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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 14) NEW DELHI, THURSDAY, MARCH 23, 1978 CHAITRA 2, 1900

Separate paging is given to this Part in order that it may be filed

as a separate compilation

RAJYA SABHA

The following Bill was introduced in the Rajya Sabha on the 23rd

March 1978: —

BILL NO. II OF 1978

A Bill further to amend the Visva-Bharati Act, 1951.

BE it enacted by Parliament in the Twenty-ninth Year of the

Republic of India as follows: —

1. (1) This Act may be called the Vlsva-Bharati (Amendment) Act,

1978.

(2) It shall come into force on such date as the Central Government

Short

title and

com-

mence-

ment.

may, by notification in the Official Gazette, appoint.

19 of 1931. 2. In the Visva-Bharati Act, 1951 (hereinafter referred to as the principal Act), for section 3, the following.section shall be substituted. namely:—

Substitu-

tion of

new sec-

tion for

section 3.

'3. In this Act, and in all Statutes made hereunder, unless the Defini- tions.

context otherwise requires,—

(a) "academic staff" means such categories of staff as are

designated as academic staff by the Statutes;

(b) "Acharya (Chancellor)" and "Upacharya (Vice-Chan- cellor) " mean, respectively, the Acharya (Chancellor) and the Upacharya (Vice-Chancellor) of the University;

(c) "Alumni Association" means the Association of the Alumni of the University, constituted under the provisions of this Act and the Statutes;

263

F lA-6/1//RS/78-79

264 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(d) "approved institution" means an institution (not being an institution maintained by the University) of higher learning or studies approved by the University;

(e) "approved teacher" means any teacher who is approved by the University;

(f) "Bhavana (College)" means an academic institution maintained by the University and named as such;

(g) "Bhavana (College) Board" means a Board constituted by the University for the management of a Bhavana (College);

(h) "campus" means a unit established or constituted by the University for imparting instruction or supervising research, or both;

(i) "Chatravasa (Hostel)" means a unit of residence, or of corporate life, for the students of the University, provided, maintained or recognised by the University;

(j) "Department" means a Department of Studies and in- cludes a centre of studies established by, or under, the Statutes;

(7c) "employee of the University" means any person appoint- ed by the University or any Institution, and includes an employee of a Bhavana (College) or Patha-Bhavana (School);

(l) "Institution" means an institution maintained by the University;

(m) "Karrna-Samiti (Executive Council)" means the Karma- Samiti (Executive Council) of the University;

(n) "Patha-Bhavana (School)" means a Patha-Bhavana (School) established by the University;

(o) "Patha-Bhavana (School) Board" means the Board constituted by the University for the management of a Patha- Bhavana (School);

(p) "Patha-Samiti (Board of Studies)" means a Board constituted by the University for the regulation of studies;

(q) "prescribed" means prescribed by Statutes, Ordinance!

or Regulations;

(r) "Samsad (Court)" means the Samsad (Court) of the University;

(s) "Siksha-Samiti (Academic Council)" means the Siksha- Samiti (Academic Council) of the University;

(t) "Statutes", "Ordinances" and "Regulations'¹ mean, respectively, such Statutes, Ordinances and Regulation* of the University as are for the time being in force;

(u) "student of the University" includes a student of a Bhavana (College), Patha-Bhavana (School) or any other Institution;

(") "teacher" includes a Professor, Reader, Lecturer and any other person engaged in imparting instruction in relation to any learning process;

(w) "teacher of the University" means a teacher appointed

or recognised by the University;

(x) "University" means the institution known as Visva-

Bharati and incorporated as a University under this Act.'.

3. After section 5 of the principal Act, the following section shall be

inserted, namely: —

Insertion of new section 5A.

The objects of the Uni- versity.

"5A. The 'objects of the University shall be to disseminate and advance knowledge, wisdom and understanding by providing instructional and research facilities and by the example and in- fluence of its corporate life, and in particular, the objects set out in the First Schedule.".

4. For section 6 of the principal Act, the following section shall be

substituted, namely: —

Substitu- tion of new sec- tion for section 6.

"6. The University shall have the following powers, namely:--

Powers of the Uni- versity.

(1) to provide facilities for studies, instruction, work experi- ence and research in such branches of learning as may be deemed desirable and found practicable by the University and for the pro- motion of understanding 'of cultures between the East and the West and for the advancement of learning and dissemination of know- ledge generally;

(2) to undertake educational experiments and evolve contents, systems and methods of education for the furtherance of the objects of the University;

(3) to make provision for research and advisory services; and for that purpose, to enter into such arrangements with other insti- tutions or bodies as the University may deem necessary;

(4) to co-operate, collaborate or associate with any other Uni- versity, authority or institution of learning in such manner and for such purposes as the University may determine;

(5) to approve any institution of higher learning or stUdies for such purposes as the University may determine, and to withdraw such approval;

(6) to establish atvd miiinUi n .Patlw-Bhananu-; (Schools), Bhavanas (Colleges), Departments of Studies, Chatravasas (Hos- tels) and other Institutions;

(7) to establish, at any place in India, campuses, special centres, specialised laboratories of other units for research and instruction as are, in the opinion of the University, necessary for the further- ance of its objects;

F 1K-6/1/RS/.78-7 9

(8) to organise and to undertake extra-curricular studies and extension services;

(9) to undertake the promotion of adult education, rural re- construction, co-operative organisations, social welfare, development of cottage industries and all other nation-building activities and works for the benefit of the public;

(10) to establish such examination centres and to recognise such certificates as may be necessary to give effect to the provisions of section 7A;

(11) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions (on the basis of examinations, evaluation or other method of testing) on, persons;

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

(13) to determine the standards for admission to the University, which may include examination, evaluation or any other method of testing;

(14) to supervise the residences of students of the University and to make arrangements for promoting their health and general welfare;

(15) to make such special arrangements in respect of women students as the University may consider desirable;

(26) to regulate the conduct of students of the tJnivftrslty, and to take such disciplinary measures in this regard as may be deemed necessary;

(37) to institute Professorships, Readerships, Lectureships and other teaching or academic post required by the University and to appoint persons to such Professorships, Readerships, Lectureships or other posts;

(18) to appoint Visiting Professors, Emeritus Professors, Fellows, Scholars, Resident Artists, Resident Writers or such other persons who may contribute to the achievement of the objects of the University;

(19) to appoint or recognise persons as Professors, Readers or Lecturers or otherwise as teachers of the University;

(20) to approve persons working in—

(a) any institution co-operating, collaborating or associating with the University; or

(b) any approved institution,

for imparting instruction or supervising research, or both, and ta withdraw such approval;

(21) to create teaching posts in patha-Bluivana* (Schools) and to appoint teachers to such posts;

(22) to appoint persons working in any other University, insti- tution or organisation as teachers of the University for a specified Period;

(23) to create administrative, ministerial and other posts in the

(Visitor) may determine, from the date of receipt of the notice, such representations to the Paridarsaka (Visitor) as it may consider neces- sary.

(4) After considering the representations, if any, made by the University, the Paridarsaka (Visitor) may cause to be made such inspection or inquiry as is referred to in sub-section (2).

(5) Where any inspection or inquiry has been caused to be made by the Paridarsaka (Visitor), the University shall be entitled to appoint a representative who shall have the right to be present and to be heard at such inspection or inquiry.

(6) The Paridarsaka (Visitor) may address the Vpacharya (Vice-Chancellor) with reference to the results of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon as the Paridarsaka (Visitor) may be pleased to offer, and on receipt of the address made by the Paridar- saka (Visitor), the Upachariya (Vice-Chancellor) shall communi- cate forthwith to the Karma-Samiti (Executive Council) thia results of the inspection or inquiry and the views of the Paridarsaka (Visitor) and the advice tendered by him upon the action to be taken thereon.

(7) The Kaima-Samiti (Executive Council) shall communi- cate through the Upacharya (Vice-Chancellor) to the Paridarsaka (Visitor) such action, if any, as it proposes to take or has been taken by it upon the results af such inspection or inquiry.

(8) Where the Karma-Samiti (Executive Council) does not, within a reasonable time, take action to the satisfaction of the Paridarsaka (Visitor), the Paridarsaka (Visitor) may, after consi- dering any explanation furnished or representation made by the Karrma-Samiti (Executive Council), issue such directions as he may think fit and the Karma-Samiti (Executive Ccuncil) shall be bound to comply with such directions.

(9) Without prejudice to the foregoing provisions of this section, the Pandarsaka (Visitor) may, by order in writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes or the Ordinances:

Provided tint before making any such order he shall call upon the University to show cause why such an order should not be made and, if any cause is shown within a reasonable time, he shall consider the same.

(10) The Paridarsaka (Visitor) shall have such other powers

as may be specified in the Statutes.".

(I. For section 12 of the principal Act, the following section shall be

substituted, namely: —

Substltu- tfon of new sec- tion for Roetlon 12.

"12. The following shall be the officers of the University,

namely: —

Officers of the Univer- sity.

(1) the Acharya (Chancellor); (2) the Upacharya (Vice-Chancellor);

(3) the Karma-Sachiva (Registrar);

(4) the Vitta-Adhikari (Finance Officer);

(5) Adhyakshas of Bhavanas (Principals of Colleges); and (6) such other officers as may be declared by the Statutes to be officers of the University.".

7. In section 13 of the principal Act, for sub-sections (1) and (2), the following sub-sections shall be substituted, namely: —

Amend- ment of section 13.

" (1) The Acharya (Chancellor) shall, by virtue of his office, be the Head of the University.

(2) The Acharya (Chancellor) shall be appointed by the Paridarsaka (Visitor) from out of a panel of persons prepared and recommended by the Karma-Samiti (Executive Council) under sub-section {2A),

(2A) The Kwrma-Samiti (Executive Council) shall prepare and recommend a panel of not less than three persons each of whom shall be a person of eminence in the academic or public life of the country, and is in the opinion of the Karma-Samiti (Executive Council) a fit and proper person to be appointed as the Acharya (Chancellor) of the University:

Provided that if the Paridarsatha (Visitor) does not approve of any of the persons specified in the panel prepared and recommended by the Karma-Samiti (Executive Council), he may call upon the Karma-Samiti (Executive Council) to pnepare a fresh panel of persons.

(2B) The Acharya (Chancellor) shall hold office for a term of three years and shall be eligible for re-appointment:

Provided that the Acharya (Chancellor) shall, notwithstanding the expiry of the term of his office, continue to hold such office until his successor is appointed and has entered upon his office.".

8. FV>r sectioia 14 of the principal Act, the following section shall be substituted, namely: —

Substitu- tion of new sec- tion for section 14.

The Upa- "14. (1) The Upacharya (Vice-Chancellor) shall be appointed by the Paridarsaka (Visitor) in such manner, for such term and on such emoluments and other conditions of service as may be pres- cribed by the Statutes.

charya (Vice- Chancel- lor).

(2) The Upacharya (Vice-Chancellor) shall be the principal •xecutive and academic officer of the University, and shall exercise general supervision and control over the academic affairs of the University and all Bhavanas (Colleges), Patha-Bhavanaa (Schools) and other Institutions and give effect to the decisions of all the authorities of the University.

(3) The Vpafiharya (Vice-Chancellor) may, if he is of opinion that Immediate action is necessary on any matter, exercise any power conferred on any authority of the University hy or under this Act and shall report to such authority the action taken by him on such matter:

Provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the Pandanaka (Visitor) whose decision thereon shall be final:

Provided further that an employee of the University, who is aggrieved by the action taken by the Upacharya (Vice-Chancellor) under this sub-section, shall have the right to appeal against such action to the Karma-Saimti (Executive Council) within ninety days from the date on which such action is communicated to him and thereupon the Karma-Saraiti (Executive Council) may confirm, modify or reverse the action token by the Upacharya (Vice- Chancellor).

(4) The Upacharya (Vice-Chancellor) shall exercise such other powers and perform such other functions as may be prescribed by the Statutes and the Ordinances"

9 Section 15 of the principal Act shall be omitted".

Omission at sec- tion 15.

