LexThe Bengal Engineering And Science University, Shibpur Act, 2004
West Bengal · state statute
Open in Lexace · Ask the AI about this act?egistered No. I/VB./SC-247 No. WB(Part-III)/2004/SAR-9 Mbe otkata coette Extraordinary Published by Authority BHADRA 11] THURSDAY, SEPTEMBER 2, 2004 [SAKA 1926 PART III—Acts of the West Bengal Legislature. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 1361-L.-2nd September, 2004.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XIII of 2004 THE BENGAL ENGINEERING AND SCIENCE UNIVERSITY, SHIBPUR ACT, 2004. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 2nd September, 2004.] An Act to provide for the reconstitution of the Bengal Engineering College, Shibpur, Howrah (a Deemed University) as the Bengal Egineering and Science University, Shibpur, and for matters connected therewith or incidental thereto. WHEREAS the Bengal Engineering College, Shibpur, Howrah has been declared by the Central Government as a Deemed University under section 3 of the University Grants Commission Act, 1956; AND WHEREAS it is expedient to confer on the said Institution the status of a University to enable it to function more efficiently as a teaching, training and research Centre in various branches of learning and courses of study promoting advancement 3 of 1956. 2 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 2, 2004 [PART IE The Bengal Engineering and Science University, Shibpur Act, 2004. Short title and commencement. Definitions. (Chapter I.—Preliminary.—Sections 1, 2.) and dissemination of knowledge and learning, and to meet the requirement of higher education and research in the field of Engineering and Technology, Basic and Applied Sciences, Social and Management Sciences and to avail better scopes and opportunities to serve the society and the nation; It is hereby enacted in the Fifty-fifth Year of the Republic of India, by the Legislature of West Bengal, as follows:— CHAPTER I Preliminary 1. (1) This Act may be called the Bengal Engineering and Science University, Shibpur Act, 2004. (2) This section and section 53 shall come into force at once; and the remaining provisions of this Act shall come into force on such date or dates as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act. 2. In this Act, unless there is anything repugnant in the subject or context,— "appointed day" means the date referred to in sub-section (5) of section 53; "College" means a College established or maintained by, or affiliated to, the University; "convocation" means a meeting of the Court for the purposes of conferring degrees, titles, diplomas, certificates or other academic distinctions; (4) "employee", in relation to the University, means a person other than a Teacher or an officer employed by the University; (5) "financial year" means the year ending on the 31st day of March; (6) "Governor" means the Governor of the State of West Bengal; (7) "hall" means a unit of residence of students maintained by the University; (8) "hostel" means a unit of residence for students, not maintained by the University but recognised under this Act as a hostel; (9) "Institution" means a College, Research Organisation or any other place, by whatever name called, for training, instruction, research or study; (10) "Librarian", in relation to the University, means a Librarian or any other person holding a post of Librarian, by whatever name called, appointed or recognised as such by the University; (11) "Minister" means the Minister-in-charge of Higher Education appointed as such by the Governor; (12) "non-teaching staff" means,— (a) in relation to the University, the non-teaching staff, not holding any teaching post (including part-time teaching post), appointed or recognised as such by the University, and (b) in relation to an affiliated College, the non-teaching staff, not holding any teaching post (including part-time teaching post), appointed or recognised by the University or appointed by such College, but does not include a Librarian; (13) "officer" means an officer of the University; (14) "prescribed" means prescribed by Statutes or Ordinances or Regulations; PART THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 2, 2004 3 The Bengal Engineering and Science University, Shibpur Act, 2004. (Chapter 11.—The University and its officers.—Sections 3, 4.) (15) "Statutes", "Ordinances", "Regulations" and "Rules" mean, respectively, the Statutes, Ordinances, Regulations and Rules made under this Act; (16) "State Government" means the Government of West Bengal in the Higher Education Department; (17) "Student" means a student of the University, and includes any person enrolled by the University for pursuing any course of study of the University; (18) "Teacher" means a Principal, Professor, Assistant Professor, Reader, Lecturer or any other person holding a teaching post either whole-time or part-time basis and appointed or recognised as such by the University for the purposes of imparting instruction and conducting research in the University; (19) "Teacher of the University" means a Professor, Reader, Assistant Professor, Lecturer or any other person, holding a teaching post including a part-time teaching post, appointed or recognised as such by the University; (20) "the University" means the Bengal Engineering and Science University, Shibpur, as constituted under this Act; (21) "University College" means a college, or an institute, or a college combined with an institute, maintained and managed by the University, whether established by it or not; (22) "University Laboratory", "University Library", "University Museum" or "University Institution" means a laboratory, a library, a museum or an institution, as the case may be, maintained and managed by the University, whether established by it or not; (23) "University Professor", "University Assistant Professor", "University Reader", or "University Lecturer" means a Professor, Assistant Professor, Reader or Lecturer appointed or recognised as such by the University. CHAPTER II The University and its officers The University. Powers of the University. 