SREE SANKARACHARYA UNIVERSITY OF SANSKRIT
KALADY
(Act 5 of 1994)
THE SREE SANKARACHARYA UNIVERSITY OF SANSKRIT ACT, 1994
(Incorporating amendments upto Act 7 of 2009) Issued by the Registrar, Sree Sankaracharya University of Sanskrit, Kalady (for office use only)
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VICE-CHANCELLOR Dr. J. PRASAD PRO- VICE-CHANCELLOR
DR. S. RAJASEKHARAN
REGISTRAR
Dr. S. PREMJITH
LEGAL CELL
Sri. T. Chandrababu (Convenor)
Sri. Sakkir P.B. Sri. P.B. Samkumar (Members)
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SREE SANKARACHARYA UNIVERSITY OF SANSKRIT
P.O.KALADY, ERNAKULAM DISTRICT
KERALA - 683 574
DR. J. PRASAD PHONE: 0484-2463580 FAX : 0484-2463580 VICE-CHANCELLOR E-mail: ssuvc @sancharnet.in Date: 06.04.2009
FOREWORD
Laws are the driving force in a democratic set up. Everybody is expected to have acquaintance with this driving force in the arena of his/her activities. At this point, the efforts made by the Legal Cell, in bringing the various Acts of this University from various points of time together, deserves recognition.
I hope this compilation will be very much helpful to the University employees and officers in discharging their duties diligently in furtherance of the functioning of the University.
Dr. J. PRASAD
VICE-CHANCELLOR
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SREE SANKARACHARYA UNIVERSITY OF SANSKRIT
P.O.KALADY, ERNAKULAM DISTRICT
KERALA - 683 574
DR. S. RAJASEKHARAN PHONE: 0484-2463583 FAX : 0484-2463480 PRO-VICE-CHANCELLOR E-mail: drsrajasekharan @asianetindia.com Date: 06.04.2009
MESSAGE
It gives immense pleasure to see that the Legal Cell of the University brings out a compilation of the Acts of the University proclaimed hitherto. Ofcourse, it is a positive gesture. This will enable the employees themselves with the essential tool in the right way in carrying out their official duties. I take this occasion to put on record my sincere admiration in this venture.
Dr. S. RAJASEKHARAN
PRO- VICE-CHANCELLOR
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PREFACE
The Sree Sankaracharya University of Sanskrit Act, 1994, (Act 5 of 1994) is an Act of the Kerala State Legislature which received the assent of the His Excellency the Governor of Kerala on the 3 day of March, 1994. The same was published by the Government of Kerala, as notification No. 2547/Leg. Uni. 3/94/Law. dated 03.03.1994 in Extraordinary Gazette dated 03.03.1994.
Since then, amendments were made to the Principal Act several times. Sincere efforts have been made to incorporate the amendments scattered in various enactments in the Principal Act so as to give a picture of the Act which is currently in force. The earlier provisions are given in the footnotes so as to show the evolution of the Act in to the present form.
The four amendment Acts and one erratum by which the Principal Act was amended are given at the end of this compilation as annexure. This compilation will be useful as a single reference for all the members of staff of the University. Kalady, Dr. S. PREMJITH
06.04.2009. REGISTRAR
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let our minds be one ta receiving knowledge as gods of yore, let us strive together
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CONTENTS
The Sree Sankaracharya University of Sanskrit Act, 1994 (Act 5 of 1994)
Annexure I
(Erratum)
Annexure II
[The Sree Sankaracharya University of Sanskrit (Amendment) Act, 2003 (Act 4 of 2003)]
Annexure III
[The Sree Sankaracharya University of Sanskrit (Amendment) Act, 2005 (Act 1 of 2005)]
Annexure IV
[The University Laws (Amendment)Act, 2007 (Act 24 of 2007)] Annexure V
[The Sree Sankaracharya University of Sanskrit (Amendment) Act, 2008 (Act 7 of 2009)]
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THE SREE SANKARACHARYA UNIVERSITY OF SANSKRIT
ACT, 1994
(ACT 5 OF 1994)
An Act to establish and incorporate a University at Kalady in Aluva taluk in Ernakulam District by the name Sree Sankaracharya University of Sanskrit.
