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.—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 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.
3
[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:—
1. Ins. by Act 60 of 1961, s. 4 (w.e.f. 19-12-1961).
2. Subs. by s. 5, ibid., for clause (ii) (w.e.f. 19-12-1961).
3. Ins. by Act 31 of 1984, s. 4 (w.e.f. 8-8-1984).
5
(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.—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.]
1
[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 and instruction as are, in the opinion of the University, necessary for the furtherance
of its objects;
(8) to organise the application of class room, library and laboratory learning to problems of the
villages as part of the curriculum;
1. Subs. by Act 31 of 1984, s. 5, for section 6 (w.e.f. 8-8-1984).
6
(9) to undertake the promotion of adult education, rural re-construction, co-operative
organisations, social welfare, development of cottage industries and all other nation-building
activities and works for the benefit of the public;
(10) to establish such examination centres and to recognise such certificates as may be necessary
to give effect to the provisions of section 7A;
(11) to grant, subject to such conditions as the University may determine, diplomas or certificates
to, and confer degrees or other academic distinctions (on the basis of examinations, evaluation or
other modes of testing) on, persons;
(12) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;
(13) to determine the standards for admission and the methods of admission to courses of the
University, which methods shall include examinations, evaluation and other modes of testing;
(14) to supervise the residences of students of the University and to make arrangements for
promoting their health and general welfare;
(15) to make such special arrangements in respect of women students as the University may
consider desirable;
(16) to regulate the conduct of students of the University, and to take such disciplinary measures
in this regard as may be deemed necessary;
(17) to create such teaching and other academic posts as may be required by the University and to
appoint persons to such posts;
(18) to appoint Visiting Professors, Emeritus Professors, Fellows, Scholars, Resident Artists,
Resident Writers or such other persons who may contribute to the achievement of the objects of the
University;
(19) to appoint or recognise persons as Professors, Readers or Lecturers or otherwise as
adhyapakas of the University;
(20) to approve persons working in—
(a) any institution co-operating, collaborating or associating with the University; or
(b) any approved institution,
for imparting instruction or supervising research, or both, and to withdraw such approval;
(21) to undertake publication of literary, scientific, educational and scholarly works and books on
art, aesthetics and other subjects aimed at better understanding of the different cultures of the world
and furthering thereby the objectives of the University;
(22) to appoint persons working in any other University, institution or organisation as adhyapakas
of the University for a specified period;
(23) to create administrative, ministerial and other posts in the University and to make
appointments thereto;
(24) to provide for the terms and conditions of service of employees, whether employed by the
University or any institution;
(25) to regulate the conduct and duties of the employees of the University;
(26) to regulate and enforce discipline among the employees of the University and to take such
disciplinary measures in this regard as may be deemed necessary;
(27) to make arrangements for promoting the health and general welfare of the employees of the
University;
(28) to demand and receive payment of fees and other charges;
(29) to institute and award fellowships, scholarships, studentships, medals and prizes;
7
(30) to receive benefactions, donations and gifts, and to acquire, hold, manage and dispose of any
property, movable or immovable, including trust and endowment properties, for the purposes of the
University;
(31) to borrow, with the approval of the Central Government, whether on the security of the
property of the University or otherwise, money for the purposes of the University;
(32) to establish campuses within the territorial limits of the University specified in the Second
Schedule;
(33) to admit students of any other University or College whether in India or outside to any
examination of the University subject to such conditions as the University may lay down for the
purpose;
(34) to do all such acts and things as may be necessary or incidental to the exercise of all or any
of the powers of the University or as are necessary or conducive to the attainment of all or any of the
objects of the University.]
7. Territorial jurisdiction of the University.—Save as otherwise provided in this Act, the powers of
the University conferred by or under this Act shall be restricted to the area specified in the Second
Schedule.
1
[7A. Maintenance of examination centres outside territorial limits.—Notwithstanding anything
contained in section 7, the University may establish and maintain, at any place in India examination
centres for home study courses conducted by its Loka Shiksha Samsad (People’s Education Council) and
recognise, for such purposes as may be provided in the Ordinances, the certificates awarded by the said
Loka Shiksha Samsad (People's Education Council) on the results of examinations conducted by it.]
8. University to be open to all races, creeds and classes.—The University shall be open to all
persons irrespective of sex, nationality, race, creed, caste or class, and no test or condition shall be
imposed as to religious belief or profession in admitting or appointing members, students, 2
[adhyapakas],
workers, or in any other connection whatsoever, except in respect of any particular benefaction accepted
by the University of which such test is made a condition by the instrument creating such benefaction:
Provided that no benefaction shall hereafter be accepted which in the opinion of the authorities of the
University involves conditions or obligations opposed to the spirit and object of this section:
Provided further that nothing in this section shall be deemed to prevent religious instruction being
given in any manner approved of by the authorities concerned to those who have given their consent
thereto by 2
[adhyapakas] duly and properly authorised for that purpose.
9. Teaching at the University.—All teaching in the University shall be conducted by and in the
name of the University in accordance with the Statutes and Ordinances made in this behalf.