[Act No. 21 of 1965] [20th October 1965] Act to repeal and re-enact the kameshwara singh
darbhanga sanskrit vishvavidyalaya act, 1960 Be it enacted by the Legislature of the State of Bihar in
the Thirteenth Year of the Republic of India as follows:- (1)
This Act may be called the
Kameshwara Singh Darbhanga Sanskrit Vishvavidyalaya Act, 1962. (2)
It shall come into force
on such date as the State Government may, by notification in the official
Gazette, appoint. In this Act, unless there is anything repugnant in the
subject or context,- (a)
"Academic
Council" means the Academic Council of the University; (b)
"Acharya"
means a person on whom a degree of Acharya has been conferred by the University
and includes a person who holds such a degree conferred on him by the Bihar
Sanskrit Association or a degree recognised by the University as equivalent
thereto; (c)
"Bihar Sanskrit Association"
means the Sanskrit Association constituted by the State Government as referred
to in Chapter VIII of the Bihar Education Code (7th Edition); (d)
"Bihar State
University Commission" means the Commission established under section 3 of
the Bihar State University Commission Act, 1962 (Bihar Act V of 1962); (e)
"Board of Sanskrit
Education" means the Board constituted by the State Government for
exercising control and superintendence over Sanskrit High Schools and for
conducting examinations below Madhyama Standard; (f)
"Chancellor"
means the Chancellor of the University; (g)
"college" means
an institution admitted to or maintained by the University; (h)
"Director" means
the head of any institute; (i)
"Faculty" means
Faculty of the University; (j)
"Head of a University
Department" means the head of any department maintained by the
University for imparting instruction to the students of the University in the
post-graduate standard under conditions prescribed in the Statutes and includes
the Director of any institute maintained by the University for the promotion of
research or for imparting instruction to the students of the University in the
post-graduate standard; (k)
"hostel" means a
place of residence for students of the University maintained or recognised by
the University; (l)
"institute"
means an institute for post-graduate teaching or research or both admitted to
or maintained by the University; (m)
"prescribed"
means prescribed by this Act or by Statutes, or Regulations made thereunder; (n)
"Principal"
means the head of a college; (o)
"Pro-Chancellor"
means the Pro-Chancellor of the University; (p)
"recognition"
with all its grammatical variations and cognate expression means recognition in
accordance with the provisions of this Act and the Statutes; (q)
"registered
Acharya" means a person registered as such in accordance with the
provisions of this Act and the Statutes and includes an Acharya who was
registered as such under the Kameshwara Singh Darbhanga Sanskrit
Vishvavidyalaya Act, 1960 (Bihar Act VI of 1960); (r)
"Senate" means
the Senate of the University; (s)
"Statutes",
"Regulations" and "Rules'" means respectively the Statutes,
Regulations and Rules of the University for the time being in, force; (t)
"Syndicate"
means the Syndicate of the University; (u)
"student of the
University" means a person enrolled in the University or admitted into a
college or institute or recognised institution for the purpose of taking a
course of study for a degree, diploma or other academic distinction; (v)
"teacher" means
a person employed by or serving in the University or a college or institute or
a recognised institution for imparting instruction for a degree, diploma or
certificate of the University or for supervising research work and includes a
Principal and a Director; (w)
"tol" means a
Sanskrit institution recognised by the Bihar Sanskrit Association or by the
University for imparting instruction in the Madhyama, Shastri and Acharya
standards; (x)
"University means the
Kameshwara Singh Darbhanga Sanskrit Vishvavidyalaya incorporated under the Act;
and (y)
"Vice-Chancellor"
means the Vice-Chancellor of the University. (1)
The first Chancellor,
Pro-Chancellor and Vice-Chancellor of the University, the first members of the
Senate and the Syndicate and all persons who may hereafter become such officers
or members so long as they continue to hold such office or membership, are
hereby constituted a body corporate by the name of the Kameshwara Singh
Darbhanga Sanskrit Vishvavidyalaya. (2)
The University shall have
perpetual succession and a common seal and shall sue and be sued by the said
name. Subject to such conditions as may be provided by or under
this Act, the University shall have the following powers and functions,
namely:- (i)
to institute degrees,
diplomas, certificates and other academic distinctions in Sanskrit, Pali and
Prakrit learning and such other branches of learning as the University may
think fit; (ii)
to provide for instruction
in the subject and languages referred to in clause (i); (iii)
to hold examination and to
confer and grant degrees, diplomas, certificates and other academic
distinctions on and to persons satisfying such conditions as may be laid down
in the Regulations; (iv)
to hold any other
examination, not being an examination referred to in clause (iii), as the
University may think fit and to prescribe courses therefor, and to grant
certificates on the results thereof; (v)
to confer honorary degrees
or other distinctions on persons approved in the manner prescribed in the Statutes; (vi)
to receive as gift,
donation or in trust such properties and funds as may be given to the
University and to hold, use and keep account of them in accordance with the
conditions of the gift, donation or trust; (vii)
to demand and receive such
fees as may be prescribed by or under this Act and the Statutes; (viii)
to maintain a University
Library according to the provisions of the Statute; (ix)
to undertake the conduct
of post-graduate teaching, research and work in University departments,
colleges or institutes; (x)
to institute posts for
teaching and research work required by the University and to appoint persons to
such posts in the manner prescribed by or under this Act; (xi)
to institute and award
Fellowships, including travelling fellowships, scholarships, exhibitions,
prizes, medals, shields, cups and trophies in accordance with the provisions of
this Act and the Statutes; (xii)
to maintain hostels for
the residence of the students of the University and to give recognition to the
hostels for such residence not maintained by the University; (xiii)
to enter into agreement
with other bodies or persons for the purpose of promoting the purposes of this
Act including the assuming of the management of any institution under them and
the taking over of its assets and liabilities; and (xiv)
to co-operate with other
Universities and institutions in such manner as the University may determine
and do all such other acts and things as may be requisite for the purpose of
furthering the objects of the University; (xv)
to supervise and control
the residence and discipline of students of the colleges and the University and
to make arrangements for promoting their health and general welfare and for
that purpose to have powers to appoint and constitute such Committees, as may
be prescribed in the Statutes and the Ordinances; (xvi)
to approve the course of
studies prescribed by the Regulations; and (xvii)
to prepare and maintain a
bibliography of Sanskrit literature. No person shall be excluded from membership of any of the
authorities of the University or from admission to any degree or course of
study, on the sole ground of sex, race, creed, class, caste or political belief
and it shall not be lawful for the University to adopt or impose on any person
any test whatsoever relating to religious or political belief or profession, in
order to entitle him to be admitted thereto as a teacher or student, or to hold
any office or appointment therein or to graduate thereat, or to enjoy or
exercise any privilege thereof, except where in respect of any particular
benefaction accepted by the University, such a test is made a condition thereof
by any testamentary or other instrument creating such benefaction: Provided that no benefaction shall hereafter be accepted
which in the opinion of the authorities of the University involves conditions
or obligations opposed to the spirit and object of this section. The University may affiliate educational institutions
