Chhattisgarh act 019 of 1956 : The INDIRA KALA SANGIT VISHWAVIDYALAYA ACT, 1956

  • Date:
Department
  • Department of HIGHER EDUCATION
Ministry
  • Ministry of State Government
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The Indira Kala Sangit Vishwavidyalaya, Khairagarh

CALENDAR

1960

VOLUME |

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1

TABLE OF CONTENTS

डे CHAPTER TI Common Seal and Coat-of-Arme..... CHAPTER वा.

The Indira Kala Sangit Vishwa- vidyalaya Act, 1956 9 ann

CHAPTER IL

Kirst Statutes of the Vishwa- vidyalaya

CHAPTER IV

Ordmances - 6 9 aw oe

CHAPTER V

Resilations कक © es

PAGES.

FSA

35 61

62 — 120 121 — 142

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CALENDAR

The Indira Kala Sangit Vishwavidyalaya, Khairagarh

CHAPTER I

COMMON SEAL AND COAT-OF-ARMS

1. Decided the form: of the common Seal and Coat-of-Arms of the Vishwavidyalaya as follows :—

(i) Form:—Natraj in the dancing pose With a Veena near his steady lee.

(ii) Colour :—Outer circle: Green; Veena; Light maroon; Natraj; Dark maroon; Rays pink with white gaps.

(iii) Motto:—"geaet ag aasfa'' (May all live in tune).

(Vide Extract from the minutes of the Karya Karini Samiti, dated 16th September, 1958),

3

Ineorpo- ration, Vesting of property. Powers of Vishwa- vidyalaya. f

4 1. EK. Ss. ए. CALENDAR Samiti as Professors and Readers, respec- tively ;

- (1) '*Vishwavidyalaya'' means the Indira Kala Sansit Vishwavidyalaya of Khairagarh. esi

3. The Kulapati, the Prati Kulapatis, the Upa Kulapati, the Adhyacharya (if amy), and the Woshadhyaksha and the first members of the Vishwa- vidvalaya Sabha, of the Karyakarini Samiti and of the Shiksha Samiti of the Vishwavidyalaya and all persons who may hereafter become such officers or members are, so long as they continue to hold such office or membership, hereby constituted a body corporate by the name of the Indira Kala Sangit Vishwavidyalaya and shall have perpetual succession and a common seal and shall sue.and be sued by that name.

4. All property, moveable and immoveable, vested in the State Government for the purpose of the Indira Sangit Academy, Khairagarh, shall, from the date of commencement of this Act, be held and applied by the Vishwavidyalaya for the purpose of this Act.

5. The Vishwavidyalaya shall have the following powers, namely :—

(a) to provide for instruction in all branches of musie and fine arts, and to make provision for research and for the advancement of studies in music and fine arts and dissemina- tion of knowledge in the aforesaid subjects;

(b) to hold examinations and grant degrees to, and confer other academic distinctions on such persons as may be considered suitable therefor ;

(c) to confer honorary degrees or other distinc- tions;

6

Teaching jn Vishwa- yidyulaya. 6 1. i. 8. ¥. CALENDAR

(2) Notwithstanding anything in any other law for the time being in force, no institution imparting instruction exclusively in music and fine arts or either of them within the limits specified in. sub-section (1) shall be associated in any way with or be admitted to any privileges of any other University incorporated by law in India, and any such privileges granted by any such other University to any such institution shall be deemed to be withdrawn upon the com- mencement of this Act; and no such _ institution situate within the said limits shall, save with the sanction of the Kulapati, be associated in any way with or seek admission to any privileges of any other University incorporated by law in India :

Provided that nothing contained herein shall apply to schools and colleges imparting instruction amoug other subjects in music or fine arts or both and affiliated to any' other University in Madhya Pradesh or the Board of Secondary Education within the aforesaid limits :

Provided further that any institution mot admit- ted ta the privileges of any other University in¢orPe- rated by law, which imparts instruction in muSI¢ 01 fine arts or both and which is situate outside Madhya Pradesh may apply to the Vishwavidyalaya for beg admitted to the privileges of the' Vishwavidyalaya and the Vishwavidyalaya may, subjeet to such condi- tions and restrictions as it may think fit to impose, admit such institution to the privileges of the Vishwa. vidyalaya.

7. (1) All recognised teaching in connection with the Vishwavidyalaya courses shall be conducted by the teachers of the Vishwavidyalaya jin aecordance with such scheme asimay be framed for each academic vear by the Shiksha Samiti and shall inelude lectures, practical training and other teachine eonducted in aecordance with the syllabus prescribed by the Regu- lations. '

8

THE AcT 7

(2) The authorities responsible for organising such teaching shall be preseribed by the Statutes,

(3) The courses and eurricula shall be preseribed hy the Ordinances and, subject thereto, by the Regu- lations,

(4) No attendance at any teaching other than teaching conducted by the Vishwavidyalaya or by a college in accordance with the provisions of this section'shall qualify for admission to any examination of the Vishwavidyalaya for which a reeular course of study has been preseribed by the Vishwavidyalaya.

8. (1) The State Government shall have the right to cause an inspection, to be made by such person or persons as it may direct, 01 the Vishwavidvalaya, its buildings, laboratories and equipmentment and of any institution maintained by the Vishwavidyalaya and also of the examinations, teaching and other work conducted or done by the Vishwavidyalaya and to cause an enquiry to be made in like manner in respect, of any other matter connected with the Vishwavidyalaya,

(2) The State Government shall in every case give notice to the Vishwavidyalaya of its intention to cause an inspection or enquiry to be made and the Vishwavidyalaya shall be entitled to appoint a repre- sentative who shall have the right to be present and to be heard at such inspection or enquiry.

(3) The State Government may address the Upa Kulapati with reference to the result of such imspec- tion and enquiry, and the Upa Kulapati shall com- municate to the Karyakarini Samiti the views of the State Government with such advice as the State Government may offer upon the action to be taken thereon.

(4) The Karyakarini Samiti shall, after placing the matter before the Vishwavidyalaya Sabha, com- munieate to the State Government through the Upa Visitation.

9

i~

THE ACT 9

(3) Every proposal to confer an honorary degree shall be subject to the confirmation by the Kulapati.

(4) The Kulapati shall, where committees of selec- tion for the teaching posts of the Vishwavidyalaya are constituted, appoint one member on every such committee unless the Statute provides for a larger number being so appointed.

(5) The Kulapati may —

(a) call for any papers or information relating to the affairs of the Vishwavidyalaya; and

(b) for reasons to be recorded, refer any matter except a matter falling under section 40, for reconsideration to any officer or authority of the Vishwavidyalaya that had previously considered such matter.

(6) The Kiapati may, by an order in writing, annul any proceeding of any officer ov authority of the Vishwavidyalaya which is not in eonformity with this Act, the Statutes, the Ordinances or the Regeu- lations :

Provided that before making any such order he shall call upon the officer or authority concerned to show cause why such an order should not be made and if any cause is shown within the time specified by him in this behalf, he shall consider the same.

11. (1) The Founders and the Minister for Edu- eation of Madhya Pradesh shall be the Prati Kulapatis,

(2) The Prati Kulapati authorised in this behalf by the Kulapati shall, in the absence of the Kulapati, perform all duties of the Kulapati and shall also per- form such duties of the Kulapati at other times as the Kulapati may, by an order in writing, assign to him.

12. (1) The Upa Kulapati shall be appointed by the Kulapati from a panel of not less than three names The Prati

Eulapatis.

The Upa-

Kulapati.

11

10 1. K. & ४. CALENDAI 12 the committee constituted im the manner laid down in sub-seetion (2) :

Provided that the first Upa Kulapati shall be appointed by the Kulapati.

(2) The Kulapati shall appoint a committee of three persons two of whom shall be appointed by the Karyakarini Samiti by single transferable vote from amongst persons not connected with the Vishwavidya- laya or a college and the third shall be nominated by the Kulapati. The Kulapati shall appoint one of the three persons to be the Chairman of the committee.

(3) For constituting the committee wnder sub- section (2), the Kulapati shall, four months before the expiry of the term of the Upa Kulapati, eall upon the Karyakarini Samiti to choose its nominees and if it fails to do so within one month of the receipt of the Kulapati's communication in this regard, the Kulapati may nominate any two persons and the per- sons so nominated shall be deemed to be the persons appointed by the Karyakarini Samiti.

(4) The committee shall submit the panel within one and a half month from the date of its constitution.

5) If the committee fails to submit the panel within the term specified in sub-section (4), the Kulapati may appoint any person whom he deems fit to be the Upa Kulapati.

(6) Every appointment including an appointment in a casual vacancy to the office of Upa Kulapati shall be for a period of three years and the same person shall not be eligible for appointment to the office of Upa Kulapati for more than two terms :

Provided that notwithstanding anything contained in this section the Upa Kulapati shall continue to hold office until his suecessor is duly appointed and enters upon his office, but this period shall not exceed six months.

12

THE ACT ll _ (7) Subject to the provisions of this Act, the Upa Kulapati shall hold offiee on the terms and ¢onditions and emoluments laid down im the Statutes.

(8) In the event of the occurrence of any vacancy in the office of the Upa 'Kulapati by reason of his death, resignation or otherwise, the yacainey shall be filled as early as practicable in the manner laid down in sub-section (1) :

Provided that in the case of a casual vacancy oecurring in the office of the first Upa Kulapati within the first. years, the vacancy shall be filled by appownt- ment by the Kulapati and the person so appointed shall, notwithstanding anything contained in sub- section (6), hold office for the unexpired portion of the term of the first Upa Iulapati.

13. (1) The Upa Kulapati shall be the principal executive and aeademie officer of the Vishwavidyalaya and shall, in the absence of the Kulapati, preside at meetings of the Vishwavidyalaya Sabha and at any Deekshanta Samaroha (Convocation) of the Vishwa- vidyalaya- He shall be an ex-officio member and Chairman of the Karyakarini Samiti and of the Shiksha Samiti and shall be entitled to be present and to speak at any meeting of any authority or other body of the Vishwavyidyalaya, but shall not be entitled to vote thereat unless he is a member of the authority or body concerned.

(2) it shall be the duty of the Upa Kulapati to see that this Act, the Statutes and the Ordinances are faithfully observed, and he shall have all powers necessary tor this purpose.

(3) The Upa, Kulapati shall have power to coni- vene mectines of the Vishwavidyalaya Sabha, the Karyakarini Samiti and the Shiksha Samiti.

(4) If, in the opinion of the Upa Kulapati any emergency has arisen which requires that immediate Powers and

duties of

Upa

Kulapati.

15

Ie Adhys- charya.

12 I. K. 8 V. CALENDAR

action should. be taken, the Upa Kulapati shall take such action as he deems necessary and shall report the same at the next ,meeting to the authority which in the ordinary course would have dealt with the matter :

Provided that the action taken by the Upa Kula- pati shall not commit the Vishwavidyalaya to any recurring expenditure for a period of more than three months.

(5) The action taken by the Upa Kulapati shall he deemed to be the action taken by the appropriate authority until it is set aside by such authority after considering the report made by the Upa Kulapati under sub-section (4).

(6) The Upa Kulapati shall exercise general con- trol over the affairs of the Vishwavidyalaya and shall sive effect to the decisions of the authorities of the Vishwavidyalaya,

(7) The Upa Kulapati shall exercise such other powers as may he preseribed by the Statutes and the Ordinances.

14. (1) In the event of the appointment of the Adhyacharya being made, he shall be appointed by the Kulapati in consultation with the Upa Kulapati.

(2) The term of office of the Adhyacharya shall be three year's, but he shall be eligible for re-appoint- ment.

(3) Subject to the provisions of this Act, the Adhyacharya shall hold office on the terms and condi- tions laid down in the Ordinances.

(4) The Adhyacharya shall be an ex-officio member of the Vishwavidyalaya Sabha, of the Karyakarini Samiti and of the Shiksha Samiti, and shall perform such duties and exercise such powers of the Upa Kula- pati as may be assigned to him by the Kulapati in con- sultation with the Upa Kulapati and he shall perform

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THE ACT 18

such other duties and exercise such other powers as may be preseribed by Ordinanees. y

15- (1) When the office of the Upa Kulapati is Powers and vacant or the Upa Kulapati is unable to discharge his duties of functions owing to absence, illness or any other cause, पक the Adhyacharya shall perform the functions of कील. Upa Kulapati till the time the Upa Kulapati is appointed or resumes his duties, as the case may he.

(2) When the Upa Kulapati and the Adhyacharya are in the opinion of the Kulapati both unable to perform the functions of the Upa Kulapati owing to absence, illness or any other cause, the Kulapati shall nominate any member of the Karyakarini Samiti to perform the funetions of the Upa Kulapati till the time the Upa Kulapati or the Adhyacharya resumes duties.

(3) All aets done by the Adhyacharya wnder sub- section (1) or by the person nominated under sub- section (2) shall be deemed to be aets done by the Upa Kulapati.

16. (1) There shall be a Koshadhyaksha who The Kosha- shall be appointed by the Kulapati and he shall hold dhyaksha. office on such conditions and for such period, and shall receive such remuneration, if any, from the funds of the Vishwavidyalaya, as may be prescribed by the Statutes.

(2) Where any temporary vacaney in the office of Koshadhyaksha occurs by reason of leave, illness or other cause, the Kulapati shall nominate any member of the Karyakarini Samiti to perform the functions of the Koshadhyaksha till the Koshadhyaksha resumes his duties.

(3) The Koshadhyaksha shall exercise general supervision over the funds of the Vishwavidyalaya and shall advise in regard to its financial policy.

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Removal of Upa Kulapata.

14 1. EK. 8. V. CALENDAR

(4) He shall be an ex-officio member of the Vishwavidyvalaya, Sabha, of the Karyakarini Samiti and of the Shiksha Samiti and shall, subject to the control of the Karyakarini Samiti, manage the pro- perty and. investments of the Vishyavidyalaya. Te shall also be the Conyenor-memher of the Vitta Samiti and shall be responsible for the presentation of the annual estimates and statement of accounts.

(5) Subject to the powers of the Vitta Samiti and the Karyakarini Samiti, he shall be responsible for seeing that all moneys are expended on the purpose for which they they are granted or allotted-

(6) Unless otherwise provided for under this Act, all contracts shall be signed by the Kosha- dhyaksha on behalf of the Vishwavidyalaya.

(7) He shall exercise such other powers as may be conferred on him by the Statutes and the Ordinances.

17. (1) Any member of the Vishwavidyalaya Sabha-may, at least twenty-four hours before the time fixed for the commencement of a meeting of the Vishwavidyalaya Sabha, deliver to the Kul-Sachiva a written notice of his intention to move at the meeting. of the Vishwavidyalaya Sabha a motion of no-confidence against the Upa Kulapati on the ground of mishehaviour or incapacity together with 8 copy of the motion containing: particulars of mis- behaviour or incapacity, as the case may be. proposed to be moved,

(2) At the commencement of the meeting of the Vishwavidyalaya Sabha, the, Presiding Officer shall read the notice and the text of the proposed moiton delivered under sub-section. ( 1) and eall upon the members of the Vishwavidyalaya Sabha who are in oe of the motion being discussed to rise in their seats.

(8) If not less than forty per cent of the total number of members of the Vishwavidyalaya Sabha

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THE ACT 15

on the date on which notice was given rise in their seats, the Presiding Officer shall immediately fix for the discussion of such motion a date which shall not be more than five days from that day.

(4) The Upa Kulapati shall not preside at the meeting at which discussion of such motion shall take place but shall he entitled to speak and take part in the debate.

(5) No such, motion shall be deemed to have been passed unless majority of not less than two-thirds of the total membership of the Vishwavidyalaya Sabha on the date of notice, votes in favour of the motion.

(6) On sueh a motion being passed, the Kulapati shall pass an order terminating the appointment of the Upa Kulapati.

(7) The Upa Kulapati shall not be removed from office exeept in aecordanee with this section.

18. The Kula-Sachiva shall be a whole-time officer and shall act as the Secretary of the Vishwavidya- laya eee of the Karyakarini Samiti, of the Shiksha Samiti and of the Vitta Samiti. He shall exercise such powers and perform such duties as may be con- ferred or imposed on him by the Statutes, the Ordi- nanees and the Reenlations.

19. The powers and duties of other persons as may be declared to be officers of the Vishwavidyalaya im pursuance of item (8) of section 9 shall be such as may he preseribed by the Statutes and the Ordinances.

20. The following shall be the authorities of the Vishwavidyalaya :—

(1) the Vishwavidyalaya Sabha.

(2) the Karyakarini Samiti.

(3) the Shiksha Samiti, The Kula-

Sachiva.

Powers and

tluties of

other

officers.

Authori-

ties of

Vishwa-

vidyalaya.

19

The power and duties of Vishwa- vidyalaya Sabha.

Meetings of Vishwa- vidyalaya Sabha.

16 I. K. 8. V. CALENDAR

(4) the Vitta Samiti.

(5) the Vidyanganikayas (Faculties) and

(6) such other authorities as may be preseribed by the Statutes to be the authorities of the Vishwavidyalaya.

21. The Vishwavidyalaya Sabha shall be the supreme authority of the Vishwavidyalaya and shall have the power to vevise the acts of the Karyakarmi Samiti and the Shiksha Samiti and shall exercise all the powers of the Vishwavidyalaya for the exercise of which no specific provision has been made in this Act.

22. (1) The Vishwavidyalaya Sabha shall, on a date in December or January to be fixed by the Upa Kulapati unless some other date has been fixed by the Vishwavidyalaya Sabha in respect of any year, meet onee a year at a meeting to be called the annual meeting of the Vishwavidyalaya Sabha.

(2) A meeting of the Vishwavidyalaya Sabha fixed by the Upa Kulapati under sub-section (1) shall not he cancelled or postponed by the Upa Kulapati but the Kulapati may, for sufficient cause, postpone the meeting to any date not later tham fifteen days from the day originally fixed by the Upa Kulapati-

(3) The Upa Kulapati may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than one-fifth members of the Vishwavidya- laya Sabha, convene a special meeting of the Vishwa- vidyalaya Sabha within forty-five days of the reecipt of such a requisition.

