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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 29] NEW DELHI, THURSDAY, AUGUST 18, 1983/SRAVANA 27, 1905

Separate paging is given to this Part in order that it may be filed as a separate compilation

RAJYA SABHA

The following Report of the Joint Committee of the Houses on the Bill further to amend the Visva-Bharati Act, 1951, was presented to the Rajya Sabha on Thursday, the 18th August, 1983:—

COMPOSITION OF THE PRESENT JOINT COMMITTEE

*I. Dr. Malcolm S. Adiseshiah—Chairman

MEMBERS

Rajya Sabha

a. Dr. Lokesh Chandra **3. Shrimati Monika Das

***4. Shri A.G. Kulkarni

5. Dr. Bhai Mahavir

****6. Shri Santosh Mitra

* Appointed as Chairman of the Joint Committee on the 19th July, 1983 vice Shri Bishambhar Nath Pande resigned from the membership of the Rajya Sabha on the 29th June, 1983.

**Appointed on the 16th September, 1981 in the vacancy caused by the retirement of Prof. D.P. Chattopadhyaya from the membership of the Rajya Sabha on the 9th July, 1981.

***Appointed on the 5th May, 1982 in the vacancies caused by the retirement of Shri Bhola Prasad and Shri Sankar Ghose from the membership of the Rajya Sabha on the and April, 1982. Shri Bhola Prasad and Shri Sankar Ghose were appointed on the 16th September, 1981 in the vacancies caused by the retire- ment of Shri Jaharlal Banerjee and Shri Kalyan Roy from the membership of the Rajya Sabha on the 9th July, 1981.

••••Appointed on the 5th May, 1982 vice Shrimati Kanak Mukherjee resigned,.

( 1)

7. Shri Manubhai Patcl

**'*8. Shri Yogendra Sharma

9. Dr. Rudra Pratap Singh

10. Dr. Sarup Singh 11,. (Vacant)

Lok Sabha

12. Shri A-E.T, Barrow 13. Shri Narayan Choubcy 14. Shri Christopher Ekka 15. Shri Chhittubhai Gamlt 16. Shrimati Sheila Kaul 17. Shri R.P. Mahala 18. Shri Ram Kumar Meena 19. Shri T. Nagaratnam

(0)20. Shri Ahmed Mohamfned Patel

31. Shri Uttam Rathod 22. Shri G.S. Reddi 23. Dr. Saradish Roy 24. Shrimati Krishna Sahi 25. Shri Chandra Pal Shailani 26. Shri Rajnath Sonkar Shastri 27. Shri Shivkumar Singh 28. Shri Dharam Bir Sinha 29. Prof. Satya Deo Sinha 30. Shri Satycndra Narain Sinha- 31. Shri Jagdish Tytier 32. Shri Atal Behari Vajpayee

^(0133. (Vacant)

SECRETARIAT

Shrimati K . K. Chopra, Additional Secretary

Shri B.Rt Goel, Chief Examiner of Questions.

Shri R . P. Mahajan, Senior Legislative Committee Officer

REPRESENTATIVES OF THE MINISTRIES'

(i) Ministry qf Education and Culture

Shri Kireet Joshi, Educational Adviser

Shri M . R. Kolhatkar, Joint Secretary

Shri C.R. Pillai, Deputy Secretary

Shri M . C. J a i n, Under Secretary,

(ii) Ministry of Law, Justice and Company Affairs

Shri S. R a m a i a h, Additional Secretary and Legislative Counsel

Shri Y.P. Sud, Deputy Legislative Counsel.

, . •••Appointed on the gth May, 1982 in the vacancies caused by the retirement of Shsi Bhola Prased and Shri Sanker Ghose from the membership of the Rajya Sabha on the and April, 198a. Shri Bhola Prasad and Shri Sanker Ghose were appointed on the 16th September, 1981 in the vacancies caused by the retirement of Shri Jnhurlal Benerjee and Shri Kalyan RoyfVom the memberehip of the Rnjya Sabha on gth July, I98I-

("'Appointed on the aand March 1983 vice Shri A.A. Rahim resigned.

(iy(@Shri S.B-Chnvun resigned on the 19th Miy, 1983,

COMPOSITION OF THE EARLIER JOINT COMMITTEE

1. Dr. Bhai Mahavir —Chairman

MEMBERS

Rajya Sabha

a. Dr. V.P. Dutt

3. Prof. D.P. Chattopadhyaya

4. Shri Bishambhar Nath Pandc

5 Shrimati Kanak Mukherjce

6. Shri Pranab Mukherjce

7. Dr. Malcolm Sathianathan Adiseshiah

8. Shri Amarprosad Chakraborty

9/ Dr. Sarup Singh

*io. Shri Manubhai Patcl

* * 11. Shri Kalyan Roy

Lok Sabha

12. Shrimati Renuka Devi Barkat&ki

13. Shri Bcdabrata Barua

14. Shri Tridib Chaudhuri

15. Shri Dhircndranath Basu

16. Shri Rudolph Rodrigues

17. Shri CK. Chandrappan

18. Shri Ajitsinh Dabhi

19. Shri Raj Krishna Dawn

20. Shri V. Kishore Chandra S. Deo

ai. ShriR.D. Gattani

2a. Shri Saraar Guha

23. Shri V.G. Handc

24. Shri Nirmal Chandra Jain

25. Shrimati Mohsina Kidwai

26. Dr, Sarojini Mahishi

27. Shri P, Rajagopal Naidu

28. Shri K.A. Raju

29. Shri Ramjiwan Singh

30. Dr. Saradish Roy

31. Shri Jagannath Sharma

32. Shri Rajendra Kumar Sharma

33. Dr. Pratap Chandra Chunder.

* Appointed on the 22nd September, 1978 nice Shri Ghanshyambhai Oza resigned.

••Appointed on the 22nd September, 1978 vice Shri L,akshmana Mahapatro resigned.

SECRETARIAT

Shri Sudarahan Agarwal, Additional Secretary

Shrimati K.K. Chopra, Chief legislative Committee Officer

Shri K. Dayal, Chief Examiner of Questions

Shri B.R. Goel, Senior Legislative Committee Officer.

REPRESENTATIVES OF THE MINISTRIES

(i) Ministry of Education, Social Welfare and Culture

Shri S.N. Pandita,jroj"/ Secretary

Shri Triyogi Narain, Director

Shri I.U. Ramchandani, Deputy Secretary

Shri M.N. Sinha, Deputy Secretary.

(ii) Ministry of Law, justice and Company Affairs

Shri K.K. Sundaram, Secretary

Shri S. Ramaiah, Joint Secretary and Legislative Counsel

Shri G.R. Mcnon, Additional Legislative Counsel

Shri P.J. Mcnon, Additional legislative Counsel.

REPORT OF THE JOINT COMMITTEE

1. the Chairman of the Joint Committee to which the Bill further to amend the Visva-Bharati Act, 1951, was referred, having been authorised by the Joint Committee to submit the Report on its behalf, present this Report of the Committee with the Bill, as amended by the Committee, annexed thereto.

2. The Bill was introduced in the Rajya Sabha on the 23rd March, 1978. The motion for reference of the Bill to Joint Com- mittee of the Houses was moved in the Rajya Sabha by Dr. Pratap Chandra Chunder, the then Minister of Education, Social Welfare and Culture, on the 25th July, 1978, and was adopted by the House the same day. (Appendix I)

3. The motion was transmitted to the Lok Sabha on the 26th July, 1978. The Lok Sabha concurred with the motion on the 31st August, 1978; and the message from the Lok Sabha was reported to the Rajya Sabha the same day. (Appendix II)

4. The Committee held 12 meetings; of these, three meetings (on die 17th, 18th and 19th. January, 1979) were held at Calcutta with the permission of the Chairman, Rajya Sabha and the rest at New Delhi. (Appendix X)

5. At its first meeting held on the 5th September, 1978, the Committee decided that a press communique be issued inviting views and suggestions from individuals, organisations and institutions interested in the subject matter of the Bill. A press communique was accordingly issued on the 6th September, 1978. (Appendix V)

6. Fifty-seven memoranda containing views, comments and suggestions on the provisions and various aspects of the Bill were received by the Committee from several individuals, organisations and institutions. (Appendix VII)

7. The Committee decided at its meeting held on the 5th Sep- tember, 1978 that the following be approached to give their views on the BUI:—

(i) Vice-Chancellors of all the Universities in India;

(ii) Sahitya Academy, Sangeet Natak Academy and Lalit

Kala Academy;

(iii) Eminent persons who have been associated with the Visva-

Bharati; and

(iv) Various institutions engaged in propagation of the ideals

of Gurudev Rabindranath Tagore.

* Published in Part II Section 2 of the Gazette of India, Extraordi- nary, dated the 23rd March 1978,

8. The Committee decided to invite witnesses to given oral evi- dence on the Bill and authorised the Chairman to issue invitations.

The Chairman requested members of the Committee and the representatives of the Ministry of Education to suggest names of persons, organisations and institutions to be invited to give oral evidence before the Committee.

9. The Committee heard the evidence tendered by 20 witnesses.

(Appendix VIII)

10. To make a comparative study of the functioning of various institutions in the country similar to Visva-Bharati, the Committee visited:—

(i) Kalakshetra and educational institutions under the Besant Centenary Trust at Madras on the 28th June, 1979; and (ii) The Gandhigram Rural Institute, Gandhigram, District Madurai on the 29th and 30th Junej 1979.

Study notes on the Committee's visits to the above institutions are appended to the Report. (Appendix IX)

11. The Sixth Lok Sabha was dissovled on the a and August, 1979, before the Committee could complete its deliberations.

12. The Seventh Lok Sabha was constituted on the 21st Janu- ary, 1980.

13. A fresh motion for reference of the Bill to a Joint Com- mittee of the Houses was moved in the Rajya Sabha on the 20th November, 1980 by Shri S. B. Chavan, the then Minister of Edu- cation and Social Welfare and Culture and was adopted by the House the same day. (Appendix III)

14. The motion was transmitted to the Lok Sabha on the 24th November, 1980 and the Lok Sabha concurred with the motion of the Rajya Sabha on the 23rd December, 1980 (Appendix IV). The message from the Lok Sabha was reported to the Rajya Sabha on the 24th December, 1980.

15. The Committee held 28 meetings, of these, one meeting (on the 4th February, 1981) was held at Calcutta; three meetings (on the 5th, 6th and 7th February, 1981) at Santiniketan; and one meeting (on the 4th July, 1983) at Ootacamund and the rest at New Delhi. (Appendix XI)

16. At its first meeting held on the gth January, 1981 the Committee decided that all the memoranda received and oral evi- dence recorded by the earlier Committee be treated as part of memoranda received and oral evidence recorded by the present Committee.

17. The Committee also decided that a fresh press communique be issued inviting views and suggestions from individuals, organi- sations and institutions interested in the subject matter of the Bill and this was accordingly issued on the 9th January, 1981. (Appendix VI)

18. Twenty fresh memoranda containing the views, comments and suggestions on the provisions and various aspects of the Bill were received by the Committee from individuals, organisations and institutions (Appendix VII)

19. The Committee also decided to invite witnesses to give oral evidence on the Bill and authorised the Chairman to invite them for the purpose. The Chairman requested Members also to suggest names of persons or associations to • be invited to give oral evidence before the Committee.

20. The Committee heard the evidence tendered by 21 wit- nesses. (Appendix VIII)

21. To make a comparative study of the functioning of various institutions in the country similar to Visva-Bharati, the Committee visited Gujarat Vidyapith, Ahmedabad and Gandhi Vidyapith, Vedchhi (Surat), from 30th July to 1st August, 1981. A study note on the Committee's visit to these institutions is appended to this Report. (Appendix IX)

22. To study the functioning of the various Departments of Visva-Bharati, the Committee visited Visva-Bharati, Santiniketan from 10th to 12 th February, 1983. A study note on the Com- mittee's visit to Santiniketan is appended to this Report. (Appen_ dix IX)

23. The Committee was to present its Report to the House by the last day of the Hundred and Eighteenth Session of the Rajya Sabha. The Committee was, however, granted seven extensions of time: to the last day of the Hundred and Nineteenth Session; to the last day of the Hundred and Twentieth Session; to the last day of the Hundred and Twenty-first Session; to the last day of the Hundred and Twenty-second Session; to the last day of the Hundred and Twenty-third Session; to the last day of the Hundred and Twenty-fifth Session, and to the last day of the Hundred and Twenty-seventh Session of the Rajya Sabha.

