GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT

MAHARASHTRA  ACT  No.  XXXIII  OF 1997.

THE  KAVI  KULAGURU  KALIDAS  SANSKRIT
VISHVAVIDYALAYA  (UNIVERSITY)
ACT,  1997.

(As  modified  upto  the  31st  December,  2013)

*

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1997 : Mah. XXXIII]

(i)

THE KAVI KULAGURU KALIDAS SANSKRIT VISHVAVIDYALAYA
(UNIVERSITY) ACT, 1997.
____________

PREAMBLE.
SECTIONS.

CONTENTS

CHAPTER I.

PRELIMINARY.

1.
2.

3.
4.
5.
6.
7.
8.

Short  title  and  commencement.
Definitions.

CHAPTER II.

THE UNIVERSITY.

Incorporation  of  University.
Jurisdiction  and  admission  to  privileges  of  university.
University  open  to  all.
Objects  of  University.
Powers  and  duties  of  university.
Control  of  State  Government.

CHAPTER III.

OFFICERS OF THE UNIVERSITY.

(A) The  Kuladhipati  (Chancellor)

9.

Kuladhipati  and  his  powers.

(B) Other Officers of The University

Other officers of University.
Kulaguru  and  Sama-Kulaguru.
Appointment  of  Kulaguru.

10.
11.
12.
13. Manner  of  appointment  of  Sama-Kulaguru.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.

Powers  and  duties  of  Kulaguru.
Adhishthata.
Sanchalaka  of  Niyojana  Vikasa  Mandala.
Kulasachiva,  appointment  and  duties.
Pariksha  Niyantraka.
Granthapala,  appointment  and  duties.
Vitta-Lekha  Adhikari.
Sanchalaka,  chhatra  kalyana.
Sanchalaka,  Vistar  Seva  Mandal.
Officers,  members  of  authorities,  bodies  and  employees  of  university  as

public servant.

H  6-1

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SECTIONS.

  (University)  Act,  1997

CHAPTER IV.
AUTHORITIES OF THE UNIVERSITY.

24. Authorities  of  university.

24-A.

Power of Government to specify eligibility conditions for being member of any
authority  of  university.

Powers  and  duties  of  Vyavasthapana  Parishad.

Powers  and  duties  of  Vidvat-Parishad.
Pariksha  Mandala.
Powers  and  duties  of  Pariksha  Mandala.
Sankaya.
Powers  and  duties  of  Sankaya.

25. Vyavasthapana  Parishad.
26.
27. Vidvat-Parishad.
28.
29.
30.
31.
32.
33. Adhyayana  Mandalas.
34.
35. Vistara  Seva  Mandala.
36.
37. Term  of  office of  members  of  authority.
38. Cessation  of  membership.
39. Disqualification  for  membership  of  authority.
40. Conclusiveness  of  decision  of  authority.
41. Resignation  of  membership.
42. Meeting  of  authorities.
Filling  casual  vacancy.
43.

Powers,  functions  and  duties  of  authorities.

Powers  and  duties  of  Adhyayana  mandala.

CHAPTER V.
THE STATUTES, ORDINANCES AND REGULATIONS.

Statutes.
Statutes  how  made.

44.
45.
46. Ordinances  and  their  subject  matter.
47. Ordinances  and  their  making.
48. Regulations.

CHAPTER VI.
ADMISSIONS, EXAMINATIONS AND OTHER MATTERS RELATING TO STUDENTS.

49. Admission.
50.
51. Declaration  of  results.

Schedule  of  Examinations.

52. Examinations  not  invalid,  for  non-compliance  with  Schedule.

53.

Sports  and  extra  curricular  activities.

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  (University)  Act,  1997

SECTIONS.

54.

CHAPTER VII.

SAMITIS (COMMITTEES).

(1)  Granthalaya  Samiti  (Library  Committee).
(2)  Vitta-lekha  Samiti  (Finance  and  Accounts  Committee).
(3) Kraya Samiti (Purchase Committee).
(4)  Samitis  for  Vidya  Seva  Anubhaga  (Academic  Service  Unit).
(5)  Vastu  Rachana  Samiti  (Building  and  Construction  Committee).
(6)  Vishvavidyalaya  Chhatra  Kalyana  Samiti  (Students’  Welfare  Committee).
(7)  Upaklesha  Nivarana  Samiti  (Grievances  Committee).

CHAPTER VIII.

TEACHERS AND EMPLOYEES OF THE UNIVERSITY.

Selection  and  appointment  of  university  teachers.
Filling  temporary  vacancies  of  university  teachers.

55.
56.
57. Appointment  and  selection  of  principals  of  conducted  colleges.
58.
59. Other  samities.
60. Tribunal.

Selection  committees  for  officers  and  employees  of  university.

CHAPTER IX.

PERMISSION, AFFILIATION AND RECOGNITION.

  Conditions  for  affiliation  and  recognition.
Procedure for permission.
Procedure  for  affiliation.
Procedure  of  recognition  of  institutions  and  pathashala.

61.
62.
63.
64.
65. Local  managing  or  advisory  committee  of  an  affiliated  college,  institution.
66. Continuation  of  affiliation  or  recognition.
67. Extension  of  affiliation  or  recognition.
Permanent  affiliation  and  recognition.
68.
Inspection  of  colleges  and  recognised  institutions,  and  pathashalas.
69.
70.
  Withdrawal  of  affiliation  or  recognition.
71. Closure  of  the  college  or  recognised  institution  or  pathashala.

CHAPTER X.

ENROLEMENT, DEGREES AND CONVOCATIONS.

Post-graduate  teaching  and  research.

72.
73. Enrolement  of  students.
74. Disciplinary  powers  and  discipline  among  students.
75. Degrees,  diplomas,  certificates  and  distinctions.
76. Honorary degree.

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SECTIONS.

77. Convocation.

78. Registered  graduates.

79. Removal  of  name  from  register  of  graduates.

CHAPTER XI.

UNIVERSITY FUND, ACCOUNTS AND AUDIT.

80. Annual  financial  estimates.

81. University  funds.

82. Annual  accounts  and  audit.

83. Annual  Report.

CHAPTER XII.

MISCELLANEOUS.

84. Authorities  and  officers  responsible  for  damages.

85. Membership  of  State  Legislature  and  of  Parliament.

86. Questions  regarding  interpretation  and  disputes  regarding  constitution  of

university,  authority  or  body,  etc.

87.

Protection  of  acts  and  orders.

88. Delegation  of  powers.

89. Acts  and  proceedings  not  invalid  merely  on  ground  of  defect  in  constitution,

vacancies,  irregularity  in  procedure,  etc.

CHAPTER XIII.

ESTABLISHMENT OF THE SANSKRIT UNIVERSITY.

90.

First  appointments.

91. Constitution  of  first  authorities.

92. Removal  of  difficulties.

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1

  (University)  Act,  1997

MAHARASHTRA ACT No. XXXIII OF 1997.1
[THE KAVI KULAGURU KALIDAS SANSKRIT VISHVAVIDYALAYA (UNIVERSITY) ACT, 1997]

[This  Act  received  the  assent  of  the  Governor  on  26th  May  1997,  assent  was  first
published in the Maharashtra Government Gazette, Extraordinary, Part IV, on the 28th
May  1997.]

Amended  by  Mah.  14  of  2009*  (25-5-2009)†.

An  Act  to  establish  a  Sanskrit  University  in  the  State  of  Maharashtra.

WHEREAS it is well established that Sanskrit language and literature is the repository

of  the  ancient  Indian  Wisdom;

AND  WHEREAS  the  special  value  and  importance  of  the  Sanskrit  language  in  the
growth  and  development  of  Indian  languages  and  its  unique  contribution  towards  the
cultural  unity  of  the  country  is  also  now  well  recognised;

AND  WHEREAS  to  explore,  cherish  and  propagate  the  universal  values  of  the
Sanskrit  literature  and  to  effect  a  progressive  synthesis  of  ancient  Indian  wisdom  with
modern  ‘science-culture’  for  creation  of  an  enlightened  society;

AND WHEREAS for the reasons aforesaid it is necessary to enact a law for establishing
a  Sanskrit  University;  It  is  hereby  enacted  in  the  Forty-eighth  Year  of  the  Republic  of
India  as  follows  :—

CHAPTER I.
PRELIMINARY.

1. (1) This  Act  may  be  called  the  Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya

(University)  Act,  1997.

(2) It shall come into force on such date2 as the State Government may, by notification

in  the Official  Gazette, appoint.

2.      In  this  Act,  unless  the  context  otherwise  requires,—

Short  title
and
commence-
ment.

Definitions.

(1) “academic service unit” means university academic staff college, computer centre,
university printing press, or any other unit providing specialised services for the promotion
of  any  of  the  objectives  of  the  university;

(2) “adjunct  professor”,  “adjunct  reader”  or  “adjunct  lecturer”  means  a  person  from
any  university,  college,  institute  or  research  centre  of  learning  in  Sanskrit  or  any  other
allied field, industry, trade, agriculture, commerce, defence or any other field who is so
designated  during  the  period  of  collaboration  or  association  with  the  university;

(3) “affiliated  college”  means  a  college  which  has  been  granted  affiliation  by  the

university;

(4) “authorities” means the authorities of the university as specified by or under this Act;
(5) “bodies” means the bodies of the university formed by the respective authorities;
(6) “collaboration” means collaborative academic activity of the university with other
universities,  academic  institutions  (local,  regional,  national  or  international),  research
institutions and organisations (research, agriculture, industry, trade, commerce and defence);

1 For  Statement  of  Objects  and    Reasons, see  Maharashtra  Government  Gazette, 1997,

Extraordinary,  Part  V,  Page  263.

2 18th  September  1997  (vide  G.  N.  5  K.  E.  1097/(90/97)-UNI  2,  dated  the  18th  September  1997.)
* Maharashtra  Ordinance  No.  IV  of  2009  and  IX  of  2009  were  repealed  by  Mah.  14  of  2009,  s.  18(1).
† This  indicates  the  date  of  commencement  of  Act.

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Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya [1997 : Mah. XXXIII

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(7) “college”  means  a  college  conducted  by  the  university,  or  affiliated  to  the

university;

(8) “conducted college” means a college maintained and managed by the university;

(9) “department”  means  a  department  teaching  a  particular  subject  or  a  group  of

subjects  in  a  college  as  prescribed  in  the  Statute;

(10) ‘’Director” means a head of an institution including a centre, or a school of the

university  as  designated  by  the Vyavasthapana  Parishad;

(11) “Director of Higher Education”, “Director of Medical Education and Research”,
“Director  of  Ayurved”,  “Director  of  Physical  Education”  and  “Director  of  Technical
Education” means, respectively, Director of Higher Education, Maharashtra State, Director
of Medical Education and Research, Maharashtra State, Director of Ayurved, Maharashtra
State  and  Director  of  Physical  Education,  Maharashtra  State,  Director  of  Technical
Education,  Maharashtra  State;

(12) “Head  of  the  University  Department”  means  a  teacher  so  designated  by  the
Kulaguru who  shall  be  principally  responsible  for  the  teaching  and  research  in  the
department;

(13) “higher education” means the pursuit of knowledge, beyond learning at the stage

of  school  education;

(14) “hostel” means a place of residence for the student of the university or affiliated

college  provided,  maintained  or  recognised  by  the  university;

(15) “institution”  means  an  academic  institution  of  higher  learning,  not  being  a

college,  associated  with  and  admitted  to  the  privileges  of  the  university;

(16) Kuladhipati, Kulaguru and Sama-Kulaguru means, respectively, the Chancellor,

the  Vice-Chancellor  and  the  Pro-Vice-Chancellor  of  the  university;

(17) “local managing committee” means a committee constituted for a college under

the  provisions  of  this  Act;

(18)’ “management”  means  the  trustees  or  the  managing  or  governing  body,  by
whatever name called, of any trust registered under the Bombay Public Trusts Act, 1950
(or  any  society  registered  under  the  Societies  Registration  Act,  1860)  under  the
management of which one or more colleges or recognised institutions or other institutions
are  conducted  and  admitted  to  the  privileges  of  the  university:

Bom.
XXIX
o f
1950.
21  of
1860.

Provided  that,  in  relation  to  any  college  or  institution  established  or  maintained  by
the  Central  Government  or  the  State  Government  or  a  local  authority  like  a Zilla
Parishad, municipal  council  or  the  municipal  corporation,  it  means,  respectively,  the
Central Government or the State Government or Zilla Parishad or the municipal council
or  the  municipal  corporation,  as  the  case  may  be;

(19) “Other Backward Classes” means and includes persons belonging to such classes
or  groups  within  such  classes  as  adopted  by  the  State  Government  to  be  the  other
backward  classes;

(20) ‘’Pathashala’’ means a Pathashala recognised by the Government of Maharashtra,

other  State  Governments  or  the  Central  Government;

1997 : Mah. XXXIII] Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya

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  (University)  Act,  1997

(21) “Post-graduate  department”  means  a  department  in  a  college  or  institution  of
higher learning, research or specialised studies, recognised to be so by the university and
imparting  post-graduate  instruction  or  guidance  for  research;

(22) “prescribed” means prescribed by Statutes or Ordinance or Regulations or rules,

as  the  case  may  be,  made  under  this  Act;

(23) “Principal”  means  a  head  of  a  college,  specialised  educational  institution,  post-

graduate  centre  or  other  recognised  institution  duly  approved  by  the  university;

(24) “recognised  institution”  means  an  institution  of  higher  learning,  research  or
specialised  studies,  other  than  an  affiliated  college,  and  recognised  to  be  so  by  the
university;

(25) “registered  graduate”  means  a  graduate  of  a  university  registered  or  deemed  to

be  registered  by  or  under  this  Act  with  the  university;

(26) “Scheduled  Castes”  means  such  castes,  races  or  tribes  or  parts  of,  or  groups
within, such castes, races or tribes as are deemed to be Scheduled Castes, in relation to
the  State  of  Maharashtra  under  article  341  of  the  Constitution  of  India;

(27) “Scheduled Tribes” means such tribes or tribal communities or parts of, or groups
within,  such  tribes  or  tribal  communities  as  are  deemed  to  be  Scheduled  Tribes  in
relation  to  the  State  of  Maharashtra  under  articles  342  of  the  Constitution  of  India
residing in any part of the State of Maharashtra and, for the purposes of this Act, includes
Denotified  and  Nomadic  Tribes;

(28) “School”  means  a  school  of  studies  maintained  by  the  university;
(29) “Statutes”,  “Ordinances”  and  “Regulations”  means,  respectively,  the  Statutes,

Ordinances  and  Regulations  of  the  university  made  under  this  Act;

(30)  “teacher”  means  full-time  approved  professor,  associate  professor,  assistant
professor, reader, lecturer, librarian, Director or Instructor of Physical Education in any
university  department  or  conducted  or  affiliated  college,  or  recognised  institution,
school  or Pathashala in  the  university;

(31) “university”  means  the Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya

(University)  incorporated  under  section  3  of  this  Act;

(32) “university  department”  means  a  department  established  and  maintained  by  the

university;

3  of
1956.

(33) “University  Grants  Commission”  means  the  University  Grants  Commission

established  under  the  University  Grants  Commission  Act,  1956;

(34) “university  institution” means  a  centre, a  school, or  an  institute established  and

maintained  by  the  university;

(35)  “university  teacher”  means  a  teacher  appointed  by  the  university.

CHAPTER II.

THE UNIVERSITY.

3.  (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.

Incorpora-
tion  of
University.

Jurisdiction
and  admission
to  privileges
of  university.

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Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya [1997 : Mah. XXXIII

  (University)  Act,  1997

(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.

4.  (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.

University
open  to  all.

5.  (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.

Objects  of
University.

1997 : Mah. XXXIII] Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya

5

  (University)  Act,  1997

(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.

6.    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  fulfillment 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  inter-disciplinary  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  Vedaic,  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 Arthashstra 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;
H  6-2

Powers  and
duties  of
university.

6

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(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.

