Chhattisgarh act 026 of 2004 : The Pandit Sundar Lal Shamra (Open) University C.G. Act

~ ~, ~ 24 ~ 2005 CJiHATTISGARH ACT (No. 26 of 2004)

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PANDIT SUNDARLAL SHARMA (OPEN) UNIVERSITY CHHATTISGARH

. . ACT, 2004 . . .

1. Short title, extent and commen~n:ient

'2. Definitions

An Acf to establish and incorporate an ope~ University, at State level for introduction and promotion of open university and distance education system, in the field c:,f higher education and to provide for mattfrs connected there with or incidental there to.

· Be it enacted by the Chhattisgarh Legislature in the 55th year of the R~pbulic of India, as follows:-

(}) ,This Act may ~e ca.Eed·t .. 11.e Pandit Sundar-Lal Sharma (Op~n) University ~Chhattisgarh A

(2) It extends to the whole of Chhattisgarh, ·

(3) :t shall come into force on·the date of its publication in official gazette. In this Act and the Stattne, unkss the context otherwise requires:-

0) "Ac-.idtrn.ic Council" means the Academic Council of the University;

v{G) "Co-?rdin;~tion Committee'· means the committee cstablishcdur;- der secti~n 3!'.!. of the Chhattisgarh '-'.'ishwavidyalaya Adhiniyam, 1973 tNo.22 qf 1973); . · . .

. · . . --/(c) ''Departmenf' means a d~partment of the University of the.sub- ject concerned;

........-(d) "Distance educ~t.ion system'; means the system of imparti.,_ ··lu-

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cation through any means of communication, such as broadcasting, tel~ring, audio visual means, audio methods, correspondence course, seminar, contact progi <.1mme or the combination of any two or more of such means; '\/ (e) "Employee" means any person appointed by the University, in- chvk ~ ·.c,,ch~rs :'Ind other academic staff of the University;

(J) ''finance Comniittcc" nK"

. 1985 (No. ~O of 1985); .

Jh1''Kulpati" means the ·Kulpati of the University; ..:. -..t(i) "Ordinance" means ordinance made tinder this act;

(j) "Planning Board" means the Planning Board of the Uni,1ersity;

v--fk) "R~gion:i! Centre'' means a centre established or maintained by 1 :r:-: ;· J; ;verstt:' fr,r rl:e ru, ,,0se 0f cocrdir,~•.;; :1g ar.j supervi'.-1ng the ~ofr of ~1udy .:e:'i~e1~ in ,,riv n:s;ioa ::ind for pt.;"'foi;ning 91cJ: other functi0!1s as may oc conferrea

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~'. ~~b-lishment and

,T-- . incorporation of the University

~ mr:a, ~ 24 ~ 2005 on such centre by the Executive Council; ·-'{l) "Regulation" means the Regulation made ·under this Act; \.kf115 "Statute" means S~tute made u~der this act;

(n) "Student" means a_ student of the· Univ~ity, and includes any person who_ has emolled himself for pursuing any course of study-of the University;

,JeJ'-;,Study Centre" means a centre established, maint~ined or recognised by the University for the purpose of advising, counselling or.for rendering any other assistance required by the students;. · ~ ."Teacher" meru1s Professor, Reader, Assistant,Professor and such other persons as may be designated as such by the Ordinance for imparting i~st;ruction in the University or for giving guidance or rendering ~sistanc~ to student for pursuing any course· of stuqy of the University and shall "include p!ll't- time and who"le time teachers in Regional Centre, or Study Centre; . . ' . ( q) Terms not defined in this _Act, will have the ·same meaning as defined in Section 4 of the Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 (No. 22 of 1973);

(r) "University" means the Pandit Sundar Lal Sharma (Open) Uni- versity Chhattisgarh established under this Act; ✓ . • •

v(s) .'"'University Grants Comm_ission" means the Co~ssion e~b-- _ · lished under the University Grants Commission Act, 1956 (No.3 of 195'6):

(1) There shall be established a· University by the ·name."PANDIT SUND AR· LAL SI-iARMA (OPEN) UNIVERSITY CHHATIISGARH "

· (2) The headquarters of the University shall be at Bilaspur and.it may establish · or maintain Regional Centres2 anq Study Centres at such places as it may deem fit.

(3) Fj.rst Kulpati & members of, first Executive Council, the Academic Coun- cil and the Planning Board and all persons. who n:iay he~eafter become such . officers or members, so long as they continue to hold such office ·or me~bership, shall hereby co~stitute ~ body corporate by the name.of . IPandit SundarLal Sharma (Open) University Chhattishgarhl.

(4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.

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4. The· objects of the _,.r

University

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5. Powers of the University

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The objects of the University shall be- ( one) to advance and disseminate learning and knowledge by different means, including the use of any communication technology; (two) to provide opportunities for higher education to a larger segment

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. of the population and to promote the educational well being of th.-: community

• ·: ,r in general; (three) to encourage.the ope.n University and distance educaLi:m sys-

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terns in the educationai pattern of the State.

(1) The :University sh.all have the following powers, namely:

~pc) provide for instruction in such branches of kn~wledge, technol- ogy, vocations and professions as the University, ma):' determine from time to time and to3t_,,ake provision for spon.~ored resear?h; _ .. ✓ . . •

,-.._,.,(two). plan and prescribe courses of study for degree,.diploma, cer- tificate or for any other purpose; 1...