24. The Committee considered and adopted the Draft Report

a't its meeting held on the 4th July, 1983.

25. The Committee decided that the evidence recorded by both the earlier and present Committee should be laid on the Table of both the Houses and that a set of memoranda received by both the earlier and the present Committee from various indivi- duals, organisations and institutions be placed in the Parliament Library after the report is presented to the House, for reference by Members of Parliament.

26. The changes suggested by the Committee in the Bill and the reasons therefor are set out in the succeeding paragraphs of this Report ;—

Clause 2 (New)

In Visva-Bharati's se t up, the Bhavana does ngt have its synonym in English, because it is neither equivalent to a College nor a Faculty. The Committee, therefore, considers the assigning of any English equivalent to this word as imprecise and, therefore, the terra "Bha-

vana" without its English equivalent is retained. This would also ensure that all Bhavans are given equal status. It will also promote a corporate life in the University without any undue emphasis on the concept of a hierarchical structure. Instead of the word teacher" the word "adhyapaka" throughout the Act and the Statutes, has been substituted.

Clause 2 (original)

There being different types of institutions in Visva-Bharati, it has become difficult to refer to the institutions as a group unless a common name is used for all these institutions. The Com- mittee has, therefore, used the word "Institute" for the Bhavana, the Sadana and the Vibhaga. Each of these institutes will also have an Institute Board for its management. The Committee has, therefore, denned the term "Institute Board " for the sake of clarity.

The other amendments made in this clause are consequential.

Clause 3

The Committee feels that in addition to providing instructional and research facilities, the University should also be engaged in extension. The Committee has, therefore, incorporated the word "extension" in the new section 5A.

The Committee is of the view that the objects and ideals of Visva-Bharati as envisaged by Rabindranath Tagore should be re-affirmed and incorporated in the body of the Act in such a way that they form the axis around which the activities of the Univer- sity would rotate without deflection. The Committee has, therefore, incorporated the objects of the University in new section 5A instead, of placing them in the Schedule to the Act.

The Committee is also of the opinion that the University should in organising its activities and in the implementation of its academic programmes, have due regard to the pattern of education envisaged by Rabindranath Tagore in his writings. A new section 5B has-, therefore, been added which will be in the nature of a directive to the University.

Clause 4

This'clause deals with the powers of the University. The amend- ments made in this clause are detailed below sub-clause-wise:—

Sub-clause (1)—The Committee has for the words "Work experi- ence" substituted the words "Socially useful productive work and community service."

Sub-clause (6)—The Committee has enlarged the University's power regarding establishment, maintenance and abolition of Bhavans, Schools of Studies and Research, Chatravasas and Gym- nasia by substituting this sub-clause for the original sub-clause.

Sub-clause (8)—The Committee has enlarged the powers of the University to organise extension services and to undertake extra- curricular studies through organising the application of classroom,

library and laboratory learning to the problems of the villages as part of the curriculum. This sub-clause has been amended accord- ingly.

Sub-clause (21)—The Committee feels that the publication of literary, scientific, educational and scholarly works and books on art, aesthetics,, and other subjects aimed at a better understanding of diffe- rent cultures of the world will further the objects of the University. This sub-clause has been amended accordingly. •

New sub-clause (32)—The Committee has recommended that the University may be vested with power to establish campuses within its territorial limits so that if may regulate various services in its campuses. New sub-clause (32) has been added.

The other amendments made in this clause are consequential.

Clause 6

The Committee has recommended three new whole-time posts as mentioned below in order to organise effectively and coordinate different activities and programmes at Sriniketan, Santiniketan and different Institutes of the University:—

(i) The Director of Studies,' Educational Innovations

and Rural Reconstruction;

(ii) The Director of Culture and Cultural Relations; and (iii) The Director of Physical Education, Sports, National Service and Student Welfare.

New Sub-clauses (3), (4) and (5) have, accordingly, been added.

The other amendments made in this clause are consequential.

Clause 8

The amendment made in this clause is consequential.

Clause II

Keeping in view the importance of the functions of Institute Boards, the Committee has designated each Institute Board as an authority of the University. This clause has been • amended ac- cordingly.

Clause 12

The Committee is of the view that the Samsad (Court) be given a specific power to review, from time to time, the maintenance of standards and adherence to the objectives of the University and to suggest measures for the development and improvement of the University to be considered by the appropriate University autho- rities so that the resolutions of the Samsad (Court) are implemented. This clause had been amended accordingly.

Clauses 13, 16, 17, 18 and 19

The amendments made in these clauses are consequential,

Clause 21

The Committee is of the opinion that the Annual Report should include among other matters, the steps taken by the Uni- versity to promote socially relevant research in physical and social sciences, weaker sections' need-oriented extension activities and inte- gration of the community life of the university with that of the wider world. The Committee also feels that provision should be made for submission of the Annual Report to the Central Government which shall cause the same to be laid before both the Houses of Par- liament. This clause has been amended accordingly.

Clause 22

The amendment made in this clause is consequential.

Clause 24

The amendment made in this clause is consequential.

Clause 26

The amendments made in this clause are detailed below sub- clause-wise :-—

Sub-clause (3)—The Committee is of the view that a nominee of the Samsad (Court) should be included in the Selection Com- mittee for the nomination of the Upacharya (Vice-Chancellor). The composition of the Selection Committee has been modified accordingly.

Sub-clause (4)—The Committee has added three new statutes 4A, 4B and 4C providing for the manner of the appointment, emolu- ments and odier conditions of service and powers and functions of the three newly proposed posts of Directors.

Sub-clause (6)—The Committee has modified the composition of the Samsad (Court) so as to provide suitable representation to the ' Adhyapakas, atid non-teaching staff on the principle of rotation according to seniority and to students on merit. Statute 11 has been amended accordingly.

The Committee has recommended the replacement of the system of elections to the Samsad (Court) by the system of rotation "by seniority in the case of teaching and non-teaching staff and by nomination based on merit in the case of students. The reasons for this change relate to the concept of the University as a centre of study, reflection and research in which the teachers and students are partners. Rabin- dranath Tagore conceived of such a system of corporate and harmo- nious living in the University instead of a system which promotes competition and conflict. In agreeing with this position, the opinion of the majority of the members of the Committee was further streng- thened by the current trends towards growing violence and politi- calisation of University life, which elections seem to promote.

Sub-clause (7)—The Committee feels that the report on the working of the University during the previous year to be presented a\ &R 1J tHB GAZETTE Of iNDlA EXTRAORDINARY 11

meeting of the Samsad (Court) should specially mention the steps taken to promote socially relevant research in physical and social sciences, weaker sections' need-oriented extension activities and in- tegration of the community life of the University with that of the wider world.

As a result of the revised Constitution of the Samsad (Court), the Committee has suggested that 30 members of the Samsad (Court), out of whom not less than 5 shall be members other than the represen- tatives of the employees or students of the University, shall form a quorum for a meeing of the Samsad (Court)

Statute 12 has been amended accordingly.

The Committee has revised the constitution of the Karma-Samiti (Executive Council) suitably to give due representation to the Adhy- aksbas and Adhyapakas of the Institutes on the principle of rotation according to seniority.

In order to safeguard the interests of Adhyapakas and officers, the Committee is of the view that no action in respect of the number, qualifications, emoluments and other conditions of service of Adhya- pakas and officers shall be taken by the Karma-Samiti (Executive Council) without consulting the Siksha-Samiti (Academic Council). A proviso has, therefore, been added to statute 14 (i).

The Committee has suitably modified the constitution of the Siksha-Samiti (Academic Council) so as to give due representation to the Adhyapakas of the University on the principle of rotation accor- ding; to seniority and to provide for nominees of the Paridarsaka (Visitor). Due representation has also been provided to the students on the basis of merit in studies, sports, extra-curricular activities. Statute 15 has been amended accordingly.

A list of all the Institutes at Santiniketan, Sriniketari and Calcutta indicating the composition and functions of the Institute Board for management of every Institute has been provided in new Statute ig.

The Committee has suggested the composition of a Central Admis- sion Committee to lay down principles governing admission to differ- ent courses of the University and review the admission policy also, from time to time, in Statute 20C. The Committee has elaborated the functions of separate Admission Committees for different Institutes in Statute 20D.

The Committee has modified the composition of the Selection Committee so as to incorporate the newly created posts of three Dir- ectors in Statute 20F. Suitable provision has also been made for the constitution of Selection Committee for the Adhyakshas of the In- stitutes, not otherwise provided.

The Committee has recommended an Advisory Council for Ed- ucational Innovation, a Standing Committee of the Academic Council in order to review the present educational system at Visva-Bharati in the light of the teachings of Rabindranath Tagore and to' suggest ways and means for embodying the educational ideas of

Rabindranath Tagore in the educational system of the University. A new Statute 20H has been added accordingly.

To provide students with an opportunity of participating in- the life and work of the University and providing them with a forum to express their needs, problems and suggestions, a Students Council has been proposed in a new Statute 20I.

The other amendments made in this clause are consequential.

27. The other changes made in the Bill are of consequential, verbal or drafting nature.

28. The Committee draws the attention of the Government td the problems created by the fact that the University has no boundary wall or demarcating line and there are people having nothing to do with the University living within its campus, enjoying its facilities but contributing nothing towards their maintenance, The absence of a local body which could concern itself with the provision of civic amenities is a lacuna. It appears imperative that these problems be resolved in a satisfactory manner, without delay, in the interest of the healthy functioning of the University. ^

29. The Committee recommends that at the appropriate time a representative of the Muncipality or the Panchayat be considered . for nomination to the Samsad (Court).

30. The Committee received evidence that the University's func- tioning, particularly, in the Science Departments, Sriniketan, Kali Bhavana, Sangeet Bhavana and in the provision of hostel Facilities, was hampered by inadequate funds. It recommends that the Govern- ment call the attention of the University Grants Commission to this, so that it may be examined and adequate* funds provided for the proper functioning of the University in accordance with the provisions of the amended Act.

31. The Committee recommends that the Bill, as amended, be

passed.

NEW DELHI; MALCOLM S. ADISESHIA

August 2, 1983. Chairman, Joint Committee.

MINUTES OF DISSENT

I

The Visva:Bharati (Amendment) Bill, 1978 seeks to regulate the functioning of an institution which is closely associated with the name and ideals of Rabindranath Tagorc. The Present Bill claims that every effort will be made to preserve and promote the unique character and ideals for which the great institution was established by Tagore.

But the Bill, as amended, has failed to fulfil its pious declarations made in the "Statement of Objects and Reasons". It has totally belied the hopes and aspirations of the members of the public in general and of the educationists and different components of the University, i.e. teachers, students, non-teaching staff and research scholars in particular. With a view to making the Bill ideal, flawless and operatio- nally fruitful, keeping in mind the ideals and democratic spirit of Tagorc, we suggested some amendments. Our amendments were perfectly in line with the democratic ideals cherished in the Preamble to the Constitution of India and with the backdrop of social change blowing all over the Country.

A careful scrutiny of the amendments, that we moved would amply bear out the validity of our humble.assertion. It is unfortunate that our only one amendment (as an addendum) relating to the De- partmental Committee as clause 16 (A) of the statutes has partially been accepted while others have not been taken in spite of their validity, relevance and importance.

Now let us take the opportunity of referring to some of our amend- ments touching a few specific clauses.

Clause 8

The Upacharya (Vice-Chancellor) 19 the keyman in whom and on whom largely depends the name and fame of the Visva-Bharati founded by Rabindranath. For preserving and promoting the ideals for which the institution was established we suggested.

Page 7: "14(1) The Upacharya (Vice-Chancellor) shall be appoin- ted from among persons who are profoundly versed in the ideals of Tagore, the tradition and culture of Visva-Bharati and preferably having recognised contributions in the field".

In appointing such a key-person, the principal executive and aca- demic officer of the University, we thought that emphasis should be given mainly on the collective wisdom of the Samsad (Court) the highest policy making body where all the creams of the different segments of the life and administration of the University will be represented, Our proposals were as under :

Page 7: "14 (2) The Upacharya (Vice-Chanccllor) shall be appointed by the Paridarsaka (Visitor) on the recommendation of the Samsad in such manner, for such term and on such emoluments and other conditions of service as may be prescribed by the Statute."

