THE CHHATTISGARH
VISHWAVIDYALAYA ADHINIYAM, 1973
[THE CHHATTISGARH VISHWAVIDYALAYA
ADHINIYAM, 1973]
[Act No. 22 of 1973]
[20th April, 1973]
PREAMBLE
An
Act to consolidate and amend the law relating to Universities and to make
better provision for the organisation and administration of Universities in
Chhattisgarh.
Be
it enacted by the Chhattisgarh Legislature in the Twenty-fourth Year of the
Republic of India as follows:
CHAPTER I – PRELIMINARY
Section 1 - Short Title, Extent and Commencement.
(1)
This Act may be called the
Chhattisgarh Vishwavidyalaya Adhiniyam, 1973.
(2)
It extends to the whole of
Chhattisgarh.
(3)
It shall come into force on such date as
the State Government may, by notification, appoint.
Section 2 - Repeal and Saving.
As
from the date appointed under sub-section (3) of Section 1, hereinafter in this
section and Section 3 referred to as the appointed date the following
consequences shall ensue, namely:
(i)
the enactment mentioned in the First
Schedule shall stand repealed (hereinafter in this section and Section 3
referred to as the repealed enactment);
(ii)
the Universities established under the
repealed enactments shall be deemed to be the Universities established under
this Act and shall be known by the names of the respective Universities with
headquarters at places and territorial jurisdiction over the areas as specified
in the Second Schedule;
(iii)
all the assets and liabilities of the
respective Universities referred to in clause (ii) shall vest in the respective
Universities deemed to be established in their place under this Act;
(iv)
all appointments made, notifications
and orders issued, degrees, diplomas or certificate conferred or issued,
privileges granted or other things done under the repealed enactments and in
force immediately before the date aforesaid shall be deemed to have been
respectively made, issued, conferred, granted or done under this Act;
(v)
all Statutes, Ordinances and
Regulations made by various authorities of respective Universities under the
repealed enactments and in force immediately before the date aforesaid shall,
in so far as they are not inconsistent with the provisions of this Act be
deemed to be Statutes, Ordinances and Regulations made by the appropriate
authorities of the respective Universities under the relevant provisions of
this Act:
Provided
that the Statutes and Ordinances deemed to be so shall cease to be in force on
expiry of a period of one year from the appointed date or on the date of coming
into force of the first Statutes, Ordinances, as the case may be, drawn under
Section 38 whichever is earlier;
(vi)
all employees belonging to or under
the control of the respective Universities referred to in clause (ii)
immediately before the appointed date shall be deemed to be employees of the
respective Universities deemed to be established in their place under this Act,
on the same terms and conditions as applicable to them before the date
aforesaid until altered in accordance with the provisions of this Act and the
Statutes and Ordinances made thereunder;
(vii)
all records and papers belonging to
the Universities referred to in clause (ii) shall vest in the respective
Universities deemed to be established in their place under this Act.
Section 3 - Transitory provisions.
Notwithstanding
anything contained in this Act,—
(i)
The Kulpatis in office immediately
before the appointed date shall continue in office for the term prescribed
under the respective repealed enactments:
Provided
that such Kulpati as has attained the age of sixty-four years on or before the
appointed date shall continue in office for such period as the Kuladhipati may,
by order, specify but such period shall not exceed the remainder of his term
under the relevant repealed enactment;
(ii)
authorities, committees or bodies of
the respective Universities constituted under the repealed enactments shall
continue to function till such time at they are reconstituted in accordance
with the provisions of this Act but such period shall not exceed one year from
the date aforesaid;
(iii)
life members, of any such authorities,
shall cease to be so on the expiration of the period specified in clause (ii)
above, unless continued to be so in accordance with the provisions of this Act.
Section 4 – Definitions.
In
this Act, unless the context otherwise requires,
(i)
“Board of studies” means the Board of
Studies of the University;
(ii)
“Scheduled Tribes” means the Scheduled
Tribes specified in relation to this State under Article 342 of the
Constitution of India;
(iii)
“Scheduled Castes” means the Scheduled
Castes specified in relation to this State under Article 344 of the
Constitution of India;
[(iii-a) xxx]
(iv)
“Employee” means any person appointed
by the University and includes teachers and other staff of the University;
(v)
“Executive Council” means the
Executive Council of the University;
(vi)
“Kulpati” means the Kulpati of the
University;
(vii)
“Kuladhipati” means the Kuladhipati of
the University;
(viii)
“Hall” means a unit of residence or of
corporate life for the students of the University, College or Institution
provided, maintained or recognised by the University;
(ix)
“Statutes”, “Ordinances” and
“Regulations” means the Statutes, Ordinances and Regulations of the University,
as the case may be, in force for the time being;
(x)
“Principal” means the Head of a
College and includes, when there is no Principal, the person for the time being
duly appointed to act as Principal;
(xi)
“School of Studies” means an institution
maintained by the University as place for higher learning and research;
(xii)
“College” means an institution
maintained by, or admitted to the privileges of the University by or under the
provisions of this Act;
(xiii)
“Head of a College Department” means
the head of any department of a college;
(xiv) “Registered graduate” means a graduate registered or deemed
to be registered under the provisions of this Act;
(xv)
“Academic Council” means the Academic
Council of the University;
(xvi) “Department” means a Department of Studies and includes a
Centre of Studies;
(xvii) “University” means—
(i)
the University deemed to be
established under this Act and specified in Part I of the Second Schedule; and
(ii)
the University which may be
established after the commencement of this Act and specified in Part II of the
Second Schedule;]
(xviii) “University Grants Commission” means the Commission
established under the University Grants Commission Act, 1956 (No. 3 of 1956);
(xix) “Head of a University Department” means the head of
any Teaching Department maintained by the University for imparting instructions
to the students of the University and includes the Director or Principal of any
institute or college maintained by the University for the promotion of research
or for imparting instructions to the students of the University;
(xx) “Teachers of the University” means Professors,
Readers, [x
x x] Lecturers and such other persons as may be appointed for imparting
instructions or conducting research, with the approval of the Academic Council
in the University or the College or Institution maintained or recognised by the
University;
(xxi) “Person connected with a University or a College”
means an employee of the University or a College or a member of any authority
or body of the University or of the management of the College.
(xxii) “Autonomous College” means an education institution
declared as autonomous college by the Executive Council in accordance with the
provisions of this Act;
(xxiii) “Faculty” means Faculty of the University;
(xxiv) “Affiliated College” means an institution admitted
to the privileges of the University in accordance with the provisions of this
Act and the Statutes;
(xxv) “Court” means the Court of the University;
(xxvi) “Co-ordination Committee” means the Co-ordination
Committee constituted under Section 34.
Section 5 - Incorporation of University.
(1)
The Kuladhipati and Kulapati of each
University [specified
in Part I of the Second Schedule] and the members of the Court, of the
Executive Council and of the Academic Council thereof shall constitute a
University and the University so constituted shall be body corporate by the
name of the respective University [specified
in Part I of the Second Schedule].
[(1-a) The Kuladhipati, the first Kulpati, and the first
member to the Court, of the Executive Council and of the Academic Council of
each University established after the commencement of this Act and specified in
Part II of the Second Schedule and all persons who may hereafter become such
officers or members thereof are, so long as they continue to hold such office
or membership, hereby constituted a body corporate by the name of the
respective University specified in Part II of the Second Schedule.]
(2)
The University shall have perpetual
succession and a common seal and shall sue and be sued by the said name.
(3)
Subject to the provisions of this Act,
the University shall be competent to acquire and hold property, both movable
and immovable, to lease, sell or otherwise transfer any movable or immovable
property which may have become vested in, or may have been acquired by it for
the purpose of the University and to contract and do all other things necessary
for the purposes of this Act.
(4)
The headquarters of the University
shall be located at the place specified in the Second Schedule.
Section 6 - Powers of University.
Subject
to the provisions of the Act, the University shall have the following powers,
namely:
(1)
to provide for instruction in such
branches of learning as the University may, from time to time determine and to
make provision for research and/or the advancement and dissemination of
knowledge.
(2)
to provide instruction including
correspondence and such other courses to such persons as are not members of the
University, as it may determine:
[Provided that the University shall not provide
instructions through correspondence save with the previous sanction of
the [State
Government;
(3)
to organize University laboratories,
libraries, museums and other equipment for teaching and research;
(4)
to establish, maintain and manage
colleges, teaching departments, school of studies, Centres of Studies and
Halls;
(5)
(a) to institute Professorship,
Readership, [x
x x], Lecturerships and any other academic or teaching posts required by the
University and to appoint persons to such posts in accordance with provisions
of this Act;
(b)
to appoint persons working in any University or organisation as teachers of the
University for a specified period;
(6)
to recognise teachers as qualified to
give instructions in Colleges;
(7)
to recognise persons eminent in any
subject to guide research in this subject;
(8)
to lay down the courses of
instructions for various examinations;
(9)
to institute degrees, diplomas,
certificates and other academic distinctions;
(10)
to grant subject to such conditions as
the University may determine, diplomas or certificates and confer degrees and
other academic distinctions on the basis of examinations, evaluation or any
other method of testing:
Provided
that no person shall be admitted to an examination leading to any degree of the
University, unless such person, if he has offered a student for such
examination for which a course of practical work is prescribed, has completed
such work in a University Teaching Department or a School of Studies or a
College and produces a certificate of such completion from the Head of the
Teaching Department or School of Studies or the Principal of the College:
Provided
that no person shall be admitted to:
(i)
any examination in the Faculty of
Science other than that leading to a degree of Bachelor of Science or a degree
of Master of Science in Mathematics;
(ii)
any examination in the Faculties other
than the Faculty of Arts, the Faculty of Social Science and the Faculty of
Commerce;
Unless
he has pursued a course of studies in a University Teaching Department, a
School of Studies or a College:
Provided
further that the State Government may, by notification, permit the admission of
women candidates to an examination leading to a Bachelor’s degree in the
Faculty of Law without pursuing a course of studies in a University Teaching
Department, School of Studies or a College;
(11)
to confer degrees and other academic
distinctions on persons who have carried on research under conditions laid down
in the Ordinances;
(12)
to withdraw degrees, diplomas,
certificates and other academic distinctions for good and sufficient reasons;
(13)
to confer honorary degrees or other
academic distinctions on approved persons in the manner prescribed in the
Statutes;
(14)
to provide such lectures and
instructions for and to grant such diplomas and certificates to persons who are
not enrolled as students of the University, as the University may determine;
(15)
to admit to its privileges Colleges
not maintained by the University, to withdraw all or any of the these
privileges and to take over the management of Colleges in the manner and under
conditions prescribed by the Statutes or the Ordinances;
(16)
to declare a Teaching Department of
the University, School of Studies or College as autonomous College:
Provided
that the extent of the autonomy which such Teaching Department of the
University, School of Studies or a College may have and the matters in relation
to which it may exercise such autonomy, shall be such as may be prescribed by
the Statutes;
(17)
to conduct, co-ordinate, regulate and
control teaching and research work in the colleges and the institutions
recognised by the University;
(18)
to recognise halls not maintained by
the University and withdraw any such recognition in the manner prescribed in
the Statutes and the Ordinances;
(19)
to inspect colleges and recognised
institutions and to take measures to ensure that proper standards of
instructions, teaching and training are maintained in them;
(20)
to promote with special care the
educational interest of the weaker sections of the people and in particular of
the Scheduled Castes and the Scheduled Tribes;
(21)
to provide to the teachers and alumni
of the University facilities of refresher and vacation courses;
(22)
to co-operate with other Universities
and authorities in such manner and for such purposes as the University may
determine;
(23)
to take by itself or in co-operation
with other Universities or the State Government or the Union Government special
measures for the promotion and the development of the study of Hindi;
(24)
to make provision for—
(a)
extramural teaching and extension
service;
(b)
correspondence course;
(c)
Physical training;
(d)
Sports and atheletic activities;
(e)
Social service schemes;
(f)
National Cadet Corps;
(g)
Student Union;
(25)
to provide for training for
competitive examinations for services under the Union or the State Government
and such other training as may contribute to national development;
(26)
to institute and manage—
(a)
Information Bureau;
(b)
Employment Bureau; and
(c)
Printing and Publication Department
and Translation Bureau;
(27)
to supervise and control the residence,
conduct and discipline of students of the University and to make arrangements
for promoting their health and general welfare;
(28)
to demand and receive payment of such
fees and other charges as may be prescribed by the Ordinances;
(29)
to prescribe and control the fees and
other charges which may be received or recovered by colleges;
(30)
to create administrative, ministerial
and other necessary posts and to make appointments thereto;
(31)
to exercise control over the salaried
officers, teachers and other employees of the University in accordance with the
Statutes and the Ordinances;
(32)
to hold and manage trusts and endowments
and to institute and award fellowships, scholarships, exhibitions, bursaries
medals and other awards;
(33)
to receive donations and grants and to
invest funds in accordance with the provisions of this Act;
(34)
with the prior approval of the [State
Government] to borrow on the security of University property money for the
purposes of the University;
(35)
to determine standards for admission
into the University which may include examination, evaluation or any other
method of testing;
(36)
to make special arrangements in
respect of women students as the University which may consider desirable;
(37)
to make arrangements for promoting the
health and general welfare of the employees;
(38)
to do all such acts and things,
whether incidental to the powers aforesaid or not, as may be requisite in order
to further the objects of the University.
Section 7 - Territorial Jurisdiction.
(1)
Save as otherwise provided in this
Act, the powers conferred on the University by or under this Act shall not
extend beyond the limits of the territorial jurisdiction specified in Second
Schedule from time to time:
Provided
that the State Government may authorise the University to associate or to admit
to any of its privileges to colleges situated within the State outside the
aforesaid limits in accordance with the provisions of this Act and the Statutes
made thereunder:
[Provided further that where the University provides for
instruction through correspondence nothing contained in this section shall be
construed to debar the University from admitting to such course of instructions
students residing outside the aforesaid limits:]
[Provided also that for imparting oriental Sanskrit
education, any Sanskrit College imparting oriental Sanskrit education in
Chhattisgarh shall be affiliated either to the Awadhesh Pratapsingh University,
Rewa or any other University which the State Government may notify:]
[Provided also that the State Government may, in accordance
with the rules framed in this behalf, permit any University in Chhattisgarh to
collaborate with any Institution outside the State of Chhattisgarh or abroad
for carrying out partly or wholly any of its teaching or research activities.]
(2)
Notwithstanding anything contained in
any other law for the time being in force, no college or educational
institution situated within the territorial limits of any University shall be
associated in any way or be admitted to any privileges of any other University
incorporated by law in India and any such privilege granted by any such other
University to any education institution within these limits prior to the date
of the establishment of the University shall be deemed to be withdrawn on such
establishment.
