The Kavi Kulaguru Kalidas Sanskrit Vishvavidyalaya (University) Act, 1997
Chapter II THE UNIVERSITY
Education199793 sections13 chapters
Chapter II THE UNIVERSITY
3. Incorporation of University.
Statutory text
- (1) The Kuladhipati (Chancellor), the Kulaguru (Vice-Chancellor), the members of the Vyavasthapana Parishad (Management Council) the members of the Vidvat Parishad (Academic Council), for the time being holding office as such and all persons who may hereafter be appointed or elected as such officers or as members are hereby constituted and declared to be a body corporate by the name of the Kavi Kulaguru Kalidas Sanskrit Vishvavidyalaya (University) and shall have perpetual succession and a common seal and may by that name sue and be sued.
- (2) The headquarter of the university shall be at Ramtek, District Nagpur.
- (3) The university shall be competent to acquire and hold property, both movable and immovable, to lease, sell or otherwise transfer or dispose of any movable or immovable property, which may vest in or be acquired by it for the purposes of the university, and to contract and do all other things necessary for the purposes of this Act: Provided that, no such lease, sale or transfer of any immovable property shall be made without the valuation made thereof by the approved valuer appointed by the university and without the prior consent of the State Government.
Chapter II THE UNIVERSITY
4. Jurisdiction and admission to privileges of university.
Statutory text
- (1) The territorial limits, within which the powers conferred upon the University by this Act shall be exercised, shall comprise the State of Maharashtra: Provided that, the university may, subject to such conditions and restrictions as it and the State Government may think fit to impose, admit any college, institution or research centre established beyond the territorial limits within or without India, to the privileges of the university, with the approval of the State Government and wherever necessary, the Central Government: Provided further that if a university, the jurisdiction of which is not restricted to any State or area, wishes to establish a centre or other unit of research in the university area, it may do so with the sanction of the university and the State Government.
- (2) Save as otherwise provided by or under this Act, any privilege enjoyed by any educational institution within the area of another university in the State before the date on which this Act comes into force, shall not be withdrawn, without the permission of the State Government.
- (3) The university may, in the interest of learning in Sanskrit, start or conduct a college or research institution or a pathashala in any territory outside the State of Maharashtra, with the approval of the Government concerned.
- (4) No educational institution affiliated to or recognised by the university shall be associated in any way with, or seek admission to any privileges of, any other university established by law, except with the permission of the university and the State Government.
Chapter II THE UNIVERSITY
5. University open to all.
Statutory text
- (1) No citizen of India shall be excluded from any office of the university or from membership of any of its authorities, bodies or committees, or from appointment to any post, or from admission to any degree, diploma, certificate or other academic distinction or course of study on the ground only of sex, race, creed, class, caste, place of birth, religious belief or profession, or political or other opinion: Provided that, the university may maintain, accredit or recognise any college or institution exclusively for women, or reserved for women.
- (2) The university shall adopt Government policy and orders issued, from time to time, in regard to the reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes for appointment of different posts of teachers and non-teaching officers and employees and for the purpose of admission of students in the affiliated or conducted colleges, university departments, university institutions, or recognised institutions, or schools and pathashala.
- (3) The university shall adopt the general policy by the State Government in regard to the welfare of various categories of weaker sections of the society and minorities as directed by the State Government from time to time.
