Indira Kala Sangit Vishwavidyalaya (Sanshodhan) Adhiniyam, 2002
Indira Kala Sangit Vishwavidyalaya (Sanshodhan) Adhiniyam, 2002
1. Short title and commencement
- (1) This Act may be called the Indira Kala Sangit Vishwavidyalaya (Sanshodhan) Adhiniyam, 2002 (No. 8 of 2002).
- (2) This Act shall come into force on such date as the State Government may, by notification, appoint in official Gazette.
2. Amendment of Section 3
In section 3 of the Indira Kala Sangit Vishwavidyalaya Adhiniyam, 1956 (No. XIX of 1956), (hereinafter may be called the Principal Act), the word "Kuladhipati", "Kulapati" and "Adhyacharya" shall be substituted respectively in place of the word "Kulapati", "UpKulapati" and "Adhyacharya" and the word "PratiKulapati" and "Koshadhyaksha" shall be omitted respectively.
3. Insertion of Section
Following section 3(A) shall be inserted after section 3 of the Principal Act, namely :-
- (1) The word "Kuladhipati", "Kulapati" and "Adhyacharya" shall be substituted respectively in place of the word "Kulapati", "UpKulapati" and "Adhyacharya" wherever they occur in the Principal Act.
- (2) The word "PratiKulapati" and "Koshadhyaksha" shall be omitted wherever they occur in the Principal Act.
4. Omission of Section 11
Section 11 of the Principal Act shall be omitted.
5. Omission of Section 16
Section 16 of the Principal Act shall be omitted.
6. Omission of Section 17
Section 17 of the Principal Act shall be omitted.
7. Insertion of Section
Inrcrtion of Section 17-A. - Terms of c1T1icc of rhc Kulapaii and vacancy,
Following section shall be inscned ailcr the sccrian 17 of the Principal Act. namely :-
(1) If at any rime upon representation made or olhenvise and afier making such enquiries as may be deemed necessary, i~ appears to the Kuladhipati thar [be Kulapati; (i) hasmade dcfau~~ in pcrrc'crming any duty irnp6sedon him, by or undcrltlis Act: or (ii) has actcd in a manner prejudicial !o rhe inlcrests nf rtir u~iiversiry: nr (iii) is incilpable ol' ;~lan:~ging rhc ;dFrlis of rl~e universi~y rile Kulatll~ipa~i uiaiy. i~utwill~star~ding ihr firct 1lla1 rlic tzrlnsof the ol~licc of lhr: Kulapa~i has no! cspircd, by an ordzr in wriri~~g sratine thc rea1.1ns rhcrcjn. rccluirc tl;~ Iiulapnri ro relinqi~ish hi~al'fice as Cro~nsucli dnrc :I% !nny hc ~pctilicll l!l tI1c :j>.:cr.
Provided (liar thc Kulapari may. norwitllsianding the expiralion of [he period of opration uT the notification, conrinuc lo I~old ofticc diereafter until his successor zntcrs upfi~: oliic~ but this jxrlud slli:ll not c>.;.::-d onc year
As From the appointed dale, the followjng consequences shall ensue; namcly :- (i) this Act shall have effect subjcc~ ro rhe nolilicd order of thc Statc Govcmment.: (ii) the Kulapati, hoJding orfice irnmedia [el y bcfare the appoinred dale, shall nor withslanding tha~ Ills lerrns of onicc no1 expired, vacate his oTTxe; (iii) cvery pcrson holding offive as a menher of thc Sabha. the Karyakarini Sa~ni~i or he Shihha Saniti, as ihe case may bc, immedialc ly before r he appointed date shall cease 10 hold tha~ ol'licc: (iv) u11ti1 the Sahha, Karyakarini Siuni~i or Sllikslla Sarrliti, as thc case may be, rcconslitulcd, the Kulapali appointed under Scdiun 54
- (3) shall excr- cisc rhe Powers and PerForm d)e duties conicmd or jlnposed by or under. this Act. on the Vishwavidyalaya Sahha. Karyakarini Samili ocshiksha Sami~i; Provided ha1 die Kulad hipari-may , if considers il necessaFy so ro d~, appojnt a ~ornkittcc Consisting oinn cducalionist, an administradvc expen and' a financial expcn lo assist the Kulapali so appointed in exercise of such powers and pcrformance or such duilcs. (5) Bciorc the expirarion of the pcriod or operation of the nodficatian or immcdialcly as early as pnclicable, thcrcgficr, {he Kulapati shall takc stcps to cbnstitu~e [he Vishwavidynlnya Sabha, Karyakarini Sarnili and Shiksha Samiti accordance wih lhc provisions-of Lhc. Act. as unmodified and llie Vishwavidyalaya Sabha, Kmyaknrini Sanlili and Shiksha Sumi ti m so consilulzd shall hegin to iuncrion on thc dale immedia~cIy foIlowing the dale olcxpiry if [he of operalion of thc nodEca!ion of the dale on which lhc rcspc szctivc bdies arc so conslituted which- ever is later; Provided that illhe Sabha, Karyakarini SamiB and Shiksha Samiti are not consti- tuled before !he expiralion of Ihc period of operation oFrhe notification, thc .. Kulapali shall on such expiration cxcrcisc the powers of mch of hese authorilics subject to prior approval ofthe Kuladhipali till the Sabha, Gryakarini Samid or
