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VISVA-BHARATI ACT

Ministry of Law and Justice

Act nº 29 of 1951


  • Schedules
  • Act nº 29 of 1951

Preamble

THE VISHVA-BHARATI ACT, 1951

[Act, No. 29 Of 1951]

[9th May, 1951]

PREAMBLE

An Act to declare the institution known as "Visva-Bharati" to be an institution of national importance and to provide for its functioning as a unitary teaching and residential university.

BE it enacted by Parliament as follows :

Section 1. Short title and commencement

(1) This Act may be called [the Visva-Bharati Act, 1951.

(2) It shall come into force on such date1as the Central Government may, by, notification in the Official Gazette, appoint.

1. 14th May, 1951


Section 2. Declaration of Visva-Bharati as an institution of national importance

Whereas the last Rabindranath Tagore (Takur) founded an institution known as Visva-Bharati at Santiniketan in the district of Birbhum in West Bengal the objects of which are such as to make the institution one of national importance, it is hereby declared that the institution known as "Visva-Bharati" aforesaid is an institution of national importance1[and is as such hereby constituted as a University].

1. Added, and shall be deemed always to have been added, by the Visva-Bharati (Amendment) Act, 1961 (60 of 1961), Section 2.


Section 3. Definitions

1 [3. Definitions

In this Act, and in all Statutes made hereunder, unless the context otherwise requires, -

(a) "academic staff" means such categories of staff as are designated as academic staff by the Statutes;

(b) "Acharya (Chancellor)" and "Upacharya (Vice-Chanceller)" mean, respectively, the Acharya (Chancellor) and the Upacharya (Vice-Chancellor) of the University;

(c) "adhyapaka" includes a Professor, Reader, Lecturer and any other person engaged in imparting instruction in relation to any learning process and designated as an adhyapaka by the Ordinances;

(d) "Alumni Association" means the Association of the Alumni of the University, constituted under the provisions of this Act and the Statutes;

(e) "approved institution" means an institution (not being an institution maintained by the University) of higher learning or studies approved by the University;

(f) "Bhavana" means an academic institution maintained by the University and named as such;

(g) "campus" means a unit established or constituted by the University for imparting instruction or supervising research, or both;

(h) "Chatravasa" means a unit of residence, or of corporate life, for the students of the University provided, mantained or recognised by the University;

(i) "Department" means a Department of Studies and includes a centre of studies established by, or under the Statutes;

(j) "employee of the University" means any person appointed by the University or any Institution, and includes an employee of a Bhavana;

(k) "Institute Board" means a Board constituted by the University for the management of an Institute;

(l) "Institution." means an institution maintained by the University;

(m) "Karma-Samiti (Executive Council)" means the karma-samiti (Executive Council) of the University;

(n) "Patha-Samiti (Board of Studies)" means a Board constituted by the University for the regulation of studies;

(o) "Prescribed" means prescribed by the Statutes, Ordinances or Regulations;

(p) "Samsad (Court)" means the Samsad (Court) of the University;

(q) "Siksha-Samiti (Academic Council)" means the Siksha Samiti (Academic Council) of the University;

(r) "Statutes". "Ordinances" and "Regulations" mean, respectively, such Statutes, Ordinances and Regulations of the University as are for the time being in force;

(s) "University" means the institution known as Visva-Bharati and incorporated as a University under this Act.]

1. Substituted for Section 3 by the Visva-Bharati (Amendment) Act, 1984 (31 of 1984), Section 3 (8-8-1984).


Section 4. Incorporation

The first Acharya (Chancellor) and Upacharya (Vice-Chancellor) of the University who shall be the persons appointed in this behalf by the Central Government by notification in the Official Gazette, and the first members of the Samsad (Court) and all persons, who may hereafter become or be appointed as such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate1[as a unitary teaching and residential University] by the name of Visva-Bharati, and shall have perpetual succession and a common seal, and shall sue and be sued by that name.

1. Inserted, and sh all be deemed always to have been inserted, by the Visva-B harati (Amendment) Act, 1961 (60 of 1961 ), Section 4 .