Page 19 : In clause 26 relating to the Upacliarya we also suggested "(2) The Upacharya (Vice-Chancellor) shall be appointed by the Paridarsaka on the recommendation of the Samsad in a meeting called for the purpose. But if the Samsad fails to make a ' unanimous re- commendation, it will in that case recommend to the Paridarsaka a panel of three names proposed in the meeting of the Samsad and the Upacharya shall be Appointed by the Paridarsaka from that Panel.'*

We took note of democratic principles and processes of democra- tisation while placing our amendments concerning the composition and character of various bodies and authorities of the University. Democracy is the cherished goal laid down in our Constitution. It will, therefore, be carried to its logical extension to the institutional structurers of a University Administration.

Democratic values demand not only the increased representattCHi of the interests of the various components in the University managet- ment bodies but also the principle of election as the only acceptable mode of representation. Judged by the standard of democratic norms the present Visva-Bharati (Amendment) Bill has a lag.

In different bodies, for many segments, the right to elect their own representatives has been trampled down. Instead, the principle of nomination on the basis of 'seniority' has been accepted. We strongly decry this nomination on the basis of seniority and suggest election as the sole basis of representation everywhere.

Our arguments in favour of 'election' as opposed to 'seniority' principles may be summarized as follows :—

(i) Elective principle is in consonance with the doctrine of demo- cracy, providing the highest form of legitimacy to the policy making body and engendering greater self-confidence in the representatives as they are backed by the support of the majority of the electoral body, This also gives a high degree of credibility to the policy-deeiskHiv These virtues are conspicuous by their absence m the* case of 'seniority' principle.

(ii) Mere seniority rule ignores ability; for only yourtff.or old age and ability do not always go together. An academic body or bodieft charged with formulation of previous policies can serve their purposes fruitfully and efficiently only when their members are men of ability. The- seniority rule cannot ensure this quality in the members, while the elective principle can as the able persons would be choasn by the electorates. Age alotoe, young or old; is never any qualification, far less a disqualification. The electors must be free to chooser the aJe>le old or the able young, or a synthesis of both.

(iii) Seniority is, not unoften, associated with an attitude of renunciation. But the virtues demanded of the representatives are enthusiasm, orginality and vigour. Election provides scope for bring- ing in men of initiative, enterprise and courage. A reluctant or in- different 'senior' can hardly make any contribution to the cause for which he has been nominated.

(iv) Persons who come to office by virtue of seniority only, will be burdened with age. But election can largely eliminate this defect by inducting into office men, old or young, irrespective of age, known for refreshing thought, never shy of giving up the outworn ways and breaking fresh ground in their earnest endeavour for introducing improvement in the existing system.

(v) The mere seniority rule discourages any attempt to achieve recognition and high office by hard work and demonstration of skill.

(vi) Automatic entry into the policy making body by virtue of seniority carries no accountability, which in turn, has demoralising effects on all concerned willing participation and involvement of all concerned is a desirable feature for a virile body which can only be achieved by the mechanism of election; for election fosters the sense of participation as all are allowed to take part in governance through their elected representatives. We, therefore, suggested election in place of seniority.

Page 24 : Clause 26 (6.4) (1)

"(1) Every Adhyaksha (Principal) of a Bhavan other than Rabi- ndra Bhavan and Patha Bhavan shall be appointed by the Karma Samiti on his election among the Professors of the Bhavana by the teachers of the Bhavana for a period of two years; provided that if at any time there is only one professor or no "professor, the Adhyaksha shall be elected from amongst the Professors and Readers of the Bhavana."

Page 3 Regarding The (Siksha-Samiti Academic Council): Clause 26

(15). (0 (")

Substitute "Fifteen Professors to be elected from among them-

selves, not more than one being from one department".

We demanded an increase in the number of representatives of teachers, and non-teaching staff on the Samsad [Clause 26 (II)] and also of representation of the research scholars. The Bill allowed only ten teachers, representatives at the University level on the Samsad (five Professors+two Readers+three lecturers). We wanted fifteen teachers to be elected by all categories of teachers jointly, of whom at least one shall be from each Bhavana. As for non-teaching staff the number of representatives should be increased to five from the existing provision of three. Research scholars, being very much a part and parcel of the University components, should get representa- tion. In the Bill as they are excluded for this purpose, we demand two for them on the Samsad. The Samsad has been suffering from non-representation of the Research Scholar's interest. Without the elected Representatives of teachers, employees etc. no University can function smoothly, far less Visva-Bharati.

In the process of democratisation and carrying out the ideals of the Visva-Bharati a few words must be said. The Bill itself at page 4, speaks of rural reconstruction, social welfare, and all other nationr building activities and works for the benefit of the public as some of the powers of the University. To implement such powers effectively, participation of the local M.P. and representatives of the local Pan- chayat is all the more necessary in the highest policy making body. We suggested inclusion of the local M.P. on the Samsad, one person of the local body, viz Municipality or Panchayat to be nominated by the Samsad. It is imperative that Visva-Bharati should not be* cut off from the streams of local public life. Inclusion of local M.P. and a local body member will help eli minate the sense of alienation of the local masses from the University affairs.

NEW DELHI : SANTOSH MITRA July 24, 1983. SARADISH ROY

n

I do not agree with some provisions of the Bill—"The Visva- Bharati (Amendment) Bill" as passed by the Joint Select Committee. The sections relating formation of he Samsad, the Karma Samiti, the Siksha Samiti etc. are really replacing .the principle of election to the principle of nomination. It is not the teachers or the non- teaching staff or the students who will decide by election as to who will represent them in various Samitis. They will be nominated or co- opted as per seniority, efficiency, merit and what not. I do under- stand that the Committee might be worried regarding the present situation obtaining in various universities which are sometimes not favourable for advancement of studies. But the principle of election has very little to do in this regard. Many other basic and important factors are responsible for- the unfavourable atmosphere in the universi- ties. The principle of election to various Samities or committees has very little to do in this regard. But by replacing the principle of elec- tion in matter of formation of various Samities with the representa- tives of teachers, non-teaching staff and the students etc. by the prin- ciple of nomination, the bill will objectively help growth and streng- thening of bureaucracy, factionalism, jealousy, favouritism and heart burning. All these may lead to unwanted situation in the uni- versity.

Moreover, if the highest organ of the country can go on by the principle of election, I find no reason why such Samities cannot take a few elected representatives in them. I say a few elected members for there is a large number of members in such Samities who are there by dint of their official posts. I strongly resent the principle of rotation and nomination in this bill instead of election in the above matter for formation of Samities, for I feel this will lead to end of demo- cratic election and will have far reaching consequences.

Hence, I submit this note of dissent and hope the Parliament will give consideration to this aspect during debate.

NEW DELHI. NARAYAN CHOUBEY

July 26, 1983.

Bill No. II-B of 1978

THE VISVA-BHABATI (AMENDMENT) BILL, 1978

( AS REPORTED BY THE JOINT COMMITTEE)

[Words side-lined or underlined indicate the amendments suggested by the Committee; asterisks indicate omissions.]

A

BILL

further to amend the Visva-Bharati Act, 1951.

BE it enacted by Parliament in the Thirty-fourth Year of the Republic

of India as follows:—

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

1983.

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

may, by notification in the Official Gazette, appoint.

Short title and com- mence- ment.

ae of 1051.

2. Throughout the Visva-Bharati Act, 1951 (hereinafter referred to as the principal Act), and in all Statutes made thereunder, unless other- wise expressly provided—

(a) for the words and brackets "Bhavana (College)" the word

"Bhavana" shall be substituted;

(b) for the word "teacher", the word "adhyapaka" shall be sub- \

stituted.

Substi- tution of certain ex- pressioni for ' certain other ex- ; piVMlOM.

3. For section 3 of the principal Act, the following section shall be Bubati-

substituted, namely: —

*tution

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

of new section for section 3. 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) "adhyapaka" includes a Professor, Reader, Lecturer and any other person engaged in imparting instruction in relation to any learning process and designated as an adhyapaka by the Ordinances;

(d) "Alumni Association" means the Association of the

Alumni of the University, constituted under the provisions of this Act and the Statutes;

(e) "approved institution" means an institution (not being

an institution maintained by the University) of higher learning or studies approved by the University; * * * **

(f) "Bhavana *•*" means an academic institution main- tained by the University and named as such;

* * * **

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

(h) "Chatravasa * * *" means a unit of residence, or of corporate life, for the students oJ! the University, provided, maintained or recognised by the University;

(i) "Department" means a Department of Studies and in-

cludes a centre of studies established by, or under, the Statutes;

(j) "employee of the University" means any person appoint- ed by the University or any Institution, and includes an em- ployee of a Bhavana * * •;

(k) "Institute Board" means a Board constituted by the University for the management of an Institute;

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

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

*

(n) "PatharSamiti (Board of Studies)" means a Board constituted by the University for the regulation of studies;

{o) "prescribed" means prescribed by Statutes, Ordinances or Regulations;

(p) "Samsad (Court)" means the Samsad (Court) of the

University;

(q) "Siksha-Samiti (Academic Council)" means the Siksha-

Samiti (Academic Council) of the University;

(r) "Statutes", "Ordinances" and "Regulations" mean, respectively, such Statutes, Ordinances and Regulations of the University as are for Lhe time being in force;

* + * * *

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

Bharati and incorporated as a University under this Act.". 4. After section 5 of the principal Act, the following sections shall be

nserted, namely: —

Insortion of new sections

5Aand 5B, "5A. (1) The objects of the University shall be to disseminate and advance knowledge * * * and understanding by providing instructional, -extension and research facilities and by the example

The objects of the Uni- versity J> and influence of its corporate life, * * * and the University shall, in organising its activities, have due regard to the following objects for which the Visva-Bharati at Santiniketan was founded by Rabindranath Tagore, as expressed in his own words, namely: —

(i) to study the mind of Man in its realisation of different aspects of truth from diverse points of view;

(ii) to bring into more intimate relations with one another, through patient study and research, the different cultures of the East on the basis of their underlying' unity;

(Hi) to approach the West from the standpoint of such a

unity of the life and thought of Asia;

(iv) to seek to rca'ise in a common fellowship of study the meeting of the East and the West, and thus ultimately to strengthen the fundamental conditions of world peace through the establishment of free communication of ideas between the two hemispheres; and

(u) with such ideals in view to provide at Santiniketan aforesaid a Centre of Culture where research into and study of the religion, literature, history, science and art of Hindu, Bud- dhist, Jain, Islamic, Sikh, Christian and other civilisations may be pursued along with lhe culture of the West, with that simpli- city in externals which fc necessary for true spiritual realisation, in amity, good fellowship and cooperation between the thinkers and scholars of both Eastern and* Western countries, free from all antagonisms of race, nationality, creed or caste and in the name of the One Supreme Being who is Shantam, Shivam, Advaitam.

(2) The objects of the University shall also include harmonising the cultures of India, thP East and the West by, among other things, the admission of students and appointment of adhyapakas from various regions of India and various countries of the world, and by providing incentives therefor.

5B. The University shall, in organising its activities and the implementation of its academic programmes, have due regard to the pattern of education envisaged by Rabindranath Tagore in hl" writings.".

Princl- plea to be follow- ed In orjg*, nidlug acti- vities •fthe Uni- versity.

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

substituted, namely: —

Substitu- tion of new sec- tion fbr section ft.

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

Powers of the Uni- versity.

