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[37. Adhyapakas of the University to be appointed under a written contract.—(1) No adhyapaka
of the University shall be appointed to a permanent post, except under a written contract and such contract
shall not be inconsistent with the provisions of this Act, the Statutes and the Ordinances.
(2) The contract referred to in sub-section (1) shall be lodged with the University and a copy thereof
shall be furnished to the adhyapaka concerned.
(3) In the case of an adhyapaka appointed by the University before the commencement of the
Visva-Bharati (Amendment) Act, 1984 (31 of 1984), the contract in force immediately before such
commencement, in relation to his emoluments, shall, to the extent of any inconsistency with the
provisions of this Act or the Statutes or the Ordinances, be deemed to have been modified by the said
provisions and where there is no such contract and the adhyapaka is a salaries adhyapaka appointed to a
permanent post, a written contract shall be executed by, and between, such adhyapaka and the University
within a period of six months from the commencement of the Visva-Bharati (Amendment) Act, 1984.
38. Tribunal of Arbitration.—(1) Any dispute arising out of a contract of employment referred to in
section 37, including a dispute relating to the non-compliance of the provisions of this Act, the Statutes or
the Ordinances, shall, at the request of the adhyapaka, be referred to a Tribunal of Arbitration which shall
consist of one member nominated by the Karma-Samiti (Executive Council), one member nominated by
the adhyapaka concerned and one member (who shall act as umpire) nominated by the Paridarsaka
(Visitor).
(2) Every request made under sub-section (1) shall be deemed to be a submission to arbitration upon
the terms of this section within the meaning of the Arbitration Act, 1940 (10 of 1940), and all the
provisions of that Act, with the exception of section 2 thereof, shall apply accordingly.
(3) If, for any reason, a vacancy occurs in the office of a member of the Tribunal of Arbitration, the
appropriate body or person concerned shall nominate another person in accordance with the provisions of
sub-section (1) to fill the vacancy and the proceedings may be continued before the Tribunal from the
stage at which the vacancy is filled.
(4) The decision of the Tribunal of Arbitration shall be final and binding on the parties.
(5) The Tribunal of Arbitration shall have the power—
(a) to regulate its own procedure;
(b) to order reinstatement of the adhyapaka concerned; and
(c) to award salary to the adhyapaka concerned, after deducting therefrom such income, not being
income from property, as such adhyapaka might have derived during the period of his suspension or
during the period intervening between the date on which he was removed or dismissed from service
or, as the case may be, his service was terminated, and the date on which he is reinstated:
1. Subs. by Act 31 of 1984, s. 23, for sections 37 and 38 (w.e.f. 8-8-1984).
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Provided that the income which could have been derived by the adhyapaka concerned shall not
be taken into account if, at the time when the income was derived, he could have derived such income
had he not been suspended or removed or dismissed from service or if his service had not been
terminated.
(6) No suit or other proceedings shall lie in any court in respect of any matter which is required by
sub-section (1) to be referred to the Tribunal of Arbitration.
38A. Power to suspend adhyapaka or other member of academic staff.—(1) The Upacharya
(Vice-Chancellor) may, by order in writing, place and adhyapaka or other member of the academic staff
under suspension—
(a) where a disciplinary proceeding against such adhyapaka or other member is contemplated or
is pending; or
(b) where a case against him in respect of any criminal offence is under investigation or trial.
(2) Where any order of suspension is made under sub-section (1), the circumstances in which such
order has been made shall be reported forthwith to the Karma-Samiti (Executive Council).
(3) The Karma-Samiti (Executive Council) may, within fifteen days from the date of receipt of the
report referred to in sub-section (2), revoke the order of suspension if it is of opinion that the
circumstances of the case do not warrant the suspension.
(4) Any person aggrieved by an order of suspension, which has not been revoked under
sub-section (3), may prefer an appeal to the Karma-Samiti (Executive Council) within thirty days from
the date on which such order is communicated to him and the Karma-Samiti (Executive Council) may
confirm modify or reverse the order appealed against.
38B. Authorities by whom order for removal or dismissal of adhyapaka, etc., may be made and
the procedure therefor.—(1) No adhyapaka, or other member of the academic staff, appointed by the
University shall be dismissed or removed from service or punished in any other manner by any authority
other than the Karma-Samiti (Executive Council).
(2) No adhyapaka, or other member of the academic staff, appointed by the University shall be
dismissed or removed from service or punished in any other manner except after an inquiry in which he
has been informed of the charges against him and given a reasonable opportunity of being heard in
respect of those charges:
Provided that where it is proposed after such inquiry, to impose upon the adhyapaka or other member
of the academic staff any punishment, such punishment may be imposed on the basis of the evidence
adduced during such inquiry and it shall not be necessary to give such adhyapaka or other member of the
academic staff any opportunity of making representation on the punishment proposed.
(3) The Karma-Samiti (Executive Council) shall be entitled to dismiss or remove from service,
without holding any such inquiry as is referred to in sub-section (2), an adhyapaka, or other member of
the academic staff, of the University, where the Karma-Samiti (Executive Council), for reasons to be
recorded in writing, is satisfied that such adhyapaka or other member of the academic staff—
(a) is of unsound mind or is a deaf-mute or suffers from contagious leprosy; or
(b) is an undischarged insolvent; or
(c) has been convicted, by a court of law, of an offence involving moral turpitude.
