Higher Education – Introduction of Ä.P.Private Universitites in the State of Andhra Pradesh
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Higher Education – Introduction of Ä.P.Private
Universitites in the State of Andhra
Pradesh – Orders – Issued.
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HIGHER
EDUCATION (UE) DEPARTMENT
G.O.Ms.No. 30 Dated :01-09-2015.
Read:
G.O.Rt.No. 420, Higher Education
(UE) Department, dated 18-10-2014
O R D E R:
As the residuary State of Andhra Pradesh
has been left bereft of several reputed institutions and there is an imminent
need for infusing investment in the realm of higher education, the Government
has now proposed the “A.P. Private
Universities (Establishment and Regulation) Bill, 2015”. The State Government has already declared its
intention to develop Andhra Pradesh as “A Knowledge Hub” which would provide
high quality, research oriented and industry relevant education. Considering the massive targets that are
involved and the budgetary constraints, Private Universities will play a
supportive role in the State’s endeavour to establish educational institutions
of international standards so as to attract students from the State as well as
other States and abroad and to enable to achieve national objectives of better
access, equity and excellence in higher education.
2. There are at present over 190
university-level institutions in the country set up and managed as
self-financed institutions. These
institutions have succeeded in imparting undergraduate education on a mass
scale. However, barring a few
exceptions, the contribution of these universities to research is not
encouraging. Changing their mindset from
just teaching to research and learning marks a challenge. This challenge calls for an altogether novel
approach in setting up of a new private university. Accordingly, the proposed private
universities should be “Greenfield Universities” with commitment to excellence
in Education and Research.
3. In the reference read above, orders
were issued constituting a High Power Committee with Sri Asutosh Mishra, IAS
(Retd.), Prof. P. Rama Rao, former Vice-Chancellor, University of Hyderabad,
Prof. M.S. Prasada Rao (Retd.), Andhra University, Prof. V.S. Rao, Director,
BITS, Pilani and Chairman, APSCHE as Member-Convener for suitable
suggestions. The said Committee after
detailed deliberations and discussions, has brought out the draft “A.P. Private Universities (Establishment
and Regulation) Bill, 2015”.
4. The draft “A.P. Private Universities (Establishment and Regulation) Bill, 2015”
has been prepared in the form of a compendious Act that contains the objects of
the University, Procedure for establishing the
University, Power and Functions, Officers and authority of the
University, Statutes, Ordinances and Regulations, Funds of the University and
Procedure for winding up of University, etc.
5. The salient features of the proposed
Bill are as follows:
i)
Any sponsoring body can be a Society registered
under Societies Registration Act, 1860 OR A.P. Societies Registration Act, 2001
OR Indian Trusts Act, 1882 OR a Company registered under Companies Act (Section
6 & 7).
ii)
The Screening Committee constituted by the A.P.
State Council of Higher Education will consider the proposal based on the
financial soundness and experience of the sponsoring body as well as the
potentiality of the courses relevant to the various development sectors and
society in general (Section
8).
iii)
Government would authorize the A.P. State
Council of Higher Education to issue the Letter of Intent (Section10).
iv)
If the Government is satisfied that the
sponsoring body has complied with the conditions of ‘Letter of intent’, it will
bring appropriate Legislation for inclusion of the name of the University in
Schedule-I.
v)
The Government shall have power to direct any
upwards revision of Endowment Fund.
vi)
The Endowment Fund shall be invested in such
instruments as the Government may prescribe and kept invested until the
dissolution of the university.
vii)
The particulars of Endowment Fund, land
requirements, space requirements, books and journals, equipment and
infrastructure, academic departments and faculty, I.T. infrastructure are
mentioned in Schedule-II.
viii)
The admission fee structure will be as
prescribed.
ix)
The dissolution of the sponsoring body and the
university will be in such a manner as prescribed (Section 43).
6. Government have examined the matter and
decided that there is a necessity of encouraging private investments by top
national and international higher education institutions in Andhra Pradesh
State, to promote human resource development, research, innovation and
industrial development. Accordingly
Government hereby direct the Secretary, A.P. State Council of Higher Education
to put the Andhra Pradesh Private Universities (Establishment and Regulation)
Bill 2015 on A.P.State Council of Higher
Education (APSCHE) web site for discussion in public domain for next one month
(from 1-30 September 2015). The said Bill is appended to this order.
7. The Secretary, APSCHE, AP, Hyderabad shall
take necessary action
in the matter.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
SUMITA DAWRA
SECRETARY TO GOVERNMENT
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A BILL TO PROVIDE FOR ESTABLISHMENT AND REGULATION
OF PRIVATE UNIVERSITIES IN THE STATE OF ANDHRA PRADESH WITH OBJECTS TO PROVIDE
HIGH QUALITY, RESEARCH ORIENTED AND INDUSTRY RELEVANT HIGHER EDUCATION AND TO
IMPROVE ACCESS AND EQUITY IN HIGHER EDUCATION IN ORDER TO ENHANCE THE GROSS
ENROLMENT RATIO (GER) AND FOR THE MATTERS CONNECTED THEREWITH OR INCIDENTAL
THERETO.
Be it enacted by the Legislature of
the State of Andhra Pradesh in the Sixty-sixth year of the Republic of India,
as follows:-
CHAPTER I
Short
title, extent and commencement.
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1. (1) This
Act may be called the Andhra Pradesh Private Universities (Establishment and
Regulation) Act, 2015.
(2) It
extends to the whole of the State of Andhra Pradesh.
(3) It
shall come into force on such date as the State Government may, by
notification, appoint.
Definitions.
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2. In this Act, unless the context otherwise
requires:-
Central Act No.52 of 1987.
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Central Act No.21
of 1860.
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(c) “BCI”
means the Bar Council of India;
(d) “Central
Government” means the Government of India;
(e) “Constituent
College or Institution” means and includes a college or institution of the
Sponsoring body;
Act No.16 of 1988.
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(g) “CSIR”
means the Council of Scientific and Industrial Research, New Delhi, a society
registered under the Societies Registration Act 1860;
(h) “DBT”
means the Department of Biotechnology of the Central Government;
(i) “DST”
means the Department of Science and Technology of the Central Government;
(j) “Eminent
Persons Panel” means a panel of nine persons of impeccable integrity having
outstanding knowledge and expertise in academics, scientific research, public
administration, finance, law or management etc. notified by the Government from
time to time.
(k) “Fee”
means collection made by the University from the students for different
purposes under different heads and which is non-refundable;
(l) “Government”
means the Government of Andhra Pradesh;
(m) “Green
Field” means starting
of a university fresh for the
first time from scratch without any consideration to any existing educational
institution(s) or anything related to such institution(s);
Central Act No.21 of 1860.
Central Act No.102
of 1956.
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(o) “ICAR”
means the Indian Council of Agricultural Research, registered under the
Societies Registration Act, 1860;
(p) “MCI”
means the Medical Council of India constituted under the Medical Council Act,
1956;
(q) “NAAC”
means the National Assessment and Accreditation Council, an autonomous
institution of the UGC;
Central Act No.73
of 1993.
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Central Act No.8 of 1948.
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(t) “PCI”
means Pharmacy Council of India constituted under section 4 of the Pharmacy
Act, 1948;
(u) “Prescribed”
means prescribed by rules made under this Act;
(v) “Private
University” means a University established under section 3 of this Act and
hereafter also referred to as University;
(w) “Regulatory
Authority” means an Authority established under section 32;
(x) “Regulatory
Body” means and includes a body such as
UGC, AICTE, NCTE, MCI, PCI, NAAC, ICAR, DBT, DST, CSIR, BCI established by the
Central Government or Government for maintenance of standard of higher education;
(y) “Regulations”
means regulations made by any authority of the University under section 31;
(z) “Rules”
means rules made under section 46;
(za) “Schedule”
means the Schedules appended to this Act;
(zb) “Screening
Committee” means the Committee constituted under Section 8;
(zc) “Sponsoring
body” in relation to a University established under this Act means:-
Central Act No.21
of 1860,
Act No.35 of 2001.
Central Act No.2 of 1882.
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(ii) a public trust “not for profit”
registered under the Indian Trusts Act, 1882; or
(iii) any
other society or trust “not for profit”
registered as above and formed by consortia of academic institution(s),
industry and/or educational societies;
Central Act No.13
of 2013.
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Act No.4 of 1991.
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(ze) “Statutes”
and “Ordinances” mean the Statutes and the Ordinances of the University made
under this Act;
(zf) “Student”
means a student of the University and includes any person enrolled in the
University for pursuing any course of study for a degree, diploma or other
academic distinction duly instituted by the University, including a research
degree;
(zg) “Teacher”
means a Professor, Associate Professor, Assistant Professor, or any other
person required to impart education or to guide research or render guidance in
any other form to the students for pursuing a course of study of the
University;
Central Act No.3
of 1956.
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(zh) “UGC”
means the University Grants Commission established under section 4 of the
University Grants Commission Act, 1956.
CHAPTER II
Establishment
of
University.
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3. (1) The Government may permit the
establishment of a University by inclusion of the name and location of the
University, the name and address of the Sponsoring body and details of its
registration in Schedule I.
(2) The
location of the University shall be within the State of Andhra Pradesh and
shall be notified by the Government.
(3) The
University shall be a Green Field one and unitary in nature and shall not have
power or provision to affiliate and recognize any college or institution to it.
(4) The
University shall have one campus to start with:
Provided
that the Government may permit opening of campus centres anywhere within the
State of Andhra Pradesh, after satisfactory running for a period of five (5)
years and subject to fulfillment of such infrastructural and other requirements
as may be specified by the Government.
(5) The
University may be permitted by the Government to conduct distance education
programme anywhere within the State of Andhra Pradesh after satisfactory
running for a period of five years and after obtaining necessary approvals of
the UGC.
(6) The
Governing Body, the Board of Management, the Academic Council and the
Chancellor, the Vice Chancellor, the Registrar, the Chief Finance and Accounts
Officer and such other officers or authorities, so long as they continue to
hold such office or membership of the respective University specified in
Schedule 1, hereby constitute a body corporate by the name of the said
University.
(7) Each such University shall be a body corporate
by the name included in Schedule 1 and shall have perpetual succession and
common seal with power, subject to the provisions of this Act, to acquire and
hold property, to contract and shall, by the said name, sue or be sued.
(8) The
Universities shall not claim as a matter of right to receive any grant-in-aid
or other financial assistance from Central Government or the Government.
Objects
of the University.
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4. The
objects of the University shall be as follows:-
(a) to create, organize, preserve and disseminate
knowledge in the fields of science and technology, humanities, social sciences,
education, management, commerce, law, pharmacy, healthcare and any other field
of higher education including professional education for the advancement of
mankind in particular and to create higher al assistance from the Central
Government or the Government levels of intellectual abilities;
(b) to provide for instruction, teaching, learning
and training in the University in the field of higher education and make
provisions for research, advancement and dissemination of known and new
knowledge;
(c) to establish, maintain and manage institutions
and centers of excellence, to create, organize, preserve and disseminate
knowledge in the fields of higher education;
(d) to create centers of excellence for research and
development and for sharing knowledge and its application;
(e) to develop infrastructure and state-of-art
facilities for research, higher
education, instruction, teaching, learning, training, extension and
outreach;
(f) to
develop educational programmes for diplomas, degrees and post-graduate courses,
doctorate degrees and post-doctoral programmes and to maintain high standards
of education and to collaborate with reputed national and global
institutions to offer programmes and to
create capabilities for upgrading programmes to global standards keeping in
view the guidelines/ regulations of the UGC;
(g) to confer degrees, diplomas and other academic
distinctions on the basis of examination or any other method of evaluation
keeping in view the guidelines of the University Grants Commission;
(h) to ensure that the standards of the degrees,
diplomas and other academic distinctions are higher than those laid down by the
Regulatory Bodies;
(i) to establish close linkage with the industry,
business, educational institutions and other sections of the society to make
teaching, research, training, documentation, publication relevant to the needs
of the University and Society, at national and international level;
(j) to
provide consultancy to the industry and public and private organizations;
(k) to provide avenues for innovations, set up
incubation centers and to develop entrepreneurship skills;
(l) to
provide for arrangement for national and global participation in the field of
higher education including foreign Institutions/ Universities keeping in view
the guidelines of the Regulatory Bodies;
(m) to adopt new digital technologies for developing
online electronic content;
(n) to pursue any other objectives as may be
approved by the Government:
Provided that notwithstanding anything
contained in this Act and save as provided in any Central Act, the University
shall be eligible to undertake the functions of disseminating of knowledge only
in the fields for which the Government has issued Letter of Intent or in the
fields subsequently approved by the Government.
Powers
and functions of the University.
