LexThe Dakshin Dinajpur University Act, 2018
West Bengal · state statute
Open in Lexace · Ask the AI about this actRegistered No. WB/SC-247
No. WB(Part-III)/2018/SAR-26
11(11Ikea
Extraordinary
Published by Authority
ASVINA 9]
MONDAY, OCTOBER 1, 2018 [SAKA 1940
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative
NOTIFICATION
No. 1873-L.-1st October, 2018.—The following Act of the West Bengal Legislature, having been assented to by
the Governor, is hereby published for general information:—
West Bengal Act XIX of 2018
THE DAKSHIN DINAJPUR UNIVERSITY
ACT, 2018.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette,
Extraordinary, of the 1st October, 2018.]
An Act to provide for constitution and incorporation of the Dakshin Dinajpur
University in the district of Dakshin Dinajpur, West Bengal and for certain matters
connected therewith and incidental thereto.
WHEREAS it is expedient to constitute and incorporate a State-aided affiliating
University by the name of the Dakshin Dinajpur University in the district of Dakshin
Dinajpur, West Bengal and to enable the University to function efficiently as a teaching,
training and research centre in various branches of learning and courses of study,
including Humanities, Social and Basic Sciences, management studies and promoting
advancement and dissemination of knowledge and learning, and extending higher
education, to meet the requirements of higher education and research in the subjects
and to serve the society and the nation;
It is hereby enacted in the Sixty-ninth Year of the Republic of India, by the
Legislature of West Bengal, as follows:—
2 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III
The Dakshin Dinajpur University Act, 2018.
(Chapter I.—Preliminary.—Sections 1, 2.)
CHAPTER I
Preliminary
I. (1) This Act may be called the Dakshin Dinajpur University Act, 2018.
(2) This section, section 62, section 63, section 64, section 65 and section 66 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,—
(1) "appointed day" means the date referred to in sub-section (5) of
section 63;
(2) "affiliated" in relation to a college or an institution means affiliated to the
University under this Act, in which instruction is provided, under prescribed
conditions, for General courses of study, Professional courses of study,
Vocational courses of study, etc. at the undergraduate as well as at the
Post-graduate levels of study;
(3) "autonomous college" means a college affiliated to the University and
enjoying academic freedom to:—
(a) determine its own courses of study and syllabi;
(b) determine rules of admission subject to the reservation policy of
the State Government; and
(c) evolve methods of conducting examination and evaluation, under
the guidelines and overall supervision of the University;
(4) "convocation" means a meeting of the Court for the purpose of conferring
degrees, titles, diplomas, certificates or other academic distinctions;
(5) "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;
(6) "distance education" means instruction imparted through correspondence
or distance mode as recognized by the appropriate authority;
(7) "employee" in relation to the University means a person employed by the
University as per prescribed norms;
(8) "financial year" means the year ending on the 31st day of March;
(9) "Government college" means a college which is maintained and managed
by the State Government;
(10) "Governor" means the Governor of the State of West Bengal;
(11) "hall" or "hostel" means a unit of residence of students maintained by the
University;
Short title and
commencement.
Definitions.
PART THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 3
The Dakshin Dinajpur University Act, 2018.
(Chapter I.—Preliminary.—Section 2.)