imparting Sanskrit, Pali or Prakrit education situated in any part of the
territory of India or outside and recognise teachers of, and admit to its
examinations, candidates from such territory or abroad: Provided that the University shall not, except upon the
recommendation of the Government concerned,- (a)
affiliate or recognise an
institution situated outside the State of Bihar, or (b)
recognise any teacher
employed in any institution situated in any part of the territory of India
other than Bihar or outside and maintained or recognised by the Government of
that territory. The following shall be the officer of the University,
namely:- (i)
the Chancellor; (ii)
the Pro-Chancellor; (iii)
the Vice-Chancellor; (iv)
the Registrar; (v)
the Dean of Faculty; and (vi)
such other persons as may
be declared by the Statutes to be the officers of the University. (1)
The Governor of Bihar
shall be the Chancellor. He shall, by virtue of his office, be the head of the
University and the president of the Senate, and shall, when present, preside at
meetings of the Senate and at any convocation of the University. (2)
The Chancellor shall have
the right to make an inspection, or to cause an inspection to be made by such
person or persons as he may direct, of the University, its buildings,
laboratories, workshops and equipments and of any college or hostel, and also
of the examinations, teaching and other work conducted or done by the
University, and to make an inquiry, or to cause an inquiry to be made, in like
manner in respect of any matter connected with the University: Provided that the Chancellor shall, in every case, give
notice to the Vice-Chancellor of his intention to make an inspection or inquiry
or to cause an inspection or inquiry to be made and the University shall be
entitled to be represented thereat. (3)
(a) The Chancellor may
address the Vice-Chancellor with reference to the result of such inspection or
inquiry, and the Vice-Chancellor shall communicate to the Syndicate the views
of the Chancellor. (b) The Syndicate shall report to the Chancellor such
action, if any, as they have taken or may propose to take upon the result of
such inspection or inquiry, and such report shall be submitted within such time
as the Chancellor may direct through the Senate which may express its opinion
thereon. (c) Where the Syndicate does not, within a reasonable time,
take action to the satisfaction of the Chancellor, the Chancellor may after
considering any explanation furnished or representation made by the Senate and
the Syndicate issue such direction as he may think fit and the Syndicate shall
comply therewith forthwith. (4)
The Chancellor may, by
order in writing, annul any proceedings of the University which is not in
conformity with this Act, the Statutes, and the Regulations; Provided that, before making any such order, he shall call
upon the University to show cause why such an order should not be made, and if
any cause is shown within reasonable time, he shall consider the same. (5)
Every proposal for the
conferment of an honorary degree shall be subject to the confirmation of the
Chancellor. (6)
Where power is conferred
upon him by this Act or the Statutes to nominate persons to authorities and
bodies of the University, the Chancellor shall, to the extent necessary and
without prejudice to such powers, nominate persons to represent interests not
otherwise adequately represented. (7)
The Chancellor shall have
such other powers as may be conferred on him by this Act or the Statutes. (8)
The Chancellor may
delegate any of his functions to the Pro-Chancellor. (1)
The Pro-Chancellors shall,
if the State Government consider it necessary, be appointed by the Chancellor
on the recommendation of the State Government and shall hold office for such
term as the Chancellor may in each case determine. (2)
In the absence of the
Chancellor, the Pro-Chancellor shall, when present, preside at the meetings of
the Senate and at any convocation of the University. (3)
He shall have such other
powers as may be conferred upon him by or under this Act or the Statutes. (4)
If for any reason the
office of the Pro-Chancellor is vacant, the functions of the said office shall
be carried on by the Chancellor. (1)
No person shall be deemed
to be qualified to hold the office of the Vice-Chancellor unless, in the
opinion of the Chancellor, he- (i)
is a person noted for
scholarship in Sanskrit, or (ii)
has made significant
contribution to Sanskrit learning. (2)
The Vice-Chancellor shall
be appointed by the Chancellor on such terms and conditions as may be laid down
by the Chancellor and shall hold office for a term of three years from the date
he assumes charge of his office and the said term of three years shall include
any further period which may elapse between the expiration of the said three
years and the date on which his successor assumes charge of his office. (3)
The Vice-Chancellor, after
the expiration of the term of his office, may be re-appointed for only one more
term specified in sub-section (2). (4)
The Vice-Chancellor shall
be the principal executive and academic officer of the University and shall, in
the absence of the Chancellor and the Pro-Chancellor, preside at meetings of
the Senate and at any convocation of the University. He shall be the Chairman
of the Syndicate and shall be entitled to be present and to speak at any
meeting of any authority or other body of the University: Provided that the Vice-Chancellor shall not vote in the
first instance, but shall have and exercise a casting vote in case of equality
of votes. (5)
The Vice-Chancellor shall,
subject to the provisions of this Act, the Statutes, and the Regulations have
power to make appointments to posts within the sanctioned grades and scales of
pay and within the sanctioned strength of the clerical staff and other servants
of the University not being teachers and officers of the University and shall
have control and full disciplinary powers over such staff and servants. (6)
The Vice-Chancellor shall
have power to convene meetings of the Senate, the Syndicate and other authorities
of the University. (7)
The Vice-Chancellor shall
have the right of visiting and inspecting the colleges, institutes and
recognised institutions, and buildings, libraries, hostels, laboratories and
equipments thereof or of causing such an inspection to be made. (8)
The Vice-Chancellor shall
give effect to the orders of the Syndicate regarding the appointment, dismissal
and suspension of any officer or teacher of the University and shall exercise
general control over the educational arrangements of the University and other
affiliated or recognised institutions. (9)
The Vice-Chancellor shall
exercise and perform such other powers and duties as are conferred or imposed
on him by this Act, the Statutes, and the Regulations. (10)
When any temporary vacancy
occurs in the office of the Vice-Chancellor, by reason of leave, illness or any
other cause, or the Vice-Chancellor is in the opinion of the Chancellor, unable
to perform his functions on account of his absence from the head-quarters or
for any other reason, the Chancellor shall make such arrangements as he thinks
fit for carrying on the office of the Vice-Chancellor. Officers of the University other than the Chancellor,
Pro-Chancellor and the Vice-Chancellor, shall be appointed in such manner, upon
such terms and conditions and for such period as may be laid down in the Act
and Statutes and they shall exercise and perform such powers and duties as may
be prescribed by this Act and the Statutes. The following shall be the authorities of the University,
namely:- (i)
the Senate; (ii)
the Syndicate; (iii)
the Academic Council; (iv)
the Faculties; and (v)
such other authorities as
may be declared to be the authorities of the University by the Statutes. (1)
Subject to the provisions
of this Act and the Statutes made thereunder, the State Public Service
Commission shall, in relation to appointments to posts of teachers and officers
of the University (other than the Vice-Chancellor and Dean), discharge, so far
as may be, the same functions as have been assigned to it by Article 320 of the
Constitution of India in relation to the services of the State. (2)
(i) In making
recommendations for appointment to every post of teacher of the University the
