide special emphasis on both the academic and application oriented learning;

(xv) to promote national integration and the integrated development of human personality through its policies and programmes.

8. Powers of the University.- The University shall have the following powers, namely:-

(i) to establish and maintain Campuses, Regional Centres and Study Centres in Karnataka as may be determined by the University from time to time in the manner laid down by the Statutes with prior approval of the Government and as per UGC norms.

(ii) to carry out all such other activities as may be necessary or feasible in furtherance of the object of the University;

(iii) to confer degrees or other academic distinctions in the manner and under conditions laid down in the Statutes;

(iv) to institute and award fellowships, scholarships and prizes, awards medals etc., in accordance with the Statutes;

(v) to demand and receive such fees, bills, invoices and collect charges as may be fixed by the Statutes or rules, as the case may be;

(vi) to make provisions for extra curricular activities for students and employees;

(vii) to make appointments of the Faculty, officers and employees of the University or a Constituent College, Campuses, Regional Centres, Study Centres;

(viii) to receive voluntary donations and gifts of any kind not prohibited by any Law for the timebeing inforce and to acquire, hold, manage, maintain and dispose of any movable or immovable property, including trust and endowment properties for the purpose of the University or a Constituent College or a Campus, Regional Centre, Study Centre;

(ix) to institute and maintain hostels and to recognize, places of residence for students of the University or a Constituent College;

(x) to supervise and control the residence and to regulate the discipline among the students and all categories of employees and to lay down the conditions of service of such employees, including the Code of. Conduct for the students and employees;

(xi) to create academic, administrative and support staff and other necessary posts;

(xii) to co-operate and collaborate with other Universities in such a manner and for such purposes as the University may determine from time to time;

(xiii) to organize and conduct refresher courses, orientation courses, workshops, seminars and other programmes for teachers, lesson writers, evaluators and other academic staff;

(xiv) to determine standards of admission to the University or a Constituent College, Regional Centres, Study Centres with the approval of Academic Council and to make admission of students of Karnataka not less than the extent provided in this Act ;

(xv) to do all such other acts or things whether incidental to the powers aforesaid or not, as may be necessary to further the objects of the University;

(xvi) to institute Degrees, Diplomas, Certificates and other academic distinctions on the basis of examination or any other method of evaluation approved by the Government;

(xvii) to provide for the preparation of instructional materials, including films, cassettes, tapes, video cassettes, CD, VCD and other software and other relevant electronic and print media.

(xviii) to raise, collect, subscribe and borrow money with the approval of the Board of Governors whether on the security of the property of the University, for the purposes of the University;

(xix) to acquire, takeover and run the management of any other educational institutions with the prior approval of the Government;

(xx) to acquire properties with the prior approval of the board of management;

(xxi) to undertake any other activities connected with or incidental to above objectives of the University.

9. University open to all classes, castes, creed gender or nation.- The University admissions shall be open to all persons irrespective of caste, class, creed, gender or nation. All admissions shall be made on the basis of merit in the qualifying examinations:

"Provided that forty percent of the admissions in all courses of the university shall be reserved for the students of Karnataka State and admissions shall be made through a Common Entrance Examination conducted by the State Government or its agency and seats shall be allotted as per the merit and reservation policy of the State Government from time to time.

Provided further that where there are less than ten seats in any course like Post Graduate, they shall be reserved by clubbing such courses together and where there are less than three posts in any course they shall be reserved by rotation."

10. National Accreditation.- The University shall seek accreditation from respective statutory national accreditation bodies soon after its establishment. Further all the courses run by Private Universities shall be as per the regulations of the National Accreditation Bodies".

11. Powers of the sponsoring body.- The sponsoring body shall have the following powers with reference to the University, each of which may be exercised by the Sponsoring Body at its discretion, namely:-

(i) to appoint or re-appoint or terminate the appointment of the Chancellor;

(ii) to constitute the first Board of Governors of the University;

(iii) to nominate the chairperson of the Board of Governors;

(iv) to nominate three persons as members of the Board of Governors;

(v) to nominate two persons as members of the Board of Management;

(vi) to determine the source of funds to be contributed to the University Endowment Fund;

(vii) to determine the application and spending of moneys by the University;

(viii) to resolve a Conflict at the meeting of the Board of Governors in the manner provided for in this Act.

CHAPTER - III

OFFICERS OF THE UNIVERSITY

12. Officers of the University.- The following shall be the officers of the University:-

(i) The Visitor

(ii) The Pro-Visitor

(iii) The Chancellor;

(iv) The Vice-Chancellor;

(v) The Pro Vice-Chancellor;

(vi) The Registrar;

(vii) The Finance Officer; and

(viii) Such other officers as may be declared by the Statutes to be officers of the University.

13. The Visitor.- (1) His Excellency the Governor of Karnataka shall be the Visitor of the University and the visitor may offer suggestions for the improvement of the functioning of the University.

(2) The visitor shall preside over the convocation of the university for conferring Degree and Diploma.

(3) The Visitor shall have the following powers, namely:-

(i) to call for any paper or information relating to the affairs of the University;

(ii) on the basis of the information received by the Visitor, if he is satisfied that any order, proceedings, or decision taken by any authority of the University is not in conformity with the Act, Regulations or Rules,ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ೬೦೪೬ he may issue such directions as he may deem fit in the interest of the University and the directions so issued shall be complied with by all concerned.

14. The Pro-Visitor.- (1) The Hon'ble Minister for Higher Education of the Government of Karnataka shall be the Pro-Visitor of the University.

(2) The Pro-Visitor shall, when the Visitor is absent, preside at the Convocation of the University for conferring Degrees and Diplomas

15. The Chancellor.- (1) The Chancellor shall be appointed by the Sponsoring Body.

(2) The founder trustee of the Sponsoring Body shall be the first Chancellor, who shall hold for life or till he demits office.

(3) The subsequent Chancellor shall be either the then Trustee of the Sponsoring Body or such other person of eminence of national figure in the field of education, science, culture or public life, when such an appointment is being considered, as may be decided by the Sponsoring Body.

(4) The subsequent Chancellor so appointed shall hold the office as determined by the Sponsoring Body.

(5) The Chancellor shall have such powers as may be conferred on him by this Act or the Statutes made there under, which shall include the following powers; namely:-

(i) to function as the head of the University;

(ii) to preside at all convocations of the University in absence of visitor and pro-visitor ;

(iii) to function as a Chairperson of the Board of Governors of the University ;

(iv) to appoint or re-appoint or terminate the appointment of the Vice-Chancellor, in accordance with the provisions of this Act and the Statutes;

(v) to nominate a person as a member of the Nomination Committee as referred to in sub-section (2) of section 16 of this Act;

(vi) to pre-approve the appointment of the Pro Vice-Chancellor, the Dean, the Registrar and the Finance Officer;

(vii) to nominate two academicians as members on the Board of Governors;

(viii) to appoint the first Pro Vice-Chancellor and the Finance Officer;

(ix) to constitute the first Board of Management, the Finance Committee, the Research Council and the Academic Council;

(x) to pre-approve the Agenda matters in the manner provided for in the Act;

(xi) to resolve a conflict (excluding conflicts at a meeting of the Board of Governors) in the manner provided for in this Act.

(6) In the event of there being a conflict inter-se between the functionary or body and any other functionary or body of the University, then the issue shall be referred to the Chancellor and the decision of the Chancellor in respect of such issue shall be final and binding on the University.

16. The Vice-Chancellor.- (1) The Vice-Chancellor shall be appointed by the Chancellor for a term of three years subject to other terms and conditions as may be laid down by the Statutes from among three persons recommended by the Nomination Committee constituted in accordance with the provisions of sub-section (2). After the term of three years, it is renewable for another term of three years.

Provided that a Vice-chancellor shall continue to hold the office even after expiry of his term till new Vice- chancellor joins. However, in any case this period shall not exceed one year.

(2) The Nomination Committee referred to in sub-section (1) shall consist of the following persons, namely:-

(i) One person nominated by the Chancellor;

(ii) Two nominees of the Board of Governors, one of whom shall be nominated as the Convener of the Committee by the Board of Governors.

(3) The Nomination Committee shall, on the basis of merit, recommend three persons suitable to hold the office of the Vice-Chancellor and forward the same to the Chancellor along with a concise statement showing the academicವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ೬೦೪೭ qualifications and other distinctions of each person.

(4) The Vice-Chancellor shall be the Principal Executive and Academic Officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of the authorities of the University.

Provided that, where any matter, other than the appointment of a Teacher is of urgent nature requiring immediate action and the same could not be immediately dealt with by any officer or the authority or other body of the University empowered by or under this Act to deal with it, the Vice-Chancellor may take such action as he may deems fit with the prior written approval of the Chancellor.

(5) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be laid down by the Statutes or the Rules.

Provided that, where in the opinion of the Vice-chancellor, any decision of any authority of the university is outside the powers conferred by this Act or Statutes, Regulations or Rules made there under or is likely to be prejudicial to the interests of the university, he shall request the concerned authority to revise its decision within fifteen days from the date of its decision and in case the authority refuses to revise such decision wholly or partly or fails to take any decision within fifteen days, then such matter shall be referred to the Chancellor and his decision thereon shall be final.

(6) The services of the Vice-Chancellor can be terminated by the Chancellor with the approval of the Board of Governors after following the principles of natural justice and after providing an opportunity to present his case including for termination on disciplinary grounds.

(7) The Vice-Chancellor shall preside at the convocation of the University in the absence of the Visitor, Pro-Visitor and the Chancellor.

17. The Pro Vice-Chancellor.- The Vice-Chancellor shall appoint not exceeding three pro-vice Chancellors with the Written approval of the Chancellor in such manner and they shall exercise such powers and perform such duties as may be laid down by the Statutes.

18. Deans of Faculties.-Deans of Faculties shall be appointed by the Vice-Chancellor with the written approval of the Chancellor in such manner and they shall exercise such powers and perform such duties as may be laid down by the Statutes.

19. The Registrar.- (1) The Registrar shall be appointed by the Chancellor in such manner and on such terms and conditions as may be laid down by the Statutes.

(2) All contracts as defined in statutes shall be entered into and signed by the Registrar on behalf of the University.

(3) The Registrar shall have the power to authenticate records on behalf of the University and shall exercise such other powers and perform such other duties as may be conferred by the statutes or may be required from time to time, by the Chancellor or the Vice-Chancellor.

(4) The Registrar shall be responsible for the due custody of the records and the common seal of the University and shall be bound to place before the Chancellor, the Vice-Chancellor or any other authority, all such information and documents as demanded.

20. The Finance Officer.- The Finance Officer shall be appointed by the Vice-Chancellor with the written approval of the Chancellor in such manner and he shall exercise such powers and perform such duties as may be conferred by the Statutes.

21. Other Officers.- The manner of appointment, terms and conditions of service and powers and duties of the other officers of the University shall be such as may be specified by Statutes.

CHAPTER - IV

AUTHORITIES OF THE UNIVERSITY

22. Authorities of the University.- The following shall be the authorities of the University, namely:-

(i) The Board of Governors;

(ii) The Board of Management;

(iii) The Academic Council;

(iv) Research and Innovation Council;

(v) The Finance Committee; and

(vi) Such other authorities as may be declared by the Statutes to be the authorities of the University.

23. The Board of Governors and its powers.- (1) The Board of Governors shall consist of the following, namely:-

(i) The Chancellor- Chairperson;

(ii) The Vice-Chancellor- Member;

(iii) The Principal Secretary/Secretary to the State Government in the Higher Education or by his nominee not below the rank of Deputy Secretary ;

(iv) The Principal Secretary/ Secretary to the Government in the Medical Education or by his nominee not below the rank of Deputy Secretary;

(v) One expert from the field of management, finance or any other specialized, including administration to be nominated by the State Government;

(vi) Two persons nominated by the Sponsoring Body of whom one shall be woman;

(vii) The Pro Vice-Chancellor who shall be a non-voting member;

(viii) One eminent educationist nominee of the university grant commission."

(2) The Registrar shall be non-voting member secretary of the Board of Governors.

(3) The tenure of office of the members of the Board of Governors, appointment of members, other than Government nominees, renewal and removal, etc., shall be such as may be laid down by the Statutes.

(4) All meetings of the Board of Governors shall always be chaired by the Chancellor and in his absence by any one of the nominees of the Chancellor. If Chancellor has not nominated any person to Chair such a meeting, members present in the meeting shall elect the Chairperson for that meeting only from among themselves by a simple majority.

(5) Quorum for all meetings of the Board of Governors, shall be three members attending and voting at such meeting.

Provided that the presence of either the Chancellor or one nominee of the Sponsoring Body and in the absence of the Chancellor or one nominee of Sponsoring Body, the Vice Chancellor, shall always be necessary to form the quorum for any meeting of the Board of Governors.

(6) The Board of Governors shall be the Principal Governing Body of the University and shall have the following powers, namely:

(i) to appoint the Statutory Auditors of the University;

(ii) to lay down policies to be pursued by the University;

(iii) to review decisions of the other authorities of the University if they are not in conformity with the provisions of this Act, or the Statutes or the Rules;

(iv) to approve the Budget and Annual Report of the University;

(v) to make new or additional Statutes or amend or repeal the earlier Statutes and Rules; .

(vi) to take decision about voluntary winding up of the University;

(vii) to approve proposals for submission to the Government;

(viii) to nominate three members to the Fee Regulation Committee

(ix) to take such decisions and steps as are found desirable for effectively carrying out the objects of the University.

(7) The Board of Governor shall, meet at least three times a year.

24. The Board of Management.- (1) The Board of Management shall consist of the following, namely:-

(i) The Vice Chancellor;

(ii) The Pro-Vice Chancellor;

(iii) The Registrar;

(iv) Two nominees of the Sponsoring Body;

(v) Two Deans of the schools as nominated by the Vice Chancellor.

(2) The Vice Chancellor shall be the Chairperson of the Board of Management and the Registrar shall be the Secretary of the Board of Management.

(3) The Board of management shall be the executive body of the University. The powers and functions of the Board of Management shall be such as may be specified by the statutes.

(4) All meetings of the Boards of Management, shall always be chaired by the Vice Chancellor and in the absence of the Vice Chancellor, by the nominee of the Sponsoring Body and where the Sponsoring Body has not nominated any nominees, then by any other member as elected by the members present in the meeting.

(5) In the event of a conflict of opinion at a meeting of the Board of Management, the issue shall be referred to the Chancellor and the decision of the Chancellor in respect of such issue shall be final and binding on the University.

25. The Academic Council.- (1) The Academic Council shall consist of the following, namely:-

(i) The Vice-Chancellor

- Chair Person

(ii) The Pro Vice Chancellor – Member

(iii) The Registrar

- Secretary

(iv) Such other members as may be specified by-the Statutes.

(2) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes, Regulations and the Rules, co-ordinate and exercise general supervision over the academic policies of the University.

26. The Research and Innovation Council.- (1) Research and innovation Council shall be the Principal Research and innovation Committee of the University and shall provide the larger holistic vision of the kind of research and innovation to be undertaken by the University, including prioritization of the areas. This Council shall, subject to the provisions of this Act, the Statutes, Regulations and the Rules, co-ordinate and exercise general supervision over the Research and innovation polices of the University.

(2) The Research and innovation Council shall consist of the following, namely:-

(i) The Vice-Chancellor - Chair Person

(ii) The Pro Vice Chancellor - Member

(iii) The Dean of Research - Secretary

(iv) Head of the Department of Innovation - Member

(v) Deans of all Faculties – Members and

(vi) Such other members as may be specified in the Statutes.

27. The Finance Committee.- (1) The Finance Committee shall consist of the following, namely:-

(i) The Chancellor or his Nominee – Chairperson

(ii) The Vice-Chancellor – Member

(iii) The Registrar – Member

(iv) The Finance Officer – Secretary

(v) One nominee of the Sponsoring Body – Member; and

(vi) Such other members as may be specified by the statutes.

(2) The Finance Committee shall be the principal financial body of the University to take financial matters and shall, subject to the provisions of this Act, rules and statutes, undertake Co-ordination exercise, general supervisions over the financial matters of the University.

28. Other Authorities.- The constitution, the powers and functions of the other authorities of the University shall be such as may be specified by the statutes.

29. Disqualification for membership of an Authority or Body: A person shall be disqualified for being a member of any of the authorities of bodies of the University, if he;

(a) is of unsound mind and stands so declared by a competent court;

(b) is an un discharged insolvent;

(c) has been convicted of any offence involving moral turpitude;

(d) is conducting or engaging himself in private coaching classes; or

(e) has been punished for indulging in or promoting unfair practice in the conduct of any examination, in any form, anywhere.

(f) As and when the Sponsoring Body were to form an opinion in writing that a Member of any of the authorities or bodies is unfit to hold the post.

30. Proceedings not invalidated on account of Vacancy.- No act or Proceedings of any authority of the University shall be invalid merely by reason of the existence of any vacancy or defect in the constitution of the Authority.

31. Provisions pertaining to Agenda Matters.- (1) No agenda Matter shall be either included in the Agenda for or taken up for discussion or decided in the meeting of the Board of Governors or the Board of Management or any Committee without obtaining the prior approval of the Chancellor.

(2) In the event of breach of any provisions of this Act, the Chancellor shall be entitled at all time to immediately take remedial action by reversing all decisions taken by any functionary or body of University and consequent upon the pursuit of such a remedial action all such actions taken by the functionary or body of the university in breach of the provisions of the Act shall be deemed to be null and void ab initio and consequently ;

status quo ante shall prevail in respect of the matter or decision in breach.

CHAPTER – V

STATUTES AND REGULATIONS

32. Statutes.- Subject to the provisions of this Act, the Statutes may provide for all or any matter relating to the university and Staff, as given below, namely: -

(i) the procedure for transaction of business of the Authorities of the University and the composition of bodies not specified in this Act.

(ii) the operation of the permanent statutory endowment fund, University endowment fund, the general fund and the development fund,

(iii) the terms and conditions of appointment of the Vice-Chancellor, the Registrar and the Finance Officer and their powers and functions,

(iv) the mode of recruitment and the terms and conditions of service of the other officers, Teachers and employees of the University;

(v) the procedure for resolving disputes between the University and its officers, Faculty members, employees and students;

(vi) creation, abolition or restructuring of departments and faculties;

(vii) the manner of co-operation with, other Universities or institutions of higher learning.;

(viii) the procedure for conferment of honorary degrees;

(ix) provisions regarding grant of freeships and scholarships;

(x) policies in respect of seats in different courses of studies and the procedure of admission of students to such courses;

(xi) policy relating to the fee chargeable from students for various courses of studies;

(xii) institution of fellowships, scholarships, studentships, free ships, medals and prizes;

(xiii) any other matters which may be decided by the Board of Governors or required to be provided by statutes under this Act.

33. Statutes how made.- (1) The first statutes framed by the Board of Management shall be submitted to the Board of Governors for its approval.

(2) The Board of Governors shall consider the First Statutes, submitted by the Board of Management and shall give its approval thereon with such modifications, if any, as it may deem necessary.

(3) The University shall publish the First Statutes, as approved by the Board of Governors in the University Notification, and thereafter, the First Statutes shall come into force from the date of its publication.

34. Power to amend the Statutes.- The Board of Governors may, make new or additional Statutes or amend or repeal the statutes;

35. Regulations.- Subject to the provisions of this Act, the regulations may provide for the following matters, namely:-

(i) admission of students to the University and their enrolment and continuance as such;

(ii) the courses of study to be laid down for all degrees and other academic distinctions of the University;

(iii) the award of degrees and other academic distinctions;

(iv) the conditions of the award of fellowships, scholarships, studentships, medals and prizes;

(v) the conduct of examinations and the conditions and mode of appointment and duties of examining bodies, examiners invigilators, tabulators and moderators;

(vi) the fee to be charged for admission to the examinations, degrees and other academic distinctions of the University;

(vii) the conditions of residence of the students at the University or a Constituent College;

(viii) maintenance of discipline among the students of the University or a Constituent College;

(ix) all other matters as may be provided in the Statutes under the Act.

36. Regulations how made.- The Regulations shall be made by the Academic Council and approved by Board of Management.

37. Power to amend Regulations.- The Academic Council may, with the approval of the Board of Management, make new or additional regulations or amend or repeal the regulations.

38. Fee Regulation Committee.- (1) The fee of the university seats reserved for Karnataka Students under section 9 shall be regulated by the Fee Regulation Committee constituted by the Government which shall be headed by a retired Supreme Court or High Court Judge and consists of Chancellor, Vice-Chancellor of the University, Principal Secretary or Secretary to Government incharge of Higher Education or by his nominee not below the rank of Deputy Secretary, Principal Secretary or Secretary to Government incharge of Medical Education or by his nominee not below the rank of Deputy Secretary, two Academicians nominated by the Board of Governors of whom one shall be woman. A Chartered Accountant of repute shall be co-opted for this purpose in the Committee.

(2) The Committee shall look after the compliance of the university in its admissions of collection of fee."

CHAPTER - VI

MISCELLANEOUS

39. Conditions of service of employees.- (1) Every employee shall be appointed under a written contract subject to such terms and conditions as may be specified by statutes and regulations or prescribed if any by rules which shall be kept in the University and a copy of which shall be furnished to the employee concerned.

(2) Disciplinary action against the employees shall be governed by the procedure specified in the Statutes.

(3) Any dispute arising out of the contract between the University and an employee shall, be resolved in the manner provided for in the written contract and in accordance with the Statues.

40. Right to appeal.- In case of disciplinary actions by the University against its employee or student, the aggrieved employee or students shall have a right to appeal to such authority as specified by the statutes.

41. Provident or pension fund.- The University shall constitute for the benefit of its employees such provident or pension fund and provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be specified by the statutes and the laws in force.

42. Disputes as to constitution of University authorities and bodies.- If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.

43. Constitution of Committees.- Any authority of the University mentioned in section 22, shall be empowered to constitute a committee of such authority, consisting of such members having such powers as the authority may deem fit.

44. Filling of casual vacancies.- Any casual vacancy among the members, other than ex-officio members of any Authority or body of the University shall be filled in the same manner in which the member whose vacancy is to be filled up, was chosen, and the person filling the vacancy shall be a member of such authority or body for the residual term for which the person in whose place he would have been a member.

45. Protection of action taken in good faith.- No suit or other legal proceedings shall lie against any officer or other employee of the University for anything, which is done in good faith or intended to be done in pursuance of the provisions of this Act, the Statues or the Rules.

46. Transitional provisions.- Notwithstanding anything contained in any other provisions of this Act and the Statutes:-

(i) the first Vice-Chancellor and Pro-Vice-Chancellor, if any shall be appointed by the Chancellor;

(ii) the first Registrar and the first Finance Officer shall be appointed by the Chancellor; and (iii) the first Board of Management, the first Finance Committee, the first Research and innovation Council and the first Academic Council shall be constituted by the Chancellor.

47. Permanent Statutory Endowment Fund.- (1) The University shall establish a Permanent Statutory Endowment Fund of at least rupees twenty five crores, out of which at least fifteen crores shall be in cash and remaining in the form of Bank Guarantee, which may be increased suo moto but shall not be decreased.

Provided that, in case of a University outside the Bangalore or Bangalore Rural District at least ten crores must be in form of cash and the remaining five crores shall be in form of Bank Guarantee."

(2) The University shall have power to invest the permanent Statutory Endowment Fund in such manner as may be prescribed.

(3) The University may transfer any amount from General Fund or the Development fund to the permanent statutory fund except in the event of the dissolution of the University, in no other circumstances can any moneys be transferred from permanent Statutory Endowment Fund for any other purposes.

(4) Seventy five percent of the income received from permanent Statutory Endowment Fund shall be used for the purpose of development or general work of the University. The remaining twenty five percent shall be invested in the permanent Statutory Endowment Fund.

48. University Endowment Fund.- (1)The University shall establish a University Endowment Fund having such funds as may be determined by the Sponsoring Body which can include donations and other funds received from time to time.

(2) The University shall have the power to invest the University Endowment Fund in a manner as may be specified by the Statutes.

(3) The University Endowment Fund is a self-imposed fund that the University desires to maintain voluntarily and invest it responsibly to protect itself from financial challenges that may arise on account of pursuing social objectives and/or unforeseen circumstance.

(4) The University may transfer any amount from the General Fund or the development fund to the University Endowment Fund. Excepting in the dissolution of the University, in no other circumstances moneys can be transferred from the University Endowment Fund for other purposes.

(5) Eighty percent of the incomes received from the University Endowment Fund shall be used for the purposes of development or general work of the University. The remaining twenty percent shall be reinvested into the University Endowment Fund.

49. General Fund.- (1) The University shall establish a General Fund to which the following amount shall be credited, namely:-

(i) all fees which may be charged by the University;

(ii) all sums received from any other source not prohibited by any Law for the time being in force ;

(iii) all contributions made to the University;

(iv) all contributions/donations made in this behalf by any other person or body which are not prohibited by any law for the time being in force.