(12) "Librarian" means,—
(a) in relation to the University, a Librarian or any other person holding
a post of Librarian, by whatever name called, appointed as such by
the University, and
(b) in relation to a college affiliated to the University, Librarian or any
other person holding a post of Librarian, by whatever name called,
appointed by such college with prior approval of the State
Government;
(13) "Minister" means the Minister-in-Charge of the Department of Higher
Education, Science and Technology and Biotechnology and appointed as
such by the Governor;
(14) "non-teaching staff " means,—
(i) in relation to the University, the non-teaching staff appointed as
such by the University not holding any teaching post or a person
not holding the post of an officer or a person not holding the post
of Librarian, by whatever name called;
(ii) in relation to an affiliated college, the non-teaching staff, not holding
any teaching post, appointed by such college, but does not include
a Librarian;
(15) "prescribed" means prescribed by rules made under this Act;
(16) "Principal" means the head of a college or of an institution, by whatever
name called;
(17) "private college" means a college which is fully financed, maintained and
managed by private organization;
(18) "professional college" means a college affiliated to the University in which
instruction is provided primarily for courses of study leading to any degree,
diploma or certificate of the University in any professional subject and
which is recognized under this Act as a professional college;
(19) "professional subject" means any of the subjects, namely, law, teachers'
training, engineering, technology, agriculture, library and information
science, mass communication and journalism, management studies or such
other subject as may be provided by Regulations;
(20) "registered graduate" means a graduate registered in the University on
making application in the prescribed form and on payment of such fee
and in such manner as may be provided by the Statutes;
(21) "State Government" means the Government of West Bengal in the Higher
Education, Science and Technology and Biotechnology Department;
(22) "Statutes", "Ordinances", and "Regulations" shall mean respectively, the
Statutes, Ordinances and Regulations made under this Act;
(23) "Students' Council" means,—
(a) in relation to the University, the Students' Council constituted in
the manner prescribed by the State Government; and
(b) in relation to an affiliated college, the Students' Council constituted
in the manner prescribed by the State Government;
4 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III
The Dakshin Dinajpur University Act, 2018.
(Chapter II.—University and its Officers.—Sections 3, 4.)
(24) "teacher of college" means a Professor, an Associate Professor or an
Assistant Professor or a Reader holding a whole time substantive teaching
post and appointed in a permanent vacancy in a college or recognized as
such by the State Government;
(25) "teacher of University" means a Professor, an Associate Professor or an
Assistant Professor or any other person, holding a whole time substantive
teaching post and appointed in a permanent vacancy in the University or
recognized as such by the University with prior approval of the State
Government;
(26) "University" means the Dakshin Dinajpur University as constituted under
this Act;
(27) "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;
(28) "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;
(29) "Vice-Chancellor" means the Vice-Chancellor of the University.
CHAPTER II
University and its Officers
3. (1) There shall be established and incorporated a state-aided affiliating University
by the name of the Dakshin Dinajpur University in the district of Dakshin Dinajpur,
West Bengal.
(2) The Chancellor, the first Vice-Chancellor of the University and the first members
of the University Council, and all persons who may hereafter become the Vice-
Chancellor of the University or the members of the University Council, 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 Dakshin Dinajpur University.
(3) The University shall have perpetual succession and a common seal and shall
have powers to sue and be sued by the name of the Dakshin Dinajpur University.
4. The University shall have the following powers, namely—
(1) to encourage and provide for instruction, teaching, training and research
in such 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 the extension of higher education with special emphasis
on the study of indigenous languages as well as culture and rural
development;
(2) to establish, maintain and manage colleges, libraries, laboratories, museums
and such other institutions or centres for study and research as it may
deem necessary;
to provide for specialization of studies in colleges and for organization by
colleges having common laboratories, libraries, museums and other
institutions or centres for study and research work;
(4) to affiliate colleges or institutions or centres and to withdraw such
affiliation as per provisions of the Act;
The University.
Powers of the
University.
(3)
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 5
The Dakshin Dinajpur University Act, 2018.
(Chapter 11.—University and its Officers.—Section 4.)
