Bare Acts Live

The Institute of Trans-disciplinary Health Sciences and Technology Act, 2013

(Karnataka Act No. 35 of 2013)

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Chapter-I

Preliminary

(1) "Academic Council" means the Academic Council of the Institute constituted under section 25;

(2) "Agenda Matters" means all the matters and business to be taken up for discussion and decision at meetings of the Board of Governors or the Board of Management or any Committees, as the case may be, only subject to the prior written approval of the Chairman, consenting to the passing of the such matters and business at such a meeting;

(3) "Board of Governors" means the Board of Governors of the Institute as specified in section 23;

(4) "Board of Management" means the Board of Management of the Institute as specified in section 24;

(5) "Campus" means any campus established, maintained by the Institute;

(6) "Chancellor" means the chairperson of the sponsoring Body;

(7) "Chief Operating Officer & Registrar - (COO&R)" means the person nominated and appointed by the Director for the institute;

(8) "Committees" means the committees formed by the various functionaries of the Institute as the case may be and includes the Nomination Committee, the Finance Committee and any other committees;

(9) "Constituent College" means a college or institution owned or established by the University;

(10) "Dean" means the Dean of a School;

(11) "Director" means the independent person nominated and appointed by the Chancellor and Board of Governors as the Director of the Institute, responsible for the overall functioning of the Institute;

(12) "Finance Committee" means the Finance Committee of the Institute as specified in section 27;

(13) "Foundation" means the Foundation for Revitalization of Local Health Traditions, which is a Public Trust registered;

(14) "Government" means the Government of Karnataka;

(15) "Institute" means the University called Institute for Trans-disciplinary Health Sciences and Technology (IIHST) established and incorporated under this Act;

(16) "National Accreditation Bodies" means a body established by the Central Government for laying down norms and conditions for ensuring academic standards of higher education, such as University Grants Commission, All India Council of Technical Education, Medical Council of India, Pharmaceutical Council of India, National Assessment and Accreditation Council, National Council of Teacher Education, Council of Scientific and Industrial Research, and includes the Government;

(17) "Prescribed" means prescribed by rules by the Government;

(18) "Research Council" means the Research Council created by the Board of Management to guide research in the Institute as specified in section 26;

(19) "School" means a major academic unit functioning under the Institute which deals with a specialized area related to Ayurveda Trans-disciplinary medicine and modern knowledge systems;

(20) "Sponsoring Authority" or "Sponsoring Body" in relation to this Act means the Foundation;

(21) "Teacher" means and includes a Professor, Associate Professor, Assistant Professor, Reader or Lecturer, or any resource person from a non-academic but professional background approved by the Academic Council for imparting instruction or to guide research in the Institute or in a Constituent College;

(22) "Trans-disciplinary health sciences" means the interface of any of the Indian traditional health sciences with other systems of knowledge including; Biomedicine, life sciences, social sciences, engineering, and management studies;

(23) "UGC" means the University Grants Commission established under section 4 of the University Grants Commission Act, 1956 (Central Act 3 of 1956);

(24) "University" means the Institute for Trans-disciplinary Health Sciences and Technology established under this Act.

Chapter-II

The Institute and Sponsoring Body

(i) the objects of the Institute along with the details of the Foundation;

(ii) the extent and status of the Institute and the availability of land;

(iii) the nature and type of programmes of study and research to be undertaken by the Institute during a period of academic years immediately following the commencement date;

(iv) the nature of faculties, courses of study and research proposed to be started;

(v) the campus development such as buildings, equipment and structural amenities;

(vi) the phased outlays of capital expenditure for a period of academic years immediately following the commencement date;

(vii) the item-wise recurring expenditure, sources of finance and estimated expenditure for each student;

(viii) the scheme for mobilizing resources and the cost of capital thereto and the manner of repayments to each source;

(ix) the scheme of generation of funds internally through the recovery of fee from students, revenues anticipated from consultancy and other activities relating to the objects of the Institute and other anticipated incomes;

(x) the details of expenditure on unit cost, the extent of concessions or rebates in fee, freeship and scholarship for students belonging to economically weaker sections and the fee structure indicating varying rate of fee, if any, that would be levied on students who are either non resident Indians or persons of Indian origin or sponsored by non resident Indians or persons of Indian origin and students of nationalities other than India;

(xi) the years of experience and expertise in the concerned discipline at the command of the Foundation as well as the financial resources;

(xii) the system for selection of students to the courses of study at the Institute; and

(xiii) status of fulfillment of such other conditions as may be required by the State Government to be fulfilled before the establishment of the Institute.