(4) If the Upa Kulapati fails to convene a special meeting within the period specified in sub-section (3), the Kula-Sachiva shall forthwith forward the requi- sition for the meeting to the Kulapati for his orders and the Kulapati shall fix a date for the convening of the meeting which will not be later than the sixtieth day from the date of the receipt of the requisition,

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THE ACT 17

(5) If no date is fixed by the Upa Kulapati for the annual meeting in accordance with sub-section (1), it shall be held on the third Monday of February and the Kula-Sachiva shall give notice for such a meeting.

(6) When a date has been fixed for the meeting of the Vishwavidyalaya Sabha by the Vishwavidya- laya Sabha under sub-section (1) or by the Kulapati under sub-section (2) or where it has become necessary to hold a meeting in accordance with the provisions in sub-section (5), the Kula-Sachiva shall vive notice to the members of the Vishwavidyalaya Sabha, for such a meeting; but notwithstanding any- thine to the contrary in the Statutes, Ordinances or Regulations, the validity of any such meeting shall not be challenged on the ground of insufficiency of the notice or any other irregularity im issuing it.

23. (1) The Karyakarini Samiti shall be the executive body of the Vishwavidyalaya.

(2) The Karyakarini Samiti —

(a) shall direct the form, custody and use of the common seal, of the Vishwavidyalaya; (hb) shall hold, control and administer the pro- perty and funds and shall make contracts on behalf of the Vishwavidyalaya;

(९) shall have poper, subject to the Statutes, to transfer and accept transfer of any moveable or immoveable property on behalf of the Vishwavidyalaya;

Provided that no transfer of immoveable property shall be accepted or made without the pre- vious sanction of the Kulapati

(d) shall, subject to the provisions of this Act, manage and regulate the finances, accounts and investments of the Vishwavidyalaya; The Karya-

karini

Samiti.

21

THE AcT 19 vidyalaya and, shall define their duties and the conditions of their service, and _ shall provide for the filling of temporary vacancies in their posts;

(n) shall publish the results of the Vishwavidya- laya examinations;

(0) may delegate by Regulations its power to make contracts and to appoint officers, teachers and others and other servants of the Vishwavidyalaya to such person or authority as it may determine;

(p) shall, subject to the powers conferred by this Act on other authorities of the Vishwa- vidyalaya, regulate, determine and adminis- ter all matters concerning the Vishwa- vidyalaya and, to this end, shall exercise such other powers and perform such other duties as may be eonferred or imposed on it by this Act or the Statutes, and shall with- out prejudice to the power conferred, on the Vishwavidyalaya Sabha under section 21, exercise all other powers of the Vishwa- vidyalaya not otherwise provided for by this Act or the Statutes.

24. The Shiksha Samiti shall be the academic The Shiksha body of the Vishwavidyalaya, and shall, Sa™#- 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 instrue- tion, edueation and examination within the Vishwavidyalaya and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes for that purpose. It shall have the right to advise the Karyakarini Samiti on academic matters,

23

The Vitta Samiti. Powers and duties of authorities of Vishwa- yidyalaya. Annual

aecounts amt

financial estimates. The Vidy- angani-

kayas

(Faculty). 20 1. EK. &. V, CALENDAR

95. (1) The Vitta Samiti shal] deal with the finances of the Vishwavidyalaya and shall have the following powers :—

(a) to examine accounts and proposals for ex- penditure;

(b) to comment on the annual accounts and the financial estimates of the Vishwavidyalaya; (९) to fix limits for the total recurring expendi- ture 'for the year, based on the resources of the Vishwavidyalaya which in the case of productive works, may include the proceeds of loans. No expenditure shall be incurred by the Vishwavidyalaya in excess of the limit so fixed without the previous approval of the Vitta Samiti.

(2) No expenditure other than that provided for in the budget shall be incurred by the Vishwavidya- laya without the previous approval of the Vitta Samiti.

26. Subject to the provisions of this Act, the constitution, powers and duties of the authorities of the Vishwavidyalaya shall be preseribed by the Statutes.

27. The annual accownts and the financial esti- mates shall be considered by the Vishwavidyalaya Sabha at its annual meeting and the Vishwavidyalaya Sabha may pass resolutions with reference thereto and communicate the same to the Karyakarini Samiti which shall take them into consideration, and take such action thereon, as it thinks fit. 28, (1) The Vishwavidyalaya shall have the Vidyanganikayas (Faculties) of Music and of Painting and may, by Statutes, establish Vidyangan!. kayas (Faculties) of Danee, Dramaturgy, Seulpture and such other Vidyanganikayas (Faculties) 88 may be considered necessary.

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Vishwa. vidyalaya Boards. Statute.

99 1. K. 8. V. CALENDAR

—_—_——_ $s

kaya (Faculty) shall act as the Head of such Depart- ment.

(5) The terms and conditions of appointment, duties and functions of the 'Head of the Department shall be preseribed by the Ordinances.

VISHWAVIDYALAYA BOARDS

30. (1) The Vishwavidyalaya shall constitute two Boards called the Residence and Discipline Board and the Physical Welfare and Health Board and may constitute such other Boards as may be prescribed by the Statutes.

(2) The constitution, powers and duties of the Residence and Discipline Board, the Physical Welfare and Health Board and all other Boards of the Vishwavidyalaya shall be such as may be prescribed by the Ordinances.

STATUTES, ORDINANCES AND REGULATIONS

31. Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely :—

(a) the constitution, powers and duties of such bodies as it may be deemed mecessary to constitute from time to time;

(b) the manner of election or appointment and the term of office of the members of the bodies referred to in clause (a), including the continuance in the office of the first members, and filling of vacancies of mem- bers, and all other matters relating to those bodies for which it may he necessary or desirable to provide ;

(९) the appointment, powers and duties of the officers of the Vishwavidyalaya ;

(d) the constitution of a pension or provident fund and the establishment of an insurance

26

24 I, 7. 8. V. CALENDAR

pass the Statute or reject'it or return it to the Karyakarini Samiti for reconsideration either in whole or in part, together with any amendments which the Vishwavidyalaya Sabha may suggest :

Provided that the Karyakarini Samiti shall not propose the draft of any Statute or of any amend- ment of a Statute affecting the powers or consti- tution of any existing authority of the Vishwa vidyalaya until such authority has been given an opportunity 01 expressing an opinion upon the pro- posal, and any opinion so expressed shall be in writing aa shall he considered by the Vishwavidyalaya Sabha.

(4) After any draft returned under sub-section (3) has been further considered by the Karyakarini Samiti together with any amendment suggested by the Vishwavidyalaya Sabha, it shall be again presented to the Vishwavidyalaya Sabha with a report of the Karyakarini Samiti thereon and the Vishwavidyalaya Sabha may then deal with the draft in any way it thinks fit.

(5) Any member of the Vishwavidyalaya Sabha may propose to the Vishwavidyalaya Sabha the drait of any Statute and the Vishwavidyalaya Sabha may either reject the proposal or refer such draft for consideration to the Karyakarini Samiti which may either reject the proposal or submit the draft to the Vishwavidyalaya Sabha in such, form as the Karya- karini Samiti may approve, and the provisions of this section shall apply in the ease of a draft 80 submitted as they apply in the case of a draft proposed to the Vishwavidyalaya Sabha by the Karyakarini Samiti.

(6) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the previous approval of the Kulapati who may sanction, disallow or remit it for further consi- deration.

28

THE ACT 27

effect, by a majority of two-thirds of members present and voting, from the date of such resolution.

35. (1) Notwithstanding anything contained in sub-section (1) of section 34, no Ordinance shall be made —

(a) affecting the conditions of residence or discipline of students; or

(b) affecting the admission or enrolment of students or prescribing examinations to be recognised as equivalent to the Vishwa- vidyalaya examinations; or

(९) affecting the conditions, mode of appoint- ment or duties of examiners or the conduct or standard of examinations or any course of study;

unless a draft of such Ordinance has been proposed by the Shiksha Samiti.

(2) The Karyakarini Samiti shall not have power to amend any draft proposed hy the Shiksha Samiti under the provisions of clauses (0) and (७) of sub- section (1) but may reject the proposal or return the draft to the Shiksha Samiti for reconsideration, either in whole or in part, together with any amend- ments which the Karyakarini Samiti may suggest.

(8) After any draft returned under sub-section

(2) has been further considered by the Shiksha Samiti together with any amendment suggested by the Karyakarini Samiti, it shall be again presented to the Karyakarini Samiti with a report of the Shiksha Samiti thereon and the Karyakarini Samiti may then oe with the draft in such manner as it may think fi

(4) Where the Karyakarini Samiti has rejected the draft of an Ordinance proposed by the Shiksha Samiti, the Shiksha Samiti may appeal to the Kulapati and the Kulapati may by order direct - Procedure

regarding

Ordinances.

31

Regula- tions,

28 I. KS. V. CALENDAR

that the proposed Ordinance shall be laid before the next meeting of the Vishwavidyalaya Sabha for its approval and may also direct that'it shall have effect trom such date as may be specified in the Order pending such approval.

(5) The resolution of the Vishwavidyalaya Sabha accepting or rejecting the Ordinance shall be final and shall have effect from the date of the passing of the resolution.

36. (1) The authorities and other bodies of the Vishwavidyalaya may make Regulations consistent with this Act, the Statutes and the Ordinances —

(a) laying down the procedure to be observed. at their meetings and the number of members required to form a quorum;

(b) providing for all matters which by this Act, the Statutes or the Ordinances are to be pre- seribed by Regulations; and

(०) providmeg for all other matters solely con- cerning such authorities or the committees appointed by them and not provided for by this Act, the Statutes or the Ordinances.

(2) Every authority and body of the Vishwavidya. laya shall make Regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings, and for keeping of a record of the pro- ceedings of meetings,

The Karyakarini Samiti may modify or annul any Regulation made under this seetion by any authority or body other than the Vishwavidyalaya Sabha - Provided that any authority or body of the Vishwavidyalaya which is not satisfied. with any such modifieation or annulment may appeal to the Vishwa- vo Sabha whose decision in this matter shall ९ final,

32

THE ACT 29

37. Notwithstanding anything in section 32, 34 and 36, the first Statutes, Ordinances and Regulations shall be drawn up by a Committee consisting of the Upa-Kulapati, one person nominated by the Kulapati and one person 'nominated by the State Government. These first Statutes, Ordinances and Regulations shall come into foree on such date as the Kulapati may clirect.

38. (1) The hostels shall be such as may be main- tained by the Vishwavidyalaya or recognised by the Karyakarini Samiti in accordance with the provisions of the Statutes.

(2) The wardens and the superintending staff of the hostels shall be appointed in the manner prescrib- ed by the Statutes.

(3) The conditions of residence in the hostels shall be prescribed by the Ordinances, and every hostel shall be subject to inspection by any member of the Residence and Discipline Board or the Physical Welfare and Health Board authorised in this behalf by the Board and by any officer of the Vishwavidya- laya or other person authorised in this behalf by the Karyakarini Samiti.

(4) The Karyakarini Samiti shall have power to suspend or withdraw the recognition of any hostel which is not conducted in accordance with the condi- tions prescribed hy the Statutes.

39. (1) The accounts of the Vishwavidyalaya shall atleast once in every year at intervals of not more than fifteen months, be audited by the Accountant- General of the State.

(2) The aeeounts, when audited, shall be published in the Gazette and a eopy of the accounts together with; the audit report shall be submitted by the Karyakarini Samiti to the Vishwavidyalaya Sabha and the State Government:

Committee

to draw up

first Sta-

tutes, Ordi-

nances and

Regulations

Hostels.

Audit of

accounts,

33

30 I. K. 8. V. CALENDAR

SUPPLEMENTARY PROVISIONS

Disputes as 4(. If any question arises whether any person to co देय has been duly elected or appointed as, or is entitled ee to be, a member of any authority or other body of vidyalaya the Vishwavidyalaya, the matter shall be referred to authorities the Kulapati whose decision thereon shall be final. and bodies.

Constitu- 41. Where any authority of the Vishwavidyalaya tion of —is given power by this Act or the Statutes to appoint committee. "ommittees, such committees shall, save as otherwise provided, consist of members of the authority con- cerned and of such other persons, if any, as the authorities in each case may think fit.

Filling of 42. All casual vacancies among the members other casual | than ex-officio members of any authority or other vacancies: 'hody of the Vishwavidyalaya shall be filled, as soon as conveniently may be, by the person 0" body who

appointed, elected or co-opted the member whose place has become vacant, and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member,

Proceedings 43. No act or proceedings of any authority or ore गा other body of the Vishwavidyalaya shall be invali- vithorizies Gated on account of any vacancy in the membership and bodies 07 any defect in the election, nomination or appoint- not invali- ment of any member of any authority or body of ee, the Vishwavidyalaya or any defect or irregularity in vaganaes- any such act or proceeding not affecting the substance. Conditions 44. (1) Every salaried officer and teacher of of service. the Vishwavidyalaya shall be appoimted under a written contract which shall he lodged with Vishwa- vidyalaya and a copy thereof furnished to the officer or teacher concerned,

=

34

THE Act $1

(2) Any dispute arising out. of a contract between the Vishwavidyalaya and any of its officers or teachers shall at the request of the officer or the teacher concerned or at the instanee of the Vishwavidyalaya, be referred by the Kulapati to a tribunal of arbitra- tion consisting of one member appointed by the Karyakarini Samiti, one member nominated by the officer or teacher concerned, and an umpire appointed by the Kulapati and the decision of the tribunal shall be final.

45. (1) The Vishwavidyalaya shall constitute, for the benefit of its officers, teachers, clerical staft and servants, in sueh manner and subject to such conditions as may be prescribed by the Statutes, such pension, insurance and provident fund as it may deem fit.

(2) Where any such pension, insurance or provi- dent fund, has been so constituted 'or where any such pension, insurance or provident fund has been con- stituted by a college under rules which have been approved by the State Government, the State Goy- ernment may declare that the provisions of the Pro- vident Funds Act, 1925, shall apply to such fund as if it were a Government Provident Fund.

46. All aets and erders bonafide done and passed by the Vishwavidyalaya shall be final and ग0 suit shall be instituted or damage claimed for anything done or omitted, in pursuance of the Act, Statutes, Ordinances and Regulations.

47, (1) The first Upa-Kulapati shall have powers for a period one year from the date of his appoint- ment —

(a) with the previous approval of the Kulapati to make additional Statutes for any matter not provided for by the first Statutes; Pension

and Provi.

dent Funds.

XTX of

1986.

Protection of acts and orders.

Extra-

ordinary powers of first Upa- Kulapati.

35

$2 1. K. 8. V. CALENDAR

(b) to constitute provisional authorities and bodies, and on their recommendations to make rules providing for the conduct of the work of the Vishwavidyalaya;

(0) subject to the control of the State Govern- ment, to make such financial arrangements as may be necessary to enable this Act or any part thereof to he brought into opera- tion;

(d) with the sanction of the Kulapati to make such appointments as may he necessary to enable this Act or any part thereof to be brought into operation ;

(e) with the previous sanction of the Kulapati to appoint committees, as he may think fit, to discharge such of his functions as he may direct; and

(f) generally to exercise all or any of the powers conferred on the Karyakarini Samiti by this Act or the Statutes.

(2) Anyi orders passed by the Upa-Kulapati in exercise of the powers conferred by items (9), (d) and (e) of sub-section (1) shall cease to have effect after the expiry of the period of one year from the date of appointment of the Upa-Kulapati. Appoint- 48. No person shall be appointed by the Karya- ment of karini Samiti as a teacher of the Vishwavidyalaya teachers = : =

by Karya- paid by the Vishwavidyalaya except on the recom- et mendation of a Selection Committce constituted for Samiti. the purpose in accordance with the provisions of the Statutes.

Salaries of 49. The payment of salaries to the teachers of the teachers. Vishwavidyalaya shall be in accordance with scales fixed by the Karyakarini Samiti by Ordinances with the prior approval of the State Government,

36

THE ACT 33

50, No person shall impart instruction in the Vishwavidyalaya or in any college unless such persons possesses the qualifications laid down by the Shiksha Samiti in that behalf im the Ordinance. A person shall be qualified to impart instruction only in the subject or subjects and up to the standard for which his teaching has been approved by the Shiksha Samiti.

51. (1) The Professors and the Readers, respec- tively, shall be of two classes, namely :—

(i) appointed Professors and Readers; and

(ii) recognised Professors and Readers.

(2) Appointed Professors and Readers shall he either —

(i) servants of the Vishwavidyalaya paid by the Vishwavidyalaya and appointed by the Karyakarini Samiti as Professors or Readers, or

(ii) persons appointed by the Karyakarini Samiti as Honorary Professors or Readers for their scholarship and high intellectual attain- ments.

(8) Recognised Professors and Readers shall be such members of the staff of colleges not maintained by the: Vishwavidyalaya as may be recognised by the Karyakarini Samiti as Professors or Readers in accordance with the provisions made in this behalf in the Ordinances.

52- (1) Where, in accordance with this Act, any person is to hold an office or be a member of an authority by rotation according to seniority shall be determined in aceordance with the Statutes.

(2) Whenever any person becomes a member of any authority by virtue of the 'office held by him, he shall forthwith eease to be a member of such authority Approval

for impart-

ing instruc-

tion.

Professors

and

Readers.

Term of

office of

member

or autha-

rity of

Vishwa-

vidyalaya.

37

THE FIRST STATUTES 41

(2) All members appointed under (c) above shall hold office for a term of two years.

(3) It shall be the duty of a department of studies to make recommendations to the Vidyanganikaya regarding :-—

(i) Syllabuses for subjects of instructions,

(ii) the names of persons suitable to be appointed examiners in the subjects assigned to the department of studies,

(iii) such other matter as may he reterred to it by the Vidvanganikaya,

STANDING COMMITTEES.