[(2-A)-(2-D)xxx]
(3)
Nothing contained in this section
shall be applicable to the case of colleges or other educational institutions:
(a)
imparting instructions exclusively in
agriculture and allied sciences and admitted or deemed to be admitted to the
privileges of the Jawaharlal Nehru Krishi Vishwa Vidyalaya Act, 1963 (No. 12 of
1963); and
(b)
imparting instructions exclusively in
Music and Fine Arts or either of item and admitted or deemed to be admitted to
the privileges of Indira Kala Sangit Vishwavidyalaya Act, 1956 (XIX of 1956).
[(c) xxx]
Section 8 - Prohibition of discrimination in all matters connected with University.
The
University shall not discriminate against any citizen of India on grounds of
religion, race, caste, sex, place of birth, political or other opinion or any
one of them in the exercise of powers or performance of functions conferred or
imposed upon it by or under this Act.
Section 9 - Teaching in University.
All
recognised teaching in the University course, the authorities responsible for
organizing such teaching and courses and curriculum shall be such as may be
prescribed by Statutes, Ordinances or Regulations as the case may be.
Section 10 - Inspection of University and College.
(1)
The Kuladhipati may, on his own
motion, and shall on a request made by the State Government cause an inspection
to be made by such person or persons as he may direct, of the University, its
buildings, laboratories, museums, workshops and equipments and of any College or
Institution maintained by the University or admitted to its privileges and also
of the Examinations, teaching and other work conducted or done by the
University and cause an inquiry to be made in like manner in respect of any
matter connected with the administration or finances of the University,
Colleges or Institutions.
(2)
The Kuladhipati shall, in every case,
give notice of his intention to cause an inspection or inquiry to be made—
(a)
to the University, if such inspection
or inquiry is to be made in respect of the University, College or Institution
maintained by it;
(b)
to the management of the College or
Institution if the inspection or inquiry is to be made in respect of a College
or Institution admitted to the privileges of the University, and the University
or management, as the case may be, shall be entitled to appoint a
representative who shall have to right to be present and be heard at such
inspection or inquiry.
(3)
Such person shall report to the
Kuladhipati the result of such inspection or inquiry and the Kuladhipati shall
communicate through the Kulpati to the Executive Council or the said
management, as the case may be, his views with reference to the result of such
inspection or inquiry and shall after ascertaining the opinion of the Executive
Council or the management thereon advise the University or the management upon
the action to be taken:
Provided
that where an inspection or inquiry is caused on a request from the State
Government, the Kuladhipati shall take action under this sub-section in consultation
with State Government.
(4)
The Executive Council or the
management, as the case may be, shall communicate through the Kulpati to the
Kuladhipati such action, if any, as it has taken or may propose to take upon
the result of such inspection or enquiry and such report shall be submitted
within such time as the Kuladhipati may direct.
(5)
Where the Executive Council or the
management, does not, within a reasonable time, take action to the satisfaction
of the Kuladhipati, the Kuladhipati may, after considering any explanation
furnished or representation made by the Executive Council or the management,
issue, in consultation with the State Government, such directions as he may
think fit and the Executive Council or management as the case may be, shall
comply therewith.
Section 10A - Enquiry against Kulpati, Rector or Registrar under the Chhattisgarh Lokayukt Evam Up-Lokayukt Adhiniyam, 1981.
[(1) Notwithstanding anything contained in Section 10, the
Kuladhipati may refer to the Lokayukt or Up-Lokayukt for enquiry, any complaint
or allegation against Kulpati, Rector or Registrar.
(2) On receiving the report of the Lokayukt or Up-Lokayukt,
pursuant to the provisions of sub-section (1) or otherwise, the Kuladhipati
may, in his discretion, take action without following the procedure laid down
in sub-sections (3), (4) and (5) of Section 10, but in accordance with other
relevant provisions of the Adhiniyam and the Rules or Statutes made o
thereunder.]
Section 11 - Officers of University.
The
following shall be the officers of the University, namely:
(i)
the Kuladhipati;
(ii)
the Kulpati;
[(ii-a) the Rector];
(iii)
the Deans of the Faculties;
(iv)
the Registrar;
(v)
the Dean of Students Welfare; and
(vi)
such other officers in the service of
the University as may be declared by the statutes to be officers of the
University.
Section 12 - Kuladhipati and his powers.
(1)
The Governor of the Chhattisgarh shall
be the Kuladhipati of University.
(2)
The Kuladhipati shall, by virtue of
his office, be the Head of the University and the President of the Court and
shall, when present preside at meetings of the Court and at any convocation of
the University.
(3)
The Kuladhipati may,
(a)
call for any papers or information
relating to the affairs of the University; and
(b)
[for reasons to be recorded, refer any matter except a
matter falling under Section 55] for reconsideration to any officer or
authority of the University that has previously considered such matter.
(4)
The Kuladhipati may, by an order in
writing, annul,
(a)
any proceedings [x
x x] of any officer, authority, Committee or body of the University,
constituted by or under this Act, which is not in conformity with this Act, the
Statutes, Ordinances or the Regulations; or
(b)
any proceedings of any authority,
Committee or other body which has been referred to him by the Kulpati under
sub-section (7) of Section 15, if he is satisfied that such proceedings are
prejudicial to the interests of the University:
Provided
that before making such order he shall call upon the officer, authority, committee
or body 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 conside
the same.
[(4-A) Where the Kuladhipati passes an order annulling the
proceedings under sub-section (4), he may make such subsequent order in
relation thereto in conformity with this Act, Rules, Statutes, Ordinances or
Regulations as he may deem fit in the interest of the University and the order
so made shall be final.]
(5)
Every proposal to confer an honorary
degree shall be subject to the confirmation of the Kuladhipati.
(6)
The Kuladhipati shall exercise such
powers as may be conferred on him by or under this Act.
Section 13 - Appointment of Kulpati.
(1)
The Kulpati shall be appointed by the
Kuladhipati from a panel of not less than three persons recommended by the
Committee constituted under sub-section (2) or 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:
[Proviso xxx]
[Provided also that the first Kulpati of each University
specified in Part II of the Second Schedule shall be appointed by the
Kuladhipati after consultation with the State Government.]
(2)
The Kuladhipati shall appoint a
committee consisting of the following persons, namely:
(i) one person elected by the Executive Council;
[(ii) one person nominated by the Chairman of the
University Grants Commission];
(iii) one person nominated by the Kuladhipati.
The
Kuladhipati shall appoint one of the three persons to be the Chairman of the
Committee.
[(3) For constituting the committee under sub-section (2),
the Kuladhipati shall, fix months before the expiry of the term of the Kulpati,
call upon the Executive Council and the Chairman of the University Grants
Commission to choose their nominees and if any or both of them fail to do so
within one month of the receipt of the Kuladhipati’s communication in this
regard, the Kuladhipati may, further nominate any one or both the persons, as
the case may be.
(4) No person who
is connected with the University or any College shall be elected or nominated
on the committee under sub-section (2).
(5) The committee shall
submit the panel within six weeks from the date of its constitution or such
further time not exceeding four weeks as may be extended by the Kuladhipati.
(6) If, for any
reasons, the committee constituted under sub-section (2) fails to submit the
panel within the period specified in sub-section (5), the Kuladhipati shall
constitute another committee consisting of three persons, not connected with
the University or any College, one of whom shall be designated as the Chairman.
The committee so constituted shall submit a panel of three persons within a
period of six weeks or such shorter period as may be specified from the date of
its constitution.
(7) If the
committee constituted under sub-section (6) fails to submit the panel within
the period specified therein the Kuladhipati may appoint any person whom he
deems fit, to be the Kulpati.
Section 14 - Emoluments and conditions of service of Kulpati, term of office of and vacancy in the office of Kulpati.
(1) The Kulpati
shall be a whole time salaried officer of the University and his emoluments and
other terms and conditions of service shall be prescribed by the Statutes.
[(2) The Kulpati shall hold office for a term of four years
and shall not be eligible for appointment for more than two terms:
[Proviso x x x]
Provided [x
x x] that notwithstanding the expiry of his te’rm he shall continue to hold
office until his successor is appointed and enters upon his office but this
period shall not in any case exceed six months.
(2-A) The person holding office of the Kulpati in any
university immediately before the commencement of the Chhattisgarh
Vishwavidyalaya (Sanshodhan) Adhiniyam, 1988, shall continue to hold his office
till the expiry of his term of office notwithstanding anything contained in the
first proviso to sub-section (2).]
(3) If at any time upon representation made or otherwise
and after making such enquiries as may be deemed necessary, it appears to the
Kuladhipati that the Kulpati—
(i)
has made default in performing any
duty imposed on him, by or under this Act; or
(ii)
has acted in a manner prejudicial to
the interests of the University; or
(iii)
is incapable of managing the affairs
of the University the Kuladhipati may, notwithstanding the fact that the terms
of office of the Kulpati has not expired by an order in writing stating the
reasons therein, require the Kulpati to relinquish his office as from such date
as may be specified in the order.
(4) No order under
sub-section (3) shall be passed unless the particulars of the grounds on which
such action is proposed to be taken are communicated to the Kulpati and he is
given a reasonable opportunity of showing cause against the proposed order.
(5) As from the
date specified in the order under sub-section (3), the Kulpati shall be deemed
to have relinquished the office and the office of the Kulpati shall fall
vacant.
[(6) In the event of the occurrence of any vacancy
including a temporary vacancy in the office of the Kulpati by reason of his
death, resignation, leave, illness or otherwise, the Rector and if no Rector
has been appointed or if the Rector is not available, the Dean of any faculty
or the senior most Professor of University Teaching Department nominated by the
Kuladhipati for that purpose shall act as the Kulpati until the date on which
the Kulpati appointed under sub-section (1) or sub-section (7) of Section 13,
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.]
Section 15 - Powers and duties of Kulpati.
(1)
The Kulpati shall be the principal
administrative and academic officer of the University and shall in the absence
of the Kuladhipati preside at the meetings of the Court. He shall be an
ex-officio member and Chairman of the Executive Council and the Academic
Council, member of the Court, and Chairman of such other authorities,
committees and bodies of the University of which he is a member.
He
shall be entitled to be present and to speak at any meeting of any authority,
committee or other body of the University but shall not be entitled to vote
thereat unless he is a member of the authority, committee or body concerned.
(2)
It shall be the duty of the Kulpati to
ensure that this Act, the Statutes, the Ordinances and the Regulations are
faithfully observed and he shall have all powers necessary for this purpose.
(3)
The Kulpati shall have the power to
convene meetings of the Court, the Executive Council, the Academic Council and
of such other authorities, Committees and bodies of the University of which he
is the Chairman. He may delegate this power to any other officer of the University.
(4)
If in the opinion of the Kulpati any
emergency has arisen which requires immediate action to be taken, the Kulpati
shall take such action as he deems necessary and shall at the earliest
opportunity thereafter report his action to such officer, authority, committee
or other body as would have in the ordinary course dealt with the matter:
Provided
that the action taken by the Kulpati shall not commit the University to any
recurring expenditure for a period of more than three months:
Provided
further that where any such action taken by the Kulpati affects any person in
the service of the University 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 Executive Council:
[Provided also that the power shall not extend to matters
regarding amendment in the Ordinances, Statutes, Regulations or any matter
relating to [x
x x] appointments.]
(5)
On receipt of a report under
sub-section (4), if the authority, Committee or body concerned does not approve
of the action taken by the Kulpati it shall refer the matter to the Kuladhipati
whose decision thereon shall be final.
(6)
The action taken by the Kulpati under
sub-section (4) shall be deemed to be the action taken by the appropriate
authority until it is set-aside by the Kuladhipati on a reference made under
sub-section (5) or is set-aside by the Executive Council on an appeal under the
second proviso to sub-section (4).
(7)
If in the opinion of the Kulpati, and
proceeding of any authority, committee or other body of the University is
likely to be prejudicial to the interests of the University, 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 (4) of Section 12.
(8)
The Kulpati shall exercise general
control over the affairs of the University and shall give effect to the
decisions of the authorities of the University.
(9)
The Kulpati shall exercise such other
powers as may be prescribed by the Statutes, Ordinances or Regulations.
Section 15A - Powers and duties of first Kulpati.
[It shall be the duty of first Kulpati of each university
specified in Part II of the Second Schedule to constitute Court, Executive
Council, Academic Council and other authorities of the University within a
period of two years from the date of the establishment of the University and till
the said authorities are constituted, the Kulpati shall be deemed to be the
Court, Executive Council, Academic Council or such other authority, as the case
may be, and shall exercise the powers and perform the duties conferred or
imposed on such authorities by or under this Act:
Provided
that the Kuladhipati may, if he considers it necessary or expedient so to do,
appoint a committee after consultation with the State Government consisting of
an educationist, an administrative expert and a financial expert to aid and
advice the Kulpati in the exercise of his powers and performance of functions
in lieu of each such authority.]
Section 15B – Rector.
[[(1)
A Rector shall be appointed by the Executive Council on the recommendation of
the Kulpati. If the Executive Council does not accept the recommendation of the
Kulpati, the matter shall be referred to the Kuladhipati whose decision thereon
shall be final].
(2) The Rector
shall be a salaried officer of the University.
(3) Subject to the
provisions of this Act, the term of office, conditions of service and
emoluments of the Rector shall be such as may be prescribed by Statutes and
till so prescribed, as may be determined by the Kuladhipati.
(4) The Rector
shall perform such duties and exercise such powers of Kulpati as may be
assigned to him by the Kuladhipati in consultation with the Kulpati and he
shall perform such other duties and exercise such powers as may be prescribed
by Regulations.]
Section 15C - State University Service.
[(1) With effect from such date as the State Government
may, by notification, appoint in this behalf, there shall be constituted the
State University Service for the purpose of providing officers to all the
Universities in the State. The State University Service shall consist of the
cadre of Registrars and such cadres of other officer concerned under clause
(vi) of Section 11 as the State Government may, by notification specify.
(2) The State
Government may make rules for regulating the recruitment and the conditions of
Service of persons appointed to the State University Service:
Provided
that until the State University Service is constituted under sub-section (1)
and the rules are made under this subjection, appointments to the posts of
Registrars vacant on the date of commencement of the Chhattisgarh
Vishwavidyalaya (Sanshodhan) Adhiniyam, 1980 or to the posts of other officers
specified in the notification under sub-section (1) vacant on the date of
publication of notification specifying the cadres of officers, as the case may
be, shall be filled in by the Kuladhipati by securing the services of suitable
officers on deputation.
(3) All the rules
made under this section shall be laid on the table of the Legislative Assembly.
(4) The persons
holding the posts of Registrars the date appointed under sub-section (1) of the
person holding the posts of officers included in the cadre specified in the
notification under the said sub-section, if confirmed in the said posts before
the 1st day of September, 1980, shall be permanently absorbed and included in
the State University Service. The remaining persons holding the aforesaid posts
on the 1st day of September, 1980 may, if found suitable after following such
procedure as may be prescribed by rules, be absorbed in the State University
Service either provisionally or finally. If any person is not absorbed finally
in the State University Service his services shall be liable to be terminated
at any time on payment of one month’s salary last drawn by him.