(5) to recognize affiliated colleges as professional colleges or autonomous
colleges or private colleges and to withdraw recognition of any such college
under the provisions of the Act;
(6) to provided for affiliated colleges, other than Government colleges—
(a) the powers and functions of their Governing Bodies; and
(b) for the colleges other than the Government colleges and the
Government-aided colleges, with the approval of the State
Government—
(i) the terms and conditions of service and emoluments for posts
of Principals, Teachers and such other employees as it may
deem fit;
(ii) the rules for Provident Funds; and
(iii) the duties and responsibilities of the Principal, Teachers and
any other employee as deem fit and disciplinary actions and
punishment for negligence or violations thereof;
(7) to provide for affiliated colleges the constitution, powers and functions
for Teachers' Councils;
(8) to provide for the inspection, or investigation into the affairs, of colleges
or institutions recognized by it or affiliated to it and to exercise general
supervision and control over them;
(9) to take over for a period of twelve months the management of any college
or institution, affiliated to, or recognized by the University, other than a
Government college or a private college in order to ensure that proper
standards of teaching, training or instruction are maintained therein:
Provided that the University may, if it considers it necessary so to do,
extend such period, however, that the aggregate period shall not extend
eighteen months;
(10) to dissolve, in consultation with the State Government, the Governing
Body of any affiliated private college, professional college, autonomous
college, institution, other than a Government-aided college or a
Government college and pending reconstitution of the Governing Body
thereof in such manner as may be provided and to appoint an Administrator
or an ad hoc Governing Body:
Provided that the reconstitution of the Governing Body shall be made
within a period of twelve months from the date of dissolution:
Provided further that the University may, if it considers it necessary so
to do, extend such period, however, that the aggregate period shall not
exceed eighteen months;
(11) to institute degrees, titles, diplomas, certificates and other academic
distinctions;
(12) to hold examinations and to confer degrees, titles, diplomas, certificates
and other academic distinctions on persons who shall have pursued an
approved course of study in an affiliated college, professional college or
University College or a University Laboratory unless exempted therefrom
in the manner provided by the Regulations and shall have passed the
prescribed examinations of the University, or shall have carried on research
under conditions provided;
6 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III
The Dakshin Dinajpur University Act, 2018.
(Chapter 11.—University and its Officers.—Section 4.)
(13) to withdraw or to cancel degrees, titles, diplomas, certificates or other
academic distinctions under such conditions as may be provided by the
Statutes and after giving the person affected a reasonable opportunity to
present his case;
(14) to confer honorary degrees or other academic distinctions under conditions
provided by the Statutes;
(15) to institute Professorships including Distinguished or Chair Professorships,
Associate Professorships, Assistant Professorships and other teaching posts
required by the University with prior approval of the State Government
and to appoint persons to such Professorships, Associate Professorships,
Assistant Professorships or other teaching posts, or to recognize persons
as Professors, Associate Professors or Assistant Professors of the University,
or as holders of other teaching posts of the University for the purpose of
imparting instruction and for conducting research in the University;
(16) to create posts, as and when required, of officers and employees of the
University besides those provided for in this Act with the prior concurrence
and approval of the State Government;
(17) to provide, subject to the provisions of this Act, the constitution, powers
and duties of the Boards of Studies, the Finance Committee, and other
bodies as may be provided by the Statutes;
(18) to provide by the Statutes the powers and duties of officers of the
University;
(19) to provide by the Statutes, 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 categories of posts of the University;
(20) to make provisions for provident and other funds for the employees of the
University;
(21) to determine fees or other charges for examinations and other purposes,
and to demand and receive the fees or other charges so prescribed;
(22) to establish, maintain and manage halls and hostels and to withdraw such
recognition;
(23) to provide for the promotion of the health and welfare of students and of
discipline among them;
(24) to co-ordinate the activities of, and give financial aid to affiliated or
recognized colleges and institutions;
(25) to extend grant to the National Service Scheme and National Cadet Corps
from the University Fund;
(26) to enter into an agreement with the Government or with any person, body
or authority for 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;
(27) to acquire, hold and dispose of property, movable and immovable and to
make grants and advances for furthering any of its objects;
(28) to accept and administer gifts, endowments and benefactions, for the
furtherance of any of its objects for the University or for 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;
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 7
The Dakshin Dinajpur University Act, 2018.
Teaching in the
University.
University to be
open to all
classes, castes
and creeds.
Jurisdiction of
the University.
(Chapter IL—University and its Officers.—Sections 5-7.)
(29) to accept grants and to raise loans or to accept loans from the Central or
any State Government or the University Grants Commission, and with
the approval of the State Government also from the other sources;
(30) to co-operate with other Universities, institutions and educational authorities
in matters that relate to and further the educational objectives of the
University;
(31) 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;
(32) to impart instruction through distance education with the approval of the
Distance Education Council;
(33) to introduce interdisciplinary or multidisciplinary integrated courses in
selected subjects;
(34) to initiate collaborative teaching and research programme with other
universities and to provide modalities for Credit Transfer and Award of
Joint Degrees if deemed necessary.