10. F(.r sections 16 and 17 of \h: principal Act, the following sections shall be substituted, nnmely:--

Substitu- tion of new sec- tions for sections 16 and 17.

"16. (1) The Karma Sac luva (Registrar) shall be appointed in such manner, and on such emoluments and other conditions of service, as may be prescribed by the Statutes and the Ordinances.

The Kaima. Sachiva (Regis- trar) ,

(2) The Karma+SaChiva (Registrar) shall have the power to enter into agreements, sign* Documents and authenticate records on behalf of the University and shall exercise such other powers and perform such other functions as may be prescribed by the Statutes.

Other officers

17. (1) All officers of the University, other than the Acharya (Chancellor), the Uparharya (Vice-Chancellor) and the Karmn- Sachiva (Registrar), shall be appointed in such manner, for such term and on such emoluments and other conditions of service as may be prescribed by the Statutes.

(2) The powers and functions of the officers appointed; under sub-section (1) shall be such as may be prescribed by the Statutes,".

11. In section 18 of the principal Act,—

Amend- ment of section 18.

(i) in clause (3), the word "and" occurring at the end shall

be omitted;

(") clause (4) shall be re-numbered as clause (0), and before clause (6) as so re-numbered, the following clauses shall b~e inserted, namely:—

"(4) the Artha-Sarmti (Finance Committee);

(5) the~Bhava.na (College) Boards; and".

13. For sections 19, 20 and 21 of the principal Act, the following section

shall be substituted, namely: —

Substitu- tion of new sec tion for sections 10, 20 and 21.

The Sarnsad (Court).

"19. (1) The constitution of the Samsad (Court) and the term of office of its members shall be such as may be prescribed by the Statutes.

(2) Subject to the other provisions of this Act, the Samsad

(Court) shall have the following powers and functions, namely: —

(a) to review, from time to time, the broad policies and pro- grammes of the University and to suggest measures fox the improvement and development of the University;

(b) to consider and pass resolutions on the annual report and annual accounts of the University and the report of its auditors on such accounts;

(c) to advise the Paridarsaka (Visitor) in respect of any

matter which may be referred to it for advice; and

(d) to exercise such other powers and perform such other

functions as may be prescribed by the Statutes.".

13. For sections 22 and 23 of the principal Act, the following section

shall be substituted, namely: —

Substitu- tion of new sec- tion for sections %2 and 23.

"22. (1) The Karma-Samiti (Executive Council) shall be the The principal executive body of the University.

Karma. Samiti (Execu- tive Coun- cil).

(2) The constitution of the Karma-Samjiti (Executive Council) and the term of office of its members shall be such as may be pres- cribed by the Statutes.

(3) The Karma-Samiti (Executive Council) shall exercise the

following powers and perform the following functions, namely: —

(a) to manage and administer the revenue and property of the University and to conduct all administrative affairs of the Universitv not otherwise provided for in this Act or the Statutes;

(b) to create teaching and academic posts and to define the duties and'conditions of service of Professors, Readers, Lecturers and other academic staff employed by the University.

Provided that before determining the number, qualifications

and emoluments of teachers and other academic staff, the Karma. Samiti (Executive Council) shall consider the recommendations of the Siksha-Somiti (Academic Council);

(c) to appoint such Professors. "Readers, Lecturers and other academic staff as may be necessary on the recommendation of the Selection Committees constituted for the purpose and to fill up temporary vacancies therein;

F 2A-6/6/RS/78-7 9

(d) to provide for the appointment of Visiting Professor*, Emeritus Professors, Fellows, Scholars, Resident Arttats and Bf sident "Writers and to determine the terms and conditions of such appointment;

(e) to manage and regulate the finances, accounts, invest- ments, property, business and all other administrative affairs of the University, and for that purpose, to appc int such agents as it may think fit;

(/) to invest any money belonging to the University, including any unapplied Income, in such stocks, funds, shares or securities as it thinks fit, or in the purchase of immovable property in India;

(flf) to exercise such other powers and perform such other functions as may be conferred or specified by this Act or the Statutes.".

14. In sub-aection (1) of section 24 of the principal Act,—

(1) for the words "the academic body", the words "the principal Amend- ment of section 24.

academic body'¹ shall be substituted;

(ii) for the words "instruction, education and examination'', the words "learning, education, instruction, evaluation and examination" shall be substituted.

15. For section 25 of the principal Act, the following section shall be substituted, namely:—

Substitu-

tion of

new sec-

tion for

section 20.

"25. The constitution, powers and functions of the Artha-Samiti (Finance Committee), the Bhavana (College) Boards and of such other authorities as may be declared by the Statutes to be authorities of the University shall be such as may be prescribed by the Statutes.".

Other

authori-

ties of

the Uni-

versity.

lft. For section 27 of the principal Act, the following section shall be substituted, namely: —

Substitu-

tion of

new sec-

tion for

section 27.

"27. Subject to the provisions of this Act, the Statutes may pro- Statute*

vide for all or any of the following matters, namely:—

(a) the manner of appointment of the Vpacharya (Vlce- Chancellor), the term of his appointment, emoluments and other conditions of his service;

(b) the powers that may be exercised and the functions that may be performed by the Upacharya (Vice-Chancellor);

(c) the manner of appointment of the Karma-Sachiva (Registrar), the emoluments and other conditions of his service and the powers that may be exercised and the functions tEat may be performed by him;

(d) the manner of appointment of all other officers, the termi of. their appointment, emoluments and other conditions of their service and the powers and functions of such officers;

(•) the constitution oil the Samsad (Court), the term at

office of Its members and its powers and functions;

(j) the constitution of the KarmaSamiU (Executive Coun-

cil), the term of omce ui its members and its powers and func-

tions;

(0) the constitution of other authorities or bodies of the

University, the term of office of their members and their powers

and functions;

(ft) the election and continuance in office of the members of

the said authorities and bodies, the filling up of vacancies of

members and all other matters relating to those authorities and

other bodies for which it may be necessary or desirable to

provide;

(t) the appointment of teachers, other academic staff and

other employees of the University and their emoluments and

other condition's of service:

Provided that where any person who had held any post and

Is in receipt of a pension or other form of retirement benefits is

appointed as a teacher of the University or to any other academic

post, the salary of such person together with the pension anri other

benefits shall not exceed the salary payable to him in accordance

with the Statutes;

(j) the appointment of teachers and other academic staff

working in any other University, institution or organisation for

a specified period for undertaking a joint project;

(fc) the appointment of Visiting Professors, Emeritus Pro-

fessors, Fellows, Scholars, Resident Artists and Resident Writers,

and the terms and conditions of such appointment;

(0 the constitution of a pension or provident fund or the

establishment of an insurance scheme for the benefit of the

employees of the University;

(TO) the principles governing seniority of service of the

employees of the University;

(n) the procedure ill relation to any appeal or application for

review by any employee or student of the University, against the

action of any officer or authority of the University, including the

time within which such appeal or application for review may be

preferred or made;

(o) the'procedure for the settlement of disputes between

employees of the University, or students of the University, and

the University;

(p) the conferment of honorary degrees;

(q) the institution of fellowships, scholarships, studentships,

medals and prizes;

(r) the maintenance of discipline among the employees

and students of the University;

F 2r,-6/i/*E/7 974 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(t) the regulation of the conduct and duties of the employees of the University and the conduct of the students of the Univer- sity;

(u) the establishment of campuses, special centres, specialised laboratories or other units for research and instruction;

(i;) the administration and regulation of the funds received in trust or otherwise by the University;

(w) the delegation of powers vested in the officers or autho- rities of the University;

(x) the constitution and activities of the Alumni Association;

(y) the categories of misconduct for which any action may be taken under this Act, or the Statutes or the Ordinances; and

(z) all other matters which, by this Act, are to be, or may be, provided for by the Statutes."

17. In section 2b of the principal Act, for sub-section (t), the following sub-section shall be substituted, namely: —

Amend- ment of section 28,

" (2) On the commencement of the Visva-Bharati (Amendment) Act, 1978, the Statutes in force immediately before such commence- ment shall be the Statutes of the University:

Provided that where any such Statute is amended by the Act aforesaid, the concerned Statute as amended by that Act shall be a Statute of the University.".

18. For sections 29 and 30 of the principal Act, the following sections shall be substituted, namely;—

Substitu- tion of new sec- tions for sections 29 and 30.

"2&. Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely: —

Matters to be pro- vided for in the Ordinan- ces,

(a) the admission of students to the University and their enrolment as such;

(b) the pattern of learning process, courses of study to be laid down for all degrees, diplomas and certificates of the University;

(c) the degrees, diplomas, certificates and other academic distinctions to be awarded by the University, the qualifications for the same and the means to be adopted relating to the granting and obtaining of the same;

(d) tne purposes ior which certificates awarded by the Lok Sikstia-Samsad (People's Education Council) of tne University may be recognised by the University;

(e) the fees to be cnarged for courses of study in the Univer- sity and tor admission to the examinations, and processes of evaluation, degrees, diplomas and certificates ot the University;

(J) the conditions ot the awara ot fellowships, scholarships, studentships, medals and prizes;

(0) the conduct ot lests, evaluations and examinations, inducting the terms of otHce ana manner of appointment and duties ot examining bodies, exanuners, moderators and persons entrusted with the responsibility oi evaluation;

(h.) the conditions of residence of the students of the Univer- sity and the special arrangements, it any, foi the residence ot women students;

(1) the special arrangements, if any, which may be made lor the discipline and teaching of women students, and prescribing for them special courses of study;

(j) the terms and conditions of service of the employees of the University other than those prescribed by the Statutes (including the emoluments of the non-teaching staff):

Provided that where any person who had held any post and is in receipt of a pension or other form of retirement benefits is appointed to a non-teaching post of the University, the salary of such person together with the pension and other benefits shall not exceed the salary payable to him in accordance with the Ordinances;

(ft) the terms and conditions of approval of institutions of higher learning and its withdrawal;

(I) the manner of co-operation or collaboration or association with other Universities, authorities or institutions of learning;

(m) the terms and conditions on which persona working in an approved institution, or in any institution co-operating, colla- borating or associating with the University, may be approved as teachers and for withdrawing such approval;

(n) the educational experimentation and the creation, com- position and functioning of any other body which is considered necessary for improving the academic life of the University; and

(o) all other matters which, by this Act or the Statutes, are to be, or may be, provided for by the Ordinances.

Power to make Ordinan- ces.

30. (1) The Ordinances in force immediately before the com- mencement of the Visva-Bharati (Amendment) Act, 1978, may be amended, repealed or added to, at anv time by the Karma-Samiti (Executive Council):

Provided that no Ordinance shall be made in respect of matters enumerated in section 29, other than those enumerated in clauses (e)f (h), (j), (m) and (0) thereof, unless a draft of such Ordinance has been proposed by the Siksha-Samiti (Academic Council).

(2) The KarmOrSwmiti (Executive Council) shall not have power to amend any draft proposed by the Siksha-Samiti (Academic Council) under the provisions of sub-section (2), but may reject the proposal or return the draft to the Siksha-Samiti (Academic Council) for reconsideration, either in whole or in part, together with any amend- ments which the Karma-Samiti (Executive Council) may suggest.

(3) Where the Karma-Samiti (Executive Council) has rejected or returned the draft of an Ordinance proposed by the Siksha-Samiti (Academic Council), the Siksha-Samiti (Academic Council) may consider the question afresh and in case the original draft is re-affirmed by a majority of not less than one-half of- the total membership of the Siksha-Samiti (Academic Council) and by a majority of not less than two-thirds of the members of the Siksha-Samiti (Academic Council) present and voting, the draft may be sent back to the Karma-Samiti (Executive Council), which shall either adopt it or refer it to the Paridarsaka (Visitor) whose decision thereon shall be final.

(4) Every Ordinance made by the Karma-Samiti (Executive

Council) shall come into effect immediately.

