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Thursday 18 May 2017

G.O.M.S.No.22,dt.18-05-2017-Andhra Pradesh Private Universities (Establishment) Rules, 2017

                                     HIGHER EDUCATION (EC) DEPARTMENT
            G.O.MS.No. 22                                                                        Dated: 18-05-2017
Andhra Pradesh Private Universities (Establishment and Regulation) Act, 2016 (Act No.3 of 2016)
O R D E R:
The following notification shall be published in the Andhra Pradesh Gazette, Dated:19-05-2017:-
In exercise of the powers conferred by section 45 of the Andhra Pradesh Private Universities (Establishment and Regulation) Act, 2016 (Act No.3 of 2016), the Government hereby makes the following rules, namely:-
1. Short title, extent and commencement
(1) These rules may be called the Andhra Pradesh Private Universities (Establishment) Rules, 2017;
(2) They shall extend to the whole of the State of Andhra Pradesh;
(3) These rules shall be deemed to have come into force with effect from the date of their publication in the official gazette.
2. Definitions
(1) In these rules unless the context otherwise requires:-
(a) “Act” means Andhra Pradesh Private Universities (Establishment and Regulation) Act, 2016 (Act No. 3 of 2016);
(b) “Endowment Fund” means the fund established by the Sponsoring Body under section 37 of the said Act;
(c) “Expert Committee” means the Committee constituted under section 8 of the said Act;
(d) “Government” means Government of Andhra Pradesh;
(e) “Private University” means a University established under section 3 of the said Act and hereafter also referred to as University;
(f) “Search Committee” means the Committee constituted under section 15 of the said Act.
(2) The words and expressions used but not defined in these rules shall have the meanings assigned to them in the Andhra Pradesh Private Universities (Establishment and Regulation) Act, 2016 (Act No.3 of 2016).
3. Application for establishment of a Private University
(1) The Sponsoring Body intending to establish a University may apply in Form-1 appended to this order, along with the proposal and Detailed Project Report, to the Principal Secretary to Government, Higher Education Department;
(2) The application shall be signed by the person authorized to authenticate instruments on behalf of the Sponsoring Body;
(3) No application, referred to in clause (1) above, shall be entertained unless a fee of Rs.10,00,000/- (Rupees Ten lakh) is paid by a crossed account payee Bank Draft / Pay Order in favour of the Secretary, Andhra Pradesh State Council of Higher Education and payable at Vijayawada; “Provided that a portion of the fee amounting to Rs.5,00,000/- (Rupees Five lakh) shall be refunded if the Government decides to reject the application under section 10 of the said Act and the balance shall be forfeited to the Government”;
(4) The application shall be duly acknowledged by the Government;
(5) The application referred to above shall be placed by the Government, for examination, before an Expert Committee constituted with the following members, namely:
(a) One academic administrator
(b) One expert in financial matters
(c) An eminent academician
(d) An eminent person from the field of research
(e) A renowned industrialist
(6) The Secretary, Andhra Pradesh State Council of Higher Education, shall extend secretarial assistance and funds to the Expert Committee.
4. Time limit for fulfillment of conditions of Letter of Intent The Sponsoring Body shall ordinarily fulfil all the terms and conditions specified in the Letter of Intent within a period of two years from its date of issue, unless extended further by the Government under the provisions of sub-section (4) of section 10 of the said Act.
5. Procedure for selection of Chancellor
(1) The Sponsoring Body shall invite applications from persons desirous of being considered for appointment as Chancellor of the Private University;
(2) The invitation for such application shall be through print and online advertisements in prominent national newspapers, and national and international academic journals, giving at least one month’s time from the date of publication for submission of applications. The Sponsoring Body may also fire recruitment agencies for this purpose;
(3) The Sponsoring Body shall place all the applications received by it before the Search Committee;
(4) The Search Committee shall adopt a transparent process to evaluate the relative merits of the applicants and after duly recording the process and parameters of such evaluation recommend a panel of three names in alphabetical order to the Sponsoring Body.
6. Submission of First Statutes and First Ordinance The University shall submit its First Statutes to the Government for approval within a period of (90) days from the date of appointment of the Chancellor and the First Ordinance within a period of (60) days from the date of appointment of the Vice-Chancellor.
7. Establishment of Endowment Fund
(1) The concerned Sponsoring Body shall establish an Endowment Fund in the name of the University within a period of one month from the date of inclusion of its name in the Schedule to the said Act;
(2) The Endowment Fund shall be 1% of the Project Cost or Rs.15,00,00,000/- (Rupees Fifteen Crore), whichever is lower;
(3) The Government shall have power to direct upward revision of the Endowment Fund from time to time, provided that any upward revision so ordered shall not exceed the amount required to neutralize the inflationary impact (measured through Wholesale Price Index);
(4) The Endowment Fund shall be deposited in a nationalised bank or a major private bank approved by the Government from time to time in the form of a fixed deposit and shall be in the joint name of the University concerned and an officer specified by the Government for the purpose;
(5) The Fund shall not be liquidated without the prior permission of the Government.
8. Dissolution of the Sponsoring Body and / or the University
(1) Upon receipt of notice for dissolution of the Sponsoring Body, the administrator appointed under section 42 of the said Act shall exercise all the powers and perform all the duties of the Sponsoring Body under the Act;
(2) The administrator so appointed shall administer the affairs of the University until the last batch of students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards as the case may be;
(3) The Government may dissolve the University through an Act of the State Legislature for deletion of the entry relating to the University from the Schedule;
(4) Upon dissolution of the University under sections 42, 43 or 44 of the said Act its assets including the Endowment Fund and the General Fund may be utilized for discharge of its liabilities.
Download Andhra Pradesh Private Universities (Establishment) Rules, 2017 and Application for establishment of a Private University
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