THE RAJASTHAN SELF-FINANCED PRIVATE UNIVERSITIES ORDINANCE, 2004
An
Ordinance
To provide for establishment and incorporation of self-financed private
universities in the State for imparting higher education and to regulate their functions and
for matters connected therewith or incidental thereto.
Whereas the Rajasthan State Legislative Assembly is not in session and the
Governor of the State of Rajasthan is satisfied that the circumstances exist which render
it necessary for him to take immediate action.
Now, therefore, in exercise of the powers conferred by clause (1) of Article 213 of
the Constitution of India, the Governor hereby promulgates in the Fifty-fifth Year of the
Republic of India the following Ordinance, namely:-
1.
Rajasthan Self-Financed Private Universities Ordinance, 2004.
(2) It extends to whole of the State of Rajasthan.
(3) It shall come into force at once.
2.
(a) “AICTE” means All India council of Technical Education established under
All India Council of Technical Education Act 1987 (Central Act No.52 of
1987).
(b) “CSIR” means the Central Scientific and Industrial Research New Delhi- a
funding agency of the Central Government.
(c) “college” means a college established, maintained or affiliated by the
university.
(d) “DEC” means the Distance Education Council established under section 28
of Indira Gandhi National Open University Act, 1985 (Central Act No.50 of
1985).
(e) “distance education” means education imparted by combination of any two
or more means of communication, viz. broadcasting, telecasting,
correspondence courses, seminars, contact programmes and any other such
methodology.
(f) “Director” means a head of an institution or center of the university.
(g) “DST” means the Department of Science and Technology of the Central
government.
Short title, extent and commencement. -(1) This Ordinance may be called theDefinition. -In this Ordinance, unless the context otherwise requires,-
2
(h) “employee” means a person appointed by the university to work in the
university, colleges, institutions or study centers and includes teachers,
officers (other than the Visitor) and other employees of the university.
(i) “fee” means collection made by the university from the students by
whatever name it may be called, which is not refundable.
(j) “Government” means the State Government of Rajasthan.
(k) “higher education” means study of a curriculum or course for the pursuit of
knowledge beyond 10+2 level.
(l) “hostel” means a place of residence for the students of the university, or its
colleges, institutions or centers, maintained or recognized to be as such by
the university.
(m) “ICAR” means the Indian Council of Agriculture Research, a society
registered under Societies Registration Act, 1860 (Central Act No.21 of
1860).
(n) “institution” means an institution of higher learning, research or specialized
studies, established, maintained or recognized by the university.
(o) “MCI” means Medical Council of India, Delhi.
(p) “main campus” means the campus where the Headquarters of the University
are situated.
(q) “NAAC” means the National Council of Assessment and Accreditation,
Bangalore, an autonomous institution of the UGC.
(r) “NCTE” means the National Council of Teacher Education, Delhi.
(s) “Off-campus Centre” means a centre of the university established by it
outside the main campus operated and maintained as its constituent unit,
having the university’s complement of facilities, faculty and staff.
(t) “off-shore campus” means a campus of the university established by it
outside the country, operated and maintained as its constituent unit, having
the university’s complement of facilities, faculty and staff.
(u) “PCI” means Pharmaceutical Council of India, Delhi.
(v) “prescribed” means prescribed by Rules made under this Ordinance.
(w) “Principal” means the Chief Executive Officer of a college or any person
duly appointed to act as such.
(x) “Regulating Body” means a body established by the Central Government for
laying down norms and conditions for ensuring academic standards of
higher education, such as UGC, AICTE,. NCTE, MCI, PCI, NAAC, ICAR,
DEC, CSIR etc. and includes the State Government.
(y) “Rules” means the Rules made under this Ordinance.
3
(z) “sponsoring body” in relation to a University established under this
Ordinance means-
(i) a Society registered under the Rajasthan Societies Registration Act, 1958
(Rajasthan Act No. 28 of 1958) or Indian Registration of Societies Act,
1860 (Central Act No. 21 of 1860); or
(ii) any Public Trust registered under Rajasthan Public Trust Act, 1959 (Act
No. 42 of 1959) or Indian Public Trust Act 1882(Central Act No. 2 of
1882) or under the relevant laws in any other State or Union Territory;
or
(iii) a company registered under section 25 of the Companies Act, 1956
(Central Act No. 1 of 1956);
(za) “Statutes”, “Ordinances” and “Regulations” means respectively, the
Statutes, Ordinances and Regulations of the University made under this
Ordinance.
(zb) “Student of the University” means a person enrolled in the university for
taking a course of study for a degree, diploma or other academic distinction
duly instituted by the university, including a research degree.
(zc) “study centre” means a centre established and maintained or recognized by
the university for the purpose of advising, counselling or for rendering any
other assistance required by the students in the context of distance
education.
(zd) “teacher” means a Professor, Reader, Lecturer or any other person required
to impart education or to guide research or to render guidance in any other
form to the students for pursuing a course of study of the university.
(ze) “UGC” means the University Grants Commission, established under the
University Grants Commission Act, 1956 (Central Act No.3 of 1956).
