Appointment of Kulaguru.

§12

Summary

1[(1) The Kulaguru shall be appointed by the Kuladhipati in the manner stated hereunder :- (a) There shall be a 2[a search-cum-selection committee] consisting of the following members to recommend suitable names to the Kuladhipati for appointment of Kulaguru, namely :- 3[(i) a member nominated by the Kuladhipati, who shall be a person of eminence in the sphere of higher education and shall be either an eminent scholar of national repute or a recipient of Padma Award in the field of education;] (ii) the Principal Secretary of Higher and Technical Education Department or any officer not below the rank of Principal Secretary to Government, nominated by the State Government; (iii) a renowned Sanskrit Scholar or the Director or Head of an institute or organisation of national repute, such as, Indian Institute of Technology, Indian Institute of Management, Indian Institute of Science, Indian Space Research Organisation or National Research Laboratory, nominated by the Vyavasthapana Parishad and the Vidvat Parishad, jointly, in the manner specified by the State Government by an order published in the Official Gazette; 4[(iv) a member nominated by the Chairman, University Grants Commission;] (b) The member nominated by the Kuladhipati shall be the Chairman of the Committee; 5[(c) The members nominated on the committee shall be persons who are not connected in any manner with the university or any college or any recognised institution of the university;] (d) No meeting of the Committee shall be held unless all the 6**** members of the Committee are present.] (2) The process of preparing a panel shall begin at least three months before the probable date of occurrence of the vacancy of the Kulaguru and shall be completed within the time limit fixed by the Kuladhipati. The Kuladhipati, however, may extend such time limit if in the exigency of the circumstances, it is necessary so to do, however, the period so extended shall not exceed three months in the aggregate. 7[(3) The Committee shall recommend a panel of not less than five suitable persons for the consideration of the Kuladhipati for being appointed as the Kulaguru. The names so recommended shall be in alphabetical order without any preference being indicated. The report shall be accompanied by a detailed write up on suitability of each person included in the panel. (3A) A person for being recommended by the Committee for appointment as a Kulaguru shall,- 8[(a) be a person possessing highest level of competence, integrity, morals and institutional commitment; (a-1) be a distinguished academician, with a minimum of ten years of experience as a Professor in any University or ten years of experience in a reputed research or academic administrative organisation with proof of having demonstrated academic leadership;] (b) be able to provide leadership by his own example; (c) be able to provide vision and have ability to translate the same into reality in the interest of students and society; and (d) possess such 9[additional educational qualifications] and experience as may be specified by the Government, by an Order published in the Official Gazette, in consultation with the Kuladhipati. (3B) The eligibility conditions and the process for recommendation of names for appointment as Kulaguru shall be given wide publicity to ensure the recommendation of most suitable candidates.] (4) The Kuladhipati may appoint one of the persons included in the panel to be the Kulaguru: 10[Provided that, if a person selected by the Kuladhipati does not take over the charge of the post of the Kulaguru, the Kuladhipati may select another suitable person from the remaining persons from the panel or he may call for a fresh panel either from the same committee or after constitution of a new committee for the purpose, from such new committee:] 11[Provided further that,] if the Kuladhipati does not approve any of the persons so recommended, he may call for a fresh panel