State Public Service Commission shall have the assistance of two experts in the
subject for which an appointment is to be made of whom one shall be nominated
by the Syndicate and shall, whenever possible, be a teacher of the University
and the other shall be a person other than a teacher of the University to be
nominated by the Academic Council. (ii) In making recommendations for appointment to every
post of officer of the University (other than the Vice-Chancellor and the Dean)
the State Public Service Commission shall have the assistance of only one
expert to be nominated by the Syndicate. (iii) The expert or experts shall be associated with the
State Public Service Commission as assessor or assessors whose duty it shall be
to give expert advice to the Commission but who shall have no right to vote. (3)
Subject to the provisions
of sub-sections (1) and (2), the State Public Service Commission shall,
wherever feasible, recommend to the Syndicate for appointment to every post of
teacher or officer of the University names of two persons arranged in order of
preference and considered by the State Public Service Commission to be the best
qualified therefor. (4)
In making appointment to a
post of teacher or officer of the University, the Syndicate shall, within three
months from the date of the receipt of the recommendations under sub-section (3),
make its selection out of the names recommended by the State Public Service
Commission, provided that if the Syndicate, in the first instance, does not
consider the names recommended by the State Public Service Commission to be
suitable, it shall refer the matter back to the State Public Service Commission
for reconsideration and in no case shall the Syndicate appoint a person who is
not recommended by the State Public Service Commission. (5)
Notwithstanding anything
contained in the preceding subsections, but always subject to the other
provisions of this Act- (a)
when appointment to a post
of teacher or officer of the University is made by promotion or transfer from
any other service including the service of the University it shall not be
necessary for the University to consult the State Public Service Commission,
unless it is proposed by such promotion or transfer, to fill- (i)
a permanent post
substantively, or (ii)
a permanent post or a
temporary post on an officiating or temporary basis for a period exceeding six
months: Provided that if an appointment is made for a period not
exceeding six months and it is proposed by the University to extend the period
so that it will exceed six months in all, the State Public Service Commission
shall be consulted; (b)
when appointment to a post
of teacher or officer of the University is made otherwise than by promotion or
transfer from another service including the service of the University, it shall
not be necessary to consult the Commission if the appointment is not expected
to continue for more than six months and cannot be delayed without detriment to
the interest of the departments or institutions maintained by the University or
the colleges transferred to it: Provided that if it is proposed to retain the person so appointed
in the same post for a period exceeding six months or to appoint him to another
post in the service of the University, the State Public Service Commission
shall be consulted; and (c)
the State Public Service
Commission shall be consulted by the University in all disciplinary matters
affecting a teacher or officer of the University (other than the
Vice-Chancellor and the Dean) and no memorials or petitions relating to such
matters shall be disposed of nor shall any action be taken against, or any punishment
imposed on, a teacher or Officer of the University otherwise than in conformity
with the finding of the State Public Service Commission: Provided that- (i)
if the punishment proposed
to be imposed is one of reduction, removal or dismissal, the final order shall
not be passed except by the authority empowered under this Act to appoint such
teacher or officer; (ii)
no teacher or officer who
is a member of the Public Services in India and whose services have been lent
to the University shall be dismissed, removed or reduced in rank except by an
order of the Government; and (iii)
if the teaching efficiency
of a teacher against whom a disciplinary action is proposed to be taken is in
question two experts in the subject concerned, to be nominated by the
Chancellor shall be associated with the State Public Service Commission as
assessors whose duty it shall be to give expert advice to the Commission but
who shall have no right to vote. (6)
It shall not be necessary
to consult the State Public Service Commission where only an order of censure,
or an order withholding increment, including stoppage at an efficiency bar, or
an order of suspension pending investigation of charges is passed against a
teacher or officer of the University. (7)
It shall be the duty of
the State Public Service Commission to-present annually to the University a
report as to the work done by the Commission in relation to the University. A
memorandum explaining, in respect of the cases, if any, where the advice of the
Commission was not accepted, the reasons for such non-acceptance shall be
prepared by the University and submitted to the State Government for the
purpose of laying it before both Houses of the State Legislature. The Senate shall consist of the following persons, namely:- Ex-officio members- (1)
the Chancellor; (2)
the Pro-Chancellor (3)
the Vice-Chancellor; (4)
the Secretary to the
Government of Bihar in the Department of Education; (5)
the Director of Public
Instruction, Bihar; (6)
the Deans of the
Faculties; (7)
the Principals and
Directors; (8)
the Heads of the
University Departments of Sanskrit of the other Universities of Bihar
established by law made by the Legislature of the State of Bihar; (9)
the Principal of
Government Ayurvedic College, Patna; (10)
all members of the
Syndicate who are not members of the Senate; and (11)
all ex-Vice-Chancellors of
the University. Life Members- (1)
Every person who has
donated to the satisfaction of the Chancellor a sum of not less than
twenty-five thousand rupees or property of the equivalent value for the purpose
of the University or of any college or institute; and (2)
such persons not exceeding
three as may be appointed by the Chancellor who have made significant
contribution to Sanskrit, Pali or Prakrit learning. Representative members- (1)
Such number of teachers
(other than Principals, Directors and Heads of University Departments) having
five years' teaching experience as is equivalent to one-half of the total
number of colleges to be determined in such rotational order as may be
prescribed by the Statutes, to be elected one each by the teaching staff of
each college comprised in the said number; (2)
seven representatives of
the registered Acharyas of the University other than teachers of a college,
institute or recognised institution to be elected by and from amongst themselves,
in such manner as may be prescribed by the Statutes; (3)
nine representatives of
the Bihar Legislative Assembly to be elected by and from amongst the members of
the Bihar Legislative Assembly, in such manner as may be prescribed by the
Speaker; (4)
three representatives of
the Bihar Legislative Council to be elected by and from amongst the members of
the Bihar Legislative Council, in such manner as may be prescribed by the
Chairman; (5)
six representatives of the
teachers of institutions recognised up to Madhyama standard only; at least one
from each division to be nominated by the Chancellor; (6)
six representatives of
tols, at least one from each division to be nominated by the Chancellor; and (7)
two representatives of the
Sanskrit literary associations recognised by the State Government to be elected
by such associations in such manner as may be prescribed by the Statutes. Nominated members- Not more than three persons to be nominated by the
Chancellor of whom two shall be nominated on the ground that they have rendered
eminent service to the cause of Sanskrit education. The term of office of the members of the Senate, other than
the life members and ex-officio members, shall be for three years with effect
from the date of notification of their respective election or nomination and
shall include any further period which may elapse between the expiration of the