(zf) “university” means a University established and incorporated under sub-
section (1) of Section 5
3.
The objects of the University – Following shall be the objects of the University:-
(1) to provide instructions, teaching and training in Higher Education and
make provisions for research, advancement and dissemination of knowledge.
(2) to create higher levels of intellectual abilities;
(3) to establish state of the art facilities for education and training;
(4) to carry out teaching and research and offer continuing education programmes;
(5) to create centres of excellence for research and development and for sharing
knowledge and its application;
(6) to provide consultancy to the industry and public organizations;
(7) to establish main campus in Rajasthan and to have study centres at different
places in India and other countries;
(8) to establish examination centres;
(9) to institute degrees, diplomas, certificates and other academic distinctions on
the basis of examination, or any such other method.
(
academic distinctions are not lower than those laid down by AICTE, NCTE, UGC,
MCI, Pharmacy Council, and such agency/ agencies established by the Central
Government for regulation of education.
10) to ensure that the standard of degrees, diplomas, certificates and other
4
(11) to open sub-campuses, off campuses, off shore campuses new colleges,
institutions or study centers or to affiliate any college or other institution with it,
with the prior approval of the Government.
(12) to pursue any other objective as may be approved by the State Government.
4.
application containing the proposal and the project report to establish a university in
private sector shall be made by the sponsoring body to the State Government, along with
such fee as may be prescribed.
(2)The project report must contain the following particulars, namely:-
(a) the details of the sponsoring body along with the copies of its registration
certificate, constitution and bye-laws;
(b) the information regarding financial resources of the sponsoring body along
with audited accounts for the past five years;
(c) the name, location and headquarters of the proposed university;
(d)the objectives of the university;
(e)the availability of land and details of buildings and infrastructure facilities, if
already exist;
(f) availability of academic facilities including teaching and non-teaching staff, if
any, at the disposal of sponsoring body;
(g) the details of plans for campus development such as construction of buildings,
development of structural amenities and infrastructure facilities and procurement of
equipment etc. to be undertaken before the university starts functioning and phased
programme for first five years;
(h)the phased outlays of capital expenditure proposed for the next five years and
its sources of finance;
(i)the nature and the type of programmes of study and research proposed to be
undertaken by the university and their relevance to the development goals and
employment needs of the State and phasing of such programmes over the first five years
with course wise enrolment targets;
(j)the experience and expertise in the concerned disciplines at the command of the
sponsoring body;
(k)the nature of facilities, courses of study and research proposed to be started;
(l)the estimated recurring expenditure course wise or activity wise, sources of
finance and estimated expenditure per student;
(m)the scheme for mobilizing resources and the cost of capital thereto and the
manner of repayment to such sources;
(n)the scheme for the generation of funds internally through the recovery of fee
from students, revenues anticipated from consultancy services and other activities
relating to the objects of the university, and other anticipated incomes;
Submission of proposal for establishment of a University and its evaluation.-(1)An
5
(o)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, Schedule Tribes, Other Backward Classes and handicapped students;
(p)the system proposed to be followed for selecting students for admission to the
courses of study at the university;
(q)the system proposed to be followed for appointment of teachers and other
employees in the university;
(r)whether the university is desirous of taking up distance education programme. If
so, details of study centres proposed to be started;
(s)whether the university proposes to undertake some programmes related to local
needs. If so, the nature of specialized teaching, training or research activities to be
undertaken by the university so as to fulfil this objective;
(t)whether the university proposes to start some programmes for the benefit of
farmers, women and industries . If so, details thereof may be given;
(u)details of play grounds and other facilities available or proposed to be created
for games and sports and extra curricular activities like National Cadet Corps, National
Service Scheme, Scouts and Guide etc;
(v)the arrangements proposed to be made for academic auditing;
(w)justification regarding the necessity of establishment of the proposed
university;
(x)such other details as the sponsoring body may like to give;
(y)such other details as may be prescribed.
(3)The State Government shall, on receipt of the proposal and the project report for
establishment of a university, make such enquiry as to the facts stated in such project
report, as it may deem necessary.
(4)After having made such enquiry as referred to in sub-section (3), the State
Government shall consider the proposal on the following grounds:-
(a)inadequacy of the facilities for higher education and research in the area in
which the university is proposed to be established and the inability of the existing State
University or Universities to provide for such facilities either in its or their existing
faculties or schools or by the establishment of post graduate centres or campuses;
(b)the university shall have some special features or new programmes and
activities which will augment the existing academic resources in the State;
(c)the university shall have programmes for the upliftment of backward areas or
removal of regional imbalances;
(d)the motive for establishment of the university is of social service and welfare of
youths by providing them high quality education, rather than profiteering.