7.      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;

1997 : Mah. XXXIII] Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya

7

  (University)  Act,  1997

(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  ;

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(28) to  supervise,  control  and  regulate  the  conduct  and  discipline  of  the  students  of
the  university,  affiliated  colleges,  institutions,  recognised  institutions,  schools,
Pathashalas and  hostels;

(29) to  provide  for  mobility  of  students  from  formal  to  non-formal  stream  and
vice-versa  ;
(30) to provide facilities for revision or in service courses for teachers of the university,

colleges,  schools, Pathashalas and  institutions;

(31) to make arrangements for promoting welfare of the employees of the university;
(32) to  co-ordinate  and  regulate  teaching  and  research  in  the  affiliated  colleges,

schools, Pathashalas and  recognised  institutions;

(33) to  provide  for  periodical  assessment  of  the  performance  of  teachers  and  non-
teaching employees  of the  colleges, schools, Pathashalas, institutions  and university  as
prescribed;

(34)  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  tution  or  private  coaching  classes;

(35) to  provide  for  conduct  and  discipline  rules  for  teaching  and  non-teaching  staff

and  the  enforcement  thereof;

(36) to  prescribe  code  of  conduct  for  managements;
(37) 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;
(38)  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;

(39)  to  rescind  affiliation  granted  to  colleges;
(40) 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;

(41) 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;

(42) 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;

(43) to undertake academic collaboration programmes with universities and institutions

abroad,  with  the  prior  approval  of  the  State  Government  ;

(44) to receive funds for collaboration programmes from foreign agencies subject to
rules  and  regulations  of  the  Central  Government  and  State  Government  in  that  behalf ;

Control  of
State
Government.

1997 : Mah. XXXIII] Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya

9

  (University)  Act,  1997

(45) 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;

(46) 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;

(47) to  undertake  production  and  publication  of  textbooks;

(48) to  undertake  production  and  publication  of  anthologies,  reference  books  and

learned  research  work;

(49) 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;

(50) 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.

8.

(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  :

10

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  (University)  Act,  1997

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.

CHAPTER III.

OFFICERS OF  THE  UNIVERSITY.
(A)  The Kuladhipati (Chancellor)

Kuladhipati
and his
powers.

9.

(1) The Governor of Maharashtra, for the time being, shall be the Kuladhipati of
the  university  and  the Kuladhipati,  by virtue  of  his  office,  shall  be  the  Head  of  the
university.

(2) The Kuladhipati, when present, shall preside over the Convocation of the university
and may issue direction to the Kulaguru to convene the meeting of any authority of the
university for specific purposes, whenever necessary, and the Kulaguru shall submit the
minutes  of  such  meeting  to  the Kuladhipati for  his  perusal.

(3) The Kuladhipati may call for such information and record relating to any affiairs
of the university and issue such directions thereupon as he may deem fit in the interest
of the university and the authorities and officers of the university shall comply with such
directions.

(4) The Kuladhipati may,  after  taking  report  in  writing  from  the Kulaguru, suspend
or  modify  any  resolution,  order  or  proceedings  of  any  authority,  body,  committee  or
officer  which,  in  his  opinion,  is  not  in  conformity  with  this  Act,  Statutes,  Ordinances,
or  Regulations  made  thereunder,  or  is  not  in  the  interest  of  the  university  and  the
university  authority,  body,  committee  and  officer  shall  comply  with  the  same  :

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11

  (University)  Act,  1997

Provided  that,  before  making  any  such  order,  the Kuladhipati shall  call  upon  the
university, authority, body, committee or, as the case may be, officer to show cause why
such an order should not be made, and if any cause is shown, within the time fixed by
the Kuladhipati, he  shall  consider  the  same  and  wherever  he  deems  it  necessary,  after
consulting  the  State  Government,  decide  the  action  to  be  taken  in  the  matter,  and  his
decision  shall  be  final.

(5) Where, in the opinion of the Kuladhipati, the conduct of any elected or nominated
or appointed or co-opted member is detrimental to the smooth functioning of university
or any authority or body or committee, he may, after giving such member an opportunity
to  offer  his  explanation  in  writing  and  after  considering  such  explanation,  if  any,  and
satisfy himself that it is necessary so to do, suspend or disqualify such member for such
period  as  he  may  deem  fit.

(6) The Kuladhipati shall  exercise  such  other  powers  and  perform  such  other  duties

as  may  be  conferred  upon  or  vested  in  him  by  or  under  this  Act.

(B) Other Officers of the university

10. The  following  shall  be  the  other  officers  of  the  university,  namely  :—
(1) the Kulaguru (the  Vice-Chancellor);
(2) the Sama-Kulaguru (the  Pro-Vice-Chancellor);
(3) the Adhishthata (Dean  of  Faculty);
(4) the Kulasachiva (the  Registrar);
(5)  the Pariksha-Niyantraka (the  Controller  of  Examination);
(6) the Sanchalaka,  Niyojana  Vikas  Mandala (the  Director,  Board  of  Planning  and

Other
officers  of
University.

Development);

(7)  the Granthapala (the  Librarian  of  the  University  Library);
(8) the Vitta-Lekha  Adhikari (the  Finance  and  Accounts  officer);
(9) the Sanchalaka, Vistara Seva Mandala (the Director, Board of Extension Services);
(10) the Sanchalaka,  Chhatra-Kalyan (the  Director  of  Students’  Welfare);
(11) such  other  officers  in  the  service  of  the  university  as  may  be  prescribed  by

Statutes.

11. (1) There  shall be  a Kulaguru appointed  as  provided  in section  12  who  shall  be
the principal executive and academic officer of the university and ex-officio Adhyaksha
of the Vyavsthapana-Parishad, Vidvat-Parishad, Pariksha Mandala, Vitta Lekha Samiti,
and  Vistara  Seva  Mandala and  shall  preside  in  the  absence  of  the Kuladhipati at  any
convocation  for  conferring  degrees.

(2) The Sama-Kulaguru shall be  appointed as  provided in  section 13  and the Sama-
Kulaguru shall be responsible for the duties allotted to him specifically by the Kulaguru.
He  shall  preside  over  the  meeting  of  the  authorities  of  the  university  in  the  absence  of
the Kulaguru.

12.

1[(1) The Kulaguru shall  be  appointed  by  the Kuladhipati in  the  manner  stated

hereunder  :—

(a) There shall be a Committee consisting of the following members to recommend

suitable names to the Kuladhipati for appointment of Kulaguru, namely :—

(i) a member nominated by the Kuladhipati, who shall be the retired Judge of the
Supreme Court or retired Chief Justice of a High Court or an eminent scientist of
national repute or a recipient of Padma Award in the field of education;

(ii) the Principal Secretary of Higher and Technical Education Department or any
officer not below the rank of Principal Secretary to Government, nominated by the
State Government;

1 Sub-section (1)  was  substituted  by  Mah.  14  of  2009,  s.  14(a).

Kulaguru and
Sama-
Kulaguru.

Appoint-
ment  of
Kulaguru.

12

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  (University)  Act,  1997

(iii) a  renowned Sanskrit Scholar  or  the  Director  or  Head  of  an  institute  or
organisation of national repute, such as, Indian Institute of Technology, Indian Institute
of Management, Indian Institute of Science, Indian Space Research Organisation or
National Research Laboratory, nominated by the Vyavasthapana Parishad and the
Vidvat  Parishad, jointly,  in  the  manner  specified  by  the  State  Government  by  an
order published in the Official Gazette ;
(b)  The  member  nominated  by  the Kuladhipati shall  be  the  Chairman  of  the

Committee ;

(c) The  members nominated  shall be  the persons  who are  not connected  with the

university;

(d) No meeting of the Committee shall be held unless all the three members of the

Committee are present.]
(2) The  process  of  preparing  a  panel  shall  begin  at  least  three  months  before  the
probable  date  of  occurrence  of  the  vacancy  of  the Kulaguru and  shall  be  completed
within  the  time  limit  fixed  by  the Kuladhipati. The Kuladhipati, however,  may  extend
such time limit if in the exigency of the circumstances, it is necessary so to do, however,
the  period  so  extended  shall  not  exceed  three  months  in  the  aggregate.

1[(3) The Committee shall recommend a panel of not less than five suitable persons for
the consideration of the Kuladhipati for being appointed as the Kulaguru. The names so
recommended shall be in alphabetical order without any preference being indicated. The
report shall be accompanied by a detailed write up on suitability of each person included in
the panel.

(3A) A person for being recommended by the Committee for appointment as a Kulaguru

shall,—

(a) be an eminent academician or an administrator of high caliber;
(b) be able to provide leadership by his own example;
(c) be able to provide vision and have ability to translate the same into reality in

the interest of students and society; and

(d) possess such educational qualifications and experience as may be specified by
the Government, by an Order published in the Official Gazette, in consultation with
the Kuladhipati.
(3B) The  eligibility  conditions  and  the  process  for  recommendation  of  names  for
appointment as Kulaguru shall be given wide publicity to ensure the recommendation
of most suitable candidates.]
(4) The Kuladhipati may  appoint  one  of  the  persons included  in  the  panel  to  be  the

Kulaguru  :

Provided,  however,  that  if  the Kuladhipati does  not  approve  any  of  the  persons  so
recommended,  he  may  call  for  a  fresh  panel  either  from  the  same  committee  or  after
constitution  of  a  new  committee  for  the  purpose,  from  such  new  committee.

(5)  The  person  appointed  as  the Kulaguru shall,  subject  to  the  terms  and  conditions
of his contract of service, hold office for a period of five years from the date on which
he enters upon his office or till attaining the age of sixty-five years whichever is earlier.
(6) The  person  appointed  as  the Kulaguru shall  hold  a  lien,  if  any,  on  the  post  in

which  he  is  confirmed  prior  to  the  appointment.

(7) In  any  of  the  following  circumstances,  the  existence  whereof  shall  solely  be

judged  by  the Kuladhipati, namely  :—

1 These    Sub-sections  were  substituted  for  sub-section (3)  by  Mah.  14  of  2009,  s.  14(b).

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  (University)  Act,  1997

(a) where the committee appointed under sub-section (1) is unable to recommend

any  name  within  the  time  limit  specified  by Kuladhipati;

(b) where  the  vacancy  occurs  in  the  office  of  the Kulaguru because  of  death,
resignation  or  otherwise,  and  it  cannot  be  conveniently  and  expeditiously  filled  in
accordance  with  the  provisions  of  the  sub-sections  (1)  to (4);

(c) where  the  vacancy  in  the  office  of  the Kulaguru occurs  temporarily  because

of  leave,  illness  or  other  causes;

(d) where  the  term  of Kulaguru has  expired;  or
(e) where  there  is  any  other  emergency,

the Kuladhipati may  appoint  any  suitable  person,  to  act  as  the Kulaguru for  a  term

not  exceeding  six  months,  in  the  aggregate  as  he  may  specify  in  his  order  :

Provided that, the person so appointed shall cease to hold such office on the date on
which  the  person  appointed  as  the Kulaguru in  accordance  with  the  provisions  of  sub-
sections  (1)  to (4) assumes  office  or  the Kulaguru resumes  office.

(8) The Kulaguru shall  be  a  full-time  salaried  officer  of  the  university  and  shall
receive  such  salary and  allowances  as  may be  determined  by  the State  Government.  In
addition he shall be entitled to free furnished residence, a motor car for his use (including
its maintenance, repairs and fuel required therefor), with the service of a chauffeur free
of  charge.

(9) Such sumptuary allowance shall be placed at the disposal of the Kulaguru, as the

State  Government  may  approve.

(10) If a person receiving an honorarium from the consolidated fund of the State, or
if  a  principal  of  an  affiliated  college  or  a  recognised  institution  or  a  university  teacher
is appointed as Kulaguru, his terms and conditions of service shall not be altered to his
disadvantage  during  his  tenure  as Kulaguru.

(11) Notwithstanding  anything  contained  in  the  foregoing  sub-sections,  the  person
referred to in sub-section (6) shall stand retired from his original post, in accordance with
the  terms  and  conditions  of  services  of  that  post.

(12) The Kulaguru may, by writing under his signature addressed to the Kuladhipati,
after giving one month’s notice resign from his office and shall cease to hold his office
on  the  acceptance  of  his  resignation  by  the Kuladhipati or  from  the  date  of  expiry  of
the  said  notice  period,  whichever  is  earlier.

(13) The Kulaguru may be removed from his office if the Kuladhipati is satisfied that

the  incumbent,—

(a)  has  become  insane  and  stands  so  declared  by  a  competent  court  ;
(b) has  been  convicted  by  a  court  for  any  offence  involving  moral  turpitude;
(c) has become an un-discharged insolvent and stands so declared by a competent

court:

(d) has been physically unfit and incapable of discharging duties due to protracted

illness  or  physical  disability;

(e) is  a  member  of,  or  be  otherwise  associated  with,  any  political  party  or  any
organisation which takes part in politics, or is taking part in or subscribing in aid of,
any  political  movement  or  activity;

Explanation.—For  purposes  of  this  sub-clause,  whether  any  party  is  a  political
party,  or  whether  any  organisation  takes  part  in  politics  or  whether  any  movement
or  activity  falls  within  the  scope  of  this  sub-clause,  the  decision  of  the Kuladhipati
thereon  shall  be  final:

Provided that Kulaguru shall be given a reasonable opportunity to show cause by

the Kuladhipati before  taking  recourse  for  his  removal  under  clauses (d) and  (e).

H  6-3

Manner  of
appointment
of  Sama-
Kulaguru.

Powers  and
duties  of
Kulaguru.

14

Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya [1997 : Mah. XXXIII

  (University)  Act,  1997

13. (1) The Kuladhipati shall,  in  consultation  with  the Kulaguru, appoint  a Sama-

Kulaguru for  the  university.

(2) The Sama-Kulaguru shall  be  a  person  who  has  held  post  of  professor,  reader  or
a  principal  of  college  or  designated  reader  or  an  institution,  having  not  less  than  ten
years  teaching  experience.

(3) The  term  of Sama-Kulaguru shall  be  co-terminus  with  the  term  of  office  of  the

Kulaguru or  till  he  attains  the  age  of  sixty-five  years,  whichever  is  earlier.

(4) The Sama-Kulaguru shall be a full-time salaried officer of the University, and the
pay and allowances admissible to him as well as the terms and conditions of his service
shall  be  such  as  may  be  determined  by  the  State  Government.

(5) When  the office of  the Sama-Kulaguru falls vacant  or when  the Sama-Kulaguru
is,  by reasons  of  illness  or absence  or  any  other cause,  unable  to  perform the  duties  of
his  office,  the Kuladhipati, upon  the  recommendation  of  the Kulaguru may  appoint  a
suitable  person  qualified  to  be  appointed  as Sama-Kulaguru, to  officiate  as Sama-
Kulaguru, till  the Sama-Kulaguru resumes  office,  or  a  new Sama-Kulaguru assumes
duties,  as  the  case  may  be.

14. (1)  The Kulaguru shall  be  the  principal  academic  and  executive  officer  of  the
university  responsible  for  the  development  of  academic  programmes  of  the  university.
He  shall  oversee  and  monitor  the  administration  of  the  academic  programmes  and
general  administration  of  the  university  to  ensure  efficiency  and  good  order  of  the
university.

(2) He shall be entitled to be present, with the right to speak, at any meeting of any
other authority or body of the university, but shall not be entitled to vote thereat unless
he  is  the  chairman  or  member  of  that  authority  or  body.

(3) The Kulaguru shall have the power to convene meetings of any of the authorities,

bodies  or  committees,  as  and  when  he  considers  it  necessary  so  to  do.

(4) The Kulaguru shall  ensure  that  directions  issued  by  the Kuladhipati are  strictly

complied  with  or,  as  the  case  may  be,  implemented.

(5)  It  shall  be  the  duty  of  the Kulaguru to  ensure  that  the  provisions  of  the  Act,
Statutes, Ordinances  and Regulations are  strictly observed and  that the decisions  of the
authorities,  bodies  and  committees  which  are  not  inconsistent  with  the  Act,  Statutes,
Ordinances  or  Regulations  are  properly  implemented.

