| [Chhattisgarh Act No. 8 of 2002] | [18th April, 2002] |
An Act to amend Indira Kala Sangit Vishwavidyalaya Adhiniyam, 1956.
Be it enacted by the Chhattisgarh Legislature in the Fifty-third Year of the Republic of India as follows;-
1. Short title and commencement.- (1) This Act may be called the Indira Kala Sangit Vishwavidyalaya (Sanshodhan) Adhiniyam, 2002 (No. 8 of 2002).
(2) This Act shall come into force on such date as the State Government may by notification, appoint in official Gazette.
2. Amendment of Section 3.- In section 3 of the Indira Kala Sangit Vishwavidyalaya Adhiniyam, 1956 (No. XIX of 1956), (hereinafter may be called the Principal Act), the word "Kuladhipati", "Kulapaii" and "Adhyacharya" shall be substituted resepectively in place of the Word "Kulapati", "Up Kulapati" and "Adhyacharya" and the word "Prati Kulapati" and "Koshadhyaksha" shall be omitted respectively.
3. Insertion of Section 3(A).- Following section 3(A) shall be inserted after section 3 of the Principal Act, namely:-
(1) The word "Kuladhipati", "Kulapati" and "Kuladhisachiv" shall be substituted respectively in place of the word "Kulapati", "Up Kulapati" and "Adhyacharya" wherever they occur in the Principal Act.
(2) the word "Prati Kulapati" and "Koshadhyaksha" shall be omitted wherever they occur in tile Principal Act.
4. Omission of Section 11 Pratikulapati.- Section 11 of the Principal Act shall be omitted.
5. Omission of Section 16.- Koshadhyaksha. Section 16 of the Principal Act shall be omitted.
6. Omission of Section 17.- Removal of the Kulapati. Section 17 of the Principal Act shall be omitted.
7. Insertion of Section 17-A.- Following section shall be inserted after the section 17 of the Principal Act, namely:-
(1) If at any time upon representation made or otherwise and after making such enquiries as may be deemed necessary, it appears to the Kuladhipati that the Kulapati;
(i) has made default in performing any duty imposed on him, by or under this Act; or
(ii) has acted in a manner prejudicial to the interests of the university; or
(iii) is incapable of managing the affairs of the university the Kuladhipati may notwithstanding the fact that the terms of the office of the Kulapati has not expired, by an order in writing stating the reasons therein require the Kulapati to relinquish his office as from such date as may be specified in the order.
(2) No order under sub-section (1) shall be passed unless the particulars of the grounds on which such action is proposed to be taken are communicated to the Kulapati and he is given a reasonable opportunity of showing cause against the proposed order.
(3) As from the date specified in the order under sub-section (1), the Kulapati shall be deemed to have relinquished the office and the office of the Kulapati shall fall vacant.
8. Amendment of Section 21.- University Court. Section 21 of the Principal Act shall be omitted and following section shall be substituted in its place; namely:-
The University Court shall be constituted subject to the provisions of the Statutes.
Subject to the provisions of this Act, the Court shall exercise, following powers and perform following duties; namely:-
(1) to act as an advisory body in all matters relating to the university:
(2) to review from time to time the broad Policies and Programmes of the university and to suggest measures for the improvement and development of the university:
(3) to consider and pass resolutions on the annual reports; the annual accounts and related audit report thereon, if any;
(4) to review the ads of the other authorities of the university save where such authorities have acted in accordance with the powers conferred upon them by this Act, the Statutes and the Ordinances;
(5) to exercise such other Powers and Perform such other duties as may be conferred or imposed upon it by this Act and the Statutes.
9. Insertion of Section 54. Power of State Government to apply Act in modified form with a view to provide for better administration of university in certain circumstances.- Following section shall be inserted after the section 53 of the Principal Act namely:-
(1) If the State Government on receipt of a report or otherwise is satisfied that a situation has arisen in which the administration of the university cannot be carried out in accordance with the provisions of the Act, without detriment to the interests of the university, and it is expedient in the interest of the university so to do, it may by notification, for reasons to be mentioned therein, direct that the provisions of section 12, 12-A, 17, A-21, 22, 23, 24, 25 and 27 shall as from the date specified in the notification (hereinafter in this section referred to as the appointed date), apply to the university subject to notified orders of the State Government:
(2) The notification issued under sub-Section (1) (hereinafter referred to as the notification) shall remain in operation for a period of one year form the appointed date and the State Government may, from time to time, extend the period by such further period as it may think fit so however that the total period of operation of the notification does not exceed three years:
(3) The Kuladhipati shall, in consultation with the State Government, simultaneously with the issue of the notification, appoint the Kulapati under Sub-section 11 and shall remove the Kulapati in the like manner. The Kulapati so appointed shall hold office during the period of operation of the notification:
Provided that the Kulapati may, notwithstanding the expiration of the period of operation or the notification continue to hold office thereafter until his successor enters upon office but this period shall not exceed one year
(4) As from the appointed date, the following consequences shall ensue; namely:-
(i) this Act shall have effect subject to the notified order of the State Government;
(ii) the Kulapati, holding office immediately before the appointed date, shall notwithstanding that his terms of office not expired, vacate his office;
(iii) every person holding office as a member of the Sabha, the Karyakarini Samiti or the Shiksha Samiti, as the case may be, immediately before the appointed date shall cease to hold that office;
(iv) until the Sabha, Karyakarini Samiti or Shiksha Samiti, as the case may be, reconstituted, the Kulapati appointed under Section 54(3) shall exercise the Powers and Perform the duties conferred or imposed by or under this Act, on the Vishwavidyalaya Sabha, Karyakarini Samiti or Shiksha Samiti;
Provided that the Kuladhipati may, if considers it necessary so to do, appoint a Committee Consisting of an educationist, an administrative expert and a financial expert to assist the Kulapati so appointed in exercise of such powers and performance of such duties.
(5) Before the expiration of the period or operation of the notification or immediately as early as practicable, thereafter, the Kulapati shall take steps to constitute the Vishwavidyalaya Sabha, Karyakarini Samiti and Shiksha Samiti accordance with the provisions of the Act, as unmodified and the Vishwavidyalaya Sabha, Karyakarini Samiti and Shiksha Samiti as so consituted shall begin to function on the date immediately following the date of expiry if the period of operation of the notification of the date on which the respective bodies are so constituted whichever is later;
Provided that if the Sabha, Karyakarini Samiti and Shiksha Samiti are not constituted before the expiration of the period of operation of the notification, the Kulapati shall on such expiration exercise the powers of each of these authorities subject to prior approval of the Kuladhipati till the Sabha, Karyakarini Samiti or Shiksha Samiti as the case may be, is so constituted.
10. Insertion of Section 55, expiration of the period of operation of notification under Section 54.- Following section shall be inserted after the new inserted section 54 of the Principal Act; namely:-
On expiration of the period of operation of the notification issued under section 54, the provisions of this Act, as modified in application to the university mentioned in the notification shall cease to operate in respect thereof and the other relevant provisions of this Act shall revive and continue to apply thereto;
Provided that the expiration of the operation of the notification shall not affect:
(a) Previous operation of, or any thing done or suffered under the provisions as modified in any order made thereunder: or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the provisions as modified or any order made thereunder, or
(c) any investigation or remedy in respect of any such right, privilege, obligation or liability as aforesaid, and such investigation or remedy may he instituted or enforced as if the modified provisions had not teased to apply.