The Burdwan University Act, 1981
West Bengal · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT West Bengal Act XXIII of 1981 THE BURDWAN UNIVERSITY ACT, 1981. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 10th August, 1981.] [10th August, 1981.] An Act to provide for the reconstitution of the University of Burdwan and for certain matters connected therewith or incidental thereto. WHEREAS it is expedient to reconstitute the University of Burdwan to enable it to function more efficiently as a University encouraging and providing for instruction, teaching, training and research in various branches of learning and courses of study, promoting advancement and dissemination of knowledge and learning, and extending higher education to meet the growing needs of society and to make the constitution of various authorities or bodies of the University more democratic; It is hereby enacted in the Thirty-second 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 Burdwan University Act, 1981. (2) This section and section 52 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. Short title and commence- ment. 2. In this Act, unless there is anything repugnant in the subject or Definitions. context,— (1) "affiliated" in relation to a college or an institution means affiliated to the University of Burdwan as constituted prior to the appointed day and continue as such immediately before such day or affiliated to the University under this Act; 155 The Burdwan University Act, 1981. [West Ben. Act (Chapter 1.—Prelitninary.—Section 2.) (2) "appointed day" means the date referred to in'wblection (5) of section 57; (3) "constituent college" means an affiliated college in which instruction is provided, under prescribed conditions, for honours as well as for post-graduate courses of study, and which is declared as such by the University: Provided that, if in any professional subject no honours courses of study have been prescribed, a professional college may be a constituent college although no instruction is provided in that college for honours courses of study in that subject; (4) "convocation" means a meeting of the Court for the purpose of conferring degrees, titles, diplomas, certificates or other academic distinctions; (5) "district" means any of the districts of Bankura, Birbhum, Burdwan, Hooglily and Purulia qr any district which may be created-hrfuture out of any part or parts of one or more of the—abovementioned districts; (6) "employee" in relation to the University means any person employed by the University; (7) "financial year" means the year ending on the 31st day of March; (8) "Government College" means a college maintained and managed by the State Government; (9) "Governor" means the Governor of the State of West Bengal; (10) "Hall" or "Hostel" means a unit of residence for students, Teachers, officers or non-teaching staff recognised by the University; (11) "Librarian" means,— (a) in relation to the University, a Librarian or any other person holding a post of Librarian, by whatever name called, appointed or recognised as such by the University, and (b) in relation to a college affiliated to the University, a Librarian, or any other person holding a post of Librarian, by whatever name called, appointed or recognised by the University or appointed by such college; (12) "Minister" means the Minister-in-charge of Higher Education appointed as such by the Governor; 156 The Burdwan University Act, 1981. XXIII of 1981.] (Chapter I.—Preliminary.—Section 2.) (13) "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 recognized 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 an officer or a Librarian; (14) "prescribed" means prescribed by the Statutes, Ordinances, Regulations or Rules made under this Act; (15) "Principal" means the head of a college or of an institution, by whatever name called; (16) "professional college" means a University college or an affiliated college in which instruction is provided primarily for courses 6f study leading t6 any degree, diploma or certificate of the University in any professional subject and which is recognised under this Act as a professional college; (17) "professional subject" means any of the following subjects, namely, Law, Medicine, Engineering, Teachers' Training, Physical Education, Agriculture, Technology, Journalism, Management Studies or such other subjects as may be prescribed by Regulations; (18) "registered graduate" means a graduate registered under this Act, at least three months prior to the date of election of members to the Court, on application in the prescribed form and on payment of a fee of one rupee: Provided that no person shall be eligible to be registered under this Act unless he has graduated himself from the University at least three years prior to the date of election of members to the Court; (19) "Statutes", "Ordinances", "Regulations" and "Rules" mean, respectively, the Statutes, Ordinances, Regulations and Rules of the University made under this Act; (20) "Students' Union" means— (i) in relation to the University, the Students' Union constituted in the manner prescribed, (ii) in relation to an affiliated college, the Students' Union constituted in the manner prescribed; 157 The Burdwan University Act, 1981. [West Ben. Act (Chapter 11.