3. (1) The first Chancellor, the first Vice-Chancellor and the first members of the Court and the Executive Council, and all persons who may hereafter become the Chancellor or the Vice-Chancellor of the University or the members of the Court or the Executive Council, so long as they continue to hold such office or membership, shall constitute a body corporate by the name of the Bengal Engineering and Science University, Shibpur. (2) The University shall have perpetual succession and a common seal and shall sue and be sued by the name of the Bengal Engineering and Science University, Shibpur. 4. The University shall have the following powers, namely:— (1) to encourage and to provide for instruction, teaching, training and research in basic and applied sciences, engineering and technology, social and management sciences and such other branches of learning and courses of study as it may think fit, and generally to promote the advancement and dissemination of knowledge and learning and strengthening modernisation and internationalisation of higher education; (2) to establish, maintain and manage colleges, faculties, departments, libraries, laboratories, workshops, museums, social organisations and such other institutions or centres for studies and research as it may deem necessary; 4 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 2, 2004 [PART III The Bengal Engineering and Science University, Shibpur Act, 2004. (Chapter 11.—The University and its officers.—Section 4.) (3) to establish, maintain, and manage schools, centres and such other units for promotion of interdisciplinary and multidisciplinary research; (4) to provide for study and research in specialised and emerging areas and for organisation of common laboratories, libraries, museums and other institutions or centres for study and research work; (5) to establish and maintain linkage with industry and to promote interaction and enter into collaborative agreement with other universities, research institutions and learned societies and industries around the world in matters that relate to the furtherance of the objective of the University; (6) to promote research leading to development of technologies and transfer of such technologies to society in general and industry in particular; (7) to promote creation of highly skilled manpower capable of contributing towards national development in general and development of industry based on modern technology in particular; (8) to take appropriate measures for maintenance of standard and enhancement of quality in higher education; (9) to institute degrees, titles, diplomas, certificates and other academic distinctions; (10) to hold examinations and to confer degrees, titles, diplomas, certificates and other academic distinctions on persons who have pursued approved courses of study in the University unless exempted therefrom in the manner prescribed, and have passed the prescribed examinations of the University; (11) to arrange for adjudication of doctoral thesis/dissertation or relevant work as may be prescribed by the University and to confer degrees upon persons who have carried on research in accordance with the relevant regulations of the University; (12) to withdraw or to cancel degrees, titles, diplomas, certificates or other academic distinctions under such conditions as may be prescribed by Statutes and after giving the person affected a reasonable opportunity to present his case; (13) to confer honorary degrees or other academic distinctions under conditions prescribed; (14) to institute the posts of Teacher of University, Professor, Assistant Professor and other teaching posts required by the University and to appoint the Teacher of University, persons to such posts of Professor, Assistant Professor, Lecturer or other teaching posts, or to recognise persons as Professors, Assistant Professors or Lecturers of the University; (15) to create posts, as and when required, of officers and employees of the University besides those provided for in this Act; (16) to prescribe, subject to the provisions of this Act, the constitution, powers and duties of the Boards of Studies, the Finance Committee, Planning and Monitoring Board and such other bodies; (17) to prescribe the powers and duties of officers of the University; (18) to prescribe, subject to the provisions of this Act, the terms and conditions of service, including the rules of conduct and discipline, and the emoluments for all posts of Teachers of the University and employees of the University and for all posts of officers; (19) to make provisions for provident and other funds for Teachers of the University and for officers and employees of the University; PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 2, 2004 5 The Bengal Engineering and Science University, Shibpur Act, 2004. (Chapter 11.