The Bidhan Chandra Krishi Viswa Vidyalaya ( Temporary Supersession ) Act, 2012
West Bengal · state statute
Open in Lexace · Ask the AI about this actRegistered No. WB/SC-247
No. WB(Part-III)/2012/SAR-35
Mir
lecalltata (6tgette
Extraordinary
PublishedbyAuthority
KARTIKA 10] THURSDAY, NOVEMBER 1, 2012 [SAKA 1934
PART IIIβAct ofthe West Bengal Legislature.
GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative
NOTIFICATION
No. 1637-Eβlst November, 2012.βThe following Act of the West Bengal Legislature, having been assented to by
. the Governor, is hereby published for general information:β
West Bengal Act XXIV of 2012
THE BIDHAN CHANDRA !OMNI VISWA VIDYALAYA
(TEMPORARY SUPERSESSION) ACT, 2012.
[Passed by the West Bengal Legislature]
[Assent of the Governor was first published in the Kolkata Gazette,
Extraordinary, of the 1st November, 2012.]
An Act to provide for the temporary supersession of the Bidhan Chandra Krishi
Viswa Vidyalaya.
WHEREAS it is expedient to provide for the temporary supersession of the
Bidhan Chandra Krishi Viswa Vidyalaya for the purposes and in the manner hereinafter
appearing;
It is hereby enacted in the Sixty-third Year of the Republic of India, by the
Legislature of West Bengal, as follows:β
Short title and 1. (1) This Act may be called the Bidhan Chandra Krishi Viswa Vidyalaya commencement.
(Temporary Supersession) Act, 2012.
2 THE KOLKATA GAZE! 1E, EXTRAORDINARY, NOVEMBER 1, 2012 [PART III
Definitions.
Supersession of
University.
Effect of
supersession.
Members of
Council.
Powers and
functions of
Council and
delegation of
such powers by
Council.
The Bidhan Chandra Krishi Viswa Vidyalaya
(Temporary Supersession) Act, 2012.
(Sections 2-6.)
(2) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
2. (1) In this Act, unless the context otherwise requires,β
(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) "Minister" means the Minister-in-charge, Department of Agriculture,
Government of West Bengal;
(d) "the University" means the Bidhan Chandra Krishi Viswa Vidyalaya
constituted under section 3 of the Act.
(2) Words and expressions used and not defined in this Act but defined in the
Act, shall have the same meanings as respectively assigned to them in the Act.
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 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 which shall not exceed
a period of six months at a time and the aggregate period of supersession shall not,
however, exceed two years in all.
4. With effect from the date of coming into force of this Act,β
(a) all the members of the University, excepting the Chancellor and those
referred to in clauses (c) to (j), (n) and (p) 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 in section 5.
5. The Council shall be comprised of the Chancellor, the Vice-Chancellor
appointed under section 9 of this Act, Pro-Vice-Chancellor, if any, and members
referred to in clauses (c) to (j), (n) and (p) 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 from amongst the Deans of faculties and teachers of the University
including one of the Principals or Head of the Institutions established, managed,
maintained or affiliated, to the University.
6. The Council so constituted under section 5, 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 or functions to such body or bodies as may be constituted with selected
West Ben. Act
XLIX of 1974.
PART III]
THE KOLKATA GAZE! 1b., EXTRAORDINARY, NOVEMBER 1, 2012 3
The Bidhan Chandra Krishi Viswa Vidyalaya
(Temporary Supersession) Act, 2012.
(Sections 7-12.)
Meetings of
Council and of
any body or
bodies
constituted by
Council.
Act, Statutes and
Regulations to
stand modified.
Appointment of
Vice-Chancellor.
University to
continue as a
body corporate.
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 nominated
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.
7. Twenty-five per centum of the members of the Council shall form the quorum
for a meeting of the Council and twenty-five per centum of the members of the body
or bodies to which functions may be delegated under section 6, shall form the quorum
for a meeting of such body or bodies constituted by the Council:
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 absence of both of them, the members present shall, by a majority vote, elect the
President for the meeting.
8. All the provisions in the Act, Statutes or Regulations shall, if in conflict with
the provisions of this Act, stand modified:
Provided that nothing in this section shall affect the powers of the Chancellor
under the Act, Statutes or Regulations.
9. As soon as may be after the coming into force of this Act, the Chancellor
shall, in consultation with the 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 applied in relation
to a Vice-Chancellor appointed under this section.
10. Vacancies by resignation, death or otherwise amongst members nominated
shall be filled up by the Chancellor in the manner provided in section 5 of this Act
11. 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.
12. 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.
Filling up of
Vacancies.
Power to remove
difficulties.
By order of the Governor,
MALAY MARUT BANERJEE,
Secy. to the Govt of West Bengal,
Law Department.
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd.
(Government of West Bengal Enterprise), Kolkata 700 056.
Lex