Section 5. Effect of incorporation of the University in certain cases

On and from the commencement of this Act,-

(i) all references in any enactment to the Society of the name of Visva- Bharati registered on the 16 th May, 1922, under the Societies Registration Act, 1860, sh all be construed as references to the University;

1[(ii) all property, assets, rights and liabilities of the Society sh all be the property, assets, rights and liabilities of the University and any will, deed or other document, whether made or executed before or after the commencement of this Act, which contains or purports to contain any bequest, gift, trust, payment of money or transfer or assignment of any right or property, movable or immovable, in favour of the said Society sh all be construed as if the University was therein named instead of the said Society;]

(iii) sub ject to the provisions of this Act, every person employed immediately before the commencement of this Act in the said Society sh all hold employment in the University by the same tenure and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity as he would, have held under the said Society, if this Act had not been passed:

Provided that if the University decides to alter the terms and conditions of service of any such employee, a fresh contract sh all be executed for the purpose, and if the employee is not agreeable to serve under the new terms and conditions, hi s services may be terminated in accordance with hi s original contract of employment or, if no provision is made therein in this behalf, on payment to hi m by way of compensation of an amount equal to hi s salary for six months.

1. Sub stituted for the former clause (ii), and sh all be deemed always to have been sub stituted by the Visva-B harti (Amendment) Act, 1961 (60 of 1961 ), Section 5 .


Section 5A. The objects of the University

1 [5A. The objects of the University

(1) The objects of the University shall be to disseminate and advance knowledge and understanding by providing instructional, extension and research facilities and by the example and influence of its corporate life, and the University shall, in organising its activities, have due regard to the following objects for which the Visva-Bharati at Santiniketan was founded by Rabindranath Tagore, as expressed in his own words, namely :-

(i) to study the mind of Man in its realisation of different aspects of truth from diverse points of view;

(ii) to bring into more intimate relations with one another, through patient study and research, the different cultures of the East on the basis of their underlying unity;

(iii) to approach the West from the standpoint of such a unity of the life and thought of Asia;

(iv) to see to realise in a common fellowship of study the meeting of the East and the West, and thus ultimately to strengthen the fundamental conditions of world peace through the establishment of free communication of ideas between the two hemispheres; and

(v) with such ideals in view to provide at Santiniketan aforesaid a Centre of Culture where research into and study of the religion, literature, history, science and art of Hindu, Buddhist, Jain, Islamic, Sikh, Christian and other civilisations may be pursued along with the culture of the West, with that simplicity in externals which is necessary for true spiritual realisation in amity, good fellowship and co-operation between the thinkers and scholars of both Eastern and Western countries, free from all antagonisms of race, nationality, creed or caste and in the name of the One Supreme Being who is Shantam, Shivam, Advaitam.

(2) The objects of the University shall also include harmonising the cultures of India, the East and the West by, among other things, the admission of students and appointment of adhyapakas from various regions of India and various countries of the world, and by providing incentives therefor.

1. Inserted by the Visva-Bharati (Amendment) Act, 1984 (31 of 1984), Section 4 (8-8-1984.)


Section 5B. Principles to be followed in organising activities of the University

The University shall, in organising its activities and the implementation of its academic progammes, have due regard to the pattern of education envisaged by Rabindranath Tagore in his writings. ]

Section 6. Powers of the University

1 [6. Power of the University

The University shall have the following powers, namely :-

(1) to provide facilities for studies instruction, socially useful productive work and community service and research in such branches of learning as may be deemed desirable and found practicable by the University and for the promotion of understanding of cultures between the East and the West and for the advancement of learning and dissemination of knowledge generally;

(2) to undertake educational experiments and evolve contents, systems and methods of education for the furtherance of the objects of the University;

(3) to make provision for research and advisory services; and for that purpose, to enter into such arrangement with other institutions or bodies as the University may deem necessary;

(4) to co-operate, collaborate or associate with any other University, authority or institution of learning in such manner and for such purposes as the University may determine;

