The Visva-Bharati Act, 1951 - Legislation

The Visva-Bharati Act, 1951

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THE VISVA-BHARATI ACT, 1951 ACT NO. 29 OF 1951

[9th May, 1951.]

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:--

PRELIMINARY

1.

Short title and commencement.

1. Short title and commencement. (1) This Act may be called the Visva-Bharati Act, 1951.

(2) It shall come into force on such date 1* as the Central Government may, by notification in the Official Gazette, appoint.

2.

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

2. Declaration of Visva-Bharati as an institution of national importance. Whereas the late Rabindranath Tagore (Thakur) 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 importance 2*[and is as such hereby constituted as a University].

3.

In this Act, and in all Statutes made hereunder, 3*[3. 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-

Chancellor)" 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, for both;

(h) "Chatravasa" means a unit of residence, or of corporate life, for the students of the University provided, maintained 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.]

[See footnote 1 for this section]

THE UNIVERSITY

4.

Incorporation.

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 corporate 1*[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.

5.

Effect of incorporation of the University in certain cases.

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 16th May, 1922, under the Societies Registration Act, 1860 (21 of 1860), shall be construed as references to the University;

2*[(ii) all property, assets, rights and liabilities of the said Society shall 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 shall be construed

[See footnote 2 for this section]

as if the University was therein named instead of the said Society;]

(iii) subject to the provisions of this Act, every person employed immediately before the commencement of this Act in the said Society shall 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 shall be executed for the purpose, and if the employee is not agreeable to serve under the new terms and conditions, his services may be terminated in accordance with his original contract of employment or, if no provision is made therein in this behalf, on payment to him by way of compensation of an amount equal to his salary for six months.

5A.

The objects of the University.

2*["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 seek 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.

5B.

Principles to be followed in organising activities of the University.

5B. Principles to be followed in organising activities of the University. The University shall, in organising its activities and the implementation of its academic programmes, have due regard to the pattern of education envisaged by Rabindranath Tagore in his writings."]

6.

Powers of the University.

3*["6. Powers 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 arrangements 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 a 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...

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