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State Universities Act, 2000 (29 of 2001) Chapter XIV - Bare Act

State

Karnataka Government

Year

Section Title

Miscellaneous and Transitory Provisions

Act Info:



(1) The final authority responsible for maintenance of discipline among the students of the University shall be the Vice-Chancellor. His directions in that behalf shall be carried out by the heads of colleges, hostels and other institutions.

(2) Notwithstanding anything contained in sub-section (1),-

(a) the punishment of debarring a student from examinations shall, on the report of Vice-Chancellor be considered and imposed by the Syndicate: and

(b) the punishment of rustication from a college or a hostel or an institution shall be, imposed by the head of the college or hostel or institution concerned.

(3) No resolution of any Authority or body of the University shall be deemed invalid on account of any irregularity in the service of notice upon any member:

Provided that the proceedings of such authority or body were not prejudicially affected by such irregularity.


Section 78 - Act to prevail over other enactments

This Act and Statute or Regulation or Rules or Ordinance made thereunder shall in respect of any college in the University Area have effect notwithstanding anything inconsistent therewith contained in any other enactment with respect to matters enumerated in List II of the Seventh Schedule to the Constitution of India.


Section 79 - Protection of act done in good faith

No suit or other legal proceeding shall lie against and no damages shall be claimed from, the University or its authorities, bodies or officers for anything which is in good faith done or intended to be done in pursuance of this Act, the Statutes, Ordinances, Regulations or Rules made thereunder.


Section 80 - Act and proceedings not invalidated merely on the ground of defect in constitution, vacancy, etc.

Notwithstanding that the Syndicate or the Academic Council or any other authority or body of the University is not duly constituted or there is a defect in its constitution or reconstitution at any time and notwithstanding that there is a vacancy in the membership of any such authority or body, no act or proceeding of such authority or body shall be invalidated merely on any such ground or grounds.


Section 81 - Relations of affiliated colleges with the University

The relation of the affiliated colleges with the University shall be governed by the Statutes to be made in that behalf and such Statutes shall provide in particular for the exercise by the University of the following powers in respect of the college affiliated to the University to co-ordinate and regulate the facilities provided and expenditure incurred by such colleges in regard to libraries, laboratories and other equipment for teaching and research.


Section 82 - Transfer of Government colleges to the University

(1) The State Government may, by order, published in the official Gazette, transfer to the University with effect from such date and subject to such conditions as may be specified in the order, any of its colleges, any hostel or other building of such colleges and the articles of furniture, library, books, laboratory, stores, instruments, apparatus, appliances and equipments of such college. Upon the publication of such order, the college shall become a college maintained and administered by the University as its college and the properties mentioned in the order shall become the properties of the University;

(2) Nothing in this Act shall be deemed to authorise the University to sell, lease, exchange or otherwise dispose of any land or building transferred to the University under sub-section (1).

(3) Where any college has been transferred to the maintenance and control of the University by an order made under sub-section (1) then, notwithstanding anything contained in this Act all members of the teaching staff and other employees of the State Government who, immediately before the date of the publication of the said order, were serving in or were attached to the college shall stand transferred to the appropriate cadre or category of posts in the University:

Provided that in the event of transfer of college to the University, an opportunity shall be afforded to the employees serving in such a college to exercise their option either to continue in the services under the State or to be absorbed in the services of the University.


Section 83 - Continuance of Statutes, Regulations, Ordinances, etc.

(1) Until the Statutes, Ordinances Regulations and Rules are made under the appropriate provisions of this Act, the Statutes, Ordinances, Regulations and Rules which were made under provisions of the Karnataka State Universities Act, 1976 and in force immediately before the commencement of this Act, shall subject to such adaptations or modifications as may be made therein by the Vice-Chancellor with the approval of Chancellor obtained through the State Government and in so far as they are not inconsistent with the provisions of this Act be deemed to be Statutes, Ordinances, Regulations and Rules made under the appropriate provisions of this Act.

(2) The person holding the office of the Vice-Chancellor of the University established under the Karnataka State Universities Act, 1976, on the date of the commencement of this Act shall continue to hold office till such date he would have held that office, if this Act had not been passed.


Section 84 - Transitory Provisions

Notwithstanding anything contained in this Act, the Vice-Chancellor may, with the previous approval of the Chancellor discharge all or any of the functions of the University for the purpose of carrying out the provisions of this Act, and for that purpose may exercise any powers or perform any duties which by this Act are to be exercised or performed by any Authority of the University until such authority comes into existence as provided by this Act.


Section 85 - Power to remove difficulties

(1) If any difficulty arises as to the first constitution or reconstitution of any authority of the University or giving effect to the provisions of this Act, the State Government may by notification, make such provision not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty:

Provided that no such notification shall be issued after the expiry of five years from the date of commencement of this Act.

(2) Every notification issued under sub-section (1) shall be laid as soon as may be after it is issued, 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 sessions, and if before the expiry of the said period, either House of the State Legislature makes any modification in any notification or directs that any notification shall not have effect, and if the modification or direction is agreed to by the other House, such notification 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 notification.


Section 86 - Repeal and Savings

The Karnataka State Universities Act, 1976 (Karnataka Act 28 of 1976) is hereby repealed:

Provided that the provisions of section 6 of the Karnataka General Clauses Act, 1899 shall be applicable in respect of the repeal of the said enactment and the provisions of the said law and sections 8 and 24 of the said Act shall be applicable as if the said enactment and provisions had been repealed and re-enacted by this Act.





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