either from the same committee or after constitution of a new committee for the purpose, from such new committee. (5) The person appointed as the Kulaguru shall, subject to the terms and conditions of his contract of service, hold office for a period of five years from the date on which he enters upon his office or till attaining the age of sixty-five years whichever is earlier. (6) The person appointed as the Kulaguru shall hold a lien, if any, on the post in which he is confirmed prior to the appointment. (7) In any of the following circumstances, the existence whereof shall solely be judged by the Kuladhipati, namely :- (a) where the committee appointed under sub-section (1) is unable to recommend any name within the time limit specified by Kuladhipati; (b) where the vacancy occurs in the office of the Kulaguru because of death, resignation or otherwise, and it cannot be conveniently and expeditiously filled in accordance with the provisions of the sub-sections (1) to (4); (c) where the vacancy in the office of the Kulaguru occurs temporarily because of leave, illness or other causes; (d) where the term of Kulaguru has expired; or (e) where there is any other emergency, the Kuladhipati may appoint any suitable person, to act as the Kulaguru for a term not exceeding six months, in the aggregate as he may specify in his order : Provided that, the person so appointed shall cease to hold such office on the date on which the person appointed as the Kulaguru in accordance with the provisions of sub-sections (1) to (4) assumes office or the Kulaguru resumes office. (8) The Kulaguru shall be a full-time salaried officer of the university and shall receive such salary and allowances as may be determined by the State Government. In addition he shall be entitled to free furnished residence, a motor car for his use (including its maintenance, repairs and fuel required therefor), with the service of a chauffeur free of charge. (9) Such sumptuary allowance shall be placed at the disposal of the Kulaguru, as the State Government may approve. (10) If a person receiving an honorarium from the consolidated fund of the State, or if a principal of an affiliated college or a recognised institution or a university teacher is appointed as Kulaguru, his terms and conditions of service shall not be altered to his disadvantage during his tenure as Kulaguru. (11) Notwithstanding anything contained in the foregoing sub-sections, the person referred to in sub-section (6) shall stand retired from his original post, in accordance with the terms and conditions of services of that post. (12) The Kulaguru may, by writing under his signature addressed to the Kuladhipati, after giving one months notice resign from his office and shall cease to hold his office on the acceptance of his resignation by the Kuladhipati or from the date of expiry of the said notice period, whichever is earlier. (13) The Kulaguru may be removed from his office if the Kuladhipati is satisfied that the incumbent,- (a) has become insane and stands so declared by a competent court; (b) has been convicted by a court for any offence involving moral turpitude; (c) has become an undischarged insolvent and stands so declared by a competent court; (d) has been physically unfit and incapable of discharging duties due to protracted illness or physical disability; (e) is a member of, or be otherwise associated with, any political party or any organisation which takes part in politics, or is taking part in or subscribing in aid of, any political movement or activity; Explanation.- For purposes of this sub-clause, whether any party is a political party, or whether any organisation takes part in politics or whether any movement or activity falls within the scope of this sub-clause, the decision of the Kuladhipati thereon shall be final: Provided that, the Kulaguru shall be given a reasonable opportunity to show cause by the Kuladhipati before taking recourse for his removal under clauses (d) and (e).