(a) any reference to the Institute for Trans-disciplinary Health Sciences and Technology in any contract or other instrument shall be deemed as a reference to the Institute;

(b) all the rights and liabilities of the Foundation shall be transferred to, and be the rights and liabilities of, the Institute; and

(c) every person employed by the Foundation immediately before the appointed day, shall hold office or service in the Institute by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same, if this Act had not been passed, and shall continue to be so, unless and until his employment is terminated or until such tenure, remuneration, terms and conditions are duly altered by the Institute:

(i) to formulate the niche areas for research and teaching keeping in mind the needs being socially relevant in creating a knowledge society;

(ii) to support, promote and undertake research and teaching for the advancement of disciplinary Health Sciences enrolling students who may be medical graduates, graduates of natural and social sciences, doctoral and postdoctoral fellows;

(iii) to have holistic frame work for researching & teaching in Trans-disciplinary Health Sciences and Technology.

(iv) to focus on traditional Indian health sciences, bio-medical sciences and other basic natural and social sciences to develop a resource centre and research team to analyse and assess different dimensions of Public Governance;

(v) to carve a niche in the fields of entrepreneurship and entrepreneurial research and to develop case studies including providing strategic advice to the Incubated Companies;

(vi) to create a dedicated research centre for the study of Trans-disciplinary Health Sciences and Technology.

(vii) to undertake programmes for development and training of faculty and researchers of the Institute in partnership with any other University of quality;

(viii) to undertake collaborative research and advocacy with any organizations;

(ix) to provide an innovative system of University level education, flexible and open, in regard to methods and places of learning, combination of courses, eligibility for enrolment, age of entry, conduct of examination and operation of programmes with a view to promoting access and equity in higher learning and to encourage excellence in the new fields of knowledge and to provide special emphasis on both the academic and application oriented learning;

(x) to promote national integration and the integrated development of human personality through its policies and programmes.

(a) to provide for, research, design of strategic outreach programs and impart instruction in such aspects of Trans-disciplinary medicine and health sciences, including public health, management of infectious diseases, surgery, biomedical engineering, biostatistics, sociology and history of medicine, bioinformatics, management studies, and arts and culture and for the advancement of learning and dissemination of knowledge;

(b) to develop innovative patterns of teaching in under graduate and post graduate health science education, in all its branches and in allied physical and biological sciences, so as to demonstrate new models of education in health sciences and technology of high standards;

(c) to hold examinations and grant degrees, diplomas, certificates and other academic distinctions or titles;

(d) to confer honorary degrees or other distinctions;

(e) to fix, demand and receive fees and other charges not prohibited by any law for the time being in force;

(f) to establish, maintain and manage halls and hostels for the residence of students;

(g) to supervise and control the residence and regulate the discipline of students of the Institute and to make arrangements for promoting their health, general welfare and cultural and corporate life;

(h) to institute academic and other posts, and to make appointments thereto;

(i) to frame Statutes and Regulations and to alter, modify or rescind the same;

(j) to deal with any property belonging to or vested in the Institute in such manner as the Institute may deem fit for advancing the objects of the Institute;

(k) to receive gifts, grants, donations or benefactions and to receive bequests and transfers of movable or immovable properties from testators, donors or transferors, or take on loans, as the case may be;

(l) to co-operate or collaborate with educational or other institutions having objects wholly or partly similar to those of the Institute by exchange of teachers and scholars and generally in such manner as may be conducive to their common objects;

