Bare Act
The Chhattisgarh Kushabhau Thakre Patrakarita Avam Jansanchar University (Amendment) Act, 2014
1. Short title and extent
(1) Is adhiniyam ka sankshipt naam Chhattisgarh Kushabhau Thakre Patrakarita avam Jansanchar Vishwavidyalaya Adhiniyam, 2004 kahlayega. (2) Yah aisi tarikh ko pravratt hoga jab adhikarik rajpatra mein prakashit ho. (3) Yah pure Chhattisgarh rajya mein lagoo hoga. (1) This Act may be called Kushabhau Thakre Journalism and Mass Communication University Chhattisgarh Act, 2004. (2) It shall come in to force on its date of publication in official gazette. (3) It extends the whole of Chhattisgarh. (1) This Act may be called the Chhattisgarh Kushabhau Thakre Patrakarita Avam Jansanchar University (Amendment) Act, 2014 and 2019. (2) It extends to the whole State of Chhattisgarh. (3) It shall come into force from the date of its publication in the Official Gazette.
2. Definitions
Is adhiniyam mein, jab tak sandarbh se anyatha na ho: (1) "Vidyaparishad" se abhipret hai vishwavidyalaya ki Vidyaparishad; (2) "Adhyayan Board" se abhipret hai vishwavidyalaya ka Adhyayan Board; (3) "Mahavidyalaya" se abhipret hai vah sanstha jise is adhiniyam ke sambandhon dwara ya uske adhin sandharit kiya jata ho ya vishwavidyalaya ke visheshadhikar diye gaye hon; (4) "Samanvaya Samiti" se abhipret hai Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 (kra-22, san-1973) ki dhara 34 ke adhin gathit samanvaya samiti; (5) "Vibhag" se abhipret hai adhyayan vibhag aur uske antargat ata hai adhyayan kendra (center of studies); (6) "Karmachari" se abhipret hai vishwavidyalaya dwara niyukt kiya gaya koi vyakti aur uske antargat vishwavidyalaya ka adhyapak tatha anya karmachari; (7) "Karyaparishad" se abhipret hai vishwavidyalaya ki Karyaparishad; (8) "Sankay" se abhipret hai vishwavidyalaya ka koi sankay; (9) "Mahaparishad" se abhipret hai vishwavidyalaya ki Mahaparishad; [Deleted]; (10) "Mahavidyalaya ka vibhakhadhyaksha" se abhipret hai mahavidyalaya ke kisi bhi vibhag ke adhyaksha; (11) "Vishwavidyalaya ka vibhakhadhyaksha" se abhipret hai vishwavidyalaya ke vidyarthiyon ko shikshan dene ke liye vishwavidyalaya dwara sandharit kiye gaye kisi adhyayan vibhag ka adhyaksha aur uske antargat ata hai, sanchalak ya kisi aise mahavidyalaya ka pracharya, kisi aise sansthan (institute) ka, jo ki gaveshna karya mein abhivridhi karne ke liye ya vishwavidyalaya dwara sandharit kiya jata hai; (12) "Kulyadhipati" se abhipret hai vishwavidyalaya ka Kulyadhipati; (13) "Kulpati" se abhipret hai vishwavidyalaya ka Kulpati; (14) "Vishwavidyalaya se salagn vyakti" se abhipret hai vishwavidyalaya ya mahavidyalaya ka koi karmachari ya vishwavidyalaya ke kisi pradhikari ya nikay ka ya mahavidyalaya ke prabandhak varg (management) ka koi sadasya; (15) "Pracharya" se abhipret hai mahavidyalaya ka pradhan iske antargat ata hai pracharya ke roop mein karya karne ke liye niyukt vyakti; (16) "Panjikrit snatak" se abhipret hai is adhiniyam ke adhin panjikrit athva panjikrit samjha gaya snatak; (17) "Kulsachiv" se abhipret hai vishwavidyalaya ka kulsachiv; (18) "Anusuchit jati" se abhipret hai Bharat ke samvidhan ke anuchhed 341 ke adhin is rajya ke sambandh mein vinirdisht ki gayi anusuchit jati. "Anusuchit janjati" se abhipret hai Bharat ke samvidhan ke anuchhed 342 ke adhin is rajya ke sambandh mein vinirdisht ki gayi anusuchit janjati; (19) "Adhyayan kendra" se abhipret hai uchchatar shiksha tatha gaveshna ke sthan ke roop mein vishwavidyalaya dwara sandharit ki gayi sanstha; (20) "Pariniyam", "Adhyadesh" tatha "Viniyam" se abhipret hai vishwavidyalaya ke tatsamay pravratt pariniyam/adhyadesh tatha viniyam jaisa bhi ki dashan hon; (21) "Chatra niwas" se abhipret hai vishwavidyalaya, mahavidyalaya ya sanstha ke vidyarthiyon ke liye niwas sthan ki ya samuhik jivan ki ikai jise vishwavidyalaya dwara sandharit kiya gaya ho ya manyata di gayi ho; (22) "Vishwavidyalaya ka adhyapak" se abhipret hai acharya (professor), upacharya (reader), pradhyapak (lecturer) tatha aise anya vyakti, jo Vidyaparishad ke anumodan se vishwavidyalaya mein ya kisi mahavidyalaya ya sanstha mein, jise vishwavidyalaya dwara sandharit kiya jata hon ya jise vishwavidyalaya dwara manyata di gayi hon, shikshan dene ke liye ya gaveshna karya ka sanchalan karne ke liye niyukt kiye gaye hon; (23) "Vishwavidyalaya" se abhipret hai Kushabhau Thakre Patrakarita avam Jansanchar Vishwavidyalaya; (24) "Vishwavidyalaya Anudan Ayog" se abhipret hai Vishwavidyalaya Anudan Ayog Adhiniyam, 1956 (1956 ka sankhya 3) ke adhin sthapit kiya gaya ayog. In this Act, unless the context otherwise requires:- (one) “Academic Council” means Academic Council of the University; (two) “Board of Studies” means Board of Studies of the University; (three) “College” means Institution maintained by, or admitted to the privileges of the University by or under the provisions of this Act; (four) “Co-ordination Committee” means coordination committee constituted under section 34 of Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 ( No. 22 year 1973); (five) “Department” means School of studies and includes centre of studies; (six) “Employee” means a person appointed by the University and include the teachers and other employee of the University; (seven) “Executive Council” means Executive Council of the University. (eight) “Faculty” means any faculty of the University; (nine) OMITTED (ten) “Head of the Department of College” means head of any department of a College; (eleven) “Head of the Department of University” means the head of a teaching department of the University for imparting education to the students of the University and includes the Director or Principal of any college or Institute maintained by the University for the promotion of research or for imparting instructions to the students; (twelve) “Kuladhipati” means Kuladhipati of the University; (thirteen) “Kulpati” means Kulpati of the University; (fourteen) “Persons Connected with the University” means any employee, of the University or member of any authority or body of the University or Management of the College; (fifteen) “Principal” means the Head of the College and include, appointed to act as Principal; (sixteen) “Registered Graduate” means a graduate who has been registered or is deemed to have been registered under provisions of this act; (seventeen ) “Registrar” means Registrar of the University; (eighteen) “Scheduled Caste” means the scheduled caste as specified in relation to this state under Article 341 of the Constitution of India “Scheduled Tribe” means the Scheduled Tribe specified in relation to this state under section 342 of the Constitution of India; (nineteen) “School of Studies” means an institution maintained by the University as a place of higher learning and research; (twenty) “Statute, Ordinance and Regulation” means the statute, Ordinance and Regulation of the University; (twenty one) “Student Hostel” means residential place for students of the University, College or Institution of a unit of corporate life, which has been maintained, or recognized by the University; (twenty two) “Teacher of the university” means professor, reader, lecturer and such other person as may have been appointed for imparting instructions or conducting research, with the approval of Academic Council in the University or any College or any Institution maintained or recognized by the University; (twenty three) “University” means Kushabhau Thakre Patrakarita Avam Jansanchar Vishwavidyalaya. (twenty four) “University Grant Commission” means the Commission established under the University Grants Commission Act; 1956 (No.3 of 1956 ).
