THE SANCHI UNIVERSITY OF BUDDHIST-INDIC STUDIES ACT, 2012
No. 1 of 2012
(Published in M.P. Rajpatra (Asadharan) dated 3-1-2013 Pages 2(26-45)
[Received the assent of the Governor on the 1st January, 2013; assent first published in the “Madhya Pradesh Gazette (Extraordinary)”, dated the 3rd January, 2013.]
An Act to provide for establishment and incorporation of the Sanchi University of Buddhist-Indic Studies in the State of Madhya Pradesh to promote study and research in all aspects of Buddhism in India and abroad in conjunction with other Indic systems and to promote the synthesizing character of Indian knowledge and culture and to study all other concerned subjects and for matters connected therewith or incidental thereto.
Be it enacted by the Madhya Pradesh Legislature in the Sixty-third year of the Republic of India as follows:—
1. Short title and commencement.—(1) This Act may be called the Sanchi University of Buddhist-Indic Studies Act, 2012.
(2) It shall come into force from the date of its publication in the Madhya Pradesh Gazette.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Academic Council” means the Academic Council of the University;
(b) “Chancellor” means the Chancellor of the University;
(c) “Executive Council” means the Executive Council of the University;
(d) “General Council” means the General Council of the University;
(e) “Pro-Vice-Chancellor” means the Pro-Vice-Chancellor of the University;
(f) “Registrar” means the Registrar of the University;
(g) “Statutes”, “Acts” and “Regulations” means the Statutes, Ordinances and Regulations of the University for the time being in force;
(h) “University” means “Sanchi University of Buddhist-Indic Studies” established under Section 3;
(i) “University Grants Commission” means the University Grants Commission established under Section 4 of the University Grants Commission Act, 1956 (No. 3 of 1956);
(j) “Vice-Chancellor” means the Vice-Chancellor of the University;
(k) “Visitor” means the Visitor of the University.
3. Establishment and incorporation of University.—(1) There shall be established in the State of Madhya Pradesh a University by the name of “Sanchi University of Buddhist-Indic Studies”.
(2) The headquarters of the University shall be at Sanchi, District Raisen, Madhya Pradesh.
(3) The University shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire and hold property both movable and immovable, to transfer any property held by it and to contract and to do all other things necessary for the purposes of its constitution and shall sue and be sued by the said name.
(4) In all suits and proceedings by or against the University, the pleadings shall be signed and verified by the Registrar or a representative appointed by him or by any person nominated by him for this purpose and all process in such suits and proceedings shall be issued to and served on the Registrar.
4. Objectives of University.— The objectives of the University are to promote study and research in Buddhist-Indic Studies including the principles of Dhamma, a foundational tenet of Indian culture and to facilitate the cross-pollination of ideas and foster harmony amongst different civilizations of the world. For attainment of these objectives the University shall-
(i) impart education in Buddhist teachings, contemporary philosophy, traditions and practices.
(ii) promote interaction amongst countries of Asia bound by strong historical commonalties of knowledge in areas such as religion, philosophy and culture;
(iii) contribute to the promotion of world peace and harmony by bringing together cultures and civilizations of Asia;
(iv) contribute to the improvement of the educational system in India by providing new perspectives on alternative systems of education;
(v) provide education and training in relevant arts, crafts and skills of Asia; (vi) and to achieve the above, create a partnership amongst the scholars and academics of Asia and the world.
5. Jurisdiction.—(1) The jurisdiction of the University shall extend to the whole of the State of Madhya Pradesh:
Provided that the State Government may permit the University to collaborate with any institution outside the State of Madhya Pradesh or abroad for carrying out partly or wholly any of its teaching or research activities.
(2) The University may seek support from the Government of Madhya Pradesh, Government of India and from other sources.
6. Prohibition of discrimination in all matters connected with University.—The University shall not discriminate against any citizen of India on grounds of religion, race, caste, creed, sex, place of birth, political or other opinion or any of them in the exercise of powers or performance of functions conferred or imposed upon it by or under this Act.
7. Powers and functions of University.—The powers and functions of the University shall be as under:—
(i) to provide, upgrade and promote holistic and comprehensive education, training and research as set out in the objectives, and to create an enabling and conducive environment for the pursuit of such education;
(ii) to promote the study and design of innovative courses and effective methods of teaching and study;
(iii) to set up a consortium of international partners in furtherance of the objectives of the University;
(iv) to generate resources through consultancy services, continuing education programmes, national and international collaborations and intellectual property rights;
(v) to prescribe qualifications and to regulate the admission of students to course of study for a degree, diploma or certificate to be awarded by the University;
(vi) to establish and develop a library and preserve literature and manuscripts in physical and digital forms;
(vii) to hold examinations and to grant diplomas or certificates, and to confer degrees and other academic distinctions on persons subject to such conditions as the University may determine and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;
(viii) to confer honorary degrees or other distinctions in the manner laid down in the Statutes;
(ix) to fix, demand and receive fees and other charges;
(x) to establish and maintain hostels and halls of residences and to recognize and control halls of residence of students not maintained by the University and other accommodation and to withdraw such recognition accorded to any such place of residence;
(xi) to institute professorships, associate professorships, assistant professorships, readerships and lecturership and any other teaching, academic or research posts required by the University and to make appointments thereto;
(xii) to create technical, administrative, ministerial and other posts and to make appointments thereto;
(xiii) to regulate and enforce discipline among the students and employees of the University and to take such disciplinary measures as may be deemed necessary;
(xiv) to institute and award fellowships, scholarships, prizes and medals;
(xv) to give up and cease from carrying on any classes or departments of the University;
(xvi) to co-operate with any other organization in the matter of education, training and research of Buddhism and allied subjects for such purposes as may be agreed upon on such terms and conditions as the University may from time to time determine;
(xvii) to regulate the expenditure and to manage the accounts of the University;
(xviii) to receive such grants, subventions, subscriptions, donations and gifts for the purpose of the University and consistent with the objects for which the University is established;