—The University and its officers.—Sections 3, 4.) (21) "Teacher means a Principal, Professor, Assistant Professor, Reader, Lecturer, Demonstrator, Tutor, Instructor or any other person appointed or recognised as such by the University, either whole-time or part-time, for the purpose of imparting instruction or conducting research in the University or appointed by an affiliated college orinstitution; (22) "Teacher of the University" means a Professor, Reader, Lecturer or any other person appointed or recognised as such by the University, either whole-time or part-time, for the purpose of imparting instruction or conducting research in the University; (23) "University" means the University of Burdwan as constituted under this Act; (24) "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; (25) "University Professor", "University Reader" or "University Lecturer" means a 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 and the first Vice-Chancellor of the University and the first members of the Court and the Executive Council and all persons who may hereafter become the Chancellor of 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 University of Burdwan. (2) The University shall have perpetual succession and a common seal and shall sue and be sued by the name of the University of Burdwan. 4. The University shall have the following powers, namely: (1) to provide for instruction and training in such branches of learning as it may think fit and to make provisions for research and for the advancement and dissemination of knowledge; (2) to establish, maintain and manage colleges, libraries, museums and such other institutions or centres as it may consider fit; 158 The Burdwan University Act, 1981. XXIII of 1981.] (Chapter 11.—The University and its Officers.— Section 4.) (3) to recognise any college as a constituent college or a professional college and to withdraw such recognition; (4) to affiliate to itself or to recognise colleges or institutions or centres; (5) to prescribe for colleges other than Government Colleges,— (a) the constitution, powers and functions of their Governing Bodies; and (b) the terms and conditions of service of— (i) Librarians, and (ii) non-teaching staff; (6) to prescribe for colleges the rules for Teachers' Councils; (7) to provide for the inspection or investigation into the affairs of colleges or institutions or centres recognised by it or affiliated to it and to exercise general supervision and control over them; (8) to take over for a period not exceeding twelve months the management of any affiliated, constutient or professional college, institution or centre other than a Government College, institution or centre in order to ensure that proper standard of teaching, training or instruction is maintained therein; Provided that the University may, if it considers it necessary so to do, extend such period so, however, that the aggregate period shall not exceed eighteen months; (9) to dissolve the Governing Body of any affiliated, constituent or professional college or institution or centre other than a Government College and pending reconstitution of the Governing Body thereof in such manner as may be prescribed to appoint an Administrator or an ad hoc Governing Body; Provided that reconstitution of the Governing Body shall be made within a period of twelve months from the date of its dissolution: Provided further that the University may, if it considers necessary so to do, extend such period so, however, that the aggregate period shall not exceed eighteen months; (10) to institute degrees, titles, diplomas, certificates and other academic distinctions; 159 The Burdwan University Act, 1981. [West Ben. Act (Chapter 11.—The University and its Officers.— Section 4.) (11) to hold examinations and to confer degrees, titles, diplomas, certificates and other academic distinctions to persons who— (a) shall have pursued an approved course of study in the University or in an affiliated, constituent or professional college or University Library unless exempted therefrom in the manner prescribed and shall have passed prescribed examinations of the University, or (b) shall have carried on research under conditions prescribed; (12) to withdraw or cancel degrees, titles, diplomas, certificates or other academic distinctions under such conditions as may be prescribed by Statutes and after giving the person affected reasonable opportunity to present his case; (13) to confer honorary degrees or other academic distinctions under conditions prescribed; (14) to institute and make appointment to Professorship, Readership, Lectureship and other posts required by the University for the purpose of imparting instruction or conducting research in the University; (15) to create posts as and when required of officers and employees of the University besides those provided for in this Act and to appoint persons to such posts; (16) to institute award, fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes; (17) to prescribe, subject to the provisions of this Act, the constitution, powers and duties of the Boards of Studies, Finance Committee and other bodies; (18) to prescribe the powers and duties of officers of the University; (19) 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 and other employees of the University; (20) to make provisions for provident fund and other funds for the employees of the University; 160 The Burdwan University Act, 1981. XXIII of 1981.] (Chapter 11.