Visva-Bharati (Amendment) Act, 1984 Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Amendment Act
Year	1984
Status	In force as published by the source
Text	Published as one document, as the source published it

REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY

PART II—Section 1 PUBLISHED BY AUTHORITY No. 39] NEW DELHI, MONDAY, MAY 21, 1984/VAISAKHA 31, 1906 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 21st May, 1984/Vaisakha 31, 1906 (Saka) The following Act of Parliament received the assent of the President on the 21st May, 1984 and is published for general information: — THE VISVA-BHARATI (AMENDMENT) ACT, 1984 No. 31 OF 1984 [21st May, 1984) An Act further to amend the Visva-Bharati Act, 1951 BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows: —

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

1984.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Short title and commencement.

2. Throughout the Visva-Bharati Act, 1951 (hereinafter referred to as the principal Act), and in all Statutes made thereunder, unless otherwise 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 substituted.

Substitution of certain expressions for certain other expressions.

29 at 1951.

(1) 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I — ,

3. For section 3 of the principal Act, the following section shall be substituted, namely: — Substitution of new section for section 3.

'3. In this Act, and in all Statutes made hereunder, unless the context •otherwise requires,— Definitions.

(a) "academic staff" means such categories of staff as are designated as academic staff by the Statutes;

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

(c) "a&hyapaka* 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;

(/) "Bhavana" means an academic institution maintained 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 of the University provided, maintained or recognised by the University;

(i) "Department" means a Department of Studies and includes a centre of studies established by, or under, the Statutes;

(j) "employee of the University" means any person appointed by the University or any Institution, and includes an employee 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;

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

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

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

&EC. 1] THE GAZETTE OF INDIA EXTfcAOKDUNfARY £

(p) "Sam&ad (Court)" means the Samsad (Court) of the University;

(q) "Siksha-Sam&ti (Academic Council)" means tke 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 the time being in force;

(s) "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 inserted, namely:— Insertion of new «eotions 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 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; — The objects of the University.

(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 realise 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

(v) 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, Buddhist, Jain, Islamic, Sikh, Christian and other civilisations may be pursued along with the culture of the West, with that simplicity in externals which is necessary for true spiritual realisation in amity, good fellowship and co-operation 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, Shlvam, Advaitam.

(2) The objects of the University shall also include harmonising the cultures of India,-the 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.

4 l i iE GAiETtE OP INDIA EJCTRAORDINARV [PART li—

5B. Th«t 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 his writings.".

Principles to be followed in organising activities of the University.

5. For section 0 of the principal Act, the following section shall be substituted, namely:— Substitution of new section for section 6, Powers of the University.

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

(2) to provide facilities for studies, instruction socially useful productive work and community service and research in such branches of learning as may be deemed desirable and found practicable by the University and for the promotion of understanding of cultures between the East and the West and for the advancement of learning and dissemination of knowledge generally;

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

^3) to make provision for research and advisory services;

and for that purpose, to enter into such arrangements with other 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 withdraw such approval;

(6) to establish and maintain such Bhayanas, Schools of Studies and Research, Chatravasas, Gymnasia and stich 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 India, 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^ develop- &cc. i] THE GAZETTJE Of INDIA hxmtuvmi^T^^^ ment of cottage industries and all other nation-building and works for the benefit of the public; v c J1i

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

(11) to grant, subject to such conditions as the Univa may determine, diplomas or certificates to, and confer degi or other academic distinctions (on the basis of examination 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 aa may be required by the University and to appoint persons to such posts;

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

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

(20) to approve persons working hi—

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

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

(21) to undertake publication of literary, scientific, educational and scholarly works and books on art, aesthetics and other subjects aimed at better understanding of the different culx 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;

*»*„ r-Jx&EerOF INDtA EXTRAORDINARY [PART II— 6 ^23) to create administrative, ministerial, and other posts in University and to make appointments thereto;

(24) to provide for the terms and conditions of service of mployees, whether employed by the University or any institution;

(25) to regulate the conduct and duties of the employees of the University;:

(26) to regulate and enforce discipline among the employees 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 payment of fees and other charges;

(29) to institute and award fellowships, scholarships, studentships, 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 Government, 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 Indie or outside to any examination of the Univer- 1 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.".

ti. For section 10 of the principal Act, the following section shall be substituted, namely: — Substitution of new- section for section

10.

The Paiidarsaka (Visitor).

"10. (1) The President of India shall be the Partdarsaka (Visitor) of the University.

(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 University, 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 be made in like manner SEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY 7 in respect of any matter connected with the administration or finances of the University,

(3) The Paridarsaka (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 rcpre-< 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 Faridar.iaka (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 Paridarsaka (Visitor), the Upacharya (Vice-Chancellor) shall communicate forthwith to the Karma-Samiti (Executive Council) the results of the inspection or inquiry and the views of the Paridarsaka (Visitor) and the advice tendered by him upon the action to be taken thereon.

(7) The 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 considering 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, be order in writing, annul any proceeding 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 Paridarsaka (Visitor) shall have such other powers as may be specified in the Statutes.".

8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 7, For section 12 of the principal Act, the following section shall be substituted, namely: — Substitution ol new section for section

12.

"12. The following shall be the officers of the University, namely: — Officers of the University. (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) The Karma-Sachiva (Registrar);

(7) The Vitta-Adhikari (Finance Officer);

(8) 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), the following1 sub-nections shall be substituted, namely: — Amendment 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 subsection (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 Paridarsaka (Visitor) does not approve of any of the persons specified in the panel prepared and recommended by the Karma-Sdmiti (Executive Council), he may call upon the Karma-Samiti (Executive Council) to prepare a fresh panel' of persons.

(2J3) 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,", SEC. n THE GAZETTE OP INDIA EXTRAORDINARY 9

9. For section 14 of the principal Act, the following section shall be substituted, namely: — Substitution of new section for section

14.

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

(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.

The Vpa.

charya (Vice- Chancellor).

(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 by him on such matter:

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

Provided further that an employee of the University, who is aggrieved by the action taken by the Upacharya (Vice-Chancellor) under this sub-section, shall have the right to appeal against such action to the Karma-Samiti (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 shall be substituted, namely: — Substitution of new sections 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.

(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, The Karma- Sachiva (Registrar).

