The Kavi Kulaguru Kalidas Sanskrit Vishvavidyalaya (University) Act, 1997
Chapter IX PERMISSION, AFFILIATION AND RECOGNITION
Chapter IX PERMISSION, AFFILIATION AND RECOGNITION
61. Conditions for affiliation and recognition.
- (1) The management applying for affiliation or recognition, and management whose college or institution, or pathashala has been granted affiliation or recognition, shall give and comply with the following undertaking,-
- (a) that the provisions of the Act and Statutes, Ordinances and Regulations thereunder and the Standing Orders and directions of the university shall be observed;
- (b) that there shall be a separate Local Managing Committee provided for an affiliated college as provided by section 65;
- (c) that the number of students admitted for courses of study shall not exceed the limits prescribed by the university and the State Government from time to time;
- (d) that there shall be suitable and adequate physical facilities such as buildings, laboratories, libraries, books, equipment required for teaching and research, hostels, gymnasium, as may be prescribed;
- (e) that the financial resources of the college or institution or pathashala shall be such as to make due provision for its continued maintenance and working;
- (f) that the strength and qualifications of teaching and non-teaching staff of the affiliated colleges and recognised institutions or pathashalas and the emoluments and the terms and conditions of service of the staff of affiliated colleges shall be such as prescribed by the university and which shall be sufficient to make due provision for courses of study, teaching or training or research efficiently;
- (g) that the services of all teaching and non-teaching employees and the facilities of the college to be affiliated shall be made available for conducting examinations and for promoting other activities of the university;
- (h) that the directions and orders issued by the Kuladhipati, Kulaguru and other officers of the university in exercise of the powers conferred on them under the provisions of the Act, Statutes, Ordinances and Regulations shall be complied with;
- (i) that there shall be no change or transfer of the management without previous permission of the university;
- (j) that the college institution or pathashala shall not be closed without previous permission of the university;
- (k) that in the event of disaffiliation or derecognition or closure of the college or institution under section 71 all the assets of the college, institution or pathashala including building and equipment which have been constructed or created out of the amount paid as grant-in-aid by the State Government or the University Grants Commission shall vest in the State Government.
Chapter IX PERMISSION, AFFILIATION AND RECOGNITION
62. Procedure for permission.
- (1) The university shall prepare a perspective plan for educational development for the location of institutions of higher learning in a manner ensuring equitable distribution of facilities for Higher Education having due regard, in particular, to the needs of unserved and under developed areas within the jurisdiction of the university. Such plan shall be prepared by the Niyojana Vikas Mandala and shall be placed before the Vidvat-Parishad and shall be updated every five years.
- (2) No application for opening a new college or institution of higher learning, which is not in conformity with such plan, shall be considered by the university.
- (3) The managements seeking permission to open a new college or institution of higher learning shall apply in the prescribed form to the Kulasachiva of the university before the last day of October of the year preceding the year from which the permission is sought.
- (4) All such applications received within the aforesaid prescribed time-limit, shall be scrutinised by the Niyojana Vikas Mandala and be forwarded to the State Government on or before the last day of December of the year, with such recommendations, duly supported by relevant reasons, as are deemed appropriate by the Niyojana Vikas Mandala.
- (5) Out of the applications recommended by the university, the State Government may grant permission to such colleges or institutions, as it may consider right and proper in its absolute discretion, taking into account the State Government’s budgetary resources, the suitability of the managements seeking permission to open new colleges or institutions and the State level priorities with regard to location of institutions of higher learning: Provided, however, that in exceptional cases and for the reasons to be recorded in writing any application not recommended by the university may be approved by the State Government for starting a new college or institution of higher learning.
- (6) No application shall be entertained directly by the State Government for the grant of permission for opening new college or institutions of higher learning.
Chapter IX PERMISSION, AFFILIATION AND RECOGNITION
63. Procedure for affiliation.
- (1) On receipt of the permission from the State Government under section 62, the Vidvat-Parishad of the university shall consider grant of first time affiliation to the new college by following the prescribed procedure given in sub-section (2) and after taking into account whether and the extent to which the stipulated conditions have been fulfilled by the college. The decision of the Vidvat-Parishad in this regard shall be final.