(2) to provide facilities for studies, instruction, socially use- ful productive work and community service and research in such orancnes of learning as may be deemed desirable and found practicable by the University and for the promotion of under- standing of cultures between the East and the West and for the advancement of learning and dissemination of knowledge gene- rally;

(2) to undertake educational experiments and evolve con- tents, 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 institutions or bodies as the University may deem necessary;

(4) to co-operate, collaborate or associate with any other University, 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 with- draw such approval;

(6) to establish and maintain such Bhavaftas, Schools of Studies and Research, Chatravasas, Gymnasia and such other institutions as are deemed necessary, from time to time, for the development of a healthy corporate life in the University and to abolish any such Bhavana, School, Chatravasa, Gymnasium or other institution;

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

(8) to organise the application of class room, library and laboratory learning to problems of the villages as part of the curriculum;

(9) to undertake the promotion of adult education, rural re- construction, co-operative organisations social welfare, devriop-

ment of cottage industries and all other nation-building activities and works for the benefit of the public;

(30) to establish such examination centres and to recognise such certificates, as may be necessary to give effect to the provi- sions 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 modes 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 and the methods of admission to courses of the University, which methods shall include examinations, evaluation and other modes 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; ;

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

(17) to create such teaching and other academic posts as may be required by the University and to appoint persons to such posts;

(38) to appoint Visiting Professors, Emeritus Professors, Fellows, Scholars, Resident Artists, Resident Writers or such 6ther 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 adhyapakass of the University;

(20) to approve persons working in—

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

(b) any approved institution, for imparting instruction or supervising research, or both, and to withdraw such approval;

(21) to undertake publication of literary, scientific, educa- tional and scholarly works and books on art, aesthetics and other subjects aimed at better understanding of the different cul- tures of the world and furthering thereby the objectives of the University;

(22) to appoint persons working in any other University, Institution or organisation as adhyapakas of the University for

a specified period;

(23) to create administrative, ministerial and other posts In

the University and to make appointments thereto;

(24) to provide for the terms and conditions of service of employees, whether employed by the University or any Insti- tution;

(25) to regulate the conduct and duties of the employees of

the University;

(26) to regulate and enforce discipline among the em- ployees of the University and to take such disciplinary measures in this regard as may be deemed necessary;

(27) to make arrangements for promoting the health and

general welfare of the employees of the University;

(28.) to demand and receive payments of fees and other

charges;

(29) to institute and award fellowships, scholarships, student-

ships, medals and prizes;

(30) to receive benefactions, donations and gifts, and to acquire, hold, manage and dispose of any property, movable or Immovable, including trust and endowment properties, for the purposes of the University;

(31) to borrow, with the approval of the Central Govern- ment, whether on the security of the property of the University or otherwise, money for the purposes of the University;

(32) to establish campuses within the territorial limits of

the University specified in the Second Schedule;

(33) to admit students of any other University or College whether in India or outside to any examination of the Univer- sity subject to such conditions as the University may lay down for the purpose;

(34) to do all such acts and things as may be necessary or incidental to the exercise of all or any of the powers of the University or as are necessary or conducive to the attainment of all or any of the objects of the University.".

6. For section 10 of the principal Act, the following section shall be

substituted, namely: —

Substitu-

tion of

now Sec-

tion, for

section 10.

"10. (1) The President of India shall be the Paridarsaka,

(Visitor) of the University,

Th" P"rl-

dwraka

(Visitor).

(2) Subject to the provisions of sub-sections (3) and (4), the Paridarsaka (Visitor) shall have the right to cause an inspection to be made, by such person or persons as he may specify, of the Uni- versity, its buildings, laboratories and equipment, and of any Bhavana * * * or other Institution, and also of the examinations, teaching and other work conducted or done by the University, Bhavana * * * or other Institution; and to cause an inquiry to b"

made in like manner in respect of any matter connected with the administration or finances of the University,.

(3) The Faridarsaka (Visitor) shall give notice to the University of his intention to cause an inspection or inquiry to be made and the University shall, on receipt of such notice, have the right to make, within thirty days or such other period as the Paridarsaka (Visitor) may determine, from the date of receipt of the notice, such repre- sentations to the Paridarsaka (Visitor) as it may consider necessary.

(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 Upacharya (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 Poridor- saka (Visitor), the Upacharya (Vice-Chancellor) shall communicate forthwith to the Karma^Saimti (Executive Council) the resulta 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' Karma-Samiti (Executive Council) shall communicate 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 of 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 Karma-Samiti (Executive Council), issue such directions as he may think fit and the Karma~Samiti (Executive Council) shall be bound to comply with such directions.

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

Provided that 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 Paridcvrsaka (Visitor) shall have such other poweri as may be specified in the Statutes.".

7. For section 12 of the principal Act, the following section shall be Substitu- tion oi

substituted, namely: —

new section lor section

12.

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

Officers of tha Univer- iity.

(1) The Acharya (Chancellor);

(2) The Upacharya (Vice-Chancellor);

(3) The Director of Studies, Educational Innovations and

Rural Reconstruction;

(4) The Director of Culture and Cultural Relations;

(5) The Director of Physical Education, Sports, National

Service and Student Welfare;

(6) Karma-Sachiva (Registrar);

(7) Vitta-Adhikari (Finance Officer);

(<5) Adhyakshas of Bhavanas ***; and

(9) such other officers as may be declared by the Statutes

to be officers of the University.".

8. In section 13 of the principal Act, for sub-sections (1) and (2),

le following sub-sections shall be substituted, namely: —

An^snd- memt 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 Bub- section (2A).

(2A) The Karma-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 Paridarmka (Visitor) does not approve of any of the persons specified in the panel prepared and recommended by the Karma-SamiU (Executive Council), he may call upon the Karma-Samiti (Executive Council) to prepare 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.".

9. For section 14 of the principal Act, the following section shall be

substituted, namely: —

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

"14. (1) The Upncharya (Vice-Chandellor) 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.

The Upa- charya (Vicc- Chancel- lor).

(2) The Upacharya (Vice-Chancellor) shall be the principal executive and academic officer of the University, and shall exercise general supervision and control over the academic affairs of the University and all Bhavanas *"* and other Institutions and give effect to the decisions of all the authorities of the University.

(3) The Upacharya (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 by or under this Act and shall report to such authority the action taken fry 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 Paridarsaka (Visitor) whose decision thereon shall be final:

Provided further that any 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-Samiii (Executive Council) within ninety days from the date on which such action is communicated to him and thereupon the Karma-Samiti (Executive Council) may confirm, modify or reverse the action taken 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.".

10. Section 15 of the principal Act shall be omitted.

omission of section 15

11. For sections 16 and 17 of the principal Act, the following sections

Jhall be substituted, namely: —

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

"16. (1) The Karma-Sachiva (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 Karma- 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.

17. (2) All officers of the University, other than the Acharya Other officers.

(Chancellor), the Upacharya (Vice-Chancellor) and the KarrrtM~ 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 powery and functions of the officers appointed under sub-aection (1) shall be such as may be prescribed by the Statutes.".

12. In section 18 of the principal Act,—

(1) in clause (3), the word "and" occurring at t ht end shall be Amend- ment Of section 18,

omitted;

(iii) clause (4) shall be rc-numbered as clause (6), and before clause (6) as so re-numbered, the following clauses shall be inserted, namely: —

"(4) The Artha-Samiti (Finance Committee);

(5) The •** Institute Board; and".

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

hall be substituted, namely: —

Substitu- tion of new sec- tion for sections 19, 20 and 21

The Samsftd

(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 Sarmad (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, including the maintenance -oi standards and adherence to the objectives of the University and to suggest measures for the development and improvement oi the University which shall be considered by the appropriate authorities 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.".

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

shall be substituted, namely: —

Substitu- tion of new Be*' tlon for geotlons 22 "* M-

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

(2) The constitution of the Karma-Samiti (Executive Council)

The Karma- Samitt (Execu- tive Coun- cil).

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 ot the University and to conduct all administrative affairs of the University 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 adhyapakas and academic staff employed by the University:

Provided that before determining the number, qualifications and emoluments of adhyapakas and other academic staff, the Karwa-Samiti (Executive Council) shall consider the recom- mendations of the Siksha-Samiti (Academic Council);

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

(d) to provide for the appointment of Visiting Professors, Emeritus Professors, Fellows, Scholars, Resident Artists and Re- 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 appoint such agents as it may think fit;

(f) to invest any money belonging to the University, includ- ing any unapplied income, in such stocks, funds, shares or secu- rities as it thinks fit, or in the purchase of immovable property in India;

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

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

Amend- ment of section 24.

(0 for the words "the academic body", the words "the principal

academic body" shall be substituted;

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

16. For section 25 of the principal Act, the following section shall be

substituted, namely: —

Subutlta- tion of new sec- tion for section 23, Other authori- ties o* the Uni- versity.

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

17. For section 27 of the principal Act, the following section shall be

substituted, namely: —

Substitu- tion of new lec- tion for section 27.

Statutes.

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

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

(a) the manner of appointment of the Vpacharya (Vice- 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 that may be performed by him;

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

(e) the constitution of the Samsad (Court), the term of

office of its members and its powers and functions;

(/) the constitution of the Karma-Samitt (Executive Coun- cil), the term of office of its members and its powers and func- tions;

(ff) the constitution of other authorities or bodies of the University, the term of office of their members and their powers and functions;

(h) 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;

(i) the appointment of adhyapdkas and other academic staff

and other employees of the University and their emoluments and other conditions 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 an adhyapaka of the University or to any other gcad.e.mic post the salary of such person together with the pen-

sion and other benefits shall not exceed the salary payable to him in accordance with the Statutes;

(j) the appointment of adhyapakas and other academic staff working in any other University, institution or organisa- tion for a specified period for undertaking a joint project;

(k) the appointment of Visiting Professors, Emeritus Pro- fessors, Fellows, Scholars, Resident Artists and Resident Writers, and the terms and conditions of such appointment;

(I) the constitution of a pension or provident fund or the establishment of an insurance scheme for the benefit of the employees of the University;

(m) the principles governing seniority of service" of the employees of the University;

(n) the procedure in relation to any appeal or application for review by any employee or student of the University, against the action oE any officer or authority of the University, including the time within which such appeal or application for review may be preferred or made;

(0) 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;

(s) the establishment and abolition of *** Bhavanas *** Departments ( Chatravasas *** and other institutions and their management, supervision and inspection;

(t) the regulation of the conduct and duties of the employees of the University and the conduct of the students of the Uni- versity;

(u) the establishment of campuses, special centres, specia-

lised laboratories or other units for research and instruction;

(u) 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 Asso-

ciation;

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

(2) all other matters which, by this Act, are to be, or may

be, provided for bv the Statutes,",

18. In section 28 of the principal Act, for sub-section (1), the follow- ing sub-section shall be substituted, namely:—

Amend, ment of section 28.

"(1) On the commencement of the VisvarBharati (Amend- ment) Act, 1983, the Statutes in force immediately before such commencement, as amended by that Act, shall be the Statutes of the University."

lfl. For sections 29 and 30 of the principal Act, the following sections •hall be substituted, namely:—

Substitu- tion of new sec- tions for sections 2ft and ³

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

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

Matters to be provided for in th" Ordinarr- ces

(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) the purposes for which certificates awarded by the Loh Siksha-Samsad (People's Education Council) of the University may be recognised by the University,

(e) the fees to be charged for courses of study in the Uni- versity and for admission to the examinations, and processes of evaluation, degrees, diplomas and certificates of the University;

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

(g) the conduct of tests, evaluations and examinations, including the terms of office and manner of appointment and duties of examining bodies, examiners, moderators and persons entrusted with the responsibility of evaluation;

(h) the conditions of residence of the students of the Uni- versity and the special arrangements, if any, for tbe residence of women students;

(i) the special arrangements, if any, which may be made for the discipline -ind 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;

(k) 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 persons working In an approved institution, or in any institution co-operating, colla- borating or associating with the University, may be approved as adhyapakas 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

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

Power to make Ordi- nances.

30. (1) The Ordinances in force immediately before the com- mencement of the Visva-Bharati (Amendment) Act, 1983, may be amended, repealed or added to, at any time by the KafmdrSamitt (Executive Council):

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

(2) The Karma-Samiti (Executive Council) shall not have power to amend any draft proposed by the Siksha-Samiti (Academic Coun- cil) under the provisions of sub-section (1), but may reject the pro- posal or return the .draft to the Siksha-Samiti (Academic Council) for reconsideration, either in whole or in part, together with any amendments 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-Sumiti (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 member- ship 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-Samlti (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 com- ments of the University, either withdraw the order directing the suspension of the Ordinance or disallow the Ordinance and his decision thereon shall be final.".

20. In section 32 of the principal Act, for the words and brackets

"Bhavana (College) or Chatravasa (Hostel)", the word "Chatravasa"

"hall be-substituted,

Amend- ment of aection 32.

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

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

Amend-

ment of

section

34.