(5) Every Ordinance made by the Karma-Samiti (Executive Council) shall be submitted to the Paridarsaka (Visitor) within four weeks of the date of the meeting of the Karma-Samiti (Executive Council), and the Paridarsaka (Visitor) shall have the power to direct the University, within six weeks from the date of the receipt of the Ordinance, to suspend the operation of any Ordinance and he shall, as soon as possible, inform the Karma-Samiti (Executive Council) about his objection to the proposed Ordinance.

(6) The Paridarsaka (Visitor) may, after receiving the comment!

of the University, either withdraw the order directing the suspension of the Ordinance or disallow the Ordinance and his decision thereon shall be final."

19. In section 32 of the principal Act, the words and brackets "Bhavana

(College) or" shall be omitted.

imend- nent of ection 32.

tO. In section 34 of the principal Act, for the word "examinations", the

words "tests, evaluations and examinations" shall be substituted.

\mend- nent of ection 34.

21. For sections 35 and 36 of the principal Act, the following sections

shall be substituted, namely: —

substitu- ion of jew sec- ions for cctions 0 and 86.

Annual soort.

"35. (1) The annual report of the University shall be prepared under the direction of the Karma-Samiti (Executive Council) and shall be submitted to the Samsad (Court) as soon as may be after the close of the academic year and In any case not later than six months after the close of the academic year and the Samsad (Court) shall consider the report, at its annual meeting.

(2) The Samsad (Court) shall submit the annual report to the

Paridarsaka (Visitor) along with its comment*, if any, thereon.

Annual

accounts.

36. (i) The annual accounts and balance-sheet of the University •hall be prepared under the direction of the Karma-Samiti (Executive Council) and shall once at least every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor- General of India or by such person or persons as he may authorise ift this behalf.

(2) A copy of the accounts together with the audit report shall be submitted to the Samsad (Court) and the ParidaTsaka (Visitor) along with the observations of the Karma-Samiti (Executive Council).

(3) Any observations made by the Pandarsaka (Visitor) on the annual accounts shall be brought to the notice of the Samsad (Court) and the observations of the Samsad (Court), if any, shall, after being considered by the Karma-Samiti (Executive Council), be submitted to the Paridarsaka (Visitor).

(4) A copy of the accounts together with the audit report, as submitted to the Paridarsaka (Visitor), shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both the Houses of Parliament.

(5) The audited annual accounts, after having been laid before both the Houses of Parliament, shall be published in the Gazette of Inrtja.".

22. For sections 37 and 38 of the principal Act, the following sections

shall be substituted, namely: —

Substitu-

tion of

new

flecti*m

for MC-

tiona 37

and 88.

'37. (1) No teacher of the University shall be appointed to a permanent post, except under a written contract and such contract shall not be inconsistent with the provisions of this Act, the Statutes and the Ordinances.

Teacherg

of the

Unlvortity

to be ap-

pointed

under a

written

contract.

(2) The contract referred to in subjection (1) shall be lodged with the University and a copy thereof shall be furnished to the teacher concerned.

(3) In the case of a teacher appointed by the University before the commencement of the Vlsva-Bharati (Amendment) Act 1978 the contract in force immediately before such commencement, in relation to his emoluments, shall, to the extent of any inconsistency with the provisions of this Act or the Statutes or the Ordinances, be deemed to have been modified by the said provisions and where there is no such contract and the teacher is a salaried teacher appointed to a perma- nent post, a written contract shall be executed by, and between such teacher and the University within a period of six months from the commencement of the Visva-Bherati (Amendment) Act 1978

38. (2) Any dispute arising out of a contract of employment

Tribunal of Arbi- tration.

referred to in section 37, including a dispute relating to the non- compliance of the provisions of this Act, the Statutes or the Ordi- nances, shall, at the request of the teacher, be referred to a Tribunal of'Arbitration which shall consist of one member nominated by the Karma-Samiti (Executive Council), one member nominated by the teacher concerned and one member (who shall act as Umpire) nominated by the Paridarsaka (Visitor).

10 of 1940.

(2) Every request made under sub-section (1) shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration Act, 1940, and all the provisions of that Act, with the exception of section 2 thereof, shall apply accord- ingly.

(3) If, for any reason, a vacancy occurs in the office of a member of the Tribunal of Arbitration, the appropriate body or person con- cerned shall nominate another person in accordance with the provi- sions of sub-section (1) to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled.

(4) The decision of the Tribunal of Arbitration shall be final and

binding on the parties.

(5) The Tribunal of Arbitration shall have the power—

(a) to regulate its own procedure;

(b) to order reinstatement of the teacher concerned; and

(c) to award salary to the teacher concerned, after deduct- ing therefrom such income, not being income from property, as such teacher might have derived during the period of his sus- pension or during the period intervening between the date on which he was removed or dismissed from service or, as the case may be, his service was terminated, and the date on which he is reinstated:

Provided that the. income which could h aw br*en derived by the teacher concerned shall not be taken into account if. at the time when the income was derived he could have derived =uch income had he not been suspended or removed or dismissed from service or if his service had not been terminated.

(6) No suit or other proceedings shall UP in any court in r^snect of any matter which is required by sub-section (I) to be referred to the Tribunal of Arbitration.

38A. (1) The Upacharya (Vice-Chancellor) may, by order in writing, place a teacher or other member of the academic staff under suspension—

(a) where a disHnlinarv proceeding against such teacher or

other member is contemplated or iKq pending; or

Power to suspend teacher or other member of acade- mic ftaff.

(b) where a case against him in respect of any criminal

offence is under investigation or trial.

(2) Where any order of suspension is made under sub-section (1), the circumstances in which such order has been made shall be rerjorted forthwith to the Karma-Samiti (Executive Council).

<3) The Karma-Samitl (.Executive Council) may, within fifteen days from the date of receipt of the report referred to in sub-section (p), revoke the order of suspension if It is of opinion that the cir- cumstances of the case do not warrant the suspension.

(4) Any person aggrieved by an order of suspension, which has

not been revoked under sub-section (3), may prefer an appeal to the Karma-Samiti (Executive Council) within thirty days from the date on which such order is communicated to him and the Karma-Samttl (Executive Council) may confirm, modify or reverse the order appealed against.

MB. (1) No teachei. or other member of the academic staff, ap->

pointed by the University shall be dismissed or removed from service or punished in any other manner by any authority other than the Karma-Samiti (Executive Council y.

(2) No teacher, or other membei of the academic staff, appointed by the University shall be dismissed or removed from service or punished in any other manner except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges:

Authorities

by whom

order for

removal or

dismissal

of

teachers,

etc., may

b" made

and the

procedure

therefor.

Provided that where it is proposed after such inquiry, to impose upon the teacher or other member of the academic staff any punish- ment, such punishment may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such teacher or other member of the academic staff any opportunity of making representation on the punishment proposed.

(3) The Karma-Sarruti (Executive Council) shall be entitled to dismiss or remove from service, without holding any such Inquiry as Is referred to in sub-section. (2), a teacher, or other member of tiM academic staff, of the University, where the KarmchSamM (Execu- tive Council), for reasons to be recorded in writing, is nttdUrt that such teacher or other member of the academic staff—

(a) is of unsound mind or is a deaf-mute or suffers from con-

tagious leprosy;

(b) is an undischarged insolvent;

(c) has been convicted, by a court of law, of an offence in-

volving moral turpitude.

(4) The dismissal or removal from service of, or any other punishment imposed on, a teacher, or other member of the academic staff, appointed by the University shall take effect from the date on which the order of dismissal or remo\ al from service in mad* or other punishment is imposed:

Provided that, where the teacher 01 other member of the acade- mic staff is under suspension at the time when the order for his dis* missal or removal from service is made or other punishment Is im- posed, such order may, if the fKarma^Samiti (Executive Council) so directs, take effect from the elate on which he was placed under •vuOMWion.

F 3A-6/1/RS/78-7 9

(5) Notwithstanding the terms of contract between the Uni- versity and a teacher, or other member of the academic staff, appoint- ed by the University, such teacher or other member of the academic staff may resign his office—

(a) where he is permanent, by giving three months' notice in writing to the Karma-Saviiti (Executive Council) or by pay- ing to the University three months' salary in lieu of such notice; or

(t>) where he is not permanent, one month's notice in writing to the Karma-Samiti (Executive Council) or by paying to the University one month's salary in lieu of such notice: Provided that if the Karma-Savnti (Executive Council) so per- mits, the period of three months' notice or of one month's notice, as the case may be, may be reduced or waived:

Provided further that such resignation shall take effect from the date on which it is accepted by the Kornta-Somiti (Executive Council).

Explanation.--"Suspension'" shall not be deemed to be a puniah- ment within the meaning of this section.'

23. After section 44 of the principal Act, the following sections shall be inserted, namely: —

Insertion

of new

sectiona

44A and

44B.

"44A. No suit or other legal proceeding shall lie against any officer or employee of the University for anything which is in good faith done, or intended to be done, in pursuance of the provisions of this Act, the Statutes or the Ordinances.

Protection

of action

taken In

good

faith.

Mode of

proof of

Univer-

"lty record

lot 1972

44B. A copy of any receipt, application, notice, order, proceed- ing or r*solution of any authority or committee of the University, or other documents in the possession of the University, or any entry in any register duly maintained by the University, if certified by the KarmaSachiva (Registrar), shall, notwithstanding anything contain- ed in the Indian Evidence Act, 1872, or in any other law for the time being in force, be admitted as evidence of the matters and transac- tions specified therein where the original thereof would, if produced, have been admissible in evidence."

24. In the First Schedule to the principal Act.—

(i) for the brackets, words, figure and letter "[See section

6(k)l", the brackets, words, figure and letter "[See section 5A]" shall be substituted;

Amend- ment of the finrt 9eh"dute.

(tt) for the brackets and words "[The objects for which the late Rabindranath Tagore founded the Visva-Bharati at Santinikelan]" the following shall be substituted, namely: —

"The Objects of the Visva-Bharati

The University shall, in organising its activities, have due regard to the following objects for which the Visva-Bharati at Santiniketan was founded by the late Rabindranath Tagorw (Thalnir) as expressed in his own words, namely: —

(iii) in Item (r), the following words shall ots added at Lha "nd,

namely:—

"and in the name of th" One Supreme Being who is Shantam,

Shitxtm,, Advaitain".

25 In the Second Schedule to the principal Act,—

(i) for the figures and words "11.5 square miles", the figures and

Amtnd- ment of Second Schedule, word "3000 hectares" shall be substituted;

(|ii) for the words "East Indian Railway", in the two places where they occur, the words "Eastern Railway" shall be substituted.

te. Notwithstanding anything contained In the principal Act, the

Statutes of the University shall stand amended as follows: —

Amend-

ment of

Statute*.

(i) for Statute 1, the following Statute shall be substituted,

namely: ~

'1. Definitions

In these Statutes, unless the context otherwise require*,—

"9 of 1931.

(a) "Act" means the Visva-Bharati Act, 1951; (b) "section" means a section of the Act;

(c) words and expressions u"ed but not defined herein snail have the meanings respectively assigned to them under the Act.';

(2) Statute 2 shall be omitted;

(3) for Statute 3, the following Statute shall be substituted,

namely: —

"3 The Upacharya (Vice-Chancellor)

(1) The Vpacharya (Vice-Chancellor) shall be a whole-time

salaried officer of the University

(2) The Upacharya (Vice-Chancellor) shall be appointed by the Paridarsaka (Visitor) from out of a panel of not less than three persons recommended (the names being arranged in the alphabetical order) by a committee constituted under clause (3).

(3) The committee referred to in clause (2) shall consist of three members, of whom two shall be nominated by the Korma- Samiti (Executive Council) and one by the ParidBrsaka (Visitor), and the person nominated by the Paridarsaka (Visitor) shall be the Chairman of the committee:

Provided that no person who is an employee of the Univer- sity or a member of the Samsad (Court), Karma-Samitt (Execu- tive Council) or Siksha-Samiti (Academic Council) shall be nominated to be a member of the committee

(4) The Upacharya (Vice-Chancellor) shall hoia office for • term of five years from the date on which he enters upon hi* office, or until he attains the age of sixty-five years, whichever is earlier and he shall not be eligible for re-appointment'

F 3B-6/1/RS/78-7 9

Provided that the Parldarsaka (Visitor) may require any

Upachatrya (Vice-Chancellor), whose term hag expired, to conti-

nue In office for such period, not exceeding a total period of one

year, as may be specified by him.