- (2) For the purpose of considering the application for the grant of affiliation the Vidvat-Parishad shall cause an inquiry by a committee constituted for the purpose by it.
- (3) The Vidvat-Parishad shall decide,-
- (a) whether affiliation should be granted or rejected;
- (b) whether affiliation should be granted in whole or part;
- (c) subjects, courses of study, the number of students to be admitted;
- (d) conditions, if any, which may be stipulated while granting or for granting the affiliation.
- (4) The Kulasachiva shall communicate the decision of the Vidvat-Parishad to the Management with a copy to the Director of Higher Education, and if the application for affiliation is granted, alongwith an intimation regarding:-
- (a) the subjects and the courses of study approved for affiliation;
- (b) the number of students to be admitted;
- (c) the conditions, if any, subject to the fulfilment of which the approval is granted.
- (5) The procedure referred to in section 62 shall apply, mutatis mutandis, for the permission to open new courses, additional faculties, new subjects and additional divisions.
- (6) No student shall be admitted by the college unless the first time affiliation has been granted by the university to the college.
- (7) The procedure referred to in sub-sections (1) to (4) shall apply mutatis mutandis, for the consideration of, continuation of affiliation, from time to time.
Chapter IX PERMISSION, AFFILIATION AND RECOGNITION
64. Procedure of recognition of institutions and pathashala.
- (1) The management of an institution actively conducting research or specialised studies for a period of not less than five years, and seeking recognition shall apply to the Kulasachiva of the university, with full information regarding the following matters, namely:-
- (a) the constitution and personnel of the management;
- (b) the subjects and courses of study for which recognition is sought;
- (c) the accommodation, equipment and the number of students for whom provision has been made;
- (d) the staff, permanent, visiting and honorary, of the institution, recognised for guiding research or recognisable for the purpose by the university; their experience, evidence of research work carried out at the institution, publications, reports, monographs, books published by the institution;
- (e) the fees levied, or proposed to be levied, and the provisions made for capital expenditure on buildings, equipment and for the continued maintenance and efficient working of the institution.
- (2) Before considering such an application, the Niyojana Vikasa Mandala may call for any further information which it thinks necessary.
- (3) If the Niyojana Vikasa Mandala decides to consider the application, it may direct a local inquiry to be made by the competent person or persons having specialised knowledge in the subject or field concerned. After considering the report of such inquiry, and making such further inquiry, as it may think necessary, the Niyojana Vikasa Mandala shall submit to the Vidvat-Parishad the proposal to grant or reject the application, in part or in whole.
- (4) The Vidvat-Parishad shall after considering the proposal submitted by the said Mandala, may, either grant or reject it. The decision of the Vidvat-Parishad in the matter shall be final and binding.
- (5) Procedure for the recognition of Pathashalas shall be as follows, namely:- The management of a Pathashalas actively engaged in teaching Sanskrit, for a period of not less than two years, and seeking recognition shall apply to the Kulasachiva of the university with full information regarding the following matters, namely:-
- (a) the institution and personnel of the management;
- (b) the subject and courses of study for which the recognition is sought;
- (c) the accommodation, equipments and the number of students for whom provision has been made;
- (d) the staff permanent, visiting and honorary, with their qualifications and other relevant details regarding publication, etc.;
- (e) the fees levied or proposed to be levied and the provisions made for capital expenditure on buildings, equipments and for the continued maintenance of the pathashala;
- (f) before considering such an application the Niyojana Vikasa Mandala may call for any further information which it thinks necessary;
- (g) if the Niyojana Vikasa Mandala decides to consider the application it may appoint a local committee to examine the proposal carefully. After considering the report of the committee the Niyojana Vikasa Mandala shall forward its recommendations to the Vidvat-Parishad to grant or reject the application in part or in whole;
- (h) the Vidvat Parishad shall after considering the proposal submitted by the Niyojana Vikasa Mandala may either grant or reject it and inform the Vyavasthapana Parishad accordingly.
