THE KARNATAKA STATE UNIVERSITIES (AMENDMENT) ACT, 2019
(Received the assent of the Governor on the First day of March 2019)
KARNATAKA ACT NO. 15 OF 2019
(First Published in the Karnataka Gazette Extra-ordinary on the second day of March 2019)
An Act further to amend the Karnataka State Universities Act, 2000.
Whereas it is expedient further to amend the Karnataka State Universities Act, 2000 (Karnataka Act 29 of 2001) for the purposes hereinafter appearing:
Be it enacted by the Karnataka State Legislature in the seventieth year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka State Universities (Amendment) Act, 2019.
(2) It shall come into force at once.
2. Amendment of section 3.- In the Karnataka State Universities Act, 2000 (Karnataka Act 29 of 2001) (hereinafter referred to as principal Act), in section 3, -
(i) in sub-section (1), in clause (f), for the word "Mandya", the words "Mandya, except Government College (Autonomous), Mandya " shall be substituted;
(ii) in sub-section (1F), after the words "Bengaluru District", the words and letters "except Maharani’s Science College for Women, Bengaluru; Maharani’s Women Arts, Commerce and Management College, Bengaluru and Smt. V.H.D. Central Institute of Home Science, Bengaluru" shall be inserted;
(iii) after sub-section (1G), the following sub-sections shall be inserted, namely:-
"(1H) There shall be established the Maharani Cluster University, Bengaluru of unitary in nature with head quarters at Bangaluru and territorial jurisdiction extending over Maharani’s Science College for Women, Bengaluru; Maharani’s Women Arts, Commerce and Management College, Bengaluru and Smt. V.H.D. Central Institute of Home Science, Bengaluru.
Explanation.- For the purpose of this sub-section “cluster” means upgraded a single unit of the three colleges as specified in sub-section (1H).
(1I) There shall be established the Mandya University, Mandya of unitary in nature with head quarters at Mandya and territorial jurisdiction extending over the Government College (Autonomous), Mandya."
3. Amendment of section 4.- In section 4 of the principal Act after clause (xiii), after the proviso the following proviso shall be inserted, namely:-
"Provided further that, nothing in clause (i), pertaining to correspondence courses, clause
(xix) and (xxii) shall apply to the Maharani Cluster University, Bengaluru and the Mandya University, Mandya."
4. Amendment of section 5.- In section 5 of the principal Act,-
(i) in sub-section (1), after third proviso the following shall be inserted, namely:-
“Provided also that, nothing in this sub-section pertaining to affiliation and correspondence courses shall be applicable to the Maharani Cluster University, Bengaluru and the Mandya University, Mandya.”
(ii) after sub-section (8), the existing sub-sections (6) and (7) inserted by Act 34 of 2015 shall be renumbered as sub-sections (9) and (10) respectively; and
(iii) after sub-section (10) as so renumbered, the following shall be inserted, namely:-
“(11) Any privilege enjoyed from the Bengaluru Central University by the Maharani's Science College for women, Maharani’s Women Arts, Commerce and Management College, Bengaluru and Smt. V.H.D Central Institute of Home Science, Bengaluru, situated in the Karnataka Legislative Assembly Constituency of Gandhinagar, before the date of commencement of the Karnataka State Universities (Amendment) Act, 2019 shall, with effect from such date as may be specified by the State Government in this behalf, be deemed to be withdrawn and Maharani's Science College for
Women, Maharani’s Women Arts, Commerce and Management College, Bengaluru, Smt. V.H.D Central Institute of Home Science, Bengaluru previously admitted to the privileges of, or affiliated to, the Bengaluru Central University shall be deemed to be admitted to the privileges of the Maharani Cluster University as constituent colleges or a schools of the said University.
(12) Any privilege enjoyed from the Mysuru University by the Government College (Autonomous), Mandya before the date of commencement of the Karnataka State Universities (Amendment) Act, 2019 shall, with effect from such date as may be specified by the State Government in this behalf, be deemed to be withdrawn and the Government College (Autonomous), Mandya shall be deemed to be admitted to the privileges of the Mandya University as constituent college or a school of the said University .”