(5) The emoluments and other conditions of service of th"

Vpacharya (Vice-Chancellor) shall be as follows, namely:—

(i) there shall be paid to the Upacharya (Vice-Chancel-

lor), a salary of three thousand rupees per mensem and he

snail be entitled, without payment of rent, to the use of *

furnished residence throughout his term of office and no

charge shall fall on the Upacharya (Vice-Chancellor) p*r-

sonally in respect of the maintenance of such residence:

Provided that if a person in receipt of any pension or

other form of retirement benefits is appointed as Vpacharija

(Vice-Chancellor), his salary shall be fixed after taidng Into

consideration such pension or other benefits;

(ii) the Upacharya (Vice-Chancellor) shall be entitled

to such terminal benefits and allowances as may be fixed by

the JCarma-Samiti (Executive Council) with the approval of

the Paridarsaka (Visitor) from time to time:

Provided that where an employee of the University or

any other University or any Institution maintained by it Is

appointed as Vpacharya (Vice-chancellor), he may be allow-

ed to continue to contribute to any provident fund of which

he is a. member, and the University sha.ll contribute to the

account of such person in that provident fund at the same

rate at which such person had been contributing immediate-

ly before his appointment as Upacharya (Vice-Chancellor);

(tti) th" Upacharya (Vice-Chanoellor) shall bo entitled

to travelling allowances at such rates as may be fixed by the

KarmaSamiti (Executive Council);

(t") the Vpacliarya (Vice-Chancellor) shall be entitled

to leave on full pay for one-eleventh of the period spent by

Mm on active service;

(v) the Upacharya (Vice-Chancellor) shall also be en-

titled on medical grounds or otherwise, to leave without pay

for a period not exceeding three months during one term of

Ms office

(6) tf the office of the Upacharya (Vice-Chancellor) becomes

vacant due to death, resignation or otherwise or If he Is unable

to perform his duties owing to absence, illness, or any other cause,

the senior-most Professor of the University shall perform the

duties of the Upacharya (Vice-Chancellor) until a new Upacharya

(Vice-Chanc"Hor) assumes office or until the existing Upacharii*

(Vice-Chancellor) attends to th" duttoi of nil office, *" the case may be.".

(4) in Statute 4,—

(a) in alauee (1), for the words and bracketu "and of the Siksha-Samiti (Academic Council)", the words and brackets ", the Siksha-Samiti (Academic Council) and the Artha-Samiti (Fin- ance Committee)" shall be substituted;

(b) in clause (3), for the words and brackets "Artha-Samiti (Standing Finance Committee)", the words and brackets "Artha-Samiti (Finance Committee)" shall be substituted;

(c) clauses (4). (51 and (6) shall be omitted;

(3) for Statutes 5 and 6, the following Statutes shall be substi- tuted, namely: —

"5. The Kamia-Sachiva (Registrar)

(1) The Karma-Sachiva, (Registrar) shall be appointed by the Karma-Samiti (Executive Council) on the recommendation of a Selection Committee con3tituted for the purpose and he shall be a whole-time salaried officer of the University.

(2) The emoluments and other conditions, of service of the Karma-Sachlva (Registrar) shall be such as may be prescribed by the Ordinances:

Provided that the Karma-Sdchiva (Registrar) shall retire on attaining the age .of sixty years.

(3) When the office of the Karma-Sachivn (Registrar) is vacant or when the Karvia-Sachiva (Registrar) is, by reason of illness, absence or any other cause unable to perform the. duties of his office, the duties of the office shall be perfoirmed by such person as the UpachOrya (Vice-ChanoeHor) may appoint for the purpose.

(4) (a* The Karma-Sachiva (Registrar) shall have power to take disciplinary action against such of the employees, excluding teafchers of the University and other member* of the academic staff, as may be specified by the Karma-Samiti (Executive Coun- cil), by order, and to suspend them pending inquiry, to adminis- ter warnings to them or to impose on them the penalty of censure or the withholding of increment:

Provided that no such penalty shall be imposed unless th* person concerned has been given a reasonable opportuntty of showing cause against the action proposed to be taken in regard to him.

(b) Art appeal shall lie to the TTpacharya (Vice-Chancellor) •gainst any order of the Karma-Sachiva (Registrar), imposing any of the penalties specified in sub-clause (a).

(c) In a case where any inquiry discloses that a punishment fceyond the powers of the Karma-Sachlva (Registrar) is called for the Karma-S 284 THE GAZETTE OF INDIA EXTRAORDINABY [PART II—

inauiry make a report to the Vpacharya (Vice-Chancellor) along

with his recommendations for such action as the Upacharyit

(Vice-Chancellor) deems fit:

Provided that an appeal shall lie to the Karma-Samiti (Exe-

cutive Council) against an order of the Vpacharya (Vice-Chan-

cellor) imposing any penalty.

(5) The Karma-Sachiva (Registrar) shall be ear ofllrio

Secretary of the Samsad (Court), Karma-Samfci (Executive

Council), the Siksha-Samiti (Academic Council) and tb"

Bhavana (College) Boards, but he shall not be deemed to be •

member of any of these authorities.

(6) The Knrma-Sachiva (Registrar) shall—

(a) be the custodian of the records, the common Mftl

and such other property of the University as the Kafma-

Samiti (Executive Council) may commit to his charge;

(b) issue all notices convening meetings of the Samsad

(Court), the KamutrSafMti (Executive Council), the

SUcslia-Samiti (Academic Council), the Bhavana (College)

Boards, the Patho-Samtties (Boards of Studies), the Boards

of Examiners and of the committees appointed by the autho-

rities of the University;

(c) keep the minutes of all the meetings of the Samsad

(Court), the Karma-Samiti (Executive Council), the

Siksha-Samiti (Academic Council), the Bhavana (College)

Boards, the Patha-Samities (Boards of Studies), the Boards

of Examiners and of the committees appointed by the autho-

rities of the University;

(d) conduct the official correspondence of the Samsad

(Court), the Karma-Samiti (Executive Council), the Slktha*

Samiti (Academic Council) and the Bhavana (College)

Boards;

(e) supply to the ParUtaraaka (Visitor) and the Achmrya

(Chancellor), copies of the agenda for the meetings of the

authorities of the University as soon as they are issued and

the minutes of such meetings;

(J) represent the University in suits or proceedings by

or against the University, sign powers of attorney and verify

pleadings or depute his representative for the purpose; and

(g) perform such other functions as may be specified in

these Statutes, the Ordinances or the~Regulations or as may

be required, from time to time, by the KarmOrStemiH

(Executive Council) or the Vpacharya (Vice-ChancdDot).

C. VKU.Adblkari (Finance Officer)

(1) There shall be a Vitta-Adhikari (Finance OAicer) Mr

the University who shall be appointed by the Karma-SambH

(Executive Council) on the recommendation of a Selection

Committee constituted for the purpose and he shall be a whole-

time salaried officer of tho University.

(2) The emoluments and other conditions of service of the

VitUL-Adhikari (Finance Officer) shall be such as may be pres-

cribed by the Ordinances;

Provided that a Vitta-Adhikari (Finance Officer) shall

retire on attaining the age of sixty years.

(3) When the office of the Vitta-Adhikari (Finance Offi-

cer) is vacant or when the VitUt-Adhikart (Finance Offi-

cer) is, by reason of illness, absence or any other cause, unable

to perform the duties of his office the duties of the office shall

be performed by such person as the Upacharya (Vice-jChan-

cellor) may appoint for the purpose.

(<) The Vitta-Adhikari (Finance Officer) shall be ex

efflcio Secretary of the Artha-Samiti (Finance Committet),

but he shall not be deemed to be a member of that Committee.

(5) The Vitta-Adhikari (Finance Officer) shall-

(a) exercise general supervision over the funds of the

University and shall advise it as regards its financial

policy; and

(b) perform such other financial functions as may be

assigned to him by the KarnuuSamiti (Executive Council)

or as may be prescribed by these Statutes or the Ordi-

nances:

Provided that the Vitta-Adhikari (Finance Officer) shall not

incur any expenditure or make any investment exceeding ten

thousand rupees without the previous approval of the Karma-

Somiti (Executive Council).

(6) Subject to the control of the Karma-Samiti (Executive

Council), the Vitta-Adhihari (Finance Officer) shall—

(a) hold and manage the property and investments of

the University, including trust and endowed property for

furthering any of the objects of the University; ^

(b) ensure that the limits fixed by the Artha-Samiti

(Finance Committee) for recurring and non-recurring

expenditure for a year are not exceeded and that all

moneys are expended on the purposes for which they are

granted or allotted;

(c) be responsible for the preparation of annual ac-

counts and the budget of the University and for their

presentation to the Karma-Samiti (Executive Council);

(d) keep a constant watch on the state of the cash and

bank balances and on the state of investments;

(e) watch the progress of the collection of revenue

and advise on the methods of collection employed;

Cf) ensure that the registers of buildings, land, furni-

ture and equipment are maintained up to date and that

stock-checking is conducted, of equipment and other con-

sumable materials, in all offices, special centres, specialised

laboratories, Bhavanas (Colleges), Patha-Bhavanas (Schools)

and other institution* maintained by the University

V0) bring to the notice of the Upacharya (Vice-Chan- cellor) any unauthorised expenditure or other financial irregularities and suggest appropriate action being taken against persons at fault;

(h.) call for from any office, special centre, specialised laboratory, Bhavanas (Colleges), Patha-Bhavanas (Schools) or other institutions maintained by the University, any in- formation or returns that he may consider necessary for the performance of his duties. (7) The receipt by the Vitta-Adhikari (Finance Officer) or by the person or persons duly authorised in this behalf by the Karma-Samiti (Executive Council) of any money payable to the University shall be sufficient discharge tor the same. 6A. Adhyakshas of Bhavanas (Principals of Colleges)

(1) Every Adhyaksha (Principal) of a Bhavana (College), other than the Rabindra Bhavana, shall be appointed by the Karma-Samiti (Executive Council) on the recommendation of the Upacharya (Vice-Chancellor) Irom among the Professors of the Bhavana (College), for a period of two years:

Provided that an Adhyaksha (Principal) on attaining the age of sixty years shall cease to hold office as such:

Provided further that if, at any time there is only one Pro- feBSOr or no Professor in a Bhavana (College), the Karma- Samiti (Executive Council) shall appoint, on the recommenda- tion of the Upacharya (Vice-Chancellor). the Professor or a Reader of the Bhavana (College) to act as the Adhyaksha (Principal) and if there is no Reader also, any other person authorised by the Upacharya (Vice-Chancellor) in this behalf, shall exercise the powers of the Adhyaksha (Principal) of the Bhavana (College).

(2) When the office of the Adhyaksha (Principal) is vacant oi when the Adhyaksha (Principal) is, by reason of illness, ab- sence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such per- son as the Upacharya, (Vice-Chancellor) may appoint for the purpose.

(3) The Adhyaksha (Principal) shall be the Head of the Bhavana (College) and as such be responsible for the conduct and maintenance of the standards of teaching and (research in the Bhavana (College) and h'oaU exercise such other powers and perform such other function- as may be prescribed by the Ordi- nances.

(4) The Adhyaksha (Principal) shall have the right to be present and to speak at any meeting of the PathaSamiti (Board of Studies) or committees of the Bhavana (College), as the cane may be, but shall not have tt"e right to' vote thereat unless he is a member thereof,

"B. Adhyaktha (Principal) of Hahwdxa-Bbavana (1) The Adhyaksha (Principal) of the Rabindra-Bhavana shall be appointed by the Karma-Samiti (Executive Council) on the recommendation of a Selection Committee constituted for the puxpope and he shall be a whole-time salaried officer of the Univewtty.