3. Establishment and incorporation of the University
(1) Kushabhau Thakre Patrakarita avam Jansanchar Vishwavidyalaya ke naam se ek vishwavidyalaya ki sthapana ki jawegi. Vishwavidyalaya uprokt naam se ek nigamit nikay hoga, jo Kulyadhipati, Kulpati ki Karyaparishad aur Vidyaparishad ke sadasyon se milkar banega aur aise samast vyakti jo iske pashchat uske aise adhikari ya sadasya ban gaye hain, aise pad dharan karne ya aisi sadasyata dharan tak aise pad par bane rahenge. (2) Vishwavidyalaya ka sashvat uttaradhikar hoga tatha uski samanya mudra hogi aur vah umkt naam se vad chalayega tatha umkt naam se uske viruddh vad chalaya jayega. (3) Is adhiniyam ke sambandhon ke adhyayan rehte huye, vishwavidyalaya sthavar tatha asthavar donon prakar ki sampatti arjit karne tatha dharan karne, kisi aise sthavar ya asthavar sampatti ko jo kism mein nihit ki gayi ho, ya vishwavidyalaya ke prayojnon ke liye uske dwara arjit ki gayi lease par dene, bechne ya anyatha antarjit karne tatha samvida karne aur aise samast anya baatein, jo is adhiniyam ke prayojnon ke liye avashyak hon, karne ke liye saksham hoga. (4) Vishwavidyalaya dwara ya uske viruddh samast vadon tatha anya vidhik karyavahiyon mein abhivachan registrar dwara hastaksharir kiye jayenge aur aise vadon tatha karyavahiyon mein samast adeshikayen registrar ko jari ki jayengi tatha us par tameeli ki jayegi. (5) Vishwavidyalaya ka mukhyalay Raipur mein sthit hoga. (1) University shall be established in the name of Kushabhau Thakre Patrakarita Avam Jansanchar Vishwavidyalaya. The University shall be a corporate body, which shall have the Kuladhipati, and members of Executive Council, Academic Council and, all persons who may hereafter become such officers or members thereof so long as they continue to hold such office or membership. (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 or immovable, which may have become vested in, or may have been acquired by it for the purposes of the University and to contract and do all other things necessary for the purpose of this Act. (4) In all the suits filed by or against the University and any legal action, the pleading shall be signed by Registrar and in such suits and actions all the directives shall be issued and served to Registrar. (5) The University shall have its head quarter at Raipur.
4. Objects of the University
Vishwavidyalaya ke uddeshya nimnalikhit honge: (1) Vishwavidyalaya ko print aur electronic media jansanchar tatha isse jude aise vishay, adhyayan shakhaayein, aur adhyayan kshetra jo in kshetron ke avashyak tatha upyogi hon, evam jo isse sambandh hon ke liye adhyapan, prashikshan, vidya tatha anusandhan ke rashtriya kendra ke roop mein viksit karna; (2) Uprokt kshetron ki avashyaktaon ki purti karne ke liye vyavsayik manav shakti taiyar karna; (3) Anusandhan, prashikshan, tatha prakashan ke madhyam se gramin tatha janjatiya kshetron mein sanchar ke liye samuchit praudyogiki viksit karna; (4) Ek vishishtata wali udyami ka vikas karna; (5) Samaj ke upantyasth vargon (visheshkar mahilaon, anusuchit janjatiyon tatha anusuchit jatiyon evam anya pichda varg) par vishesh dhyan dena; (6) Upar varnit uddeshyaon ko prapt karne ke liye samast avashyak upay karna. The University shall have the following objectives:- (1) develop the University as a National Centre of teaching, training and research in the area of Journalism Print, Electronic Media, Mass- Communication and other related subjects, branches of studies and other essential and relevant areas of studies. (2) Prepare professional manpower to meet out the requirement of the above said areas. (3) develop proper technology for communication in rural and tribal areas through research, training and publication. (4) Develop entrepreneurs with specialization. (5) give special attention to the marginalized groups of the society specially, Woman, Scheduled Castes, Scheduled Tribes and other backward classes. (6) Make all necessary provisions in order to achieve the above said objectives.
5. Powers of the University
Is adhiniyam ke sambandhon ke adhyadhin rehte huye, vishwavidyalaya ko nimnalikhit shaktiyan prapt hongi arthath: (1) Vidya ke aisi shakhaon mein jinhe vishwavidyalaya samay-samay par avadharit kare, shikshan ke liye vyavastha karna aur gaveshna karya tatha gyan ke abhivardhan evam prachar ke liye vyavastha karna; (2) Adhyapan tatha gaveshna ke liye vishwavidyalaya ki prayogshalayon, pustakalayon, sangrahalayon tatha anya suvidhaon ka ayojan karna; (3) Mahavidyalayon, adhyapan-vibhagon, adhyayan kendron, adhyayan kendron tatha chatra niwason ko sthapit karna, sandharit karna tatha unka prabandh karna; (4) (a) Is adhiniyam ke sambandhon ke anusar acharya pad, upacharya pad, pradhyapak pad tatha vidya sambandhi koi anya pad ya koi anya adhyapan pad jo ki vishwavidyalaya dwara apekshit hon, sanshthit karna aur aise padon par vyaktiyon ko niyukt karna; (b) Un vyaktiyon ko jo kisi anya vishwavidyalaya ya anya sangathan mein karya kar rahe hon, vishwavidyalaya ke adhyapak ke roop mein vinirdisht kalavadhi ke liye niyukt karna; (5) Adhyapakon ko is roop mein manyata dena ki ve mahavidyalaya ke shikshan dene ke liye arha hain; (6) Kisi vishay mein prakhyat vyaktiyon ke is prayojan se manyata dena ki ve us samay vishay mein gaveshna ke sambandh mein path-pradarshan karen; (7) Vibhinn parikshaon ke liye shikshan kram adhikathrit karna; (8) Is adhiniyam ke sambandhon ke anusar upadhiyan, upadhipatra, praman patra tatha vidya sambandhi anya vishishtataen sanshthit karna; (9) Aisi sharton ke, jaisa ki vishwavidyalaya avadharit kare, adhyayan rehte huye, parikshaon, mulyankan, ya jaanch ki kisi anya paddhati ke aadhar par jaisa ki pariniyamon dwara vidhit ki jaya, upadhipatra, praman patra dena aur upadhiyan tatha vidya sambandhi anya vishishtataen pradan karna; parantu vishwavidyalaya ki kisi upadhi tak pahunchane wali pariksha mein kisi bhi vyakti ko tab tak pravesh nahi diya jayega jab tak ki, aise vyakti ne, yadi usne aisi pariksha ke liye aisa vishay chuna ho, jiske liye ki prayogik (practical) karya ka pathykram vidhit kiya gaya ho, aisa karya kisi vishwavidyalaya adhyapan vibhag ya kisi adhyayan kendra ya kisi mahavidyalaya mein pura na kar liya gaya ho tatha tab tak ke vah us karya ke is prakar pura kar lene ke bare mein us adhyapan vibhag ya pradhyayan kendra ke vibhakhadhyaksha ya us mahavidyalaya ke pracharya ka praman patra pesh na kar den; (10) Un vyaktiyon ko jinhone adhyadeshon mein abhikathrit sharton ke adhyadhin gaveshna ka karya kiya ho, upadhi tatha vidya sambandhi anya vishishtataen pradan karna. (3) to establish, maintain and manage colleges, teaching departments, centres of study, centres of research and halls of residence; (4) (a) to institute professorships, readerships, lectureships and any other post of teaching required by the University, and to appoint persons to such posts, (b) to appoint persons working in any other university or organization as teachers of the University for a specified period; (5) to recognise persons as teachers as qualified to give instructions in colleges; (6) to recognise persons eminent in any subject as qualified to give guidance in research in that subject at that time; (7) to prescribe courses of study for various examinations; (8) to institute degrees, diplomas, certificates and other academic distinctions in accordance with the provisions of this Act; (9) to confer degrees, diplomas, certificates and other academic distinctions on the basis of examinations, evaluation or any other method of testing as may be prescribed by the Statutes, subject to such conditions as the University may determine, provided that no person shall be admitted as a candidate for any University examination leading to a degree unless he has prosecuted a course of study and completed such work, including practical work, if any, as may be prescribed for such subject, in a University teaching department, or in a centre of study, or in a college, and produces a certificate from the Head of the University teaching department or centre of study or the Principal of the college to the effect that the candidate has completed such work; (10) to confer degrees and other academic distinctions on persons who have carried on research under conditions prescribed by the Ordinances; (11) to withdraw for good and sufficient cause from persons any degrees, diplomas, certificates or other academic distinctions; (12) to confer honorary degrees or other academic distinctions on approved persons in the manner prescribed by the Statutes; (13) to confer degrees, diplomas, certificates and other academic distinctions or withdraw any or all of such privileges in the manner and subject to conditions as may be prescribed by the Statutes or Ordinances, and to manage colleges; (14) to declare any University teaching department, centre of study or college as an autonomous college, provided that the extent of autonomy which each such centre of study or college may receive shall be such as may be prescribed by the Statutes, and the subjects in respect of which it shall exercise such autonomy shall be such as may be prescribed by the Statutes; (15) to conduct, coordinate, regulate and control teaching and research work in colleges and institutions recognized by the University; (16) to recognize halls of residence not maintained by the University and to withdraw any such recognition in the manner prescribed by the Statutes and Ordinances; (17) to inspect colleges and recognized institutions and to take measures to ensure that proper standards of instruction, teaching and training are maintained therein; (18) to promote the