(5) Where any
person referred to in the aforesaid sub-section is finally absorbed in the
State University Service as provided therein the conditions of service
applicable to him immediately before his absorption, shall not be changed to
his disadvantage by making them less favourable to him, except that he shall be
liable to transfer from one University to another.]
Section 16 – Registrar.
[(1) The Registrar shall be a whole time salaried officer
of the University and shall discharge his duties under the Act, subject to the
general superintendence and control of the Kulpati. He shall act as the
Secretary of the Court, of the Executive Council, of the Academic Council and
of the Academic Planning and Evaluation Board.
(2) The Registrar shall be appointed in accordance with the
provisions of Section [15-C]
and the rules made thereunder].
[(3) xxx]
(4) Subject to the
powers of the Executive Council, the Registrar shall unless otherwise provided
in the Statutes, be responsible for seeing that all moneys are expended for the
purpose for which they are granted or allotted.
(5) Unless
otherwise provided for by or under this Act, all contracts shall be signed and
all documents and records shall be authenticated by the Registrar on behalf of
the University.
(6) The Registrar
shall exercise such powers and perform such duties as may be conferred or
imposed on him, by the Statutes, the Ordinances or the Regulations:
[Provided that the first Registrar of each University
specified in Part II of the Second Schedule shall be appointed by the
Kuladhipati after consultation with the State Government and shall hold office
for such period not exceeding four years and on such terms and conditions as
the Kuladhipati may determine.]
Section 17 - Dean of Student’s Welfare.
(1)
The Dean of Student’s Welfare shall be
appointed by the Executive Council on the recommendation of the Kulpati.
(2)
The Dean to appoint under sub-section
(1) shall be a whole time salaried officer:
Provided
that the Executive Council may, if it is considered necessary, appoint, on the
recommendation of the Kulpati, a teacher, not below the rank of a Reader, to
discharge the duties of the Dean of Student’s Welfare in addition to his duties
as such teacher, and in such a case, the Executive Council may sanction a
suitable allowance to be paid to him.
(3)
The term and conditions of service and
the duties and powers of the Dean of Students’ Welfare shall be prescribed by
the Statutes.
Section 18 - Other Officers.
The
appointment of other officers of the University referred to in Section 12,
shall be made in such manner and the conditions of their service and powers and
duties shall be such as may be prescribed by the Statutes, Ordinances or
Regulations.
Section 18A - Section 18 ceases to apply on inclusion in State University Service of certain other officers.
[On the inclusion of post of other officers covered under
clause (vi) of Section 11 in the State University Service constituted under
Section [15-C],
the provisions of Section 18, shall cease to apply in respect of such other
officers.]
Section 19 - Authorities of the University.
The
following shall be authorities of the University:
(i)
the Court;
(ii)
the Executive Council;
[(ii-a) the Finance Committee];
(iii)
the Academic Council;
(iv)
the Faculties;
(v)
the Boards of Studies;
(vi)
Academic Planning and Evaluation
Board;
(vii)
such other authorities as may be
declared by the Statutes to be the authorities of the University.
Section 20 - Constitution of Court.
(1)
The Court shall consist of the
following persons, namely:
GROUP A
(i)
the Kuladhipati;
(ii)
the Kulpati;
[(ii-a) the Rector];
(iii)
the Deans of Faculties;
[(iii-a) Dean Student’s Welfare;
(iii-b) Dean or Director, as the case may be, of the
College Development Council;]
(iv)
the Secretary to Government of
Chhattisgarh, [Higher
Education Department] or his nominee, not below the rank of Deputy Secretary;
[(v) the Commissioner, Higher Education, Chhattisgarh;]
(vi) the Director of Public Instructions, Chhattisgarh;
(vii) the Director of Technical Education, Chhattisgarh;
(viii) the Chairman of the Chhattisgarh Board of Secondary
Education;
(ix) the Mayor of the Municipal Corporation or the
President of the Municipal Council, as the case may be, at the headquarters of
the University.
GROUP B
[(x) four Principals of affiliated colleges of the
University amongst whom there shall be atleast one Lady Principal, to be
elected from amongst themselves in the manner prescribed by the Statutes;]
[(xi) three professors from the University Teaching
Departments, elected from amongst themselves, in the manner prescribed by the
Statutes;]
[(xii) two professors from the affiliated colleges to be
elected from amongst themselves, in the manner prescribed by the Statutes];
[(xiii) two persons from amongst the Readers or Lecturers
of the University Teaching Departments and three persons from amongst Assistant
Professors of the affiliated Colleges to be elected from amongst themselves in
the manner prescribed by the Statutes;]
[(xiv) x x x]
[(xv) fourteen persons, of whom atleast one shall be from
the University Teaching Departments or Schools of. Studies, to be elected by
Lecturers from amongst themselves in the manner prescribed by the Statutes;]
GROUP C
[(xvi) not more than two persons representing “Learned
Professions” to be nominated by the Kuladhipati, in the manner prescribed by
the Statutes;
(xvii) not more than four persons representing industry,
agriculture, labour and commerce to be nominated by the Kuladhipati;
(xviii) eight members of the State Legislative Assembly to
be selected by the State Legislative Assembly;
(xix) five Preresentatives to be elected by the registered
graduates of the University from amongst themselves;
(xx) every donor donating [ten
lakhs rupees] or more to the University;
(xx-a) One representative from the salaried non-teaching
employees of the University elected from amongst themselves as prescribed by
the Statutes; and]
GROUP D
[(xxi) three students elected by the student members of the
Boards of Studies from amongst themselves;
(xxii) two students to be elected from amongst themselves
by students who in the academic session immediately preceding the election have
been members of teams of the University participating in the University
tournaments;
(xxiii) two students to be elected from among its members
by an electoral college consisting of students who are for the time being
President of Students Union in the Colleges and in the University Teaching
Departments.]
GROUP E
(xxiv) such members of the Executive Council who are not
member under any of the foregoing items.
Explanation.
(i) No person shall be eligible to become a member of the Court under more than
one item;
(ii)
not more than one person shall be elected from any University Teaching
Department, School of Study or College under any one item of Group B;
[(ii) except the representative in clause (xx-a), no
salaried employee of any University or any College within the State shall be
eligible to be a member under Group C;]
(vi)
for purpose of Group D, student shall mean a person who—
(a)
is receiving instructions or carrying
on research in any of the colleges or University Teaching Department or Schools
of Studies or any other institution of the University under terms and
conditions laid down in the Ordinances; and
(b)
has passed his Higher Secondary
Examination not earlier than seven years of his Intermediate Examination not
earlier than six years before the opening date of the academic session in which
he seeks election:
[Provided that where, during the period of operation of
Proclamation of Emergency made by the President on the 25th June, 1975 under
clause (1) of Article 352 of the Constitution of India any student had to
discontinue his studies because of his detention under the Maintenance of
Internal Security Act, 1971 (No. 26 of 1971), or arrest or imprisonment under
the Defence and Internal Security of India Act, 1971 (No. 42 of 1971) or the
Defence and Internal Security of India Rules, 1971 or under Section 107 or Section
117 or Section 151 of the Code of Criminal Procedure, 1973 (No. 2 of 1974) and
the period specified in this sub-paragraph had expired in relation to such
student during such detention, arrest or imprisonment prior to the commencement
of the academic year 1977-78, the provisions of this paragraph shall have
effect in relation to such student as if for the words “seven years” and “six
years” the words “nine years” and “eight years” were respectively substituted.]
(c)
the mode of election under items
(xix), (xxi), (xxii) and (xxiii) shall be such as may be prescribed by the
Statutes;
(2)
The term of office of members elected
under Group D of subsection (1) shall be one year.
(3)
The term of office of members
nominated or elected, as the case may be, under Group B and Group C or included
in Group E of sub-section (1) shall be coterminous with the term of the Court
which shall be three years.
(4)
Every donor specified in item (xxi) of
sub-section (1) shall be a member of the Court during his life time:
Provided
that where such donor is an undivided Hindu Family, trust, firm, company or
body corporate, it shall cease to be a donor for the purposes of the membership
or the Court on the expiry of a period of fifteen years from the date the
donation is accepted by the University, and during the period aforesaid, the
representative as may be nominated from time to time by such donor shall be
deemed to be the donor.
Section 21 - Meetings of Court and quorum thereat
(1) The Court shall meet at least once in a calendar year
and at such intervals as may be prescribed by the Statutes.
[(2) Twenty five members of the Court shall form the quorum:
Provided
that no quorum shall be necessary for adjourned meeting.]
Section 22 - Powers and duties of Court.
Subject
to the provisions of this Act, the Court shall exercise the following powers
and perform the following duties, namely:
(i) to act as an
advisory body in all matters relating to the University;
(ii) to review from
time to time the board policies and programmes of the University and to suggest
measures for the improvement and development of the University;
(iii) to consider
and pass resolutions on the annual report, the annual accounts and audit
reports thereon, if any;
(iv) to consider
and pass resolutions on the annual financial estimates of the University;
[(v) xxx]
(vi) to confer on
the recommendation of the Executive Council, honorary degrees and other
academic distinctions;
(vii) to review the
acts of the other authorities of the University save where such authorities
have acted in accordance with the powers conferred upon them by this Act, the
Statutes and the Ordinances;
(viii) to exercise
such other powers and perform such other duties as may be conferred or imposed
upon it by this Act and the Statutes.
Section 23 - Executive Council.
(1)
The Executive Council shall be the
Executive Body of the University and shall consist of the following persons,
namely:
(i)
the Kulpati;
[(i-a) the Rector];
(ii)
four Deans of Faculties nominated by
the Kuladhipati;
(iii)
three persons elected by single
transferable vote by the Court from among its members;
(iv)
two Professors of the University
Teaching Departments or Schools of Studies to be nominated by the Kuladhipati
by rotation according to seniority;
(v)
four Principals of affiliated colleges
atleast two of whom shall be from colleges belonging to the State Government,
to be nominated by the Kuladhipati by rotation according to seniority;
(vi)
the Secretary to Government of
Chhattisgarh [Higher]
Education Department or his nominee not below the rank of Deputy Secretary;
(vii)
the Secretary to Government of
Chhattisgarh, Finance Department or his nominee not below the rank of Deputy
Secretary;
[(viii) six persons nominated by the Kuladhipati amongst
whom one each shall be a person belonging to Scheduled Castes, Scheduled Tribes
and Other Backward Classes, out of these six persons two shall be women]:
Provided
that—
(a)
no salaried employee of any University
or any College in Chhattisgarh shall be eligible for election under item (i)
above;
(b)
no person shall be eligible for
re-election for a second consecutive term under item (ii) above.
(2)
Members of the Executive Council other
than ex-officio members shall hold office for a period of three years:
Provided
that a member of the Executive Council elected under item (iii) of sub-section
(1) shall cease to hold office as such member if he ceases to be a member of
the Court.
(3)
Seven members of the Executive Council
shall form a quorum:
[Provided that no quorum shall be necessary for adjourned
meeting.]
Section 24 - Powers and duties of Executive Council.
Subject
to the provisions of this Act, and the Statutes, Ordinances or the Regulations
made thereunder, the Executive Council shall have the following powers and
perform the following duties, namely:
(i)
to hold control and administer the
property funds of the University;
(ii)
to administer the funds placed at the
disposal of the University for specific purposes;
(iii)
to adopt the annual accounts together
with the audit report;
(iv)
to frame the annual financial estimates
of the University and to place them before the Court for its consideration;
(v)
(a) to adopt the annual financial
estimates after considering the suggestions of the Court, if any;
(b)
to fix the limit for the total recurring expenditure and total non-recurring
expenditure for the year based on the resources of the University which in the
case of productive works may include the proceeds of loans;
(vi)
subject to clause
(vii)
at any time during the financial
year,—
(a)
to reduce the amount of the budget
grant;
(b)
to sanction the transfer of any amount
within a budget grant from one head to another or from a subordinate head under
one minor head to a subordinate head under another minor head; or
(c)
to sanction the transfer of any amount
not exceeding Rupees five hundred within a minor head from one subordinate head
to another or from one primary unit to another;
(viii)
to borrow and lend funds on behalf of
the University:
Provided
that funds shall not be borrowed on the security of University property without
the prior approval of the [State
Government];
(ix)
to transfer any movable or immovable
property on behalf of the University: Provided that no immovable property of
the University shall, except with the prior sanction of the State Government,
be transferred by way of mortgage, sale, exchange, gift or otherwise;
(x)
to enter into, vary, carry out and
cancel contracts on behalf of the University in the exercises or performance of
the powers and duties assigned to it by this Act, and the Statutes;
(xi)
to determine the form of, provide for
the custody and regulate the use of the common seal of the University;
(xii)
to lay before the [Commissioner,
Higher Education] annually a full statement of the financial requirements of
all colleges and halls;
(xiii)
to admit colleges to the privileges of
the University on the recommendation of the Academic Council and with the
previous sanction of the [Commissioner,
Higher Education] and subject to the provisions of this Act and Statutes and to
withdraw any of these privileges and to take over the management of the
colleges in the manner and under conditions prescribed by the Statutes and
Ordinances;
(xiv) to declare Teaching Departments of the University, Schools
of Studies or Colleges as autonomous colleges:
Provided
that the extent of the autonomy which each such Teaching Department of the
University, School of Studies or Colleges may have and the matters in relation
to which it may exercise such autonomy, shall be such as may be prescribed by
the Statute.