10 THE GAZETTE OF INDIA EXTRAORDINARY [PABT II—

17. (1) All officers of the University, other than the Achwrya (Chancellor), the Upacharya (Vice-Chancellor) and the Kwrma- 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.

Other officers.

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

12. In section 18 of the principal Act,—Amendment of section

18.

(i) in clause (3), the word "and" occurring at th« end shall be omitted;

(ii) clause (4) shall be re-numbered as clause (6), and before clause (6) as so re-numbered, the following clauses shall be inserted, namely: — " (4) The Artha-Sarmti (Finance Committee);

(5) The Institute Board; and".

13. For sections 19, 20 and 21 of the principal Act, the following section shall be substituted, namely: — Substitution of new flection for sections 10, 20 and 21.

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

(a) to review, from time to time, the broad policies and programmes of the University, including the maintenance of standards and adherence to the objectives of the University and to suggest measures for the development and improvement of 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;

(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: — Substitution of new section for sections 22 and 23.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY n "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) and the term o£ office of its members shall be such as may be prescribed by the Statutes. ;

The Karma* Samlti (Executive Council).

(3) The Karma-Samiti (Executive Council) shall exercise the following powers and perform the following functions, namely: —

(a) to manage and administer the revenue and property of the University and to conduct all administrative affairs of the 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 fh« University: •

Provided that before determining the number, qualifications and emoluments of adhyapakas and other academic staff, the Karma*Samiti (Executive Council) shall consider the recommendations 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 recommendation of the Selection Committees constituted for the purpose and to fill up temporary vacancies therein;

(d) to provide fer the appointment of Visiting Professor*, Emeritus Professors, Fellows, Scholars;, Resident Artists and Resident Writers and to determine the terms and conditions of such appointment;

(e) to manage and regulate the finances, accounts, investments, 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, including any unapplied income, in such stocks, funds, shares or securities as it thinks fit, or in the purchase of immovable property in India;

(gf) 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,—

(i) 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.

Amendment of section 24, i a THE GAZETTE OF INDIA EXTRAORDINARY [PART tt— 16 For section 25 of the principal Act, the following section shall bo substituted, namely: — Substitution oi newsection for section 25.

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

Other authorities of the University.

17. For section 27 of the principal Act, the following section shall be substituted, namely: — Substitution of new section for section 27.

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

(a) the manner of appointment, of the Upacharya (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 terra of office of its members and its powers and functions;

(/) the constitution of the Karma-Samiti (Executive Council), the term of office of its members and its powers and functions;

(gf) 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 adhyapakas 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 adliyapdkn of the University or to any other academic post, the salary oi such person together with the pen- SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY ' 3 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 organisation for a specified period for undertaking a joint project;

(k) the appointment of Visiting Professors, Emeritus Professors, 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;

(TO) 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 of any officer or authority of the University, including the time within which such appeal or application for review may be preferred or made;

(o) the procedure for the settlement of disputes between employees of the University, or students of the University, and the University;

(p) the conferment of honorary degrees;

(q) the institution of fellowships, scholarships, studentships, medals and prizes;

(r) the maintenance of discipline among the employees and students of the University;

(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 University;

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

(v) 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 authorities of the University;

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

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

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

14 THE GAZETTE OF INDIA EXTRAORDINARY [PART l i - ft 18. In section 28 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely: — Amendment of section

28.

"(1) On the commencement of the Visva-Bharati (Amendment) Act, 1984, the Statutes in force immediately before such commencement, as amended by that Act, shall be the Statutes of the University.".

19. For sections 29 and 30 of the principal Act, the following sections shall be substituted, namely: — Substitution of new sections for sections 29 and 30.

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

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

(fa) 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 hok 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 University 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 personB entrusted with the responsibility of evaluation;

(h) the conditions of residence of the students of the University and the special arrangements, if any, for the residence of women students;

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

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

Provided that where any person who had held any post and is in receipt of a pension or other form of retirement benefits is SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY '5 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;

(/c) the terma and conditions of approval of institutions of higher learning and its withdrawal;

0) 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, collaborating or associating with the University, may be approved as adhyapakas and for withdrawing such approval;

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

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

30. (1) The Ordinances in force immediately before the commencement of the Visva-Bharati (Amendment) Act, 1984, may be amended, repealed or added to, at any time by the Karma-Samiti (Executive Council):

Power to make Ordinances.

Provided that no Ordinance shall be made in respect of matters enumerated in section 29, other than those enumerated in clauses

(e), (h), (j), (m) and (o) thereof, unless a draft of such Ordinance ha3 been proposed by the Siksha-Samiti (Academic Council).

(2) The Karma-Samiti (Executive Council) shall not have power to amend any draft proposed by the Siksha-Samiti (Academic Council) under the provisions of sub-section (1), but may reject the proposal or return the draft to the Siksha-Samiti (Academic Council) for reconsideration either in whole or in part, together with any 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-Samiti (Academic Council) may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than one-half of the total membership of the Siksha-Samiti (Academic Council) and by a majority of not less than two-thirds of the members of the Siksha-Samiti (Academic Council) present and voting, the draft may be sent back to the Karma-Samiti (Executive Council), which shall either adopt it or refer it to the Paridarsaka (Visitor) whose decision thereon shall be final. ,

(4) Every Ordinance made by the Karma-Samiti (Executive Council) shall come into effect immediately.

(5) Every Ordinance made by the Karma-Samiti (Executive Council) shall be submitted to the Paridarsaka (Visitor) within four 16 THE GAZETTE OF TNDTA EXTRAORDINARY [PART II— weeks of the elate of the meeting of the Karma-Samiti (Executive Council), and the Paridarsaka (Visitor) shall have the power to direct the University, within six weeks from the date of the receipt of the Ordinance, to suspend the operation of any Ordinance and he shall, as soon a? possible, inform the Karma-Samiti (Executive Council) about his objection to the proposed Ordinance.

(6) The Paridarsaka (Visitor) may, after receiving the comments 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.

" • lend- " lent of ection

52.

21. In section 34 of the principal Act, for the word "examinations", the words "tests, evaluations and examinations" shall be substituted.

" :ndnent of ection

22. For sections 35 and 36 of the principal Act, the following sections shall be substituted, namely: — iubstlution of ew secions for ections 5 and

"35. (1) 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.

jinual port.

(2) The annual report so 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 Samsad (Court) in its annual meeting.

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

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

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

.1 ;ounts.