8. Subject to the provisions of the Act and the Statutes, any authority of the Vishwavidyalaya may from time to time, appoint such and so many standing committees or sub-committees or boards as it may deem fit and may if it deems fit appoint to them, persons who are not members of such authorities. Such com. mittees or boards may deal with any subject dele- sated to them subject to subsequent confirmation by the authority appointing them.

9. Salary and allowances of the Upa Kulapatt :—

(a) The Upa Kulapati shall receive a monthly salary and other allowances and facilities as may be determined at the time of his appointment and from time to to time.

(0) The Upa Kulapati shall be whole time officer of the Vishwavidyalaya.

(०) The Upa Kulapati shall be entiled to receive travelling allowances and daily allowances at such rates as may be preseribed by the Ordinances,

10. Koshadhyaksha:—

(1) The Koshadhyaksha shall be an honorary Officer,

(2) The term of his office shall be 3 years. Standing

Committ-

ees.

Upa

Kulepati.

Koshadhy-

aksha.

45

Kula Sachiva.

I. EK. 8. ४. CALENDAR

11. Kula Sachiva:—

(1) The Kula -Sachiva shall be the ex-officio Secretary to the Vishwavidyalaya Sabha, Karya- karini Samiti, Shiksha Samity, the Vitta Samiti and the Vidyanganikaya, but shall not be deemed to be member of any of these authorities,

(2) He shall draw pay as may be determined at the time of his appointment and from time to time.

(3) It shall. be the duty of the Kula Sachiva :— (a)

(b)

(०)

(0)

(९)

(1)

to be the custodian of 'records, common seal and such other properties as the Karya- karini Samiti shall commit to his charge, to issue all notices convening meetings of the Vishwavidyalaya Sabha, the Karya- karini Samiti, the Vidyanganikaya, the Departments of Studies, the Boards of Examiners and of any committee appointed by the authority of the Vishwavidyalaya, to keep the minutes of all the meetings of the Vishwavidyalaya Sabha, the Karya- karini Samiti, the Shiksha Samiti, the Vitta Samiti, the Vidyanganikaya and any committee appointed by the authority of the Vishwavidvalaya;

to conduct all correspondence relating to the Vishwavidyalaya:

to arrange for the conduct and superinten- dence of examinations of the Vishwavidya- laya;

to supply the Kulapati copies of the Agenda of the meetings of the authorities of the Vishwavidyalaya as soon as they are issued and the minutes of the meetings of the autho- rities ordinarily within a month of the holding of the meeting and such other papers and information as the Kulapati may direct him to furnish from time to time;

46

THE FIRST STATUTES 43

(9) to perform snueh other duties as may from time to time be prescribed to him by the Karyakarini Samiti or by the Statutes, Ordinances and the Regulations and render such assistance as may he desired by the Upa Kulapati in the performance of official duty ;

(4), The Kula Sachiva shall have power, subject to the control:of the Upa Kulapati, to appoint, suspend, dismiss or otherwise punish the clerical and the menial staff of the Vishwavidyalaya offiee. Action taken in the exercise of this power shall be reported to the Karyakarini Samiti at its next meeting

12. The following shall also be the officers of the Vishwavidyalaya, viz. —

(1) The Upa Kula Sachiva,

(2) The Sahayak Kula Sachiva,

(3) The Librarian, and

(4) The Physical Welfare Officer.

13. Duties of the Upa Kula Sachiva:— ubject to any special directions made. a

a धाम का in this behalf the Upa Kula Sachiva shall be responsible for the arrangements conne cted

with the conduct of the terminal and annual promo-

tion examinations of the Teaching Departm ents of

the Vishwavidyalaya including the paper p rinting

and issue of examination papers and all other matters

connected therewith.

(2) (i) Subject to any general or special order

"Which the Karyakarini Samiti may p ass In

the matter, the Upa Kula Sachiva shall assist

the Kula Sachiva in the disc harge of the

duties that are imposed upon the K ula

Sachiva under the Act,

Officers

of the

Vishwavi-

dyalaya.

Duties of

the Upa

Kulasachi-

va.

47

THE FIRST STATUTES 45

(ii). Tha Upa Kulapati or in his absence the Adhyacharya, if any, shall preside at the meeting of the Selection Committee.

(iii) The! meeting of the Selection 'Committee shall be convened by the Upa Kulapati or in his absenee by the Adhyacharya.

(iv) The Selection Committee shall consider and submit to the Karyakarini Samiti reeom- mendations as to the appointment referred to it. If the Karyakarini Samiti is unable to aecept the recommendations made by the committee it shall record its reasons and submit the ease to the Kulapati for final orders.

15. Seniority :—

(1) For the purpose of the Act and the Statutes the Seniority of the Principal, Professor, Reader, Lecturer and' such other persons as may be necessary shall be determined in accordance with:—

(a) The length of service of such persons in the erade or post in the Vishwavidyalaya or any other University established under any Central or States Act:

Provided that for the purpose of seniority the lensth of service shall be deemed to be inelusive of the period of service, in tha respective grade of post of such teachers in, the colleges prior to their admi- ssion to the privileges of the Vishwavidyalaya.

(b) Such other principles as the Karyakarini Samiti may, by ordinance prescribe.

(2) It shall be the duty of the Kula Sachiva to prepare and maintain in respect of each class of per- sons mentioned in sub-clause (1) a complete and up-to-date seniority list. im accordance with the follow- ing provisions,

Seniority.

49

4G I, K. & V. CALENDAR

(3) In the month of October in each Calendar Year the Kula Sachiva shall prepare four separate lists showing seniority, Inter-Se of Principals, Pro- fessors, Readers and Leeturers respectively and pub- lish the said lists for objection by persons whose names are included.

(4) The publication of the list for objection shall be made on or before the Ist day of December succeeding and the publication shall be eaused by forwarding: two copies of the said lists to each, college for displaying one copy on the Notice Board of the college concerned and the other copy for making it available for reference to the members of the' staff of the college. The Kula Sachiva! shall also publish the said. lists by exhibiting them 01 the notice board of his office.

(5) Any Principal, Professor, Reader or LLec- turer who feels aggrieved by any entry made in the said list may within one month from the date of the publication of the list on the notice board of the college, file an objection on such form as may be preseribed by the Karyakarini Samiti,

(6) The Upa Kulapati shall appoint before the Ist day of December each year a committee consisting or a member elected by the Karyakarini Samiti for this purpose from time to time and two Principals for dealing with objections that may be filed to the seniority list. ४

(7) The Kula Sachiva shall correct the list in the light, of the decisions given, by the committee and publish the same not later than. the 31st day of January of the following Calendar Year.

(8) The list so published shall finally remain in foree from the first day of February following to the 31st of January in the next Calendar Year.

50

48 I. EK. 8 ए. CALENDAR

(d) the arrangement for the residence, welfare, discipline and supervision of its students;

(e) and such other matters as are essential for the maintenance of a proper stan- dard of education, and

(iii) No college or institution shall be admitted to any privileges of the Vishwavidyalaya except on the recommendation of the Shiksha Samiti made after considering the report of the committee of inspection appointed for the purpose by the Shiksha Samiti. %,

(2) Every college shall. be inspected from time to time, but at least once every three years, by a committee appointed by the Shiksha Samiti and) the report of that eommittee shall be submitted to the Shiksha Samiti, which shall forward the same to the Karyakarini Samiti with such recommendations as it may deem fit to make. The Karyakarini Samiti after considering the report and recommendation, if any, of the Shiksha Samiti, shall' forward a copy of the report to the managing committee concerned or the Government, if the college is maintained by the Government with such remarks if any, as it may deem fit for suitable action.

(3) The Karyakarini Samiti may after consulting the Shiksha Samiti, withdraw any privilege granted to a college from the close of academie session during which such a decision is taken if at any time it con- siders that the college is not fulfilling the requisite condition; provided that before any privilege|s is|are So withdrawn the managing body or the Government, if the college is run by the Government, shall be given an opportunity to represent to the Karyakarini Samiti why such action! should not be taken, ; (4) The Ordinanee may preseribe the procedure or admission of colleges and institutions to the privi-

52

THE FIRST STATUTES - 51 (vy) to compare the courses of Indira Kala Sangeet Vishwavidyalaya with those of the other Universities and Institutions in India and abroad and send recommendations, if any, to the Department of Study concerned for guidanee.

(vi) to propose Drafts of Ordinances and Statutes to the Shiksha Samiti subject to the provisions of the Act.

(vii) to express its opinion on anv ordinance framed by the Shiksha Samiti and adopted by the Karyakarini Samiti if a reference is made to the committee by any authority of the Vishwayidyalaya for clarification andlor opinion. The clarification andlor opinion shall be reported in each ease to the Shiksha Samiti and to the Karyakarini Samiti for their guidance.

(viii) to prepare drafts or ammendments to exist- ing Orninances and Statutes subject to the provisions of the Act, if in the opinion of the committee such ammendments are neces- sary. These drafts proposals shall be sub- mitted to the Karvakarini Samiti for its approval through the Shiksha Samiti.

(ix) to dispose.of other matters reterred to 1b by the authorities of the Vishwavidyalaya, sub- ject. to provisions of the Act, Statutes and Ordinances. In every ease the matter shall he reported to the Shiksha Samiti.

19. Rules regulating Services of Ministerial Em- ployees —

(1) All appointments to the ministerial staff except in the office of the Upa Kulapati shall be made by the Kula Sachiva provided that no such appoint- ment shall be made until financial provision has been made therefor and the post has been created,

55

52 i. EK, 8, V. CALENDAR

(2) Appointment shall be made on probation for a period of 6 months in the first instance. The period of probation may be extended by such further periods as the appointing authority may deem fit, but in no ease the total period of probation shall exeeed two years.

(3) On the report of the Kula Sachiva, at the end of the probationery period the Karyakarini Samiti may confirm any member of the ministerial staff in the permanent service of the Vishwavidyalaya from the date of expiry of the probationary period.

(4) Seniority of services shall eount, according to the date of confirmation.

(5) Inerements shall be granted as and when fall due, except in cases where they are withheld as a measure of punishment,

(6) Casual leave may be granted by the Head of the Department or Office according to easual leave rules obtaining in M.P. Government Service.

(7) Rules regarding punishment obtaining in the case of ministerial services in the M.P. State will apply mutatis mutandis.

(8) Unless the contrary is specifically laid down the serviees of the ministerial servants of the Vishwa- vidyalaya shall be governed by the provisions con- tained in Fundamental Rules for the time being in foree for Government Servants in M.P.

(9) The following shall be considered as members ot the Ministerial Establishment. :— All Store-keepers, Clerks of the Vishwavidyalaya Offices, Steno-typists, Aecountants, Office Superintendents, and Assistant Accountants and such other persons as may he declared by Ordinances as members of the ministerial establishment.

56

THE FIEST STATUTES 53

20. Conditions of service for the Class IV Staff :—

(1) Class IV staff of the Vishwavidvalaya shall be appointed by the Kula Sachiva.

(2) The Class TV staff paid from the contingen- cies :--

(a) Shall be paid wages at the rates prescribed for Government offices by the Collector, Durg,

(b) are not entitled to any leave other than casual leave mentioned in para 3 below.

(3) Casual leave on full pay for a period not exceeding 10 days in a year and medical leave on full average pay for a period not exceeding 15 days in a year on production of a Medical Certificate may be eranted. to the Class IV staff by the Kula Sachiva or the Head of the department as provided:'in the leave rules.

(4) In the special cireumstances and when no other leave is by rule admissible extraordinary leave without pay' for a period not exceeding two months in a year may be granted by the Kula Sachiva..

21. President or Chairman of Meetings:

Subject to the provisions of this Act, where by the Statutes or the Ordinance no provision is made for a President or Chairman to preside over a meet- ing of any Vishwavidyalaya Authority, Board or Committee, or when the President or Chairman, so provided for, is absent. the members present shall elect. one of their number to preside at the meetings.

22. Registration of Graduates:

(1) The following persons are eligible to have their hames enrolled in the register of registered graduates of the Vishwavidyalaya as graduates of the Vishwa- vidyalaya :—

President

or Chairman

of Meetings.

Registra-

tion of

Graduates,

57

Statute relating to Hostels

and their Wardens

and the

Superinten- ding Staff.

54 I. K, 8. V. CALENDAR

(a) Persons not below 18 years of age holding Vid (Bachelor's) Deeree or any other degree higher than Vid Degree (Bachelor's Degree) of the Vishwavidyalaya.

(b) Persons not below 18 years of age and hold- ine degrees recognised by the Vishwavidya- laya as equivalent to Vid (Bachelor or any other higher degrees of the Vishwavidyalaya.

(2) The registration fee shall be Rs. 10|-.

(3) Upon receipt of the application for registra- tion! in the preseribed form, the Kula Sachiva shall, if he finds that the applicant is duly qualified and has paid the, Registration fee, cause the name of the applicant to be entered into the register.

23. (1) All students shall reside in (1) hostels maintained by the Wishwavidyalava, (2) hostels maintained by an affiliated or constituent college in the Vishwavidyalaya, (8) hostels recognised by the Karyakarini Samiti, (4) in lodgings approved 19 this behalf by Principals of Colleges concerned, or (5) with their parents or guardians.

(2) Hostels shall be maintained in accordance with such further conditions as may be preseribed by Ordinances.

(3) In the case of hostels maintained hy Colleges, the Warden and the Superintendent shall be select- ted from amone the teaching staff of the college.

(4) The appointment of Wardens and Superin- tendents of all hostels shall he subject to the approval of the Karyakarini Samiti.

(5) Unless otherwise permitted by the Karya- karini Samiti for special reasons to be recorded, there shall he at least one Warden or Superintendent for every one hundred and fifty students residing in a hostel,

58

i THE FIRST STATUTES bf

24. Vishwavidyalaya Provident Fund:

(1) Every wholetime teacher, officer and other servant of the Vishwavidyalaya, other than one whose services have been lent to the Vishwavidyalaya by (fovernment, permanently appointed to a substantive appointment, shall, as a condition of his service become a depositor in the Vishwavidvalaya Provident Mund.

(2) (i) An officer, teacher or other servant of the (ii)

Vishwavidyalaya who has held a temporary appointment followed immediately, without break of service, by a permanent appoint- ment to a substantive post shall, in respect of such temporary appointment, be deemed to have held a permanent appointment for the purpose of this Statute.

In the ease of an appointment of contract for a period exeeedine three years, the Vishwavidyalaya officer, teacher or servant concerned shall, for the purpose of this Statute, be deemed to have been perma- nently appointed to a substantive post.

8. (i) The subscription of each depositor to the (iii)

fund shall be eight percent on the salary of the depositor. Such subscription shall 10 dedueted monthly from the salary of the depositor and the amount so deducted shall he deposited in the Vishwavidyalaya Provi- dent Fund to the credit of the depositor. An officer, teacher or other servant on Jeave on full pay shall eontinue to pay his subs- eription to the provident fund and may con- tinue to do so, at his option, if on leave on less than full pay.

At the end of every month, the Vishwa- vidyalaya shall, in the ease of each subs- emiber make a contribution at the rate of Vishwi-

vidyalaya

Provident

Fund,

59

56 I. K. & V. CALENDAR ten percent on his salary, and this amount shall be placed to the credit of the depositor.

4. (i) In the case of a depositor who is perma- (i)

(iti)

nently appointed in the Indira Kala Sangeet Vishwavidvalaya service shall make a con- tribution at the rate of 8 percent on his salary exceeding Rs. 200|- per month. In the case of a depositor who is perma- nently appointed in the Indira Kala Sangeet Vishwavidyalaya service and his salary is less than! Rs. 200|- per month shall make a contribition at the rate of six and a quarter per cent on his salary.

A. depositor shall be entitled, upon leaving the service of the Vishwavidyalaya to draw out and receive the whole sum standing to his credit in the Fund, subject to the exeep- tions mentioned below.

(iv) No officer, teacher, or other servant (a) whose services shall have been dispensed with, on account of misconduct, in the opinion of the Karyakarini Samiti or

(b) who has been in service of the Vishwa- vidyalaya for less than three years, (¢) who resions his appointment without the per. mission of the authority that appointed him, shall be entitled to any sum or sums eontri- buted by the Vishwavidyalaya, or any part thereof, or any interest or other profit thereof.

(v) In ease of an officer, teacher or other servant who is engaged on contract basis, vacates his appointment before the completion of eon- tract, + shall be within the diseretion of Karyakarini Samiti to withhold part or whole of any sum or sums standing to his eredit in the fund that have heen contributed by Vishwavidyalaya and any interest or profit thereof.

60

THE FIRST STATUTES 67

5. (1) In ease of illness of the depositor or any member of his family or im such other cases as may! be specified by Regulation made by it in this behalf under paragraph 7, the Karyakarini Samiti may advance to the depositor one-fourth of the sum. to his credit at' the time, subject fo such conditions re- garding repayment as the MKaryakarini Samiti may deem fit to impose.

(ii) Subject to such conditions as may he speei- fied by regulation made by it in this behalf the Karvakarini Samiti may advance to the depositor a sum not exceeding half of the contribution payable by him to the Provi- dent Fund in the financial year in which the sum is paid, to meet payments towards insurance policies approved by the Karya- karini Samiti. Except as specified other- wise by Regulations, such sum shall not be treated as a repayable advance.

6. A depositor may from time to time make a declaration in the form hereto appended stating the name or names of the person or persons to whom he desires to be paid at bis death the amount standing to his credit in the fund, and the said amount shall he paid to such person or persons. On such payment hein made, the Vishwavidyalaya shall be absolved fyom all liability in eonnection therewith. fa i. The Karya Karini Samiti may from time to time make Regulations or issue such general or special directions as may be consistent with this Statute as GOs

(a) the conduct of the business of the Fund,

(0) any matter relating to the Fund or its management, or the investments of sums at the credit of the Fund, or the privileges of the depositors, not herein expressly provided

61

1. K. 85 V. CALENDAR

ten pereent on his salary, and this amount shall be placed to the credit of the depositor.