(2) The funds credited to the General Fund shall be applied to meet all the recurring expenditure of the University.

50. Development fund.- (1) The University shall also establish a Development Fund to which the following funds shall be credited, namely:-

(i) development fees which may be charged from students;

(ii) all sums received from any other source for the purposes of the development of the University;

(iii) all contributions made to the University;

(iv) all contributions/donations made in this behalf by any other person or body which are not prohibited by any law for the time being in force; and

(v) all incomes received from the Permanent Statutory Endowment Fund.

(2) The funds credited to the Development Fund from time to time shall be utilized for the development of the University.

51. Maintenance of funds.- The funds established under sections 47, 48, 49 and 50 shall, subject to general supervision and control of the Board of Governors, be regulated and maintained in such manner as may be prescribed.

52. Annual Report.-(1) The annual report of the University shall be prepared under the direction of the Board of Management and shall be submitted to the Board of Governors for its approval.

(2) The Board of Governors shall consider the annual report in its meeting and may approve the same with or without modification.

(3) A copy of the annual report duly approved by the Board of Governors shall be sent to the State Government before 31st December following close of the financial year in 31stMarch of each year.

53. Account and audit.- (1) The annual accounts and balance sheet of the University shall be prepared under the direction of the Board of Management and all funds accruing to or received by the University from all source and all amount disbursed or paid shall be entered in the account maintained by the University.

(2) The annual accounts of the University shall be audited by an auditor, who is a member of the Institute of Charted Accountants of India, every year.

(3) A copy of the annual accounts and the balance sheet together with the audit report shall be submitted to the Board of Governors before 30th November following close of the financial year in 31 March of each year.

(4) The annual accounts, the balance sheet and the audit report shall be considered by the Board of Governors at its meeting and the Board of Governors shall forward the same to the visitor and the Government along with its observation thereon on or before 31st December of each year.

54. Mode of proof of University record.- A copy of any receipt, application, notice, order, proceeding or resolution of any authority or committee of the University or other documents in possession of the University or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or-document or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein recorded where the original thereof would, if produced, have been admissible in evidence.

55. Power of State Government to issue directions.- The State Government may give such directions to the University as in its opinion are necessary or expedient for carrying out the purposes of this Act or to give effect to any of the provisions contained therein or of any rules or orders made thereunder and the Board of Governor or the Board of management, as the case may be, of the University shall comply with every such direction.

56. Penalties.- "(1) Whoever contravenes the provisions of this Act or the rules made thereunder or any examination matters or in matters relating to award of degrees or in giving marks cards shall on conviction be punishable with fine of rupees fifty thousand which may extend to ten lakhs rupees or with an imprisonment for a term of six months which may extend to two years or with both.

Provided that, where the University is also involved the permission letter granted under this Act to commence the University shall be withdrawn."

(2) A penalty under this section may be imposed without prejudice to the penalty specified in any other Act. 57. Power to enter and inspect.- Any officer not below the rank of Group 'A officer authorised by the State Government in this behalf, shall, subject to such conditions as may be specified therein under the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (Karnataka Act 37 of 1984) shall be deemed to be the Officer authorized to exercise the same powers and discharge the same functions as provided under section 9 of that Act for the purposes of this Act.

58. Power to give direction for dissolution of the University.- (1) If the University proposes dissolution in accordance with the law governing its constitution or incorporation, it shall give at least six months prior notice in writing to the Government.

(2) The Karnataka State Higher Education Council shall conduct periodical Inspection of University regarding;- (i) Standard of Instructions for grant of degree;

(ii) Quality of Education;

(iii) Avoidance of commercialisation of Higher Education;

(iv) contravention of the provisions of the Act if any;

-and send report to the Government.

(3) On identification of mismanagement, maladministration and indiscipline, the Government shall issue directions to the management of the University to set right the administration . If the direction is not followed within such time as may be prescribed, the right to take decision for winding up of the University or any course thereof shall vest with the Government.

(4) The manner of winding up of the University or any course thereof shall be such as may be prescribed by the Government in this behalf.

Provided that no such action shall be initiated without affording a reasonable opportunity to show cause to the University

(5) On receipt of the notice referred to in sub-section (1), the Government shall, in consultation with the relevant Regulatory Authority make such arrangements for administration of the University from the proposed date of dissolution of the University or winding up of the course and until the last batch of students in regular courses of studies of the University complete their courses of studies in such manner as may be specified by the Statues.

59. Expenditure of the University during dissolution.-(1) The expenditure of administration of the University during taking over period of its management under sub-section (5) of section 58 shall be met out of the Permanent Statutory Endowment Fund, the General Fund or the Development Fund in such manner as may be prescribed.

(2) If the fund referred to in section 47, 48, 49 and 50 are not sufficient to meet the expenditure of the University during the taking over period of its management, such expenditure may be met by disposing of the properties or asset of the University, by the Government.

(3) Where the dissolution of the University is due to mismanagement or maladministration, the Government is at liberty to identify the persons responsible for such mismanagement or maladministration and to impose penalty as it deems fit.

60. Removal of difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by a notification or by order, make such provisions, which are not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient, for removing the difficulty:

Provided that, no notification or order under this section shall be made after the expiry of a period of five years from the date of commencement of this Act.

(2) Every Order made under sub-section (1), shall, as soon as may be after it is made, be laid before the State Legislature.

61. Power to make rules by the State Government.- (1) The State Government may make rules, by notification, to carryout the purposes of this Act.

(2) Every rule made under this Act shall be laid as soon as may be after it is made 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 session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 rule.

The above translation of ಅರ್ಕ ವಿಶ್ವವಿದ್ಯಾಲಯ ಅದಿನಿಯಮ, 2012 (2013ರ ಕರ್ನಾಟಕ ಅದಿನಿಯಮ ಸಂಖ್ಯೆ 44) 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,

K.S.Mudagal Secretary to Government(I/C) Department of Parliamentary Affairs and Legislation

ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ

ನಂ. 896 No. 896 ಭಾಗ – IV-A Part – IV-A

ಬೆಂಗಳೂರು, ಮಂಗಳವಾರ, ಜುಲೈ 9, 2013 (ಆಷಾಡ 18, ಶಕ ವರ್ಷ 1935) Bangalore, Tuesday, July ⁹, ²⁰¹³ (Ashadha ¹⁸, Shaka Varsha ¹⁹³⁵)

PARLIAMENTARY AFFAIRS AND LEGISLATION SECRETARIAT

NOTIFICATION

NO SAMVYASHAE 75 SHASANA 2012, Bangalore, dated: 09.07.2013

Ordered that the translation of the ಕರ್ನಾಟಕ ರಾಜ್ಯ ಸಿವಿಲ್ ಸೇವೆಗಳ (ತಾಂತ್ರಿಕ ಶಿಕ್ಷಣ ಇಲಾಖೆಯ ಸಿಬ್ಬಂದಿಯ ವರ್ಗಾವಣೆ ನಿಯಂತ್ರಣ) ಅದಿನಿಯಮ, 2012 (2013ರ ಕರ್ನಾಟಕ ಅದಿನಿಯಮ ಸಂಖ್ಯೆ 12) in the English language, be published as authorised by the Governor of Karnataka under clause (3) of Article 348 of the constitution of India in the Karnataka Gazette for general information.

The following translation of the ಕರ್ನಾಟಕ ರಾಜ್ಯ ಸಿವಿಲ್ ಸೇವೆಗಳ (ತಾಂತ್ರಿಕ ಶಿಕ್ಷಣ ಇಲಾಖೆಯ ಸಿಬ್ಬಂದಿಯ ವರ್ಗಾವಣೆ ನಿಯಂತ್ರಣ) ಅದಿನಿಯಮ, 2012 (2013ರ ಕರ್ನಾಟಕ ಅದಿನಿಯಮ ಸಂಖ್ಯೆ 12) in the English language is published in the Official Gazette under the authority of the Governor of Karnataka under clause (3) of Article 348 of the Constitution of India.

KARNATAKA ACT NO. 12 OF 2013

(First Published in the Karnataka Gazette Extra-ordinary on the Sixth day of February, 2013) THE KARNATAKA STATE CIVIL SERVICES (REGULATION OF TRANSFER OF STAFF OF DEPARTMENT OF TECHNICAL EDUCATION) ACT, 2012

(Received the assent of the Governor on the Second day of February, 2013)

An Act to provide for regulation of transfer of Principals, Teaching and Non- Teaching staff of Department of Technical Education so as to ensure the availability of Principals, Teaching and Non-Teaching staff in Government Engineering Colleges/ Government Polytechnics and Government Junior Technical Schools/ Steric of the State.

Whereas it is expedient to provide for regulation of Transfer of staff of Department of Technical Education so as to ensure transparency and availability of Principals/Teaching/ Non- Teaching staff in Government Engineering Colleges/Government Polytechnics and Government Junior Technical Schools/Steric throughout the state and for the matters connected therewith or incidental thereto:

Be it enacted by the Karnataka State Legislature in the sixty third year of the Republic of India, as follows:-

1. Short title Application and commencement.- (1) This Act may be called The Karnataka State Civil Services (Regulation of transfer of staff of Department of Technical College) Act, 2012.

(2) The provisions of this Act shall be applicable to teaching and non-teaching staff of the Department of Technical Education except the post of the Director, Additional Director, Joint Director, Deputy Director.

(3) It shall come into force from such date as the State Government may, by notification, appoint.

2. Definitions.- In this Act, unless the context otherwise requires,-

(a) "Appointment" means appointment by direct recruitment or by posting or by promotion;

(b) "Appointing authority" means the concerned authority competent to make appointment to any post in the Karnataka Technical Education Department Service.

(c) "Competent authority" means the authority competent to make orders of transfer or appointment of staff of the Department of Technical Education.

Explanation;- (1) The Government shall be the competent authority to issue appointment and transfer orders in respect of all the officials coming under the Group A Cadre.

(2) The Director of Technical Education shall be the competent authority to issue appointment and transfer orders in respect of all the officials coming under the Group B cadre and Group C cadre above the rank of second division Assistant.

(3) The Administrative officer of the Technical Education shall be the competent authority to issue appointment and transfer orders in respect of all Group D staff;

(d) "College or Institution of Department of Technical Education" means,-

(i) "Government Engineering College" belonging to Government coming under purview of the Department of Technical Education;

(ii) "Government Polytechnic" belonging to Government coming under purview of the Department of Technical Education;

(iii) "Government Junior Technical School" belonging to Government coming under purview of the Department of Technical Education.

(e) "deputation" means deployment of the services of staff, fully or partially, from one Office/ Government Engineering Colleges/ Government Polytechnics and Government Junior Technical Schools/ Steric of the Department of Technical Education where he is working to another Office or Government Engineering Colleges/ Government Polytechnics and Government Junior Technical Schools/ Steric without shifting the lien;

(f) "Non-Teaching staff" means a person appointed to any category of non- teaching posts of Group-A, Group- B, Group-C or Group-D in various offices or Government Engineering Colleges or Government Polytechnics and Government Junior Technical Schools or Steric of the Department of Technical Education belonging to the State Civil Services and such other posts as specified in Schedule.

(g) "Principal" means a person appointed to a category of post of a Principal in the Government Engineering Colleges, Principal Grade-I or Grade-II in Government Polytechnic or equivalent post of Deputy Director/ Assistant Director in the Directorate of Technical Education, principal in Government Junior Technical School belonging to the State Civil Services and such other equivalent posts as specified in the Schedule.

(h) "Process of Counseling" means, the process of computerized counseling by giving opportunity to a person considered for appointment or a Government servant considered for transfer to opt a place or post on priority which is being given based on the length of the service put in by him in the place where he is working and such other criteria as may be prescribed.

(i) "Schedule" means Schedule appended to this Act;

(j)"Steric" means State Technical Education Resources and Information Centre coming under the purview of the Department of Technical Education.

(k) "teaching Staff" means,-ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ೬೦೫೭ (i) a person appointed to any of the category of posts of Associate Professor/Assistant Professor/ Professor/Librarian /Assistant Director of physical Education and sports/ Placement Officer in Government Engineering College belonging to the State Civil Services and such other posts as specified in the Schedule.

(ii) A person appointed to the category of posts of Head of Section, Lecturer and Assistant Lecturer in a Government Polytechnic belonging to the State Civil Services and such other posts as specified in Schedule.

(iii) A person appointed to the category of posts of Lecturer and Assistant Lecturer in a Government Junior Technical School belonging to the State Civil Services and such other posts as specified in Schedule.

(l)" transfer" means posting of a staff to a post in a place of working, from one place of working to a post in another place of working and includes transfer within or outside a Zone in the same cadre;

(m) "Unit of Seniority" means,-

(i) for the purpose of posting of Principal, all teaching and non-teaching staff (except in the category of Group-D posts), of the Department of Technical Education shall be the state;

(ii) for the Group-D category of posts, of the Department of the Technical Education the unit of Seniority shall be the District.

(m) "Zone" means the specific areas classified for transfer of staff and,-

(i) "Zone-A" means,-

(a) the areas falling under Bruhath Bangalore Mahanagara Palike (BBMP) limits and the area falling under Bangalore Development Authority (BDA) limits;

(b) the areas falling under the limits of City Corporations constituted under the Karnataka Municipal Corporation's Act 1976; and

(c) the areas falling under the limits of District Head Quarters and City Municipal Council or City Municipality of all District.

(ii) "Zone-B" means the areas falling under the Taluk Head Quarters and Town Municipality of all Districts, excluding the area falling under Zone –A;

(iii) "Zone-C" means the areas falling out side Zone-A and Zone-B.

(2) other words and expressions used but not defined in this Act shall have the same meaning assigned to them in the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990).

3. Compulsory appointment of a Principal / Teaching / Non / Teaching staff to Zone-C.- (1) Every appointing authority while making initial appointment of a Principal /Teaching /Non-Teaching staff to any College or Institution of the Department of Technical Education shall ensure that vacancies in zone-C shall be filled in the first instance.

(2) If no vacancy is available for initial appointment or transfer a vacancy may be created by transfer of a Principal/ Teaching/Non- Teaching staff who has completed minimum number of years of service or more number of years of service to another Zone in the order of priority from Zone-C to Zone –B and Zone-B to Zone-A.

Provided that the above condition shall not be applicable to the cadre where there is no post is available in any zone.

(3) (a) The minimum length of services required to be completed, to become eligible for transfer is Zone- C, Zone- B and Zone-A shall be as stipulated in the rules.

(b) if, no Principal/ Teaching/Non- Teaching staff is available who has completed minimum length of service, a person who has completed maximum number of years below the stipulated period as Principal, teaching or non- teaching staff may be considered for transfer as above:

Provided that in case any a Principal, teaching or non- teaching staff is staff who is serving in Zone-C is eligible to be transferred to Zone-B and similarly in case a Principal, teaching or non- teaching staff who is serving in Zone-B is eligible to be transferred to Zone-A but if he desires to continue to serve in Zone-C or Zone-B, as the case may be, he may be allowed to continue to serve in their respective Zones.

Explanation:-order of priority shall be calculated interalia, on the basis of the total number of years of service, of a Principal, teaching or non- teaching staff in a zone in different cadres and on the basis of any other criteria as may be prescribed.

(c) A Principal, teaching or non- teaching staff who is in Zone –A or Zone-B and who is undergoing any time bound –penalty imposed under the Karnataka Civil Services( Classification Control and Appeal) Rules, 1957 or who is facing any criminal charges in court of law may be transferred to Zone-C, if no vacancy is available in Zone-C, a vacancy may be created in the manner specified in sub-section (2).

Provided that if such Principal, teaching or non- teaching staff is working in Zone-C, he shall be transferred from the place where he is working to another place in the same Zone, but he shall not be transferred outside Zone-C till the completion of such disciplinary proceedings, criminal proceeding or penalty, as the case may be.

4. Transfer by Counseling.- Transfer of a Principal/ Teaching/Non- Teaching staff under this Act shall be through a process of counseling conducted in such manner as may be prescribed:

Provided that a person who is working in the Department of Technical Education, in the category of Group-D posts may be transferred within the District

Provided further that a person working in the Department of Technical Education, in the post of of Group-D category may be transferred from one District to another District only on his request.

5. Transfer of Principal, teaching or non- teaching staff (excluding Group-D) in the interest of public service.- Principal, teaching or non- teaching staff who is in service on the date of commencement of this Act and has served for more than prescribed years continuously in any Office, College or Institution of the Department of Technical Education in the same place in Zone-A shall be transferred to Zone-C.

Provided that no Principal, teaching or non- teaching staff who has less than two years of service for superannuation shall be transferred outside the limits of Zone –A unless on his request.

6. Restriction on transfer.- The total number of such transfers in a unit of seniority shall not exceed eight percent of the sanctioned strength of respective cadre in that unit of seniority.

Provided that, out of 8 percent of total number of transfer as mentioned above, the percentage of transfers to be made under special category shall be as prescribed.

7. Shifting of Posts.- If sufficient workload is not available for Teaching staff in any College or Institution of the Department of Technical Education in any subject, such number of post as determined as surplus may be shifted to any other College or Institution within the same Zone where the workload is sufficient, by the competent authority.

Provided further that if such Office or College or Institution with sufficient workload in that subject, cadre is not available in the same Zone , such number of posts in that or subject may be shifted from Zone –C to Zone-B and from Zone-B to Zone A.

8. Transfer of teaching Staff or non –teaching staff working in a shifted post.-The teaching or non-–teaching staff working in the posts shifted under section 7 shall be transferred in the same zone under section 3, 4 and 5.

9. Exceptions to the tenure.- In the case of transfer, the minimum period of stay in a place or zone as may be prescribed from time to time , shall be relaxed in the following cases namely:-

(i) In the case of both husband and wife being State Government employees and if one of the spouse is working in a different zone then the other spouse may be transferred to the same place or nearby place if he is in the same zone subject to availablity of clear vacancy;

(ii) Where a Principal, teaching or non- teaching staff is a widow;

(iii) Where a Principal, teaching or non- teaching staff is physically challenged;

(iv) Where a Principal, teaching or non- teaching staff has spouse or children and they are suffering from serious ailment, for which medical treatment is not available at his place of work and his transfer is necessary to a place where such treatment is available so as to provide the required medical treatment.

Provided that no transfer shall be considered unless the Principal, teaching or non- teaching staff concerned produces a certificate from the District Medical Board Specifying the nature of ailment, stating the fact that the required treatment is not available at his place of work, specifying the place where the required treatment is available and certifying that his transfer is necessary to such a place to provide him the required medical treatment.

10. Regulation of deputation.- In unavoidable circumstances where deputation or from one Office, College or Institution of the Department of Technical Education to another Office, College or Institution of the Department of Technical Education becomes absolutely necessary , then such deputation of teaching or non- teaching staff shall be made within the same zone.

11. Penalties.- if any competent authority or any officer makes an order of posting or appointment or transfer in contravention of the provisions of this Act or the rules made thereunder , such competent authority or officer as the case may be, shall be liable for disciplinary action under the disciplinary rules applicable to civil servants.

12. Cognizance of offences.-No court shall take cognizance of any offence under this Act except on a complaint made in writing by an officer authorized by the Government by notification published in this behalf in the official Gazette.

13. Act to override other laws.- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

14. Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Act, the State Government may by order published in the official Gazette make provisions not inconsistent with the provisions of this Act as it appear to be necessary or expedient for removing the difficulty.

15. Power to amend the schedule.- The State Government may, by notification , add, alter or remove any of the entries specified in the Schedule.

16. Protection of action taken in good faith.- No suit, prosecution or other legal proceeding shall lie against any officer of the Government for anything done in good faith or intended to be done under this Act.

17. Power to make rules.- (1) The State Government may by notification and after previous publication, make rules or amend rules from time to time to carry out the purposes of this Act.

(2) Any rule made under this Act may be made with retrospective effect and when such a rule is made, the reasons for making the rule shall be specified in a statement to be laid before both Houses of the State Legislature and subject to any modification made under sub- section(14).

(3) Every rule under this Act shall have effect as if it enacted under this Act, shall be laid as soon as may be after it is made 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 session in which it is so laid or the sessions immediately following both Houses agree in making any modification, in the rule or notification or decide 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 rules or notification.

18. Transitory provision.- Any rule, notification, order or appointment, made or issued under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) or otherwise providing for or relating to any of the matters for the furtherance of which this Act is an enacted, before the commencement of this Act and in force on the date of commencement of this Act, to the extent they are not inconsistent with the provisions of this Act, shall continue to be in force and effective as if they are made or issued or appointed under the corresponding provisions of this Act unless and until superseded by anything done or any Act action taken or any rule, notification, order or appointment made under this Act.

SCHEDULE

(see section 2(f), (g) and (h) and section 12)

The above translation of ಕರ್ನಾಟಕ ರಾಜ್ಯ ಸಿವಿಲ್ ಸೇವೆಗಳ (ತಾಂತ್ರಿಕ ಶಿಕ್ಷಣ ಇಲಾಖೆಯ ಸಿಬ್ಬಂದಿಯ ವರ್ಗಾವಣೆ ನಿಯಂತ್ರಣ) ಅದಿನಿಯಮ, 2012 (2013ರ ಕರ್ನಾಟಕ ಅದಿನಿಯಮ ಸಂಖ್ಯೆ 12) 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,

K.S.Mudagal Secretary to Government(I/C) Department of Parliamentary Affairs and Legislation

ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ

ನಂ. 897 No. 897 ಭಾಗ – IV-A Part – IV-A

ಬೆಂಗಳೂರು, ಮಂಗಳವಾರ, ಜುಲೈ 9, 2013 (ಆಷಾಡ 18, ಶಕ ವರ್ಷ 1935) Bangalore, Tuesday, July ⁹, ²⁰¹³ (Ashadha ¹⁸, Shaka Varsha ¹⁹³⁵)

PARLIAMENTARY AFFAIRS AND LEGISLATION SECRETARIAT

NOTIFICATION

NO SAMVYASHAE 79 SHASANA 2012, Bangalore, dated: 09.07.2013

Ordered that the translation of the ಆದಿಚುಂಚನಗಿರಿ ವಿಶ್ವವಿದ್ಯಾಲಯ ಅದಿನಿಯಮ, 2012 (2013ರ ಕರ್ನಾಟಕ ಅದಿನಿಯಮ ಸಂಖ್ಯೆ 18) in the English language, be published as authorised by the Governor of Karnataka under clause (³) of Article ³⁴⁸ of the constitution of India in the Karnataka Gazette for general information.

The following translation of the ಆದಿಚುಂಚನಗಿರಿ ವಿಶ್ವವಿದ್ಯಾಲಯ ಅದಿನಿಯಮ, 2012 (2013ರ ಕರ್ನಾಟಕ ಅದಿನಿಯಮ ಸಂಖ್ಯೆ 18)ರ in the English language is published in the Official Gazette under the authority of the Governor of Karnataka under clause (3) of Article 348 of the Constitution of India.

KARNATAKA ACT NO. 18 OF 2013

(First Published in the Karnataka Gazette Extra-ordinary on the Eighh day of February of February, 2013)

ADICHUNCHANAGIRI UNIVERSITY ACT, 2012 (Received the assent of the Governor on the Fifth day of February, 2013)

An Act to establish and incorporate in the State of Karnataka a University of unitary nature in Private Sector to promote and undertake the advancement of University Education in Engineering and Technology, Health Sciences, Agricultural Sciences and Technology, Management and Technology, Natural Sciences, Humanities and Social Sciences and allied sectors and for the matters connected therewith or incidental thereto.

Whereas it is expedient to establish and incorporate in the State of Karnataka a University of unitary nature in private sector to promote and undertake the advancement of University Education in Engineering and Technology, Health Sciences, Agricultural Sciences and Technology, Management and Technology, Natural Sciences, Humanities and Social Sciences and allied sectors and for the matters connected therewith or incidental thereto for the purposes hereinafter appearing;

Be it enacted by the Karnataka State Legislature in the sixty third year of the Republic of India as follows:-

CHAPTER – I

PRELIMINARY

1. Short title, extent and commencement.- (1) This Act may be called Adichunchanagiri University Act, 2012.

(2) It extends to the whole of the State of Karnataka

(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.