—The University and its officers.—Sections 5-7.) (20) to acquire, hold and dispose of property, movable and immovable, and to make grants and advances for furthering its objects; (21) to accept and administer gifts, endowments and benefactions, for the furtherance of any of the objects of the University; (22) to institute awards, fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes; (23) to accept grants and to raise loans or to accept loans from Central or any State Government or the University Grants Commission, and also from other sources; (24) to make appropriate measures for creation of an independent financial base of the University; (25) to create fund out of donations and contributions from private sources with attendant obligations and engagements not inconsistent with the objects or standing of the University; (26) to prescribe fees or other charges for examinations and other purposes, and to demand and receive the fees or other charges so prescribed; (27) to establish, maintain and manage halls, to recognise hostels and to withdraw such recognition; (28) to provide for the promotion of health and welfare of students and of discipline among them; (29) to perform all such acts and do all such things as may be necessary or desirable for, or incidental to, the advancement of the objects or purposes of the University; (30) to appoint, either on contract or otherwise, visiting professors, emeritus professors, consultants, fellows, scholars and such other persons as may contribute to the advancement of the objects of the University; and (31) to affiliate any college, institution or centre with the sanction of the State Government, subject to such conditions and restrictions as the State Government may impose. The Chancellor. Officers of the University. The Vice- Chancellor. 5. (1) The Governor shall, by virtue of his office, be the Chancellor of the University. He shall be the head of the University and the President of the Court and shall, when present, preside over the meetings of the Court. (2) The Chancellor shall exercise such powers as may be conferred on him by or under the provisions of this Act. (3) Where power is conferred upon the Chancellor to make nominations to any authority or body of the University, the Chancellor shall, to the extent necessary, nominate persons to represent interests not otherwise adequately represented. (4) Every proposal to confer any honorary degree shall be subject to confirmation by the Chancellor. 6. The following shall be the officers of the University:— (i) the Vice-Chancellor; (ii) the Registrar; (iii) the Finance Officer; and (iv) such other persons as may be declared by the Statutes to be the officers of the University. 7. (1) The Vice-Chancellor shall be appointed by the Chancellor on the recommendation of a "Search Committee" to be constituted for this purpose. The "Search Committee" shall have three members, one member to be nominated by the Minister and two by the Court, in the manner prescribed by the Statutes. No person, who is an employee or a member of any authority of the University, shall be nominated to be a member of the "Search Committee". The Registrar shall be the non-member convenor of the "Search Committee". 6 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 2, 2004 [PART III The Bengal Engineering and Science University, Shibpur Act, 2004. (Chapter 11.—The University and its officers.—Section 8.) (2) (a) The Vice-Chancellor shall hold office for a period of four years or till he attains the age of 65 years, whichever is earlier, and shall, subject to the provisions of this section, be eligible for re-appointment for a further period not exceeding four years. (b) The Chancellor may, notwithstanding the expiration of the term of the office of Vice-Chancellor or his attaining the age of 65 years, allow him to continue in office till a successor assumes office, provided that he shall not continue as such for any period exceeding six months. (3) The Vice-Chancellor shall be a whole-time officer of the University and shall be paid from the University Fund such salary and allowances as the Chancellor may decide in consultation with the State Government. (4) The Vice-Chancellor may resign his office by writing under his hand addressed to the Chancellor. (5) If the Vice-Chancellor is, by reason of leave, illness or other cause, temporarily unable to exercise the powers, and perform the duties, of his office, then, during the period of such temporary inability of him, the Chancellor may, in consultation with the Minister, appoint any person to exercise the powers, and perform the duties, of the Vice-Chancellor for a period not exceeding six months from the date of such appointment, pending the appointment of the Vice-Chancellor in accordance with the provisions of sub-section (1). (6) If any vacancy arises in the office of the Vice-Chancellor by reason of death, resignation or expiry of the term of his office or otherwise, then, such vacancy shall be filled up by appointment of a Vice-Chancellor in accordance with the provisions of sub-section (1) within a period of six months from the date of occurrence of such vacancy, and such period shall be held to include any period for which a Vice- Chancellor is allowed to continue in office in terms of clause (b) of sub-section (2), or a person is appointed to exercise the powers, and perform the duties, of the Vice- Chancellor under sub-section (5). Powers and duties of the Vice-Chancellor. 