said three years and the date of the notification of the respective election or
nomination of the succeeding member: Provided that a member elected or nominated as a
representative of anybody shall be deemed to vacate office with effect from the
date on which he ceased to be a member of the body to represent which he was
elected or nominated. (1)
The Senate shall, on dates
to be fixed by the Vice-Chancellor, meet twice every year at meetings to be
called the ordinary meetings by the Senate, one of which shall be declared by
the Statutes to be the annual meeting of the Senate. (2)
The Vice-Chancellor may,
whenever he thinks fit, and shall upon a requisition in writing signed by not
less than one-third of the members of the Senate, convene a special meeting of
the Senate. (1)
Subject to the provisions
of this Act and the Statutes, the Senate shall be the supreme governing body of
the University and shall have the entire management of and superintendence over
the affairs, concerns and property of the University and shall exercise all the
powers of the University, not otherwise provided for, to give effect to the
provisions of this Act. (2)
In particular and without
prejudice to the generality of the foregoing powers, the Senate shall exercise
the following powers and perform the following duties, namely:- (a)
of making Statutes, and
amending or repealing the same; (b)
of approving, amending or
repealing Regulations; (c)
of considering and passing
resolutions on the annual report, the annual accounts and the financial
estimates and any matter of general policy connected with the University; (d)
of exercising the powers
of control and superintendence over colleges and institutes including the power
of affiliating and disaffiliating, such colleges and institutes: Provided that the affiliation of such colleges shall not
take effect unless approved by the Bihar State University Commission; (e)
of instituting and
conferring such degrees, diplomas, certificates and other academic distinctions
as may be prescribed by the Statutes; and (f)
of exercising such other
powers including the powers of granting, withholding or withdrawing recognition
to Tols and performing such other duties as may be conferred or imposed on it
by this Act or the Statutes. The Syndicate shall be the Chief Executive Body of the
University and shall consist of the following persons, namely:- Ex-officio members - (1)
the Vice-Chancellor; (2)
the Deans of Faculties. (3)
the Secretary to the
Government of Bihar in the Department of Education; (4)
the Director of Public
Instruction, Bihar; and (5)
four heads of colleges and
institutes admitted to or maintained by the University or the Government of
whom one shall be a Director of an institute selected in the manner prescribed
by the Statutes to hold office by rotation each for one year. Other members- (i)
five persons other than
teachers to be elected by the Senate from its members in the manner prescribed
by the Statutes; (ii)
three teachers other than
heads of colleges and institutes admitted to or maintained by the University or
the State Government of whom two shall be nominated by the Chancellor and one
shall be co-opted by the Syndicate. The term of office of the members of the Syndicate, other
than the ex-officio members, shall be three years with effect from the date of
their respective election or selection as the case may be and shall include any
further period which may elapse between the expiration of the said three years
and the date of the first meeting of the next succeeding Syndicate: Provided that any member elected by the Senate from among
its own members shall be deemed to vacate office with effect from the date from
which he ceases to be member of the Senate. Subject to the provision of this Act and the Statutes, the
Syndicate shall have the following powers and duties, namely:- (a)
to hold and control the
property, endowments and fund of the University; (b)
to arrange for proper
maintenance of the accounts of the assets and funds of the University; (c)
to accept the transfer of
any movable or immovable property on behalf of the University; (d)
to administer any funds
placed at the disposal of the University for specific purposes; (e)
to prepare the budget of
the University; (f)
to award fellowships, scholarships,
medals and other rewards in accordance with the Statutes relating thereto; (g)
same as otherwise provided
in the Statutes, to appoint the officers other than the Pro-Chancellor,
Vice-Chancellor and Deans and teachers of the University; (h)
to arrange for the
inspection of colleges, institutes recognised institutions and of hostels and
other places of residence for students; (i)
to determine the form,
provide for the custody and regulate the use of the common seal of the
University; (j)
to recommend to the Senate
proposals for affiliation and disaffiliation of colleges and institutes and
recognition or withdrawal of recognition off tols in the manner and in
accordance with the conditions laid down in the Statutes; (k)
to arrange for the
admission of students to the University colleges, institutes and recognised
institutions and their enrolment as students of the University. (l)
to lay down the conditions
of the residence of the students of the University, colleges, institutes and
recognised institutions and the levying of fees for residence and hostels
maintained or recognised by the University; and (m)
to regulate and, determine
all matters concerning the University in accordance with this Act and the
Statutes. (1)
The Academic Council shall
consist of- (i)
the Vice-Chancellor; (ii)
the Deans of Faculties; (iii)
the Director of Public
Instruction, Bihar; (iv)
the Directors of
Institutes; (v)
the Principals of Colleges
maintained by the University or the State Government; (vi)
Heads of the University
Departments; (vii)
six Principals of
affiliated colleges to be nominated by the Senate in rotation in the manner
prescribed by the Statutes; (viii)
twelve teachers other than
Deans, Principals and Heads of University Departments to be elected by the
Senate in the manner prescribed by the Statutes so as to ensure representation
to each Faculty; and (ix)
not more than two experts,
preferably not in the service of the University, to be co-opted by the Academic
Council as and when necessary. (2)
The term of office of
members other than ex-officio members shall be for a period of three years with
effect from the date of their respective election, nomination or co-option and
shall include any further period which may elapse between the expiration of the
said period of three years and the date of the next succeeding election,
nomination or co-option: Provided that any elected, nominated or co-opted member
shall be deemed to vacate office with effect from the date on which he ceases
to be a member of the body as a representative of which he was elected,
nominated or co-opted. The Academic Council shall be the chief academic body of
the University and shall- (a)
subject to the powers
conferred by or under this Act on the Vice-Chancellor, the Senate and the
Syndicate determine and regulate all academic matters concerning the University
in accordance with this Act and the Statutes; (b)
have the power of
superintendence and control over and be responsible for the maintenance of
standards of instruction and education including the conduct of post-graduate
teaching and the promotion of research work in the University; (c)
exercise supervision and
control over the conduct of teaching in the colleges in such manner as may be
prescribed by the Statutes; (d)
subject to the provisions
of section 25 have powers and general control over the Examination Board and
may review the results of the University examinations; and (e)
exercise such other powers
and perform such other duties as may be conferred or imposed upon it by the
Statutes. (1)
The University may include
the following faculties and such other faculty as may be prescribed by the
Statutes, namely:- (1)
Faculty of Veda, including
Karmakinda, Agam and Tantra, (2)
Faculty of Darshana,
including Budhha, Jain and Western Philosophy, (3)
Faculty of Jyotish, (4)
Faculty of Ayurveda,
including modern sciences of medicine,Faculty of Purana, including
Dharamshastra, Itihasa and Bhugola, (5)
Faculty of Vyakarana,
including Sahitya and science of language and languages other than Sanskrit, (6)