(xv)
to make provision for building,
premises, furniture, apparatus, books and other means needed for carrying on
the work of the University;
(xvi) to accept on behalf of the University, trusts, bequests,
donations and transfers of any movable or immovable property to the University;
(xvii) to manage and regulate the finance, account and investment
of the University;
(xviii)
to institute and manage:
(a)
a printing, publication and
translation Bureau;
(b)
an Information Bureau; and
(c)
an Employment Bureau;
(xix) to make provision for—
(a)
(i) Extramural teaching and research;
(ii)
University extension activities;
(iii)
Correspondence Courses;
(b)
Physical training;
(c)
Student’s Union;
(d)
Student’s Welfare;
(e)
Sports and atheletic activities;
(f)
Social service schemes; and
(g)
National Cadet Corps;
(xx)
to scrutinize all proposals of the
Academic Council with a view to their execution within the framework of the
budget;
(xxi) to institute such Professorships, Readerships, [x
x x] Lecturerships or other teaching posts as may be proposed by the Academic
Planning and Evaluation Board:
Provided
that no teaching post shall be instituted without the prior approval of
the [Commissioner,
Higher Education];
[(xxi) to create administrative, ministerial and other
posts with the prior sanction of the State Government;]
(xxii) to abolish or suspend, after report from the
Academic Planning and Evaluation Board thereon any Professorship,
Readerships, [x
x x] Lecturerships, or other teaching posts in the University;
(xxiii) to establish, maintain and manage colleges,
teaching departments, institutions of research or specialized studies,
laboratories, libraries, museums and halls;
(xxiv) to recognize halls and to provide housing
accommodation for teachers of the University paid by the University;
(xxv) to arrange for and direct the inspection of
affiliated colleges, recognized institutions and halls and to issue
instructions for maintaining their efficiency and for ensuring proper
conditions of employment for members of their staff, and payment of adequate
salaries, and, in case of disregard of such instructions, to modify on the recommendations
of the Academic Council the conditions of affiliation or recognition or taking
of such other steps as it deems necessary and proper in that behalf;
(xxvi) to prepare a College Code laying down therein the
terms and conditions of affiliation of colleges other than Government colleges;
(xxvii) to call for reports, returns and other information
from affiliated colleges, recognized institutions or halls;
(xxviii) to supervise and control the admission, residence,
conduct and discipline of the students of the University and to make
arrangements for promoting their health and general welfare;
(xxix) to recommend to the Kuladhipati the conferment of
honorary degrees and academic distinctions in the manner prescribed by
Statutes;
[(xxx) to confer or withdraw degrees, diplomas,
certificates and other academic distinctions in the manner prescribed by the
Statutes;]
(xxxi) to institute fellowships, scholarships,
studentships, exhibitions, medals and prizes;
(xxxii) save as otherwise provided by this Act, or the
Statutes, to appoint the officers other than the Kulpati, teachers and other
employees of the University, to define their duties and the conditions of their
service and to provide for the filling of temporary vacancies in their posts;
(xxxiii) to regulate and enforce discipline among members
of the teaching, administrative and ministerial staff of the University in
accordance with the Statutes and Ordinances;
(xxxiv) to recognize a member of the staff of an affiliated
College or recognized Institution as a teacher of the University and withdraw
such recognition;
(xxxv) to fix remuneration of examiners and to arrange for
conduct of and for publishing the results of the University examinations and
other tests;
(xxxvi) to cancel examinations in the event of malpractices
partially or wholly and to take action against any person or group of persons
or institutions found guilty of such malpractices, including rustication of
students;
(xxxvii) to take disciplinary action against students
enrolled in the University, including candidates for any examinations;
(xxxviii) to take disciplinary action against staff,
persons appointed as invigilators, examiners, etc.;
(xxxix) to fix, demand and receive such fees and other
charges as may be prescribed by the Ordinances;
(xl) to make, amend and cancel Ordinance;
(xli) to accept, reject or return to the Academic Council
for consideration but not to amend, Regulations formed by the Academic Council;
(xlii) to entertain adjudicate upon and, if deemed fit to
redress grievances of the employees and the students;
(xliii) to exercise such other powers and perform such
other duties as may be conferred or imposed on it by or under this Act;
(xliv) to exercise all powers of the University not
otherwise provided for in this Act or the Statutes and all other powers which
are requisite to give affect to the provisions of this Act or the Statutes;
(xlv) to delegate by Regulations any of its powers to the
Kulpati, the Registrar or such other officer of the University or a Committee
appointed by it as it may deem fit.
Section 24A - Finance Committee and its functions.
[(1) The Kuladhipati shall constitute a Finance Committee
for each University, consisting of the following members, namely:
[(i) Kulpati of the University Chairman
(i-a) Registrar of the University Member Secretary.]
(ii) Finance Officer of the University;
[(iii) Commissioner, Higher Education or his nominee not
below the rank of Joint Director;]
(iv) Secretary to the Government of Chhattisgarh Higher
Education Department or his nominee not below the rank of Deputy Secretary;
(v) Secretary to
the Government of Chhattisgarh, Finance Department or his nominee not below the
rank of Deputy Secretary.
(2) The Finance Committee shall control the Finances of the
University.
(3) Subject to the
provisions of this Act and the Statutes, Ordinances and Regulations made
thereunder, the Finance Committee shall exercise the powers and perform the
functions as under:
(a) to review the Income and Expenditure of the University;
[(b) to prepare the Annual Financial Estimates of the
University before the commencement of the Financial year and place it before
the Executive Council for approval and to advise amendment therein from time to
time;]
(c) to sanction proposals and take decisions on the income
and expenditure of the University;
(d) to get the annual accounts and the annual audit of the
University completed in time and in light of the reports order appropriate
directions.
[(4) Three members shall form the quorum, out of which
presence of Kulpati and one member either from clause (iv) or (v) of
sub-section (1) shall be essential.]
Section 25 - Academic Council.
[(1) The Academic Council shall be the academic body of the
University, consisting of the following members:
(i) Kulpati;
(ii) Rector;
[(iii) Commissioner, Higher Education, Chhattisgarh or his
nominee not below the rank of Regional Additional Director, Higher Education];
(iv) Chairman, Chhattisgarh Board of Secondary Education;
(v) Deans of all Faculties;
[(v-a) Dean or Director as the case may be of the College
Development Council;]
(vi) Chairman of Boards of Studies;
(vii) Heads of the Departments of the University;
(viii) Five Principals of colleges affiliated to the
University among whom as far as possible at least two shall be lady Principals,
nominated by the Kulpati;
(ix) Two Professors of the affiliated Colleges of the
University, nominated by the Kulpati;
(x) Three persons from Readers and Lecturers of the
University and Assistant Professors of the Colleges among whom at least two
shall be ladies nominated by the Kulpati.
(2) Twelve members of the Academic Council shall form the
quorum:
Provided
that no quorum shall be necessary for adjourned meeting.]
(3) The Academic Council shall have the power to co-opt, as
members, two persons having special knowledge or experience in the
subject-matter of any particular business which may come before the Council for
consideration. The members so co-opted shall have all the rights of the members
of the Council in regard to the transaction of the business in relation to
which they may be co-opted.
(4) All the members of the Academic Council other than
ex-officio members and members referred to in sub-section (3) shall hold office
for a term of three years.
Section 26 - Powers and duties of Academic Council.
(1)
The Academic Council shall in addition
to all other powers vested in it by this Act, the Statutes and the Ordinances
have the following powers and perform the following duties, namely:
(i)
to exercise general supervision over
the academic policies of the University and to give directions regarding
methods of instruction, operative teaching among colleges and institutions
maintained by or admitted to the privileges of the University, valuation of
research or improvements in academic standards;
(ii)
to consider matter of general academic
interest either on its own initiative or on a reference by a faculty or the
Executive Council and to take appropriate action thereon;
(iii)
to make proposals for allocating
departments to the Faculties and to assign Fellows and its own members to the
Faculties;
(iv)
to make proposals for the institution
of fellowships, scholarships, studentships, exhibitions, medals and prizes and
to make rules for their award;
(v)
to consider the application for
admission of an educational institution to the privileges of the University:
[Provided that no such application shall be considered
unless it is accompanied by certificate from the Commissioner, Higher Education
to the effect that the establishment of the institution or the expansion of the
faculties sought by the Institution has been permitted by him;]
(vi)
to prescribe qualifications for
recognition of persons as teachers of the University and to accord such
recognition;
(vii)
to make arrangements for the conduct
of examinations and to appoint result committees consisting of its own member
or other persons or both, as it thinks fit, to prepare the result of
examinations and report such results to the Executive Council for publication;
(viii)
to recognize persons eminent in any
subject to guide research in that subject.
(2)
The Academic Council may appoint a
Standing Committee consisting of its members. The constitution, powers and functions
of the said Standing Committee shall be determined by the Statutes.
Section 27 – Faculties.
(1)
The University shall have all or any
of the following Faculties, namely:
(i)
Arts;
(ii)
Social Science;
(iii)
Science;
(iv)
Law;
(v)
Education;
(vi)
Engineering;
(vii)
Medicine;
(viii)
Ayurved;
(ix)
Commerce;
(x)
Such other facilities as may be
prescribed by the Statutes.
(2)
Each Faculty shall consist of the Dean
and such other members and shall have such powers and perform such duties as
may be prescribed by the Statutes.
(3)
Each Faculty shall have such
departments as may be assigned to it by the Ordinances.
(4)
The Dean shall be appointed by the
Kuladhipati on the recommendation of the Kulpati for a period of two years from
amongst the Professors of the University Teaching Departments or Schools of
Studies who are teachers in the subjects assigned to the Faculty:
Provided
further that if there is no Professor of the University Teaching Departments or
Schools of Studies teaching of the said subjects the Dean shall be appointed
from amongst the College Professors who are teachers in the said subjects:
Provided
further that if there is no Professors of University Teaching Departments or
Schools of Studies or College Professor or Principal teaching the said
subjects, the Kuladhipati may appoint the Dean or any other Faculty to act as
the Dean of the Faculty.
(5)
The Dean shall be the Chairman of the
Faculty and shall be responsible for the due observance of the Statutes, the
Ordinances and the Regulations relating to the Faculty and for the conduct and
maintenance of standards of teaching and research.
(6)
The Dean shall have the right to be
present and to speak at any meeting of any Boards of Studies of the Faculty but
shall not have the right to vote thereat.
Section 28 - Board of Studies.
(1)
There shall be a Board of Studies for
every subject or group of subjects as may be prescribed by the Statutes.
(2)
Each Board shall consist of—
(i)
Professors of University Teaching
Departments and Schools of Studies in subjects for which the Board is
constituted;
(ii)
two Heads of College Departments in
Colleges teaching the said subject up to the post-graduate level to be
nominated by the Kulpati by rotation according to seniority;
(iii)
One Reader from the University
Teaching Departments and Schools of Studies teaching the said subjects to be
nominated by the Kulpati by rotation according to seniority;
(iv)
two Heads of Colleges Departments in
college teaching the said subjects up to the degree level to be nominated by
the Kulpati by rotation according to seniority;
(v)
not more than two teachers in the said
subjects to be nominated by the Kulpati;
(vi)
one student to be appointed by the
Kulpati possessing the qualifications laid down in the Statutes;
(vii)
two members to be co-opted by the
Board, one of whom shall be an expert from outside the University, and shall be
from a recognised research institute, if any, in the subject or group of
subjects for which the Board is constituted;
Explanation.
For purposes of clause (vi), student shall mean person who—
(a)
is receiving instructions or carrying
on research in any of the colleges of University Teaching Departments or
Schools of Studies or any other institution of the University under the terms
and conditions laid down in the Ordinances; and
(b)
has passed his Higher Secondary
Examination not earlier than seven years or his Intermediate Examination not
earlier than six years before the date of his appointment.
[Proviso x x x]
(3)
The Chairman of the Board of Studies
shall be nominated by the Kulpati from amongst the members of the Board
referred to in clause (i) of sub-section (2):
Provided
that if there is no member under clause (i), the Chairman shall be nominated by
the Kulpati from amongst the members of the Board under clauses (ii) and (iii)
of sub-section (2):
Provided
also that if there is no member under clauses (i), (ii) and (iii), the Chairman
shall be nominated from amongst the members of the Board under clause (iv).
(4)
The term of the Board of Studies shall
be three years:
Provided
that the term of office of the student member of the Board shall be one year.
Section 29 - Powers and functions of Board of Studies.
[Subject to the provisions of Section 34-A, the Board of
Studies shall have such powers and perform such functions as may be prescribed
by the Statutes.]
Section 30 - Academic Planning and Evaluation Board.
(1)
Academic Planning and Evaluation Board
shall consist of the following members, namely:
(i)
the Kulpati—Ex-officio Chairman;
[(i-a) the Rector];
(ii)
Deans of Faculties;
[(ii-a) Dean or Director, Academic Planning and Evaluation
Board, of the College Development Council;]
(iii)
three heads of University Departments
and Schools of Studies nominated by the Kulpati;
(iv)
two college Professors nominated by
the Kulpati;
(v)
three scholars of repute not connected
with the University nominated by the Academic Council;
(vi)
two representatives of industry,
agriculture and commerce nominated by the Kuladhipati.
(2)
Seven members of the Board shall form
a quorum.
(3)
The term of the Academic Planning and
Evaluation Board shall be three years.
(4)
The Academic Planning and Evaluation
Board shall have the following powers and perform the following duties, namely:
(i) to prepare the short term and long term plan of the
University;
(ii) to consider
and forward to the Executive Council with its recommendations the research
projects and academic programmes proposed by the faculties and to bring about
inter-faculty co-ordination for taking up projects or inter-faculty basis;
[(iii) to suggest new academic programmes to the Faculties
and to do academic evaluation of affiliated colleges of the University from
time to time;]
(iv) to make
proposals for the establishment of departments, institutions of research and
specialised studies, laboratories and museums;
(v) to make
proposals for the institution of teaching posts and for prescribing the duties
of such posts;
(vi) to evaluate
from time to time the working of the University Teaching Departments, and
School of Studies;
(vii) to evaluate
periodically the progress of the Plan.
Section 31 - Boards to be constituted.
(1)
There shall be such other Boards in
the University as may be prescribed by the Statutes.
(2)
The constitution, term, powers and
duties of the Boards constituted under sub-section (1) shall be such as may be
prescribed by the Statutes.
Section 32 - University Fund.
(1)
The University shall establish a Fund
called the University Fund.
(2)
The following shall form part of, or
be paid into, the University Fund—
(a)
any rent, contribution or grant by
Central or State Government or any body corporate;
(b)
trusts, bequests, donations, endowment
and other grants, if any;
(c)
the income of the University from all
sources including income from fees and charges;
(d)
all others sums received by the
University.
(3)
The University Fund shall be kept in
any Scheduled Bank as defined in the Reserve Bank of India Act, 1934 (No. 2 of
1934), or invested in securities authorised by the Indian Trust Act, 1882 (No.
2 of 1882), at the discretion of the Executive Council.
(4)
Nothing in this section shall in any
way affect any obligations accepted by or imposed upon the University by any
declaration of trusts executed by or on behalf of the University for the
administration of any trust.
Section 33 - Objects to which University Fund may be applied.
(1)
The University Fund shall be
applicable to the following objects and in the following order:
(a)
to the repayment of debts incurred by
the University for the purposes of this Act and the Statutes, the Ordinances
and Regulations made thereunder;
(b)
to the upkeep of colleges, teaching
departments, schools of studies established by the University, residence and
halls;
(c)
to the payment of the cost of audit of
the University Fund;
(d)
to the expenses of any suit or
proceedings to which University is a party;
(e)
to the payment of salaries and
allowances of the officers and employees of the University, members of the
teaching staff and the establishment employed in the colleges, the teaching
departments and schools of studies maintained by the University for and in
furtherance of the purposes of this Act, and the Statutes, the Ordinances and
the Regulations made thereunder and to the payment of any Provident Fund
Contributions, gratuity and other benefits to any such officers and employees,
members of the teaching staff or the members of such establishments;
(f)
to the payment of the travelling and
other allowances of the members of the Court, Executive Council and the
Academic Council and any other authorities of the University and/or the members
of any Committee or Board appointed by any of the authorities of the University
in pursuance of any provision of this Act, and the Statutes, the Ordinances or
the Regulations made thereunder;
(g)
to the payment of fellowships,
scholarships, studentships and other awards to students;
(h)
to the payment of any expenses
incurred by the University in carrying out the provisions of this Act, and the
Statutes, the Ordinances or the Regulations made thereunder;
(i)
to the payment of any other expenses
not specified in any of the preceding clauses declared by the Executive Council
to be the expense for the purposes of the University.
