 the visva-bharati (amendment) bill, 1961(to be introduced in loi< sabha)  o sm no 1~ of ~?!i the visva-bharati (amendment) bill, 1961 (to be introduced in lok sabra) a bill to amend the visva-bharati act 1951be it enacted by parliament in the twelfth year of the republic of india as follows:-1 this act may be called the visva-bharati (amendment) act, short title 1961 of 1951 5 2 in the visva-bharati act, 1951 (hereinafter referred to as the ~:=~~ principal act), in section 2, the following words shall be added and shall be deemed always to have been added at the end, namely:-"and is as such hereby constituted as a university"  o3 in section 3 of the principal act, for clause (e), the following amendment 10 clause shall be substituted, namely:-oflec:tioji 3· '(e) "bhavana (college)" means a hall or a unit of resi· dence, with provision for tutorial instructions for students, provided or recognised by the university;' 4 in section 4 of the principal act, after the words "body corpo- amendment i, rate", the words "as a unitary, teaching and residential university" of lection 4 shall be inserted and shall be deemed always to have been inserted 5 in section 5 of the principal act, for clause (ii), the following amendment clause shall be substituted and shall be deemed always to have been of lcction 5· substituted, namely:- ' 20 "(ii) all property assets, rights and liabilities of the said society shall be th~ 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' as if the university was therein named instead of the said society"  6 in section 6 of the principal act,-amendment of lection 6 (i) in clause (b), for the words and brackets "bhavans 10 (halls)" wherever they occur, the words and brackets "bhavanas (colleges)" shall be substituted; (ii) after clause (j), the following clause shall be inserted, namely:-"(jj) with the approval of the central government, to borrow, on the security of properry of the university, money 15 for the ~urposes of the university;" 7 after section 7 of the principal act, the following section shall be inserted, namely:-insertion of new section 7a maintenance ofcuminadon centres outside territorial limits "7a notwithstanding anything contained in section 7, the university may establish and maintain, at any place in india 20 examination centres for home study courses conducted by its loka shiksha samsad (people's educ'3tion council) and recognise, for such purposes as may be provided in the ordinances, the certificates awarded by the said loka shiksha samsad (people's education council) on the results of examinations conducted by it" 25 ame~ment 8 in section 13 of the ptincipal act, in sub-section (3), after the of secuon 13 words and brackets "samsad (court)", the words and brackets "and the karma samiti (executive council)" shall be inserted amendment 9 in section 19 of the principal act, in sub-section (1), under the of section 30 19 heading "class i--ex-officio members" for items (v) and (vi), the following items shall be substituted, namely:-"(v) adhyakshas (principals) of bhavanas (colleges), (vi) adhyakshas (directors) of vibhagas (departments)," 10 in section 23 of the principal act,-amendment of scc:tion 23· (i) to clause (e), the following proviso shall be added, 35 namely:-"provided that no action shall be taken by the karma samiti (executive council) in respect of the number, qualifications and status of teachers, otherwise than on the recommendation of the shiksha samiti (academic council) ;"; (ii) the prc!viso to clause (j) shall be omitted 11 in section 27 of the principal act, in clause (g), for the ~~mcnt 5 words and brackets "bhawanas (halls) ", the words and brackets ~7· ion ·'bhavanas (colleges)" shall be substituted 12 in section 29 of the principal act,-alncndmcnt ofscction (i) after clause (c), the following clause shall be inserted, z9 namely:-10 l~ "(ee) the purposes for which certificates awarded by the loka shiksha samsad (people's education council) of the university may be recognised by the university;"; (ii) in clause (g), for the words and brackets "bhawanas (halls) ", the words and brackets "bhavanas ·(colleges)" shall be substituted; (iii) in clause (k), for the words "of teachers", the words "of studies" shall be substituted 13 in section 32 of the principal act,-~;~::nt (i) after the words "the university", the words and 3z brackets "other than a student of its loka shiksha samsad (people's education council)" shall be inserted; (ii) for the words and brackets "bhavan (hall)", the words and brackets "bhavana (college)" shall be substituted 14 in section 36 of the principal act, for sub-sections (2) and (3), amcn~mcnt 2~ the following sub-sections shall be substituted, nam~ly:-~tacct1on "(2) the accounts of the university shall, once at least in every year and at intervals of not more than fifteen months, be audited by the comptroller and auditor-general of india or any person authorised by him in this behalf ~ 30 (3) the accounts, when audited, shall be published in the official gazette and a copy of the accounts, together with the auditor's report shall be submitted to the samsad (court) and to the paridarsaka (visitor) " 15 to section 38 of the principal act, the following proviso shall amcn~mcnt of section ~5 be added, namely:-38 "provided that nothing in this section shall be construed as taking away or affecting the right of the university to terminate - the services of any of its officers or teachers in accordance with the provisions of the statutes governing the terms and conditions of service of officers and teachers of the univ~rsityjt amendment « lection ,,~ 16 in section 40 of the principal act, in sub-section (1), for the words and brackets "till the next meeting of the samsad 5 (court)", the words "until his successor enters upon his office" shall be substituted  statement of objects and reasonsexperience of the administration of the visva-bharati act, 1951, has revealed the need to amend it in certain respects it is felt that the scope of clause (ii) of section 5 may be enlarged to cover all tansfersincluding transfer or assignment of any property clause 5 of the bill seeks to achieve