22. For sections 35 and 36 of the principal Act, the following sections shall be substituted, namely: —

Substltutloi of new sections for section 35 and 36

"35. (i) The annual report of the University shall be prepared under the directions of the Karma-Samiti (Executive Council) which shall include, among other matters, the steps taken by the University to promote socially relevant research in physical and social sciences, weaker sections' need oriented extension activities and integration of the community life of the University with that of the wider world.

(2) The annual report 30 prepared shall be submitted to the Samsad (Court) on or before such date as may be prescribed by the Statutes and shall be considered by the Sarnsad (Court) in its annual meeting.

(3) The Samsad (Court) may communicate its comments on the annual report to the Karma-Samiti (Executive Council) and the Paridarsaka (Visitor).

(4) A copy of the annual report, as prepared under sub-section (1) shall also be submitted to the Central Government which shall, as soon as may be, cause the same to be laid before botn the Houses of Parliament.

Annual accounts.

36, (1) The annual accounts and balance-sheet of the University shall be prepared under the direction of the Karma-Samiti (Execu- tive 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 in this behalf.

(2) A copy of the accounts together with the audit report shall be submitted to the Samsad (Court) and the Paridarsaka (Visitor)

along with the observations of the Karma-Samiti (Executive Coun- cil).

(3) Any observations made by the Paridarsaka (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 India.".

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

shall be substituted, namely: —

Substitu- tion of now sections for sec- tions 37 and 38.

Adhya-

37. (i) No adhyapaka of the University shall be appointed to a

pakas of 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.

(2) The contract referred to in sub-section (1) shall be lodged with the University and a copy thereof shall be furnished to the adhyapaka concerned.

tbTTjni^ versity to be ap- pointed under a written contract.

(3) In the case of an adhyapaka appointed by the University before the commencement of the Visva-Bharati (Amendment) Act, 1983, the contract in force immediately before such commencement, in relation to his emoluments, shall, to the extent of any inconsis- tency with the provisions of this Act or the Statutes or the Ordi- nances, be deemed to have been modified by the said provisions and where there is no such contract and the adhyapaka is a salaried adhyapaka appointed to a permanent post, a written contract shall be executed by, and between, such adhyapaka and the University within a period of six months from the commencement of the Visva- Bharati (Amendment) Act, 1983.

38. (1) 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 adhyapaka, be referred to a Tri- bunal of Arbitration which shall consist of one member nominated by the Karma-Samiti (Executive Council), one member nominated by the adhyapaka concerned and one member (who shall act as

umpire) nominated by the Paridarsaka (Visitor).

(2) Every request made under sub-section (1) shall be deemed to be a submission to arbitration upon the terms of this section

10 af 1940.

within the meaning of the Arbitration Act, 1940, and all the provi- sions of that Act, with the exception of section 2 thereof, shall apply accordingly,

(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 staee 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 p o w e r-

fa) to regulate its own procedure;

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

(c) to award salary to the adhyapaka concerned, after de- ducting therefrom such income, notbeingincome from property, as such adhyapaka might have derived during the period of his

suspensionorduring 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 have been derived by the adhyapaka concerned shall not be taken into account if, at the

time when the income was derived, he could have derived such in- come 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 lie in any court in respect of any matter which is required by sub-section (1) to be referred to the Tribunal of Arbitration.

38A. (1) The Upacharya (Vice-Chancellor) may, by order in writing, place an adhyapaka or other member of the academic staff ^3ider suspension—

Power to suspend Adhya- paka,

(a) where a disciplinary proceeding against such adhya-

paka or other member is contemplated or is pending; or

or other member of acade- mic fitafF.

(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 (I), the circumstances in which such order has been made shall be reported forthwith to the Karma-Samtii (Executive Council).

(3) The Karma-Samiti (Executive Council) may, within fifteen days from the date of receipt of the report referred to in sub-Section (2), 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 appea.1 to the

Karma-Samiti (Executive Council) within thirty days from the date on which such order is communicated to him and the Karma-Samiti (Executive Council) may confirm, modify or reverse the order appealed against.

38B, (1) No adhyapaka, or other member of the academic staff,

appointed 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).

(2) No adhyapaka, or other member of the academic staff, ap-

Authori- ties by whom order for re- moval or dismissal of Adhya- pointed by theuniversity shall be dismissed or removed from ser- vice 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:

paka, etc., may be made and the proce- dure therefor.

Provided that where it is proposed after such inquiry, to impose upon the adhyapaka or other member of the academic staff any punishment, such punishment may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such adhyapaka or other member of the academic staff any

opportunity of making representation on the punishment proposed, (3) The Karma-Samiti (Executive Council) shall be entitled to dismiss or remove from service, without holding any such inquiry as is referred to in sub-section (2), an adhyapaka, or other member of the academic staff, of the University, where the Karma-Samiti (Executive Council), for reasons to be recorded in writing, is satisfied that such adhyapaka or other member of the academic staff—

(o) Is of unsound mind or is a deaf-muta or suffers from con- tagious leprosy; or

(b) Is an undischarged insolvent; or

(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, an adhyapaka, or other member of the academic staff, appointed by the University shall take effect from the date on which the order of dismissal or removal from service Is made or other punishment is imposed:

Provided that, where the adhyapaka or other member of the aca- demic staff is under suspension at the time when the order for his dismissal or removal from service is made or other punishment is imposed, such order may, if the Karma-Samiti (Executive Council) so directs, take effect from the date on which he was placed under suspension.

(5) Notwithstanding the terms of contract between the Uni- versity and an adhyapaka, or other member of the academic staff,

appointed by the University, such adhyapuka 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-Samiti (Executive Council) or by

paying to the University three months' salary in lieu of such notice; or

(b) 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-Samiti (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 Karma-Samiti (Executive Council).

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

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

"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.

1 of 1872 44B. A copy of any receipt, application, notice, order, proceed- ing or resolution 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 Karma-Sachiva (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.".

25. The First Schedule to the principal Act shall be omitted.

Omission

26. In the Second Schedule to the principal Act,—

(f) for the figures and words "11.5 square miles", the figures and word "3000 hectares" shall be substituted;

of Firat Schedule, Amend, merit of Second Sche- dule.

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

27. Notwithstanding anything contained in the principal Act, the Statutes of the University shall stand amended as follows:—

* (3) for Statute 1, the following Statute shall be substituted, namely:—

Amend- ment oi Statute "•••••••

'1. Definitions

In these Statutes, unless the context otherwise requires,—

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

20 of 1901.

(b) "section" means a section of the Act;

(c) words and expressions used but not defined herein shall 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)

(2) The Upacharya (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 one shall be nominated by the Samsad (Court), one by the Karma-Samiti (Executive Council) and one by the Paridarsaka (Visitor), and the person nominated by the Paridarsaka (Visitor) shall be the Chairman of the Com- mittee:

Provided that no person who is an employee of the Univer- sity or a member of the Samsad (Court), Karma-Samiti (Exe- cutive Council) or SiksharSamiti (Academic Council) shall be nominated to be a member of the committee.

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

Provided that the Paridarsaka (Visitor) may require any Upacharya (Vice-Chancellor), whose term has 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 the Upacharya (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 shall be entitled, without payment of rent, to the use of a furnished residence throughout his term of office and no charge shall fall on the Upacharya (Vice-Chancellor) per- 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 Upacharya (Vice-Chancellor) his salary shall be fixed after taking 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 Karvia-Samiti (Executive Council) with the approval of the Paridarsaka (Visitor) from time to time:

Provided that where an employee of the University or flriy other University or any institution maintained by it is appointed as*Upacharya (Vice-Chancellor), he may be allow- ed to continue to contribute to any provident fund of which he is a member, and the University shall contribute to. the account of such person in that provident fund at the sam" rate at which such person had been contributing immediately before his appointment as Upacharya (Vice-Chancellor);

(iii) the Upacharya (Vice-Chancellor) shall be entitled to travelling allowances at such rates as may be fixed by

the Karma-Samiti (Executive Council);

(iv) the Upacharya (Vice-Chancellor) shall be entitled to leave on full pay for one-eleventh of the period spent by him on active service;

(t>) the Vpacharya (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 his office.

(6) If the office of the Upacharya (Vice-Chancellor) becomes vacant due to death, resignation or otherwise or if he i$ 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

Vpacharya (Vice-Chancellor) assumes office or until the existing

Upacharya (Vice-Chancellor) attends to the duties of his office, as the case may be". (4) in Statute 4 ,~

(a) in clause (1), for the words and brackets "and of the Siksha.rSam.iti (Academic Council)", the wordg and brackets ", the Siksha-Samiti (Academic Council) and the Artha-Samitt (Finanee Committee)" shall be substituted;

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

(c) clauses (4), (5) and (6) shall be omitted;

(5.) after Statute 4, the following Statutes shall be inserted,

namely: —

"4A. The Director of Studies, Educational Innovations and Rural

Reconstruction.

(1) The Director of Studies, Educational Innovations and Rural Reconstruction shall be appointed by the Karma-Samiti

(Executive Council) on the recommendation of the Selection

Committee constituted under Statute 20G and he shall be a whole-time salaried officer of the University.

(2) The emoluments and other conditions of service of the Director of Studies Educational, Innovations and Rural Recons- truction shall be such as may be prescribed by the Ordinances.

(3) The Director of Studies, Educational Innovations and Rural Reconstruction shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier.

(4) Subject to the general supervision of the Siksha-Samiti (Academic Council), the Director of Studies, Educational Inno- vations and Rural Reconstruction shall be responsible for orga- nising studies, educational innovations and academic programmes of the University at Santiniketan and programmes of rural re- constructif n at Sriniketan and foster a link between the activities at Santiniketan and those at Sriniketan.

(5) The Director of Studies, Educational Innovations and Rural Reconstruction shall have such powers and perform such functions in his field as may be determined or delegated to him by the Siksha-Samitii (Academic Council) and the Upacharya, (Vice-chancellor).

(6) The Director of Studies, Educational Innovations and Rural Reconstruction shall also act as the Adhyaksha of the Vinaya Bhavana.

4B. The Director of Culture and Cultural Relations.

(1) The Director of Culture and Cultural Relations shall be appointed by the Karma-Samiti (Executive Council) on the re- commendation of the Selection Committee constituted under Statute 20G and he shall be a whole-time salaried officer of the University.

(2) The emoluments and other conditions of service of the Director of Culture and Cultural Relations shall be such as may be prescribed by the Ordinances.

(3) The Director of Culture and Cultural Relations shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier.

(4) Subject to the general supervision of the Upacharya (Vice-Chancellor), the Director of Culture and Cultural Relations shall—

(0) co-ordinate teaching and research on the ideals and works of Rabindranath Tagore, Indian culture and its rela- tions with the cultures of other countries;

(b) organise dissemination, through various media, of the cultural treasures of Rabindranath Tagore in the fields of art, literature and music;

(c) be responsible for relationship with institutions and agencies of culture of India and abroad;

(d) be responsible for Retting the works of Rabindranath Tagore translated into the languages of India and other countries; and

(e) co-ordinate the activities of the institutions at Santi- niketan and Sriniketan in respect of culture and cultural re- lations. (5) The Director of Culture and Cultural Relations shall also act as the Adhyaksha of Rabin 40 THE GAZETTE OF INDIA EXTRAORDINARY [PAST n~

4C, The Director of Physical Education, Sports, National Service and Students

Welfare.

(1) The Director of Physical Education, Sports, National Service and Student Welfare shall be appointed by the Karma-Samiti (Executive Council) on the recommendation of the Selection Committee constituted under Statute 20G and he shall be a whole-time salaried officer of the University.

(2) The emoluments and other conditions of service of the Director of Physi- cal Education, Sports, National Service and Student Welfare shall be such as may be prescribed by the Ordinances.

(3) The Director of Physical Education, Sports, National Service and Student Welfare shall hold office for a term of five years from the date on which he enters upon his ofTce or until he attains the age of sixty-five years, which- ever is earlier.

'

(4) The¹ Director ot Physical Education, Sports, National Service and Student

Welfare shall coordinate the activities of

(5) The Director of Physical Education, Sports, National Service and Student Welfare shall also act as Dean of Student Welfare for all the activities at Santi- niketan and Sriniketan.

(6) The Director of Physical Education, SportE, National Service and Student Welfare shall have such other powers and perform such other functions in his field as may be determined or delegated to him by the Karma-Samiti (Execu- tive Council) and the Upacharya (Vice-Chancellor).".