5. Amendment of section 6.- In section 6 of the principal Act, in sub-section (1), in the proviso, after the words “Akkamahadevi Women University”, the words “and the Maharani Cluster University” shall be inserted.
6. Amendment of section 11.- In section 11 of the principal Act, after clause (m), the following proviso shall be inserted, namely:-
“Provided that, in the case of the Maharani Cluster University, Bengaluru and the Mandya University, Mandya, the officers of the Universities shall, in addition to the officers specified above except clause (f), also consists of the Directors of schools.
Explanation.- For the purpose of this proviso “school” means departments or centers with similar disciplines group together with a Director as specified above.”
7. Amendment of section 21.- In section 21 of the principal Act, in sub-section (1) after the third proviso, the following proviso shall be inserted, namely:-
"Provided also that, in respect of the Mandya University, Mandya and the Maharani Cluster University, Bengaluru, the Dean shall be called as Director of schools and faculty shall be called schools."
8. Amendment of section 28.- In section 28 of the principal Act, in sub-section (1), -
(a) in the proviso after clause (k), after the words "Akkamahadevi Woman University" the words "Maharani cluster University" shall be inserted;
(b) after the proviso, the following proviso shall be inserted at the end, namely:-
“Provided further that in the case of the Maharani Cluster University, Bengaluru and the Mandya University, Mandya, the Syndicate shall not consist of the members specified in clauses (b), (c), (d), (f), (i), (j) and (k) specified above but shall consists of the Principal Secretary to Government, Higher Education or his nominee not below the rank of Deputy Secretary to Government, two directors of the schools nominated by the Vice-chancellor for a period of one year by rotation according to seniority.”
9. Amendment of section 29.- In section 29 of the principal Act, in sub-section (2), after clause (w), the following proviso shall be inserted, namely:-
“Provided that the provisions of clause (j) shall not be applicable in respect of the Maharani Cluster University, Bengaluru and the Mandya University, Mandya."
10. Amendment of section 30.- In section 30 of the principal Act, in sub-section (1), after the second proviso, the following proviso shall be inserted, namely:-
“Provided also that in the case of the Maharani Cluster University, Bengaluru and the Mandya University, Mandya, the Academic Council shall not consists of members specified in clauses (vi), (ix) but shall consists of the five directors of the schools nominated by the Vice- chancellor by the rotation in the order of seniority, each for a term of two years.”
11. Amendment of section 31.- In section 31 of the principal Act, in sub-section(2), after clause (xx), the following proviso shall be inserted, namely:-
"Provided that in respect of the Maharani Cluster University, Bengaluru and the Mandya University, Mandya, the provisions pertaining to affiliation shall not be applicable."
12. Amendment of section 34.- In section 34 of the principal Act, after sub-section (10), the following sub-section shall be inserted, namely:-
"(11) Notwithstanding anything contained in this section, in respect of the Maharani Cluster University, Bengaluru and Mandya University, Mandya, the faculty shall be called as schools and the Deans shall be called as Director of schools."
13. Amendment of section 36.- In section 36 of the principal Act, in sub-section (2), the following proviso shall be inserted at the end, namely:-
“Provided that in the case of the Maharani Cluster University, Bengaluru and the Mandya University, Mandya, in addition to clauses (i), (ii) and (iv) except clauses (iii), (v) and (vi), specified above also consists of two teachers teaching the subjects within concerned departments of studies in the school nominated by the Vice-chancellor.”
14. Amendment of section 40.- In section 40 of the principal Act, in sub-section (1), after clause (p), the following clauses and proviso shall be inserted, namely:-
"(q) option for the employees of the colleges to remain in the Universities Service or not, at the time of formation of the University;
(r) the service conditions of the employees who opt to remain in the University at the time of formation of the University;
(s) the continuation of Pension or General Provident Fund or Contributory Provident Fund or New Pension Scheme for the benefit and other existing service benefit of the Officers, Teachers and other Servants continued from previous service or employed by the Maharani Cluster University or Mandya Unitary University; and
(t) extending the career advancement service for the Teachers and superannuation benefit as per UGC guide lines for the Teacher who opted Maharani Cluster University or Mandya Unitary University from colleges:
Provided that in the case of the Maharani Cluster University, Bengaluru and the Mandya University, Mandya, clause (g), shall not be applicable."