2. Definitions.- In this Act, unless the context otherwise requires,-

(a) "Academic Council" means the Academic Council of the University as specified in section 25;

(b) "Agenda Matters" means all the matters and business to be designated in the Statutes each of which can be either included in the Agenda or be taken up for discussion and decision at a meeting of the Board of Governors or the Board of Management or any Committees, as the case may be, only subject to the prior written approval of the Chancellor, consenting to the passing of such matters and business at such a meeting;

(c) "Board of Governors" means the Board of Governors of the University as constituted under section 23;

(d) "Board of Management" means the Board of Management of the University as constituted under section 24;

(e) "Chancellor", "Vice-Chancellor", "Pro Vice-Chancellor" means respectively the Chancellor, Vice Chancellor and Pro Vice Chancellor of the University;

(f) "Campus" means a campus established, maintained by the University;

(g) "Committees" means the committees formed under this Act or by the various functionaries of the University as the case may be and includes the Nomination Committee, the Finance Committee, and such other committees;

(h) "Constituent College" means a college or institution established and maintained by the University;

(i) "Finance Committee" means the Finance Committee of the University as constituted under section 27;

(j) "Government" means the Government of Karnataka;

(k) "National Accreditation Bodies" means a body established by the Central Government for laying down norms and conditions for ensuring academic standards of higher education, such as University Grants Commission, All India Council of Technical Education, Medical Council of India, Pharmaceutical Council of India, Indian Council of Agriculture Research, National Assessment and Accreditation Council, National Council of Teacher Education, Distance Education Council, Council of Scientific and Industrial Research, and includes the Government;

(l) "Prescribed" means prescribed by rules made by the Government under this Act.

(m) "Principal in relation to a Constituent College" means the head of the Constituent College and includes, where there is no Principal or in the absence of a Principal appointed, the Vice-Principal or any other person for the time being appointed to act as Principal;

(n) "Registrar" means the Registrar of the University;

(o) "Regional Centre" means a centre established or maintained by the University for the purpose of coordinating and supervising the work of Study Centres in any region and for performing such other functions as may be conferred on such centre by the Board of Management;

(p) "Trust" means Adichunchanagiri Shikshana Trust, which is a registered Trust and is the sponsoring body.

(q) "Sponsoring Authoriy" or "sponsoring body" in relation to this Act means the Trust;

(r) "State" means State of Karnataka;

(s) "Statutes" and "Regulations" means respectively, the Statutes and Regulations of the university made under this Act;

(t) "Study centre" means a centre established and maintained by the university for the purpose of advising, counseling or for rendering any other assistance required by the students;

(u) "Teacher" means and includes a Professor, Associate Professor, Assistant Professor, or such other person as may be appointed for imparting instruction or conducting or to guide research in the University or in a Constituent College and includes the Principal of Constituent College in conformity with the norms specified by the 'University Grants Commission;

(v) "University Grants Commission" means the Commission established under section 4 of the University Grants Commission Act, 1956 (Central Act 3 of 1956);

(w) "University" means Adichunchanagiri University, established and incorporated under this Act; (x) "Visitor" means the visitor of the University as specified in section 13.

CHAPTER - II

THE UNIVERSITY AND SPONSORING BODY

3. Proposal for the establishment of the University.- (1) The Trust shall have the right to establish the University of unitary nature subject to and in accordance with the provisions of this Act.

(2) The proposal to establish a University shall be made to the State Government by the Trust.

(3) The proposal shall consists of 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;

(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 persons 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; andಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ೬೦೬೪ (xiii) status of fulfillment of such other conditions as may be required by the State Government to be fulfilled before the establishment of the University.

(4) A Screening Committee shall be constituted by the State Government consisting of three member who are Ex- officio members of Karnataka State Higher Education Council to examine the proposals received, which shall make recommendations to the State Government.

4. Establishment of the University.- (1) Where the State 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) owns a land to the extent specified below in accordance with its location, namely:-

(a) twenty five acres of land if it is within limits of Bruhat Bangalore Mahanagara Palike;

(b) forty acres of land if it is out side the limits of Bruhat Bangalore Mahanagara Palike but within Bangalore Metropolitan Region Development Authority area;

(c) not less than sixty acres of land in the places other than the places specified in clauses (a) and (b).

The land specified above shall consist of a single block and it shall be in the name of concerned Trust/foundation/institution/ university itself. 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 47.

(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 nature in the State by the name of "Adichunchanagiri University".

(3) The headquarters of the University shall be at Mandya District. The University shall have Campuses or Regional Centres, Study Centres anywhere in Karnataka and subject to the prior permission of the State Government and as per UGC norms.

(4) The First Chancellor, the First Vice-Chancellor, 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) 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) 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) 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.

5. Grants and Financial Assistance.- The University shall be self-financing and shall neither make a demand nor shall be entitled to any maintenance, grant-in-aid or any other financial assistance from the State or any other body or corporation owned or controlled by the State:

Provided that the State may, provide financial support through grants or otherwise:-

(a) for research, development and other activities for which other State Government organizations are provided financial assistance; or

(b) for any specific research or programmes receiving support from the Government; and

(c) for the benefit of similar universities in the State whether subject to a change in State policy or otherwise:

Provided further that the university may receive any financial support from any other source.

6. Power to establish constituent College, additional campuses, Regional Centres or Study Centres.- The University may have Constituent Colleges, Regional Centres, additional campuses and Study Centres at such places in theವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ೬೦೬೫ State as it deems fit after the completion of five years after its establishment with prior approval of the State Government subject to norms of UGC and other National Accreditation bodies.

7. Objects of the University.- The University shall employ a broad range of strategies to achieve its vision and objectives,-

(i) to expand the horizon of world knowledge, provide instruction, teaching and learning including writing and reading, training, research and development at various levels such as Elementary Education, Secondary Education, Higher Education, in the subject disciplines such as:

(a) Engineering and Technology including Civil, Architecture, Mechanical, Automobile, Electrical, Electronics and Communication, Computer Science and Engineering, Information Technology, Design and Printing Technology including 3-D, Environmental Engineering, Bio-Technology, Space Technology, Nano-materials and Technology and any other emerging areas including interdisciplinary etc.

(b) Health Sciences including Medical, Dental, Ayurveda, Homeopathy, Naturopathy, Pharma, Nurshing and any other emerging areas including interdisciplinary etc.

(c) Agricultural Sciences and Technology School or College or Center.

(d) Management and Technology including Business Management, Tourism Management, Hotel Management, Hospitality Management, Hospital Management, Disaster Management, Risk Management and any other emerging areas of study including inter-disciplinary areas etc. (e) Natural Sciences including Physics, Electronics, Mathematics, Computer Science, Chemical and Environmental Sciences, Biological Sciences, Earth Sciences, Space Sciences, Nano Science and Nano-Materials and any other emerging area of study including interdisciplinary etc. (f) Humanities and Social Sciences including History, Kannada, Economics, Political Science, Journalism, Tourism, Law, Philosophy, Puranas and Pravachanas, Music, Art, Fashion Design including 3-D Design, Animation, Culture, Social Works, Sanskrit, English, other Indian and Foreign Languages and any other emerging areas of study including interdisciplinary areas etc. (g) Any other emerging areas or faculty or field of study across the globe.

(ii) to design and deliver high quality training, capacity building and development systems for teachers, teacher educators, teachers in higher and professional education, Leadership training including political leaders, administrators and development professionals working in education and other systems.

(iii) to institute degrees, diplomas including PG diplomas, dual degree programmes, integrated courses, certificates and other academic distinctions like awards, award of credits on the basis of ,-

(a) successful completion of academic work evaluated through multiple methods including modern methods of assessment; and

(b) outstanding contributions like writing original book or books, research publication, services in the areas of cultural and spiritual by eminent persons in different areas of learning;

(iv) to collaborate with any other universities, research institutions, non-profit organization, industry associations, professional associations or other organizations to conceptualize, design, develop and offer specific educational and research programmes, training programmes and exchange programmes for students, faculty members and others;

(v) to disseminate knowledge and develop a public debate on issues of education and allied development fields through series of lectures, seminars, conferences, executive education programmes, community development programmes, publications and training programmes and events;

(vi) to initiate and undertake programs for the development and training of faculty, researches, and support staff of the University in partnership, collaboration, co-operation, joint venture, strategic or any other form of mutually beneficial relationship with any other institution or institutions of similar vision, mission, strategic architecture and objectives;

(vii) to undertake collaborative research and advocacy with any organizations;

(viii) to undertake necessary or expedient action to pursue and promote the objectives of the University;

(ix) to undertake any objectives as may be approved by the Government for the enhancement of the education and other development sectors.

8. Powers of the University.- The University shall have the following powers, namely:-

(i) to establish and maintain Campuses, Regional Centres and Study Centres in Karnataka as may be determined by the University from time to time in the manner laid down by the Statutes with prior approval of the Government and as per UGC norms.

(ii) to carry out all such other activities as may be necessary or feasible in furtherance of the object of the University;

(iii) to confer degrees or other academic distinctions in the manner and under conditions laid down in the Statutes;

(iv) to institute and award fellowships, scholarships and prizes, awards medals etc., in accordance with the Statutes;

(v) to demand and receive such fees, bills, invoices and collect charges as may be fixed by the Statutes or rules, as the case may be;

(vi) to make provisions for extra curricular activities for students and employees;

(vii) to make appointments of the Faculty, officers and employees of the University or a Constituent College, Campuses, Regional Centres, Study Centres;

(viii) to receive voluntary donations and gifts of any kind not prohibited by any Law for the timebeing inforce and to acquire, hold, manage, maintain and dispose of any movable or immovable property, including Trust and endowment properties for the purpose of the University or a Constituent College or a Campus, Regional Centre, Study Centre;

(ix) to institute and maintain hostels and to recognize, places of residence for students of the University or a Constituent College;

(x) to supervise and control the residence and to regulate the discipline among the students and all categories of employees and to lay down the conditions of service of such employees, including the Code of. Conduct for the students and employees;

(xi) to create academic, administrative and support staff and other necessary posts;

(xii) to co-operate and collaborate with other Universities in such a manner and for such purposes as the University may determine from time to time;

(xiii) to organize and conduct refresher courses, orientation courses, workshops, seminars and other programmes for teachers, lesson writers, evaluators and other academic staff;

(xiv) to determine standards of admission to the University or a Constituent College, Regional Centres, Study Centres with the approval of Academic Council and to make admission of students of Karnataka not less than the extent provided in this Act;

(xv) to do all such other acts or things whether incidental to the powers aforesaid or not, as may be necessary to further the objects of the University;

(xvi) to institute Degrees, Diplomas, Certificates and other academic distinctions on the basis of examination or any other method of evaluation approved by the Government;

(xvii) to provide for the preparation of instructional materials, including films, cassettes, tapes, video cassettes, CD, VCD and other software and other relevant electronic and print media.

(xviii) to raise, collect, subscribe and borrow money with the approval of the Board of Governors whether on the security of the property of the University, for the purposes of the University;

(xix) to acquire, takeover and run the management of any other educational institutions with the prior approval of the Government;

(xx) to acquire properties with the prior approval of the board of management;

(xxi) to undertake any other activities connected with or incidental to above objectives of the University.

9. University open to all classes, castes, creed, gender or nation.- The University admissions shall be open to all persons irrespective of caste, class, creed, gender or nation. All admissions shall be made on the basis of merit in the qualifying examinations:

Provided that forty percent of the admissions in all courses of the university shall be reserved for the students of Karnataka State and admissions shall be made through a Common Entrance Examination conducted by the State Government or its agency and seats shall be allotted as per the merit and reservation policy of the State Government from time to time.

Provided further that where there are less than ten seats in any course like Post Graduate, they shall be reserved by clubbing such courses together and where there are less than three posts in any course they shall be reserved by rotation.

10. National Accreditation.- The University shall seek accreditation from respective statutory national accreditation bodies soon after its establishment. Further all the courses run by Private Universities shall be as per the regulations of the National Accreditation Bodies.

11. Powers of the sponsoring body.- The sponsoring body shall have the following powers with reference to the University, each of which may be exercised by the Sponsoring Body at its discretion, namely:-

(i) to appoint or re-appoint or terminate the appointment of the Chancellor;

(ii) to constitute the first Board of Governors of the University;

(iii) to nominate the chairperson of the Board of Governors;

(iv) to nominate three persons as members of the Board of Governors;

(v) to nominate two persons as members of the Board of Management;

(vi) to determine the source of funds to be contributed to the University Endowment Fund;

(vii) to determine the application and spending of moneys by the University;

(viii) to resolve any Conflict at the meeting of the Board of Governors in the manner provided for in this Act.

CHAPTER - III

OFFICERS OF THE UNIVERSITY

12. Officers of the University.- The following shall be the officers of the University:-

(i) The Visitor

(ii) The Pro-Visitor

(iii) The Chancellor;

(iv) The Vice-Chancellor;

(v) The Pro Vice-Chancellor;

(vi) The Registrar;

(vii) The Finance Officer;

(viii) The Dean

(ix) The Registrar Evaluation; and

(x) Such other officers as may be declared by the Statutes to be officers of the University.

13. The Visitor.- (1) His Excellency the Governor of Karnataka shall be the Visitor of the University and the visitor may offer suggestions for the improvement of the functioning of the University.

(2) The visitor shall preside over the convocation of the university for conferring Degree and Diploma.

(3) The Visitor shall have the following powers, namely:-

(i) to call for any paper or information relating to the affairs of the University;

(ii) on the basis of the information received by the Visitor, if he is satisfied that any order, proceedings, or decision taken by any authority of the University is not in conformity with the Act, regulations or rules, he may issue such directions as he may deem fit in the interest of the University and the directions so issued shall be complied with by all concerned.

14. The Pro-Visitor.- (1) The Hon'ble Minister for Higher Education of the Government of Karnataka shall be the Pro-Visitor of the University.

(2) The Pro-Visitor shall, when the Visitor is absent, preside at the Convocation of the University for conferring Degrees and Diplomas

15. The Chancellor.- (1) The Chancellor shall be appointed by the Sponsoring Body.

(2) The founder trustee of the Sponsoring Body shall be the first Chancellor, who shall hold for life or till he demits office.

(3) The subsequent Chancellor shall be either the then Trustee of the Sponsoring Body or such other person of eminence of national figure in the field of education, science, culture or public life, when such an appointment is being considered, as may be decided by the Sponsoring Body.

(4) The subsequent Chancellor so appointed shall hold the office as determined by the Sponsoring Body.

(5) The Chancellor shall have such powers as may be conferred on him by this Act or the Statutes made there under, which shall include the following powers; namely:-

(i) to function as the head of the University;

(ii) to preside at all convocations of the University in absence of visitor and pro-visitor ;

(iii) to function as a Chairperson of the Board of Governors of the University ;

(iv) to appoint or re-appoint or terminate the appointment of the Vice-Chancellor, in accordance with the provisions of this Act and the Statutes;

(v) to nominate a person as a member of the Nomination Committee as referred to in sub-section (2) of section 16 of this Act;

(vi) to pre-approve the appointment of the Pro Vice-Chancellor, the Dean, the Registrar and the Finance Officer;

(vii) to nominate two academicians as members on the Board of Governors;

(viii) to appoint the first Pro Vice-Chancellor and the Finance Officer;

(ix) to constitute the first Board of Management, the Finance Committee, the Research Council and the Academic Council;

(x) to pre-approve the Agenda matters in the manner provided for in the Act;

(xi) (xi) to resolve a conflict (excluding conflicts at a meeting of the Board of Governors) in the manner provided for in this Act.

(6) In the event of there being a conflict inter-se between the functionary or body and any other functionary or body of the University, then the issue shall be referred to the Chancellor and the decision of the Chancellor in respect of such issue shall be final and binding on the University.

16. The Vice-Chancellor.- (1) The Vice-Chancellor shall be appointed by the Chancellor for a term of three years subject to other terms and conditions as may be laid down by the Statutes from among three persons recommended by the Nomination Committee constituted in accordance with the provisions of sub-section (2). After the term of three years, it is renewable for another term of three years.

Provided that a Vice-chancellor shall continue to hold the office even after expiry of his term till new Vice- chancellor joins. However, in any case this period shall not exceed one year.

(2) The Nomination Committee referred to in sub-section (1) shall consist of the following persons, namely:-

(i) One person nominated by the Chancellor;

(ii) Two nominees of the Board of Governors, one of whom shall be nominated as the Convener of the Committee by the Board of Governors.

(3) The Nomination Committee shall, on the basis of merit, recommend three persons suitable to hold the office of the Vice-Chancellor and forward the same to the Chancellor along with a concise statement showing the academic qualifications and other distinctions of each person.

(4) The Vice-Chancellor shall be the Principal Executive and Academic Officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of the authorities of the University.

Provided that, where any matter, other than the appointment of a Teacher is of urgent nature requiring immediate action and the same could not be immediately dealt with by any officer or the authority or other body of the University empowered by or under this Act to deal with it, the Vice-Chancellor may take such action as he may deems fit with the prior written approval of the Chancellor.

(5) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be laid down by the Statutes or the Rules.

Provided that, where in the opinion of the Vice-chancellor, any decision of any authority of the university is outside the powers conferred by this Act or Statutes, regulations or rules made there under or is likely to be prejudicial to the interests of the university, he shall request the concerned authority to revise its decision within fifteen days from the date of its decision and in case the authority refuses to revise such decision wholly or partly or fails to take any decision within fifteen days, then such matter shall be referred to the Chancellor and his decision thereon shall be final.

(6) The services of the Vice-Chancellor can be terminated by the Chancellor with the approval of the Board of Governors after following the principles of natural justice and after providing an opportunity to present his case including for termination on disciplinary grounds.

(7) The Vice-Chancellor shall preside at the convocation of the University in the absence of the Visitor, Pro-Visitor and the Chancellor.

17. The Pro Vice-Chancellor.- The Chancellor shall appoint not exceeding three pro-vice Chancellors with the Written approval of the Chancellor in such manner and they shall exercise such powers and perform such duties as may be laid down by the Statutes.

18. Deans of Faculties.- Deans of Faculties shall be appointed by the Chancellor with the written approval of the Chancellor in such manner and they shall exercise such powers and perform such duties as may be laid down by the Statutes.

19. The Registrar.- (1) The Registrar shall be appointed by the Chancellor in such manner and on such terms and conditions as may be laid down by the Statutes.

(2) All contracts as defined in statutes shall be entered into and signed by the Registrar on behalf of the University.

(3) The Registrar shall have the power to authenticate records on behalf of the University and shall exercise such other powers and perform such other duties as may be conferred by the statutes or may be required from time to time, by the Chancellor or the Vice-Chancellor.

(4) The Registrar shall be responsible for the due custody of the records and the common seal of the University and shall be bound to place before the Chancellor, the Vice-Chancellor or any other authority, all such information and documents as demanded.

20. The Finance Officer.- The Finance Officer shall be appointed by the Vice-Chancellor with the written approval of the Chancellor in such manner and he shall exercise such powers and perform such duties as may be conferred by the Statutes.

21. Other Officers.- The manner of appointment, terms and conditions of service and powers and duties of the other officers of the University shall be such as may be specified by Statutes.

CHAPTER - IV

AUTHORITIES OF THE UNIVERSITY

22. Authorities of the University.- The following shall be the authorities of the University, namely:-

(i) The Board of Governors;

(ii) The Board of Management;

(iii) The Academic Council;

(iv) Research Council;

(v) The Finance Committee; andಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ೬೦೭೦ (vi) Such other authorities as may be declared by the

Statutes to be the authorities of the University.

23. The Board of Governors and its powers.-(1) The Board of Governors shall consist of the following, namely:-

(i) The Chancellor- Chairperson;

(ii) The Vice-Chancellor- Member;

(iii) The Principal Secretary/Secretary to the State Government in the Higher Education or by his nominee not below the rank of Deputy Secretary ;

(iv) The Principal Secretary/ Secretary to the Government in the Medical Education or by his nominee not below the rank of Deputy Secretary;

(v) One expert from the field of management, finance or any other specialized, including administration to be nominated by the State Government;

(vi) Two persons nominated by the Sponsoring Body of whom one shall be woman;

(vii) The Pro Vice-Chancellor who shall be a non-voting member;

(viii) One eminent educationist nominee of the university grant commission.

(2) The Registrar shall be non-voting member secretary of the Board of Governors.

(3) The tenure of office of the members of the Board of Governors, appointment of members, other than Government nominees, renewal and removal, etc., shall be such as may be laid down by the Statutes.

(4) All meetings of the Board of Governors shall always be chaired by the Chancellor and in his absence by any one of the nominees of the Chancellor. If Chancellor has not nominated any person to Chair such a meeting, members present in the meeting shall elect the Chairperson for that meeting only from among themselves by a simple majority.

(5) Quorum for all meetings of the Board of Governors, shall be three members attending and voting at such meeting.

Provided that the presence of either the Chancellor or one nominee of the Sponsoring Body and in the absence of the Chancellor or one nominee of Sponsoring Body, the Vice Chancellor, shall always be necessary to form the quorum for any meeting of the Board of Governors.

(6) The Board of Governors shall be the Principal Governing Body of the University and shall have the following powers, namely:

(i) to appoint the Statutory Auditors of the University;

(ii) to lay down policies to be pursued by the University;

(iii) to review decisions of the other authorities of the University if they are not in conformity with the provisions of this Act, or the Statutes or the Rules;

(iv) to approve the Budget and Annual Report of the University;

(v) to make new or additional Statutes or amend or repeal the earlier Statutes and Rules; .

(vi) to take decision about voluntary winding up of the University;

(vii) to approve proposals for submission to the Government;

(viii) to nominate three members to the Fee Regulation Committee

(ix) to take such decisions and steps as are found desirable for effectively carrying out the objects of the University.

(7) The Board of Governor shall, meet at least three times a year.

(8) No resolution shall be passed or decision be taken by the Board of Governors at their meeting, in respect of any Agenda Matters except pursuant to an affirmative vote by the Chancellor in favour of the Agenda Matter.

(9) In the event of a conflict of opinion at a meeting of the Board of Governors, then the issued shall be referred to the Sponsoring Body and the decision of the Sponsoring Body in respect of such issue shall be final and binding on the University.

24. The Board of Management.- (1) The Board of Management shall consist of the following, namely:-

(i) The Vice Chancellor;

(ii) The Pro-Vice Chancellor;

(iii) The Registrar;

(iv) Two nominees of the Sponsoring Body;

(v) Two Deans of the schools as nominated by the Chancellor.

(vi) The Registrar Evaluation

(2) The Vice Chancellor shall be the Chairperson of the Board of Management and the Registrar in the absence of the Registrar the Registrar Evaluation with the prior approval of the Chancellor shall be the Secretary of the Board of Management.

(3) The Board of management shall be the executive body of the University. The powers and functions of the Board of Management shall be such as may be specified by the statutes.

(4) All meetings of the Boards of Management, shall always be chaired by the Vice Chancellor and in the absence of the Vice Chancellor, by the nominee of the Sponsoring Body and where the Sponsoring Body has not nominated any nominees, then by any other member as elected by the members present in the meeting.

(5) In the event of a conflict of opinion at a meeting of the Board of Management, the issue shall be referred to the Chancellor and the decision of the Chancellor in respect of such issue shall be final and binding on the University.

25. The Academic Council.- (1) The Academic Council shall consist of the following, namely:-

(i) The Vice-Chancellor

- Chair Person

(ii) The Pro Vice Chancellor

– Member

(iii) The Registrar

- Secretary

(iv) Such other members as may be specified by-the Statutes.

(v) The Registrar Evaluation

–Member

(vi) One nominee of the Chancellor

- Member

(2) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes, Regulations and the Rules, co-ordinate and exercise general supervision over the academic policies of the University.

26. The Research Council.- (1) The Research Council shall be the Principal Research Committee of the University and shall provide the larger holistic vision of the kind of research to be undertaken by the University, including prioritization of the research areas. This Council shall, subject to the provisions of this Act, the Statutes, Regulations and the Rules, co-ordinate and exercise general supervision over the Research and innovation polices of the University.

(2) The Research Council shall consist of the following, namely:-

(i) The Vice-Chancellor

- Chair Person

(ii) The Pro Vice Chancellor

- Member

(iii) The Dean of Research

- Secretary

(iv) Head of the Department of Innovation - Member

(v) Deans of all Faculties

– Members and

(vi) Such other members as may be specified in the Statutes.

27. The Finance Committee.- (1) The Finance Committee shall consist of the following, namely:-

(i) The Chancellor

– Chairperson

(ii) The Vice-Chancellor

– Member

(iii) The Registrar

– Memberಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ೬೦೭೨ (iv) The Finance Officer

– Secretary

(v) One nominee of the Chancellor – Member; and

(vi) Such other members as may be specified by the statutes.

The Registrar Evaluation

_ Member

(2) The Finance Committee shall be the principal financial body of the University to take financial matters and shall, subject to the provisions of this Act, rules and statutes, undertake Co-ordination exercise, general supervisions over the financial matters of the University.

28. Other Authorities.- The constitution, the powers and functions of the other authorities of the University shall be such as may be specified by the statutes.

29. Disqualification for membership of an Authority or Body: A person shall be disqualified for being a member of any of the authorities of bodies of the University, if he;

(a) is of unsound mind and stands so declared by a competent court;

(b) is an un discharged insolvent;

(c) has been convicted of any offence involving moral turpitude;

(d) is conducting or engaging himself in private coaching classes; or

(e) has been punished for indulging in or promoting unfair practice in the conduct of any examination, in any form, anywhere.