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. '-..~-· (three) hold examinations and confer degree, diploma, certificate or-other academic distinctions or ~erognitions un persons who hav'e successfully com- pleted a course of study in the manner laid down by·the Statute and Ordinance; · (four) detemi.ine•the manner in which distance·education in ~elation to the acade~~~.9rogrammes of the Univer~ity may be organised; , .-·"· (five) create posts of Professor, Reader, Assistant Professor and other academic: positions necessary to impart instruction or for preparing educational material or for conducting other academic activities, including guidance, design- ing and (lelivery,of courses and evaluation ofthework done by the student and · to appoint ori those posts; . .. . .

' , ..,., ·' ,. (six) Go-operate with; and seek the co-operat~~n of,_ other Universi.: · ties and institutions of higher learning, professional bodies and organisations for such purposes as the University.considers necessary;

· -"·'·/·(seven) institute and award fellowships, scholarships, prizes and such other awards for recognition of merit as the University may deem fit~ _.(eight) establish and maintain such Regional Centres, as may be de- te1mi."ned by th~·University from time to time; -

, ~establish; maintain or r~ognise· Stud; Centres in the n:ianner laid down by the Statute;

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.,~_.,/ (ten) provide for the preparation of ~0nal material, including films, cassettes; tapes video cassettes and other software;

\,~ e1e; en) organise and conduct_refresher courses, \.\'.Orkshops, se~ and other programmes for teachers, lesson w6ters, evaluators and other aca-

. dernic staff; • · (twelve)_ recognise examinations of, or periods of study, (whether in ful l or part) at, other universities, institutions or other place of higher learning as equivalent to examination or periods of study in the University, and to withdraw such recognition at any time;

'(thirteen) make_provision for sponsored research and development in edu- cation technology and relateo matters;

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\...,./ ,.,, (fourteen) create administrative, ministerial and other necessfil) posts and to make appointments thereto;

_ / (fifteen) receive benefactions, donations and gifts and to acquire, hold, main:-

. tain and · dispose off any property .movable or immovable,. including trust property to the benefit of the University;

0ixteen) borrow, with the prior approval of the State Government whether on the security of the property of the 'University or otherwise, money for the purposes of the University;

(seventeen) enter into, carry out, vary or cancel contracts; ·. · t/ {cighteen) to demandand receive such fees and other charges as may ·. be prescribed· by the Ordinance;

,,,,(nineteen} provide, contro I and maintain discipline amongst the students· and all.categories of employees and to lay down the conditions of service of such employees, including their code of conduct;

...,..,,- (twenty) appoint, either on contract or otherwise, Visiting Professors,. Emritus Professors, Consultants, fellows, scholars, artists, course writers and such other persons who may contribute to the advancement of the subjects of the University;

(twenty one) recognise persons working in-otherun.iversities, institutions or organisations as teachers of the University.on such terms and conditions as may be prescribed by the Ordinance;

v1twenty two) detennine standard and to ·specify condition for .the ad- mission of students to courses of study of the University which may include ex- amination, evalu:;ition and any other method of testing;

(twen·ty three) make arrangements for the_promo!ion of the general . ··'

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ffif~~. ~24~2005 health and welfare of the employees; /

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9. Kulpati ~ ~, ~ 24 ~ 2005 · spection or-inquiry. / (4) TheKuladhlpati may address the Kulpati with reference to the results of such 1 inspection or inquiry together with views and advi~e with regard to the action f to be taken thereon ~s the Kuladhipati may be pleased to offer and on i

I receipt of the address made by the Kuladhipati, the Kulpati shall com-

. ) municate forthwith to the Executive Council the results of the inspection l or inquiry and the views of the Kuladhipati and the advice t~ndered by him upon the action to be taken thereon.

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(5) Vlhere the Executive Council does not within a reasonable-time, take action ~o the satisfaction.of the Kt~ladhip_ati, the Kuladhipati may, afte~ consid- ering.any explimation : furnished or representation made.by the Executive ,Council, issue such directions as he may think fit and the Executive Coun- .. cil shall be bound to comply v/2th such directions.

(6) Without prejudice to the foregoing provisions of this section the Kuladhipati ~..may, by an order in writing, annul any proceedings of the University which is not in conformity wittrthis Act, Statute or Ordinance. 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 caus.e is shown within a· reasonable time, he shall consider the same.

(7) 'The Kuladhipati shall.have s.uch other·powers·as may be specified by the Statute.

(l)',Kuipati' shall be appQinte,1 by the ·Kuladhipati tcider the doctorine of pleasure after consultation with the state government from a penal of not less than three distinguished p~rsons recommended by the search committee constituted under sub section (2) or (6) Provided further if the person so approved by the Kuladhipati refuses to accept the proposal of appointment, the Kuladhipati shall ask for fresh recommendation from search committee.

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\ . Provided that the first Kulpati shall be appointed by · j K~l~Eit2e.:: •. ~ .. ~~.£1l.,~~~~~~ . ·

(2) The Kuladhipati shaff constitute a search committee consisting of the following persons namely.' .