Preamble.-WHEREAS, it is considered necessary to establish and incorporate a University in the name of the illustrious Indian Philosopher and Saint Jagadguru Sree Adi Sankaracharya in his place of birth for the promotion and development of the study of Sanskrit, Indology, Indian Philosophy and Indian languages.
BE it enacted in the Forty-fifth year of the Republic of India as follows: —
CHAPTER I
PRELIMINARY
1. Short title and commencement._(1) This Act may be called the Sree Sankaracharya University of Sanskrit Act, 1994.
(2) It shall be deemed to have come into force on the 25th day of November, 1993.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) "Academic Council" means the Academic Council of the University constituted under section 16;
(b) "Academic department" means a department of studies functioning under a head of department, which forms a faculty, or a constituent unit of a faculty, of the University;
(c) "authority" means any authority of the University specified in section 11;
(d) "Board of Studies" means a Board of Studies of the University;
(e) "Chancellor" means the Chancellor of the University; if) "Chief Counsellor" means the Chief Counsellor of the University referred to in section 10;
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The Sree Sankaracharya University of Sanskrit Act, 1994 (Act 5 of 1994)
(g) "Dean" means the head of a faculty of the University;
(h) "employee" means any person in the wholetime employment of the University and includes teachers and other staff of the University;
(i) "faculty" means a faculty of the University consisting of one or more Academic departments;
(j) "Government" means the Government of Kerala;
(k) "Officer" means an officer of the University specified in section 23 or any person designated as an officer by the Statutes;
(U) "prescribed" means prescribed by this Act or by the Statutes, Ordinances or Regulations made thereunder; [(m) "Pro-Vice-Chancellor" means the Pro-Vice-Chancellor of the University;]!
[ |?
(n) "Pro-Chancellor" means the Pro-Chancellor of the University;
[(na) "recognised institution" means the Kerala Kalamandalam at Cheruthuruthy in Thrissur District, a society registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 (12 of 1955);]°
(o) "Registrar" means the Registrar of the University;
(p) "State" means the State of Kerala;
(q) "Statutes", "Ordinances" and "Regulations" mean respectively the Statutes, the Ordinances and the Regulations of the University;
' Inserted vide The Sree Sankaracharya University of Sanskrit (Amendment) Act, 2008 (Act 7 of 2009) wef, 9" June, 2008.
(m) "Principal Dean of Studies" means the Principal Dean of Studies of the University; {Omitted vide The Sree Sankaracharya University of Sanskrit (Amendment) Act, 2005 (Act 1 of 2005) w.e.f. 6" January, 2005}.
3 Inserted vide The Sree Sankaracharya University of Sanskrit (Amendment) Act, 2003 (Act 4 of 2003) w.e.f, 28" November, 2002.
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The Sree Sankaracharya University of Sanskrit Act, 1994 (Act 5 of 1994)
(r) "student" means a person duly admitted as a full-time ora part-time student in any of the Academic departments or the institutions of the University in accordance with the Regulations to undergo a course of study or research, leading to a degree, diploma or certificate of the University;
(s) "Syndicate" means the Syndicate of the University;
(t) "teacher" means a Professor, Reader or such other person appointed or recognised by the University for the purpose of imparting instruction or conducting and guiding research in the University and includes any other person who may be declared by the Statues to be a teacher;
(u) "University" means the Sree Sankaracharya University of Sanskrit established and incorporated under this Act;
(v) "University Grants Commission" means the University Grants Commission established under the University Grants Commission Act, 1956 (Central Act 3 of 1956);
(w) "Vice-Chancellor" means the Vice-Chancellor of the University.