(xix) to purchase, take on lease or accept as gifts or otherwise any land or building or works, which may be necessary or convenient for the purpose of the University on such terms and conditions as it may deem fit and proper and to construct or alter and maintain any such buildings or works;
(xx) to sell, or otherwise dispose of all or any portion of movable properties of University, on such terms as it may deem fit and proper without prejudice to the interest and activities of the University;
(xxi) to sell, or otherwise dispose of all or any portion of immovable properties of University, on such terms as it may deem fit and proper without prejudice to the interest and activities of the University, with prior permission of the State Government;
(xxii) to negotiate promissory notes, bills of exchange, cheques or other negotiable instruments;
(xxiii) to execute conveyances, transfers, re-conveyances, mortgages, leases and agreements in respect of movable or immovable property including Government securities belonging to the University or to be required for the purpose of the University;
(xxiv) to appoint any such person as it may deem fit, to execute an instrument or transact any business or discharge the functions of the University under above clauses (xviii), (xix), (xx) and (xxi);
(xxv) to enter into any agreement with Central Government, State Government, the University Grants Commission or other authorities for receiving grants;
(xxvi) to raise and borrow money on bonds, mortgage, promissory notes or other obligations or securities founded or based upon all or any of the properties and assets of the University or without any securities upon such terms and conditions as it may deem fit and to payout of the funds of the University all expenses incidental to the raising of money and to repay and redeem any money borrowed;
(xxvii) to invest the funds of the University or fund entrusted to the University in or upon such securities and in such manner as it may deem fit and from time to time transpose any investment;
(xxviii) to make such regulations as may, from time to time, be considered necessary for regulating the affairs and the management of the University and to alter, modify and rescind them;
(xxix) to constitute for the benefit of the academic, technical, administrative and other staff, in such manner and subject to such conditions as may be prescribed by the Statutes, such pension, insurance and gratuity as it may deem fit and to make such grants as it may think fit for the benefit of any employees of the University and to aid in establishment and support of the associations, institutions, funds, trusts and conveyance calculated to benefit the staff and the students of the University; and
(xxx) to do all such other acts and things as the University may consider necessary, conducive or incidental to the attainment or enlargement of all or any of its objectives.
8. Teaching in University.—(1) All recognised teaching in connection with the degrees, diplomas and certificates of the University shall be conducted under the control of the General Council by the teachers of the University in accordance with the syllabus prescribed by the regulations.
(2) The courses and curricula and the authorities responsible for organising such teaching shall be as prescribed by the Regulations.
Explanation.—In sub-section (1), “teacher” means professors, associate professors, assistant professors, readers and such other persons appointed with the approval of the Academic Council as well as the Executive Council, for imparting education and conducting research in the college or institution run by the University.
9. Visitor.—(1) The Governor of Madhya Pradesh shall be the Visitor of the University.
(2) The Visitor shall have the right to cause an inspection of the University its buildings, laboratories and equipments of any college and of any institution maintained by the University and also of the examinations, teaching and other work conducted or done by the University to be made by such persons or as he may direct, and to cause an inquiry to be made in like manner in respect of any matter connected with the University.
(3) The Visitor shall in every case give notice to the University of his intention to cause an inspection or inquiry to be made, and the University shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry.
(4) The Visitor may address the Vice-Chancellor with reference to the result of such inspection and inquiry, and the Vice-Chancellor shall communicate to the Executive Council the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon.
(5) The Executive Council shall communicate through the Vice-Chancellor to the Visitor such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry.
(6) Where the Executive Council does not within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Executive Council, issue such directions as he may think fit and the Executive Council shall be bound to comply with such directions.
(7) Without prejudice to the foregoing provisions of this section, the 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 shall consider the same.
10. Chancellor of University.—(1) The General Council shall appoint any person who is a scholar of international repute to be the Chancellor of the University:
Provided that the sitting Chancellor shall not be present in a General Council meeting in which the appointment of next Chancellor is discussed.
(2) The Chancellor shall hold office for a term of three years:
Provided that the Chancellor shall, notwithstanding the expiration of his term, continue to hold office until the appointment of his successor.
(3) If the office of the Chancellor becomes vacant the functions of his office shall, until some person is appointed under sub-section (1) to the vacant office, be performed by the Vice-Chancellor.
11. Powers of Chancellor.—(1) The Chancellor shall, by virtue of his office, be the Head of the University,
(2) The Chancellor shall, if present, preside at the convocation of the University for conferring degrees.
12. Officers of University.—The following shall be the officers of the University, namely:—
(i) the Chancellor,
(ii) the Vice-Chancellor,
(iii) the Pro-Vice-Chancellor,
(iv) the Registrar,
(v) Deputy Registrar,
(vi) Assistant Registrar,
(vii) the Finance Officer,
(viii) Controller of Examination, and
(ix) such other officers as may be declared by the Statutes to be the officers of the University.
13. Vice-Chancellor.—(1) The Vice-Chancellor shall be appointed by the Visitor, on such emoluments and other conditions of service as may be prescribed by the Statutes, from a panel of not less than three persons recommended by the General Council:
Provided that when the General Council considers names for a panel to be recommended to the Visitor for the post of Vice-Chancellor, the sitting Vice-Chancellor shall not be present in the meeting and the Secretary-in-charge of Culture Department shall act as Member Secretary of General Council:
Provided further that the first Vice-Chancellor shall be appointed by the Visitor on the recommendation of the State Government.
(2) The Vice-Chancellor shall hold office for a term of four years and shall not be eligible for appointment for more than two terms:
Provided that he shall cease to hold office on attaining the age of seventy years:
Provided further that notwithstanding the expiry of his terms he shall continue to hold office until his successor is appointed and enters upon his office but this period shall not in any case exceed six months.
(3) The Vice-Chancellor shall be the principal academic and Executive Officer of the University, and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University.