(one) one person recommended by the Executive council;

. ' (two) one person nominated by the Spea'ker of the Chhatti_sgarh Legislative Assembly; (three) one person nominated qy the Kuladhipati. · and h~ shall appoint one of them. as chairperson of the

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~ ~. -~ 24 ~ 2005 40 (27) committee.

(3) For ~o_nstitutin~ the comm_ittee UIJ.der sub_section(2),the -Kul~dhipati shall, six-months before ~he expi~ of the term of Kulpati, call upon the ~xecutiv·~ council and the speaker of the Chhattisgarh Legislative Assembly to cho_ose their nominees and if any or· both of them fail to do so within one month of the · receipt of the Kuladhipati's communication in this regard, the Kuladhipati may further, nominate any on~ or both the persons as the case may, be.

(4) No pers_on who is connected with the uqiversity or_ a college shall be recommende_d or nominated · on the committee c~nstituted und~r subsectioll (2).

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(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 be extended by the Kuladhipati.

(6) If for any reasons the .committee constituted under subsection

(2) fails to -submit the panel within the p_eriod specified in subsection (5), the Kuladhipati shall constitute another committee consisting of three educationists not-connected, with the university or a college, one of whom shall be designated_ as ihe chairman. .

- . The. committee so constituted shall submit a pane I° of three

. persons with in" a period of six weeks Of such -shoiter period as inay be specified, from the date of its constitution.

(7) If the committee constituted under subsection (6) fails to submit the panel within the period specified there in the Kuladhipati shall appoin t any educationist to be Kulpati after consultation ~ with the state government.

'-"'(8) To carry out the business of newly established university the State · Government may appoint .l(ulpati, a person from the field of Education '/ for a.perioq not exceeding two years and the:person so appointed shall ·1 constitute ·Execuhve Council, Acade~c· Council and. other. Authonties of the University within a ~od of six months from the date of establishment / of the University and till the said authorities are constituted, _Kulpati -shall be deemed to ~ the E~ecutive Council, Academic ~ouncil or such other Auth9.rity, as the case may be, arid-shall exercise the powers and perfonn the duties conferred or imposed on ·such authorities by or under· this Act.

Provided thafthe Kuladhipati may, if he cqnsiders it necessary or expedient so to do, appoint a committee, after consultation with the State Government, consisting of an educationist and an administrative ~xpen and financial expert to aid and advise Kulpati in the exercise of his powers and performance of functions.

(9) Kulpati s~all be a ~hole-time salaried officer of the tJnivers_ity and his

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~ ~. ~ 24 ~ 2005 emnluments and other terms and conditions of service shall be prescribed oy the Statute .

....,..lfo) Kulpati shall hold office for a term of four years or till lie-attains the age of 70 years wluchever IS eariierancl'sfialTnotbeelig16Ierorappomtment for more

. than two terms. Provided that notwithstanding the expiry of his term he shall continue to hold office µntil his successor" is appointed and enters upc:m his office but this ' ' .

period shall not, in any case, exceed six months.

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~ 11) If at any time 1,1pon representation made or otherwise and after making such enquiries as _may be deemed necessary, it appears to _the Kuladhipati that Kulpati.- ( a) · has'made default in perfonning any duty imposed on him by or under this Act; or

(b) has acted in a manner prejudicial to the interest of the University; or

( c) is incapable.of managing the affairs•of the University,the . Kuladhipati may notwithstanding tI:ie fact that the term of office · · ofKulpati has not expired; by an order~ in writing, stating the _ · reasons therein, require Kulpati.to ~elinquish his office as from , ~ ~ -- . .. ·such date as may be specified in.the order. · / _· ~ ;(12) No order.under sub-section (il) shall be passed unles~ the_particulars of ' tµe grounds on which such action is proposed-to be taken are communicated to Kulpati and he is given a reasonable opportunity of showing cause against the , proposed order. · .

, ' X 3) As from the date specified in the order under sub-section (11 ), Kulpati shall 'j ~-~1.

•. be deemed to have relinquished the office and-the office of Kulpati shall fall 1vacant.

.,,( -~~14) In the event of the occurrence of any vacancy.including a temporary va- J \X cancy in th,.e office ofKulpati by reason of his death, r(?signation, leave, illness or otherwise, dean of any faculty nominated by.the Kuladhipati for that purpos.~ shall act as Kulpati until the date on whic~ Kulpati appointed under.sub~s~c-

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. tion(l ) or sub-sectioh(7) ent~rs, as the case may be, upon office; . Provided that the arrangements contemplated in this sub-section shall · · not continue for a period of more than six months.

(15) Kulpati shall be the Chief Ex~utive and Academic Officer- of the University. He shall be an ex-officio. member and Chairman of the Executive Council and of the Academic Council, and Chairman of such other autbxities, committees or bodies of the University of which· he is a meml:·er. He ·shall be entitled to be present and to speak at any meeting of any authority, corrurittee or other body of the University, but shall not be entitled to vote. unless he i's a me.rnber of t}J.e authority, committee or body / . '

consemed.

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\ ..(,16) It shall be the duty of Kulpa ti to ensure that this Act, the Statute, the O~di.fiance and the Regulation are faithfully observed and he shall have all powers necessary for this purpose.

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10. Registrar ~ ~, ffi 24 ~ 2005 ,,,-✓

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_/(17) Kulpati shall have power to call the meetings of the Executive Council or Academic Council ~d any otherauthority of which he is the chairman or he can del~gate this power to any other officer .