(f) As and when the Sponsoring Body were to form an opinion in writing that a Member of any of the authorities or bodies is unfit to hold the post.

30. Proceedings not invalidated on account of Vacancy.- No act or Proceedings of any authority of the University shall be invalid merely by reason of the existence of any vacancy or defect in the constitution of the Authority.

31. Provisions pertaining to Agenda Matters.- (1) No agenda Matter shall be either included in the Agenda for or taken up for discussion or decided in the meeting of the Board of Governors or the Board of Management or any Committee without obtaining the prior approval of the Chancellor.

(2) In the event of breach of any provisions of this Act, the Chancellor shall be entitled at all time to immediately take remedial action by reversing all decisions taken by any functionary or body of University and consequent upon the pursuit of such a remedial action all such actions taken by the functionary or body of the university in breach of the provisions of the Act shall be deemed to be null and void ab initio and consequently ;

status quo ante shall prevail in respect of the matter or decision in breach.

CHAPATER – V

STATUTES AND REGULATIONS

32. Statutes.- Subject to the provisions of this Act, the Statutes may provide for all or any matter, relating to the University and staff as given below, namely: -

(i) the procedure for transaction of business of the Authorities of the University and the composition of bodies not specified in this Act.

(ii) the operation of the permanent statutory endowment fund, University endowment fund, the general fund and the development fund,

(iii) the terms and conditions of appointment of the Vice-Chancellor, the Registrar and the Finance Officer and their powers and functions,

(iv) the mode of recruitment and the terms and conditions of service of the other officers, Teachers and employees of the University;

(v) the procedure for resolving disputes between the University and its officers, Faculty members, employees and students;

(vi) creation, abolition or restructuring of departments and faculties;

(vii) the manner of co-operation with, other Universities or institutions of higher learning.;

(viii) the procedure for conferment of honorary degrees;

(ix) provisions regarding grant of freeships and scholarships;

(x) policies in respect of seats in different courses of studies and the procedure of admission of students to such courses;

(xi) policy relating to the fee chargeable from students for various courses of studies;

(xii) institution of fellowships, scholarships, studentships, free ships, medals and prizes;

(xiii) any other matters which may be decided by the Board of Governors or required to be provided by statutes under this Act.

33. Statutes how made.- (1) The first statutes framed by the Board of Management shall be submitted to the Board of Governors for its approval.

(2) The Board of Governors shall consider the First Statutes, submitted by the Board of Management and shall give its approval thereon with such modifications, if any, as it may deem necessary.

(3) The University shall publish the First Statutes, as approved by the Board of Governors in the University Notification, and thereafter, the First Statutes shall come into force from the date of its publication.

34. Power to amend the Statutes.- The Board of Governors may, make new or additional Statutes or amend or repeal the statutes;

35. Regulations.- Subject to the provisions of this Act, the regulations may provide for the following matters, namely:-

(i) admission of students to the University and their enrolment and continuance as such;

(ii) the courses of study to be laid down for all degrees and other academic distinctions of the University;

(iii) the award of degrees and other academic distinctions;

(iv) the conditions of the award of fellowships, scholarships, studentships, medals and prizes;

(v) the conduct of examinations and the conditions and mode of appointment and duties of examining bodies, examiners invigilators, tabulators and moderators;

(vi) the fee to be charged for admission to the examinations, degrees and other academic distinctions of the University;

(vii) the conditions of residence of the students at the University or a Constituent College;

(viii) maintenance of discipline among the students of the University or a Constituent College;

(ix) all other matters as may be provided in the Statutes under the Act.

36. Regulations how made.- The Regulations shall be made by the Academic Council and approved by Board of Management.

37. Power to amend Regulations.- The Academic Council may, with the approval of the Board of Management, make new or additional regulations or amend or repeal the regulations.

38. Fee Regulation Committee.- (1) The fee of the university seats reserved for Karnataka Students under section 9 shall be regulated by the Fee Regulation Committee constituted by the Government which shall be headed by a retired Supreme Court or High Court Judge and consists of Chancellor, Vice-Chancellor of the University, Principal Secretary or Secretary to Government incharge of Higher Education or by his nominee not below the rank of Deputy Secretary, Principal Secretary or Secretary to Government incharge of Medical Education or by his nominee not below the rank of Deputy Secretary, two Academicians nominated by the Board of Governors of whom one shall be woman. A Chartered Accountant of repute shall be co-opted for this purpose in the Committee.

(2) The Committee shall look after the compliance of the university in its admissions and collection of fee.

CHAPTER - VI

MISCELLANEOUS

39. Conditions of service of employees.- (1) Every employee shall be appointed under a written contract subject to such terms and conditions as may be specified by statutes and regulations or prescribed if any by rules which shall be kept in the University and a copy of which shall be furnished to the employee concerned.

(2) Disciplinary action against the employees shall be governed by the procedure specified in the Statutes.

(3) Any dispute arising out of the contract between the University and an employee shall, be resolved in the manner provided for in the written contract and in accordance with the Statues.

40. Right to appeal.- In case of disciplinary actions by the University against its employee or student, the aggrieved employee or students shall have a right to appeal to such authority as specified by the statutes.

41. Provident or pension fund.- The University shall constitute for the benefit of its employees such provident or pension fund and provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be specified by the statutes and the laws in force.

42. Disputes as to constitution of University authorities and bodies.- If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.

43. Constitution of Committees.- Any authority of the University mentioned in section 22, shall be empowered to constitute a committee of such authority, consisting of such members having such powers as the authority may deem fit.

44. Filling of casual vacancies.- Any casual vacancy among the members, other than ex-officio members of any Authority or body of the University shall be filled in the same manner in which the member whose vacancy is to be filled up, was chosen, and the person filling the vacancy shall be a member of such authority or body for the residual term for which the person in whose place he would have been a member.

45. Protection of action taken in good faith.- No suit or other legal proceedings shall lie against any officer or other employee of the University for anything, which is done in good faith or intended to be done in pursuance of the provisions of this Act, the Statues or the Rules.

46. Transitional provisions.- Notwithstanding anything contained in any other provisions of this Act and the Statutes:-

(i) the first Vice-Chancellor and Pro-Vice-Chancellor, if any shall be appointed by the Chancellor;

(ii) the first Registrar, the first Registrar Evaluation and the first Finance Officer shall be appointed by the Chancellor; and

(iii) the first Board of Management, the first Finance Committee, the first Research and innovation Council and the first Academic Council shall be constituted by the Chancellor.

47. Permanent Statutory Endowment Fund.- (1) The University shall establish a Permanent Statutory Endowment Fund of at least rupees twenty five crores out of which at least fifteen crores shall be in cash and remaining in the form of Bank guarantee which may be increased suo moto but shall not be decreased.

Provided that in case of a University outside the Bangalore or Bangalore Rural District at least ten crores must be in form of cash and the remaining five crores shall be in form of Bank Guarantee.

(2) The University shall have power to invest the permanent Statutory Endowment Fund in such manner as may be prescribed.

(3) The University may transfer any amount from General Fund or the Development fund to the permanent statutory fund except in the event of the dissolution of the University, in no other circumstances can any moneys be transferred from permanent Statutory Endowment Fund for any other purposes.

(4) Seventy five percent of the income received from permanent Statutory Endowment Fund shall be used for the purpose of development or general work of the University. The remaining twenty five percent shall be invested in the permanent Statutory Endowment Fund.

48. University Endowment Fund.- (1)The University shall establish a University Endowment Fund having such funds as may be determined by the Sponsoring Body which can include donations and other funds received from time to time.

(2) The University shall have the power to invest the University Endowment Fund in a manner as may be specified by the Statutes.

(3) The University Endowment Fund is a self-imposed fund that the University desires to maintain voluntarily and invest it responsibly to protect itself from financial challenges that may arise on account of pursuing social objectives and/or unforeseen circumstance.

(4) The University may transfer any amount from the General Fund or the development fund to the University Endowment Fund. Excepting in the dissolution of the University, in no other circumstances moneys can be transferred from the University Endowment Fund for other purposes.

(5) Eighty percent of the incomes received from the University Endowment Fund shall be used for the purposes of development or general work of the University. The remaining twenty percent shall be reinvested into the University Endowment Fund.

49. General Fund.- (1) The University shall establish a General Fund to which the following amount shall be credited, namely:-

(i) all fees which may be charged by the University;

(ii) all sums received from any other source not prohibited by any law for the time being in force;

(iii) all contributions made to the University;

(iv) all contributions/donations made in this behalf by any other person or body which are not prohibited by any law for the time being in force.

(2) The funds credited to the General Fund shall be applied to meet all the recurring expenditure of the University.

50. Development fund.- (1) The University shall also establish a Development Fund to which the following funds shall be credited, namely:-

(i) development fees which may be charged from students;

(ii) all sums received from any other source for the purposes of the development of the University;

(iii) all contributions made to the University;

(iv) all contributions/donations made in this behalf by any other person or body which are not prohibited by any law for the time being in force; and

(v) all incomes received from the Permanent Statutory Endowment Fund.

(2) The funds credited to the Development Fund from time to time shall be utilized for the development of the University.

51. Maintenance of funds.- The funds established under sections 47, 48, 49 and 50 shall, subject to general supervision and control of the Board of Governors, be regulated and maintained in such manner as may be prescribed.

52. Annual Report.-(1) The annual report of the University shall be prepared under the direction of the Board of Management and shall be submitted to the Board of Governors for its approval.

(2) The Board of Governors shall consider the annual report in its meeting and may approve the same with or without modification.

(3) A copy of the annual report duly approved by the Board of Governors shall be sent to the State Government before 31st December following close of the financial year in 31stMarch of each year.

53. Account and audit.- (1) The annual accounts and balance sheet of the University shall be prepared under the direction of the Board of Management and all funds accruing to or received by the University from all source and all amount disbursed or paid shall be entered in the account maintained by the University.

(2) The annual accounts of the University shall be audited by an auditor, who is a member of the Institute of Charted Accountants of India, every year.

(3) A copy of the annual accounts and the balance sheet together with the audit report shall be submitted to the Board of Governors before 30thNovember following close of the financial year in 31 March of each year.

(4) The annual accounts, the balance sheet and the audit report shall be considered by the Board of Governors at its meeting and the Board of Governors shall forward the same to the visitor and the Government along with its observation thereon on or before 31st December of each year.

(5) In the event of any material alteration in the Report of the Auditors, the State Government may issue directions to the University, and such directions shall be binding on the University.

54. Mode of proof of University record.- A copy of any receipt, application, notice, order, proceeding or resolution of any authority or committee of the University or other documents in possession of the University or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or-document or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein recorded where the original thereof would, if produced, have been admissible in evidence.

55. Power of State Government to issue directions.- The State Government may give such directions to the University as in its opinion are necessary or expedient for carrying out the purposes of this Act or to give effect to any of the provisions contained therein or of any rules or orders made thereunder and the Board of Governor or the Board of management, as the case may be, of the University shall comply with every such direction.

56. Penalties.- (1) Whoever contravenes the provisions of this Act or the rules made thereunder or any examination matters or in matters relating to award of degrees or in giving marks cards shall on conviction be punishable with fine of rupees fifty thousand which may extend to ten lakhs rupees or with an imprisonment for a term of six months which may extend to two years or with both.

Provided that, where the University is also involved the permission letter granted under this Act to commence the University shall be withdrawn.

(2) A penalty under this section may be imposed without prejudice to the penalty specified in any other Act. 57. Power to enter and inspect.- Any officer not below the rank of Group 'A officer authorised by the State Government in this behalf, shall, subject to such conditions as may be specified therein under the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (Karnataka Act 37 of 1984) shall be deemed to be the Officer authorized to exercise the same powers and discharge the same functions as provided under section 9 of that Act for the purposes of this Act.

58. Power to give direction for dissolution of the University.- (1) If the University proposes dissolution in accordance with the law governing its constitution or incorporation, it shall give at least six months prior notice in writing to the Government.

(2) The Karnataka State Higher Education Council shall conduct periodical Inspection of University regarding;- (i) Standard of Instructions for grant of degree;

(ii) Quality of Education;

(iii) Avoidance of commercialisation of Higher Education;

(iv) contravention of the provisions of the Act if any;

-and send report to the Government.

(3) On identification of mismanagement, maladministration and indiscipline, the Government shall issue directions to the management of the University to set right the administration . If the direction is not followed within such time as may be prescribed, the right to take decision for winding up of the University or any course thereof shall vest with the Government.

(4) The manner of winding up of the University or any course thereof shall be such as may be prescribed by the Government in this behalf.

Provided that no such action shall be initiated without affording a reasonable opportunity to show cause to the University.

(5) On receipt of the notice referred to in sub-section (1), the Government shall, in consultation with the relevant Regulatory Authority make such arrangements for administration of the University from the proposed date of dissolution of the University or winding up of the course and until the last batch of students in regular courses of studies of the University complete their courses of studies in such manner as may be specified by the Statues.

59. Expenditure of the University during dissolution.-(1) The expenditure of administration of the University during taking over period of its management under sub-section (5) of section 58 shall be met out of the Permanent Statutory Endowment Fund, the General Fund or the Development Fund in such manner as may be prescribed.

(2) If the fund referred to in section 47, 48, 49 and 50 are not sufficient to meet the expenditure of the University during the taking over period of its management, such expenditure may be met by disposing of the properties or asset of the University, by the Government.

(3) Where the dissolution of the University is due to mismanagement or maladministration, the Government is at liberty to identify the persons responsible for such mismanagement or maladministration and to impose penalty as it deems fit.

60. Removal of difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by a notification or by order, make such provisions, which are not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient, for removing the difficulty:

Provided that, no notification or order under this section shall be made after the expiry of a period of five years from the date of commencement of this Act.

(2) Every Order made under sub-section (1), shall, as soon as may be after it is made, be laid before the State Legislature.

61. Power to make rules by the State Government.- (1) The State Government may make rules, by notification, to carryout the purposes of this Act.

(2) Every rule made under this Act shall be laid as soon as may be after it is made 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 session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 rule.

The above translation of ಆದಿಚುಂಚನಗಿರಿ ವಿಶ್ವವಿದ್ಯಾಲಯ ಅದಿನಿಯಮ, 2012 (2013ರ ಕರ್ನಾಟಕ ಅದಿನಿಯಮ ಸಂಖ್ಯೆ 18) 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,

K.S.Mudagal Secretary to Government(I/C) Department of Parliamentary Affairs and Legislation

ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ

ನಂ. 898 No. 898 ಭಾಗ – IV-A Part – IV-A

ಬೆಂಗಳೂರು, ಬುಧವಾರ, ಜುಲೈ 10, 2013 (ಆಷಾಡ 19, ಶಕ ವರ್ಷ 1935) Bangalore, Wednesday, July ¹⁰, ²⁰¹³ (Ashadha ¹⁹, Shaka Varsha ¹⁹³⁵)

CO-OPERATION SECRETARIAT

NOTIFICATION

No: CO 14 CLM 2013, Bengaluru, dated: 10.07.2013

Whereas the draft of the Karnataka Cooperative Societies (Amendment) Rules, 2013 was published as required by sub-section (1) of section 129 of the Karnatka Co-operative Societies Act, 1959 (Karnataka Act No. 11 of 1959) in notification No.CO 14 CLM 2013, dated: 20.04.2013 in part IV-A of the Karnataka Gazette dated: 20.04.2013 inviting objections and suggestions from all persons likely to be affected thereby within thirty days from the date of its publication in Official Gazette.

And whereas the said Gazette was made available to public on 20.04.2013.

And whereas objections and suggestions received in this behalf by the State Government, have been considered.

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 129 of the Karnataka Co- operative Societies Act, 1959 (Karnataka Act No. 11 of 1959) the Government of Karnataka hereby makes the following rules, namely:-

RULES

1. Title and commencement.- (1) These rules may be called Karnataka Cooperative Societies (Amendment) Rules, 2013.

(2) They shall come into force from the date of their publication in the Official Gazette.

2. Substitution of the word "committee":- In the Karnataka Cooperative Societies Rules, 1960 (hereinafter referred to as the said rules), for the word 'committee' wherever it occurs, the word 'board' shall be substituted.

3. Amendment of rule 2.- In rule 2 of the said rules after clause (i), the following shall be inserted, namely:-

"(i-1) 'District Election Officer' means an officer appointed by the cooperative election commission as the district election officer for the district;

(i-2) 'Returning Officer' means any officer of the State Government or a Local Authority appointed as returning officer by the cooperative election commission and includes an Assistant returning officer performing any of the functions of the returning officer".

4. Amendment of rule 3.- In rule 3 of the said rules, the existing rule shall be renumbered as rule "3A" and before the said rule so renumbered, the following shall be inserted, namely:-

"3. Formalities for registration- (1) A group of persons not less than ten persons intending to form a cooperative society may join together and elect a chief promoter among themselves, and a few promoters to assist him and authorise him to take further steps for registration of the society. Such group of persons shall decide the name and area of operation of the proposed society, adopt the bye-laws of the proposed society and also resolve to authorise the chief promoter to collect the required share capital from the persons intending to become the members of the proposed society.

(2) The chief promoter shall approach the jurisdictional Registrar along with a list of persons who have joined together to form the proposed cooperative society, a copy of the proceedings of the meeting of the said group of persons containing their names, addresses and signatures, two copies of the bye-laws of the proposed society and a copy of the project report to show the proposed society has reasonable chances of success and is going to be a viable organisation.

(3) The Registrar on being satisfied that, the proposed society has reasonable chances of success and is going to be economically viable may permit the chief promoter to collect such amount of share capital from such number of persons intending to become the members of the proposed society within such period as he may specify.

(4) After getting permission from the Registrar, the chief promoter shall get a few receipts book printed in the name of the proposed society and collect the share capital from the persons intending to become the members of the proposed society. He shall issue receipts to the proposed members for the amount collected with his signature under his name and designation. The money so collected shall be deposited within seven days from the date of collection, in an account opened by the chief promoter in the name of proposed society, in a scheduled or a cooperative bank.. He shall maintain a cash book, receipt book, voucher book and other accounts for the money collected and remitted to the bank.

However, he shall be competent to retain such money as may be necessary and sufficient to incur incidental expenses like printing, stationery, typing, postage, etc.,

(5) After collecting the share capital to the extent permitted by the Registrar from the specified number of persons, the chief promoter shall convene a meeting of the promoters of the proposed society and place the details of the particulars of receipts and expenditure incurred and the names of the proposed members from whom share capital is collected. After getting a resolution passed in the promoters meeting, he shall submit a proposal to the Registrar for the registration of the society in the prescribed application along with five copies of the bye-laws of the proposed society and the list of proposed members with their names and addresses. If there is any change in the promoters list, it can be ratified by the registering authority. The application shall be signed by each one of the applicants who is an individual and by a person duly authorised on behalf of any cooperative society which is an applicant and shall be accompanied by the prescribed fee."

5. Amendment of rule 5.- In rule 5 of the said rules, in sub-rule (1),after clause (q), the following shall be inserted, namely:-

"(r) the services to be provided to the members;

(s) the minimum services or facilities which a member shall utilize in a year;

(t) the minimum number of meetings which a member shall attend during the last five years;

(u) the obligations, rights and duties of the directors and the members;

(v) the constitution of the representative general body, the number of representatives, the mode of election of the representatives;

(w) the powers, functions and duties of the general body;

(x) the manner of convening general meetings and quorum thereof;

(y) the manner of convening board meetings, its quorum, venue;

(z) the frequency and number of board meetings in a year;

(aa) the travelling allowance, daily allowance or such other allowances or fees admissible to the directors, for attending meetings or for performing any other function as a director or office-bearer;

(ab) the conditions and restrictions of the Chief Executive;

(ac) the principal place and other places of the business of a co-

operative society;

(ad) the education and training programmes for the members, the directors and the employees;

(ae) the filling up of casual vacancy through co-option;

(af) the submission of returns to the Registrar;

(ag) the submission of receipts and payments, income and expenditure, profit and loss accounts and the balance sheet as on the end of the co-operative year along with other statements and schedules required for the audit to the auditors;

(ah) constitution of various funds as required under the Act and Rules.

(ai) constitution of sub-committees by the board."

6. Amendment of rule 6.- In rule 6 of the said rules.-

(a) in sub-rule (2) for the words, "unless notice of the proposed amendment" the words," unless notice of clear fifteen days with the text of the existing bye-law, the text of the proposed amendment and reasons therefor" shall be substituted;

(b) sub-rule (6) shall be omitted.

7. Amendment of rule 12.- In rule 12 of the said rules, in sub-rule (1), for the words and figure "or is removed under rule 7", the words and figures "or incurs disqualification and ceases to be a member under section 17" shall be substituted.

8. Amendment of rule 12A.- In rule 12A of the said rules, in sub-rule (2), for the words " three thousand", the words, "one thousand", shall be substituted.

9. Substitution of rule 12B.- For rule 12B of the said rules, the following shall be substituted, namely:-

"12B Election for representatives of general body.- The process of election in a co-operative society having representative general body consists of two phases one, the election of the representatives to the representative general body, known as representative election in the first phase and then the election of directors to the board known as general election in the next phase. The Co-operative Election Commission, shall appoint a Returning Officer for conducting the general election and as many Assistant Returning Officers as are required for conducting representative elections in respect of a co-operative society having representative general body.

12C. Number of representatives on the representative general body.- (1) Where,-

(i) the area of operation of a cooperative society having representative general body in case of rural area extends to a taluk or in the case of a city corporation and above to a assembly constituency but less than the State, or

(ii) the number of members exceeds one thousand,

the minimum number of representatives to be elected, shall be two hundred and maximum number of representatives shall be one thousand. The number of representatives elected from each area or constituency, shall be as specified in the bye-laws.

(2) Where the area of operation of a cooperative society having representative general body extends to the whole of the State of Karnataka, the minimum number of representatives to be elected shall be two from each Taluka. In respect of a city corporation, there shall be minimum two representatives for each assembly constituency of the city corporation. If the membership in a taluk or an assembly constituency within a City Corporation is less than fifty, such area shall be attached to the neighbouring taluk or assembly constituency having least number of members as provided in the bye- laws".

10. Amendment of rule 13:- In rule 13 of the said rules, for sub-rule(2), the following shall be substituted;

namely:-

"(2) The bye-laws of such a society may specify the number or proportion of the directors to be elected as members of the board of the society to represent each such group on the board and may specify further that such directors may be elected-

(a) by all the members of the society, constituting a single electoral college; or

(b) by different smaller groups of members of the society to which such directors belong, constituting more than one electoral college:

Provided, that the number of directors to be elected from each electoral college at the general election of the board of such co-operative society shall be as nearly as possible in proportion to the number of the members in the respective electoral college.

(3) However, if the bye-laws of a society do not provide for such electoral colleges as specified in sub rule 2(b) when the elections to the board of directors of the society are due, the co-operative election commission is competent to determine such electoral college and notify the same and conduct such elections of the society as per the notification issued".

11. Insertion of new rules 13B, 13C, 13D, 13E, and 13F.- After rule 13 A of the said rules, the following shall be inserted, namely:-

"13B Co-operative Election Commission (CEC):- (1) The Co-operative Election Commission may formulate guidelines for preparation of the electoral rolls and for the conduct of elections of all co-operative societies in the state.

(2) Every cooperative society shall furnish such documents and information which the Co-operative Election Commission may require from time to time.

(3) The salary and allowances of the Cooperative Election Commissioner shall be as under-

(a) if he is in service, he shall continue to draw the pay and allowances applicable as per his service conditions,

(b) if he is not in service, he shall be paid a salary equal to the salary of a judge of the High Court, after reducing the pension amount from the total emoluments drawn.

(c) The conditions of service relating to the payment of travelling allowance, house rent allowance, conveyance facilities, sumptuary allowance, medical facilities, leave facilities and such other conditions of service, for the time being, applicable to a judge of a High Court under Chapter IV of the High Court Judges (condition of service) Act 1954 and the Rules made thereunder shall be as far as may be applicable to the Co-operative Election Commissioner. However, he shall also be entitled to get any additional facilities like provision for rent free accommodation, as may be provided by the co-operative election commission. He shall be competent to sanction his own leave.

(4) The salary and allowances of the Secretary of the Co-operative Election Commission shall be as under- (a) if he is in service, he shall continue to draw the pay and allowances applicable as per his service conditions.

(b) if he is not in service, he shall be paid a salary drawn with basic pay at the last stage of the pay scale applicable to an Additional Registrar of Co-operative Societies from time to time after reducing the pension amount from the total emoluments drawn.

(c) the conditions of service relating to the payment of travelling allowance, house rent allowance, conveyance allowance, medical allowance and leave facilities as applicable to an Additional Registrar of Co-operative Societies from time to time shall be applicable to the Secretary of the Commission. The Co-operative Election Commissioner shall be competent to sanction leave to the Secretary of the Commission.

