(1) This Act may be called the Visva-Bharati Act, 1951.
Whereas the late Rabindranath Tagore (Thakur) founded an institution known as Visva-Bharati at Santiniketan in the district of Birbhum in West Bengal the objects of which are such as to make the institution one of national importance, it is hereby declared that the institution known as "Visva-Bharati" aforesaid is an institution of national importance 1[and is as such hereby constituted as a University].
1[3. Definitions.--In this Act, and in all Statutes made hereunder, unless the context otherwise requires,--
The first Acharya (Chancellor) and Upacharya (Vice-Chancellor) of the University who shall be the persons appointed in this behalf by the Central Government by notification in the Official Gazette, and the first members of the Samsad (Court) and all persons, who may hereafter become or be appointed as such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate 1[as a unitary, teaching and residential University] by the name of Visva-Bharati, and shall have perpetual succession and a common seal, and shall sue and be sued by that name.
On and from the commencement of this Act,--
1[5A. The objects of the University.--(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:--
1[5B. Principles to be followed in organising activities of the University.--The University shall, in organising its activities and the implementation of its academic programmes, have due regard to the pattern of education envisaged by Rabindranath Tagore in his writings.]
1[6. Powers of the University.--The University shall have the following powers, namely:--
Save as otherwise provided in this Act, the powers of the University conferred by or under this Act shall be restricted to the area specified in the Second Schedule.
1[7A. Maintenance of examination centres outside territorial limits.--Notwithstanding anything contained in section 7, the University may establish and maintain, at any place in India examination centres for home study courses conducted by its Loka Shiksha Samsad (People's Education Council) and recognise, for such purposes as may be provided in the Ordinances, the certificates awarded by the said Loka Shiksha Samsad (People's Education Council) on the results of examinations conducted by it.]
The University shall be open to all persons irrespective of sex, nationality, race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, 1[adhyapakas], workers, or in any other connection whatsoever, except in respect of any particular benefaction accepted by the University of which such test is made a condition by the instrument creating such benefaction:
All teaching in the University shall be conducted by and in the name of the University in accordance with the Statutes and Ordinances made in this behalf.
1[10.The Paridarsaka (Visitor).--(1) The President of India shall be the Paridarsaka (Visitor) of the University.
The Government of West Bengal shall be the Pradhana (Rector) of the University.
1[12. Officers of the University.--The following shall be the officers of the University, namely:--
1[(1) The Acharya (Chancellor) shall, by virtue of his office, be the Head of the University.
1[14. The Upacharya (Vice-Chancellor).--(1) The Upacharya (Vice- Chancellor) shall be appointed by the Paridarsaka (Visitor) in such manner, for such term and on such emoluments and other conditions of service as may be prescribed by the Statutes.
[The Arthasachiva (Treasurer).]--Omitted by the Visva-Bharati (Amendment) Act, 1984 (31 of 1984), s. 10 (w.e.f. 8-8-1984).
1[16. The Karma-Sachiva (Registrar).--(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.
1[17. Other officers.--(1) All officers of the University, other than the Acharya (Chancellor), the Upacharya (Vice-Chancellor) and the Karma-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.
The following shall be authorities of the University:--
1[19. The Samsad (Court).--(1) The constitution of the Samsad (Court) and the term or office of its members shall be such as may be prescribed by the Statutes.
1[22. The Karma-Samiti (Executive Council).--(1) The Karma-Samiti (Executive Council) shall be the principal executive body of the University.
(1) The Siksha-Samiti (Academic Council) shall be 1[the principal academic body] of the University, and shall, subject to the provisions of this Act, the Statutes and the Ordinances, have the control and general regulation, and be responsible for the maintenance of standards of 2[learning, education, instruction, evaluation and examination] within the University, and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes and shall have the right to advise the Karma-Samiti (Executive Council) on all academic matters.
1[25. Other authorities of the University.--The constitution, powers and functions of the Artha-Samiti (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.]
The University shall have an Alumni Association open to past students and past workers of the University, including members of the Asramika Sangha of the former VisvaBharati Society, on such conditions as may be laid down in the Statutes.