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~nf) ff in the opinion of Kulpati any emergency has arisen ¥{hich requires ✓ immed~ate action to be taken, Kulpati shall take such action as he deems necessary and shall, at the earliest '1pportunity 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 Kulpati shall not commit the University to any recurring expenditure for a period of more than three months; !

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, . Provide4 also that this power shaJl.not extend t~ matt;rs regarding amfodment in Ordinance, Statute, Regulation or any matter relating to appoint- ments. . .

~r9) On receipt 9f report under sub-section (18) if.the. auth~rity, committee or -✓\ \ body concerned does not approve the action taken r y Kulpati it shall refer the .,. ma_tter to the K uladhipati whose decision thereon shall be final .

. / ~ The action taken by Ktilpati under sub-section (18) shall be deemed to be V- the action taken by the appropriate authority until it is set aside by the Kuladhipati on a reference made under sub-section (19) or is set aside by the Executive Com1qil on an appeal under the·second proviso of sub-section (18). _J)-1) If fn the opinion o(Kulpati, any-proc·eeding ?f any a~thority, committee or other body o_f the University is likely.to be prejudicial to the interest of the University,_

. . he shall rec9rd his reason and refer. the matter to the K_uladhipati and also infonn the authority, committee or other body concerned shall not be given effect to till the matter is

(I) Registrar shall be appointed in such manner, on·suc~emoluments and other conditions of service as may be prescribed by the Statute.

(2) Registrar empowered by the Executive Council ~ha1l have the powers to enter into, and sign;_ agreements an? a~thenticate records ~n behaif of the · University.

OY'Registrar' shall exercise such powers and perform such functions as may be pre- scribed by the Statute.

(4) The first Registrar will be appointed by Government of Chhattisgarh on

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11. Finance Officer

12. Regional Directors .13. Other Officers

.....;l'( Authorities of the Univer~ity-

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15. Executive,96unciL /

16. Academic Council

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deputation for 2 years. '

(I ) Finance Officer shall be appointed in s_uch manner, on such emoluments and other condi~ions of service and shall exercise such· powers and per- fom1 such functions as may be prescribed by the Statute.

(2) Finance Officer shall be appointed by Govt. of Chhattisgarh on deputation. Ev~ry Regional Director shall be appointed in such manner, on such emolu- m~nts and other co,n~itions of service; and shall exercise such powers and perform ·such functions, as may be prescribed by the Statute.

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The manner of appointment, emoluments, powers and duties of the other offic- ers of the University shall be prescribed by the S,tatute . .., The following sh~II be th~ authoriti~s of the University efExecuti~e Co~cil;

(~adernic Council;

'(3.}, Planning Board;

( 4) Departments;

, .(5)13oard of Studies;

(6}--Finance Committee; and -.;,,, ,,...

JJ,YSuch other authorities as may be declared by the Statute to be the authori- ties of the University.

0) '. Executive Council shall-be the principal executive body of the University, .· . -

which shall consist of not more than thirieenmeinbers out of which not more than seven shall 0e Government Officers.

(2) The constitution of Executive Council, the term of office of its mernhers and _its powers and functions sh_?ll be prescribed by the Statute.

(1) Academic CoW1cil shall-be the Principal Academic body of the University which shall consist of not more than fifteen members out of which not more than four shall be Government Officers and·shall, subject to the provisions . ., of this Act, the Statute and Ordinance, have .tlie contr_o.1 and general regulation of, and be responsible for, maintenance cif standard of research, . . .. . learnlng, .education; instr,uction, ~valuatio~ and.e,xamination-with.in the

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18. Departments

19. Board of Studies

21. Other .authorities

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University and shall exercise such other powers and p~rform such other functions as may be conferred or imposed upon it by, the Statute.

(2) The constitution of the Academic Council and the term of office of its members shall be prescribed by the Statute.

(1) There shall be a Planning Board of the University which shall consist of not

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more than .nine members out cf which not "less than three shall be Gov- ernment officers. It shali°be the principa) planning body of the Univ~r~ity

. ~d 'shall also be responsible for the monitoring of the development of the

. . ' University, on the lines 'indicated in the objects of the .University.

(2) ~ The constitution of Planning Boru-d, the term of office of its members and its powers and functions shall ,be prescribed by the Statute.

(1) There ·shall be ·such ~umber of Departments as the University may determine from time.to time ..

(2) The· constitution, powers ·and functions_ of-the Departments shail be prescribed by the Statute.

_- (1) There shall be a Board of Studies for every subject or group of subjects as may be prescribed by the Sta~ute.

(2) The constitution of the Board of.Studies, the term of office of its n1embers and its powers and functions shall be prescribed by Statute.

(1) The constitution, powers and ~ctions of the Finance. Committee shall- be ·prescribed by the Statute,

(2) No-deci~iori inv;lvin:g financial implications shall be taken by any authority of the University. without prior concurrence of the Finance Committee. -i:11e consti!Ution, powers and fu11ctions of the other autho1ities which may be declared by the Statutes to be authorities of the University sh~ll be prescribed by the Statute.

(1) The University shall establish a Fund to be called th~ University fund.

(2) .The following shall-form.part of or be paid into the Urtlve~·sity Fund .