4. (i) In the case of a depositor who is perma- (iii)

(iv)

(v)

nently appointed in the Indira Kala Sangeet Vishwavidyalaya service shall make a con- tribution at the rate of 8 percent on his salary exeeeding Rs. 200|- per month In the ease of a depositor whaq is perma- nently appointed in the Indira Kala Sangeet Vishwavidyalaya service and his salary is less than) Rs. 200|- per month shall make a contribition at the rate of six and a quarter per cent on his salary.

A depositor shall be entitled, upon leaving the service of the Vishwavidyalava to draw out and receive the whole sum standing to his credit in the Fund, subject to the excep- tions mentioned below

No officer, teacher, or other servant (a) whose services shall have been dispensed with, on account of miseonduct, in the opinion of the Karyakarini Samiti or

b) who has been in service of the Vishwa- vidyalaya for less than three years, (0) who resigns his appointment without the per- mission of the authority that appointed him shall be entitled to any sum or sums eontri- buted by the Vishwavidyalaya, or any part thereof, or any interest or other profit thereof

In ९88९ of an officer, teacher or other servant who is engaged on contract basis, vacates his appointment before the completion of con- tract, it shall be within the diseretion of Karyakarini Samiti to withhold part or whole of any sum or sums standing to his credit in the fund that have been contributed by Vishwavidyalaya and any interest or profit thereof.

62

THH FIRST STATUTES 57

5. (i) In ease of illness of the depositor or any member of his family or in such other cases as may' be specified by Regulation made by it in thig behalf under paragraph 7, the Karyakarini Samiti may advance to the depositor one-fourth of the sum. to his credit at' the time, subject to such conditions re- garding repayment as the Karyakarini Samiti may deem fit to impose.

(ii) Subjeet toe such conditions as may be speci- fied by regulation made by it in this behalf the Karvakarini Samiti may advance to the depositor a sum not exeeeding half of the contribution payable by him to the Proyi- dent Fund in the financial year in which the sum is paid, te meet payments towards insurance policies approved by the Karya- karini Samiti. Exeeps as speeified other- wise by Regulations, such sum shall not be treated as a repayable advance.

6. A depositor may from time to time make a tleelavation in the form hereto appended stating the name or names of the person or persons to whom he desires to be paid at his death the amount standing to his eredit in the fund, and the said amount shall he paid to such person or persons. On such payment heing made, the Vishwavidyalaya shall be absolved from all liability in connection therewith. _t. The Karya Karini Samiti may from time te {ime make Regulations or issue such general or special directions as may be consistent with this Statute as 1007५: ci:

(a) the conduct' of the business of the Fund,

(b) any matter relating to the Fund or its management, or the investments of sums at the eredit of the Fund, or the privileges of the depositors, not herein expressly provided

63

60 I. EK. 8. ¥. CALENDAR

(4) That the executant shall be entitled to the benefits of the Provident Fund in accordance with the statutes and regulations of the Vishwavidyalaya for the time being in force.

(5) That the executant shall be entitled to leave in aecordance with the rules of the Vishwavidyalaya for the time being in force.

(6) that the executant shall devote his whole time to the duties of his appointment and shall not engage himself directly or indirectly in. any trade or business without the sanction of the Karyakarini Samiti or take up any occupation which, in the opinion of the Ups Kulapati is likely to interfere with the duties of his appointment.

(7) After confirmation, the services of the exeeu- tant cau. be terminated only on the following grounds:

(a) Mis-conduet. (hb) Permanent physical or mental unfitness to be determined by a Medical Board. econstitut- ed by the Karyakarini Samiti,

(०) Breach of any of the terms of contract.

(d) Abolition of the post. Provided that the कल of the executant shall not be terminated under Clause (७) and (d), without the previous approval of the Kulapati.

(8) [xcept when termination of services has taken place under clause (a) or (c) above, neither the executant nor the Vishwavidyalaya shall terminate this agreement, when intended to terminate it excepi by giving to the other party three Calender months' notice in, writing or by paying to the other party equivalent to thrice the monthly salary which the exceutant is then earning,

66

ORDINANCE NO, 1 88

_ 4. The procedure for submission of applications 167" enralment of students shall be as follows, viz. —

(a) All application forms together with necessary fees and returns on the preseribed forms shall reach the Vishwavidyalaya Kula Sachiva by such date as may be determined by Knla. Sachiva.

(ii) (a) The forms, fees, migration certificates and necessary returns of the students who have migrated from other Universities and Boards shall reach the Vishwayidyalaya Kula Sachiva by such date as may he deter- mined hy him.

(b) They will be accompanied by a statement of cases, if any, in which migration or other certificates have not heen submitted by the students concerned.

(iii) On payment of a late fee of Rs. 10|- the Upa Kulapati may for special reasons to he recorded permit the enrolment of students whose application forms, enrolment fee and the required certificates have been submitted within a fortnight of the pres- eribed date.' If the Upa Kulapati is satisfied that the delay in submission of the Migration Certificate or other certifieates required is not due to any lack of diligence on the part of the student conecrned 10 abtainine it, he may remit the late Tee.

(iv) In the ease of all students who apply for enrolment, to the Principals of Colleges shall send to the Vishwavidyalaya by a preseribed date, a general cortifieate to the effect' that they have inspected the certifieates of the Examinations qualifying them for admission to the Vishwavidyalaya courses con- cerned,

5. The expulsion of a student from the Vishwa- vidyalaya or from a college shall entail the removal of his name from the register of enrolled students.

69

Soe Se la NO. 2 65 Nie AN Lo aa ttt fp 2 errs ; eta ee ae sity or Board {shall i Tata:

from the Registrar or Secretary of that University or Board in addition to the leaving certificate from the head [01 such institution and pay an immigration Nie fee of Rs. 5leGn ease of a University other than the Able University of Saugor, University , of fall Jabalpur _ or foe ee fuze Vikram University : | (290५-०9 Ants Yor Ve ee

SUR "39% ६-7 है 'रणाटपर 27,८00 SI AS ptt nn

oa eens Yee

Provided urther that student or elass of

students exempted by the Karyakarini Samiti under the provision to Paragraph 8 of Ordinance No. 1 may be exempted by the Karyakarini Samiti from pro- ducing the certificates or paying the immigration fee mentioned in the second provision :

Provided further that no admission to Colleges

shall be permitted under any circumstances after a prescribed date upto which the Principal of the College may be permitted by the Vishwavidyalaya. to admit. a student to join the college.

The Principals of the colleges shall, within a

week of the said date, send to the Vishwavidyalaya a complete list of all students admitted to the Colleges for the session.

2. During the first term of an academic year the Principal of the College may permit a student to change his optional subjects for the course or with the approval of the Upa Kulapati, to change the Madhyama Course in one Vidyanganilaya for the Madhyama Course in another Vidyanganikaya.

9.

4. (1) No student shall be allowed to migrate 'vom: one college to another without a leaving or transfer certificate in the form prescribed,

71

72 I. KS. V. CALENDAR

(3) ''unexhausted papers'? mean voting papérs om which a}further preference is recorded tor a con- tinuinge candidate;

(4) ''exhausted papers'? mean voting papers on which no further preference is recorded for a continuing candidate provided that a paper shall also be deemed to be exhausted in any case in. which —

(a) the names of two or more candidates, whether continuing or not, are marked with the same figure and are next in order of preference, or

(b) the name of the candidate next in order of preference whether continuing or not, is marked —

(i) by a fieure not following consecutively after some other figure on the voting papers or

(ii) by two or more figures*

(5) *'Original votes'? in regard to any candidate mean the votes, derived from voting papers on which a first preference is recorded for such candidate;

(6) ''transferred votes'? in reeard to any candi- date mean votes, the value or part of the value or which is eredited to such candidate and which are derived trom voting papers on which a second or *The fact that a voter has not marked every preference correctly does not invalidate the. whole of his preferences, His paper is only treated, us exhausted when the wrongly marked preference is reached. The following ure examples:— Pe eres Ee dee en pe ey

3 LG a ae 5 +! LE pats tae as रुप थी 16 0 20 he Ae (८ या ee) ay eat INS hy ye ET TARES ge eS mE) 3 01 ellen 5 Wil ee 2. 1. In both the eases (i), the (1), the first two preferences wou]d be valid. If the third preference is reached, the paper would be treated as exhausted.

78

76 I. K. S&S. V. CALENDAR

(b) may, in addition, place on his voting paper the figure 2 or the figures 2 and 3, or 2, 3 and 4 and so on in the squares opposite the names of other candidates in the order of his preference.

One voting paper in the Form B and two covers in the Forms C and D, hereinafter, referred to as covers ( and D respectively shall be forwarded by the Kula Sachiva by post to every elector on or hefore the date fixed therefor.

The voting paper shall be accompanied with a statement containing the following details, viz. —

(i) the name of each candidate ;

(ii) his Vishwavidyalaya degrees; (ili) designation; and

(v) place of residence.

(ii) After recording his vote on the voting paper, the elector shall place it in. the cover' C and then seal the cover. He shall then place the cover in another cover 1), and seal the latter cover. Hach voting paper shall bear the signature of the Kula Sachiva and each cover D, and name and number of the voter.

(iii). The elector shall then take the sealed cover

I) to an Attesting Officer (not being a candidate) and place his signature at the space provided for the purpose on the cover D, in the presence of the Attesting Officer. The Attesting Officer shall then attest the identity of the elector by placing his signature, date of signatwre and designation at the space provided on the cover for the purpose. The cover shall then he delivered to the Kula Sachiva by the elector, personally or by messenger or hy Register- ed Post. :

82

ORDINANOE NO, 9 79

XII. (1) Any candidate the value of whole parcel, on the first preferences being counted, is equal to or ereater than the quota, shall be declared elected.

(2) Tf the value of the papers in any sueh pareel is equal to the quota, the papers shall he sel aside as finally dealt with.

(3) If the value of the papers in any such pareel is greater than the quota, the surplus shall be iransterred to the continuing candidates indicated on the voting papers as next in the order of the voters preference, in the manner prescribed in the follow- ing rules,

XIV. (1) Hf and whenever as the result of any operation prescribed by these rules a candidate has a surplus, that surplus shall be transferred in accord- aneée with the provisions of this rule.

(2) If more than one candidate has a surplus, the largest surpus shall he dealt, with first and the others in order of magnitude; provided that every surplus arising of the first count of votes shall be dealt with hefore those arising on the second count, and so on.

(3) Where two or more surpluses are equal, the Kula Sachiva shall decide, as hereinafter provided in in Rule XIX, which shall first be dealt with.

(4) (a) If the surplus of any candidate 10 be transferred arises from original yotes only, the Kula Sachiva shall examine all the papers in the parcel belonging to the candi- date whose surplus is to be transferred, and divide the unexhausted papers into sub- parcels according to the next preferences recorded therein. He shall also make a Seperate sub-parcel of the exhausted papers.

85

80 I. K,. 8, ५, CALENDAR

(9) He shall ascertain the value of the papers in each suh-parecl and of all unexhausted papers, |

(c) If the value of the unexhausted papers is equal to or less than the surplus, he shall transfer all the unexhausted papers at the value at. which they were received by the eandidate whose surplus is being transferred.

(d) If the value of the unexhausted papers is ereater than the surplus, he shall transfer the sub-parcel of unexhausted papers and the value of which each paper shall he ascertained by dividing the surplus by the total number of unexhausted papers.

(5) If the surplus of any candidate to be trans- ferred as well as original votes, the Kula Sachiva shall re-examine all the papers in the sub-pareel last transferred into sub-parcels according to the next preferences recorded thereon. He shall thereupon deal with the sub-pareels in the same manner ag is provided in the ease of the sub-parcels referred to in clause (4),

(7) All papers in the parcels of sub-parcels of an elected candidate not transferred under the rule shall he set aside as finally dealt, with.

XV. (1) If after all surpluses have been trans- ferred, as hereinbefore directed, less than the num- ber candidates required has heen elected the Kuia Sachiva shall exclude from the poll the candidate lowest on the poll and shall distribute his mnexhausted papers among the continuing candidates according to the next, preferences recorded thereon. Any un- exhausted paper shall be set aside as finally dealt with.

(2) The papers containing original votes of any excluded candidate shall first be transferred, the transfer value of each paper being one hundred,

86

ORDINANCE wo, 9 $1

(3) The papers containing transferred votes of un. exeluded candidate shall then be transferred in the order of the transfers in which and at the value at which he obtained them.

(4) Each of such transfers shall be deemed to he a seperate transfer.

(5) The process directed by this rule shall be repeated on the successive exclusions one after another of the candidates lowest on 'the poll untill the last vacancy is filled either by the election of a eandi- date with the quota or as hereinafter provided.

XVI. (1) If, after the completion of any transfer under these rules, the value of the votes obtained by the candidate is equal to or greater than the quota, the transfer then proceeding shall be completed, but no further papers shall be transferred to him.

XVII. (1) 1, after the completion of any trans- fer under these rules the value of the votes of any candidate shall be equal to or greater than the quota, he shall be declared elected.

(2) If the value of the votes of any such candi- date shall be equal to the quota, the whole of the paper op which such votes are recorded shall he set aside as finally dealt with.

(3) If the value of the votes of any such candi- date shall be greater than the quota, his surplus shall thereupon be distributed in the manner herein- before provided, before the exclusion of any other eandidate.

XVUI. (1) When the number of the continuing candidates is refused to the number of vacancies re- maining unfilled the continuing eandidates shall be declared clected,

87

82 * I. KS. ए. CALENDAR

(2) When only one vacaney remains unfilled and the value of the votes of some one continuing candi- date exeeeds the total value of all the votes of the other continuing candidate together with any surplus not 'transferred, that candidate shall be declared cleeted.

(3) When only one vacancy remains unfilled and there are only two continuing candidates, and those two candidates have cach the same value of votes and no surplus remains capable of transfer, one candidate shall be declared exeluded under the next succeeding rule, and the other declared elected.

XIX. If, when there is more than one surplus to distribute two or more surpluses are egual, or if at any time it becomes necessary to exclude a candidate and two or more candidates have the same value 01 votes and are lowest on the poll, regard shall be had to the original votes of each candidate, and the candi- date for whom fewest original votes are vreeorded shall have his surplus first distributed or shall be first exeluded, as the case may be. Tf the values of their original votes are equal, the Kula Saehiva shall decide by lot which candidate shall have his surplus distributed or he excluded.

MICELLANKOUS

XX. An election petition against anv retumed candidate may be presented to the Upa Kulapati by any candidate or elector or his avent authorised in that behalf within thirty days from the date of the publication of the result in the M. P. Gazette. an Upa Kulapati's order on the petition shall be

nal.

XXII No eleetion shall be deemed to be invalid

by reason of the voting paper posted to an elector

not. eas been delivered to him, or not having been

delivered to him in time, by the Postal Department.

=

88

ORDINANCE NO. 11 89

period spent on duty during the Ist year of continu- ous service (includes periods spent on duty as well as on leave including extra ordinary leave) and one- eleventh of the period spent on duty from the date from which the second year of service commences, provided that when the earned leave due amount to 60 days, he ceases to earn such leave. (९) Harned leave is not admissible to an officer serving in a vacation Department in respect of duty performed in any year, in which he avails himself of the full, vacation.

(h) The earned leave admissible to such an officer in respect of any year in which, he is prevented from availing himself of the full vacation in such porpor- tion of 30 days earned leave as the number of days of vaeation not taken bears to the full vacation

(1) Tf in any year he does not avail himself of the vacation, earned leave is admissible to him in respect of that year in accordance with the provisions o£ rule (९) and (e), provided that no carned leave shall be admissible under this ¢lause in respect of the first year of service to an officer not in permanent employ. J

(1) Vacation may be taken! in combination with or in continuation of any kind of leave under this rule, provided that the total duration of the vacation and earned leave taken in continuation, whether the earned leave is taken in combination with or in eon- tinuation of other leave or not, shall not exeeed the amounti of earned leave due and to the officer at a time, provided that the total duration of vacation, earned leave and commuted leave taken in conjune- tion shall not exceed 210 days.

(k) The maximum earned leave that may be eranted at a time to an officer shall be 120 days, but not execeding 180 days if the entire leave so granted or any portion thereof is spent outside India

95

911 1, K. 5. Ve CALENDAR

(1) An officer on earned leave is entitled to leave salarv equal to his average pay.

5. Half pay leave:

(i) Half pay leave means leave earned in respeet of completed years of service.

(i) Hal pay leave due means the amount of half pay leave caleulated for entire service, diminish- ed by the amount of leave on private affairs, & leave on medical certificates.

(iii) Half pay leave admissible to an officer in permanent employ in respect of each completed year of service, (includes periods spent on duty as well as on earned leave) is 20 days.

(iv) The half pay leave due may be granted to an officer on medical certificate or on private affairs. Such leave on medieal certificate shall be given on pro- duction of a medical certificate trom medical autho- rity, for a period not exceeding that recommended by the medical authority. Such medieal leave shall not be eranted unless the authority competent to sanetion leave is satisfied that there is ७ reasonable probability that tha officer will be fit to return to duty on its expiry. Half pay leave on private affairs also shall not be granted unless the authority competent 10 sanction leave has reason to believe that the officer will return to duty on its expiry.

(v) An officer on half pay leave is entitled to leave salary equal to half his average pay subject to a maximum of Rs. 750|-.

6. Commuted Leave:

(a) Commuted leave not exceeding half the amount of half pay leave due may he granted on medical certificate only to an officer in permanent employ subject to the following conditions.

4

96 I. K. S. V. CALENDAR

3. All recognisecdl teaching in connection with Vishwavidyalaya courses shall be eondueted hy the teachers of the Vishwavidyalaya in aecordanee with the scheme framed, by the Shiksha Samiti.

4. No attendance at any teaching' other than teaching conducted by the Vishwavidyalaya or by a College affiliated to the Vishwavidyalaya shall qualify for admission to amy examination of the Vishwavidya- lava for which a reeular course of study has heen preseribed by the Vishwavidyalaya.