(2)
No expenditure shall be incurred by
the University in excess of the limits for total recurring expenditure and
total non-recurring expenditure for the year fixed by the Executive Council
without the previous approval of the Executive Council.
(3)
No expenditure other than that
provided for in the budget shall be incurred by the University without the
previous approval of the Executive Council.
CHAPTER
VI [CO-ORDINATION
COMMITTEE, CENTRAL BOARD OF STUDIES AND STATUTES, ORDINANCES AND REGULATIONS
Section 34 - Co-ordination Committee.
(1)
There shall be a Co-ordination
Committee consisting of the following persons, namely:
(i) Kuladhipati;
(ii) The Kulpatis of the Universities specified in the
Second Schedule;
[(ii-a) the Rector of the University specified in the
Second Schedule;]
[(iii) Commissioner, Higher Education, Chhattisgarh;]
(iv) [Principal
Secretary/Secretary] to Government of Chhattisgarh, Law Department;
(v) [Principal
Secretary/Secretary] to Government of Chhattisgarh, Finance Department;
(vi) Secretary to Government of Chhattisgarh;
(vii) [Principal
Secretary/Secretary] to Government of Chhattisgarh, [Higher]
Education Department;
[(viii) The Kulpatis of the Universities constituted under
any of the State Legislature.]
(2)
The Kuladhipati shall be the President
of the Co-ordination Committee and the [Principal
Secretary/Secretary] to Government of Chhattisgarh, [Higher]
Education Department, shall be its Secretary.
(3)
On coming into force of this Act,
notwithstanding the provisions of Section 36 and Section 38 the first Statutes
and Ordinances shall be drawn up by the Co-ordination Committee. The First
Statutes and Ordinances shall come into force from such date as the Kuladhipati
may by an order specify:
Provided
that the power conferred on the Co-ordination Committee to draw up the first
Statutes and Ordinances shall be exercised within a period of one year from the
date appointed under sub-section (3) of Section 1.
(4)
The Co-ordination Committee shall
exercise the following powers and discharge the following functions:
(i)
to undertake from time to time
examination of the Statutes and Ordinances in force in the various Universities
and suggest modifications;
(ii)
to approve or reject the Statutes and
Ordinances submitted by the Executive Council of the University;
(iii)
to recommend to the Universities and
the [Commissioner,
Higher Education] on its own motion or on the request of any University a
Teacher Exchange Programme, organization of refresher courses or any other
academic programme;
(iv)
to promote co-operation in academic
programmes among the Universities;
(v)
to consider matters of common interest
to all or some of the Universities;
(vi)
to frame bye-laws for the conduct of
its business.
(5)
The Co-ordination Committee shall meet
at Bhopal or such other place and at such intervals as the Kuladhipati may
determine.
Section 34A - Central Boards of Studies.
[(1) There shall be Central Boards of Studies for
Foundation Course or such other subject or group of subjects as the Kuladhipati
may, on the recommendation of the Co-ordination Committee, notify.
(2) The Central Board of Studies for foundation course
shall consist of—
(i)
one teacher of the University from
each University not below the rank of a Reader of the University Teaching
Department or one Professor in a College to be nominated by the Kulpati; and
(ii)
such other members not exceeding ten
to be nominated by Kuladhipati,
Explanation.The
foundation course shall mean and include a course of general awareness and a
course for improving competence in Hindi and English languages.
(3) The Central
Board of Studies for other subject or group of subjects shall consist of—
(i)
Chairman, Board of Studies of all the
Universities in the subject or group of subjects for which the Central Board of
Studies is to be constituted:
Provided
that if any University does not have a Board of Studies in the subject or group
of subjects, the Kulpati may, nominate any teacher not below the rank of a
Reader in the University Teaching Department or a Professor in a College:
Provided
further that if any University has more than one Board of Studies in the
subject or group of subjects, Kulpati may nominate Chairman of any of the
concerned Boards of Studies of the University to be a member of the Central
Board of Studies;
(ii)
not more than four Heads of College
Departments, in Colleges teaching the said subjects upto postgraduate level, to
be nominated by Kuladhipati;
(iii)
not more than five Heads of College
Departments in College teaching the said subjects upto degree level, to be
nominated by the Kuladhipati;
(iv)
not more than five experts to be
nominated by the Kuladhipati on the recommendation of the [Commissioner,
Higher Education] of which at least one shall be from outside the State and as
far as possible from a prominent Research Institute, if any, in the relevant
field; and
[(v) one representative of the Commissioner, Higher
Education.]
(4) The Kuladhipati
shall nominate—
(i)
the Chairman of the Central Board of
Studies for foundation course from amongst the members referred to in clause
(1) of sub-section (2); and
(ii)
the Chairman of the Central Board of
Studies for other subject or group of subjects from amongst the members
referred to in clauses (i) and (ii) of sub-section (3).
(5) The Kuladhipati
may whenever he deems necessary, delegate his powers of nomination under
sub-section (2), (3) or (4) to the [Commissioner,
Higher Education.]
(6) The
constitution of the Central Board of Studies under this section shall be
notified in the Gazette.
(7) The term of
each Central Board of Studies shall be three years from the date of publication
of the notification under sub-section (6):
Provided
that the Central Board of Studies shall continue to perform its functions and
duties for a further period of six months or till the date of notification of
constitution of new Central Board of Studies is published whichever is earlier.
(8) Notwithstanding
anything contained in this Act or any Statute or Ordinance made thereunder, the
Central Board of Studies shall exercise the following powers and discharge the
following duties, namely:
(a)
subject to the approval of the Kuladhipati
to prescribe the courses of study and examination, to prescribe text books
and/or recommended other books for undergraduate level in the subject or group
of subjects with which it deals which shall be followed in all Universities in
the State:
Provided
that approval to the recommendations of a Central Board of Studies shall not be
withheld except on the ground that they do not fulfil the objectives set out in
this section;
(b)
to take steps for translation in Hindi
of book in the subject with which it deals and for their publications by the
Chhattisgarh Hindi Granth Academy and such other public bodies as may be
working for the same objectives;
(c)
to consider and report on any matter
referred to it by the Coordination Committee [Commissioner,
Higher Education] or the Kuladhipati, as the case may be;
(d)
to consult specialist, not being its
member for carrying out its functions; and
(e)
to perform such other functions
consistent with this Act within such time as the [Commissioner,
Higher Education] or the Kuladhipati may, by an order in writing, require it to
perform.
(9) The
recommendations of the Board of Studies approved by the Kuladhipati shall come
into force in respect of all Universities in the State with effect from the
date as may be notified by the Kuladhipati.
(10) Any two or more
Central Boards of Studies may, and on being directed by the Kuladhipati shall
meet and make a joint report upon any matter which lies within the purview of
both or, as the case may be, all of them.
(11) The State Government may, in consultation with the
Kuladhipati, make rules for carrying out the purposes of the provisions of this
section.
(12) Each Central Board of Studies shall perform its
functions in such a manner as to raise the standard of education and to
facilitate availability of books of high standard and quality to students at
economical prices. For the purpose it shall function in collaboration with the
Chhattisgarh Hindi Granth Academy and such other public bodies as may be
working for the same objectives.
(13) The Kuladhipati may at any time suspend, modify or
amend any decision of a Central Board of Studies on the ground that it does not
fulfil the objectives set out in this section and may direct the Board consider
the matter afresh.]
Section 35 – Statutes.
[Subject to the provisions of this Act, and the rules made
thereunder] the Statutes may provide for all or any of the following matters,
namely:
(a)
the constitution, powers and duties of
such bodies as may be deemed necessary 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 members and all other matters relating to those bodies for which
it may be necessary or desirable to provide;
(c)
emoluments and other terms and
conditions of service of the Kulpati, his powers and duties;
[(c-i) the term of office, conditions of service, and
emoluments of Rector and his powers and duties.]
(d)
powers and duties of the Registrar,
and other officers and employees of the University and the conditions of their
service;
(e)
the constitution of a pension or
Provident Fund and the establishment of an insurance scheme and provision of
gratuity and other benefits for the benefits of the officers, teachers and
other employees of the University;
(f)
the holding of convocation to confer
degrees;
(g)
conferment of honorary degrees;
(h)
the withdrawal of degrees, diplomas,
certificates and other academic distinctions;
(i)
the establishment and abolition of
Faculties, halls, colleges, Teaching Departments, Schools of Studies and
institutions maintained by the University;
(j)
the conditions under which colleges,
and other institutions may be admitted to the privileges of the University and
the withdrawal of such privileges;
(k)
the extent of the autonomy which the
Teaching Departments of the University, Schools of Studies or Colleges may have
and the matters in relation to which such autonomy may be exercised;
(l)
qualifications of Professors,
Readers, [x
x x] Lecturers and other teachers in affiliated colleges and recognised
institutions;
(m)
the administration of endowments, and
the institution of fellowships, scholarships, studentships, exhibitions,
bruisers, medals, prize and other awards;
(n)
the emoluments and terms and
conditions of service of the officers and the emoluments and terms and
conditions of service other than pay scales of teachers of the University paid
by the University;
(o)
the mode of determining seniority for
the purpose of this Act;
(p)
the maintenance of a register of
registered graduates;
(q)
establishment and constitution of
Bureau for publication and translation in Hindi; and
(r)
all other matters which by this Act
are to be provided for by the Statutes.
Section 36 - Statutes how made.
(1) The first
Statutes of the University shall be prepared by the Co-ordination Committee.
(2) The
Co-ordination Committee may, from time to time make, amend or repeal any
statute by passing a statute in the manner hereinafter appearing.
[(3) The Co-ordination Committee may on receiving a
proposal from the Executive Council of a University or on its own motion
consider the draft of a Statute that is in the interest of either one or all
the Universities;]
[(3-A) xxx]
(4) Where a draft
is proposed by the Executive Council, the Coordination Committee may approve of
such draft and pass the Statute or reject it or return it to the Executive
Council for reconsideration either in whole or in part together with any
amendment which the Co-ordination Committee may suggest.
(5) After any draft
returned under sub-section (4) has been further considered by the Executive
Council together with any amendment suggested by the Co-ordination Committee,
it shall again be presented to the Co-ordination Committee with a report of the
Executive Council thereon and the Co-ordination Committee may approve or reject
the Statute.
(6) The
Co-ordination Committee shall not take into consideration nor the Executive
Council shall propose the draft of any Statute or of any amendment of a Statute
or of repeal of any Statute—
(a)
affecting the status, power or
constitution of any authority of the University until such authority has been
given an opportunity of expressing an opinion upon the proposal; or
(b)
affecting the conditions of admission
of colleges, privileges of the University, until the Academic Council has been
given an opportunity of expressing an opinion upon the proposal and such
opinion shall be forwarded by the Executive Council to the Co-ordination Committee
along with any draft it may propose.
(7) Where the
Co-ordination Committee approve the Statutes, they shall become effective from
such date as the Co-ordination Committee may specify.
Section 37 – Ordinances.
Subject
to the provisions of this Act and the Statutes, the Ordinances may provide for
all or any of the following matters:
(i)
the admission of students to colleges,
Teaching Departments, Schools of Studies and laboratories and levy of fees and
their enrolment;
(ii)
the degrees, diplomas, certificates
and other academic distinctions to be awarded by the University, and the
qualifications for the same;
(iii)
the examinations leading to the
degrees, diplomas and certificates of the University;
(iv)
the fees to be charged for courses of
study in the University and for admission to the examination, degrees and
diplomas of the University;
(v)
laying down conditions for appearing
at examinations for degrees, diplomas, certificates and other academic
distinctions;
(vi)
conduct of examinations;
(vii)
the condition of the award of fellowships,
scholarships, studentships, exhibitions, medals and prizes etc.
(viii)
the maintenance of discipline amongst
the students of the University;
(ix)
the conditions of residence of the
students of Teaching Departments, Colleges, School of Studies and the levy of
fees for residence in halls;
(x)
the recognition and inspection of
halls;
(xi)
the special arrangements, if any,
which may be made for the residence, discipline and teaching of women students
and prescribing for them special courses of study;
(xii)
giving of moral instructions;
(xiii)
the management of Colleges and other
institutions founded or maintained by the University;
(xiv) the supervision and inspection of colleges and other
institutions admitted to the privileges of the University;
(xv)
the duties, qualifications and conditions
of appointment including pay scales of teachers of the University paid by the
University;
(xvi) the duties and powers of the Boards and Committees to be
appointed by the University jointly with any other University or body;
(xvii) the rules to be observed and enforced by affiliated
colleges and recognised institutions in respect of transfer of students;
(xviii)
the register of students to be kept by
affiliated colleges and recognised institutions;
(xix) the mode of execution of contracts or agreements by or on
behalf of the University;
(xx)
the rates at which travelling
allowance and daily allowance shall be admissible to the members of the
authorities, Committees and other bodies of the University, the examiners, the
officers and staff of the University;
[(xxi) Constitution of students union and its mode;]
(xxii) all other matters which by this Act or the Statutes
are also to be or may be provided for by the Ordinances:
Provided
that an Ordinance under item (xv) shall be subject to the provisions of Section
50.
Section 38 - Ordinances how made.
(1) All Ordinances except the first Ordinance shall be made
by the Executive Council.
[(2) An Ordinance made by the Executive Council shall come
into force from the date on which it is approved by the Co-ordination Committee.]
Section 39 - Procedure regarding Ordinance.
(1)
Notwithstanding anything contained in
sub-section (1) of Section 38, no Ordinance shall be made by Executive Council:
(a)
affecting the admission of students,
or prescribing examinations to be recognised equivalent to the University
Examinations or the further qualifications mentioned in sub-section (1) of
Section 43 for admission to the degree courses of the University, unless a
draft of the same has been proposed by the Academic Council; or
(b)
affecting conditions and duties of
examiners and the conduct or standard of examinations except in accordance with
a proposal of the Faculty or Faculties concerned and unless a draft of such
ordinance has been proposed by the Academic Council; or
(c)
affecting the qualifications and
emoluments of teachers of the University paid by the University, unless a draft
of the same has been proposed by the Academic Council.
(2)
The Executive Council shall not have
powers to amend any draft proposed by the Academic Council under sub-section
(1) but may reject the proposal or return the draft to the Academic Council,
for reconsideration, either in whole or in part, together with any amendment
which the Executive Council may suggest.