(5)If the State Government, after such consideration as is referred under subsection
(4) is satisfied that it would be advisable to establish the university, it may issue a
letter of intent, and ask the sponsoring body to-
6
(i) establish an endowment fund in accordance with the provisions of section 8 of
this Ordinance;
(ii) procure a minimum of 30 acres of land, if not already available;
(iii) construct a minimum of 10,000 square meters of covered space for
administrative purposes and for conducting academic programmes, if not already
available;
(iv) give undertaking to purchase books and journals of atleast Rs.10 lacs in the
first year and to invest not less than Rs.50 lacs on books, journals, computers, library
networking and other facilities so as to make the library facilities adequate for
contemporary teaching and research within first three years;
(v) give undertaking to procure equipments, computers furniture, other mobile and
immobile assets and infrastructure facilities (other than buildings, referred to in clause
(iii) above) worth Rs.20 lacs in the first year and not less than Rs. One crore in the first
five years;
(vi) give undertaking to appoint immediately after the issue of notification of the
university at least 1 Professor, 2 Readers and adequate number of Lecturers along with
necessary supporting staff in each department or discipline to be started by the
university;
(vii) give undertaking to take up co-curricular activities like seminars, debates,
quiz programmes and extracurricular activities like games, sports, National Service
Scheme, National Cadet Corps etc. for the benefit of students as per the norms laid down
by the regulating bodies;
(viii) give undertaking for establishment of provident fund and to take up welfare
programmes for the employees of the university; and
(ix) fulfil such other conditions and provide such other information as may be
prescribed by the University Grants Commission, All India Council for Technical
Education or any other statutory body established by the law of the Union or State
Government.
(6) The sponsoring body shall fulfil the requirements and conditions specified in
sub-section (5) and shall report the compliance to the State Government within a
maximum period of one year from the date of issue of the letter of intent. One receiving
the compliance report, the State Government shall appoint a committee consisting of
three members, in such manner as may be prescribed, to verify the compliance report.
The committee shall submit its report to the State Government within one month from
the date of its constitution specifying whether the sponsoring body has fulfilled the
requirements and conditions laid down in sub-section (5).
(7)If the sponsoring body has failed to comply with the provisions of sub-section
(6), its proposal submitted under sub-section (1) shall stand rejected and the letter of
intent issued under sub-section (5) shall be deemed to have been withdrawn.
5.
considering the report submitted under sub-section (6) of the section 4 that the
sponsoring body has complied with the provisions of sub-section (5) of section 4, may,
by notification in the Official Gazette, establish a university with such name, location,
jurisdiction and with such conditions as may be specified in such notification.
Establishment of the University.-(1)The State Government, if it is satisfied, after
7
(2) The University shall be deemed to have come into existence from the date of
the notification in the Official Gazette under sub-section (1).
(3) Every notification issued under sub-section (1) shall be laid, as soon as may be
after it is issued, before the House of the State Legislature and provisions of section 26A
of the Rajasthan General Clauses Act, 1955 (Act No.8 of 1955) shall mutatis mutandis
apply to such notification.
6.
of section 5 shall be a body corporate by the name notified under the that section having
perpetual succession and common seal and may sue and be sued by the said name.
7.
entitled to receive any grant or other financial assistance from the State Government only
for the reason that it has been incorporated under this Ordinance.
8.
Incorporation of the University.- Every university established under sub-section (1)University to be self-financed.-The university shall be self-financed and shall not beEndowment Fund:-
(1)The sponsoring body shall establish an Endowment Fund for the University
with an amount of, -
(i)In case the university is situated-
(a) fifteen kilometers away from the municipal limits of the Divisional
Headquarters Cities, or
(b) ten kilometers away from the municipal limits of other cities,
one crore rupees;
(ii) in case the university is situated in scheduled tribal area and maintain the
distance specified in clause (i) from the municipal limits of a city, seventy five lacs
rupees.”
(iii) in other cases, two crore rupees.”
(2) The Endowment Fund should be used as security deposit to ensure that the
University complies with the provisions of this Ordinance and functions as per provisions
of this Ordinance, Statutes and Ordinances. The State Government shall have the powers
to forfeit in the prescribed manner, a part or whole of the Endowment Fund in case the
university or the sponsoring body contravenes the provisions of this Ordinance, Statutes,
Ordinances, Regulations or Rules made thereunder.
(3) Income from Endowment Fund may be utilised for development of
infrastructure of the University but shall not be utilised to meet out the recurring
expenditure of the University.
(4) the amount of Endowment Fund shall be invested and kept invested until the
dissolution of the university in long term securities issued or guaranteed by the State
Government in the name of the university.
(5)The certificates of the securities shall be kept in the safe custody of the State
Government.
9.
General Fund to which following shall be credited, namely:-
(a) fees and other charges received by the university;
General Fund.-Every university shall establish a fund, which shall be called the
8
(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.
