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Telangana State Private Universities (Establishment and Regulation) Act, 2018

(Act No. 11 of 2018)

Last Updated 12th March, 2021 [tel040]

Chapter - I

Preliminary

(a) "AICTE" means the All India Council for Technical Education established under section 3 of the All India Council for Technical Education Act, 1987, (Central Act No.52 of 1987);

(b) "AIU" means, the Association of Indian Universities registered under the Societies Registration Act, 1860, (Central Act No.21 of 1860);

(c) "BCI" means the Bar Council of India established under the Advocates Act, 1961;

(d) "CSIR" means the Council of Scientific and Industrial Research, New Delhi, a funding agency of the Central Government;

(e) "DST" means the Department of Science and Technology of the Central Government;

(f) "Eminent Persons" means persons of impeccable integrity having outstanding knowledge and expertise in academics, scientific research and all other related subjects;

(g) "Expert Committee" means a Committee of eminent persons notified by the Government to promote, facilitate and assist in the establishment of new Private Universities in Telangana constituted under this Act;

(h) "Fee" means collection of amount made by the University from the students for different purposes under different heads and which is non-refundable;

(i) "Government" means the Government of Telangana;

(j) "Higher Education" means study of a curriculum or course for the pursuit of knowledge beyond 10+2 level;

(k) "Hostel" means a place of residence for the students of the University;

(I) "ICAR" means the Indian Council of Agricultural Research, a Society registered under the Societies Registration Act, 1860, (Central Act No. 21 of 1860);

(m) "MCI" means the Medical Council of India constituted under the Medical Council Act, 1956, (Central Act No. 102 of 1956);

(n) "NAAC" means the National Assessment and Accreditation Council, an autonomous institution of the UGC;

(o) "NCTE" means the National Council for Teacher Education established under the National Council for Teacher Education Act, 1993, (Central Act No. 73 of 1993);

(p) "Notification" means the Notification published in the Telangana Gazette and the word 'notified' shall be construed accordingly;

(q) "PCI" means the Pharmacy Council of India constituted under section 4 of the Pharmacy Act, 1948, (Central Act No. 8 of 1948);

(r) "Prescribed" means prescribed by the rules made under this Act;

(s) "Regulatory Body" means a body established by the Central Government, for laying down the norms and conditions for ensuring academic standards of Higher Education, such as UGC, AICTE, NCTE, DBT, DST,BCI, MCI, PCI, NAAC, ICAR, DEC and CSIR;

(t) "Regulations" means the Regulations made by any authority of the University under section 31;

(u) "Rules" means the Rules made under section 46;

(v) "Schedule" means the Schedule appended to this Act;

(w) "Sponsoring Body" in relation to a University established under this Act means:-

(i) a society "not for profit" registered under the Societies Registration Act, 1860, (Central Act No.21 of 1860); or the Telangana State Societies Registration Act, 2001; or

(ii) a public trust "not for profit" registered under the Indian Trusts Act, 1882, (Central Act No.2 of 1882); or

(iii) a company registered under section 8 of the Companies Act, 2013, (Central Act No.13 of 2013);

(x) "Statutes" and "Ordinances" mean the Statutes and the Ordinances of the University made under this Act;

(y) "Specified" means specified by Ordinances Statutes and Regulations under this Act;

(za) "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;

(zb) "Teacher" means a Professor, Associate Professor, Assistant Professor 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;

(zc) "UGC" means the University Grants Commission established under section 4 of the University Grants Commission Act, 1956, (Central Act No.3 of 1956);

(zd) "University" means a Private University established under section 3 of this Act.

Chapter - II

Establishment of University

(a) to provide for instruction, teaching, and training in the University in the field of higher education and make provisions for research, innovation, advancement and dissemination of knowledge;

(b) to establish and maintain a campus with international standards of education;

(c) to develop infrastructure for research in higher education, professional education, teaching, training, extension and outreach;

(d) to create higher levels of intellectual abilities;

(e) to establish State of the art facilities for education and training;

(f) to carry out teaching and research;

(g) to create and maintain centres of excellence for research and development and for sharing knowledge and its application;

(h) to provide avenues for innovation, set up incubation centres and to develop entrepreneurship skills;

(i) to provide consultancy to the industry and public organisations;

(j) to encourage and use the latest technology for education, research and training;

(k) to confer degrees, diplomas and other academic distinctions on the basis of an approved method of evaluation as established by the Academic Council of the University, keeping in view the guidelines of the University Grants Commission and other connected Regulatory Bodies;

(l) to develop educational programmes for diplomas, degrees and post-graduate courses, doctorate degrees and post-doctoral programmes and to maintain high standards of education;

(m) to collaborate with national and global institutions, to offer programmes and to create capabilities for upgrading programmes to the global standards subject to the guidelines of the UGC and other connected Regulatory Bodies;

(n) to ensure that the standards of the degrees, diplomas and other academic distinctions are not lower than those laid down by the Regulatory Bodies;