(2) A copy of the accounts together with the audit report shall be submitted to the Samsad (Court) and the Paridarsaka (Visitor) SEC. i] T&E GAZETTE OF INDIA EXTRAORDINARY 17 along with the observations of the Karma-Samiti (Executive Council).

(.9) 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, causa 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: — Substitution of newsections for sections 37 and 38.

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

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

Adhyapakas of the University to be appointed under a written contract.

(3) In the case of an adhyapaka appointed by the University before the commencement of the Visva-Bharati (Amendment) Act, 1984, the contract in force immediately before such commencement, in relation to his emoluments, shall, to the extent of any inconsistency with the provisions of this Act or the Statutes or the Ordinances, be deemed to have been modified by the said provisions and where there is no such contract and the 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, 1984.

33. (1) Any dispute arising out of a contract of employment referred to in section 37, including a dispute relating to the noncompliance of the provisions of this Act. the Statutes or the Ordinances, shall, at the request of the adhyapaka, be referred to a Tribunal of Arbitration which shall consist of one member nominated by the Karma-Samiti (Executive Council), one member nominated by the adhyapaka concerned and one member (who shall act as umpire) nominated by the Paridarsaka (Visitor).

Tribunal of Arbitration.

(2) Every request made under sub-section (I) shall be deemed to be a submission to arbitration upon the terms of this section , 8 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT It— within the meaning of the Arbitration Act, 1940, and all the provisions of that Act, with the exception of section 2 thereof, shall apply accordingly.

10 of 1840.

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

(4) The decision of the Tribunal of Arbitration shall be final and binding on the parties.

(5) The Tribunal of Arbitration shall have the powerfa) to regulate its own procedure;

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

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

Provided that the income which could 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 Income had he not been suspended or removed or dismissed from service or if his service had not been terminated.

(6) No suit or other proceedings shall 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 under suspension—

(o) where a disciplinary proceeding against such adhyapaka or other member Js contemplated or Is pending; or

(b) where a case against him in respect of any criminal offence is under investigation or trlaL Power to suspend adhyam paka or other niembcr at academic staff.

(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-Samiti (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 circumstances of the case do not warrant the suspension.

(4) Any person aggrieved by an order of suspension, which has not been revoked under subjection (3)j may prefer an appeal to the SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19 Karma-Samiti (Executive Council) within thirty days from the data 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, appointed by the University shall be dismissed or removed from service or punished in any other manner except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard m respect of those charges:

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.

Authoii tics by whom order for ro.

moval or dismissal of adhyapaka, etc., may bo made find tho procedure therefor,

(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—

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

(b) is an undischarged insolvent; or

(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 academic 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 1he 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 University and an adhyapaka, or other member of the academic staff, appointed by the University, guch adhyapaka or other member of the academic staff may resign his office—

(a) where he is permanent, bv giving three months' notice in writing to the KarmQ-Samiti (Executive Council) or by a o THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 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 Karmw-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 permits, 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 Kanna-Samiii (Executive Council).

Explanation.—"Suspension" shall not be deemed' to be a punishment within the meaning of this section.'.

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

44B.

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

Protection of action taken in good faith.

44B. A copy of any receipt, application, notice, order, proceeding 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 contained 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 transactions specified therein where the original thereof would, If produced, have been admissible in evidence.".

1 of 1872.

Mode of proof of University record.

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

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

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

Amendment of Second Schedule.

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

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

(1) for Statute 1. the following Statute shall be substituted, namely: — '1. Definitions In th^se Statutes, unless the context otherwise requires,—

(a) "Act" means the Visva-Bharati Act, 1951; 29 of 1951.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21

(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 Upwchaiya (Vice-Chancellor)

(1) 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 Committee:

Provided that no person who is an employee of the Universitv or a member of the Samsad (Court), Karma-Samiti (Executive Council) or Siksha-Samiti (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 f<">r rc-appointment:

Provided that the Paridarsaka (Visitor) may require any Upacharya (Vice-Chancellor), whose term has expired, to continue 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: — (J) there shall be paid to the Upacharya (Vice-Chancellor), 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) personally 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;

(it) the Upacharya (Vice-Chancellor) shall be entitled to such terminal benefits and allowances as may be fixed by a a TH0 GAZETTE OF INDIA EXTRAORDINARY [PART H—, the Karma-Samiti (Executive Council) with the approval of the Paridarsaka (Visitor) from time to time:

Provide^ that where an employee of the University or any other University or any institution maintained by it is appointed as Upacharya (Vice-Chancellor), he may be allowed to continup 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 same rate at which such person had been contributing immediately before his appointment as Upacharya (Vice-Chancellor);

(in) 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;

(v) the Upacharya (Vice-Chancellor) shall also be entitled 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 is unable lo perform his duties owing to absence, illness, or any other cause, the senior-most Profeswor of the University shall perform the duties of the Upacharya (Vice-Chancellor) until a new Upacharya (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 Sikxha-Samiti (Academic Council)", the words and brackets ", the Sikuha-Samiti (Academic Council) and the Artha-Samiti (Finance Committee)" shall be substituted;

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

(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 Reconstruction shall be such ag may be prescribed by the Ordinances, SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAî a3

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

(4) Subject to the general supervision of tile Sihsha-Samiti (Academic Council), the Director of Studies, Educational Innovations and Rural Reconstruction shall be responsible for organising studies, educational innovations and academic programmes of the University at Santiniketan and programmes of rural reconstruction 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-Sctmiti (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 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 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 Vpacharya (Vice-Chancellor), the Director of Culture and Cultural Relations shall—

(a) co-ordinate teaching and research on the ideals and works of Rabindranath Tagore, Indian culture and its relations 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;

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

(f) co-ordinate the activities of the institutions at Santiniketan and Sriniketan in respect of culture and cultural relations.

(5) The Director of Culture and Cultural Relations shall also act as the Adhyaksha of the Rabindra Bhavana".

sj4 "THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

4C. The Director of Physical Education, Sports, National Service and Student 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 Physical 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 office or until he attains the age of sixty-five years, whichever is earlier.

(4) The Director of Physical Education, Sports, National Service and Student Welfare shall coordinate the activities of the Institutes at Santiniketan and Sriniketan in respect of physical education, sports and national service and other activities that involve students' participation in community development.

(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 Santiniketan and Sriniketan.