(2) The emoluments and other conditions of service of the Adhyaksha (Principal) of the Rabindra-Bhavana shall bo suoh as may be prescribed by the Ordinances:

Provided that the Adhyaksha (Principal) of the Rabindra-

Bhavana shall retire on attaining the age of sixty years.

(3) The Adhyaksha (Principal) of the Rabindra-Bnavana shall be the Head of the Bhavana (College) and shall be res- ponsible for guiding and supervising the research activities of the Bhavana (College) and exercise such other powers and per- form such other functions as may be prescribed by the Ordinances.

6C. Adhyakshas (Principals) of PathanBhavanas (Schools)

(1) Every Adhyaksha (Principal) of a Patha-Bhavana

(School) shall be appointed by the Karma-Samiti (Executive Council) on the recommendation o£ a Selection Committee con- stituted for the purpose and he shall be a whole-time salaried officer of the University.

(2) The emoluments and other conditions of service of the Adhyaksha (Principal) of a Patha-Bhavana (School) shall be such as may be prescribed by the Ordinances:

Provided that the Adhyaksha (Principal) of a Patha- Bhavana (School) shall retire on attaining the age of sixty years.

(3) The Adhyaksha (Principal) of a Patha-Bhavana (School) shall be the Head of the Bhuvuna (College) and shall exercise such powers and perform such functions as may be assigned to him by the Karma-SamiU (Executive Council).'¹;

(6) for Statutes 8, 9 and 9A, the following Statutes shall be

substituted, namely: —

"8. The Granthagajikn (Librarian)

(1) There shall be a Granthagarika (Librarian) of the Uni- versity who shall be appointed by the Karmc-Samiti (Execu- tive Council) on the recommendation oi a Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University.

(2) The emoluments and other conditions of service of the Granthagarika (Librarian) shall be such as may be prescribed by the Ordinances:

Provided that the Grnnthagarika (Librarian) shall retire on

attaining the age of sixty years.

(3) The Granthagarika (Librarian) shall exercise such powers and perform such functions as may be prescribed by the Ordinances.

F 4 A - 6 / l / R S / 7 3 ^°

ft. Chatra-Parichaiaka (Proctor)

(1) The Chatra-Parichaiaka (Proctor) shall be appointed by the Karma-Samiti (Executive Council) on the recommendation of the Upacharya (Vice-Chancellor) from among the teachers of the University not below the rank of a Reader.

(2) The Chatra-Parichaiaka (Proctor) shall hold office for a term of three years from the date of his appointment.

(3) The Chatra-Parichaiaka (Proctor) shall assist the Upacliarya (Vice-Chancellor) in the maintenance of discipline among the students of the Bhavanas (Colleges).

(4) The Chatra-Parichaiaka (Proctor) shall exercise such other powers and perform such other functions as may be assigned to him by the Upacharya (Vice-Chancellor) or the Siksha-Samiti (Academic Council).

9A. Dean Qt Student Welfare

(1) The Karma-Samiti (Executive Council) may, if it is considered necessary to appoint a Dean of Student Welfare, ap- point a Dean of Student Welfare on the recommendation of the Upacharya (Vice-Chancellor) from among the teachers of the University not below the rank of a Reader and the appointment shall be without prejudice to the right of the teacher to continue his lien on the substantive post held by hinr

Provided that the Karma-Samiti (Executive Council) may, instead of appointing a whole-time Dean of Student Welfare, re- quire any teacher of the University not below the rank of a Reader to perform the functions of Dean of Student Welfare in addition to his own duties on payment of a suitable allowance.

(2) The Dean of Student Welfare shall hold office for a term of three years from the date of his appointment.

(3) The Dean of Student Welfare shall exercise such powers and perform such functions as m ay be assigned to him by the Karma-Samiti (Executive Council) or the Upacharya (Vice- Chancellor) .

10. System of elections to various authorities and bodies of the University

Elections tqS various authorities and bodies of the Univer- sity, wherever provided, shall be by the system of proportional representation by means of the single transferable vote.

11. The Sainsad (Court*

(I) The Samsad (Court) shall consist of the following members, namely: —

Ex offlcio members

(i) the Acharya (Chancellor);

(if) the Upacharya (Vice-Chancellor);

(Hi) the Adhyakslias of Bhavanas (Principals of Colleges);

(iu)the Granthagarika (Librarian);

(v) Chatra-Parichalaka (Proctor);

(vi) the Dean of Student Welfare;

(vii) the Head of the Palli-Samgathana Vibhaga;

{viii) the Head of the Granthan Vibhaga;

(ix) the Heads of Departments;

Representatives of teachers

(x) five Professors of the University to be elected by an electoral college consisting of the Professors of the University;

(rri) two Readers of the University to be elected by an electoral college consisting of the Readers of the University;

(xii) three Lecturers of the University to be elected by

an electoral collegd cons.sting of the Lecturers of the Univer- sity;

(xiii) two teachers of Patha-Bhavanas (Schools) by rotation according to seniority to be nominated by the Acharya (Chancellor);

Representatives of non-teaching staff

(xiv) three representatives of non-teaching staff to be

elected by them from amongst themselves;

Representatives of Students

(xv) five representatives of students of whom not less than two shall be women, to be elected by the students of the University [except those of Patha-Bhavana (School)] from amongst themselves;

Representatives of Parliament

(xvi) five representatives of Parliament, three to be nominated by the Speaker of the Lok Sabha from among its members and two to be nominated by the Chairman of the Rajya Sabha, from among its members;

Representatives of Alumni Association

(xvii) three representatives of the Alumni Association to be elected by that Association irom among its members;

Persons representing learned professions and special interests

(xviii) seven persons representing learned professions and special interests including representatives of industry, labour, commerce, banking and agriculture, to be nominated by the Paridarsaka (Visitor);

Other members

(xix) one person to be nominated by the Pradhana

(Rector);

(xx) one person to be nominated by the Acharya,

(Chancellor);

* ^-tfl/RS/73-7 9

(xxi) other members of the Karma-Samiti (Executive

Council) not specified above.

(2) All the membars rf the Samsad (Court), other than the ex officio members and the members representing the students, shall hold office for a term of three years from the date of their election or nomination, as the case may be;

(3) Members representing students shall hold office for a term of one year from the date of their election or till such time ay they continue to be students, whichever is earlier.

(4) No student who—

(i) passed the High School or an equivalent examination more than eight years earlier or the Pre-University or an equivalent examination more than seven years earlier, or had taken more than one year in excess of the period pres- cribed for the course for which he is a student; and

(ii) had not been on the rolls of the University for at least one year before he enters upon his office as such member,

shall be eligible to become a member of the Samsad (Court).

(5) No employee of the University shall be eligible to be a member under items (xvii), (xviii), (xix), (xx) and (xxi) of clause (1).";

(7) for Statutes 12 to 19, 19A and 20, the following Statutes shall be substituted, namely: —

"12. Meetings of the Samsad (Court)

(1) The annual meeting of the Samsad (Court) shall be held on a data to be fixed by the Karma-Samiti (Executive Council) unless some other date has been fixed by the Samsad (Court) in respect of any year.

(2) At an annual meeting of the Samsad (Court), a report on the working of the University during the previous year, together with a statement of the receipts and expenditure and the balance-sheet, as audited, and the financial estimates for the next year, shall be presented.

(3) A copy of the statement of receipts and expenditure, the balance-sheet and the financial estimates referred to In clause (2) shall be sent to every member of the Samsad (Court) at least seven days before the date of the annual meeting.

(4) Thirty members of the Samsad (Court) shall form a quorum for a meeting of the Samsad (Court).

(5) Special meetings of the Samsad (Court) may be con- vened by tlip Karma-Samiti (Executive Council) or the VparharyJt (Vice-Chancellor), or if there is no¹ Upacharya (Vice- Chancellor), by the Karma-Sachiva (Registrar).

13. The Karma Samitl (Executive Council)

(1) The Karma-Samiti (Executive Council) shall consist of

the following members, namely: —

(i) the Upacharya (Vice-Chancellor);

(it) the Head of the Palli-Samgathana Vibhaga;

(Hi) one Adhyaksha (Principal) from the Adhyakshas (Principals) of Kala Bhavana and Sangeet Bhavana by rotation according to seniority;

(iv) one Adhyaksha (Principal) frr-m the Adhyakshas (Principals) of Vidya Bhavana and Vijnan Bhavana by rotation according to seniority;

(v) one Adhyaksha (Principal) from the Adhyakshas (Principals) of Vinaya Bhavana and Patha-Bhavana (School) by rotation according to seniority;

(vi) one Adhyaksha (Principal) from the Adhyakshas (Principals) of the remaining Bhavanas (Colleges) by rotation according to seniority;

(vii) one Professor, other than the Adhyakshas

(Principals), by rotation according to seniority;

(viii) two teachers, other than the Professors, one of whom shall be * Header to be elected by the teachers from amongst themselves;

(ix) three persons to be elected by the Samsad (Court)

from amongst its members one of whom shall be an em- ployee or a student of the University.

Provided that one of the members so elected shall be a

member of the Alumni Association;

(x) two persons to be nominated bv the Paridarsaka

(Visitor):

(xi) one person to be nominated by the Pradhana

(Rector);

(xii) one person tr. be nominated by the Acharya

(Chancellor). (2) Each member of the Karma-Samiti (Executive Coun- cil), other than the Uvwharya (Vice-Chancellor) and the Head of the Palli'Samgathana Vibhaga, shall hold office for a term of three years from the date of their election or nomination, as the case may be.

(3) If any elected member of the Karma-Samiti (Execu- tive Council) fails to attend four consecutive meetings of the Karma-Samiti (Executive CnnnciJ) without the permission of the Upacharya (Vice-Chancellor) \ he shall cease to be a member of the Karma~Samiti (Executive Council)

(4) Six members of the Karma-Samiti (Executive Council), out of whom at least two members who are not emplnvees of the University, shall form tho quorum for a meeting of tht Karma- Samiti (Executive Council)

14. Powers and functions of the Karma-Samiti (Executive Council)

Subject to the provisions of the Act, these Statutes and the Ordinances, the Karma-Samiti (Executive Council) shall, in addition to all other powers vested in it under the Act exercise the following powers, namely: —

(i) to appoint such teachers in Paiha-Bhavanas (Schools) as mav be necessary on the recommendation of the Selection Committees constituted for the purpose and to fill up temporary vacancies therein;

(ii) to create administrative, ministerial and other posts and to make appointments thereto in the manner prescribed by the Ordinances;

(in) to grant leave of absence to any officer of the Uni- versity, other than the Acharya (Chancellor) • and the Vpacharya (Vice-Chancellor), and to make arrangements for the discharge of the functions of such officer during his absence;

(iv) to regulate and enforce discipline among the em- ployees in accordance with these Statutes and the Ordi- nances;

(v) to institute fellowships, scholarships, studentships,

medals and prizes;

(trf) to make such special arrangements as may be

necessary for the residence and discipline of women: students;

(vii) to appoint examiners and moderators and, if necessary, to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the Siksha-Samiti (Academic Council);

(viii) to confer honorary degrees;

(ix) to transfer or accept transfers of any movable or

immovable property on behalf of the University;

(x) to accept, regulate and administer funds received

from any trust;

(xi) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University;

(xii) to enter Into, vary, carry out and cancel contracts

on behalf of the University;

(xiii) to entertain, adjudicate upon, and, if thought fit, to redress any grievances of the employees and students of the University, who may, for any reason, feel aggrieved,

(xiv) to select a common seal for the University and

provide for the custody and use of such seal;

(xv) to delegate any of its powers to the Upachurya (Vice-Chancellor), the Karma-Sachiva (Registrar) or the Vitta-Adhikari (Finance Officer) or such other employee or authority of the University or to a Committee appointed by it as it may deem fit; and

(xvi) to exercise such other powers and perform such other functions as may be conferred or imposed on it by the Act; or these Statutes.

