1611

Panaji, 5th March, 2020 (Phalguna 15, 1941)

SERIES I No. 49

Reg. No. G-2/RNP/GOA/32/2018-2020

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Finance

Debt Management Division

Notification

5-6-2019-Fin(DMU)

Government of Goa hereby notifies the sale

of Goa Government Stock (Securities) of

10-year tenure for an aggregate amount of

Rs. 100.00 crore (Nominal). The sale will be

subject to the terms and conditions spelt out

in this notification (called specific notification)

as also the terms and conditions specified in

the General Notification No. 1-45-2005/Fin

(DMU)/572 dated April 25, 2017 of

Government of Goa.

Object of the Loan

1. (i) The proceeds of the loans will be

utilized for financing capital expenditure

in connection with the development

programmes of the Government of Goa.

(ii) Consent of Central Government has

been obtained to the floatation of this loan as

required by Article 293(3) of the Constitution

of India.

Method of issue

2. Government stock will be sold through

the Reserve Bank of India, Mumbai Office

(PDO) Fort, Mumbai - 400 001 by auction in

the manner as prescribed in paragraph 6.1

Suggestions are welcomed on e-mail: dir–[email protected]

EXTRAORDINARY

of the General Notification No. 1-45-2005/Fin

(DMU)/572 dated April 25, 2017 at a coupon

rate to be determined by the Reserve Bank

of India at the yield based auction under

multiple price formats.

Allotment to Non-competitive Bidders

3. The Governments stock up to 10% of

the notified amount of the sale will be

allotted to eligible individuals and institutions

subject to a maximum limit of 1% of the

notified amount for a single bid as per the

Revised Scheme for Non-competitive Bidding

Facility in the Auctions of State Government

Securities of the General Notification

(Annexure II).

Place and Date of Auction

4. The auction will be conducted by the

Reserve Bank of India, at its Mumbai Office,

Fort, Mumbai 400 001 on March 09, 2020.

Bids for the auction should be submitted in

electronic format on the Reserve Bank of

India Core Banking Solution (E-Kuber) system

as stated below on March 09, 2020.

(a) The competitive bids shall be

submitted electronically on the Reserve

Bank of India Core Banking Solution

(E-Kuber) system between 10:30 a.m. and

12:00 p.m.

(b) The non-competitive bids shall be

submitted electronically on the Reserve

Bank of India Core Banking Solution

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(E-Kuber) system between 10.30 a.m. and

11.30 a.m.

Result of the Auction

5. The result of the auction shall be

displayed by the Reserve Bank of India

on its website on the same day. The

payment by successful bidders will be on

March 11, 2020.

Method of Payment

6. Successful bidders will make payments

on March 11, 2020 before close of banking

hours by means of cash, bankers’ cheque/

/pay order, demand draft payable at Reserve

Bank of India, Mumbai/Mumbai or a cheque

drawn on their account with Reserve Bank

of India, Mumbai (Fort)/Mumbai.

Tenure

7. The stock will be of 10-year tenure.

The tenure of the stock will commence on

March 11, 2020.

Date of Repayment

8. The loan will be repaid at par on

March 11, 2030.

Rate of Interest

9. The cut-off yield determined at the

auction will be the coupon rate percent per

annum on the stock sold at the auction.

The interest will be paid on September 11

and March 11.

Eligibility of Securities

10. The investment in Government Stock

will be reckoned as an eligible Investment in

Government Securities by banks for the

purpose of Statutory Liquidity Ratio (SLR)

under section 24 of the Banking Regulation

Act, 1949. The stocks will qualify for the ready

forward facility.

By order and in the name of the Governor

of Goa.

Daulat A. Hawaldar, Commissioner-cum-

-Secretary (Finance).

Porvorim, 5th March, 2020.

Department of Law & Judiciary

Legal Affairs Division

Notification

7/4/2020-LA

The Goa Private University Act, 2020

(Goa Act 4 of 2020), which has been passed

by the Legislative Assembly of Goa on

07-02-2020 and assented by the Governor of

Goa on 03-03-2020, is hereby published for

general information of the public.

Dnyaneshwar Raut Dessai, Joint Secretary

(Law)-III.

Porvorim, 05th March, 2020.

________

The Goa Private Universities

Act, 2020

(Goa Act 4 of 2020)

[03-3-2020]

ACT

to provide for establishment and incorporation

of private Universities in the State of Goa

for imparting quality and industry relevant

higher education and to regulate their

functions and for matters connected

therewith or incidental thereto.

Be it enacted by the Legislative Assembly

of Goa in the Seventy-first Year of the Republic

of India as follows:—

1. Short title, extent and commencement.—

(1) This Act may be called the Goa Private

Universities Act, 2020.

(2) It shall extend to the whole of the State

of Goa.

(3) It shall come into force on such date as

the Government may, by notification in the

Official Gazette, appoint.

2. Definitions.— In this Act, unless the

context otherwise requires,-

i. “Academic Council” means the

Academic Council of the University;

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ii. “Board” means the Board of Studies and

the Planning Board, or any other Board of

the University;

iii. “Director” means Director of Higher

Education;

iv. “Executive Council” means the

Executive Council of the University;

v. “employee” means any person

appointed by the University, and includes a

teacher or any other member of the staff of

the University;

vi. “Faculty” means a Faculty of the

University;

vii. “Government” means the Goverment

of Goa;

viii. “Governing Body” means a committee

constituted by the sponsoring body;

ix. “Hostel” means Scholar/Students

Hostel of the University;

x. “Institution/College” means a college

including existing college or an Institution

established or maintained by or associated

to or constituent of the University in

accordance with this Act and the-Statutes;

xi. “Prescribed” means prescribed under

Statutes, Ordinances or Rules made under

this Act;

xii. “President”, “Vice-Chancellor” and

“Pro-Vice-Chancellor” means respectively

the “President”, the “Vice-Chancellor” the

“Pro-Vice-Chancellor” of the University;

xiii. “Registrar”, “Deputy Registrar”,

“Finance

Officer”,

Controller

Examinations”,

“Librarian”

means,

respectively, the Registrar, the Deputy

Registrar, the Finance Officer, the Controller

of Examinations, the Librarian of the

University;

xiv. “Regulatory Body” means the

statutory bodies established by the Central

Government from time to time such as

University Grants Commission and includes

the All India Council for Technical

Education, the Bar Council of India, the

Distance Education Council, the Dental

Council of India, the Indian Nursing Council,

the Medical Council of India, the National

Council for Teacher Education, Central

Council for Indian Medicine and the

Pharmacy Council of India;

xv. “Regulatory Authority” means the

“Regulatory Authority” constituted under

this Act.

xvi. “sponsoring body”, in relation to a

University to be established under this Act,

means:

(i) a Society registered under the

Societies Registration Act, 1860 (Central

Act No. 21 of 1860); or

(ii) a public trust registered under the

Indian Trusts Act, 1882 (Central Act No.