CHAPTER II
THE UNIVERSITY
3. The University— (1) The Chancellor, the Pro-Chancellor, the Vice-Chancellor, [the Pro-Vice-Chancellor]* [| ]> and the members of the Syndicate and Academic Council, for the time being, shall constitute a body corporate by the name of "Sree Sankaracharya University of Sanskrit".
(2) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name.
(3) The head quarters of the University shall be at Kalady, the birth place of Sree Adi Sankaracharya, in Ernakulam District.
4 Inserted vide The Sree Sankaracharya University of Sanskrit (Amendment) Act, 2008 (Act 7 of 2009) wef, 9" June, 2008.
> the Principal Dean of Studies {Omitted vide The Sree Sankaracharya University of Sanskrit (Amendment) Act, 2005 (Act 1 of 2005) w.e,f- 6" January, 2005}.
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The Sree Sankaracharya University of Sanskrit Act, 1994 (Act 5 of 1994)
4. Territorial jurisdiction— (1) The territorial jurisdiction of the University shall extend to the whole of Kerala.
(2) The University may assume responsibility for the establishment and development of appropriate institutions for the study of Sanskrit, Indology, Indian Philosophy and Indian languages in different parts of the State.
5. Objects of the University—The following shall be the objects of the University, namely:—
(a) imparting intensive, extensive and higher education in various branches of Sanskrit learning as well as in Indology, Indian Philosophy and Indian languages;
(b) providing facilities for the advanced study of various Indian languages laying emphasis on their longstanding association and relationship with Sanskrit and their inter-relationship with each other;
(c) promoting research in Sanskrit, Indology, Indian Philosophy and Indian languages;
(d) taking measures for the preservation of our cultural heritage enshrined in Sanskrit language and in our ancient art and literature;
(e) publication of books in Sanskrit, as well as books written in other languages dealing with Sanskrit classics, Sanskrit authors and relating to Sanskrit language and literature in general;
(f) taking measures to collect, preserve and publish ancient manuscripts;
(g) providing facilities to promote and encourage Fine Arts such as Music, Drama and Painting according to the Indian traditions;
(h) making provision for imparting education in other subjects—including foreign languages and literature, arts, humanities and social sciences—along with Sanskrit for the purpose of offering fully rounded and composite courses of study which are useful and attractive to the young generations;
(i) providing facilities for the study and research in the cultural diversities of Kerala;
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The Sree Sankaracharya University of Sanskrit Act, 1994 (Act 5 of 1994)
(j) establishing for the use of Sanskrit Scholars and the students a computerised data base of published works and on going research work in and on Sanskrit language and literature, Indology and Indian Philosophy from all over the world;
(k) making provision to get translated Vedas, Puranas and Upanishat into Malayalam language.
6. Admission to the University. — (1) The University shall, subject to the provisions of this Act, and Statutes, be open to all persons:
Provided that nothing in this section shall be deemed to require the University to admit to any course of study any person who does not meet the prescribed academic standards for admission or to retain on the rolls of the University any person whose academic records are below the minimum standards required for the award of a degree or diploma or certificate, or whose personal conduct is found to be prejudicial to the rights and privileges of other students and staff, or to admit to any course of study a larger number of students than that can be normally accommodated by the University on the basis of principles enunciated by the Academic Council.
(2) Subject to the provisions of sub-section (1), the Government may direct that the University shall reserve seats in specific courses offered by the University for Scheduled Castes, Scheduled Tribes and members of socially and educationally backward classes as well as candidates from other States and Union Territories of Indian and from outside India:
Provided that no such person shall be entitled to be admitted to the University unless he or she meets the minimum standards laid down by the University for admission with the usual relaxation available to the Scheduled Caste and Scheduled Tribe candidates.
