THE VISVESVARAYA TECHNOLOGICAL UNIVERSITY (AMENDMENT) ACT, 2011
(Received the assent of the Governor on the Twenty First day of June, 2014)
KARNATAKA ACT NO. 22 OF 2014
(First Published in the Karnataka Gazette Extra-ordinary on the Third day of July, 2014)
An Act further to amend the Visvesvaraya Technological University Act, 1994.
Whereas it is expedient further to amend the Visvesvaraya Technological University Act, 1994 (Karnataka Act 39 of 1994) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty- second year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called the Visvesvaraya Technological University (Amendment) Act, 2011.
(2) It shall come into force at once.
2. Amendment of section 9.- In the Visvesvaraya Technological University Act, 1994 (Karnataka Act 39 of 1994) (hereinafter referred to as the principal Act), in section 9, after sub-section (2), the following shall be inserted, namely:-
“(3) The State Government may, appoint a Special Officer or Commission of Enquiry consisting of one or more persons to enquire into any specific allegations against any employee of the University in respect of any matter connected with or ancillary thereto and also in respect of any irregularities, including construction of buildings, laboratories, libraries, museums, workshops and equipments of any institution maintained, administered, recognised or approved, by the University and also of the irregularities in connection with the examinations, teaching and evaluation and other work conducted or done by the University and into any specific allegations against any employee of the university in like manner in respect of any matter connected with or ancillary thereto.
(4) The Special Officer or the Commission directed to make an inspection or inquiry under sub-section (3) shall have access for that purpose to the related institutions, premises and to such accounts or other records as may be necessary.
(5) The Special Officer or the Commission shall submit a report of the result of the inspection or inquiry to the Chancellor and shall forward a copy thereof to the State Government.
(6) Soon after receipt of the report, the Chancellor shall record his findings thereon and send the same to the State Government for taking further action, as may be necessary or as directed by him.
(7) The State Government shall direct the Vice-Chancellor to initiate such action as has been directed by the State Government with respect to the findings in the report of enquiry or inspection and the Executive Council shall implement the directions of the State Government.
(8) The Vice-Chancellor shall communicate to the State Government, a report of action taken in compliance with the directions of the State Government as specified in the orders of the State Government.
(9) If the Vice-Chancellor fails to comply with the directions of the State Government then it shall be reported to the Chancellor whose order shall be final and shall be implemented by the Vice- Chancellor and the Executive Council within such time as set out in the orders of the Chancellor.”
3. Insertion of section 9A.- After section 9 of the principal Act, the following new section shall be inserted, namely:-
“9A. Power to annul the orders of the University.- (1) The State Government may, by order, published in the official Gazette annul any order, notification, resolution or any proceedings of the University which in its opinion is not in conformity with the provisions of this Act, or the Statutes, Regulations or Ordinances or is otherwise inconsistent with the policy of the State Government:
Provided that before making any such order, the State Government shall afford an opportunity to the University.
(2) Every order passed under sub-section (1) shall as soon as may be after it is passed be laid before both the Houses of State Legislature.”
4. Amendment of section 13.- In section 13 of the principal Act, after sub-section (4), the following shall be inserted, namely:-
“(4A) The Vice-Chancellor shall not be removed from his office except by an order of the Chancellor passed on the ground of willful omission or refusal to carry out the provisions of this Act or for abuse of the powers vested in him and on the advice tendered by the State Government on consideration of the report of an inquiry ordered by it under sub-section (4B).
(4B) For the purposes of holding an inquiry under this section, the State Government shall appoint a person who is or has been a Judge of the High Court or the Supreme Court. The inquiry authority shall hold the inquiry after giving an opportunity to make representation by the Vice- Chancellor and shall submit a report to the State Government on the action to be taken including penalty if any to be imposed, and the State Government shall on consideration of the report advice the Chancellor. The Chancellor shall act in accordance with such advice.”
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