10.
objects, namely:-
(a) the repayment of debts including interest charges thereto incurred by the university
for the purposes of this Ordinance and the Statutes, Ordinances, Regulations and
Rules made thereunder;
(b) to upkeep of the assets of the university;
(c) for the payment of the cost of audit of the funds created under sections 8 and 9;
(d) meeting expenses of any suit or proceedings to which university is a party;
(e) the payment of salaries and allowances of the officers and employees of the
university and members of the teaching and research staff, and for payment of any
Provident Fund contributions, gratuity and other benefits to any such officers and
employees, and members of the teaching and research staff;
(f) the payment of travelling and other allowances of the members of the Governing
Body, the Board of Management, the Academic Council, and other authorities so
declared under the Statutes of the university and of the members of any committee
appointed by any of the authorities or by the Chairperson of the sponsoring body
or the Vice-chancellor, as the case may be, of the university in pursuance of any
provision of this Ordinance, or the Statutes, Ordinances, Regulations or Rules
made thereunder;
(g) for the payment of fellowships, free-ships, scholarships, assistantships and other
awards to students belonging to economically weaker sections of the society or
research associates or trainees as the case may be, or to any student otherwise
eligible for such awards under the Statues, Ordinances, Regulations or Rules of the
university made under the provisions of this Ordinance;
(h) for the payment of any expenses incurred by the university in carrying out the
provisions of this Ordinance or the Statutes, Ordinances, Regulations or Rules
made thereunder;
(i) the payment of cost of capital, not exceeding the prevailing bank rates of interest,
incurred by the sponsoring body for setting up the university and the investments
made therefor;
(j) the payment of charges and expenditure relating to the consultancy work
undertaken by the university in pursuance of the provisions of this Ordinance and
the Rules, Statutes or Ordinances 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
Application of General Fund.- The General Fund shall be utilized for the following
9
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 the prior approval of
the Board of Management:
Provided further that the General Fund shall, for the objects specified under subclause
(a), be applied with the prior approval of the Governing Body of the
university.
11.
namely:-
1.The Visitor;
2.The Chancellor;
3.The Vice-chancellor;
4.The Registrar;
5.The Chief Finance and Accounts Officer;
6.Such other officers as may be declared by the Statutes to be the officers of the
University.
12.
(2) The Visitor shall, when present, preside at the convocation of the University for
conferring degrees and diplomas. The Visitor shall have the following powers,
namely:-
(a)to call for any paper or information relating to the affairs of the university;
(b)on the basis of the information received by the Visitor, if he is satisfied that any
order, proceeding, or decision taken by any authority of the university is not in
conformity with the provisions of this Ordinance or Statutes, Ordinances,
Regulations and Rules made thereunder, he may issue such directions as he may
deem fit in the interest of the university and the directions so issued shall be
complied with by the university.
13.
period of three years with the approval of the visitor by following such procedure and on
such terms and conditions as may be prescribed by the Statutes.
(2)The Chancellor shall be the head of the university.
(3)The Chancellor shall preside at the meetings of the Governing Body and shall,
when the Visitor is not present, preside at the convocation of the university for conferring
degrees, diplomas or other academic distinctions.
(4)The Chancellor shall have the following powers, namely:-
(a) to call for any information or record;
(b) to appoint the Vice-chancellor;
Officers of the University.-The following shall be the officers of the university,The Visitor.- (1)The Governor of Rajasthan shall be the Visitor of the University.The Chancellor:- (1)The Chancellor shall be appointed by the sponsoring body for a
10
(c) to remove the Vice-chancellor in accordance with the provisions of sub-section
(7) of section 14;
(d) such other powers as may be prescribed by the Statutes.
14.
from a panel of three persons recommended by the Governing Body and shall, subject to
the provision contained in sub-section (7), hold office for a term of three years:
Provided that, after expiry of the term of three years, a person shall be eligible for
re-appointment for another term of three years:
Provided further that a Vice-chancellor shall continue to hold the office even after
expiry of his term till new Vice-chancellor joins. However, in any case this period shall
not exceed one year.
(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)The Vice-chancellor shall preside at the convocation of the university in the
absence of both, the Visitor and the Chancellor.
(4)If 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 authority by or under this
Ordinance, 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 aff3ects
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 Board of Management and the Board of Management may confirm or modify or
reverse the action taken by the Vice-chancellor.
(5)If, in the opinion of the Vice-chancellor, any decision of any authority of the
university is outside the powers conferred by this Ordinance or Statutes, Ordinances,
Regulations or Rules made thereunder or is likely to be prejudicial to the interests 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.
(6)The Vice-chancellor shall exercise such powers and perform such duties as may
be prescribed by the Statutes or the Ordinances.
(7)If, at any time upon representation made or otherwise and after making such
inquiry as may be deemed necessary, the situation so warrants and if the continuance of
the Vice-chancellor is not in the interests of the University, the Chancellor may, by an
order in writing stating the reasons therein, ask the Vice-chancellor to relinquish his
office from such date as may be specified in the order:
The Vice-chancellor 
1) The Vice-chancellor shall be appointed by the Chancellor
11
Provided that before taking an action under this sub-section, the Vice-chancellor
shall be given an opportunity of being heard.
15.
of the sponsoring body 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, Board of
Management and Academic Council but he shall not have a right to vote.
(4)The Registrar shall exercise such other powers and perform such other duties as
may be prescribed by the Statutes.
16.
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 prescribed by the Statutes.
17.
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 prescribed by the Statutes.
18.
university, namely:-
(1)the Governing Body;
(2)the Board of Management;
(3)the Academic Council;
(4)such other authorities as may be declared by the Statutes to be the authorities
of the university.