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5. The University shall exercise the following
powers and perform the following functions, namely:-
(i)
to administer and manage the University,
establish, administer and manage its constituent colleges, schools, institutes
and centers for research, education, training, extension and outreach;
(ii) to
provide for research, higher education including professional education, teaching,
learning, training, extension and outreach in the fields of science and
technology, humanities, social sciences, education, management, commerce, law,
pharmacy, healthcare and any other fields;
(iii) to
prescribe courses, curricula and methodologies and provide for flexibility in
the delivery of education;
(iv) to
conduct the programmes and courses of study as are in the opinion of the
University, necessary for the furtherance of its objects;
(v) to
conduct innovative experiments in educational technologies, teaching and
learning methods to constantly improve the delivery of education and to achieve
international standards of education;
(vi) to
offer joint programmes in collaboration with reputed national and international
institutions recognized by Regulatory Bodies;
(vii) to
hold examinations and confer degrees, diplomas and other academic distinctions
or titles on persons subject to such
condition as the University may determine and to withdraw or cancel any such
degrees, diplomas and other academic distinctions or titles in the manner
prescribed by the Regulations;
(viii) to
confer honorary degrees or other distinctions in the manner prescribed by the
Statutes;
(ix) to
establish a new constituent college, institution or center for furtherance of its objects;
(x) to
co-operate with other Universities, and acquire membership of bodies,
authorities, or associations, which may have been formed for the advancement of
learning, science or research, or for the dissemination of knowledge or for the
physical and moral welfare of students, in such manner and for such purpose as
the University may determine by
Statutes;
(xi) to
maintain linkages and collaborate with educational or other institutions in any part of the world having objects
wholly or partially similar to those of the University, through exchange of
students, researchers, faculty and staff and generally in such manner as may be
conducive to their common objects subject to the relevant regulations of UGC ;
(xii) to
sponsor and undertake research and educational programmes in the fields of
science and technology, humanities, social sciences, education, management,
commerce, law, pharmacy, healthcare and any other allied areas;
(xiii) to
undertake research and to obtain registration in respect of such research in
the nature of patents, design rights and such or similar rights with the
competent authorities;
(xiv) to
render services of research, training, consultancy and such other services as
required for the purposes of the University;
(xv) to
develop and maintain relationships with faculty, researchers, administrators
and domain experts in science and technology, humanities, social sciences,
education, management, law, commerce, pharmacy, healthcare and allied area for
achieving the objects of the University;
(xvi) to
provide for publication and reproduction
of research, educational material and other works and to organize exhibitions
conferences, workshops and seminars;
(xvii) to
establish, maintain and manage halls, hostels for students and quarters for the
residence of faculty and staff;
(xviii) to
construct, manage and maintain centers, complexes, auditoria, buildings, stadia
for the advancement of sports, cultural, co-curricular and extra-curricular
activities;
(xix) to
institute and award fellowships, scholarships,
prizes, medals and other awards;
(xx) to
regulate the expenditure and to manage the finances and to maintain the
accounts of the University;
(xxi) to
fix, demand and receive or recover fees and such other charges as may be
prescribed by the Statutes;
(xxii)to
receive funds, movable and immovable properties, equipments, software and other
resources from business, industry, other sections of society, national and
international;
(xxiii) to
purchase or to take on lease or accept as gifts, bequests, legacies or
otherwise any land or building or works which may be necessary or convenient for
the purpose of the University and on
such terms and conditions as it may think fit and proper and to construct or
alter and maintain any such building or works;
(xxiv) to
sell, exchange, lease or otherwise dispose
of all or any portion of the properties of the University, movable or
immovable, with the prior permission of the Government, on such terms as it may
think fit and consistent with the interest, activities and objects of the
University;
(xxv) to
draw and accept, to make and endorse, to discount and negotiate promissory
notes, bills of exchange, cheques and other negotiable instruments;
(xxvi) to
raise and borrow money on bond, mortgages, promissory notes or other
obligations or securities founded or based upon all or any of the properties
and assets of the University or without any securities with the prior
permission of the Government and upon such terms and conditions as it may
think fit and to payout of the funds of
the University, all expenses incidental to the raising of money, and to repay
and redeem any money borrowed;
(xxvii) to
invest the funds of the University in or upon such securities and transpose any
investment from time to time with the prior permission of the Government in
such manner as it may deem fit in the interest of the University;
(xxviii)
to execute conveyances regarding
transfers, mortgages, leases, licenses, agreements, and other conveyances in
respect of property, movable or immovable including Government securities
belonging to the University or to be acquired for the purpose of the University
with the prior permission of the Government;
(xxix)
to admit students for the courses
offered by the University in the manner prescribed by the Ordinances; to create
academic, technical, administrative, ministerial and other posts prescribing
qualifications by the Ordinances and to make appointments thereto;
(xxx)
to create academic, technical,
administrative, ministerial and other posts prescribing qualifications by the
Ordinances and to make appointments thereto;
(xxxi)
to institute professorships, associate
professorships, assistant professorships, readerships, lectureships, and any
other teaching, academic or research posts and to prescribe by the Statutes,
the qualifications for the persons to be appointed on such posts;
(xxxii)
to appoint qualified persons as
professors, associate professors, assistant professors, or as teachers and
researchers or other officers of the University in such manner as may be
prescribed by the Statutes;
(xxxiii)
to make arrangements for social and
cultural activities and for promoting health and general welfare of students,
faculty and staff of the university;
(xxxiv)
to regulate and enforce discipline among
the students, employees of the University and to provide for such disciplinary
measures as may be prescribed by the Regulations;
(xxxv)
to delegate all or any of its powers(except
the power to make regulations) to any officer or authority of the University,
and
(xxxvi)
to do all such acts and things as the
University may consider necessary conducive or incidental to the attainment or
enlargement of all or any of the objects of the University;
Application
for establishment of a University.
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6. Any Sponsoring body desirous of establishing
a Private University shall make an application to the Council containing the
proposal and the project report in such manner containing such particulars
along with such fee as may be prescribed.
Project
report.
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7. In addition to the particulars as may be
prescribed under section 6, the project report shall contain the following,
namely:-
(a)
Central Act
No.21 of 1860, Act No.35 of 2001, Central Act No.2 of 1882.
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(b) The information
regarding financial resources of the Sponsoring body along with audited
financial statements for the past five years;
(c) The name and
location of the proposed University;
(d) The objectives
of the University;
(e) The nature and
type of programmes of study and research proposed to be undertaken by the
University and their relevance to the development goals, emerging areas, local
needs and employment needs of the State and phasing of such programmes over the
initial three years with course wise enrolment targets;
(f)
The
relevant details must also be provided if the University proposes to start some
programmes for the benefit of farmers, women and industries;
(g) The experience
and expertise in the concerned disciplines at the command of the Sponsoring
body;
(h) The teaching and
non-teaching staff to be deployed before the University starts functioning and
the phased programme for initial three years;
(i)
The
details of plans for campus development such as details of land, including land
in possession, if any, construction of buildings, development of structural
amenities and infrastructure facilities and procurement of equipment, etc., to
be undertaken before the University starts functioning and the phased programme
for initial three years;
(j)
The
phased outlays of capital expenditure proposed for the next three years and its
sources of finance;
(k) The estimated
recurring expenditure program-wise or activity-wise, sources of finance and
estimated expenditure per student;
(l)
The
scheme of mobilizing resources and the cost of capital thereto and the manner
of repayment to such sources;
(m) The scheme for
generation of funds internally through the recovery of fees from students,
revenues anticipated from consultancy services and other activities relating to
the objects of the University, and other anticipated incomes;
(n) The proposed fee
structure with reference to the details of expenditure on unit cost and the
extent of concessions or rebates in fee or free-ships and scholarships to the
poor students from economically poor or socially backward families, including
Scheduled Castes, Scheduled Tribes, other Backward Classes and physically
challenged students;
(o) The system
proposed to be followed for selecting students for admission to the courses of
study at the University;
(p) The system
proposed to be followed for appointment of teachers and other employees in the
University;
(q) The details of
play grounds and other facilities proposed
to be created for games and sports and extra curricular activities
like National Cadet Corps, National
Service Scheme, Scouts and Guides, etc;
(r) The arrangement
proposed to be made for academic auditing;
(s) Justification
regarding the necessity of establishment of the proposed University;
(t)
Commitment
to follow the norms of the Regulatory Bodies;
(u) Such other
details as the Sponsoring body may like to give;
(v)
Other
details as may be prescribed.
The power of Council for
constitution of Screening Committee and factors to consider proposal.
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8.
(1) The Council, on receipt of the application made under sections 6 and
7 by the sponsoring body, shall constitute a Screening Committee consisting of
;
(a)
One expert in educational
administration;
(b)
One expert from legal field;
(c)
One expert with financial matters;
(d)
Two eminent academicians (of whom one
will be the convener).
(2) The
Council shall refer the application made by the Sponsoring Body to the
Screening Committee constituted under sub-section (1).
(3) The Screening Committee shall
consider the proposal and the project report based on the information given
under sections 6 and 7 and recommend or otherwise whether the proposal to set
up a Private University is acceptable and whether the Sponsoring body is
competent to run the University.
(4) The Screening Committee shall consider
the proposal with reference to the following factors:
(a) financial
soundness and assets of the Sponsoring body and its ability to setup the
infrastructure of the proposed University;
(b) background
of the Sponsoring body such as experience in the field of education, its
credibility and general reputation;
(c) potentiality
of the courses to be offered which are not only of conventional nature but also
in tune with the contemporary requirements of emerging branches of learning and
relevant to various development sectors and to the society in general;
(5) The Screening 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.
(6) The Screening Committee shall submit
its report to the Council as far as possible within a period of three months.
Recommendations
of the Council.
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9. The Council shall furnish its recommendations
on the report of the Screening Committee to the Government within a period of
one month from the date of submission of the report by the Screening
Committee.
Letter
of intent.
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(2) The Council, while issuing the Letter
of Intent, shall require the Sponsoring body to fulfill such terms and
conditions as prescribed in Schedule II and any other terms and conditions as
prescribed.
(3) The Sponsoring body shall fulfill the
terms and conditions and report compliance to the Council within a period of
two years from the date of issue of Letter of Intent. The Government may extend
the time if satisfied with the reasons for delay.
(4) On receipt of compliance report, the
Council shall, within a period of one month, request the Screening Committee
constituted under Section 8 or constitute another similar Committee to verify
the compliance report and submit a report within a further period of one month.
Establishment
of
University by Legislation.
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11.
If the Government is satisfied that the Sponsoring body has complied with the
conditions of Letter of Intent and on the specific recommendations of the
Council, it may bring appropriate legislation within a maximum period of seven
months for inclusion of the name of the University in Schedule 1 with details
of its location. If the Government is not so satisfied, it may point out
deficiencies and suggest that the proposal be resubmitted after effecting
necessary rectifications within a period of six months.
Management
of certain institutions.
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12.
Subject to the provision of sub-section (4) of section 3 the University may, as
and when it deems fit and proper, establish and manage some constituent
colleges and centers for research, education, training, extension and outreach
within the State of Andhra Pradesh.
University
open to all
irrespective of sex,
religion, class, creed or opinion
sex, religion,
class, creed or
opinion.
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13.
(1) No person shall be excluded from any office of the University or from
membership of any of its authorities or from admission to any degree, diploma
or other academic distinction or course of study on the ground of sex, race,
creed, class, caste, place of birth, religious belief or political or other
opinion.
(2) It shall not be lawful for the
University to impose on any person any test whatsoever relating to sex, race,
creed, caste, class, place of birth, religious belief or political or other
opinion in order to entitle him to be admitted as a student or to hold any
office or post in the University or to qualify for any degree, diploma or other
academic distinction or to enjoy or exercise any privileges of the University
or any benefaction thereof.
CHAPTER III
OFFICERS
OF UNIVERSITY
Officers
of University.
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(a)
The Chancellor;
(b)
The Vice Chancellor;
(c)
The Registrar;
(d)
The Chief Finance and Accounts Officer; and
(e)
such other officers as may be declared by the Statutes to be the officers of
the University.
Chancellor.
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15.
(1) The Chancellor shall be appointed by the Sponsoring body for a period of
five years from a panel of three names selected by a Search Committee. The
Search Committee shall be constituted by the Sponsoring body and shall consist
of any three members nominated from out of the Eminent Persons Panel.
(2) The Chancellor shall be the head of
the University.
(3) The Chancellor shall preside at the
meetings of the Governing Body and at the convocation of the University for
conferring degrees, diplomas or other academic distinctions and in his absence
by any other member of the Governing Body nominated by it.
(4)
The Chancellor shall have the following powers, namely,-
(a)
to call for any information or record;
(b)to
remove the Vice Chancellor in accordance with the provisions of sub-section (6)
of section 16;
(c) such other powers
as may be prescribed by the Statutes.
Vice
Chancellor.
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(i)
an eminent professional to be nominated
by the Governing Body;
(ii)
an eminent educationist to be nominated
by the Governing Body; and
(iii)
one member of the Governing Body to be
nominated by the Chancellor from out of the category of members listed under clause (c), (e),(f) or (g) of
sub-section (1) of Section 21:
Provided
that, after expiry of the term of three years, a person shall be eligible for
re-appointment for another term of three years subject to the upper age limit
of 65 years:
Provided further that a Vice Chancellor
shall continue to hold office even after expiry of his term till a new Vice
Chancellor takes charge of the office, but in any case this period shall not
exceed one year:
Provided also that the Chancellor may
appoint the first Vice Chancellor for a period of one year or until a regular
Vice Chancellor is appointed under this section whichever is earlier.
(2) The Vice Chancellor shall be the
principal executive and academic officer of the University and shall exercise
general superintendence and control over the affairs of the University and
shall execute the decisions of various authorities of the University.
(3) Where, 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 Chancellor, whose
decision thereon shall be final:
Provided further that where any such
action taken by the Vice Chancellor affects any person in the service of the
University, such person shall be entitled to prefer, within three months from
the date on which such action is communicated to him, an appeal to the Governing
Body and it may confirm or modify or reverse the action taken by the Vice
Chancellor.
(4) Where, in the opinion of the Vice
Chancellor , decision of any officer or authority of the University is not
within the powers conferred by this Act or the Statutes, the Ordinances, the
Regulations or the rules or is likely to
be prejudicial to the interest of the
University, he shall request the concerned authority to revise its decision
within fifteen days from the date of its decision and in case the authority
refuses to revise such decision wholly or partly or fails to take any decision
within fifteen days, then such matter shall be referred to the Chancellor and
his decision thereon shall be final.