Faculty of Samaj Shastra,
including Arthshastra, Rajniti and Sangeet: Provided that no Faculty shall be created by the Senate in
respect of any branch of learning for the instruction of which no provision
exists in any Department of the University or any of its colleges. (2)
Each Faculty shall,
subject to the control of the Academic Council, have charge of the Courses of
Studies, teaching and research work in such subjects as may be assigned to such
Faculty by the Regulations. (3)
The total number of
members of each Faculty shall not exceed such as may, from time to time, be
prescribed by the Statutes. (4)
Subject to the provisions
of sub-section (3), each Faculty shall consist of - (a)
such number of members of
the Senate as are teachers and as may be assigned to each Faculty by the Senate
according to the qualifications of such teacher-members; (b)
such number of members of
the Senate as are not teachers, not exceeding 1/5th of the total number of
members of each Faculty as may be elected from and by the Senate in the manner
prescribed by the Statutes; and (c)
such number of members to
be co-opted as experts by the Academic Council from amongst persons who are not
members of the Senate, as may be prescribed by the Statutes; Provided that no person shall be a member of more than two
Faculties. (5)
(i) There shall be a Dean
of each Faculty who shall be appointed by the Vice-Chancellor from amongst the
Directors of the institutes and Principals of Colleges maintained by the
University or the State Government by rotation in order of seniority. (ii) The Dean shall hold office for a term of three years. (iii) The Dean shall be responsible to the Vice-Chancellor
for teaching and research in the Faculty. (6)
Each Faculty shall
comprise such Departments of teaching as may be prescribed by the Regulations. (7)
Subject to the provisions
of this Act, each Faculty shall have the following powers, namely:- (a)
to constitute the Board of
Courses and Studies in the Departments assigned to it; and (b)
to exercise such other
powers and perform such other duties as may be prescribed by the Statutes. (1)
Subject to the
Regulations, all arrangements for the conduct of examinations shall be made by
an Examination Board consisting of the Vice-Chancellor as Chairman and Deans of
Faculties as members. (2)
The Examination Board
shall be responsible for conducting the examinations and making all
arrangements for the appointment of examiners, setting and moderating questions
papers, moderating and preparing and publishing the results of the examinations
and reporting such results to the Academic Council and generally for
formulating ways and means for the purpose of improving the machinery for the
true assessment of the attainments of the students of the University. Subject to the provisions of this Act the Statutes may
provide for matters relating to the University and shall in particular provide
for the following: - (a)
the institution of
fellowships, scholarships, exhibition, medals and prizes; (b)
the manner and conditions
of appointments, designations and powers of the officers of the University; (c)
the constitution, powers,
functions and duties of the authorities of the University and all other matters
relating to such authorities; (d)
the conditions subject to
which educational institutions may be recognised by or affiliated to the
University and the condition' subject to which such affiliations or
recognitions may be withdrawn; (e)
the establishment,
maintenance and management of libraries, museums, observatories, institutions
and hostels; (f)
the classification and
recognition of teachers of the University; (g)
the constitution of
pension, insurance or provident fund for the benefit of the officers, teachers
and other servants of the University and the teachers and other servants of the
colleges and institutes and recognised institutions; (h)
the maintenance of a
register of registered Acharyas; (i)
the number,
qualifications, grades, pay and conditions of service of teachers and other
servants of the University including the creation of new posts, after
considering the recommendations of the Academic Council and the Syndicate in
the case of posts of teachers and the recommendations of the Syndicate in the
case of other servants of the University; (j)
the maintenance of accounts
of the income and expenditure of the University including the income and
expenditure of colleges and institutions maintained by the University and the
forms and registers in which such accounts shall be kept; (k)
the maintenance of a
register of teachers; (l)
the institution of
degrees, diplomas, certificates and other academic distinctions; (m)
the conferment of honorary
degrees and honorary distinctions: (n)
the withdrawal of degrees,
diplomas, certificates and other academic distinctions; (o)
the holding of convocations; (p)
the fees which may be
charged by the University for any purpose; (q)
the constitution, powers
and duties of any standing committee of the University; (r)
the inspection of
colleges, institutes and recognised institutions; and (s)
all other matters which
are required by this Act to be prescribed by the Statutes. (1)
The first Statute shall be
made by the State Government and a copy thereof shall be laid before each House
of the State Legislature for fifteen days and they shall be subject to such
additions and alterations as may be agreed to by both the Houses but without
prejudice to the validity of any thing previously done thereunder. (2)
The Statutes may be
amended, repealed or added to by Statutes made by the Senate. (3)
The Senate may take into
consideration the draft of any Statutes either of its own motion or on the
submission thereof by the Syndicate: Provided that - (a)
no Statute affecting the
income or expenditure of the University shall be made without the prior
approval of the Chancellor; (b)
in the case of a Statute
affecting the powers or duties of any officer or member of any authority of the
University the opinion of Syndicate or the authority concerned shall be
considered by the Senate. (4)
Where the draft of any
Statute or part thereof submitted by the Syndicate to the Senate has been
returned to the Syndicate for reconsideration and the Syndicate after such
reconsideration does not agree to any amendment suggested by the Senate, it
shall be lawful for the Senate to pass the draft of the Statutes or part
thereof in such form as it thinks fit. (5)
Where the draft of any
Statute has been passed by the Senate, it shall be submitted to the Chancellor
who may after consulting the Bihar State University Commission declare that he
assents to the Statute: Provided that the Chancellor may, as soon as possible after
the presentation to him of the draft of the Statute so passed for assent,
return the draft together with a message requesting that the Senate will
reconsider the draft and when the draft is so returned, the Senate shall
reconsider the draft accordingly and if the draft is passed again by the Senate
with or without any amendment and is presented to the Chancellor for assent,
the Chancellor shall declare that he assents thereto or that he withholds
assent therefrom: Provided further that if the draft is so passed for the
second time by the Senate by a majority of not less than three-fourths of the
members present and voting, the Chancellor shall assent thereto unless it
involves financial implications in which case he may not assent thereto. (6)
A Statute passed by the
Senate shall have no validity until the Chancellor has assented to it. (1)
Subject to the provision
of this Act and the Statutes, the Academic Council may propose Regulations to
provide for all or any of the following matters, namely:- (a)
the courses of the study
to be laid down for all degrees, diplomas and certificates of the University; (b)
the conditions under which
students shall be admitted to the degree or diploma or certificate course and
to the examinations of the University and shall be eligible for such degrees,
diplomas or certificates; (c)
the formation of
departments of teaching in the Academic Council; (d)
the standards of teaching
to be maintained in the colleges, institutes and recognised, institutions; and (e)
all matters which by this
Act or the Statutes are to be or may be provided for by Regulations. (2)
A Regulation proposed by
the Academic Council under sub-section (1) shall be forwarded, as soon as may