(6) The Director of Physical Education, Sports, 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 (Executive Council) and the Upacharya (Vice-Chancellor).";

(6) for Statutes 5 and 6, the following Statutes shall.be substiiuted, namely: — "5. The Karnia-Sachiva (Registrar)

(1) The Karma-Sachiva (Registrar) shall be appointed by the Karma-Samiti (Executive Council) on the recommendation of a Selection Committee constituted under Statute 20G 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 Upacharya (Vice-Chancellor) may appoint for the purpose.

(4) (a) The Karma-Sachiva (Registrar) shall have power to take disciplinary action against such of the employees, excluding adhyapakas of the University and other members of the fifcc. lj THE GAZETTE OF INDIA EXTRAORDINARY 25 academic staff, as may be specified by the Karma-Samiti (Executive Council), by order, and to suspend them pending inquiry, to administer w^nings to them or to impose on them tne 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 01 showing cause against the action proposed to be taken in regard to him.

(b) An appeal shall lie 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 his 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- Chancellor) imposing any penalty.

(5) The Karma-Sachiva (Registrar) shall be ex-officio Secretary oi the Samsad (Court), Karma-Samisti (Executive Council), the Siksha-Samiti (Academic Council) and the Institute Boards, but he shall not be deemed to be 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- Samitis (Boards of Studies), the Boards of Examiners and of the committees appointed by the authorities of the University;

(c) keep the minutes of all the meetings of the Samsad (Court), the Karma-Samiti (Executive Council), the Siksha- Samiti (Academic Council), the Institute Boards, the Patha- Samitis (Boards of Studies), the Boards of Examiners 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 Siksha- Samiti (Academic Council) and the Institute Boards;

(c) supply to the Paridarsaka (Visitor) and the Acharya (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;

(/) represent the1 University, in suiti or proceedings by or against the University, sign powers of attorney and 26 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II— veiny pieaoinga or depute his representative for trie purpo&e;

and

(g) perform such other functions as may be specified in these Statutes, the Ordinances or the Regulations or as may be required, from time to time, by the Kaxma-Samiti (Executive Council) or the Upacharya (Vice-Chancellor).

6. Vitta-Adhikari (Finance Officer) (J.) There shall be a Vitta-Adhikari (Finance Officer) foi the University who 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 wholetime salaried officer of the University.

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

Provided that a Vitta-Adhikari (Finance Officer) shall retire on attaining the age of sixty years.

(3) When the office of the Vitta-Adhikari (Finance Officer) is vacant or when the Vitta-Adhikarii (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 performed by such person as the Upacharya (Vice-Chancellor) may appoint for the purpose.

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

(5) The Vitta-Adhikari (Finance Officer) snailfa) exercise general supervision over the funds of the University and shall advise it as regards its financial policy; and

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

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).

(6) Subject to the control of the Karma-Samiti (Executive Council), the Vitta-Adhikari (Finance Officer) shall—

(a) hold and manage the property and investments of the University, including trust and endowed property, for furthering any of the objects of the University;

(b) ensure that the limits fixed by the Artha-Samiti (Finance Committee) for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purposes for which they are granted or allotted;

SEC. 1] THE GAZETTE OF INDIA EXTRAOBDINABY 27

(c) be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Karma-Samiti (Executive Council);

(d) keep a constant watch on the state of the cash and bank balances and on the state of investments;

(e) watch the progress of the collection of revenue and advise on the methods of collection employed;

(f) ensure that the registers of buildings, land, furniture and equipment are maintained up to date and that stockchecking is conducted, of equipment "ind other consumable materials, in all offices, special centres, specialised laboratories, Bhavands and other institutions maintained by the University;

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

(h) call for from any office, special centre, specialised laboratory, Bhavana or other institution maintained by the University, any information or returns that he may consider necessary for the performance of his duties.

(7) The receipt by the Vitta-Adhikari (Finance Officer) or by the person or persons duly authorised in this behalf by the Karma-Samiti (Executive Council) of any money payable to the University shall be sufficient discharge for the same.

6A. Adhyakshas of Bhavanas

(1) Every Adhyaksha of a Bhavana, other than the Rabindra Bhavana, the Vinaya Bhavana and the Patha-Bhavana, shall be appointed by the Karma-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 Adhyaksha on attaining the age of sixty years shall cease to hold office as such:

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

(2) When 1he office of the Adhyaksha is vacant or when the Adhyaksha i?. by reason of illness, absence or any other cause, Unable to perform the duties of his office, the duties of t^e offlQe.

a8 THE GAZETTE OF INDIA EXTRAORDINARY [PART H— shall be performed by such person as the tJpachanja (Vice- Chancellor) may appoint for the purpose.

(3) The Adhyaksha shnll 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 Adhyaksha shall have the right to be present and 1o speak 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 thereat unless he is a member thereof.

6B. Adhyaksha of Patha-Bhavana

(1) The Adhyaksha of the Patha-Bhavana shall be appointed by the Kq.vma.-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 Adhyaksha of the Patha-Bhavana shall be such as may be prescribed by the Ordinances:

Provided that the Adhyaksha of the Patha-Bhavana shall retire on attaining the age of sixty years.

(3) The Adhyaksha of the Patha-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 KarmaSamki (Executive Council).";

(7) for Statutes 8. 9 and 9A, the following Statutes shall be substituted, namely:— "8. Thp Grantbagarika (Librarian)

(2) There shall be a Granthagarika (Librarian) of the University who shall be appointed by the Karma-Samlti (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 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 Granthagarika (Librarian) shall exercise such powers and perform such functions as may be prescribed by the Ordinance^.

SEC. 1] THE GAZETTE OF INDIA EXTBAORDINARY 29

9. Chatra-Parkhalaka (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 adliyapakas 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 assigned to him by the Upacharya (Vice-Chancellor) or the Siksha- Samiti (Academic Council).

10. The Samsad (Court)

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

(i) the Acharya (Chancellor);

(H) the Upacharya (Vice-Chancellor);

(in) 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 Bhavanas;

(vii) the Granthagarika (Librarian);

(viii) the Chatra-Parichalaka (Proctor);

(ix) the Head df the Palli-Samgathana Vibhaga;

(x) the Head of the Granthan Vibhaga;

(xi) the Heads of Departments;

Representatives of Adhyapakas

(xii) one adhyapaka from each of the Institutes, by rotation according to seniority;

Representatives of non-teaching staff

(xiii) five representatives of non-teaching staff by rotation according to seniority;

Representatives of Students

(xiv) two students to be nominated by the Siksha- Saviiti (Academic Council) from amongst students who have 3O THE GAZETTE OF INDIA EXTRAORDINARY [PART LI— 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 nominated1 by the Upacharya.