(5) The Vice Chancellor shall exercise such
powers and perform such functions as may be prescribed by the Statutes or the
Ordinances.
(6) The Chancellor may, on representation
made or otherwise and after making such inquiry as may be necessary and is of
the opinion that the continuance of the Vice Chancellor in office is not in the interests of the
University, by an order in writing stating the reasons therein, direct the Vice
Chancellor to relinquish his office from the date 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.
Registrar.
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17. (1) The
appointment of the Registrar shall be made by the Chancellor in such manner as
may be prescribed by the Statutes.
(2) All contracts shall be signed and
all documents and records shall be authenticated by the Registrar on behalf of
the University.
(3) The Registrar shall be the
Member-Secretary of the Governing Body, the Board of Management and the
Academic Council but he shall not have a right to vote.
(4) The Registrar shall exercise such
powers and perform such duties as may be specified in the Statutes or the
Ordinances.
Chief
Finance & Accounts Officer.
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18. (1) The
appointment of the Chief Finance and Accounts Officer shall be made by the
Chancellor in such manner as may be prescribed by the Statutes.
(2) The Chief Finance and Accounts
Officer shall exercise such powers and perform such duties as may be specified
in the Statutes or the Ordinances.
Other
Officers.
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19. (1) The
University may appoint such other officers as may be necessary for its
functioning.
(2) The manner of appointment of other
officers of the University and their powers and functions shall be such as may
be specified in the Statutes or the Ordinances.
CHAPTER
IV
Authorities of the University.
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20. The following shall be the authorities of the
University, namely:-
(a)
The Governing Body;
(b)
The Board of Management;
(c)
The Academic Council; and
Constitution,
Tenure, Powers, Quorum, etc. of the Governing Body.
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21.
(1) The Governing Body of the University shall consist of the following
members, namely,-
(a) The Chancellor;
(b) The Vice Chancellor;
(c)
Three persons to be nominated by the Sponsoring body out of whom one shall be
an eminent educationist, one eminent researcher and one eminent public
administrator;
(d)Two
Deans or Directors of the constituent colleges, schools, institutes or centers
of the University, by rotation, to be nominated by the Vice Chancellor;
(e)
One expert of Management or Information Technology from outside the University
to be nominated by the Governing Body;
(f) Two experts representing other disciplines
such as finance, legal, social sector to be nominated by the Governing Body;
(g) One eminent industrialist to be nominated by
the Governing Body; and
(h) Secretary to the Government of Andhra Pradesh,
Higher Education Department or his representative not below the rank of Joint
Secretary to Government as an ex-officio member.
(2) The Chancellor shall be the Chairman of the Governing Body.
(3) (a) Save as otherwise provided in
this section, the term of nominated members of the Board shall be three years
from the date of nomination;
(b) An
ex-officio member shall continue so long as he holds the office by virtue of
which he is such a member;
(c) As
nearly as one third of the nominated members, except the ex-officio member
shall retire by rotation each year. In the first two instances, the Board may
decide the procedure to identify the members who will retire;
(d) A
member may be re-nominated for the next term;
(e) A
member may resign his office by writing under his hand, addressed to the
Chairman, but he shall continue in office until his resignation has been
accepted.
(4) The
Governing Body shall be the supreme authority of the University. All the
movable and immovable property of the University shall vest in the Governing
Body.
(5) The Governing Body shall have the following
powers, namely,-
(a) to provide
general superintendence and directions and to control functioning of the
University by using all such powers as are provided by this Act or the
Statutes, Ordinances, Regulations or rules made thereunder;
(b) to
review the decisions of other authorities of the University in case they are
not in conformity with the provisions of this Act or the Statutes, Ordinances,
Regulations or rules made thereunder;
(c) to
approve the budget and annual report of the University;
(d) to
lay down the extensive policies to be followed by the University;
(e) to
recommend to the Sponsoring body about the voluntary liquidation of the
University; and
(f)
such other powers as may be prescribed
by the Statutes.
(6) The Governing Body shall meet at
least three times in a financial year.
(7) Minimum four members shall form a
quorum for a meeting of the Governing Body.
Board
of Management.
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22.
(1) The Board of Management shall consist of the following persons, namely,-
(a) the Vice Chancellor;
(b) two members of the Governing Body, to be
nominated by the Sponsoring body;
(c) two eminent persons from the fields of
Management, Finance, Science & Technology or Public Administration, who are
not the members of the Governing Body, to be
nominated by the Sponsoring body;
(d) three persons from amongst the Heads of
Departments of the University, to be nominated by the Sponsoring body; and
(e) one lady faculty member to be nominated by the Chancellor.
(2) The Vice Chancellor shall be the
Chairman of the Board of Management:
Provided that in the absence of the Vice Chancellor, the Chancellor may,
at his discretion, nominate any other member of the Governing Body to be the
Chairman of the Board of Management.
(3) The
Powers and functions of the Board of Management shall be such as may be
prescribed by the Statutes.
(4) The
Board of Management shall meet at least once in every two months.
(5) Minimum
four members shall form a quorum for a meeting of the Board of Management.
Academic
Council.
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(2) The
Vice Chancellor shall be the Chairperson of the Academic Council.
(3) The Academic Council shall be the
principal academic body of the University and shall, subject to the provisions
of this Act, the Statutes, the Ordinances and the rules made thereunder,
co-ordinate and exercise general supervision over the academic policies of the
University.
(4) The
quorum for meetings of the Academic Council shall be such as may be prescribed
by the Statutes.
Dis-qualifications.
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24.
(1) A person shall be disqualified for being a member of any of the authorities
or bodies of the University, if,-
(a) he is of unsound mind and stands so declared by
a competent court;
(b) he is an undischarged insolvent;
(c) he has been convicted of any offence involving
moral turpitude;
(d) he is conducting or engaging himself in private
coaching with or without pecuniary gain; or
Vacancies
not to invalidate the constitution of, or the proceedings of any authority
or body of University.
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25. No act or proceedings of any authority of the
University shall be invalid merely by reason of any vacancy in or defect in the
constitution of any authority or body of the University.
Constitution
of committees.
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26. The authorities 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,
powers to be exercised and duties to be performed shall be such as may be prescribed
by the Statutes.
CHAPTER
V
STATUTES,
ORDINANCES AND REGULATIONS
First
Statutes.
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(a) the constitution, powers and functions of the
authorities and other bodies of the University as may be constituted from time
to time;
(b) the terms and conditions of appointment of the
Vice Chancellor, his powers and functions;
(c) the manner and terms and conditions of appointment
of the Registrar and Chief Finance and Accounts Officer, their powers and
functions;
(d) the manner and terms and conditions of
appointment of other officers and teachers and their powers and functions;
(e) the terms and conditions of service of employees
of the University;
(f) the procedure for arbitration in cases of
disputes between employees or students and the University;
(g) the conferment of honorary degrees;
(h)
framing of policy for admissions, including regulation of reservation of seats;
(i) fees to be charged from students; and
(j)
the provisions regarding exemption from payment of tuition fee and awarding
scholarships and fellowships to the students.
(2) The First Statutes of the University
shall be made by the Governing Body and shall be submitted to the Government
for its approval.
(3) The Government shall consider the
First Statutes, submitted by the University and shall approve it as far as
possible within two months from the date of its receipt, with or without
modifications, as it may deem necessary provided that the Government shall
mention reasons for such modifications, if any.
(4) The University shall communicate its
agreement to the First Statutes as approved by the Government, and if it
desires not to give effect to any or all the modifications made by the
Government under sub-section (3), it may give reasons therefore and after
considering such reason, the Government may or may not accept the suggestions
made by the University.
(5) The Government shall publish the
First Statutes, as finally approved by it, in the Andhra Pradesh Gazette, and thereafter it shall come
into force from the date of such publication.
Subsequent
Statutes.
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(a) Creation of new authorities of the University;
(b) Accounting policy and financial procedure;
(c)
Representation of teachers in the
authorities of the University;
(d)
Creation of new departments and
abolition or restructuring of existing department;
(e)
Institution of medals and prizes;
(f)
Procedure for creation and abolition of
posts;
(g)
Revision of fees;
(h)
Alteration of the number of seats in
different disciplines; and
(i)
All other matters which by or under the
provisions of this Act require to be prescribed by the Statutes.
(2) The Statutes of the University other
than the First Statutes shall be made by the Board of Management with the
approval of the Governing Body.
(3) The Statutes made under sub-section
(2) shall be submitted to the Government and it may approve or, if it considers
necessary, give reasoned suggestions for modification as far as possible within
two months from the date of receipt of the Statutes.
(4) The Governing Body shall consider the
modifications suggested by the Government and return the Statutes to it with
its agreement to such changes or with its comments on the suggestions made by
the Government.
(5) The Government shall consider the
comments of the Governing Body and may approve the Statutes with or without
modifications and it shall be published by it in the Andhra Pradesh Gazette, and shall come into force from
the date of such publication.
First Ordinances.
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(a) The admission of
students to the University and their enrolment as such;
(b) The courses of
study to be laid down for degrees and diplomas of the University;
(c) The award of
degrees, diplomas and other academic distinctions, the minimum qualifications
for the same;
(d) The conditions
for award of fellowships, scholarships, stipends, medals and prizes;
(e) The conduct of
examinations, including the terms of office and manner of appointment and the
duties of examining bodies, examiners and moderators;
(f)
Fees
to be charged for the various courses, examinations, degrees or diplomas of the
University;
(g) The conditions of
residence of the students of the University;
(h) Provision
regarding disciplinary action against the students;
(i)
The
creation, composition and functions of any other body which is considered
necessary for improving the academic standards of the University;
(j)
The
manner of co-operation and collaboration with other Universities and
institutions of higher education;
(k) Such other
matters which are required to be provided by the Ordinance by or under this
Act.
(2) The First Ordinances of University
shall be made by the Vice Chancellor which, after being approved by the Board
of Management, shall be submitted to the Government for its approval.
(3) The Government shall consider the
First Ordinances submitted by the Vice Chancellor under sub-section (2) as far
as possible within two months from the date of its receipt and may approve it
or give reasoned suggestions for modifications therein.
(4) The Vice Chancellor shall either
modify the Ordinances incorporating the suggestion of the Government or give
reasons for not incorporating any of the suggestions made by the Government and
shall return the First Ordinances, after due consideration by the Board of
Management, to the Government and on receipt of the same, it shall consider the
comments of the Vice Chancellor and may
approve the First Ordinances of the University with or without such
modifications and it shall then be published by the Government in the Andhra
Pradesh Gazette, and it shall come into force from the date of such publication.
Subsequent
Ordinances.
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(2) The Government shall consider the
Ordinances submitted by the Academic Council under sub-section(1) as far as
possible within two months from the date of its receipt and may approve it or
give reasoned suggestions for modifications therein.
(3) The
Academic Council shall either modify the Ordinances incorporating the
suggestion of the Government or give reasons for not incorporating any of the
suggestions made by the Government and shall return the Ordinances, after due
consideration by the Board of Management, to the Government and on receipt of
the same, it shall consider the comments of the Academic Council and may
approve the Ordinances with or without modifications and it shall then be
published by it in the Andhra Pradesh Gazette,
and shall come into force from the date of such publication.
Regulations.
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CHAPTER
VI
REGULATION
OF UNIVERSITY
Regulatory
Authority.
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32. (1) A
Regulatory Authority shall be established by the Government for the purpose of
providing a regulatory mechanism at the state level for working as an interface
between the Government and the Regulatory Bodies for the purpose of ensuring
appropriate standards of teaching, examination, research, extension programmes
and protection of interests of the students.
(2) The Regulatory Authority shall
function under the general control of the Chief Minister of Andhra Pradesh.
(3) The Regulatory Authority shall
consist of a Chairman and such other members, not exceeding two, as the
Government may decide from time to time.
(4) The Chairman shall be an eminent
educationist or an administrator who has a thorough knowledge of the working of
the institutions of higher education.
The members shall be persons of repute in the field of education,
finance, law, administration or management.
(5)
The Chairman and members shall be appointed by the Chief Minister from a list
of three names each selected by a Search Committee which shall be constituted
by the Chief Minister by nominating any three members from out of the Eminent
Persons Panel.
(6)
The Regulatory Authority shall have a full time Secretary who shall be
appointed by the Government and shall be an officer not below the rank of an
Additional Secretary to Government.
(7) The Chairman and the members shall
not be connected in any way with any of the private universities established
under this Act.
(8) The Chairman and members of the
Regulatory Authority shall hold office for a term of three years from the date
on which the individual enters office, or until he attains the age of sixty
five years, whichever is earlier, and he shall be eligible to be considered for
a second term of aforesaid years subject to the upper age limit of sixty five
years:
Provided that notwithstanding the expiry of
the said period the Chairman shall continue in office until his successor is
appointed, but such period shall not exceed six months:
Provided further that after the expiry
of the term, the Chairman and the members of the Regulatory Authority shall be
prohibited from accepting any pecuniary benefits in any form or in any name
whatsoever and any assignment or employment in any of the private universities
established under this Act.
(9) The other terms and conditions of
services of Chairman and the members, mode of authentication of orders and
decisions of the Regulatory Authority and instrument issued by the Regulatory
Authority, procedure of meeting of the Regulatory Authority, recruitment and
service conditions of the staff of the Regulatory Authority, temporary association
of persons with the Regulatory Authority for particular purpose, fund of the
Regulatory Authority as budget, annual report, accounts, audit and such other
matter, as may be required for proper functioning of the Regulatory Authority,
shall be provided in the rules made by the Government in this regard.