2 of 1882); or

(iii) a company registered under the

Companies Act, 1956 (Central Act No. 1

of 1956) or the Companies Act, 2013

(Central Act 18 of 2013);

xvii. “State” means State of Goa;

xviii. “Statutes” and “Ordinances”

means, respectively, the Statutes and the

Ordinances of the University, for the time

being in force;

xix. “Student” means a student enrolled

in the register of the University;

xx. “Teacher of the University” means

Professors, Associate Professors, Assistant

Professors, and such other persons as may

be appointed for imparting education,

instructions, or conducting research in the

University and designated as such by the

Ordinances;

xxi. “University” means a University

established and incorporated under section

8 of this Act;

3. Conditions for the establishment of the

University.— The sponsoring body shall, for

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the purposes of establishing the University

under this Act fulfil the following conditions,

namely:—

(a) create a permanent endowment fund

of at least rupees five crores;

(b) own a land, buildings and

infrastructure facilities required for

establishing University;

furniture, assets, infrastructural facilities

(other than building mentioned in clause (b)

and

other

consumables

and

non-

consumables of atleast rupees two crores

in offices and laboratories in the building

referred to in clause (b); and undertake to

procure the computers, furniture, assets,

infrastructural facilities (other than building

mentioned in clause (b) and other

consumables and non-consumables of

atleast rupees four crores in the next five

years after establishing University;

(d) appoint at least one Professor, two

Associate Professors and sufficient number

of Assistant Professors and supporting staff

members in every department or discipline.

(e) purchase books and periodicals worth

rupees two crores in the library and also

undertake to invest rupees ten crores for the

books, periodicals, computer library

networking and other library facilities in the

first three years after establishing the

University;

(f) undertake to arrange the co-curricular

activities, extracurricular activities, debate,

competitions, quiz programmes, sports,

National Service Scheme and National Cadet

Corps for the students as per the standards

of regulatory bodies;

(g) undertake to adhere standards,

conditions and regulations set by University

Grants Commission, All India Council for

Technical Education, National Council for

Teachers Education, Bar Council of India,

Medical Council of India and other

regulatory bodies established by the

Government or Central Government;

(h) undertake to establish the provident

fund for the employees of the University and

to introduce other welfare schemes;

(i)make the Statutes and the Ordinances

for the administration and functioning of the

University;

(j)any arrangements made by the

University shall not differ from the

provisions of the Act and regulations of the

University Grants Commission and other

regulatory bodies;

(k) ensure transparent functioning of the

University and put the clearances obtained

from the Regulatory Bodies in the public

domain;

(l)furnish such information to the

Government in such manner as may be

prescribed;

(m) comply with such other conditions

as may be notified by the Government to be

fulfilled before the establishment of the

University.

4. Submission of proposal for establishment

of a University.— (1) An application containing

the proposal and the project report to establish

an University shall be made by the sponsoring

body to the Government through the Director

of Higher Education along with such fee as

may be prescribed by the Government;

(2) The project report must contain the

following particulars, namely:-

(a) the details of the sponsoring body

along with the copies of its registration

certificate and bye-laws;

(b) the information regarding financial

resources of the sponsoring body along with

audited accounts for the past three years;

of the proposed University;

(d) the objectives of the University;

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(e) the availability of land and details of

buildings and infrastructure facilities, owned

or proposed to be owned or created as

required;

(f)availability of academic facilities

including teaching and non-teaching staff,

if any, at the disposal of sponsoring body;

(g) the nature and the type of programs

of study and research proposed to be

undertaken by the University and their

relevance to the development goals and

employment needs of the State and phasing

of such programs over the first five years

with course-wise enrolment targets;

(h) the nature of facilities, courses of study

and research proposed to be started;

(i) the experience and expertise in the

concerned disciplines at the command of the

sponsoring body;

(j) the details of plans for campus

development such as construction of

buildings, development of structural

amenities and infrastructure facilities and

procurement of equipment, etc., to be

undertaken before the University starts

functioning and phased programme for the

first five years;

(k) the phased outlays of capital

expenditure proposed for the next five years

and its sources of finance;

(l) The scheme for mobilizing resources

and the cost of capital thereto and the

manner of repayment to such sources;

(m) the scheme for the generation of

funds.

(n) the system proposed to be followed

for selecting students for admission to the

courses of study at the University;

(o) the system proposed to be followed for

appointment of teachers and other

employees in the University;

(p) whether the University proposes to

undertake some programmes related to

local needs. If so, the nature of specialized

teaching, training or research activities to

be undertaken by the University so as to

fulfil this objective;

(q) whether the University proposes to

start some programmes for the benefit of

farmers, women and industries. If so, details

thereof may be given;

(r) details of playgrounds and other

facilities available or proposed to be created

for games and sports and extracurricular

activities like National Cadet Corps, National

Service Scheme, Rover and Rangers etc;

(s) the arrangements proposed to be made

for academic excellence and auditing;

(t) commitment to follow the norms of the

regulatory bodies and regulatory authority;

(u) such other details as the sponsoring

body may like to give;

(v) such other details as may be

prescribed by the Government.

5. Evaluation of proposals.— (1) The Director

of Higher Education on receipt of the proposal

and the project report for establishment of a

University shall constitute a committee

consisting of,-

(i) Minister for Higher Education as a

Chairman;

(ii) One Vice-Chancellor of any of the State

Universities established under State

Universities Acts – Member;

(iii) Three Senior Academicians of a

University/Central Universities/IIT’s/

Deemed Universities – Members;

(iv) One Legal Expert – Member;

(v) Secretary (Higher Education) to the

Government of Goa – Member;

(vi)

Secretary

(Finance)

the

Government of Goa – Member;

(vii) District Magistrate of the District

concerned – Member;

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(viii) Principal Chief Engineer of Public

Works Department – Member;

(ix) Director of Higher Education shall be

the Member Secretary of the committee.