. (a) any loan, contribution or grant by"Central or State"Govemment or any

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23. Objects to which University Fu,it! may ne applied

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..... • 1,--. ~ .• _4_-,_·o-o:-01 nat11.m .. ,_,, .

Committee

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body corporate;

(b) trusts, bequests, donations, endowments and other £rants if any· 0 ' '

. ( c) the income of the University frcm all sources including income from - fees and charges;

• ✓-· (d) all other-sums received by the University. __ _,)3-(~~e Uciversity Fund shall be kept in any nationalised . Ban1c . _..,,..,,~-

>Of The University fund shall be applicable to the following objects:-

(&) repa1went of 1ebts incurred by the University fo!' tl)c purpo_ses of thi3 Act and the Statute Or-dinance and Regulation ;nade [hereu!1der;

(b) up-keep of th.e property of the Universicy i.nciucling t.¾e depart'11C'1ts, . regional centres, study centres, and the hostels;

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( c) payment of cost of audit of the Un:versity Fund;

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(d) expenses of any suit or proceedings to.which University is a party;

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. ( e) payment of salar;ies-and allowar!ces of t½.e teaching and non-teach"

. . ' . ' .ing_staffofthe University, Regional study c;:;ntres and departments maintained by the University and in furtherance of the purposes -of thi3 ·Act, Statute, Ordinance. and Regulation ma:de therellilder and to the payment of other benefits;

(f) payment of travelling and other allowances of ihe members of the authorities of the University in pursuance o,. any provisions of this Act and the Statute Ordinance and Regulation made thereunder;

. (g). payment of fellowships, ~holarships and other awards to the students;

(h) payme~t of any expenses incurred by the Universi~ in c~g out the provisions of this Act and the Statute, -Ordinance,, an? Regulation made thereunder; _ · · (i) payment of any other expenses not specified in any of the preced- ing clauses declared by the Executive Council to be the expense 'Tor the purposes of the University.

(2) No expense shall be incw-red by the University in excess of the limits '-

fo_r 101.ahecWTing and non-recuning expenditur~ for the year fixed by the Exc:cutj e Council. .

.(Z') No expend1ture other than. that provided for in the budget shall t,.,; ~ . .

:incurred by the University without the previous approval of the Ex.e,:utive CoW1cil.

(! l C o-c:rdination Committee established mder the Vishw;;1·,•1ct:-;aiaya Adhi'liyam, : 97: (No. 22 of i 97 3) shall exercise the })OV-lcrs a1:.d perfon:1 the func- ti.ons enumerated in Section 34 ·of the s2id / \Cl. ·

(2) Kulpmi s½:~il be e):-officio memce,· of the Coordinatioi1 C~:mm1ittee

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25. Statut✓ ...,.

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26. Statute how made ~ ~. ~ 24 ~ 2005 40 (33) Subject to the provisions of this Act, the Statute may provide for all or any of the following matters, namely:-

(a~ the manner of appointment of Registrar, Finance Officers, Regional director and other officer, emolwnents and other conditions of their servire and the powers and functions that may be-exercised and performed by·each of the

. officers;

. , • · (b) .constitution·of Executive Council and other authorities of the University, the terms of office of the members of such authorities and the powers. and 'functions that may be exercised and performed by such authorities;

(c) appointment of examiners and moderators; ( d) appointment of teachers and other employees of the University, their emolwnents and other cqnditions of service; ( e) principles governing the seniority of service of the employees of the University.

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-· (f) procedure in relation t? ~y appeal or application for review l]y any

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employees or student of the University against the action of any officer or auth.ority of the University, including the time within which such.appeal or application for review shall be preferred..or made; ·

(g) forum and procedlfTe for-Jhe settlement of disput~ between the em- ploye~s or students of the University and the University; _ (h) the co-ordination an_~ determination of standards in University; · ~~fall o~er matters which by the Act are.to be,or may be provided by the Statute.

,.A1~ -first ~tat~§hall be framed· by t?e State Government and the State Government may ammend the first statute as may be necessary. ~).,,.The authorities may from time to ·time, amend or repeal any statute, except first statute.

(3) 111e authority may- on its own motion; or otherwise take into consideration the draft of a Statute.•

Provided that nothing in this clause sh~. apply in respect of statutes ol;her

. than those affecting-tfie emolwnents ofKulpati, Registrar and other officers of the University.

~Where a draft is proposed by the authority under this section it shall be

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27 _ Ordinance ~ ~. ~ 24 ~ 2005 referred to the Executive Council for consideration and the Kulaq.hipati may, after considering the view.s, i~ any, of the Executive Cow1cil that ni.ay be r~ived within such period not l.ess·than thirty days as the Kuladhipati may specify approve such draft with or without modificatj·ons and pass the Sta~te;

~Where a draft is proposed by the Executive ·~oi.wcil ·the Kuladhipati ·may ·. approve -of such draft and pass the Statute or reject it or return it to the Executive Council for reconsideration either in whole pr in part together with any amendment which he may suggest.

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j9Y'After ~ y draft returned under sub~sect~on (5) has been further considered, by the Executive Council together with any .amendment suggested by the Kuladhipati, it shall again be presented to the Kuladhipati with a report of ;. the Executive Council thereon and the Kuladhipati may approve o~ reject the Statute.