8. (1) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall, in the absence of the Chancellor, preside over the meeting of the Court. He shall, by virtue of his office, be a member and the Chairman of the Executive Council and the Faculty Councils for post-graduate and undergraduate studies and also the Chairman of any other authority or body of the University of which he may be a member, but shall not be entitled to vote thereat. (2) The Vice-Chancellor shall have the power to convene meetings of the Court, the Executive Council, Faculty Councils for post-graduate and undergraduate studies and of any other authority or body of the University. (3) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act, and the Statutes, the Ordinances, the Regulations and the Rules are faithfully observed and to take such action as may be necessary for this purpose. (4) The Vice-Chancellor shall have the power to exercise general control and supervision over all other officers of the University and over all Teachers and employees of the University and generally over all the affairs of the University. (5) The Vice-Chancellor shall exercise such other powers, and discharge such other duties, as may be delegated to him by any authority or body of the University or as may be prescribed by Statutes, Ordinances or Regulations. (6) The Vice-Chancellor may take on behalf of the University such action as he may deem expedient in any matter which, in his opinion, is either urgent or of an emergent nature and shall report the same for confirmation at the next meeting of the authority or body which, in the ordinary course, would have dealt with the matter: Provided that if the action taken by the Vice-Chancellor is not approved by the authority or body concerned, the matter shall immediately be referred to the Chancellor whose decision thereon shall be final. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 2, 2004 7 The Bengal Engineering and Science University, Shibpur Act, 2004. (Chapter 11.—The University and its officers.—Sections 9-12.) (7) The Vice-Chancellor may, with the approval of the Executive Council, at any time, delegate any of his powers other than the powers which are conferred on him in terms of sub-section (6) to any other officer subordinate to him. The Registrar. Powers and duties of the Registrar. The Finance Officer. Powers and duties of the Finance Officer. 9. (1) The Registrar shall be a whole-time officer of the University and shall be appointed by the Executive Council on the recommendation of a Committee consisting of the Vice-Chancellor as Chairman, a nominee of the Chancellor, two nominees of the Executive Council and a nominee of the State Government. (2) The Registrar may resign his office by writing under his hand addressed to the Vice-Chancellor. (3) If the Registrar is for any reason temporarily unable to exercise the powers or perform the duties of his office, the Vice-Chancellor may, with the approval of the Executive Council, appoint a Teacher of the University or an officer of the University, temporarily for a period not exceeding six months, to exercise the powers, and perform the duties, of the Registrar. 10. (1) Subject to the supervision, direction and general control of the Vice- Chancellor, the Registrar shall act as the Secretary of the Court as also of the Executive Council and shall exercise such powers, and perform such duties, as may be prescribed or delegated to him by or under this Act. (2) The Registrar shall, subject to the provisions of this Act, have the power of supervision and control over all officers and employees serving in departments under his charge and shall exercise such disciplinary power as may be conferred on him by or under this Act. 11. (1) The Finance Officer shall be a whole-time officer of the University and shall be appointed by the Executive Council on the recommendation of a Committee consisting of the Vice-Chancellor as the Chairman, two nominees of the Executive Council, a nominee of the Chancellor, and a nominee of the State Government. (2) The Finance Officer may resign his office by writing under his hand addressed to the Vice-Chancellor. (3) If the Finance Officer is for any reason temporarily unable to exercise the powers, and perform the duties, of his office, the Vice-Chancellor may, with the approval of the Executive Council, appoint a person temporarily for a period not exceeding six months, to exercise the powers, and perform the duties, of the Finance Officer. 12. (1) The Finance Officer shall, subject to the supervision, direction and control of the Vice-Chancellor and the Executive Council, be in charge of administration of the funds, the finances, and the properties and assets of the University and of all trusts and endowments. (2) The Finance Officer shall have special interest in the activities that aim at raising funds for the University and augmenting the resources of the University. (3) The Finance Officer shall, subject to the provisions of this Act, have the powers of supervision and control over all officers and employees serving in departments under his charge and shall exercise such disciplinary powers as may be conferred on him by or under this Act. 8 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 2, 2004 [PART III The Bengal Engineering and Science University, Shibpur Act, 2004. (Chapter III.—Authorities of the University.—Sections 13, 14.) CHAPTER III Authorities of the University Authorities. 