(2) The committee shall consider the

proposal and the project report together with

the financial soundness and assets of the

sponsoring body and its overall ability to set

up the proposed University.

(3) The committee while considering the

proposal and the project report, may call for

such other information from the sponsoring

body as it thinks proper for the purpose.

(4) The committee shall submit its report to

the Director within a period of three months

from the date of its constitution:

Provided that if the Committee could not

submit its report within such period for any

sufficient reasons to be recorded in writing, it

may submit its report to the Director within

such period as may be extended by the

Government.

6. Issuance of letter of intent and submission

of compliance report by sponsoring body.— (1)

After the receipt of the report of the committee

constituted under section 5, if the Government

is satisfied that it is proper to establish the

University, it may issue a ‘Letter of Intent’ and

required sponsoring body to;-

(i) establish an endowment fund in

accordance with the provisions of this Act;

(ii) own as much land and constructions

thereon as may be required by the

Government in its notification issued from

time to time;

(iii) own library, computers and other

equipment and the required infrastructure

facilities for running academic and research

activities as may be required by the

regulatory bodies and the Government from

time to time.

(iv) give an undertaking to appoint at

least one Professor, two Associate Professors

and adequate number of Assistant

Professors and Research Associates along

with necessary supporting staff in each

department or discipline to be started by

the University and as required by the

Regulatory Authority.

(v) give an undertaking to take up co-

curricular activities like seminars, debates,

quiz programs and extracurricular activities

like games, sports, National Service Scheme,

National Cadet Corps, Rovers and Rangers

etc., for the benefit of students as per the

instructions of the Regulatory Authority.

(vi) give an undertaking for establishment

of provident fund/National Pension Schemes

and to take up welfare programs for the

officers, teachers and employees of the

University; and

(vii) fulfil such other conditions and

provide such other information as may be

required by the Regulatory Authority and

the central regulatory bodies constituted by

the Government of India/Government of Goa

as the case may be.

(2) The sponsoring body shall after

complying with the provisions of section 3,

report the compliance to the Government

within a maximum period of two years from

the date of issue of the letter of intent.

(3) If the sponsoring body fails to comply

with the provisions of section 3, the

Government shall have power to withdraw the

letter of intent issued to the sponsoring body

under sub-section (1).

7. Permission to operate the University.—

The Government may, if satisfied, after

considering the compliance report submitted

under sub-section (2) of section 6 that the

sponsoring body has complied with the

provisions of section 3 by a notification

published in the Official Gazette, permit the

sponsoring body to operate the University

with such name and at such location as it may

deem fit.

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8. Incorporation of the University.— Every

University established under section 7 shall be

a body corporate by the name and shall have

perpetual succession and a common seal. It

shall have the power to acquire and hold

property both movable and immovable and to

make contract, and may sue and be sued by

the said name.

9. University to be self-financed.— The

University shall be self financed and shall not

be entitled to receive any grant or other

financial assistance from the Government.

10. Not authorized to grant affiliation.— The

University shall function as non-affiliating

University and shall not admit any college or

institution to the privilege of affiliation.

11. Starting of operations by the

University.— (1) The University shall start its

operations only after the Government issues a

letter of authorization for the commencement

of the functioning of the University.

(2) The Government shall issue the letter of

authorization receipt of an affidavit along with

documents from the sponsoring body to the

effect that all conditions referred to in section

3 have been fulfilled.

12. Objects of the University.— The objects

of the University shall be dissemination and

advancement of knowledge and skill for

providing instructional, research and

extension facilities in such branches of learning

as it may deem fit and the University shall

endeavour to provide to students and teachers

the necessary atmosphere and facilities for the

promotion of;-

(i)innovations in education leading to re-

structuring of courses, new methods of

teaching, training and learning including

online learning, blended learning etc.;

(ii) studies in various disciplines;

(iii) inter-disciplinary studies;

(iv) national integration, secularism, social

equality and inculcation of international

understanding and ethics;

(v) research and teachings and offer

continuing education programmes;

(vi) consultancy to industry and public

organisations;

(vii) arrangement for national and global

participation;

(viii) set up of campus centres, study

centres, and examination centres in the

State, subject to permission of regulatory

authority under any law made by

Parliament/State Assembly and any

regulations, rules, etc, made by the

regulating bodies;

(ix) centres of excellence for research and

development and for sharing knowledge

and its applications.

(x) establishment of main campus or

infrastructure in the State of Goa necessary

for the furtherance of its objects.

(xi) any other objectives as may be

approved by the Government.

Provided that notwithstanding anything

contained in this Act or as provided in any

Central Act, the University shall be eligible to

undertake the functions of disseminating

knowledge only in the fields subsequently

approved by the Government.

13. Powers of the University.— The

University shall have the following powers,

which it shall exercise as per the guidelines

and norms prescribed by University Grants

Commission and Government from time to

time, namely:—

(i)to provide for instruction in such

branches of learning as the University may

think fit and to make provisions for research

and for the advancement and dissemination

of knowledge;

(ii) to honor educational stalwarts and

persons of academic eminence with

decoration of professor Emeritus;

(iii) to grant, subject to such conditions

as the University may determine, diplomas

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or certificates to, and confer degrees or other

academic distinctions on the basis of

examinations, evaluation or any other

method of testing of persons, and to

withdraw any such diplomas, certificates,

degrees or other academic distinctions for

good and sufficient cause;

(iv) to confer honorary degrees or other

distinctions in such manner as may be

prescribed;

(v) to provide education and training

including correspondence courses, to such

persons, as it may determine;

(vi) to institute as per University Grants

Commission norms and Government

regulations Directorships, Principal-ships,

Professorships, Associate Professorships,

Assistant Professorships, and other teaching

or academic posts required by the

University and to make appointments for the

same;

(vii) to create administrative, ministerial

and other posts and to make appointments

thereto;

(viii) to appoint/engage persons of

eminence, working in any other University

or organization permanently or for a

specified period;

(ix) to co-operate, collaborate or associate

with any other University or Authority or

Institution in India and abroad in such

manner and for such purpose as the

University may determine;

(x) to establish and maintain schools,

centres, specialized laboratories in other

units for research and instructions as are in

the opinion of the University, necessary for

furtherance of its objects;