· (7,) The Kuladhipati shall not take into consid~on. nor the Executive Council shall propose the draft of an>' Statute or of any ·amendment of a Statute

. or of the repeal of any Statute affecting the.~tatus, power or constitution of any authority of ~e University-until such authority has been given an opportunity of expressing an opinion upon the .proposal.

(8) The Kuladhipati may approve the statute and they shall become effective from .·'

----;uch date as the Kuladhip~ti may specify.

(1) Subject to the provisions of this Act and the ~tatute the Ordi~ance may

. . .

provide for all or any of the following mattc:;rs, namely, ~) adri.1ission of students, courses of study and ~ees. thereof, qualifications pertaining to degrees, dipi°omas, ·certificates and other co~rses; conditions for the grant of fellowship~, awards and the like; · v{b'f conduct ?f exakination~! including the tenns .and conditions and appoinqnent of exarnin.ers and moderators~

,.,,,.,,,. . .

'v(c) any other matter which by this Act or the Statute is to be or may be provided for by the Ordinance.

(2) The first Ordinance shall be made by Kclpati with the previous approval ofthe·State-Government-and the Ordinance so made may be a1;1ended, repealed or added to at any time ·by the Executive Council in the manner prescribed by the Statute.

14

28. Regulation v

29. Annual report _/I

I

I

,J

. /' .

30. Annual accoun}S., __,I

J 1. -Conditions of service of employees

~ D~, ~ 24 ~ 2005 40 ( 35 ) (1 ) The authorities of the University may make Regulations consistent with this Act, the Statute arid the Ordinance for the conduct of their ovm business and that of the Committee, appointed by them and not provided for by this Act, the Statute or the Ordinance~ the manner prescribed by the Stature. ·(2) Regulation made shall be palced before the kuladhip.ati for"hls approval and shall be. effective from the date of its appJoval.

(1) Annual re.port ot: the University shall be preparGd under the directions of the Executive Council whlch shall include, among other matters, the steps

. .

, taken by the University towards the fulfilment of its objects.

(2) ~Anriual report so prepared shall be submitted to the Kuladhipati and the

. .

State Government on or before such date as may _be prescribed by the Statute and a copy of the annual report of.the Uniyersity shall be la~d on the tai)le of the Legislative Assembly by the State Ooverrunent.

(1) Th~ arumal accounts of the.University shall be prepared under the direc-

. tions of the Executive Council and shall be audite9 by ·the ~xaminer oflocal ·. fund account.

(2) A copy of the accounts together with the audit report shall be submitted

. to the Kuladhipati along with the observation if any, of the Executive Councii.

(3) Any observations made by the Kuladhipati on the annual accounts shall be. brought to. the notice of the Executive Counci_l and the v-iew~ of the Ex- ecutive Council if any, on. such observations, shall ~ submi~ :to the Kulad- hipati.

( 4) A.copy of the accounts together ~ith the audit report, as submitted to the Kuladh.ipati shall also be submitted to the State Government. . A copy of the accounts together with the audit.r_eport as submitted to the Stf!te Government shall be laid on the table of the Legislative Assembly by the State Government as soon as possible.

· ( 1) 'Every en:ployee of the University shall be appointed under a written contract and such contract shall not be inconsistent with the provisions-of . . . . this Act, Sta~t~ ·and O~dinance.

(2) The contract referred to ·in sub-section (I); shall be lodged with the University a copy of which shall be furnished to the employee· concerned.

15

40 (36)

32. Adjudication of Dispute

A utes as to the constitution of the Uni- versity authorities and bopies

✓

34. Filling of casual vacancies

v0roceedings of the University authorities or · bodies not invalidated by vacancies

~rotectiOn of action

v"taken in good faith ✓ -

37. Power to remove

" difficulties

38. Transitional ·prov1s1ons

· ~ ~. K-,Tc.n 24 ~ 2005 Any dispute arising out of contract betv.¹een the University and any of it:, officers or teachers shall be adjudicated upon by Kulpati and appeal against decision shall lie to~ the Kuladh.ipati or to a body. which may be constituted by him

If any question arises 8:S to whether any person has been.duly appointed or is erµitled to be a member of any authority or other"bcdy of the Unive~ity,_the matter shall be referred to the Kuladhipati whose decision thereon shall be final.

, .

Save as otherwise provided in th.is Act all casual vacancies of the members other than ex-officio members of any authority, committee or other body of the University shall be filled, as so.on as possible for remaining unexpirerl. period in accordance with ~e _procedure.

No Act or Proceedings of any authority or.any other body shall be invali-

. .

dated merely by reason of the existence of any vacancy or vacancies among its members.

No suit or other l~gal_proceedings shall lie against any officer, teacher or other employee of the University for any thing which is in good faith done or intended to be do_ne in pursuance of any of the provisions of this Act or the · Statute, O~dinances or Regulation.

If any difficulty arises ip giving effect to the provisions of this Act, the State Government may, by order, make such provisions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for re-· moving the difficulties.