5. No candidate will be permitted to appear in two Vishwavidyalaya examinations simultaneously viz. the same year.

6. No private candidate will be allowed to appear m any examination of the Vishwavidyalaya. Provided that the failures can appear in subse- quent years for the respective examinations as an ex-student of the College or of the Vishwavidyalaya.

7. A candidate who is unable to present himself for any examination shall not receive the refund of his fee.

Provided that for the next examination to whieh he is admitted he shall he required to pay half (1/2) of the examination fee only, This concession shall not he repeated,

8. If an applicant for an examination is found ineligible' for admission to the examination 3]4- of the fee paid by him shall be refunded :

Provided firstly that in the case of the student of a college who is refused admission to the examina- tion merely by reason of the fact that the Principal of his college is unable to eive him a certificate —

(i) Of good conduet.

(1) (01 fitness to present himself at the examina- tion, or

+=

102

ORDINANCH NO. 14 97

(iii) Of having prosecuted a regular course of study, shall be entitled for the refund of half of the examination fee only.

9. Subject to the provisions in paragraph 7 of the Ordinance all examinations except practical and viva. voce, shall be conducted by means of printed papers to be answered in Hnglish or in Hindi. They shall be given out to examiners on the same date and at the same hour at all the examination centres.

10. The medium of examination for all the exa- minations shall be Hindi or'Enelish only as the candi- date may choose any of them.

11.. There will be a practical examination in all the subjects for Madhyama, Vid and Kovid.

12. Students seekine admission to all the exa- minations shall haye prosecuted their courses of studies through the medium selected by them for their examination.

13. Except when otherwise provided for under the ordinances relating to particular examinations three hours shall be allowed for cach theory paper.

14. Jn order to pass an examination an examince must obtain not less than the minimum percentage of marks laid down in the ordinance for the examina- tion.

15. Within one month from the date of publiea- tion of results, the examinees may. apply for scrutiny of answer-books together with necessary fees if they are not satisfied with their result.

The answer-books will be scrutinised by two ynembers Of the Karvakarini Samiti to be nominated bv the Upa Kulapati.

Under no circumstances the answer-books will be veyalued,

103

ORDINANCE No. 16 107

8. In order to pass, an examinee must obtain in each subject (theory and practical separately) not less than the minimum marks prescribed in para- eraph 7 of this ordinance, and in the aggregate not less than. thirty-three per cent of the total marks obtainable. Successful examinees obtaining sixty per cent or more of the aggregate marks shall he placed in the first division. Those obtaining less than sixty per cent but not less than forty-five per cent shall be placed in second division and all other exa- minees obtaining less than forty-five pereent but not less than thirty-three per cent in the third division. The candidate securing more than 75% of marks in any subject (theory or practical separately) will get distinetion in the subject in which he obtains 7596 of marks.

9. If an examinee fails either in theory or in prac- tieal he may he granted grace, marks upto two in theory and upto three in practieal.

No grace marks will be given to an examinee who fails in theory and practical both.

Marks given as grace marks will not be added to the aggregate of marks obtained by the examinee.

10. Apt Scope of subjects for the examination shall be indicated in the prospectus,

11, As soon as possible after the examination but not later than twenty-eighth February next following, the Karyakarini Samiti shall publish a list of suecess- ful examinees arranged in the three divisions. The names of the examinees obtainine the first three places in the first division! heine arranged in order of merit.

12. A suecessful eraminee shall reecive a degree in a form prescribed. by the Shiksha Samiti,

113

OLDINANCE NO. 18 115

(b) A programme of the examination; (0०) The roll list of the candidates for the parti- cular Examination;

(d) AL statement showing the names of the exa- miners in the subjects concerned;

(e) Such other papers as are required for the proper conduct of the examination.

(iv) The officer-in-charge shall forward the answer books direct to the examiners concerned. All answer-books shall be stamped only with the Vishwa- vidyalaya stamp supplied by the Kula Sachiva. The officers-in-charge shall report to the Kula Saehiva, the number of answer-books sent to individual examiners.

(v) The Karya Karini Samiti shall issue sueh general instructions, approved in this behalf by the Shiksha Samiti for the guidance of examiners, as it considers necessary for the proper discharee of their duties, andi shall prescribe suitable forms for the recording of the marks obtaimed by the examinees.

(vi) Subject to any special directions made hy the Shiksha Samiti in this behalf the Kula Sachiva shall be responsible for the arrangements connected with the conduet of al] examinations of the Vishwa- vidvalaya.

(vii) Invigilators at the Vishwavidyalaya exu- minations at all centres shall he appomted from the following persons in the order of preference im which they are named:

(a) Professors and teachers including the physi- eal, training instructors of colleges.

(9) Registered Graduates of the Vishwavidya- laya.

(viii) The Upa Kulapati shall appoint senior invigilator or centre Superintendent for each centre. The fee payable to the centre Superintendent shall be Rs. 5|- per day.

121

116 L 5K. 8. ¥. CALENDAR

(ix) All Invigilators and accompanists shall be paid Rs: 2|- per day.

(x) | Accompanists shall be appointed by the Centre Superintendent.

Preparation of results:

5. (i) A special examination committee consisting of three members, shall he appomted by the Shiksha Samiti each vear to prepare the results of examina- tions and report these to the Karya Karini Samiti for publication. The Chairman of this Committee shall he the senior Dean of the Vishwavidyalaya.

(ii) The Special Examination Committee shall recommend to the Shiksha Samiti the names of per- sons suitable to be appointed tabulators for the exa- minations of the year, and the Shiksha Samiti shall forward to the Karya Karini Samiti its recommenda- tions after considering the recommendations of the special Examination Committee. The MKaryakarini Samiti after considering such recommendations, shall appoint two tabulators or two sets of tabulators and a scrutineer for tabulating the result of the examina- tions,

* (iii) The Karyakarini Samiti shall appoint the Kula Sachiva of the Vishwavidyalaya as Checker.

(iv) Any discrepancy between the marks, as re- ported by the examiner to the tabulators and to the Kula Sachiva shall be reported to the Special Exami- nation Committee for such. action as it deems fit.

(v) The Kula Sachiva shall forward to the tabu- lators before the close of each examination all the necessary papers relating to it, e.g, the names ol examiners, the roll list of examinees, the forms for recording the marks, the statement showing the last dates by which the examiners are required to send their marks and the Ordinances relating to the exa- mination, The tabulators shal] keep strictly confi-

122

Pa ORDINANCE No. 18 117 dential all Communications recerved by them in the vourse of the diseharge of their duties.

(vi) The tabulators shall receive the marks direct from the examimers and shall, on or before a date to be prescribed by the Karya Karini Samiti sub- mit to the Kula Sachiva the vesults prepared in accordance with the instructions of the Special Exa- mination Committee.

(vii) The Kula Sachiva, after checking the vesults, shall place them before the Special Examina- tion Committee which shall meet, to serutinise them, and shall prepare the! results.

(viii) Any attempt made by or on behalf of a candidate to secure! preferential treatment in the matter of his or her examination shall be reported [0 the Kala Sachiva who shall place the matter hefore the Karya Karini Samiti.

ix) There shall be no re-examination of exami- nees answer-papers. If any omission to mark any paper is discovered, the matter shall be placed for consideration before the Special Examination Com- mittee, which shall order such action to be taken as it deems fit. If amy such omission is discovered after the results are published by the Karya Karini Samiti, the Kula Sachiva shall call a meeting of the Special Examination Committee to consider the matter and it shall take such action with respect to it as it deems fit. Tf it orders the question or the paper to he marked, and if as a result of such marking, the examinee, having previously been declared to have failed, passes, the Upa Touapati shall! he requested in the exercise of his powers under sub-section (4) of section 13 of the Act, to declare him to have passed in the division in which his marks entitle him to be placed.

(x) Except as decided otherwise by the Karya- karvini Samiti the examination answer-books and the details regarding the marks obtained by the exami-

123

118 I, K. 8. ४. CALENDAR nees, except the tabulated results, shall be destroy- ed or otherwise disposed of after foun months from the date of publication of the results in the Madhya Pradesh Gazette.

Publication of Results :---

6. The Karya Karini Samiti shall publish the results of the Vishwaviyalaya examinations in the Madhya Pradesh Gazette,

The Kula Sachiva shall place the proceedings of the Special Hxamination Committee before the Karya- kavini Samiti alone with the list of successful exa- minees as prepared by the Committee. The eross lists of examinees showing the subject or subjects in which examinees have failed to obtain the prescribed minimum number of marks, shall be prepared by the tabulators before the results are published; and it shall be the duty of the Kula Sachiva to compare with the eross lists, the list of examiners reported as sueeesstul and, where necessary to ask the tabulators to make the necessary corrections in the lists. Serutiny of resulis:

7, (i) The answer-books of examinees at Vishwa- vidyalaya examinations shall not be reexamined on their merits, but they may be scrutinised for verifica- tion of the correctness of the total marks recorded. Any examinee may submit an application for such serntiny through the Principal of his college, if he is colleee student, and otherwise to the Kula Sachiva direct. The application together with a fee of Rs. 5|- must reach the Kula Sachiva within thirty days of the date of the publication of the results in question.

(1) On receipt of such an application, the Upa Kulapati shall cause the marks of the applicant, as yecorded on his answer-books, to be scrutinised by one of the tabulators or a member of the Karya- karini Samiti, as he may deem fit.

124

126 I. Ku 5. ४७ CALENDAR and subject to the foregoing rules, any other amendment which is in order may then be proposed ; '

(iii) If an amendment is carried, the motion, as amended shall be stated from the Chair and may then be debted as a substantive ques- tion to which any further amendments to the original motion which are im order may by proposed, subject to the foregoing rules. Such further amendmenis shall be disposed off in the same manner as the original amendment. When all the amendmenis have been thus dealt with the Chairman shall take the vote of the meeting on the motion as amended as the substantive reso- lution.

31, Adjournments, etc:— A motion "'that this meeting be now dissolved ''or'' that this meeting be now adjourned'* may be moved, at any time as a dis- tinct. question, but not as an amendment for so as 10 interrupt a speech,

32. If a motion for dissolution is carried, the business before the mecting shall drop.

33. If a motion for adjournment is carried, the mecting shall be adjourned, and the business shall he resumed at the adjourned meeting.

_ 34. A motion "'that the debate may now be ad- Journed'' may be moved in the manner preseribed in resolution 31, and if it be carried shall have the ae postponing the debate on the question under consideration, and the other items on the agenda paper shall be proceeded with. I the motion be negatived, the debate shall be resumed. 35, A meeting or a debate, renewed or continued after an adjournment, is to he deemed one with that preceding the adjournment.

132

REGULATION NO. 1 197

36. A motion ''that the meeting pass on to the next. business on the Agenda paper'' may be made, at any time, in. the like manner and subject to the same rules as one for adjournment. Ii such motion be carried, the motion under consideration and the amendment thereon, if any, shall drop.

37. At any time after ihe motion or amendment has been made, ७ member may request the Chairman to put the question, and if it appears to the Chair- man that there has been snificient discussion, he may eall upon the mover for his reply and may then put the question to the vote.

38. Time Limit:— No member other than the Chairman shall speak for more than 10 minutes in proposing a motion or amendment, or for more than 5 minutes when. seconding or speaking to a motion or amendment, or when replying.

39. Proposals of a special natwre:— Proposals re- lating to the conferring of honorary degrees, vote of thanks, messages of congratulations or eondolences, addresses and other matters of a like nature, may he moved from the chair without previous notice.

40. Jutervention of Chairman:—'The Chairman may at any stage of the proceedings at his own dis- eretion or at the request of a member, explain the scope and effect. of the motion or amendment which is before the meeting.

41, If the Chairman desires to take aetive part in 8 debate, he shall vacate the Chair until the vote on that debate shall have been taken. During such time the Chair shall be taken by a member present appointed by the Chairman. The acting Chairman shall, during the debate in question, exercise al] the rights of the Chairman.

133

RESOLUTION NO, 1 129

49. Conunittee: — A motion tor the appoint- ment of a committee on a subject under debate may be made by any member at any time, and without the notica required by paras 7 and 8.

50. A motion for appointment of a committee must define the purpose for which, the committee is to serve and the number of members to, compose it. Amendments for enlarging or restricting the number may be made without previous notice, If the motion is carried, the member moving, shall name the persons whom. he wishes to form the committee. [t shall there- upon. be open to members to propose and second other names.

51. The quorum for the committee shall be not less than a majority of the members appointed.

52. At the time of appointment of a committee one ofits members shall be elected as Chairman of the committee by the Vishwavidyalaya Sabha.

58. The resolution of the committee appointed by the Vishwavidyalaya Sabha shall be embodied in a report. The report shall be presented to the Vishwa- vidyalaya Sabha at, its next meeting, subject fo the prvisions of the Regulations respecting notice.

54. Mlections:— In all cases of Election other than those specifically provided. for the candidates shall be proposed and seconded. If no more eandidates are nominated than there are vacancies to be filled, the Chairman shall declare those candidates to be elected, Tf the number of candidates exceeds the number of vacancies the voters shall state on the ballot paper the names of the candidates they desire to vote for upto the limit of the number of vacancies.

55. Reconsideration :— No matter which has been decided by the Vishwavidyalaya Sabha, shall within

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130 I. KE. 8. V. CALENDAR

a period of 12 months, be reconsidered, except at a special meeting of the Vishwavidyalaya Sabha con- vened for the purpose. No motion for revision shall be carried unless 3|4th of the members present at such meeting: yote in favour thereof.

56. Once every 12 months, or at; such other inter- vals as the Vishwavidyalaya Sabha shall direct, the Karyakarini Samiti shall cause the Minutes of the meeting of the Vishwavidyalaya Sabha to be printed and. a copy thereof to be forwarded to each member,

57. Hmergency :— In any case not provided for by

. t . . these Reeulations, the Chairman shall be entitled to give his own ruling as to procedure.

58. Press and. Visitors:— Representatives of the Press and Visitors may be admitted to the meeting of the Vishwavidyalaya Sabha, provided they have obtained the permission of the Kula Sachiva. The Chairman may at any time during the sitting of the Vishwavidyalaya Sabha direct all representa- tives of the press and visitors to withdraw.

59. Interpellation:— Any member of the Vishwa- vidyalaya Sabha shall, subject to the Regulations of Vishwavidyalaya, Sabha, be entitled to put questions regarding any matter connected, with the administra- tion of the Vishwavidyalaya, A member so putting a question or any other member of the Vishwavidyalaya Sabha shall be entitled to put supplementary ques- tions. Notice of questions to be answered shall be siven not, less than 20. days before the date of the meeting.

60. The Upa Kulapati may decline to answer any question if he considers it contrary to the best interests of the Vishwavidyalaya. Such a decision shall be final, The Upa Kulapati may decline to answer supplementary questions for the same reason.

136

RESOLUTION WO, IF 131

61. No question may be put which reflects upon the personal charaeter of competence of a member ot the Vishwavidyalaya Sabha,

62. The Upa Kulapati may ask for the notice of a supplementary question which he is not prepared. to answer without further enquiry into the facts of the ease,

REGULTION

No. IT

Regulations of the procedure of the election of members to represent the Vishwavidyalaya Sabha on the Karyakarini Samiti and the Shiksha Samiti.

1. (i) No person's name shall be proposed for election unless he has given to the Chairman, of the meeting a statement in writing: expressing his willing- ness to serve as 8 member of the Karyakarini Samiti, as the case may be,

(ii) Every eandidate for election shall be nomi- nated ini writing, and the nomination paper shall be signed by the two members as proposer and. seconder. The Chairman shall read ont. to the meeting the names of the candidates tomether with those of their propo- sers and seconders,

(iii) If the number of candidates is equal to or less than the number of persons to be elected, they shall be declared elected. If the number of eandi- dates exceeds the number of persons ta be elected, the members, shall proceed to record their votes.. The yotes shall be given by the ballot. The ballot of each member shall consist: of a paper showing the name or names of the person or the persons he votes for when

137

132 I. है. 8. V, CALENDAR more than. one person is to be elected, every member shall have as many votes as'the number of persons to be elected, but no member shall give more than one vote to any one person.

(iy) Where an equality of votes is found to exist between. any candidates and the addition of a vote would entitle any of such candidate to be declared elected, the Chairman of the meeting shall give such additional ov casting vote.

2. No person whose name has been proposed for election shall preside at the meeting whereat such election is to take place,

REGULATION

No. ह है| Meetings of the Karyakarini Samiti.

1. The Karyakarini Samiti shall meet ordinerily on Sunday while the Vishwavidyalaya Sabha is in session and at such other time asi the Upa Kulapati may for special reasons direct:

2. Five members inclusive of the Chairman shall form, a quorum.

3. Ordinarily a fortnight's notice of a mectine shall he given by the Kula Sachiva. Provided 'that when the nature of the business to be brought before the Samiti, in the opinion of thei Upa Kulapati, necessitates an immediate meeting, shorter notice may be given but at such meetings no business that is not of immediate nreeney shall he transacted,

4, At the meeting of the Karyakarini Samiti the Chairman shall have a vote and a casting vote,

138

RESOLUTION NO. IV. 165

5. The Chairman at any meeting may, at his dis- cretion, apply the regulations preseribed or dis- cussion of matters at mectings of the Vishwavidya- laya Sabha, in so tar as he thinks fit.

6. Any member of an Authority or body of the Vishwavidyalaya may make any recommendation or proposal to the Karyakarini Samiti. Such recom- mendation or proposal shall be sent in the form of a letter through the Kula Sachiva, and shall be con- sidered by the Samiti at the earliest possible date.

7. All, propositions for the contierment of an Honorary Degrees shall be put to vote —

(i) without diseussion, and

(ii) by ballot.

REGULATION

No. IV

Meetings of the Shiksha Samiti 1, The Upa Kulapati shall convene to the Kula Sachiva 4 Meeting of the Shiksha Samiti at any time on his own iitiative or on receipt of a requisition signed by not less than 5 members of the Samiti. 2, Not less than 3 week's notice shall be given of the time and place of meeting.