1[27. Statutes.--Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:--
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 09-05-2005 | Visva-Bharati Statutes |
1[(1) On the commencement of the Visva-Bharati (Amendment) Act, 1984 (31 of 1984), the Statutes in force immediately before such commencement, as amended by that Act, shall be the Statutes of the University.]
1[29. Matters to be provided for in the Ordinances.--Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:--
1[30. Power to make Ordinances.--(1) The Ordinances in force immediately before the commencement of the Visva-Bharati (Amendment) Act, 1984 (31 of 1984), may be amended, repealed or added to, at any time by the Karma-Samiti (Executive Council):
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 08-05-2008 | Visva-Bharati Ordinance | |||
| 08-05-2008 | Visva-Bharati Ordinance 1 | |||
| 08-05-2008 | Visva-Bharati Ordinance 2 | |||
| 08-05-2008 | Visva-Bharati Ordinance 3 |
(1) The authorities of the University may make Regulations consistent with this Act, the Statutes and the Ordinances--
Every student of the University 1[other than a student of its Lok Siksha Samsad (People's Education Council)] shall reside in a 2[Chatravasa] or under such conditions as may be prescribed by the Statutes and the Ordinances.
Admission of students to the University shall be made in such manner as may be prescribed by the Ordinances.
Subject to the provisions of the Statutes, all arrangements for the conduct of 1[tests, evaluations and examinations] shall be made by the Karma-Samiti (Executive Council) in such manner as may be prescribed by the Ordinances.
1[35. Annual report.--(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.
1[36. Annual Accounts.--(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 India or by such person or persons as he may authorise in this behalf.
1[37. Adhyapakas of the University to be appointed under a written contract.--(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.
1[38. Tribunal of Arbitration.--(1) Any dispute arising out of a contract of employment referred to in section 37, including a dispute relating to the non-compliance 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).
1[38A. Power to suspend adhyapaka or other member of academic staff.--(1) The Upacharya (Vice-Chancellor) may, by order in writing, place and adhyapaka or other member of the academic staff under suspension--
1[38B. Authorities by whom order for removal or dismissal of adhyapaka, etc., may be made and the procedure therefor.--(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).
(1) The University shall constitute, for the benefit of its officers [including the Upacharya (Vice-Chancellor)], 1[adhyapakas], and other servants, in such manner and subject to such conditions as may be prescribed by the Statutes, such pension, insurance and provident funds as it may deem fit.
(1) Subject to any provision in this Act and in the Statutes, the Karma Samiti (Executive Council) shall appoint, with the approval of the Paridarsaka (Visitor), a person to fill a casual vacancy in the office of the Upacharya (Vice-Chancellor), and the person so appointed shall hold office 1[until his successor enters upon his office].
1[41. Removal from membership of the University.--The Karma Samiti (Executive Council) may, on the recommendation of not less than two-thirds of its members remove any person from the membership of any authority or board of the University if such a person is guilty of a serious offence involving moral turpitude, or if he has been guilty of scandalous conduct and for the same reasons may withdraw any degree or diploma conferred on, or granted to, any person by the University:
If any question arises whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Paridarsaka (Visitor), whose decision thereon shall be final.
Where any authority of the University is given power by this Act or by the Statutes to appoint committees, such committee shall, unless there is some special provision to the contrary, consist of members of the authority concerned and of such other persons (if any) as the authority in each case may think fit.
No act or proceeding of any authority or other body of the University shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members.
1[44A. Protection of action taken in good faith.--No suit or other legal proceeding shall lie against any officer or employee of the University for anything which is in good faith done or intended to be done, in pursuance of the provisions of this Act, the Statutes or the Ordinances.]
1[44B. Mode of proof of University record.--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 (1 of 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.]
If any difficulty arises with respect to the establishment of the University or any authority of the University or in connection with the first meeting of any authority of the University, the Paridarsaka (Visitor) in consultation with the Upacharya (Vice-Chancellor) may, by order, make any appointment or do anything which appears to him necessary or expedient for the proper establishment of the University or any authority thereof or for the first meeting of any authority of the University.