—The University and its Officers.— Section 4.) (21) to establish, maintain, manage or recognise Halls, Hostels and other places of residence for the students, Teachers, officers or non-teaching staff of the University, to withdraw such recognition, and to take over the management and maintenance of existing Halls, Hostels or places of residence for students, Teachers, officers or non-teaching staff of the University with the consent of the authorities thereof; (22) to recognize such hostels and other places of residence and withdraw recognition therefrom; (23) to prescribe, demand and receive fees, fines and other charges; (24) to provide for the promotion of the health and welfare of students and of discipline among them; (25) to conduct, co-ordinate, regulate and control the post- graduate research work and teaching in the University, the constituent, professional and affiliated colleges and the institutions recognised by the University; (26) to make grants to the National Cadet Corps and National Social Service from the University Fund; (27) to enter into an agreement with the State Government or, with the approval of the State Government, with any other Government or with any person, body or authority for the taking over by the University of the management of any college or institution, including its assets and liabilities, or for any other purpose not repugnant to the provisions of this Act; (28) to acquire, hold and dispose of property, movable and immovable, and to make grants and advances for furthering any of its objects; (29) to accept and administer gifts, endowments and benefactions, for the furtherance of any of its objects, for the University or on behalf of any college or institution established by, affiliated to, or recognized by, the University, and to institute awards, fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes; 161 The Burdwan University Act, 1981. [West Ben. Act Jurisdiction of the University. Delegation of powers. (Chapter 11.—The University and its Officers.— Sections 5, 6.) (30) to accept grants from the Central or any State Government or the University Grants Commission, and, with the approval of the State Government, also from other sources, to raise loans, or to accept loans from the Central or the State Government or the University Grants Commission and from other sources: Provided that raising of loans and acceptance of loans from other sources shall require the approval of the State Government; (31) to co-operate with other universities, institutions and educational authorities in matters that relate to and further the educational objectives of the University; (32) generally to do all such acts and things as may be necessary or desirable for, or incidental to, the advancement of the objects or purposes of the University. 5. ( I ) Save as otherwise provided in this Act, the powers of the University conferred by or under this Act shall extend to the whole of each of the districts referred to in clause (5) of section 2. (2) Notwithstanding anything contained in sub-section ( I ), the territorial limits of the University shall not include any area which, for the time being, is included within the local limits of jurisdiction of any other University established by law within West Bengal. (3) Nothing in this Act shall affect the powers exercised by the Visva Bharati at Santiniketan in the district of Birbhum under the Visva Bharati Act, 1951. (4) The University shall not exercise any power conferred by or under this Act in respect of any college situated in any area included within the limits of the Serampore subdivision of the district of Hooghly. (5) Notwithstanding anything contained in sub-section (1) any college or institution situated beyond the limits of any district referred to in clause (5), of section 2 may, with the sanction of the State Government, apply to the University for affiliation and the University may, subject to such conditions and restrictions as it may with the approval of the State Government think fit to impose, affiliate to itself such college or institution and admit the same to all the privileges of the University. 6. The University may delegate such of its powers as it may deem expedient to any of the authorities constituted under section 16 or to any of its officers, and may, at any time, withdraw at its discretion any power so delegated. 29 of 1951. 162 The Burdwan University Act, 1981. XXIII of 1981.] (Chapter 11.—The University and its Officers.— Sections 7-9.) 7. The following shall be the-officers of the University:— (i) the Vice-Chancellor, (ii) the Registrar, (iii) the Finance Officer, and (iv) persons holding such other posts as may be declared by Statutes to be posts of officers of the University. 8. (1) The Governor shall, by virtue of his office, be the Chancellor The of the University. He shall be the Head of the University and the President Chancellor. 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 proposals to confer any honorary degree shall be subject to confirmation by the Chancellor. 