The Bidhan Chandra Krishi Viswa Vidyalaya ( Temporary Supersession ) Act, 1978

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act V of 1978 
THE BIDHAN CHANDRA KRISHI VISWA VIDYALAYA 
(TEMPORARY SUPERSESSION) ACT, 1978. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta 
Gazette, Extraordinary, of the 27th March, 1978.] 
[27th March, 1978.] 
West Ben. Act 
XLIX of 1974. 
An Act to Provide for the temporary supersession of the Bidhan 
Chandra Krishi Viswa Vidyalaya 
WHEREAS it has become necessary to provide for the supersession 
of the Bidhan Chandra Krishi Viswa Vidyalaya for a temporary 
period and for the carrying on the administration of the said Viswa 
Vidyalaya during the period of supersession; 
It is hereby enacted in the Twenty-ninth Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the Bidhan Chandra Krishi Viswa 
Vidyalaya (Temporary Supersession) Act, 1978. 
(2) It shall be deemed to have come into force on the 8th day 
of December, 1977. 
2. (1) In this Act, unless the context otherwise requires,— 
	 Definitions. 
(a) "the Act" means the Bidhan Chandra Krishi Viswa 
Vidyalaya Act, 1974; 
(b) "the Council" means the Bidhan Chandra Krishi Viswa 
Vidyalaya Council referred to in clause (b) of section 4 
of this Act; 
(c) "Education Minister" means the Minister-in-charge of 
Higher Education of the Government of West Bengal; 
(d) "the University" means the Bidhan Chandra Krishi Viswa 
Vidyalaya constituted under section 3 of the Act.  
Short title and 
commence-
ment. 
15 
The Bidhan Chandra Krishi Viswa Vidyalaya (Temporary 
Supersession) Act, 1978. 
[West Ben. Act 
Supersession 
of the 
University. 
Effect of 
supersesssion. 
(Sections 3,4.) 
(2) All the words and expressions used in this Act but not 
defined shall have the same meanings as assigned to them in the 
Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. 
3. (1) Whereas circumstances exist which render it necessary 
to take immediate action in providing for the supersession of the 
Bidhan Chandra Krishi Viswa Vidyalaya. it is hereby declared that 
the University shall, with effect from the date of coming into force 
of this Act and for a period of one year thereafter, stand superseded. 
(2) The State Government may, by notification in the Official 
Gazette, extend the period referred to in sub-section (1) from time 
to time so, however, that such extension shall not exceed a period 
of six months at a time. 
4. With effect from the date of coming into force of this Act,— 
(a) all the members of the University excepting the 
Chancellor and those referred to in clause (c) to (j), (n) 
and (o) to (r) of sub-section (2) of section 3 of the Act, 
and the members of the Board of Management, the 
Academic Council, the Board of Studies of the different 
Faculties and all authorities of the university declared 
by Statutes, if any, made under the Act, shall vacate 
their respective offices; . 
(b) all the powers, functions and duties assigned to the 
University, the Board of Management, the Academic 
Council, the Board of Studies of the different Faculties 
and all the authorities of the University under the Act or 
any Statute or Regulation made thereunder shall be 
exercised by the Council to be known as the Bidhan 
Chandra Krishi Viswa Vidyalaya Council in the manner 
provided; 
(c) the Council shall be comprised of the Chancellor, the 
Vice-Chancellor appointed under section 5 of this Act, 
the Pro-Vice-Chancellor, if any, and members referred 
to in clauses (c) to (j), (n) and (o) to (r) of sub-section 
(2) of section 3 of the Act and ten members to be 
nominated by the Chancellor in consultation with the 
Minister and the Education Minister from amongst the 
Deans of the Faculties and teachers of the University; 
West Ben. Act 
XLIX of 1974. 
16 
The Bidhan Chandra Krishi Viswa Vidyalaya (Temporary 
Supersession) Act, 1978. 
V of 1978.] 
(Section 4.) 
(d) the Council so constituted shall carry on the functions of 
the University, the Board of Management, the Academic 
Council, the Board of Studies and other bodies constituted 
under the Act or Statutes: 
Provided that the Council may, with the approval of 
the Chancellor, delegate any of its powers to such body 
or bodies as may be constituted with selected members 
of the Council to carry on the functions assigned to the 
Board of Management, the Academic Council, the Board 
of Studies and other bodies constituted under the Act or 
Statutes and the Council may also appoint persons, 
connected with the affairs of the University, to advise or 
assist the body or bodies constituted: 
Provided further that any vacancy in the Council or 
body or bodies, if any, constituted by the Council, due 
to omission, initial or subsequent, to nominate members, 
death, resignation or otherwise, shall not invalidate the 
proceedings of the Council or the body or bodies 
constituted: 
Provided also that the delegation shall not prevent 
the exercise of any such powers or performance of any 
such duties by the Council and the Council may also 
alter or set aside a decision of the body or bodies 
constituted; 
(e) twenty-five per cent. of the members of the Council 
shall form the quorum for a meeting of the Council and 
twenty-five per cent. of the members of the body or 
bodies to which functions may be delegated under 
clause (d) shall form the quorum for a meeting of such 
body or bodies: 
Provided that the Vice-Chancellor and in his absence 
the Pro-Vice-Chancellor shall preside in any meeting of 
the Council or body in which he may be present and in 
the absence of both of them, the members present shall 
by a majority vote elect the President for the meeting; 
(f) all the provisions in the Act, Statutes or Regulations 
17 
The Bidhan Chandra Krishi Viswa Vidyalaya (Temporary 
Supersession) Act, 1978 
[West Ben. Act V of 1978.] 
(Sections 5-9.) 
shall, if in conflict with the provisions of this Act, stand 
modified: 
Appointment 
of Vice-
Chancellor. 
Filling up of 
vacancies. 
Power to 
remove 
difficulties. 
The University 
to continue as 
a body 
corporate. 
Repeal and 
savings. 
Provided that nothing in this clause shall affect the 
powers of the Chancellor under the Act, Statutes or 
Regulations. 
5. As soon as may be after the coming into force of this Act, the 
Chancellor shall, in consulation with the Minister and the Education 
Minister, appoint a person to be the Vice-Chancellor and all the 
provisions of the Act which apply to a Vice-Chancellor appointed 
under sub-section (1) of section 20 of the Act shall so far as may 
be apply in relation to a Vice-Chancellor appointed under this 
section. 
6. Vacancies by resignation, death or otherwise amongst members 
nominated shall be filled up by the Chancellor in the manner 
provided in clause (c) of section 4. 
7. If in view of the provisions in the Act, any difficulty arises 
in giving effect to the provisions of this Act the Council shall refer 
the difficulty to the State Government which may, in consultation 
with the Chancellor, make such order or do such thing, not 
inconsistent with the provisions of this Act, as might be considered 
necessary or expedient for removing the difficulty. 
8. Nothing in this Act shall be construed as effecting or implying 
in any way the dissolution of the University as a body corporate as 
described in sub-section (1) of section 3 of the Act. 
9. (1) The Bidhan Chandra Krishi Viswa Vidyalaya (Temporary 
Supersession) Ordinance, 1977, is hereby repealed. 
(2) Anything done or any action taken under the said 
Ordinance shall be deemed to have been validly done or taken 
under this Act. 
West Ben. 
Ord. XVII of 
1977: 
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