educational interests of the weaker sections of the society and specially of the Scheduled Castes and Scheduled Tribes with special vigilance; (19) to provide facilities for refresher courses and vacation courses for teachers and alumni of the University; (20) to cooperate and collaborate with other universities and authorities in such manner and for such purposes as the University may determine; (21) to make provision for: (a) extramural teaching and extension services, (b) distance education in accordance with the provisions of this Act, (c) physical training, (d) sports and exercise-related activities, (e) social service schemes, (f) National Cadet Corps; (22) to establish and manage: (a) information bureaus, (b) employment bureaus, and (c) printing and publication department and translation bureau; (23) to supervise and control the residence, conduct and discipline of students of the University and to make arrangements for the promotion of their health and general welfare; (24) to demand and receive such fees and other charges as may be prescribed by the Ordinances; (25) to prescribe and control the fees and other charges which may be received or realized by colleges; (26) to create administrative, clerical and other necessary posts, to determine their tenure and to make appointments thereon; (27) to maintain control over the paid officers, teachers and other employees of the University in accordance with the Statutes and Ordinances; (28) to hold and manage trusts and endowments and to institute and award fellowships, scholarships, studentships, bursaries, medals and other awards; (29) to receive gifts and grants and to provide funds in accordance with the provisions of this Act; (30) to borrow money on the security of the University property for the purposes of the University with the previous approval of the State Government; (31) to determine criteria for admission to the University, including any system of examination, evaluation or other testing; (32) to make special arrangements for female students; (33) to make arrangements for the promotion of the health and general welfare of the employees; (34) to purchase, lease, take by gift or otherwise, any land or building or facility which is necessary or convenient for the purposes of the University, and to construct or alter any such building or facility, on such terms and conditions as it may deem fit and proper, subject to the approval of the State Government; (35) to sell, exchange, lease or otherwise dispose of all or any part of the movable or immovable property of the University on such terms and conditions as the University may deem fit and proper; (36) to abolish or close any of the classes or departments of the University; (37) to enter into agreements to receive grants from the Central Government, State Government, University Grants Commission or other authorities; (38) to do all such acts and things, whether incidental to the aforesaid powers or not, as may be required to further the objects of the University. Subject to the provisions of this Act, the University shall have the following power, namely:- (one) for instruction in such branches of learning as the University may, from time to time, determine, make provision for research advancement and dissemination of knowledge; (two) organize laboratories, libraries, museums and other equipment for teaching and research; (three) establish, maintain and manage Colleges, Teaching departments, Schools of Studies, Study Centres and, Hostels; (four) (a) create posts of Professors, Readers, Lecturers and any other academic or teaching posts required by the University and to appoint persons to such posts; (b) appoint persons working in any other university or organization as teachers of the University for specified period; (five) recognize teachers as qualified for teaching; (six) give recognition to eminent persons of any subject so that they may give guidance in research; (seven) lay down the courses of instruction for various examinations; (eight) institute degrees, diplomas certificates and other academic distinctions; (nine) 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 or diploma of the University unless such persons, if he had offered a subject for such examination for which a course of practical work as prescribed has completed such work in a College, University Teaching (four) (a) create posts of Professors, Readers, Lecturers and any other academic or teaching posts required by the University and to appoint persons to such posts; (b) appoint persons working in any other university or organization as teachers of the University for specified period; (five) recognize teachers as qualified for teaching; (six) give recognition to eminent persons of any subject so that they may give guidance in research; (seven) lay down the courses of instruction for various examinations; (eight) institute degrees, diplomas certificates and other academic distinctions; (nine) 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 or diploma of the University unless such persons, if he had offered a subject for such examination for which a course of practical work as prescribed has completed such work in a College, University Teaching Department or Study centre and produces a certificate of such completion from the head of the teaching department or School of Studies, Study Centre or the Principal of the College; (ten) confer degrees and other academic distinctions on persons who have carried on research under conditions laid down in Ordinance; (eleven) withdraw degrees, diplomas, certificates and other academic distinctions; (twelve) confer honorary degrees or academic distinction; (thirteen) admit privilege or to withdraw all or any specific privilege; (fourteen) declare teaching Department of the University, School of Studies or Colleges as autonomous College; (fifteen) conduct, coordinate and regulate central teaching and research work in the colleges and institutions recognized by the University, (sixteen) recognize hostels not maintained by the University and withdraw any such recognition; (seventeen) inspect Colleges or recognized institutions and take measures to ensure that proper standards of instructions, teaching and training are maintained; (eighteen) promote with special care the educational interests of the weaker sections society and in particular scheduled caste, scheduled tribe and other backward class; (nineteen) provide facilities of refresher and vocational courses to the teachers and alumni of the University; (twenty) cooperate and collaborate with other universities and authorities in such manner for such purposes as the University may determine; (twenty one) make provisions for; (a) extra mural teaching and extension services; (b) distance teaching; (c) physical training; (d) activities related to games and exercise; (e) social service schemes; (f) national cadet corps; (twenty two) institute and manage; (a) information bureau; (b) employment bureau; (c) printing, publication department and, translation bureau; (twenty three) supervise and control residence, conduct and discipline of students of the University and to make arrangements for promoting their health and general welfare; (twenty four) demand and receive fees and other charges; (twenty five) regulate fees and other charges recoverable by colleges; (twenty six) create administrative and other necessary posts; (twenty seven) control over the salaried officers, teachers and other employee of the University; (twenty eight) hold and manage trusts and endowments, institute and award fellowships, scholarships, exhibitions, bursaries, medals and other awards, (twenty nine) receive donation and grants, invest funds in accordance with the provisions of this Act; (thirty) borrow money on the security of University property or Government security for the purposes of the University; with the prior approval of the State Government; (thirty one) determine standard for admission to the University which may include examination, evaluation or any other method of testing; (thirty two) make special arrangement in respect of women students; (thirty three) make arrangement for promoting the health and general welfare of the employees; (thirty four) purchase any land, building or works that are necessary or convenient for the University under prescribed terms and conditions to take land on lease or accept donation, or to construct or to modify any building or works subject to approval of the State Government; (thirty five) sell ,exchange transfer on lease or dispose off any movable, or immovable property or any part of the University; (thirty six) close down any class or department of the University; (thirty seven) make agreements with Central Government, State Government, University Grants Commission and authorities for procurement of grants; (thirty eight) perform all such acts and matters as expected, whether they are incidental to the powers aforesaid or not, so that the objects of the University are promoted;
6. Prohibition of discrimination in the University
The University shall not discriminate against any citizen of India on the grounds of religion, race, caste, sex, place of birth, language or any one of them in the exercise of its powers or in the performance of its duties conferred or imposed by or under this Act.
7. Teaching in the University
All recognized teaching work in relation to the courses of the University, the authority responsible for organizing such teaching and the courses and curriculum shall be such as may be prescribed by the Statutes, Ordinances or Regulations, as the case may be.