(Vice-Chancellor) on the basis of merit so as to provide representation to any section of students which in his opinion is unrepresented:

Provided that in nominating students under items (xiv) and (x-v), women students shall be adequately represented;

Representatives of Parliament

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

Representatives of 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 (Rfector);

(xx) one person to be nominated by the Acharya (Chancellor) ;

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

(2) For the purpose of appointing the members under Items

(xii) and (xiii) of clause (J), a common seniority list of the Concerned categories based on the length of service in the University • shall be maintained.

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

(4) Members representing students shall hold office for a term of one year from the date of their nomination or till such time as they continue to be students, whichever is earljar.

S ™ 1 ] THE GAZETTE Of INDIA EXTRAORDINARY 3 j

(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

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

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

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

(8) for Statutes 12 to 19, 19A and 20, the following Statutes shall be substituted, namely: — "12. Meetings of the Samsdd (Court)

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

(2) At an annual meeting of the Samsad (Court), the following documents shall be presented, namely: —

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

(a) 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

(ii) a statement of income and expenditure and balancesheet, as audited; and

(ui) the financial estimates for the next year.

(3) A copy of the statement of receipts and expenditure, the balance-sheet and the financial estimates referred to in clause

(2) shall be sent to every itoember 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 members, other than the members representing the employees or students of the University, shall form a quorum for a meeting of the Samsad (Court).

Jt* 'rtiffi GAZETTE OF INDIA EJtTRAORDINABY t̂ ART ii—,

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

13. The Karma-Samiti (Executive Council)

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

(i) the Upacharyq (Vice-Chancellor);

(ii) 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 Adhyaksha, of the Patha-Bhavana, ex-offido;

(yi) one Adhyaksha from among the Adhyakshas of Palli-Sarngathana Vibhaga and Palli-Siksha Sadan, by rotation according to seniority;

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

(viii\ one Adhyaksha from among the Adhyakshas of Vidya-Bhavana and Sikxha Bhqvana, by rotation according to seniority;

(ix) three adhyapakas of the University, by rotation according to seniority;

(x) three persons to be elected by the Samsad (Court) from amongst its members, none of whom shall be an employee 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 (Rector);

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

(2) For the purpose of appointing the members under item

(ix) of clause (l) ,a common seniority list of all the adliyapakas of the University based on length of service in the University shall be maintained.

&£C. 1] THE GAZETTE OF INDIA EXTRAORDINARY 33

(3) Each member of the Karma-Samiti (Executive Council), other,than the Upacharya (Vict>-Chancellor) and the Adhyaksha of Granthan Vib)iagaJ 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 Upacharya (Vice-Chancellor), he shall cease to be a member of the Karma-Samiti (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 Karma-Samiti (Executive Council) Subject to the provisions of the Act, these Statutes and the Ordinances, the Karma-Samiti (Executive Council) shall, in addition to all other powers vested in it under the Act exercise the following powers, namely: —

(i) to appoint such adhyapakas and officers of the University as may be necessary on the recommendation of the Selection Committee constituted for the purpose:

Provided that no action in respect of the number, qualifications, emoluments and other conditions of service of adhyapakas shall be taken by the Karma-Samiti (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;

(Hi) to grant leave of absence to any officer of the University, other than the Acharya (Chancellor) and the Upacharya (Vice-Chancellor), and to make arrangements for the discharge of the functions of such officer during his absence;

(iv) to regulate and enforce discipline among the employees in accordance with these Statutes and the Ordinances;

(v) to institute fellowships, scholarships, studentships, medals and prizes;

(in) to make such special arrangements as may be necessary for the residence and discipline of women students;

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

(viii) to confer honorary degrees;

a 4 THE GAZETTE OF INDIA EXTRAORDINARY [PAHX II—,

(ia) to transfer or accept transfers of any movable or immovable property on behalf of the University;,

(a) to accept, regulate and administer funds received from ariy trust;

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

(xii) to enter into, vary, carry out and cancel contracts on behalf of the University;

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

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

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

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

15. The Siksha-Samiti (Academic Council) (J) The Siksha-Samiti (Academic Council) shall consist of the following members, namely: —

(i) the Upacharya (Vice-Chancellor);

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

(iii) 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;

(vii) all Professors;

(viii) the Granthagarika (Librarian);

(ix) the 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 Paridarsaka (Visitor);

(xii) two students to be co-opted by the Siksha-Samiti (Academic Council) from amongst students who are proficient in studies, sports, extra-curricular activities and allround development of personality and from amoncrst those SEC. 1] THE GAZETTE OF INDIA EXTHAORDINARY 35 who have won prizes in the pieceding year in the fields of studies, fine arts, spurtj, extension work or any other prizes at the level of Clas^ X and above;

(xiii) three students to be nominated by the Vpacharya (Vice-Chancellor) on the basis of merit GO as to provide representation to any section of students which is 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 University, co-opted by the Siksha-Samiti (Academic Council) for their special knowledge.

(2) For the purpose of appointing the members under item

(x) of clause (1), a common senioiity list of adhyapakas of all categories, other than Professors, based on length of service shall be maintained.

(3) The members of the Siksha-Samiti (Academic Council) , other than the ex-officio members and the members representing the students, shall hold office for a term of three years from the date of their election or 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 earMpr 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

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

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

(7) No member referred to in clause (4) shall have the riqht to be present at the meeting of the Siksha-Samiti (Academic Council) when it takes up for consideration any of the following matters, namely: —

(a) the recruitment and conditions of service of posts in the faculties of the University;

(b) annual processes of evaluating academic performances and merits of students.

36 THE GAZETTE OF INDIA EXTRAORDINARY [PART 1%—,

16. Powers and duties of tlie Siksha-Samiti (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-Bhavcma co-ordination and to establish or appoint Committees for tahing up projects on an lnter-Bhavana 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 Statutes 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, admissions, 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 without the prior approval of the Karma-Samiti (Executive Council).