(10) It shall be the
general duty of the Regulatory Authority ---
(a) to
take all such steps as it considers necessary for determination and maintenance
of standards of teaching, examination and research in the private universities;
(b) to
constitute expert panels to periodically review the education and research
activities of the private universities;
(c) notwithstanding
anything contained in any other law for the time being in force to ensure that
private universities collect only such fees and other charges which cover the
cost of education imparted by them and also give a reasonable surplus to enable
them to maintain assets and carry out further expansion.
(d) to
ensure that the teachers of the private universities have at least the minimum
educational qualifications prescribed by the UGC or other regulatory bodies;
(e) to
ensure that the staff of the private universities is appointed in conformity
with the Statutes, Ordinances, norms and guidelines prescribed by the UGC and
other concerned statutory bodies;
(f)
to ensure that the
students enrolled in the private universities are not exploited and no
unethical means is adopted to collect undue or excessive fees from them;
(g) to
take action pertaining to and pursuant upon liquidation of a private university
including arrangement for completion of courses, conduct of examinations, award
of degrees etc. by assigning the jobs to some other State University in such a
manner that the interest of the students are not adversely affected and the
expenditure made for these arrangements for the students along with the process
of liquidation of the private university shall be made good from the money
deposited in the endowment fund and/or general fund.
(11) The Regulatory Authority shall have
powers to inspect the university at any time after giving prior notice of such
inspection.
(12) The findings of the Regulatory
Authority shall be communicated to the University. If necessary, a show cause
notice shall be issued to the University to rectify deficiencies.
(13) If the Regulatory Authority is not
satisfied with the reply given and the remedial action by the University, it
shall report to the Government for appropriate action.
(14) The Government may issue directions
on matters of policy to the Regulatory Authority which shall be binding.
Powers
of State Government to give directions.
|
33. (1) The Government may, for the purpose of
ascertaining the standards of teaching, examination and research or any other
matter relating to the University, cause an assessment to be made in such
manner as may be prescribed, by such person or persons as it may deem fit.
(2) The Government shall communicate its
recommendations to the University on the basis of such assessment for
corrective action. The University shall adopt such corrective measures and make
efforts so as to ensure compliance of the recommendations.
(3) The Government may give such
directions as it may deem fit if the University fails to comply with the
recommendations made under sub-section (2) within a reasonable time. The
directions given by the Government shall be immediately complied with by the
University.
Admissions
and fee structure.
|
(2) The
fee structure for various academic programmes in the University shall be made
in such manner as may be prescribed.
Convocation.
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Accreditation
University.
|
University
to follow rules, regulations, norms, etc. of regulating bodies.
|
37. Notwithstanding
anything contained in this Act, the University shall be bound to comply all the
rules, regulations, norms, etc., of the Regulating Bodies and provide all such
facilities and assistance to such Bodies as are required by them to discharge
their duties and carry out their functions.
CHAPTER VII
FUNDS OF UNIVERSITY
Endowment
Fund.
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38. (1) The Sponsoring
body shall establish an Endowment Fund for the University with an amount
specified in the Letter of Intent.
(2) The Endowment Fund shall be used as
security deposit to ensure that the University complies with the provisions of
this Act and functions as per provisions of this Act, the Statutes, the
Ordinances, the Regulations and the rules. The Government shall have the powers
to order forfeiture, a part or whole of the Endowment Fund in case the
University or the Sponsoring body contravenes the provisions of this Act or the
Statutes, the Ordinances, the Regulations or the rules made thereunder. In such
a case the forfeited amount shall be utilized for due compliance with the
provisions of this act, statutes ordinances, regulations or the rules as the
case may be:
Provided that before issuing an order of
forfeiture under this sub-section, the Government shall afford an opportunity
of representation to the University or the Sponsoring body as the case may be.
(3) The University if required may
utilize 75% of the income from Endowment Fund for the development of
infrastructure of the University and not to meet the recurring expenditure of
the University. The balance and
unutilized income shall be added to the Endowment Fund.
(4) 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.
(5) 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 the deposit shall be made with the condition that the amount shall not
be withdrawn without the permission of the Government.
General
Fund.
|
39. Every University
shall establish a fund, which shall be called the General Fund to which the
following shall be credited, namely:-
(a) fees
and other charges received by the University;
(b) any
contributions made by the Sponsoring body;
(c) any
income received from consultancy and other work undertaken by the University in
pursuance of its objectives;
(d) trusts,
bequests, donations, endowments and any other grants; and
(e) all
other sums received by the University.
Application
of General Fund.
|
(a) for
the repayment of debts including interest charges thereto incurred by the
University for the purposes of this Act and the Statutes, the Ordinances, the
Regulations and the rules made thereunder with the prior approval of the
Governing Body;
(b) for
upkeeping the assets of the University;
(c) for
the payment of the fee for audit of the funds created under sections 38 and 39;
(d) for
meeting the expenses of any suit or proceedings by or against the University;
(e) for
the payment of salaries, allowances, Provident Fund contributions, gratuity and
other benefits to officers, employees and members of the teaching and research
staff;
(f)
for the payment of travelling and other
allowances of the members of the Governing Body, the Board of Management, the
Academic Council, other authorities and the members of any committee appointed
by any of the authorities or the Chancellor or the Vice Chancellor ;
(g) for
the payment of fellowships, freeships, scholarships, assistantships and other
awards to the students belonging to economically weaker sections of the society
or research associates, trainees or, as the case may be, to any student
otherwise eligible for such awards under the Statutes, the Ordinances, the
Regulations or the Rules;
(h) for
the payment of any expenses incurred by the University in carrying out the
provisions of this Act or the Statutes, the Ordinances, the Regulations or the
Rules;
(i)
for the payment of cost of capital, not
exceeding the prime lending rate from time to time of the State Bank of India,
incurred by the Sponsoring body for setting up the University and the
investments made therefor;
(j)
for the payment of charges and
expenditure relating to the consultancy work undertaken by the University in pursuance of the provisions of this
Act or the Statutes, the Ordinances, the
Regulations or the rules made thereunder;
(k) for
the payment of any other expenses including service fee payable to any
organization charged with the responsibility of providing any specific service,
including the managerial services to the University, on behalf of the
sponsoring body, as approved by the Board of Management to be an expense for
the purposes of the University:
Provided that no expenditure shall be
incurred by the University in excess of the limits for total recurring
expenditure and total non-recurring expenditure for the year, as may be fixed
by the Board of Management, without prior approval of the Board of Management.
CHAPTER VIII
ACCOUNTS, AUDIT AND ANNUAL
REPORT
Annual
Report.
|
41. The Annual Report shall be prepared by the University
which shall include among other matters, the steps taken by the University
towards the fulfillment of its objectives and shall be submitted to the
Government.
Annual
Accounts and Audit.
|
(2) A copy of
the Annual Financial Statements together with the Audit Report shall be
submitted to the Government by the end of the month of November every year.
CHAPTER IX
WINDING UP OF UNIVERSITY
Management
of University on dissolution of Sponsoring Body.
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43. (1) If the Sponsoring body proposes to dissolve itself
according to the provisions of law governing its constitution, it shall give at
least six months prior notice to the Government.
(2) The
Government shall, on receipt of such notice make such arrangements as may be
necessary, for the administration of the University from the date of
dissolution of the Sponsoring body till the completion of syllabus by the last
batch of students admitted to the University.
(3) The
Government may also decide to continue the functioning of the University by
appointing an administrator in place of Sponsoring body, who shall be entrusted with the powers and functions
as may be prescribed or where the Government decides to vest the powers of the
Governing Body in the prescribed manner to other societies having similar
objects.
(4) The
Government on dissolution of the Sponsoring body after due consideration, may dissolve the University
in such manner as may be prescribed.
Dissolution
of University.
|
Provided that the
dissolution of the University shall have effect only after the last batches of
students of the regular courses have completed their courses and they have been
awarded degrees, diplomas or awards as the case may be.
(2) On
dissolution, the land assigned by the Government to the University shall be
resumed.
Special
Powers of State Government in certain circumstances.
|
45. (1) Where the
Government is of the opinion that the University has contravened any of the
provisions of this Act, the Statutes or the Ordinances or the Regulations or
the rules made thereunder or has violated any of the directions issued by it
under this Act 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 administrator be not appointed.
(2) On
receipt of reply of the University on the notice issued under sub-section (1),
if the Government is satisfied that there is a prima facie case of
contravention of any of the provisions of this Act or the Statutes, the
Ordinances, the Regulations or the rules made thereunder or violation of
directions issued by it under this Act or there is financial mismanagement or
maladministration, it shall make an order of such inquiry as it may consider
necessary.
(3) The
Government shall, for the purposes of any such inquiry under sub-section (2),
appoint an inquiry officer or officers to inquire into any of the allegations
and to make report thereon.
Central Act No.5 of 1908.
|
(a) summoning and enforcing the
attendance of any person and examining him on oath;
(b) requiring the discovery and
production of any such documents or any other material as may be predicable in
evidence; and
(c) requisitioning any public record
from any court or office.
(5) On receipt of the inquiry report from
the officer or officers appointed under sub-section(3), if the Government is
satisfied that the University has contravened all or any of the provisions of
this Act or the Statutes, the
Ordinances, the Regulations or the rules made thereunder or has violated any of
the directions issued by it under this Act or a
situation of financial mismanagement and maladministration has arisen in
the University which threatens the academic standards of the University, it may
appoint an administrator.
(6) The administrator appointed under
sub-section (5) shall exercise all the powers and perform all the duties of the
Governing Body and the Board of Management 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 with degrees, diplomas or awards as the case may be.
(7) 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 that
effect to the Government.
(8) On receipt of the report under
sub-section(7), the Government after due consideration, may decide to continue
the functioning of the University by vesting the powers of the Governing body
in the prescribed manner to other societies having similar objects or the
government may decide to dissolve the University in such manner as may be
prescribed.
CHAPTER X
Powers
of Government to make rules.
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46.(1) The Government may, by
notification, make rules to carry out all or any of the purposes of this Act.
(2) In particular and without prejudice to the
generality of the foregoing powers, such rules may provide for all or any of
the following matters namely,-
(a)
The manner of making proposal and Project Report to establish University and
the fees payable under section 6;
(b)
Other particulars of the Project Report under section 7;
(c)
Terms and conditions under sub-section (2) of Section 10;
(d)
Other matters relating to Statutes and Ordinances under sub-section (1) of
sections 27, 28 and 29;
(e)
Matters relating to dissolution of the Sponsoring body under section 43;
(f)
Matters relating to dissolution of the University under section 44 and section
45.
(3)
Every rule made under this Act shall, immediately after it is made, be laid,
before each House of the State Legislature, if it is in session and if it is
not in session, in the session immediately following for a total period of
fourteen days which may be comprised in one session or in two successive
sessions and if, before the expiration of the Session in which it is so laid or
the Session immediately following the Legislature of the State agrees in making
any modification in the rule or in the annulment of the rule, the rule shall,
from the date on which the modification or annulment is notified, have effect
only in such modified form or shall stand annulled 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 rule.
Power
to remove difficulties.
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47. (1) If any difficulty arises in
giving effect to the provisions of this Act, the Government may, by order
published in the Andhra Pradesh Gazette, make provisions not inconsistent with
the provisions of this Act, as appear to
it to be necessary or expedient for
removing the difficulty:
Provided that no such order shall be
made under this section after the expiry of three 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 State
Legislature.
SCHEDULE-I
(See section 3)
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Sl.
No.
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Name and location (address) of
the Private University
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Name & address of the
Sponsoring body
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Details of registration of the Sponsoring body
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1.
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2.
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3.
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4.
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SCHEDULE-II
(See section 10(2))
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1.
Endowment Fund
The Sponsoring body shall establish an
Endowment Fund with a minimum amount of Rs.5.00 crore. The Government shall
have the power to direct any upward revision of the Endowment Fund from time
to time.
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2. Land requirements
The
Sponsoring body shall procure a minimum of 30 acres of land within municipal
limits and 40 acres in other areas, if not already available.
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3. Space requirements
The
Sponsoring body shall construct buildings such as Administrative, Academic
and other buildings such as student activity center, auditorium etc. with a
minimum plinth area of 10,000 sqm.
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4. Books and Journals
The
Sponsoring body shall purchase books and journals, including e-books and
e-journals, worth at least Rs.30 lakh for the library.
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5. Equipment and Infrastructure
The
Sponsoring body shall invest a sum of about Rs 2.00 crore on purchase of
equipment (including laboratory equipment), furniture and construction of
infrastructural facilities and utilities (other than buildings).
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6.Academic Departments and
Faculty
The
Sponsoring body shall start at least five post graduate academic departments.
Every department shall have a minimum of six permanent faculty members (1
Professor, 2 Associate Professors and 3 Assistant Professors) having
prescribed qualifications, together
with the necessary supporting technical and ministerial staff as prescribed
by the respective Statutory Bodies.
7.IT Infrastructure
The
Sponsoring Body must provide good IT infrastructure including broadband for
internet facilities by investing a sum of at least Rs.1.00 crore.
8.
The sponsoring body shall furnish an
undertaking to provide the following within the first five years:
(a)
to create an additional carpet area of at least 10,000 sqm for academic and
administrative purposes.
(b)
to provide on campus residential accommodation to at least 25% of students
and 20% of faculty.
(c)
to invest a sum of at least Rs. 50
lakhs on purchase of books and journals including e-books and e-journals.
(d)
to invest a sum of at least Rs.5.00
crore on equipment, furniture, other movable and immovable assets and
infrastructure facilities (other than buildings).
(e)
to invest a sum of at least Rs.1.00 crore on expanding IT infrastructure
including broadband for internet.
(f)
to provide Research funding to the
tune of at least Rs. 3.00 crore.