8. Inspection of the University and colleges
(1) The Kulpati (Chancellor) may, suo motu, by such person or persons as he may direct, inspect the University, its buildings, laboratories, museums, workshops and equipment, and any college or institution maintained by the University, or to whom privileges have been given by it, and the examinations conducted by the University, the teaching and other work done by it, and may also cause an inquiry to be made in like manner in respect of any matter connected with the administration or finance of the University, colleges or institutions; and on a request being made by the State Government, the Kulpati shall cause such inspection or inquiry to be made by such person or persons as he may direct. (2) The Kulpati shall, in every case, give notice of his intention to cause an inspection or inquiry: (a) to the University, if such inspection or inquiry is to be made in respect of the University, or a college or institution maintained by the University; (b) to the governing body of the college or institution, if such inspection or inquiry is to be made in respect of a college or institution to which privileges have been given by the University; and would be entitled to appoint a representative, who shall have the right to be present and be heard at the time of such inspection or inquiry. (3) Such person shall submit a report of the result of such inspection or inquiry to the Kulpati, and the Kulpati shall communicate his views with regard to the result of such inspection or inquiry, through the Kulpati (Vice-Chancellor) to the Executive Council or the said governing body, as the case may be, and shall, after ascertaining the opinion of the Executive Council or governing body, advise on the action to be taken by the University or the governing body, provided that where the inspection or inquiry was caused on the request of the State Government, the Kulpati shall act under this sub-section in consultation with the State Government. (4) The Executive Council or the governing body, as the case may be, shall, through the Kulpati (Vice-Chancellor), inform the Kulpati (Chancellor) of the action, if any, which it proposes to take as a result of such inspection or inquiry, and such report shall be sent within such time as the Kulpati (Chancellor) may specify. (5) Where the Executive Council or the governing body fails to take action to the satisfaction of the Kulpati (Chancellor) within a reasonable time, the Kulpati (Chancellor) may, after considering the explanation given or the representation made by the Executive Council or the governing body, and in consultation with the State Government, issue such directions as he may deem fit, and the Executive Council or the governing body, as the case may be, shall comply with them.
9. Officers of the University
The following shall be the officers of the University, namely:-(1) Kulpati (Chancellor), (2) Kulpati (Vice-Chancellor), (3) Kul-sachiv (Registrar), (4) Finance Officer, (5) Such other officers in the service of the University as may be declared by the Statutes to be the officers of the University.
10. Kulpati and his powers
(1) The Governor of Chhattisgarh shall be the Kulpati of the University. (2) The Kulpati shall, by virtue of his office, be the honorary head of the University and shall, when present, preside at Convocations of the University. (3) The Kulpati shall: (a) call for any paper or information relating to the affairs of the University; and (b) direct that any matter, except a matter falling under Section 57, be referred for reconsideration to any officer or authority of the University that has previously considered such matter, for recorded reasons. (4) The Kulpati may, by written order: (a) annul any proceeding of any officer, authority, committee or body of the University constituted by or under this Act, which is not in conformity with this Act, Statutes, Ordinances or Regulations; or (b) annul any proceedings of any authority, committee or any other body which have been referred to him by the Kulpati, if he is satisfied that such proceedings are likely to have an adverse effect on the interests of the University: Provided that before making any such order, he shall call upon the concerned officer, authority, committee or body to show cause why such order should not be made and if any cause is shown within the time specified by him in this behalf, he shall consider the same. (5) Where the Kulpati passes an order annulling proceedings under sub-section (6), he may pass such subsequent order in relation to it, in conformity with this Act, rules, Statutes, Ordinances and Regulations, as he deems necessary in the interest of the University and the order so made shall be final. (6) Every proposal for the conferment of an honorary degree shall be subject to the confirmation of the Kulpati. (7) The Kulpati shall exercise such powers as may be conferred upon him by or under this Act.
11. Appointment of Kulpati
(1) The appointment of the Kulpati shall be made by the Kulpati (Chancellor) on the advice of the State Government, from a panel of at least three persons related to the field of journalism recommended by a search committee constituted under sub-section (2) or sub-section (6) on the principle of 'pleasure': Provided that if the person approved by the Kulpati from the panel recommended by the search committee does not wish to accept the appointment, the Kulpati may call for new names from the search committee. (2) The Kulpati shall appoint a search committee, which shall consist of the following persons, namely: (1) One person recommended by the Executive Council; (2) One person nominated by the Chairman of the University Grants Commission; (3) One person nominated by the State Government; the Kulpati shall appoint them and make one of them the chairman of the committee. (3) For the constitution of the committee under sub-section (2), the Kulpati shall, six months before the expiry of the term of the Kulpati, require the Executive Council, the Chairman of the University Grants Commission, and the State Government to nominate their respective persons, and if any or both of them fail to do so within one month of receiving the Kulpati's notice, the Kulpati, in consultation with the State Government, may nominate the name of either one or both persons, as the case may be. (4) No person who is connected with the University shall be elected or recommended for the committee under sub-section (2). (5) The committee shall submit the panel within six weeks of the date of its constitution or within such further time, not exceeding four weeks, as may be extended by the Kulpati. (6) If for any reason the committee constituted under sub-section (2) fails to submit the panel within the period specified in sub-section (5), the Kulpati shall constitute another committee consisting of three persons who are not connected with the University or any college, one of whom shall be designated as chairman. The committee so constituted shall submit a panel containing at least three names within a period of six weeks from the date of its constitution or such shorter period as may be specified. (7) If the committee under sub-section (6) fails to submit the panel within the period specified in that sub-section, the Kulpati, in consultation with the State Government, may appoint any person whom he considers suitable as Kulpati. (8) The State Government shall appoint an expert in the field of journalism to the post of Kulpati of the newly established University for a period of five years or until the age of 70 years, whichever is earlier, and such appointed person shall constitute the Executive Council, Academic Council and other authorities of the University within one year of the date of establishment and till such authorities are constituted, the Kulpati shall be deemed to be the Executive Council, Academic Council or such other authority, as the case may be, and shall exercise the powers and perform the duties conferred upon such authorities by or under this Act: Provided that if the Kulpati considers it necessary or expedient to do so, he may, after consulting the State Government, appoint a committee consisting of an educationist, an administrative expert and a financial expert, which will assist and advise the Kulpati in the exercise of his powers and discharge of his functions. In the Chhattisgarh Kushabhau Thakre Patrakarita Avam Jansanchar University Act, 2004 (No. 24 of 2004), in sub-section (8) of Section 11, for the words "from field of journalism", the punctuation and words", a professional person of either branch from field of journalism or mass media, who has more than 20 years of experience at senior level in public or private sector" shall be substituted.
12. Emoluments and conditions of service of kulpati
(1) 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 Statute. (2) Kulpati shall hold office for a term of four years or till he attains the age of 70 years whichever is earlier and shall not be eligible for appointment for more than two terms. Provided that notwithstanding the expiry of his term 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. (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 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 term of office of Kulpati has not expired, by an order, in writing, stating the reasons therein, require 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 Kulpti 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) Kulpati shall be deemed to have relinquished the office and the office of Kulpati shall fall vacant. (6) In the event of the occurrence of any vacancy including a temporary vacancy in the office of Kulpati by reason of his illness, leave, death, resignation or otherwise Dean of any faculty or the senior most Professor of the University teaching department nominated by the Kuladhipati in consultation with the State Government for that purpose shall act as Kulpati until the date on which Kulpati appointed under sub-section (1) or sub-section (7) of Section 11, 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. For sub-section (6) Section 12 of the Principal Act, the following shall be substituted, namely:-(6) In the event of occurence of any vacancy in the office of the Kulapati by reason of his death, resignation, leave, illness or otherwise including a temporary vacancy, the Rector and if no Rector has been appointed or if the Rector is not available then on recommendation of the State Government, the Dean of any faculty or the Senior most Professor of the University Teaching Department or any Officer not below the rank of Special Secretary to the State Government to be nominated by the Kuladhipati for that purpose shall act as the Kulapati until the date on which Kulapati is appointed, for filling such vacancy, under sub-section (7) of Section 11 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.