5. (1) All recognised teachings in connection with the degrees, diplomas and
certificates of the University shall be conducted by the teachers of the University or of
any affiliated or constituted institution, as the case may be, under the general control
of the Court and the Executive Council.
(2) The courses of study, the curricula and the authorities responsible for organising
such teaching shall be such as may be provided by regulations.
6. The University shall be open to persons of either sex and of whatever race,
creed, caste or class, and it shall not be lawful for the University to adopt or impose on
any person any test whatsoever of religious belief or profession in order to entitle him
to be appointed as a Teacher of the University or to hold any office therein or to be
admitted as a student in the University, or to enjoy or exercise any privilege thereof.
7. (1) Save as hereinafter otherwise provided, the territorial limits of jurisdiction
of the University shall be such as may be determined and notified by the State
Government in the Official Gazette, from time to time.
(2) Notwithstanding anything contained in sub-section (1), any college or institution
situated beyond the limits of jurisdiction of the University, may 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, admit the same to
all the privileges of the University.
(3) Notwithstanding anything contained in any other law for the time being in
force and with effect from such date as the State Government may, by notification in
the Official Gazette, appoint in this behalf under sub-section (1) and sub-section (2)—
(a) such colleges existing on the said date within the limits of the jurisdiction,
shall—
(i) be deemed to be affiliated to the University and continue to be so
affiliated until the otherwise directed; and
(ii) cease to be affiliated from any other University to which they may
have been affiliated before the said date subject to the conditions that
nothing in this Act shall affect the powers exercised by the Maulana
Abul Kalam Azad University of Technology, West Bengal, the West
Bengal University of Teachers' Training, Education Planning and
8 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III
The Dakshin Dinajpur University Act, 2018.
Delegation of
power.
Officers of the
University.
The Chancellor.
The Vice-
Chancellor.
(Chapter IL—University and its Officers.—Sections 8-11.)
Administration, the West Bengal University of Health Sciences, or
such other University as may be notified by the State Government
from time to time;
(iii) any person of any such college or institution holding any post under
the previously affiliated University shall cease to hold such post or
office;
(b) no college or institution situated within the local limits of the jurisdiction
of the University, but not admitted to its privileges, shall be associated
with or be admitted to the privileges of any other University except with
the prior approval of the State Government.
Explanation.—For the purpose of this section, to enable higher education to reach
the unreached, the territorial limit shall not be insisted upon in the matter of Distance
Education Mode of Learning.
8. The University may delegate such of its powers as it may deem expedient to any
of its authorities referred to in section 21 or to any of its officers, and may, at any time,
withdrawn at its discretion any power so delegated.
9. The following shall be the officers of the University:—
(1) the Vice-Chancellor;
(2) the Registrar;
(3) the Deans of Faculty Councils;
(4) the Director of School of Studies;
(5) the Finance Officer;
(6) the Law Officer;
(7) the Controller of Examinations;
(8) Inspector of Colleges;
(9) The University Librarian;
(10) such other persons as may be declared by Statutes to be the officers of the
University.
10. (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 at 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.
11. (1) (a) The Vice-Chancellor shall be a distinguished academician with proven
competence and integrity and having a minimum of ten years experience in a University
system of which at least five years shall be as professor or ten years of experience in a
reputed research or academic administrative organization of which at least five years
shall be in an equivalent position of professor.
PART HI] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 9
The Dakshin Dinajpur University Act, 2018.
(Chapter 11.—University and its Officers.—Section 11.)
(b) The Vice-Chancellor should be appointed by the Chancellor out of a panel of
three names recommended in order of preference by the Search Committee constituted
by the State Government. While preparing the panel, the Search Committee must give
proper weightage to academic excellence, exposure to the higher education system in
the country and abroad and adequate experience in academic and administrative
governance and reflect the same in writing while submitting the panel to the Chancellor.
