| [Chhattisgarh Act No. 12 of 2005] | [25th August, 2005] |
An Act to amend Indira Kala Sangit Vishwavidyalaya Adhiniyam, 1956 (No. XIX of 1956).
Be it enacted by the Chhattisgarh Legislature in the Fifty-sixth year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Indira Kala Sangit Vishwavidyalaya (Sanshodban) Adhiniyam, 2005.
(2) It shall come into force from the date of its publication in the Official Gazette.
2. Definition.- In this Act unless the context otherwise requires:-
"Principal Adhiniyam" means the Indira Kala Sangit Vishwavidyalaya Adhiniyam, 1956 (No. XIX of 1956).
3. Amendment of Section 12.- For section 12 of the Principal Adhiniyam, following shall be substituted namely:-
(1) The Kulapati shall be appointed by the Kuladhipati from a panel of not less than three persons recommended by the Committee constituted under sub-section (2) of sub-section (6):
Provided that if the person or persons approved by the kuladhipati out of those recommended by the committee are not willing to accept the appointment, the Kuladhipati may call for fresh recommendations from such committee.
(2) The Kuladhipati shall appoint a committee consisting of the following persons, namely:
(i) One person elected by the Karyakarini Samiti;
(ii) One person nominated by the Chairman of the University Grants Commission;
(iii) One person nominated by the Kuladhipati.
The Kuladhipati shall appoint one of the three persons to be the Chairman of the committee.
(3) For constituting the committee under sub-section (2), the Kuladhipati shall, six months before the expiry of the term of the Kulapati, call upon Karyakarini Samiti and the Chairman of the University Grants Commission to choose their nominees and if any or both of them fail to do so within one month of the receipt of the communication in this regard, the Kuladhipati may, nominate any as nominee for the committee.
(4) No person who is connected with the Vishwavidyalaya or any college shall be elected or nominated on the committee under sub-section (2).
(5) The committee shall submit the panel within six weeks from the date of its constitution or such further time not exceeding four weeks as may by extended by the Kuladhipati.
(6) If for any reasons the committee constituted under sub-section (2) fails to submit the panel within the period specified in sub-section (5) the Kuladhipati shall constitute another committee consisting of three persons not connected with the Vishwavidyalaya or any college, one of whom shall be designated as the Chairman. The committee so constituted shall submit a panel of not less than three persons within a period of six weeks or such shorter period as may be specified, from the date of its constitution.
(7) If the committee constituted under sub-section (6) fails to submit the panel within the period specified therein, the Kuladhipati may appoint any person whom he deems fit, to be the Kulpati.
4. Amendment of Section 12-A.- For section 12-A of the Principal Adhiniyam the following section shall be substituted namely:-
(1) The Kulpati shall be a whole-time salaried officer of the Vishwavidyalaya and his emoluments and other terms and conditions of service shall be prescribed by the Statutes.
(2) The Kulpati shall hold office for a term of four years and shall not be eligible for appointment for more than two terms:
Provided that he shall cease to hold office on attaining the age of 65;
Provided that notwithstanding the expiry of his term he shall continue to hold office until his successor is appointed and enters upon his office but this period shall not in any case exceed six months.
(3) The person holding office of the Kulpati in the Vishwavidyalaya immedietly before the commencement of this Sanshodhan Adhiniyam shall continue to hold his office till the expiry of his term of office notwithstanding anything contained in the proviso to sub-section (2).
(4) In the event of the occurrence of any vacancy including a-temporary vacancy in the office of the Kulpati by reason of his death, resignation, leave, illness or otherwise, the Kuladhisachiva and if no Kuladhisachiva has been appointed or if the Kuladhisachiva is not available, the Adhishthata of any faculty or the senior most professor of Vishwavidyalaya teaching department nominated by the Kuladhipati for that purpose shall act as the Kulapati until the date on which the Kulapati appointed under sub-section (1) or sub-section (7) of section 12, enters or re-enters as the case may be upon his office:
Provided that the arrangement contemplated in this sub-section shall not continue for a period of more than six months.
5. Amendment or Section 12-B.- Section 12-B of the Principal Adhiniyam shall he omitted.
6. Amendment of Section 13.- For section 13 of the Principal Adhiniyam, following shall be substituted namely:-
(1) The Kulapati shall be the principal administrative and academic officer of the Vishwavidyalaya. He shall be an ex-officio member and Chairman of the Karyakarini Samiti and of the Vidya Parishad and Chairmen of the Vitta Samiti and Chairman of such other authorities, committees and bodies of the Vishwavidyalaya of which he is a member. He shall be entitled to be present and to speak at any meeting of any authority committee or other body of the Vishwavidyalaya but shall not be entitled to vote there at unless he is a member of such authority, committee or body.
(2) It shall be the duty of the Kulapati to ensure that this Act, the Statutes, the Ordinances and the Regulations are faithfully observed and he shall have all powers necessary for this purpose.
(3) The Kulapati shall have the power to convene meetings of the Karyakarini Samiti, the Vidya Parishad and of such other authorities, committees and bodies of the Vishwavidyalaya of which he is the Chairman. He may delegate this power to any other officer of the Vishwavidyalaya.