13. Powers and duties of the Vice-Chancellor
(1) The Vice-Chancellor shall be the principal administrative and academic officer of the University. He shall be an ex-officio member and Chairman of the Executive Council and the Academic Council and shall be the Chairman of such other authorities, committees and bodies of the University of which he may be a member. He shall be entitled to be present at and to address 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 concerned authority, committee or body. (2) It shall be the duty of the Vice-Chancellor to ensure that the Act, Statutes, Ordinances and Regulations are faithfully observed and he shall have all powers necessary for this purpose. (3) The Vice-Chancellor shall have the power to convene meetings of the Executive Council, Academic Council and 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 Vice-Chancellor, such an emergency has arisen which requires immediate action, the Vice-Chancellor shall take such action as he deems necessary and shall thereafter report his action at the earliest to such officer, authority, committee or other body as would have in the ordinary course dealt with the matter: Provided that the University shall not be bound by any recurring expenditure for a period of more than three months in respect of any action taken by the Vice-Chancellor. Provided further that where any action taken by the Vice-Chancellor affects any person in the service of the University, such person shall be entitled to file an appeal to the Executive Council within thirty days from the date on which he was informed of such action. Provided also that this power shall not extend to such matters relating to amendment of Ordinances, Statutes, Regulations or any matters relating to creation of posts and appointments. (5) Upon receipt of a report under sub-section (4), if the concerned authority, committee or body does not approve the action taken by the Vice-Chancellor, it shall refer the matter to the Kulpati (Chancellor) whose decision thereon shall be final. (6) Any action taken by the Vice-Chancellor under sub-section (4) shall be deemed to be action taken by the appropriate authority until it is set aside by the Kulpati (Chancellor) upon receiving instructions under sub-section (5) or set aside by the Executive Council upon an appeal being filed under the second proviso to sub-section (4). (7) The Vice-Chancellor shall exercise general control over the activities of the University and shall implement the decisions of the authorities of the University. (8) The Vice-Chancellor shall exercise such other powers as may be prescribed by the Statutes, Ordinances or Regulations. (9) It shall be the duty of the first Vice-Chancellor of the University to constitute the Executive Council, Academic Council and other authorities of the University within a period of one year from the appointed date.
14. Registrar
(1) The Registrar shall be a whole-time salaried officer of the University and shall perform his duties under the Act subject to the general superintendence and control of the Vice-Chancellor. He shall act as the Secretary of the Executive Council and the Academic Council. (2) The appointment of the Registrar shall be made by the Executive Council with the approval of the Kulpati (Chancellor) as per the Statutes. Provided that the first Registrar of the University shall be appointed by the State Government. (3) Subject to the powers of the Executive Council, the Registrar, unless otherwise provided in the Statutes, shall be responsible for ensuring that all funds are spent only for the purpose for which they are approved or allocated. (4) Except as otherwise provided by or under this Act, all contracts shall be signed by the Registrar on behalf of the University and all documents and records shall be authenticated by the Registrar on behalf of the University. (5) The Registrar shall exercise such powers and perform such duties as may be conferred or imposed upon him by the Statutes, Ordinances and Regulations. (6) When the office of the Registrar is vacant or when the Registrar is by reason of illness, absence or for any other cause unable to perform his duties, his duties shall be performed by such person as the Vice-Chancellor may appoint for this purpose.
15. Other employees of the University
The appointment of other employees of the University as referred to in section 10 shall be made in such manner and their conditions of service and their powers and duties shall be such as may be provided by the Statutes, Ordinances or Regulations.
16. Authorities of the University
The authorities of the University shall be the following: (i) [Deleted] (ii) The Executive Council; (iii) The Academic Council; (iv) The Finance Committee; (v) The Faculty/School; (vi) The Board of Studies; (vii) Such other authorities as may be declared by the Statutes to be the authorities of the University.
17. Constitution of the General Council
[Deleted] [Omitted]
18. Chairman and Secretary
[Deleted] [Omitted]
19. Term of office and conditions of service of members of the General Council
[Deleted] [Omitted]
20. Powers and duties of the General Council
[Deleted] [Omitted]
21. Constitution of Standing Committee and ad-hoc committees by the General Council
[Deleted] [Omitted]
22. Executive Council
(1) The Executive Council shall be the executive body of the University and shall consist of the following, namely: (i) Vice-Chancellor - Chairman; (ii) Any member nominated by the Chief Minister, two scholars associated with the field of Journalism; (iii) Three members of the Legislative Assembly nominated by the Speaker of the Legislative Assembly; (iv) Principal Secretary/Secretary, Public Relations Department or his nominee not below the rank of Deputy Secretary - Member; (v) Principal Secretary/Secretary, Finance Department or his nominee not below the rank of Deputy Secretary - Member; (vi) Principal Secretary/Secretary, Higher Education Department or his nominee not below the rank of Deputy Secretary - Member; (vii) One Dean of a Faculty to be nominated by the Kulpati (Chancellor); (viii) [Deleted]; (ix) Two Professors nominated by the Kulpati (Chancellor) by rotation on the recommendation of the Vice-Chancellor - Member; (x) The Registrar - Member Secretary. (2) Those members of the Executive Council who are not ex-officio members shall hold office for a period of two years. (3) Quorum for the meetings of the Executive Council shall be of five members. Provided that no quorum shall be necessary for an adjourned meeting which is held on a re-notice of one hour. (1) (four) Principal Secretary/ Secretary, Public relations, Member; (five) Principal Secretary/ Secretary, Finance or his nominee not be below the rank of deputy secretary, Member; (six) Principal Secretary/ Secretary, Higher Education or his nominee who shall not be below the rank of deputy secretary; Member; (seven) One Dean of Faculty nominated by the Kuladhipati; Member; (eight)* OMITTED; (nine) Two Professors to be nominated by Kuladhipati on rotation basis on recommendation of the Kulapti Member; (ten) Registrar; Member Secretary. (2) Members of the Executive Council, other than ex- officio members, shall hold the post for two years. (3) Five members of the Executive Council shall form the quorum. Provided quorum shall not be necessary for adjourned meeting that is called on a notice of one hour.
23. Powers and Duties of the Executive Council
Subject to the provisions of this Act, Statute, Ordinance, or Regulation, made thereunder, the Executive Council shall have the following powers and perform the following duties, namely: (one) control and administer the Property and funds of the University; (two) administer funds placed at disposal of the University for specific purposes; (three) adopt annual accounts together with Audit report; (four) prepare the annual financial estimate of the University and same to pass the same. (five) (a)* OMITTED; (b) fix the limit for recurring and non-recurring expenditure for the year. (six) Subject to clause (five), at any time during the financial year, (a) reduce the amount of the budget grant; (b) sanction the transfer of any amount within a budgeted grant from one head to another or from a subordinate head under one minor head to a subordinate head under another minor head; (c) sanction the transfer of any amount not exceeding rupees twenty five thousand within a minor head from one subordinate head to another or from one primary unit to another ; (seven) 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. (eight) 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; (nine) enter into, vary, carry out and cancel contracts on behalf of the University exercising the powers and duties assigned to it by Act, or Statute. (ten) determine the form of common seal of the University, provide custody for, and regulate it. (eleven) admit colleges to privileges of the University on the recommendation of Academic Council and to withdraw any of these privileges and to take over the management of the colleges in the manner and under the heads prescribed in the Act and Statute. (twelve) declare Teaching Department of the University, School of Studies or colleges as autonomous colleges, provided that the extent of autonomy which each such teaching department of the University, School of Studies or college may have and the matters in relation to which it may exercise such autonomy, shall be such as may be prescribed by Statute. (thirteen) make provision for building, premises, furniture, apparatus, books and other means needed for carrying on the work of the University. (fourteen) accept on behalf of the University, trust, bequests, donation of any movable or immovable property. (fifteen) manage and regulate the finance, accounts and investments of the University. (sixteen) institute and manage- (a) a printing, publication and translation bureau; (b) an information bureau; and (c ) an employment bureau. (seventeen) make provision for- (a) (i) extramural teaching and research; (ii) University extension activities; (iii) Distance teaching (b) (1) Physical training; (2) Students welfare; (3) Sports and Athletic activities (4) Social Service Scheme; (5) National Cadet Corps; (eighteen) scrutinise all proposals of Academic Council with a view to their execution within the framework of the budget. (nineteen) create post of Professor, Reader, lecturer or other teaching posts as may be proposed by with the prior sanction of the State Government. (twenty) create administrative, ministerial and other posts with the prior sanction of the State Government. (twenty one) abolish or, suspend, any post of Professor, Reader, Lecturer or other teaching pots in the University. (twenty two) establish, maintain and manage colleges, teaching departments, institutions of research or specialized studies, laboratories, libraries, museums and halls. (twenty three) provide housing accommodation for teachers of the University. (twenty four) arrange for and direct the inspection of affiliated colleges, recognized institutions 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 recommendation of Academic Council, the conditions of affiliation or recognition or taking of such other steps as it deems necessary and proper on that behalf. (twenty five) prepare a college code laying down therein the terms and conditions of affiliation of colleges; (twenty six) call for reports, returns and other information from affiliated colleges, recognized institutions; (twenty seven) 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; (twenty eight) recommend to the Kuladhipati the conferment of honorary degrees and academic distinctions in the manner prescribed by Statute; (twenty nine) confer or withdraw degrees, diplomas, certificates and other academic distinctions in the manner prescribed by Statute; (thirty) institute fellowships, scholarships, studentships. Exhibitions, medals and prizes; (thirty one) save as otherwise provided by this Act, or the Statute , to appoint the officers other than 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; (thirty two) regulate and enforce discipline among members of the teaching, administrative and ministerial staff of the University in accordance with Statute and Ordinance; (thirty three) recognize a member of the staff of an affiliated college or recognized institution as a teacher of the University and withdraw such recognition. (thirty four) fix remuneration of examiners to arrange for the conduct of and for publishing the results of the University examinations and other tests; (thirty five) 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; (thirty six) take disciplinary action against students enrolled in the University, including candidates for any examinations; (thirty seven) take disciplinary action against staff, persons appointed as invigilators, examiners, etc. (thirty eight) demand and receive fees and other charges as may be prescribed by the Ordinance. (thirty nine) make, amend and cancel Ordinance; (forty) accept, reject or return regulation framed by Academic Council to it for consideration; (forty one) entertain, adjudicate upon and, if deemed fit to, redress grievances of the employees; (forty two) exercise such other powers and perform such other duties as may be conferred or imposed on it by or under this Act: (forty three) exercise all powers of the University not otherwise provided for in this Act or Statute and all other powers which are requisite to give affect to the provisions of this Act or Statute; (forty four) delegate by regulation any of its powers to Kulpati, Registrar or such other officer of the University or a committee appointed by it as it may deem fit. After entry (5) of sub-clause (b) of clause (seventeen) of Section 23 of the Chhattisgarh Kushabhau Thakre Patrakarita Avam Jansanchar University Act, 2004 (No. 24 of 2004), (hereinafter referred to as the Principal Act), the following entry shall be added, namely: Students Union.