(c) The Search Committee shall be constituted in the following manner :—
(i) an academician, not below the rank of the Vice-Chancellor of a Central or
State-aided University or the Director of a National institute of higher
learning, to be nominated by the Chancellor in consultation with the
Minister, who shall be the Chairperson of the Committee;
(ii) an academician, not below the rank of a Professor of a Central or State
aided University or National institute of higher learning, to be nominated
by the State Government;
(iii) an academician not below the rank of a Professor of a Central or State
aided University or National institute of higher learning, to be nominated
by the Court:
Provided that the nominees, as mentioned under sub-clause (i), (ii) and (iii) shall
not be the persons associated with the concerned University for which the Search
committee is constituted.
(2) (a) The Vice-Chancellor shall hold office for a period of four years or till he
attains the age of sixty-five years, whichever is earlier, and shall be eligible for re-
appointment for another term of four years or till he attains the age of sixty-five years,
whichever is earlier, following the provisions of sub-section (1).
(b) The Chancellor may, notwithstanding the expiration of the term of the office
of Vice-Chancellor or his attaining the age of sixty-five 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—
(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, removal, 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,
appoint a person to exercise the powers and perform the duties of the Vice-Chancellor.
10
THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III
The Dakshin Dinajpur University Act, 2018.
Powers and
duties of the
Vice-Chancellor.
(Chapter IL—University and its Officers.—Section 12.)
(6) The vacancy in the office of the Vice-Chancellor occurring by reason of death,
resignation or expiry of the term of his office, removal or otherwise 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, and such
period should be held to include any period for which a Vice-Chancellor is allowed to
continue in office under, clause (b) of sub-section (2), or a person is appointed by the
Chancellor in consultation with the Minister to exercise the powers and perform the
duties of the Vice-Chancellor under sub-section (5).
(7) The Vice-Chancellor may be removed from his office by the Chancellor if he
is satisfied that the incumbent—
(a) has become insane and adjudged by a competent court to be of unsound
mind; or
(b) has become an undischarged insolvent and stands so declared by a competent
court; or
(c) has been physically unfit and incapable of discharging function due to
protracted illness or physical disability; or
(d) has willfully omitted or refused to carry out the provisions of this Act or
has committed breach of any of the terms and conditions of the service
contract or has abused or misused the powers vested in him or if the
continuance in the office of the Vice-Chancellor is detrimental to the
interest of the University; or
(e) has been proved to be guilty of criminal breach of trust or criminal
negligence or gross financial irregularity or impropriety or gross negligence
of duty; or
has shown incompetence to perform or has persistently made default in
the performance of the duties imposed on him by or under this Act; or
has been convicted by a Court for any offence within the concept and
meaning of the Code of Criminal Procedure, 1973; or
(h) is a member of, or otherwise associated with, any political party or acts in
any partisan manner while in office:
Provided that the Vice-Chancellor shall be given a reasonable opportunity to show
cause by the Chancellor before taking recourse for his removal under clauses (d), (e),
(f), (g) and (h).
Explanation.—For the purpose of this sub-clause, whether any party is a political
party or any association is a political association or any act of the Vice-Chancellor is
partisan, the decision of the Chancellor thereon shall be final.
12. (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 Academic 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. 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 of any
other authority or body of the University.
(f)
(g)
2 of 1974.
PART THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 11
The Dakshin Dinajpur University Act, 2018.
(Chapter 11.—University and its Officers.—Sections 13-15.)
(3) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this
Act, and the Statutes, the Ordinances and the Regulations, 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 provided 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 to 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 appfoval of the Executive Council, delegate
any of his powers (other than the power referred to in sub-section (6)) to any other
officer subordinate to him.
The Registrar.
Powers and
duties of the
Registrar.
Finance Officer.
13. (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, and on such terms and
conditions, as prescribed by, or under, this Act.
(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.
14. Subject to the supervision, direction and general control of the Vice-Chancellor,
the Registrar shall act as the Secretary to the Court and the Executive Council and shall
exercise such powers and perform such duties as may be provided by the Statutes, or
delegated to him by or under this Act.
15. (1) The Finance Officer shall be a whole-time officer of the University. He
shall be appointed by the Executive Council on the recommendation of a committee
consisting of the Vice-Chancellor as the Chairman, a nominee of the Chancellor, two
nominees of the Executive Council and a nominee of the State Government for such
period and on such terms and conditions as may be prescribed by or under this Act.
