(1) At an ordinary meeting, business shall be conducted in the following orders.-
(a) the minutes of the previous ordinary meeting and any special meeting held since shall be read and confirmed;
(b) business postponed at the previous meeting shall be considered;
(c) subjects included in the agenda shall than be considered.
(2) A member may propose any resolution connected with or incidental to the subjects included in the agenda:
Provided that the presiding authority may propose any subject relating to a routine matter of urgency not included in the list of business, if no member objects to it.
(3) All points of order shall be decided by the presiding authority with or without discussion as he may deem fit and his decision shall be final.
(4) Any question of procedure not provided for, in these rules shall be decided by a majority of the members present and voting
CHAPTER-IV REMOVAL FROM THE OFFICE AND VACATING OF OFFICE 12) Removal of Vice-Chairman and Executive Director -1) If, at any time, it appears to the Government that Vice-Chairman or the Executive Director has been guilty of willful omission or refusal to carry out the provisions of the Act, Rules or Regulations made there under and abuse of powers vested in them and misconduct, Additional Chief Secretary or Principal Secretary or Secretary, Higher Education Department, with the prior approval of the Chairman of the Karnataka Higher Education Council shall, for the purpose of sub-section(2) of section 12 of the Act, may himself inquire into or appoint an authority to inquire into the truth thereof and to make or obtain the report as the case may be.
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(2) The enquiry shall be conducted after providing reasonable opportunity of being heard, to the Vice-Chairman or the Executive Director and the report shall be made on the action to be taken including penalty if any to be imposed.
(3) On consideration of the enquiry report, if the Chairman is satisfied that the Vice-Chairman or the Executive Director has contravened all or any of the provisions of the Act or these rules, or the regulations made there under or has violated any of the directions issued by it under any law in force or has ceased to carry out the powers and functions as laid down in the Act, or, has committed abuse of power, he shall remove the Vice-Chairman or the Executive Director from the office and impose penalty, if any, as he may deem appropriate.
13) Vacating of Office. – The non-official member of the Council, may resign his membership in writing under his hand addressed to the State Government and his seat shall become vacant on the date of its receipt by the State Government.
14) Casual Vacancy,- Where a vacancy occurs by reason of resignation, disqualification, death, removal or otherwise, in the office of a member of the Council previous to the expiry of his term of office, the vacancy shall be filled, as soon as may be, after the occurrence of such vacancy by appointment or nomination, as the case may be:
Provided that the member appointed or nominated shall hold office so long only as the member in whose place he is appointed or nominated would have held office if the vacancy had not occurred.
CHAPTER-V TERMS AND CONDITIONS OF SERVICE OF THE VICE-CHANCELLOR , EXECUTIVE DIRECTOR AND MEMBERS 15) Leave.- (a) Earned Leave : The Vice-Chairman and Executive Director or a Member shall be entitled to thirty days of earned leave for every year of service.
(b) Leave sanctioning authority.- Leave sanctioning authority in case of, the Vice-Chairman & Executive Director, shall be the Additional Chief Secretary or Principal Secretary or Secretary, Higher Education Department of the State Government. In respect of other members, leave sanctioning authority shall be the Vice-Chairman 7 16) Allowances to the Members of the Council and the Committee.- (1) A non official member shall be entitled to a sitting fee and daily allowances as may be prescribed by the Regulations and travelling allowance at the rates specified in Annexure-A to the Karnataka Civil Services Rules, 1958, when he is required to be present at a place in connection with the business of the Council or the Committee as the case may be.
Provided that no non official member whose ordinary place of residence is within the Corporation or Municipal or Panchayat limits of the place at which he is required to be present, shall draw daily allowance and travelling allowance for attending the business of the Council or the Committee as the case may be.
(2) Vice-Chancellor nominated by the Council on the Committee shall be entitled to daily allowance and travelling allowance as admissible to the highest/senior class of officers of the State Civil Service under K.C.S Rules, for attending the business of Committee.
Provided that Vice-Chancellor whose ordinary place of residence is within the Corporation or Municipal or Panchayat limits of the place at which he is required to be present, shall draw daily allowance and travelling allowance for attending the business of the Committee.
17) Oath of Office and Secrecy.- Every person appointed as a non-official Member shall, before entering upon his office, make and subscribe an oath of office and secrecy, in Form -‘A’ and Form -‘B’ 18) Declaration of financial or other interest.- Every person, on his appointment as a non-official member, shall have to give an undertaking that he does not and will not have any such financial or other interest as is likely to affect prejudicially his functions as such Chairperson or Member.
19) Residuary provision.- Matters relating to the terms and conditions of service of the Vice-Chairman, the Executive Director and non-official Member with respect to which no express provision has been made in these rules, shall be referred by Council to the State Government for its decision.
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CHAPTER-VI FUNDS, BUDGET, ACCOUNTS, AUDIT AND REPORTS 20) Funds of the Council.-(1)The funds of the Council shall be kept in Scheduled Bank as defined in Reserve Bank of India Act, 1934, or in a corresponding Bank constituted under Banking Companies(Acquisition and Transfer of Undertakings) Act, 1970
(2)Any surplus fund remaining, after expenditure the Council has beenmet out, shall be invested in short term deposit and long term deposits keeping in view the requirement of funds over a period of time, with the approval of the Council 21) Budget, Accounts and Audit.- (1) The council shall, for the purpose of clause(viii) of sub-heading(A) of section 12 of the Act,
(i) Finalize the budget estimates for ensuing year in the month November every year. The budget estimates shall be shown under various heads as following:
(a) Actual receipt of the previous year;
(b) Revised estimates if any for the current year, indicating separately the actual expenditure up to the end of October in the current year and anticipated expenditure for remaining period of the year;
(c) Budget estimates for the ensuing year.
(ii) Following factors shall be taken in to consideration while preparing budget:
(a) objectives of the Council;
(b) Plan outlay and its outcome;
(c) Targets to be achieved;
(d) Cost overrun;
(e) Savings in some segments and excess in others;
(f) Additional on-site eventualities.
(2)The Budget of the Council for the ensuing financial year shall be prepared before November 30th of each year and be submitted in duplicate to the Government for approval during the first week of December of each year.
3) The accounts of the Council shall be maintained in accordance with the Karnataka Financial Code and in accordance with the instructions of the Government issued from time to time. The accounting process shall comprise 9 of various vouchers, records, registers, books of accounts maintained manually as well as electronically.
(4) The Council shall prepare the following financial statements:
i. The Balance Sheet in Form -“C” ii. The Income & Expenditure account in Form -“D” iii. Thev Annual Statement of Accounts (Receipts & Payments accounts) in Form -“E”
(5) The income & expenditure account and Cash Flow Statement shall be prepared on a monthly basis whereas the balance sheet on a yearly basis.
General instructions for preparing financial statements are provided in Form- F.
(6) Accounts of the Council shall be audited by the Principal Director, Karnataka State Audit and Accounts Department once in a year, in the month of April.
(7) The auditor or auditors shall, for the purpose of their office, have access to all the accounts and other records of the Council.
(8) The Annual Financial Accounts and Audit Report of the Council shall be submitted to the Accountant General in Karnataka.
(9) The Council may appoint a Chartered Accountant as an Auditor for internal audit, with the prior approval of the Government and charges for the audit shall be paid as may be determined by the Regulations.
(10) The Audit Report of the Council shall be submitted to the Government as required under section 19 of the Act, with the prior approval of the Committee, before the end of September each year
(11) The Government may if it is of the opinion that a Special or General Audit of the Council is necessary, order for conducting the special or general audit of the Council.