9. (1) The Vice-Chancellor shall be appointed by the Chancellor on The Vice- the unanimous recommendation of the Court. If the Court fails to make Chancellor. any such recommendation, the Vice-Chancellor shall be appointed by the Chancellor in consultation with the Minister from a panel of three persons to be elected by the Court in accordance with the system of proportional representation by means of the single transferable vote. (2) (a) The Vice-Chancellor shall hold office for a term of four years or till he attains the age of 65 years, whichever is earlier, and shall be eligible for re-appointment for only another term of four years or till he attains the age of 65 years, whichever is earlier. (b) The Chancellor may, notwithstanding the expiration of the term of the office of the 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. Officers of the University. 163 The Burdwan University Act, 1981. [West Ben. Act (Chapter IL—The University and its Officers.— Section 10.) (5) If— (a) 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, or (b) a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation or expiry of the term of his office or otherwise, then, during the period of such temporary inability or pending the appointment of a Vice-Chancellor, as the case may be, the Chancellor in consultation with the Minister may appoint person to exercise the powers and perform the duties of the Vice-Chancellor. (6) The vacancy in the office of the Vice-Chancellor occurring by reason of death, resignation or expiry of the term of his office or other- wise 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 the vacancy. Powers and duties of the Vice- Chancellor. 10. (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 Studies and also the Chairman of any other authority or body of the University of which he may be a member. He shall also be entitled to be present at and to address any meeting of any other authority or body of the University of which he may not 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, the Faculty Councils for Post-Graduate Studies and Council for 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. 164 The Burdwan University Act, 1981. XXIII of 1981.] (Chapter 11.—The University and its Officers.— Sections 11-13.) (5) The Vice-Chancellor shall exercise such other powers and dis- charge 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 and Regulations. (6) The Vice-Chancellor may take on behalf of the University such action as 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. (7) The Vice-Chancellor may, with the approval of Executive Council, at any time delegate any of his powers other than the powers referred to in sub-section (6) to any other officer subordinate to him. 11. (1) The Registrar shall be a wholetime officer of the University. He 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, with the approval of the Executive Council, may appoint a Teacher of the University or an officer of the University temporarily for a total period not exceeding six months to exercise the powers and perform the duties of the Registrar. 12. 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 the provisions of this Act, the Statutes, the Ordinances or the Regulations, as the case may be. The Registrar. Powers and duties of the Registrar. 13. (1) The Finance Officer shall be a wholetime officer of the The Finance University. He shall be appointed by the Executive Council on the Officer. 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. 165 Powers and duties of the Finance Officer. Supervisory powers of the Registrar and the Finance Officer. The Burdwan University Act, 1981. [West Ben. Act (Chapter 11.—The University and its Officers.—Sections 14, 15.— Chapter 111.—Authorities of the University.—Section 16.) (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 or perform the duties of his office, the Vice-Chancellor, with the approval of the Executive Council, may appoint a person temporarily for a total period not exceeding six months to exercise the powers and perform the duties of the Finance Officer. 14. (1) Subject to the supervision, direction and general control of the Vice-Chancellor, the Finance Officer shall be in charge of the administration of the funds. the finances and the properties and assets of the University and of all trusts and endowments; and he shall take special interest in activities that aim at raising funds for the purposes of the University and augmenting resources of the University. (2) The Finance Officer shall exercise such other powers and perform such other duties as may be prescribed or delegated to him by or under the provisions of this Act, the Statutes, the Ordinances or the Regulations, as the case may be. 15. In their respective spheres of duties, the Registratand the Finance Officer shall, subject to the provisions of this Act, have the power of supervision and control over all officers and employees serving in departments under their charge and shall exercise such disciplinary power as may be conferred on them by or under this Act or the Statutes and Ordinances made thereunder. CHAPTER III Authorities of the University. Authorities. 