(6) The Kulaguru may  defer  implementation  of  a  decision  taken  or  a  resolution
passed  by  any  authority,  body  or  committee  of  the  university  if,  he  is  of  the  opinion
that  the  same  is  not  consistent  with  the  provisions  of  the  Act,  Statutes,  Ordinances  or
Regulations  or  that  such  decision  or  Resolution  is  not  in  the  interest  of  the  university
and at the earliest opportunity refer it back to the authority, body or committee concerned
for reconsideration in its next meeting with reasons to be recorded in writing. If differences
persist, he shall within a week, giving reasons, submit it to the Kuladhipati for decision
and  inform  about  having  done  so  to  the  members  of  the  authority,  body  or  committee
concerned. After receipt of the decision of the Kuladhipati, the Kulaguru shall take the
action  as  directed  by  the Kuladhipati and  inform  the  authority,  body  or  committee
concerned  accordingly.

(7)  If  there  are  reasonable  grounds  for  the Kulaguru to  believe  that  there  is  an
emergency  which  requires  immediate  action  to  be  taken,  he  shall  take  such  action,  as
he  thinks  necessary,  and  shall  at  the  earliest  opportunity,  report  in  writing  the  grounds
for his belief that there was an emergency, and the action taken by him, to such authority
or  body  as  would,  in  the  ordinary  course,  have dealt  with  the  matter.  In  the  event  of  a
difference  arising  between  the Kulaguru and  the  authority  or  body  whether  there  was
in  fact  an  emergency  or  on  the  action  taken  (where  such  action  does  not  affect  any

1997 : Mah. XXXIII] Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya

15

  (University)  Act,  1997

person  in  the  service  of  the  University),  or  on  both,  the  matter  shall  be  referred  to  the
Kuladhipati whose  decision  shall  be  final  :

Provided  that,  where  any  such  action  taken  by  the Kulaguru affects  any  person  in
the  service  of  the  university,  such  person  shall  be  entitled  to  prefer,  within  thirty  days
from the date on which he receives notice of such action, an appeal to the Kuladhipati.
(8) Where  any  matter  is  required  to  be  regulated  by  the  Statutes,  Ordinances  or
Regulations,  but  no  Statutes,  Ordinances  or  Regulations  are  made  in  that  behalf  the
Kulaguru may, for the time being, regulate matter by issuing such directions as he thinks
necessary,  and  shall,  at  the  earliest  opportunity  thereafter,  place  them  before  the
Vyavasthapana  Parishad or  other  authority  or  body  concerned  for  approval.  He  may,
at the same time, place before such authority or body for consideration the draft of the
Statutes, Ordinances or Regulations, as the case may be, required to be made in that behalf.
(9)  The Kulaguru shall  be  the  appointing  and  the  disciplinary  authority  for  the
university  teachers  on  the  recommendation  of  the  Selection  Committee  constituted  for
the  said  purpose.

(10) The Kulaguru shall  be  appointing  and  disciplinary  authority  for  officers  of  the
university  of  the  rank  of  Assistant Kulasachiva and  of  the  rank  equivalent  thereto  and
above.

(11) As the chairman of the authorities or bodies or committees of the university the
Kulaguru shall be empowered  to suspend a member  from the meeting of  the authority,
body  or  committee  for  persisting  to  obstruct  or  stall  the  proceedings  or  for  indulging
in  behaviour  unbecoming  of  a  member,  and  shall  report  the  matter  accordingly,  to  the
Kuladhipati.

(12) The Kulaguru shall  place  before  the Vyavasthapana  Parishad a  report  of  the

work  of  the  university  periodically  as  provided  under  the  Act.

(13)  The Kulaguru shall  exercise  such  other  powers  and  perform  such  other  duties

as  may  be  conferred  upon  him  by  or  under  the  Act.

(14) (a) The Kulaguru shall have the authority to cause an inspection to be made by
such  person  or  persons  or  body  of  persons  as  he  may  direct,  of  the  university,  its
buildings,  laboratories,  libraries,  museums,  workshops  and  equipment  and  of  any
institution,  affiliated,  conducted  college,  school, Pathashala, hall  or  hostel  maintained
or  recognised  by  the  university,  and  of  the  examinations,  teachings  and  other  work
conducted  by  or  on  behalf  of  the  university,  and  to  cause  an  inquiry  to  be  made  in  a
like  manner  regarding  any  matter  connected  with  the  administration  or  finance  of  the
university,  affiliated  college  or  recognised  institutions  :

Provided that, the Kulaguru shall, in the case of affiliated college or recognised insti-
tution, give notice to the management of such affiliated college or recognised institution,
or pathashala of  his  intention  to  cause  an  inspection  or  an  inquiry  to  be  so  made  :
Provided  further  that,  the  management  shall  have  right  to  make  such  representation

to  the Kulaguru as  it  thinks  necessary  before  such  inspection  or  inquiry  is  made;

(b) after  considering  such  representation,  if  any  made,  the Kulaguru may  cause

such  inspection  or  inquiry  to  be  made  or  may  drop  the  same  ;

(c) in  the  case  of  management  when  an  inspection  or  inquiry  has  been  caused  to
be  made,  the  management,  shall  be  entitled  to  appoint  a  representative,  who  shall
have  the  right  to  be  present  and  of  being  heard  at  such  inspection  or  inquiry;

(d) the Kulaguru may,  if  the  inspection  or inquiry  is  made  regarding  any  college
or  institution  admitted  to  the  privileges  of  the  university,  communicate  to  the
management  the  result  of  such  inspection  or  inquiry;

(e) the  management  shall  communicate  to  the Kulaguru such  action,  if  any,  as  it

proposes  to  take  or  has  been  taken  by  it;

Adhishthata.

16

Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya [1997 : Mah. XXXIII

  (University)  Act,  1997

(f)  where  the  management  does  not,  within  the  time  fixed  by  the Kulaguru, take
action to his satisfaction, the Kulaguru shall place before the Vyavasthapana Parishad
the inspection or inquiry report and explanation furnished or representation made by
the  management,  for  its  consideration.

15. (1) There shall be an Adhishthata (Dean) for each Sankaya (faculty). He shall be
an academic officer of the university and responsible for implementation of the academic
policies approved by the Vidvat Parishad in respect of academic development, maintenance
of  standards  of  teaching  and  research  and  training  of  teachers  within  his Sankaya.

(2) The Adhishthata of every Sankaya shall be nominated by the Kulaguru from the

teachers,  as  prescribed.

(3)  The Adhishthata shall  hold  the  office  for  a  period  of  five  years.
(4) The Adhishthata shall be responsible for the academic development of the Sankaya
and shall ensure proper implementation of the decisions of the Vyavasthapana Parishad
(Management  Council), Vidvat-Parishad (Academic  Council),  the Niyojana-Vikasa
Mandala (Board  of  University  Planning  and  Development),  the Pariksha  Mandala
(Board of Examinations) in respect of his Sankaya and the decisions of the Sankaya and
the Adhyayana  Mandalas (Boards  of  Studies)  under  his  purview.

(5) The Adhishthata shall enquire, on being directed by the Vidvat-Parishad, into any
malpractice related to any academic programme in his faculty by a university department,
affiliated  or  conducted  college  or  recognised  institution  or  school  or Pathashala and
report  the  findings  to  the Vidvat-Parishad.

Sanchalaka  of
Niyojana
Vikasa
Mandala.

16. (1) The Sanchalaka, Niyojana-Vikasa Mandala (Director, Board of Planning and
Development)  shall  be  nominated  by  the Kulaguru, from  amongst  teachers  of  the
university,  institution  of  departments  or  principals.

(2)  The Sanchalaka shall  be,—

(a) the  principal  academic  planning  and  academic  audit  officer  for  the  academic
development  programmes,  including  post-graduate  teaching,  research  and  extension
programmes  and  collaborative  programmes  of  the  university;

(b) along  with Niyojana-Vikasa  Mandala responsible  to  conduct  academic  audit
of university departments or institutions, recognised institutions, post-graduate centres
and  affiliated  colleges;

(c) responsible for ensuring that the decisions of the Board for long-term and short-
term development plans of the university and its affiliated colleges in their academic
programmes are duly processed and implemented through relevant authorities, bodies,
committees  and  officers;

(d) the  principle  liaison  officer  with  the  external  funding  agencies  for  generating
funds  for  the  collaborative  and  development  programmes  of  the  university  and
monitor  their  proper  utilisation;

(e) responsible  for  establishing  liaison  for  fostering  and  promoting  collaboration
between  the  university,  colleges,  schools  and Pathashala and  national  and
international  institutions  and  scientific,  industrial  and  commercial  organisations;

(f) responsible for submitting an annual report on the progress achieved in different
developmental  and  collaborative  programmes  to  the Kulaguru who  shall  place  the
same  before  the Vidvat-Parishad.

Kulasachiva,
appointment
and  duties.

17.  (1)  The Kulasachiva (Registrar)  shall  be  appointed  by  the Kulaguru on  the

recommendation  of  a  selection  committee  constituted  for the  purpose.

1997 : Mah. XXXIII] Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya

17

  (University)  Act,  1997

(2)  The Kulasachiva shall  be  the  Chief  Administrative  Officer  of  the  university.  He
shall  be    a  full-time  salaried  officer  and  shall  work  directly  under  the  superintendence,
direction  and  control  of  the Kulaguru.

(3) Appointment of the Kulasachiva shall be for a term of five years and he shall be
eligible for reappointment. The qualifications and experience for the purpose of selection
of  the Kulasachiva shall  be  as  laid  down  by  the  University  Grants  Commission  and
approved  by  the  State  Government  :

Provided  that  no  person  shall  hold  office  of  the  Registrar  beyond  the  age  of  sixty

years.

(4) When  the  office  of  the Kulasachiva falls vacant  or  when  the Kulasachiva is,  by
reason of illness or absence or any other cause, unable to perform the duties of his office
for  a  period  not  exceeding  six  months,  the Kulaguru shall  appoint  a  suitable  person  to
officiate  as  the Kulasachiva until  a  new Kulasachiva is  appointed  and  assumes  office
or  the Kulasachiva resumes  duty,  as  the  case  may  be.

(5)  The Kulasachiva shall  act  as Sachiva of Vyavasthapana  Parishad,  the  Vidvat
Parishad and  such  other  authorities,  bodies  and  committees  as  prescribed  by  or  under
this  Act

(6) The Kulasachiva shall  be  the  appointing  and  the  disciplinary  authority  of  the
employees  of  the  university  other  than  the  teachers,  non-vacation  academic  staff  and
officers  of  the  rank  of  Assistant  Registrar  and  other  officer  holding  posts  equivalent
thereto  or  above.  An  appeal  by  a  person  aggrieved  by  the  decision  of  the Kulasachiva
may  be  preferred  within  thirty  days  from  the  date  of  communication  of  such  decision,
to  the Kulaguru.

(7) Subject to the decisions of the authorities of the university, the Kulasachiva shall
have  the  power  to  enter  into  agreements,  sign  documents  and  authenticate  records  on
behalf  of  the  university.

(8) The Kulasachiva shall  be  the  custodian  of  the  records,  the  common  seal  and  such
other property of the university as the Vyavasthapana Parishad may, commit to his charge.
(9) The Kulasachiva shall prepare and update the Handbook of the Statutes, Ordinance
and  Regulations  approved  by  the  authorities,  bodies  or  committees  from  time  to  time,
and  make  them  available  to  all  the  respective  members  of  the  authorities  and  officers
of  the  university.

(10) The Kulasachiva shall  receive  complaints  and  suggestions  in  regard  to  the

improvement  of  administration  and  consider  them  for  appropriate  action.

(11) The Kulasachiva shall exercise such other powers and perform such other duties
as provided by or under this Act or assigned to him, from time to time, by the Kulaguru.
18. (1) (a) The  Pariksha  Niyantraka shall  be  appointed  by  the Kulaguru on  the

recommendations  of  a  selection  committee  constituted  for  the  purpose;

(b) The Pariksha Niyantraka shall be the principal officer-in-charge of the conduct
of  examinations  and  tests  of  the  university  and  declaration  of  their  results.  He  shall
discharge  his  functions  under  the  superintendence,  direction  and  guidance  of  the
Pariksha  Mandal. He  shall  be  a  full-time  salaried  officer  of  the  university  and  shall
work  directly  under  the  control  of  the Kulaguru;

(c) His  appointment shall be  for a term of  five years, and  he shall be  eligible for
re-appointment. The qualifications and experience for the purpose of selection of the
Pariksha  Niyantraka shall  be  such  as  may  be  prescribed.
(2) The Pariksha Niyantraka shall be the Sadasya-Sachiva (Member-Secretary) of the
Pariksha  Mandala (Board  of  Examinations)  and  of  the  Committees  appointed  by  the

Pariksha
Niyantraka.

18

Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya [1997 : Mah. XXXIII

  (University)  Act,  1997

board  except  the  committees  constituted  under  section  30(5)  (a)  for  appointment  of
paper-setters, examiners and moderators. He shall be responsible for prompt and proper
implementation  of  their  decisions.

(3) Without  prejudice  to  the  generality  of  the  provisions  of  sub-section (1)  (b), the
Pariksha  Niyantraka shall  be  responsible  for  making  all  arrangements  necessary  for
holding examinations and tests and declaration of results. It shall be his responsibility ,—

(a) to  prepare  and  announce  in  advance  the  calendar  of  examinations;
(b) to  arrange  for  printing  of  question  papers;
(c) to  arrange  to  get  performance  of  the  candidates  at  the  examinations  properly

assessed,  and  process  the  results;

(d) to arrange for the timely publication of results of examinations and other tests;
(e) to  postpone  or  cancel  examinations,  in  part  or  in  whole,  in  the  event  of
malpractice or if the circumstances so warrant and take disciplinary action or initiate
any  civil  or  criminal  proceedings  against  any  person  or  a  group  of  persons  or  a
college  or  an  institution  alleged  to  be  committed  malpractices;

(f)  to  take  disciplinary  action  on  the  recommendation  of  Disciplinary  Action
Committee against the candidates, paper setters, examiners, moderators, or any other
persons  connected with  examinations and  found guilty  of malpractices  in relation  to
the  examinations;

(g) to review, from time to time, the results of university examinations and forward

reports  thereon  to  the Pariksha  Mandala.
(4) The Pariksha Niyantraka shall exercise such other powers and perform such other
duties  as  may  be  prescribed  or  assigned  to  him,  from  time  to  time,  by  the Pariksha
Mandala.

19.  (1) The Granthapala shall be full time salaried officer of the university. He shall

work  directly  under  the  control  of  the Kulaguru.

(2)  The Granthpala shall  be  appointed  by  the Kulaguru on  the  recommendation  of
a  Selection  Committee  constituted  for  the  purpose.  His  qualifications,  emoluments  and
terms  and  conditions  of  service  shall  be  as  recommended  by  the  University  Grants
Commission  and  approved  by  the  State  Government.

(3) When the office of the Granthapala falls vacant, or when the Granthapala is, by
reason of illness or absence or any other cause unable to perform the duties of his office,
such duties shall be performed for the time being, by such person as the Kulaguru may
appoint, for the purpose, for a period not exceeding six months or until a new Granthapala
is  appointed,  or  the Granthapala resumes  his  duties,  whichever  is  earlier.

(4) The Granthapala shall be responsible for the development, modernization, upkeep
and  management  of  the  university  library  or  libraries  and  shall  be  responsible  for
collections and preservation of manuscripts, and offer his help and advice in this respect
to  the  librarians  or  libraries  of  affiliated  college  or  recognised  institution,  school  and
Pathashalas.

(5) The Granthapala shall be custodian of all books, periodicals, manuscripts, journals
and  library  equipment,  and  shall  ensure  that  no  irregularities  take  place  and  that  the
books,  periodicals,  manuscripts,  journals  and  library  equipment  are  not  lost.  He  shall
cause  periodical  verification  of  stock.  He  shall  have  the  right  to  advise  the  university
on  all  matters  including  those  for  mobilising  additional  resources  to  meet  the
developmental  expenditure  of  the  university  library  or  libraries.

Granthapala,
appointment
and  duties.

Vitta-Lekha
Adhikari.