13. The following shall be the authorities of the University:— (1) the Court; (2) the Executive Council; (3) the Faculty Councils for post-graduate and undergraduate studies; (4) the Boards of Studies; (5) the Finance Committee; (6) the Planning and Monitoring Board; (7) such other authorities as may be established under the Statutes. The Court. 14. (1) The Court shall consist of the following members:— (a) ex officio members (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the immediately preceding Vice-Chancellor; (iv) the Secretary, Higher Education Department, Government of West Bengal, or his nominee not below the rank of Joint Secretary or Special Secretary to the Government of West Bengal; (v) the Secretary, Finance Department, Government of West Bengal, or his nominee not below the rank of Joint Secretary or Special Secretary to the Government of West Bengal; (vi) the President, West Bengal Council of Higher Secondary Education; (vii) the Director, Indian Association for Cultivation of Science; (viii) the Deans of the Faculty Councils for Post-graduate and Undergraduate Studies; (ix) the Directors of Schools; (x) one nominee of the University Grants Commission; (xi) one nominee of All India Council for Technical Education; (xii) one Member of the West Bengal Legislative Assembly, elected by the Members of the West Bengal Legislative Assembly; (xiii) Member-Secretary, West Bengal State Council of Higher Education, ex officio; (xiv) Chairman, West Bengal State Centre, Indian Institute of Engineers, ex officio. (b) other members (xv) three Professors of the University, not more than one from any department, elected by the Professors of the University; (xvi) three Teachers other than Professors of the University not more than one from any department, elected by such Teachers; (xvii) one regular post-graduate student of the University, to be elected by an electoral college. Explanation I.—"Regular post-graduate student" shall mean a student who has been prosecuting his studies in a post-graduate department of the University under any Faculty Council for post-graduate and undergraduate studies and who is not in default of payment of prescribed tuition fees and other dues of the University till such date as may be notified by the University in this behalf. PART THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 2, 2004 9 The Bengal Engineering and Science University, Shibpur Act, 2004. (Chapter IIL—Authorities of the University.—Section 15.) Powers and functions of the Court. Explanation IL—Not withstanding anything contained elsewhere in this Act, a regular post-graduate student elected under this clause shall hold office for a period of two years from the date of his election or till he ceases to be a regular post-graduate student of the University, whichever is earlier; (xviii) three regular students prosecuting their studies in undergraduate degree classes of whom one shall be a lady student, elected by an electoral college. Explanation 1.—"Regular student" shall mean a student in an undergraduate class and who is not in default of payment of prescribed tuition fees and other dues of the University till such date as may be notified by the University in this behalf. Explanation II. —Not withstanding anything contained elsewhere in this Act, a regular student elected under this clause shall hold office for a period of three years from the date of his election or till he ceases to be a regular student of the University, whichever is earlier; (xix) two members elected by the members of the non-teaching staff of the University from amongst themselves; (xx) two members elected by the officers and the supervisory staff of the University from amongst themselves; (xxi) three persons to be nominated by the State Government to secure the representation of the professional, industrial, scientific, technical, academic and other learned societies; (xxii) two persons to be nominated by the Chancellor; (xxiii) two persons who are members of the Alumni Association of the University, or Bengal Engineering College, to be nominated by the State Government. (2) All elections to the Court shall be held in the manner prescribed by the Statutes. 15. ( 1 ) Subject to such conditions as may be provided by or under the provisions of this Act, the Court shall exercise the following powers and perform the following functions:— (i) to consider the annual report as prepared by the Executive Council and to pass such resolutions relating thereto as may be considered necessary; (ii) to consider and advise on such other reports from the Executive Council or any other body as may be placed before it; (iii) to consider, and advise on, proposals from the Executive Council for co-operation and collaboration with other universities, institutions and educational authorities in matters that relate to or further the academic objectives of the University; (iv) to consider the Annual Statement of Accounts and the Annual Financial Estimates approved by the Executive Council and to pass such resolutions relating thereto as may be considered necessary: Provided that for the purpose of passing the resolutions modifying or rejecting any such Annual Financial Estimates, it shall be necessary for a majority of the total number of members of the Court existing at the time to vote in favour of the resolution; (v) to consider and suggest measures for the improvement of the administration and finances of the University, and generally for the furtherance of its objectives; 10 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 2, 2004 [PART III The Bengal Engineering and Science University, Shibpur Act, 2004. (Chapter 111.