The Kavi Kulaguru Kalidas Sanskrit Vishvavidyalaya (University) Act, 1997
Chapter V THE STATUTES, ORDINANCES AND REGULATIONS
Education199793 sections13 chapters
Chapter V THE STATUTES, ORDINANCES AND REGULATIONS
44. Statutes.
Statutory text
Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-
- (1) conferment of honorary degrees and holding convocation;
- (2) the establishment and maintenance of the university departments, institutions, conducted colleges, institutions of higher learning, research or specialised studies and hostels;
- (3) the powers and duties of the officers of the university;
- (4) the powers and duties of the authorities of the university;
- (5) the principles governing the seniority and service conditions of the employees of the university;
- (6) the provision for disqualifying members of the authorities, bodies or committees of the universities;
- (7) abolition of university departments or institutions and conducted colleges;
- (8) qualifications, recruitment, workload, code of conduct, terms of office, duties and conditions of service, including periodic assessment of teachers, officers and other employees of the university and the affiliated colleges, schools and Pathshalas (except those colleges or institutions maintained by the State or Central Government or a local authority), the provision of pension, gratuity and .provident fund, the manner of termination of their services, as approved by the State Government;
- (9) application of funds of the university for furtherance of the objects of the university;
- (10) norms of affiliation of colleges or for withdrawing the affiliation of the colleges;
- (11) acceptance and management of trusts, bequests, donations, endowments and grants from individuals or organisations;
- (12) provision of reservation of adequate member of posts of teachers, officers and the employees of the university, affiliated colleges, recognised institution, schools and Pathashalas, for members of the Scheduled Castes and Scheduled Tribes and Other Backward Classes in accordance with the policy of the State Government;
- (13) number of working days, number of actual days of instruction, holidays other than Sundays, vacation and terms in academic year;
- (14) disciplinary action against defaulting teachers, officers and other employees of the university, affiliated colleges, recognised institutions, schools and Pathashalas other than the colleges or institutions, schools and Pathashalas, managed and maintained by the State Government or Central Government or Local Authorities;
- (15) the taking over or transferring, in public interest, of the management of a college or institution by the university and the conditions for such taking over or transferring, subject to the approval of the State Government;
- (16) any matter which is to be prescribed or which is necessary to give effect to the provisions of this Ordinance.
Chapter V THE STATUTES, ORDINANCES AND REGULATIONS
45. Statutes how made.
Statutory text
- (1) The Statutes may be made, amended or repealed by the Vyavasthapana Parishad in the manner hereinafter provided.
- (2) The Vyavasthapana Parishad, if it thinks necessary, may also obtain the opinion of any officer, authority or body of the university in regard to any draft Statute which is before it for consideration: Provided that, where any such draft Statute pertains to academic matters, it shall obtain the opinion of the Vidvat-Parishad before considering the same.
- (3) Every Statute passed by the Vyavasthapana Parishad shall be submitted to the Kuladhipati who may give or withhold his assent thereto or send it back to the Vyavasthapana Parishad for reconsideration.
- (4) No Statute passed by the Vyavasthapana Parishad shall be valid or shall come into force until assented to by the Kuladhipati.
- (5) Notwithstanding anything contained in the foregoing sub-sections, the Kuladhipati either suo motu or on the advice of the State Government, may, direct the university to make provisions in the Statutes in respect of any matter specified by him and if the Vyavasthapana Parishad fails to implement such a direction within sixty days of its receipt, the Kuladhipati may, after considering the reasons, if any, communicated by the Vyavasthapana Parishad for its inability to comply with such direction, make or amend the Statutes suitably.