(5) to approve any institution of higher learning or studies for such purposes as the University may determine, and to withdraw such approval;

(6) to establish and maintain such Bhavanas, Schools of Studies and Research, Chatravasas, Gymnasia and such other institutions as are deemed necessary, from time to time, for the development of healthy corporate life in the University and to abolish any such Bhavana School, Chatravasa, Gymnasium or other institution;

(7) to establish; at any place in India, campuses, special centres, specialised laboratories or other units for research and instruction as are, in the opinion of the University, necessary for the furtherance of its objects;

(8) to organise the application of class room, library and laboratory learning to problems of the village as part of the curriculum;

(9) to undertake the promotion of adult education, rural reconstruction, co-operative organisations, social welfare, development of cottage industries and all other nation-building activities and works for the benefit of the public;

(10) to establish such examination centres and to recognise such certificates as may be necessary to give effect to the provisions of section 7A;

(11) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions (on the basis of examinations, evaluation or other modes of testing) on persons;

(12) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;

(13) to determine the standards for admission and the methods of admission to courses of the University, which methods shall include examinations, evaluation and other modes of testing;

(14) to supervise the residences of students of the University and to make arrangements for promoting their health and general welfare;

(15) to make such special arrangements in respect of women students as the University may consider desirable;

(16) to regulate the conduct of students of the University, and to take such disciplinary measures in this regard as may be deemed necessary;

(17) to create such teaching and other academic posts as may he required by the University and to appoint persons to such posts;

(18) to appoint Visiting Professors Emeritus Professors, Fellows, Scholars, Resident Artists, Resident, Writers or such other persons who may contribute to the achievement of the objects of the University;

(19) to appoint or recognise persons as Professors, Readers or Lecturers or otherwise as adhyapakas of the University;

(20) to approve persons working in-

(a) any institution co-operating, collaborating or associating with the University; or

(b) any approved institution, for imparting instruction or supervising reseach, or both, to withdraw such approval;

(21) to undertake publication of literary, scientific, educational and scholarly works and books on art, aesthetics and other subjects aimed at better understanding of the different cultures of the world and furthering thereby the objectives of the University;

(22) to appoint persons working in any other University, institution or organisation as adhyapakas of the University for a specified period;

(23) to create administrative, ministerial and other posts in the University and to make appointments thereto;

(24) to provide for the terms and conditions of service of employees, whether employed by the University or any institution;

(25) to regulate the conduct and duties of the employees of the University;

(26) to regulate and enforce discipline among the employees of the University and to take such disciplinary measures in this regard as may be deemed necessary;

(27) to make arrangements for promoting the health and general welfare of the employees of the University;

(28) to demand and receive payment of fees and other charges;

(29) to institute and award fellowships, scholarships, studentships, medals and prizes;

(30) to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties, for the purposes of the University;

(31) to borrow, with the approval of the Central Government, whether on the security of the property of the University or otherwise, money for the purposes of the University;

(32) to establish campuses within the teritorial limits of the University specified in the Second Schedule;

(33) to admit students of any other University or College whether in India or outside to any examination of the University subject to such conditions as the University may lay down for the purpose;

(34) to do all such acts and things as may be necessary or incidental to the exercise of all or any of the powers of the University or as are necessary or conducive to the attainment of all or any of the objects of the University.]

1. Substituted for Section 6 by the Visva-Bharati (Amendment) Act, 1984 (31 of 1984), Section 5 (8-8-1984).


Section 7. Territorial jurisdiction of the University

Save as otherwise provided in this Act, the powers of the University confered by or under this Act shall be restricted to the area specified in the Second Schedule.

Section 7A. Maintenance of examination centres outside territorial limits

1[7A. Maintenance of examination centres outside territorial limits

Notwithstanding anything contained in section 7, the University may establish and maintain, at any place in India examination centres for home-study courses conducted by its Loka Shiksha Samsad (People's Education Council) and recognise, for such purposes as may be provided in the Ordinances, the certificates awarded by the said Loka Shiksha Samad (People's Education Council) on the results of examinations conducted by it.]

