Section 9 in Pandit Sundar Lal Sharma (Open) University Chhattisgarh Adhiniyam, 2004
9. Kulpati.
(1)Kulpati shall be appointed by the Kuladhipati under the doctrine of pleasure after consultation with the State Government from a panel of not less than three distinguished persons recommended by the search committee constituted under subsection (2) or (6) :Provided further if the person so approved by the Kuladhipati refuses to accept the proposal of appointment, the Kuladhipati shall ask for fresh recommendation from search committee :Provided that the first Kulpati shall be appointed by Kuladhipati after consultation of the State Government.(2)The Kuladhipati shall constitute a search committee consisting of the following persons namely : -(I)one person recommended by the Executive Council;(II)one person nominated by the Speaker of the Chhattisgarh Legislative Assembly ;(III)one person nominated by the Kuladhipati, and he shall appoint one of them as chairperson of the committee.(3)For constituting the committee under sub-section (2), the Kuladhipati shall, six months before the expiry of the terms of Kulpati, call upon the Executive Council and the Speaker of the Chhattisgarh Legislative Assembly to choose their nominees and if any or both of them fail to do so within one month of the receipt of the Kuladhipati's communication in this regard, the Kuladhipati may further, nominate any one or both the persons as the case may be.(4)No person who is connected with the university or a college shall be recommended or nominated on the committee constituted under sub-section (2).(5)The committee shall submit the panel within six weeks from the date of its constitution or such further time not exceeding four weeks as may be extended by the Kuladhipati.(6)If for any reasons the committee constituted under sub-section (2) fails to submit the panel within the period specified in sub-section (5), the Kuladhipati shall constitute another committee consisting of three educationists not connected, with the university or a college, one of whom shall be designated as the chairman.The committee so constituted shall submit a panel of three persons within a period of six weeks or such shorter period as may be specified, from the date of its constitution.(7)If the committee constituted under sub-section (6) fails to submit the panel within the period specified therein the Kuladhipati shall appoint any educationist to be Kulpati after consultation with the State Government.(8)To carry out the business of newly established University the State Government may appoint Kulpati, a person from the filed of education for a period not exceeding [Five] [Substituted 'two' by Act No. 23 of 2006, dated 28.8.2006.] years and the person so appointed shall constitute Executive Council, Academic Council and other Authorities of the University within a period of six months from the date of establishment of the University and till the said authorities are constituted, Kulpati shall be deemed to be the Executive Council, Academic Council or such other Authority, as the case may be, and shall exercise the powers and perform the duties conferred or imposed on such authorities by or under this Act:Provided that the Kuladhipati may, if he considers it necessary or expedient so to do, appoint a committee, after consultation with the State Government, consisting of an educationist and an administrative expert and financial expert to aid and advise Kulpati in the exercise of his powers and performance of functions.(9)Kulpati shall be a whole-time salaried officer of the University and his emoluments and other terms and conditions of service shall be prescribed by the Statute.(10)Kulpati shall hold office for a term of four years or till be attains the age of 70 years whichever is earlier and shall to be eligible for appointment for more than two terms :Provided that notwithstanding the expiry of his term he shall continue to hold office until his successor is appointed and enters upon his office but this period shall not, in any case, exceed six months.(11)If at any time upon representation made or otherwise and after making such enquiries as may be deemed necessary, it appears to the Kuladhipati that Kulpati -(a)has made default in performing any duty imposed on him by or under this Act; or(b)has acted in a manner prejudicial to the interest of the University; or(c)is incapable of managing the affairs of the University,the Kuladhipati may notwithstanding the fact that the term of office of Kulpati has not expired, by an order, in writing, stating the reasons therein, require Kulpati to relinquish his office as from such date as may be specified in the order.(12)No order under sub-section (II) shall be passed unless the particulars of the grounds on which such action is proposed to be taken are communicated to Kulpati and he is given reasonable opportunity of showing cause against the proposed order.(13)As from the date specified in the order under sub-section (11), Kulpati shall be deemed to have relinquished the office and the office of Kulpati shall fall vacant.(14)In the event of the occurrence of any vacancy including a temporary vacancy in the office of Kulpati by reason of his death, resignation, leave, illness or otherwise, dean of any faculty nominated by the Kuladhipati for that purpose shall act as Kulpati until the date on which Kulpati appointed under sub-section (1) or sub-section (7) enters, as the case may be, upon office :Provided that the arrangements contemplated in this sub-section shall not continue for a period of more than six months.(15)Kulpati shall be the Chief Executive and Academic Officer of the University. He shall be an ex-officio member and Chairman of the Executive Council and of the Academic Council, and Chairman of such other authorities, committees or bodies of the University of which he is a member. He shall be entitled to be present and to speak at any meeting of any authority, committee or other body of the University, but shall not be entitled to vote unless he is a member of the authority, committee or body concerned.(16)It shall be the duty of Kulpati to ensure that this Act, the Statute, the Ordinance and the Regulation are faithfully observed and he shall have all powers necessary for this purpose.(17)Kulpati shall have power to call the meetings of the Executive Council or Academic Council and any other authority of which he is the chairman or he can delegate this power to any other officer.(18)If in the opinion of Kulpati any emergency has arisen which requires immediate action to be taken, Kulpati shall take such action as he deems necessary and shall, at the earliest opportunity thereafter, report his action to such officer, authority, committee or other body as would have in the ordinary course dealt with the matter:Provided that the action taken by Kulpati shall not commit the University to any recurring expenditure for a period of more than three months :Provided further that where any such action taken by Kulpati affects any person in the service of the University, such person shall be entitled to prefer, within thirty days from the date on which such action is communicated to him, an appeal to the Executive Council :Provided also that this power shall not extend to matters regarding amendment in Ordinance, Statute, Regulation or any matter relating to appointments.(19)On receipt of report under sub-section (18) if the authority, committee or body concerned does not approve the action taken by Kulpati it shall refer the matter to the Kuladhipati whose decision thereon shall be final.(20)The action taken by Kulpati under sub-section (18) shall be deemed to be the action taken by the appropriate authority until it is set aside by the Kuladhipati on a reference made under sub-section (19) or is set aside by the Executive Council on an appeal under the second proviso of sub-section (18).(21)If in the opinion of Kulpati, any proceeding of any authority, committee or other body of the University is likely to be prejudicial to the interest of the University, he shall record his reason and refer the matter to the Kuladhipati and also inform the authority, committee or other body concerned shall not be given effect to till the matter is decided by the Kuladhipati under sub-section (18) of Section 9.(22)Kulpati shall exercise general control over the affairs of the University and shall give effect to the decisions of the authorities of the University.(23)Kulpati shall exercise such other powers as may be prescribed by the Statute, Ordinance and Regulation.