24. Finance Committee
(1) the Kuladhipati shall constitute a Finance Committee for such University, consisting of the following members, namely:- (one) Kulpati of the University-Chairman; (two) Registrar of the University, Member secretary: (three) Dean of faculties: (four) Principal Secretary/Secretary, Public relation or his nominee, not below the rank of Deputy Secretary. (five) Principal Secretary/Secretary, Finance, or his nominee, not below the rank of Deputy Secretary. (six) Principal Secretary/Secretary, Higher Education, 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, Statute, Ordinance and Regulation made there under, the Finance Committee shall exercise the powers and perform the functions as under :- (a) review the income and expenditure of the University ; (b) prepare 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) sanction proposals and take decisions on the income and expenditure or the University. (d) get the annual accounts and the annual audit of the University completed in time and in light of the reports, order, appropriate directions. (4) four members shall form the quorum, out of which the presence of Kulpati and one member either from clause (five) or (six) of subsection (1) shall be essential in the committee.
25. fo|k ifj’kn~
(1) fo|kifj’kn~ dk xBu fuEufyf[kr O;fDr;ksa ls feydj gksxk] vFkkZr~& (d) dqyifr] v/;{k( ([k) dqylfpo&lnL; lfpo( (x) ladk;k/;{k( (?k) v/;;u cksMksZa ds v/;{k (ps;jilZu)( (M) fo'ofo|ky;ksa ds lHkh foHkkxksa ds foHkkxk/;{k( (p) lapkj dh fdlh Hkh “kk[kk dk ,d f'k{kd tks dqyifr }kjk ukekafdr gks( (N) lapkj ds {ks= dk ,d fo[;kr O;olk;h] tks dqykf/kifr }kjk uke funsZf'kr fd;k tk,xk( (t) v/;;u dsanzksa ds nks vkpk;Z (pdzkuqdze ds vk/kkj ij)( (>) fo'ofo|ky; ds v/;kiu foHkkx@v/;;u dsanzksa ds nks mikpk;Z@O;k[;krk tks en (x), (?) ,oa (M) ls fHkUu gksa tks dqyifr }kjk pdzkuqdze ls uke fufnZ’V fd;k tk,WaxsA (2) insu lnL;ksa ls fHkUu lnL;ksa dh inkof/k pkj o’kZ gksxhA
26. Powers of the Academic Council
(1) The Academic Council shall in addition to all other powers vested in it by this Act, Statute and Ordinance, shall have , the following powers and perform the following duties, namely :-(one) exercise general supervision, over the academic policies of the university and to give directions regarding methods of instruction, co-operative teaching among colleges and institutions maintained by or admitted to the privileges of the University, valuation of research or improvements in academic standards ;(two) consider matter of general academic interest either on its own initiative or on reference by a faculty or the Executive Council and to take appropriate action thereon;(three) make proposal for allocating departments to the faculties and to assign fellows and its own members to the faculties ;(four) make proposals for institution of fellowships, scholarships, studentships, exhibitions, medals and prizes and to make rules of their award;(five) consider the application for admission of an educational institution to the privileges of the University;(six) prescribe qualifications for recognition of persons as teachers of the University and to accord such recognition;(seven) make arrangements for the conduct of examinations and to appoint result committees consisting of its member or other persons or both, as it thinks fit, to prepare the result of the examinations, and report such results to the Executive Council for publication.(eight) 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 Statute .
27. 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 the following persons: (i) Professors in the University teaching departments for which the Board is constituted; (ii) One Reader from among the University teaching departments and Schools of Studies who is teaching the said subjects, who shall be nominated by the Vice-Chancellor on the basis of rotation according to seniority; (iii) One Lecturer of the teaching department who is teaching the said subjects who shall be nominated by the Vice-Chancellor on the basis of rotation according to seniority; (iv) Head of Department of subjects; (v) One student who fulfills the qualifications prescribed in the Statutes, who shall be appointed by the Vice-Chancellor for one year; (vi) Two members, who shall be co-opted by the Board, one of whom shall be an expert from outside the University. (3) The Chairman of the Board of Studies shall be nominated by the Vice-Chancellor from the members of the Board referred to in clause (i) of sub-section (2): Provided that if there is no member under clause (i), then the Chairman shall be nominated by the Vice-Chancellor from the members under clauses (ii) and (iv) of sub-section (2) of the Board. (4) The term of the Board of Studies shall be three years. (5) The Board of Studies shall have such powers and shall perform such duties as may be prescribed by the Statutes.
28. University Fund
(1) The University shall establish a fund, which shall be called the University Fund. (2) The following shall be part of or paid into the University Fund: (a) Rents, contributions or grants made by the Central or State Government or any corporate body; (b) Trusts, bequests, donations, endowments and other grants, if any; (c) Income of the University from all sources including income received from fees and charges; (d) All other sums received by the University. (3) The University Fund shall be kept in any nationalized bank. (4) The said fund shall be operated by the Vice-Chancellor or Registrar of the University authorized for such purpose in such manner as may be prescribed by the Regulations.
29. Objects for which University Fund shall be applied
(1) The University Fund shall be utilized for the following purposes and in the following order: (a) For payment of debts incurred by the University for the purposes of this Act and the Statutes, Ordinances and Regulations made thereunder; (b) For maintenance of teaching-departments, Schools of Studies, residences and hostels established by the University; (c) For payment of the cost of audit of the University Fund; (d) For the expenses of any such suits or proceedings in which the University is a party; (e) For payment of salaries and allowances of officers and employees of the University and for payment of salaries and allowances of members of the teaching staff employed in the teaching departments and Schools of Studies maintained by the University to further the purposes of this Act, and for payment of any provident fund contributions, gratuity and other benefits to any such officers, employees, members of teaching staff or members of such establishments; (f) For payment of travelling allowances and other allowances to the members of authorities and committees, as may be prescribed; (g) For payment of super-scholarships, scholarships, fellowships and other awards to students; (h) For payment of any expenses incurred by the University in implementing the provisions of this Act and the Statutes, Ordinances and Regulations made thereunder; (i) For payment of any such other expenses not specified in any of the preceding clauses, which may be declared by the Executive Council as expenditure for the purposes of the University. (2) No expenditure exceeding the limits set by the Executive Council for total recurring expenditure and total non-recurring expenditure for the year shall be incurred by the University without the prior approval of the Executive Council. (3) No expenditure other than the expenditure for which provision has been made in the budget shall be incurred by the University without the prior approval of the Executive Council.