(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, with the approval of
the Executive Council, may appoint a person temporarily for a period not exceeding
six months to exercise the powers and perform the duties of the Finance Officer.
12 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III
The Dakshin Dinajpur University Act, 2018.
Powers and
duties of the
Finance Officer.
The Law Officer.
The Controller
of Examinations.
(Chapter 11.—University and its Officers.—Sections 16-20.)
16. (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 for augmenting the resources of the University.
(2) The Finance Officer shall exercise such other powers and perform such other
duties as may be provided or delegated to him by or under the provisions of this Act,
the Statutes, the Ordinances or the Regulations, as the case may be.
17. (1) There shall be a Law Officer in the University.
(2) The Law Officer shall assist the University in all legal issues and shall represent
the University in all legal proceedings before the Court of Law.
(3) The Law Officer shall have such powers and functions as may be provided by
the Statues.
18. (1) The Controller of Examinations shall be a whole-time officer of the
University. He shall be appointed by the Executive Council on the recommendation of
a committee consisting of the Vice-Chancellor as the Chairman, a nominee of the
Chancellor, two nominees of the Executive Council and a nominee of the State
Government for such period and on such terms and conditions as may be prescribed by
or under this Act.
(2) The Controller of Examinations may resign his office by writing under his
hand addressed to the Vice-Chancellor.
(3) If the Controller of Examinations is for any reason temporarily unable to
exercise the powers and perform the duties of his office, the Vice-Chancellor, with the
approval of the Executive Council, may appoint a person temporarily for a period not
exceeding six months to exercise the powers and perform the duties of the Controller
of Examinations.
Powers and
duties of the
Controller of
Examinations.
Supervisory
powers of the
Registrar, the
Finance Officer,
the Law Officer
and the
Controller of
Examinations.
19. (1) Subject to the supervision, direction and general control of the Vice-
Chancellor, the Controller of Examinations shall be in charge of the conduct of
examinations and tests of the University and declarations of their results.
(2) The Controller of Examinations shall exercise such other powers and perform
such other duties as may be provided or delegated to him by or under the provisions of
this Act, the Statutes, the Ordinances or the Regulations, as the case may be.
20. In their respective spheres of duties, the Registrar, the Finance Officer, the
Law Officer and the Controller of Examinations 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 by the Statutes or Ordinances or the
Regulations, as the case may be.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 13
The Dakshin Dinajpur University Act, 2018.
(Chapter 111.—Authorities of the University..—Sections 21, 22.)
CHAPTER III
Authorities of the University
Authorities. 21. The following shall be the authorities of the University:—
(1) the Court;
(2) the Executive Council;
(3) the Faculty Council(s) for Post-graduate Studies;
(4) the Council(s) for Undergraduate Studies;
(5) the Board of Studies;
(6) the Finance Committee;
(7) such other authorities as may be declared by regulations to be the authorities
of the University.
The Court. 22. (1) The Court shall be the supreme authority of the University.
(2) The Court shall consist of the following members:—
(a) Ex officio members—
(i) the Chancellor;
(ii) the Vice-Chancellor;
(iii) the Secretary, Higher Education, Science and Technology and
Biotechnology Department, Government of West Bengal or his
nominee not below the rank of Joint Secretary to the Government
of West Bengal;
(iv) the Secretary, Finance Department, Government of West Bengal
or his nominee not below the rank of Joint Secretary to the
Government of West Bengal;
(v) the Chairman, West Bengal State Council of Higher Education or
his nominee;
(vi) the Director of Public Instruction, West Bengal or his representative
not below the rank of Additional Director of Public Instruction;
(vii) the Chairperson of the College Service Commission or a member
of the Commission as his nominee;
(viii) a nominee of the Chairman, University Grants Commission;
(b) Representatives of Departments of the University and affiliating Colleges—
(ix) Heads of Departments of the University;
(x) five seniormost Professors of Departments of University to be
selected by the Vice-Chancellor in alphabetical order of the
Department, of whom not more than one Professor shall be from
the same Department;
(xi) Principals of affiliated Colleges, not more than ten, to be nominated
by the Vice-Chancellor;
(xii) five teachers from the Council of Undergraduate studies, of whom
at least two shall be Associate Professor and others shall not be
below the rank of Assistant Professor, to be elected by the members
of the Council from amongst themselves in the manner as may be
provided by the Statutes;
14 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III
The Dakshin Dinajpur University Act, 2018.