15. The Siksha-Samiti (Academic Council)

(1) The Siksha-Samiti (Academic Council) shall consist of

the following members, namely: —

(i) the Vpacharya (Vice-Chancellor);

(ii) the Adhvakshas of Bhavanas (Principals of Colleges);

(iii) the Head of the Palli-Samgathana Vibhaga;

(iv) the Heads of Departments;

(v) all Professors;

(vi) Grantiiagarika (Librarian); (vii) Chatra-Parichalaka (Proctor); (tuii) Dean of Student Welfare;

(ix) seven teachers, of whom at least two shall be Readers, to be elected by the teachers of the University, other than Professors;

(x) two teachers of the Patha-Bhavana (School) to be

elected from amongst themselves;

(xi) five representatives of students to be elected from

amongst themselves;

(arii) five persons not being in the service of the Uni-

versity, co-opted by the Siksha-Samiti (Academic Council) for their special knowledge; (2) The members of the Sikshar-Samiti (Academic Council), other than the ex oflicto members and the members represent- ing the students, shall hold office for a term of three years from the date of their election or co-option, as the case may be.

(5) Members representing students shall hold office for a term of two years from the date of their election or till such time as they continue to be students, whichever is earlier.

(4) No student who—

(i) passed the High School or an equivalent examination more than eight years earlier or the Pre-University or an equivalent examination more than seven years earlier, or had taken more than one yea,r in excess of the period prescribed for the course for which he is a student; and

(ii) had not been on the rolls of the University for at least one year before he enters upon his office as such member, shall be eligible to become a member of the Siksha-Samiti (Academic Council).

(5) Twenty members of the Siksha-Samiti (Academic Council) shall form the quorum for a meeting of the Siksha- Samiti (Academic Council).

(6) No member referred to in clause (3) shall have the right to be present at the meeting of the Siksha-Samiti (Acade- mac Council) wnen it tant's up tor consideration any of the fol- lowing matters, namely: —

(a) the recruitment and conditions of service of posts

m the faculties of the University;

(b) annual processes of evaluating academic perform-

ances and merits of students.

10. Powers and duties of the Slksha Samiti (Academic Council)

(1) Subject to the Act, these Statutes and the Ordinances, the Slksha-Sm/Citi (Academic Council) shall, in addition to all other powers vested in it under the Act, have the following powers, namely: —

(a) to exercise general supervision over the academic policies of the University and the working of the Bhavanas (Colleges);

(0) "to bring about inter-Bhavana co-ordination and to establish or appoint Committees for taking up projects on an mter-Bhavuna basis;

(c) to consider matters of general academic interest either on its own initiative or on a reference by a Bhavana (College), or the Karma-Samiti (Executive Council) and to take appropriate action thereon;

(d) to perform, in relation to academic matters, all such duties and to do all such acts as may be necessary for the proper carrying out of the provisions of the Act, these Statutes and the Ordinances;

(e) to frame suth regulations and rules consistent with thes" Statutes and the Ordinances regarding the academic functioning of the University, discipline, residence, admissions, award of fellowships and studentships, fee concessions, corporate life and attendance.

(2) Notwithstanding anything contained in clause (1), no proposal agreed to by the Siksha-Samiti (Academic Council), which involves financial implications shall be implemented with- out the prior approval of the Karma-Samiti (Executive Council).

17. The Artha-Samiti (Finance Committee)

(1) The Artha-Samiti (Finance Committee) shall consist of

the following members, namely: —

(1) the Vpacharya (Vice-Chancollor);

(ii) one Adhyaksha (Principal) to be appointed by the

Karma-Samiti (Executive Council);

(Hi) one person to be appointed by the Karma-Samiti (Executive Council) from among its members other than an employee of the University;

(iv) three persons to be nominated by the Paridarsaka

(Visitor). (2) ALL the members of the Artha-Samiti (Finance Commit-

tee), other than the Vpacharya (Vice-Chancellor), shall hold office for a term ot three years from the date of their appointment, or nomination, as the case may be.

(3) four members of the Artha-Samiti (Finance Committee) Shall form the quorum for a meeting of the ArthaSamit*

(Finance Committee).

(4) A member of the Artha-Samiti (Finance Committee) shall have the right to record a minute of dissent if he does not agree with any decision of the AnhaSamiti (Finance Com- mittee).

18. Powers and functions of the Artha-Samiti (Finance Committee)

(1) The Artha-Samiti (Finance Committee) shall meet at least twice every year to examine the accounts and, to scrutinise proposals for expenditure.

(2) The annual accounts and the financial estimates of the Universixy prepared by the Vitta-Adhikan (Finance Officer) shall be laid beiore the Arthu-Samiti (Finance Committee) for consideration and comments and thereafter submitted to the Karma-Samiti (Executive Council) for approval,

(3) The Artha-Samiti (iinai.ce Committee) shall flat limits for the total recurring and non recurring expenditure for the year, based on the income and lesources of the University (which, in the case of productive work, may include the proceeds of loans) and no expenditure shall be incurred by the University in excess of the limits so lixed.

(4) No expenditure other than that provided in the budget for any year shall be incurred by the University without the approval of the Artha-Samiti (Finance Committee).

19. Patha Bhavanas (Schools), Bhavanas (Colleges) and Bhnvana (College) Boards,

(1) There shall be one or more Patha-Bhavartas (Schools)

in the University.

(2) The University shall have the following Bhavanas

(Colleges), namely: —

(i) Vidya-BJiavana; (ii) Vi)nana-Bhavana; (iri) Vinaya-Bhavana; (iv) Sangeet-Bhavana; [v) Kala-Bhavana; (w) Rabindra-Bhavana; and (wi) such Other Bhavanas (Colleges) as may be estab-

lished by these Statutes.

(3) (a) Each Bhavana (College) shall have a Bhavana (Col- lege) Board, which shall consist of the following members, namely: —

(i) Adhyaksha of the Bhavana (Principal of th"

College);

{ii) Professors of the Bhavana (College);

(iit) Heads of Departments assigned to the Bhavana

(College) who are not Professors:

$ bh-tp It /A*/7*-79

(iv) one Reader by rotation according to seniority from each, Department of the Bhavana (Collage) to be nominat- ed by the Adhyaksha of the Bhavana (Principal of the College);

(v) one Lecturer by rotation according to seniority from each Department of the Bhavana (College) to be nominated by the Adhyafcaha of the Bhavana (Principal of the College);

(vi) two persons to be nominated by the St/csha-Samiti (Academic Council) from the other Bhavanas (Colleges) of the University;

(uii) one student from each Depaitment to be nomi- nated by the Adhyakshc of the Bhavana (Principal of the College) on the basis of merit in studies, sports, extra- curricular activities and all-round development of personality; (viii) one person not in the service of the University co-opted by the Board for their special knowledge of any subject assigned to the Bhavana (College), (b) Members of a Bhavana (College) board, other than ex officio members and the members representing students, shall hold office for a term of two years from the date of their nomi- nation, or co-option, a& the case may be.

(e) Members representing students shall hold office for a term of one year from the date of their nomination or BO long as they continue to be students, whichever is earlier.

(d) No student who—

(i) passed the High School or an equivalent examination more than eight years earlier or the Pre-Univemrtty or an equivalent examination mere than seven years earlier, or had taken more than one year in excess of the period pres- cribed for the course for which he is a student; and

(ii) had not been on the rolls of the University for at least one year before he enter& upon his office as such member,

shall be eligible to become a member of the Bhavana (College) Board.

(e) Members representing students shall not be present at the meeting of the Board when it takes up lor consideration matters pertaining to the appointment of examiners and examination results.

(/) A Bhavana (College) Board shall have the following functions, namely;-—

(i) to co-ordinate the teaching and research activities of Departments and duties assigned to the tshavana (College); (ii) to promote and provide foi inter-disciplinary

teaching and research;

(iii) to arrange for periodical tests, evaluation and

examination in subjects falling within the purview of th* Bhauana (College);

(iv) to appoint Committees or to undertake research

projects common to more than one Department;

(vO to forward to the Karma-SamM (Executive Coun- cil) the recommendations of the Patha-Samiti (Board of Studies) and the Research Board;

(in) to approve courses of studies proposed by the

Patha-Samltis (Boards of Studies); and

(tm) to advise the Karma-SamiU (Executive Council) and Siksha-Samiti (Academic Council) on academic matters on its own initiative or on a reference made to it.

(4) (a) Each Bhawna (College) shall consist of such

Departments as may be assigned to it by the Ordinances.

(t>) No Department shall be established or abolished, except

by these Statutes:

Provided that the Karma-Saw/iiU (Executive Council) may,

on the recommendation of the Siksha-Samiti (Academic Coun- cil), establish centres of studies to which may be assigned such teachers of the University as the Karma-Samiti (Execu- tive Council) may consider necessary.

(c) Each Department shall consist of the following members,

namely: —

(i) teachers of the Department;

(ii) Adhyaksha of the Bhavana (Principal of the Col- lege) or Adhyakshas of the Bhavanas (Principals of the Colleges) concerned;

(Hi) Honorary Professors, if any, attached to the

Department;

(iv) such other persons as may be members of the Department in accordance with the provisions of the Ordi- nances;

(v) two experts not in the service of the University to

be co-opted by the Department

20. Patha-Sat^itis (Boards of Studies)

(1) Each Department shall function as a Patha-Samiti

(Board of Studies):

Provided that the Bhavana (College) Board may, wherevej) necessary, decide that instead of a separate Patha-Samiti (Board of Studies) for each Department, the Bhavana (College) Board itself may function as the Patha-Samiti (Board of Studies).

(2) Notwithstanding anything contained in clause (D, the Siksha-Samiti (Academic Council) may establish such Patha- Samitis (Boards of Studies), as may be considered necessary for inter-disciplinary research.

(3) A. Patha-Samiti (Board of Studies) shall have the

following powers and functions, namely:—

(a) to recommend to the Bhavana (College) Board—

(i) courses of studies;

(il) appointment of persons for evaluation;

(HI) creation or abolition QV upgrading of teaching

poets;

F 5E-6/1/RS/78-7 9

(iv) field of study of each post at the time of iU

creation;

(v) measures for the improvement of standards of

teaching and research;

(vi) subjects for research for various degrees and

other requirements of research work; and

(vii) appointment of Supervisors of Research;

(b) to allocate teaching work among the teachers;

(c) to consider matters of general and academic interest to the Department and of its functioning; and

(d) to perform such other functions as may be assigned to it by the Bhavana (College) Board.

20A. Research Board

(1) There shall be a Research Board to co-ordinate the research work of the various Bhavanas (Colleges).

(2) The Research Board shall consist of the following members, namely: —

(i) the Vpacharya (Vice-Chancellor)—Chairman;

(ii) Adhyakshas of Bhavavas (Principals of Colleges);

On) one Professor and one Reader from each Bhavana (College), to be nominated by the Upacharvn (Vice- Chancellor) ;

(iv) not more than two outside experts to be co-opted by the Board.

(3) The Research Board shall exercise such powers and perform such functions as mav be prescribed bv the Ordinrnfes.