—Authorities of the University.—Section 16.) (vi) to establish University departments, Institutions, schools and centres of multidisciplinary research, libraries, laboratories, workshops and museums for study and research; (vii) to create and institute with the approval of the State Government, posts of Professors, Assistant Professors, Lecturers and such posts including posts of officers and staff as may be necessary for the establishment of University departments, Institutions, schools and centres, libraries, laboratories, workshops and museums referred to in clause (vi); (viii) to institute fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes to be awarded out of the University Fund; (ix) to institute degrees, titles, diplomas, certificates and other academic distinctions; (x) to confer degrees, titles, diplomas, certificates and other academic distinctions on persons who— (a) have pursued prescribed courses of studies or have been exempted therefrom in the manner prescribed, and have passed such examinations as may be prescribed, or (b) have carried on research in accordance with such conditions as may be prescribed; (xi) to withdraw or to cancel degrees, titles, diplomas, certificates or other academic distinctions under such conditions as may be prescribed by Statutes and after giving the person affected a reasonable opportunity to present his case; (xii) to confer honorary degrees or other academic distinctions; (xiii) to make rules for the transaction of its own business; (xiv) to exercise all other powers and perform all other functions conferred and imposed on the Court by or under this Act. (2) The Court shall not exercise the powers and perform the duties referred to in clauses (vi), (vii) and (xii) of sub-section (1) except on the recommendation of the Executive Council but may send proposals in respect thereof to the Executive Council for its recommendation. (3) The Court shall have the power to review the action of the Executive Council, save where the Executive Council has acted in accordance with the powers conferred on it by or under this Act: Provided that if any question arises as to whether the Executive Council has acted in accordance with the powers conferred on it by or under this Act, the matter shall be decided by reference to the Chancellor whose decision shall be final. Meetings of the Court. 16. (1) The Court shall meet at least thrice in a financial year, other than for convocation, on dates to be fixed by the Vice-Chancellor. One of such meetings shall be held before March and shall be called the Annual Meeting. The Court may also meet at such other times as it may, from time to time, decide. (2) One-third of the total number of members of the Court shall be a quorum for a meeting of the Court: Provided that such quorum shall not be required at a convocation. (3) The Vice-Chancellor may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than fifty per cent of the total number of members of the Court, convene a meeting of the Court. A meeting on such requisition shall be held within fifteen days of the receipt of the requisition by the Vice-Chancellor. PART III] THE KOLKA'TA GAZETTE, EXTRAORDINARY, SEPTEMBER 2, 2004 11 The Bengal Engineering and Science University, Shibpur Act, 2004. (Chapter 111.—Authorities of the University.—Sections 17, 18.) The Executive Council. Powers and functions of the Executive Council. 17. (1) The Executive Council shall consist of the following members:— (a) ex officio members (i) the Vice-Chancellor; (ii) the Deans of the Faculty Councils for post-graduate and undergraduate studies; (b) other members (iii) one Professor of the University elected by such Professors of the University, as are members of the Faculty Councils for post-graduate and undergraduate studies from amongst themselves; (iv) one Teacher, other than Professor of the University, as are members of the Faculty Councils for post-graduate and undergraduate studies from amongst themselves; (v) one Professor of the University elected by such Professors of the University as are members of the Court from amongst themselves; (vi) one Teacher, other than Professors of the University, as are members of the Court elected from amongst themselves; (vii) one person, other than Teachers, Students and non-teaching employees of the University, elected by the members of the Court from amongst themselves; (viii) one non-teaching employee of the University elected by such non-teaching employees of the University as are members of the Court from amongst themselves; (ix) one officer or supervisory staff of the University elected by such officers or supervisory staff of the University as are members of the Court from amongst themselves; (x) one Director of the Schools nominated by the Vice- Chancellor; (xi) one person nominated by the Chancellor; (xii) two persons to be nominated by the State Government to secure the representation of the professional, industrial, scientific, technical, academic and other learned societies; (xiii) the Secretary, Higher Education Department, Government of West Bengal, or his nominee not below the rank of Joint Secretary or Special Secretary to the Government of West Bengal; (xiv) the Secretary, Finance Department, Government of West Bengal, or his nominee not below the rank of Joint Secretary or Special Secretary to the Government of West Bengal. (2) all elections to the Executive Council shall be held in such manner as may be prescribed by Statutes. (3) one-third of the total number of members shall constitute a quorum for a meeting of the Executive Council. 