be, to the Syndicate for transmission to the Senate, and the Syndicate shall
duly forward the same to the Senate with such recommendations, if any, as it
may wish to make. Such Regulation shall have effect from the date on which it
is accepted with amendments, if any, by the Senate or from such other date as
the Senate may appoint. Provided that if at any time, except when the Senate is in
session, the Syndicate on the recommendation of the Academic Council makes a
Regulation and considers its immediate enforcement necessary, the Syndicate may
recommend to the Chancellor accordingly and the Chancellor shall, thereupon, by
order published in the Official Gazette, direct that the Regulation shall come
into immediate effect, but such Regulation shall cease to have effect on the
expiry of seven days from the date of the next meeting of the Senate, unless
confirmed by it. (3)
A Regulation accepted or
confirmed by the Senate under sub-section (2) shall have no validity until it
has been approved by the Bihar State University Commission. (1)
The authorities of the
University may make Rules consistent with this Act, the Statutes and the
Regulations- (a)
laying down the procedure
to be observed at their meetings and the number of members required to form a
quorum; (b)
laying down the procedure
to be observed by Committees subordinate to any such authorities at their
meetings and the number of members required to form a quorum; (c)
providing for all matters
which by the Statutes or the Regulations are to be prescribed by Rules; and (d)
providing for all other
matters exclusively concerning such authorities and committees and not provided
for by this Act, the Statutes, or the Regulations. (2)
Every authority of the
University shall make Rules providing for the giving of notice to the members
of such authority of the dates of meetings and of the business to be considered
at meetings and for the keeping of a record of the proceedings of meetings. (3)
The Senate may direct the
amendment, in such manner as it may specify, of any Rules made under this
section or the annulment of any Rules made under sub-section (1). Every hostel attached to a college or institute maintained
by the University shall conform to such general or special conditions as may be
prescribed by the Syndicate. The annual report on the working of the University shall be
prepared under the direction of the Syndicate and shall include the annual
accounts of the University and shall be submitted to the Senate on or before
such date as may be prescribed by the Statutes and shall be considered by the
Senate at its ordinary meeting. The Senate may pass resolutions thereon and
communicate the same to the Syndicate for such action, if any, as may be
specified in such resolutions: Provided that no decision shall be taken on the annual account
nor shall there be anything in the resolutions on the annual report which may
have the effect of anticipating the report of the auditors on the annual
accounts. (1)
There shall be established
for the University a Fund to be called the Kameshwar Singh Darbhanga Sanskrit
Vishvavidyalaya Fund which shall be vested in the University for the purposes
of this Act, subject to the provisions therein contained, and there shall be
placed to the credit thereof- (a)
all sums contributed or granted
to the University from the Consolidated Fund of the State of Bihar or the fund
of the Bihar State University Commission for the purposes of the University or
for the purposes of the colleges or affiliated institutions and all sums
borrowed by the University for the purposes of carrying out the provisions of
this Act and the Statutes, Regulations and Rules made thereunder; (b)
all moneys received by or
on behalf of the institutions and departments established and maintained by the
University including all sums paid to the University under any provisions of
this Act and the Statutes, Regulations and Rules made thereunder; (c)
all interests and profits
arising from endowments made to the University and all contributions, donations
and subsidies received from any local authority or private persons; (d)
all fees payable and
levied under this Act and the Statutes, and Regulations made thereunder; and (e)
all other sums received by
the University, not included in clause (a), (b), (c) or (d). (2)
The University Fund shall
be kept in such scheduled bank within the meaning of the Reserve Bank of India
Act, 1934 (II of 1934) or invested in such securities authorised by the Indian
Trusts Act, 1882 (II of 1882), as may, from time to time, be approved by the
State Government. (1)
(i) The State Government
shall contribute annually or place at the disposal of the Bihar State
University Commission for such contribution to the University Fund including
the funds of the colleges a recurring grant which shall include all such
expenses, not being expenses of a capital or non-recurring nature, as are
considered necessary by the State Government for the maintenance of colleges
and of the departments maintained by the University. (ii) The amount of the annual recurring grant determined by
the State Government under clause (i) of sub-section (1) shall be specified in
a notification to be published in the Official Gazette, within sixty days from
the commencement of this Act, and the amount so determined and specified in the
notification shall be final and shall not be questioned in any court of law. (2)
All grants-in-aid to the
colleges, tols, etc., by the State Government shall, after the commencement of
this Act, be made available to such colleges, tols, etc., through the
University Fund in such manner and subject to such conditions as may be
specified in the rules made in this behalf by the State Government. (3)
The State Government may
contribute, through the Bihar State University Commission, from time to time,
such additional grants to the University Fund or the Funds of the Colleges, as
the case may be, as it may deem fit having regard to the need of expansion and
development of University or the colleges, tols, etc. (1)
The Principal of every
college shall prepare in the prescribed form an estimate of its probable
income, including income from endowments and bequests, if any, and expenditure
for the next ensuing financial year and the same shall be considered and
sanctioned by the Governing Body or the Managing Committee of the college,
either without alteration or with such alterations, as it thinks fit and a copy
of the estimate, so sanctioned, shall be submitted by the college to the
Syndicate on or before such date as may be prescribed by the Statutes. (2)
On receipt of the
estimates under sub-section (1), the Syndicate shall forthwith scrutinise every
item of the estimate and in particular, the portion of the estimate relating to
grant-in-aid to the college and return the estimate to the college for
rectification of such defects therein, if any, as may appear necessary or
desirable to the Syndicate. (3)
The annual estimates of
income and expenditure of the University for the next ensuing financial year
shall be prepared under the directions of the Syndicate and the estimates, so
prepared and approved by the Syndicate, shall be laid before the Senate at its
annual meeting. (4)
Every estimate, prepared
under sub-section (3), shall make provision for the due fulfillment of all the
liabilities of the University including the allotment of grants to the
colleges, in accordance with the rules framed by the State Government under sub-section
(2) of section 32 and for the efficient administration of the Act and the
Statutes, the Ordinances, the Regulations and the Rules made thereunder. (5)
Every estimate under this
section shall be prepared in such form and shall contain such details as may be
prescribed by the Statutes. (6)
The Senate shall consider
every estimate laid before it under sub-section (3) and shall sanction the same
either without alteration or with such alterations as it may think fit. (7)
Subject to the provisions
of this Act and the Statutes made thereunder, the annual accounts of the
University shall be audited by auditors appointed by the Accountant-General,
Bihar. (8)
A copy of the annual
accounts of the University together with the auditor's report thereon shall be
submitted by the Syndicate to the State Government, the Chancellor and the
Senate and the State Government shall cause the same to be published in the