15. Amendment of section 42.- In section 42 of the principal Act, in sub-section (1), after clause (n), the following proviso shall be inserted, namely:-
“Provided that, in the case of the Maharani Cluster University, Bengaluru and the Mandya University, Mandya, clause (j) shall not be applicable.”
16. Insertion of new section 58A.- After section 58 of the principal Act, the following new section shall be inserted, namely:-
"58A. Application of provision of sections 59 to 67.- Notwithstanding anything contained in this Act, the provisions of sections 59 to 67 shall not be applicable to the Maharani Cluster University, Bengaluru and the Mandya University, Mandya."
17. Powers of special officer.- The Special officer appointed by the State Government for the purpose of taking steps to establish the Maharani Cluster University, Bengaluru and the Mandya University, Mandya respectively shall exercise such of the powers and perform such of the functions of the University and the Vice-Chancellors as may be specified by the State Government, until the first Vice Chancellor is appointed.
18. Duties of the first Vice-Chancellor.- (1) It shall be the duty of the first Vice-Chancellor to make arrangements for constituting the Syndicate, Academic Council and other authorities of the Maharani Cluster University, Bengaluru and the Mandya University, Mandya, as the case may be within six months from the date of commencement of the Karnataka State Universities (Amendment) Act, 2019 (hereinafter referred to as the Amendment Act) or such longer period not exceeding one year as the Chancellor may direct.
(2) The Authorities constituted under sub-section (1) shall commence to exercise, their powers and perform their functions on such date as the Chancellor may specify in this behalf.
19. Transitory provisions.- (1) Notwithstanding anything contained in the Principal Act as amended by the amendment Act, the first Vice-Chancellors may, with the previous approval of the Chancellor, discharge all or any of the functions of the Maharani Cluster University, Bengaluru or the Mandya University, Mandya, as the case may be, for the purpose of carrying out the provisions of the Principal Act as amended by the amendment Act and for that purpose may exercise any power or perform any duty which by the principal Act as amended by the Amendment Act is to be exercised or performed by any Authority of the University until such Authority comes into existence as provided by the principal Act as amended by the Amendment Act.
(2) All statues, ordinances, regulations and rules made by the Bengaluru Central University or the Mysuru university as applicable to the colleges or other educational institutions which are deemed to be the constituent colleges or schools of the Maharani Cluster University, Bengaluru or the Mandya University, Mandya, as the case may be, under section 5 of the principal Act shall be deemed to be the Statutes, ordinances, regulations and rules made by the Maharani Cluster University, Bengaluru or the Mandya University, Mandya, as the case may be, and shall continue as such till the Maharani Cluster University, Bengaluru or the Mandya University, Mandya respectively makes its own statutes, ordinances, regulations and rules:
Provided that, the Vice-Chancellor may with the approval of the Chancellor make such modification and adaptations therein as he may consider necessary.
20. Savings of certain examination.- Notwithstanding anything contained in the Principal Act as amended by the amendment Act or the statutes, ordinances, regulations and rules made thereunder, where immediately before the commencement of the amendment Act,-
(a) any student studying for a degree of the Bengaluru Central University or the Mysuru University in accordance with the statues, ordinances, regulations and rules in force he may until such examination is provided by the Maharani Cluster University, Bengaluru or the Mandya University, Mandya as the case may be admitted to the examination of the Bengaluru central University or the Mysuru University and be conferred with the degrees or diplomas for which he qualifies on the result of such examination; and
(b) The Bengaluru Central University or the Mysuru University has held any examination, the result of which has been published but the degrees or diplomas relating thereto have not been conferred or issued or the result of any such examination has not been published by the Bengaluru Central University or the Mysuru University then such examination shall be deemed to have been held by the Bengaluru Central University or the Mysuru University.
21. Removal of difficulties.- If any difficulty arises in giving effect to the provisions of this amendment Act, the State Government may, by order published in the Official Gazette, make such provision as may appear to it be necessary or expedient for the purposes of removing the difficulty:
Provided that, no such order shall be made after the expiry of the period of two years from the date of commencement of the Amendment Act.
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