18. Subject to the provisions of this Act, the Executive Council shall exercise the following powers and perform the following functions:— (1) to initiate proposals for making of Statutes and Ordinances including oroposals for amendment or repeal thereof. in the manner hereinafter provided; 12 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 2, 2004 [PART III The Bengal Engineering and Science University, Shibpur Act, 2004. (Chapter 111.—Authorities of the University.—Section 18.) (2) to make regulations regarding courses of studies and organisation of subjects after obtaining and considering the recommendation of the Faculty Councils for post-graduate and undergraduate studies in this regard; (3) to make regulations regarding examinations which shall be recognised as the equivalent examinations held by the University; (4) to make regulations regarding conditions under which students may be admitted to different courses of studies; (5) to make regulations regarding conduct of examinations held by the University and the condition under which students may be admitted to such examinations; (6) to make regulations regarding all other matters which may be or are required to be prescribed or provided by the regulations; (7) to give directions regarding the Form, custody and use of the common seal of the University; (8) to recommend to the Court, after consulting the respective Faculty Councils for post-graduate and undergraduate studies, whenever necessary, the establishment of University Departments, Institutions, Schools and Centres of multidisciplinary research centres and such other research units, libraries, laboratories, workshops and museums for study and research; (9) to maintain University Departments, University Institutions, University Schools and Centres, University Workshops, Technology Parks, University libraries, University laboratories and University museums; (10) to establish, maintain and manage halls and to recognise hostels; (11) to direct the inspection of University libraries, University laboratories, University museums, halls and hostels; (12) to recommend to the Court, after consulting the respective Faculty Councils for post-graduate and undergraduate studies, whenever necessary, the institution of fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, medals and prizes, the expenses of which shall be met from the University Fund, and to award the same after institutions thereof by the Court; (13) to recommend to the Court, after consulting the respective Faculty Councils for post-graduate and undergraduate studies, if necessary, the creation and institution of posts of Professors, Assistant Professors and Lecturers and such posts as may be needed for the establishment of the University Departments, Institutions, schools and centres, libraries, laboratories, workshops and museums referred to in clause (vi) of sub- section (1) of section 15; (14) to create with the approval of the State Government posts of officer, teachers and employees of the University or to recommend to the Court for such creation, where necessary; (15) to prescribe the minimum qualifications for posts of officers, teachers, and non-teaching employees of the University; (16) to appoint Teachers, officers and employees of the University and to fix their emoluments and define their duties and other terms and conditions of service in accordance with the Statutes and the Ordinances; PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 2, 2004 13 The Bengal Engineering and Science University, Shibpur Act, 2004. (Chapter 111.—Authorities of the University.—Section 18.) (17) to suspend, discharge or otherwise punish the Teachers, officers and employees of the Univeristy in accordance with the Statutes and the Ordinances; (18) to recommend to the Court, after consulting the respective Faculty Councils for post-graduate studies, the institution of degrees, titles, diplomas, certificates and other academic distinctions; (19) to approve the constitution or reconstitution of the departments of teaching on the recommendation of the respective Faculty Council for post-graduate and undergraduate studies; (20) to provide for co-operation and reciprocity among colleges, Institutions and laboratories and the University so as to foster the development of academic life and to ensure the fullest utilisation of the resources available in the University on the recommendation of the respective Faculty Council for post-graduate and undergraduate studies; (21) to co-operate with other universities, institutions, associations, societies or bodies on such terms and for such purposes, not inconsistent with the purposes of this Act, as it may determine; (22) to recommend to the Court, on the advice of the appropriate body, the conferment of degrees, titles, diplomas, certificates and other academic distinctions on persons who have pursued prescribed courses of studies or have been exempted therefrom in the prescribed manner, and have passed such examinations or have carried on research under such conditions as may be prescribed; (23) to recommend to the Court, the conferment of honorary