Chapter IX PERMISSION, AFFILIATION AND RECOGNITION
65. Local managing or advisory committee of an affiliated college, institution.
- (1) There shall be a separate local managing committee for every affiliated college or institution, consisting of the following members, namely :-
- (a) President or Chairman of the management-Chairman;
- (b) Secretary of the management or his nominee;
- (c) three local members representing different fields of the area nominated by the management;
- (d) three teachers, of the college or institution as per seniority by rotation;
- (e) one non-teaching employee, other than Class IV as per seniority by rotation from amongst elected by the non-teaching employees of the college or institution;
- (f) Principal-Sadasya-Sachiva.
- (2) For a college or institution managed and maintained by the Government or local authority, the local advisory committee shall consist of the following members, namely :-
- (i) Joint Director or Deputy Director nominated by the Director of Higher Education;
- (ii) three persons representing different fields or activities, nominated by the Director of Higher Education;
- (iii) three teachers, nominated by the teachers of the college or institution;
- (iv) one representative of non-teaching employee of the college or institution other than Class IV employees;
- (v) Principal-Sadasya-Sachiva.
- (3) The local managing or advisory committee shall meet at least twice a year.
- (4) The members elected or nominated shall have a term of three years.
- (5) The powers and duties of the local managing or advisory committee shall be to,-
- (a) prepare the budget and financial statements;
- (b) recommend to the management the creation of the teaching and other posts ;
- (c) determine the programme of instruction and internal evaluation and to discuss the progress of studies in the college;
- (d) make recommendations to the management for the improvement of the standard of teaching in the college;
- (e) formulate proposals of new expenditure not provided for in the college budget;
- (f) advise the principal regarding the intake capacity of various classes, preparation of timetables, distribution of the available teaching work-load and such other matters relating to the internal management of the college and discipline of the college students as may be referred to it by the principal, from time to time;
- (g) consider and make recommendations on the inspection report, if any;
- (h) consider and make recommendations on the report of the local inquiry committee, if any;
- (i) prepare the annual report on the work done by committee for the year ending on the 30th June and submit the same to the management, the Vyavasthapana Parishad, of the university and to the Sanchalaka;
- (j) perform such other duties and exercise such other powers as may be entrusted by the management and the university.
Chapter IX PERMISSION, AFFILIATION AND RECOGNITION
66. Continuation of affiliation or recognition.
The affiliated college, recognised institution or pathashala may apply for continuation of affiliation or recognition for the courses of study for which affiliation or recognition was granted ordinarily six months prior to the date of expiry of such affiliation or recognition. The university shall follow the procedure prescribed in the Statutes so far as applicable for grant of continuation.
Chapter IX PERMISSION, AFFILIATION AND RECOGNITION
67. Extension of affiliation or recognition.
The affiliated college or recognised institution or pathashala may apply for affiliation or recognition for additional courses of study. The university shall follow the procedure as prescribed in sections 61, 63 and 64 as may be applicable.
Chapter IX PERMISSION, AFFILIATION AND RECOGNITION
68. Permanent affiliation and recognition.
The affiliated college or recognised institution or pathashala with at least six years standing as an affiliated or recognised institution or pathashala may apply for permanent affiliation or recognition. The Niyojana Vikasa Mandala shall consider and scrutinise the application and make recommendation to the Vidvat-Parishad. If the Vidvat-Parishad is satisfied that the affiliated college or recognised institution or Pathashala has fulfilled all the conditions of affiliation or recognition satisfactorily and has attained high academic and administrative standards as prescribed by the university, from time to time, the Vidvat-Parishad shall grant permanent affiliation or recognition to the college or institution or pathashala, as the case may be.
Chapter IX PERMISSION, AFFILIATION AND RECOGNITION
69. Inspection of colleges and recognised institutions and pathashalas.
- (1) Every affiliated college and recognised institution and pathashala shall furnish such reports, returns and other particulars as the university may require for enabling it to judge the academic standards and standards of academic administration of the college or recognised institution.