(o) to establish close linkage with the industry, business, educational institutions and other sections of the society to make teaching, research, training, documentation, publication, use of various media and outreach activities at the University relevant to the needs of the University, time and society, at national and international level;

(p) to pursue any other objectives as may be approved by the Government:

(i) to administer and manage the University, for research, teaching, learning, training, extension and e-learning in the approved fields at its campus within the State of Telangana;

(ii) to provide for research in higher education, professional education, teaching, learning, training, extension and e-Learning in the approved fields;

(iii) to conduct innovative experiments in educational technologies, teaching and learning methods and to collaborate with national and international institutions to offer joint programmes recognised by the Regulatory Bodies, to constantly improve the delivery of education and to achieve international standards of education;

(iv) conduct programmes and courses of study that are in the opinion of the University, necessary for the furtherance of its objects in the approved fields;

(v) 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 Ordinances and Regulations;

(vi) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;

(vii) to provide for publications and reproduction of research, educational material and other works and to organize exhibitions conferences, workshops and seminars;

(viii) to establish knowledge resource centre;

(ix) to sponsor and undertake research and educational programmes in the approved fields of science and technology, humanities, social sciences, education, management, commerce, law, pharmacy, healthcare and any other allied areas;

(x) to obtain registration in respect of research in the nature of patents, design rights and such or similar intellectual property rights with the competent authorities;

(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;

(xii) to render services of research, training, consultancy and such other service, as required for the purposes of the University;

(xiii) 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;

(xiv) to regulate the expenditure and to manage the finances and to maintain the accounts of the University;

(xv) to receive funds, movable and immovable properties, equipments, software and other resources from business, industry, other sections of society, national and international organization(s) by transfer or as gifts, donations, benefactions or bequests, as valid under the relevant Laws, for the purposes and objects of the University;

(xvi) to establish, maintain, manage the hostels for students, establish quarters for the residence of faculty and staff;

(xvii) to construct, manage and maintain complexes, auditorium, buildings, stadium for the advancement of sports, cultural, co-curricular and extra-curricular activities;

(xviii) to supervise and control the residence and regulate the discipline of students, faculty and staff of the University and to make arrangements for promoting their health, general welfare, social and cultural activities;

(xix) to fix, demand and receive or recover fees and such other charges as may be prescribed by the Statutes;

(xx) to institute and award fellowships, scholarships, prizes, medals and other awards;

(xxi) 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;

(xxii) to sell, exchange, lease or otherwise dispose of all or any portion of the properties of the University, movable or immovable, on such terms as it may think fit and consistent with the interest, activities and objects of the University, with the prior permission of the Government;

(xxiii) to draw and accept, to make and endorse, to discount and negotiate promissory notes, bills of exchange, cheques and other negotiable instruments;

(xxiv) 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 and upon such terms and conditions as it may think fit and to pay out of the funds of the University, all expenses incidental to the raising of money, and to repay and redeem any money borrowed, with the prior permission of the Government;

(xxv) to invest the funds of the University in or upon such securities and transpose any investment from time to time in such manner as it may deem fit in the interest of the University with the prior permission of the Government;

(xxvi) 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;

(xxvii) to admit students for the courses offered by the University in the manner prescribed by the Ordinances;

(xxviii) to create academic, technical, administrative, ministerial and other posts prescribing qualifications by the Statutes and to make appointments thereto;

(xxix) 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;

(xxx) to institute professorships, associate professorships, assistant professorships 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;

(xxxi) 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;

(xxxii) to collaborate with other National and International Universities and acquire membership of bodies, authorities, or associations, which may have been formed with like or similar objects for the advancement of learning, science or research, or for the dissemination of knowledge or for the physical and moral welfare of the students, in such manner and for such purpose as the University may determine by Statutes;

(xxxiii) to delegate all or any of its powers except the power to make Regulations to any officer or authority of the University as per the Statutes and Ordinances of the University;

(xxxiv) 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.

(a) justification regarding the necessity of establishment of the proposed University;

(b) the details of the Sponsoring body along with the copies of its registration certificate under the Societies Registration Act, 1860, or Telangana State Societies Registration Act, 2001 or Public Trust Act or the Companies Act, 2013, constitution and bye-laws;

(c) the information regarding financial resources of the Sponsoring Body along with audited financial statements for the last five years;

(d) the track record, experience and domain expertise in the disciplines proposed at the command of the Sponsoring Body;

(e) the name, location and headquarters of the proposed University;

(f) the objectives of the University;

(g) plan for pre-commencement activities, including in academic & non-academic areas;

(h) availability of academic facilities including teaching and non-teaching staff, if any at the disposal of the Sponsoring Body;

(i) 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 further required construction area as prescribed from time to time by the Government;

(j) the outlays of capital expenditure and its sources of finance;