(5) The term of office of the Secretary of Cooperative Election Commission, is for a period of three years from the date of assuming office as the Secretary of the Cooperative Election Commission.

(6) The salaries, allowances, retirement benefits and the terms and conditions of service (including conduct, discipline and control) of the officers and other employees of the Co-operative Election commission shall be such as those applicable to the Corresponding category of employees of the State Government.

13C. Conduct of general elections to board.- (1) Subject to the Superintendence, control and direction of the Co-operative Election Commission, The District Election Officer of every district, shall co-ordinate and supervise all work in connection with the preparation of the electoral rolls and the conduct of all elections to the cooperative societies whose registered offices are situated within the district. The District Election Officer shall also exercise such powers and perform such other functions pertaining to the said preparation of electoral rolls and the conduct of elections as may be entrusted to him by the Co-operative Election Commission.

(2) The District Election Officer along with the officers and employees of the Government deputed to assist the Co- operative Election Commission shall be deemed to be on deputation to the Co-operative Election Commission from the date of the announcement of the calendar of events of election by the commission until the completion of the process of election and the declaration of the results thereon.

13D. Preparation of electoral rolls and calendar of events.- (1) The District Election Officer shall, after due verification, send a consolidated list of all cooperative societies in the district where elections are due at least 120 days before the date of expiry of the term of office of the boards to the Co-operative Election Commission indicating therein the following particulars:-

(a) the name and address of the society;

(b) number of elected directors of the board;

(c) the date of expiry of the term of office of the board;

(d) the proposed places where the elections are to be held or other particulars as required by the Co- operative Election Commission.

(2) The Co-operative Election Commission shall, on receipt of such reports from the District Election Officer of the district, containing the list of cooperative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the cooperative societies in the district indicating the name and address of each society and the date and place of election;

(3) The co-operative election commission shall take steps,-

(a) for publication of draft eligible electoral list, a list of defaulters, a list of members whose repayments will fall due before the date fixed for publication of final electoral roll at least forty five days before the date of general election calling for objections, if any, and calling upon the defaulter members to repay the amounts due to the co-operative societies at least fifteen days before the date of general election.

(b) for publication of final eligible voters list on or before fifteen clear days prior to the date of election Provided that the draft list of eligible members and delegates with right to vote, the list of defaulters and the list of other members and delegates who are not eligible to vote as also the final list of electoral rolls and the election calendar shall be announced on the notice board of the concerned cooperative society and its branches, if any, the local office of the department of cooperation, website if any of the cooperative society and such other prominent places having access to the members and delegates of the cooperative society.

(4) It shall be the duty of every society to furnish correct information required by the District Election Officer to enable him to prepare the electoral rolls, as directed by the Co-operative Election Commission or the District Election Officer from time to time.

(5) The chief executive of every cooperative society shall prepare (i) a draft list of the eligible members or representatives and delegates with right to vote, (ii) a list of members whose repayments will fall due before the date fixed for publication of final electoral roll (iii) a list of defaulters (iv) a list of other members or representatives and delegates who are not eligible to vote at a general election indicating the reasons for ineligibility memberwise on the basis of entries in the updated membership register specifying,-

(a) the name of the member or representative, the admission number, the name of the parent or husband and the address of such member or representative in the case of an individual member;

(b) the admission number, the name of the society, the name of the delegate proposed to represent the society in the case of a member society;

and submit the said lists to the District Election Officer along with the related books, records and documents and any other information as the District Election Officer may require, at least sixty days before the date of election (6) The Co-operative Election Commission shall call upon the chief executive of the cooperative society to obtain from the member society, the name of an authorized member of the board of such society as a delegate, together with the resolution of the board of the said society and the specimen signature along with the photograph of the delegate duly attested and bearing the seal of the society and furnish all such information under sub-rule(5)"

(7) The final electoral roll shall consist of the following,-

(a) all the individual members with right to vote in respect of a primary cooperative society; or (b) all the individual members and the delegates of the members societies with right to vote in respect of a secondary cooperative society; or

(c) all the delegates of the member societies with right to vote in respect of a federal and an apex society.

(8) The copy of such electoral roll in respect of each society shall be kept open for inspection in the office of such society as also in the office of the District Election Officer.

(9) The election calendar of events for general election of directors of the board shall provide for,-

(a) date of notification inviting nomination;

(b) last date for receipt of nomination;

(c) date and time for scrutiny of nomination;

(d) date and time for publication of list of validly nominated candidates;

(e) date and time for withdrawal of nomination papers;

(f) Date and time for publication list of contesting candidates;

(g) Date and time for allotment of symbols and publication of contesting candidates with symbols;

(h) Date and time of poll;

(i) Date and time of counting and declaration of results.

13E. Returning Officer.- (1) For every election of the representatives in respect of a Co-operative society having representative general body, or for every general election of the board of every cooperative society or for every election of the office-bearers of every cooperative society or for an election to fill a casual vacancy in the office of a representative or a director or an office-bearer of every co-operative society, the Co-operative Election Commission shall appoint a returning officer and one or more assistant returning officers as may be required.

(2) The following are the functions of the returning officer,-

(i) Subject to the approval of the Co-operative Election Commission, the returning officer shall prepare and publish the complete time schedule for holding election;

(ii) The returning officer may, in consultation with the District Election Officer, provide for sufficient number of polling stations in such manner as the CEC may direct.

(iii) The returning officer appointed under sub-rule (1), shall publish a calendar of events for the purpose of conduct of elections of the directors, at least fifteen clear days before the date of election. The notice of the election under the signature of the returning officer or the assistant returning officer along with the calendar of events shall be sent to all the eligible members in the following modes, namely:-

(a) by ordinary post; or

(b) by e-mail; or

(c) by local delivery under proper receipt; and

(d) by publication in the newspaper having wide circulation in the area of operation.

(iv) The notice of election along with the calendar of events shall also be published on the notice board of the society and its branches, if any, the office of the returning officer and the office of the District Election Officer. The notice of election shall contain the following further information regarding – (a) the number of vacancies to be filled by election;

(b) the area or the constituency (specified in the byelaws) from which the directors are to be elected;

(c) the qualifications, if any, specified in the Act, rules or the byelaws for being elected as a member of the board;

(v) The Chief Executive of every cooperative society shall render necessary assistance to the returning officer in this behalf.

(vi) It shall be the general duty of the returning officer at any election to do the following amongst other acts and things as may be necessary for effectively conducting the election in the manner provided by these rules-

(a) issue notice inviting the nominations,

(b) receive and scrutinise the nomination papers,

(c) allot symbols to the contesting candidates,

(d) publish list of candidates eligible to contest,

(e) make arrangement for polling station/sವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ೬೦೮೩ (f) make arrangements for despatch of the polling personnel to the polling stations,

(g) make arrangement for ballot box,

(h) make arrangement for printing of ballot papers,

(i) compile results of different polling stations where necessary,

(j) declare the result of an election and issue election certificate thereof.

(vii) The Returning Officer shall receive papers from the polling personnel in connection with the election, (viii) The Returning Officer may also take assistance of the Assistant Returning Officers and polling personnel as may be required in the discharge of his duties with the approval of the Co-operative Election Commission;

(ix) The returning officer shall liaise with the district administration for maintenance of law and order during election of any cooperative society within his jurisdiction;

(x) The returning officer shall send report or returns to the Co-operative Election Commission, Karnataka as may be directed by the commission from time to time;

(xi) All the relevant electoral records should be preserved in the custody of the concerned society with proper acknowledgement, but in exceptional cases such documents are required to be kept in the sub- divisional office if the commission or returning officer or assistant returning officer orders to that effect;

(xii) The returning officer shall keep in his custody all documents which he may receive from the assistant returning officers or which may be prepared by himself in connection with election of any cooperative society within his jurisdiction for such period as may be directed by the Co-operative Election Commission;

(xiii) The returning officer shall perform such other functions as may be entrusted to him by the Co-operative Election Commission from time to time.

13F. Appointment of Presiding Officers and Polling Personnel.-(1) The District Election Officer, shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary.

(2) A polling officer shall, if so directed by the presiding officer, perform all or any of the functions of a presiding officer, under these rules.

(3) If the presiding officer, owing to illness or other unavoidable cause, is obliged to absent himself from the polling station, his functions shall be performed by such polling officer as has been previously authorised by the returning officer to perform such functions during any such absence.

(4) It shall be the general duty of the presiding officer at a polling station to maintain order there at and to see that the poll is fairly taken.

(5) It shall be the duty of the polling officer at a polling station to assist the presiding officer for such station in the performance of his functions.

(6) Every assistant returning officer shall, subject to the control of the returning officer, be competent to perform all or any of the functions of the returning officer as may be assigned to him by the returning officer or by the Co-operative Election Commission.

(7) Under the supervision and control of the returning officers or the assistant returning officers, the presiding officer and the polling officers shall take poll on the day of election and immediately after close of the poll, they shall count the votes cast by the members or representatives/delegates and prepare the reports / returns as may be directed. They shall also submit the documents or materials relating to the election to the concerned returning officer or the assistant returning officer."

12. Substitution of rule 14, 14A, 14B, 14C, 14D and 14E.- For rule 14,14A, 14B, 14C, 14D and 14E of the said rules, the following shall be substituted, namely:-

"14. Notification of General Election.- (1) The District Election Officer shall with the approval of the CEC notify in Form XI the intended election referred to in Section 39AA.

(2) The District Election Officer shall in such notification specify.

(i) the last date for making nominations which shall be the seventh clear day before the date of election.

(ii) the date for the scrutiny of nominations, which shall be the day immediately following the last date for making nominations.

(iii) the last date for the withdrawal of candidatures, which shall be the fifth clear day before the date of election.

(iv) the date on which the poll shall, if necessary, be taken and the hours during which the poll shall be taken; and

(v) the date before which the election shall be completed.

(3) (a) On the issue of the notification under sub-rule (1), the returning officer shall give a public notice of the intended election in Form XII by displaying it on the notice board in his office and in the office of the cooperative society and at such other places as he deems necessary, inviting nominations for such election.

(b) in the said notice, the returning officer shall specify among other things the last date for receipt of nominations, the place at which nominations are to be delivered, date of scrutiny of nominations, the last date for withdrawal of candidature, the date on which a poll shall, if necessary be taken and the hours of poll and the date before which elections shall be completed which shall conform to the dates notified in that behalf by the District Election Officer under sub-rule (2).

14A. Presentation of nomination paper.- (1) On or before the date appointed for making nominations, each candidate shall in person deliver to the returning officer at the place specified in this behalf, a nomination paper duly completed in Form-XIII and signed by the candidate and another member with right to vote as proposer. Such nomination shall also contain a declaration signed by the candidate expressing his willingness to stand as a candidate for election to the board of the society from a general constituency or a constituency reserved for SCs or STs or Women or Backward Classes.

Provided that no member/delegate shall be a candidate for more than one constituency and that no member/delegate shall propose more than one candidate from the same constituency.

Provided further that a nomination paper filed on behalf of a cooperative society shall be accompanied by a resolution of the board of that society and shall be signed by the candidate himself / herself.

(2) If a,-

(i) seat is reserved for the backward classes, scheduled castes, or scheduled tribes, a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular class, caste or tribe of which he is a member and the said class, caste or tribe is a backward class, scheduled caste, or scheduled tribe.

(ii) seat is reserved for women, the nomination paper shall contain a declaration that the candidate is a woman.

(3) Every such nomination paper shall be accompanied by a receipt of deposit either by way of cash or by way of pay order or demand draft drawn in favour of the cooperative society as specified below:-

(i) in respect of a primary or a secondary society- Rs.2,000/-

(ii) in respect of a federal or an apex society- Rs.5,000/-

Provided that if the candidate belongs to scheduled caste, scheduled tribes, backward classes and women group or constituency, the deposit to be paid by him shall be fifty percent of the amount specified above.

(4) On the presentation of a nomination paper, the returning officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the electoral roll.

(5) The returning officer shall on receiving the nomination paper, enter on the nomination paper its serial number, date and time of receipt and immediately give an acknowledgment for having received the same and shall also inform the candidate of the date, time and place fixed for scrutiny of nominations. The returning officer shall, at the close of the time fixed for the receipt of the nomination papers, prepare and display on the notice board of the society a list of nominations received by him and also on the notice board of his office if need be.

14B. Scrutiny of Nominations.- (1) On the date fixed for scrutiny of nominations, the candidates or their proposers, may be present at such time and place as the returning officer may appoint, and the returning officer shall give them all reasonable facilities to examine the nomination papers of all the candidates which have been delivered within theವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ೬೦೮೫ time and in the manner laid down in this rule for satisfying themselves about their correctness, eligibility and completeness.

(2) The returning officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary enquiry as he thinks necessary, reject any nomination on any of the following grounds, namely:-

(i) that the candidate either is not qualified or is disqualified for being elected as a director of the board / representative under the provisions of the Act, the rules and the bye-laws;

(ii) that the signature of the candidate or the proposer on the nomination paper is not genuine.

Provided that the nomination of a candidate shall not be rejected merely on the ground of an incorrect description of his name or of the name of his proposer or of any other particulars in regard to the candidate or his proposer as entered in the electoral roll (list of the members/representatives/delegates) if the identity of the candidate or proposer, as the case may be, is established.

Provided further that the returning officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character.

(iii) that the nomination paper has been delivered or received after the date and time fixed for the receipt of the nomination.

(3) The returning officer shall endorse on each nomination paper his decision accepting or rejecting the same and if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection.

(4) Immediately after all the nomination papers have been scrutinized and decision accepting or rejecting the same have been recorded, the returning officer shall prepare a list containing the names in the alphabetical order in Kannada and addresses as given in the nomination papers of validly nominated candidates in Form XIV that is to say candidates whose nominations have been found valid and affix it on the notice board of his office. A copy of the said list shall also be published on the notice board of the society on the same day.

14C. Withdrawal of Candidature.- (1) Any candidate may withdraw his candidature by a notice in writing in Form XV signed by him and delivered in person to the returning officer at any time after the presentation of the nomination paper but before 3.00 P.M. on the day following the day on which the nomination papers have been scrutinised.

(2) On receipt of such notice under sub-rule (1), the returning officer shall note thereon the date and time at which it was delivered.

(3) No candidate who has given notice of withdrawal of his candidature under sub-rule (1) shall be allowed to cancel the said notice. A notice of withdrawal of his candidature of a candidate, once given, shall be irrevocable and final.

14D. Preparation of the list of contesting candidates.- (1) Immediately after the expiry of the period within which the candidatures may be withdrawn, the returning officer shall prepare and publish in Kannada language a list of contesting candidates, that is to say candidates who are included in the list of validly nominated candidates and who have not withdrawn their candidature within the said period, in Form-XVI. A copy of the said list of the contesting candidates shall be published on the notice board of the society on the same day.

Provided that the Co-operative Election Commission may direct that in any election, the list of contesting candidates may be prepared in a language other than Kannada.

(2) The said list shall contain the names in the alphabetical order in Kannada and the addresses as given in the nomination papers of the contesting candidates.

(3) Where a poll becomes necessary, the returning officer shall consider the choice of symbols expressed by the contesting candidates in their nomination papers and shall allot the symbols in accordance with rule 14E.

(4) The allotment of any symbol to a candidate shall be final.

(5) Every candidate or his proposer shall forthwith be informed of the symbol allotted to the candidate and be supplied with a specimen thereof by the returning officer.

14E. Allotment of symbols.- (1) A candidate shall choose one of the free symbols other than those symbols which are allotted to recognized political parties in the State.

Explanation:- For the purpose of this sub-rule, a recognised political party means every political party recognised by the Election Commission of India as a National Party or as a State Party in the State of Karnataka under the Election Symbols (Reservation and Allotment) Order, 1968.

(2) Where a free symbol has been chosen by only one candidate, the returning officer shall allot that symbol to that candidate and to no one else.

(3) Where the same free symbol is chosen by more than one candidate, the returning officer shall decide by lot to which of those candidates that free symbol shall be allotted and shall allot it to the candidate, to whom the lot falls and to no one else.

(4) The returning officer shall then prepare and publish a list of validly contesting candidates with symbols containing the names arranged in alphabetical order in Kannada in Form No.XVI.

14F. Death of a candidate before the poll.- (1) If a candidate for election to the board from any area or constituency -

(i) dies at any time after 11 a.m. on the last date for making nomination and his nomination is found valid on scrutiny; or

(ii) whose nomination has been found valid on scrutiny and who has not withdrawn his candidature dies and in either case, a report of his death is received at any time before the publication of the list of contesting candidates; or

(iii) dies as a contesting candidate and a report of his death is received before the commencement of the poll, the Returning Officer shall, upon being satisfied about the fact of the death of the candidate and with the prior approval of the Co-operative Election Commission by order announce an adjournment of the poll to a date to be announced later and send a detailed report of the facts to the Co-operative Election Commission.

Provided that no order for adjourning a poll shall be made in a case referred to in clause (a) except after the scrutiny of all the nominations including the nomination of the deceased candidate.

(2) The Co-operative Election Commission shall, on receipt of a report from the Returning Officer under sub-rule (1), invite fresh nomination for the said poll from the said area or constituency within seven days of issue of such order:

Provided that no person who has given a notice of withdrawal of his candidature before the adjournment of the poll shall be ineligible for being nominated as a candidate for election after such adjournment.

(3) Where a list of contesting candidates had been published before the adjournment of the poll under sub-rule (1), the returning officer shall again prepare and publish a fresh list of validly contesting candidates from that constituency so as to include the name of the candidate who has been validly nominated.

14G. Procedure in contested and uncontested election.- (1) If the number of contesting candidates in any area or constituency is more than the number of seats to be filled from that area or constituency, a poll shall be taken.

(2) If the number of such candidates in any constituency is equal to the number of seats to be filled from that area or constituency, the returning officer shall forthwith declare all such candidates to be duly elected to fill these seats in Form XIX as may be appropriate.

(3) If the number of such candidates is less than the number of seats to be filled from that constituency or place, the returning officer shall declare all such candidates to be duly elected after withdrawal is over in Form XIX as may be appropriate and the District Election Officer shall, with the approval of the Co-operative Election Commission, call upon the society to elect a person or persons to fill the remaining seat or seats. After such election to fill the casual vacancy is over, the returning officer shall forthwith declare all such candidates duly elected to fill those casual vacancy seats in Form XX.

14H. Adjournment of poll in emergencies.-(1) If at an election, the proceedings at any polling station or at the place fixed for the poll are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station or such place on account of any natural calamity, or any other sufficient cause, the returning officer having jurisdiction over such polling station, or place, shall, with the prior approval of the Co-operative Election Commission, announce an adjournment of the poll from that polling station or place to a date to be announced later, and where the poll is so adjourned by a presiding officer, he shall forthwith inform the returning officer concerned.

Provided that a report or certificate shall be obtained from the police or Tahsildar to the effect that the poll has been interrupted or obstructed by risk or open violence.

(2) Whenever a poll is adjourned under sub-rule (1), the returning officer shall immediately report the circumstances to the CEC, and shall, as soon as may be, with the previous approval of the Co-operative Election Commission, appoint the day on which the poll from that polling station or place shall recommence, and fix the pollingವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ೬೦೮೭ station or place at which and the hours during which the poll from that polling station or place shall be taken. The returning officer shall not count the votes cast at such election to the board until such adjourned poll from that polling station or place shall have been completed.

(3) In every such case as aforesaid; the Returning Officer shall announce in such manner as the Co-operative Election Commission may direct the date, place and hours of polling fixed under sub-rule (2).

(4) If the poll at any polling station is adjourned under sub-rule (1), the Returning Officer shall provide the presiding officer of the polling station at which such adjourned poll is held, with the sealed pocket containing the marked copy of the electoral roll and a new ballot box.

(5) The provisions of rules 14 L to 14 O and 14 Q to 14 X shall apply in relation to the conduct of adjourned poll as they apply in relation to the poll before it was so adjourned.

14I. Fresh poll in the case of destruction, etc., of ballot boxes.-(1) If at any election,

(i) any ballot box used at a polling station or at a place fixed for the poll is unlawfully taken out of the custody of the Presiding Officer or the Returning Officer, or is accidentally or intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the poll at that polling station or place cannot be ascertained; or

(ii) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station or at a place fixed for the poll; the Returning Officer shall forthwith report the matter to the Co-operative Election Commission.

Provided that a report or certificate shall be obtained from the police or Tahsildar to the effect that the polling cannot be continued or counting of votes is rendered impossible.

(2) Thereupon the Co-operative Election Commission shall, after taking all material circumstances into account, either-

(i) declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the day so appointed and the hours so fixed on the notice board of the returning officer or the assistant returning officer if any, and on the notice board of the society, or

(ii) if satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election or that the error or irregularity in procedure is not material, issue such directions to the Returning Officer as it may deem proper for the further conduct and completion of the election.

(3) The provisions of these rules shall apply to every such fresh poll as they apply to the original poll.

14J. Adjournment of poll or countermanding of election on the ground of booth capturing.- (1) If at any election,-

(i) booth capturing has taken place at a polling station or at a place fixed for the poll (hereinafter in this clause referred to as a place) in such a manner that the result of the poll at that polling station or place cannot be ascertained; or

(ii) booth capturing takes place in any place for counting of votes in such a manner that the result of the counting at that place cannot be ascertained, the returning officer shall forthwith report the matter to the Co-operative Election Commission.

Provided that a report or certificate shall be obtained from the police or Tahsildar to the effect that the result of the poll cannot be ascertained due to booth capturing which has taken place at that polling station or place.

(2) The Co-operative Election Commission shall, on the receipt of a report from the returning officer under sub- rule (1) and after taking all material circumstances into account, either,-

(i) declare that the poll at that polling station or place be void, appoint a day, and fix the hours, for taking fresh poll at that polling station or place and notify the date so appointed and hours so fixed on the notice board of the returning officer or the assistant returning officer if any, and on the notice board of the society, or

(ii) if satisfied that in view of the large number of polling stations or places involved in booth capturing, the result of the election is likely to be affected, or that booth capturing had affected counting of votes in such a manner as to affect the result of the election, countermand the election.

Explanation In this rule, the term "booth capturing" includes, among other things, all or any of the following activities, namely:-

(a) seizure of a polling station or a place fixed for the poll by any person or persons, making polling authorities surrender the ballot papers and doing of any other act which affects the orderly conduct of elections;

(b) taking possession of a polling station or a place fixed for the poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and prevent others from free exercise of their right to vote;

(c) Coercing or intimidating or threatening directly or indirectly any member by any person or persons and preventing him from going to the polling station or a place fixed for the poll to cast his vote;

(d) seizure of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly counting of votes;

14K. Manner of voting.- At every election where a poll is taken, votes shall be given by ballot and all the members or representatives or delegates voting at an election shall do so in person at the polling station and no votes shall be received by proxy.

14L. Ballot paper and ballot box.- (1) Every ballot paper shall have a counterfoil in Form XVII.

(2) Serial number of the ballot paper and its counterfoil shall be printed on the left hand side on the back of the ballot paper.

(3) If two or more candidates bear the same name, they shall be distinguished by the addition of their residence or occupation or in some other manner.

(4) The ballot paper shall contain the names of the contesting candidates arranged in alphabetical order in Kannada typewritten, cyclostyled or printed, according to convenience. The ballot paper shall also bear the seal of the returning officer or presiding officer with his initials on its reverse. Further, the ballot paper shall contain a column for the voter to inscribe mark "x" against the name or names of the candidates to whom he wants to vote.

(5) For the purpose of printing of ballot papers, the returning officer/ Assistant returning officer shall choose any capable press.

(6) The returning officer/assistant returning officer shall arrange the ballot box/ boxes locally. The ballot box shall be made of tin or any other metal.

14M. Arrangement at polling stations.- (1) Outside each polling station there shall be displayed prominently.

(a) a notice specifying the polling area and the particulars of the voters (members / representatives / delegates) entitled to vote at the polling station ; and

(b) a copy of the list of contesting candidates.

(2) At each polling station, there shall be set up one or more voting compartments in which the voters can record their votes screened from observation.

(3) The returning officer shall provide at each polling station a sufficient number of ballot boxes, copies of the electoral roll, ballot papers, instruments for stamping the distinguishing mark on the ballot papers and articles necessary for the voters to mark the ballot papers, and such other materials as are necessary for the conduct of the poll.

(4) Canvassing or soliciting of votes during the conduct of election shall be strictly prohibited within one hundred meters from the polling station or the place of polling.