16. The following shall be the authorities of the University:— (1) the Court; (2) the Executive Council; (3) the Faculty Councils for Post-Graduate Studies; (4) the Councils for Undergraduate Studies; (5) the Boards of Studies; (6) the Finance Committee; and (7) such other authorities as may be established under the Statutes. 166 The Burdwan University Act, 1981. XXIII of 1981.] (Chapter 111.—Authorities of the University.— Section 17.) 17. (1) The Court shall consist of the following members,— The Court. (a) ex officio members— (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the immediately preceding Vice-Chancellor; (iv) the Deans of the Faculty Councils for Post-Graduate Studies; (v) the Secretary, Education Department, Government of West Bengal; (vi) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Deputy Secretary to the Government of West Bengal; (vii) the President, West Bengal Council of Higher Secondary Education; (viii) the President, West Bengal Board of Secondary Education; (ix) the Principal, Burdwan Medical College; (x) the Principal, Regional Engineering College, Durgapur; (b) elected members— (xi) four Professors of the University Departments elected by such Professors of whom at least one shall belong to any Department under each Faculty Council; (xii) eleven Teachers of the University Departments other than Professors elected by such Teachers from amongst themselves of whom at least three shall belong to the Departments under each Faculty Council; (xiii) ten teachers other than principals of whom at least one shall be a woman elected by the teachers of affiliated colleges (other than teachers' training, engineering and medical colleges) from amongst themselves; (xiv) one teacher elected by the teachers of the Teachers' Training Colleges and other affiliated professional colleges (other than engineering and medical colleges) from amongst themselves; (xv) two teachers of whom not more than one shall be a professor elected by the teachers of the engineering colleges from amongst themselves; 167 The Burdwan University Act, 1981. [West Ben. Act (Chapter 111.—Authorities of the University.— Section 17.) (xvi) two teachers of whom not more than one shall be a professor elected by the teachers of the medical colleges from amongst themselves; (xvii) three principals of affiliated colleges (other than medical and engineering colleges) of whom one shall be a principal of a Teachers' Training College elected by the principals of such affiliated colleges; (xviii) three persons elected by the registered graduates from amongst themselves; (xix) three members of the West Bengal Legislative Assembly representing the territorial jurisdiction of the University elected by the members of the West Bengal Legislative Assembly; (xx) three regular Post-Graduate students of the University of whom one shall be a lady student, elected by such students of the University from amongst themselves. Explanation]: —"RegularPost-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 Studies and who is not in default of payment of the prescribed tution fees and other dues of the University till such date as may be notified by the University for the purpose. Explanation 11.—Notwithstanding 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 such time he ceases to be a regular Post-Graduate student of the University, whichever is earlier; (xxi) two regular students prosecuting their studies in undergraduate or Post-Graduate Degree classes of affiliated colleges, elected by such undergraduate or post-graduate students from amongst them- selves. Explanation 1.—"Regular student" shall mean a student who has been prosecuting his studies in any stream in an undergraduate or Post-Graduate Degree classes of an affiliated college and who is not in default payment of prescribed tuition fees and other dues of such college till such date as may be notified by the State Government in this behalf; 168 The Burdwan University Act, 1981. XXIII of 1981.] (Chapter 111—Authorities of the University.— Section 17.) Explanation 11.—Notwithstanding 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, whichever is earlier; (xxii) one Research Scholar or Research Fellow of the University elected by such Research Scholars and Research Fellows in the manner prescribed. Explanation 1.—"Research Scholar or Research Fellow of the University" shall mean a whole-time Research Scholar or Research Fellow of the University who receives a stipend from the University. Explanation 11.—Notwithstanding anything contained elsewhere in this Act, a Research Scholar or a Research Fellow of the University elected under this clause shall cease to hold office on the expiration of the term of Research Scholarship or Research Fellowship, as the case may be; (xxiii) one member to be elected by the librarians of the University and of the colleges affiliated to the University from amongst themselves; (xxiv) three members elected by the members of the non- teaching staff of the University from amongst themselves; (xxv) two members elected by the members of the non- teaching staff of the colleges affiliated to the University from amongst themselves; (xxvi) one member elected by the officers of the University from amongst themselves; (c) nominated members— (xxvii) four persons to be nominated by the State Government of whom:— (a) one shall be a member of a registered trade union within the territorial jurisdiction of the University, (b) one shall be a member of a peasants' association within the territorial jurisdiction of the University, (c) one shall be a member of a primary school teachers' association within the territorial jurisdiction of the University, and (d) one shall be a member of a secondary school teachers' association within the territorial jurisdiction of the University; 169 The Burdwan University Act, 1981. [West Ben. Act (Chapter 111.