(3)
After any draft returned under
sub-section (2) has been further considered by the Academic Council together
with any amendment suggested by the Executive Council it shall be again
presented to the Executive Council with a report of the Academic Council
thereon and the Executive Council may then deal with the draft in such manner
as it may think fit.
(4)
Where the Executive Council has
rejected the draft of an Ordinance proposed by the Academic Council, the
Academic Council may appeal to the Co-ordination Committee and the
Co-ordination Committee may direct that such ordinance shall have effect from
such date as may be specified in the direction.
Section 40 – Regulations.
(1)
The authorities, Committee, and other
bodies of the University constituted by or under the Act may make regulations
subject to the provisions of this Act, the Statutes and the Ordinances:
(a)
laying down the procedure to be
observed at their meeting and the number of members required to form a quorum:
Provided
that until regulations providing for quorum are made, the quorum to constitute
a meeting of any authority, Committee or other body of the University shall be
number forming the majority of the member constituting such authority,
Committee or other body of the University for the time being;
(b)
providing for all matters which by
this Act, the Statutes or the Ordinances are to be prescribed by Regulations;
and
(c)
providing for all other matters solely
concerning such authority, or other body or the committees appointed by them
and not provided for by this Act, the Statutes or the Ordinances.
(2)
Every authority, Committee and body of
the University shall make Regulations providing for the giving of notice to the
members of such authority, Committee or body of the date of meetings and of the
business to be considered at meetings and for keeping the minutes of the meetings.
(3)
The Executive Council may modify or
annul any regulations made under this section by any authority, Committee or
body other than the Court:
Provided
that any authority, Committee or body of the University which is not satisfied
with any modification or annulment may appeal to the Co-ordination Committee
whose decision in this matter shall be final.
Section 41 - Residence of students.
Every
student of the University shall reside in hall or elsewhere under such
conditions as may be prescribed by the Statutes and Ordinances.
Section 42 – Halls.
(1)
Hall, other than those maintained by
the University shall be such as may be recognised by the Executive Council on
such general or special conditions as may be prescribed by the Ordinances.
(2)
The Wardens and the superintending
staff of the hall shall be appointed in the manner prescribed by the Statutes.
(3)
The conditions of residence in hall
shall be prescribed by the Ordinances and every hall shall be subject to
inspection by any authority or officer of the University authorised in this
behalf by the Executive Council.
(4)
The Executive Council shall have power
to suspend or withdraw the recognition of any hall on the ground that it is not
conducted in accordance with the conditions prescribed by the Ordinances:
Provided
that no such action shall be taken without affording the managing authority of
such hall an opportunity of making such representation as it may deem fit.
Section 43 - Admission to University courses.
(1)
Students shall not be eligible for
admission to a course of study for a degree unless they have passed the final
examination held under the Chhattisgarh Madhyamik Shiksha Adhiniyam, 1965 (No.
23 of 1965), or an examination recognised in accordance with the provisions of
this section as equivalent thereto and passes, such further qualifications as
may be prescribed by the Ordinances and have been enrolled as students of the
University.
(2)
The University may with the previous
sanction of the [Commissioner,
Higher Education] recognise for the purposes of admission to a course of study
for a degree as equivalent to its own degrees and any degree conferred by any
other University, or as equivalent to the final examination held under the
Chhattisgarh Madhyamik Shiksha Adhiniyam, 1965 (No. 25 of 1965), any other examination.
(3)
No student shall be admitted to a
course of study leading up to a degree unless he is enrolled as a student in a
College, Teaching Department or School of Study:
Provided
that a student shall be admitted to a course of study leading upto—
(i) a Bachelor’s
Degree or Master’s Degree in Mathematics in the Faculty of Science;
(ii) a degree in
the Faculty of Arts, Faculty of Social Science or the Faculty of Commerce;
(iii) a Bachelor’s
degree in the Faculty of Law, in the case of women student permitted by a
notification under the third proviso to clause (10) of Section 6, whether such
student is enrolled as a student of a college, teaching department, school of
studies or not.
[(iv) a Bachelor’s degree in the Faculty of Home Science.]
(4)
Student who are not enrolled as
members of a College, Teaching Department or School of Studies shall be
non-collegiate students of the University.
Section 44 - Appointments of Examiners and Moderators.
(1)
Subject to the provisions of the
Statutes, all Examiners and Moderators of examination questions shall be
appointed by the Kulpati, in consultation with the Committee consisting of the
following members:
(i)
the Dean of the Faculty concerned who
shall be the Chairman of the Committee;
(ii)
the Chairman of the Board of Studies
concerned;
(iii)
a member of the Board of Studies
concerned to be nominated for the purpose by the Kulpati.
(2)
If during the course of an examination
any Examiner becomes for any cause, incapable of acing as such, the Kulpati
shall appoint an Examiner to fill the vacancy.
Section 45 - Inspection of Colleges and Reports.
(1)
Every College shall furnish such
reports, returns and other information as the Executive Council, after
obtaining the opinion of the Academic Council, may, require to enable it to
judge the efficiency of the College or Institution.
(2)
The Executive Council shall cause such
College or Institution to be inspected from time to time by one or more
competent persons authorised by the Executive Council in this behalf.
(3)
The Executive Council may call upon
any such College or Institution so inspected to take within a specified period,
such action as may appear to it to be necessary.
Section 46 - Registered graduates.
[(1)] The following persons shall, on payment of such fees
as may be prescribed by the Statutes be entitled to have their names enrolled
in the register of registered graduates to be maintained in such form as may be
prescribed by the Statutes—
(a)
any graduate of the University;
(b)
any graduate of atleast three years
standing of any other University incorporated by Laws in India and residing
within the territorial jurisdiction of the University:
Provided
that a graduate registered as a registered graduate in more than one of the
Universities under the enactments repealed under Section. 2, shall within a
period of six months from the date appointed under sub-section (3) of Section
1, by a declaration, in such form as may be prescribed by Statutes filed before
the Registrar of any of the Universities in respect of which he fulfils the
conditions laid down in clause (a) or (b) above exercise his option to be a
registered graduate of such University and on exercise of such option he shall
cease to be a registered graduate of all the other Universities of which he was
a registered graduate before the date aforementioned:
Provided
that if any such registered graduate fails to exercise the option under the
preceding proviso, he shall, on the expiration of the period of six months from
the date appointed under sub-section (3) of Section 1, cease to be a registered
graduate of all the Universities of which he was a registered graduate
[(2) Notwithstanding the fact that the period specified in
the provisos to sub-section (1) has expired, the Kuladhipati may, if he is of
the opinion that it is necessary to do in respect of any University, by order
declare that the said period shall stand extended by a further period of six
months from the date of expiry of the aforesaid period in respect of that
University and thereupon the reference to the period of six months in the said
provisos shall with respect to that University, be read and construed a
reference to the period so extended.]
Section 47 - Annual Report.
The
annual report of the University shall be prepared under the direction of the
Executive Council and shall be submitted to the Court on or before the date as
may be prescribed by the Statutes and shall be considered by the Court at its
annual meeting. The Court may pass resolution thereon and communicate the same
to the Executive Council. [The
University shall, thereafter, send a copy of the annual report to the State
Government and the State Government shall, as soon as may be, cause the same to
be laid on the table of the State Legislative Assembly.]
Section 48 - Audit of Accounts.
(1)
The accounts of University shall at
least once every year at intervals of not more than fifteen months be audited
by the Examiner of Local Fund Accounts of the State.
[(1-a) Notwithstanding anything contained in sub-section
(1), the Accountant General, Madhya .Pradesh may, with the previous approval of
the Governor, audit all receipts and expenditures of any University established
under this Act, where the grant or loan to such University from the
Consolidated Fund of the State, in a financial year is not less than rupees one
crore.
(1 -b) Where the receipts and expenditure of any University
is, by virtue of the fulfilment of the condition specified in sub-section
(1-a), audited by the Accountant General, Chhattisgarh in a financial year, he
shall continue to audit the receipts and expenditure of that University for a
further period of two years notwithstanding that the condition specified in
sub-section (1-a) is not fulfilled during any of the two subsequent years.]
[(2) The copy of the audited accounts together with the
audit report shall be submitted by the Executive Council to the Court, [the
Commissioner, Higher Education] and the State Government. The State Government
shall, as soon as may be, cause the same to be laid on the table of the State
Legislative Assembly.]
Section 49 - Appointment to teaching posts.
(1)
No person shall be appointed—
(i)
as a Professor, Reader, [x
x x] or Lecturer; or
(ii)
to any other teaching post of the
University paid by the University except on the recommendation of a committee
of selection constituted in accordance with sub-section (2):
Provided
that if appointment to any of the teaching posts aforesaid is not expected to
continue for more than [six
months] and cannot be delayed without detriment to the interest of the
Departmental or institution maintained by the University, the Executive Council
may make such appointment without obtaining the recommendation of the committee
of selection constituted under sub-section (2) but the person so appointed
shall not be retained on the same post for a period exceeding [six
months] or appointed to another post in the service of the University except on
the recommendation of the said committee of selection:
[Provided further that any such appointment purported to
have been made under the preceding proviso prior to the 13th day of February,
1974 and continuing on such date shall continue till the 30th day of June, 1974
or the filling up of the post in accordance with sub-section (5), whichever is
earlier.]
(2)
The members of the committee of
selection shall be:
(i) the Kulpati Chairman;
[(i-a) xxx]
[(ii) xxx]
[(iii) one expert to be nominated by Kuladhipati from a
panel, submitted by the Academic Council of three experts in the subject not
connected with the University in any manner whatsoever;
(iv) Three subject experts, not connected with the
University in any manner whatsoever to be nominated by the Kuladhipati]:
[Provided that atleast one of the three experts shall be
nominated from category of Scheduled Castes, Scheduled Tribes or Other Backward
Classes. In case of non-availability of an expert from these categories, one
Administrative Officer not below the rank of Commissioner, who belongs to
reserved categories, shall be nominated.]
[(v) xxx]
[(3) Three members of the Selection Committee shall form a
quorum.]
[(4) The Committee shall investigate the merits of the
various candidates, and shall recommend to the Executive Council the names, if
any, of persons whom it considers suitable for the posts, arranged in order of
merit:]
[Provided that no recommendation shall be made unless at
least two experts nominated under clauses (iii) and (iv) of sub-section (2) are
present in the meeting in which such recommendation is to be decided upon.]
[(5) Out of the names so recommended under sub-section (4),
the Executive Council shall appoint persons in order of merit]:
Provided
that where Executive Council proposes to make the appointment otherwise than in
accordance with the order of merit arranged by the committee, the Executive
Council shall record its reasons in writing and submit its proposal for
sanction of the Kuladhipati.
Section 49A - Promotion of teachers.
[(1) Notwithstanding anything to the contrary contained in
any other provisions of this Act, a Lecturer or a Reader in the University
substantively appointed under Section 49, who has put in such length of service
and possesses such qualifications as prescribed in the promotion scheme
formulated by the University Grants Commission, or the Ministry of Human
Resources Development, Department of Education, Government of India and adopted
by the State Government and the University, may be given promotion to the post
of Reader or Professor, respectively.
(2) Such promotions
shall be given on the recommendation of the Selection Committee constituted
under sub-section (2) of Section 49 in such manner and subject to such
conditions as prescribed in the promotion schemes or in the Ordinance made by
the University.
(3) Nothing
contained in this section shall affect the posts of the teachers of the
University to be filled by direct recruitment in accordance with the provisions
of Section 49.
(4) For promotion,
the higher post shall be deemed to be automatically created by upgradation of
the lower post and it shall be a cadre post:
Provided
that the higher post shall automatically be converted into the lower post when
the incumbent vacates the higher post].
Section 50 - Salaries of teachers paid by University.
The
payment of the salaries to the teachers of the University paid by the
University shall be in accordance with scales fixed by the Executive Council by
Ordinance with the prior approval of the State Government.
Section 51 - State Government to assume financial control in certain circumstances.
(1)
If the State Government is satisfied
that owing to mal-administration or financial mis-management in the University
a situation has arisen whereby financial stability of University has become
insecure, it may, by a notification, declare that the finances of such
University shall be subject to the control of the State Government.
(2)
Every notification issued under
sub-section (1) shall, in the first instance, remain in operation for a period
of one year from the date specified in the notification and the State
Government may, from time to time, by a like notification, extend the period of
operation by such further period as it may think fit, provided that the total
period of operation does not exceed three years.
(3)
During the period the notification
issued under sub-section (1) remains in operation, the executive authority of
the State Government shall extend to the giving of directions to the said
University to observe such canons of financial property as may be specified in
the direction and to the giving of such other directions as the State
Government may deem necessary and adequate for the purpose.
(4)
Notwithstanding anything contained in
this Act, any such direction may include:
(i)
a provision requiring the submission
of the budget to the State Government for sanction;
(ii)
a provision requiring the University
to submit every proposal involving financial implication to the State
Government for sanction;
(iii)
a provision requiring the submission
of every proposal for revision of scales of pay and rates of allowances of the
officers, teachers, and other persons employed by the University to the State
Government for sanction;
(iv)
a provision, requiring the reduction
of salaries and allowances of all or any class of persons employed by
University;
(v)
a provision requiring the reduction in
the number of officers, teachers and other persons employed by the University;
(vi)
a provision requiring the lowering
down of scales of pay and rates of allowances;
(vii)
a provision in regard to such other
matters as may have the effect of reducing the financial strain on the
University.
(5)
Notwithstanding anything contained in
this Act, it shall be binding on every authority of the University and every
officer of the University to give effect to the direction given under this
section.
(6)
Every officer of the University shall
be personally liable for misapplication of any fund or property of the
University as a result of non-compliance of the direction given under this
section to which he shall have been a party or which shall have happened
through or been facilitated by gross neglect of his duty as such officer, and
the loss so incurred shall, on a certificate issued by the Secretary to
Government, Chhattisgarh, Education Department, be recovered from such officer
as an arrear of land revenue:
Provided
that no action to recover the amount of loss as an arrear of land revenue shall
be taken until reasonable opportunity has been given to the person concerned to
furnish an explanation and such explanation has been considered by the State
Government.
Section 52 - Power of State Government to apply Act in modified form with a view to provide for better administration of University in certain circumstances.
(1)
If the State Government on receipt of
a report or otherwise, satisfied that a situation has arisen in which the
administration of the University cannot be carried out in accordance with the
provisions of the Act, without detriment to the interests of the University,
and it is expedient in the interest of the University so to do, it may by
notification, for reasons to be mentioned therein, direct that the provisions
of Sections 13, 14, 20 to 25, 40, 47, 48, 54 and 68 shall, as from the date
specified in the notification (hereinafter in this section referred to as the
appointed date), apply to the University subject to the modifications specified
in the Third Schedule.