(m) to institutes and award fellowships, scholarships, exhibitions, prizes and medals;

(n) to establish standards, systems and benchmarks for various aspects of Trans- disciplinary health sciences;

(o) to undertake consultancy in the areas or disciplines relating to the Institute;

(p) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Institutes;

(a) for research, development and other activities for which other State Government organizations are provided financial assistance; or

(b) for any specific research or programmes receiving support from the Government; and

(c) for the benefit of similar universities in the State whether subject to a change in State policy or otherwise:

(i) Trans-disciplinary Health Sciences

(ii) Trans-disciplinary Studies

(iii) Educational innovation and strategic outreach

(iv) Conservation of natural medicinal resources

(v) Bio-medical engineering

(vi) Social sciences, humanities and management studies

(vii) Any other knowledge area on recommendation of the Academic council and Board of Management and with approval of the State Government and concerned national accreditation bodies

(viii) Schools shall be headed by Deans

(ix) The Institute may also establish Centers with specific foci under the Schools.

(i) to appoint or re-appoint the Chancellor of the Board of Governors;

(ii) to constitute the Board of Governors of the Institute;

(iii) to nominate upto four persons as members of the Board of Management each of which shall be eminent professionals or researchers;

(iv) to determine the source of funds to be contributed to the Institute Endowment Fund;

(v) to determine the policies for application and spending of moneys by the Institute;

(vi) to resolve a Conflict at the meeting of the Board of Governors in the manner provided for in this Act.

Chapter-III

Officers of the Institute

(i) The Visitor;

(ii) The Chancellor;

(iii) The Director ;

(iv) The Chief Operating Officer & Registrar (COO & R);

(v) The Deans;

(vi) The Finance Officer; and

(vii) Such other officers as may be declared by the Board of Management to be officers of the Institute.

(i) to call for any paper or information relating to the affairs of the University;

(ii) on the basis of the information received by the Visitor, if he is satisfied that any order, proceedings, or decision taken by any authority of the University is not in conformity with the Act, Regulations or Rules, 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 all concerned.

(i) to function as the head of the Board of Governors;

(ii) to preside at all convocations of the Institute in absence of visitor.

(iii) to function as a member and the Chairperson of the Board of Governors of the Institute and also attend all the meetings of the Board of Governors;

(iv) to appoint or re-appoint or terminate the appointment of the Director, in accordance with the provisions of this Act and the Statute and Regulations;

(v) to nominate three eminent persons who maybe knowledge experts or scientists or professionals as members on the Board of Governors;

(vi) to approve the composition of the first Board of Management, the Finance Committee, the Research Council and the Academic Council;

(vii) to resolve a conflict (excluding conflicts at a meeting of the Board of Governors) in the manner provided for in this Act.

(viii) in the event of there being a conflict inter-se between the functionary or functionaries or body or bodies and any other functionary or body of the Institute, then the issue shall be referred to the Chancellor and the decision of the Chancellor in respect of the such issue shall be final and binding on the Institute.

Chapter-IV

Authorities of the Institute

(i) The Board of Governors;

(ii) The Board of Management;

(iii) The Academic Council;

(iv) Research Council;

(v) The Finance Committee; and

(vi) Such other authorities as may be declared by the Board of Management to be the authorities of the Institute.

(i) The Chancellor

(ii) The Director

(iii) The Principal Secretary to Government incharge of Health and Family welfare ;

(iv) Three eminent knowledge experts/scientists/professional as nominated by the Chancellor in consultation with the Director.

(v) Three eminent persons each of whom may be nominated by the Sponsoring Body.

(vi) One eminent Educationist nominated by the U.G.C.

(i) to appoint the Statutory Auditors of the Institute;

(ii) to lay down policies to be pursued by the Institute;

(iii) to review decisions of the other authorities of the Institute if they are not in conformity with the provisions of this Act or the Rules and Regulations;

(iv) to approve the Budget and Annual Report of the Institute;

(v) to make new or additional Statutes or amend, modify or repeal the earlier Statutes;

(vi) to take decision about voluntary winding up of the Institute;

(vii) to approve proposals for submission to the Government;

(viii) to take such decisions and steps as are found desirable for effectively carrying out the objects of the Institute;

(ix) to collaborate and participate with other bodies and institutions to set up new entities that promote the purpose of the Foundation.