(4) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matter:
Provided that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Chancellor whose decision thereon shall be final:
Provided further that any person in the service of the University who is aggrieved by any action taken by the Vice-Chancellor under this sub-section shall have the right to represent against such action to the General Council within ninety days from the date on which decision on such action is communicated to him and thereupon the General Council may confirm, modify or reverse the action taken by the Vice-Chancellor.
(5) If the Vice-Chancellor is of the opinion that a decision of any authority of the University is beyond the powers of the authority conferred by the provisions of this Act, the Statutes or the Ordinances or that any decision taken is not in the interest of the University, he may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review its decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred by the Vice-Chancellor to the Visitor whose decision thereon shall be final.
(6) The Vice-Chancellor shall exercise such other powers and discharge such other functions as may be prescribed by the Statutes or the Ordinances.
14. Pro-Vice-Chancellor.—(1) The Vice-Chancellor shall nominate one of the Deans as Pro-Vice-Chancellor who shall hold office at the pleasure of the Vice-Chancellor and shall perform such functions as may be assigned to him by the Vice-Chancellor.
(2) The tenure of the Pro-Vice-Chancellor shall be co-terminus with that of the Vice-Chancellor.
15. Registrar.—(1) The Registrar shall be a whole time officer of the University and shall be appointed by the State Government or shall be appointed on deputation. The terms and conditions of service of the Registrar shall be such as may be prescribed by the Statutes.
(2) The Registrar shall have the power to enter into agreement and sign documents and authenticate records on behalf of the University.
(3) The Registrar shall exercise such powers and discharge such functions as may be prescribed by the Statutes.
(4) The Registrar shall be Member Secretary of the Executive Council.
16. Deputy Registrar and Assistant Registrar.—(1) The Deputy Registrar and Assistant Registrar shall be appointed on deputation by the State Government. The terms and conditions of service of the Deputy Registrar and Assistant Registrar shall be such as may be prescribed by the Statutes.
(2) The Deputy Registrar and Assistant Registrar shall exercise such powers and discharge such functions as may be prescribed by the Statutes.
17. Finance Officer.—The Finance Officer shall be a whole time officer of the University and shall be appointed by the State Government, or shall be appointed on deputation. The terms and conditions of service of the Finance Officer shall be such as may be prescribed by the Statutes.
18. Controller of Examinations.—The Controller of Examinations shall be appointed in such manner and on such terms and conditions of service and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.
19. Other Officers.—The manner of appointment and emoluments, powers and duties of other officers of the University shall be prescribed by the Statutes.
20. Authorities of University.—The following shall be the Authorities of the University:—
(i) The General Council,
(ii) The Executive Council,
(iii) The Academic Council,
(iv) The Finance Committee, and
(v) such other authorities as may be prescribed by the Regulations.
21. General Council.—There shall be a General Council of the University which shall consist of the following members, namely:—
A. Ex-officio Members
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(i) Chief Minister of Madhya Pradesh
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Chairman
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(ii) Chancellor
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Vice-Chairman
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(iii) Minister-in-charge of Culture Department, Government of Madhya Pradesh
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Member
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(iv) Minister-in-charge of Finance Department, Government of Madhya Pradesh
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Member
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(v) Secretary-in-charge of Culture Department, Government of Madhya Pradesh
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Member
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(vi) Secretary-in-charge of Higher Education Department, Government of Madhya Pradesh
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Member
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(vii) Secretary-in-charge of Finance Department, Government of Madhya Pradesh
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Member
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(viii) The Director/Vice-Chancellor of Central Institute Member of Higher Tibetan Studies, Sarnath
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Member
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(ix) Vice-Chancellor
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Member-Secretary
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B. Nominated Member
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(x) Two scholars from the field of Buddhist-Indic studies nominated by the Visitor in consultation with the State Government
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Member
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(xi) Six eminent persons in the field of Arts, Science, Literature and public life to be nominated by the Government of Madhya Pradesh
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Member
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(xii) One member to be nominated by Ministry of Human Resources, Government of India
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Member
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22. Term of office of Members of General Council.—(1) The term of office of the nominated members of the General Council shall be five years and in special circumstances the State Government may extend the term for one year.
(2) Where a member of the General Council becomes such member by reason of the office or appointment he hold, or is a nominated member, his membership shall terminate when he ceases to hold such office or appointment or, as the case may be, his nomination is withdrawn or cancelled.
(3) A member of the General Council shall cease to be a member, if he resigns or becomes of unsound mind or becomes insolvent or is convicted of a criminal offence involving moral turpitude or if a member other than the Vice-Chancellor accepts a full time appointment in the University or if he fails to attend three consecutive meetings of the General Council without the leave of the Chairman or acts against the interests of the University.
(4) A member of the General Council may resign his office by a letter addressed to the Chairman and such resignation shall take effect as soon as such resignation has been accepted by him.
(5) Any vacancy in the General Council shall be filled either by appointment or nomination, as the case may be, of a person by respective authority entitled to make the same and the person so appointed or nominated shall hold office so long only as the member in whose place he is appointed or nominated could hold office if the vacancy had not occurred.
23. Powers of General Council.—=The General Council shall have the following powers, namely:—
(i) to exercise the powers and functions of University laid down in section 7, except where such powers are given to some other authority or officer of the University;
(ii) to review from time to time the broad policies and programmes of the University and to take measures for the improvement and development of University;
(iii) to consider and pass resolutions, as deemed fit on the annual report, financial estimates, annual accounts and the audit reports on such accounts;
(iv) to delegate all or any of its powers to the Vice-Chancellor or any committee or any sub-committee or to anyone or more of its members or any employee of the University;
(v) to discharge such other functions as it may deem necessary for the efficient functioning and administration of the University; and
(vi) to approve or review or cancel any decision, act or resolution of the Executive Council and the Academic Council.
24. Meetings of General Council.—(1) The General Council shall meet at least once in a year and at least fifteen days notice shall be given for its meetings.
(2) The Chairman shall preside over the meeting and in his absence the Chancellor shall preside over the meeting.
(3) One third of the total number of members of the General Council shall form the quorum for a meeting.