3. 6 members inclusive of the Chairman shall form 4 quorum,

4. In absence of the Upa Kulapati the meeting shall elect. ४ member to preside at the meeting.

5. At all meetings of the Samiti Chairman shall have a vote and the casting vote.

6. Notice of a motion or rsolution to be moved at ४ meeting ie ue Shiksha Samiti must be in the hands of the Kula Sachiva not less than 14 days before the meeting.

139

194 lL KS. V. CALENDAR

7. Notice of am amendment to a motion or resolu- tion, of which notice has been| civen must be in the hands of the Kula Sachiva at least 7 days before the meeting: of the Shiksha Samiti at which the motion or resolution is to be moved.

8. Notwithstanding anything contained in paras 6 and 7 the Chairman may allow a motion of which the required time limit has not been given to be moved or discussed when the motion. ig ong to accept or to act upon any recommendation or report of any authority, Board, Council, Committee or Sub-com- mittee of the Vishwavidyalaya or of ७ committee or Sub-Committee of amy such body and where it would have been impossible to give the notice required by paras 6 and 7 of this chapter, provided that the Chairman is satisfied that: for the purpose of carrying on the work ofi the Vishwavidyalaya it is necessary to obtain. an immediate decision upon the motion.

9 The resulation relating to notice a business and discussion at meetings of the Vishwavidyalaya Sabha shall be applied so far as may be at meetings of the Samiti.

10, There shall be a meeting of the Samiti every year to be called the annual, meeting.

11. The following procedure shall be followed in respect. of propositions for the conferment of, Honorary Degrees, viz:—

(a) Every proposition for the conferment of an honorary degree shall -be referred fori consideration to a committee consisting of the Upa KuJapati and the Adhyacharyas, before it is included on the agenda paper of a meeting of the Shiksha Samiti,

(b) The committee shall consider if the person proposed. है

(i) is distinguished for his learning; or

(ii) has rendered eminent services to the cause of education; or

140

RESOLUTION WO, V 13a

(iii) has, by his munificience promoted the cause of education;

or (iv) has rendered outstanding public ser- vice in other ways, and is otherwise fit in all respects for the conferment of the degree.

If, after such consideration, it commends the propo- sition to the acceptance of the Shiksha Samiti its re- port shall be placed before Shiksha Samiti alone with the proposition.

(c) If the committee is of opinion that if is advisable to drop all further proceedings relating to the proposition the opinion shall be communicated to member giving notice of the proposition and no fur- ther action shall be taken in the matter unless he confirms in writing his intention to move the propo- sition in which case the proposition shall be placed before the Shiksha Samiti along with the proceedings of the committee on the subject.

(d) All propositions for the conferment of the honorary deerees shall be put to vote (i) without dis- cussion and (ii) by ballot.

(e) No propositions for the conferment of an Honorary Decree shall be declared to have been passed by the Shiksha Samiti, unless a majority of _not less than 2|8rds of the members present at the meeting vote in its favour,

REGULATION

No. V

Aceount Rules

1. Receipts of every kind shall be paid intact into the Local Banks. All cash receipts shall he remitted to the Bank not later than the first day following on which the Bank is open. Under no circumstances

141

186 I. K. 8, V. CALENDAR

should the amount left im the custedy of Accountant exeeeds Rs. 300|- when the balance is या exeess the Kula Sachiva will make special arrangement, for the safe enstody of the surplus.

2. The Books of account and vegisters shall be stronely bound paged and attested corrections shall he made in ved ink initialed and erasers shall on no account be permitted.

3. Every person making a payment to the Vishwa- vidyalaya shall fill im a pay-in-slip in tripleate, entering there in the amount paid in figures as well as in words and mentioning the purpose for which the amount is paid. One pay-in-slip will be given to the payee, one will be sent to the department or Section of the Vishwavidyalaya Office concerned for record and the original pay-m-slip will be in the custody of the Accountant.

4. All pay-in-slips for amounts not exeeeding Rs. 100|- shall be signed by the Accountant an 0. those exceeding Rs. 100|- shall be signed hy the Kula Sachiva, or if so authorised, by the Upa Kula Sachiva ov the Sahayak Kila Sachiva.

5, Wach pay-in-slip in triplicate will be allotted a serial number for the year and shall be entered in the Daily Colleetion Register.

6. Remittance to the Bank shall be accompanied by a Challan which shall be prepared in duplieate in the Beund Beolk supplied by Bank and the first part shall remain in the book and the second part shall he eiven to the bank with the money. The Accountant shall keep the book in. his personal. custody.

7. The Pass Book granted by the Bank shall remain with the Kula Sachiva and shall be sent to the Bank after every fortnight for being written up-to- date. After its return by the Bank, the Kula Sachiva shall prepare a bank Reconcilation Statement and satisfy himself after tallying all entries.

142

RESOLUTION NO. १. 187

8. Expenditure shall ordinarily be met by means of Cheques drawn on the banks but petty and emergent expenditure may be drawn to meet several items of expenditure. The Cheque book granted by the Bank shall remain in personal custody of the Accountant under lock and key. '

9, Every bill presented tor payment shall first be examined by the Accountant and. he shall initial it in token of his having done so. If the claim be admissi- ble, the authority good, the signature true and in good order and the receipt a legal acquittance, the Kula Sachiva shall, after satisfying himself on these points, shall authorise payment by cheques or in cash.

10. In the tormer case, an entry shall be made in the Cash Book and the bill having been stamped 'Paid'? it shall be retained in the custody of the Accountant. The bills shall be numbered consecn- tively for the year in the order of payment and pasted in a bound book with fiy leaves. Salary bills shall be filed separately. Adjustment vouchers shall bear a separate series of numbers from cash vouchers und also be filed separately.

11. (a) The salary bill shall be m a preseribed form.

(b) Salaries fall due.on the first working day of the month for which they are due.

(c) Income tax, subscription to Provident Fund, house rent and dues 10 the University shall be deduct- ed from the salaries of Officers and Teachers before papment is made to them.

(d) Payment of salaries of officers and teachers shall ordinarily be made by cheque. UH any officer or teacher desires payment in cash he will attend Kula Sachiva office to reecive it in person.

(e) Save with the special sanction of the Upa Iulapati no claim by an officer or teacher or a member

143

138 I. K. 8. V. CALENDAR

ol any Vishwavidyalaya shall be valid unless made within six months of the date at which the payment fell due.

12. There shall be maintained a register in which all record of appointments, promotions leave, suspen- sions, fines, reductions or enhancement of salaries and office arrangement regarding all members of the Vishwavidyalaya staff be entered.

13. Contingent charges for sums below ten rupees need not be supported with vouchers. A certificate by the Kula Sachiva that they have been. disbursed shall he sufficient, but charges above Rs, 10|- shall be supported by vouchers.

14, A permanent advance of Rs. 250|- may he made to the the accountant for the contingent ex- penditure. Sufficient security should be obtained from the person who handles the cash.

15.

# 16. All money received and spent shall be imme- ately hrought to aceount in the eash book. It shall, as fan as may be balaneed at the close of every day and signed by the Kula Sachiva. After the elose of each month, on receipt off the bankk Pass Book from the Bank, the Cash Book shall be compared with the Pass Book. Both the books should be correctly posted. The balance according to Cash Book minus the Cash in the hand of the Cashier plus the amount

144

KESOLUTION NO. ४ 139 of uneashed cheques must agree with the balance in the pass book.

The total, of the office establishment and contingent ¢harees shall be entered in the Cash Book. Every item. of expenditure shall contain reference to the voucher or certificate of payment as the case may be.

17. Besides the Cash Book, there shall be main- tained an abstract register or ledger of all transac- tions appearing in the Cash. Book. There shall be as many columns as they are needed as per heads of Bxpenditures and Income. Under each head. shall be entered in the appropriate column the transactions of the date as appearing in the Cash Book. They will be totalled at the end of the month. On the basis of this register, there shall be pre- pared every month an abstract progressive total of receipts and expenditure which will show the budget fioures, the amount realised or spent as the case may be upto the end of the month and the balance remaiu- ing to be realised or available for expenditures for the rest of the financial year. This statement will be put up before the Koshadhyaksha and the Upa Kula-

pati after the 15th of the succeeding month.

18. Any money received in the form or earnest money or security deposit which does not come under any head as prescribed in 14, 15 and 16 of these rules shall be credited to a separate suspense head. If not claimed within 3 years, the amount shall be trans- ferred to. Mise. ale. through the Adjustment Register or Journal,

19. Transfer entries by means of which transfer from one head of account to another are affected shall he made to correct errors of classification. In case of deposits referred to in Para 18 adjust- ment shall tale place when the amount is unclaimed for three years as therein prescribed.

145

140 1, K. 8. V. CALENDAL

20. Refund of revenue shall be made with the sunction of the Vitta Samiti.

(1) Provided that in cases refer to Para 17 No. refunds shall be made exeept with sanction of the Karya Karini Samiti.

(2) Provided further that, the sums received in excess of the fees preseribed may be refund- ed to the remitters concerned without a formal application from them, with the sanc- tion of the Kula Sachiva.

(3) Provided further that the hostel caution money paid by a hosteler tof the Vishwa- vidyalaya may be refunded by the Kula Sachiva if the Superintendent, of the hostel certifies that there are no dues outstanding against the hosteler.

21. The Kula Sachiva shall have aulhority to sanclion expenditure on Printing under the follawing heads :—

(1) Minutes of meetings. Gi) Vishwavidyalaya publications.

(iii) General Matters.

(iv) Diplomas.

(v) Registers and forms and others papers for consideration of the various authorities and bodies.

22. Investments of sums not exceeding Rs. 20,000}. in Govt. securities or in fixed, deposit in an approved Bank may be sanctioned by the Koshadhyaksha and similar investments of sums exceeding Rs. 20,000]- by the Vitta Samiti,

23. The Vishwavidyalaya Library Committee shall have authority to sanetion expenditure on books and periodicals and in absence of the Committee the Upa Kulapati will sanetion the same subject to the Budget allotment.

146

RESOLUTION NO. ए 141

24. The Kula Sachiva shall be authority to countersign travelling allowanee bills, as per ordi- nanee No. 10 (T. A. rules).

25. The Kula Sachiva shall submit before hand an estimate of the expenditure on examinations to Karva Karini Samiti and where the estimate has heen sanctioned he shall have authority to pass all expen- diture under that head,

26. Remuneration to examiners shall be fixed by Karya Karini Samiti on vecommendation of the Shiksha Samiti. The Kula Sachiva shall have autho- rity to pass the bills in accordance with that sanetion.

27. No unusual expenditure shall he incurred without the previous sanction of the Karya Karini Samiti.

28. A stock and store of all moveable property shall be kept in a register>in such form as may be prescribed by the Karya Karini Samiti. There shall be half, yearly physieal verification of stoek by the Kula Sachiva.

29. Separate registers for forms, stationery and stamp shall be maintained and shall he verified at the end of every month by Kula Sachiva.

30. The Kula Sachiva shall have powers to sane- tion bill of contingent expenditure upto Rs. 500}- only. The amount above Rs. 500]- shall he sanetioned by the Upa. Kulapati.

BUDGET

31. The budget tor each financial year will be framed by the Karya Karini Samiti within the limits specified by the Vitta Samiti. The budget shall 10 ready on or before 31st December annually. If need be, a supplementary budget estimate shall be prepar- ed for the amount exceeding the original allotment.

147

142 1. K. 8. V. CALENDAR

32. The budget estimates shall set forth the estimated receipts and expenditure for the full year and opening and closing balances (cash and invest- ments).

33. The budget estimates shall be accompanied hy necessary explanatory notes for variation to compare with previous year and necessary schedules to explain expenditure and income.

34, Reappropriation of sums allotted under one sub-head. or minor head ६0 another sub-head, or Minor head may be sanetioned by the Upa Kaulapati on the recommendation of the Koshadhyaksha and of sums allotted under one major head to another major head by the Karya Karini Samiti on the advise of the Vitta Samiti.

148

I . LNDIRA KALA SANGI'T VISHWXVIDYALAYA (SANSHODIQAN) r1DH1NIYtlhl. 11102 I . Shon lille and camrncnccmcnl.

:1

! 2. Amendmen1 of Scc~ion 3.

1

j 3. Inscrlion or Sccdon 3-A.

j 5. Omission oFSeslion 16. - Koshadhyaksba.

6. ~rnissjon oIScclian 17. - Removal of Kulapari

3

i: 7. lnsertion of Section 17-A. - Terms of c1T1icc of rhc Kulapaii and vacancy,

I 8. Amendment of Section 21. - Vishwavidyalaya Sabha. - 9. Insertion of Section 54. Power of Slate Government ro apply ACI in modified form with a r0iew lo providc for bcrrcr ndminismtion of universi ly in certain circums tnnses.

149

*m,fq+6 IS 3*200z

-- -- ---< CHHAI'IISGARH ADHIMYAM (No, R 2002)

INDIRA KALA SANGIT VISHWAVIDYALAYA (SANSAOIIHAN)

An Act to amcnd Indin Kala Sangit Vishwavidydaya Adhiniyam, 1956. Bc ir enacted by the Chhartisgarh lxgislarure in the Fifty-third Year of [lie Rcpublic of India as follows :-

1. (1) This Act rnay be called the indira KalnSangit Vishwavidyalaya (Sanshodt~an) sllort lil1r =(,d Adbiniy am, 2002 (No. 8 of 2002) n~cnccnlent.

(2 ) This Act shall colnc into force on such dart as rhe Srare Govcrnnlen~ may. by noti-

iicalion, appoitit in official Gazctre. .2. In szcdon 3 of the lndira Kill? Sangir Vishwavid~*dayaAdhiniyam. 1956 (NO. XIX 4 1956), Ampndrllrrlf ,,I Stc. (hereinalter may bc callcd the Principal Act), the word "Kuladhipati", "Kulapali" and tion3

"Adhyacharya" shall hsubs[iruled resepec~ively in placeofthe lirord "Kulapati", "IJpKulapati" and " Adhyacharya" and the word "PratiKulapari" and "Koshadhyaksha" shall bc ornilled

respecdvcly.

3. ~ o l l o w i n ~ section 3(A) shall be inscrred aficr section 3 of lhc Principal Acr. namely :- ~nx-rtion nrscclinn 3

[A).

(1) Tht ~vord."Kuladhipali", " ~ u l i ~ a t i " and "KuladliqchiC" shall be subsdluted rcs- pcc~Gel3 in piace of ~ h c word "Kulapari", "~pKulapati" and "Adhyacharya" whercver thcy occur in the Principal Acl.

(2) thc word "PI-atiKulapati" and "Koshadhyaksha" shall be ornilled whcrever 111cy occur in the Principal Act.

4. Section I 1 o f the Principal Act shall be ornitrcd. 5 . Sccuon 16 of hc Principal Act shall be omi~ted,

6. Section 17 of the Principal ACL shall be omined. Following section shall be inscned ailcr the sccrian 17 of the Principal Act. namely :-

(I 1 If at any rime upon representation made or olhenvise and afier making such

enquiries as may be deemed necessary, i~ appears to the Kuladhipati thar [be Kulapati;

(i) ' hasmade d c f a u ~ ~ in pcrrc'crming any duty irnp6sedon him, by or undcrltlis Act: or

(i i ) ' has actcd in a manner prejudicial !o rhe inlcrests nf rtir u~iiversiry: nr Ontission nT Scclion

11 Pnlikulnpn~i. Omission 01 Sccli~n

17. Rentova1 nf IIIC Kutapdli.

Inrcrtion o f Section 1 7-A

liii) is incilpable ol' ;~lan:~ging rhc ;dFrlis of rl~e universi~y rile Kulatll~ipa~i uiaiy. i~utwill~star~ding hr firct 1lla1 rlic tzrlnsof the ol~l icc of lhr: Kulapa~i has no! cspircd, by an ordzr in wr ir i~~g sratine thc rea1.1ns rhcrcjn. rccluirc

t l ; ~ Iiulapnri ro relinqi~ish hi~al ' f ice as Cro~nsucli dnrc :I% !nny hc ~pct i l ic l l l!l tI1c :j>.:cr.

150

छत्तोसगढ़ शजपत्र, दिनांक 18 अग्रेल 2002 186 (21)

(2) No order under sub-section [ 1) shali be passed unless the particulars of the erounds on which such action ts proposed to be taken are communicated to the Kudapati and he is given 2 reasonable opportunity of skewing cause against ihe proposed order.

(3) As from the date specified in the order uader sub-section (0), the Kulapau shall be deemed to have relingquished the office and the office of the Kulapati shalf fall j vacant.