Official Gazette. (9)
If any authority, officer
or servant of the University or any other person is found to have spent or
authorised the expenditure of any amount in excess of the amounts provided in
the budget or in violation of any provision of this Act, or the Statutes, it
shall be lawful for the State Government to require such authority, officer,
servant or person to reimburse the amount so spent within such time as the
State Government may allow in this behalf and if such amount is not so paid by
the authority, officer, servant or the person concerned, it may be recovered
from it or him as if it were a public demand: Provided that before taking any action, under this
sub-section, the State Government shall give the said authority, officer,
servant or the person reasonable opportunity of making a representation and
shall call for the views of the Syndicate on such representation. (1)
No sum shall be expended
by or on behalf of the University unless the expenditure of the same is covered
by a current budget grant or can be met by re-appropriation or by drawing on
the closing balance. (2)
The closing balance shall
not be reduced below such amount as may be prescribed by Statutes. The University Fund shall be applicable to the following
objects:- (a)
to the repayment of debts
incurred by the University for the purposes of this Act and the Statutes, the
Regulations and the Rules made thereunder; (b)
to the upkeep of
departments established by the University, hostels maintained by it and
colleges transferred to it under section (41); (c)
to the payment of the
salaries and allowances of officers, teachers and other servants of the
University, and of any provident fund contributions to any such officers,
teachers and other servants; (d)
to the payment of the
travelling and other allowances of the members of the Senate, the Syndicate and
any other authorities of the University or the members of any Committees or
Boards appointed by any of the authorities of the University in pursuance of
any provisions of this Act, and the Statutes, the Regulations and the Rules
made thereunder; (e)
to the making of grants to
the colleges and other institutions; (f)
to the payment of the cost
of audit of the University Fund under section 33; (g)
to the payment of expenses
of any suit or proceeding to which the University is party; (h)
to the payment of any
expense incurred by the University in carrying out the provisions of this Act,
and the Statutes, the Regulations and the Rules made thereunder; (i)
to the grant of financial
assistance to needy and deserving students of the University; and (j)
to the payment of any
other expense, not specified in any of the preceding clauses, declared by the
Senate to be an expense for the purpose of the University. (1)
The State Government may
at any time after the commencement of this Act, by order published in the
Official Gazette, constitute a Commission which shall consist of a Chairman and
such other members not exceeding five in number as the State Government may
appoint, and the order shall define the procedure to be followed by the
Commission: Provided that the first Commission shall be appointed not
later than five years after the commencement of this Act. (2)
The Commission constituted
under sub-section (1) shall enquire into and report on- (i)
the working of the
University during the period of enquiry; (ii)
the financial position of
the University' including the financial position of the colleges, institutes
and departments, maintained by the University; (iii)
any changes to be made in
the provisions of the Act or the Statutes, and the Regulations made there under
with a view to bringing about improvements in the affairs of the University;
and (iv)
such other matters as may
be referred to it by the State Government; and make such recommendations to the
State Government as it thinks fit. (3)
On receipt of the
recommendations of the Commission under sub-section (2), the State Government
shall forthwith refer the same to the Senate, for consideration and report and
immediately after the Senate has considered the recommendations and submitted
its report to the State Government, it shall be the duty of the State
Government to take the report into consideration and pass such order thereon as
it thinks fit and cause the same to be published in the Official Gazette and
thereupon the University shall comply with the order within such time as may be
specified by the State Government. Subject to the approval of the University, appointments,
dismissals, removals, terminations of service or reductions in rank of teachers
of an affiliated college not maintained by the State Government shall be made
by the governing bodies of the college, on the recommendation of the University
Service Commission established under section 48(A) of the Bihar State
Universities (Patna, University of Bihar, Bhagalpur and Ranchi) Act, 1960
(Bihar Act XIV of 1960) and the provisions of sub-sections (6) to (12) of the
said section shall apply to such, colleges as if the said provisions are
enacted in this Act. The relations of the affiliated colleges and institutes
other than those maintained by the State Government with the University shall
be governed by the Statutes to be made in that behalf and such Statutes shall
provide in particular for the exercise by the University of the following
powers in respect of the colleges and institutes affiliated to the University:- (i)
to lay down minimum
educational qualifications for the different classes of teachers employed by
such colleges and institutes; (ii)
to approve the
appointments, dismissals, removals, terminations of service, reductions in
ranks of teachers made by the governing bodies of such colleges; (iii)
to co-ordinate and
regulate the facilities provided and expenditure incurred by such colleges and
institutes in regard to libraries, laboratories and other equipments for
teaching and research; (iv)
to require such colleges
and institutes when necessary to confine the enrolment of students to certain
subjects; and (v)
to regulate conditions of
service of teachers of such colleges and institutes including the grant of
leave with or without allowances and the constitution of pension, insurance and
provident funds for the benefit of such teachers. If any question arises whether a person has been duly
elected, appointed, or co-opted as, or is entitled to be, a member of any
authority or other body of the University or whether any decision of the
University or any authority thereof is in conformity with this Act, the
Statutes and the Regulations, the matter shall be referred to the Chancellor
whose decision thereon shall be final and shall not be challenged in any court
of law. No act or proceedings of any authority or other body of the
University shall be invalid merely by reason of the existence of a vacancy
among its members or by reason of some person having taken part in the
proceedings who is subsequently found not to have been entitled to do so. (1)
The State Government may,
at any time, after the commencement of this Act by order published in the
Official Gazette, direct that any college or institute owned and maintained by
the Government including the attached hostels and other buildings forming part
of such colleges and institutes together with the articles of furniture,
library, books, laboratories, stores, instruments, apparatus, appliances and
equipments of such colleges or institutes shall with effect from such date and
subject to such conditions as may be specified in the order be transferred to
the University and upon the publication of the said order, such college or
institute including the attached hostels, other buildings forming part of such
colleges and institutes together with the articles of furniture, library,
books, laboratories, stores, instruments, apparatus, appliances and equipments
of such college or institute shall be deemed to have been transferred to the
maintenance and control of the University as its college or institute: Provided that until arrangements are made by the
University, the State Government shall be, and continue to be, responsible for
keeping the buildings of the said college or institute, including fixtures,
fittings and connections, in a proper state of repairs, as may, from time to
time, be required by the University. (2)
Nothing in this section