(6) for Statutes 5 and 6, the following Statutes shall be substi-

tuted, namely:,—

"5. The Karma-SacHva (Registrar)

(1) The Karma-Sachiva (Registrar) shall be appointed by the Karma-Samiti (Executive Council) on the recommendation of 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 Karma-Sachiva (Registrar) shall be such as may be prescribed by the Ordinances.

Provided that the Karma-Sachiva (Registrar) shall retire on

attaining the age of sixty years.

(3) When the office of the Karma-Sachiva (Registrar) is vacant or when the Karma-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 performed by such person as the TJpacharya (Vice-Chancellor) may appoint for the purpose.

(4) (a) The Karma-Sachwa (Registrar) shall have power to take disciDlinarv action against such of the employees, exclud- ing adhyapakas of the University and other members of the academic staff, as may be specified by the Karma-Samiti (Exe- cutive Council), bv order, and to suspend them pending inquiry to administer, w a r n i ng 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 the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

(U) An appeal shall 1 e to the Upacharya (Vice-Chancellor) against 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 beyond the powers of the Karma-Sachiva (Registrar) is called for, the Karma-Sachiva (Registrar) shall, upon conclusion of the inquiry, make a report to the Upacharya (Vice-Chancellor) along with the recommendations for such action as the Upacharya (Vice-Chancellor) deems fit:

Provided that an appeal shall lie to the Karma-Samiti (Executive Council) against an order of the Upacharya (Vice- Chancelloif) imposing any penalty.

(5) The Karma-Shachiva (Registrar) shall be ex-officio Secretary of the Samsad (Court), Karma-Samiti (Executive- Council), the Siksha-Samiti (Academic Council) and the Insti- tute Boards, but he shall not be deemed to \>& a member of any of these authorities.

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

(a) be the custodian of the records, the common seal and such other property of the University as the Karma- Samiti (Executive Council) may commit to his charge:

(b) issue all notices convening meetings of the Samsad (Court) the Karma-Samiti (Executive Council), the Siksha- Samiti (Academic Council), the Institute Boards, the Patha- Samities (Boards of Studies), the Boards of Examiners and of the committees appointed by the authorities of the Uni- veriity;

(c) keep the minutes of all the meetings of the Samsad (Court), the Karma-Samiti (Executive Council), the Sik- sha Samiti (Academic Council), the Institute Boards, the Patha-Samities (Boards of Studies), the Boards of Examin- ers and of the committees appointed by the authorities of the University;

(d) conduct the official correspondence of the Samsad (Court), the Karma-Samiti (Executive Council), the Siks- ha-Samiti (Academic Council) and the Institute Boards;

(e) supply to the paridarsaka (Visitor) and the Ach- arya (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;

(f) 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 pur- pose; and

(gf) 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 Karma-Samiti (Executive Council) or the Upacharya (Vice-Chancellor).

6. \ itta Adhikari (Finance Officer) ,

(1) There shall be a Vitta-Adhikari (Finance Officer) for the University who shall be appointed by the Karma-SamMi

(Executive Council) on the recommendation of a Selection

Committee constituted for the purpose and he shall be a whole- time salaried officer of t he University.

(2) The emoluments and other conditions of service of t he Vitta-Adhikari (Finance Officer) shall be such as may be pres- cribed by the Ordinances:

Provided that a Vitta-Adhikari (Finance Officer) shall re-

tire on attaining the age of sixty years.

(3) When the office of the Vitta-Adhikari (Finance Officer) is vacant or* when the V/fta-Adh/kari (Finance Officer) 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 perform- ed by such person as the Upacharya (Vice-Chancellor may ap- point for the purpose.

(4) The Vitta-Adhikari (Finance Officer) shall be ex- officio Secretary of the Artha-Samiti (Finance Committee), but he shall not be deemed to be a member of that Committee.

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

(a) exercise general supervise the funds of t he Univer-

sity and shall advise it as regards its financial policy and

(b) perform such other financial functions as may be assigned to him by the Karma-Samiti (Executive Council) or as may be prescribed by these Statutes or the Ordin- ances:

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-Samiti (Executive Council).

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

Council, the Vitta-Aci/i/kari (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 ex- penditure for a year are not exceeded and that all moneys are expended on the purposes for which they are granted or allotted;

(<•) be responsible for the preparation of annual ac- counts and the budget of the University and for their pre- sentation to the Kanrui'Satniti (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;

(/) ensure that the registers of buildings, land, furniture and equipment are maintained up to date and that stock- checking is conducted, of equipment and other consumable materials in all officesi special centres, specialised labora- tories, Bhavancts * * '" and other institutions maintained by the University;

(g) bring to the notice of the Upacharya CVice- Chancellor) an unauthorised expenditure or other financial irregularities and suggest appropriate action being taken against persons at fault;

•-.

(70 call for from any office, special centre, specialised laboratory, Bhavanas*']"' or other institutions maintained by the University, any information or returns that he may consinder necessary for the performance of his duties.

(7) The receipt by the VHta-Adhikari (Finance Officer) or oy 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 for the same.

6A. Adhyaksha of Bhavanas***

(1) Every Adhyaksha * * * of a Bhavana * * '", other than the Rabindrn Bhavana, the Vinnya . Bhavana and the Patha-

Bftavana, shall be appointed by the Karnut-Samiti (Executive Council) on the recommendation of the Upacharya (Vice- Chancellor) from among the Professors of the Bhavana * * * for a period of two years:

Provided that an Adhyaksfui •* * * on attaining the age of sixty years shall cease to hold office as such:

Provided further that if. at any lime there is only one Pro- fessor or no Professor in a Bhavana *' * *, the Karma-Samiti (Exe- cutive Council) shall appoint, on the recommendation of ihe Upacharya (Vice-Chancellor), the Professor or a Reader of the Bhavana * * * to act as the Adhyaksha* * * and if there is iv> reader also, any other person authorised by the Upacharya (Vice- Chancellor) in this behalf shall exercise the powers of the Adhyaksha * * * of the Bhavana * * *.

(2) When the office of thr Adhyaksha * * * is vacant or when the Adhyaksha * '" * is, by reason of illness, absence or any other cause, unable to perform the duties of hi* office, the duties

of the office shall be performed by such person as the Upacharya (Vice-Chancellor) may appoint for the purpose.

(3) The Adliyaksha * * * shall be the Head of the Bhavana * * * and as such be responsible for the conduct and maintenance of the standards of teaching and research in the Bhavana *** and shall exercise such other powers and perform such other functions as may be prescribed by the Ordinances.

(4) The Adhayaksha * * * shall have the right to be present aad to &peak at any meeting of the Patha-Samiti (Board of Studies) or committees of the Bhavana *•*, as the case may be, but shall not have the right to vote there at unless he is a member thereof.

* * * **

6B. Adhyaksha.""** of Patha Bhavana*** >

(1) The Adhayaksha * * * of the Patha-Bhwana * * * shall be appointed by the Karma-Samiti (Executive Council) on the recommendation of 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 tho Adhyaksha * * * of the Palha-B}iavana * * * shall be such as may be prescribed by the Ordinances:

Provided that the Adhyaksha * * * of the Patha-Bhavaria

*** shall retire on attaining the age of sixty years.

(3) The Adhyaksha *** of the Pathd-Bhavana *** shall be the Head of the Bhavana * * * and shall exercise such powers and perform such functions as may be assigned to him by the Karma-Samiti (Executive Council).";

(7) for Statutes 8, 9 and 9A; the following Statutes shall be substituted, namely:—

"8. The Granthagarika (Librarian)

(1) There shall be a Granthagarika (Librarian) of the University who shall be appointed by the Karma-Samiti (Exe- cutive Council) on the recommendation of 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 Granthagarika (Librarian) shall retire on attaining the age of sixty years.

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

9. Chatra-Parichalaka (Proctor)

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

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

(3) The Chatra-Parichalaka (Proctor) shall assist the Upacharya (Vice-Chancellor*) in the maintenance of discipline among the students of the University * * *.

(4) The Chatra-Parichalaka (Proctor) shall exercise such other powers and perform such other functions as may be assign- ed to him by the Upacharya (Vice-Chancellor) or the Shiksha~ Samitt (Academic Council).

* * * * *

10. The Samsad (Court)

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

Ex-officio members

(i) the Acharya (Chancellor);

(ii) the Upacharya (Vice-Chancellor);

(Hi) the Director of Studies, Educational Innovations and Rural Reconstruction;

, (iv\) the Director of Culture and Cultural Relations; (v) the Director of Physical Education, Sports, National Service and Student Welfare;

(vi) the Adhyakshas of Bhavans***;

(viv) the Granthagarika (Librarian);

(viii) Chatra-Parichalaka (Proctor);

* —- # # • •

(ix) the Head of the Palli-Samgathana Vibkaga;

(x) the Head of the Granthan Vibhaga;

(xi) the Heads of Departments;

Representatives of Adhyapakas

(xii) one adhyapaka from each of the Institutes, by rota-

:

tion according to seniority;

Representatives of non-teaching staff

(xiii) five representatives of non-teaching staff by rota- tion according to seniority:

Representatives of Students

(xiv) two students to be nominated by the SlUsha* Samlti (Academic Council) from amongst students who have

distinguished themselves in studies, sports, extra-curricular activities and all-round development of personality or from amongst students who have won prizes during the preceding year in the fields of studies, fine arts, sports, extension work or any other prizes at the level of Class X and above;

(xv) three students to be nominated by the Upachurya (Vice-Chancellor) on the basis of merit so as to provide rep- resentation to any section of students which in his opinion is unrepresented;

Provided that in nominating students under items (xiv) and (xv) women students shall be adequately represented;

Representatives of Parliament

(xvi) five representatives of Parliament, three to b* no- i minated by the Speaker of the Lok Sabha from among its members and two to be nominated by the Chairman of th" Rajya Sabha from among its members;

Representatives of the Alumni Association

(xvii) three representatives of the Alumni Association, to be elected by that Association from 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 (Chan- cellor) ;

(xxi) other members of the Karvia-Samiti (Executive Council) not specified above.

(2) For the purpose of appointing the members under items (xii) and (xiii) of clause (2), a common seniority list of the con- cerned categories based on length of service in the University shall be maintained.

(3) All the members of the Samsad (Court) other than ex- officio members and the members representing the students, shall hold office for a term of three years from thft date of thdr election or nomination, as the case may be.

(4) Members representing studentg shall hold office for a

term™ one year from the date of their nomination or till mc\ time as they continue to be students, whichever 1" aiirller.

(5) No student who—

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

(ii) had not been on the rolls of the University for at least one year before he enter3 upon his office as such mem- ber;

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

(6) No employee of the University shall be eligible to be a member under items (xvii), (xviii), Axioc), (xx) and (xxi) of clause (i),";

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

"12. Meeting! of the Swnsad (Court)

(It) The annual meeting of the Samsad (Court) shall be held on a date to be fixed by the KarmaSamiti (Execu- tive 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), the fol- lowing documents shall be presented, namely: —

(i) a report on the working of the University during the previous year, which shall include among other things—

(ai) steps taken to promote socially relevant research in physical and social sciences;

(b) extension activities related to the needs of the weaker sections of the society; and

(c) activities for integration of the community life of the University with that of the wider world;

(it) a statement of income and expenditure and balance sheet, as audited; and

(Hi) the financial estimates for the next year.

(3) A copy of the statement of receipts and expenditure, the balancesheet and the financial estimates referred to in clause (3) 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), out of whom not less than five shall be members, other than the members re- presenting the employees or student^ of the University, shall f"rm a quorum for a meeting of the Samsad (C*urt).

(5) Special meetings of the Samsad (Court) may be con- vened by the Karma-Samiti (Executive Council), or the Upa- charya (Vice-Chancellor), or if there is no Upacharya (Vice- Chancellor), by the Karma-Sachiva (Registrar).