(4) If in the opinion of the Kulapati any emergency has arisen which requires immediate action to be taken, the Kulapati shall take such actions as he deems necessary and shall at the earliest opportunity thereafter report his action to such officer, authority committee or other body as would have in the ordinary course dealt with the matter:
Provided that the action taken by the Kulapati shall not commit the Vishwavidyalaya to any recurring expenditure for a period of more than three months;
Provided further that where any such action taken by the Kulapati affects any person in the service of the Vishwavidyalaya such person shall be entitled to prefer, within thirty days from the date on which such action is communicated to him, an appeal to the karyakarini Samiti;
Provided also that this power shall not extend to matters regarding amendment in the Ordinances, Statutes, Regulations or any matter relating to appointments.
(5) On receipt of a report under sub-section (4) of the authority, committee or body conceded does not approve the action taken by the Kulapati shall refer the matter to the Kuladhipad whose decision thereon shall be final.
(6) The Action taken by the kulapati under sub-section (4) shall be deemed to be the action taken by the appropriate authority until it is set aside by the Kuladhipati on a reference made under sub-section (5) or is set aside by the Karyakarini Samiti on an appeal under the Second proviso to sub-section (4).
(7) If in the opinion of the Kulapati, any proceeding of any authority, committee or other body of the Vishwavidyalaya is likely to be prejudicial to the interest of the Vishwavidyalaya, he shall record his reasons and refer the matter to the kuladhipati and so inform the authority, committee or other body concerned whereupon the decision concerned shall not be given effect to till the matter is decided by the Kuladhipati under sub-section (6) of section 10.
(8) The Kulapati shall exercise general control over the affairs of the Vishwavidyalaya shall give effect to the decisions of the authorities of the Vishwavidyalaya.
(9) The Kulapati shall exercise such other power as may be prescribed by the Statutes, Ordinance and Regulations.
7. Amendment of Section 20.- Entry (1) of Section 20 of the Principal Adhiniyam shall be omitted.
8. Amendment of Section 21.- Section 21 of the Principal Adhiniyam shall be omitted.
9. Substitution of words "Kuryakarini samiti" for the words "Sabha" In the Principal Adhiniyam.- In the Indira Kala Sangit Vishwavidalaya Adhiniyam, 1956 (No. XIX of 1956) for the words "Vishwavidyalaya Sabha" or "Sabha" wherever they occur the words "Karyakarini Samiti" shall be substituted.
10. Amendment of Section 22.- For Section 22 of the Principal Adhiniyam the following section shall be substituted, namely:-
(1) The Karyakarini Samili shall consist of the following persons namely:-
(i) The Kulapati,
(ii) The Kuladhisachiv, if any,
(iii) The successor of the founders of the Vishwavidyalaya,
(iv) The Adhishthatas,
(v) Two principal, other than adhisthatas of colleges to be appointed by the Kuladhipati by rotation according to seniority.
(vi) One Professor, and if there is no Professor, one Reader to the Vishwavidyalaya Teaching Department shall be appointed by the Kuladhipati by rotation according to seniority.
(vii) The Secretary, Higher Education or his representative, not below the rank of Dy. Secretary.
(viii) Two persons nominated by the Kuladhipati.
(ix) Four members of the Chhattisgarh Vidhan Sabha, nominated by the rajya vidhan Sabha.
(2) The term of office of persons becoming members of the Karyakarini Samiti under items: (v), (vi), (viii) and (ix) shall, subject to Section 52 of the Adhiniyam, be 3 years.
(3) Five members inclusive of the Chairman shall form a quorum.
11. Amendment of Section 26 Powers and duties of authorities of the Vishwavidhya, save that of Karyakarini Samiti.- For section 26 of the Principal Adhiniyam the following shall be substituted, namely:-
Subject to the provisions of this adhiniyam the constitution, powers and duties of the authorities of the Vishwavidyalaya, save that of the Karyakarini Samiti shall be prescribed by the Statutes.
12. Amendment of Section 32.- For Section 32 of the Principal Adhiniyam the following shall be substituted, namely:-
(1) The Karyakarini Samili may, from time to time, make, amend or repeal any statute in the manner hereinafter.
(2) The Kulapati may propose to the Karyakarini Samiti the draft of any Statutes to be passed by the karyakarini Samiti, and such draft shall be considered by the Karyakarini Samiti at its next meeting.
(3) The Karyakarini Samili may approve of any such draft as is referred to in sub-section (2) and pass the Statute or reject it or return it to the kulapati for reconsideration either in whole or in part, together with any amendments which the karyakarini Samiti may suggest.
Provided that the kulapati shall not propose the draft of any Statute or of any amendment of a Statute affecting the powers or constitution of any existing authority of the Vishwavidyalaya until such authority has been given an opportunity of expressing an opinion upon the proposal, and any opinion so expressed shall be in writing and shall be considered by the Karyakariqi Samiti.
(4) After any draft returned under sub-section (3) has been further considered by the Kulapati together with any amendment suggested by the Karyakarini Samiti, it shall be again presented to the Karyakarini Samiti with a report of Kulapati thereon and the Karyakarini Samiti may then deal with the draft in any way it thinks fit.
(5) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the previous approval of the kuladhipati who may sanction, disallow or remit it for further consideration.