shall be deemed to authorise the University to sell, lease, exchange or
otherwise dispose of any land or building of any college or institute
transferred to the University under sub-section (1). (3)
The building known as the
'Lakshmeshwara Vilas Palace' together with the land appurtenant thereto situate
in the town of Darbhanga, which, under the terms of the deed of gift executed
by the late Maharajadhiraj Sir Kameshwar Singh of Darbhanga, stands donated to
the State Government as a gift for the purpose of the University, shall be
deemed to have been and is hereby transferred to the maintenance and control of
the University. (1)
Every salaried officer of
the University and every teacher employed in the University other than officers
and teachers who are members of the public services in India and whose services
have been lent to the University under sub-section (2) of this section, shall
be appointed on a written contract. The contract shall be lodged with the
Registrar of the University and a copy thereof shall be furnished to the
officer or teacher concerned. (2)
Where any college or
institute has been transferred to the maintenance and control of the University
by an order under sub-section (1) of section 36 then, notwithstanding anything
contained in this Act the University shall employ on such terms as may be
determined by the State Government, all members of the teaching staff and other
servants of the State Government who immediately before the date of the
publication of the said order, were serving in, or were attached to, that
college or institute. (3)
Any member of the public
services in India other than those transferred under sub-section (2) above whom
it is proposed to appoint to a post in the University shall, subject to the
approval of such appointment by the Government concerned and the terms thereof
have the option- (i)
of having his services
lent to the University and remaining, at any time, liable to recall to the
service of the Government at the option of the Government concerned, or (ii)
of resigning the service
of the Government within three years of entering the service of the University: Provided that where the University, after consultation with
the State Public Service Commission, is satisfied that an officer or teacher,
being a servant of the Government whose services have been lent to the
University, deserves the punishment of reduction in rank, removal or dismissal,
the University shall forward to the Government the proceedings instituted against
such officer or teacher together with all connected papers including the
findings of the State Public Service Commission and thereupon the Government
shall forthwith cause the said officer or teacher to be reverted to the
services of the Government and take such action against him as it thinks fit. (1)
The colleges which before
the commencement of this Act were recognised by the Bihar Sanskrit Association
before the commencement of the Kameshwara Singh Darbhanga Sanskrit
Vishvavidyalaya Act, 1960 (Bihar Act VI of 1960) shall be deemed to have been
admitted to the University. (2)
The tols and Vidyalayas
and Sanskrit High Schools recognised by the Bihar Sanskrit Association before
the commencement of the Kameshwara Singh Darbhanga Sanskrit Vishvavidyalaya
Act, 1960 (Bihar Act VI of 1960) shall be entitled to send up candidates for
the Madhyama, Shastri or Acharya examinations of the University. (3)
The Sanskrit High Schools
which may be recognised by the Board of Sanskrit Education after the
commencement of this Act or which were recognised by the said Association
before such commencement shall be entitled to send up candidates for the
Madhyama examination of the University. Notwithstanding anything contained in this Act, the
Statutes, or the Regulations,- (a)
any student who
immediately prior to the commencement of this Act was studying in any of the
colleges which are deemed under this Act to be admitted to the privileges of
the University for a degree, diploma or certificate of the, University
established under the Kameshwara Singh Darbhanga Sanskrit Vishvavidyalaya Act,
1960 (Bihar Act VI of 1960), shall in accordance with the Regulations of the
latter University be examined by and, if on the results of such examination he
qualifies, be conferred the degree, diploma or the certificate, as the case may
be, of the University established under this Act; (b)
if before the commencement
of this Act the University established under the Kameshwara Singh Darbhanga
Sanskrit Vishvavidyalaya Act, 1960. (Bihar Act VI of 1960), has held any
examination in respect of the colleges which are deemed under this Act to be
admitted to the privileges of the University, the result of which has been
published but the degrees, diplomas or certificates relating thereto have not
been conferred or granted, or if the result of any such examination has not
been published then such examination shall be deemed to have been held and the
result shall be published, by the University established under this Act. The assets and liabilities of the University established
under the Kameshwara Singh Darbhanga Sanskrit Vishvavidyalaya Act, 1960 (Bihar
Act VI of 1960) existing immediately before the date of commencement of this
Act shall be deemed to have been and are hereby transferred to the University
established under this Act. (1)
Notwithstanding anything
contained in this Act, until the Senate, the Syndicate and the Academic Council
are constituted in accordance with the provisions of this Act but not after the
expiry of six months from the date of commencement of this Act, the ex-officio
members thereof shall be deemed to constitute, for the purposes of this Act,
the Senate, the Syndicate and the Academic Council respectively. (2)
The Vice-Chancellor shall,
take necessary action for elections being held, appointments, nominations and
co-options being made so that the Senate, the Syndicate and the Academic
Council shall come into existence not later than the period specified in
sub-section (1). Till such time as authorities of the University empowered
in this behalf are duly constituted the officers and other staff required for
the purpose of carrying out the provision of this Act for the time being shall
be appointed by the State Government on such terms and conditions as the State
Government may decide; Provided that officers other than the Vice-Chancellor,
teachers and other servants who, immediately before the commencement of this
Act, were in the employ of the University established under the Kameshwara
Singh Darbhanga Sanskrit Vishvavidyalaya Act, 1960 (Bihar Act VI of 1960),
shall at such commencement be deemed to have been and are hereby transferred to
the service of the University established under this Act, which shall employ
them on the same terms and subject to the same disciplinary control as are for
the time being applicable to officers, teachers and other servants appointed
under this Act. (1)
If any difficulty arises
with respect to the establishment of the University or in connection with the
first meeting of any authority of the University or otherwise in first giving
effect to the provisions of this Act or the Statutes the State Government may,
at any time before all the authorities of the University have been constituted,
by order make any appointment or do anything consistent, so far as may be, with
the provisions of this Act and the Statutes, which appear to them necessary or
expedient for the purpose of removing the difficulty, and every such order
shall have effect as if such appointment or action had been made or taken in
the manner provided in this Act. (2)
On the day on which this
Act comes into force the Chancellor shall appoint a person in accordance with section
10 to be the Vice-Chancellor of the University. (1)
The Kameshwara Singh
Darbhanga Sanskrit Vishvavidyalaya Act, 1960 (Bihar Act VI of 1960), is hereby
repealed. (2)
Notwithstanding such
repeal, all appointments made, orders issued, degrees, diplomas or certificates
conferred or issued, privileges granted or other things done under the repealed
Act and in three immediately before the commencement of this Act shall, in so
far as they are not inconsistent with this Act, be deemed to have been
respectively made, issued, conferred, granted on done under this Act. THE KAMESHWARA
SINGH DARBHANGA SANSKRIT VISHVA-VIDYALAYA ACT, 1962
PREAMBLE