(xi) to institute and award fellowships,

scholarships, studentships, medals and

prizes;

(xii) to establish, maintain and supervise

residences, hostels within the campus of the

University and promote health and general

welfare activities for students and staff;

(xiii) to make provisions for research and

consultancy, and for that purpose to enter

into such arrangements with other

institutions or bodies as the University may

deem necessary;

(xiv) to declare a centre, an institution, a

department, or school, as the case may be,

in accordance with the Statutes;

(xv)

determine

standards

accordance with University Grants

Commission norms/State norms for

admission into the University, which may

include examination, evaluation or any other

method of testing to ensure quality;

(xvi) to demand and receive payment of

fees and other charges;

(xvii) to make special arrangements in

respect of women and other disadvantaged

students as the University may consider

desirable;

(xviii) to regulate and enforce discipline

among the employees and students of the

University and take such disciplinary

measures in this regards as may be deemed

necessary by the University;

(xix) to make arrangements for promoting

the health and general welfare of the

employees of the University;

(xx) to receive donations and to acquire,

hold, manage and dispose of any property,

movable or immovable for the welfare of the

University.

(xxi) to borrow, mortgage with the

approval of the Sponsoring Body on the

security of the property of the University,

money for the purposes of the University;

(xxii) to appoint either on contract or

otherwise, visiting professors emeritus

professors, consultants, fellows, scholars,

artists, course writers and such other

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persons who may contribute to the

advancement of the objects of the University;

(xxiii) to organize and to undertake

extramural studies and extension service;

and

(xxiv) to do all such other acts and things

as may be necessary, incidental or

conducive to the attainment of all or any of

the objects of the University.

14. Admission and Standards.— (1)

Admission to the different academic

programmes shall be made in accordance with

the Rules of Regulatory Authority of concerned

discipline of study and University Grants

Commission norms for the time being in force.

(2) The University shall ensure that the

academic standards of the courses offered by

the University are in accordance with the

guidelines of the University Grants

Commission and other statutory bodies, as the

case may be.

(3) The teacher-student ratio shall be in

accordance with the guidelines of the

University Grants Commission.

(4) Academic performance of the University

with respect to standards set by the University

Grants

Commission/Government/other

Regulatory Bodies shall be periodically

reviewed by a Committee of Academic Experts

constituted by the President consisting of one

Chairman and four members including two

members as nominees of the Government.

(5) The Chairman and other four expert

members shall be from academic field not

below the rank of Professor and from one of

the specialization run by the University. A copy

of the report along with the action taken by

the University shall be sent to the University

Grants Commission and Government and also

displayed in the public domain.

15. University open to all classes and

creeds.— The University shall be open to

persons of either sex and of whatever race,

creed, caste or class, and it shall not be lawful

for the University to adopt to impose on any

person any test whatsoever of his religious

belief or profession in order to entitle him to

be admitted therein as an officer, a teacher,

staff member, student, or to hold any office

therein or to graduate threat:

Provided that reservation in the posts and

recruitment of the employees and reservation

of seats for admission in any course of study in

the University for the students belonging to

the Scheduled Castes, Scheduled Tribes and

Other Backward Classes of citizens shall be

regulated by the Order of the Government

issued from time to time.

16. Officers of the University.— The following

shall be the officers of the University,—

(i) the President;

(ii) the Vice-Chancellor;

(iii) the Pro-Vice-Chancellor;

(iv) the Registrar;

(v) the Dean of Faculty;

(vi) the Controller of Examinations;

(vii) the Finance Officer; and

(viii) such other officers as may be

declared by the Statutes to be officers of the

University.

17. The President.— (1) The President shall

be appointed by the Governing Body of the

Sponsoring body for a period of five years in

consultation with the Government by

following such procedure and on such terms

and conditions as may be specified by the

Statutes.

(2) The President shall be the head of the

University and shall be the Chancellor of the

University.

(3) The President shall preside over the

meetings of the Governing Body and preside

over the convocation of the University.

(4) Before expiration of his tenure, the

President may be removed from his office with

the prior approval of the Government.

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(5) The President shall have the following

powers, namely:—

(a) to call for any information or record of

the University;

(b) to appoint the Vice-Chancellor;

accordance with the provisions laid down

in the Statutes with prior approval of the

Government;

(d) such other powers as may be specified

by the Statutes.

18. The Vice-Chancellor.— (1) The Vice-

Chancellor shall be appointed by the President

in consultation with the Government from a

panel of three persons recommended by the

Governing Body and shall, subject to the

provisions laid down in the Statutes and shall

hold office for a period of five years:

Provided that, after expiry of the said term

of five years, a person shall be eligible for re-

appointment as Vice-Chancellor for another

term of five years:

Provided further that no person shall hold

the office of Vice-Chancellor beyond sixty-five

years of his age.

(2) If, at any time, upon representation made

or otherwise, and after making such inquiry,

as may be deemed necessary, the situation so

warrants and if the continuance of the

Vice-Chancellor is not in the interest of the

University, the President with the prior

approval of the Government, may, by an order

in writing, ask the Vice-Chancellor to

relinquish his office from such date as may be

specified in the order:

Provided that before taking an action under

this sub-section, the Vice-Chancellor shall be

given an opportunity of being heard.

(3) The Vice-Chancellor shall be the

principal executive and academic officer of the

University and shall exercise powers of

general superintendence over the University.

(4) The Vice-Chancellor shall preside at the

convocation of the University in the absence

of the President.

(5) If, in the opinion of the Vice-Chancellor,

it is necessary to take immediate action on any

matter for which powers are conferred on any

other officer or authority by or under this Act,

he may take such action as he deems

necessary and shall at the earliest opportunity

thereafter report his action to such officer or

authority as would have in the ordinary course

dealt with the matter:

Provided that if in the opinion of the

concerned officer or authority such action

should not have been taken by the Vice-

Chancellor, then such case shall be referred

to the President whose decision thereon shall

be final:

Provided further that a person aggrieved by

the decision of the President shall, within a

period of three months from the date of

communication or knowledge of such decision,

have right to appeal before the regulatory

authority which shall decide the appeal in

accordance with the provisions of the Act and

the Statutes, Ordinances and Regulations made

thereunder and the decision of the Regulatory

Authority shall be final.

(6) The Vice-Chancellor shall exercise such

powers and perform such duties as may be

provided by the Act and the Statutes,

Ordinances and Regulations made thereunder.