Notwithstanding any thing contained ih this Act and the Statute;

(a) The State Government shall appoint an officer cin special duty for a term not ex~eding two years. The terms and conditions of .the officer on ~ial duty shall be stated in_ his letter of appointm~rit; .. · · . (b) The officer 0 t; .sp~cial duty shall have p9wers of Kulpati; ( c) the first ExeCL•:ive Council shall consist of not more than fifteen mem- bers who sh~ll be nominated by the Kuladhipati on the advice of the State Government and they shall hold office for a term of three years; and

16

39. State govem.:nent to a<;sumc:: financial comrol in certain circurn<;tan.c ~ ~ . ~ -24 ~ 2005 40 (37) ( d) (i) the first planning Board shall consist of not more than eleven members who shall _be_nominated by the Kuladhipati on the advice of the State Govenimei:it and they shall hold office for a term of three ye?fs; · (ii}the planning Board shail, in addition ~o the pow.ers and functions _b;mferred o!j it by this Act, ex_ercise the powers of the.Academic C9uncil and

• • ,• • J • the_ Board of Studies until the- Academic Council and the''Board of Studies are constituted under the provisioris of 1his Act and-the Statutes, and in the exercise of suchpowers, the Plqnning Boar1 may co-opt such m~~bers as it may~ d~cide. ( 1) If the Slate Government is satisfied that owing to ~adrni.tli~~tio1; or financial mism-anagemcnt in the University a situation has arisen whereby financial stability of the University has become insecure, it may by notification, declare that the finances of the University shall be st;bject to the control ofihe State Government.

(2) '.Every_notific~tion issued under_ sub-section (I) shail, in th'e fast instance,, remain in operation for a period-of one year from the date spe-cifi~d in thy notification and the State Q-ove~ent inay; from time to time,, by notification, -. . . ' . ·, ~ . . . . extend the pe_riod of operation-by such fuither period as it may~ fit, provided_ that the·total period of operation d~es not exc~ed thr~e years ..

(3) During the period of-the n~tification is;ued ~der sub-~ection (l}the executive authority of the State Government ~hall ex_tend to give directions to the. said University to observe such cannons of financial propriety as may be specified in the dirrction and to give such other directions as the State Government may deem necessary and ~dequate for the purpose. .

( 4) Notwithstanding anythin·g contained in thjs Act, any such direction-may include;- .

_ (o~e) ;;t·provi~icm re_quiring·th~ sJ.ibTT?-i~siq~ of the buqgettq th~ S.tate - Govemmei)t for san~tion;-

(two )a provision requiri~g the University.to submit every proposal involving financi~ implications to the State Government for sanction; (tlu·ee)a provis·ion requfring the submission of every proposal for th~ revision of pay scale and rate of allowanc;es of the officers, teachers, and other persons employed by_the Uriiversity to-the State Goverrunent for the sanction; (four)a provision requiring the deduction of salaries and ~lowances of all or' any class of persons ·employed by the_ University ; · (five) a provision requiring the deduction in the number of pos.ts o_f the· officGrs,_teachers and other persons employed by thdJniversit)[; -- -- ·-. :

_ (six) a p~oyisio.n requirin~ the lowering'downof s?·ales of pay l:lrld rate of allowances, and

(seYen) a provision in regard to such ~ther matt~rs as·~ ay h·w.-e tbe effect of reducing the financial strain ori the University. Provided that the Kuladhipati ma\', if be considers it necessaI) so Lo do, J: r;. • I ., • •

appoint a committee consisting of an edur,ationist, and admfrtlsrrative expert and

17

40 (38)

• ~ J Govemment to a ly · Act in modifi form with a vi w provide forbetteradnunistration oflJniversity in certain ~ircumstances

~ ~ . ~ 24 ~ 2005 a fincincial _expert to assist Kulpati so appointed in exercise of such powers and performance· of such dutie_s. . ,.

-C~)_ ·No~1Standing ~y tlung conta~i.ed in this Act.; it shall be binding oh every _ . authority o~~he University and.every officerof the U~versity to give effect to the · · direction given under this section.

• (6) Every officer of the University s~all ·be pe;rsonally liable for misapplication of any fund or property of the U 1liver.3ity as a result of non-compliance of the direction

. .

give_n_under this _section to which he shail have been a party 01~ which shall have happened through or been facilitated by gross neglect of his duty as such officer, and the loss so inc~rred shall, on a certificate issued by.th~ Secretary, Higher

• Education be recovered from such officer as an arrears ofland revenue . Provided-that no action' to recover. the amount of loss as arrear of land revenue shall be taken l,111ti.l reasonable oppbrtunity;has-been given to the person. con~eme~ to furnish explanation and such explanation-has been considered by · . . . · • ·the State Gpveminent. •

., '

.. (1) If the ~tate. Gover:nment on receipt of a report or·otiwrwise; is satisfied that .. a situation has arisen in which-the administration of the University cannot be carried

. .

out in accordance wi'th 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 thereirf, direct that the provisions of Sections 9, 15, 16 to 20, 28; 29, 30 and 37 shall as from the date specifie~ in the notification (hereinafter in thjs Section referred to as the appointed date) apply to the Uniy~rsity. -

(2) Th~ Notification issued under sub~section(1) shall rem~ in operation for a period ofone.year from the appointed date-and the S~te G~vernment may, from ti,me to lime, extend the period of such further perio~ as it may'think fi_t so; however that the tcita1 pei:iod o~ operation of the notification do_es _not exceed three years.

