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State of Chattisgarh - Section

Section 54 in Indira Kala Sangit Vishwavidyalaya Act, 1956

54. [ Power of State Government to apply Act in modified form with a view to provide for better administration of University in certain circumstances. [Substituted by C.G. Act No. 8 of 2002.]

(1)If the State Government on receipt of a report or otherwise, is satisfied that a situation has arisen in which the administration of the University cannot be carried out in accordance with the provisions of the Act, without detriment to the interests of the University, and it is expedient in the interest of the University so to do, it may by notification, for reasons to be mentioned therein, direct that the provisions of Sections 12, 12-A, 17-A, 21, 22, 23, 24, 25 and 27 shall, as from the date specified in notification (hereinafter in this section referred to as the appointed date), apply to the University subject to notified orders of the State Government;
(2)The notification issued sub-section (1) (hereinafter referred to as the notification) shall remain in operation for a period of one year from the appointed date and the State Government may, from time to time, extend the period by such further period as it may think fit so however that the total period of operation of the notification does not exceed three years;
(3)The Kuladhipati shall, in consultation with the State Government, simultaneously with the issue of the notification, appoint the Kulapati under sub-section (1) and shall remove the Kulapati in the like manner. The Kulapati so appointed shall hold office during the period of operation of the notification :Provided that the Kulapati may, notwithstanding the expiration of the period of operation of the notification, continue to hold office thereafter until his successor enters upon office, but this period shall not exceed one year.
(4)As from the appointed date, the following consequences shall ensue, namely :-
(i)this Act shall have effect subject to the notified order of the State Government;
(ii)the Kulapati, holding office immediately before the appointed date, shall notwithstanding that his terms of office not expired, vacate his office;
(iii)every person holding office as a member of the [Karyakarini Samiti], the Karyakarini Samiti or the Shiksha Samiti, as the case may be, immediately before the appointed date shall cease to hold that office;
(iv)until the [Karyakarini Samiti] [Substituted by C.G. Act No. 12 of 2005 (w.e.f. 25-8-2005).], Karyakarini Samiti, or Shiksha Samiti, as the case may be, reconstituted, the Kulapati appointed under Section 54 (3) shall exercise the powers and perform the duties conferred or imposed by or under this Act, on the [Karyakarini Samiti] [Substituted by C.G. Act No. 12 of 2005 (w.e.f. 25-8-2005).], Karyakarini Samiti or Shiksha Samiti :
Provided that the Kuladhipati may, if considers it necessary so to do, appoint a Committee consisting of an educationist, an administrative expert and a financial expert to assist the Kulapati so appointed in exercise of such powers and performance of such duties.
(5)Before the expiration of the period of operation of the notification or immediately as early as practicable, thereafter, the Kulapati shall take steps to constitute the [Karyakarini Samiti] [Substituted by C.G. Act No. 12 of 2005 (w.e.f. 25-8-2005).], Karyakarini Samiti and Shiksha Samiti in accordance with the provisions of the Act, as unmodified and the [Karyakarini Samiti] [Substituted by C.G. Act No. 12 of 2005 (w.e.f. 25-8-2005).], Karyakarini Samiti and Shiksha Samiti as so constituted shall begin to function on the date immediately following the date of expiry if the period of operation of the notification of the date on which the respective bodies are so constituted whichever is later :Provided that if the [Karyakarini Samiti] [Substituted by C.G. Act No. 12 of 2005 (w.e.f. 25-8-2005).], Karyakarini Samiti and Shiksha Samiti are not constituted before the expiration of the period of operation of the notification, the Kulapati shall on such expiration exercise the powers of each of these authorities subject to prior approval of the Kuladhipati till the [Karyakarini Samiti] [Substituted by C.G. Act No. 12 of 2005 (w.e.f. 25-8-2005).], Karyakarini Samiti or Shiksha Samiti as the case may be, is so constituted.]