(4) Each member shall have one vote and if there be equality of votes on any question to be determined by the General Council, the Chairman or the person presiding over the meeting shall, in addition, have a casting vote.
(5) If urgent action by the General Council becomes necessary, the Chairman may permit the business to be transacted by circulation of papers to the members of the General Council, and the action proposed to be taken shall not be taken unless agreed to by a majority of the members of the General Council and the action so taken shall be forthwith intimated to all the members of the General Council and the papers shall be placed before the next meeting of the General Council for confirmation.
(6) A report of the working of the University during the previous year, together with a statement of receipts and expenditure, the balance sheet duly audited and the financial estimate shall be presented by the Vice-Chancellor to the General Council at its annual meeting.
25. Chairman and Members of Executive Council.—(1) There shall be an Executive Council of the University which shall consist of the following members, namely:—
(i) The Vice-Chancellor—Chairman;
(ii) Three members of the General Council to be nominated by the General Council—Members;
(iii) Secretary-in-charge of Culture Department, Government of Madhya Pradesh or his nominee not below the rank of Deputy Secretary—Member;
(iv) Secretary-in-charge of Finance Department, Government of Madhya Pradesh or his nominee not below the rank of Deputy Secretary—Member;
(v) Secretary-in-charge of Higher Education Department, Government of Madhya Pradesh or his nominee not below the rank of Deputy Secretary—Member;
(vi) One professor of the University by seniority on a rotation basis—Member;
(vii) One Dean of the University from amongst the Deans by seniority on a rotation basis—Member.
(2) The Registrar shall be the Secretary of the Executive Council.
(3) The term of office of the Executive Council shall be three years and the term of the members shall be coterminous with the term of the Executive Council.
26. Executive Council.—(1) The Executive Council shall be the chief executive body of the University.
(2) The administration, management and control of the university and the income thereof shall be vested with the Executive Council which shall control and administer the property and funds of the University.
27. Term of office of Executive Council.—(1) Where a person has become a member of the Executive Council by reason of the office or appointment he holds, his membership shall terminate when he ceases to hold that office or appointment.
(2) A member of the Executive Council shall cease to be a member if he resigns or becomes of unsound mind or becomes insolvent or is convicted of a criminal offence involving moral turpitude or if a member other than the Vice Chancellor or a member of a faculty accepts a full time appointment in the University or if he fails to attend three consecutive meetings of the Executive Council without the leave of the Chairman of the Executive Council, or acts against the interests of the University.
(3) Unless their membership of the Executive Council is previously terminated as provided in sub-section (1) or (2), members of the Executive Council shall relinquish heir membership on the expiry of five years from the date on which they become members of the Executive Council.
(4) A member of the Executive Council other than an ex-officio member may resign his office by a letter addressed to the Chairman of the Executive Council and such resignation shall take effect as soon as it is accepted by the Chairman of the Executive Council.
(5) Any vacancy in the Executive Council shall be filled either by appointment or nomination, as the case may be, by the respective authority entitled to make the same and on the expiry of the period of the vacancy such appointment or nomination shall cease to Ox effective.
28. Powers and functions of Executive Council.—Without prejudice to the provisions of Section 23, the Executive Council shall have the following powers and functions:—
(i) to create, abolish or classify teaching posts in the University and to determinate the qualifications, emoluments and duties attached thereto after considering the recommendations of the Academic Council:
Provided that the teaching post shall be created with the prior approval of the State Government;
(ii) to appoint from time to time, the librarian, professors and other members of the teaching staff as may be necessary on the recommendations of the selection committee constituted by regulations for the purpose;
Provided that it shall not be necessary to constitute any selection committee for making appointment:—
(a) to any supernumerary post; or
(b) to the post of Professor of a high academic distinction, eminence and professional attainment;
(iii) to create administrative, ministerial and other necessary posts, with the prior sanction of the State Government and to determine the minimum qualifications and emoluments of such posts;
(iv) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University and for that purpose to appoint such agents, as it may deem fit;
(v) to transfer or accept transfer of any movable property on behalf of the University subject to the approval of the General Council;
(vi) to transfer or accept transfer of any immovable property on behalf of the University with prior permission of the State Government;
(vii) to enter into, vary, carryout and cancel contracts on behalf of the University and for that purpose to appoint such officers as it may deem fit;
(viii) to provide the buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University.
29. Meeting of Executive Council.—(1) The Executive Council shall meet at least once in four months.
(2) The Chairman of the Executive Council shall preside over a meeting of the Executive Council, and in his absence the members present shall elect a person from amongst themselves to preside over the meeting.
(3) One half of the total members of the Executive Council shall form the quorum at any meeting thereof.
(4) Each member of the Executive Council shall have one vote and if there be equality of votes on any question to be determined by the Executive Council, the Chairman of the Executive Council, or as the case may be, the member presiding over that meeting shall, in addition, have a casting vote.
(5) If urgent action by the Executive Council becomes necessary, the Vice-Chancellor may permit the business to be transacted by circulation of papers to the members of the Executive Council and the action proposed to be taken shall not be taken unless agreed to by a majority of members of the Executive Council and the action so taken shall be forthwith intimated to all the members of the Executive Council and the papers shall be placed before the next meeting of the Executive Council for confirmation.
30. Constitution of Standing Committees and appointment of ad-hoc committees.—(1) Subject to the provisions of this Act and the regulations made in this behalf, the Executive Council may, by resolution, constitute such Standing Committees or appoint ad-hoc Committees for such purposes and with such powers as the Executive Council may think fit for exercising any power or discharging any function of the University or for enquiring into, reporting or advising upon any matter relating to the University.
(2) The Executive Council may constitute or appoint Committees or sub-Committees as may be prescribed by regulations.
(3) The Executive Council may co-opt such persons to a Standing Committee or an ad-hoc Committee as it considers suitable and may permit them to attend the meetings of the Executive Council.