Chapter II THE UNIVERSITY
6. Objects of University.
Statutory text
The objects of the Sanskrit Vishwavidyalaya (University) shall be—
- (1) to rejuvenate, cherish and disseminate the universal values, knowledge, wisdom and vision presented in Sanskrit language and literature and establish a progressive synthesis between ancient Indian wisdom and modern scientific thought in harmony with the needs of today and tomorrow;
- (2) to develop and promote a system of education which aims at refining human sensitivities and perceptions that contribute to national cohesion a scientific temper and independence of mind and spirit with special emphasis on—
- (a) sublime relationship between the teacher and the taught (Guru-Shishya Parampura— the noble Indian tradition indicative of a sense of deep gratitude and reverence towards Acharyas who conferred the bliss of fulfilment on their disciples in pursuit of learning, in quest of Truth);
- (b) innovative methods of studies and experimentation in which true spirit of curiosity search for knowledge (Jighyasha) and self-discipline (Svayam-Shasana) are fundamental components; and
- (c) development of faculties, not only of empirical and rational views but also of higher levels of consciousness that unifies the two;
- (3) to encourage and promote innovation, research and discovery in all fields of Sanskrit learning which aims at linking the past with the present and enables the nation to meet the challenges of the future;
- (4) to develop as a Light House to imbibe the integrated (holistic) vision of life through interdisciplinary approach; and impart this vision to the teachers community and key-persons working in other fields for reawakening and regeneration of India;
- (5) to prepare bands of Acharyas imbibed with wisdom and vision of the Veda who are equally well conversant with Shad-darshnas, Western philosophy and modern ‘science culture’ to champion the cause of India’s Mission in the world;
- (6) to create and develop facilities for the comparative study of religion, philosophy and sciences in the Vedic, Buddhist, Jain and Avestan literature;
- (7) to prepare and conduct special courses to integrate the Ayurveda with modern medicine, the Vastu Shastra with modern architecture, the Arthashastra with modern economic and political science, the Vyakrana with modern philology and linguistics, and so on;
- (8) to introduce and conduct a foundation course in Sanskrit for those who are desirous of learning Sanskrit; and design special courses like ‘Communicative Sanskrit’, ‘Wit and wisdom in Sanskrit’, ‘Sweetness and Light in Sanskrit’, ‘Arts and Architecture in Sanskrit’, ‘the Vedic vision’, ‘the Ayurveda and health awareness’, ‘Sanskrit as a computer language’ etc. for popularising Sanskrit language and literature;
- (9) to provide facilities for advanced studies and Research in Pali, Prakrit, Ardhamagadhi and other Indian classical languages; and also other classical languages like Greek, Latin, Avestan, Old Persian, etc., and foreign languages like English, French, German, Russian, Chinese, Japanese, Tibetan, etc. and encourage comparative study of these languages along with Sanskrit;
- (10) to promote better interaction and co-ordination among Sanskrit Pathashalas to make the study of traditional type of Sanskrit teaching-learning more purposeful, and to effect a fusion between traditional and modern systems of Sanskrit education;
- (11) to prepare and publish learning-teaching materials (including audio-visual materials) relevant to the studies;
- (12) to undertake projects, organise all such other activities and programmes as may be necessary for the attainment of all or any of the objectives of the university.
Chapter II THE UNIVERSITY
7. Powers and duties of university.
Statutory text
The university shall have the following powers and perform the following duties, namely:
- (1) to provide for instruction, teaching and training in such branches of learning and courses of study as the university may, from time to time, determine;
- (2) to make provision for research and for the advancement and dissemination of knowledge, and generally to cultivate and promote the studies in Sanskrit and other branches of learning and culture and their inter disciplinary areas;
- (3) to make provision to enable the conducted and affiliated colleges and recognised institutions to undertake specialised studies;
- (4) to organise, maintain and manage university departments, laboratories, libraries, museums and equipments for teaching and research;
- (5) to establish, maintain and manage departments and institutions of research, of specialised studies or of academic services unit;
- (6) to establish, maintain and manage colleges, institutions, hostels, health centres, auditoria and gymnasiums;
- (7) to provide for establishment on the university campus, of autonomous institutions like inter-university centres, research laboratories, modern instrumentation centres and centres of learning, set up by the University Grants Commission, Central Government or State Government, which may be used by a university or college or group of universities or colleges: Provided that, in the case of any industry or any non-Government organisations availing themselves of such facility of a university or such organisations providing the facility to a university, prior approval of the State Government shall be obtained by the university;
- (8) to provide for establishment of sub-campuses for serving a group of affiliated colleges, and also to provide for and maintain common resources centres in such sub-campuses in the form of libraries, laboratories, computer centres, and such other like centres of learning;
- (9) to create posts of sanchalakas, principals, professors, readers, lectures and other teaching or non-vacation academic posts with appropriate designations required by the university and to prescribe their qualifications and make appointments thereto;
- (10) to appoint or recognise persons as adjunct professors, adjunct readers, adjunct lecturers, visiting professors, visiting fellows of the university for specified periods;
- (11) to create non-teaching skilled, administrative, organisational, ministerial and other posts and prescribe their qualifications and pay scales and to make appointments thereto;
- (12) to facilitate mobility of teachers within the university and to other universities with the consent of the teacher concerned;
- (13) to prescribe the courses of instruction and studies for the various examinations leading to specific degrees and diplomas or certificates;
- (14) to make provision, wherever feasible, in the university departments, affiliated colleges, institutions, recognised institutions, and schools, for survey and collection of statistics, data and other particulars relevant to various developmental activities including State and National plans, evaluation of the developmental schemes with the participation of the students as a part of their curricular activities;