(i) The Director;

(ii) The COO&R;

(iii) Upto a maximum of four nominees of the Sponsoring Body, each of which shall be eminent professionals or researchers;

(iv) All Deans of the Schools.

(a) is of unsound mind and stands so declared by a competent court;

(b) is an un discharged insolvent;

(c) has been convicted of any offence involving moral turpitude;

(d) is conducting or engaging himself in private coaching classes; or

(e) has been punished for indulging in or promoting unfair practice in the conduct of any examination, in any form, anywhere;

(f) as and when the Sponsoring Body were to form an opinion in writing that a Member of any of the authorities or bodies is unfit to hold the post.

Chapter-V

Statutes and Regulations

(i) the procedure for transaction of business of the Authorities of the Institute and the composition of bodies not specified in this Act;

(ii) the operation of the permanent statutory endowment fund, Institute endowment fund, the general fund and the development fund;

(iii) the terms and conditions of appointment of the Director, COO&R, and the Finance Officer and their powers and functions;

(iv) the mode of recruitment and the terms and conditions of service of the other officers, Teachers and employees of the Institute;

(v) the procedure for resolving disputes between the Institute and its officers, Faculty members, employees and students;

(vi) creation, abolition or restructuring of schools and centers;

(vii) The manner of co-operation with other Universities or institutions of higher learning;

(viii) the procedure for conferment of honorary degrees;

(ix) provisions regarding grant of free ships and scholarships;

(x) number of seats in different courses of studies and the procedure of admission of students to such courses;

(xi) the fee chargeable from students for various courses of studies not prohibited by any law from time being in force;

(xii) institution of fellowships, scholarships, studentships, free ships, medals and prizes;

(xiii) procedure for creation and abolition of posts;

(xiv) to specify the tenure of various authorities of the Institute

(xv) other matters which may be specified.

(i) admission of students to the Institute and their enrollment and continuance as such;

(ii) the courses of study to be laid down for all degrees and other academic distinctions of the Institute;

(iii) the award of degrees and other academic distinctions;

(iv) the conditions of the award of fellowships, scholarships, studentships, medals and prizes;

(v) the conduct of examinations and the conditions and mode of appointment and duties of examining bodies, examiners invigilators, tabulators and moderators;

(vi) the fee to be charged for admission to the examinations, degrees and other academic distinctions of the Institute;

(vii) the conditions of residence of the students at the Institute or a Constituent College;

(viii) maintenance of discipline among the students of the Institute or a Constituent College;

(ix) all other matters as may be provided in the Rules under the Act.

Chapter-VI

Miscellaneous

(i) the first Director shall be appointed by the Chancellor;

(ii) the first COO&R, , the first Deans and the first Finance Officer shall be appointed by the Director; and

(iii) the first Board of Management, the first Finance Committee, the first Distance Education Committee, the first Research Council and the first Academic Council shall be constituted by the Director with approval of the Chancellor of the Board of Governors .

(i) all fees which may be charged by the Institute;

(ii) all sums received from any other source not prohibited by any law for the time being in force;

(iii) all contributions made to the Institute;

(iv) all contributions/donations made in this behalf by any other person or body which are not prohibited by any law for the time being in force.

(i) development fees which may be charged from students not prohibited by any law for the time being inforce;

(ii) all sums received from any other source for the purposes of the development of the Institute;

(iii) all contributions made to the Institute;

(iv) all contributions/donations made in this behalf by any other person or body which are not prohibited by any law for the time being in force; and

(v) incomes received from the Permanent Statutory Endowment Fund.

(i) standard of instructions for grant of degree;

(ii) quality of education;

(iii) avoidance of commercialization of Higher Education;

(iv) contravention of the provisions of the Act if any;