14N. Admission to the polling stations.- The presiding officer shall regulate the number of voters to be admitted at any one time inside the polling station and shall exclude there from all persons other than-

(a) polling officers;

(b) public servants on duty in connection with the election;

(c) persons authorized by the District Election Officer and the Co-operative Election Commission;

(d) candidates or their authorized agents;

(e) a child in arms accompanying a member;

(f) a person accompanying a blind or infirm voter who cannot move without help;

(g) such other persons as the returning officer or the presiding officer may employ for the purpose of election.

14O. Identification of voters.- (1) A register shall be kept at the place of election and every voter shall before affixing his signature in the register kept for the purpose produce identity card issued under Rule 13 and then sign in the register and proceed to secure the identification slip.

(2) As each voter enters the polling station, the presiding officer or the polling officer authorized by him in this behalf shall check the voter's name and other particulars with the relevant entry in the electoral roll and then call out the serial number, name and other particulars of the elector.

(3) In deciding the right of a person to obtain a ballot paper, the presiding officer or the polling officer, as the case may be, shall overlook merely clerical or typing or printing errors in an entry in the electoral roll if he is satisfied that such person is identical with the voter whom such entry relates.

14P. Preparation of ballot boxes for poll.- (1) Immediately before the commencement of the poll, the presiding officer shall demonstrate to the candidates that the ballot box is empty and bears the labels.

(2) The ballot box shall then be closed, sealed and secured and placed in full view of the presiding officer and the candidates.

(3) Where a seal is used for securing a ballot box, the presiding officer shall affix his own signature on the seal and obtain thereon the signatures of such of the candidates present as are desirous of affixing the same.

(4) Every ballot box used at a polling station shall bear labels, both inside and outside, marked with, (a) The serial number, if any, and the name of the constituency/class.

(b) the serial number and name of the polling station;

(c) the serial number of the ballot box (to be filled in at the end of the poll on the label outside the ballot box only); and

(d) the date of poll.

14Q. Issue of ballot papers to the voters.- (1) Every ballot paper before it is issued to a voter, and the counterfoil attached thereto shall be stamped on the back with such distinguishing marks as the voter may direct, and every ballot paper, before it is issued shall be signed in full on its back by the presiding officer.

(2) At the time of issuing a ballot paper to a voter, the polling officer shall,

(a) record on its counterfoil the electoral roll number of the voter and obtain his signature or thumb impression on the said counterfoil;

(b) mark the name of the voter in the electoral roll to indicate that a ballot paper has been issued to him, without, however, recording therein the serial number of the ballot paper issued to that voter.

Provided that no ballot paper shall be delivered to a voter unless he has put his signature or thumb impression on the counterfoil of that ballot paper.

Provided further that all the voters who have obtained identification slips by producing the identity card before the time fixed for closing the poll and who are present at the polling station shall be issued a ballot paper and allowed to vote.

14R. Maintenance of Secrecy of voting within the polling station and voting procedure.- Every elector, to whom a ballot paper has been issued, shall maintain secrecy of voting within the polling station and for the purpose observe the voting procedure laid down by Co-operative Election Commission.

14S. Recording of votes of blind or infirm voters.- (1) If the presiding officer is satisfied that owing to blindness or other physical infirmity, a voter is unable to recognize the symbols on the ballot paper or to make a mark thereon without assistance, the presiding officer shall permit such member to take with him a companion of not less than eighteen years of age to the voting compartment for recording the vote on the ballot paper on his behalf and in accordance with his wishes, and, if necessary, for folding the ballot paper so as to conceal the vote and inserting it into the ballot box;

Provided that no person shall be permitted to act as the companion of more than one voter at any polling station on the same day;

Provided further that before any person is permitted to act as the companion of a voter on any day under this rule, the person shall be required to declare that he will keep secret, the vote recorded by him on behalf of the voter and that he has not already acted as the companion of any other voter at any polling station on that day.

(2) The presiding officer shall keep a record in this respect as provided below,-

Statement of Illiterate, Blind and Infirm Voters

Signature of the P.O.

14T. Closing of poll.- After the polling is over,

(i) the presiding officer shall close the polling station at the hour fixed in that behalf and shall not thereafter admit any member into the polling station.

Provided that all the members present at the polling station before it is closed shall be allowed to cast their votes.

(ii) If any question arises whether a member was present at the polling station before it was closed, it shall be decided by the presiding officer and his decision shall be final.

14U. Sealing of ballot boxes after the poll.-(1) As soon as practicable after the closing of the poll, the presiding officer shall close the slit of the ballot box, seal up the slit and thereafter the ballot box shall be sealed and secured.

(2) Where it becomes necessary to use a second box by reason of the first ballot box getting full, the first ballot box shall be closed, sealed and secured before any other ballot box is put into use.

14V. Account of ballot papers.- (1) The presiding officer shall, at the close of the poll, prepare a ballot paper account in Form XVIII and enclose it in a separate cover with the words "Ballot Paper Account" superscribed thereon.

14W. Sealing of other packets.- (1) The presiding officer shall then make into separate packet-

(a) the marked copy of the electoral roll;

(b) the counterfoils of the used ballot papers;

(c) the ballot paper signed in full by the presiding officer but not issued to the members;

(d) any other ballot papers not issued to the voters;

(e) the ballot papers cancelled for violation of voting procedure;

(f) any other cancelled ballot papers;

(g) any other papers directed by the CEC to be kept in a sealed packet.

(2) Each such packet shall be sealed with the seal of the presiding officer and with seal either of the candidate or of his authorized agent who may be present at the polling station and may desire to affix his seal thereon.

14X. counting of votes.-(1) After the polling is over, the presiding officer/polling officer shall close the poll and deliver the sealed ballot box to the returning officer who shall arrange for counting of votes immediately. Votes shall be counted by or under the supervision of the returning officer or the assistant returning officer. Each candidate or his authorised agent shall have a right to be present at the time of counting. But the absence of any candidate or his agent at the time of counting shall not vitiate counting or announcement of results by the returning officer. The CEC has to issue guidelines in this regard.

(2) After the counting of all ballot papers contained in all the ballot boxes used in an co-operative society has been completed, the returning officer shall make the entries in a result sheet in Form-XXI and announce the particulars.

14Y. Declaration of result of election and returns to CEC.-(1) After the counting is over-

(i) the candidate who has secured the largest number of valid votes shall be declared as elected.

(ii) If equality is found to exist between the candidates to be declared elected, the Returning Officer shall forthwith decide between these candidates, by drawing lots and the candidate in whose favour the lot falls shall be considered to have received an additional vote.

(2) After the completion of the counting of votes, the Returning Officer shall declare the result of the elections immediately and publish the list of elected candidates on the notice board of his office and also on the notice board of the society and deliver a copy of it to the Chief Executive of the society on the same day in Form XXII. He shall immediately thereafter record the proceedings of the election in a comprehensive report which shall form part of the election records and shall be binding on all. The returning officer shall immediately also furnish a copy of such a report together with a copy of the return of the results of polling to the chief executive of the society and send signed copies thereof to the District Election Officer and the CEC.

14Z. Grant of certificate of election to the elected candidate.-As soon as may be after a candidate has been declared to be elected by the returning officer, the returning officer shall grant to such candidate a certificate of election in Form XXIII and obtain from the candidate an acknowledgement of its receipt duly signed by him and immediately send the acknowledgement to the District Election Officer.

14AA. Election expenses.- All expenditures like stationary, printing, postage, xeroxing, fax, rent for the ballot boxes, indelible ink, police security and such other items of expenditure related to the election of representatives or directors of a cooperative society shall be borne by the society. Expenditure towards preparation of electoral roll, the travelling and other allowances and also remuneration payable to the returning officer, assistant returning officer, presiding officer and other polling personnel shall also be borne by the society itself at such rates as may be fixed by the CEC from time to time.

14AB. Custody of ballot boxes and papers relating to election.- (1) All ballot boxes used at an election shall be kept in such custody as the CEC may direct.

(2) The returning officer shall keep in safe custody.

(a) the packets of unused ballot papers with counterfoils attached thereto;

(b) the packets of unused ballot papers whether valid or rejected,

(c) packets of counterfoils of used ballot papers;

(d) the packets of the marked copy of the electoral roll; and

(e) the packets of the declaration by voters and the attestation of their signatures, and

(f) all other papers relating to election.

14AC. Production and inspection of election papers.- (1) While in the custody of the returning officer,- (a) the packets of unused ballot papers with counterfoil attached thereto;

(b) the packets of used ballot papers whether valid or rejected;

(c) packets of counterfoils of used ballot papers;

(d) the packets of the marked copy of the electoral roll and

(e) the packets of the declaration by voters and the attestation of their signatures.

shall not be opened and their contents shall not be inspected by or produced before, any person or authority except under the orders of a competent court.

(2) Subject to such conditions and to the payment of such fee as the CEC may direct.

(a) all other papers relating to the election shall be open to public inspection; and

(b) copies thereof shall on application be furnished.

(3) Copies of the returns forwarded by the returning officer shall be furnished by him on payment of a fee of two rupees for each such copy.

14AD. Disposal of election papers.- Subject to any directions to the contrary given by the CEC or by a competent Court,-

(a) the packets of unused ballot papers shall be retained for a period of six months and shall thereafter be destroyed in such manner as the CEC may direct

(b) the other packets, shall be retained for a period of one year and shall thereafter be destroyed.

Provided that packets containing the counterfoils of used ballot papers shall not be destroyed except with the previous approval of the CEC.

(c) all other papers relating to the election shall be retained for such period as the CEC may direct.

14AE. Return or forfeiture of candidate's deposit.- (1) The deposit made under rule 14A shall either be returned to the person making it or his legal representative or be forfeited to the cooperative society;

(2) Except in cases mentioned in this rule, the deposit shall be returned as soon as practicable after the result of the election is declared.

(3) If the candidate is not shown in the list of contesting candidates or if he dies before the commencement of this poll, the deposit shall be returned as soon as practicable after the publication of the list or after the death, as the case may be.

(4) Subject to the provisions of sub-rule (3), the deposit shall be forfeited if at an election where a poll has been taken the candidate is not elected and the number of valid votes polled by him does not exceed one-sixth of the total number of valid votes polled by all the candidates divided by the number of members to be elected.

Provided that in the case of a candidate belonging to backward classes, scheduled castes, the scheduled tribes or women, the deposit shall not be forfeited unless the number of valid votes polled by him/ her is less than one tenth of the total number of valid votes polled.

14AF. Report of casual vacancy in a cooperative society.- When a casual vacancy occurs in the office of a representative or director the chief executive of the cooperative society shall give notice of such vacancy within seven days from the date of its occurrence, to the CEC. The CEC shall conduct elections within sixty days from the date it being notified about the occurrence of any casual vacancy in the office of a director or representative of a cooperative society to fill up such casual vacancy in the manner provided in these rules.

14AG. Election of the office-bearers –(1) The Returning Officer appointed for the conduct of general election of directors to the board shall be the Returning Officer for the conduct of election of the office bearers also.

(2) Whenever a casual vacancy occurs in the office of the President or Vice-President or any other office-bearer, the Chief Executive shall send a communication to the CEC conveying the occurrence of such vacancy within seven days from the date of occurrence of the vacancy. The CEC shall take steps for conducting election to fill up the casual vacancy in the office of the President or Vice President or any other office-bearer as the case may be, and appoint a returning officer for the purpose of the conducting election to fillup casual vacancy.

(3) The Returning officer, appointed under sub-rule (1) or sub-rule (2), shall within fifteen days, from the date of constitution or deemed constitution of the board after a general election of the board or from the date of appointment as per sub-rule(2) convene a meeting of all the directors who are eligible to vote for electing the chairperson/President, Vice Chairperson /Vice-President and such other office-bearers as are required to be elected under the bye-laws of the co- operative society. The meeting shall be convened by giving a notice of seven clear days sent by registered post, indicating the date, time and venue of meeting.

(4) Not less than two hours before the time fixed for the meeting for the election of President or Vice-President or any other office-bearers, any member of the board who is eligible and desirous of being elected as the president or vice president or any other office-bearer, as the case may be, may submit his nomination by delivering the nomination paper in Form XXIV to the Returning Officer. Such nomination shall be proposed by another member of the board eligible to do so and seconded by a third member of the board eligible to do so.

(5) No director shall propose or second under sub-rule (4) more than one candidate for the office of the President or vice-President or any other office bearer of the society.

Provided that if any director has proposed or seconded more than one candidate for the office of the President or Vice-President or any other office-bearer of the society, the nomination which is received first shall be considered for scrutiny.

(6) The Returning Officer appointed under sub-rule (1) shall preside over the meeting of the board convened for the purpose of electing the office bearers or filling up the casual vacancy in the office of the President or Vice President or any other office-bearer as the case may be.

(7) After the commencement of the meeting, the Returning Officer shall scrutinize all such nomination papers and shall read out to the directors present at such meeting, the names of the directors who in his opinion have been duly nominated, together with those of the proposers and the seconders.

(8) Any candidate may withdraw his candidature by notice in writing duly signed by him and delivered to the Returning Officer within thirty minutes after the scrutiny of the nomination papers.

(9) The notice of withdrawal shall be given in writing by the candidate in person.

(10) No director who has given a notice of withdrawal of his candidature under sub-rule (8) shall be allowed to cancel the notice of withdrawal.

(11) The Returning Officer shall, on being satisfied as to the genuineness of the notice of withdrawal and the identity of the director delivering it under sub-rule (9) read out to the directors present at such meeting the name/names of the person/ persons withdrawing his/their candidature.

(12) After the time fixed for withdrawal is over, if for any office for which election is to be held, the number of candidates who have been validily nominated and have not withdrawn their candidature in the manner and within the time specified, does not exceed the number of candidates to be elected for that office, the Returning Officer shall forthwith make a declaration that the validly nominated candidate shall be deemed to have been elected for that office.

(13) If the number of validly nominated candidates for any office exceeds the number of candidates to be elected for that office, the Returning Officer shall proceed to take a poll by secret ballot as hereinafter provided.

(14) The votes shall be taken by secret ballot and the directors voting for and against any candidate shall record their votes in the ballot papers supplied to them.

(15) Any director present at the meeting may refrain from voting if he so chooses to do.

(16) After the voting by all the directors present and wishing to vote is over, the Returning Officer shall count the votes and declare the candidates who have secured the highest number of valid votes to have been duly elected.

(17) When an equality of valid votes is found to exist between any two or more candidates and the addition of one vote will entitle any of those candidates to be declared elected, the Returning Officer shall forthwith decide between those candidates by lot in such manner as he may determine and proceed as if the candidate on whom the lot falls has received an additional vote. He shall thereafter declare the candidate on whom the lot falls to have been duly elected.

(18) The Returning Officer shall cause a record of the minutes of the meeting which shall contain the names of all the members present. The minutes shall be signed by the Returning Officer, the chief executive as also the directors present and wishing to sign. The minutes shall be made available to any member for inspection.

(19) The Returning Officer shall immediately thereafter record the proceedings of the election in a comprehensive report which shall form part of the records of the election and shall be binding on all. The Returning Officer shall also furnish a copy of such a report together with a copy of the return of the results of the polling to the chief executive of the society and send a report to the District Election Officer and CEC.

(20) After declaration of the result of election, the Returning Officer shall hand over the ballot papers and records relating to the election of the office-bearers to the chief executive of the society in a sealed cover. These shall safely be preserved by the chief executive of the society for a period of six months from the date of election or till such time a dispute or an appeal regarding the election, if any, filed is disposed of whichever is later and shall thereafter be destroyed.

14AH. Elections to the first board after registration.–The provisions of Rules 13 B to 13 G and 14 to 14 AG shall, mutatis mutandis, apply to the election of the first board after registration of a society.

Provided that no list of defaulters as contemplated under sub-rules (3) and (5) of rule 13D is required to be published".

14AI. Election of the office-bearers in the first board.–The provisions of Rule 14AG shall mutatis mutandis apply to the election of the office bearers of the first board of the society after registration.

14AJ. General meetings:- (1) The board of a co-operative society may, at any time, call a general meeting of its general body.

Provided that one such meeting known as annual general meeting shall be held within the twenty fifth day of September every year to transact the business stated in Section 27.

(2) The chief executive, after the board decides the date and time of the general meeting to be convened, shall convene the annual general meeting by giving a notice of at least fifteen clear days as specified in the bye-laws. However in the case of exigency, a special general meeting may be convened by giving a notice of atleast ten clear days in writing. The notice may be sent in the following modes, namely:

(a) by ordinary post; or

(b) by e-mail; or

(c) by local delivery under proper acknowledgement; and

(d) by publication in the newspaper having wide circulation in the area of operation.

(3) When a special general meeting is called by the Registrar or any person authorised by him under sub-section (3) of Section 27 or a special general meeting under sub-section (2) of Section 28, he may determine-

(i) the period of notice of such meeting which shall not be less than ten clear days, as the case may be;

(ii) the time and place of such meeting; and

(iii) the subjects to be considered in such meeting.

The Registrar or any person authorized by him may preside over such meeting.

(4) The meeting notice shall clearly state the place, date, time and agenda of the meeting. The Chief Executive shall send brief notes on each of the subjects in the agenda including a copy of the audited balance-sheet, profit and loss account, together with a brief summary of the important observations made in the auditor's report relating to the preceding year, a brief report on the follow up action taken by the board on the audit report for the preceding year and the proposal to amend the bye-laws, if any, with the text of the proposed amendment along with the notice of the meeting.

However the chief executive should also make available at the office the detailed notes on all the subjects in the agenda and complete auditor's report relating to the preceding year, to the members who are desirous of such information.

(5) The quorum for the general meeting shall be the attendance of twenty percent of the total number of members with right to vote of the general body of the co-operative society. No business shall be transacted at any general meeting unless there is a quorum at the time when the business of the meeting is due to commence.

(6) If there is no quorum within an hour from the time fixed for the meeting, such meeting shall be adjourned.

Provided that a meeting which has been convened on the requisition of the members shall not be adjourned but dissolved.

(7) If at any time during the meeting when any business is being transacted sufficient number of members are not present to form the quorum, such business shall not be transacted and the chairperson or the member presiding over the meeting, on his own or on his attention being drawn to this fact, shall adjourn the meeting and the business that remains to be transacted at this meeting, if any, shall be disposed of in the usual manner at the adjourned meeting.

(8) When the meeting is adjourned under either sub-rule (6) or sub-rule (7), the adjourned meeting shall be held on that day itself or at such place and on such date and time as may be fixed by the chairperson of the meeting within seven days from the date of adjournment. In such an adjourned meeting, no subject other than those listed in the agenda of the meeting adjourned shall be discussed and the decisions taken. Even for the adjourned meeting, there shall be the required quorum for consideration of the subjects.

(9) The business which could not be considered at the meeting so adjourned for want of quorum shall be brought before and disposed of at a meeting so fixed or at any subsequent meeting at which there is a quorum.

(10) All decisions shall be taken by a simple majority of the members present in the general meeting unless stated otherwise in the Act, the rules or the bye-laws. When there is an equality of votes for or against a decision on any subject other than election, the chairperson of the meeting shall have a second or casting vote.

(11) If for any reason, the president or the chairperson is unable to attend the meeting of the general body, the vice-president or the vice-chairperson, or in his absence, any other member of the board elected by the directors present at the meeting from among themselves shall preside over the said meeting.

(12) The chief executive shall record the minutes of the proceedings of the meeting truly and accurately as per the deliberations in the meeting in the book kept for the purpose with its pages consecutively numbered. When any member expresses dissent in the deliberations on any subject, the Chief Executive shall record the same truly and accurately. The minutes of the meeting shall contain a fair and correct summary of the deliberations thereat.

(13) The proceedings of each meeting so recorded by the chief executive shall be signed by him and the chairperson of the meeting.

(14) The chief executive shall send a certified copy of the minutes of the meeting to the Registrar and the financing bank within thirty days from the date of such meeting and publish a certified copy on the notice board of the co- operative society.

(15) The books containing the minutes of the proceedings of any meeting shall-

(a) be kept at the registered office of the co-operative society; and

(b) be open during business hours, to the inspection of any member of the co-operative society and a copy be made available to any member of the society who makes an application for such a copy.

14AK. Board Meetings.- (1) The board may meet as and when required for transacting the business stated in Section 28C of the Act or the rules or the byelaws.

Provided that the interval between two consecutive meetings of the board shall not exceed three months.

(2) The chief executive shall convene a meeting of the board, in consultation with the chairperson or president of the co-operative society, by giving a notice of at least seven clear days as specified in the bye-laws. In exigencies, a meeting of a board may be convened by giving a notice of at least of three clear days. The notice may be sent in the following modes, namely:

(a) by speed post; or

(b) by courier; or

(c) by local delivery under proper receipt

(3) The notice shall state clearly the place, date, time and agenda of the meeting. The Chief Executive shall send detailed notes containing the pros and cons, the provisions of law if any and the financial implications on each subject on the agenda along with such notice.

(4) The number next to fifty per cent of the strength of the board as specified in the bye-laws shall form the quorum for a meeting of the board. If there is no quorum at the time of transacting any business in any meeting of the board, no such business shall be transacted.

(5) The provisions of sub-rules (6) to (10) and (12) to (15) of rule 14AJ shall, mutatis mutandis apply to the board meetings.

(6) Normally no subject other than those listed in the agenda shall be taken up for discussion. However, if there is no sufficient time to wait for the decision on any subject in the next meeting of the board, such subject may be taken up for discussion and decision as an additional subject with the permission of the Chairperson of the meeting after giving necessary notes on such subject to all the directors and after discussion and decision on all the subjects listed on the agenda;

Provided that no subject relating to the following matters shall be taken up for discussion and decision as additional subject, namely-

a) election of directors;

b) election of office-bearers;

c) filling up the post of a director by co-option;

d) filling up the post of a casual vacancy of a director by co-option;

e) imposition of penalties against the employees; and

f) any subject involving financial implication;

Further provided that no additional subject is placed without relevant additional agenda notes.

(7) The board shall not take any decision which is contrary to the provisions of the Act, the Rules or the bye-laws or detrimental to the interest of the co-operative society. The directors shall be jointly and severally liable for any decision taken contrary to the provisions of the Act, the Rules or the bye-laws or any decision detrimental to the interest of the co- operative society

(8) The chief executive shall record the minutes of the proceedings of the meeting truly and accurately as per the deliberations in the meeting in the book kept for the purpose with its pages consecutively numbered. When any member expresses dissent in the deliberations on any subject, the Chief Executive shall record the same truly and accurately. The minutes of the meeting shall contain a fair and correct summary of the deliberations thereat.

(9) The proceedings of each meeting so recorded by the chief executive shall be signed by him and the chairperson of the meeting. The minutes of the meeting so recorded and singed shall be sent to all the directors within seven days from the date of the meeting.

(10) If any director has any objection relating to recording of any decision on a subject on the ground that the said decision has not been recorded as per the decision taken in the meeting or the said subject was not discussed in the meeting, he shall communicate his opinion within three days from the date of receipt of the minutes of the meetings. In the event of a majority of the directors communicating such objection on any decision, the Chief Executive shall not implement such decision but shall place the same in the next meeting of the board.

(11) If for any reason, the president or the chairperson is unable to attend the meeting of the board, the vice- president or the vice-chairperson, or in his absence, any other member of the board elected by the directors present at the meeting from among themselves shall preside over the said meeting.

(12) Where in any meeting of the general body or board of a co-operative society, another co-operative society is to be represented, such co-operative society shall be represented in such meeting only through chairperson or president or a member of the board duly authorized by the board of such co-operative, as the case may be and where there is no board of such co-operative society, for whatever reasons, through the administrator or the special officer of such co-operative society.

14AL. Reservation in favour of S.C. / S.T.s, Women and Backward Classes on the board.- Where the board of a cooperative society is elected on area/ constituency basis, the constituencies where reservation of seats shall be provided for in favour of S.C. / S.T.s, Women and Backward Classes on the board shall be decided in the Annual General Meeting preceding the date of the general election of the board and shall be subject to such guidelines as may be issued by the CEC in this behalf. It shall be ensured that the reservation of seats shall be so rotated that all the constituencies are covered under reservation in a phased manner.

Provided that if in a constituency reserved for SC, ST, Women or Backward Classes a member belonging to that caste or class or category residing within that constituency is not available, a member from any other constituency but within the area of operation of the society may contest from that reserve constituency.

14AM. Powers and Functions of the chief executive.- In addition to the powers stated in sub-sections (4) and (5) of Section 29G, the chief executive shall have the following powers and duties-

(1) furnish to the board periodical information necessary for apprising the operations and functioning of the society.

(2) present the draft annual report and financial statements for approval of the board within thirty days of the closure of the cooperative year.