13. The Karmfl-SamtH (Executive Council)

(1) The Karma-Samiti (Executive Council) shall consist of the following members, namely: —

(i) the Upacharya (Vice-Chancellor);

(ii) the Director of Studies, Educational Innovations and rural Reconstruction;

{lit) the Director of Culture and Cultural Relations;

(iu) the Director of Physical Education, Sports, National Service and Student Welfare;

(u) the Adhyaksha of the Patha-Bhavana, ex-officio;

(vi) one Adhyaksha from among the Adhyakshas oj Palli- Samgathana Vibhaga and Palli-Siksha Sada7i, by rotation according to seniority;

(uii) one Adhyaksha from among the Adhyakshas of Kala-Bhavana and Sangeet Bhavana, by rotation according to seniority;

{viii) one Adhyaksha from among the Adhyakshas of Vidya-Bhavana and Siksha Bhavanar by rotation according to seniority;

(ix() three Adhyapakas of the University, by rotation according to senority;

{x) three persons to be elected by the Samsad (Court) from amongst its members, none of whom shall be an emp- loyee or a student of the University:

Provided that one of the members so elected shall be a member of the Alumni Association;

{xi) two persons to be nominated by the Paridarsaka (Visitor);

(xii) one person to be nominated by the Pradhana (Rec- to*);

{xiii) one person to be nominated by the Acharym (Chancellor).

(2) For the purpose of appointing the members under item (ir), of clause (I), a common seniority list of all the Adhyapakas of the University based on length of service in the University shall b" maintained.

(3) Each member of the Karma-Samiti (Executive Council), other than the Upacharya (Vice-Chancellor) and the Adhyak&ha of Granthan Vibhaga shall hold office for a term of three years from the date of their election or nomination, as the case may be.

(4) If any elected member of the Karma-Samiti (Executive

Council) fails to attend four consecutive meetings of the Karma- Samiti (Executive Council) without the permission of the Upa- charya (Vice-Chancellor), he shall cease to be a member of the Karma-Saiiviti (Executive Council).

(5) Six members of the Karma-Samiti (Executive Council),

out of whom at least two members who are not employees of the University, shall form the quorum for a meeting of the Karma Samiti (Executive Council).

14. Powers and functions of the KarraarSamtti (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: —

(0 to appoint such adhyapakas and officers of the Uni- versity as may be necessary on the recommendation of the Selection Committee constituted for the purpose:

Provided that no action in respect of the number, quali- fications, emoluments and other conditions of service of ad/vyapakas shall be taken by the Karma-Samzti (Executive Council) without .consulting the Siksha Samiti (Academic Council);

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

(iii) to grant leave of absence to any officer of the Uni-

versity, other than the Acharya (Chancellor) and the XJpa- charya (Vice-Chancellor), and to make arrangements for the discharge of the functions of such officer during his absence;

(iv) to regulate ;ind enforce discipline among the emp- loyees in accordance with these Statutes and the Ordinance!:

(v) to institute fellowships, scholarships, studentships,

medals and prizes;

(vi) to make such special arrangements as may be nectfl-

sary for the residence and discipline of women students;

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

(viii) tn confer honarary degrees;

(ix) to transfer or accept transfers of a ny movable or immovable property on behalf of t he University;

(x) to accept, regulate and administer funds received from any trust;

(xi) to provide buildings, premises, furniture a nd appa- ratus and other means needed for carrying on t he w o rk of the University;

(an/) to enter into, vary, carry out and cancel contracts on behalf of t he University;

(xiii) to entertain, adjudicate upon, and, it thought fit, to redress a ny grievances of the employees and students of t he University, w ho may, for any reason, feel aggrieved;

(xiv) to select a common seal for t he University and provide for the custody and use of such seal;

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

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

15. The Siksha-Samitl (Academic Council)

(1) The Siksha-Sarniti (Academic Council) shall consist of the following members, namely: —

(i) the Upacharya (Vice-Chancellor);

(U) the Director of Studies, Educational Innovations and Rural Reconstruction;

(Hi) the Director of Culture and Cultural Relations;

(iv) the Director of Physical Education, Sports, National Service and Student Welfare;

(v) the Adhyakshas of Institutes;

(vi) the Heads of Departments;

(viA) all Professors; (viil) Granthagarika (Librarian);

(ix) Chatra-Parichalaka (Proctor); (x) seven adhyapakas of the University, other than Professors and Heads of Departments, by rotation according to seniority;

(xi) three persons to be nominated by the Parldarsaka (Visitor);

(xii) two students to be co-opted by the SikshfrSamtti (Academic Council) from amongst students who are profi- cient in studies, sports, extra-curricular activities and all- round development of personality and from amongtt thow

who have won prizes in the preceding year In the fieldi studies fine arts sports and extension work or any other prizes at the,level of Class X and above;

(x/'ii) three students to be nominated by the Vpacharya (Vice-Chancellor) on the basis of merit so as to provide rep- resentation to any section of students which i* considered unrepresented; out of five representatives of students, at least one shall be a woman.

(xiv) five persons not being in the service of the Univer- sity, co-ppted by the SikshaSamiti (Academic Council) for their special knowledge.

(2) For the purpose of appointing the members under item (x), of clause (1), a common seniority list of adhyapakos of all categories, other than Professors, based on length of service shall be maintained.

(3) The members of the S&ksharSamiti (Academic Coun- cil), other than the ex-officio members and the members repre- senting 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.

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

(5) 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 prescribed for the course for which he is a student; and

(fi) had not been on the rolls of the University for at least one year before he enters upon his office as such mem- 1 ber,

shall be eligible to become a member of the SiksHa-Samiti (Aca- demic Council).

(6) Twenty members of the SiksJia-Sarruti (Academic

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

(7) fto member referred to in cla-uae (4) shall have the

right to be present at the meeting of the Stksha-Samiti (Acada- mic Council) when it takes up for consideration any of the following matters, namely:

(a) the recruitment and conditions of service of po"t" in

the faculties of the University;

(b) annual processes of evaluating academic performan-

ces* and merits of students.

16. Powers and ditties of the Slksha Samki (Academic Council)

(1) Subject to the Act, these Statutes and the Ordinances, the Siksha-Samiti (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 Institutes;

(b) to bring about inter-Bhavana co-ordination and to establish or appoint Committees for taking up projects on an interrBhavana basis;

(c) to consider matters of general academic interest either on its own initiative or on a reference by a Bhavana * * * 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 Sta-. tutes and the Ordinances.

(e) to frame such regulations and rules consistent with these Statutes and the Ordinances regarding the academic functioning of the University, discipline, residence, admis- sions, award of fellowships and studentships, fee conces- sions, 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 oi¹ the Karma-Samiti (Executive Council),

17. The Artha Samiti (Finance Committee)

(I) The Artha-Samiti (Finance Committee) shall consists

of the following members, namelyi —

(i) the Upacharya (Vice-Chancellor);

(ii) one Adhyaksha from among the Adhygkshas of the

Institutes to be appointed by the Karma-SamiM (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 Arthu-Samiti (Finance Commit- tee), other than the Upaeharya (Vice-Chancellor), shall hold office for a term of three years from the date of their appoint- ment or nomination, as the case may bu.

(3) Four members of the Artha-Samiti (Finance Commit- tee) shall form the quorum for =i meeting of the Artha-Samati (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 Artha-Samiti (Finance Commit- tee).

18. Powers and functions c£ the Artha-Samiti (Finance CorautttM)

(2) The Artlia-Savitti (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 University prepared by the Vitta-Adhikari (Finance Officer) shall be laid before the Artha-Samiti (Finance Committee) for consideration and comments and thereafter submitted to the Karma-Samiti (Executive Council) for approval,

(3) The Artha-Samiti (Finance Committee) shall fix limits for the total recurring and non-recurring expenditure for the year, based on the income and resources 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 fixed.

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

19. Institutes

(2) The University shall have the following Institutes,

' namely: —

I. At Santiniketan

(i) Vidya-Bhavana

(ii) Siksha-Bhavana

(Hi) Kala-Bhavana

(iv) Sangeet-Bhavana

(v) Vinaya-Bhavana

(vi) Rabindra-Bhavana

(vii) TJttar Siksha Sadan

(yiii) Patha'Bhavana

II. At Sriniketan

(i) Palli-Samgaih&na Vibhaga

(ii) Palli Siksha Bhavana

(in) Siksha Satra

III. At Calcutta

Granthana Vibhaga (2) Each Institute, except the Granthana Vibhaga, shall have an Institute Board which shall consist of the following members, namely: —

(f) Adhyaksha of the Institute

(ii) Professors of the Institute, if any;

(Hi) Heads of the Departments assigned to the Institute, who are not Professors, iff any;

(iv) two Adtiyapakas of the Institute by rotation accord-

ing to seniority;

(v) two persons to be nominated by the Siksha-Samiti (Academic Council) from the other Institutes of the Univer- sity;

(vi) one student of the Institute to be nominated by tht Adhydksha of the Institute on the basis of merit in studies, sports, extra-curricular activities and all-round development of personality;

(vii) one person not in the service of the University to be co-opted by the Board of the Institute for his special knowledge of any subject assigned to the Institute. (3) Members of the Institute 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 nomination or co-option, as the case may be.

(4) Members representing students shall hold office for a term of one year from the date of nomination or so long as they continue to be students, which ever is earlier.

(5) No student who—

(i) passed the high school or an equivalent examination, more than eight years earlier or the PrerUniversity or an equivalent examination more than seven year earlier or had taken more than one year in excess of the period prescribed for the course for which he is a student; and

(H) 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 Board of the Institute,

(6) Member representing students shall not be present at the meetings of the Board when it takes up for consideration matters pertaining to the appointment of examiners and ©xamir nation results.

(7) An Institute Board shall have the following functions,

namely: —

(i) to co-ordinate the teaching and research activities of

the Departments and the duties assigned to the Institute;

(ii) to promote and provide for inter-disciplinary teach-

ing and research;

(iii) to arrange for periodical tests, evaluation and

examination in subjects falling within the purview of -the.

Institute;

(iv) to appoint Committees or to undertake research

projects common to more than one Department;

(u) to forward to the Karma Somiti (Executive Council) the recommendations of the Patha-Samitis- (Boards of Studies) and the Research Board;

(vi) to approve courses of studies proposed by the Patha-

Samitis (Boards of Studies); and

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

(8) (a) Each Institute shall consist of such Departments

as may be assigned to it by the Ordinances.

(b) No Department shall be established or abolished except

by these Statutes:

Provided t h at the Karma-Samiti (Executive Council) may, on the recommendation of the Siksha-Samiti (Academic Council), establish centres of studies to which may be assigned such adhyapakas of the University as the Karma-Samiti (Executive Council) may consider necessary.

(c) Each Department shall consist of t he following mem-

bers, namely.—

(i) adhyapakas of the Department;

(ii) Adhyaksha or Adhyakshas of t he concerned Institute;

{Hi) Honorary Professors, if any, attached to the De-

partment;

(iv) Such other persons as may be members of the De- partment in accordance with the provisions of the Ordinances;

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

be co-opted by the Department."

20. Patha Samttls (Board of Studies)

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

(Board of Studies):

Provided that the Institute Board may, wherever necessary,

decide that instead of separate Patha-Samiti (Board of Studies) for any Department, the Institute Board itself may function as

the Patha-Samiti (Board of Studies).

(2) Notwithstanding anything contained in clause (1), 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 follow-

ing powers and functions, namely: —

(a) to recommend to the Institute Board—

(£) courses of studies;

(ii) appointment of persons for evaluation;

(Hi) creation or abolition or upgrading of teaching

posts;

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

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 genera] and academic interests to the Department and of its functioning; and

(d) to perform such other functions as may be assigned

to it by the Institute Board.

20A. Research Board

*

(1) There shall be a Research Board to co-ordinate the

research work of the various Institutes.

(2) The Research Board shall consist of the following mem- bers, namely: —

(i) the TJpacharya (Vice-chancellor)—Chairman;

(ii) Adhyakshas of Institutes;

(itt) one Professor and one Reader from each Institute,

to be nominated by the Upacharya (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 may be prescribed by the Ordinances.

* * • * *

20B. Heads of Departments

(1) Each Department shall have a Head whose terms and conditions of appointment shall be such as may be prescribed by the Ordinances.

(2) In a Department, where there ig more than one Pro- fessor, the Head of thR Department shal] be appointed from among the Professors by the Karma-Samiti (Executive Council) on the recommendation of the TJpacharya (Vice-Chancellor).

Provided that if at any time there is only one Professor or no Professor in a Department, the Karma-Samiti (Executive Council) shall appoint, on the recommendation of the TJpacharya (Vice- Chancellor), the Professor, or a Reader, as the Head of a De- partment:

Provided further that if there is no Professor or Reader in a Department, the Adhyaksha * * * of the Bhavann * * * concerned Shall act as the Head of that Department.