17. The Artha-Samiti (Finance Cominitteye)

(1) The Artha-Samiti (Finance Committee) shall consist of the following members, namely: —

(i) the Upacharya (Vice-Chancellor);

(U) one Adhyaksha from among the Adhyakshas of the Institutes to be appointed by the Karma-Samiti (Executive Council);

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

(iv) three persons to be nominated by the Paridarsaka (Visitor).

(2) All the members of the Artha-SamHi (Finance Committee), other than the Upacharva (Vicp-Chf>ncol1or), shall hold office for a term of thro- years from the date of their appointment or nomination, as the case may be.

(3) Four members of the Artha-Sarniti (Finance Committee) shall form the quorum for a meeting of the Artfia-Samiti (Finance Committee), SEC. 1] THE GAZETTE OF INDIA EXTBAOBDINABY 37

(4) A member of the Artha-SarniU (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 Committee).

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

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

(2) The annual accounts and the financial estimates of the 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 expenditure other than that provided in the budget for any year shall be incurred by the University without the approval of the Artha-Samiti (Finance Committee).

19. Institutes

(1) The University shall have the following Institutes, namely: — I. At Santiniketan

(i) Vidya-Bhavana

(n) Siksba-Bhavana (Hi) Kala-Bhavana

(w) Sangeet-Bhavana

(v) Vinaya-Bhavana

(vi) Rabindra-Bhavxana

(vii) Uttar Siksha Sadan

(viii) Patha-Bhavana II. At Sriniketan

(i) Palli-Samgathana Vibhaga

(ii) Pdlli Siksha Bhavana

(iii) Siksha Satra III. At Calcutta Gravthana Vibhaga.

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

(i) Adhuaksha of the Institute;

?,8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(ii) Professors of the Institute, }f any;

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

(iv) two adhyapakas 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 University;

(vi) one student of the Institute to be nominated by the Adhyaksha 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, whichever is earlier

(5) No student who-- ,(i) passed the high school-or an equivalent examination more than ei.qht 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

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

(tf") Members renresentinti 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 examination 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 teaching 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;

SEC, 1] THE GAZKTTE OP INDIA EXTRAORDINARY 39

(v) to forward to the Karma-Samiti (Executive Coun- ?U) the recommendations of the Patha-Samitis (Boards of Studies) and thf Kesearch 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 that 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.

(i) adhyapakas of the Department;

(ti) Adhyaksha or Adhyakshas of the concerned Institute;

(iii) Honorary Professors, if any, attached to the Department;

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

(v) two experts not in the service of the University to be co-opted by the Department.

20. Patha-Samitis (Boiirds 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 a 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 (/) , the Siksha-Samiti (Academic Council) may establish such Patha- Samitis (Boards of Studies), as may be considered necessary for inter-disciplinary research.

(3) A Patha-Samiti (Board of Studies) shall have the following powers and functions, namely:-—

(a) to recommend to the Institute Board— ({) courses of studies;

4b THffi GAZETTE OF INDIA EXTRAORDINARY [PART 11^

(it) appointment ol persona for evaluation;

(iii) creation or abolition ot upgiading ol 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 general and academic interests to the Department and of its functioning; and (<J) 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 members, namely: —

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

(ii) Adhyakshas of Institutes;

(iii) one Professor and one Reader from each Institute, to be nominated by the Upacharya (Vice-Chancellor);

(w) 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 is more than one Professor, the Head of the Department shall be appointed from among the Professors by the Ka.rma-Sa.miti (Executive Council) on the recommendation of the Upacharya (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 Upacharya (Vice- Chancellor), the Professor, or a Reader, as the Head of a Department:

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

SEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY 4 i

(3) No Professor or Header 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 yeais and shall be el^ble for re-appointment:

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

(5) A Head of a Department may resign his office at an) 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 Committee

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

(i) Upacharya (Vice-Chancellor);

(ii) Adhyakshas of Bhavanas;

(in) Two Professors, two Readers, two Lecturers and two other adhyapakas to be nominated by the Upacharya (Vice-Chancellor);

(iv) Karma-Sachiva (Registrar).

(2) The Cents al Admission Committee shall lay down principles governing admission to the different courses of the University, keeping in view the objectives specified in section 5A of the Act, review the admission policy from time to time and shall exercise such other powers and perfoim such other functions as may be assigned to jt by the Siksha-Samiti (Academic Council).

20D. Admission Committee for Institutes

(1) There shall be an Admission Committee foi each Institute of the University consisting of the following members, namely —

(i) Adhyaksha of the Institute;

(ii) Two adhyapakas of the Institute to be nominated by the Upacharya (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 conduct 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 be assigned to it by the Central Admission Committee.

20E. Composition and functions of <bp» 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 Adhyaksha of the Department as Chairman and BH other adhyapakas of the Department 3?

members, 42 THE GAZETTE OF INDIA EXTRAORDINARY [PART EL—

(2) The Departmental Committee shall perform such functions as may be presciibed by the Ordinances.

20F. Building and Campus Committee

(2) The Karma-Samiti (Executive Council) shall appoint a Building and Campus Committee to look after the building programmes 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 column (2) thereof.

THE TABLE

(1) Director of Studies, Educational Innovations and Rural Reconstruction.

Director of Culture and Cultural Relations.

Director of Physical Education, Sports, National Service and Student Welfare.

Professor

(2) Not less than three eminent persons, not in the service of the University or members of the Karma-Samiti (Executive Council) or Siksha-Samiti (Academic Council), to be nominated by the Karma-Samiti (Executive Council) out of a panel of not less than six names recommended bv the Siksha-Samiti (Academic Council) for their special knowledge of, or interest jn, the subjects with which the Director to be appointed will be concerned.

(i) Adhyaksha of the Institute concerned.

(ii) Head of the Department concerned, if he is a Professor.

(iii^ One of fhi Professors of the Department concerned to r>p nominated bv the UpachnrTin (Vicp-Chancellor).

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 4$

(1) Reader or Lecturer Adhyaksha of the Palli-Samgathana Vibhaga.

(2)

(iv) Not less than three persons, not being in the service of the University or members of the Karma-Samiti (Executive Council), or Siksha- Samiti (Academic Council), to be nominated by the Karma-Samiti (Executive Council) out of a panel of not less jthan six names reporrH mended by the Siksha-Samiti (Academic Council) for their special knowledge of, or interest in, the subject with wiiich the Professor to be appointed will be concerned.

(i) Adhyaksha of the Institute concerned.

(ii) Head of the Department concerned.