30. Annual Accounts and Audit
(1) The annual accounts of the University shall be prepared under the direction of the Executive Council. (2) The accounts of the University shall be audited at least once in every year by the Local Fund Account Auditor of the State at intervals of not more than 15 months. (3) The State Government shall have the power to give directions for a specific audit of the accounts. (4) A copy of the audited accounts and the audit report along with it shall be submitted by the Executive Council to the State Government and shall be laid on the table of the Legislative Assembly.
31. Annual Report
(1) The annual report of the University shall be prepared every year by the Vice-Chancellor. (2) The prepared annual report shall be submitted to the Executive Council for approval. (3) A copy of the approved annual report shall be submitted to the State Government. The report shall be placed before the State Legislature by the State Government as soon as possible after its receipt.
32. Vice-Chancellor to be member of Coordination Committee
The Vice-Chancellor of this University shall be a member of the Coordination Committee constituted under Section 34 of the Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 (No. 22 of 1973).
33. Statutes
Subject to the provisions of this Act and the rules made thereunder, provisions may be made in the Statutes for all or any of the following matters, namely: (a) The constitution, powers and duties of such bodies as may be deemed necessary to be constituted from time to time; (b) The manner of election or appointment of members of the bodies referred to in clause (a) and their term of office, including the continuation of the first members in office and the filling of vacancies of members and all other matters related to those bodies for which provision is necessary and desirable; (c) The emoluments and other terms and conditions of service of the Vice-Chancellor, his powers and duties; (d) The powers and duties of the Registrar and other officers and employees of the University and their terms of service; (e) The constitution of pension or provident fund and the establishment of an insurance scheme and the provision of gratuity and other benefits for the benefit of the officers, and other employees of the University; (f) The holding of convocations to confer degrees; (g) The conferment of honorary degrees; (h) The withdrawal of degrees, diplomas, certificates and other academic distinctions; (i) The establishment and abolition of faculties, hostels, colleges, teaching-departments, Schools of Studies and institutions maintained by the University; (j) The conditions under which colleges and other institutions may be given the privileges of the University and the withdrawal of such privileges; (k) The extent of autonomy which may be obtained by University teaching departments, Schools of Studies or colleges and the subjects in relation to which such autonomy may be exercised; (l) The qualifications of professors, readers, lecturers and other teachers of affiliated colleges and recognized institutions; (m) The management of endowments and the institution of fellowships, scholarships, studentships, exhibitions, bursaries, medals, prizes and other awards; (n) The mode of determination of seniority for the purposes of this Act; (o) The maintenance of a register of registered graduates; (p) The establishment and constitution of the Hindi Publication and Translation Bureau; and (q) All such other matters as are required to be provided for by this Act and by the Statutes.
34. How the Statutes shall be framed
(1) The first Statute shall be framed by the State Government and the State Government may amend the first statute as may be necessary.(2) The authorities may from time to time, amend or repeal any statute, except first statute. (3) The authority may- on its own motion; or otherwise take into consideration the draft of a Statute.Provided that nothing in this clause shall apply in respect of statutes other than those affecting the emoluments of Kulpati, Registrar and other officers of the University.(4) Where a draft is proposed by the authority under this section it shall be referred to the Executive Council for consideration and the Kuladhipati may, after considering the views, if any, of the Executive Council that may be received within such period not less than thirty days as the Kuladhipati may specify approve such draft with or without modifications and pass the Statute,(5) Where a draft is proposed by the Executive Council the Kuladhipati may approve of such draft and pass the Statute or reject it or return it to the Executive Council for reconsideration either in whole or in part together with any amendment which he may suggest.(6) After any draft returned under sub-section (5) has been further considered by the Executive Council together with any amendment suggested by the Kuladhipati, it shall again be presented to the Kuladhipati with a report of the Executive Council thereon and the Kuladhipati may approve or reject the Statute.(7) The Kuladhipati 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 the repeal of any Statute 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.(8) The Kuladhipati may approve the statute and they shall become effective from such date as the Kuladhipati may specify.
35. Ordinance
(1) Subject to the provisions of this Act and the Statute the Ordinance may provide for all or any of the following matters, namely. (a) admission of students, courses of study and fees thereof, qualifications pertaining to degrees, diplomas, certificates and other courses, conditions for the grant of fellowships, awards and the like; (b) conduct of examinations, including the terms and conditions and appointment of examiners and moderators; (c) any other matter which by this Act or the Statute is to be or may be provided for by the Ordinance. (2) The first Ordinance shall be made by Kulpati with the previous approval of the State Government and the Ordinance so made may be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statute. In clause (a) of sub-section (1) of Section 35 of the Principal Act, after the words "awards and", the words "constitution of the Students Union and process of its election and" shall be inserted.
36. Regulations
(1) The authorities of the University may make Regulations for their own work or for the work of any committee constituted by them, for which there is no provision in the Act, Statutes or Ordinances, in accordance with the Statutes, provided they are consistent with the Act, Statutes and Ordinances. (2) The Regulations so made shall be placed before the Kulpati (Chancellor) for approval and shall be effective from the date of approval.
37. Admission to University Course
Students shall not be eligible for admission to a course of study for a graduate or diploma courses unless they have qualifications as may be prescribed by the Ordinance,
38. Appointment of Examiners and Moderators
(1) Subject to the provisions of the Statutes, all examiners and moderators of examination questions shall be appointed by the Vice-Chancellor in consultation with the committee which shall consist of the following members: (i) The Dean of the concerned faculty, who shall be the Chairman of such committee; (ii) The Chairman of the concerned Board of Studies; (iii) One member of the concerned Board of Studies who shall be nominated by the Vice-Chancellor for that purpose. (2) If during the examination any examiner is for any reason unable to act as such, the Vice-Chancellor shall appoint an examiner to fill that vacancy.
39. Appointments to teaching posts
No person shall be appointed as:- (one) Professor, Reader or Lecturer, or (two) any other teaching post of the University paid by the University, recommendation of selection committee constituted in accordance with subsection (1) of section 41; Provided that aforesaid appointment is any of the teaching posts not expected to continue for more than six months and cannot be delayed without detriment to the interest of the Department or Institution maintained by the University the executive council may make such appointment without obtaining the recommendation of the committee of selection constituted under subsection (1) of section 41 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.
40. Selection Committee
(1) The members of the selection committee shall be- (one) Kulpati Chairman (two) Head of the department /centre of the University of the concerned subject, if he is professor, or Dean of the faculty where in the concerned subject there is no professor available and Head of the Department or where the selection of Professor has to be done; (three) one expert to be nominated by the Kuladhipati from a panel, submitted by Academic Council of three experts in the subject not connected with the University in any manner whatsoever, (four) three subject experts to be nominated by the Kuladhipati not connected with University in any manner, (2) Three members of the Selection Committee shall from quorum, (3) The committee shall investigate the merits of various candidates, and shall recommend to the executive council, the names, if any, of persons who consider suitable for the posts, arranged in order of merit, Provided that no recommendation shall be made unless, at least two experts nominated under clauses (three) and (four) of subsection (1) are present in the meeting in which such recommendation is to be decided upon. (4) Out of the names recommended under subsection (3) of the Executive Council shall appoint person in order of merit.
41. Salaries of Teachers
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.