31. Academic Council.—(1) The Academic Council shall be the academic body of the University and shall, subject to the provisions of this Act and the Statutes, Ordinances and regulations made thereunder, have power of control and general regulation of and be responsible for the maintenance of standards of instructions, education and examination of the University and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act and the Statutes, Ordinances and regulations made thereunder, and it shall have the right to advise the General Council on all academic matters.
(2) The Academic Council shall consist of the following members, namely:—
(i) the Vice-Chancellor, who shall be the Chairman thereof;
(ii) three experts nominated by Vice-Chancellor, who are working in other Universities;
(iii) All the Deans and Heads of the Department and two professors nominated by the Vice-Chancellor; and
(iv) one member of the teaching staff representing associate and assistant professors of the University nominated by the Vice-Chancellor:
Provided that an employee of the University shall not be eligible for nomination under clause (ii) above.
(3) The term of office of the members other than ex-officio members shall be three years:
Provided that the term of the first Academic Council shall be five years, that of second and third Academic Council shall be of three years each.
(4) Registrar shall be Secretary of the Academic Council.
32. Powers and duties of Academic Council.—Subject to the provisions of this Act and the Statutes, Ordinances and regulations made thereunder, the Academic Council shall, in addition to all other powers vested in it, have the following powers, namely:—
(i) to report on any matter referred or delegated to it by the General Council or the Executive Council;
(ii) to make recommendations to the Executive Council with regard to the creation, abolition or classification of teaching posts in the University and the qualifications, emoluments and duties attached thereto;
(iii) to formulate and modify or revise schemes for organisation of the faculties and to assign to such faculties their respective subjects and also to report to the Executive Council as the expediency of the abolition or sub-division of any faculty or the combination of one faculty with another;
(iv) to make arrangements through regulations for the instruction and examination of persons other than those enrolled in the University;
(v) to promote research within the University and to require, from time to time, report on such research;
(vi) to consider proposals submitted by the faculties;
(vii) to appoint committees for admission to the University;
(viii) to recognize diplomas and degrees of other Universities and institutions and to determine their equivalence in relation to the diplomas and degrees of the University;
(ix) to fix, subject to any conditions accepted by the General Council, the time, mode and conditions of competitions for fellowships, scholarships and other prizes and to award the same;
(x) to make recommendations to the Executive Council in regard to the appointment of examiners and if necessary their removal and the fixation of their fees, emoluments, and travelling and other expenses;
(xi) to declare the result of the various examinations or to appoint committees or officers to do so, and to make recommendations regarding the conferment of degrees, honours, diplomas, titles and marks of honour;
(xii) to award stipends, scholarships, medals and prizes, and to make other awards in accordance with the Ordinances and such other conditions as may be attached to the awards;
(xiii) to publish list of prescribed or recommended text books and to publish syllabus of the prescribed courses of study;
(xiv) to prepare such forms and registers as are, from time to time, prescribed by regulations; and
(xv) to perform, in relation to academic matters, all such duties and to do all such acts as may be necessary for the proper carrying out of the provisions of this Act and the Statutes, Ordinances and regulations made thereunder;
(xvi) to exercise such other powers and to perform such other duties as may be conferred or imposed on it by or under this Act.
33. Meetings of Academic Council.—(1) The Academic Council shall meet as often as may be necessary, but not less than twice during an academic year.
(2) The Chairman of the Academic Council shall preside over the meeting of the Academic Council and in his absence the members present shall elect a person from amongst themselves to preside over the meeting.
(3) One half of the total number of members of the Academic Council shall form the quorum for a meeting of the Academic Council.
(4) Each member of the Academic Council shall have one vote and if there be an equality of votes on any question to be determined by the Academic Council, the Chairman of the Academic Council or, as the case may be, the member presiding over the meeting, shall, in addition, have a casting vote.
(5) If urgent action by the Academic Council becomes necessary, the Vice-Chancellor may permit the business to be transacted by circulation of papers to the members of the Academic Council and the action proposed to be taken shall not be taken unless agreed to by a majority of members of the Academic Council and the action so taken shall be intimated forthwith to all the members of the Academic Council and the papers shall be placed before the next meeting of the Academic Council for confirmation.
34. Finance Committee.—(1) There shall be a Finance Committee consisting of the following members, namely:—
(i) the Vice-Chancellor;
(ii) three members nominated by the Executive Council from amongst its members;
(iii) an officer each of the Finance Department and the Culture Department (not below the rank of Deputy Secretary) Government of Madhya Pradesh, to be nominated by the State Government;
(iv) the Finance Officer of the University shall be the Member-Secretary.
(2) The Finance Committee shall have the following powers, duties and functions, namely:—
(i) to examine and scrutinize the annual budget of the University and to make recommendations on financial matters to the Executive Council;
(ii) to consider all proposals for new expenditure and to make recommendations to the Executive Council;
(iii) to consider the periodical statements of accounts and to review the finances of the University from time to time and to consider reappropriation statements and audit reports and to make recommendations to the Executive Council;
(iv) to give its views and to make recommendations to the Executive Council on any financial matter affecting the University either on its own initiative or on reference from the Executive Council or the Vice-Chancellor.
(3) The Finance Committee shall meet at least once in six months and three members of the Finance Committee shall form its quorum.
(4) The Vice-Chancellor shall preside over the meetings of the Finance Committee, and in his absence the members present shall elect a person from amongst themselves to preside over the meeting.
35. Selection Committee.—(1) The Executive Council shall constitute Selection Committee for making recommendations to the Executive Council for appointment to posts of professors, associate professors and other teachers in the University.
(2) The Selection Committee shall consist of the following members:—
(i) the Vice-Chancellor, who shall be the Chairman of the Committee;
(ii) three subject experts nominated by the Chancellor from a panel submitted by the Academic Council of five experts in the subject, not connected with the University in any manner whatsoever:
Provided that atleast one of the three experts shall be nominated from category of Scheduled Castes, Scheduled Tribes or Other Backward Classes. In case of non-availability of an expert from these categories, one Administrative Officer not below the rank of Commissioner, who belongs to reserved categories, shall be nominated;
(iii) three members nominated by the State Government.