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

(iv) Not lefcs than two persona, not being in the service of the University or members of the Karma-Samiti (Executive Council) or Sikaha- 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 subject with which the Reader or Lecturer to be appointed will be concerned.

Three eminent persons not in the service of the University, of whom two 'Shall be nominated by the Karma-Samiti (Executive Coun- 44 THE GAZETTE OF INDIA EXTRAORDINARY [PART Sl—.

(1) Adliyakshas of other Institutes Granthaganlca (Librarian) Adhyaksha of Palha-Biiavana Karma-Sachiva (Registrar) or Vitta-Adhikari (Finance Officer).

(2) cil) and one by the Sik&ha-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 KarmaSamUi (Executive Council) and the other by the Siksha-Samiti (Academic 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-Sctmiti • (Academic Council).

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

Three eminent educationists, not in the service of the University, of whom two shall be nominated by the Karma-Samiti (Executive Council) and one by the Sifcs/ia- Samiti (Academic Council).

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

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

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

Note 1 —The Professor to be nominated shall be a Professor concerned with the speciality for which the selection is being made and that the Upacharya (Vice-Chancellor) shall consult the Head of the. Department and the Adhyaksha of the Institute concerned before nominating the Professor.

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

Sac. ij THE GAZETTE OF INDIA EXTRAORDINARY 4A

(4) The meetings of a Selection Committee shall be «onvened by the Upacharya (Vice-Chancellor) or in his absence, by the senior-most Proiessor.

(5) Four niembeis of a Selection Committee, of whom at least two persons, in the case oi selection ol a Pioiesbor, and one person, in the case of selection of a Reader or Lecturer, as specified in column (2) of the Table below clause (2), shall form the quorum for a meeting oi the Selection Committee and subject to this, the procedure to be followed by a Selection Committee for making recommendations shall be laid down in the Ordinances*

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

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

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

Provided that if the Upacharya (Vice-Chancellor) is satisfied that in the interests of work it is necessary to fill the vacancy immediately, the appointment may be made %n a purely temporary basis 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 Adhyaksha 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 Department, the Selection Committee may consist 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 he Is subsequently selected by a local Selection Committee or a regular Selection Committee, for a temporary or permanent appointment, as the case may be.

46 TliE GAZETTE OF INDIA EXTRAORDINARY [PAR* HI—

20H. Advisory Council for Educational Innovations

(1) There shall be constituted, as soon as possible, but not later than one month from the date of commencement of the Visva-Bharati (Amendment) Act, 1964, an Advisory Council for Educational Innovations (hereinafter referred to as the Advisory Council) which shall be a Standing Committee of the Siksha,- Samili (Academic Council), and shall consist of the following members, namely: — -•J(i) The Upacharya (Vice-Chancellor) —Chairman;

{ii) Director of Studies, Educational Innovations and Rural Reconstruction—Member Secretary;

{Hi) Director of Culture and Cultural Relations;

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

(v) Adhyaksha of Palli-Samgatihana Vibhaga;

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

(vii) four members of the Siksha-Samiti (Academic Council) to be nominated by the Upacharya (Vice-Chancellor).

(2) The functions of the Advisory Coujncil shall be as follows: —

(o) to review the present educatipnal system at Visva- Bharati in the light of the teachings of Rabindranath Tagbre particularly those relating to education;

(b) to suggest ways and means to: —

(i) embody the educational ideas of Rabindranath Tagore more adequately in the educational system of the University;

(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, beauty and goodness and harmony with nature;

{in) organise the structure of education, so as to provide opportunities to students to offer combinations of subjects belonging to ruftnanities, sciences, fine arts and technology; and {iv) develop new teaching-learning processes which will combine lectures, tutorials, seminars, demonstrations, self-studies and collective practical projects.

(3) The Advisory Council shall be a permanent body and phall, from time to time, make such reports and suggestions as it SEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY 47 may think proper to the Siksha-Samiti (Academic Council) which shall 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 its reports to the 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-Samiti (Executive Council) who shall implement the same.

(6) Such suggestions of the Advisory Council as have not been accepted by the Siksha-Samiti (Academic Council) shall be submitted to the Paridarsaka (Visitor) by the Karma-Samiti (Executive Council) along with Its recommendations for the advice of the Paridarsaka (Visitor), and the advice of the Paridarsaka (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 Student Welfare—Chairman;

(ii) all Doctorate and Post-Doctorate students;

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

(iv) 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 student 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 p-ogrammPK of studies, student welfare and other matter,, of importance in regard to the working of the University In general, and such suggestions shall be made on the basis of consensus of opinion.

48 THE GAZETTE OF INDIA EXTRAOKDINAHY [PART 1I-,

(3) The Council shall meet at least once in a year, preferably at the beginning of the academic year.

20J. Appointment for a fixed tenure 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 of retirement of employees of the University

(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 adhyapakaj who has retired after the expiry of his contract of service:

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 such as may be prescribed by the Ordinances.

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

(3) The period of approval or recognition' of an adhyapaka shall be determined by the Ordinances made in that behalf.

20M. Seniority lists

(1) Whenever, in accordance with these Statutes, any person is to hold an office or be a member of an authority of the Univer- Sfcc. 1] THE GAZETTE OF INDIA EXTRAORDINARY 49 sity by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade, and in accordance with sucbj 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 Karma-SacMva (Registrar) may, on his own motion and shall, at the request of any such person, submit the matter to the Karma'Samiti (Executive Council) whose decision thereon shall he final,

20N. Removal of employees other than adhjapakas and academic staff of the University

(2) Notwithstanding anything contained jn the terms ni his contract of service or of his appointment, an employee of the University, other than an adhyapaka or a member of the academic staff, may "be removed by the authority which is competent to appoint the employee if he were to be appointed on the date of such removal (hereafter in this Statute referred to as the appointing authority), if the authority aforesaid is satisfied that such employee—

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

(b) is an undischarged insolvent; or

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

Provided that no such employee of the University shall bv removed from his office unless a resolution to that effect Is passed by the Karma-Samiti (Executive Council) by a majority of two-thirds of Its members present and voting.

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

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

5O THE1 GAZETTE OF INDIA EXTRAORDINARY [PAHT II—

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

(a) if he is a permanent employee, only after giving three months' notice in writing to the appointing authority or paying to the University three months1 salary in lieu thereof;

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

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

20O. Disciplinary control of the University

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

(2) An adfij/apo/ca or other employee of the University shall be subject to the disciplinary control of the University in relation to any misconduct committed by him within the precincts of the University or in connection with any examination conducted by the University and the University shall be competent to take disciplinary action against such adhyapaka or other employee for such misconduct.