- (15) to supervise, control and regulate admission of students for various courses of study in university departments, conducted and affiliated colleges, institutions, schools and recognised institutions ;
- (16) to guide teaching in colleges by deputation of teachers from a pool of teachers of the university and supplement teaching in affiliated colleges, schools and Pathashalas for improving their standards ;
- (17) to institute degrees, diplomas, certificates and other academic distinctions on the basis of examinations or by other tests or otherwise;
- (18) to hold examinations and confer degree and post-graduate degrees and award diplomas and certificates and other academic distinctions on persons as prescribed;
- (19) to hold examinations, confer degrees, diplomas and certificates to, and provide for lectures, instruction and training for external students, and the students under correspondence and distance education, open university and continuing education courses;
- (20) to confer honorary degrees or other academic distinctions as prescribed;
- (21) to lay down the conditions of affiliation of colleges and recognition of institutions taking into account the credibility of the management and the norms of academic performance of colleges, faculties and subjects, as may be laid down, from time to time, and satisfy itself by periodical assessment;
- (22) to admit to the privileges of the university, affiliated colleges, institutions, and Pathashalas not maintained by the university and withdraw all or any of those privileges, and recognise hostels not maintained by the university and withdraw such recognition, temporarily or permanently;
- (23) to monitor and evaluate the academic performance of affiliated colleges, recognised institutions, schools, and pathashalas for affiliation and periodical accreditation;
- (24) to inspect, wherever necessary, affiliated colleges, recognised institutions, and pathashalas through suitable machinery established for the purpose, and take measures to ensure that proper standards of instruction, teaching and training are maintained by them, and adequate library, laboratory, workshop and other academic facilities are provided for;
- (25) to hold and manage trusts and endowments, and institute and award fellowships, travelling fellowships, scholarships, studentship, medals and prizes for teachers and students of the University colleges, schools and pathashalas ;
- (26) to fix, demand and receive or recover such fees and other charges as prescribed ;
- (27) to supervise, control and regulate the conduct and discipline of the students of the university, affiliated colleges, institutions, recognised institutions, schools, Pathashalas and hostels;
- (28) to provide for mobility of students from formal to non-formal stream and vice-versa ;
- (29) to provide facilities for revision or in service courses for teachers of the university, colleges, schools, pathashalas and institutions;
- (30) to make arrangements for promoting welfare of the employees of the university;
- (31) to co-ordinate and regulate teaching and research in the affiliated colleges, schools, pathashalas and recognised institutions;
- (32) to provide for periodical assessment of the performance of teachers and nonteaching employees of the colleges, schools, pathashalas, institutions and university as prescribed;
- (33) to regulate and provide for attendance of the teachers on the premises of the university, colleges, institutions, schools and pathashalas during teaching hours and beyond teaching hours, as prescribed and to prohibit teachers from taking or conducting private tuition or private coaching classes;
- (34) to provide for conduct and discipline rules for teaching and non-teaching staff and the enforcement thereof;
- (35) to prescribe code of conduct for managements;
- (36) to establish, maintain and manage, wherever necessary, -
- (a) a printing and publication department;
- (b) university extension boards;
- (c) information bureaus;
- (d) such other activities as may be necessary and possible to fulfil the objectives of the university;
- (37) to co-operate or collaborate with any other university, institution, authority or organisation for research and advisory services and for such purposes, to enter into appropriate arrangement with other universities, institutions, authorities, or organisations to conduct certain courses as the situation may demand;
- (38) to rescind affiliation granted to colleges;
- (39) to borrow funds for the purposes of the university on the security of the property of the university, with the prior permission of the State Government;
- (40) to explore the possibilities of augmenting the resources of the university by exploring innovating activities such as research and development, consultancy, training programmes and providing services for different clients from and collaboration with industry, trade or any other non-government organisations;
- (41) to recommend to the State Government to take over, in the public interest, the management of an affiliated college, institution, school or pathashala in case where irregularities or commissions or omissions of criminal nature by the management of such college, institution, school or pathashala are prima-facie evident to the committee of enquiry appointed by the university;
- (42) to undertake academic collaboration programmes with universities and institutions abroad, with the prior approval of the State Government ;
- (43) to receive funds for collaboration programmes from foreign agencies subject to rules and regulations of the Central Government and State Government in that behalf ;
- (44) to lay down for teachers and university teachers, service conditions including code of conduct, workload, norms of performance appraisal, and such other instructions or directions as, in the opinion of the university, may be necessary in academic matters;
- (45) to undertake development programmes, in higher education, research, consultancy based projects and training programmes for outside agencies, by charging fees, so as to generate resources;
- (46) to undertake production and publication of textbooks;
- (47) to undertake production and publication of anthologies, reference books and learned research work;
- (48) to do all such other acts and things as may be necessary for, or incidental or conducive to, the attainment of all or any of its objects;
- (49) to comply with and carry out any directives issued by the State Government from time to time, with reference to above powers, duties and responsibilities of the university.