(3) The meeting of the Selection Committee shall be convened by the Vice-Chancellor as and when necessary and three members shall constitute its quorum.
(4) On the recommendation of the Executive Council, the Vice-Chancellor shall have power to appoint scholars and subject experts in the University on special service conditions so as to attract them for teaching.
(5) To achieve the objective of the University, the State Government may employ its teachers on deputation for a fixed tenure following a prescribed procedure.
36. School of Studies.—(1) There shall be such number of Schools, Centres and Departments of Studies as the General Council may determine from time to time.
(2) Without prejudice to the foregoing provision, the University shall have the following Schools of Studies, which may be established in phases as the General Council may decide ;-
(i) School of Buddhist Philosophy;
(ii) School of Sanatana Dharma and Indic Studies;
(iii) School of International Buddhist Studies;
(iv) School of Comparative Religions;
(v) School of Language, Literature & Arts.
(3) The General Council may set-up, re-organize or close the Schools/Centres/ Departments on the recommendation of the Academic Council.
(4) Every School of Study shall have a Dean who shall be appointed in the manner provided in the Statutes.
(5) Every School of Studies shall have a Board comprising of such members as may be prescribed by the Statutes.
(6) The powers and functions of the Board of School of Studies shall be such as may be prescribed by the Statutes.
37. Statutes.—Subject to the provisions of this Act and the Ordinances and regulations made thereunder, the Statutes may provide for all or any of the following matters, namely:—
(a) the constitution, powers and duties of such bodies as may be deemed necessary to constitute from time to time;
(b) the manner of election or appointment and the term of office of the! members of the bodies referred to in clause (a) including the continuance in the office of the first members and filling of vacancies of members and all other matters relating to those bodies for which it may be necessary or desirable to provide;
(c) emoluments and other terms and conditions of service of the Vice-Chancellor and his powers and duties;
(d) the term of office, conditions of service and emoluments of the Pro-Vice-Chancellor and his powers and duties;
(e) powers and duties of the Registrar and other officers and employees of the University and the conditions of their service;
(f) the constitution of a pension and the establishment of any insurance scheme and provision of gratuity and other benefits for the benefit of the officers, teachers and other employees of the University;
(g) the holding of convocation to confer degrees;
(h) conferment of honorary degrees;
(i) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(j) the establishment and abolition of faculties, halls, colleges, teaching departments, schools of studies and institutions maintained by the University;
(k) the conditions under which colleges and other institutions may be admitted to the privileges of the University;
(l) the extent of the autonomy which the teaching departments of the University, schools of studies or colleges may have and the matters in relation to which such autonomy may be exercised;
(m) qualifications of Professors, Associate Professors, Readers, Lecturers and other teachers in affiliated colleges and recognized institutions;
(n) the administration of endowments, and the institutions of fellowships, scholarships, studentship, exhibitions, bursaries, medals, prizes and other awards;
(o) the emoluments and terms and conditions of service of the officers and the emoluments and scales of teachers of the University paid by the University;
(p) the mode of determining seniority of Officers and employees of the University;
(q) the maintenance of a register of registered graduates; and
(r) all other matters which by this Act are to be provided for by Statutes.
38. Statutes how made.—(1) The first Statutes of the University shall be prepared by the Executive Council.
(2) The General Council may, from time to time, make, amend or repeal any Statutes.
39. Ordinance.—Subject to the provisions of this Act and the Statutes and regulations made thereunder, the Ordinances may provide for all or any of the following matters, namely:—
(a) the admission of students to centres, teaching departments, schools of studies and laboratories and levy of fees and their enrolment;
(b) the degrees, diplomas, certificates and other academic distinctions to be awarded by the University and the qualifications of the same;
(c) the examinations leading to the degrees, diplomas and certificates of the University;
(d) the fees to be charged for courses of study in the University and for admission to the examination, degrees and diplomas of the University;
(e) laying down conditions for appearing at examinations for degrees, diplomas, certificates and other academic distinction;
(f) conduct of examinations;
(g) the condition of the award of fellowships, scholarship, studentships, exhibitions, medals, prizes etc.;
(h) the maintenance of discipline amongst the students of the University;
(i) the conditions of residence of the students of teaching departments, colleges, schools of studies and the levy of fees for residence in halls;
(j) the recognition and inspection of halls;
(k) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and prescribing for them special courses of study;
(l) giving of moral instructions;
(m) the management of colleges and other institutions founded or maintained by the University;
(n) the supervision and inspection of colleges and other institutions admitted to the privileges of the University;
(o) the duties, qualifications and conditions of appointment including pay scales of teachers of the University paid by the University;
(p) the duties and powers of the Boards and Committees to be appointed by the University jointly with any other University or body;
(q) the rules to be observed and enforced by affiliated colleges and recognized institutions in respect of transfer of students;
(r) the register of students to be kept by affiliated colleges and recognized institutions:
(s) the mode of execution of contracts or agreements by or on behalf of the University;
(t) the rates at which travelling allowance and daily allowance shall be admissible to the members of the authorities, committees and other bodies of the University, the examiners, the officers and staff of the University;
(u) constitution of Students’ Union and its mode; and
(v) all other matters which by this Act are also to be or may be provided for by the Ordinances:
Provided that an Ordinance under item (o) shall be subject to the payment of the salaries to the teachers of the University paid by the University in accordance with scales fixed by the Executive Council by Ordinance with the prior approval of the State Government.
40. Ordinances how made.—(1) All Ordinances except the first Ordinance shall be made by Vice-Chancellor after the approval of the State Government and thereafter the Ordinance shall be made by the Executive Council.
(2) An Ordinance made by the Executive Council shall come into force from the date on which it is approved by the General Council.
