Kannada University Act, 1991 Chapter 2 - Bare Act |
| State | Karnataka Government |
| Year | 1991 |
| Section Title | The University |
(1) For furthering the advancement of learning and prosecution of research in Kannada there shall be established a University by the name "The Kannada University".
(2) The University shall be a body corporate and shall have perpetual succession and a common seal and shall sue and be sued by the said name.
(3) The University shall be of the unitary and residential type.
(4) No institution affiliated to, or associated with, or maintained by any other University in the State shall be recognised by the University for any purpose, except with the prior approval of the Government and the concerned University.
(5) The headquarters of the University shall be located within the limits of the Kamalapur Municipality or in any place within a radius of ten kilometers around those limits.
The University shall have the following objects, namely:-
(1) to function as a high-level research centre in Kannada language and literature;
(2) to impart training to those residing within and beyond India who desire to study Kannada language and literature;
(3) to facilitate and regulate advanced study and research in fields like Art, Culture, Music, Stage-plays, Painting, Sculpture, Folk Arts, Archaeology, Architecture, Literature, Grammar, Linguistics, History, Religion, Philosophy, Geography, Soil Sciences, Astronomy, Navigation and Shipping, Astrology, Siddha Medicine, Engineering Science and Handicrafts that have developed on the basis of the Kannada language and literature;
(4) to translate books in other languages into Kannada according to the needs in consonance with the objectives of the University, and also to translate books in Kannada into other languages;
(5) to preserve and publish palm leaf manuscripts and rare ancient books;
(6) to search for and compile epigraphs relating to Kannada language and literature, Kannada Culture and History of the Kannadigas and publish them with its findings based on research;
(7) to compile and publish Kannada words, expressions, colloquial terms, words peculiar to industries and agriculture, which are used by the Kannadigas in Karnataka and in other countries where the Kannadigas live;
(8) to provide for research in Kannada language and literature in the ancient times with an eye on future scientific developments;
(9) to provide for research and determine the procedure regarding development of Kannada language and literature embodying in itself all the educational fields existing in the developing world and evolving suitable approach therefor;
(10) to institute studies in Kannada language and literature in relation to other Indian culture;
(11) to organise advanced studies and research programme based in a deep understanding of the trends in Kannada language and literature;
(12) to promote archaeology in all its varied aspects with a view to resurrecting and re-discovering the ancient Kannada culture;
(13) to document the monuments in the State so as to facilitate future research;
(14) to project Kannada culture, expressed through art, architecture, sculptures, paintings, iconography, epigraphy, theatre, dance, music, tribal-art, religion, philosophy of life, social movement; etc;
(15) to document, analyse and preserve traditional, tribal folk- art forms and performing arts;
(16) to develop Kannada as a medium of instruction in relation to modern advances in sciences and technology;
(17) to foster comparative studies of Kannada with other dravidian and aryan languages;
(18) to build a museum that would store classic objects and artefacts of Karnataka.
The University shall have the following powers, namely:-
(1) to institute degrees, diploma and other academic distinctions, irrespective of their religion, race, creed, caste, sex or class or any of them;
(2) to confer degrees, diploma and other academic distinctions on persons who shall have carried out research in the University or in any other institution or centre recognised by the University under conditions prescribed;
Explanation.- For the purpose of this clause and other provisions of this Act, institution or centre recognised by the University shall mean an institution or a centre situated in India or in other countries, recognised by the University for the purpose of furthering the objects of the University;
(3) to confer honorary degrees or other academic distinctions in the prescribed manner and under conditions prescribed;
(4) to supervise and control hostels and to regulate and enforce discipline among the students of the University and to make arrangements for promoting their health and general welfare;
(5) to prescribe conditions under which the award of any degree, diploma and other academic distinctions to persons may be withheld;
(6) to co-operate with any other university, authority or association or any other public or private body having in view the promotion of purposes and objects similar to those of the University for such purposes as may be agreed upon, on such terms and conditions, as may, from time to time, be prescribed;
(7) to establish and maintain University libraries, research stations, museums for research and publication bureau;
(8) to institute research posts and to appoint persons to such posts;
(9) to institute and award fellowships, including travelling fellowships, scholarships, medals and prizes in the manner prescribed;
(10) to establish, maintain or recognise hostels for students of the University and residential accommodation for the staff of University and to withdraw any such recognitions;
(11) to fix fees and to demand and receive such fees as may be prescribed;
(12) to hold and manage endowments and other properties and funds of the University;
(13) to borrow money with the approval of the Government on the security of the property of the University for the purpose of the University.