§ Amendment of Sec- 8. = Section 21 of the Principal Act shall be omitted and following section shall be substituted in lion 21, University ils mely :-— Courl. place; nam y . .

mm 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 pawers and perlorm a following duties; namely -——

(1) to aci as an advisory body in all matters relating to the university:

Ce at पर

(2) - toreview from पाए time the broad Policies and Programmes of the universily and to 522८७ measures For the mprovement and development of the university:

3) — lo consider and pass resolutions on the annual reports; the annual accounts and 3 telated audit report thereon, if any;

[वी torevicw the acis of the other authorities of the university save where such | authontics have acted in accordance with the powers conferred upon then by this _ Act, Lhe 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

unertion of Section 9. Following section shall be inserted after the section 53 of the Principal Act; namely -— Power af State Gov- | _ c . Coe ;

ernment to apply Act (1) Ifthe State Government on receipt of'a report or otherwise. is salistied that asilua- in modified form with von has arisen in which the administratton of the university cannol be carned aut betten हे provide lor in accordance with the provisions of the Aci, without detriment to the interests af tera LS

of untversity pation the university, and it is expedient in the interest of the university so io do, il may toin circumstances. by notification, for reasons 10 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 cute apply io the university subject to notified orders of the Siate Government

tT

'k "

; 1 (2) The notification issued under sub-section (1} (hereinafter referred to as the : notification) shal! 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 eperution of the nowftcalion does not exceed three years:

(3) The Kuladhipatt shalt, in consultation with the State Goverment. simultaneously with the issue of the notification, appoint the Kulapati under Sub-seciion । | । and shall remove the Kulapattin the like manner. The Kulapati so appousted shall hold office during the period of operation of the neiificanion:

151

Provided (liar thc Kulapari may. norwitllsianding the expiralion o f [he period of

opration uT the notification, conrinuc lo I~old ofticc diereafter until his successor zntcrs upfi~: o l i i c~ but this jxrlud slli:ll not c>.;.::-d onc year As From the appointed dale, the followjng consequences shall ensue; namcly :-

(i) this Act shall have effect subjcc~ ro rhe nolilicd order of thc Statc Govcmment.:

( i i ) the Kulapati, hoJding orfice irnmedia [el y bcfare the appoinred dale, shall

nor withslanding tha~ Ills lerrns of onicc no1 expired, vacate his oTTxe;

(iii) cvery pcrson holding offive as a menher of thc Sabha. the Karyakarini S a ~ n i ~ i or h e Shihha Saniti, as ihe case may bc, immedialc ly before r he appointed date shall cease 10 hold t h a ~ ol'licc:

(iv) u11ti1 the Sahha, Karyakarini Siuni~i or Sllikslla Sarrliti, as thc case may be, rcconslitulcd, the Kulapali appointed under Scdiun 54 (3) shall excr- cisc rhe Powers and PerForm d ) e duties conicmd or jlnposed by or under. this Act. on the Vishwavidyalaya Sahha. Karyakarini Samili ocshiksha Sami~i;

Provided ha1 die Kulad hipari-may , if considers il necessaFy so ro d ~ , appojnt a ~ornkittcc Consisting o i n n cducalionist, an administradvc expen and' a financial expcn lo assist the Kulapali so appointed in exercise of such powers and pcrformance or such duilcs.

(5) Bciorc the expirarion of the pcriod or operation of the nodficatian or immcdialcly as early as pnclicable, thcrcgficr, {he Kulapati shall takc stcps to cbnstitu~e [he Vishwavidynlnya Sabha, Karyakarini Sarnili and Shiksha Samiti accordance w i h lhc provisions-of Lhc. Act. as unmodified and llie Vishwavidyalaya Sabha, Kmyaknrini Sanlili and Shiksha Sumi t i m so consilulzd shall hegin to iuncrion on thc dale immedia~cIy foIlowing the dale olcxpiry if [he of operalion of thc nodEca!ion of the dale on which lhc rcspcctive b d i e s arc so conslituted which-

ever is later;

Provided that illhe Sabha, Karyakarini SamiB and Shiksha Samiti are not consti- .

tuled before !he expiralion of Ihc period of operation oFrhe notification, thc

.. Kulapali shall on such expiration cxcrcisc the powers of mch of hese authorilics subject to prior approval ofthe Kuladhipali till the Sabha, Gryakarini Samid or Shiksha Samiri as the case may bc, is so consrituted.

10. Following sccuon shall be inserted aFter h e new inscned seclion 54 ol dlc Principal Act; lmcrlinn or Sc-~~illn

namely :- 55. cxpiratinn ur IIIV pcrindc~Toptration at

noliticaiibn undcr

On expira~ion of ihe period oC opcnriun of the notification issued under seclion 54. [he srrlirrn 5.1. provisionsof this Act. as modified in application lo the univcrsiry menrioncd in the notification shall ceaqeio operate in respec1 lhcrcofand lhe otherrelcvanl provisions oilhis Acr shall revive and continue 10 apply thereto;

Providcd tl~nr ~hc xpir~~ioon fi t ~ c npcration ot [lie notitication shall nor afrccr:

(2) Previous opcrnrion o I, or any rhing donc or sufiered under thc pruvisions x ~nodi- ficd in any order madc 11lcrcunder: or

152

- -- i:,G.;:~:r? ?qC, cm 1s :& 2032 IShi-:?)

. - --..- . . - - - - . -. - . . - - -. . -. 7-- -- - - --

( h ) an! I - igh~, privi legc, ohligi~ian or Iiabi I i y acquil-ed. accrucd ur incurl.cd urldcl- ~hc

provisions as modified or any ordcr ~nadc rliereundcr: or

(c) any invcs~igation or remcdy in respcci of any such rigtir, privilesc. ol!li,. t r d ~ ~ ~ o n <)I' liabili~y as aforesaid. and such invesliga Jon or remedy n a y be in.c~ir!~iccl enlbreced as iSrhe modified provisions had no1 c c m d ro apply.

153

A.

4

"fora te के अन्तर्गत डाक = क्रमांक '' छत्तीसगढ़/दुर्ग/ , शुल्क के नगद भुगतान (बिना डाक सी. ओ./सायपुर/17/2002. टिकट) के प्रेषण हेतु अनुमत. क्रमांक

जी. 2-22-छत्तीसगढ़ गजट/38 सि. से,

भिलाई, दिनांक 30-5-2001.""

छत्तीसगढ़ राजपत्र

( असाधारण )

'प्राधिकारसे प्रकाशित -

क्रमांक 192 ] - रायपुर, शुरुवार, दिनांक 25 अगस्त 2005-भाद्ग 3, शक -1927 — विधि और विधायी कार्य विभाग

गायपुर, दिनांक 24 अगस्त 2005

: ' : दिनांक

- ,

क्रमांक/6885/21-आ/प्रारुपण/04.--छत्तीसगढ़ विधानसभा का निम्नलिखित अधिनियम जिस पर दिनांक 17-38-2005 को राज्यपाल . की अनुमति प्राप्त हो चुकी है, एतद्ट्वारा सर्वसाधारण क्री जानकारी के लिए प्रकाशित किया जाता है.

. छत्तीसगढ़ के राज्यपाल के नांम से तथा आदेशानुसार, विमला सिंह कपूर, उप-सचिव,

154

= छत्तीसगढ़ राजपत्र, दिनांक 25 अगस्त 2005 be छत्तीसगढ़ अधिनियम

(क्रमांक 12 सन्‌ 2005)

इंदिरा कला-संगीत विश्वविद्यालय अधिनियम ( संशोधन ) अधिनियम, 2005 इंदिरा कला-संगीत विश्वविद्यालय अधिनियम, 1956 ( क्रमांक 19 सन्‌ 1956 ) को संशोधित किये जाने हेतु अधिनियम.

भारत गणराज्य के छप्पनवें ad में छत्तीसगढ़ विधान मण्डल द्वारा निम्नलिखित रूप में यह अधिनियमित हो, अर्थातू-- |

1. (1) इस अधिनियम का संक्षिप्त नाम "इंदिरा कला-संगीत विश्वविद्यालय (संशोधन) अधिनियम, 2005 '' है.

(2) यह राजपत्र में इसके प्रकाशन को तारीख से प्रवृत्त होगा. 2... इस अधिनियम में जब तक संदर्भ से अथवा अपेक्षित न हो :-- मूल अधिनियम से अभिप्रेत है, इंदिरा कला-संगीत विश्वविद्यालय अधिनियम, 1956 ( क्रमांक 19 सेन्‌ 1956) 3... मूल अधिनियम की met के स्थान पर निम्नलिखित स्थापित किया जाये, अर्थात्‌--

(1) उपधारा (2) अथवा उपधारा (6) के अधीन गठित समिति द्वारा अनुशंसित कम से कम तीन व्यक्तियों की सूची (पेनल) से कुलाधिपति द्वारा कुलपति कौ नियुक्ति की जायेगी :

परन्तु समिति द्वारा अनुशंसित व्यक्ति अथवा व्यक्तियों में से कुलाधिपति द्वारा अनुमोदित व्यक्ति नियुक्ति को स्वीकार करने की इच्छा नहीं रखता हो तो कुलाधिपति ऐसी समिति से नई अनुशंसा प्राप्त कर सकता है.

" (2) कुलाधिपति निम्नलिखित व्यक्तियों की एक समिति नियुक्त करेगा :-- (एक) कार्यकारिणी समिति द्वारा निर्वाचित एक व्यक्ति ; (दो). व्रिश्वविद्यालय अनुदान आयोग के अध्यक्ष द्वारा नामनिर्देशित एंक व्यक्ति; ~ (तीन) कुलाधिपति द्वारा नामनिर्देशित एक व्यक्ति.

कुलाधिपति इन तीन व्यक्तियों में से एक को समिति के अध्यक्ष के रूप में नियुक्त करेगा.

(3) उपधारा (2) के अधीन समिति के गठन के लिए कुलाधिपति, कुलपति के कार्यकाल की समाप्ति के छः माह पूर्व कार्यकारिणी समिति तथा विश्वविद्यालय अनुदान आयोग के अध्यक्ष को अपने- अपने नामनिर्दिष्ट-व्यक्तियों को चुनने के लिए कहेगा और यदि इस सम्बन्ध में बार्तलाप के एक माह के भीतर उक्त में से एक या दोनों अपने-अपने नामनिर्दिष्टों का चुनाव करने में असफल रहते हैं तो कुलाधिपतिं समिति के किसी व्यक्ति का नामनिर्दिष्ट कर सकेगा.

(4). उपधारा (2) के अधीन कोई भी व्यक्ति जो विश्वधिद्यालय अथवा किसी महाविद्यालय से सम्बन्धित हो, उसे समिति की सदस्यता के लिए निर्वाचित या नामांकित नहीं किया जायेगा. संक्षिम नाम, तथा प्रारंभ.

परिभाषा,

खण्ड-12 का संशोधन.

155

छत्तीसगढ़ राजपत्र, दिनांक 25 अगस्त 2005 384 (1) a (5) समिति अपने गठन की तिथि से छ: सप्ताह के भीतर seen कुलाधिपति द्वारा चार सप्ताह से अनधिक बढ़ाये गये समय के भीतर सूची (पेनल) प्रस्तुत करेगी.

(6) उपधारा (2) के अधीन गठित की गई समिति, किसी कारणवश यदि निर्धारित समयावधि में उपधारां

(5) में विनिर्दिष्ट कौ गई कालावधि में सूची प्रंस्तुत करने में असफल रहे, तो कुलाधिपति एक अन्य समिति का गठन करेगा जिसमें ऐसे तीन व्यक्ति होंगे, जो विश्वविद्यालय अथवा भहाविद्यालय से सम्बन्धित न हों, तथा जिनमें से एक व्यक्ति को अध्यक्ष के रूप में अभिहीत किया जायेगा तदनुसार गठित समिति छ; सप्ताह की कालाबधि के भीतर या ऐसी लघुत्तर कालावधि, जैसी कि विनिर्दिष्ट की जाये, के भीतर जिसमें कम से कम तीन नाम होंगे, सूची प्रस्तुत करेगी.

(7) यदि उपधारा (6) के अधीन समिति उस = में विनिर्दिष्टठ की गई कालावधि के भीतर सूची प्रस्तुत करने में असफल रहे तो कुलाधिपति किसी भी ऐसे व्यक्ति को, जिसे वह उपयुक्त समझें कुलपति नियुक्त कर सकेगा.

धारा 12-क का संशोधन... 4... मूल अधिनियम की घास 12-क के स्थान पर निम्नलिखित धांरा स्थापित किया जाय, अर्थात्‌--

(1) कुलपति, विश्वविद्यालय का पूर्णकालिक वैतनिक अधिकारी होगा sen उसकी परिलब्धियां एवं सेवा शर्तें परिनियमों द्वारा निर्धारित होगी. +

(2) कुलपति का कार्यकाल 4 वर्षों का होगा तथा दो से अधिक कार्यकाल के लिए उसकी पात्रता नहीं होगी, परन्तु 65 वर्ष की आयु प्राप्त करने पर वह अपना कार्यकाल समाप्त करेगा परन्तु उसकी सेवाकाल की समाप्ति के पश्चात्‌ भी बह कुलपति के पद पर बना रहेगा, जब तक उसके उत्तराधिकारी को नियुक्ति नहीं की जाती है तथा नियुक्त व्यक्ति अपना कार्यभार ग्रहण नहीं कर लेता है, किन्तु यह कालावंधि छ: माह से अधिक किसी भी परिस्थिति में नहीं होनी चाहिये.

(3) Fert अधिनियम, के प्रभावशील होने की तिथि के पूर्व नियुक्त कुलपति के द्वारा उपधास (2) - के प्रथम परंतुक के प्रावधानों के बाद भी अपने कार्यकाल को पूर्ण करेगा

(4) कुलपति की मृत्यु, उसके त्याग पत्र, अवकाश SOT या अन्य कारणवश उसके पद रिक्त हो जाने की दशा में, जिसमें अस्थायी रिक्ति भी सम्मिलित है, कुलाधिसचिव और यदि कोई कुलाधिसचिव नियुक्त नहीं किया गया है अथवा यदि कुलाधिस्नचिव उपलब्ध नहीं है, तो किसी संकाय के अधिए्ठाता अधवा विश्वविद्यालय शिक्षण बिभाग के वरिष्ठतम आचार्य कुलाधिपति द्वारा नामनिर्देशित किया गया कुलपति के रूप में उस तारीख तक कार्य करेगा जिसको कि, कोई कुलपति जो ऐसी रिक्ति भरने के लिए धारा 12 की उपधास (1) अथवा उपधार (7) के अधीन नियुक्त किया गया हो, यथास्थिति अपना पद ग्रहण या पुन:ग्रहण नहीं कर लेता है

परन्तु इस उपधारा के अधीन अनुध्यात किया गया प्रबन्ध छः माह से अधिक कालाबधि तक नहीं रहेगा.

+ «

धारा 12-ख का संशोधन... 5... मूल अधिनियम की धारा 12-ख का लोप किया जाए, धारा 13 में संशोधन. 6. मूल अधिनियम की धारा 13 के स्थान पर निम्नलिखित को स्थापित किया जावे--

(1) कुलपति विश्वविद्यालय का प्रधान प्रशास्री तथा विद्याविषषक अधिकारी होगा. बह कार्यकारिणी समिति का तथा विद्या परिषद्‌ का पदेन सदस्य तथा अध्यक्ष और वित्त समिति का अध्यक्ष तथा विश्वविद्यालय के ऐसे प्राधिकारियों, समितियों तथा निकायों का जिनका बह सदस्य हो, अध्यक्ष होगा. बह विश्वविद्यालय के किसी भी प्राधिकारी समिति अथवा अन्य निकाय के किसी भी बैठक

156

E (2) छत्तीसगढ़ राजपत्र, दिनांक 25 अगस्त 2005

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

में उपस्थित होने तथा बोलने का अधिकारी होगा, किन्तु वह उसमें मत देने का तब तक अधिकारी नहीं होगा जब तक कि वह ऐसे प्राधिकारी, समिति या निकाय का सदस्य न हो. यह सुनिश्चित करना कुलपति का कर्त्तव्य होगा कि, इस अधिनियम, परिनियमों, अध्यादेशों दथा विनियमों का निष्ठापूर्वक अनुपालन किया जे! रहा है और उसे इस प्रयोजन के लिये समस्त आवश्यक शक्तियां प्राप्त होंगी.

कुलपति को कार्यकारिणी समिति, विद्या परिषद्‌ के तथा विश्वविद्यालय के ऐसे अन्य प्राधिकारियों, समितियों तथा निकायों के जिनका वह अध्यक्ष हो, बैठक बुलाने की शक्ति होगी, वह विश्वविद्यालय के किसी अन्य अधिकारी को यह शक्ति प्रत्यायोजित कर सकेगा.

यदि कुलपति की राय में कोई ऐसी आपात स्थिति उत्पन्न हो गई हो, जिनमें Te कार्रवाई की जाना अपैक्षित हो, तो कुलपति ऐसी कार्रवाई करेगा जैसा कि वह आवश्यक समझे और तत्पश्चातू यथाशीघ्र अपनी कार्रवाई का प्रतिवेदन, ऐसे अधिकारी, प्राधिकारी, समिति या अन्य निकाय को, जो

"कि मामूली अनुक्रम में उस मामले के सम्बन्ध में कार्रवाई करेगा. परन्तु कुलपति द्वारा की गई-कार्रवाई से विश्वविद्यालय तीन माह से अधिक कालाबधि के लिए किसी भी आवर्ती व्यय हेतु वचनबद्ध नहीं होगा ;

परन्तु आगे यह भी कि जहां कुलपति द्वारा की गई कार्रवाई ऐसी कोई विश्वविद्यालय की सेवा पर प्रभाव डालती हो, वहां ऐसा व्यक्ति उस दिनांक से, जिसको कि ऐसी कार्रवाई की सूचना दी गईं हो, तीस दिवस के भीतर कार्यकारिणी समिति को पुनरावेदन करने का अधिकारी होगा ; परन्तु और यह भी कि, इस शक्ति का fae अध्यादेशों, परिनियमों एवं 'विनियमों में संशोधन से सम्बन्धित fret मामलों या पदों के सृजन और नियुक्तियों से सम्बन्धित fad मामलों पर विस्तारित नहीं होगा

उपधारा (4) के अधीन प्रतिवेदन प्राप्त होने पर यदि सम्बन्धित प्राधिकारी, समिति या निकाय कुलपति द्वारा की गई कार्रवाई का अनुमोदन न करे तो वह मामले को कुलाधिपति के समक्ष उल्लेखित करेगा. कुलाधिपति का निर्णय इस पर अंतिम होगा.

उपधारा (4) के अधीन कुलपति द्वारा की गई कार्रवाई समुचित प्राधिकारी द्वारा की गई कार्रवाई समझी जायेगी, जब तक कि उपधारा (5) के अधीन किये गये निर्देश के प्राप्त होने पर कुलाधिपति द्वारा उपेक्षित न कर दी जाये या उपधारा (4) के द्वितीय परंतुक के अधीन पुनरावेदन के किये जाने पर कार्यकारिणी समिति द्वारा उपेक्षित न कर दी जाये

यदि कुलपति की शय में कोई प्राधिकारी, समिति अथवा निकाय की कार्रवाई विश्वविद्यालय के हितों के प्रति हानिकारक हो तो ऐसे प्रकरण में कुलपति अपना अभिमत अंकित कर कुलाधिपति को उल्लेखित करेंगा तथा की गई कार्यवाही को सम्बन्धित प्राधिकारी, समिति अथवा निकाय को सूचित करेगा. प्रकरण पर लिया गया निर्णय तब तक प्रभावशील नहीं होगा जब तक कुलाधिपति द्वारा धारा 10 के उपधारा (6) के अधीन निर्णय नहीं दिया जाता है

कुलपति, विश्वविद्यालय के कार्यकलापों पर सामान्य नियंत्रण रखेगा और विश्वविद्यालय के भप्राधिकारियों के निर्णयों को प्रभावशील करेगा.