(2)
The notification issued under
sub-section (1) (hereinafter referred to as the notification) shall remain in
operation for a period of one year from the appointed date and the State
Government may, from time to time, extend the period by such further period as
it may think fit so however that the total period of operation of the
notification does not exceed three years.
(3)
The Kuladhipati shall simultaneously
with the issue of the notification appoint the Kulpati under Sections 13 and 14
as modified and the Kulpati so appointed shall hold office during the period of
operation of the notification:
Provided
that the Kulpati may, notwithstanding the expiration of the period of operation
of the notification, continue to hold office thereafter until his successor
enters upon office but this period shall not exceed one year.
(4)
As from the appointed date, the
following consequences shall ensue namely:
(i)
during the period of operation of the
notification, this Act shall effect subject to the modifications specified in
the Third Schedule;
(ii)
the Kulpati, holding office
immediately before the appointed date, shall notwithstanding that his term of office
has not expired, vacate his office;
(iii)
every person holding office as a
member of the Court, the Executive Council or the Academic Council, as the case
may be, immediately before the appointed date shall cease to hold that office;
(iv)
the student representatives of the
University on the student consultative committee under clause (i) of
sub-section (1) of Section 54 immediately before the appointed date shall cease
to be members of the said committee;
(v)
until the Court, Executive Council or
Academic Council, as the case may be, is reconstituted in accordance with the
provisions as modified, the Kulpati appointed under Sections 13 and 14 as
modified shall exercise the powers and perform the duties conferred or imposed
by or under this Act, on the Court, the Executive Council or Academic Council:
Provided
that the Kuladhipati may, if he considers it necessary so to do, appoint a
committee consisting of an educationist, an administrative expert and a
financial expert to assist the Kulpati so appointed in exercise of such powers
and performance of such duties.
(5)
Before the expiration of the period of
operation of the notification or immediately as early as practicable
thereafter, the Kulpati shall take steps to constitute the Court, Executive
Council and Academic Council in accordance with the provisions of the Act, as
unmodified and the Court, Executive Council and Academic Council as so
constituted shall begin to function on the date immediately following the date
of expiry if the period of operation of the notification of the date on which
the respective bodies are so constituted whichever is later:
Provided
that if the Court, Executive Council and Academic Council are not constituted
before the expiration of the period of operation of the notification, the
Kulpati shall on such expiration, exercise the powers of each of these
authorities subject to prior approval of the Kuladhipati till the Court,
Executive Council or Academic Council, as the case may be, is so constituted.
Section 53 - Effect on expiration of the period of operation of notification under Section 52.
On
expiration of the period of operation of the notification issued under Section
52, the provisions of this Act, as modified in application to the University
mentioned in the notification shall cease to operate in respect thereof and the
other relevant provisions of this Act shall review and continue to apply
thereto:
Provided
that the expiration of the operation of the notification shall not affect:
(a)
the previous operation of, or anything
done or suffered under the provisions as modified or any order made thereunder;
or
(b)
any right, privilege, obligation or
liability acquired, accrued or incurred under the provisions as modified or any
order made thereunder; or
(c)
any investigation or remedy in respect
of any such right, privilege, obligation or liability as aforesaid, and such
investigation or remedy may be instituted or enforced as if the modified
provisions had not ceased to apply.
Section 54 - Student Consultative Committee.
(1)
There shall be a State-level Student
Consultative Committee consisting of the following members, namely:
(i)
Three students representative from
each University elected by .the student members of the Court of that University
from amongst themselves, one each from student members under items (xxii),
(xxiii) and (xxiv) of Section 20:
Provided
that if the student representatives under this item do not include—
(i)
a student from the Medical Colleges in
the State; or
(ii)
a student from the Engineering
Colleges in the State. A student each representing Medical Colleges and
Engineering Colleges in the State shall be nominated by the State Government:
Provided
further that if the student representatives included less than two girl
students, the State Government shall nominate such number of girls students as
to make their number two.
(ii)
two Kulpatis of Universities by
rotation in the order in which the Universities are named in the Second
Scheduled nominated by the State Government;
(iii)
two Registrars of Universities by
rotation in the reverse order to that referred to in item (ii) nominated by the
State Government;
(iv)
two Deans of Students Welfare or such
other two officers as are incharge of students welfare in the Universities
nominated by the State Government;
(v)
an officer of the [Higher]
Education Department not below the rank of Deputy Secretary to Government
nominated by the State Government.
Explanation.
For the purpose of this sub-section, “Student” shall have meaning assigned
thereto in Section 20.
(2)
The member nominated under item (v) of
sub-section (1) shall be the Convenor.
(3)
The Committee shall elect its own
Chairman for every meeting from amongst the members present.
(4)
The term of the committee shall be one
year and the term of office of members of the committee shall be co-terminus
with the term of the committee.
(5)
The committee shall have the powers to
discuss and make recommendations on—
(i)
the approach to Higher Education of
Universities;
(ii)
academic programmes of general
significance;
(iii)
organisation and programming of
teaching work and examinations;
(iv)
extra-curricular and co-curricular
activities in Colleges and Universities including organisation of Inter
University competitions and Tournaments and youth festivals;
(v)
student welfare activities in Universities
including Health Services;
(vi)
work experience programmes for
students;
(vii)
organisation of social service by
students;
(viii)
residence and discipline of students;
(ix)
any other matter of interest to
students in general.
(6)
The Committee may—
(a)
lay down a Code of Conduct for
students;
(b)
recommend steps for the promotion of
teacher student relationship;
(c)
suggest agencies and steps for
resolving differences between students and the administration in educational
institutions.
(7)
The Committee may communicate its
views on matters included in sub-sections (5) and (6) to any or all
Universities, as the need be, for consideration.
Section 55 - Disputes as to constitution of University authorities and bodies.
If
any question arises regarding the interpretation of any provisions of this Act
or of any Statutes, Ordinance or Regulation or as to whether any person has
been duly elected, appointed as or is entitled to be, a member of any
authority, or other body of the University, the matter shall be referred to the
Kuladhipati whose decision thereon shall be final:
[Provided that before taking any such decision, the
Kuladhipati himself or an officer nominated by him, shall give the person or
persons affected thereby a reasonable opportunity of being heard.]
Explanation [I].—In
this section, the expression “body” includes any committee constituted by or
under the Act.
[Explanation II.—In this section, the expression
“appointed” does not include appointments to the salaried posts of the
University.]
Section 56 - Constitution of Committees.
Where
any authority of the University is given power by this Act, or the Statutes to
appoint committees, such committees shall, save as otherwise provided, consist
of members of the authority concerned and of such other persons, if any, as the
authority, in each case, may think fit.
Section 57 - Filling of casual vacancies.
Save
as otherwise provided in this Act, all casual vacancies among the members other
than ex-officio members of any authority, committee or other body of the
University shall be filled, as soon as conveniently may be, by the person or
body who nominated, appointed, elected or co-opted the member whose place has
become vacant, and the person nominated, appointed, elected or co-opted the
member whose place has become vacant, and the person nominated, appointed,
elected or co-opted to a casual vacancy shall be a member of such authority,
committee or body for the remainder of the term for which the person whose
place he fills would have been a member.
Section 58 - Proceedings of University and bodies not invalidated by vacancies.
No
act or proceeding of any authority, committee or body of the University shall
be invalid merely by reason of—
(a)
any vacancy in or defect in the
constitution thereof; or
(b)
any defect in the election, nomination
or appointment of a person acting as a member thereto; or
(c)
any irregularity in its procedure not
affecting the merits of the case.
Section 59 - Conditions of service.
(1)
Every salaried officer and teacher of
the University paid by the University shall be appointed under a written
contract which shall be lodged with the University and a copy thereof furnished
to the officer or teacher concerned:
[Provided that nothing in this sub-section shall apply in
respect of persons whose services are secured on deputation or who are
appointed in the Service created under sub-section (1) of Section [15-C].
[(2) Any dispute regarding service matters arising out of
contract or otherwise between a University and any of its salaried employees
shall be adjudicated upon by the Vice-Chancellor and an appeal against the
Vice-Chancellor’s decision shall lie to the Kuladhipati, who shall decide the
dispute himself or refer it to a Tribunal constituted for the purpose
consisting of the following members, namely:
(i)
a Senior Vice-Chancellor of any of the
University;
(ii)
a Senior Secretary to the State
Government; and
(iii)
a Senior Principal of the
post-graduate college of the State.]
[(3) xxx]
Section 60 - Pension and Provident Fund.
(1)
The University shall constitute, tor
the benefit of its officers, teachers, clerical staff and other employees in
such manner and subject to such conditions as may be prescribed by the statutes
such pension, insurance and provident fund and institute such other benefits as
it may deem fit.
(2)
Where any such pension, insurance or
provident fund has been so constituted or where any such pension, insurance or
provident fund has been constituted by a college under rules which have been
approved by the State Government, the State Government may declare that the
provisions of the Provident Fund Act, 1925 (No. 19 of 1925), shall apply to
such fund as if it were a Government Provident Fund.
Section 61 - Protection of acts and orders.
No
suit, prosecution or other legal proceedings shall lie against any officer, teacher
or other employee of the University for anything which is in good faith done or
intended to be done by him under this Act, or the Statutes, Ordinances or the
Regulations.
Section 62 - Approval for imparting instructions.
No
person shall impart instruction in the University or in any College—
(a)
unless such person possesses the
qualifications laid down by the Academic Council in that behalf; and
(b)
except in such subject or subjects and
upto the standard for i which his qualifications have been approved by the
Academic Council.
Section 63 - Classification of Teachers.
(1)
“Professor” and “Reader” mean
respectively teachers appointed by the Executive Council on the scales of pay
not lower than that approved for a Professor and a Reader by the University
Grants Commission and accepted by the State Government and where the scale of
pay approved by the University Grants Commission is higher than that approved
by the State Government in this behalf then on the scale of pay as approved by
the State Government.
(2)
“Visiting Professor” means a Professor
invited by the Executive Council for a fixed term of years or appointed by the
Executive Council for a short term stipulated in the contract.
[(3) A teacher other than Professor, Visiting Professor and
Reader in any University Teaching Department or Schools of Studies shall, rank
as Lecturer if appointed on a scale of pay—
(a)
not lower than that approved for a
Lecturer by the University Grants Commission and accepted by the State
Government;
(b)
lower than that approved for a Lecturer
by the University Grants Commission and approved by the State Government in
this behalf.]
(4) “College
Professor” means a teacher appointed on the scales of pay not lower than that
approved by the State Government for a Professor in a College for professional
education or in any other college imparting instructions in the subject
concerned upto post-graduate level and includes a Principal of such College who
proved to the satisfaction of the Academic Council that he engages himself in
guiding research and teaching the subject in addition to the administrative
work of the office of the Principal.
[(5) “Reader and Lecturer” in a College, shall respectively
mean person appointed as Reader or Lecturer in an affiliated College on a scale
of pay not lower than that approved by the State Government for Reader or
Lecturer in a College as the case may be, and the expression “Lecturer”
includes the person appointed prior to the 13th day of January, 1978 as
Assistant Professor].
(6) A teacher who
is appointed on part-time or honorary basis in the Faculty of Law or in any
other Faculty where such appointment is permitted by the Academic Council,
shall rank as Lecturer.
Section 64 - Term of office of member of authority of University.
(1)
Whenever in accordance with this Act,
any person is to hold an office or to be a member of any authority by rotation
according to seniority, such seniority in the absence of any provision to the
contrary in the Act, shall be determined in accordance with the Statutes:
Provided
that till the Statutes are made, the seniority in a particular cadre shall be
determined by the length of continuous service in such a cadre and where the
length of continuous service of two or more persons in the same cadre is the
same, then “Seniority” shall be determined by seniority in age.
(2)
Whenever any person becomes a member
of any authority by virtue of the post or office held by him or by virtue of
possessing a specified qualification, he shall forthwith cease to be a member
of such authority if he ceases to hold such post or office or if he ceases to
possess such qualification before the expiry of the term of his membership:
Provided
that he shall not be deemed to have ceased to hold his post or office merely by
reason of his proceeding on leave for a period not exceeding four months.
Section 65 - Resignation of member or officer of University.
(1)
Any member other than an ex-officio
member of the Court, the Executive Council, the Academic Council or any other
University Authority or Committee or Dean of a Faculty may resign by a letter
addressed to the Registrar, and the resignation shall take effect as soon as
the letter is received by the Registrar.
(2)
Any officer of the University, whether
salaried or otherwise, other than a Dean, may resign his office by letter
addressed to the Registrar. Such resignation shall effect from the date on
which the same is accepted by the authority competent to fill the vacancy.
Section 66 - Disqualifications for being member of authority.
(1)
A person shall be disqualified for
being chosen, and for being a member of any of the authorities of the
University:
(a)
if he is of unsound mind;
(b)
if he is deaf, mute or suffering from
any contiguous disease;
(c)
if he is undischarged insolvent;
(d)
if he has been convicted by a Court of
Law of an offence involving moral turpitude and sentenced in respect thereof to
imprisonment for not less than six months.
(2)
If any question arises as to whether a
person is or had been subject to any of the disqualifications mentioned in
sub-section (1), the question shall be referred for the decision of the
Kuladhipati and his decision thereon shall be final and no suit or other
proceeding shall lie in any Court of Law against such decision.
Section 67 - Power to remove member from register of graduates or any authority or body of University.
(1)
The Kuladhipati may, on the request of
the Executive Council, remove the name of any person from the register of
graduates and remove the name of any person from membership of any authority or
body of the University if:
(i)
he is guilty of gross misbehaviours;
or
(ii)
he acts prejudicial to the interest of
the University:
Provided
that the Kuladhipati shall cause a preliminary enquiry to be made and if he is
satisfied that a prima fake case exists, he shall serve on such registered
graduate or a member of any authority or body, as the case may be, a charge
sheet in writing, stating the misbehaviour or the act prejudicial to the
interest of the University, as the case may be.
(2)
After taking into consideration the
reply to the charge-sheet submitted to him by the registered graduate or member
of the authority or body of the University, as the case may be, under
sub-section (1), the Kuladhipati may, if he considers that further action is
necessary, entrust the enquiry to a Tribunal consisting of a nominee of the
Kuladhipati, a nominee of the Executive Council and a nominee of the accused
registered graduate or member, as the case may be.
(3)
The Tribunal shall after giving the
accused registered graduate or member, as the case may be, an opportunity of
being heard and examining such evidence as may be necessary, record its finding
and forward it to the Kuladhipati.
(4)
The Kuladhipati may, after considering
the report of the Tribunal pass such final orders as he considers necessary:
Provided
that no order shall be passed unless the accused registered graduate or member,
as the case may be, has been given a reasonable opportunity to show cause as to
why the proposed action should not be taken against him.