(4) The dismissal or removal from service of, or any other punishment imposed on, an adhyapaka, or
other member of the academic staff, appointed by the University shall take effect from the date on which
the order of dismissal or removal from service is made or other punishment is imposed:
Provided that, where the adhyapaka or other member of the academic staff is under suspension at the
time when the order for his dismissal or removal from service is made or other punishment is imposed,
such order may, if the Karma-Samiti (Executive Council) so directs, take effect from the date on which he
was placed under suspension.
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(5) Notwithstanding the terms of contract between the University and an adhyapaka, or other member
of the academic staff, appointed by the University, such adhyapaka or other member of the academic staff
may resign his office—
(a) where he is permanent, by giving three months’ notice in writing to the Karma-Samiti
(Executive Council) or by paying to the University three months’ salary in lieu of such notice; or
(b) where he is not permanent, one month's notice in writing to the Karma-Samiti
(Executive Council) or by paying to the University one month's salary in lieu of such notice:
Provided that if the Karma-Samiti (Executive Council) so permits, the period of three months'
notice or of one month's notice, as the case may be, may be reduced or waived:
Provided further that such resignation shall take effect from the date on which it is accepted by
the Karma-Samiti (Executive Council).
Explanation.—“Suspension” shall not be deemed to be a punishment within the meaning of this
section.]
39. Pension and provident funds.—(1) The University shall constitute, for the benefit of its officers
[including the Upacharya (Vice-Chancellor)], 1
[adhyapakas], and other servants, in such manner and
subject to such conditions as may be prescribed by the Statutes, such pension, insurance and provident
funds as it may deem fit.
(2) Where any such pension, insurance or provident fund has been so constituted, the Central
Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925), shall apply to
such fund as if it were a Government Provident Fund.
40. Filling of casual vacancies.—(1) Subject to any provision in this Act and in the Statutes, the
Karma-Samiti (Executive Council) shall appoint, with the approval of the Paridarsaka (Visitor), a person
to fill a casual vacancy in the office of the Upacharya (Vice-Chancellor), and the person so appointed
shall hold office 2
[until his successor enters upon his office].
(2) All casual vacancies among the members (other than ex officio members) of any authority or other
body of the University shall be filled, as soon as conveniently may be, by the person or body who
appointed, elected or co-opted the member whose place has become vacant, and the person appointed,
elected or co-opted to a casual vacancy shall be member of such authority or body for the residue of the
term for which the person whose place he fills would have been a member.
3
[41. Removal from membership of the University.—The Karma-Samiti (Executive Council) may,
on the recommendation of not less than two-thirds of its members remove any person from the
membership of any authority or board of the University if such a person is guilty of a serious offence
involving moral turpitude, or if he has been guilty of scandalous conduct and for the same reasons may
withdraw any degree or diploma conferred on, or granted to, any person by the University:
Provided that no action shall be taken under this section against any person except after giving him a
reasonable opportunity of being heard with regard to the proposed action.]
42. Disputes as to constitution of any University authority or body.—If any question arises
whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority
or other body of the University, the matter shall be referred to the Paridarsaka (Visitor), whose decision
thereon shall be final.
43. Constitution of committees.—Where any authority of the University is given power by this Act
or by the Statutes to appoint committees, such committee shall, unless there is some special provision to
the contrary, consist of members of the authority concerned and of such other persons (if any) as the
authority in each case may think fit.
1. Subs. by Act 31 of 1984, s. 2, for “teacher” (w.e.f. 8-8-1984).
2. Subs. by Act 60 of 1961, s. 15, for “till the next meeting of the Samsad (Court)” (w.e.f. 19-12-1961).
3. Subs. by Act 57 of 1971, s. 11, for section 41 (w.e.f. 3-11-1971).
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44. Proceedings of the University authorities not invalidated by vacancies.—No act or proceeding
of any authority or other body of the University shall be invalidated merely by reason of the existence of a
vacancy or vacancies among its members.
1
[44A. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against
any officer or employee of the University for anything which is in good faith done, or intended to be
done, in pursuance of the provisions of this Act, the Statutes or the Ordinances.
44B. Mode of proof of University record.—A copy of any receipt, application, notice, order,
proceeding or resolution of any authority or committee of the University, or other documents in the
possession of the University, or any entry in any register duly maintained by the University, if certified by
the Karma-Sachiva (Registrar), shall, notwithstanding anything contained in the Indian Evidence Act,
1872 (1 of 1872), or in any other law for the time being in force, be admitted as evidence of the matters
and transactions specified therein where the original thereof would, if produced, have been admissible in
evidence.]
45. Power to remove difficulties.—If any difficulty arises with respect to the establishment of the
University or any authority of the University or in connection with the first meeting of any authority of
the University, the Paridarsaka (Visitor) in consultation with the Upacharya (Vice-Chancellor) may, by
order, make any appointment or do anything which appears to him necessary or expedient for the proper
establishment of the University or any authority thereof or for the first meeting of any authority of the
University.