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--------------------------
STATEMENT OF OBJECTS AND
REASONS
The “Andhra Pradesh Private
Universities (Establishment and Regulation) Bill, 2015” is unique in nature and
aims at creating world class centers of
learning with a core objective to establish universities to achieve the goals
of quality higher education and to bestow attention to research of global
standards. The main objectives of these Universities are;
(1)
create and disseminate knowledge across a broad range of disciplines.
(2)
Engage students in the process of discovery of critical thinking,
inculcate in them the habit of lifelong learning.
(3)
Focus on original research, innovation and entrepreneurship.
(4)
Allow for diversity of regional and educational backgrounds and fields
of enquiry in order to promote productive intellectual engagement.
Ultimate intention is to develop Andhra
Pradesh as a “Knowledge Hub” which would provide high quality, research
oriented and industrial relevant education.
A number of private Universities have
already been established, in various States, by private persons without financial
assistance from the Government. In this era of liberalization and global
education, it is germane to attract, encourage and prompt the private sector to
participate in the higher education sector. It has, therefore, become necessary
to lay the legislative pathway to establish self-financing Universities and
which at the same time provides for an effective regulatory mechanism for
maintenance of standards in these Universities.
The
Bill seeks to achieve the above objects.
MEMORANDUM REGARDING DELEGATED
LEGISLATION
Clauses 1, 2, 3, 5, 6, 7, 10,
33, 37, 38, 43, 44, 46 and 47 of the Bill authorizes
the Government to issue notifications and make rules in respect of the matters specified therein and generally to carryout
the purposes of the Act. All such notifications issued or rules so made, which
are intended to cover matters mostly of procedural in nature are to be laid on
the table of the both Houses of the State Legislature and will be subject to
any modifications made by the Legislature.
The
above provision of the Bill regarding delegated legislation are thus of normal
type and mainly intended to cover matters of procedure.
MEMORANDUM UNDER RULE 95 OF THE RULES
OF PROCEDURE AND CONDUCT OF BUSINESS IN THE ANDHRA PRADESH LEGISLATIVE ASSEMBLY
The Andhra Pradesh Private
Universities (Establishment and Regulation) Bill, 2015, after it is
passed by the Legislature of the State may be submitted to the Governor for his
assent under article 200 of the Constitution of India.
A
BILL TO PROVIDE FOR ESTABLISHMENT AND REGULATION OF PRIVATE UNIVERSITIES IN THE
STATE OF ANDHRA PRADESH WITH OBJECTS TO PROVIDE HIGH QUALITY, RESEARCH ORIENTED
AND INDUSTRY RELEVANT HIGHER EDUCATION AND TO IMPROVE ACCESS AND EQUITY IN
HIGHER EDUCATION IN ORDER TO ENHANCE THE GROSS ENROLMENT RATIO (GER) AND FOR
THE MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.
Be it enacted by the Legislature of
the State of Andhra Pradesh in the Sixty-sixth year of the Republic of India,
as follows:-
CHAPTER I
Short
title, extent and commencement.
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1. (1) This
Act may be called the Andhra Pradesh Private Universities (Establishment and
Regulation) Act, 2015.
(2) It
extends to the whole of the State of Andhra Pradesh.
(3) It
shall come into force on such date as the State Government may, by
notification, appoint.
Definitions.
|
2. In this Act, unless the context otherwise
requires:-
Central Act No.52 of 1987.
|
Central Act
No.21
of 1860.
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(c) “BCI”
means the Bar Council of India;
(d) “Central
Government” means the Government of India;
(e) “Constituent
College or Institution” means and includes a college or institution of the
Sponsoring body;
Act No.16 of 1988.
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(g) “CSIR”
means the Council of Scientific and Industrial Research, New Delhi, a society
registered under the Societies Registration Act 1860;
(h) “DBT”
means the Department of Biotechnology of the Central Government;
(i) “DST”
means the Department of Science and Technology of the Central Government;
(j) “Eminent
Persons Panel” means a panel of nine persons of impeccable integrity having
outstanding knowledge and expertise in academics, scientific research, public
administration, finance, law or management etc. notified by the Government from
time to time.
(k) “Fee”
means collection made by the University from the students for different
purposes under different heads and which is non-refundable;
(l) “Government”
means the Government of Andhra Pradesh;
(m) “Green
Field” means starting
of a university fresh for the
first time from scratch without any consideration to any existing educational
institution(s) or anything related to such institution(s);
Central Act No.21 of 1860.
Central Act
No.102 of 1956.
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(o) “ICAR”
means the Indian Council of Agricultural Research, registered under the
Societies Registration Act, 1860;
(p) “MCI”
means the Medical Council of India constituted under the Medical Council Act,
1956;
(q) “NAAC”
means the National Assessment and Accreditation Council, an autonomous
institution of the UGC;
Central Act No.73
of 1993.
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Central Act No.8 of 1948.
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(t) “PCI”
means Pharmacy Council of India constituted under section 4 of the Pharmacy
Act, 1948;
(u) “Prescribed”
means prescribed by rules made under this Act;
(v) “Private
University” means a University established under section 3 of this Act and
hereafter also referred to as University;
(w) “Regulatory
Authority” means an Authority established under section 32;
(x) “Regulatory
Body” means and includes a body such as
UGC, AICTE, NCTE, MCI, PCI, NAAC, ICAR, DBT, DST, CSIR, BCI established by the
Central Government or Government for maintenance of standard of higher education;
(y) “Regulations”
means regulations made by any authority of the University under section 31;
(z) “Rules”
means rules made under section 46;
(za) “Schedule”
means the Schedules appended to this Act;
(zb) “Screening
Committee” means the Committee constituted under Section 8;
(zc) “Sponsoring
body” in relation to a University established under this Act means:-
Central Act No.21
of 1860,
Act No.35 of 2001.
Central Act No.2 of 1882.
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(ii) a public trust “not for profit”
registered under the Indian Trusts Act, 1882; or
(iii) any
other society or trust “not for profit”
registered as above and formed by consortia of academic institution(s),
industry and/or educational societies;
Central Act
No.13
of 2013.
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Act No.4 of 1991.
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(ze) “Statutes”
and “Ordinances” mean the Statutes and the Ordinances of the University made
under this Act;
(zf) “Student”
means a student of the University and includes any person enrolled in the
University for pursuing any course of study for a degree, diploma or other
academic distinction duly instituted by the University, including a research
degree;
(zg) “Teacher”
means a Professor, Associate Professor, Assistant Professor, or any other person
required to impart education or to guide research or render guidance in any
other form to the students for pursuing a course of study of the University;
Central Act
No.3
of 1956.
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(zh) “UGC”
means the University Grants Commission established under section 4 of the
University Grants Commission Act, 1956.
CHAPTER II
Establishment
of
University.
|
3. (1) The Government may permit the
establishment of a University by inclusion of the name and location of the
University, the name and address of the Sponsoring body and details of its
registration in Schedule I.
(2) The
location of the University shall be within the State of Andhra Pradesh and
shall be notified by the Government.
(3) The
University shall be a Green Field one and unitary in nature and shall not have
power or provision to affiliate and recognize any college or institution to it.
(4) The
University shall have one campus to start with:
Provided
that the Government may permit opening of campus centres anywhere within the
State of Andhra Pradesh, after satisfactory running for a period of five (5)
years and subject to fulfillment of such infrastructural and other requirements
as may be specified by the Government.
(5) The
University may be permitted by the Government to conduct distance education
programme anywhere within the State of Andhra Pradesh after satisfactory
running for a period of five years and after obtaining necessary approvals of
the UGC.
(6) The
Governing Body, the Board of Management, the Academic Council and the
Chancellor, the Vice Chancellor, the Registrar, the Chief Finance and Accounts
Officer and such other officers or authorities, so long as they continue to
hold such office or membership of the respective University specified in
Schedule 1, hereby constitute a body corporate by the name of the said
University.
(7) Each such University shall be a body corporate
by the name included in Schedule 1 and shall have perpetual succession and
common seal with power, subject to the provisions of this Act, to acquire and
hold property, to contract and shall, by the said name, sue or be sued.
(8) The
Universities shall not claim as a matter of right to receive any grant-in-aid
or other financial assistance from Central Government or the Government.
Objects
of the University.
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4. The
objects of the University shall be as follows:-
(a) to create, organize, preserve and disseminate
knowledge in the fields of science and technology, humanities, social sciences,
education, management, commerce, law, pharmacy, healthcare and any other field
of higher education including professional education for the advancement of
mankind in particular and to create higher al assistance from the Central
Government or the Government levels of intellectual abilities;
(b) to provide for instruction, teaching, learning
and training in the University in the field of higher education and make
provisions for research, advancement and dissemination of known and new
knowledge;
(c) to establish, maintain and manage institutions
and centers of excellence, to create, organize, preserve and disseminate
knowledge in the fields of higher education;
(d) to create centers of excellence for research and
development and for sharing knowledge and its application;
(e) to develop infrastructure and state-of-art facilities
for research, higher education,
instruction, teaching, learning, training, extension and outreach;
(f) to
develop educational programmes for diplomas, degrees and post-graduate courses,
doctorate degrees and post-doctoral programmes and to maintain high standards
of education and to collaborate with reputed national and global
institutions to offer programmes and to
create capabilities for upgrading programmes to global standards keeping in
view the guidelines/ regulations of the UGC;
(g) to confer degrees, diplomas and other academic
distinctions on the basis of examination or any other method of evaluation
keeping in view the guidelines of the University Grants Commission;
(h) to ensure that the standards of the degrees,
diplomas and other academic distinctions are higher than those laid down by the
Regulatory Bodies;
(i) to establish close linkage with the industry,
business, educational institutions and other sections of the society to make
teaching, research, training, documentation, publication relevant to the needs
of the University and Society, at national and international level;
(j) to
provide consultancy to the industry and public and private organizations;
(k) to provide avenues for innovations, set up
incubation centers and to develop entrepreneurship skills;
(l) to
provide for arrangement for national and global participation in the field of
higher education including foreign Institutions/ Universities keeping in view
the guidelines of the Regulatory Bodies;
(m) to adopt new digital technologies for developing
online electronic content;
(n) to pursue any other objectives as may be
approved by the Government:
Provided that notwithstanding anything
contained in this Act and save as provided in any Central Act, the University
shall be eligible to undertake the functions of disseminating of knowledge only
in the fields for which the Government has issued Letter of Intent or in the
fields subsequently approved by the Government.
Powers
and functions of the University.
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5. The University shall exercise the following
powers and perform the following functions, namely:-
(xxxvii)
to administer and manage the University,
establish, administer and manage its constituent colleges, schools, institutes
and centers for research, education, training, extension and outreach;
(xxxviii)
to provide for research, higher
education including professional education, teaching, learning, training,
extension and outreach in the fields of science and technology, humanities,
social sciences, education, management, commerce, law, pharmacy, healthcare and
any other fields;
(xxxix)
to prescribe courses, curricula and
methodologies and provide for flexibility in the delivery of education;
(xl) to
conduct the programmes and courses of study as are in the opinion of the
University, necessary for the furtherance of its objects;
(xli) to
conduct innovative experiments in educational technologies, teaching and
learning methods to constantly improve the delivery of education and to achieve
international standards of education;
(xlii) to
offer joint programmes in collaboration with reputed national and international
institutions recognized by Regulatory Bodies;
(xliii) to
hold examinations and confer degrees, diplomas and other academic distinctions
or titles on persons subject to such
condition as the University may determine and to withdraw or cancel any such
degrees, diplomas and other academic distinctions or titles in the manner
prescribed by the Regulations;
(xliv) to
confer honorary degrees or other distinctions in the manner prescribed by the
Statutes;
(xlv) to
establish a new constituent college, institution or center for furtherance of its objects;
(xlvi) to
co-operate with other Universities, and acquire membership of bodies,
authorities, or associations, which may have been formed for the advancement of
learning, science or research, or for the dissemination of knowledge or for the
physical and moral welfare of students, in such manner and for such purpose as
the University may determine by
Statutes;
(xlvii) to
maintain linkages and collaborate with educational or other institutions in any part of the world having objects
wholly or partially similar to those of the University, through exchange of
students, researchers, faculty and staff and generally in such manner as may be
conducive to their common objects subject to the relevant regulations of UGC ;
(xlviii) to sponsor
and undertake research and educational programmes in the fields of science and
technology, humanities, social sciences, education, management, commerce, law,
pharmacy, healthcare and any other allied areas;
(xlix)to
undertake research and to obtain registration in respect of such research in
the nature of patents, design rights and such or similar rights with the
competent authorities;
(l)
to render services of research,
training, consultancy and such other services as required for the purposes of
the University;
(li) to
develop and maintain relationships with faculty, researchers, administrators
and domain experts in science and technology, humanities, social sciences,
education, management, law, commerce, pharmacy, healthcare and allied area for
achieving the objects of the University;
(lii) to
provide for publication and reproduction
of research, educational material and other works and to organize exhibitions
conferences, workshops and seminars;
(liii) to
establish, maintain and manage halls, hostels for students and quarters for the
residence of faculty and staff;
(liv) to
construct, manage and maintain centers, complexes, auditoria, buildings, stadia
for the advancement of sports, cultural, co-curricular and extra-curricular
activities;
(lv) to
institute and award fellowships, scholarships,
prizes, medals and other awards;
(lvi) to
regulate the expenditure and to manage the finances and to maintain the
accounts of the University;
(lvii) to
fix, demand and receive or recover fees and such other charges as may be
prescribed by the Statutes;
(lviii)to
receive funds, movable and immovable properties, equipments, software and other
resources from business, industry, other sections of society, national and
international;
(lix) to
purchase or to take on lease or accept as gifts, bequests, legacies or otherwise
any land or building or works which may be necessary or convenient for the
purpose of the University and on such
terms and conditions as it may think fit and proper and to construct or alter
and maintain any such building or works;
(lx) to
sell, exchange, lease or otherwise dispose
of all or any portion of the properties of the University, movable or
immovable, with the prior permission of the Government, on such terms as it may
think fit and consistent with the interest, activities and objects of the University;
(lxi) to
draw and accept, to make and endorse, to discount and negotiate promissory
notes, bills of exchange, cheques and other negotiable instruments;
(lxii) to
raise and borrow money on bond, mortgages, promissory notes or other
obligations or securities founded or based upon all or any of the properties
and assets of the University or without any securities with the prior
permission of the Government and upon such terms and conditions as it may
think fit and to payout of the funds of
the University, all expenses incidental to the raising of money, and to repay
and redeem any money borrowed;
(lxiii)
to invest the funds of the University in
or upon such securities and transpose any investment from time to time with the
prior permission of the Government in such manner as it may deem fit in the
interest of the University;
(lxiv)
to execute conveyances regarding
transfers, mortgages, leases, licenses, agreements, and other conveyances in
respect of property, movable or immovable including Government securities
belonging to the University or to be acquired for the purpose of the University
with the prior permission of the Government;
(lxv)
to admit students for the courses
offered by the University in the manner prescribed by the Ordinances; to create
academic, technical, administrative, ministerial and other posts prescribing
qualifications by the Ordinances and to make appointments thereto;
(lxvi)
to create academic, technical,
administrative, ministerial and other posts prescribing qualifications by the
Ordinances and to make appointments thereto;
(lxvii)
to institute professorships, associate
professorships, assistant professorships, readerships, lectureships, and any
other teaching, academic or research posts and to prescribe by the Statutes,
the qualifications for the persons to be appointed on such posts;
(lxviii)
to appoint qualified persons as
professors, associate professors, assistant professors, or as teachers and
researchers or other officers of the University in such manner as may be
prescribed by the Statutes;
(lxix)
to make arrangements for social and
cultural activities and for promoting health and general welfare of students,
faculty and staff of the university;
(lxx)
to regulate and enforce discipline among
the students, employees of the University and to provide for such disciplinary
measures as may be prescribed by the Regulations;
(lxxi)
to delegate all or any of its
powers(except the power to make regulations) to any officer or authority of the
University, and
(lxxii)
to do all such acts and things as the
University may consider necessary conducive or incidental to the attainment or
enlargement of all or any of the objects of the University;
Application
for establishment of a University.