7. Powers and functions of the University:— The University shall have the following powers and functions, namely:—
(i) to provide for instruction in Sanskrit, Indology, Indian Philosophy and Indian languages as well as in such other appropriate allied subjects as the University may deem fit;
(ii) to make provision for research in Sanskrit, Indology, Indian Philosophy and Indian languages;
(iii) to provide for instruction and research in traditional Fine arts of India;
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The Sree Sankaracharya University of Sanskrit Act, 1994 (Act 5 of 1994)
(iv) to institute courses of study and to hold examinations for persons who have undergone such courses of study; [(iv a) to prescribe degree courses in fine arts such as music, drama and painting according to the Indian traditions, to be conducted in the recognised institution and to hold examinations of persons who have undergone such courses of study;]®
(v) to institute degrees, diplomas, titles, certificates and other academic distinctions;
(vi) to confer degrees, diplomas, titles, certificates and other academic distinctions on persons who shall have—
(a) pursued a prescribed course of study in any academic department or institution under the University and passed the prescribed examinations ; or
(b) carried out such research as has been prescribed by the University;
[(via) to confer degrees on persons who shall have pursued a prescribed course of study in the recognised institution and passed the examination;|"
(vii) to confer such honorary degrees or other distinctions as may be prescribed by the Statutes on persons who have made notable contributions to Sanskrit literature, Sanskrit education, Indology, Indian Philosophy, Indian languages, fine arts, humanities or social sciences or cultural contact between India and foreign countries;
(viii) to withdraw or cancel degrees, diplomas, titles, certificates or other academic distinctions conferred by the University for good and sufficient cause as may be prescribed by the Statutes;
(ix) to organise conferences, debates, discussions, Seminars, symposia, workshops and other such programmes in furtherance of the objects of the University;
(x) to conduct competition in different branches of Sanskrit studies and the teachings of Sree Adi Sankara and award prizes and certificates to winners;
6 Inserted vide The Sree Sankaracharya University of Sanskrit (Amendment) Act, 2003 (Act 4 of 2003) w.e.f, 28" November, 2002.
T Inserted vide The Sree Sankaracharya University of Sanskrit (Amendment) Act, 2003 (Act 4 of 2003) w.e.f, 28" November, 2002.
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The Sree Sankaracharya University of Sanskrit Act, 1994 (Act 5 of 1994)
(xi) to co-operate or collaborate or associate with other Universities, academic organisations and institutions of higher learning in such manner and for such purposes, as the University may deem fit so as to promote the objects of the University;
(xii) to establish and maintain academic institutions under the management of the University, to promote education in Sanskrit, Indology, Indian Philosophy and Indian languages;
(xiii) to make provisions for the residence and _ other educational facilities for girl students;
(xiv) to maintain archives, libraries, information centers, data bank, museums and such other institutions which are useful for the furtherance of the objects of the University;
(xv) to collect, conserve and publish ancient manuscripts and to conserve materials of archaeological values and importance;
(xvi) to acquire or take by purchase, grant, testamentary disposition or otherwise, and to hold, manage or control any property movable or immovable and to grant, demise, alienate or otherwise dispose of any such property, for the purposes of the University;
(xvii) to accept donations or grants or gifts, or to borrow money from the Central Government or any State Government or from any individual, association or body corporate with the prior approval of Government for the purposes of the University;
(xviii) to define the powers, duties and responsibilities of the authorities, officers and other employees of the University other than those prescribed in this Act;
(xix) to regulate and enforce discipline among the employees and students of the University and take such disciplinary measures in this regard as may be deemed by the University to be necessary;
(xx) to create posts for teaching, research and other allied academic activities with the prior approval of Government and to appoint persons to such posts;
[(xxa) to co-ordinate, supervise, regulate and control the conduct of teaching in the prescribed courses in the recognised institution;
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The Sree Sankaracharya University of Sanskrit Act, 1994 (Act 5 of 1994) (xxb) to prescribe the qualification of teachers for the prescribed courses in the recognised institution;]®
(xxi) to create administrative and other posts with the prior approval of Government and to appoint persons to such posts;
(xxii) to institute, hold and manage endowments and bursaries for the promotion of Sanskrit and to give financial and other assistance to deserving institutions or individuals engaged in the dissemination of Sanskrit learning and to institute and award fellowships, scholarships and prizes in accordance with the Statutes for the promotion and propagation of Sanskrit;
(xxiii) to publish books, periodicals, pamphlets and monographs in furtherance of the objects of the University;
(xxiv) to give financial and other assistance to institutions or individuals for the publication of books which are conducive to the furtherance of the objects of the University;
(xxv) to establish and maintain residential accommodation for the students and employees of the University; (xxvi}) to supervise and control the residence, conduct and discipline of the students of the University and to make arrangements for promoting their health, recreation and welfare;
(xxvii) to fix, demand and receive such fees and other charges as may be prescribed by the Statutes;
(xxviii) to appoint persons working in any other University or organisation or institution of higher learning as teachers of the University for a specified period;
(xxix) generally to do all such other acts and things, whether incidental to the powers and functions aforesaid or not, as may be necessary for the furtherance of the objects of the University.