1997 : Mah. XXXIII] Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya

19

  (University)  Act,  1997

(6) The Granthapala shall  be  the Sadasya-Sachiva of  the Granthalaya  Samiti and
shall  ensure  proper  implementation  of  the  decisions  taken  by  the Granthalaya  Samiti.
20.    (1) (a) The Vitta-Lekha-Adhikari shall  be  the  principal  finance,  accounts  and
audit  officer  of  the  university.  He  shall  be  full  time  salaried  officer  and  shall  work
directly  under  the  control  of  the Kulaguru;

(b) The Vitta-Lekha  Adhikari shall  be  appointed  by  the Vyavasthapana  Parishad
either  by  nomination  or  by  obtaining  the  services  of  a  suitable  officer  on  deputation
from  the  Government  of  India  or  the  State  Government.

(2) The Vitta-Lekha Adhikari shall be the Sadasya-Sachiva of the Vitta-Lekha Samiti.
He  shall  have the  right  to  be  present, speak  and  otherwise  take  part in  the  proceedings
of  the Vyavasthapana  Parishad on  matters  which  have  financial  implications  but  shall
not  be  entitled  to  vote.

(3) The Vitta-Lekha  Adhikari shall  maintain  minutes  of  the  meetings  of Vitta-Lekha

Samiti and  the  sub-committees  appointed  by  the Vitta-Lekha  Samiti.

(4) The Vitta-Lekha  Adhikari shall  be  responsible  for  presenting  the  annual  budget,
statement  of  accounts  and  audit  reports,  to  the Vitta-Lekha  Samiti and  to  the
Vyavasthapana  Parishad.

(5) The  duties  of  the Vitta-Lekha  Adhikari shall  be  to,—

(a) exercise general supervision over the funds of the university, and shall advice

the Kulaguru as  regards  the  finances  of  the  university;

(b)  hold  and  manage  the  funds,  property  and  investments,  including  trust  and

endowed  property,  for furthering  any  of  the  objects  of  the  university;

(c) ensure  that  the  limits  fixed  by  the  university  for  recurring  and  non-recurring
expenditure  for  a  year  are  not  exceeded,  and  that  allocations  are  expended  for  the
purposes  for  which  they  are  granted  or  allotted;

(d) keep  watch  on  the  state  of  the  cash  and  bank  balances  and  of  investments;
(e) keep  watch on  the  progress  of collection  of  revenue  and advice  the Kulaguru

on  the  methods  to  be  employed  for  collection;

(f)  have  the  accounts  of  the  university  audited  regularly;
(g) ensure  that  the  registers  of  buildings,  land,  equipment  and  machinery  are
maintained up-to-date and that the stock taking of equipments and other consumable
material  in all  offices, colleges,  workshops and  stores  of the  university is  conducted
regularly;

(h) propose to the Kulaguru that explanation be called for unauthorised expenditure

or  other  financial  irregularities,  from  any  academic  member  of  university;

(i) propose  to the Kulasachiva that  explanation be  called  from any  non-academic
member  for  unauthorised  expenditure  or  irregularities  in  any  particular  case,  and
recommend  disciplinary  action  against  the  persons  at  fault;

(j) call for from any office, centre, laboratory, college, department of the university
or university institution, for any information and returns that he thinks necessary for
the  proper  discharge  of  his  financial  responsibilities;  and

(k) exercise such other powers, perform such other duties, and discharge such other
financial  functions  as  are  assigned  to  him  by  the Kulaguru or  are  prescribed  by  the
Ordinances;

(l)  ensure  conduct  of  internal  audit.

21.

(1)  Sanchalaka,  Chhatra  Kalyana shall  be  nominated  by  the Kulaguru, from
amongst the teachers. The emoluments, terms and conditions of service and powers and
duties shall be as prescribed by the Acts. He shall work directly under the control of the
Kulaguru.

Sanchalaka,
chhatra
kalyana.

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(2) The Sanchalaka shall hold office for a term of two years and shall be eligible or

re-appointment.

Sanchalaka,
Vistar  Seva
Mandal.

22. (1) The Sanchalaka, Vistar  Seva Mandala shall be  a full time  salaried academic
officer  and  shall  be  appointed  by  the Kulaguru on  the  recommendation  of  a  selection
committee,  consisting  of  —

(a)  the Kulaguru—Adhyaksha;
(b) two  experts  in  the  filed  of  extension  services  in Sanskrit nominated  by  the

Vyavsthapana  Parishad;

(c) one  nominee  of  the Vistar  Seva  Mandal.

(2) The emoluments  and terms  and conditions  of service  of the Sanchalaka shall  be

prescribed  by  the  Ordinances.

(3)  The Sanchalaka shall  be  the Sadasya  Sachiva of  the Vistar  Seva  Mandal and
shall  be  responsible  for  organising  and  co-ordinating  various  extension  programmes  in
Sanskrit and allied-subjects under the overall guidance and advice of the Board. He shall
prepare  annual  report  of  the  extension  service  of  the  university  for  the  approval  of  the
Board  and  for  submission  to  the Vyavasthapana  Parishad.

(4) The Sanchalaka,  Vistar  Seva  Mandal shall  work  directly  under  the  control  of

Kulaguru.

23.  All  salaried  officers,  members  of  the  authorities,  committees  or  bodies,  teachers
of  the  university  and  other  employees  of  the  university,  shall  be  deemed  to  be  public
servants  within  the  meaning  of  section  21  of  the  Indian  Penal  Code.

XLV
o f
1860.

CHAPTER IV.
AUTHORITIES OF THE UNIVERSITY.

24.  The  following  shall  be  the  authorities  of  the  university,  namely  :--
(1)  the Vyavasthapana  Parishad (the  Management  Council);
(2) the Vidvat-Parishad  (the  Academic  Council);
(3) the Sankaya  (Faculties);
(4) the Adhyayan  Mandala (the  Boards  of  Studies);
(5) the Pariksha  Mandala (the  Boards  of  Examination)
(6) the Niyojana-Vikas  Mandala (the  Board  of  Planning  and  Development  of  the

University);

(7)  the Vistar  Seva  Mandal (the  Board  of  Extension  services);
(8)  such  other  bodies  of  the  university  as  are  designated  by  the  Statutes  to  be  the

authorities  of  the  university.

1

[24A. Notwithstanding  anything  contained  in  any  other  provisions  of  this  Act,  in
consultation with the Kuladhipati, the State Government may, by an order published in
the Official Gazette, specify  the eligibility conditions for being appointed or nominated
as  a  member  of  any  authority  of  the  university.]

25. (1) The Vyavasthapana  Parishad shall  be  the  principal  executive  authority  to
manage, lay  down policy  and formulate  Statutes and  Ordinances, administer  the affairs
of  the  university  and  shall  carry  out  such  duties  which  are  not  specifically  assigned  to
any  other  authority.

1 Section  24A  was  inserted  by  Mah.  14  of  2009,  s.  15.

Officers,
members  of
authorities,
bodies and
employees  of
university  as
public  servant.

Authorities
of  university.

Power  of
Government
to  specify
eligibility
conditions
for  being
member  of
any  authority
of  university.
Vyavasthapana
Parishad.

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21

  (University)  Act,  1997

(2)  It  shall  consist  of  the  following  members,  namely  :—

(i)  Kulaguru—Adhyaksha  (Ex-officio)
(ii) Sama-Kulaguru  —  Sadasya  (Ex-officio);
(iii)  one Adhishthata as  prescribed  by  Statutes;
(iv) one person nominated by the Kuladhipati preferably from amongst the members

of  the Sanskrit  Sthai  Samiti of  the  Government  of  Maharashtra;

(v) one member of the Maharashtra Legislative Assembly to be nominated by the

speaker  of  the  Maharashtra  Legislative  Assembly;

(vi)  one  member  of  the  Maharashtra  Legislative  Council  to  be  nominated  by  the

chairman  of  the  Maharashtra  Legislative  Council;

(vii) the Secretary, Higher Education or his nominee not below the rank of Deputy

Secretary (Ex-Officio);

(viii) the Director of Higher Education or his nominee not below the rank of Joint

Director  of  Higher  Education (Ex-officio);

(ix) one  Head  of  the  University  Department  as  prescribed  by  statutes;
(x)  one  Head  of  a  college,  institute,  or Pathashala as  prescribed  by  Statutes;
(xi)  one  teacher  from  the  University  Departments  as  prescribed  by  statutes;
(xii) one  teacher  who  is  not  principal  from  amongst  the  teachers  of  the  affiliated
colleges and recognised institutions with ten years teaching experience as prescribed
by  statutes;

(xiii) one Adhyaksha of Adhyayan  Mandala as prescribed  by  statutes;
(xiv) one  member  of  the Vidvat-Parishad nominated  by  the Kulaguru;
(xv)  Sanchalaka—Niyojana-Vikasa  Mandala  (Ex-officio).

(3) The Kulasachiva of the university shall be ex-officio Secretary of the Vyavastha-

pana  Parishad, but  shall  not  have  the  right  to  vote.

(4) The Vitta-Lekha Adhikari and the Pariksha Niyantraka shall be permanent invitees

of  the Vyavasthapana  Parishad, but  they  shall  have  no  right  to  vote.

(5)  There  shall  be  not  less  than  four  meetings  of  the Vyavasthapana  Parishad in a
year  and  the  rules  of  procedure  for  conduct  of  business  to  be  followed  at  a  meeting
including  the  quorum  at  the  meeting  and  such  other  matters  in  relation  to  meetings  as
may  be  necessary  shall  be  such  as  may  be  prescribed.

26. The Vyavasthapana Parishad shall exercise the following powers and perform the

following  duties,  namely  :—

(1) make such provisions, as may enable colleges, institutions, schools and Pathashalas
to  undertake  specialised  studies,  and  where  necessary  or  desirable,  organise  and  make
provision for common laboratories, libraries, museums and equipments for teaching and
research;

(2) establish departments,  colleges, schools, institutions of higher learning, research

and  specialised  studies,  on  the  recommendation  of  the Vidvat-Parishad;

(3) make,  amend  or  repeal  Statutes  and  Ordinances;
(4) hold,  control  and  arrange  for  administration  of    assets  and  properties  of  the

university;

(5)  consider  and  approve  the  budget    estimates  prepared  by  the Vitta-Lekha  Samiti

with  its  own  modifications,  if  any;

(6)  enter  into,  vary,  carry  out  and  cancel  contracts  on  behalf  of  the  university;
(7) determine the forms of common seal for the university, and provide for its custody

and  use;
H  6-4

Powers  and
duties  of
Vyavasthapana
Parishad.

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(8) accept, on behalf of the university, trusts, bequests, donations and transfer of any

movable  or  immovable  property  to  the  university  ;

(9) transfer by  sale, or  otherwise, any  movable property  on behalf  of the  university;
(10) borrow, lend or invest funds on behalf of the university as recommended by the

Vitta-Lekha  Samiti;

(11) lay  down  policy  for  administrating  funds  at  the  disposal  of  the  university  for

specific  purposes;

(12) provide buildings, premises, furniture, apparatus and other means needed for the

conduct  of  the  work  of  the  university;

(13) confer  honorary  degrees  and  academic  distinctions,  institute  and  confer  such
degrees,  diplomas,  certificates,  honorary  degrees  and  other  academic  distinctions  as
recommended by the Vidvat-Parishad and arrange for convocation for conferment of the
same,  as  prescribed  by  the  Ordinances;

(14) institute fellowships, travelling fellowships, scholarships, studentships, exhibitions,
awards, medals and prizes, and prescribe rules therefor in accordance with the Regulations
made  in  this  behalf;

(15)  make  Regulations  for  collaboration  with  other  universities,  institutions  and
organisations  for  mutually  beneficial  academic  programmes  on  the  recommendation  of
the Niyojana-Vikasa  Mandala;

(16) create  posts  of  university  teachers  and  non-vacation  academic  staff  on  the

recommendation  of  the Vidvat-Parishad as  and  when  required;

(17) lay  down by  Statutes,  on the  basis  of  qualification and  terms  and conditions  of
service and other  guidelines approved by the  State Government from time  to time, and
the  procedure  for  appointment  of  university  teachers  and  non-vocation  academic  staff
and  fix  their  emoluments  and  norms  of  workload  and  conduct  and  discipline;

(18) create  posts  of  officers  and  other  employees  of  the  university;
(19)  lay  down  by  Statutes  the  procedures  for  appointment  of  officers  and  other
employees  of  the  university,  qualifications,  mode  of  recruitment,  pay  scales,  terms  and
conditions  of  service  including  conduct,  discipline  and  their  duties;

(20) prescribe  by  Statutes  procedure  for  appointment  of  teachers,  officers  and  other
employees  in  all  institutions  and  colleges,  schools  and Pathashalas affiliated  to  the
university,  terms  and  conditions  of  their  service  and  rules  and  procedures  for  their
appointments;

(21) prescribe  fees  and  other  charges;
(22) prescribe honoraria, remunerations and fees and travelling and other allowances
for  paper-setters,  examiners  and  other  examination  staff,  visiting  faculty  and  for  such
other  services  rendered  to  the  university;

(23) receive and consider report of the working of the university from the Kulaguru

periodically  as  provided  by  the  Ordinances;

(24) consider and approve the academic calendar of the university as per the Statutes,
and  guidelines  from  the  University  Grants  Commission  for  next  academic  year  before
the  expiry  of  the  current  academic  year;

(25)  consider  the  perspective  plan  for  the  academic  development  of  the  university,

prepared  by  the Niyojana-Vikasa  Mandala;

(26) assess  and  approve  the  feasibility  of  proposals  from  the Vidvat-Parishad for

academic  programmes;

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23

  (University)  Act,  1997

(27) consider  and  adopt  the  annual  report,  annual  accounts  and  audit  report;

(28) cause  an  inquiry  to  be  made  in  respect  of  any  matter  concerning  the  proper
conduct,  working  and  finances  of  colleges,  institutions,  schools  and pathashalas or
department  of  the  university;

(29) delegate, any of its powers, except the power to make, amend or repeal Acts, to
the Kulaguru or such officer or authority of the university or a committee appointed by
it,  as  it  thinks  fit;

(30) approve  the  budget  estimate  prepared  by  the Vitta-Lekha  Samiti.

27.  (1)  The Vidvat-Parishad shall  be  responsible  for  laying  down  the  academic
policies in regard to  maintenance  and improvement of standards  of teaching, research,
collaboration programmes in academic matters and evaluation of workload of the teachers.

Vidvat-
Parishad.

(2)  It  shall  consist  of  the  following  members,  namely  :—

(a) the Kulaguru—Adhyaksha;
(b) the Sama-Kulaguru; .
(c) the Adhishthatas of  the Sankayas;
(d) the Adhyakshas of  the Adhyayana  Mandalas;
(e) the Sanchalaka of  the Vistara  Seva  Mandala;
(f) one  principal  each  of  the  conducted  or  affiliated  colleges,  institutions  or

pathashalas to  be  nominated  by  rotation  as  prescribed  by  statutes;

(g) one  professor  from  amongst  the  professors  in  the  university  departments  or

institutions,  nominated  by  the Kulaguru;

(h) one  teacher  representing  each  faculty  to  be  co-opted  by  the Vidvat-Parishad
from  amongst  the  teachers  having  not  less  than  10  years’  teachers  experience,  other
than principals of colleges, Heads of university departments and Heads of recognised
institutions  as  prescribed  by  statutes;

(i)  one  head  of  an  academic  services  unit  of  the  university,  nominated  by  the

Kulaguru;

(j) two scholars nominated by the Kuladhipati from amongst the Sanskrit institution

in  the  State;

(k) two  eminent Sanskrit scholars  nominated  by  the Kulaguru;
(l) the Director of Higher Education, Maharashtra State or his nominee not below

the  rank  of  Joint  Director  Higher  Education  or  his  nominee;

(m) Honorary Sanskrit Organiser,  if  any,  of  the  Government  of  Maharashtra.

(3) The Kulasachiva shall act as the Secretary of  the Vidvat-Parishad, but shall have

no  right  to  vote.

(4)  The Vidvat-Parishad shall  meet  at  least  twice  a  year.

28. (1) The Vidvat-Parishad shall be the principal academic authority of the university
and  shall  be  responsible  for  regulating  and  maintaining  the  standards  of  teaching,
research  and  examinations  in  the  university.

Powers  and
duties  of
Vidvat-
Parishad.