- (2) The Kulaguru shall cause every university department or institution, affiliated college, recognised institution or pathashala to be inspected, at least once in every three years, by one or more Samitis appointed by him in that behalf which shall consist of the following members, namely:-
- (a) the Sanchalaka, Niyojana Vikasa Mandala or an Adhishthata nominated by the Kulaguru-Adhyaksha;
- (b) one expert, not connected with the university, nominated by the Vidvat-Parishad;
- (c) one expert, to be nominated by the Vyavasthapana Parishad: Provided that, no such member shall be connected with the management of the college, the institution or pathashala concerned.
- (3) The Samiti shall submit its report to the Kulaguru for his consideration and for further action as may be necessary under sub-section (14) of section 14.
Chapter IX PERMISSION, AFFILIATION AND RECOGNITION
70. Withdrawal of affiliation of recognition.
- (1) If an affiliated college or recognised institution or pathashala fails to comply with the conditions of affiliation or recognition as provided in section 61 or to allow the local managing or advisory committee as provided in section 65 to function properly or to take action as per direction issued under the Act or if it is conducting the college or recognised institution in a manner prejudicial to the interest of the university or the standards laid down by it, the Niyojana Vikasa Mandala may issue a notice to the management to show cause as to why the privileges conferred on the college or recognised institution or pathashala by affiliation or recognition should not be withdrawn in part or in whole or modified.
- (2) The Niyojana Vikasa Mandala shall mention the grounds on which it proposes to take the above mentioned action and shall send a copy of the notice to the principal of the college, or head of recognised institution or pathashala. It shall also specify in the notice, the period being a period which shall not be less than thirty days within which the management should file its written statement in reply to the notice.
- (3) On receipt of such written statement or on expiry of the period specified in the notice issued under sub-section (1), the Niyojana Vikasa Mandala shall place before the Vidvat-Parishad, the notice and the written statement, if any, with or without the motion for withdrawal or modification of such privileges.
- (4) The Vidvat-Parishad shall having regard to the interest of students in the colleges or recognised institutions or pathashala, recommend to the Kulaguru the action to be taken in this behalf and the Kulaguru shall, thereafter, proceed to implement the recommendations.
Chapter IX PERMISSION, AFFILIATION AND RECOGNITION
71. Closure of the college or recognised institution or pathashala.
- (1) No management of a college or recognised institution or pathashala shall be allowed to close down the college or recongised institution or pathashala without prior permission of the State Government and the university.
- (2) The management desirous of closing down the college or recognised institution or pathashala shall apply to the university on or before the first day of August of the preceding year, stating fully the grounds for closure, and pointing out the assets in the form of buildings and equipment, their original cost, the prevailing market value and the grants so far received by it either from the University Grants Commission, the State Government or from public funding agencies.
- (3) On receipt of such an application, the Vidvat-Parishad shall cause to make enquiries as it may deem fit, to assess and determine whether the college or recognised institution or pathshalas be permitted to effect the closure. The Vidvat-Parishad may examine whether the closure should be avoided by providing necessary assistance or taking over of the college, institution or pathashala by the university or transferring it to another management.
- (4) If the Vidvat-Parishad decides to recommend the closure, it shall prepare and submit to the Vyavasthapana Parishad, a report on the extent of damages or compensation to be recovered from the management and whether the assets created utilising the funds provided by the University Grants Commission, the State Government or other public funding agencies, be transferred to the university or the management and the payment of compensation to the teachers and the staff retrenched.
- (5) The Vidvat-Parishad shall, with prior concurrence of the Vyavasthapana Parishad and approval of the State Government then decide whether the affiliated college or recognised institution or pathashala be permitted the closure.
- (6) If the university decides to take over the college or recognised institution or pathashala or transfer the same to another management, the procedure to be followed shall be such as may be prescribed.
- (7) The procedure to effect the closure shall be in phases so as to ensure that the students already admitted to the college or recognised institution or pathashala are not affected, and that the first year shall be closed first and no new admissions shall be such as may be prescribed.
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