1. Inserted by the Viswa-B harati (Amendment) Act, 1961 ), Section 7 (19 -12 -1961 ).


Section 8. University to be open to all races, creeds and classes

The University shall be open to all persons irrespective of sex, nationality, race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students,1[adhyapaka], workers, or in any other connection whatsoever, except in respect of any particular benefaction accepted by the University of which such test is made a condition by the instrument creating such benefaction :

Provided that no benefaction shall hereafter be accepted which in the opinion of the authorities of the University involves conditions or obligations opposed to the spirit and object of this section :

Provided further that nothing in this section shall be deemed to prevent religious instruction being given in any manner approved of by the authorities concerned to those who have given their consent thereto by teachers duly and properly authorized for that purpose.

1. Sub stituted for the word "teachers" by the Visva-B harati (Amendment) Act, 1984 (31 of 1984 ), Section 2 (8 -8 -1984 ).


Section 9. Teaching at the University

All teaching in the University shall be conducted by and in the name of the University in accordance with the Statutes and Ordinances made in this behalf.

Section 10. The Paridarsaka (Visitor)

1 [10. The Paridarsaka (Visitor)

(1) The President of India shall be the Paridarsaka (Visitor) of the University.

(2) Subject to the provisions of sub-sections (3) and (4), the Paridarsaka (Visitor) shall have the right to cause an inspection to be made, by such person or persons as he may specify, of the University, its buildings, laboratories and equipment, and if any Bhavana or other Institution, and also of the examinations, teaching and other work conducted or done by the University, Bhavana or other Institution; and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University.

(3) The Paridarsaka (Visitor) shall give notice to the University of his intention to cause an inspection or inquiry to be made and the University shall, on receipt of such notice, have the right to make, within thirty days or such other period as the Paridarsaka (Visitor) may determine, from the date of receipt of the notice, such representations to the Paridarsaka (Visitor) as it may consider necessary.

(4) After considering the representations, if any, made by the University, the Paridarsaka (Visitor) may cause to be made such inspection or inquiry as is referred to in sub-section (2).

(5) Where any inspection or inquiry has been caused to be made by the Paridarsaka (Visitor), the University shall be entitled to appoint a representative who shall have the right to be present and to be heard at such inspection or inquiry.

(6) The Paridarsaka (Visitor) may address the Upacharya (Vice-Chancellor) with reference to the results of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon as the Paridarsaka (Visitor) may be pleased to offer, and on receipt of the address made by the Paridarsaka (Visitor), the Upacharya (Vice-Chancellor) shall communicate forthwith to the Karma-Samiti (Executive Council) the results of the inspection or inquiry and the views of the Paridarsaka (Visitor) and the advice tendered by him upon the action to be taken thereon.

(7) The Karma-Samiti (Executive Council) shall communicate through the Upacharya (Vice-Chancellor) to the Paridarsaka (Visitor) such action, if any, as it proposes to lake or has been taken by it upon the results of such inspection or inquiry.

(8) Where the Karma-Samiti (Executive Council) does not, within a reasonable time, take action to the satisfaction of the Paridarsaka (Visitor), the Paridarsaka (Visitor) may, after considering any explanation furnished or representation made by the Karma-Samiti (Executive Council), issue such directions as he may think fit and the Karma-Samiti (Executive Council) shall be bound to comply with such directions.

(9) Without prejudice to the foregoing provisions of this section, the Paridarsaka (Visitor) may, by order in writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes or the Ordinances;

Provided that before making any such order he shall call upon the University to show cause why such an order should not be made and, if any cause is shown within a reasonable time, he shall consider the same.

(10) The Paridarsaka (Visitor) shall have such other powers as may be specified in the Statutes.]

1. Substituted for Section 10 by the Visva-Bharati (Amendment) Act, 1984 (31 of 1984), Section 6 (8-8-1984).


Section 11. The Pradhana (Rector)

The Governor of West Bengal shall be the Pradhana (Rector) of the University