(2) Without prejudice to the generality of the foregoing provisions, the Vidvat-Parishad

shall  exercise  the  following  powers  and  perform  the  following  duties,  namely  :—

(a)  recommend  in  the Vyavasthapana-Parishad regarding  institution  of  degrees,

diplomas,  certificates  and  other  academic  distinctions;

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(b) recommend to the Vyayasthapana-Parishad to make, amend or repeal Acts on

issue  related  to  academic  matters;

(c) make, amend or repeal Regulations on matters specified in section 48 of this Act;
(d) allocate  subjects  to  the  faculties;
(e) make  proposals  for  the  establishment  of  conducted  colleges,  schools,
departments, institutions of higher learning, research and specialised studies, academic
services  units,  libraries,  laboratories  and  museums  in  the  university;

(f)  consider  and  make  recommendations  regarding  new  proposal  for  creation  of
professorships, associate professorships, readerships, lectureships and non-vocational
academic  staff  required  by  the  university;

(g)  recommend  to  the  State  Government  or  otherwise  of  the  qualifications  as
prescribed  by  the  University  Grants  Commission  for  different  categories  of  teachers
and  non-vocational  academic  staff,  and  for  a  particular  post  in  these  categories,
whether in  the university  or in  any affiliated  college or  a recognised  institution, and
prescribed  additional  qualifications,  if  any;

(h) make proposals to the Vyavasthapana-Parishad for the institution of fellowships,
travelling fellowships, scholarship, studentships, medals and prizes and make regulation
for  their  award;

(i) prescribe qualifications and norms for appointment of paper-setters, examiners,

moderators  and  others,  concerned  with  the  conduct  of  examinations;

(j)  appoint  committees  to  review  periodically  the  utility  and  practicability  of  the
existing courses of study and the desirability or necessity of reviewing or modifying
them  in  the  light  of  new  knowledge  or  changing  societal  requirements;

(k) make  proposal  for  the  conduct  of  interfaculty  and  area  or  regional  studies,

common  facilities,  such  as  hobby  centres,  museums,  etc.;

(l)  prescribe  norms  for  recognition  of  any  member  of  the  staff  of  an  affiliated

college  or  recognised  institution  as  a  teacher  of  the  university;

(m) prescribe  norms  for  granting  affiliation,  continuation  of  affiliation,  extension
of  affiliation  to  colleges,  and  recognisation,  continuation  of  recognisation,  extension
of recognition to institutions of Sanskrit learning and research or specialised studies;
(n)  grant  affiliation  to  colleges  or  institutions  in  accordance  with  the  provisions

of  the  Statutes,  Ordinances  and  Regulations;

(o) accord  recognition  to  institutions  of Sanskrit learning,  research  or  specialised

studies  as  prescribed;

(p) make  proposals  to  the Vyavasthapana-Parishad to  prescribe  fees  and  other

charges;

Pariksha
Mandala.

(g) generally,  advice  the  university  on  all  academic  matters  and  submit  to  the

Vyavasthapana-Parishad feasibility  reports  on  academic  programmes;

(r) exercise such other powers and perform such other duties as may be conferred

or  imposed  on  it  by  or  under  this  Act,  the  Statutes,  Ordinances  and  Regulations.
29. (1) The Pariksha Mandala shall be the authority for conducting the examinations
and making policy decisions in regard to organising and holding examinations, improving
the system of examination, appointing the papersetters, examiners, moderators and also
prepare the schedule of dates of holding examinations and declaration of the results. The
Pariksha  Mandala shall  also  oversee  and  regulate  the  conduct  of  examinations  in  the
institutions,  colleges, pathashalas and  university  departments.

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25

  (University)  Act,  1997

(2) The Pariksha  Mandala shall  deal  with  all  the  matters  in  relation  to  examination
and  shall  hear  and  decide  the  complaint  received  pertaining  to  any  matter  arising  out
of  conduct  of  examinations.

(3)  The Pariksha  Mandala shall  consist  of  the  following  members,  namely  :—

(a)  Kulaguru, Chairman;
(b)  Sama-Kulaguru, if  any;
(c) the Adhishthatas of  the Sankaya;
(d) one  head  of  university  department,  not  below  the  rank  of  Reader,  nominated

by  the Kulaguru;

(e)  one  principal  other  than Adhishthata nominated  by  the Vidvat-Parishad;
(f) one teacher other than the heads of departments or principals, nominated by the

Vidvat-Parishad;

(g) Director  of  Higher  Education;  or  his  nominee  not  below  the  rank  of  Joint

Director;

(h)  Pariksha  Niyantraka, Member-Secretary.

30. (1) The Pariksha Mandala shall ensure proper organisation of re-examinations and
tests  of  the  university,  including  moderation,  tabulation  and  the  declaration  of  results.

(2)  The  Mandala shall  meet  at  least  once  in  each  academic  terms.
(3) In particular and without prejudice to the generality of duties as mentioned in sub-

section  (1),  the Mandala shall  exercise  the  following  duties,  namely  :—

Powers  and
duties  of
Pariksha
Mandala.

(a) to  appoint  papersetters,  examiners  and  moderators  from  amongst  the  persons
included  in  the  panels  prepared  by  the  respective Adhyayana  Mandala and,  where
necessary,  having  regard  to  the  recommendations  made  by  the  committee  under
clause (b) of  sub-section (6) remove  them  or  debar  them;

(b) to  undertake,  exercise  and  experiment  in  examination  reforms;
(c) to  exercise  such  other  powers  in  relation  to  examinations  as  may  be  assigned

to  it  by  or  under  the  Ordinance.
(4) In case of any emergency requiring immediate action to be taken, the Adhyaksha
of  the Mandala or  any  other  officer  or  person  authorised  by  him  in  that  behalf,  shall
take  such  action  as  he  thinks  fit  and  necessary,  and  shall  report  at  the  next  meeting  of
the Mandala the  action  taken  by  him.

(5) (a) In  order  to  appoint  paper-setters,  examiners  and  moderators,  the Pariksha

Mandala shall  constitute  committee,  for  every  subject  consisting  of,—

(i) the Sama-Kulaguru, if  any, Adhyaksha;
(ii)  the Adhishthata of  the  concerned Sankaya;
(iii) the Adhyaksha of  the  concerned Adhyayana  Mandala;
(iv) one member of the Adhyayana Mandala nominated by it from amongst its

members;
(b)  The  Pariksha  Niyantraka shall  act  as  Secretary  of  such  committees;
(c) The committees shall prepare lists of persons for various examinations and tests,
from  amongst  persons,  included  in  the  panels  to  be  prepared  by  the Adhyayana
Mandala; and shall submit them  to the Pariksha Mandala, which shall  then appoint
paper-setters,  examiners  and    moderators  and  where  necessary  referees;

(d) The  committee  shall  obtain  three  sets  of  question  papers  in  sealed  covers  in
the respective subject. The Adhyaksha of the committee shall draw at random one of
such  sealed  covers  containing  question  papers.  This  sealed  cover  with  seals  intact
shall  then  be  sent  to  the  press.

Sankaya.

Powers  and
duties  of
Sankaya.

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(6) (a) In order to investigate and take disciplinary action for malpractices and lapses
on the part of candidates, paper-setters, examiners, moderators, referees, teachers or any
other  person  connected  with  the  conduct  of  examinations, Pariksha  Mandala shall
constitute  a  committee  of  not  more  than  five  persons  of  whom  one  shall  be  Chairman;
(b) Such a committee shall submit its report and recommendations to the Pariksha

Mandala which  shall  take  disciplinary  action  in  the  matter  as  it  deems  fit.
(7)  The Pariksha  Mandala shall  prepare  the  financial  estimates  for  incorporation  in
the  budget  of  the  university  and  shall  submit  the  same  to  the Vitta-Lekha  Adhikari.

(8) The Mandala shall  arrange  for  strict  vigilance  during  the  conduct  of  the
examinations  so  as  to  avoid  use  of  unfair  means  by  the  students,  teachers,  invigilators,
supervisors,  etc.

31. (1)  The Sankayas (Faculties)  shall  be  the  principal  academic  co-ordinating
authorities of the university in respect of studies and research in relation to the subjects
included  in  the  faculty,  and  also  in  respect  of  studies  and  research  in  multi-faculties.
(2)  The  university  shall  have  such  faculties  as  are  prescribed  by  the  Statutes.
(3) A faculty shall be constituted, divided, combined with or abolished, only with the

approval  of  the Vidvat-Parishad and  as  prescribed  by  the  Statutes.

(4) The  faculty  shall  comprise  of  such  subjects  as  are  prescribed  by  the  Statutes.
(5)  the  faculty  shall  consist  of  the  following  members  —

(a) the Adhishthata of  the  faculty ex-officio Chairman,  to  be  nominated  by  the
Kulaguru from amongst the Professor or the Readers having not less than ten years’
teaching  experience;

(b) Chairman  of  each Adhyayana  Mandala for the  subjects  comprised  in  the

faculty;

(c) three  members  of  each Adhyayana  Mandala,

to  be  nominated  by  the

Adhishthata.
32.    The Sankaya shall  have  the  following  powers  and  duties,  namely  :  —

(a)  to  consider  and  report  on  any  matter  referred  to  it  by  the Vyavasthapana

Parishad,  Vidvat-Parishad, or Niyojana-Vikasa  Mandala;

(b) to consider and approve recommendations of the Adhyayana Mandalas in the
faculty, and matters related to more than one Adhyayana Mandalas not affecting any
other  faculty  and  recommend  to  the Vidvat-Parishad for  action  as  it  thinks  fit;

(c) to  consider  and  recommend  to  the Vidvat-Parishad, the  academic  matters
within  its  purview,  which  effect  any  other  faculty  or  faculties  or  which  involve
administrative  or  financial  implications;

(d) to  consider  and  recommend  to  the Vidvat-Parishad establishment  of  new
courses, inter-disciplinary courses and short-term training programmes, referred to it
by  the  Boards  of  Studies;

(e) to make recommendations to the Vidvat-Parishad in respect of the requirements
regarding the conduct of postgraduate or undergraduate instruction, teaching, research
and  training  in  the  university  institutions  or  departments,  affiliated  colleges  and
recognised  institutions,  schools  and Pathashalas;

(f)  to  ensure  that  guidelines  and  rules  framed  for  the  following  matters  by  the

Vidvat-Parishad are  implemented,  namely  :—

(i)  long-term  curriculum  development;

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27

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(ii) faculty  development;
(iii) teaching  or  learning  material  development;
(iv) research  in  educational  matters    with  particular  reference  to  colleges  ;
(g)  to  plan  and  organise  inter-departmental  and  inter-faculty  programmes  in
consultation  with  the Adhyayana  Mandala, other  faculties,  and Niyojana-Vikasa
Mandala;

(h) to recommend to the academic staff college and the Vidvat-Parishad regarding
organisation of refresher and orientation course for teachers of affiliated colleges and
university  departments  especially  for  the  revised  or  newly  introduced  or  inter-
disciplinary  courses  of  studies;

(i)  to  prepare  and  submit  the  annual  report  of  the  functioning  for  the  faculty  to

the Kulaguru;

(j)  to  consider  any  other  academic  matter  which  may  be  referred  to  it.

33. (1) There shall be an Adhyayana Mandala (Board of  Studies) for  every subject

or  group  of  subjects,  as  prescribed.

(2) The Adhyayana  Mandala shall  consist  of,—

(a) the  Head  of  the  university  department  or  institution  in  the  relevant  subjects:
Provided that, where there is no university department in the subject, the Mandala
shall at its first meeting co-opt the Head of the Department from an affiliated college
having  postgraduate  teaching  in  that  subject.

(b) three Heads of  Departments in affiliated and conducted  college as prescribed.

(3)  The Mandala, at  its  first  meeting,  shall  co-opt,—

(a) one  teacher  having  not  less  than  ten  years  teaching  experience  from  amongst

the  teachers  in  the  university  Department  who  is  not  a  Head  of  the  Department;

(b) one teacher having not less than ten years teaching experience, from amongst

the  teachers  of  affiliated  or  conducted  colleges  having  teaching  in  the  subject;

(c) one  teacher having not  less then ten  years teaching experience,  from amongst

the  teachers  of  the  affiliated Pathashalas.
(4) The Chairman of the Mandala shall be nominated by the Kulaguru from amongst

its members.

Adhyayana
mandalas.

34. The Adhyayana Mandala shall have the following powers and duties, namely :—
(a) to recommend, upon reference to it by the Vyavasthapana Parishad or Vidvat-
Parishad or the Sankaya concerned or otherwise, the courses of study in the subject
or  group  of  subjects  within  its  purview;

(b) to recommend  books,  including text-books,  supplementary reading, reference

Powers  and
duties  of
Adhyayana
mandalas.

books  and  other  material  for  such  courses  of  study;

(c)  to  recommend  to  the Vidvat-Parishad for  its  approval  the  preparation  and
publication  of  selections  or  anthologies  or  writing  or  work  of  authors  and  other
masters as well as material consequent to curriculum development by the teachers of
the  university  for  its  introduction  in  the  syllabis  of  the  courses  of  study  under  the
purview  of  the  Board  in  accordance  with  the  Regulations  made  by  the Vidvat-
Parishad in  that  respect;

(d) to  advise  the  faculty or faculties concerned  regarding  improvements  in  the

courses  of  study;

(e) to  recommend  names  of  suitable  persons  for  inclusion  in  the  panels  for
appointment of paper-setters, examiners and moderators at the university examinations
in  the  subject  by  the Pariksha Mandala;

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(f)  to  recommend  to  the Pariksha  Mandala, names  of  persons  suitable  for
appointment as referees for evaluation of theses and dissertations and for conduct of
viva-voce examinations,  wherever  prescribed,  for  awarding  postgraduate,  doctorate
and  higher  degrees  ;

(g) to  suggest  organisation  of  orientation  and  refresher  courses  in  the  subject;
(h) to  prepare  requirements  in  respect  of teaching  of  the  subject  at  various  levels
in  respect  of  teachers  and  their  qualifications,  library,  laboratory  equipment  and
consumables  for  formulating  the  norms  and  requirements  for  granting  affiliation  or
extension  or  continuation  of  affiliation  to  colleges  and  for  granting  recognition  or
extension  or  continuation  of  recognition  to  institutions  by  the  university.

Vistara  Seva
Mandala.

35.  (1) There shall be a Vistara Seva Mandala (Board of Extension Services) of the
university to oversee the various academic and extension programmes of the university.
The Mandala shall  consist  of,  —

(a) The Kulaguru—Adhyaksha;
(b) three  persons,  engaged  in  the  field  of  extension  services  in  Sanskrit  who  are

residents  within  the  university  area,  nominated  by  the Kulaguru;

(c) the Director of Higher Education or his nominee not below the rank of Deputy

Director;

(d) one of the Station Directors of All India Radio (Akashavani) in the university
area, to be nominated by the Kulaguru in consultation with the Central Government;

(e)  Sanchalaka,    Vistara  Seva  Mandala—Sadasya-Sachiva.

(2) The Mandala shall  meet  at  least  twice  a  year.

(3) The Mandala shall prepare an annual programme of its activities and shall review

the  same  periodically.

36. The  constitution,  powers  and  the  functions  or  duties  of  the  authorities  of  the
university, not laid down by any of the provisions of this Act shall be as prescribed by
statutes.

37.   Save  as  otherwise  provided  by  or  under  the  provisions  of  this  Act,  the  term  of
office  of  the  nominated,  appointed  or  co-opted  members  of  any  authority  shall  be  five
years  from the date of its first meeting, irrespective of the date on which a member enters
upon  his  office.

38. Notwithstanding  anything  contained  in  this  Act  or  the  Statutes  made  there-
under,  where  a  person,  appointed,  nominated  or  co-opted  as  an  officer  of  university  or
a  member  of  any  of  the  authorities  or  bodies  of  the  university  by  virtue  of  his  being
eligible to be so appointed, nominated or co-opted as such an officer or a member under
any of the categories of officers or members specified by or under the relevant provisions
of  this  Act  in  relation  to  such  office,  authority  or  body,  he  shall  cease  to  be  such  an
officer of the university or a member of such an authority or a body as soon as he ceases
to belong to such category and shall be deemed to have vacated his office as such officer
or member.