(14) to enter into agreement with other bodies or persons for the purpose of promoting the objectives of the University including the assuming of the management of any institution under them and the taking over of the rights and liabilities.
(1) The University shall subject to the provisions of this Act and the statutes, be open to all persons.
(2) Nothing contained in sub-section (1) shall require the University,-
(a) to admit to any course of study any person who does not possess the prescribed academic qualification or standard;
(b) to retain on the rolls of the University any student whose academic record is below the minimum standard required for the award of a degree, diploma or other academic distinction; or
(c) to admit any person or retain any student whose conduct is prejudicial to the interests of the University or the rights and privileges of other students and teachers.
(1) A person shall be disqualified for election or nomination as a member of any of the authorities of the University, if on the date of such election or nomination, he is,-
(a) of unsound mind, deaf, mute or suffering from leprosy; or
(b) an applicant to be adjudicated as an insolvent or an undischarged insolvent; or
(c) sentenced by a criminal court to imprisonment for any offence involving moral turpitude.
(2) In case of dispute or doubt, the Executive Council shall determine whether a person is disqualified or not under sub-section (1) and its decision shall be final.
(1) Notwithstanding anything contained in section 19 or 22, no person who has held office as a member for a total period of six years in any one or both of the following authorities, namely:-
(a) the Governing Council; and
(b) the Executive Council
shall be eligible for nomination to any of the said two authorities.
Explanation.- For the purpose of computing the total period of six years referred to in this sub-section, the period of three years during which a person held office in one authority by nomination and the period of three years during which he held office in another authority by nomination shall be taken into account, and accordingly such person shall not be eligible for nomination to any one of the said two authorities: Provided that for the purposes of this sub-section, a person who has held office in any one of the said two authorities in a casual vacancy, shall be deemed to have held office for a period of three years in that authority:
Provided further that for the purposes of this sub-section if a person is nominated to one authority and such person becomes a member of another authority by virture of the membership in the first mentioned authority, the period for which he has held office in first mentioned authority alone shall be taken into account.
(2) Nothing in sub-section (1) shall have application in respect of,-
(a) members referred to in sub-section (1), of section 19 not including members of the Executive Council who are not otherwise members of the Governing Council referred to in item (g); and
(b) members referred to in clauses (a) to (d) of sub-section (1) of section 22.
(1) The Chancellor shall have the right to cause an inspection or inquiry to be made, by such person or persons as he may direct, of the University, its buildings, University libraries, museums and equipments, and of any institutions maintained or recognised by the University and also of the research, teaching and other work conducted or done by the University, and to cause an inquiry to be made in respect of any matter connected with the University. The Chancellor shall in every case give notice to the University of his intention to cause such inspection or inquiry to be made and the University shall be entitled to be represented thereat.
(2) The Chancellor shall communicate to the Executive Council his views with reference to the results of such inspection or inquiry and may after ascertaining the opinion of the Executive Council thereon advice the University upon the action to be taken and fix a time limit for taking such action.
(3) The Executive Council shall report to the Chancellor the action, if any, which is proposed to be taken or has been taken upon the results of such inspection or inquiry. Such report shall be submitted within such time as the Chancellor may direct.
(4) Where the Executive Council does not take action to the satisfaction of the Chancellor within the time limit as may be fixed under sub-section (2), the Chancellor may, after considering any explanation furnished or representation made by the Executive Council issue, such directions as he may think fit and the Executive Council shall comply with such directions. In the event of the Executive Council not complying with such directions within such time as may be fixed in that behalf by the Chancellor, the Chancellor shall have power to appoint any person or body to comply with such directions and make such orders as may be necessary for the expenses thereof.
The University shall consist of the following officers, namely:-
(1) The Chancellor,
(2) The Pro-Chancellor,
(3) The Vice-Chancellor,
(4) The Dean of Faculties,
(5) The Registrar,
(6) The Finance Officer, and.
(7) Such other persons as may be declared by the statutes to be officers of the University.
(1)1[The Governor of Karnataka] shall be Chancellor of the University. He shall by virture of his office be the head of the University and shall when present, preside at any convocation of the University and confer degrees, diploma or other academic distinctions upon persons entitled to receive them.
(2) Where power is conferred upon the Chancellor to nominate persons to the authorities, the Chancellor shall to the extent necessary, nominate persons to represent interests not otherwise adequately represented.