this object at present no power exists in the university to borrow money on the security of its property the bill makes the necessary provision in this regard the loka siksha samsad which is part of the university conducts certain examinations for home study courses not only within the territorial ---limits of the university but outside such limits also it is considered necessary that the university should be enabled to establish and maintain at any place in india examination centres for such examinations clause 7 of the bill makes pr,ovision accordingly section 36 of the act is being amended so as to make specific provision for the audit of the accounts of the university by the comptroller and auditor-general of india as in the case of other central universities opportunity is also being taken to make a few more amendments whch are either consequential or clarificatory in nature new delhi; k l shrimali the 28th november, 1961  memorandum regarding delegated legislationclause 12 of the bill which seeks to amend section 29 of the visva-bharati act, 1951 confers on the visva-bharati university the power to frame ordinances providing the purposes for which the certificates awarded by its loka shiksha samsad (people's education council) may be recognised by the university these are matters of detail and the delegation of legislative power with respect to them is of a normal character  annexure extracts from the visva-bharati act, 1951 (29 of 1951) - • - •  pbeliminary     2 declaration of visva-bharati as an institution of national lmportance-whereas the late rabindranath tagore (thakur) founded an institution known as visva-bharati ot 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 3 definitions-in this act and in all statutes· made hereunder, unless the context otherwise requires,--  - -  (e) "bhavan" (hall) means a unit of residence with provision for tutorial instruction for students provided or recognised by the university; - - - - -  the university4 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 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-on and from the commencement of this act,-' - -  - (ii) any will, deed or other document whether made or executed before or after the commencemnt of this act, which contains any bequest, gift or trust in favour of the said society shall, on the commencement of this act be construed as if the university was therein named instead of the said society; - - - - - 6, powers of the university-the university shall exercise the following powers and perform the following duties, namely:-- - - - - (b) to maintain schools, colleges and bhavans (halls) or r('cognise schools, colleges and bhavans (halls) not maintained by the university and to withdraw such recognition; - - - - - ofjl'ici!:rs of the university - - - - •• 13 the acharya (chancellor) ,-- - - - - (3) the acharlla (chancellol') shall, if present, preside at the convocations of the university and at meetings of the bamboo (court) - - - - - attthorities of the university - - - - - 19 the samsad (court),-(l) the samsad (court) shall consist of the following persons, namely:-- - class i-ex-officio members - - - (v) principles of colleges, - - (vi) heads of departments, - - - 23 powers and duties of the karma-samiti (executive council) ,-the karma-samiti (executive council)-- -  - - (c) subject to the provisions of this act and the statutes, shall appoint the officers [other than the acharya (chancellor), the upacharya (vice-chancellor), and the artha-sachiva (treasurer)] teachers and other servants of the university, and shall define their duties and the conditions' of their service, and shall provide for the ftlling of temporary vacancies in their· posts; - - - - - (;) shall exercise such other powers and perform such other duties as may be conferred or imposed on it by this act or the statutes: provided that no action &hall be taken by the karm4-samiti (executive council) in respect of the number, qualifications and status of teachers, otherwise than on a recommendation of the siksha·samiti (academic council); - - - - -  statutes, ordinances and regulations27 statutes---subject to the provisions of this act, the statutes may provid~ for all or any of the following matters, namely:-- - - - - (g) the institution and maintenance of bhavanas (halls) and chatravasas (hostels); - - - - - 29 ordinances-subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely:-- - - - - (g) the conditions of residence of the students of the university and the levying of fees for residence in bhavanas and chatravasas (hostels) and of other charges; (halls) - - - - (k) the formation of departments of teachers; and - - - - - - 32 residence-every student of the university shall reside in a bhavan (hall) or chatravasa (hostel) or under such conditions as may be prescribed by the statutes and the ordinances - - - - - annual reports and accounts - - - - - 36 annwd accounts-(l) - - - - - (2) the audit of the accounts of the university ahall be carried out according to the directions of the central qovoemment (3) copies of the audited accounts together with copies of the audit report, if any, shan be submitted to the samaad (court) and to the paridtlrl4k4 (visitor) - - - - - st1ppldidftalty provisions - - - - - 38 tribunal of a7!bitration-every dispute arising out of - contract between the university and any of its ofbcers or teachers shall be referred to a tribunal of arbitration consisting of one member appointed by the karma-samiti (executive council), one member nominated by the oftlcer or teacher concerned and an umpire appointed by the paridarsaka (visitor), and the decision of the tribunal shall be final - - - - - 40 filling of casual vacancies- (1) subject to any provision in this act and in the statutes, the kannca-samiti (executive council), shall appoint witli the approval of the paridarbaka (visitor) a person to ftil a casual vacancy in the oftlce of the upacha",a (vice-chancellor), and the pel'lol1 10 appointed lihall hold oftlee till the next meeting of the sambad (court)  - - - - - - a bill to amend the visva-bharati act, 19si (dr k l shrimdli, minuter of education) 