39.    A  person  shall  be  disqualified  for  being  a  member  of  any  of  the  authorities  of

the  university,  if  he—

(a) is  of  unsound  mind  and  stands  so  declared  by  a  competent  court;
(b)  is  an  un-discharged  insolvent;
(c)  has  been  convicted  of  any  offence  involving  moral  turpitude;

Powers,
functions  and
duties  of
authorities.
Term  of
office  of
members  of
authority.

Cessation  of
membership.

Disqualifica-
tion    for
membership
of  authority.

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29

  (University)  Act,  1997

(d) is  conducting,  or  engaging  himself  in,  private  tuitions  or  private  coaching

classes;

(e) has  been  punished  for  indulging  in,  or  promoting,  unfair  practices  in  the

conduct  of  any  examination  in  any  form  anywhere.

40.  Save as otherwise provided by or under the provisions of this Act, each authority
of  the  university  while  acting  and  exercising  its  powers  and  discharging  its  functions
or  duties  assigned  to  it  by  or  under  the  provisions  of  this  Act  shall  have  the  exclusive
jurisdiction  to  deal  with  and  decide  the  matters  assigned  to  it.

Conclusive-
ness  of
decision  of
authority.

41. (1) A member, other than an ex-officio member, may resign by writing under his
signature.    A  nominee  of  the Kuladhipati may  resign  by  addressing  to  the Kuladhipati
and any other member may resign by addressing to the Kulaguru. The person shall cease
to be a member upon his resignation being accepted by the Kuladhipati or the Kulaguru,
as  the  case  may  be.

Resignation
of  member-
ship.

(2) If  a  person  nominated,  appointed  or  co-opted  to  an  authority  or  body  remains
absent without prior permission of the authority or body for three consecutive meetings,
he shall be deemed to have vacated his membership and he shall cease to be a member
from  the  date  of  the  third  such  meeting  in  which  he  has  remained  absent.

42. (1) Save as otherwise provided by this Act, all matters with regard to the conduct
of meetings of the authorities, bodies or committees, if any, constituted by the university
or  any  authority  shall  be  such  as  may  be  prescribed.

Meeting  of
authorities.

(2) A  meeting of  an authority  or body  shall be  convened on  the date  determined by

the Adhyaksha by  a  notice  issued  by  its Sadasya-Sachiva.

(3) Except as otherwise provided, the quorum for a meeting shall ordinarily be one-
third of the number of the sitting members. If there is no quorum, the meeting shall be
adjourned by  the Adhyaksha to  a specific  time on  the  same day  or  a letter  date and  no
quorum  shall  be  necessary  for  such  adjourned  meeting.

(4) Where no provision is made by or under this Act for an Adhyaksha to preside over
a meeting of any authority or body of the university or when the President or Adhyaksha
so provided for is absent and no provision is made for any other person to preside, the
members present shall elect a person from amongst themselves to preside at the meeting.

(5)  Save  as  otherwise  provided  all  items,  questions,  matters  or  proposals  on  the
agenda shall be decided by a majority of votes of members present. In case of equality
of  votes, the Adhyaksha shall  have  a casting  vote.  The Sachiva, if  not  a  member,  shall
have  right  to  participate  in  the  deliberations  but  shall  not  have  the  right  to  vote.

43.  (1) When any vacancy occurs in the office of a member, other than an ex-officio
member of any authority or other body of the university before the expiry of his normal
term,  the  vacancy  shall  be  filed,  as  soon  as  may  be,  by  nomination  of  a  person  by  the
Kulaguru on  the  basis  of  seniority  as  prescribed.

Filling  casual
vacancy.

(2)  The  person  so  nominated  shall  be  a  person  who  is  otherwise,  eligible  to  be  a
member of the said authority or body from the same category. The person so nominated
shall  hold  office  only  so  long  as  the  member  in  whose  place  he  has  been  nominated,
would  have  held  it,  if  the  vacancy  had  not  occurred.

H  6-5

30

Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya [1997 : Mah. XXXIII

  (University)  Act,  1997

CHAPTER V.

THE STATUTES, ORDINANCES AND REGULATIONS.

Statutes.

44.  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.

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31

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45. (1)  The Statutes  may  be  made,  amended  or  repealed  by  the Vyavasthapana

Parishad in  the  manner  hereinafter  provided.

Statutes  how
made.

(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.

46. 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  :—

Ordinance
and  their
subject
matter.

(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;

Ordinances
and  their
making.

Regulations.

32

Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya [1997 : Mah. XXXIII

  (University)  Act,  1997

(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.
47.  (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.

48.  (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.

1997 : Mah. XXXIII] Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya

33

  (University)  Act,  1997

CHAPTER VI.

Admission.

ADMISSIONS, EXAMINATIONS AND OTHER MATTERS RELATING TO STUDENTS.

49. Subject  to  the  reservation  policy  of  the  State  Government  for  the  Scheduled
Castes, Scheduled Tribes and Other Backward Classes,  admissions to all courses in the
university departments and affiliated colleges shall be made on the basis of competitive
merit in accordance with the rules, if any, made by the State Government and published
in  the Official  Gazette, or  by  the  university  and  published  in  the  university gazette by
the  university  :

Provided  that,  where model  rules  have  been framed  by  the  State Government  in  the
interest  of  students  throughout  the  State,  the  university  shall  adopt  the  same  and  such
rules shall be published in the university Gazette or the Official Gazette as the case may
be  at  least  six  months  before  the  start  of  any  academic  session  which  shall  begin  not
later  than  first  of  August  every  year  :

Provided  further  that,  having  regard  to  the  maintenance  of  discipline,  the  authority

concerned  shall  have  the  power  to  refuse  admission  to  a  student.

50. At  the  beginning  of  each  academic  term  and  in  any  case  not  later  than  30th
October  of  every  calendar  year,  the  university  shall  prepare  and  publish  a  schedule  of
examinations for each and every course conducted by itself or by any affiliated college,
or  institution  within  its  jurisdiction  and  shall  strictly  adhere  to  the  schedule.

Schedule  of
Exami-
nations.

Explanation.—“Schedule  of  Examinations”  means  a  table  giving  details  about  the
time, day and date of the commencement of each paper which is a part of a scheme of
examinations  and  shall  also  include  the  details  about  the  practical  examinations  :

Provided  however  that,  in  case  the  university  is  unable  to  follow  this  schedule  due
to  reasons  and  circumstances  beyond  its  control  it  shall,  as  soon  as  practicable,  submit
a  report  to  the Kuladhipati and  to  the  State  Government  incorporating  the  detailed
reasons  for  making  a  departure  from  the  published  Schedule.

51.

The  university  shall  strive  to  declare    the    results    of    every  examination
conducted  by  it  within  thirty  days  from  the  last  date  of  the  examination  for  that
particular  course  and  shall  in  any  case  declare  the  results  latest  within  forty-five  days
thereof  :

Declaration
of  results.

Provided  however  that,  if  for  any  reasons  whatsoever  the  university  is  unable  to
finally  declare  the  results  of  the  examination  within  the  aforesaid  period  of  forty-five
days,  it  shall  submit  a  report  incorporating  the  detailed  reasons  for  such  delay  to  the
Kuladhipati and  to  the  State  Government.

52.    No  examination  or  the  results  of  an  examination  shall  be  held  invalid  only  for
the  reasons  that  the  university  has  not  followed  the  schedule  as  stipulated  in  sections
50  and  51,  as  the  case  may  be.

Examinations
not  invalid,
for  non-
compliance
with  Schedule.

53.    The  university  shall  frame  appropriate  Statutes,  Ordinances  and  Regulations  to
ensure that the students selected to represent their classes, colleges or the university, as
the  case  may  be,  for  sports,  culture  and  all  other  activities  are  selected  entirely  on  the
basis  of  merit,  through  open  merit  competition  alone  and  on  no  other  basis.

Sports  and
extra
curricular
activities.

34

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  (University)  Act,  1997

CHAPTER VII.

SAMITIS (COMMITTEES).

Granthalaya
Samiti,
(Libarary
Sammittee).

54.  (1)  (a)  There  shall  be  a Granthalaya  Samiti for  administering,  organizing  and
maintaining  the  libraries  and  library  services  of  the  university.  It  shall  consist  of  the
following  members,  namely  :  —

(i)  the Kulaguru  —  Adhyaksha;
(ii) one Adhishthata of  faculties,  nominated  by  the Kulaguru;
(iii) one  head  of  the  university  institutions,  or  departments,  nominated  by  the

Vitta-Lekha
Samiti
(Finance  and
Accounts
Committee).

Kulaguru;

(iv) one teacher, nominated by the Vidvat-Parishad, from amongst its members;
(v)  the Kulasachiva  ;
(vi) the Granthapala  —  Sachiva.

(b) All  members  of  the Granthalaya  Samiti, other  than ex-officio members,  shall

hold  office  for  a  period  of  five  years.

(c) The  duties  of  the Samiti shall  be  as  follows,  namely  :  —

(i) to  provide  for  proper  organisation  and  functioning  of  the  library,

documentation  services  and  updating  the  stock  of  books;

(ii) to provide for modernisation and improvement of library and documentation

services  ;

:

(iii)  to  recommend  to  the Vyavasthapana  Parishad fees  and  other  charges  for

the  use  of  library  services  by  students  and  others;

(iv) to prepare the annual budget and  proposals for development of the library

for  approval  of  the Vitta-Lekha  Samiti;

(v)  to  submit  the  annual  report  on  the  functioning  of  the  library;
(vi) to form a sub-committee for preservation of manuscripts and other historical

documents  under  the  guidance  of  the Kulaguru.

(2)  (a) There  shall  be  a Vitta-Lekha  Samiti consisting  of  the  following  members,

namely  :—

(i)  the Kulaguru  —  Adhyaksha;
(ii) the  Sama-Kulaguru;
(iii) one  person,  nominated  by  the  State  Government,  not  below  the  rank  of  a

Deputy  Secretary;

(iv) the Director of Accounts and Treasuries or his representative, not below the

rank  of  Joint  Director  of  Accounts  and  Treasuries;

(v)  two  persons,  nominated  by  the Vyavasthapana  Parishad from  amongst  its

members;

(vi) two persons, nominated by the Vidvat-Parishad from amongst its members;
(vii)  the Vitta-Lekha  Adhikari—Sachiva;

(b) The  quorum  for  a  meeting  of  the  committee  shall  be  five;
(c) All members of the committee other than ex officio member, shall hold office

for  a  term  of  five  years;

(d) The Samiti shall  meet  at  least  four  times  a  year  to  examine  the  accounts,  the
progress of expenditure and all new proposals involving fresh expenditure in the light
of  the  provisions  available;

(e) The  annual  statement  of  accounts  and  the  financial  estimated  (budget)  of  the
university, prepared by the Vitta-Lekha Adhikari shall be laid before the Vitta-Lekha
Samiti for  consideration  and  recommendation,  and  for  submission  thereafter  to  the
Vyavasthapana  Parishad for such  action  as  it thinks  fit.

1997 : Mah. XXXIII] Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya

35

  (University)  Act,  1997

(f)  The  budget  shall  be  prepared  in  the  following  three  distinct  parts  :—

(i)  maintenance;
(ii)  development;  and
(iii)  independent  project  or  scheme  or  collaborative  programmes  grants;

(g) The Samiti shall perform the following additional functions and duties, namely :—
(i) recommend to the Vyavasthapana Parishad the limits for the total recurring
and non-recurring expenditure for the year, based on the income and resources of
the  university,  including  the  proceeds  of  loans  for  productive  work;

(ii)  recommend  to  the Vyavasthapana  Parishad productive  investment  and

management  of  university  assets  and  resources;

(iii) explore the possibilities of, and resort to, augmenting further the resources

for  the  development  of  the  university;

(iv) take  necessary  steps  to  have  the  university  accounts  audited  by  auditors

appointed  by  the Vyavasthapana  Parishad;

(v)  advise  the Vayasthapana  Parishad on  matters  related  to  the  administration

of  the  property  and  the  funds  of  the  university;

(vi) ensure proper implementation of the State Government’s orders issued from

time  to  time,  in  respect  of  financial  matters  ;

(vii)  advise  on  financial  matter  referred  to  it  by  the Vyavasthapana  Parishad,
Vidvat-Parishad or  any of  the  authority,  body or  committee  or  any officer  of  the
university;

(viii) report to the Kulaguru any lapse or irregularity in financial matters which
comes  to  its  notice  who  may  take  suitable  prompt  actions  after  assessing  the
seriousness  of  the  matter  or  refer  it  to  the Vyavasthapana  Parishad;
(h) The  other  powers  and  duties  of  the Samiti and  the  procedure  at  its  meetings

shall  be  such  as  may  be  prescribed;

(i)  The  annual  accounts  of  the  university,  colleges  and  institutions  shall  be  open

for  audit  by  the  auditors  appointed  by  the  State  Government.
(3) (a) There  shall  be Kraya  Samiti for  dealing  with  all  matters  pertaining  to  all
purchases of the university, in respect of such items where individual cost of each item
exceeds  rupees  one  lakh  at  a  time;

(b) The Kraya  Samiti shall  consist  of  the  following  members,  namely  :  —

(i)  the Kulaguru—  Adhyaksha  ;
(ii) three  heads  of the  university  institutions  or  departments, nominated  by  the

Kulaguru;

(iii) two Sadasyas nominated  by  the Vyavasthapana  Parishad, from  amongst

Kraya  Samiti
(Purchase
Committee).

its Sadasyas;

(iv) the Kulasachiva;
(v) the Vitta-Lekha  Adhikari;

(c) The Vitta-Lekha  Adhikari shall  ordinarily  act  as  the Sachiva of  the Kraya
Samiti.  Vitta-Lekha  Adhikari during  his  absence,  the Kulasachiva shall  act  as  the
Sachiva of  the Samiti;

(d) The Kraya  Samiti shall  invite  the  heads  of  the  university,  institutions  or

departments  for  which  the  purchase  is  to  be  made;

(e) All members of the Samiti, other than ex officio members shall hold office for

a  period  of  two  years;

(f)  The  powers  and  duties  of  the Samiti shall  be  such  as  may  be  prescribed.

Samitis  for
Vidya Seva
Anubhaga
(Academic
Service  Unit)

36

Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya [1997 : Mah. XXXIII

  (University)  Act,  1997

(4)  (a) Each Vidya  Seva  Anubhaga of  the  university  shall  have  a Samiti whose
principal responsibility shall be to organise, oversee and maintain the services under its
charge;

(b)  The Samiti of  such  unit  shall  consist  of  the  following  members,  namely  :  —

(i)  the Kulaguru  —  Adhyaksha;
(ii) the Adhishthata  nominated by Adhishtatas from  amongst  themselves;
(iii) not more than three heads of university institutions or departments making

use  of  the  services  of  the  unit,  nominated  by  the Vidvat-Parishad;
(iv) one  nominee  of  the  funding  agency  for  the  unit,  if  any;
(v)  one  expert  having  special  knowledge  of  the  concerned  academic  services,

other  than  the  employees  of  the  university,  nominated  by  the Kulaguru;

Vastu
Rachana
Samiti
(Building and
Construction
committee).

Vishava-
vidyalaya
Chhatra
Kalyana
Samiti
(Students
Welfare
Committee).

(vi)  Head  of  the  concerned Vidya  Seva  Anubhaga — Sachiva;
(c) The  term  of  office  of  the  nominated  members  shall  be  five  years;
(d) The  powers  and  duties  of  the Samiti shall  be  as  prescribed;
(e) The Samiti shall  meet  at  least  twice  a  year.

(5)  (a)  The Vastu  Rachana  Samiti shall  consist  of  the  following  members,
namely  :—

(i)  the  Kulaguru  —  Adhyaksha;
(ii) Adhikshaka  Abhiyanta, Public  Works  Department  or  his  nominee;
(iii)  one Vastu  Visharada nominated  by  the Vyavasthapana  Parishad;
(iv) one  member  of  the Vidvat-Parishad nominated  by  the Kulaguru;
(v) Kulasachiva;
(vi)  the  Vitta-Lekha  Adhikari;
(vii)  Pramukha  Abhiyanta of  the  University  — Sadasya-Sachiva  ;

(b) The  powers  and  duties  of  the Samiti shall  be  as  prescribed.