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6. Any Sponsoring body desirous of establishing
a Private University shall make an application to the Council containing the
proposal and the project report in such manner containing such particulars
along with such fee as may be prescribed.
Project
report.
|
7. In addition to the particulars as may be
prescribed under section 6, the project report shall contain the following,
namely:-
(w)
Central Act
No.21 of 1860, Act No.35 of 2001, Central Act No.2 of 1882.
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(x) The information
regarding financial resources of the Sponsoring body along with audited
financial statements for the past five years;
(y) The name and
location of the proposed University;
(z) The objectives
of the University;
(aa) The nature and
type of programmes of study and research proposed to be undertaken by the
University and their relevance to the development goals, emerging areas, local
needs and employment needs of the State and phasing of such programmes over the
initial three years with course wise enrolment targets;
(bb) The relevant
details must also be provided if the University proposes to start some
programmes for the benefit of farmers, women and industries;
(cc) The experience
and expertise in the concerned disciplines at the command of the Sponsoring
body;
(dd) The teaching and
non-teaching staff to be deployed before the University starts functioning and
the phased programme for initial three years;
(ee) The details of
plans for campus development such as details of land, including land in
possession, if any, construction of buildings, development of structural
amenities and infrastructure facilities and procurement of equipment, etc., to
be undertaken before the University starts functioning and the phased programme
for initial three years;
(ff) The phased
outlays of capital expenditure proposed for the next three years and its
sources of finance;
(gg) The estimated
recurring expenditure program-wise or activity-wise, sources of finance and
estimated expenditure per student;
(hh) The scheme of
mobilizing resources and the cost of capital thereto and the manner of
repayment to such sources;
(ii) The scheme for
generation of funds internally through the recovery of fees from students,
revenues anticipated from consultancy services and other activities relating to
the objects of the University, and other anticipated incomes;
(jj) The proposed fee
structure with reference to the details of expenditure on unit cost and the
extent of concessions or rebates in fee or free-ships and scholarships to the
poor students from economically poor or socially backward families, including
Scheduled Castes, Scheduled Tribes, other Backward Classes and physically
challenged students;
(kk) The system
proposed to be followed for selecting students for admission to the courses of
study at the University;
(ll) The system
proposed to be followed for appointment of teachers and other employees in the
University;
(mm) The details of
play grounds and other facilities proposed
to be created for games and sports and extra curricular activities
like National Cadet Corps, National
Service Scheme, Scouts and Guides, etc;
(nn) The arrangement
proposed to be made for academic auditing;
(oo) Justification
regarding the necessity of establishment of the proposed University;
(pp) Commitment to
follow the norms of the Regulatory Bodies;
(qq) Such other
details as the Sponsoring body may like to give;
(rr)
The power of Council for
constitution of Screening Committee and factors to consider proposal.
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8. (1) The Council, on receipt of the
application made under sections 6 and 7 by the sponsoring body, shall
constitute a Screening Committee consisting of ;
(e)
One expert in educational administration;
(f)
One expert from legal field;
(g)
One expert with financial matters;
(h)
Two eminent academicians (of whom one
will be the convener).
(2) The
Council shall refer the application made by the Sponsoring Body to the
Screening Committee constituted under sub-section (1).
(3) The Screening Committee shall
consider the proposal and the project report based on the information given
under sections 6 and 7 and recommend or otherwise whether the proposal to set
up a Private University is acceptable and whether the Sponsoring body is
competent to run the University.
(4) The Screening Committee shall consider
the proposal with reference to the following factors:
(d) financial
soundness and assets of the Sponsoring body and its ability to setup the infrastructure
of the proposed University;
(e) background
of the Sponsoring body such as experience in the field of education, its
credibility and general reputation;
(f) potentiality
of the courses to be offered which are not only of conventional nature but also
in tune with the contemporary requirements of emerging branches of learning and
relevant to various development sectors and to the society in general;
(5) The Screening 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.
(6) The Screening Committee shall submit
its report to the Council as far as possible within a period of three months.
Recommendations
of the Council.
|
9. The Council shall furnish its recommendations
on the report of the Screening Committee to the Government within a period of
one month from the date of submission of the report by the Screening
Committee.
Letter
of intent.
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(2) The Council, while issuing the Letter
of Intent, shall require the Sponsoring body to fulfill such terms and
conditions as prescribed in Schedule II and any other terms and conditions as
prescribed.
(3) The Sponsoring body shall fulfill the
terms and conditions and report compliance to the Council within a period of
two years from the date of issue of Letter of Intent. The Government may extend
the time if satisfied with the reasons for delay.
(4) On receipt of compliance report, the
Council shall, within a period of one month, request the Screening Committee
constituted under Section 8 or constitute another similar Committee to verify
the compliance report and submit a report within a further period of one month.
Establishment
of
University by Legislation.
|
11.
If the Government is satisfied that the Sponsoring body has complied with the
conditions of Letter of Intent and on the specific recommendations of the
Council, it may bring appropriate legislation within a maximum period of seven
months for inclusion of the name of the University in Schedule 1 with details
of its location. If the Government is not so satisfied, it may point out
deficiencies and suggest that the proposal be resubmitted after effecting
necessary rectifications within a period of six months.
Management
of certain institutions.
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12.
Subject to the provision of sub-section (4) of section 3 the University may, as
and when it deems fit and proper, establish and manage some constituent
colleges and centers for research, education, training, extension and outreach
within the State of Andhra Pradesh.
University
open to all
irrespective of
sex, religion,
class, creed or
opinion.
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13.
(1) No person shall be excluded from any office of the University or from
membership of any of its authorities or from admission to any degree, diploma
or other academic distinction or course of study on the ground of sex, race,
creed, class, caste, place of birth, religious belief or political or other
opinion.
(2) It shall not be lawful for the
University to impose on any person any test whatsoever relating to sex, race,
creed, caste, class, place of birth, religious belief or political or other
opinion in order to entitle him to be admitted as a student or to hold any
office or post in the University or to qualify for any degree, diploma or other
academic distinction or to enjoy or exercise any privileges of the University
or any benefaction thereof.
CHAPTER III
OFFICERS
OF UNIVERSITY
Officers
of University.
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(a)
The Chancellor;
(b)
The Vice Chancellor;
(c)
The Registrar;
(d)
The Chief Finance and Accounts Officer; and
(e)
such other officers as may be declared by the Statutes to be the officers of
the University.
Chancellor.
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15.
(1) The Chancellor shall be appointed by the Sponsoring body for a period of
five years from a panel of three names selected by a Search Committee. The Search
Committee shall be constituted by the Sponsoring body and shall consist of any
three members nominated from out of the Eminent Persons Panel.
(2) The Chancellor shall be the head of
the University.
(3) The Chancellor shall preside at the meetings
of the Governing Body and at the convocation of the University for conferring
degrees, diplomas or other academic distinctions and in his absence by any
other member of the Governing Body nominated by it.
(4)
The Chancellor shall have the following powers, namely,-
(a)
to call for any information or record;
(b)to
remove the Vice Chancellor in accordance with the provisions of sub-section (6)
of section 16;
(c) such other powers
as may be prescribed by the Statutes.
Vice
Chancellor.
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(iv)
an eminent professional to be nominated
by the Governing Body;
(v)
an eminent educationist to be nominated
by the Governing Body; and
(vi)
one member of the Governing Body to be
nominated by the Chancellor from out of the category of members listed under clause (c), (e),(f) or (g) of
sub-section (1) of Section 21:
Provided
that, after expiry of the term of three years, a person shall be eligible for
re-appointment for another term of three years subject to the upper age limit
of 65 years:
Provided further that a Vice Chancellor
shall continue to hold office even after expiry of his term till a new Vice
Chancellor takes charge of the office, but in any case this period shall not
exceed one year:
Provided also that the Chancellor may
appoint the first Vice Chancellor for a period of one year or until a regular
Vice Chancellor is appointed under this section whichever is earlier.
(2) The Vice Chancellor shall be the
principal executive and academic officer of the University and shall exercise
general superintendence and control over the affairs of the University and
shall execute the decisions of various authorities of the University.
(3) Where, 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 Chancellor, whose
decision thereon shall be final:
Provided further that where any such
action taken by the Vice Chancellor affects any person in the service of the
University, such person shall be entitled to prefer, within three months from
the date on which such action is communicated to him, an appeal to the
Governing Body and it may confirm or modify or reverse the action taken by the
Vice Chancellor.
(4) Where, in the opinion of the Vice
Chancellor , decision of any officer or authority of the University is not
within the powers conferred by this Act or the Statutes, the Ordinances, the
Regulations or the rules or is likely to
be prejudicial to the interest of the
University, he shall request the concerned authority to revise its decision
within fifteen days from the date of its decision and in case the authority
refuses to revise such decision wholly or partly or fails to take any decision
within fifteen days, then such matter shall be referred to the Chancellor and
his decision thereon shall be final.
(5) The Vice Chancellor shall exercise
such powers and perform such functions as may be prescribed by the Statutes or
the Ordinances.
(6) The Chancellor may, on representation
made or otherwise and after making such inquiry as may be necessary and is of
the opinion that the continuance of the Vice Chancellor in office is not in the interests of the
University, by an order in writing stating the reasons therein, direct the Vice
Chancellor to relinquish his office from the date 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.
Registrar.
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17. (1) The
appointment of the Registrar shall be made by the Chancellor in such manner as
may be prescribed by the Statutes.
(2) All contracts shall be signed and
all documents and records shall be authenticated by the Registrar on behalf of
the University.
(3) The Registrar shall be the
Member-Secretary of the Governing Body, the Board of Management and the
Academic Council but he shall not have a right to vote.
(4) The Registrar shall exercise such
powers and perform such duties as may be specified in the Statutes or the
Ordinances.
Chief
Finance & Accounts Officer.
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18. (1) The
appointment of the Chief Finance and Accounts Officer shall be made by the
Chancellor in such manner as may be prescribed by the Statutes.
(2) The Chief Finance and Accounts
Officer shall exercise such powers and perform such duties as may be specified
in the Statutes or the Ordinances.
Other
Officers.
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19. (1) The
University may appoint such other officers as may be necessary for its
functioning.
(2) The manner of appointment of other
officers of the University and their powers and functions shall be such as may
be specified in the Statutes or the Ordinances.
CHAPTER
IV
Authorities of the University.
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20. The following shall be the authorities of the
University, namely:-
(a)
The Governing Body;
(b)
The Board of Management;
(c)
The Academic Council; and
Constitution,
Tenure, Powers, Quorum, etc. of the Governing Body.
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21.
(1) The Governing Body of the University shall consist of the following
members, namely,-
(a) The Chancellor;
(b) The Vice Chancellor;
(c)
Three persons to be nominated by the Sponsoring body out of whom one shall be
an eminent educationist, one eminent researcher and one eminent public
administrator;
(d)Two
Deans or Directors of the constituent colleges, schools, institutes or centers
of the University, by rotation, to be nominated by the Vice Chancellor;
(e)
One expert of Management or Information Technology from outside the University
to be nominated by the Governing Body;
(f) Two experts representing other disciplines
such as finance, legal, social sector to be nominated by the Governing Body;
(g) One eminent industrialist to be nominated by
the Governing Body; and
(h) Secretary to the Government of Andhra Pradesh,
Higher Education Department or his representative not below the rank of Joint
Secretary to Government as an ex-officio member.