19.
following, namely:-
(a)the Chancellor;
(b)the Vice-chancellor;
(c)five persons nominated by the sponsoring body out of whom two shall be
eminent educationist;
(d)one expert of management or information technology from outside the
university, nominated by the Chancellor; and
(e)one expert of finance, nominated by the Chancellor.
The Registrar.-(1)The appointment of the Registrar shall be made by the ChairpersonThe Chief Finance and Accounts Officer.- (1)The appointment of the Chief FinanceOther Officers.-(1)The university may appoint such other officers as may beAuthorities of the University.-The following shall be the authorities of theThe Governing Body.-(1)The Governing Body of the university shall consist of the
12
(2)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. It shall have 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 Ordinance 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 Ordinance or the Statutes, Ordinances,
Regulations or Rules made thereunder;
(c) to improve 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 if a situation arises when smooth functioning of the university does not
remain possible, in spite of all efforts;
(f) such other powers as may be prescribed by the Statutes.
(3) The Governing Body shall meet at least three times in a calendar year.
(4) The quorum for meetings of the Governing Body shall be four.
20. The Board of Management:-
the following members, namely:-
(a) the Vice-chancellor;
(b) two members of the Governing Body, nominated by the sponsoring body;
(c) three persons, who are not the members of the Governing Body, nominated
by the sponsoring body;
(d) three persons from amongst the principals, Directors or teachers, nominated
by the sponsoring body;
(e) Two teachers, nominated by the Vice-chancellor.
(3) The Vice-chancellor shall be the Chairperson of the Board of Management.
(4) The powers and functions of the Board of Management shall be such as may
be prescribed by the Statutes.
(5) The Board of Management shall meet once in every two months.
(6) The quorum for meetings of the Board of Management shall be five.
(1) The Board of Management shall consist of
21. The academic Council.- (1)
and such other members as may be prescribed by the Statutes.
(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 Ordinance and the Rules,
Statutes or Ordinances, may thereunder, co-ordinate and exercise general
supervision over the academic policies of the university.
The Academic Council shall consist of the Vicechancellor
13
(4) The quorum for meetings of the Academy Council shall be such as may be
prescribed ;by the Statutes.
22. Other Authorities.-
other authorities of the university shall be such as may be prescribed by the
Statutes.
The composition, constitution, powers and functions of
23. Disqualification for membership of an Authority or Body.-
be disqualified for being a member of any of the authorities or bodies of the
university, if he-
(a) is of unsound mind and stands so declared by a competent court;
(b) is an undischarged insolvent;
(c) has been convicted of any offence involving moral trupitude;
(d) is conducting or engaging himself in private coaching classes; or
(e) has been punished for indulging in or promoting unfare practice in the
conduct of any examination, in any form, any where.
2
the University.-
shall be invalid merely by reason of any vacancy or defect in the constitution
thereof.
A person shall4. Vacancies not to invalidate the proceedings of any Authority or Body ofNo act or proceeding of any authority or body of the university
25. Filling up of emergent vacancies.-
of authorities or bodies of the university due to death, resignation or removal of a
member or due to change of capacity in which he was appointed or nominated, the
vacancies so created shall be filled up as early as possible by the person or the
body who had appointed or nominated such a member.
Provided that the person appointed or nominated as a member of an
authority or body of the university on an emergent vacancy, shall remain member
of such authority or body for only the remaining period of the member, in whose
place he is appointed or nominated.
Any vacancies arising in the members
26. Committee
committees with such terms of reference as may be necessary for specific tasks to
be performed by such committees. The constitution of such committees and their
duties shall be such as may be prescribed by the Statutes.
.- The authorities or officers of the university may constitute such
27. The First Statutes.-
Rules made thereunder, the First Statutes of the university may provide for all or
any of following matters, namely:-
(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 and
his powers and functions;
(c) the manner and terms and conditions of appointment of the Registrar
and Chief Finance and Accounts Officer and their powers and functions;
(d) the manner and terms ;and conditions of appointment of other officers
and teachers and their powers and functions;
(1) Subject to the provisions of this Ordinance, and the
14
(e) the terms and conditions of service of employees of the university;
(f) the procedure for arbitration in case of disputes between officers,
teachers, employees and students;
(g) the conferment of honorary degrees;
(h) the provisions regarding exemption of students from payment of
tuition fee and for awarding to them scholarships and fellowships;
(i) provisions regarding the policy of admissions, including regulation of
reservation of seats;
(j) provisions regarding fees to be charged from students;
(k) provisions regarding number of seats in different courses.
(2) The First Statutes of the university shall be made by the Governing Body
and shall be submitted to the State Government for its approval.
(3) The State Government shall consider the First Statutes, submitted by the
university and shall give its approval thereon within two months from the date of
its receipt and with such modifications as it may deem necessary.
(4) The university shall communicate its agreement to the First Statutes as
approved by the State Government, and if; it desires not to give effect to any or all
of the modifications made by the State Government under sub-section(3), it may
give reasons therefore and after considering ;such reason, the State Government
may or may not accept the suggestions made by the university.
(5) The State Government ;shall publish the First Statutes, as finally approved
by it, in the Official Gazette, and thereafter, the first Statutes shall come into force
from the date of such publication.