degrees and other academic distinctions; (24) to prescribe and collect fees or charges for the registration of students and their admission to courses of studies organised by the University, for holding examinations, for the grant of degrees, diplomas and certificates, and for other like purposes; (25) to acquire, hold and dispose of property, movable or immovable, and to administer all assets, properties and funds of the University, and to undertake all measures necessary or desirable for the conservation or augmentation of the resources of the University: Provided that for the purpose of disposing of any property valued at not less than one lakh of rupees, previous approval of the Court shall be necessary; (26) to accept and administer gifts, endowments and benefactions for the furtherance of the purposes of this Act; (27) to accept grants and with the approval of the State Government to raise or accept loans on behalf of the University and to make grants or advances from the University Fund or other special funds maintained by the University; (28) to approve the Annual Statements of Accounts and the Annual Financial Estimates of the University and to submit the same to the Court for consideration; (29) to prepare the annual report and submit the same to the Court for consideration; 14 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 2, 2004 [PART III The Bengal Engineering and Science University, Shibpur Act, 2004. (Chapter III.—Authorities of the University.—Section 19.) (30) to make due provision for the health, welfare, residence and discipline of the students and their relationship with the University and to provide for such training of students as may be considered desirable; (31) to make rules for the transaction of its own business; (32) to exercise all other powers and perform all other functions conferred and imposed on the Executive Council by or under this Act; (33) to exercise general supervision over the Faculty Councils for post- graduate studies and Councils for undergraduate studies and give directions to these Councils for the due discharge of their respective duties as it may consider necessary. The Faculty Councils for post- graduate and undergraduate studies. (a) the Faculty Council for Post-graduate Engineering and Technology; (b) the Faculty Council for Post-graduate Basic and Applied Sciences; and (c) the Faculty Council for Post-graduate Social and Management sciences. 19. (1) There shall be the following Faculty Councils for post-graduate and undergraduate studies:— and Undergraduate Studies in and Undergraduate Studies in and Undergraduate Studies in (2) Each Faculty Council for post-graduate and undergraduate studies shall consist of the following members:— (i) the Vice-Chancellor—Chairman; (ii) the Dean of the Faculty Council concerned; (iii) the Head or Heads of the Department or Departments concerned, if any; (iv) Directors of schools concerned, as may be nominated by the Vice- Chancellor; (v) the Professor or Professors of the Department or Departments concerned, if any; (vi) five Teachers of the University, other than Professors belonging to the departments of the Faculty Council concerned to be elected jointly by such Teachers from amongst themselves; (vii) not more than five persons having special knowledge in the subject or subjects concerned nominated by the Vice-Chancellor; and (viii) not more than three persons having special knowledge in the subject or subjects concerned nominated by the Executive Council, from a list of not more than nine experts recommended by the Court. (3) Each Faculty Council for post-graduate and undergraduate studies shall have a Secretary who shall be a member of the Faculty Council: Provided that in the absence of the Secretary, the Registrar or a Deputy Registrar or an Assistant Registrar, as may be nominated by him, shall act as the Secretary of the Faculty Council. (4) One-third of the total number of members of a Faculty Council for post- graduate and undergraduate studies shall constitute a quorum for a meeting of the Faculty Council. PART HI] THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 2, 2004 15 Powers and functions of the Faculty Councils for post-graduate and undergradu- ate studies. The Bengal Engineering and Science University, Shibpur Act, 2004. (Chapter 111.—Au thorities of the University.—Section 20.) 20. Subject to the provisions of this Act, and the Statutes, the Ordinances and the Regulations, a Facutlty Council for post-graduate and undergraduate studies shall exercise the following powers and perform the following functions:— (1) to make proposals to the Executive Council for the establishment of University Departments, institutions, schools and centres, libraries, laboratories, workshops and museums for study and research to be maintained by the University; (2) to recommed to the Executive Council for the creation and institution of posts of Professors, Assistant Professors and Lecturers, and other teaching posts, and the duties and emoluments thereof; to make proposal to the Executive Council for constituting - or reconstituting the departments of teaching in the University; (4) to make proposals to the Executive Council for the promotion of research and to keep the Executive Council informed of the progress of research in the University at regular intervals; to make general supervision over the Boards of Studies attached to the Facul
Excerpt shown. Open the full act in Lexace.