19. The Pro-Vice Chancellor.— (1) The Pro-

Vice-Chancellor shall be appointed by the

Vice-Chancellor in such manner and shall

exercise such powers and perform such

functions as may be specified by the Statutes.

(2) The Pro-Vice Chancellor appointed under

sub-section (1) shall discharge his duties in

addition to his duties as a Professor.

(3) The Pro-Vice-Chancellor shall assist

the Vice-Chancellor in discharging day to day

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duties as and when required by the Vice-

Chancellor.

20. The Registrar.— (1) The Registrar shall

be appointed in such manner as may be

specified by the Statutes.

(2) The Registrar shall have the power to

enter into agreements, sign documents and

authenticate records on behalf of the

University and shall exercise such other

powers and perform such other functions as

may be specified by the Statutes.

(3) The Registrar shall be the ex-officio

Secretary of the Executive Council and the

Academic Council.

21. Dean of Faculty.— Every Dean shall be

appointed in such manner and shall exercise

such powers and perform such functions as

may be specified by the Statutes.

22. Finance Officer.— (1) The Finance Officer

shall be appointed in such manner and shall

exercise such powers and perform such duties

as may be specified by the Statutes.

(2) The Finance Officer shall be the Secretary

of Finance Committee.

23. Other Officers.— The manner of

appointment and powers and duties of other

officers of the University including the

Director of Students’ Welfare, Controller of

Examinations shall be such as may be specified

by the Statutes.

24. Authorities of the University.— The

following shall be authorities of the

University:—

(1) the Governing Body;

(2) the Executive Council;

(3) the Academic Council;

(4) the Finance Committee;

(5) the Planning Board;

(6) the Board of Faculties;

(7) the Examinations Committee; and

(8) such other body, council and committee

as may be declared by the Statutes to be the

authority of the University.

25. The Governing Body.— (1) The

Constitution of the Governing Body and the

term of office of its members shall be such as

may be specified by the Statutes.

(2) An officer of Higher Education

Department of the Government not below the

rank of the Deputy Director shall be the

member of the Governing Body.

(3) Subject to provisions of this Act, the

Governing Body shall discharge the following

functions, namely:—

(a) to review from time to time, the broad

policies and programs of the University and

suggest measures for the working,

improvement and development of the

University;

(b) to consider and pass resolutions on

the annual report and annual accounts of

the University and audit report of such

accounts;

any matter which may be referred to it for

advice;

(d) to perform such other functions as may

be specified by the Statutes.

26. The Executive Council.— (1) The

Executive Council shall be the principal

executive body of the University.

(2) The constitution of the Executive Council,

the term of the office of its members and its

powers and duties shall be such, as may be

specified by the Statutes.

(3) An officer of Higher Education

Department of the Government not below the

rank of the Deputy Director shall be the

member of the Executive Council.

(4) One Member from amongst the judicial

officers of the State not below the rank of

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District Judge nominated by the Government

shall be the member of the Executive Council.

27. Academic Council.— (1) The Academic

Council shall be the principal academic body

of the University and it shall, subject to the

provisions of this Act, the Statutes and

Ordinances, co-ordinate and exercise general

supervision over the academic policies of the

University.

(2) The constitution of the Academic Council,

the term of office of its members and its powers

and functions shall be such, as may be specified

by the Statutes.

28. Finance Committee.— (1) The Finance

Committee shall be the principal financial

body of the University to take care of the

financial matters.

(2) The constitution, the term of office of its

members and its powers and functions shall

be such, as may be specified by the Statutes.

29. Planning Board.— (1) The Planning

Board shall be the principal planning body of

the University. The Board shall ensure that the

infrastructure and academic support system

meets the norms of the University Grants

Commission or respective regulatory bodies.

(2) The constitution of the Planning Board,

term of office of its members and its powers

and functions shall be such, as may be specified

by the Statutes.

30. Board of Faculty, Admission Committee,

Examination Committee and other Authorities

of the University.— The constitution, the term

of office of members and powers and functions

of the Board of Faculties, the Admissions

Committee, the Examination Committee and

of such other authorities of the University

which may be declared by the Statutes to be

authorities of the University, shall be such, as

may be specified by the Statutes.

31. Disqualification for membership of the

authority.— A person shall be disqualified for

being a member of any authority of the

University, if he,-

(i) is of unsound mind and stands so

declared by a competent court;

(ii) is an undischarged insolvent;

(iii) has been convicted of any offense

involving moral turpitude;

(iv) has been punished for indulging in or

promoting unfair practice in the conduct of

any examination, in any form, anywhere;

(v) has any profit motive from University;

and

(vi) applies University fund for his

personal use.

32. Vacancies not to invalidate the

proceedings of any authority or body of the

University.— No decision, act or proceeding

of any authority or body of the University shall

be invalid merely by reason of any vacancy or

defect in the constitution thereof.

33. Filling up of emergent vacancies.— Any

vacancy arriving in the office of a member of

any authority or body of the University due to

death, resignation or removal of a member or

due to change of capacity in which he was

appointed or nominated, shall be filled up as

early as possible by the person or the body

who had appointed or nominated such a

member:

Provided that such person shall remain

member of such authority or body, for the

residue of the term of such member.

34. Committees.— The authorities or officers

of the University may constitute such

committees with such terms of reference as

may be necessary for specific tasks to be

performed by such committees. The

constitution of such committees and their

duties shall be such as may be determined by

the authority or officers constituting the

Committee.

35. Power to make statutes.— (1) The

Executive Council shall make the statutes of

carrying out the purposes of this Act.

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(2) Subject to the provisions of this Act, the

Statutes may provide for all or any of the

following matters, namely:-

(a) the constitution, powers and functions

of the authorities of the University, as may

be constituted from time to time;

(b) the appointment and continuance in

office of the members of the said authorities,

filling of vacancies of members and all other

matters relating to those authorities for

which it may be necessary to provide;

of the officers of the University and their

emoluments;

(d) the appointment of teachers of the

University and other academic and

administrative staff and their emoluments;

(e) the appointment of teachers and other

academic and administrative staff working

in the University or Institution for specific

period for undertaking a joint project;

(f)the conditions of service of employees

including provisions for retirement benefits,

insurance and provident fund, the manner

of termination of service and disciplinary

actions;

(g) the principles governing seniority of

service of employees;

(h) the procedure for settlement of

disputes between employees or students

and the University;

(i)the procedure for appeal to the

Executive Council by any employee or

students against the action of any officer or

other authority of the University;

(j) the conferment of honorary degrees;

(k) the withdrawal of degree, diploma,

certificate and other academic distinctions;

(l) the institution of fellowships,

scholarships, studentships, medals and

prizes;

(m) the maintenance of discipline among

the students;

(n) the establishment and abolition of

Department, Centres and other constituent

institutions/colleges etc;

(o) the delegation of powers vested in the

authorities or officers of the University; and

(p) all other matters which may be

specified by the Statutes.