(2) The Chancellor shall be the Chairman of the Governing Body.
(3) (a) Save as otherwise provided in
this section, the term of nominated members of the Board shall be three years
from the date of nomination;
(f) An
ex-officio member shall continue so long as he holds the office by virtue of
which he is such a member;
(g) As
nearly as one third of the nominated members, except the ex-officio member
shall retire by rotation each year. In the first two instances, the Board may
decide the procedure to identify the members who will retire;
(h) A
member may be re-nominated for the next term;
(i) A
member may resign his office by writing under his hand, addressed to the
Chairman, but he shall continue in office until his resignation has been
accepted.
(4) The
Governing Body shall be the supreme authority of the University. All the
movable and immovable property of the University shall vest in the Governing
Body.
(5) The Governing Body shall have the following
powers, namely,-
(g) to provide
general superintendence and directions and to control functioning of the
University by using all such powers as are provided by this Act or the
Statutes, Ordinances, Regulations or rules made thereunder;
(h) to
review the decisions of other authorities of the University in case they are
not in conformity with the provisions of this Act or the Statutes, Ordinances,
Regulations or rules made thereunder;
(i)
to approve the budget and annual report
of the University;
(j)
to lay down the extensive policies to be
followed by the University;
(k) to
recommend to the Sponsoring body about the voluntary liquidation of the
University; and
(l)
such other powers as may be prescribed
by the Statutes.
(6) The Governing Body shall meet at
least three times in a financial year.
(7) Minimum four members shall form a
quorum for a meeting of the Governing Body.
Board
of Management.
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22.
(1) The Board of Management shall consist of the following persons, namely,-
(a) the Vice Chancellor;
(b) two members of the Governing Body, to be
nominated by the Sponsoring body;
(c) two eminent persons from the fields of
Management, Finance, Science & Technology or Public Administration, who are
not the members of the Governing Body, to be
nominated by the Sponsoring body;
(d) three persons from amongst the Heads of
Departments of the University, to be nominated by the Sponsoring body; and
(e) one lady faculty member to be nominated by the Chancellor.
(2) The Vice Chancellor shall be the
Chairman of the Board of Management:
Provided that in the absence of the Vice Chancellor, the Chancellor may,
at his discretion, nominate any other member of the Governing Body to be the
Chairman of the Board of Management.
(3) The
Powers and functions of the Board of Management shall be such as may be
prescribed by the Statutes.
(4) The
Board of Management shall meet at least once in every two months.
(5) Minimum
four members shall form a quorum for a meeting of the Board of Management.
Academic
Council.
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(2) The
Vice Chancellor shall be the Chairperson of the Academic Council.
(3) The Academic Council shall be the principal
academic body of the University and shall, subject to the provisions of this
Act, the Statutes, the Ordinances and the rules made thereunder, co-ordinate
and exercise general supervision over the academic policies of the University.
(4) The
quorum for meetings of the Academic Council shall be such as may be prescribed
by the Statutes.
Dis-qualifications.
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24.
(1) A person shall be disqualified for being a member of any of the authorities
or bodies of the University, if,-
(a) he is of unsound mind and stands so declared by
a competent court;
(b) he is an undischarged insolvent;
(c) he has been convicted of any offence involving
moral turpitude;
(d) he is conducting or engaging himself in private
coaching with or without pecuniary gain; or
(e) he has been punished for indulging in or
promoting unfair practice in the conduct of any examination, in any form,
anywhere.
Vacancies
not to invalidate the constitution of, or the proceedings of any authority
or body of University.
|
25. No act or proceedings of any authority of the
University shall be invalid merely by reason of any vacancy in or defect in the
constitution of any authority or body of the University.
Constitution
of committees.
|
26. The authorities 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,
powers to be exercised and duties to be performed shall be such as may be
prescribed by the Statutes.
CHAPTER
V
STATUTES,
ORDINANCES AND REGULATIONS
First
Statutes.
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(a) the constitution, powers and functions of the
authorities and other bodies of the University as may be constituted from time
to time;
(b) the terms and conditions of appointment of the
Vice Chancellor, his powers and functions;
(c) the manner and terms and conditions of
appointment of the Registrar and Chief Finance and Accounts Officer, their
powers and functions;
(d) the manner and terms and conditions of
appointment of other officers and teachers and their powers and functions;
(e) the terms and conditions of service of
employees of the University;
(f) the procedure for arbitration in cases of
disputes between employees or students and the University;
(g) the conferment of honorary degrees;
(h)
framing of policy for admissions, including regulation of reservation of seats;
(i) fees to be charged from students; and
(j)
the provisions regarding exemption from payment of tuition fee and awarding
scholarships and fellowships to the students.
(2) The First Statutes of the University
shall be made by the Governing Body and shall be submitted to the Government
for its approval.
(3) The Government shall consider the
First Statutes, submitted by the University and shall approve it as far as
possible within two months from the date of its receipt, with or without
modifications, as it may deem necessary provided that the Government shall
mention reasons for such modifications, if any.
(4) The University shall communicate its
agreement to the First Statutes as approved by the Government, and if it
desires not to give effect to any or all the modifications made by the
Government under sub-section (3), it may give reasons therefore and after
considering such reason, the Government may or may not accept the suggestions
made by the University.
(5) The Government shall publish the
First Statutes, as finally approved by it, in the Andhra Pradesh Gazette, and thereafter it shall come
into force from the date of such publication.
Subsequent
Statutes.
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(a) Creation of new authorities of the University;
(b) Accounting policy and financial procedure;
(j)
Representation of teachers in the
authorities of the University;
(k)
Creation of new departments and
abolition or restructuring of existing department;
(l)
Institution of medals and prizes;
(m) Procedure
for creation and abolition of posts;
(n)
Revision of fees;
(o)
Alteration of the number of seats in
different disciplines; and
(p)
All other matters which by or under the
provisions of this Act require to be prescribed by the Statutes.
(2) The Statutes of the University other
than the First Statutes shall be made by the Board of Management with the
approval of the Governing Body.
(3) The Statutes made under sub-section
(2) shall be submitted to the Government and it may approve or, if it considers
necessary, give reasoned suggestions for modification as far as possible within
two months from the date of receipt of the Statutes.
(4) The Governing Body shall consider the
modifications suggested by the Government and return the Statutes to it with
its agreement to such changes or with its comments on the suggestions made by
the Government.
(5) The Government shall consider the
comments of the Governing Body and may approve the Statutes with or without
modifications and it shall be published by it in the Andhra Pradesh Gazette, and shall come into force from
the date of such publication.
First Ordinances.
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(l)
The
admission of students to the University and their enrolment as such;
(m)
The
courses of study to be laid down for degrees and diplomas of the University;
(n) The award of
degrees, diplomas and other academic distinctions, the minimum qualifications
for the same;
(o) The conditions
for award of fellowships, scholarships, stipends, medals and prizes;
(p) The conduct of
examinations, including the terms of office and manner of appointment and the
duties of examining bodies, examiners and moderators;
(q) Fees to be
charged for the various courses, examinations, degrees or diplomas of the
University;
(r)
The
conditions of residence of the students of the University;
(s) Provision
regarding disciplinary action against the students;
(t)
The
creation, composition and functions of any other body which is considered
necessary for improving the academic standards of the University;
(u) The manner of
co-operation and collaboration with other Universities and institutions of
higher education;
(v) Such other
matters which are required to be provided by the Ordinance by or under this
Act.
(2) The First Ordinances of University
shall be made by the Vice Chancellor which, after being approved by the Board
of Management, shall be submitted to the Government for its approval.
(3) The Government shall consider the
First Ordinances submitted by the Vice Chancellor under sub-section (2) as far
as possible within two months from the date of its receipt and may approve it
or give reasoned suggestions for modifications therein.
(4) The Vice Chancellor shall either
modify the Ordinances incorporating the suggestion of the Government or give
reasons for not incorporating any of the suggestions made by the Government and
shall return the First Ordinances, after due consideration by the Board of
Management, to the Government and on receipt of the same, it shall consider the
comments of the Vice Chancellor and may
approve the First Ordinances of the University with or without such
modifications and it shall then be published by the Government in the Andhra Pradesh Gazette, and it shall come into force from the date of such publication.
Subsequent
Ordinances.
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(2) The Government shall consider the
Ordinances submitted by the Academic Council under sub-section(1) as far as
possible within two months from the date of its receipt and may approve it or
give reasoned suggestions for modifications therein.
(3) The
Academic Council shall either modify the Ordinances incorporating the
suggestion of the Government or give reasons for not incorporating any of the
suggestions made by the Government and shall return the Ordinances, after due
consideration by the Board of Management, to the Government and on receipt of
the same, it shall consider the comments of the Academic Council and may
approve the Ordinances with or without modifications and it shall then be
published by it in the Andhra Pradesh Gazette,
and shall come into force from the date of such publication.
Regulations.
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CHAPTER
VI
REGULATION
OF UNIVERSITY
Regulatory
Authority.
|
32. (1) A
Regulatory Authority shall be established by the Government for the purpose of
providing a regulatory mechanism at the state level for working as an interface
between the Government and the Regulatory Bodies for the purpose of ensuring
appropriate standards of teaching, examination, research, extension programmes
and protection of interests of the students.
(2) The Regulatory Authority shall
function under the general control of the Chief Minister of Andhra Pradesh.
(3) The Regulatory Authority shall
consist of a Chairman and such other members, not exceeding two, as the
Government may decide from time to time.
(4) The Chairman shall be an eminent
educationist or an administrator who has a thorough knowledge of the working of
the institutions of higher education.
The members shall be persons of repute in the field of education,
finance, law, administration or management.
(5) The Chairman and members shall be
appointed by the Chief Minister from a list of three names each selected by a
Search Committee which shall be constituted by the Chief Minister by nominating
any three members from out of the Eminent Persons Panel.
(6) The Regulatory Authority shall have a
full time Secretary who shall be appointed by the Government and shall be an
officer not below the rank of an Additional Secretary to Government.
(7) The Chairman and the members shall
not be connected in any way with any of the private universities established
under this Act.
(8) The Chairman and members of the
Regulatory Authority shall hold office for a term of three years from the date
on which the individual enters office, or until he attains the age of sixty
five years, whichever is earlier, and he shall be eligible to be considered for
a second term of aforesaid years subject to the upper age limit of sixty five
years:
Provided that notwithstanding the expiry of
the said period the Chairman shall continue in office until his successor is
appointed, but such period shall not exceed six months:
Provided further that after the expiry
of the term, the Chairman and the members of the Regulatory Authority shall be
prohibited from accepting any pecuniary benefits in any form or in any name
whatsoever and any assignment or employment in any of the private universities
established under this Act.
(9) The other terms and conditions of
services of Chairman and the members, mode of authentication of orders and
decisions of the Regulatory Authority and instrument issued by the Regulatory
Authority, procedure of meeting of the Regulatory Authority, recruitment and
service conditions of the staff of the Regulatory Authority, temporary
association of persons with the Regulatory Authority for particular purpose,
fund of the Regulatory Authority as budget, annual report, accounts, audit and
such other matter, as may be required for proper functioning of the Regulatory
Authority, shall be provided in the rules made by the Government in this
regard.
(10) It shall be the
general duty of the Regulatory Authority ---
(h) to
take all such steps as it considers necessary for determination and maintenance
of standards of teaching, examination and research in the private universities;
(i)
to constitute expert
panels to periodically review the education and research activities of the
private universities;
(j)
notwithstanding anything
contained in any other law for the time being in force to ensure that private
universities collect only such fees and other charges which cover the cost of
education imparted by them and also give a reasonable surplus to enable them to
maintain assets and carry out further expansion.
(k) to
ensure that the teachers of the private universities have at least the minimum
educational qualifications prescribed by the UGC or other regulatory bodies;
(l)
to ensure that the
staff of the private universities is appointed in conformity with the Statutes,
Ordinances, norms and guidelines prescribed by the UGC and other concerned
statutory bodies;
(m)
to ensure that the
students enrolled in the private universities are not exploited and no
unethical means is adopted to collect undue or excessive fees from them;
(n) to
take action pertaining to and pursuant upon liquidation of a private university
including arrangement for completion of courses, conduct of examinations, award
of degrees etc. by assigning the jobs to some other State University in such a
manner that the interest of the students are not adversely affected and the
expenditure made for these arrangements for the students along with the process
of liquidation of the private university shall be made good from the money
deposited in the endowment fund and/or general fund.
(11) The Regulatory Authority shall have
powers to inspect the university at any time after giving prior notice of such
inspection.
(12) The findings of the Regulatory
Authority shall be communicated to the University. If necessary, a show cause
notice shall be issued to the University to rectify deficiencies.
(13) If the Regulatory Authority is not
satisfied with the reply given and the remedial action by the University, it
shall report to the Government for appropriate action.
(14) The Government may issue directions
on matters of policy to the Regulatory Authority which shall be binding.
Powers
of State Government to give directions.
|
33. (1) The Government may, for the purpose of
ascertaining the standards of teaching, examination and research or any other
matter relating to the University, cause an assessment to be made in such
manner as may be prescribed, by such person or persons as it may deem fit.
(2) The Government shall communicate its
recommendations to the University on the basis of such assessment for
corrective action. The University shall adopt such corrective measures and make
efforts so as to ensure compliance of the recommendations.
(3) The Government may give such
directions as it may deem fit if the University fails to comply with the
recommendations made under sub-section (2) within a reasonable time. The
directions given by the Government shall be immediately complied with by the
University.