(6) The Chhatra  Kalyana  Samiti shall  consist  of  the  following  members,
namely  :-

(i) the  Kulaguru—  Adhyaksha;
(ii)  the  Sama  Kulaguru—  Upadhyaksha;
(iii)  one  student  representative  from  each  department  of  the  university  who  has
shown academic  merit at the  preceding degree examination  and engaged in  the full-
time  studies  in  the  university  nominated  by  the Sama  Kulaguru;

(iv) two  lady  students  nominated  by  the Kulaguru;
(v) two representatives of students from Scheduled Castes or Scheduled Tribes and

Other  Backward  Classes  nominated  by  rotation  by  the Kulaguru;

(vi)  Sanchalak  Chhatra  Kalyana  —  Sadasya-Sachiva.

Every meeting of the Chhatra Kalyana Samiti shall be presided over by the Kulaguru
or Sama  Kulaguru in  absence  of  the Kulaguru, and  shall  be  attended  by  such  officers
as  may  be  required.  The Samiti shall  meet  at  least  once  in  every  three  months.

Upaklesha
Nivarana
Samiti
(Grievances
Committee).

(7) (a) There  shall  be Upaklesha  Nivarana  Samiti in  the  university  to  deal  with
grievances of teachers and other employees of the university.   The Upaklesha Nivarana
Samiti shall  consist  of  the  following  members,  namely  :—

(i)  The  Sama  Kulaguru—  Adhyaksha
(ii) Four    members    of    the Vyavasthapana  Parishad nominated  by  the

Vyavasthapana  Parishad from  amongst  themselves;

(iii)  The  Kulasachiva—  Sadasya-Sachiva;

(b) The Kulasachiva shall  not  have  a  right  to  vote,

1997 : Mah. XXXIII] Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya

37

  (University)  Act,  1997

(c) It shall be lawful for the Upaklesha Nivarana Samiti to entertain and consider
grievances  or  complaints  which  are  not  within  the  jurisdiction  of  the  Tribunal.  The
Upaklesha Nivarana Samiti shall hear and settle grievances as far as may be practicable
within  six  months  and  report  to  the Vyavasthapana  Parishad to  take  such  action  as
it  deems  fit  and  the  decisions  of  the Vyavasthapana  Parishad on  such  reports  shall
be  final.

CHAPTER VIII.

TEACHERS AND EMPLOYEES OF THE UNIVERSITY.

55. (1)  (a) All  appointments  to  the  teaching  and  non-teaching  post  created  by  or
under this Act shall be made strictly on merit and merit alone.  Seventy per cent. of these
appointments, departmentwise, shall be under a contract in writing for a fixed tenure of
not  more  than  five  years.  Every  such  appointment  shall  be  renewable  at  the  option  of
the  university  and  such  renewal  shall  be  treated  as  a  fresh  appointment.

Selection  and
appointment
of  university
teachers.

(b) Subject  to  the  provisions  of  this  Act,  Statutes  and  Ordinances,  the  Kulaguru
shall, till the University Grants Commission’s scheme of recruitment becomes operative,
appoint  a  university  teacher  according  to  the  order  of  merit  and  recommendation  is
made  by  the  Selection  Committee.

(2)  The  Selection  Committee  for  making  recommendations  for  appointment  of

university  teachers  shall  consist  of  the  following  members,  namely  :—

(a)  the Kulaguru, or  the Sama-Kulaguru upon  directions  of  the Kulaguru-

Adhyaksha;

(b) one  person,  nominated  by  the Kulaguru;
(c) the Adhishthata of  the Sankaya concerned;
(d) the Head of the university department or head of the concerned institution;
(e) at least  three  experts,  nominated  by  the  Vyavasthapana  Parishad out of  a
panel  of  not  less  than  six  names  of  experts  not  connected  with  the  university,
recommended by the Vidvat-Parishad, who have special knowledge of the subject
for  which  the  teacher  is  to  be  selected;

(f)  one  person  belonging  to  Scheduled  Castes  or  Scheduled  Tribes  or  Other

Backward  Classes,  nominated  by  the Kulaguru  :

Provided  that,  a  Head,  referred  to  in  clause (d), who  is  a  reader  shall  be  of  a  cadre

higher  than  the  post  for  which  the  selections  are  being  made  :

Provided  further  that,  for  the  post  of  a  Professor  the  person  in  clause (d) shall  be  a

Professor.

(3) The Kulasachiva shall  act  as  the Sachiva of  the  Committee.

(4) Every  post  of  a  university  teacher,  to  be  filled  by  selection,  shall  be  duly  and
widely  advertised,  according  to  the  draft  approved  by  the Kulaguru, together  with
particulars of the minimum and additional qualifications, as prescribed, the emoluments
and number of posts to be filled, the number of posts which are reserved for the members
of the Scheduled Castes or Scheduled Tribes or Other Backward Classes and reasonable
time,  to  be  determined  by  the Kulaguru, shall  be  allowed  within  which  the  applicants
may,  in  response  to  the  advertisement,  submit  their  applications.

H  6-6

38

Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya [1997 : Mah. XXXIII

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(5) The date of the meeting of every selection committee shall be so fixed as to allow
a  notice  of  at  least  thirty  days  of  such  meeting,  being  given  to  each  member,  and  the
particulars  of  each  candidate  shall  be  sent  to  each  member  of  the  selection  committee
so  as  to  reach  him  at  least  seven  days  before  the  date  of  meeting.

(6) The  quorum  to  constitute  a  meeting  of  every  selection  committee  shall  be  four
members,  of  whom  at  least  two  shall  be  persons  nominated  under  clause (e) of  sub-
section (2)  :

Provided  that,  for  the  post  of  professor,  the  Selection  Committee  may  in  preference
to the candidates who have applied and appeared before it, recommend for appointment,
with  all  the  requisite  details,  the  name  of  any  other  person  who  may  not  have  applied
or appeared before it, but who is duly qualified and has to his credit exceptionally high
academic achievements or proficiency in the specialisation or has extraordinary academic
contribution,  to  be  recorded  in  writing.

(7) If, on petition by any person directly affected or suo motu, the Kuladhipati, after
making or having made such inquiries or obtaining or having obtained such explanations,
including  explanations  from  the  teachers  having  obtained  such  explanations,  including
explanations from the teachers whose appointments are likely to be affected, as may be
or  may  have  been  necessary,  is  satisfied  that  the  appointment  of  a  teacher  of  the
university,  made  by  any  authority  or  officer  of  the  university  at  any  time  was  not  in
accordance  with  the  law  at  that  time  in  force,  the Kuladhipati, may,  by  order,
notwithstanding  anything  contained  in  the  contract  relating  to  the  conditions  of  service
of  such  teacher,  direct  the Kulaguru to  terminate  his  appointment  after  giving  him  one
month’s  notice  or  one  month’s  salary  in  lieu  of  such  notice,  and  the Kulaguru shall
forthwith  comply  and  take  steps  for  a  fresh  selection  to  be  made.  The  person  whose
appointment  has  been  so  terminated  shall  be  eligible  to  apply  again  for  the  same  post.
(8) Any  order  made  by  the Kuladhipati, under  the  last  preceding  sub-section,  shall
be  final  and  a  copy  of  the  order  shall  be  served  on  the  teacher  concerned  by  the
Kulaguru within  three  days  from  its  receipt.

(9) It shall be the duty of the Kulaguru to ensure that no payment whatsoever is made
to any person, by way of salary or allowances, from the funds of the university, for any
period  after  the  termination  of  his  services,  and  any  authority  or  officer  authorising  or
making  any  such  payment  shall  be  liable  to  reimburse  the  amount  so  paid  to  the
university.

Filling
temporary
vacancies  of
university
teachers.

56. Where an appointment is to be made on a temporary vacancy of a teacher of the
university,  the  appointment  shall  be  made,  if  the  vacancy  is  for  a  period  of  more  than
one  year,  on  the  recommendation  of  the  selection  committee  in  accordance  with  the
provisions  of  the  last  preceding  section  :

Provided  that,  if  the Kulaguru is  satisfied  that,  in  the  interest  of  teaching,  it  is
necessary to fill in the vacancy immediately, he may make the appointment of a person
duly  qualified,  for  a  period  not  exceeding  one  year  in  the  first  instance  on  the
recommendation of a Local Selection Committee constituted as follows, and shall inform
the Vyavasthapana  Parishad of  such  appointments  :—

(i)  the Kulaguru—Adhyaksha;
(ii) the Adhishthata of the  faculty  concerned;
(iii)  the  head  of  the  department  concerned;  and
(iv)  one  expert  nominated  by  the Kulaguru, except  that,  where  the  head  of  the
department is also the Adhishthata, the Kulaguru shall nominate two persons instead
of  one.

Appointment
and  selection
of  principals
of  conducted
colleges.

Selection
committees
for  officers
and
employees  of
university.

1997 : Mah. XXXIII] Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya

39

  (University)  Act,  1997

57.  The  selection  committee  for  selection  of  principals  of  conducted  colleges  or
sanchalakas or heads of university institutions or Post-Graduate Centers or Sub- Centres
maintained  by  the  university,  shall  consist  of  the  following,  namely  :—

(a) the Kulaguru—Adhyaksha:
(b) one  nominee  of  the Kulaguru;
(c)  two  experts,  nominated  by  the Vyavasthapana  Parishad and  one  expert

nominated  by  the Vidvat-Parishad, who  are  not  connected  with  the  university.

58.  (1) (a) There  shall  be  a  selection  committee  for  making  recommendations  of

suitable  candidates  for  appointment  to  the  posts  of—

(i) Kulasachiva;
(ii) Pariksha  Niyantraka;
(iii)  Vitta-Lekha  Adhikari;
(iv)  Pradhana  Granthapala.

(b) The  selection  committee  shall  consist  of—

(i)  the Kulaguru, or  the Sama-Kulaguru upon  the  direction  of  the Kulaguru,

Adhyaksha;

(ii) two members nominated by the Vyavasthapana Parishad, from amongst its

members;

(iii)  a Adhishthata, not  being  a  member  of  the Vyavasthapana  Parishad,

nominated  by  the Kulaguru;

(iv) two experts having special knowledge in the field related to the post to be
filled, who are not connected with the university, and affiliated college or recognised
institution,  nominated  by  the Kulaguru;

(v) one  person  belonging  to  Scheduled  Castes  or  Scheduled  Tribes,  or  Other

Backward  Classes,  nominated  by  the Kulaguru;

(vi)  the Kulasachiva shall  act  as Sadasya  Sachiva of  the  selection  committee,

except  where  he  himself  is  a  candidate  for  the  post.

(2) The  selection  committee  for  and  mode  of,  appointment  of  other  officers  of  the

university  shall  be  such  as  may  be  prescribed.

(3) The selection committee for and mode of, appointment for principals, teachers and

other  employees  of  affiliated  college  shall  be  such  as  may  be  prescribed.

(4) The  management  of  any  affiliated  college,  shall  before  proceeding  to  fill  in
vacancies of teachers and other employees in accordance with the prescribed procedure
shall  ascertain  from  the  university  and  the Sanchalaka of  Higher  Education  whether
there  is  any  suitable  person  available  on  the  list  of  surplus  persons  maintained  by  the
university  for  absorption  in  other  colleges  and  in  the  event  of  such  person  being
available  the  management  shall  appoint  that  person.

59.    In  addition  to  the Samities constituted  under  this  Act,  the  authorities  of  the
university may appoint Samities with suitable terms and reference for any specific task,
and  such Samities shall  consist  of  members  of  the  same  authority  constituting  such  a
Samities and  also  of  such  other  persons  as  that  authority  may  nominate.

Other
samities.

60.  The university and College Tribunal constituted for the Nagpur University shall
be  the  Tribunal  for  the  purposes  of  the  university  and  the  colleges  affiliated  to,  or  the
institutions  and  the pathashalas recognised  by,  the  university.

Tribunal.

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  (University)  Act,  1997

CHAPTER IX.

PERMISSION, AFFILIATION AND RECOGNITION.

Conditions
for  affiliation
and
recognition.

61.  (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 there-
under  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.
62.

(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.

Procedure
for  permis-
sion.

1997 : Mah. XXXIII] Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya

41

  (University)  Act,  1997

(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.

63. (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.

Procedure  for
affiliation.

(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.

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Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya [1997 : Mah. XXXIII

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(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.

Procedure  of
recognition
of  institu-
tions  and
pathashala.

64. (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;

1997 : Mah. XXXIII] Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya

43

  (University)  Act,  1997

(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.

65. (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

Local
managing  or
advisory
committee  of
an  affiliated
college,
institution.

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 time-tables, 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.

Continuation
of  affiliation
or  recogni-
tion.

Extension  of
affiliation  or
recognition.

Permanent
affiliation
and
recognition.

Inspection  of
colleges  and
recognised
institutions
and
pathashalas.

Withdrawal
of  affiliation
of  recogni-
tion.

44

Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya [1997 : Mah. XXXIII

  (University)  Act,  1997

66. 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.

67.  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.

68. 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.

69.  (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.

70. (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

Closure  of
the  college  or
recognised
institution  or
pathashala.

1997 : Mah. XXXIII] Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya

45

  (University)  Act,  1997

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.

71. (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.

H  6-7

46

Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya [1997 : Mah. XXXIII

  (University)  Act,  1997

CHAPTER X.

ENROLLMENT, DEGREES AND CONVOCATIONS.

Postgraduate
teaching  and
research.

72.    All  post  graduate instruction,  teaching,  training  and  research  shall  normally  be
conducted  within  the  university  area  by  the  university,  affiliated  colleges  and  the
recognised  institutions  and pathashala in  the  manner  prescribed.

Enrollment
of  students.

Disciplinary
powers  and
discipline
among
students.

73.    A  person  to  be  enrolled  as  a  student  of  the  university  shall  possess  such

qualifications  and  fulfill  such  conditions  as  may  be  prescribed.

74.    (1)  All  powers  relating  to  discipline  and  disciplinary  action  in  relation  to  the

students  of  the  university,  shall  vest  in  the Kulaguru.

(2) The Kulaguru may, by order, delegate, all or any of his powers under the Act as

he  deems  fit,  to  such  other  officers  as  he  may  nominate  in  that  behalf.

(3)  The Kulaguru may,  in  exercise  of  his  powers,  by  order,  direct  that  any  student
or students be expelled or rusticated for a specified period, or be not admitted to a course
or courses of study in a college, institution or department of the university for a specified
period,  or  be  punished  with  fine,  not  exceeding  three  hundred  rupees,  or  be  debarred
from  taking  an  examination  or  examinations  conducted  by  the  department,  college  or
institution  maintained  by  the  university  for  a  specified  period  not  exceeding  five  years
or  that  the  result  of  the  student  or  students  concerned  in  the  examination  in  which  he
or  they  have  appeared  be  cancelled  :

Provided that, the Kulaguru shall give reasonable opportunity to the student concerned

of  being  heard,  if  expulsion  is  for  a  period  exceeding  one  year.

(4) Without  prejudice  to  the  powers  of  the Kulaguru, the  principals  of  conducted
colleges, heads of university institutions and the heads of departments of, the university
shall  have  authority  to  exercise  all  such  powers  over  the  students  in  their  respective
charge  as  may  be  necessary  for  the  maintenance  of  proper  discipline.

(5) The Kulaguru shall, subject to the approval of the Vyavasthapana Parishad, make
rules  of  discipline  and  proper  conduct  for  students  of  the  university  which  shall  also
apply to the students of all its conducted colleges and university department or institutions
and  every  student  shall  be  supplied  with  a  copy  of  such  rules.

(6) The  principals  of  the  colleges  and  heads  of  the  institutions,  maintained  by  the
university,  may  frame  such  supplementary  rules  of  discipline  and  proper  conduct,  not
inconsistent  with  the  rules  made  by  the Kulaguru, as  they  think  necessary  and  every
student  shall  be  kept  informed  of  such  supplementary  rules.