कुलपति अन्य ऐसी शक्तियों का प्रयोग करेगा जो कि परिनियमों, अध्यादेशों या विनिय्ममों द्वारा विहित की जावे

157

E राजपत्र, दिनांक 25 अगस्त 2005 384 (3) ५ . ,

धारा 20 का संशोधन, -

धार 21 का संशोधन,

पूल अधिनियम में घिश्व-

विद्यालय सभा तथा सभा

के लिए कार्यकारिणी

समित्ति शब्द का ITF.

धारा 22 का संशोधन.

= 26 का संशोधन.

कार्यकारिणी समिति को

छोड़कर ब्रिश्वविद्यालय के

प्राधिकारियों की sft

और कर्तव्य.

धारा 32 का संशोधन.

प्रिनियंम निर्माण,

10.

re

iBe oO

11.

12.

मूल अधिनियम की ura 20 कौ प्रविष्टि (1) का लोप किया जाये. भूल अधिनियम की धारा 21 का लोप किया जाये. क

waa कला-संगीत विश्वविद्यालय अधिनियम, 1956 (क्रमांक 19 सन्‌ 1956) में "विश्वविद्यालय सभा तथा "सभा ' शब्द जहां कहीं भी वे आये हों, के स्थान पर शब्द "कार्यकारिणी समिति'' प्रतिस्थापित किया जाये.

: मूल अधिनियम की धारा 22 के स्थान पर निम्नलिखित धारा स्थापित किया जाये--

(1) कार्यकारिणी समिति के निम्न सदस्य होंगे-

(i) कुलपति ;

(1) कुलाधिसचिव, यदि हो तो ; |

(iii) विश्वविद्यालय के संस्थापक के उत्तराधिकारी ;

(iv) सभी अधिष्ठाता ; | _ (५) -अधिष्ठाताओं के अतिरिक्त महाविद्यालय के दो प्राचार्य जो कुलाधिपति द्वाय नियुक्त किये गये हों अथवा वरिष्ठता के आधार पर चक्रानुसरण से दो प्राचार्य ;

(vi), विश्वविद्यालय अध्ययन विभाग का एक प्राध्यापक और प्राध्यापक न होने की स्थिति में एक प्रवाचक जो कुलाधिपति द्वारा बरिष्ठता के चक्रानुसरण से नियुक्त किया गया हो ; = (vil) छत्तीसगढ़ शासन उच्च शिक्षा विभाग के: सचिव अथवा उसके द्वारा मनोनीत व्यक्ति, जो उपसचिव से न्यून श्रेणी का न हो ;

(viii) कुलाधिपति द्वारा मनोनीत दो व्यक्ति (1५). राज्य विधान सभा द्वारा मनोनीत छत्तीसगढ़ विधान सभा के चार सदस्य. री

(2) उपधारा (1) के (९), (श),.(णा) तथा (15) में कार्यकारिणी सदस्यों का कार्यकाल अधिनियम की धारा 52 के अध्यधीन तीन वर्ष का होगा.

(3) अध्यक्ष को मिलाकर पांच सदस्यों से गणपूर्ति होगी. मूल अधिनियम की धारा 26 के स्थान पर निम्नलिखित धास स्थापित को जाये, यथा :-- इस अधिनियम के प्रावधानों के अध्याधीन रहते हुए, कार्यकारिणी समिति को छोड़कर विश्वविद्यालय के प्राधिकारियों का गठन, शक्ति एबं कर्त्तव्य ऐसे होंगे, जो परिनियम द्वारा बिहीत किये जायें. मूल अधिनियम की धारा 32 के स्थान पर निम्नलिखित धारा स्थापित की जाये ;-- .

(1) कार्यकारिणी समिति, नीचे दर्शाये तरीके से, समय-समय पर परिनियम निर्माण कर सकेगी, संशोधन कर सकेगी या विलोपषित कर सकेगी.

a

158

7 (4) छत्तोसगढ़ was, दिनांक 25 अगस्त 2005

(2) कार्यकारिणी समिति से पारित कराने के लिए कुलपति कार्यकारिणी के समक्ष किसी परिनियम का a प्रारूप प्रस्तुत कर सकेगा एवं ऐसे प्रारूप पर कार्यकारिणी समिति की अगली बैठक में विचार किया जायेगा.

(3) उपधारा (2) के अन्तर्गत सन्दर्भित ऐसे प्रारूप को कार्यकारिणी समिति सहमति देकर परिनियम पारित कर सकती है या उसे अस्वीकृत कर सकती है या उसके पूरे भाग या किसी एक भाग, कार्य- कारिणी द्वारा सुझाए संशोधनों सहित, कुलपति को पुनर्विचार हेतु वापिस कर सकती है. परन्तु कुलपति ऐसे किसी परिनियम को प्रस्तावित नहीं करेगा या किसी ऐसे परिनियम में संशोधन नहीं रखेगा जिससे विश्वविद्यालय के विद्यमान प्राधिकारी की शक्ति और गठन प्रभावित होते हों, जब तक कि ऐसे प्राधिकारी को प्रस्ताव पर अपना मत व्यक्त करने का मौका न दिया गया हों तथा ऐसा कोई मत लिखित में हो तथा कार्यकारिणी द्वारा विचारित किया जायेगा

का

(4) उपधारा (3) के अन्तर्गत वापिस किये गये प्रारूप पर कुलपति द्वारा कार्यकारिणी समिति द्वारा सुझाए गए संशोधन सहित, यदि कोई हो, आगे विचार करने के पश्चात्‌ उसे पुन; कार्यकारिणी समिति के समक्ष कुलपति के प्रतिवेदन सहित प्रस्तुत किया जायेगा तथा उसके बाद कार्यकारिणी समिति उसका निराकरण-करेगी जैसा वह उचित समझे.

(5) हर नया परिनियम अथवा परिनियम में कोई जोड़ था परिनियम में संशोधन या परिनियम के निरस्तीकरण के लिए कुलाधिपति की पूर्व स्वीकृति आवश्यक होगी जो उसे स्वीकृत कर सकेगा, अस्बीकृत या आगे विचार के लिए वापिस कर सकेगा

रायपुर, दिनांक 24 अगस्त 2005

क्रमांक/6885/21-अ/प्रारुपण/04.-- भारत के संविधान के अनुच्छेद 348 के खण्ड (3) के अनुसरण में छत्तीसगढ़ इंदिरा कला-संगीत विश्वविद्यालय अधिनियम (संशोधन) अधिनियम, 2005 (क्र. 12 सन्‌ 2005) का अंग्रेजी अनुवाद राज्यपाल के प्राधिकार से एतद्द्वारा प्रकाशित किया जाता है न

छत्तीसगढ़ के राज्यपाल के नाम से तथा आदेशानुसार,

विमला सिंह कपूर, उप-सचिव.

159

4 छत्तीसगढ़. राजपत्र, दिनोंक 25 अगस्त 2005 ; * 384 (5) CHHATTISGARH ACT =

(No. 12 of 2005 )

THE INDIRA KALA SANGIT VISHWAVIDYALAYA ADHINIYAM

(SANSHODHAN) ADHINIYAM, 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 :-- हि

1. (1) This Act may be called the Indira Kala Sangit Vishwavidyalaya (Sanshodhan) Short title and Com- Adhiniyam, 2005.. 'mencement.

~

(2) It shall come into force from the date of its publication in the Official Gazette.

2. 'In this Act unless the context othrwise requires -— Definition.

"Principal Adhiniyam" means the Indira Kala Sangit Vishwavidyalaya Adhiniyam, 1956 (No. XIX of 1956)

3. For section 12 of the Principal Adhiniyam, following shall be substituted namely :— Amendment of Section ' | i 2

(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 ; (it) One person nominated by the Chairman of the University Grants Commission ;

—One person nominated by the Kuladhipati.

The Kuladhipati shall appoint one of the three persons to be the Chairman:

of the committee.

(3) #क 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 10 do so within one month of the receipt of the communication in this regard, the Kuladhipati may, nominate any as nomi- nee 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 consti- tution or such further time not exceeding four weeks as may by extended by the Kuladhipati

160

(6) छत्तीसगढ़ राजपत्र, दिनांक 25 अगस्त 2005 ' > Amendment of Section 4,

12-A.

Amendment — Section 5

12-B.

Amendment of Section 6.

13.

(6)

(7)

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 constitu. another committee consisting of three persons net connected with the Vishwavidyaiaya or any college, one of whom shall be designated as the Chairman. The committee so constituted shal! submit a panei 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.

If the committee constituted under sub-section (6) fails to submit the pane] within the period specified therein, the Kuladhipati may appoint any person whom he deems fit, to be the Kulpati. ,

for section 12-A of the Principal Adhiniyam the following section shall be substituted namely :—

(1)

(2)

(3) .

(4)

The Kulpati shall be a whole-time sularied officer of the Vishwavidyalaya and his emoluments and other terms and conditions of service shall be prescribed by the Statutes.

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 unul his successor is appointed and enters upon his office but this period shall not in any case exceed six months

The person holding office of the Kulpatiin the Vishwavidyalaya immedietly before the commencement of this Sanshodhan Adhiniyam shail continue to hold his office till the expiry of his term of office notwithstanding anything contained in the proviso to sub-section (2),

In the event of the occurrence of any vacancy including a temporary vacancy in the oftice of the Kulpati by reason of his death, resignation, ieave, "illness or otherwise, the Kuladhisachiva and if no Kuladhisachiva has been appointed or if the Kuladhisachiva is not available, the Adhishthala 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 35 the case may be upon his office :

Provided that the arrangement contemplated in this sub-section shali not continue for a period of more than six months

Section 12-B of the Principal Adhiniyam shal! be omitted.

For section 13 of the Principal Adhiniyam, following shall be substituted namely :-—

(1) ~ The Kutapati shall be the principal administrative and academic officer of the Vishwavidyalaya. re shall be ar ex-vfficio member and Chairman of the Karyakarini Samiti and of the Vidya Parishad and Chairmaa of the Vitta Samiti and Chairman of such other authorities, committces and bodies of the Vishwa- vidyalaya of which he is a meruber. He shall be entitled 16 be present and to sneak at any meeting of any authority, committee or other body of the Vishwa- vidyalaya-but shail not be entitied to vote thereat unless he is a member of such authority, committee or body.

161

छत्तीसगर्ढ़ राजपत्र, दिनांक 25 अगस्त 2005 384 (7) i

e

|

(2)

(3)

(4)

(5)

(6)

(8)

(9)

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.

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.

If in the opinion of the Kulapati any emergency has arisen which requires imme- diate action to be taken, the Kulapati shall take such actions as he deems neces- sary 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 Vishwa- vidyalaya 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. On receipt of a report under sub-section (4) of the authority, committee or body concemed does not approve the action taken by the Kulapati, Kulapati shall'refer the matter to the Kuladhipati whose decision thereon shall be final. The Action taken by the kulapati under sub-section (4) shall be deemed to be the action taken by the appropriate authority until itis 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).

. 1

If in the opinion of the Kulapati, any proceeding of any authotity, 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.

The Kulapati shall exercise general control over the affairs of the Vishwavidyalaya and shall give effect to the decisions of the authorities of the Vishwavidyalaya. The Kulapati shall exercise such other power as may be prescribed by the Statutes, Ordinance and Regulations.

i

Entry (1) of Section 20 of the Principal Adhiniyam shall be omitted. Section 21 of the Principal Adhiniyam shall be omitted.

Inthe 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.

Amendment of Section -

20.

Amendment of Section

21.

Substitution of words

"Karyakarini Samiti"

for the wards "Sabha"

in the Principal _ Adhiniyam.

162

न (8) = राजपत्र, दिनांक 25 अगस्त .2005 Amendment of Section 10. For Section 22 of the Principal Adhiniyam the following section shall be substituted, namely --—

Karyakarini Samiti. (1) The Karyakarini Samiti shall consist of the following persons namely :—

(i) Phe Kulapati,

(ii) The Kuladhisachiy, if any, 4 (iit) 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 Vishwa- vidyalaya 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 Kuladhipat... ©

(ix) Four members of the Chhattisgarh Vidhan Sabha, nominated by the rajya ' yidhan Sabha, *

(2). The tenn of office of persons becoming members of the Karyakarini Samiti under items : (४), (vi), (viii) and (ix) shall, subject to Section 52 of the Adhiniyam, be 3 years.

के

(3)... Five members inclusive of the Chairman shall] form a quorum. amendment of Section 11. For section 26 of the Principal Adhiniyam the following shall be substituted, namely :-— Powers and duties of — Subject to the provisions of this adhiniyam the constitution, powers and duties of the aurhorities of the. authorities of the Vishwavidyalaya, save that of the Karyakarini Samiti shall be pres- ishwavidyala, save : ' that of Karyakarini cribed by the Statutes.

Samiti.

Amendment of Section 12. — For Section 32 of the Principal Adhiniyam the following shall be substituted, namely :—

32,

Statutes how made. (1) ' The Karyakarini Samiti 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 shali be considered by the Karyakarini Samiti at its next meeting.

-' (3) The Karyakaririi Samiti 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 reconsi- deration either in whole or in part, together with any amendments which the karyakarini Samiti may suggest. a -

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 authonty has been given an opportunity

163

छत्तीसगढ़ राजपत्र, दिनांक 25 अगस्त 2005 "384 (9)

A

e of expressing an opinion upon the proposal, and any opinion so expressed shail

. be in writing and shal] be considered by the Karyakarini Samiti.' (की. After any draft returned under sub-section (3) has been further considered by the Kulapati together with any amendment suggested by -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.

(3) 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

संचालक, मुद्रण तथा लेखन सामग्री, छत्तीसगढ़ द्वारा शासकीय क्षेत्रीय मुद्रणालय, राजनांदगांव से मुद्रित तथा प्रकाशित - 2005.

164

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872 (rl Short fitle ,nd commencement.

CHHATTISCARH ACT

(No. 28 of 2015)

THE INDIRA KALA SANGIT VISHWAVIDYALAYA (SANSHODHAN) ACT, 2015

An Act to further to amend the Indira Kala Sangit Vishwavidyalaya Act,1956 (No. XIX of 19s6).

Be it enacted by the Chhattisgarh Legislature in the Sixty-sixth Year ofthe Republic of India, as follows:-

l. (1) This Act may be called the Indira Kala Sangit Vishwavidyalaya (Sanshodhan) Act,20l5.

(2) [t shall come into force from the date ofits publication in the Official Gazette. In sub-section (2) ofsection l2-A of the Indira Kala Sangit Vishwavidyalaya Act,

1956 (No. 19 of 1956 ), (hereinafter referred to as the Principal Act), fortheword "four", the number "5" shall be substituted. After clause (xvi) ofSection 33 of the Principal Act, the following shall be added, namely :- "(xvii) UniversityStudentsUnion." Amendment Section l2-A. Amendment Section.l3- of 2. daa*, gror au tea vrnf, y*wG am !flsffq {Eun-dq, {rqgr i gbd aqr r*rRrd - 20rs.

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CHHATTISGARH ACT

(No.17of 2019) TIIE INDIRA KAI"A SAIYGIT VISIIWAVIDYALAYA

2019

(SANSHODHAN ) ADHINTYAM,

An Act to further amend the Indira Kala Sangit Vishwavidyalaya Adhiniyam, 1956 (No.XD(of 195Q. Be it enacted by the chhattisgarh Legislature in the Seventieth year of the Republic oflndia, as follows :-

l' (1) This Act may be called the Indira Kala Sangit Vishw avidyalaya(Sanshodhan) Act,20l9.

@ It shall come into force from the date of its publication in the OfficialGazette.

2. In chhattisgarh Indira Kara Sangit vishwavidyalayaAct, 1956 (No. XIX of 1956), in Section l2-A, for sub-section (4), the following shall be substituted, namely :-

*(4) In the event of occurence of any vacancy in the office of the Kulapati by reason of his death, resignation, leave, illness or otherwise inchaing a temporary vacancy, the Rector and if no Rector has been appointed or if ihe Rector is not available then on recommendation ofthe Stati -Government,

the

Dean of any faculty or the Senior most Professor of the University feac'tring DeparEnent or any Officer not below the rank of Special Secretaryto the St# Government to be nominated by the Kuladhipati for that purpose shall act as the Kulapati until the date on which Kulapati is appointed, ior filling such vacancy, under sub-section (7) ofSection 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.,,

Short title and

commencement.

Amendment

Section l2-A.

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. CHHAITISGARHACT

(No.3 of 2022) TI{E INDIRA KALA SANGIT VISHWAVIDYALAYA (SANSHODHAN) ADHINTYAM,2O2l

An Act frrther to amend the IndiraKalaSangitVishwavidyalayaAdhiniyam, 1956 (No. )O(of 1956).

Be it enacted by the Chhattisgarh Legislature in the Seventy Second Year ofthe Republic of lndia, as follows:-

1. (1) This Act may be called the Indira Kala Sangit Vishwavidyalaya shorr tirte, extent (Amendment)Adhiniyam,202l.

.orrlJJ._.o,.

@ It shall extend to the whole State of Chhattisgarh.

(3) It shall come into force from the date of its publication in the Official Gazette

2. InthelndiraKalaSangitVishwavidyalayaAc! 1956(No.XXof 1956),inproviso Amendment of of sub-section (2) of Section l2-A,for the figure "65", the figure "70" shall be Section l2-A- substituted.

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174

SECTIONS