42. State Government to assume financial control in certain circumstances
(1) If the State Government is satisfied that owing to maladministration or financial mismanagement in the University a situation has arisen whereby financial stability of the University has become insecure, it may by notification, declare that the finances of the University shall be 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 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 of the notification issued under sub-section (1) the executive authority of the State Government shall extend to the give directions to the said University to observe such cannons of financial propriety as may be specified in the direction and to give 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:- (one) a provision requiring the submission of the budget to the State Government for sanction. (two) a provision requiring the University to submit every proposal involving financial implications to the State Government for sanction; (three) a provision requiring the submission of every proposal for the revision of pay scale and rate of allowances of the officers, teachers, and other persons employed by the university to the State Government for the sanction, (four) a provision requiring the reduction of salaries and allowances of all or any class of persons employed by the University, a provision requiring the deduction in the number of posts of the officers, teachers and other persons employed by the University; (five) a provision requiring the lowering down of scales of pay and rate of allowances and a provision in regard to such other matters as may have the effect of reducing the financial strain on the University. Provided that the Kuladhipati may, if he considers it necessary so to do, appoint a committee consisting of an educationist, and administrative expert and a financial expert to assist Kulpati so appointed in exercise of such powers and performance of such duties. (5) Notwithstanding any thing 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 of Higher Education Department be recovered from such officer as an arrears of land revenue Provided that no action to recover the amount of loss as arrear of land revenue shall be taken until reasonable opportunity has been given to the person concerned to furnish explanation and such explanation has been considered by the State Government,
43. Power to remove difficulties on expiry of the period of the notification under section 43
(2) Every person who, immediately before the appointed date, is holding office as a member of the Executive Council or Academic Council, as the case may be, shall not continue to hold that office. (3) Until the Executive Council or Academic Council, as the case may be, is reconstituted in accordance with the provisions as modified, the Vice-Chancellor who has been appointed under the modified section 12 and 13 as the case may be, shall exercise the powers and perform the duties which are conferred or imposed on the Executive Council or Academic Council by or under this Act. Provided that the Kulpati, if he considers it necessary to do so, may appoint such a committee to assist the Vice-Chancellor so appointed in exercising such powers and performing such duties, which shall consist of an educationist, an administrative expert and a finance expert. (5) Before the expiry of the period of operation of the notification or immediately thereafter, the Vice-Chancellor shall take action to constitute the Executive Council and Academic Council in accordance with the modified provisions of the Act, and the Executive Council and Academic Council so constituted shall commence functioning from the date immediately following the date of expiry of the period of operation of the notification or from the date on which the concerned bodies are so constituted, whichever is later. Provided that if the Executive Council and Academic Council are not constituted before the expiry of the period of operation of the notification, the Vice-Chancellor shall, after such expiry, exercise the powers of each of these authorities subject to the prior approval of the State Government, until the Executive Council or the Academic Council, as the case may be, is so constituted. (1) If the State Government on receipt of a report or otherwise, is 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 Section 11, 22 and 25 shall as form the date specified in the notification (hereinafter in this Section referred to as the appointed date) apply to the University subject to the modification specified in the first scheduled appended to this Act. (2) The Notification issued under sub- section (1) 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 of 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 Kulpati under Sections 11 and 12 and Kulpati so appointed shall hold office during the period of operation of the notification. Provided that Kulpati may. notwithstanding the expiration of the period of operation of the notifications, 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:- (one) Kulpati, holding office immediately before the appointed date, shall notwithstanding that his term of office has not expired, vacate his office; (two) every person holding office as a member of the Executive or the Academic Council, as the case may be immediately before the appointed date shall cease to hold that office; (three) until the, executive Council or Academic Council, as the case may be is reconstituted in accordance with the provisions as modified, Kulpati appointed under Section `12 and 13 as modified, shall exercise the powers and perform the duties conferred or imposed by or under this Act, on 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 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, Kulpati shall take steps to constitute Executive Council and
44. Expiry of notification
On the expiry of the period of operation of the notification issued under section 43, the provisions of this Act as they have been modified in relation to the application thereof to the University mentioned in the notification, shall cease to operate and the other relevant provisions of this Act shall revive and shall apply to it. Provided that the expiry of the operation of the notification shall not— (a) affect the previous operation of any modified provisions or any order made thereunder or anything done or suffered to be done under those provisions or that order; (b) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the modified provisions or any order made thereunder; (c) affect any investigation or remedy in respect of any such right, privilege, obligation, or liability as aforesaid, and any such investigation or remedy may be instituted or continued as if the modified provisions had not ceased to operate.
45. 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 Statute, 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 bodies 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 1 – In this section the expression “ body” includes any committee constituted by under this Act. Explanation 2- In this section the expression “appointed” does not include appointments to the salaried posts of the University.
46. Constitution Of Committees
Where any authority of the University is given power by this Act, or Statute 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.
47. 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 may be conveniently, by the person or body who nominated, appointed, elected or co-opted the person whose place has become vacant, and the person so nominated, appointed, elected or co-opted to a casual vacancy shall be a member of such authority, committee or body for the residue of the term for which the person whose place he fills would have been a member.
48. Proceedings of University authorities and bodies not to be 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 therein or any defect in the constitution thereof; or (b) any defect in the election, nomination or appointment of a person acting as a member thereof; or (c) any irregularity in its procedure not affecting the merits of the case.
49. Service Conditions
(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. (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 Kulpati and an appeal against Kulpati’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- (one) Secretary, Higher Education (two) a person who is Kulpati or had been Kulpati of any University. (three) any secretary, or had been secretary of the State Government.
50. 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 in good faith under this Act or Statute, Ordinance or Regulation. No person in the University- (a) shall impart instruction unless such person possesses the qualifications laid down by Academic Council in that behalf, and (b) shall impart instruction except in such subject or subjects and up to the standard for which his qualifications have been approved by Academic Council
51. Resignation of member or officer of the University
(1) Any member of the Executive Council, Academic Council or any other University authority or committee, other than an ex-officio member, or a Dean of a Faculty may resign his office by letter addressed to the Registrar and the resignation shall take effect from the time when the letter is received by the Registrar. (2) Any officer of the University, other than a Dean of a Faculty, whether salaried or otherwise, may resign his office by letter addressed to the Registrar. Such resignation shall take effect from the date on which it is accepted by the authority competent to fill the vacancy.
52. Disqualification 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 contagious 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 there of to imprisonment. (2) If any question arises as to whether a person is or had been subject to any disqualification mentioned in subsection (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.
53. Power to Remove any member from authority or body
(1) The Kuladhipati may, on the request of the Executive Council remove the name of any person from membership of any authority or body of the University if : (one) he is guilty of gross misbehaviour; or (two) he acts prejudicial to the interests of the University: Provided that the Kuladhipati shall cause a preliminary enquiry to be made and if it is satisfied that a prima facie case exists, he shall serve on such a member of any authority or body, as the case may be, a charge sheet in writing, stating the misbehavior of the act prejudicial to the interest of the University, as the case may be. (2) After taking into consideration the reply to the chargesheet submitted to him by the member of the authority or body of the University, as the case may be, under subsection (1), the Kuladhipati may, if it considers that further action is necessary, entrust the enquiry to a tribunal consisting of a nominee of the State Government, a nominee of the Executive Council and a nominee of the delinquent member, as the case may be. (3) The tribunal shall, after giving the accused member, as the case may be, an opportunity of being heard and examining such evidence as may be necessary, recorde its finding and forward it to the Kuladhipati. (4) The Kuladhipati may, after considering the report of the tribunal pass such final orders as it deems fit. Provided that no order shall be passed unless the delinquent 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 subsection (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 given an opportunity of being heard to any member nominated by him before the removal of such member.
54. Execution of contracts
All contracts relating to the management and administration of the University shall be expressed to be made by the Executive Council and shall be executed by the Registrar.
55. [Omitted]
[Omitted]
56. [Omitted]
[Omitted]
57. Removal of difficulties
If any difficulty arises as to the first constitution or re-constitution 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 may, by order, do anything which appears to it necessary for the purpose of removing the difficulty. If any difficulty arises in the enforcement of this Act in regard with the first constitution of the authority or in reconstitution, or else to implement any subsection of this Act, then the State Government as expected on the occasion, for this purpose, by way of order shall act in away that it deems fit.
Schedule. Schedule
(See Section 43) 1. 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. (1) Subject to the control of the State Government the Executive body of the University and shall consist of the following persons namely: (1) Kulpati (Chairman); (2) Principal Secretary/Secretary Public Relations (Member); (3) Principal Secretary/Secretary Finance (Member); (4) Principal Secretary/Secretary Higher Education (Member); (5) One Dean of Faculty nominated by the Kuladhipati (Member); (6) Registrar (Secretary). (2) The terms of all members of the Executive Council shall be coextensive with the period of operation of the Notification issued under Section 43. (3) Three members of the Executive Council shall form a quorum. 3. (1) The Academic Council shall be constituted of the following members; Namely:- (1) Kulpati (Chairman); (2) Registrar (Secretary); (3) Two teachers of the University Teaching Departments nominated by the Kulpati (Member); (4) An Educationist nominated by the Kuladhipati (Member). (2) The term of all member of the Academic Council shall be co-extensive with the period of operation of the notification issued under section 43.
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