[(5) The provisions of sub-sections (1) to (4) shall not
apply where the Kuladhipati is satisfied that in the interest of the University
it is not expedient to hold such enquiry and to issue any show-cause notice or
to give an opportunity of being heard to any member nominated by him before the
removal of such member.]
Section 68 - Removal of difficulties.
If
any difficulty arises as to the first constitution or reconstitution of any
authority of the University after the commencement of this Act, or otherwise in
giving effect to the provisions of this Act, the State Government, as occasion
may require, may by order do anything which appears to it necessary for the
purpose of removing the difficulty.
Section 69 - Modification of this Act in its application to the University established after 1st January, 1983 or to be established at any time thereafter.
[In its application to the University established after the
1st day of January, 1983 or to be established at any time thereafter the
provisions of this Act shall be subject to the modification specified in the
Fourth Schedule:
Provided
that the person elected under clause (iii) of sub-section (1) of Section 23,
before the commencement of the Chhattisgarh Vishwavidyalaya (Sanshodhan)
Adhiniyam, 1988 shall continue to hold their office as members of the Executive
Council till the expiry of their term of office notwithstanding the
modification specified in the said Schedule.]
THE FIRST SCHEDULE
[See Section 2 (i)]
ENACTMENTS REPEALED
(1)
The University of Saugar Act, 1946
(No. 16 of 1946).
(2)
The Madhya Bharat Vikram University
Act, 1955 (No. 18 of 1955).
(3)
The Jabalpur University Act, 1956 (No.
22 of 1956).
(4)
The Ravishankar University Act, 1963
(No. 13 of 1963).
(5)
The Indore University Act, 1963 (No.
14 of 1963).
(6)
The Jiwaji University Act, 1963 (No.
15 of 1963).
(7)
The Awadhesh Pratap Singh Vishwa
Vidyalaya Adhiniyam, 1968 (No. 22 of 1968).
(8)
The Bhopal Vishwa Vidyalaya Adhiniyam,
1970 (No. 28 of 1970).
THE SECOND SCHEDULE
[See Section 2 (ii)]
[PART I
|
S.No.
|
Name of the University
|
Headquarters
|
Territorial Jurisdiction
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
Area comprised within the limits of the revenue districts.
|
|
1.
|
Dr. Hari Singh Gour Vishwavidyalaya, Sagar
|
Sagar
|
Sagar, Tikamgarh, Chhatarpur, Panna, Chhindwara and Damoh.
|
|
2.
|
Vikram Vishwavidyalaya, Ujjain
|
Ujjain
|
Ujjain, Ratlam, Mandsaur, Shajapur and Dewas.
|
|
3.
|
Rani Durgawati Vishwavidyalaya, Jabalpur
|
Jabalpur
|
Jabalpur, Mandla, Seoni, Balaghat and Narsinghpur.
|
|
4.
|
Pt. Ravishankar Shukla Vishwavidyalaya, Raipur
|
Raipur
|
Raipur, Durg, Rajnandgaon and Bastar.
|
|
5.
|
Devi Ahilya Vishwavidyalaya, Indore
|
Indore
|
Indore, Jhabua, Dhar, Khargone (West Nimar) and Khandwa (East Nimar).
|
|
6.
|
Jiwaji Vishwavidyalaya, Gwalior
|
Gwalior
|
Gwalior, Bhind, Morena, Shivpuri, Guna and Datia.
|
|
7.
|
Awadhesh Pratap Singh Vishwavidyalaya, Rewa
|
Rewa
|
Rewa, Satna, Sidhi and Shahdol.
|
|
8.
|
Barkatullah Vishwavidyalaya, Bhopal
|
Bhopal
|
Bhopal, Sehore, Raisen, Vidisha, Hoshangabad, Rajgarh and Betul.]
|
[Construction of references to Ravishankar University.-
All
Notifications, Orders, Rules, Byelaws, Statutes, Ordinances, Regulations,
Certificates, Degrees, Diplomas or any other document whatsoever issued, made
or prescribed under any enactment which immediately before the commencement of
the Chhattisgarh Vishwavidyalaya (Sanshodhan) Adhiniyam, 1992 were in force or
otherwise shall be construed as if references therein to the Ravishankar
University were references to the Pandit Ravishankar Shukla University.]
[PART II
|
Name of the University
|
Headquarters
|
Territorial jurisdiction
|
|
Guru Ghasidas Vishwavidyalaya
|
Bilaspur
|
Areas comprised within the limits of revenue districts of Bilaspur,
Raigarh and Surguja.]
|
THE THIRD SCHEDULE
[See Section 52]
(1)
Sections 13 and 14.-
For
Sections 13 and 14 substitute:-
“14. The Kulpati-Kulpati shall be appointed by the
Kuladhipati in consultation with the State Government and may be removed by the
Kuladhipati in the like manner.”
(2)
Sections 20, 21, 22 and 23.-
For
Sections 20, 21, 22 and 23 substitute:
“20. Constitution of Court.-
(1)
The Courts shall consist of the
following:
(i)
the Kuladhipati;
(ii)
the Kulpati;
[(ii-a) the Rector;]
(iii)
the Mayor of the Municipal
Corporation, or the President of the Municipal Council, as the case may be, at
the headquarters of the University;
(iv)
the Secretary to the Government of
Chhattisgarh [Higher]
Education Department;
(v)
the Commissioner of the Division in
which the headquarters of the University is situate;
(vi)
the Collector of the District in which
the headquarters of the University is situate;
(vii)
the Chairman, Board of Secondary
Education, Chhattisgarh.
(viii)
Ten members including not more than
three representatives of students to be nominated by the Kuladhipati;
(ix)
Two members to be nominated by the
State Government;
(x)
Three representatives of the
Legislative Assembly to be elected by the Legislative Assembly from amongst its
members and pending such election to be nominated by the Speaker.
The
term of all members of the Court other than representatives of students under
clause (viii) of the sub-section (1) shall be co-extensive with the period of
operation of the notification issued under Section 52 and the term of the
representative of students shall be one year from the date of his nomination or
till the expiration of the period of operation of the notification whichever is
earlier.
Explanation.-For
the purpose of clause (viii) of sub-section (1), the expression Student shall
have the meaning assigned to the expression in sub-section (2) of Section 28.
“21. Meeting of Court.-
(1)
The Court shall, on a date fixed by
the Kulpati, meet once a year at a meeting of the Court.
(2)
The Kulpati may, whenever he thinks
fit, and shall upon a requisition in writing signed by not less than one-third
of the members of the Court, convene a special meeting of the Court as early as
possible.
(3)
Ten members of the Court shall form a
quorum.
“22. Functions of Court.-
The
Court, shall be an advisory body and shall:-
(a)
advise the State Government in respect
of such matters as may by referred to it for advise;
(b)
advise any authority or body of the
University in respect of such matters as may be referred to it by such
authority or body;
(c)
to confer degrees, diplomas and other
academic distinction on the recommendation of the Executive Council;
(d)
perform such other duties and exercise
such other powers as may be assigned to it by or under this Act or the Statutes
and Ordinances made thereunder or by the State Government.
“23. Executive Council.-
(1)
Subject to the control of the State
Government, the Executive Council shall be the executive body of the University
and shall notwithstanding anything contained in this Act, consist only of the
following persons, namely:-
(i)
the Kulpati;
[(i-a) the Rector;]
(ii)
six members to the nominated by the
Kuladhipati from among eminent public men and educationists.
(2)
The term of all members of the
Executive Council shall be co-extensive with the period of operation of the
notification issued under Section 52.
(3)
Four members of the Executive Council
shall form a quorum.”
(3)
Section 24.-
Re-number
Section 24 as sub-section (1) thereof and after sub-section (1) as so
renumbered, insert-
“(2)
The Executive Council shall, in the exercise of the powers and the performance
of duties under sub-section (1), be subject to the control of the State
Government.
(3)
Notwithstanding anything contained in this Act, the annual accounts and the
financial estimates shall be considered by the State Government who may
communicate its views to the Executive Council which shall take them into
consideration and take such action thereon as it thinks fit and inform the
State Government when no action is taken, of its reasons therefor.”
(4)
Section 25.-
For
Section 25, substitute:-
“25. Academic Council.-
(1)
The Academic Council shall be the
Academic Body of the University consisting of the following members, namely:
(i)
the Kulpati;
[(i-a) the Rector;]
(ii)
[Commissioner, Higher Education], Madhya/Pradesh;
(iii)
The Chairman, Board of Secondary
Education, Chhattisgarh;
(iv)
two members to be nominated by the
Kuladhipati;
(v)
ten Principals of the Colleges to be
nominated by the Kuladhipati;
(vi)
heads of University Teaching
Department;
(vii)
five teachers other than those
mentioned in (iv) and (v) above to be nominated by the Kuladhipati.
(2)
The term of the nominated members of
the Academic Council shall be co-extensive with the period of operation of the
notification issued under Section 52.
(3)
Ten members of the Academic Council
shall form a quorum.”
(5)
Section 40.-
In
Section 40, for sub-section (3), substitute-
“(3) Subject to the control of the State Government, the
Executive Council may modify or annul any regulation made under this section by
any authority or body.”
(6)
Section 47.-
For
Section 47 substitute-
“47. Annual Reports.-The annual report of the University
shall be prepared under the direction of the Executive Council and shall be
submitted to the State Government on or before such date as may be prescribed
by Statutes.”
(7)
Section 48.-
In
Section 48, for sub-section (2), substitute-
“(2) The accounts when audited, shall be published in
Gazette and copy of the accounts together with the audit report shall be
submitted by the Executive Council to the [Commissioner,
Higher Education] and the State Government.”
(8)
Section 54.-
In
sub-section (1) of Section 54 after the second proviso, insert:-
“Provided
that if in respect of any University notification has been issued under Section
52, then during the period of operation of such notification the student
representatives on the Court of such University during such period of operation
shall be the members of the Committee”.
(9)
Section 67.-
For
Section 67, substitute:-
“Removal
from membership of the University.-
The
Kuladhipati may, in consultation with the State Government remove any person
from the membership of any authority or other body of the University if such
person is guilty of a serious offence involving moral turpitude, or if he has
been guilty of scandalous conduct and for the same reasons withdraw any degree
or diploma conferred, or granted to any person by the University:
Provided
that no action shall be taken under this section against any person except
after giving him a reasonable opportunity of being heard with regard to the
proposed action.”
[THE FOURTH SCHEDULE
[See Section 69]
In
Section 23:-
(i)
In sub-section (1),-
(a)
Clause (iii) shall be omitted;
(b)
the existing proviso shall be omitted;
and
(ii)
Proviso to sub-section (2) shall be
omitted.”
Transitory Provision.-
On
the commencement of this Act, the following consequences shall ensue, namely:-
(a)
all Colleges within the territorial
jurisdiction of the Guru Ghasidas Vishwavidyalaya which immediately prior to
the commencement of this Act were admitted to the privileges of the Ravishankar
University shall be deemed to be admitted to the privileges of the Guru
Ghasidas Vishwavidyalaya;
(b)
notwithstanding anything contained in
the principal Act or the Statutes, Ordinances or Regulations made thereunder,-
(i)
any student of a college situate
within the territorial limits of the Guru Ghasidas University and affiliated to
the Ravishankar University; or
(ii)
any other student, who immediately
prior to the date of coming into force of this Act was studying or was eligible,
as the case may be, for any examination of the Ravishankar University shall be
permitted to complete his course in preparation therefor, and the Guru Ghasidas
Vishwavidyalaya shall provide for such period, not exceeding three years, and
in such manner as may be prescribed by the Statutes for the instruction,
teaching, training and examination of such students in accordance with the
course of studies of the Ravishankar University.
(c)
notwithstanding anything contained in
the Principal Act, the first Kulpati shall for a period of two years from the
date of commencement of this Act, have the following powers, namely:-
(i)
to constitute provisional authorities
and bodies and on their recommendations to issue instructions of general or
special nature as the circumstances may require for the conduct of the work of
the University;
(ii)
subject to the control of the State
Government to make such financial arrangements as may be necessary to enable
the Principal Act or any part thereof to be brought into operation;
(iii)
with the sanction of the Kuladhipati
to make such appointment as may be necessary to enable the Principal Act or any
part thereof to be brought into operation;
(iv)
with the previous sanction of the
Kuladhipati, to appoint committee, as he may think fit, to discharge such of
his function as he may direct; and
(v)
generally to exercise all or any of
the powers conferred on the Executive Council by the Principal Act,
(d)
any order passed by the Kulpati in
exercise of the powers conferred by items (i), (iii) and (iv) of clause (c)
shall cease to have effect after the expiry of the period of two years from the
commencement of this Act.
(e)
(i) notwithstanding anything contained
in the Principal Act, but subject to provisions of this section, the Statutes,
Ordinances or Regulations in force and as applicable to Ravishankar University,
shall apply “mutatis mutandis” to Guru Ghasidas University.
(ii)
The Kulpati of Guru Ghasidas Vishwavidyalaya for the purpose of making such
changes in the Statutes, Ordinances or Regulations referred to in clause (i),
as he may deem necessary or expedient, provide by order in writing that the
Statutes, Ordinances or Regulations as aforesaid shall have effect subject to
such modifications or adaptations, whether by way of additions, omissions or changes
and from such date as the said Kulpati may specify therein.
Special provision.-
(1)
Section 8 of C.G. Act No. 30 of 1988
is as follows:-
“Construction
of references to Bhopal University.-All Notifications, Orders, Rules, Byelaws,
Statutes, Ordinances, Regulations, Certificates, Degrees, Diplomas or any other
document whatsoever issued, made or prescribed under any enactment which
immediately before the commencement of the Chhattisgarh Vishwavidyalaya
(Sanshodhan) Adhiniyam, 1988 were in force or otherwise shall be construed as
if references therein to the Bhopal University were references to the
Barakatullah University.”
(2)
Section 2 of the C.G. Act No. 10 of
1983 is as under:-
“Change
of name of University of Saugar, Jabalpur and Indore.-
On
and after the commencement of this Act, the Universities mentioned in column
(1) of the table below shall be known by the names specified in the
corresponding entry in column (2) thereof.
TABLE
|
Existing name of the University
|
Name by which the University shall be known.
|
|
The University of Saugar
|
Doctor Harisingh Gour Vishwavidyalaya, Sagar
|
|
The University of Jabalpur
|
Rani Durgavati Vishwavidyalaya, Jabalpur
|
|
The University of Indore
|
Devi Ahilya Vishwavidyalaya, Indore
|
and
any reference to the University of Saugar, the University of Jabalpur or the
University of Indore, as the case may be, in any enactment for the time being
in force or anything made or any rule, order, notification, bye-laws, statute,
ordinance or in any indenture, instrument or other document shall be construed
as a reference to the name of the respective University as shown in column (2)
of the said table.
Inserted by C.G. Act No. 31 of 2001.
Substituted by C.G. Act No. 19 of 1994.
Inserted by C.G. Act No. 6 of 1997.