—Authorities of the University.— Section 18.) (xxviii) one person nominated by the Government of India in the Ministry of Steel, Mines and Fuel; (xxix) three persons having special interest in University or technological education nominated by the Chancellor, (xxx) the Principal, Hooghly Mohsin College and the Principal, Durgapur Government College, by rotation. (2) All elections to the Court shall be held in the manner prescribed by Statutes. Powers and functions of the Court. 18. (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 establish University Departments, institutions, centres, libraries, laboratories and museums for study and research; (ii) to create and institute, with the approval of the State Government, Professorships, Readerships, Lectureships, and such posts including posts of officers as may be necessary for the establishment of the University Departments, institutions, centres, libraries, laboratories and museums referred to in clause (i); (iii) to institute degrees, titles, diplomas, certificates and other academic distinctions; (iv) to institute fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes to be awarded out of the University Fund; (v) 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; (vi) 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; (vii) to confer honorary degrees or other academic distinctions; (viii) 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: 170 The Burdwan University Act, 1981. XXIII of 1981.] (Chapter 111.—Authorities of the University.— Section 18.) Provided that for the purpose of passing a resolution 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 of vote in favour of the resolution; (ix) to consider the Annual Report as prepared by the Executive Council and to pass such resolutions relating thereto as may be considered necessary; (x) to consider and advise on such other reports from the Executive Council or any other body as may be made to it; (xi) to consider, and advise on, proposals from the Executive Council for entering into agreement with the Government or with any person, body or authority, with the approval of the State Government for the taking over by the University of the management of any college or institution, including its assets and liabilities,- or for any other purpose not repugnant to the provisions of this Act; ( xii) to consider, and advise on,. proposals from the Executive Council for co-operation with other universities, institutions and educational authorities in matters that relate to or further the educational objectives of the universities; (xiii) to consider and suggest measures for the improvement of the administration and finances of the University and generally for the furtherance of its objectives; (xiv) to make rules for the transaction of its own business; (xv) 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 functions referred to in clauses (i) to (vii) of sub-section (1) except on the re- commendation of the Executive Council, but may send proposals in respect thereof to the Executive Council for its re6ommendation. (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 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 powers conferred on it by or under this Act, the question shall be decided by reference to the Chancellor whose -decision shall be final. 171 The Burdwan University Act, 1981. [West Ben. Act (Chapter III—Authorities of the University.— Sections 19, 20.) Meeting of the Court. The Executive Council. 19. (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 plus one shall be a quorum for a meeting of the Court: Provided that such quorum shall not be required at a convocation of the Court. (3) The Vice-Chancellor may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than one-third of the 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. 20. ( I ) The Executive Council shall consist of the following members:— ex officio members (i) the Vice-Chancellor; (ii) the Deans of the Faculty Councils; (iii) the Secretary, Education Department, Government of West Bengal; (iv) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Deputy Secretary to the Government of West Bengal; (v) the President, West Bengal Council of Higher Secondary Education; (vi) the Principal, Regional Engineering College, Durgapur; (vii) the Principal, Burdwan Medical College; Elected members (viii) (a) one Professor of the University elected by such Professors of the University as are members of the Faculty Councils for Post-Graduate Studies from amongst themselves; (b) two Readers or Lecturers of the University elected by such Readers and Lecturers of the University as are members of the Faculty Councils for Post-Graduate Studies from amongst themselves; (ix) (a) one Professor of the University elected by such Professors of the University as are members of the Court from amongst themselves; (b) two Readers or Lecturers of the University elected by such Readers and Lecturers of the University as are members of the Court from amongst themselves; 172 The Burdwan University Act, 1981. XXIII of 1981.] (Chapter 111.