(3) The Executive Council shall not make,

amend or repeal any Statute affecting the

powers or constitution of any authority of the

University until such authority has been given

an opportunity of expressing an opinion in

writing on the proposed changes and any

opinion so expressed shall be considered by

the Executive Council.

(4) Notwithstanding anything contained in

the foregoing sub-sections the President may

direct the University to make provisions in the

Statutes, in respect of any matter specified by

him and if the Executive Council is unable to

implement such a direction within sixty days

of its receipt, the President may, after

considering the reasons, if any, communicated

by the Executive Council for its inability to

comply

with

such

direction,

make

or amend the Statutes accordingly as he may

deem fit.

36. Power to make Ordinances.— (1) Subject

to the provisions of this Act and the Statutes,

the Ordinances shall be made by the Executive

Council which may provide for all or any of

the following matters, namely:

(a) the admission of students to the

University and their enrolment as such;

(b) the courses of study to be laid down

for all degrees, diplomas and certificates of

the University;

examination;

(d) the award of degree, diploma,

certificate and other academic distinction,

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the qualification for the same and the

procedure to be undertaken relating to

granting and obtaining the same;

(e) the fees to be charged for courses of

study in the University and for admission to

the examinations, degrees, diplomas and

certificates of the University;

(f) the conditions for the award of

fellowships, scholarships, studentships,

medals and prizes;

(g) the conduct of examinations, including

the term of office and manner of appointment

and the duties of examining bodies,

examiners and moderators;

(h) the conditions of residence of the

students of the University;

(i) the special arrangements, if any, which

may be made for the residence, discipline

and teaching of women students and

prescribing of special Interdisciplinary

Studies, Special Centres, Specialized

Laboratories and other Committees;

(j) the manner of co-operation and

collaboration with other Universities and

authorities including professional bodies or

associations;

(k) the creation, composition and

functions of any other body which is

considered necessary for improving the

academic stature of the University;

(l) the remuneration to be paid to the

examiners, moderators, invigilators and

tabulators; and

(m) such other terms and conditions of

service of teachers and other academic staff

as are not specified by the Statutes.

37. Annual Report.— (1) The annual report

of the University shall be prepared under the

directions of the Executive Council and shall

be submitted to the Court on or after such date

as may be specified by the Statutes and the

Court shall consider the report in its annual

meeting;

(2) The Court shall submit the annual report

to the President alongwith its comments, if any.

38. Annual Accounts.— (1) The annual

accounts and balance sheet of the University

shall be prepared under the directions of the

Executive Council and shall, at least once

every year and at intervals of not more than

fifteen months, be audited by an experienced

and qualified firm of Chartered Accountants

of repute.

(2) A copy of the annual accounts, together

with the audit report thereon, shall be

submitted to the Court and the President along

with the observations of the Executive Council.

(3) Any observations made by the President

on the annual accounts shall be brought to the

notice of the Court and the Executive Council

and the observations, if any, shall after review

by the Executive Council, be submitted to the

President and shall be put in the public

domain.

39. Regulatory Authority.— (1) There shall

be a Regulatory Authority called ‘the Goa

Private Universities Regulatory Authority’.

(2) The Regulatory Authority shall consist

of Chairperson and five members.

(3) The Chairperson of the Regulatory

Authority shall be appointed by the State

Government from amongst the eminent

persons having experience of academics or

administration. Five other members of the

Regulatory Authority shall be appointed by the

Government from different fields as mentioned

below:-

(i) One member shall be appointed from

the field of academics not below the rank of

a Professor of the Private University;

(ii) one Member from the field of

academics not below the rank of Professor

of the State University;

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(iii) one Member from the field of

administration not below the rank of the

Secretary to the State Government;

(iv) one Member from amongst the

serving or retired judicial officers of the State

not below the rank of District Judge; and

(v) Director of Higher Education shall be

Ex-officio Member-Secretary.

(4) Tenure of the Chairperson and the

members of the Regulatory Authority shall be

five years. Provided that the Chairperson and

the Members of the Regulatory Authority shall

cease to hold office after attaining the age of

70 years.

(5) In the event of any vacancy in the

Regulatory

Authority

due

death,

resignation, physical or mental incapacity,

frequent or long absenteeism or misbehaviour

or misconduct of the Chairperson or member

of the Regulatory Authority, the Government

shall take steps to fill up the vacancy as early

as possible. Provided that no decision of the

Regulatory Authority shall be invalid for any

vacancy in the Authority.

(6) The Chairperson or the Member of the

Regulatory Authority may resign from his

office by tendering his resignation in writing

to the Government and shall cease to hold his

office from the date of acceptance of his

resignation.

(7) The Government shall have power to

remove the Chairperson or any member of the

Regulatory Authority for his misbehaviour,

misconduct, physical or mental incapacity and

frequent or long absenteeism.

(8) The Regulatory Authority shall, subject

to approval of the Government, make rules for

conduct of its own business.

(9) The emoluments, allowances and

facilities to be provided to the Chairperson,

members and staff of the Regulatory Authority

shall be decided by the Government.

(10) The Chairman, members and the

member secretary of the Regulatory Authority

shall be public servants and no suit or legal

action in any civil court shall lie against them

for any decision or act performed by them in

discharge of their duties under this Act or the

Rules, Statutes, Ordinances and Regulations.

40. Powers of the Regulatory Authority.—

(1) For the purposes of ascertaining the

standards of teaching, examination and

research or any other matter relating to the

University, the Regulatory Authority may

cause an assessment to be made in such

manner as it deems proper.

(2) The Regulatory Authority shall

communicate

the

University

its

recommendations in regard to the result of

such assessment and issue directives to the

University for corrective action. The University

shall adopt such corrective measures and

ensure compliance of the recommendations.