28. The Subsequent Statutes.-
the Rules made thereunder, the Subsequent Statutes of the university may provide
for all or any of the following matters, namely:-
(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) creation of posts and procedure for abolition;
(g) revision of fees;
(h) alteration of the number of seats in different syllabi; and
(i) all other matters which under the provisions of this Ordinance are to
be prescribed by the Statutes.
(1) Subject to the provisions of this Ordinance and
15
(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 sent to the State
Government and the State Government may approve them as such or, if it
considers necessary, give suggestions for modifications in them within two months
from the date of receipt of the Statutes.
(4) The Governing Body shall consider the modifications suggested ;by the
State Government and return the Statutes to the State Government with its
agreement to such changes or with its comments on the suggestions made by the
State Government.
(5) The State Government shall consider the comments of the Governing Body
and shall approve the Statues with or without modifications and then the Statutes
as finally approved by the State Government shall be published by it in the official
Gazette, and upon such publication the statues ;shall come into force.
29. The First Ordinances.-
Rules or Statutes made thereunder, the first Ordinances may provide for all or any
of the following mattes, namely:-
(a) the admission of students to the university and their enrolment as
such;
(b0 the courses of study to be laid down for the degrees, diplomas and
certificates of the university;
(c) the award of the degrees, diplomas, certificates and other academic
distinctions, the minimum qualifications for the same and ;the means to be taken
relating to the granting and obtaining of 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 and
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 life of the university.
(j) the manner of co-operation and collaboration with other universities and
institutions of higher education;
(k) all other matters which by this Ordinance or Statues made thereunder are
required to be provided by the Ordinances.
(2) The First Ordinances of the university shall be made by the Vice-chancellor
which after being approved by the Board of Management, shall be submitted to the
State Government for its approval.
(1) Subject to the provisions of this Ordinance or the
16
(3) The State Government shall consider the Firstly Ordinances submitted by
the Vice-chancellor under sub-section(2) within two months from the date of their
receipt and shall either approve them or give suggestions for modifications therein.
(4) The Vice-Chancellor shall either modify the Ordinances incorporating the
suggestion of the State Government or give reasons for not incorporating any of
the suggestions made by the State Government and shall return; the First
Ordinances along with such reasons, if any, to the State Government and on
receipt of the same, the State Government shall consider the comments of the
Vice-chancellor and shall approve the First Ordinances of the university with or
without such modifications and then the First Ordinances, as approved by the State
Government shall be published by the State Government in the official Gazette and
upon such publication the Ordinances shall come into force.
30. The Subsequent Ordinances.-
Ordinances shall be made by the Academic Council which after being approved by
the Board of Management shall be submitted to the State Government for its
approval.
(2) The State Government shall consider the Ordinances submitted by the
Academic Council under sub-section(1) within two months from the date of their
receipt and shall approve them or give suggestion for modifications therein.
(3) The Academic Council shall either modify the Ordinances incorporating the
suggestion of the State Government or give reasons for not incorporating any of
the suggestions made by the State Government and shall return the Ordinances
along with such reason, if any, to the State Government and on receipt of the same,
the State Government shall consider the comments of the Academic Council and
shall approve the Ordinances with or without modifications and then the
Ordinances, as approved by the State Government, shall be published by the State
Government in the Official Gazette and upon such publication the Ordinances
shall come into force.
(1) All ordinances other than the First
31. Regulations.-
approval of the Board of Management, make regulations, consistent with this
Ordinance and the Rules, Statutes and the Ordinances made thereunder, for the
conduct of their own business and that of the committees appointed by the.
The authorities of the university may, subject to the prior
32. Admissions.- (1)
basis of merit;
Provided that for the purpose of filling minority quota in the University
established and administered by minority community, zone of consideration for
determination of merit shall be limited only to the students belonging to that
minority community.
(2) Merit for admission in the university may be determined either on the
basis of marks or grade obtained in the ;qualifying examination and achievements
in co-curricular and extra-curricular activities or on the basis of marks or grade
obtained in the entrance test conducted at state level either by an association of the
Universities conducting similar courses or by any agency of the Sate;
Provided that admission in professional and technical courses shall be made
only through entrance test.
Admission in the University shall be made strictly on the
17
(3) Seats for admission in the university of the students belonging to
scheduled casts, scheduled tribes ;and other backward classes and women and
handicapped students shall be reserved as per the policy of the State Government.
33. Free structure.-
fees structure and sent it for approval of the Committee constituted for the purpose
under any law for the time being in force.
(2) The Committee shall consider the fees structure prepared by the
university and if it is satisfied that the proposed fees is-
(a) sufficient for-
(i) generating resources for meeting the recurring expenditure of the
university; and
(ii) the savings required for the further development of the university; and
(b) not unreasonable excessive,
It may approve the fees structure.
(3) The fees structure approved by the Committee under sub-section(2)
shall remain in force for three years and the university shall be entitled to charge
frees in accordance with such fees structure.