Admissions
and fee structure.
|
(2) The
fee structure for various academic programmes in the University shall be made
in such manner as may be prescribed.
Convocation.
|
35. The Convocations of
the University for conferring degrees, diplomas or for any other purpose, may
be held in every academic year in the manner as may be prescribed by the
Statutes.
Accreditation
University.
|
University
to follow rules, regulations, norms, etc. of regulating bodies.
|
37. Notwithstanding
anything contained in this Act, the University shall be bound to comply all the
rules, regulations, norms, etc., of the Regulating Bodies and provide all such
facilities and assistance to such Bodies as are required by them to discharge
their duties and carry out their functions.
CHAPTER VII
FUNDS OF UNIVERSITY
Endowment
Fund.
|
38. (1) The Sponsoring
body shall establish an Endowment Fund for the University with an amount
specified in the Letter of Intent.
(2) The Endowment Fund shall be used as
security deposit to ensure that the University complies with the provisions of
this Act and functions as per provisions of this Act, the Statutes, the
Ordinances, the Regulations and the rules. The Government shall have the powers
to order forfeiture, a part or whole of the Endowment Fund in case the
University or the Sponsoring body contravenes the provisions of this Act or the
Statutes, the Ordinances, the Regulations or the rules made thereunder. In such
a case the forfeited amount shall be utilized for due compliance with the
provisions of this act, statutes ordinances, regulations or the rules as the
case may be:
Provided that before issuing an order of
forfeiture under this sub-section, the Government shall afford an opportunity
of representation to the University or the Sponsoring body as the case may be.
(3) The University if required may
utilize 75% of the income from Endowment Fund for the development of
infrastructure of the University and not to meet the recurring expenditure of
the University. The balance and
unutilized income shall be added to the Endowment Fund.
(4) 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.
(5) 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 the deposit shall be made with the condition that the amount shall not
be withdrawn without the permission of the Government.
General
Fund.
|
39. Every University
shall establish a fund, which shall be called the General Fund to which the
following shall be credited, namely:-
(f)
fees and other charges received by the
University;
(g) any
contributions made by the Sponsoring body;
(h) any
income received from consultancy and other work undertaken by the University in
pursuance of its objectives;
(i)
trusts, bequests, donations, endowments
and any other grants; and
(j)
all other sums received by the
University.
Application
of General Fund.
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(l)
for the repayment of debts including
interest charges thereto incurred by the University for the purposes of this
Act and the Statutes, the Ordinances, the Regulations and the rules made
thereunder with the prior approval of the Governing Body;
(m)
for upkeeping the assets of the
University;
(n) for
the payment of the fee for audit of the funds created under sections 38 and 39;
(o) for
meeting the expenses of any suit or proceedings by or against the University;
(p) for
the payment of salaries, allowances, Provident Fund contributions, gratuity and
other benefits to officers, employees and members of the teaching and research
staff;
(q) for
the payment of travelling and other allowances of the members of the Governing
Body, the Board of Management, the Academic Council, other authorities and the
members of any committee appointed by any of the authorities or the Chancellor
or the Vice Chancellor ;
(r)
for the payment of fellowships,
freeships, scholarships, assistantships and other awards to the students
belonging to economically weaker sections of the society or research
associates, trainees or, as the case may be, to any student otherwise eligible
for such awards under the Statutes, the Ordinances, the Regulations or the
Rules;
(s) for
the payment of any expenses incurred by the University in carrying out the
provisions of this Act or the Statutes, the Ordinances, the Regulations or the
Rules;
(t)
for the payment of cost of capital, not
exceeding the prime lending rate from time to time of the State Bank of India,
incurred by the Sponsoring body for setting up the University and the
investments made therefor;
(u) for
the payment of charges and expenditure relating to the consultancy work
undertaken by the University in pursuance
of the provisions of this Act or the
Statutes, the Ordinances, the Regulations or the rules made thereunder;
(v) for
the payment of any other expenses including service fee payable to any
organization charged with the responsibility of providing any specific service,
including the managerial services to the University, on behalf of the
sponsoring body, as approved by the Board of Management to be an expense for
the purposes of the University:
Provided that no expenditure shall be
incurred by the University in excess of the limits for total recurring
expenditure and total non-recurring expenditure for the year, as may be fixed
by the Board of Management, without prior approval of the Board of Management.
CHAPTER VIII
ACCOUNTS, AUDIT AND ANNUAL
REPORT
Annual
Report.
|
41. The Annual Report shall be prepared by the University
which shall include among other matters, the steps taken by the University
towards the fulfillment of its objectives and shall be submitted to the
Government.
Annual
Accounts and Audit.
|
42. (1) The Annual Accounts including balance sheet of the
University shall be prepared by the University and the annual accounts shall be
audited at least once in every year by
the auditors appointed by the University for this purpose.
(2) A copy of
the Annual Financial Statements together with the Audit Report shall be
submitted to the Government by the end of the month of November every year.
CHAPTER IX
WINDING UP OF UNIVERSITY
Management
of University on dissolution of Sponsoring Body.
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43. (1) If the Sponsoring body proposes to dissolve itself
according to the provisions of law governing its constitution, it shall give at
least six months prior notice to the Government.
(2) The
Government shall, on receipt of such notice make such arrangements as may be
necessary, for the administration of the University from the date of
dissolution of the Sponsoring body till the completion of syllabus by the last
batch of students admitted to the University.
(3) The
Government may also decide to continue the functioning of the University by
appointing an administrator in place of Sponsoring body, who shall be entrusted with the powers and functions
as may be prescribed or where the Government decides to vest the powers of the
Governing Body in the prescribed manner to other societies having similar
objects.
(4) The
Government on dissolution of the Sponsoring body after due consideration, may dissolve the University
in such manner as may be prescribed.
Dissolution
of University.
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Provided that the
dissolution of the University shall have effect only after the last batches of
students of the regular courses have completed their courses and they have been
awarded degrees, diplomas or awards as the case may be.
(2) On
dissolution, the land assigned by the Government to the University shall be
resumed.
Special
Powers of State Government in certain circumstances.
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45. (1) Where the
Government is of the opinion that the University has contravened any of the
provisions of this Act, the Statutes or the Ordinances or the Regulations or
the rules made thereunder or has violated any of the directions issued by it
under this Act 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 administrator be not appointed.
(2) On
receipt of reply of the University on the notice issued under sub-section (1),
if the Government is satisfied that there is a prima facie case of
contravention of any of the provisions of this Act or the Statutes, the
Ordinances, the Regulations or the rules made thereunder or violation of
directions issued by it under this Act or there is financial mismanagement or
maladministration, it shall make an order of such inquiry as it may consider
necessary.
(3) The
Government shall, for the purposes of any such inquiry under sub-section (2),
appoint an inquiry officer or officers to inquire into any of the allegations
and to make report thereon.
Central Act No.5 of 1908.
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(d) summoning and enforcing the
attendance of any person and examining him on oath;
(e) requiring the discovery and
production of any such documents or any other material as may be predicable in
evidence; and
(f)
requisitioning any public record from any court or office.
(5)
On receipt of the inquiry report from the officer or officers appointed under
sub-section(3), if the Government is satisfied that the University has
contravened all or any of the provisions of this Act or the Statutes, the Ordinances, the Regulations or the rules
made thereunder or has violated any of the directions issued by it under this
Act or a situation of financial
mismanagement and maladministration has arisen in the University which
threatens the academic standards of the University, it may appoint an
administrator.
(6) The administrator appointed under
sub-section (5) shall exercise all the powers and perform all the duties of the
Governing Body and the Board of Management 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 with degrees, diplomas or awards as the case may be.
(7) 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 that
effect to the Government.
(8) On receipt of the report under
sub-section(7), the Government after due consideration, may decide to continue
the functioning of the University by vesting the powers of the Governing body
in the prescribed manner to other societies having similar objects or the
government may decide to dissolve the University in such manner as may be
prescribed.
CHAPTER X
Powers
of Government to make rules.
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46.(1) The Government may, by
notification, make rules to carry out all or any of the purposes of this Act.
(2) In particular and without prejudice to the
generality of the foregoing powers, such rules may provide for all or any of the
following matters namely,-
(a)
The manner of making proposal and Project Report to establish University and
the fees payable under section 6;
(b)
Other particulars of the Project Report under section 7;
(c)
Terms and conditions under sub-section (2) of Section 10;
(d)
Other matters relating to Statutes and Ordinances under sub-section (1) of
sections 27, 28 and 29;
(e)
Matters relating to dissolution of the Sponsoring body under section 43;
(f)
Matters relating to dissolution of the University under section 44 and section
45.
(3)
Every rule made under this Act shall, immediately after it is made, be laid,
before each House of the State Legislature, if it is in session and if it is
not in session, in the session immediately following for a total period of
fourteen days which may be comprised in one session or in two successive
sessions and if, before the expiration of the Session in which it is so laid or
the Session immediately following the Legislature of the State agrees in making
any modification in the rule or in the annulment of the rule, the rule shall,
from the date on which the modification or annulment is notified, have effect
only in such modified form or shall stand annulled 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 rule.
Power
to remove difficulties.
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47. (1) If any difficulty arises in
giving effect to the provisions of this Act, the Government may, by order
published in the Andhra Pradesh Gazette, make provisions not inconsistent with
the provisions of this Act, as appear to
it to be necessary or expedient for
removing the difficulty:
Provided that no such order shall be
made under this section after the expiry of three 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 State
Legislature.
SCHEDULE-I
(See section 3)
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Sl.
No.
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Name and location (address) of
the Private University
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Name & address of the
Sponsoring body
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Details of registration of the Sponsoring body
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1.
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2.
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3.
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4.
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SCHEDULE-II
(See section 10(2))
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1.
Endowment Fund
The Sponsoring body shall establish an
Endowment Fund with a minimum amount of Rs.5.00 crore. The Government shall
have the power to direct any upward revision of the Endowment Fund from time
to time.
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2. Land requirements
The
Sponsoring body shall procure a minimum of 30 acres of land within municipal
limits and 40 acres in other areas, if not already available.
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3. Space requirements
The
Sponsoring body shall construct buildings such as Administrative, Academic
and other buildings such as student activity center, auditorium etc. with a
minimum plinth area of 10,000 sqm.
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4. Books and Journals
The
Sponsoring body shall purchase books and journals, including e-books and
e-journals, worth at least Rs.30 lakh for the library.
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5. Equipment and Infrastructure
The
Sponsoring body shall invest a sum of about Rs 2.00 crore on purchase of
equipment (including laboratory equipment), furniture and construction of
infrastructural facilities and utilities (other than buildings).
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6.Academic Departments and
Faculty
The
Sponsoring body shall start at least five post graduate academic departments.
Every department shall have a minimum of six permanent faculty members (1
Professor, 2 Associate Professors and 3 Assistant Professors) having
prescribed qualifications, together
with the necessary supporting technical and ministerial staff as prescribed
by the respective Statutory Bodies.
7.IT Infrastructure
The
Sponsoring Body must provide good IT infrastructure including broadband for
internet facilities by investing a sum of at least Rs.1.00 crore.
8.
The sponsoring body shall furnish an
undertaking to provide the following within the first five years:
(a)
to create an additional carpet area of at least 10,000 sqm for academic and
administrative purposes.
(b)
to provide on campus residential accommodation to at least 25% of students
and 20% of faculty.
(c)
to invest a sum of at least Rs. 50
lakhs on purchase of books and journals including e-books and e-journals.
(d)
to invest a sum of at least Rs.5.00
crore on equipment, furniture, other movable and immovable assets and
infrastructure facilities (other than buildings).
(e)
to invest a sum of at least Rs.1.00 crore on expanding IT infrastructure
including broadband for internet.
(f)
to provide Research funding to the
tune of at least Rs. 3.00 crore.
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STATEMENT OF OBJECTS AND
REASONS
The “Andhra Pradesh Private
Universities (Establishment and Regulation) Bill, 2015” is unique in nature and
aims at creating world class centers of
learning with a core objective to establish universities to achieve the goals
of quality higher education and to bestow attention to research of global
standards. The main objectives of these Universities are;
(5)
create and disseminate knowledge across a broad range of disciplines.
(6)
Engage students in the process of discovery of critical thinking,
inculcate in them the habit of lifelong learning.
(7)
Focus on original research, innovation and entrepreneurship.
(8)
Allow for diversity of regional and educational backgrounds and fields
of enquiry in order to promote productive intellectual engagement.
Ultimate intention is to develop Andhra
Pradesh as a “Knowledge Hub” which would provide high quality, research
oriented and industrial relevant education.
A number of private Universities have
already been established, in various States, by private persons without
financial assistance from the Government. In this era of liberalization and
global education, it is germane to attract, encourage and prompt the private
sector to participate in the higher education sector. It has, therefore, become
necessary to lay the legislative pathway to establish self-financing
Universities and which at the same time provides for an effective regulatory
mechanism for maintenance of standards in these Universities.
The
Bill seeks to achieve the above objects.
MEMORANDUM REGARDING DELEGATED
LEGISLATION
Clauses 1, 2, 3, 5, 6, 7, 10,
33, 37, 38, 43, 44, 46 and 47 of the Bill authorizes
the Government to issue notifications and make rules in respect of the matters specified therein and generally to carryout
the purposes of the Act. All such notifications issued or rules so made, which
are intended to cover matters mostly of procedural in nature are to be laid on
the table of the both Houses of the State Legislature and will be subject to
any modifications made by the Legislature.
The
above provision of the Bill regarding delegated legislation are thus of normal
type and mainly intended to cover matters of procedure.
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