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

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

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

(6) The provisions of this Statute shall have effect notwithstanding anything contained in any other provision of the Act SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 51 or to any other law (or the time being in force or in any instrument, rules or regulations having effect by virtue of the Act or any such law.

20P. Right of appeal or review

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

(2) An employee or student of the University aggrieved by a decij sion of the KarmaSamiti (Executive Council) and who, from the discovery of any new or important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decision was made, or on account of some mistake or error apparent on the face of the record or for any other sufficient reason, desires to obtain a review of the decision made against him, may apply; within such time as may be prescribed by these Statutes, for a review of such decision to the KarmaSamiti (Executive Council) and the KarmaSamiti (Executive Council) may, on such review, confirm, modify or reverse the decision.

20Q. Right of appeal in certain other cases {1) Any student or candidate for an examination whose name has been removed from the rolls of the University, by the orders of the Upacharya (Vice-Chancellor), or who has been debarred from appearing at such examination for two or more years, may, within ten days of the receipt by him of such orders, prefer an appeal to the Karma- Samitt (Executive Council) and the Karma^Samiti (Executive Council) may confirm, modify or reverse the decision of the Upacharya (Vice- Chancellor).

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

(3) The provisions of sub-section (2) to (<*) of section 38 of the Act shall apply to the Students' Tribunal referred to hi clause (2) as they apply to the Tribunal of Arbitration constituted under snb-secttor/ (J) of that section";

52 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(9) in clause (3) of Statute 21, in sub-clause (d), in the opening paragraph, for the words "Every person who successfully completed a course of studies at", the words "Every person who has been on the rolls of" shall be substituted;

(20) in Statute 22, for clause (2), the following clause shall be substituted, namely:— "(2) The Karma-Samiti (Executive Council) may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the Acltarya (Chancellor), any honorary degree conferred by the University.";

(11) after Statute 24, the following Statutes shall be inserted, namely:— "24A. Disqualifications

(1) A person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the University if l i e - fa') is of unsound mind or is a deaf-mute or suffers from contagious leprosy; or

(b) is an undischarged insolvent; or

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

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

24B. Membership of authorities by virtue of membership Notwithstanding anything contained in these Statutes, a person who holds any post in the University or is a member of any authority or body of the University in his capacity as a member of a particular authority or body or as the holder of a "particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be.";

(12) in Statute 25, for the words "preside over a meeting, authority or committee", the words "preside over a meeting of any authority of the University or any committee thereof" shall be substituted;

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 53

(13) for Statute 26, the following Statute shall be substituted, namely: — "26 Resignation Any member, other than an ex afficio member of the Sainsad (Court), the Karma-Samiti (Executive Council), the SikshaSamU (Academic Council) or any other authority of the University or any Committee of such authority may resign his office by letter addressed to the Karma-Sachiva (Registrar) and the resignation shall take effect as soon as such letter is received by the Karma-Sachiva (Registrar).";

(14) in Statute 47, for clauses (3) and (4), the following clauses shalf' be substituted, namely:— "(3) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the Upacharya (Vice-Chancellor) may, in the exercise of his powers, by order, direct that any student or students be expelled or rusticated, for a specified period, or be not admitted to a course or courses of study in an Institute or a Department of the University for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the University, an Institute or a Department for one or more years, or that the results of the student or students concerned in the examination of examinations in which he or they have appeared be cancelled.

(4), The Heads of special centres, Adhyakshas of the Institutes and Heads of teaching Departments in the Uniyereity shall have the authority to exercise all such disciplinary powers over the students in their respective centres, Institutes and teaching Departments in the University as may be necessary for the proper conduct of such special centres, Institutes and teaching Departments.

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

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

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

{15) after Statute 49, the following Statute shall be inserted, namely:— "50. Delegation of powers Subject to the provisions of the Act and these Statutes, any officer or authority of the University may, in the manner prescribed in the Ordinances, delegate his or Its powers to any other officer or authority or person under his or its respective control subject to the condition that the overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer p r authority delegating such powers.".

54 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]

28. (J) Every authority of the University shall, as soon as may be, after the commencement of this Act, be constituted in accordance with the provisions of the principal Act, and of the Statutes of the University, as amended by this Act and until any such authority is constituted, the authority functioning immediately before such commencement shall continue to exercise ail the powers and perform all the duties under the principal Act and the Statutes, so amended.

Transitional provisions.

(2) The Upacharya (Vice-Chancellor), the Karma-Sacfiiva (Registrar), the Artha~Sachiva (Treasurer) and the Granthaganka (Librarian) holding office immediately before the commencement of this Act, shall, on and from such commencement hold their respective offices for the same tenure and upon ihe same terms and conditions as they held it immediately before such commencement.

(3) The Acharya (Chancellor), Adhyakshas of the Institutes and the Chaira-Parichalaka (Proctor) shall, as soon as may be, after the commencement of this Act, be appointed in accordance with the provisions of the principal Act arid the Statutes of the University as amended by this Act, and the person holding any such office immediately befor* stinb commencement shall continue to hold that office until M& successor enters upon his office.

(4) The person holding the office of the Dean of Student Welfare immediately before the commencement of this Act, shall continue to hold that office until the Director of Physical Education, Sports, National Service and Student Welfare enters upon his office.

29. Anything done, any action taken or any degree or other academic distinction conferred by the Visva-Bharati before the commencement of this Act shall, notwithstanding any change made by this Act in the constitution of the Samsad (Court), the Karma-SamiH (Executive Council), the Siksha-Samiti (Academic Council), or any other authority of the University, be valid as if such thing were done, action were taken or degree or other academic distinction were conferred under the provisions of the principal Act as amended by /his Act.

Savings.

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

Powers of Paridarsaka (Visitor) lo make appointment in certain cusies.

R. V. S. PERI SASTRI, Secy, to the Govt, of India.

MINTED BY THE GENERAL MANAGER, GOVERNMENT OS" INDIA PRESS, MINTO BOAD, NEW DELHI AND PUBLISHED BY THB CONTROLLER OP PUBLICATIONS, DELHI, 1984i

The Visva-Bharati (Amendment) Act, 1984

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