(3) Toe Kuladhipatishall ·simultaneously with the issu~ of the notification, appoint Kulpati under Sections 9 and J(ulpati so appoihte.d shall hold office during the .period of operation of the notification.

Provided that Kulpa ti may, notwithstanding the c~pi_ration ·of the period of operation of the.notifications, continue to hold offi~~ thereafter w1til his successor enter~ l;POn office b~t thi~ pet"iod shall not e\ceed one year. , ( 4) P...s from the appointed c;late; the following consequences shall e11Sue, namely:-

( one) Kulpati, holding office immediately before, the appointed date, shall notwithstan~ng that his term of office has not expired, vacate his office. . (h1/o) every person h~lding office as a me?1ber of the Executive or the Acadeinic co·uncil, as the ·case may be immediately"before the appointed date shall cease to hold that office; · . . ~

(three) until the, executive Council or Academic Ci¹-t1Cil, as the case may be i~ reconstituted in ao'COt'G.'l·. ~~ v.r:iU~CTe provisions as modified, Kulpati I •

• ~

18

41. Effect on expiration of the period of

operationb

notification under section40

~ ~. ~ 24 ~ 2005 40 (39)

appointed und~r Section 9 as modified, shall exercise the powers and perfonn the duties conferred or imposed by or under this Act, on the Executive Council or Academic Council.

Provided that the Kuladhipati may, ifhe considers it necessary so to do, appoint a committee consisting of an educationist. an administrative expert and a financial expert to assist Kulpati so appointed in exercise of such pow.ers and performance of such duties.

(5) Before the expiration of the period of operation of the notification or immediately as early as practicable, thereafter, Kulpati shall take steps to constitute E~e~utive Council and Academic Council in accordance wi~ the provisions of the Act, as wunodified and the Executive Council and Academic Council as_ so constituted shall begin to function on the date immediately following the date of expiry ofthe period of operation of the notification of the date on which the respective bodies are so constituted whichever is later.

Provided that if the Executive Council and Academic Council are not , constituted before the expiration of the period of operation of the notification, Kulpati shall on such expiration, exercise the powers of each of these authorities subject to prior approval of the Kuladhipati till the Executive Council or Acade~c. Council, as the case may be, is so constituted,.

On expiration of the period of operation of the notificatio.t;1 issued under Section 40, the provisions·of this Act, as modified in application to the University mentioned in the notification shall cease to operate in respect there of and the other relevant provisions of this act shall revive and continue to apply thereto. Provided that the expiration of the operatign of the notification shall not affect :-

(a) previous operation of or anything done or liability acquired, accrued or incurred under the provisions as modified or any order made thereunder; or

(b) any right, privilege, obligation or liabijjty acquired, accrued cir

. . .

incurred under the provisi9ns 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 be instituted or enforced as if the modified provisions had not ceased to apply. This bill has been passed by Chhattisgarh VidhanSabha on thursday dated 02 Decemb~ 2004-

19

: . . -·

•

. ,t ., . q i H-t. TT!SGARH _:ACT : (No. 23-'cif' -2.ll :· .·

. st

: :,

PANDIT Sl.'NIJARLAJ .. SHAR;\l,\. !OP.EN) l:!'ilVER~iTY CHH.\.T'l'lSl;~\l

,\n ,\ct to :irn.:nd the Pandit Sundu:-1:,1 Shart.-na (Open) l fnin!rsi ty Chhattis:!nrli ,\..:1. 200..J (i'>;o, 26 ()/'WU., l.

81! It rn,1i.:1cd hy ,he Chh:.lll1sg:.irh L~[!l~!.tll!J\! 111 thi.! r-,r1y-:;cv1.-11lh yc~I' or lhL' Ri.!l'l:h!·, lll'i ndi:•. as fullriw~ :-

I.

2.

3.

I I J

( 2 )

' Chi-; l\<.:1 may h..: called the PanditSuodarlal Sb.irr.Hq Or,, nJ U111111:1').1t., Clth.111 :~:~,11 I:

(Amendment) Ai.:t. ·2()()6.

ft rx.rc:nds to th~ ,vhore Srntc: iit' Chhattisirnrh: . ~

(.l l It ~!mil come iot•J force ·rnnn rhc d:w:- of its publi_cation in th~ Official <1:1zc11c. In rh:s At·t. unlt:ss tht• context n1herwisc rt•quirc:.;-

"Prim:ir.il A\:l'' 111.:ans Pandit Sundarl:.1t~h.mn;i (Opc:n) Univcrnly Chh:u1_i~gnrh Ac1. ~l!()..f. (No. :6 of 200-l- l.

In sull-~cction (8) ot' Sect10119 ot' tht· Prindpal r\c.;t. for !ht: ~v,mJ "lwn·· tl1c \.\ lll'd "Fiv~•" ~lt.:li b.:suhsntukd.

,.,

_ ___ .. ________ ·- --~- --. . -- -· .... ---·- ·-·--.. ·- ·--- ...... ·- · -· -· -· ·· '::J:. . , .. !

.. 11,

.!°'l111rt 11t h. , ,, .·, ti C() flllll\'.'IH..'\'l\il''• Odinici,,n.

A l ll \¹\lc! ¹1111:1 ,tf ..,,,.,

1im: ¹>.

,:· .. M ii '5.~ ;i~ ;;;:;;mm- -2uv6

20

21

22

23

24

25

26