Chapter II THE UNIVERSITY
8. Control of State Government.
Statutory text
- (1) Without prior approval of the State Government, the university shall not,-
- (a) create new posts of teachers, officers or other employees;
- (b) revise the pay, allowances, post-retirement benefits and other benefits of its teachers, officers and other employees;
- (c) grant any special pay, allowance or other extra remuneration of any description whatsoever, including ex-gratia payment or other benefits having financial implications, to any of its teachers, officers or other employees;
- (d) divert any earmarked funds received from the State Government for any purpose other than that for which it was received;
- (e) transfer by sale or lease immovable property;
- (f) incur expenditure on any development work from the funds received from the State Government or University Grants Commission or any person or body for the purposes other than the purposes for which the funds are received;
- (g) take any decision regarding affiliated colleges resulting in increased financial liability, direct or indirect, for the State Government.
- (2) The university shall be competent to incur expenditure from the funds received from,-
- (a) various funding agencies without any share or contribution from the State Government;
- (b) fees for academic programmes stated on self-supporting basis;
- (c) contributions received from the individuals, industries, institutions, organisations or any person whosoever, to further the objectives of the university;
- (d) contributions or fees for academic or other services offered by the university ;
- (e) development fund, if any, established by the university; for the purpose of-
- (i) creation of posts in various categories for specific period;
- (ii) granting pay, allowances and other benefits to the posts created through its own funds provided those posts are not held by such persons, who are holding the posts for which Government contribution is received;
- (iii) starting any academic programme on self-supporting basis;
- (iv) incurring expenditure on any development work, without referring the matter for approval of the State Government : Provided there is no financial liability, direct or indirect, immediate or future on the State Government.
- (3) The State Government may in accordance with the provisions contained in this Act, for the purpose of securing and maintaining uniform standards, by notification in the Official Gazette, prescribe a Standard Code providing for the classification, manner and mode of selection and appointment, absorption of teachers and employees rendered surplus, reservation of posts in favour of members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes, duties, workload, pay, allowances, post-retirement benefits, other benefits, conduct and disciplinary matters and other conditions of service of the officers, teachers and other employees of the university and the teachers and other employees in the affiliated colleges and recognised institutions (other than those managed and maintained by the State Government, Central Government and the local authorities). When such Code is prescribed, the provisions made in the Code shall prevail, and the provisions made in the Statutes, Ordinances, Regulations and Rules made under this Act, for matters included in the Code shall, to the extent to which they are inconsistent with the provisions of the Code, be invalid.
- (4) In case of failure of the university to exercise powers or perform duties specified in section 7 or where the university has not exercised such powers or performed such duties adequately, or where there has been a failure to comply with any order issued by the State Government, the State Government may, on making such enquiry as it may deem fit, issue a directive to the university for proper exercise of such powers or performance of such duties or comply with the order; and it shall be the duty of the university to comply with such direction.
- (5) The State Government may carry out test audit or full audit of the accounts of the university, college, school or institution regularly at such intervals as the State Government may deem fit.
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