(k) the nature and type of programmes and courses of study, research and innovation proposed to be undertaken by the University and their relevance to the development goals and employment needs of the State with course-wise enrolment targets;

(l) the nature of facilities proposed to be started;

(m) the estimated recurring expenditure course-wise or activity-wise, sources of finance and estimated expenditure per student;

(n) the scheme of mobilizing resources and the cost of capital thereto and the manner of repayment to such sources;

(o) projected detailed financial statements and key operating ratios with a detailed break-up of sources of revenues generated internally through the recovery of fee from the students, professional income such as through consultancy services, ancillary income from the student services such as student housing, other activities relating to the objects of the University and other anticipated incomes;

(p) 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 differently abled students;

(q) the system proposed to be followed for selecting students for admission to the courses of study at the University;

(r) the system proposed for appointment of faculty and other employees in the University;

(s) the nature of specialized teaching, training or research activities to be undertaken by the University so as to fulfil its objects and the University proposes to undertake related to local needs;

(t) the relevant details must also be provided if the University proposes to start some programmes for the benefit of farmers, women and industries;

(u) the 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 Guides;

(v) proposed approach and initial plans for academic and research excellence, including accreditations to be sought and academic auditing;

(w) commitment to follow the norms of the Regulatory Bodies;

(x) such other details as the Sponsoring Body may like to give;

(y) such other details as may be prescribed or notified from time to time.

(a) financial soundness and assets of the Sponsoring Body and its ability to set up 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) potential of the programme and 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;

(d) appropriateness of the objectives of the proposed University against the overall goals and objectives of the State; and

(e) any other factor that the Expert Committee may deem appropriate.

Chapter - III

Officers of University

(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.

(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 15;

(c) such other powers as may be prescribed by the Statutes.

Chapter - IV

Authorities of University

(a) The Governing Body;

(b) The Board of Management;

(c) The Academic Council; and

(d) such other authorities as may be declared by the Statutes to be the authorities of the University.

(a) the Chancellor;

(b) the Vice-Chancellor;

(c) members to be nominated by the Sponsoring Body who shall be eminent people of standing in the fields as may be specified:

(d) officer not below the rank of Secretary to the Government of Telangana, to be nominated by the Government:

(b) An ex-officio member shall continue so long as he/ she holds the office by virtue of which he/ she is such a member;

(c) Nearly one third of the nominated members, except the ex-officio member shall retire by rotation each year. In the first two instances, the Board of Management may decide the procedure to identify the members who will retire;

(d) A member may resign from his office by writing under his hand, addressed to the Chairperson, but he shall continue in office until his resignation has been accepted by the Chairperson.

(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;

(f) such other powers as may be prescribed by the Statutes;

(g) to vest to the Board of Management or any other entity or official of the University such of its powers as it deems appropriate, along with appropriate governance mechanism.

(a) the Vice-Chancellor;

(b) upto one-fourth members of the Board of Management, to be nominated by the Sponsoring Body;

(c) eminent persons from the field of Management, Finance & Law, Science and Technology and Public Administration or such other subjects, who are not the members of the Governing Body, to be nominated by the Sponsoring Body;

(d) persons from amongst the Heads of Departments of the University, to be nominated by the Sponsoring Body:

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

(b) he/she is an undischarged insolvent;

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

(d) he/she is conducting or engaging himself in private coaching with or without pecuniary gain; or

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

Chapter - V

Statutes, Ordinances and Regulations

(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, 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 resolution in cases of disputes between employees or students and the University;

(g) the conferment of honorary degrees;

(h) the provisions regarding exemption from payment of tuition fee and awarding scholarships and fellowships to the students;

(i) framing of policy for admissions, including regulation of reservation of seats; and

(j) fees to be charged from students.

(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 departments;

(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 specified by the Statutes.

(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 rules and procedures 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) provision of various student facilities and services provided by the University including but not limited to student housing;

(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.

Chapter - VI

Regulation of University

Chapter - VII

Funds of the University

(a) fees and other charges received by the University for procurement and upkeep of the assets of the University;

(b) any contributions made by the Sponsoring Body;

(c) any income received from consultancy and other works 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.

(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 upkeep of the assets of the University;

(c) for the payment of the fee for audit of the funds created under sections 37 and 38;

(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 works undertaken by the University in pursuance of the provisions of this Act or the Statutes or the Ordinances or the Regulations or 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:

Chapter - VIII

Accounts, Audit and Annual Report

Chapter - IX

Winding up of University

(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 evidence;

(c) requisitioning any public record from any court or office.

Chapter - X

Miscellaneous

(a) the manner of making proposal and Project Report to establish the University under sections 6 and 7;

(b) other matters relating to the Statutes and Ordinances under sub-section (1) of section 26, section 27, section 28 and section 29;

(c) matters relating to dissolution of the Sponsoring Body under sub-section (2 and 3) of section 42;

(d) matters relating to dissolution of the University under sub-section (1) of section 43 and section 44.

Schedule

(see section 3)