(3) be responsible for the general conduct, supervision, control and management of the day to day business and affairs of the society;

(4) be responsible for the general supervision and control over the employees of the society including the power to sanction leave, to impose any punishment or suspend them;

Provided that, where the power of keeping the employee under suspension pending enquiry or imposing any punishment is not conferred expressly on him under the bye-laws or the service regulations of the society, such suspension or punishment shall be imposed with the approval of the board''

(5) arrange for proper maintenance and custody of cash balance, stock and other properties of the society;

(6) pay all costs of management and working expenses out of the funds of the society; '

(7) issue notices for meetings of the general body, board and sub- committees if any, along with the agenda and the notes on each subject in the agenda;

(8) remain present in all meetings of the general body, the board and sub committees, if any, and produce all the papers and information required at such meetings and sign, along with the chairperson, the minutes of such meetings;

(9) present the annual financial statements for the previous year along with schedules, returns and other statements for audit with the approval of the board before the auditor or auditing firm within thirty days of the closure of the cooperative year.

(10) place before the board the reports of audit under section 63, inquiry under section 64 and inspection under section 65 along with actions that may be taken to rectify the defects or remedy the irregularities noted in the said reports;

(11) send the reports of compliance on the rectification of the defects and remedying of the irregularities noted in the said reports after approval by the board and continue to send such rectification reports to the Director of cooperative audit or the Registrar, as the case may be, periodically till all such defects are rectified and such irregularities are remedied,

(12) institute, defend, conduct, compound or abandon any suit or other legal proceedings by or against the society and enter into compromise or arbitration with the creditors and debtors of the society with the approval of the board.

(13) if any director of the cooperative society is not eligible to continue in his post, under the Act, rules and bye-laws it has to be reported to the jurisdictional Registrar within thirty days.

(14) submit such information, reports and returns concerning the affairs of the society as may be required by the Registrar from time to time:

(15) In respect of an apex society, the chief executive

(h) shall have power to transfer the employees in consultation with the chairperson;

(i) (ii) may place an employee under suspension, where a disciplinary enquiry into the charges against him is contemplated or pending;

(16) When the post of the Chief Executive is vacant or during his absence on leave, the current routine powers and duties of the chief executive shall, be performed by the officer next below him".

13. Substitution of Rule 15 – For rule 15 of the said rules the following shall be substituted, namely:-

"15. Remuneration payable to the special officer- Any officer or employee of the Government or a Cooperative organization may be appointed as special officer of a cooperative society of the Act-

(i) if he is appointed on full time basis, his pay and other allowances shall be borne by the cooperative society. The service rules applicable to him in the department or organization shall continue to govern his service as special officer of the society;

(ii) if he is appointed as special officer in addition to his regular post, he shall be paid remuneration at the rate of ten percent of his basic pay out of the funds of the cooperative society. The service rules applicable to him in the department or organization shall continue to govern his service as special officer of the society."

14. Amendment of Rule 17 .– In rule 17 of the said rules, after sub-rule (2), the following shall be inserted, namely:-

"Provided that in sub rule (2) the person to be appointed as Chief Executive of a District Central Co-operative Bank or the State Co-operative Bank shall satisfy the qualification and experience as prescribed by the National Bank for Agriculture and Rural Development or Reserve Bank of India".

15. Substitution of rule 18.- For rule 18 of the said rules, the following shall be substituted, namely:-

"18. Conditions of service of the employees of the cooperative societies.- Every cooperative society shall lay down in its bye-law, conditions of service of its employees. If it is not already laid down, it can be incorporated within three months from the date of commencement of these rules".

16. Substitution of rule 20.- For rule 20 of the said rules, the following shall be substituted, namely:-

"20. Cooperative Education and Training.- (1) Every cooperative society shall remit its contribution towards cooperative education fund to the account of the Karnataka State Cooperative Federation Limited, Bangalore within thirty days from the date of its annual general meeting.

(2) The cooperative education fund shall be maintained and administered by the Karnataka State Cooperative Federation Limited and shall be utilized on the advice of an advisory committee consisting of the following members, namely:-

(a) President, Chairperson of the State Cooperative Federation Chairperson

Member (b) Four apex societies' president/ chairpersons i.e. Karnataka State Cooperative

Apex Bank Ltd., Karnataka Cooperative Milk Federation Ltd., Karnataka State

Cooperative Urban Banks Federation Ltd., and Karnataka State Credit

Cooperative Societies Federation Ltd., are the members.

(c) The Director, Regional Institute of Cooperative Management, Bangalore. Member (d) The Registrar of Cooperative Societies or his nominee Member (e) The chief executive officer of the State cooperative federation. Member Secretary (3) The quorum for a meeting of the advisory committee shall be five. The advisory committee shall be convened at least once in three months.

(4) The Karnataka State Cooperative Federation shall maintain this fund in a separate account and all income by way of interest or otherwise accruing from the contribution towards this fund shall be credited to this fund.

(5) No expenditure out of the cooperative education fund shall be incurred without the approval of this advisory committee. The auditor of the State Cooperative Federation shall verify the utilization of the fund and certify the same.

(6) Subject to such directions as the advisory committee may give from time to time, the fund may be utilized for any of the following purposes connected with the cooperative education, training and human resource development of the cooperative societies, namely:-

(a) education of the members, directors including office-bearers and employees of the cooperative societies and the general public in the principles and practice of co-operation;

(b) human resource development in the cooperative societies;

(c) development of cooperative societies;

(d) capacity building and business management;

(e) professionalization;

(f) technical upgradation;

(g) education, training, research, man power and related infrastructure;

(h) research and development;

(i) development of the cooperative movement in general;

(j) cooperative propaganda and publicity;

(k) publication of the books and journals relating to the cooperative movement;

(l) conduct of research, case studies and education in the field of cooperative movement;

(m) award of prize, or honorarium for rendering meritorious service to the cause of the cooperative movement of the State.

(7) The State Cooperative Federation shall prepare annual budgets and formulate training and education programmes for the development of cooperatives and cooperative movement particularly in matters such as financial and business management in the cooperative societies, member education, awareness building on cooperative principles and values etc., according to the overall guidelines issued by the advisory committee and be responsible for implementation of the same.

(8) The State Cooperative Federation and the District Cooperative Unions shall submit returns to the Registrar once in a year showing the details of the training programmes conducted.

(9) The board of every cooperative society shall also include in its annual budget provision for expenses on member and potential member education and training of its directors and employees. It shall ensure that the members, directors and employees are well informed and trained about the theory, principles and practice of cooperation. It shall also aim at ensuring that the transparency, the levels of awareness, member participation and member control expected of any good cooperative society are reached out to the members, the directors and the employees of the cooperative society."

17. Amendment of rule 29.- Accounts and other books to be maintained by societies.− (1) A cooperative society shall maintain books of accounts and registers having regard to its objects and showing a true and accurate picture/status of all the transactions relating to its affairs particularly with reference to all receipts and payments; all income and expenditure; administration and management; business operations; every contact made with members and those having business relationship with the society; conduct of general meetings/ board meetings/sub-committee meetings and such other meetings; transaction with members and non-members; loans and advances to the members and recovery of such loans; its assets and liabilities; all purchases and sales of goods; production, processing and manufacturing; utilization of materials or labour; recruitment and promotion of employees and disciplinary action against them; raising resources and utilization of the funds; investment of funds; bank accounts; accounts and audit; distribution of profit etc., It shall maintain the original registration certificate; its byelaws with the registered amendments; the service rules with upto date amendments; its business rules / subsidiary regulations with upto date amendments; the Cooperative Societies Act and rules with upto date amendments; other law books applicable to its business and administration; etc., It shall also keep such account books and registers in connection with the business of the society as the Registrar of Cooperative Societies may from time to time, require.

Explaination:- For the purpose of this rule "Annual audit" means the audit of accounts of a cooperative society for the cooperative year to be conducted after the close of that co-operative year under Section 63. It culminates in theವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ೬೦೯೯ submission of audited financial statements along with the accompanying audit report after verification of the financial statements and the records and documents of the cooperative society.

(2) The audit under sub-section (1) of Section 63 shall include, in addition to the matters specified in sub- sections (2) and sub-sections (14) to (18) of the said section, the following particulars.-

(a) examination of the programmes and activities and taken by the society with reference to the objectives mentioned in the bye-laws.

(b) verification of receipts and payments / income and expenditure with reference to original receipts and vouchers about their genuinty and propriety.

(c) verification of the balances at the credit of the depositors and creditors and of the amounts due by the society's debtors, of such proportion thereof as may be fixed by the Registrar of Cooperative Societies or the Reserve Bank of India or NABARD as the case may be;

(d) examination of the transactions of the members of its board.

(e) examination of the recruitment and promotion of the employees including their service conditions and disciplinary actions against them.

(f) examination of the services provided to the members and the extent of utilization of the said services by the members / directors.

(g) maintenance of accounts-adequacy and updating-computerization of the transactions of the society.

(h) compliance with the transparency and other related laws to the extent applicable to the cooperative societies in the various transactions and operations of the society.

(i) examination of the statement of accounts of the society to be prepared by the board in such form as may be stipulated by the Registrar of Cooperative Societies or the Reserve Bank of India or the NABARD as the case may be

(j) certification of the profits actually realized or loss actually incurred;

(k) whether, in the case of a cooperative bank, the guidelines, etc., issued by the Reserve Bank of India and NABARD have been adhered to.

(l) any other matter that may be specified by the Registrar of Cooperative Societies or the Reserve Bank of India or the NABARD as the case may be.

Provided that the audit shall, in addition to financial audit, also include propriety audit.

(3) The board of every cooperative society shall ensure that the annual financial statements like the receipts and payments / income and expenditure, profit and loss and the balance sheet along with schedules and other statements are prepared and presented for audit before the auditor or auditing firm within thirty days of the close of the cooperative year.

Provided that the schedules and returns to be furnished to the auditor or auditing firm shall include the following.

(a) statement of general information and working of the society;

(b) statement of verification by the board of cash and closing stock as at the end of the cooperative year;

(c) statement of bank reconciliation and balance confirmation;

(d) membership and share schedule;

(e) list of employees and members of the board;

(f) loans and advances to the directors

(g) loans and advances to the employees;

(h) demand, collection and balance statement;

(i) list of defaulter members;

(j) list of the members having right to vote;

(k) schedule of investments made and confirmation statement;

(l) schedule of bad and doubtful debts;

(m) loan confirmation statement;

(n) investment on the assets during the year;

(o) schedule of directors who have absented for three or more meetings of the board;

(p) schedule of members who have not attended three or more general meetings;

(q) schedule of members who have not complied with the requirement of the byelaws as far as obligations of membership are concerned

(r) statement of misappropriation or embezzlement cases;

(s) schedule of unrecovered loans and advances for one year and above;

(t) schedule of the arbitration and execution cases;

(u) schedule of the reserves and other funds;

(v) schedule of the depositors if any;

(w) schedule of the assets and properties;

(x) schedule of the closing stock;

(y) schedules relating to the objectives set out in the bye-laws and the extent to which they are achieved typewise societies;

(z) schedule of loans and advances to the members.

(4) While examining the irregularities mentioned in clauses (a) & (b) of sub-section (17) of Section 63, the auditor or auditing firm shall exercise such due care, diligence and skills as intelligent and prudent person would exercise honestly in similar circumstances and incorporate the findings in the audit report.

(5) While conducting the statutory audit of a cooperative society, the auditor/auditing firm may issue, from time to time during audit, interim objections to the chief executive of the cooperative society or to the officer performing the duties of the chief executive for compliance or explaining the defects and irregularities pointed out in such objections within a period not exceeding five days. The chief executive shall return the interim objection sheets with the compliance / reply to the auditor / auditing firm within the time specified by the auditor. The auditor or auditing firm shall review the compliance report and drop such objections which, in his opinion, have been complied with satisfactorily and shall incorporate the remaining objections in the audit report.

29A. Qualification for appointment as an auditor or auditing firm.- (1) The auditor or auditing firm who shall be included in the panel of auditors may be an auditor or auditing firm as provided in the Act.

(2) None of the following persons shall be qualified for appointment as an auditor / auditing firm for a cooperative society-

(i) an officer or employee of the cooperative society;

(ii) a person who is a member of that co-operative society;

(iii) a person who is indebted to the cooperative society or who has given any guarantee or provided any security in connection with the indebtedness of any third person to the cooperative society prior to or during the course of audit;

(iv) a person or a member of his family who has a direct or indirect interest in the affairs of the cooperative society; and

(v) a person who is wilfully not complied with the provisions of the Act or the rules during the audit of accounts of any cooperative society for the previous cooperative year.

(3) Any person not having the qualification and experience for appointment as an auditor under Section 63 and any person not included in the panel of auditors or auditing firms maintained and approved by the Director of Cooperative Audit shall not be appointed as an auditor / auditing firm for the conduct of audit of accounts of any cooperative society.

(4) An auditor or auditing firm ceases to hold office when he

(a) resigns; or

(b) completes his / her term of office.

(5) Only the person appointed as an auditor / auditing firm of a cooperative society shall sign the audit report or sign or authenticate any other document of the cooperative society required by law to be signed or authenticated by the auditor / auditing firm.

(6) The audit report shall be read in the general meeting of a cooperative society and shall be open to inspection by any member of the cooperative society.

29B. Procedure for preparation of panel of the Auditors and Auditing firms.-

(1) The Director of Co-operative Audit shall give a public notification in a widely circulated kannada news paper and through departmental website inviting applications from the intending Chartered Accountants and Chartered Accountants Firms possessing the requisite qualification and experience and willing to be included in the list of Auditors or Auditing Firms for taking up the audit of accounts of Co-operative Societies.

(2) The Director of Co-operative Audit shall scrutinize the applications and prepare the list of eligible Auditors and Auditing Firms and publish the same in the Departmental Website.

(3) The enlistment of the Auditor or Auditing Firm shall be valid till such period he withdraws his name or he is disqualified for any professional misconduct. Further, the Director of Co-operative Audit shall enlist any Auditor or Auditing Firm on an application made by the concerned in the format prescribed if applicant satisfies the required conditions.

Note:- The Director of Co-operative Audit shall categorise the societies into three groups based on working capital and total turnover and also classify the Auditors into three categories based on their experience for assigning them to

(5) The categorisation of Auditors and grouping of co-operative societies shall be made / updated every year after the end of financial year.

(6)The General Body of every Co-operative Society shall select Auditing Firm/Auditor (Chartered Accountant or Departmental Auditors/Officials) from the list of eligible Auditors and Auditing Firms in the respective panel of Auditors published in the Departmental Website for the audit of accounts of co-operative society. But, the same persons shall not be appointed as an Auditor and Auditing Firm of the same co-operative society for more than two years consecutively.

(7) The Auditor / Auditing Firm so appointed by the General Body shall complete the audit of accounts of the co- operative society for the previous co-operative year in accordance with the provisions of the Act and these Rules as early as possible and submit the audited financial statements and the accompanying audit report within thirty days from the date of completion of audit or before the first day of September, whichever is earlier, to the co-operative society, the Registrar of co-operative societies and the Director of Co-operative Audit and the financing agency, if any.

Provided for the audit of co-operative year 2012-13, including arrears of audit if any, the board of a co-operative society is competent to appoint the Auditor from the panel communicated by the Director of Co-operative Audit and shall get its accounts audited before 1st of September 2013.

(8) The chief executive of the society shall communicate the appointment of the Auditor or Auditing Firm within seven days from the date of the General Body Meeting, to the Auditor / Auditing Firm and Director of Co-operative Audit.

(9) When a Co-operative Societies is newly registered, the General Body of the society is in its first general meeting shall appoint the Auditor or Auditing Firm from the list of eligible Auditors and Auditing Firms in the respective panel of Auditors published in the Departmental Website.

(10) The Director of Cooperative Audit shall coordinate with the Cooperative societies and Auditors / Auditing Firms and issue such directions so as to ensure the completion of Audit as scheduled. Any problem arising in timely completion of Audit shall be referred to the Director of Cooperative Audit who shall arrange for its redressal and issue necessary direction to the concerned.

(11) The audit report shall also contain schedules and statements with particulars of :-

a. All transactions which appear to be contrary to be provisions of the Act, the rules or the byelaws of the co- operative society;

b. All transactions which appear to be contrary to the guidelines issued by the Reserve Bank of India and National Bank;

c. Schedules and statements as in rule 29(3), duly verified and certified.

(12) The Director of Cooperative Audit shall be competent to issue necessary guidelines to the Auditors or Auditing Firms for the purpose of ensuring timely completion of Audit.

(13) The Director of Co-operative Audit shall update the list of Co-operative Societies of every district as on 1st of April every year, reconcile it with that of the Registrar of Co-operative Societies of that District.

29C. Audit of a Cooperative Society which is under liquidation.– Where a society is under liquidation, the liquidator shall convene a General Body Meeting which shall appoint an Auditor or Auditing Firm out of the list of eligible Auditor or Auditing Firm published in the Departmental Website. Where it is not possible to convene the general body meeting the liquidator shall follow the procedure in Rule 33(i).

29D. Submission of the Audit Report of an Apex society to the Government.- For the purposes of sub-section (11) of section 63, the Director of Co-operative Audit shall submit a copy of the audit report of an Apex Co-operative Society to the State Government to lay before the State Legislature.

29E. Requisition for Re-audit of an account by the General body.- When the General Body of a Co-operative Society resolves to provide for re-audit of any account of the society under sub-section (12) of Section 63, it shall appoint a different Auditor or Auditing Firms out of the respective panel of Auditors for conducting such re-audit. The cost of such re-audit shall be borne by the co-operative society.

29F. Re-audit of the accounts by the order of the state Government.- When the State Government orders for the re-audit of the accounts of co-operative society, the Director of Co-operative Audit shall arrange for such re-audit by a different Auditor or Auditing Firms. The cost of such re-audit shall be borne by the co-operative society.

18. Substitution of rule 30.- For rule 30 of the said rule the following shall be substituted namely,- "30. Remuneration payable to the auditor or auditing firm.- The remuneration payable to an Auditor or Auditing Firm for auditing the accounts of a co-operative society of any co-operative year shall be fixed by the General body of that society based on the Working Capital and Turnover as per guidelines issued by the Director of Co-operative Audit from time to time".

19. Insertion of new rule 30A:- After Rule 30, the following rule shall be inserted; namely:-

"30A Remittance of Audit Fee:- In the event of a Co-operative Society failing to pay the remuneration payable to the Government or an auditor under the provisions of Rule 30, the Director of Co-operative Audit may call upon the bank where the concerned Co-operative Society has maintained its account to remit the outstanding amount of remuneration to the Government. On receipt of such demand, the bank shall remit the sum as audit remuneration to the Government or the concerned auditor out of the amount at the credit of society. The bank shall comply with the directions issued by the Director of Co-operative Audit and shall also furnish a certificate to the Director of Co-operative Audit indicating the particulars of the remittance. Further the same procedure will be followed if any payment of remuneration is due to any Charted Accountant and Charted Accountant's Firms".

20. Amendment of rule 31.- In rule 31 of the said rules, for sub rule (2), the following shall be substituted, namely,-

"(2) No co-operative society shall spend any money out of the funds of the cooperative society, disputes relating to the election of any of its members referred to the Civil Court."

21. Omission of Chapter IXB.- Chapter IXB of the said rules shall be omitted.

22. Omission of rule 51.- Rule 51 of the said rules shall be omitted.

23. Amendment of rule 53.- in rule 53 of the said rules,-

(i) in sub rule (1), for the words "two months", the words "one month" shall be substituted.

(ii) for sub rule (2), the following shall be substituted; namely:-

"(2) Any other statements, returns and information which the Registrar requires under section 27B and any other statements and returns which the Auditor or Auditing firm requires under sub section (7) of section (63) shall also be furnished to the Registrar or the Auditor as the case may be"

(iii) for sub-rule (2A) and (3), the following shall be substituted; namely :-

"(3) After the auditor or auditing firm has verified the statements of accounts along with the relevant books and records and furnished the audited financial statements along with the accompanying audit report by the first day of September of every year, the society shall publish the audited financial statements as required under the law." (iv) sub rule (4) shall be omitted.

By order etc….

Form - XI

[See Rule 14(1)]

NOTIFICATION

No.

Date: ……………….

Whereas elections are to be held to the boards of the cooperative societies whose registered offices are situated in the district of ……………………under the provisions of Karnataka Cooperative Societies Act, 1959 and Karnataka Cooperative Societies Rules 1960 from the various areas or constituencies as specified in their bye-laws:

*(1) to fill the seats of the directors of the board of the primary/secondary/federal/apex cooperative societies, where the terms of office of the boards are expiring on …...(indicate date)……………., before that date.

*(2) To fill the vacancy caused by the death / resignation / disqualification / or due to any other reason of ………………………………………. area / constituency having become vacant / having been declared vacant.

Now therefore in pursuance of the powers vested under Rule 14(1) of Karnataka Cooperative Societies Rules, 1960, I …………………………………..…………………….. District Election Officer of ……………………………….. district hereby fixes the following calendar in respect of the said elections.

District Election Officer _________________________________________________________________ * Score out the clause not applicable

Form - XII

[See Rule 14(3)]

Notice of Election

Notice is hereby given that a general election of directors to the board………………. society…………………. / election to fill up a casual vacancy on the board of……………….

will be held on ………….. date ……………………….. between 9.AM and 4PM at ………………. place from ……………………

area / constituency reserved for Backward Classes /Scheduled Castes/ Scheduled Tribes and Women.

Notice is also hereby given that the calendar of events for the said election shall be as under:

(d) the number of vacancies to be filled by election;

(e) the area or the constituency (specified in the byelaws) from which the directors are to be elected;

(f) the qualifications, if any, specified in the Act, rules or the byelaws for eligibility for membership of the board;

(g) the disqualifications, specified in the Act, rules or the byelaws for being elected as a member of the board.

And ………….........

Place : ………………

Date : ……………….

Returning Officer

Form - XIII

[See Rule 14A(1)]

Nomination paper

Election of directors to the board of …………….. cooperative society ltd.,…………………..from area or constituency I nominate Sri/Smt ………………………………….. as a candidate for election of directors to the board of ………………. cooperative society ltd.,…………………… from ………………………. area / constituency reserved for backward classes / schedule castes / schedule tribes /women.

*Candidate's Name :

His/ Her father's name/ husband's name :

Postal Address :

Name of the cooperative society of which he is a delegate:

His/ her name is entered at Sl.No ……………… in **part no…………….of the electoral roll of the society for the ……………………………………. area / constituency.

My name is ……………………………… and it is entered at Sl. No…………… in part No……………. of the electoral roll for the ……………………………. area / constituency.

Date :…………….

Signature of the proposer __________________________________________________________________ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ೬೧೦೫ *candidate may be- (i) an individual member of the cooperative society; or

(ii) a representative of a group of members of a cooperative society; or

(iii) a delegate of a member cooperative society

**Part I-A-Individual members with right to vote of a primary cooperative society

B- Representatives with right to vote of a group of members of a primary

cooperative society

Part II-A- Individual members and delegates of member societies with right to vote of a secondary cooperative society.

B- Representatives of a group of members and delegates of member societies with right to vote of a secondary cooperative society.

Part III-Delegates of member cooperative societies of a federal/apex cooperative society

DECLARATION BY THE CANDIDATE

I, the above mentioned candidate assent to the nomination and hereby declare to the best of my knowledge and belief (a) That I have completed..................... years of age.

(b) That I am a Woman

(c) That I am member of .................. class/caste/tribe which is backward class / scheduled caste / scheduled tribe.

Certificate issued in my favour by the competent authority is enclosed.

(d) That I do not have any disqualification to be elected as director to the board of the cooperative society under the Act, the rules or the bye-laws.

(e) That I do possess the requisite qualifications for being elected as director to the board of the cooperative society under the Act, the rules or the bye-laws.

(f) That the symbols I have chosen in the order of preference are

(i).............................

(ii)............................. and

(iii)..............................

Date........................ Signature of the Candidate

(To be filled by Returning Officer)

Serial number of nomination paper...............................

This nomination was delivered to me at my office at .................. (hour) on ............... (date) by the candidate ........................... (name)

Date........................ Returning Officer

Form - XIV [See Rule 14B(4)] List of validly nominated candidates

Election of directors to the board of…………….. cooperative society………………………

from……………………………… area / constituency reserved for Backward Classes/ Scheduled Castes/ Scheduled Tribes/Women.

Place : ……………… Date : ……………….. Returning Officerಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ೬೧೦೬ Form - XV [See Rule 14C(1)]

Notice of Withdrawal

Election of directors to the board of…………………….. cooperative society………………………

from……………………………… area / constituency reserved for Backward Classes /Scheduled Castes/ Scheduled Tribes/ Women.

To :

The Returning Officer,

……………………………..

……………………………..

……………………………..

I, …………………………………………. a candidate validly nominated at the above election do hereby given that I withdraw my candidature.

Place : ………………

Date : ……………….. Signature of the Candidate

__________________________________________________________________

Receipt of Notice of Withdrawal

(To be handed over to the person delivering the notice)

The notice of withdrawal of candidature by …………………………….a validly nominated candidate at the election to the board of…………………. cooperative society from………………… area / constituency was delivered to me by the candidate………………………….. at my office …………………. (hour) on ………………….(date).