20B. Patha-Samltl (Board of Studies) for Patha-Bhavanas (Schools) (1) There shall be a Patha-Samiti (Board of Studies) for each of the Paiha-Bhavanas (SchooJsi which shall consist of—

(i) the Vpacharya (Vice-Chancellor);

(ii) Adhyaksha of the Patha-Bhavana (Principal of the School);

(Hi) two senior teachers in each subject taught in the Patha-Bhavana (School);

(iv) Adhyakshax (Principals) of Kala-Bhavana, Sangeet- Bhavana, Rabindra-Bhavana and Vinaya-Bhavana;

(v) Head of the PalU-Samgathana Vibhaga:

(vi) two person? nominated by the Siktha-Samiti (Academic Council);

(vii) one expert not in the service of the University co-opted by the Pafhi-SbmiV ("Board of Studies) for th" Patha-Bhavana (School

(2) The Patha-Sam>U (Board of Studies) for the Patha- Bhavanas (Schools) sha'¹ have the following functions, namely: —

(a) to recommend to the Siksha-Samiti (Academic Council) —

(i) cour..os ci a'urli^s and text-hooks; (u) appomtmeriL of person-- for evaluation, tests and

examinations; and

(in) crcat^n or abolition or upgrading of teaching

posts;

(b) to consider matters of general and academic inte- rest to the Patha-Bhavana (School); and

(c) to perform such other functions as may be assigned to it by the Siksha-Samiti (Academic Council)

20C. Heads of Departments

(ii) Adhyaksha of the Bhavana (Principal of the Col-

lege);

(Hi) two Professors to be nominated by the Upacharya

(Vice-Chancellor);

(iv) two Readers to be nominated by the Upacharya

(Vice-Chancellor);

(v) two Lecturers to be nominated by the Upacharya

(Vice-Chancellor);

(in) the Karma-Sachiva (Registrar)—Member-Secre-

tary.

(3) The Admission Committee shall review the admlMlon

policy from time to time and shall exercise such other powerfl

and perform such other functions as may be prescribed by the

Ordinances.

20E. Building and Campus Committee

(1) The Karma-Samitl (Executive Council) shall appoint a

Bujlding and Campus Committee to look after the building pro-

grammes in the campus of the University.

(2)' The composition of the Building and Campus Committee

and its functions and powers shall be such as may be prescribed

by the Ordinances.

20F Selection Committee*

(2) All appointments to permanent posts specified in

column (1) of the Table below clause (2) shalT be made by the

Karma-Samiti (Executive Council) on the recommendation of a

Selection Committee.

(2) The Selection Committee referred to in clause (1) shall

consist of—

(i) the Upachavja (Vice-Chancellor), who shall be the

Chairman;

(ii) a nominee of the Paridarsaka .(Visitor); and

(Hi) In relation to the posts specified in column (1) of

the Table below, the persons specified in the corresponding

entry In column (2) thereof.

THE TABLE

(2)

(1)

(i) Adhyaksha of the Bhavana (Principal

Professor

of the College) concerned,

(il) Head of the Department concerned, If

he is a Professor.

(iii) One of the Professors of the Depart-

ment concerned to be nominated- by the

Upacharya (Vice-Chancellor)

(Iv) Not less than three persons, not being

in the service of the University or mem-

(2)

(1)

bera of the Karma-Samtoti (Executive Council), or Siksha-Samiti (Academic Council), to be nominated by the Karma- Samiti (Executive Council) out of a panel of not less than six names recom- mended by the Siksha-Samiti (Acade- mic Council) for their special knowledge of, or interest in, the subject with which the Professor to be appointed will be concerned.

A"4der or Lecturer.

(i) Adhyaksha of the Bhavaim (Principal

of the College} concerned.

(ii) Head of the Department concerned.

(iii) One Professor of the Department con- cerned or, if there is no Professor, a Reader of the Department, to be nomi- nated by the Upacharya (Vice-Chancel- lor)

(iv) Not less than two persons, not being in the service of the University or members of the Karma-Samiti (Executive Coun- cil) or Siksha-Samiti (Academic Coun- cil), to be' nominated by the Karma- Samiti (Executive Council) out of a panel of not less than six names recom- mended by the Siksha-Samiti (Acade- mic Council) for their special knowledge of, or interest in, the subject with which the Render or Lecturer to be appointed will be concerned.

Head of the Palli- Samgatham Vibhaga.

Three eminent persons not in the service of the University, of whom two shall be nominated by the Karma-Samlti (Exe- cutive Council) and one by the Siksha- Samiti (Academic Council) for their special knowledge of the subject con- cerned

Adhyak

Three eminent persons not in the service of the University, of whom two shall be nominated by the KarmarSamiti (Exe- cutive Council) and one by the Siksha- Samiti (Academic Council) for their spe- cial knowledge of the subject concerned.

GranthagaTika (Ubrarlui).

(i) Two persons not in the service of the University, who have special knowledge of the subject of .Library Science or Lib- rary Administration or both to be nomi- nated by the Siksha-Samiti (Academic Council).

(2)

U)

(ii) One person, not in the service of the Uni- versity, nominated by the Kat ma-Samiti (Executive Council).

Three eminent educationists not in the ser- vice of the University, of whom two shall be nominated by the Karma-S^miti (Executive Council) and one by the Adhyaktha of Patha-Bhavana (Principal of School).

Siksha-Samiti (Academic Council).

(i) Two members ol the Karma-Samiti (Executive Council) to be nominated by it.

Karma-Sachiva (Registrar) or Vitta-Adhikaii (Finance Officer).

(ii) One person, not in the service of the Uni- versity, to be nominated by the Karma- Samiti (Executive Council).

Note 1.—Where the appointment is being made for an inter-disciplinary project the Head of the project shall be deemed to be the Head of the Department concerned.

Note 2.—The Professor to be nominated shall be a Professor concerned with the speciality for which the selection is being made and that the Upacharya (Vice-Chancellor) shall consult the Head of the Department and the Adhyaksha of the Bhavana (Principal of the College) concerned before nominating the Professor.

(3) The Upacharya (Vice-Chancellor), or in his absence, the

seniormost Professor of the University shall preside over tne meetings of a Selection Committee.

(4) The meetings of a Selection Committee shall be convened by the Vpacftarya (Vice-Chancellor) or in his absence, by the seniormost Professor.

(5) Four members ot a Selection Committee, of whom at least two persons, in the case of selection of a Professor, and one person, jn the case of selection of a Reader or Lecturer, as speci- fied in column (2) of the Table below clause (2), shall form the quorum for a meeting of the Selection Committee and subject to this, the procedure to be followed by a Selection Committee for making recommendations shall be laid down In the Ordinances.

(6) If the Karma-Samiti (Executive Council) is unable to accept the recommendations made by a Selection Committee, it shall record its reasons and submit the case to the Paridarsaka (Visitor) for final orders.

(7) Appointments to temporary posts of Professors, Readers and Lecturers shall be made in the manner indicated below:—

(a) if the temporary vacancy is for a duration longer than one academic session, it shall be filled on the advice of the Selection Committee in accordance with the procedure indicated in the foregoing provisions of this Statute:

Provided that if the Uvacharya (Vice-Chancellor) Is satisfied that in the interests of work it is necessary to fill the vacancy immediately, the appointment may be made on- a purely temporary basis by a local Selection Committee referred to in sub-clause (b) for a period not exceeding six months;

(6) if the temporary vacancy is for a period less than a year, an appointment to such vacancy shall be made on the recommendation of a local Selection Committee consisting of the Adhyaksha of the Bhavana (Principal of the College) concerned, the Head of the Department and a nominee of the Upacharya (Vice-Chancellor):

Provided that If the same person holds the offices of the Adhyaksha of the Bhavana (Prindpal of the College) and the Head of the Department, the Selection Committee may con- sist of two nominees of the Upacharya (Vice-Chancellor):

Provided further that in case of sudden casual- vacancies In teaching posts caused by death or any other season, the Adhyaksha (Principal) may, In consultation with the Head of the Department concerned, make a temporary appoint- ment for a month and report to the TJpaeharya (Vice- ChanceHor) and the Karma-Sachiva (Registrar) about such appointment;

(c) no teacher appointed temporarily uftdw th* second proviso to sub-clause (b) shall, if he Is not recOmttMnded by a regular Selection Committee for appointment, be continued In service on such temporary employment, unless he la sub- sequently selected by a local Selection Committee or a regu- lar Selection Committee, for a temporary or permanent ap- pointment, as the case may be.

26G. Appointment for a ftxed tenure

"Hia- KArma^Samiti (Executive Council) nwy- anoint a per- son selected in accordance With the procedure laid down In Statute 20F for a fixed tenure on auch tertns and conditions a" It deems fit.

20H. Age of retirement of employees of tho University

(1) Save as otherwise provided in the Act, these Statutes and the Ordinances, all employees of th" University shall retire on completing the age of sixty y"i"

(2) The Karma-Samiti (Executive Council) may, in the in- terests of the University, ue employ a teacher, who has retired after the expiry of Ms contract:

Provided that no teacher shaU be eligible to be re-employed under this clause, or on fluch re-employment to continue as a teRcher, after he has attained the age of eixty-flve years:

Provided further that a teacher so re-employed shall not be eligible to hold the office of the Head of a Department or the Adhuaksha of a Bhavana (Principal of a College) w any other office which Involves administrative work:

F 6A-6/1/RS/78-79

Provided also that the salary of such teacher shall be fixed after taking into consideration 'the pension or other retirement benefits drawn or to be drawn by him.

201. Recognised teachers

(1) The qualifications of approved teachers and teachers recognised by the University shall be such as may be prescribed by the Ordinances.

(2) The manner of approving or recognising teachers and withdrawal of such approval or recognition shall be such as may be prescribed by the Ordinances.

(3) The period of approval or recognition of a teacher shall be determined by the Ordinances made iri"that behalf.

20J. Seniority lists

(1) Whenever, in accordance with these Statutes, any person Is to hold an office or be a member of an authority of the Uni- versity by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade, andf in accordance with such other principles as the Karma-Samiti (Executive Council) may, from time to time, prescribe.

(2) It shall be the duty of the Karma-Sachiva (Registrar) to prepare and maintain, in respect of each class of persons to whom the provisions of these Statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1)

(i) If two or more persons have equal length of continuous serv/ci in a particular grade or the relative seniority of any per- son or persons is otherwise in doubt, the Karma-Sachiva (Regis- trar) may, on his own motion and shall, at the request of any such person, submit the matter to the Karma-Samiti (Executive Council) whose decision thereon shall be final.

20K. Removal of employees other than teachers and academic staff

of the University

(1) Notwithstanding anything contained In the terrns of hla contract of service or of his appointment, an employee of the University other than a teacher or a member of the academic staff, may be removed by the authority which is competent to appoint the employee if he were to be appointed on the date of such removal (hereafter in this Statute referred to as the ap- pointing authority), if the authority aforesaid is satiaflied that such employee—

(a) is of unsound mind or Is a deaf-mute or suffers from contagious leprosy; or

(b) is an undischarged insolvent; or

(c) has been convicted by a court of an offence Involv- ing moral turpitude and sentenced in respect thereof to Imprisonment for not less than six months:

Provided that no such employee of the University shall be re- moved from his office unless q resolution to that effect Is passed

by the Karma-Samiti (Executive Council) by a majority of two- thlrds of its members present and voting.

(2) No employee shall be removed under clause (1) until he has been given a reasonable opportunity of showing caus" against the action proposed to be taken in regard to him.

(3) Where the removal of such employee is for a reason •ther than that specified in sub-clause (c) of clause (1), he shall be given three months' notice in writing or be paid three months' salary in lieu of such notice.

(4) Notwithstanding anything contained in these Statutes, an employee, other than a teacher or a member of the academic atafl, shall be entitled to resign,—

(a) if he is a permanent employee, only after giving three months' notice in writing to the appointing authority or paying to the University three months' salary in lieu thereof;

(b) if he is not a permanent employee, only after giving one month's notice in writing to the appointing authority or paying to the University one month's salary in lieu thereof.

(5) A resignation by an employee under clause (4) shall take effect from the date on which the resignation is accepted by the appointing authority.

20L. Disciplinary control of the University

(1) Where any teacher or other employete of the University la entrusted by the University with any duties, such teacher or employee shall be subject to the disciplinary control of the Uni* versity and the University shall be competent to take disciplinary action against such teacher or other employee for the breach of such duty or any offence committed in relation to the duties so assigned to him.

(2) A teacher or other employee of the University shall be •ubject to the disciplinary control of the University in relation to any misconduct committed by him within the precincts of the University or in connection with any examination conducted by the University and the University shall be competent to take disciplinary action against such teacher or nther employee for such misconduct.