8 Inserted vide The Sree Sankaracharya University of Sanskrit (Amendment) Act, 2003 (Act 4 of 2003) w.e.f, 28" November, 2002.
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The Sree Sankaracharya University of Sanskrit Act, 1994 (Act 5 of 1994)
CHAPTER III
THE CHANCELLOR, PRO-CHANCELLOR AND CHIEF
COUNSELLOR
8. The Chancellor.— (1) The Governor of Kerala shall, by virtue of his office, be the Chancellor of the University.
(2) The Chancellor shall be the head of the University and if present, preside at the meetings of the Academic Council and at any convocation of the University.
(3) All authorities of the University shall be subordinate to the Chancellor.
(4) Every proposal to confer an honorary degree or other distinction shall be subject to confirmation by the Chancellor. (5S) The Chancellor shall exercise such other powers and perform such other functions as may be conferred on or entrusted to him by this Act or the Statutes.
(6) The Chancellor may, by order in writing, annul any proceedings of any of the authorities of the University which is not in conformity with this Act or the Statutes:
Provided that before making any such order _ the
Chancellor shall call upon such authority to show cause why such an order should not be made and consider cause if any, shown by such authority within a reasonable time.
(7) |The Chancellor shall have power to remove the Vice- Chancellor from office by an order in writing on charges of mismanagement of funds or misconduct or for any other good and sufficient reasons:
Provided that such charges are proved by an enquiry conducted by a Judge of the High Court or Supreme Court:
Provided further that the Vice-Chancellor shall not be removed under this sub-section unless he has been given a reasonable opportunity of showing cause against action proposed to be taken against him.
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The Sree Sankaracharya University of Sanskrit Act, 1994 (Act 5 of 1994)
9. The Pro-Chancellor.— (1) The Minister in charge of Higher Education in the State shall, by virtue of his office, be the Pro- Chancellor of the University.
(2) In the absence of the Chancellor or during his inability to act, the Pro-Chancellor shall exercise all the powers and perform all the functions of the Chancellor.
(3) |The Pro-Chancellor shall also exercise such other powers and perform such other functions of the Chancellor as the Chancellor may by order in writing delegate to the Pro-Chancellor and such delegation may be subject to such restrictions and conditions as may be specified in such order.
10. The Chief Counsellor.— (1) An eminent Sanskrit Scholar having international reputation shall be nominated by the Government as the Chief Counsellor of the University.
(2) The Chief Counsellor shall be the honorary chief advisor of the University.
(3) The Chief Counsellor shall have the right to visit the University or any institution established or maintained by the University at any time after giving prior intimation to the Vice- Chancellor.
CHAPTER IV
AUTHORITIES OF THE UNIVERSITY
11. Authorities of the University.— The following shall be the authorities of the University, namely:—
(i) the Syndicate;
(ii) the Academic Council;
(iii) the Faculties;
(iv) the Boards of Studies;
(v) the Finance Committee; and
(vi) such other bodies as may be specified by the Statutes to be authorities of the University.