Chapter V THE STATUTES, ORDINANCES AND REGULATIONS
46. Ordinance and their subject matter.
Statutory text
Subject to the conditions prescribed by or under this Act, the Vyavasthapana Parishad may make Ordinances to provide for all or any of the following matters, namely:-
- (1) the conditions under which students shall be admitted to course of study for degree, diplomas, certificates and other academic distinctions;
- (2) the fees to be charged for enrolment of students for attending such courses in the university and colleges (including the tuition fees and hostel charges), which shall, as far as possible, be uniform for the colleges situated in the same local area, for admission to the examinations leading to degrees, diplomas, certificates and other academic distinctions, and for registration of graduates;
- (3) the conditions of residence, conduct and discipline of the students of the university, and the action to be taken against them for breach of discipline of misconduct, including the following:-
- (a) use of unfair means at an examination, or abatement thereof;
- (b) refusal to appear or give evidence in any authorised inquiry by an officer-in-charge of an examination, or by any officer or authority of the university; or
- (c) disorderly or otherwise objectionable conduct, whether within or outside the university;
- (4) the qualifications and classification of teachers in university departments, colleges and recognised institutions, schools and pathashalas;
- (5) the conditions governing the appointment and duties of examiners;
- (6) the conduct of examinations and other tests, and the manner in which the candidates may be assessed or examined by the examiners;
- (7) the recognition of teachers of the university and the conditions subject to which persons may be recognized as qualified to give instructions in the university departments, colleges and recognised institutions, schools and pathashalas;
- (8) the inspection of colleges, recognised institutions, schools, pathashalas, halls and hostels;
- (9) the recognition of halls and hostels;
- (10) the mode of execution of contracts or agreements for, or on behalf of the university;
- (11) the rules to be observed and enforced by colleges and recognised institutions regarding transfer of students;
- (12) all other matters which, by or under this Act or the Statutes, are to be, or may be provided by Ordinances; and
- (13) generally, all matters for which provision is, in the opinion, of the Vyavasthapana Parishad, necessary for the exercise of the powers conferred, or the performance of the duties imposed, on the Vyavasthapana Parishad by or under this Act, or the Statutes.
Chapter V THE STATUTES, ORDINANCES AND REGULATIONS
47. Ordinances and their making.
Statutory text
- (1) The Vyavasthapana Parishad may make, amend or repeal Ordinances in the manner hereinafter provided.
- (2) No Ordinance concerning the matters referred to in clauses (i) to (vii) of the last preceding section, or any other matter connected with the maintenance of the standards of teaching and examinations within the university, shall be made by the Vyavasthapana Parishad unless a draft thereof has been proposed, by the Vidvat-Parishad.
- (3) The Vyavasthapana Parishad shall not have the power to amend any draft proposed by the Vidvat-Parishad under sub-section (2), but may reject or return it to the Vidvat-Parishad for reconsideration, in part or in whole, together with any amendments which the Vyavasthapana Parishad may suggest.
- (4) All Ordinances made by the Vyavasthapana Parishad shall have effect from such date as it may direct, but every Ordinance so made shall be submitted to the Kuladhipati within two weeks. The Kuladhipati shall have the power to direct the Vyavasthapana Parishad, within four weeks of the receipt of the Ordinance, to suspend its operation, and he shall, as soon as possible, inform the Vyavasthapana Parishad of his objection to it. He may, after receiving the comments of the Vyavasthapana Parishad, either withdraw the order suspending the Ordinance or disallow the Ordinance, and his decision shall be final.
Chapter V THE STATUTES, ORDINANCES AND REGULATIONS
48. Regulations.
Statutory text
- (1) Subject to the conditions prescribed by or under this Act, and the approval of the Vyavasthapana Parishad, the Vidvat-Parishad, may make Regulations consistent with this Act, the Statutes and Ordinances, providing for all or any of the matters which, by or under this Act, the Statutes or Ordinances, are to be or may be provided and for all other matters solely concerning itself.
- (2) Any authority or body may, subject to the previous approval of the Vyavasthapana Parishad, make rules, consistent with this Act, the Statutes, Ordinances and Regulations, for :-
- (a) giving notice of the dates and hours of its meetings and of the business to be conducted thereat;
- (b) regulating the procedure at its meeting and the number of members required to form a quorum, and keeping of records of the proceedings of such meetings;
- (c) providing for all matters solely concerning such authority or body.
- (3) Such rules be submitted to the Vyavasthapana Parishad, which may amend or annul them in such manner as it thinks proper, after ascertaining and considering the view of the authority or body making them.
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