41. Regulations.—(1) Subject to the provisions of this Act, the Executive Council shall have, in addition to all the other powers vested in it, the power to frame regulations to provide for the administration and management of the affairs of the University:
Provided that the Executive Council shall not make any regulation affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing the opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council:
Provided further that except with the prior concurrence of the Academic Council, the Executive Council shall not make, amend or repeal any regulation affecting any or all of the following matters, namely:—
(i) the constitution, powers and duties of the Academic Council;
(ii) the authorities responsible for organising teaching in connection with the University courses and related academic programmes;
(iii) the establishment and abolition of faculties, departments, halls and institutions;
(iv) conditions and modes of appointment of examiners, and conduct and standard of examinations or any other course of study;
(v) mode of enrollment and admission of students;
(vi) examinations to be recognised as equivalent to conduct and standard of examinations of the University.
(2) The Academic Council shall have the power to propose regulations on all the matters specified in clauses (i) to (vi) of sub-section (1) and matters connected therewith or incidental thereto.
(3) Where the Executive Council has rejected the draft of a regulation proposed by the Academic Council, the Academic Council may appeal to the Chancellor and the Chancellor may, by order, direct that the proposed regulation may be laid before the next meeting of the General Council for its approval and pending such approval of the General Council it shall have effect from such date as may be specified in that order:
Provided that if the regulation is not approved by the General Council at such meeting, it shall cease to have effect.
(4) All regulations made by the Executive Council shall be placed before the General Council at its next meeting, and the General Council shall have the power to amend or cancel any regulation made by the Executive Council:
Provided that the regulations so far as they relate to the gratuity and pension as enumerated in section 43, shall come into force only after approval by the General Council.
42. Appointment of Review Committee.—(1) The General Council may once in every five years constitute a Committee to review the working of the University and to make recommendations.
(2) The Committee shall consist of not less than three eminent educationists one of whom shall be the Chairman.
(3) The terms and conditions of the appointment of the members shall be such as the General Council may determine.
(4) The Committee shall, after holding such enquiry as it deems fit, make its recommendation to the General Council.
43. Gratuity and Pension.—All the permanent employees of the University shall be entitled to the benefit of gratuity and pension in accordance with such Statutes as may be framed in that behalf. The State Government shall not have any responsibility of payment of pension and gratuity of the teachers, officers and employees appointed by the University.
44. Fund of University.—(1) There shall be for the University, a University Fund which shall include:—
(i) any contribution or grant made by the State Government;
(ii) any contribution or grant made by the University Grants Commission or the Central Government;
(iii) any bequests, donations, endowments or other grants made by private individuals or institutions or International Institute;
(iv) income received by the University from fees and charges; and (v) amounts received from any other source.
(2) The amount in the said Fund shall be kept in a scheduled bank as defined in the Reserve Bank of India Act, 1934 (No. 2 of 1934) or may be invested in such securities authorized by the Indian Trusts Act, 1882 (No. 2 of 1882) as may be decided by the Executive Council.
(3) The said Fund may be utilized for such purpose of the University and in such manner as may be prescribed by regulations.
45. Annual accounts and audit.—(1) The annual accounts of the University shall be prepared under the directions of the Executive Council.
(2) The accounts of the University shall, at least once in a year, be audited by the auditors appointed by the Executive Council.
(3) A copy of the audited accounts together with the audit report shall be placed before the General Council and also shall be submitted to the State Government and thereafter it shall be published by the Executive Council.
(4) The annual accounts shall be considered by the General Council at its annual meeting and the General Council may pass resolutions with reference thereto and communicate the same to the Executive Council and the Executive Council shall consider the suggestions made by the General Council and take such action thereon as it deems fit and the Executive Council shall inform the General Council at its next meeting all actions taken by it or the reasons for not taking action.
46. Financial Estimates.—(1) The Executive Council shall prepare before such date as may be prescribed by the regulations, the financial estimates for the ensuing year and place the same before the General Council.
(2) The Executive Council may, in case where the expenditure is in excess of the amount provided in the budget is to be incurred or in cases of urgency for reasons to be recorded in writing, incur expenditure subject to such restrictions and conditions specified in the regulations and where no provisions has been made in the budget in respect of such excess expenditure a report shall be made to the General Council at its next meeting.
47. Annual Report.—(1) The Executive Council shall prepare an annual report, containing such particulars as are prescribed by regulations or as may be specified by the General Council by passing resolution and the Executive Council shall take action in accordance therewith and the action taken shall be intimated to the General Council.
(2) Copies of the annual report alongwith the resolution of the General Council thereon shall be submitted to the State Government and the State Government shall, as soon as may be, cause the same to be laid on the table of the Legislative Assembly.
48. Execution of contracts.—All contracts relating to the management and administration shall be executed by the Vice-Chancellor under his seal and signature, when the value of the contract is above ten lakh rupees and by the Registrar, when its value does not exceed ten lakh rupees.
49. Grant of degree, diploma, certificates etc.—Notwithstanding anything contained in any other law for the time being in force, the University shall have power to grant degree, diplomas, certificates and other academic distinctions and titles under this Act.
50. Honorary degrees.—If not less than two thirds of the members of Academic Council, recommended that an honorary degree or academic distinction and titles be conferred on any person on the ground that he is in their opinion by reason of eminent attainment and position, fit and proper to receive such degrees or academic distinction and title, the General Council may, by a resolution, decide that the same may be conferred on the person recommended.
51. Withdrawal of degree, diploma or certificate.—(1) The General Council may, on the recommendation of the Executive Council, withdraw any distinction, degree, diploma or privilege conferred on or granted to any person, by a resolution passed by the majority of not less than two thirds of the total members of the General Council present and voting at the meeting, if such person has been convicted by a court of law for an offence which in the opinion, of the General Council involves moral turpitude or he has been guilty of gross misconduct.
(2) No action under this section shall be taken against any person unless he has been given a reasonable opportunity to show cause against the action proposed to be taken.
(3) A copy of the resolution passed by the General Council shall be immediately sent to the person concerned.
52. Transfer of property.—The State Government may transfer to the University, buildings, lands or any other property, whether movable or immovable, for use and management by the University on such conditions and subject to such limitations as the State Government may deem fit for the purpose of this Act.