(3) Where any student of the Univiersity commits any mis- conduct within the precincts of the University or commits any offence in relation to any examination conducted by the Univer- sity, the University shall be competent to take disciplinary action against such student for such misconduct.

(4) No disciplinary action referred to in the foregoing clauses shall be taken except after giving the person concerned a reason- able opportunity of showing cause and of being heard against the proposed action.

(5) The power to take disciplinary action under this Statute shall include the power to impose penalties for the breach of any duty, offence or misconduct for which such disciplinary action is taken.

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(6) The provisions of this Statute shall hBve effect notwith- standing anything contained in any other

20M. Right of appeal or review

(1) Every employee or student of the University, who is aggrieved by the decision of any officer or authority, other than the Karma-Samiti (Executive Council), shall, notwithstanding any other provision contained in the Act or these Statutes or Ordinances, have the right to prefer an appeal against such deci- sion, within such time as may be prescribed in this Toehalf by these Statutes, to the Karma-Samiti (Executive Council), and thereupon the Karma-Samiti (Executive Council) may confirm, modify or reverse the decision appealed against.

(2) An. employee or student of the University aggrieved by a decision of the Karma-Samiti (Executive Council) and who, from the discovery

20N, Right of appeal in certain other cases.

(1) Any student or candidate tdr an examination whose name has been removed from the rolls of the University, by the orders of the Upacharya (Vice-Chancellor), or who has been debarred from appearing at such examination for two or more years, may, within ten days o£ the receipt Dy him of such orders, prefer an appeal to the Karma-Samiti (Executive Council) and the Karmd-Samiti (Executive Couneil) may confirm, modify or reverse the decision of the Upacharya (Vice-Chancettw).

(2) Any dispute arising out of any disciplinary action taken by the University against a student resulting in the removal ot the name of such student from the rolls of the University for a period of more than one year shall, at the request ofi the student, be referred to a Tribunal to be called the Students' Tribunal which shall consist of one member nominated by the Karma- Sctmiti (Executive Council), one member nominated by the student concerned and one member (who ahali act as the umpire) nominated by the Paridarsaka (Visitor).

(3) The provisions of sub-sections (2) to (6) of section 38 of the Act shall apply to the Students' Tribunal, /referred to in clause (2), as they apply to the Tribunal of Arbitration consti- tuted under sub-section (I) of that section.".

(8) in clause (3) of Statute 21, in aob-cl"wse

(9) in Statute 22, for clause (2), the following clause shall be substituted, n a m e l y :'

M(2) The Karma-Samiti (Executive Council) may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the Acharya (Chancellor),. any honorary degree con- ferred by the University.";

(10) after Statute 24, the following Statute shall be inserted, namely: —

"24A. Disqualifications

(1) A person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the University If h e-

(a) is of unsound mind or is a deaf-mute or suffers

from contagious leprosy; or

(b) is an undischarged insolvent; or

(c) has been convicted by a court of an offence in- volving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months.

(2) If any question arises as to whether a person is or had been "subject to any oft the disqualifications mentioned In clause (1), the question shall be referred for the decision of the Paridarsaka (Visitor) and his decision shall be flnul and no suit or other proceeding shall lie in any civil court agaiast such decision.

24B. Membership of authorities by virtue el memberahip

Notwithstanding anything contained in these- Statutes, a person who holds any post In the University or to a member of any authority or body of the University in hi" capacity as a member of a particular authority or body or "s the holder of a. particular appointment phall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the ease may be.";

(11) in Statute 25, for the words "preside over a meeting, autho- rity or committee", the words "preside over a meeting of any autho- ritv of the University or any committee thereof" shall be substituted;

(12) for Statute 26, the following Statute shall be substituted, namely: —

"26. Resignation

Any member, other than an ex officio member of the Samaad (Court), the Karma-Samiti (Executive Council), the Siksha- Samiti (Academic Council) or any other authority of the Univer- sity or any Committee of such authority may resign his office

by letter addressed to the Karma-Sachwa (Registrar) and the resignation shall take eftect as soon, as such leiter is received by the Karma-Sachwa (Registrar).',

(13) in Statute 47, for clauses (3) and (4), the following clauses

shall be substituted, namely: —

"(3) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of dis- cipline, the Upaicharya (Vice-Chancellor) may, in the exercise of his powers, by order, direct that any student or students be expelled, or rusticated, for a specified period, or be not admitted to a course or courses of study in a Bhavana (College), Patha-Bhavana (School) or other institution main- tained by the University or Department of the University for a stated period, or be punished with fine for an amount to be specified in tbe order, or be debarred from taking an examination or examinations conducted by the University, Bhavana (College), Patha-Bhavana (School) or other institution or a Department for one or more years, or that the results of the student or students concerned m the examination or exami- nations in which he or they have appeared be cancelled.

(4) The Heads of special centres, Adhyakshas (Principals) of Bhavanas (Colleges) and Patha-Bhavanas (Schools) and Heads of teaching Departments in the University shall have the authority to exercise all such disciplinary powers over the students In their respective centres, Bhavanaa (Colleges), Patha-Bhavanas (Schools) and teaching Departments in the University as may be necessary for the proper conduct of such special centres, Bhavanas (Colleges), Patha-Bhavanas (Schools) and teaching Departments.

(5) Without prejudice to the powers of the Upacharya (Vice-Chancellor) and the persons specified in clause (4), detailed rules of discipline and proper conduct shall be made by the University.

(6) The Heads of special centres, Adhyakshas (Principals) of Bhavanas (Colleges) and Patha-Bhavanas (Schools) and Heads of teaching Departments in the University may also make such supplementary -ules as they deem necessary for the aforesaid purposes and every student of the University shall be supplied with a copy of the rules made by the University and the supplementary rules so made shall be supplied to the students concerned.

(7) At the. time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Upacharya (Vice- Chancellor) and other authorities of the University ";

(14) after Statute 49, the following Statute shall be inserted, namely: —

"50. Delegation of powers

Subject to the provisions of the Act and these Statutes, any officer or authority of the University may, in the manner

prescribed in the Ordinances, delegate his or its powers to any other officer or authority or person under his or its respective control subject to the condition that the overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers.".

Tranai. tional pro- vision!!.

27. (1) Every authority of the University shall, as soon as may be, after the commencement of this Act, be constituted in accordance with the provisions of the principal Act and of the Statutes of the University, as amended by this Act and until any such authority is constituted, the authority functioning immediately before such commencement shall con- tinue to exercise all the powers and perform all the duties under the prin- cipal Act and the Statutes, so amended.

(2) The Upacharya (Vice-Chancellor), the Karma-Sachiva (Registrar), the ArthaSachiva (Treasurer) and the Granthagarika (Librarian) holding office immediately before the commencement of this Act, shall, on and from such commencement, hold their respective offices by the same tenure and upon the same terms and conditions as they held It Imme- diately before such commencement.

(3) The Acharya (Chancellor), Adhyakshas of Bhavanas (Principals of Colleges), the Chatra-Parichalaka (Proctor), and the Dean of Student Welfare shall, as soon as may be, after the commencement of thia Act, be appointed in accordance with the provisions of the principal Act and the Statutes of the University as amended by this Act and the person holding any such office immediately before such commencement shall continue to hold that office until his successor enters upon his office.

Saving.

28. Anything done, any action taken or any degree or other academic distinction conferred by the Visva-Bharati before the commencement of this Act shall, notwithstanding any change made by this Act in the con- stitution of the Samsad (Court), the Karma-Samiti (Executive Council), the Sik&ha-Samiti (Academic Council), or any other authority of the University, be valid as if such thing were done, action were taken or degree or other academic distinction were conferred under the provisions of the principal Act a3 amended by this Act.

29. If any difficulty arises with respect to the establishment of any authority of the University or in connection with the first meeting of any authority of the University, the Paridarsaka (Visitor) may, in consulta- tion with the Upacharya (Vice-Chancellor), by order, make any appoint- ment or" do anything which appears to him necessary or expedient for the proper establishment of that authority or for the first meeting of that authority*

Powers of Paridar- saka (Visitor) to make appoint- ments In certain cases.

STATEMENT OF OBJECTS AND REASONS

The Visva-Bbarati Act, 1951, was passed by Parliament to declare the Viflva-Bharati, founded by Gurudev Rabindra Nath Tagore, as an insti- tution of national importance and to provide for its functioning as a unitary, teaching and residential University, and for the attainment of the objects set out in the First Schedule to the Act, for which the institution was founded by Gurudev. It was intended that every effort will be made to preserve and promote the unique character and ideals for which the great institution was established.

2. In the following years, however, the growth of Visva-Bharati was on lines not very different from those of other Universities in the country. During 1970-71, there were disturbances in the Visva-Bharati campus, which resulted in heavy damage to equipment, property and furniture of the various buildings and in the death of an office Superin- tendent. The University had to face serious difficulties in its day-to-day working on account of the negative attitude adopted by certain persons. All this had vitiated the academic life of the University and had serious- ly affected the smooth working of its administration. To remedy the situation, and purely as an interim measure, an Ordinance was promul- gated by the President on 3rd. November, 1971, to amend the VIBVR- Bhaxati Act, 1951 which was later on replaced by the Visva-Bharati (Amendment) Act, 1971. By this Amendment Act, the Samsad (Court), the KarmaSamiti (Executive Council), "the Siksha-Samiti (Academic Counqil), the Artha-Samiti (Standing Finance Committee) and certain other bodies of the University were replaced by nominated bodies.

3. Later on, complaints were received that the Visva-Bharati waa drifting away from the ideals Gurudev had in mind in establishing it and that the academic standards were going down. Government were disturbed at the developments and were anxious to ensure that the original character of the University be restored. Therefore, with a view to determining the lines on which the Visva-Bharati be developed and to recommend guide-lines for amendment of the University Act, a Com- mittee was appointed under the Chairmanship of JugJripe S. A. Masud, Judge of the Calcutta High Court and eight other membeus. The Com- mittee which submitted its report in July, 1075k han inter alia made recommendations of a legislative character Involving amendments of the Act and the Statutes of the Visva-Bhamti. The Government have, by and large, accepted these recommendations and the present Bill seeks to implement the same.

4. The main features of the Bill are:—

(i) Inclusion of the powers of the University in detail;

(li) Bringing the powers of the Paridarsdka (Visitor) at par with

those In other Central Universities;

(Jli) Changes in the roadie of appointment of the Acharya (Chan-

cellor) and XJpacharya (Vice-Chancellor);

(iv) Provision for Vitta-Adhikari (Finance Officer) instead of

Artha-Sachiva (Treasurer);

(v) Comprehensive changes in the composition, powers and func-

tions of the Samsad (Court), KarmarSamitl (Executive Coun-

cil), SilcBha-Samlti (Academic Council), Artha-Samiti (Finance

Committee) and Patha-Samitis (Boards of Studies);

(vi) Provision for the constitution of Boards of Bhavahas, their1

composition and functions;

(vH) Comprehensive provision for appointment of teacher* and

composition of Selection Committees for various posts;

(viii) Provision for security of service of teachers;

(ix) Provision for a Students' Tribunal for adjudication of dla-

putes, arising out of any disciplinary action taken against

students;

(x) Provision for submission of the annual accounts together

with the audit report to the Central Government for being

laid before both the Houses of Parliament.

New DELHI;

PBATAP CHANDRA CHTTNDER

Th" 20th January, 1978.

F7A-6/1/RS/78-7 9

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 18 of the Bill which proposes to substitute a new section for

section 30 of the Visva-Bharati Act, 1951, enables the Karma-Samiti

{Executive Council) of the University to amend, repeal or add to any

of the Ordinances of the University subject to certain conditions. The

matters in respect of which the Karma-Samiti (Executive Council) may

exercise this power relate to the admission of students to the University,

the degrees, diplomas, certificates and other academic distinctions to

be awarded by the University, the manner of co-operation, collaboration

or association with other Universities, authorities or institutions of

learning and other matters.

2. The above matters pertain to matters of procedure or detail and

ai tuch the delegation of legislative power is of a normal character.

S. S. BHALERAO,

Secretary-General-

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