(3) If the University fails to comply with the

recommendations made under sub-section (2)

within a reasonable time, the Regulatory

Authority may give such directions as it may

deem fit for such compliance.

(4) The records of the students admitted to

the different courses of the University and their

results shall be provided to the Regulatory

Authority. Final degree shall be conferred to

the students with approval of the Regulatory

Authority as per the provisions of the rules

framed under this Act.

41. Conditions of service of employees.— (1)

Every employee of the University shall be

appointed/engaged as per provisions of the

Statutes.

(2) Any dispute arising between the

University and any of the employees appointed

substantively, shall be referred to the Vice

Chancellor who shall decide the dispute after

giving an opportunity of being heard to the

employee within three months from the date

of its reference.

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(3) Any dispute in respect of any employee

engaged temporarily or on ad-hoc or part time

or casual basis shall be heard and decided by

the Vice-Chancellor.

(4) Any person aggrieved by the Order of

the Vice-Chancellor may prefer an appeal to

the President. The decision of the President in

such an appeal shall be final.

42. Right to Appeal.— (1) Any student or

candidate for an examination, whose name has

been removed from the rolls of the University

by the order or resolution of the Academic

Council or Controller of Examinations, as the

case may be, and who has been debarred from

appearing at the examinations of the

University for more than one year, may within

ten days of the date of receipt of such order or

copy of such resolution appeal in writing to

reverse the decision to the Vice-Chancellor of

the University.

(2) Any decision taken by the Vice-

Chancellor shall be final.

43. Employees Provident Fund and

Pensions.— The University may constitute for

the benefit of its employees such pension or

welfare schemes or Provident Fund or provide

such insurance schemes as it may deem fit in

such manner and subject to such conditions

as may be decided by the Executive Council.

44. Disputes as to the constitution of

Authorities and bodies.— If, any question

arises as to whether any person has been duly

nominated 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

President whose decision thereupon shall be

final.

45. Constitution of Committees.— Where

any authority of the University is given power

under this Act or the Statutes to appoint

Committees, such Committees shall save as

otherwise provided, consist of the members

of the authority concerned and of such other

persons as the authority in each case may

think fit.

46. Filling of the vacancies.— All vacancies

among the members (other than ex-officio) of

any authority or other body of the University

shall be filled as soon as may be convenient

by the person or body who appointed,

nominated or co-opted the member whose

place has become vacant and the person

appointed, to a casual vacancy shall be a

member of such authority or body for the

residue of the term for which the person whose

place he fills would have been a member.

47. Invalidity of proceeding.— No act or

proceedings of any authority of the University

shall be invalid merely by reason of the

existence of a vacancy or vacancies among its

members.

48. Mode of proof of University records.— A

copy of any receipt, application, notice, order,

proceeding, resolution of any authority or

Committee of the University or other

documents in possession of the University, if

certified by the Registrar, shall be received as

prima-facie evidence of such receipt,

application, notice, order, proceeding or

resolution, document or the existence of entry

in the register and shall be admitted as

evidence of the matters and transactions

therein where the original thereof would, if

produced have been admissible in evidence.

49. Publication of Statutes and Ordinance.—

(i) Every Statute or Ordinance made under this

Act shall be in writing and shall be made

available in public domain.

(ii) Each new Statute or Ordinance made

under this Act shall be enforced as soon as it

is made by the competent authority.

50. Permanent Endowment Fund.— (i) The

Sponsoring body shall establish a permanent

Endowment Fund of at least rupees five crores.

(ii) The Endowment Fund shall be used as

security deposit to ensure that the University

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complies with the provisions of this Act and

functions as per provisions of this Act, the

Statutes and the Ordinances. The Government

shall have the power to forfeit part or whole of

the Endowment Fund in case the University

or the sponsoring body contravenes the

provisions of this Act, the Statutes, the

Ordinances, the regulations or the rules made

thereunder.

(iii) The University may utilize the income

from Endowment Fund for the development

of infrastructure of the University and not for

meeting the recurring expenditure of the

University.

(iv) The amount of Endowment Fund shall

be invested in such instruments as the

Government may prescribe and kept invested

until the dissolution of the University.

(v) In case of investment in long term

security, the certificates of the securities shall

be kept in the safe custody of the Government

and in case of deposit in the interest bearing

Personal Deposit account in the Government

Treasury, deposit shall be made with the

condition that the amount shall not be

withdrawn without the permission of the

Government.

51. General Fund.— (1) The University shall

establish a general fund to which the following

amount shall be credited, namely:—

(a) all fees which may be charged by the

University;

(b) all sums received from any other

sources;

Society; and

(d) all contributions made in this behalf

by any other person or bodies which are not

prohibited by any law for the time being in

force.

(2) The money credited to the general fund

shall be applied to meet all the recurring

expenditures of the University.

52. Development Fund.— (1) The University

shall also establish a development fund to

which the following moneys shall be credited,

namely:—

(a) development fees, which may be

charged from students;

(b) all sums received from other sources

for the purpose of the development of the

University;

(d) all contributions made in this behalf

by any other person or bodies which are not

prohibited by any law for the time being in

force; and

(e) all incomes received from the

permanent endowment fund.

(2) The moneys credited to the development

fund from time to time shall be utilized for the

development of the University.

53. Maintenance of Funds.— The funds

established under this Act shall subject to

general supervision and control of the Court

be regulated and maintained in such manner

as may be specified by the Statutes.

54. Financial Condition.— The University

shall not be eligible for any grants-in-aid or any

financial assistance from the Government or

any other body or Corporation owned and

controlled by the Government.

55. Fees.— (1) The fees charged for different

academic programmes shall be in accordance

with laws for the time being in force and such

fee structure shall be put in public domain.

(2) The Executive Council, subject to

approval of the President, may, from time to

time, determine or alter the fee chargeable from

students and others enrolled with the

University for purposes of imparting education,

instruction, research or training and similar

other purposes:

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Provided that no fees can be increased after

the admission of a student in a course except

the increase is proportionate to the increase

percentage of dearness allowance of the

employees of the University.

(3)

The

Executive

Council

shall

communicate the prescribed fee structure to

the Regularity Authority. The Regulatory

Authority may suggest changes in the fee

structure prescribed by the Executive Council.