(7) At the time of admission, every student shall sign a declaration to the effect that
he submits himself to the disciplinary jurisdiction of the Kulaguru and the other officers
and authorities or bodies of the university and the authorities or bodies of the conducted
colleges and institutions, and shall observe and abide by the rules made by the Kulaguru
in  that  behalf  and  in  so  far  as  they  may  apply,  the  supplementary  rules  made  by  the
principals  of  conducted  colleges  and  heads  of  university  institutions.

(8) All powers relating to disciplinary action against students of an affiliated college
or  recognised  institution  or pathashala not  maintained  by  the  university,  shall  vest  in
the principal of the affiliated college or head of the recognised institution or pathashala,
and the provisions of the foregoing sub-sections including the rules, if any, made there-
under,  shall mutatis  mutandis apply  to  such  colleges,  institutions, pathashala and
students  therein.

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75.  (1) The Vyavasthapana Parishad may institute and confer such degrees, diplomas,
certificates  and  the  academic  distinctions  as  may  be  recommended  by  the Vidvat-
Parishad.

(2)  The Kuladhipati may,  on  the  recommendation  of  the Vyavasthapana  Parishad
and  the Vidvat-Parishad, supported  by  a  majority  of  not  less  than  two-third  members
of  each  such  authority,  present  at  its  meeting,  such  majority  comprising  not  less  than
one-half of members of each such authority, withdraw the degree or diploma or certificate
or any other academic distinction permanently or for such period as the Kulaguru thinks
fit,  if  such  a  person  is  convicted  by  a  court  of  law  for  any  offence  involving  moral
turpitude,  no  such  action  under  this  section  shall  be  taken  unless  the  person  concerned
is  given  an  opportunity  to  defend  himself.

Degrees,
diplomas,
certificates
and
distinctions.

76.    (1)  The Vyavasthapana  Parishad may  consider  and  approve  the  conferment  of
an honorary degree or other academic distinction on any person, without requiring him
to  undergo  any  test  or  examination,  on  the  ground  solely  that  he,  by  reason  of  his
eminent  position,  attainments  and  public  services,  is  a  fit  and  proper  person  to  receive
such  degree  or  other  academic  distinction,  and  such  recommendation  shall  be  deemed
to  have  been  duly  passed  if  supported  by  a  majority  of  not  less  than  two-thirds  of  the
members present at the meeting of the Vyavasthapana Parishad, being not less than one-
half  of  its  total  membership  :

Honorary
degree.

Provided  that,  the Vyavasthapana  Parishad shall  not  entertain  or  consider  any
proposal  in  that  behalf  without  the Kulaguru having  obtained  the  previous  approval  of
the Kuladhipati.

77.  The convocation of the university shall be held at least once during an academic

Convocation.

year  in  addition  to  special  convocation  if  any  in  the  manner  as  prescribed.

78.

(1) Subject  to  the  provisions  of  sub-section (2), the  persons  who  are  graduates
of  the  university  shall  be  entitled  to  have  their      names  entered  in  the  register  of
registered graduates or deemed to be registered graduates, maintained by the university.

Registered
graduates.

(2) A person who—

(a) is  of  unsound  mind  and  stands  so  declared  by  a  competent  court  ;

(b) is  an  undischarged  insolvent  ;

(c)  is  convicted  for  an  offence  involving  moral  turpitude  ;

(d) is a registered graduate of any   other  university established by law in the State

of  Maharashtra,

shall  not  be  qualified  to  have  his  name  entered  in  the  register  of  graduates.

(3) Every person who  intends to be registered  graduate shall make an  application to
the Kulasachiva in  such  form  and  make  payment  of such  fees  as  are  prescribed  by  the
statutes.

(4) The Kulaguru shall after making such inquiry as he thinks fit, decide whether the
person is entitled to be a registered graduate. If any question arises whether a person is
entitled to have his name entered in the register of graduate or be a registered graduate
or is not qualified to be a registered graduate, it shall be decided by the Kulaguru after
making  such  inquiry  as  he  thinks  fit  and  his  decision  shall  be  final.

48

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Removal  of
name  from
register  of
graduates.

79.    The Kuladhipati  may, on  the  recommendation  of  the Vyavasthapana  Parishad,
supported by a majority of not less than two-thirds of its members present at its meeting,
such majority comprising not less than one-half of its members, remove the name of any
person from the register of graduates for such period as the Kuladhipati thinks fit, if such
person  has  been  convicted  by  a  court  for  any  offence  which,  in  the  opinion  of  the
Vyavasthapana  Parishad, in  a  serious  offence  involving  moral  turpitude.

CHAPTER XI.

UNIVERSITY FUNDS, ACCOUNTS AND AUDIT.

Annual
financial
estimates.

80.

(1)  The  annual financial  estimates  (budget)  of  the  university  for  ensuing  final
year  shall  be  prepared  by  the Vitta-Lekha  Adhikari under  the  direction  of    the Vitta-
Lekha-Adhikari  Samiti, at  least  two  months  before  the  commencement  of  the  financial
year.

(2) The Vitta-Lekha-Adhikari shall thereafter forward copies of financial estimates as

approved  by  the  Vyavasthapana  Parishad to  the  State  Government.

(3)  The  financial  year  of  the  university  shall  be  the  same  as  that  of  the  State

Government.

University
funds.

81.

(1)  The  university  shall  establish  the  following  funds,  namely  :—

(a) General  Fund;
(b) Salary  Fund;
(c) Trust  Fund;
(d) Development  and  Programme  Fund;
(e)  Contingency  Fund;
(f) any other fund which, in the opinion of the university, is deemed necessary to

establish.
(2)  The  following  shall  form  part  of,  or  be  paid  into  the  General  Fund,—

(a) non-salary contribution or  grant received from the State Government or Central

Government  or  University  Grants  Commission;

(b) all  incomes  of  the  university  from  any  source  whatsoever,  including  income

from  fees  and  charges;

(c) any  sums  borrowed  from  the  banks  or  any  other  agency,  with  the  permission

of  the  State  Government;

(d) sums  received  from  any  other  source  or  agency.

(3) The Salary Funds shall consist of all amounts received from the State Government,
Central  Government  or  University  Grants  Commission  towards  full  or  part  payment  of
the salary and allowances. No amount from this fund shall be utilised for the other than
payment  of    salary  and  allowances.

(4) All income or moneys from trusts, bequests, donations, endowments, subventions

and  similar  grants  shall  form  the  Trust  Fund.

(5) (a) The  Development  and  Programme  Fund  of  the  university  shall  consist  of  all
infrastructure development grants received from the State Government, all contributions
made by the University Grants Commission for development and research grants received
from other fundings agencies of the Central Government, United Nations and its affiliates,
other  international  agencies,  industry i.e.  banks,  financial  institutions  or  any  person;

1997 : Mah. XXXIII] Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya

49

  (University)  Act,  1997

(b) No  amount  from  this  fund  shall  be  appropriated  to  any  other  funds  of  the

university  or  expanded  for  any  other  purpose;

(c) The Development and Programme Fund shall be utilised in the manner consistent
with  the  object  of  the  programmes  for  which  a  suitable  code  will  be  adopted  to
include the guidelines of the funding agency on expenditure and audit, to be granted
and  approved  by  the Vyavasthapana  Parishad.

(6) The university shall have and maintain a Contingency Fund under a separate head
of  the  university  accounts  which  shall  be  used  only  for  the  purposes  of  meeting  any
unforeseen  expenditure.

(7)  Surplus  money  at  the  credit  of  these  funds,  which  cannot  immediately  or  at  any
early  date  be  applied  for  the  purposes  aforesaid  shall,  from  time  to  time,  be  deposited
in  the  bank  as  directed  by  the Vyavasthapana  Parishad.

Explanation.—For the purposes of this sub-section, the expression “bank “ means,—

(i) the  State  Bank  of  India  constituted  under  the  State  Bank  of  India  Act,  1955  ;

(ii) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act,

1959;

(iii) a  corresponding  new  bank  constituted  under  section  3  of  the  Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970 or under section 3
of  the  Banking  Companies  (Acquisition  and  Transfer  of  Undertaking)  Act,  1980.

  (iv)  any  other  bank,  being  a  Scheduled  Bank  as  defined  in  clause  (e)  of  section
2 of the Reserve Bank of India Act, 1934, or being such a bank as may be approved
by  the  State  Government.

23  of
1955.
38  of
1959.

5  of
1970.

40  of
1980
2  of
1934.

82.  (1) The accounts of the  university shall be audited at least  once every year and
in any case within six months of the close of the financial year by the auditors appointed
by  the Vyavasthapana  Parishad from  amongst  the  firms  of  Chartered  Accounts  whose
partners  have  no  interest  in  any  of  the  authorities  or  affairs  of  the  university.

Annual
accounts  and
audit.

(2)  The  audited  accounts  shall  be  published  by  the  university  and  a  copy  thereof
together  with  the  copy  of  the  auditor’s  report,  shall  be  submitted  to  the Kuladhipati,
State Government and, on receipt of such audited accounts the Vyavasthapana Parishad
shall  consider  and  pass  such  resolution  thereon  as  it  thinks  fit.

1

[(2A) The State Government shall cause the audited annual accounts of the university,

received  by  it,  to  be  laid  before  each  House  of  the  State  Legislature.]

(3) The  State  Government  may  conduct  the  test  audit  or  full  audit  of  the  accounts
of the university at regular intervals by the auditors appointed by the State Government.

2

83.

[(1)]The Annual report of the university shall be prepared and published by the
university and such report as approved by the Vyavasthapana Parishad shall be submitted
to  the Kuladhipati and the  State  Government.

Annual
Report.

3

[(2)  The  State  Government  shall  cause the  annual  report  of  the  university,  received

by  it,  to  be  laid  before  each  House  of  the  State  Legislature.]

1 Sub-section (2A)  was  inserted  by  Mah.  14  of  2009,  s.  16.
2 Section  83  was  re-numbered  as  sub-section (1),
3 Sub-section (2)  was  added,

ibid.

ibid., s.  17.

50

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  (University)  Act,  1997

CHAPTER XII.

MISCELLANEOUS.

Authorities
and  officers
responsible
for  damages.

84.   (1) It  shall  be  the  duty  of  every  authority  or  body  and  officer  of  the  university

to  ensure  that  the  interests  of  the  university  are  duly  safe  guarded.

(2) If it is found that a damage or loss has been caused to the university by any action
on the part of any authority or body or officer of the university not in conformity with
the  provisions  of  this  Act,  Statutes,  Ordinances  or  Regulations,  except  when  done  in
good faith, or any failure so as to act in conformity thereof, by wilful neglect or default
on its or his part, such damage or loss shall be liable to be recovered from the authority
or body or concerned members thereof, jointly or severally, or from the officer concerned,
as  the  case  may  be,  in  accordance  with  the  procedure  prescribed  by  the  Statutes.

Membership
of  State
Legislature
and  of
Parliament.

85.    (1)  A  teacher  of  the  university  or  a  private  college  or pathashala shall  not  be
disqualified  for  continuing  as  such  teacher  merely  on  the  ground  that  he  has  been
elected  or  nominated  as  member  of  the  Legislative  Assembly  or  of  the  Legislative
Council  of  the  State  or  of  Parliament.

(2) A  teacher  elected  or  nominated  as  a  member  of  the  Legislative  Assembly  or  of
the Legislative Council of the State or of Parliament shall be entitled to treat the period
of his membership of the Legislative Assembly or of the Legislative Council or Parliament
as  on  leave  without  pay  and  allowances.

(3) A teacher  referred to in  sub-section (2) shall  also be  entitled to  count the  period
of his membership of the Legislative Assembly or of the Legislative Council of the State
or  of  Parliament  for  the  purpose  of  pension,  seniority  and  increments.

86.    If  any  question  arises  regarding  the  interpretation  of  any  provision  of  this  Act,
or  of  any  Statutes,  Ordinance,  Regulation  or  Rule,  or  whether  a  person  has  been duly
elected  or    appointed    or    nominated  or    co-opted  or  is  entitled  to  be  member  of  any
authority or body of the university, the matter may be referred, on petition by any person
or  body  directly  affected,  or suo  motu by  the Kulaguru to  the Kuladhipati, who  shall
after  taking  such  advice  as  he  thinks  necessary,  decide  the  question,  and  his  decision
shall  be  final.

87.  All acts and orders done or passed in good faith by the university, or any of its
officers, authorities or bodies, shall subject to the other provisions of this Act, be final;
and  accordingly,  no  suit  or  other  legal  proceedings  shall  be  instituted  against,  or
maintained, or damages claimed from, the University or its officers, authorities or bodies
for  anything  done  or  passed,  or  purporting  to  have  been  done  or  passed  in  good  faith
and in pursuance  of the  provisions of this Act and the Statutes, Ordinance, Regulations
and  Rules.

88.    Subject  to  the  provisions  of  this  Act  and  the  Statutes,  any  officer  or  authority
of  the  university  may,  by  order,  delegate  his  or  its  powers,  except  the  powers  to  make
Statutes,  Ordinances,  Rules  and  Regulations  to  any  other  officer  or  authority  under  his
or  its  control,  and  subject  to  the  condition  that  the  ultimate  responsibility  for  the
exercise  of  the  powers  so  delegated  shall  continue  to  vest  in  the  officer  or  authority
delegating  them.

Questions
regarding
interpretation
and  disputes
regarding
constitution
of  university,
authority  or
body,  etc.

Protection  of
acts  and
orders.

Delegation  of
powers.

1997 : Mah. XXXIII] Kavi  Kulaguru  Kalidas  Sanskrit  Vishvavidyalaya

51

  (University)  Act,  1997

89.  No act or proceeding of the Vyavasthapana Parishad or Vidvat-Parishad or any
other  authority  or  any  body  or  committee  of  the  university  including  a  committee
appointed  by  the Kulaguru for  the  appointment  of  a Kulaguru shall  be  deemed  to  be
invalid  at  any  time  merely  on  the  ground  that—

(a) any of the members of any such authority,  body or committee are not elected,
appointed,   nominated or  co-opted or for   any other reason are not available to take
office  at  the  time  of  the  constitution  or to  attend  any  meeting  thereof  or  any  person
is a member in more than one  capacity or there is any other defect in the constitution
thereof  or  there  are  one  or  more  vacancies  in  the  offices  of  members  thereof  ;

(b) there  is  any  irregularity  in  the  procedure  of  any  such  authority,  body  or
committee not affecting, the merits of the matter under consideration, and the validity
of such act or proceeding shall not be questioned in any court or before any authority
or  officer  merely  on  any  such  ground.

Acts  and
proceedings
not  invalid
merely  on
ground  of
defect  in
constitution,
vacancies,
irregularity  in
procedure,
etc.

CHAPTER XIII.

ESTABLISHMENT OF THE SANSKRIT UNIVERSITY.

90.    Notwithstanding  anything  contained  in  the  provisions  of  this  Act  the  first
Kulaguru, the first Sama-Kulaguru, the first Kulasachiva, the first Vitta-Lekha Adhikari
and  other  officers,  shall  be  appointed  by  the  State  Government  and  their  terms  and
conditions of service shall be specified by the State Government. They shall hold office
for  a  period  of  five  years  or  till  the  appointments  are  made  in  accordance  with  the
provisions  of  this  Act,  whichever  is  earlier.

First
appoint-
ments.

91. Notwithstanding  anything  contained  in  the  provisions  of  this  Act,  the  State
Government shall constitute the first Vyavasthapana Parishad, the Vidvat-Parishad and
the Niyojana  Vikas  Mandala and  the Sadasya of  such  authority  shall  hold  office  until
the  authorities  are  constituted  in  accordance  with  the  relevant  provisions  of  this  Act.

92.

If  any  difficulty  arises  in  giving  effect  to  the  provisions  of  this  Act,  the  State
Government  may,  as  occasion  requires,  but  not  later  than  two  years  from  the  date  of
commencement of this Act, by order, do anything, not inconsistent with the objects and
purposes  of  this  Act,  which  appears  to  it  to  be  necessary  or  expedient  for  the  purpose
of  removing  the  difficulty.

Constitution
of  first
authorities.

Removal  of
difficulties.

H  6-2,482  Bks.-4.2014

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