Place : ………………

Date : ……………….. Returning Officer

Form - XVI [See Rule 14D(1) & 14E(4)] List of Contesting Candidate/s

Election of directors to the board of…………………….. cooperative society………………………

from……………………………… area / constituency reserved for Backward Classes /Scheduled Castes/ Scheduled Tribes/ Women.

1.

2.

3.

4.

Place : ………………

Date : ……………….. Signature of Returning Officerವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ೬೧೦೭ Form - XVII

[See Rule 14(L) (1))]

Counterfoil

Election to the directors/ representative of ………………………… Coop. Society

Name of the area /constituency ……………………………………… Serial No. of the member/ representative/delegate ………………………

Signature or thumb impression of member/representative/delegate …………………………………… ……………………..

Perforation

Election to the directors/representative of ………………………………Coop. Society.

Name of the area /constituency

Form - XVIII

[See Rule14V]

Ballot Paper Account

Election of the directors/representative of the ............................................................ (name of the Co-operative Society).

Name of the Polling Station..............................................................................

1. Ballot Papers received/Printed SI No.

From To

Total .............................

2. Ballot Papers unused (i.e. not issued to the voters)

(a) with the signature of the P.O. :

(b) without the signature of the P.O. :

Total (a+b) …………..

3. Ballot papers used at the polling station

Total (1-2)=3

4. ballot papers issued but not inserted in the ballot box

a) ballot papers cancelled for violation of voting procedure :

b) ballot papers cancelled for any other reason :

Total (a+b) ……………………….

5. Ballot papers to be found in the ballot box

(3-4= 5) …………………………

Signature of the Presiding Officer

Form - XIX

[See Rule 14G(2)]

Declaration of Results of Election (To be used when the seat is uncontested)

Election of directors to the board of…………………….. cooperative society………………………

from……………………………… area / constituency reserved for Backward Classes /Scheduled Castes/ Scheduled Tribes/ Women.

Name ……………………………………………

Address………………………………………….

…………………………………………………..

has been duly elected to fill the vacancy to the said cooperative society from the above area / constituency.

Place : ………………

Date : ……………….. Signature of Returning Officer

Form - XX

[See Rule14G(3)]

Declaration of Results of Election

(to fill casual vacancy when the seat is uncontested)

Election of directors to the board of…………………….. cooperative society……………………… from……………………………… area / constituency reserved for Backward Classes /Scheduled Castes/ Scheduled Tribes/ Women.

In pursuance of the provisions contained in Rule 14G of the Karnataka Cooperative Societies Rules, 1960, I declare that :

Name ……………………………………………

Address………………………………………….

…………………………………………………..

has been duly elected to fill the vacancy caused in that cooperative society by the

Disqualification of………………………….

Resignation of ……………………………….

Death of ………………………………………

Election of ………………….. been declared void,

Seat of …………………… area / constituency having become vacant/ having been declared vacant.

Place : ………………

Date : ……………….. Signature of Returning Officer

Form - XXI

[See Rule 14X(2)]

FINAL RESULT SHEET

Election of directors to the board of…………………….. cooperative society……………………… from………………………………

2.

3.

4.

5. and so on

-------------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------------

_______________________________________________________________________

________________________________________________________________________

Place : ………………

Date : ……………….. Returning Officer

Form - XXII

[See Rule 14Y]

Declaration of Result of Election

(To be used when a seat is contested)

Election of directors to the board of…………………….. cooperative society………………………

from……………………………… area / constituency reserved for Backward Classes /Scheduled Castes/ Scheduled Tribes/ Women.

In pursuance of the provisions contained in Rule 14AB of the Karnataka Cooperative Societies Rules 1960, I declare that :

1. Sri/ Smt ..……………………………… ( Name)

…………………………………………. (Address)

……………………………………………………..

has been duly elected to fill the seat from the above area / constituency.

Returning Officer

Form - XXIII

[See Rule 14Z]

Certificate of Election

Election of directors to the board of…………………….. cooperative society……………………… from………………………………

area / constituency of …………………………………… hereby certify

that I have on ……………… day of………………. 20…. declared Sri/ Smt………………………..

to have been duly elected by ……….. area / constituency to be the director from the said area / constituency and that in a token thereof I have granted to him/ her this Certificate of Election.

Place : ……………… Returning Officer Date : ………………..

[See Rule 14AG(4)]

Nomination for the election of office-bearers of…………………..

cooperative society

1) Office for which contesting

2) Name of the candidate

3) Serial number in the register of members

4) Father's or husband's name of the candidate

5) Address of the candidate

6) Name of the proposer

7) Serial number of the proposer in the register of members

8) Signature of the proposer

9) Name of the seconder

10) Serial number of the seconder in the register of members

11) Signature of the seconder

DECLARATION BY THE CANDIDATE

I declare that I am willing to stand for election to the office of the chairperson / vice chairperson or any other office-bearer (specify) and to the best of my knowledge and belief

(a) That I have completed..................... years of age.

(b) That I am a Woman

(c) That I am member of .................. class/caste/tribe which is backward class / scheduled caste / scheduled tribe.

(d) That I do not have any disqualification to be elected as director to the board of the cooperative society under the Act, the rules or the bye-laws.

(e) That I do possess the requisite qualifications for being elected as director to the board of the cooperative society under the Act, the rules or the bye-laws.

Date........................ Signature of the Candidate

(To be filled by Returning Officer)

This nomination was delivered to me at .................. (hour) on ............... (date) by the candidate ........................... (name) Date........................

Place………………….

Returning Officer

By order and in the name of the Governor of Karnataka

G.S. RAMANAREDDY Officer on Special Duty & Ex-officio Joint Secretary to Government Co-operation Department

ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ

ನಂ. 899 No. 899 ಭಾಗ – IV-A Part – IV-A

ಬೆಂಗಳೂರು, ಬುಧವಾರ, ಜುಲೈ 10, 2013 (ಆಷಾಡ 19, ಶಕ ವರ್ಷ 1935) Bangalore, Wednesday, July ¹⁰, ²⁰¹³ (Ashadha ¹⁹, Shaka Varsha ¹⁹³⁵)

PERSONNEL & ADMINISTRATIVE REFORMS SECRETARIAT

NOTIFICATION

No. DPAR 34 SCR 2012, Bangalore, dated: 09.07.2013

Whereas the draft of the Karnataka Civil Services (Direct Recruitment by Competitive Examinations and Selection)(General) Rules, 2013, was published as required by clause (a), sub-section (2) of section 3 read with section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) in Notification No. DPAR 34 SCR 2012ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ೬೧೧೧ dated;12.03.2013 in part IV A of the Karnataka Gazette Extradionary dated:13.03.2013 inviting objections and suggestions from all persons likely to be affected thereby within fifteen days from the date publication of the draft in Official Gazette.

Whereas, the said Gazette was made available to the public on 13.03.2013.

And Whereas, no objections and suggestions have been received in this behalf by the State Government. Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 read with section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) the Government of Karnataka hereby makes the following rules, namely:-

RULES

1. Title and commencement:- (1) These rules may be called the Karnataka Civil Services (Direct Recruitment by Competitive Examinations and Selection) (General) (Sixth Amendment) Rules, 2013.

(2) They shall come into force from the date of their publication in the Official Gazette.

2. Amendment of rule 5:- In the Karnataka Civil Services (Direct Recruitment by Competitive Examinations and Selection) (General) Rules, 2006, (hereafter referred to as the said rules) for rule 5 and entries relating thereto, the following shall be substituted, namely:-

"5, Method of Selection:- The method of selection for direct recruitment under these rules shall be on the basis of percentage of total marks secured in the Competitive Examination and the marks secured in an interview conducted by the Commission under rule 6 in respect of Technical and Non-technical posts."

3. Amendment of rule 6:- For rule 6 and entries relating there under of the said rules, the following shall be substituted, namely:-

"6 Selection of Candidates Eligible for Interview:-(1) The Commission shall conduct a competitive examination in the following manner, namely:-

(a) The examination shall be in the form of objective multiple choice consisting of two written papers carrying 200 marks each , namely:-

(i) Paper-1:- General Paper:- Covering General Knowledge topics relating to Current Events, General Science, Indian History, Indian Geography, Social Sciences, General Mental Ability, matters of every day observation and practical knowledge as may be expected of a person who has passed the prescribed qualifying examination.

(ii) Paper-II:- Specific paper:- The content of this paper shall be determined by the Commission keeping in view the nature of the job for which the selection is being made and the qualifying examination in consultation with the head of the field department or the appointing authority concerned.

(b) The papers shall be set in both Kannada and English.

Provided that if two or more candidates secure equal marks in the competitive examination, the order of merit of such candidates shall be fixed on the basis of their age, the person older in age being placed higher in the order of the merit.

(2) A list of candidates shall be prepared in the order of merit determined on the basis of the percentage of total marks secured by the candidates in the above competitive examination.

(3) Subject to reservation policy of the State, from among the candidates whose names are included in such list such number of candidates as is equal to three times the number of vacancies notified, shall be called for the interview:-

(4) The maximum marks for interview shall be 12.50% of total marks prescribed for the Competitive Examination.''

4. Amendments of rule 8:- For rule 8 and entries relating there under of the said rules, the following shall be substituted, namely:-

"8. Final Selection List of candidates:-(1) The Commission shall prepare a final selection list of candidates elilgible for appointment on the basis of merit determined on the basis of percentage of total marks secured in the Competitive Examination and Interview and taking into consideration the reservation policy of the State equal to the number of vacancies notified.

(2) The final selection list prepared under sub-rule (1) shall be published in the Karnataka Gazette and in such other mass media as the Commission may deem fit and in such manner as the State Government may direct and a copy thereof shall be sent to the Appointing Authority concerned, the fact of selection shall be intimated to the candidates selected by the Commission.

By Order and in the name of the Governor of Karnataka

Dr. MANGALA G.S.

Under Secretary to Government,

Department of Personnel & Administrative

Reforms (Service Rules-1)

ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ

ನಂ. 900 No. 900 ಭಾಗ – II Part – II

ಬೆಂಗಳೂರು, ಬುಧವಾರ, ಜುಲೈ 10, 2013 (ಆಷಾಡ 19, ಶಕ ವರ್ಷ 1935) Bangalore, Wednesday, July ¹⁰, ²⁰¹³ (Ashadha ¹⁹, Shaka Varsha ¹⁹³⁵)

PERSONNEL & ADMINISTRATIVE REFORMS SECRETARIAT

NOTIFICATION

No. DPAR 44 SSC 2013, Bangalore, dated: 06.07.2013

In exercise of the powers conferred by clause (1A) of Article 316 of the Constitution of India, I, H.R.Bhardwaj, Governor of Karnataka hereby appoint Shri B.P. Kaniram, Member, Karnataka Public Service Commission to perform the duties of the Chairman, Karnataka Public Service Commission with immediate effect and until further orders or until a Chairman is appointed under clause (1) of the said Article whichever is earlier.

H.R. BHARDWAJ GOVERNOR OF KARNATAKA

By Order and in the name of the Governor of Karnataka

DR. MANGALA G.S. Under Secretary to Government, Department of Personnel & Administrative Reforms (Service Rules-1)

ವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ

ನಂ. 902 No. 902 ಭಾಗ – III Part – III

ಶಿಕ್ಷಣ ಸಚಿವಾಲಯ

ಅಧಿಸೂಚನೆ

ವಿಷಯ : ಸಾರ್ವಜನಿಕ ಶಿಕ್ಷಣ ಇಲಾಖೆಯ ಗ್ರೂಪ್-ಬಿ ವೃಂದದ ಮುಖ್ಯ ಶಿಕ್ಷಕರು ಹಾಗೂ ತತ್ಸಮಾನ ವೃಂದದ ಅಧಿಕಾರಿಗಳ ದಿ: 01-01-2012ರಲ್ಲಿದ್ದಂತೆ ಅಂತಿಮ ಜೇಷ್ಠತಾ ಪಟ್ಟಿಯನ್ನು ಪ್ರಕಟಿಸುವ ಬಗ್ಗೆ.

ಉಲ್ಲೇಖ : 1. ಸಾರ್ವಜನಿಕ ಶಿಕ್ಷಣ ಇಲಾಖೆಯ ಆಯುಕ್ತರ ಜ್ಞಾಪನ ಸಂಖ್ಯೆ: ಸಿ1(1) ಇತರೆ.ಮು.ಶಿ.ವೃಂಜೇ.ಪ/ 33/2011-12 ದಿ: 18-03-2013 ಮತ್ತು 10-06-2013.

2. ಮಾನ್ಯ ಕೆ.ಎ.ಟಿ. ನ್ಯಾಯಾಲಯದ ಅರ್ಜಿ ಸಂಖ್ಯೆ:5784-86/2011ರಲ್ಲಿ ದಿನಾಂಕ: 06-11-2012 ರಂದು ನೀಡಿರುವ ತೀರ್ಪು.

3. ಅಪರ ಆಯುಕ್ತರು (ಆಡಳಿತ) (ಹೆಚ್ಚುವರಿ ಪ್ರಭಾರ), ಸಾರ್ವಜನಿಕ ಶಿಕ್ಷಣ ಇಲಾಖೆ, ಬೆಂಗಳೂರು ಇವರ ಪತ್ರ ಸಂಖ್ಯೆ:

ಸಿ1(1)ಇತರೆ.ಮುಶಿ.ವೈ.ಜೇ.ಪ.33/2011-12, ದಿನಾಂಕ: 10-06-2013.

ಸಾರ್ವಜನಿಕ ಶಿಕ್ಷಣ ಇಲಾಖೆಯ ಗ್ರೂಪ್-ಬಿ ವೃಂದದ ಮುಖ್ಯ ಶಿಕ್ಷಕರು ಹಾಗೂ ತತ್ಸಮಾನ ವೃಂದದ ಅಧಿಕಾರಿಗಳ ದಿನಾಂಕ: 01-01- 2008ರಲ್ಲಿದ್ದಂತೆ ಅಂತಿಮ ಜೇಷ್ಠತಾ ಪಟ್ಟಿಯನ್ನು ಪ್ರಕಟಿಸಲಾಗಿದೆ. ಆಯುಕ್ತರು, ಸಾರ್ವಜನಿಕ ಶಿಕ್ಷಣ ಇಲಾಖೆ ಇವರು ಉಲ್ಲೇಖ (01)ರ ಪ್ರಸ್ತಾವನೆಯಲ್ಲಿ ಸಾರ್ವಜನಿಕ ಶಿಕ್ಷಣ ಇಲಾಖೆಯ ಮುಖ್ಯ ಶಿಕ್ಷಕರು ಹಾಗೂ ತತ್ಸಮಾನ ವೃಂದದ ಅಧಿಕಾರಿಗಳ ನೇಮಕಾತಿ ಪ್ರಾಧಿಕಾರವಾಗಿ ಆಯುಕ್ತರು, ಸಾರ್ವಜನಿಕ ಶಿಕ್ಷಣವಿಶೇಷ ರಾಜ್ಯ ಪತ್ರಿಕೆ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಆಗಸ್ಟ್ ೮, ೨೦೧೩ ೬೧೧೩ ಇಲಾಖೆ, ಬೆಂಗಳೂರು, ಧಾರವಾಡ ಮತ್ತು ಗುಲ್ಬರ್ಗಾ ಇವರನ್ನು ನೇಮಕ ಮಾಡಿದ್ದು, ಆಯಾ ಆಯುಕ್ತಾಲಯವಾರು ನೇರ ನೇಮಕಾತಿ ಮತ್ತು ಮುಂಬಡ್ತಿ ಹೊಂದಿ ಕಾರ್ಯನಿರ್ವಹಿಸುತ್ತಿರುವ ಮುಖ್ಯ ಶಿಕ್ಷಕರು ಹಾಗೂ ತತ್ಸಮಾನ ವೃಂದದ ಅಧಿಕಾರಿಗಳ ಪಟ್ಟಿಗಳನ್ನು ಕ್ರೋಡೀಕರಿಸಿ, ಜೇಷ್ಠತಾ ಪಟ್ಟಿಯನ್ನು ತಯಾರಿಸಿರುತ್ತಾರೆಂದು ಶ್ರೀ ಬಿ.ಡಿ. ಚಲವಾದಿ ಹಾಗೂ ಇತರರು ಮಾನ್ಯ ಕರ್ನಾಟಕ ಆಡಳಿತ ನ್ಯಾಯಾಲಯದಲ್ಲಿ ಅರ್ಜಿ ಸಂಖ್ಯೆ: 5784-86/2011ರಲ್ಲಿ ದಾವೆ ಹೂಡಿ, ತಮಗೆ ಅರ್ಹತಾ ದಿನಾಂಕ ಮತ್ತು ಜೇಷ್ಠತೆಯನ್ನು ನಿಗದಿಪಡಿಸುವ ಬಗ್ಗೆ ಮನವಿ ಮಾಡಿರುತ್ತಾರೆ. ನ್ಯಾಯಾಲಯವು ಸದರಿ ದಾವೆಯ ಬಗ್ಗೆ ದಿ: 06-11-2012ರಂದು ತೀರ್ಪು ನೀಡಿರುತ್ತದೆ. ನ್ಯಾಯಾಲಯದ ತೀರ್ಪಿನಂತೆ ಅರ್ಜಿದಾರರಾದ ಶ್ರೀ ಬಿ.ಡಿ. ಚಲವಾದಿ, ಶ್ರೀ ಬಿ.ಪಿ. ನಾಯಕ್ ಮತ್ತು ಶ್ರೀ ಇಂಗಳೇಶ್ವರ ಇವರ ಜೇಷ್ಠತೆಯನ್ನು ದಿ: 01-01-2008ರಲ್ಲಿದ್ದಂತೆ ಈಗಾಗಲೇ ಸರ್ಕಾರ ಪ್ರಕಟಿಸಿರುವ 10ನೇ ಬ್ಲಾಕಿನ ಜೇಷ್ಠತಾ ಪಟ್ಟಿಯಲ್ಲಿ ಜೇಷ್ಠತೆ ನಿಗದಿಪಡಿಸಲಾಗಿತ್ತು. ಮಾನ್ಯ ನ್ಯಾಯಾಲಯದ ತೀರ್ಪಿನಂತೆ ಗ್ರೂಪ್-ಬಿ ಅಧಿಕಾರಿಗಳಾದ ಮುಖ್ಯ ಶಿಕ್ಷಕರು ಹಾಗೂ ತತ್ಸಮಾನ ವೃಂದದ ಅಧಿಕಾರಿಗಳ ಜೇಷ್ಠತಾ ಪಟ್ಟಿಯನ್ನು 03 ತಿಂಗಳೊಳಗಾಗಿ ಪ್ರಕಟಿಸುವಂತೆ ನಿರ್ದೇಶನವನ್ನು ನೀಡಿರುವ ಹಿನ್ನೆಲೆಯಲ್ಲಿ ಮುಖ್ಯ ಶಿಕ್ಷಕರು ಹಾಗೂ ತತ್ಸಮಾನ ವೃಂದದ ಅಧಿಕಾರಿಗಳ ಜೇಷ್ಠತಾ ಪಟ್ಟಿಯನ್ನು ಪ್ರಕಟಿಸುವ ಅಧಿಕಾರವು ಸರ್ಕಾರಕ್ಕೆ ಇರುವುದರಿಂದ ದಿ: 01-01-2012ರಲ್ಲಿದ್ದಂತೆ ಅಂತಿಮ ಜೇಷ್ಠತಾ ಪಟ್ಟಿಯನ್ನು ಸರ್ಕಾರದಿಂದ ಪ್ರಕಟಿಸಲು ಕೋರಿರುತ್ತಾರೆ.

ಆದುದರಿಂದ ಮಾನ್ಯ ನ್ಯಾಯಾಲಯದ ಆದೇಶದಂತೆ ಮುಖ್ಯ ಶಿಕ್ಷಕರ ಹಾಗೂ ತತ್ಸಮಾನ ವೃಂದದ ಗ್ರೂಪ್-ಬಿ ಅಧಿಕಾರಿಗಳ ದಿನಾಂಕ:

01-01-2012ರಲ್ಲಿದ್ದಂತೆ ತಾತ್ಕಾಲಿಕ ಕರಡು ಜೇಷ್ಠತಾ ಪಟ್ಟಿಯನ್ನು ತಯಾರಿಸಿ, ದಿನಾಂಕ: 02-04-2013ರಂದು ಸರ್ಕಾರದ ಅಧಿಸೂಚನೆಯಲ್ಲಿ ಹೊರಡಿಸಿ, ಕರ್ನಾಟಕ ರಾಜ್ಯ ಪತ್ರದಲ್ಲಿ ಪ್ರಕಟಿಸಿ, ಬಾಧಿತರಿಂದ ಕರಡು ತಾತ್ಕಾಲಿಕ ಜೇಷ್ಠತಾ ಪಟ್ಟಿಯನ್ನು ಪ್ರಕಟಿಸಿದ 30 ದಿನಗಳೊಳಗೆ ಆಕ್ಷೇಪಣೆಗಳನ್ನು ಆಹ್ವಾನಿಸಲಾಗಿತ್ತು ಅದರಂತೆ ಬಾತಿರವರಿಂದ ಸಲ್ಲಿಸಿದ ಆಕ್ಷೇಪಣೆಗಳನ್ನು ಪರಿಶೀಲಿಸಿ, ಪರಿಷ್ಕರಿಸಿದ ಪಟ್ಟಿಯನ್ನು ಆಯುಕ್ತಾಲಯದಿಂದ ಪಡೆದು ಪರಿಶೀಲಿಸಿ, ಈ ಕೆಳಕಂಡ ಅನುಬಂಧದಲ್ಲಿ ಸೇರಿಸಲಾಗಿದೆ. ಮಾನ್ಯ ಕೆ.ಎ.ಟಿ. ನ್ಯಾಯಾಲಯವು ಅರ್ಜಿ ಸಂಖ್ಯೆ: 5784-86/2011ರಲ್ಲಿ ನೀಡಿರುವ ತೀರ್ಪಿನಂತೆ 01-01-2012ರಲ್ಲಿದ್ದಂತೆ ಸಾರ್ವಜನಿಕ ಶಿಕ್ಷಣ ಇಲಾಖೆಯ ಗ್ರೂಪ್-ಬಿ ಹಾಗೂ ತತ್ಸಮಾನ ವೃಂದದ ಅಂತಿಮ ಜೇಷ್ಠತಾ ಪಟ್ಟಿಯನ್ನು ಅನುಬಂಧ-01, 02,

ಕರ್ನಾಟಕ ರಾಜ್ಯಪಾಲರ ಆಜ್ಞಾನುಸಾರ ಮತ್ತು ಅವರ ಹೆಸರಿನಲ್ಲಿ

ಹೆಚ್.ಟಿ. ಜಯರಾಂ ಸರ್ಕಾರದ ಅಧೀನ ಕಾರ್ಯದರ್ಶಿ ಶಿಕ್ಷಣ ಇಲಾಖೆ (ಪ್ರೌಡ ಶಿಕ್ಷಣ)

ಅನುಬಂಧ-1 [10ನೇ ಬ್ಲಾಕ್]

ಸಾರ್ವಜನಿಕ ಶಿಕ್ಷಣ ಇಲಾಖೆಯ ಗ್ರೂಪ್-ಬಿ (ಬೋಧಕ) ವೃಂದದ ಅಧಿಕಾರಿಗಳ ದಿನಾಂಕ: 14-01-1994 ರಿಂದ 15-11-1999ರ ಅವಧಿಯಲ್ಲಿ ಮುಂಬಡ್ತಿ

ಹಾಗೂ ನೇರ ನೇಮಕಾತಿ ಹೊಂದಿದ ಅಧಿಕಾರಿಗಳ ಪರಿಷ್ಕøತ ಜೇಷ್ಟತಾ ಪಟ್ಟಿ (ಈ ಪಟ್ಟಿಯನ್ನು ಸರ್ಕಾರದ ಸೀನಿಯಾರಿಟಿ ಮಾರ್ಗಸೂಚಿ ಅಧಿಸೂಚನೆ ಸಂಖ್ಯೆ:

ಡಿಪಿಎಆರ್.43.ಎಸ್.ಆರ್.ಇ.1987 ದಿ: 14-12-1987 ನಿಯಮ-7 (ಎಫ್) ರಂತೆ ಪರಿಷ್ಕರಿಸಿ ತಯಾರಿಸಿದೆ) 10ನೇ ಬ್ಲಾಕ್ ದಿನಾಂಕ: 14-01-1994 ರಿಂದ

15-11-1999 ಮುಂಬಡ್ತಿ ಅನುಪಾತ: ಸರ್ಕಾರ-06, ಟಿ.ಡಿ.ಬಿ-02, ಮುನಿಸಿಪಲ್-01