(4) The Executive Council shall consider the

changes suggested under sub-section (3) by

the Regulatory Authority and communicate its

views to the Regulatory Authority within a

period of one month from the date of obtaining

the suggestions of the Regulatory Authority

under sub-section (3). On expiry of two

months time the fee structure submitted by the

executive council to the Regulatory Authority

shall be deemed to be final.

56. Convocation.— The convocation of the

University shall be held in every academic

year in the manner as may be specified by the

Statutes and Ordinances for conferring

degrees, diplomas or for any other purpose.

57. Power of Government to call for

information and records.— (1) It shall be the

duty of the Regulatory Authority or University

or any authority/officer of the University to

furnish such information or records relating to

the administration or finance and other affairs

of the University as the Government may call

for.

(2) The Government, if it is of the view that

there is violation of the provisions of this Act

or the Statutes or Ordinances made

thereunder, may issue such directions to the

Regulatory Authority or the University as it

may deem necessary.

58. Dissolution of University.— (1) Where the

University proposes its dissolution, it shall give

at least six months written notice to the

Government.

(2) On receipt of notice referred to in sub-

section (1) the Government shall make such

arrangements for administration of the

University from the date of dissolution of the

University and until the last batch of students

in regular courses of studies of the University

complete their courses or studies in such

manner as may be specified in the Statutes.

59. Expenditure of the University during

dissolution.— (1) The expenditure for

administration of the University during the

taking over the liabilities of the University shall

be met out of the Permanent Endowment

Fund, the general fund and the development

fund.

(2) If the funds referred to in sub-section (1)

are not sufficient to meet the expenditure of

the University during the taking over the

liabilities of the University such expenditure

may be met by disposing off the properties or

assets of the University by the Government.

60. Power of the Government to issue

directions on policy matters.— (1) The

Government through the Department of Higher

Education may issue such directions from time

to time to the University on policy matters not

inconsistent with the provisions of this Act as

it may deem necessary. Such directions shall

be complied with by the University, failing

which, the Government may take action

against the University, in accordance with the

Rules framed under this Act.

61. Status of Assets/ Liabilities on dissolution

/de-recognition.— All assets and properties

including permanent endowment fund,

general fund or any other fund and also the

liabilities of the University shall belong to the

Society in case of dissolution of the University.

62. Special powers of the Regulatory

Authority and the Government in certain

circumstances.— (1) If, it appears to the

Regulatory Authority that the University has

contravened any of the provisions of this Act

or Statutes or Ordinances made thereunder or

has violated any of the directions issued by it

under this Act or has ceased to carry out any

of the undertakings given under sub-section

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(1) of section 6 or a situation of financial

mismanagement or maladministration has

arisen in the University, it shall issue notice

requiring the University to show cause within

forty-five days as to why an order of its

dissolution should not be made.

(2) If the Regulatory Authority, on receipt of

reply of the University on the notice issued

under sub-section (1), is satisfied that there is

a prima facie case of contravention of any of

the provisions of this Act or the Statutes or

Ordinances or Regulations made thereunder

or of violation of directions issued by it under

this Act or of ceasing to carry out any of the

undertakings

given

financial

mismanagement or maladministration, it shall

make an order of such enquiry as it may

consider necessary.

(3) The Regulatory Authority shall, for the

purposes of any enquiry under sub-section (2),

appoint an inquiry officer or enquiry

committee to inquire into any of the allegations

and to make report thereon.

(4) The inquiry officer or the enquiry

committee appointed under sub-section (3)

shall have the same powers as are vested in a

Civil Court under the Civil Procedure Code,

1908 (Act of 1908) while trying a suit in respect

of the following matters, namely:—

(a) summoning and enforcing the

attendance of any person and examining

him on oath;

(b) requiring the discovery and

production of any such document or any

other material as may be necessary in

evidence;

any office; and

(d) any other matter which may be

prescribed by the Government from time to

time.

(5) The inquiry officer or enquiry committee

inquiring under this Act shall be deemed to

be a Civil Court for the purposes of section 195

and Chapter 26 of the Code of Criminal

Procedure, 1973 (Act No. 2 of 1974).

(6) On receipt of the enquiry report from the

enquiry officer or the enquiry Committee

appointed under sub-section (3), if the

Regulatory Authority is satisfied that the

University has contravened all or any of the

provisions of this Act or the Statutes or

Ordinances or Regulations made thereunder

or has violated any of the directions issued by

it under this Act or has ceased to carry out

the undertakings given by it or a situation of

financial

mismanagement

and

mal-

-administration has arisen in the University

which threatens the academic standard of the

University, it shall make recommendations to

the Government for liquidation of the University

and shall appoint an Administrator.

(7) The Administrator appointed under sub-

-section (6) shall have all the powers and be

subjected to all the duties of the Executive

Council and the Governing Body under this

Act and shall administer the affairs of the

University until the last batch of the students

of the regular courses have completed their

courses and they have been awarded degrees,

diplomas or awards, as the case may be.

(8) After having been awarded the degrees,

diplomas or awards, as the case may be, to

the last batches of the students of the regular

courses, the Administrator shall make a report

to the effect to the Regulatory Authority and

the Government.

(9) On receipt of the report under sub-

-section (8), the Government shall, by a

notification in the Official Gazette, issue an

order dissolving the University and from the

date of publication of such notification in the

Official Gazette, the University shall stand

dissolved and all the assets and liabilities of

the University shall vest in the sponsoring body

from such date.

63. Power to make rules.— (1) The

Government may, by notification, make rules

for carrying out the provisions of this Act.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 49

(EXTRAORDINARY)

5TH MARCH, 2020

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(2) Every rule made under this section shall,

as soon as may be after it is made, be laid

before the State Legislature.

64. Power to remove difficulties.— (1) If any

difficulty arises in giving effect to any of the

provisions of this Act, the Government may,

by order not inconsistent with the provisions

of this Act, remove the difficulty.

Provided that no such order shall be made

after the expiration of a period of two years

from the date of commencement of this Act.

(2) Every order made under this section

shall, as soon as may be after it is made, be

laid before the Legislative Assembly of Goa.

65. Disputes to be settled in a Court in Goa.—

All disputes arising as a result of the provisions

made in the Act shall be settled by a Court of

law in the State of Goa.

Secretariat,

CHOKA RAM GARG

Porvorim-Goa

Secretary to the

Dated: 05-03-2020.

Governor of Goa,

Law Department

(Legal Affairs).

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