1[(1) The Kulaguru shall be appointed by the Kuladhipati in the manner stated hereunder :- (a) There shall be a 2[a search-cum-selection committee] consisting of the following members to recommend suitable names to the Kuladhipati for appointment of Kulaguru, namely :- 3[(i) a member nominated by the Kuladhipati, who shall be a person of eminence in the sphere of higher education and shall be either an eminent scholar of national repute or a recipient of Padma Award in the field of education;] (ii) the Principal Secretary of Higher and Technical Education Department or any officer not below the rank of Principal Secretary to Government, nominated by the State Government; (iii) a renowned Sanskrit Scholar or the Director or Head of an institute or organisation of national repute, such as, Indian Institute of Technology, Indian Institute of Management, Indian Institute of Science, Indian Space Research Organisation or National Research Laboratory, nominated by the Vyavasthapana Parishad and the Vidvat Parishad, jointly, in the manner specified by the State Government by an order published in the Official Gazette; 4[(iv) a member nominated by the Chairman, University Grants Commission;] (b) The member nominated by the Kuladhipati shall be the Chairman of the Committee; 5[(c) The members nominated on the committee shall be persons who are not connected in any manner with the university or any college or any recognised institution of the university;] (d) No meeting of the Committee shall be held unless all the 6**** members of the Committee are present.] (2) The process of preparing a panel shall begin at least three months before the probable date of occurrence of the vacancy of the Kulaguru and shall be completed within the time limit fixed by the Kuladhipati. The Kuladhipati, however, may extend such time limit if in the exigency of the circumstances, it is necessary so to do, however, the period so extended shall not exceed three months in the aggregate. 7[(3) The Committee shall recommend a panel of not less than five suitable persons for the consideration of the Kuladhipati for being appointed as the Kulaguru. The names so recommended shall be in alphabetical order without any preference being indicated. The report shall be accompanied by a detailed write up on suitability of each person included in the panel. (3A) A person for being recommended by the Committee for appointment as a Kulaguru shall,- 8[(a) be a person possessing highest level of competence, integrity, morals and institutional commitment; (a-1) be a distinguished academician, with a minimum of ten years of experience as a Professor in any University or ten years of experience in a reputed research or academic administrative organisation with proof of having demonstrated academic leadership;] (b) be able to provide leadership by his own example; (c) be able to provide vision and have ability to translate the same into reality in the interest of students and society; and (d) possess such 9[additional educational qualifications] and experience as may be specified by the Government, by an Order published in the Official Gazette, in consultation with the Kuladhipati. (3B) The eligibility conditions and the process for recommendation of names for appointment as Kulaguru shall be given wide publicity to ensure the recommendation of most suitable candidates.] (4) The Kuladhipati may appoint one of the persons included in the panel to be the Kulaguru: 10[Provided that, if a person selected by the Kuladhipati does not take over the charge of the post of the Kulaguru, the Kuladhipati may select another suitable person from the remaining persons from the panel or he may call for a fresh panel either from the same committee or after constitution of a new committee for the purpose, from such new committee:] 11[Provided further that,] if the Kuladhipati does not approve any of the persons so recommended, he may call for a fresh panel either from the same committee or after constitution of a new committee for the purpose, from such new committee. (5) The person appointed as the Kulaguru shall, subject to the terms and conditions of his contract of service, hold office for a period of five years from the date on which he enters upon his office or till attaining the age of sixty-five years whichever is earlier. (6) The person appointed as the Kulaguru shall hold a lien, if any, on the post in which he is confirmed prior to the appointment. (7) In any of the following circumstances, the existence whereof shall solely be judged by the Kuladhipati, namely :- (a) where the committee appointed under sub-section (1) is unable to recommend any name within the time limit specified by Kuladhipati; (b) where the vacancy occurs in the office of the Kulaguru because of death, resignation or otherwise, and it cannot be conveniently and expeditiously filled in accordance with the provisions of the sub-sections (1) to (4); (c) where the vacancy in the office of the Kulaguru occurs temporarily because of leave, illness or other causes; (d) where the term of Kulaguru has expired; or (e) where there is any other emergency, the Kuladhipati may appoint any suitable person, to act as the Kulaguru for a term not exceeding six months, in the aggregate as he may specify in his order : Provided that, the person so appointed shall cease to hold such office on the date on which the person appointed as the Kulaguru in accordance with the provisions of sub-sections (1) to (4) assumes office or the Kulaguru resumes office. (8) The Kulaguru shall be a full-time salaried officer of the university and shall receive such salary and allowances as may be determined by the State Government. In addition he shall be entitled to free furnished residence, a motor car for his use (including its maintenance, repairs and fuel required therefor), with the service of a chauffeur free of charge. (9) Such sumptuary allowance shall be placed at the disposal of the Kulaguru, as the State Government may approve. (10) If a person receiving an honorarium from the consolidated fund of the State, or if a principal of an affiliated college or a recognised institution or a university teacher is appointed as Kulaguru, his terms and conditions of service shall not be altered to his disadvantage during his tenure as Kulaguru. (11) Notwithstanding anything contained in the foregoing sub-sections, the person referred to in sub-section (6) shall stand retired from his original post, in accordance with the terms and conditions of services of that post. (12) The Kulaguru may, by writing under his signature addressed to the Kuladhipati, after giving one months notice resign from his office and shall cease to hold his office on the acceptance of his resignation by the Kuladhipati or from the date of expiry of the said notice period, whichever is earlier. (13) The Kulaguru may be removed from his office if the Kuladhipati is satisfied that the incumbent,- (a) has become insane and stands so declared by a competent court; (b) has been convicted by a court for any offence involving moral turpitude; (c) has become an undischarged insolvent and stands so declared by a competent court; (d) has been physically unfit and incapable of discharging duties due to protracted illness or physical disability; (e) is a member of, or be otherwise associated with, any political party or any organisation which takes part in politics, or is taking part in or subscribing in aid of, any political movement or activity; Explanation.- For purposes of this sub-clause, whether any party is a political party, or whether any organisation takes part in politics or whether any movement or activity falls within the scope of this sub-clause, the decision of the Kuladhipati thereon shall be final: Provided that, the Kulaguru shall be given a reasonable opportunity to show cause by the Kuladhipati before taking recourse for his removal under clauses (d) and (e).

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