(4) The university shall not charge any fees, by whatever name called,
other than that for which it is entitled under sub-section(3)
(1) The University may, from time to time, prepare its
34. Examinations.
not later than 30th of August of every calendar year, the university shall prepare
and publish a semester wise or annual, as the case may be, schedule of
examinations for each and every course conducted by it and shall strictly adhere to
the schedule.
At the beginning of each academic session and in any case
Explanation.-
about the time, day and date of the commencement of each paper which is a part of
a scheme of examinations and shall also include the details about the practical
examinations.
Provided that if, for any reason whatsoever, university has been unable to
follow this ;schedule, it shall, as soon as practicable, submit a report to the State
Government incorporating the detailed reasons for making a departure from the
published schedule. The Government may, thereon, issue such directions as it may
deem fit for better compliance in future.
“Schedule of Examination” means a table giving details
35. Declaration of results.-
every ;examination conducted by it within thirty days from the last date of the
examination for that particular course and shall in any case declare the results
latest within forty-five days from such date;
Provided that if, for any reason whatsoever, the university is unable to
finally declare the results of any examination within the aforesaid period of fortyfive
days, it shall submit a report incorporating the detailed reasons for such delay
to the State Government. The State Government may, thereon, issue such
directions as it may deem fit for better compliance in future.
(1) The university shall strive to declare the results of
18
(2) No examination or the results of an examination shall be held invalid only
for the reasons that the university has not followed the schedule as stipulated in
section 34 or, as the case may be, in section 35.
36. Convocation.-
academic year in the manner as may be prescribed by the Statutes for conferring
degrees, diplomas or for any other purpose.
The convocation of the university shall be held in every
37. Accreditation of the University.-
from the National Council of Assessment and Accreditation (NAAC), Bangalore
within three years of its establishment and inform the State Government and such
other regulating bodies which are connected with the courses taken up by the
university about the grade provided by NAAC to the university. The University
shall get renewed such accreditation at an interval of every five years thereafter.
The university shall obtain accreditation
38. Annual Report.-
the Board of Management which shall include among other matters, the steps
taken by the university towards the fulfillment of its objects and shall be approved
by the Governing Body and copy of the same shall be submitted to the sponsoring
body.
(2) Copies of the annual report prepared under sub-section(1) shall also be
presented to the Visitor and the State Government.
(1) The annual report of the university shall be prepared by
39. Annual Accounts and Audit.-
sheet of the university shall be prepared under the directions of the Board of
Management and the annual accounts shall be audited at least once every year by
the auditors appointed by the university for this purpose.
(2) A copy of the annual accounts together with the audit report shall be
submitted to the Governing Body.
(3) A copy of the annual accounts and audit report along with the observations
of the Governing Body shall be submitted to the sponsoring body.
(4) Copies of annual accounts and balance sheet prepared under sub-section(1)
shall also be presented to the Visitor and the State Government. The advice of the
State Government or the Visitor, if any, arising out of the accounts and audit report
of the university shall be placed before the Governing Body. The Governing Body
shall issue such directions, as it may deem fit and compliance shall be reported to
the Visitor or the State Government, as the case may be.
(1) The annual accounts including balance
40. Powers of the State Government to inspect the University.-
purpose of ascertaining the standards of teaching, examination and research or any
other matter relating to the university, the State Government may after consultation
with the Vice-chancellor 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 State Government shall communicate to the university its
recommendations in regard to the result of such assessment for corrective action.
The university shall adopt such corrective measures and make efforts so as to
ensure the compliance of the recommendations.
(3) If the university has failed to comply with the recommendation made under
sub-section(2) within a reasonable time, the State Government may give ;such
directions as it may deem fit for such compliance.
(1) For the
19
41. Dissolution of the university by the Sponsoring Body.-
Body may dissolve the university by giving a notice to the effect in the prescribed
manner to the State Government and the employees and the students of university
at least one year in advance.
Provided that 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 the dissolution of the university all the assets and liabilities of the
university shall vest in the sponsoring body.
(1) the Sponsoring
42. Special Powers of the state Government in certain circumstances.-
appears to the State Government that the university had contravened any of the
provisions of this Ordinance or the Rules, Statutes or Ordinances made thereunder
or has violated any of the directions issued by it under this Ordinance or has
ceased to carry out any of the undertakings given under sub-section(5) of section 4
or a situation of financial mismanagement or mal-administration has arisen in the
university, it shall issue notice requiring the university to show cause within forty
five days as to why an order of its liquidation should not be made.
(2) If the State Government, on receipt of reply of the university on the notice
issued under sub-section(1), is satisfied that there is a prima facie of contravening
all or any of the provisions of this Ordinance or the Rules, Statutes or Ordinances
made thereunder or of violating direction issued by it under this Ordinance or of
ceasing to carry out the undertaking given ;under sub-section(5) of section 4 or of
financial mismanagement or mal-administration, it shall make an order of such
enquiry as it may consider necessary.
(3) The State Government shall, for the purposes of any enquiry under subsection
(2), appoint an inquiry officer or officers to inquire into any of the
allegations and to make report thereon.