(3) No Professor or Reader shall be compelled to accept the offer of appointment as the Head of a Department.

(4) A person appointed as the Head of a Department shall hold such office for a period of three years and shall be eligible for re-appointment:

Provided that a Head of Department on attaining the age of sixty years shall cease to hold office as such.

(5) A Head of a Department may resign his office at any time during his tenure of office,

(6) A Head of a Department shall exercise such powers and perform such functions as may be prescribed by the Ordinances.

20C. Central Admission Conwmittee

(1) There shall be a Central Admission Committee of the University consisting of the following members, namely: —

(i) TJpacharya (Vice-Chancellor);

(ii) Adhyakshas of Bhavanas:

(Hi) Two professors, two Readers, two Lecturers and two other adhyapakas to be nominated by the TJpacharya (Vice-Chancellor);

(iv) Karma-Sachiv (Registrar)

(2) The Central Admission Committee shall lay down principles governing admission to different courses of the Uni- versity, keeping in view the objective specified in section 5A of the Act, review the admission policy from time to time and shall exercise such other powers and perform such other functions as may be assigned to it by the Siksha-Samiti (Academic Council).

20D. Admission Committee for Institutes

(1) There shall be an Admission Committee for each Institute of the University consisting of the following members, namely:-~

(i) Adhydksha of the Institute;

(ii) Two adhyapakas of the Institute to toe nominated by the Vpacharya (Vice-Chancellor);

(hi) Two adhyapakas of the Institute to be nominated - by the Adhyaksha of the Institute.

(2) The Admission Committee of each Institute shall con- duct examinations, evaluation and other modes of testing for admission to the courses of the Institute, appoint examiners for the purpose of admission, and perform such other functions as may assigned to it by the Central Admission Committee.

20E. Composition and function of the Departmental Committee

(1) Subject to the provisions of the Act, these Statutes and the Ordinances, there shall be a Departmental Committee for. each Department, consisting of the Adhvaksha of the Department as Chairman and aU other adhyapakas of the Department as members.

(2) The Departmental Committee shall perform such func-

tions as may be prescribed by the Ordinancej"-

20F. Bidding and Campos Committee

(1) The Karma-Samiti (Executive Council) shall appoint a Building 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.

20G. Selection Committee

(1) All appointments to permanent posts specified in column (1) of the Table below ^clause (2) shall 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 Upacharya (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 colunm (2) thereof.

THE TABLE

(2)

(1)

Director of Studies, Educational

Innovations and Rural Recon- struction.

Director of Culture and Cultural

Not less than three eminent persons, not in the service of the University or members of the Karma-Samiti (Executive

Relations.

Director of Physical Education,

Sports, National Service and Student Welfare.

• Professor

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 recommended by the Siksha- Samiti (Academic Council) for their special knowledge of, or interest in, the subjects with which the Director to be appoin- ted will be concerned. (1) Adhyaksha of the Institute

concerned.

(ii) Head of the Department

concerned, if he is ft Profes- sor.

(lii) One of the Professors of the Department concerned to be nominated by th" Upacharya (VloG-Chancel- lor).

(1)

(2)

(iv) Not less than three per- sons, not being in the ser- vice of the University or members of the Karma-* Samiti (Executice Council), or Siksha-Samiti (Acade- mic Council), to be nomina-> ted, by the Karma-Samiti (Executive Council) out of a panel of not less than six names recommended by the Siksha-Samiti (Academic Council), for their special knowledge of, or interest in, the subject with which the Professor to be appointed will be concerned.

(i) Adhyaksha of the Institute Reader or Lecturer.

concerned.

(ii) Head of the Department

concerned.

(iii) One Professor of the De- partment concerned or, if there is no Professor, a Reader of the Department, to be nominated by the Upacharya (Vice-Chancel- lor).

(iv) Not less than three persona, not being in the service of the University or memberi of the Karma-Samiti (Exe- cutive Council or Siksha- samiti (Academic Coun- cil) , to be nominated by th" Karma-Samiti (Executive Council) out of a panel of not less than six names re- commended by the Siksha- Samiti (Academic Council) for their special knowledge of, or interest in, the sub- ject with which the Reader or Lectuwr to be appointed will-be concerned.

Adhyukaha of the PaHi-Sanga- thorn Vtbhaga.

Three eminent persons not in the service of the Univer- sity, of whom two shall b" nominated by the Karma-

(0

Adhyaksha of other Institutes.

Granthakarika Librarian,

Adhyaksihas of

W

Samiti (Executive Council) and one by the Siksha- Samiti (Academic Council), for their special knowledge of the subject concerned.

Three eminent educationists, not in the service of the University, of whom two shall be nominated by the Karma-Samiti (Execu- tive Council) and the other by the Siksha-Samiti (Acade- mic Council).

(i) Two persons not in the service of the University, who have Special knowledge of the subject of Library Science or Library Administration or both to be nominated by the Siksha-Samiti (Acade- mic Council).

(ii) One person, not in the service of the University, nominated by thc Karma-Samiti (Executive Council).

Patha-B Havana

Karma-Sachlva (Registrar) or Vitta-Adhikari (Finance Officer).

Three eminent educationists not in the service of the University at whom two shall be nominated by the Karma-Samiti (Execu- tive Council) and one by the Siksha-Samiti (Academic Coun- cil)

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

(ii) One person, not in the service of the University, to be nomina- ted by the Karma-Samiti (Exe- cutive Council).

Note 1.—Where thc appointment is being made for an inter-disciplinary pro-

ject, 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 DeparU

ment and the Adhyaksha of the Institute concerned before no- nating the Professor.

(3) The Upacharya (Vice-Chancellor), or in his absence,- the seniormost Professor of the University shall preside over the meetings of a Selection Committee.

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

(5) Four members of a Selection Committee, of whom at least two persons, in the case of selection of a Professor, and one person, in 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 Ordinancesi

(6) If the Karma-Samiti (Executive Council) is unable ta accept the recommendations made by a Selection Committee, it shall record its reasons and submit the case to the Paridar&aka (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 Upacharya (Vice-Chancellor) is satisfied that in the interests of work it is nessary to fill the vacancy immediately, the appointment may be made on a purely temporary basig by a local Selection Committee referred to in sub-clause (b) for a period not exceeding six months;

(b) 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 AdfvyaJcsha of the Bhavana *** 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 *** and the Head of the Depart- ment, the Selection Committee may consiBt 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 reason, the Adhyaksha *** may, in consultation with the Head of the Department concerned, make a temporary appointment for a month and report to the Upacharya (Vice-Chancellor) and the Karma-Sachiva (Registrar) about such appointment;'

(c) no teacher appointed temporarily under the second proviso to sub-clause (b) shall, if he is not recommended by a regular Selection Committee for appointment, be continued in service on such temporary employment, unless lie is subse- quently selected by a local Selection Committee or a regular Selection Committee, for a temporary or permanent appoint- ment, as the case may be.

20H. Advisory Council for Educational Innovation*

(1) There •shall be constituted as soon as possible, but not later than one month from the date of comitiei' cement of tjie Visva-Bharati (Amendment) Act, 1983, an Advisory Council for Educational Innovations (hereinafter referred to as the Advisory Council) which shall be a Standing Committee of the Sikaha- Sanviti (Academic Council), and shall consist of the following members, namely: —

(i) The Vtpacharya (Vice-Chancellor)—Chairman;

~" HO Director of Studies, Educational Innovations and, Rural Reconstruction-—Member Secretary;

(ii{) Director of Culture and Cultural Relations;

(iv) Director of Physical Education, Sports, National Service and Student Welfare;

(v) Adhyaksha of Palli-Samgathana Vibhoya;

(vi) three members of the Siksha-Samiti (Academic Council) to be nominated by the Paridarsaka (Visitor) ;

(uii) four members of the Siksha-Samiti (Academic Council) to be nominated by the Upacharya (Vice-Chair- cellor).

(2) The functions of the Advisory Council shall b© aa follows: —

(a) to review the present educational system at Visva- Bharati in the light of the teachings of Rablndranath Tagore particularly those relating to education;

(b) to suggest ways and means to: —

(i) embody the educational ideas of Rablndranath Tagore more adequately In the educational system of tha University;

u w,

(ii) create an atmosphere and environment at Visva* Bharati so as to provide a natural stimulus to the students and teachers to seek the values of truth, beaut) and goodness and harmony with nature;

(Hi) organise the structure of education, so as to provide opportunities to students to offer combinations of subjects belonging to humanities, sciences, fine-arts and technology; and

(iv) develop new teaching-learning processes which will combine lectures, tutorial, seminars, demonstrations, self-studies and collective practical projects.

(3) The Advisory Council shall be a permanent body and shall, from time to time, make such reports and suggestion* •" it

may think proper to the Siksha-Samiti (Academic Council) which Bhall consider them as soon as possible.

(4) The Karma-Samiti (Executive Council) shall, as soon as possible, consider the report of the Advisory Council and the recommendations of the Siksha-Samiti (Academic Council), thereon and implement the recommendations of the Siksha-Samiti (Academic Council).

(5) The Advisory Council shall submit ita reports to th" Siksha-Samiti (Academic Council) once in every year and the Siksha'Samiti (Academic Council) shall consider such reports and submit the reports along with its recommendations to the Karma.Samati (Executive Council) who shall implement th" t same.

(6) Such suggestions of the Advisory Council as have not been accepted by the S.iksha-Samiti (Academic Council) shall be submitted to the Paridarsaka (Visitor) by the Karma-Samitl (Executive Council) along with its recommendations for the advice of the Paridar&aka (Visitor), and the advice of the Par/darsafca (Visitor) shall be considered by the Siksha-Samiti (Academic Council) and the Karma-Samiti (Executive Council).

201. Students' Council

(1) There shall be constituted a Students' Council consisting of:— .

(i) The Director of Physical Education, Sports, National Service and Students Welfare—Chairman;

(ii) all Doctorate and post-Doctorate students;

(iii) all students who have won prizes in the fields of studies, fine arts, sports and extension work or any other prizes at the level of Class X and above;

(/") twenty-students to be nominated by the Siksha- Samiti (Academic Council) on the basis of merit in studies, sports, extra-curricular activities and all-round development of personality:

Provided that any gtudent of the University belonging to Class X and above shall have the right to bring up any matter concerning the University before the Students' Council, if so, permitted by the Chairman, and he shall have the right to participate in the discussions at any meeting when the matter is taken up for consideration,

(2) The functions of the Students' Council shall be to make suggestions to the appropriate authorities of the University in regard to the programmes of studies, student welfare and other matters of importance in regard to the working of the Univer- sity in general, and suchl suggestions shall be made on the basin of consensus of opinion.

(3) The Council shall meet at least once in a year, prefer-

ably at the beginning of the academic year.

20J AiHWtatmwrt for a

The Karma-Samiti (Executive Council) may appoint a person selected in accordance with the procedure laid down in Statute 20G for a fixed tenure on such terms and conditions as it deems fit.

20K, Age ol retirement of employees ot the UnfrertHy

(1) Save as otherwise provided in the Act, these Statutes

and the Ordinances, all employees of the University shall retire . on completing the age of sixty years.

(2) The Karma-Samiti (Executive Council) may, in the interests of the University, re-employ an adhyapakg, who has retired after the expiry of his contract:

Provided that no adhyapaka shall be eligible to be re-employed

under this clause, or on such re-employment to continue as an adhyapaka, after he has attained the age of sixty-five years;

Provided further that an adhyapaka so re-employed shall not

be eligible to hold the office of the Head of a Department or the

Adhyaksha of a Bhavana***or any other office which involves

administrative work:

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

20L. Recognised adhyapakas

(1) The qualifications of approved adhyapakas and adhyapakas

recognised by the University shall be^uch^aTmay be prescribed by the Ordinances.

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

(3) The period of approval or recognition of an adhyapaka

shall be determined by the Ordinances made in that behalf.—""

20M. Seniority lists

(/) Whenever, in accordance with these Statutes, any person is to hold an office or be a member o| an authority of the University

by rotation according to seniority, such seniority shall.be deter- mined according to the length of continuous service of such person in his grade, and 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).

(3) If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the Karnui~Sachw

20N. Removal of employees other than adhyapakas and