(3) The Chancellor may on his own motion or on application call for and examine the record of any officer or authority of the University in respect of any proceedings to satisfy himself as to the regularity of such proceedings or the correctness, legality or propriety of any decision taken or order passed therein; and, if, in any case it appears to the Chancellor that any such decision or orders should be modified, annulled, revised or remitted for reconsideration, he may pass orders accordingly:
Provided that every application to the Chancellor for the exercise of the powers under this section shall be preferred within three months from the date on which the proceedings, decision or order to which the application relates was communicated to the applicant;
Provided further that no order prejudicial to any person shall be passed unless such person has been given an opportunity of making his representation.
(4) The Chancellor shall exercise such other powers and perform such other duties as may be conferred on him by or under this Act.
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1. Substituted by Act 19 of 1999 w.e.f. 29.4.1999.
(1)1[The Governor of Karnataka] shall be Chancellor of the University. He shall by virture of his office be the head of the University and shall when present, preside at any convocation of the University and confer degrees, diploma or other academic distinctions upon persons entitled to receive them.
(2) Where power is conferred upon the Chancellor to nominate persons to the authorities, the Chancellor shall to the extent necessary, nominate persons to represent interests not otherwise adequately represented.
(3) The Chancellor may on his own motion or on application call for and examine the record of any officer or authority of the University in respect of any proceedings to satisfy himself as to the regularity of such proceedings or the correctness, legality or propriety of any decision taken or order passed therein; and, if, in any case it appears to the Chancellor that any such decision or orders should be modified, annulled, revised or remitted for reconsideration, he may pass orders accordingly:
Provided that every application to the Chancellor for the exercise of the powers under this section shall be preferred within three months from the date on which the proceedings, decision or order to which the application relates was communicated to the applicant;
Provided further that no order prejudicial to any person shall be passed unless such person has been given an opportunity of making his representation.
(4) The Chancellor shall exercise such other powers and perform such other duties as may be conferred on him by or under this Act.
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1. Substituted by Act 19 of 1999 w.e.f. 29.4.1999.
(1) The Minister incharge of the Higher Education in the State of Karnataka shall be the Pro-Chancellor of the University.
(2) The Pro-Chancellor shall exercise such powers and perform such duties as may be conferred on him by or under this Act.
1[(1) Appointment of the Vice-Chancellor shall be made by the Chancellor on the recommendation of the Government under sub-section (2).
1[(2) The Government shall, for the purpose of sub-section (1), constitute a Search Committee, consisting of three persons of whom, one shall be nominated by the Executive Committee. One shall be nominated by the University Grants Commission and one shall be nominated by the Government. The Search Committee shall submit to the Government a panel consisting of names of three persons in alphabetical order. Such panel shall not contain the name of any member of the said Committee. The Government shall recommend to the Chancellor, the name of one of the three persons in the said panel for being appointed as the Vice Chancellor. The Government may, if necessary obtain a new panel from the Search Committee. Accordingly, upon such requisition by the Government the Search Committee shall submit to the Government a new panel of names of three persons:
Provided that,-
(a) the person so nominated shall not be a member of any of the authorities of the University;
(b) the person so nominated by the Chancellor shall convene the meetings of the committee;
(3) The Vice-Chancellor shall hold office for a period of three years and shall be eligible for re-appointment for a further period of three years:
Provided that no person shall hold office of the Vice-Chancellor for more than six years in the aggregate:
Provided further that,-
(a) the Chancellor may direct that a Vice-Chancellor whose term of office has expired, shall continue in office for such period, not exceeding a total period of one year, as may be specified in the direction;
(b) The Vice-Chancellor may, by writing under his hand addressed to the Chancellor and after giving two months notice, resign his office:
Provided also that a person appointed as Vice-Chancellor shall retire from office, if, during the term of his office or any extension thereof, he completes the age of sixty five years.
(4) When any temporary vacancy occurs in the office of the Vice-Chancellor or when the Vice-Chancellor is by reason of absence or for any other reason, unable to exercise the powers and perform the duties of his office, the senior most Professor of the University shall exercise the powers and perform the duties of the Vice-Chancellor till the Executive Council with the approval of the Chancellor makes the requisite arrangements for exercising the powers and performing the duties of the Vice-Chancellor.
(5) The emoluments and other terms and conditions of service of the Vice-Chancellor may be such as determined by the Chancellor.
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1. Substituted by Act 19 of 1999 w.e.f. 29.4.1999.
1[(1) Appointment of the Vice-Chancellor shall be made by the Chancellor on the recommendation of the Government under sub-section (2).