8. Shiksha Samiri as the case may bc, is so consrituted.
Amendment of Section 21 Section 21 of the Principal Adhiniyam shall be omitted.
9. Insertion of Section 54
Following section shall be inserted after the section 17 of the Principal Act, namely :-
54. Power of State Government to apply Act in modified form with a view to provide for better administration of university in certain circumstances.
- (1) If at any time upon representation made or otherwise and after making such enquiries as may be deemed necessary, it appears to the Kuladhipati that the Kulapati:
- (i) has made default in performing any duty imposed on him, by or under this Act: or
- (ii) has acted in a manner prejudicial to the interests of the university: or
- (iii) is incapable of managing the affairs of the university, the Kuladhipati may, notwithstanding the fact that the terms of the office of the Kulapati has not expired, by an order in writing stating the reasons therein, require the Kulapati to relinquish his office as on such date as may be specified in the order: Provided that the Kulapati may, notwithstanding the expiration of the period of operation of the notification, continue to hold office thereafter until his successor enters upon office but this period shall not exceed one year.
- (2) As from the appointed date, the following consequences shall ensue; namely :-
- (i) this Act shall have effect subject to the notified order of the State Government;
- (ii) the Kulapati, holding office immediately before the appointed date, shall notwithstanding that his terms of office not expired, vacate his office;
- (iii) every person holding office as a member of the Sabha, the Karyakarini Samiti or the Shiksha Samiti, as the case may be, immediately before the appointed date shall cease to hold that office;
- (iv) until the Sabha, Karyakarini Samiti or Shiksha Samiti, as the case may be, reconstituted, the Kulapati appointed under Section 54
- (3) shall exercise the Powers and Perform the duties conferred or imposed by or under this Act, on the Vishwavidyalaya Sabha, Karyakarini Samiti or Shiksha Samiti; Provided that the Kuladhipati may, if considers it necessary so to do, appoint a committee consisting of an educationist, an administrative expert and a financial expert to assist the Kulapati so appointed in exercise of such powers and performance of such duties.
- (5) Before the expiration of the period of operation of the notification or immediately as early as practicable, thereafter, the Kulapati shall take steps to constitute the Vishwavidyalaya Sabha, Karyakarini Samiti and Shiksha Samiti accordance with the provisions of the Act, as unmodified and the Vishwavidyalaya Sabha, Karyakarini Samiti and Shiksha Samiti so constituted shall begin to function on the date immediately following the date of expiry of the operation of the notification or the date on which the respective bodies are so constituted whichever is later; Provided that if the Sabha, Karyakarini Samiti and Shiksha Samiti are not constituted before the expiration of the period of operation of the notification, the Kulapati shall on such expiration exercise the powers of each of these authorities subject to prior approval of the Kuladhipati till the Sabha, Karyakarini Samiti or Shiksha Samiti as the case may be, is so constituted. 10. Insertion of Section 55 Following section shall be inserted after the new inserted section 54 of the Principal Act; namely :-
55. Expiration of the period of operation of notification under section 54.
On expiration of the period of operation of the notification issued under section 54, the provisions of this Act, as modified in application to the university mentioned in the notification shall cease to operate in respect thereof and the other relevant provisions of this Act shall revive and continue to apply thereto; Provided that the expiration of the operation of the notification shall not affect:
- (a) Previous operation of, or any thing done or suffered under the provisions so modified in any order made thereunder: or
- (b) any right, privilege, obligation or liability acquired, accrued or incurred under the provisions as modified or any order made thereunder: or
- (c) any investigation or remedy in respect of any such right, privilege, obligation or liability as aforesaid, and such investigation or remedy may be instituted, enforced as if the modified provisions had not ceased to apply.
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