53. Proceeding of authorities or bodies not to invalidate by vacancies etc.—(1) No act or proceeding of any authority, committee or body of the University shall be invalid merely by reason of:—
(a) any vacancy in or defect in the constitution thereof; or
(b) any defect in the nomination or appointment of a person acting as a member thereto; or
(c) any irregularity in its procedure not affecting the merits of the case.
(2) No resolution of any authority or body of the University shall be deemed to be invalid on account of any irregularity in the service of notice upon any member provided that the proceedings of such authority or body were not prejudicially affected by such irregularity.
54. Removal of difficulties at commencement.—If any difficulty arises with respect to the establishment of the University or in connection with the first meeting of any authority of the University or otherwise in first giving effect to the provisions of this Act and the regulations, the Visitor may, at any time, before all authorities of the University have been constituted, by order, make any appointment or do anything consistent, so far as may be, with the provisions of this Act and the regulations, which appear to him necessary or expedient for the purpose of removing the difficulty and every such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Act and the Statutes, Ordinances and regulations;
Provided that before making any such order the Visitor shall ascertain and consider the opinion of the Vice-Chancellor and of such appropriate authority of the University as may have been constituted.
55. Transitory provisions.—(1) Notwithstanding anything contained in this Act, the Vice-Chancellor may, with the previous approval of the Chairman of the General Council and subject to the availability of funds, discharge all or any of the functions of the University for the purpose of carrying out the provisions of this Act and for that purposes may exercise any powers or perform any duties, which by this Act are to be exercised or performed by any authority of the University until such authority comes into existence as provided by this Act.
(2) Notwithstanding anything contained in this Act and the Statutes:—
(i) the first Vice-Chancellor shall be appointed on recommendation of State Government by the Visitor. The term of office of the first Vice-Chancellor shall be such as the State Government may think fit;
(ii) the first Board of School of Studies shall consist of not more than eleven members, who shall be nominated by the General Council and they shall hold office for a term of three years;
(iii) the first Academic Council shall be nominated by the General Council and nominated members shall hold office for a term of three years:
Provided that if any vacancy occurs in the above members or authorities, the same shall be filled by appointment or nomination, as the case may be, by the General Council, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred.
56. Special provision for better administration of University in certain circumstances.—(1) If the State Government is on receipt of a report or otherwise, satisfied that a situation has arisen in which the administration of the University cannot interests of the University and it is expedient in the interest of the University so to do, it may by notification, for reasons to be mentioned therein, direct that the provision of sub-section (2), (3), (4) and (5) shall, as from the date specified in the notification (hereinafter in this section referred to as the appointed date), apply to the University.
(2) The notification issued under sub-section (1) (hereinafter referred to as the notification) shall remain in operation for a period of one year from the appointed date and the State Government may, from time to time, extend the period by such further period as it may think fit so however that the total period of operation of the notification does not exceed three years.
(3) As from the appointed date the Vice-Chancellor, holding office immediately before the appointed date, shall notwithstanding that his term of office has not expired, vacate his office, and the Visitor shall simultaneously with the issue of the notification appoint the Vice-Chancellor, who shall hold office during the period of operation of the notification:
Provided that the Vice-Chancellor shall be appointed by the Visitor in consultation with the State Government and may be removed by the Visitor in the like manner:
Provided further that the Vice-Chancellor may, notwithstanding the expiration of the period of operation of the notification, continue to hold office thereafter until his successor enters upon office but this period shall not exceed one year.
(4) As from the appointed date, the following consequences shall ensue, namely:—
(i) Every person holding office as a member of the Executive Council or the Academic Council, as the case may be, immediately before the appointed date shall cease to hold that office;
(ii) Until the Executive Council or Academic Council, as the case may be, is reconstituted, the Vice-Chancellor appointed under sub-section (3) shall exercise the powers and perform the duties conferred or imposed by or under this Act, on the Executive Council or Academic Council:
Provided that the Visitor may, if he considers it necessary so to do, appoint a Committee consisting of an educationist, an administrative expert and a financial expert to assist the Vice-Chancellor so appointed in exercise of such powers and performance of such duties.
(5) Before the expiration of the period of operation of the notification or immediately as early as practicable, thereafter, the Vice-Chancellor shall take steps to constitute the Executive Council and Academic Council in accordance with the provisions of this Act, and the Executive Council and Academic Council as so constituted shall begin to function on the date immediately following the date of expiry of the period of operation of the notification or the date on which the respective bodies are so constituted whichever is later:
Provided that if the Executive Council and Academic Council are not constituted before the expiration of the period of operation of the notification, the Vice-Chancellor shall on such expiration, exercise the powers of each of these authorities subject to prior approval of the Visitor till the Executive Council or Academic Council, as the case may be, is so constituted.
57. Indemnity.—No suit, prosecution or other legal proceedings shall lie against and no damages shall be claimed from the University, the Vice-Chancellor, the authorities or officers of the University or any other person in respect of anything which is in good faith done or purported to have been done in pursuance of this Act or any Statutes, Ordinances and regulations made thereunder.
58. Act to have overriding effect.—The provisions of this Act and any Statutes, Ordinances and regulations made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
59. Non-affiliating University.—The University shall be a non-affiliating University.
60. Power to give retrospective effect to Statutes, Ordinances and regulations.—The power to make Statutes, Ordinances and regulations shall include the power to give retrospective effect from the date not earlier than the date of commencement of this Act, to the Statutes, Ordinances and regulations or any of them but no retrospective effect shall be given to any Statute, Ordinance and Regulation so as to prejudicially affect the interest of any person to whom such Statute, Ordinance and regulation are applicable.
61. Repeal and Savings.—(1) Sanchi University of Buddhist and Indic Studies Ordinance, 2012 (No. 5 of 2012) is hereby repealed.
(2) Notwithstanding the repeal of the said Ordinance anything done or any action taken under the provisions of the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act. |