Powers and
duties of the
Court.
(Chapter 111.—Authorities of the University..—Section 23.)
(xiii) one representative of officers of the University, to be elected from
amongst themselves in the manner as may be provided by the
Statutes;
(xiv) two representatives of non-teaching employees of whom—
(a) One from non-teaching employees of the University,
(b) One from non-teaching employees of the affiliated colleges
of the University,
to be elected from amongst themselves in the manner as may be
provided by the Statutes;
(c) Nominated Members:—
(xv) not more than five persons to be nominated by the Chancellor in
consultation with the Minister from amongst the persons interested
in University education:
Provided that no employee of the University or of a College or
institution affiliated with the University or recognized by it shall
be eligible to be a member;
(d) Special Invitee:—
(xvi) any official or expert in any field or eminent educationist, whom
the Vice-Chancellor may require for advice, consultation or
assistance, may be invited to attend the meeting:
Provided that not more than one official or expert or eminent
educationist may be invited in a meeting at a time.
(3) A member of the Court shall hold office for a period of four years, if not
expressly provided otherwise in sub-section (1). Any vacancy among the members of
the Court shall be filled up immediately by the concerned authority.
(4) No act or proceedings of the Court or any Body or authority constituted by the
Court shall be invalid or called in question by reason of the existence of any vacancy,
initial or subsequent, in the Court or in any body constituted by the Court, as the case
may be.
23. (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
duties:—
to establish University Colleges, University Departments, institutions,
libraries, laboratories and museums of study and research;
(ii) to confer, on the recommendation of the State Government and the
University Grants Commission, such special powers as may be provided
by Statutes on any college or institution providing instruction for courses
of study in fine arts or music or conducting higher studies and research:
Provided that the Court may withdraw, with the concurrence of the
State Government and the University Grants Commission, all or any of
the special powers conferred on any such college or institution;
(iii) to create and institute Professorships including Distinguished or Chair
Professorships, Associate Professorships, Assistant Professorships, and such
posts including posts of officers as may be necessary for the establishment
of the University Colleges, University Departments, institutions, libraries,
laboratories and museums referred to in clause (i) with prior approval of
the State Government;
(i)
PART THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 15
The Dakshin Dinajpur University Act, 2018.
(Chapter II1.—Authorities of the University..—Section 23.)
(iv) to institute degrees, titles, diplomas, certificates and other academic
distinctions;
(v) to institute fellowships, travelling fellowships, scholarships, studentships,
stipends, bursaries, exhibitions, medals and prizes to be awarded out of
the University Fund;
(vi) 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 provided, and have passed such examinations
as may be determined by the University, or
(b) have carried on research in accordance with such conditions as may
be provided by the Regulations;
(vii) to withdraw or to cancel degrees, titles, diplomas, certificates or other
academic distinctions under such conditions as may be provided by Statutes
and after giving the person affected a reasonable opportunity to present
his case;
(viii) to confer honorary degrees or other academic distinctions;
(ix) 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 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
to vote in favour of the resolution;
(x) to consider the Annual Report as prepared by the Executive Council and
to pass such resolutions relating thereto as may be considered necessary;
(xi) to consider, and advise on, such other reports from the Executive Council
or any other body as may be made to it;
(xii) to consider, and advise on, proposals from the Executive Council for
entering into agreement with the 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;
(xiii) 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
University;
(xiv) to consider and suggest measures for the improvement of the administration
and finances of the University, and generally for the furtherance of its
objectives;
(xv) to make rules for the transaction of its own business;
(xvi) 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 (i) and (iii) to (viii) 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.
16 THE Excerpt shown. Open the full act in Lexace.