—Authorities of the University.— Section 21.) (x) one Teacher of undergraduate colleges elected by such Teachers of undergraduate colleges as are members of the Court from amongst themselves; (xi) one person other than teachers, students, non-teaching staff and officers elected by the members of the Court from amongst themselves; (xii) (a) one non-teaching staff of the University elected by such non-teaching staff of the University as are members of the Court from amongst themselves, (b) one student elected by such students as are members of the Court from amongst themselves, (c) one member of the West Bengal Legislative Assembly elected by such members of the West Bengal Legislative Assembly as are members of the Court from amongst themselves; (xiii) six persons elected by the Teacher members of the Councils for Undergraduate Studies of whom— (a) four being Teachers other than Principals from the Undergraduate Council of Arts, Science, Commerce, Law, Fine Arts and Music, (b) one being a Teacher other than Principal from the Under- graduate Council of Engineering and Technology, and (c) one being a Teacher other than Principal from the Under- graduate Council of Medicine; (xi v) one Principal elected by the members of the Undergraduate Council of Arts, Science, Commerce, Law, Fine Arts and Music from amongst the Principals of such Colleges; Nominated members (xv) one person nominated by the Chancellor; (xvi) the Principal, Hooghly Mohsin College and the Principal, Durgapur Government College, by rotation. (2) All elections to the Executive Council shall be held in the manner prescribed by Statutes. (3) One-third of the total number of members of the Executive Council plus one shall be a quorum for a meeting of the Executive Council. 21. Subject to the provisions of this Act, the Executive Council shall Power and functions exercise the following powers and perform the following functions:— of the (i) to initiate proposals for the making of Statutes and Executive Ordinance including proposals for amendment or repeal Council. thereof, in the manner hereinafter provided; 173 The Burdwan University Act, 1981. [West Ben. Act (Chapter 111—Authorities of the University.— Section 21.) (ii) to recommend to the Court after consulting the respective Faculty Councils for Post-Graduate Studies, the establi;hment of University Departments, institutions, centres, libraries, laboratories and museums for study and research; (iii) to maintain University Departments, University Institutions, University Libraries, University Laboratories and University Museums; (iv) to establish, maintain, manage and recognize Halls and Hostels; (v) to direct the inspection of University Libraries, University Laboratories, University Museums and Halls and Hostels; (vi) to recommend to the Court after consulting the respective Faculty Councils for Post-Graduate Studies, the institution of fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes, the expenses of which shall be met from the University Fund, and to award the same after institution thereof by the Court; (vii) to recommend to the Court, after consulting the respective Faculty Councils for Post-Graduate Studies, the creation and institution of Professorships, Readerships, Lectureships and such posts as may be necessary for the establishment of the University Departments institutions, centres, libraries, laboratories and museums referred to in clause (i) of sub-section (1) of section 18; (viii) to create, with the approval of the State Government, posts of officers, Teachers and other employees of the University or to recommend to the Court for creation of posts of officers and Teachers of the University; (ix) to prescribe the minimum qualifications for posts of officers, Teachers and other employees of the University; (x) 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 and to suspend, discharge or otherwise punish in accordance with the Statutes and the Ordinances such Teachers, officers and employees; 174 The Burdwan University Act, 1981. XXIII of 1981.] (Chapter 111—Authorities of the University.— Section 21.) (xi) to pass appropriate orders on the basis of the recommendation of the respective Faculty Council for undergraduate studies regarding affiliation of a college or an institution in one or more subjects or withdrawal of affiliation or recognition of a college or an institution or temporary take over of the management of an affiliated or a recognised college or institution; (xii) to make draft of Statutes on the recommendation of the respective Council for undergraduate studies, for colleges, other than Government Colleges the constitution, powers and functions of their Governing Bodies; ( xi ii) to determine, with the approval of the State Government, the terms and conditions of service of Librarians and non-teaching staff; (xiv) to make rules for Teachers' Council for colleges and,
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