1[(2) The Government shall, for the purpose of sub-section (1), constitute a Search Committee, consisting of three persons of whom, one shall be nominated by the Executive Committee. One shall be nominated by the University Grants Commission and one shall be nominated by the Government. The Search Committee shall submit to the Government a panel consisting of names of three persons in alphabetical order. Such panel shall not contain the name of any member of the said Committee. The Government shall recommend to the Chancellor, the name of one of the three persons in the said panel for being appointed as the Vice Chancellor. The Government may, if necessary obtain a new panel from the Search Committee. Accordingly, upon such requisition by the Government the Search Committee shall submit to the Government a new panel of names of three persons:
Provided that,-
(a) the person so nominated shall not be a member of any of the authorities of the University;
(b) the person so nominated by the Chancellor shall convene the meetings of the committee;
(3) The Vice-Chancellor shall hold office for a period of three years and shall be eligible for re-appointment for a further period of three years:
Provided that no person shall hold office of the Vice-Chancellor for more than six years in the aggregate:
Provided further that,-
(a) the Chancellor may direct that a Vice-Chancellor whose term of office has expired, shall continue in office for such period, not exceeding a total period of one year, as may be specified in the direction;
(b) The Vice-Chancellor may, by writing under his hand addressed to the Chancellor and after giving two months notice, resign his office:
Provided also that a person appointed as Vice-Chancellor shall retire from office, if, during the term of his office or any extension thereof, he completes the age of sixty five years.
(4) When any temporary vacancy occurs in the office of the Vice-Chancellor or when the Vice-Chancellor is by reason of absence or for any other reason, unable to exercise the powers and perform the duties of his office, the senior most Professor of the University shall exercise the powers and perform the duties of the Vice-Chancellor till the Executive Council with the approval of the Chancellor makes the requisite arrangements for exercising the powers and performing the duties of the Vice-Chancellor.
(5) The emoluments and other terms and conditions of service of the Vice-Chancellor may be such as determined by the Chancellor.
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1. Substituted by Act 19 of 1999 w.e.f. 29.4.1999.
(1) The Vice-Chancellor shall be the academic head and the principal executive officer of the University and shall in the absence of the Chancellor and Pro-Chancellor, preside at any convocation of the University and confer degrees, diploma or other academic distinctions upon persons entitled to receive them. He shall be a member ex-officio and Chairman of the Governing Council, the Executive Council and the Finance Committee and shall be entitled to be present at and to address any meeting of any authority of the University but shall not be entitled to vote thereat unless he is a member of the authority concerned.
(2) It shall be the duty of the Vice-Chancellor to ensure that the provision of this Act and the statutes are observed and carried out and he may exercise all powers necessary for this purpose.
(3) The Vice-Chancellor shall have power to convene meetings of the Governing Council, the Executive Council and the Finance Committee.
(4) (a) The Vice-Chancellor shall have power to take action on any matter and shall by order take such action as he may deem necessary but shall, as soon as may be thereafter report the action taken to the officer or authority or body who or which would have ordinarily dealt with the matter:
Provided that no such order shall be passed unless the person likely to be affected, has been given a reasonable opportunity of being heard;
(b) When action taken by the Vice-Chancellor under this sub-section affects any person in the service of the University, such person shall be entitled to prefer an appeal to the Executive Council within thirty days from the date on which he has notice of such action. The Vice-Chancellor shall give effect to the order passed by the Executive Council on such appeal.
(5) The Vice-Chancellor shall give effect to the orders of the Executive Council regarding the appointment, suspension and dismissal of the teachers and other employees of the University.
(6) The Vice-Chancellor shall exercise control over the affairs of the University and shall be responsible for the due maintenance of discipline in the University.
(7) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed.
(1) The Registrar shall be a wholetime salaried officer of the University appointed by the Executive Council for such period as may be specified by the Executive Council and the terms and conditions of service of the Registrar shall be such as are specified in the first statutes.
(2) The Registrar shall exercise such powers and perform such duties as may be prescribed.
(3) In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar and all processes in such suits and proceedings shall be issued to, and served on, the Registrar.
The Finance Officer shall be a wholetime salaried officer of the University appointed by the Government for such period as may be specified by the Government in this behalf and the terms and conditions of service of the Finance Officer shall be such as are specified in the first statutes,
The Authorities of the University shall be the Governing Council, the Executive Council, the faculties, and the Finance Committee, the Boards of studies and such other authorities as may be declared by the statutes to be authorities of the University.
The Vice-chancellor, the Registrar, the Finance Officer and other employees of the University shall be deemed when acting or purporting to act in pursuance of any of the provisions of this Act to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).