(4) The inquiry officer or officers appointed under sub-section(3) shall have the
same powers as are vested in a civil court under the Code of Civil Procedure, 1908
(Central Act No. 40 of 108) while trying a suit in respect of the following matters,
namely:-
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring the discovery and production of any such document or any
other material as may be predicable in evidence;
(c) requisitioning any public record from any court or office; and
(d) any other matter which may be prescribed;
(5) The inquiry officer or officers inquiring under this Ordinance shall be
deemed to be a civil court for the purposes of section 195 and Chapter 26 of the
Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974).
(6) On receipt of the enquiry report from the officer or officers appointed under
sub-section(3), if the State Government is satisfied that the university has
contravened all or any of the provisions of this Ordinance or the Rules, Statutes or
Ordinances made thereunder or has violated any of the directions issued by it
under this Ordinance or has ceased to carry out the undertakings given by it under
(1) If it
20
sub-section (5) of section 4 or a situation of financial mismanagement and maladministration
has arisen in the university ;which threatens the academic standard
of the university, it shall make orders for liquidation of the university and appoint
an administrator.
(7) The administrator appointed under sub-section (6) shall have all the powers
and be subject to all the duties of the Governing Body and the Board of
Management under this Ordinance 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 degrees, diplomas or awards as the case may
be.
(8) 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 the effect to the State Government.
(9) On receipt of the report under ;sub-section(9), the State Government shall,
by a notification in the Official Gazette, issue an order dissolving the university
and from the date of publication of such notification the University shall stand
dissolved and all the assets and liabilities of the university shall vest in the
sponsoring body from such date.
43. Power to make Rules.-
Official Gazette, make rules for carrying out the purposes of this Ordinance.
(2) Without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:-
(a) the manner of making proposal to establish a university and the fees
payable under sub-section(1) of section 4;
(b) Other particulars to be contained in the Project Report; under subsection(
2) of section4;
(c) the manner of constituting committee under sub-section (6) of
section4;
(d) matter to be prescribed under clause (d) of sub-section(4) of section
42;
(e) other matters which are required to be, or may be, prescribed by rules
under this Ordinance.
(3) All the Rules made under this Ordinance shall be laid, as soon as may
be after they are so made, before the House of the State Legislature, while it is in
session, for a period of not less than fourteen days which may be comprised in one
session or in two successive sessions and if before the expiry of the session in
which they are so laid or of the session immediately following, the House of the
State Legislature makes any modification in any of such rules or resolves that any
such rules should not be made, such rules shall thereafter have effect only in such
modified form or be of no effect, as the case may be, so however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done thereunder.
(1) The State Government may, by notification in the
44. Power to remove difficulties.-
the provisions of this Ordinance, the State Government may, by order published in
(1) If any difficulty arises in giving effect to
21
the Official Gazette, make provisions, not inconsistent with the provisions of this
Ordinance, as appear to it to be necessary or expedient for removing the difficulty.
(2) Every order made under this section shall, as soon as may be after it is
made, shall be laid before the House of the State Legislature.
45. The Ordinance to have overriding effect.-
and the Rules, Statutes, Ordinances made thereunder shall have effect not
withstanding anything to the contrary contained in any other law, for the time
being in force, of the State Legislature relating to universities.
The provisions of this Ordinance
Governor of Rajasthan
22
GOVERNMENT OF RAJASTHAN
EDUCATION (GR.4) DEPARTMENT
No.F.3(18) Edu.4/2004 Jaipur, Dated: 04.10.04
NOTIFICATION
In exercise of the powers conferred by section 43 of the Rajasthan Self-Financed
Private Universities Ordinance, 2004, the State Government hereby makes the following
rules, namely :-
1.
Financed Private Universities Rules, 2004.
(2) They shall come into force from the date of their publication in the official
Gazette.
2.
(a) “Application Fee” means the amount deposited by the sponsoring body
along with the proposal and project report to establish a University in
private sector;
(b) “Committee” means a committee constituted by the State Government under
sub- rules (2) of rule 4 ;
(c) “Ordinance” means the Rajasthan Self-Financed Private Universities
Ordinance, 2004;
(2) Words and expressions used but not defined in these rules but defined in
the Ordinance, shall have the same meaning as assigned to them in the Ordinance.
3.
application containing the proposal and the project report, as required under sub-sucation
(1) of section 4 of the Ordinance, shall be submitted by the Sponsoring Body to the State
Government in the Office of Secretary, Higer Education Department Rajasthan, Jaipur.
(2) A demand draft of rupees 50,000/- in favour of Commissioner, College
Education, Rajasthan, Jaipur shall be enclosed with the application which shall be nonrefundable.
4.
conditions as specified in sub-section (5) of section 4 of the Ordinance, the sponsoring
body shall report the compliance to the State Government within a maximum period of
one year from the date of issue of letter of intent.
(2) On receiving the compliance report, the State Government shall appoint a
Committee consisting of following three members to verify the compliance report:-
(1) The Commissioner,College Education,
Rajasthan, Jaipur Convenor
(2) Two educationists of a relevant field, to be
nominated by the State Government. Members .
By Order of the Governor
(Ram Lubhaya)
Principal Secretary