LexThe Gour Banga University Act, 2007
West Bengal · state statute
Open in Lexace · Ask the AI about this actRegistered No. WB/SC-247 No. WB(Part-III)/2008/SAR-1 (Oda wtte 4m4:4 viQ Extraordinary Published by Authority MAGHA 30] TUESDAY, FEBRUARY 19, 2008 [SAKA 1929 PART III—Acts of the West Bengal Legislature. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 251-L.-18th February, 2008.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XXVI of 2007 THE GOUR BANGA UNIVERSITY ACT, 2007. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Kolkata Gazette, . Extraordinary, of the 19th February, 2008.] An Act to provide for the constitution of the University of Gour Banga and for certain matters incidental thereto and connected therewith. WHEREAS it is expedient to constitute the University of Gour Banga to enable it to function efficiently as a University encouraging and providing for instruction, teaching, training and research in various branches of learning and course 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 Fifty-eighth Year of the Republic of India, by the Legislature of the West Bengal, as follows: Okr, r'21,41111*-41111.K, 2 THE KOLKATA GAZE I 1 b, EXTRAORDINARY, FEBRUARY 19, 2008 [PART III The Gour Banga University Act, 2007. (Chapter 1.—Preliminary.—Sections 1, 2.) CHAPTER I Preliminary Short title and corn- 1. (1) This Act may be called the Gour Banga University Act, 2007. mencement. _ (2) This section and section 57 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. Definitions. 2. In this Act, unless there is anything repugnant in the subject or context,— (1) "affiliated" in relation to a college or an institution means affiliated to the University of Gour Banga as constituted prior to the appointed day and continuing as such immediately before such day or affiliated to the University under this Act; (2) "appointed day" means the date referred to in sub-section (5) of section 57; (3) "autonomous college" means a college affiliated to the University and enjoying academic freedom to : (a) determine and prescribe 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 conduction of examination and evaluation, under the guidelines and overall supervision of the University; (4) "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 colldge for honours courses of study in that subject; (5) "convocation" means a meeting of the Senate for the purpose of conferring degrees, titles, diplomas, certificates or other academic distinctions; (6) "distance education" means instruction imparted through correspondence as recognized by the Distance Education Council, Government of India; (7) "district" means any of the districts of Uttar Dinajpur, Dakshin Dinajpur, Malda or any district which may be created in future out of any part or parts of one or more of the aforementioned districts; (8) "employee" in relation to the University means a person employed by the University; (9) "financial year" means the year ending on the 31st day of March; (10) "Government college" means a college affiliated to the University which is maintained and managed by the Government of West Bengal; (11) "Governor" means the Governor of the State of West Bengal; (12) "hall" or "hostel" means a unit of residence of students maintained by the University; (13) "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 recognized 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 or recognized by the University or appointed by such college; PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, 1-EBRUARY 19, 2008 3 The Gour Banga University Act, 2007. (Section 2.) (14) "Minister" means the Minister-in-charge of Higher Education, Government of West Bengal, appointed as such by the Governor; (15) "non-teaching staff' means,— (a) in relation to the University, the non-teaching staff appointed or recognized 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; (b) in relation to an affiliated college, the non-teaching staff, not holding any teaching post, appointed or recognized by the University or appointed by such college, but does not include a Librarian by whatever name called; (16) "prescribed" means prescribed by statutes or Ordinances or Regulations; (17) "Principal" means the head of a college or of an institution, by whatever name called; (18) "private college" means a college affiliated to the University which is maintained and managed by private sources; (19) "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; (20) "professional subject" means any of the following 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 prescribed by Regulations; (21) "Statutes", "Ordinances", "Regulations" and" Rules" mean, respectively, the Statutes, Ordinances , Regulations and Rules made under this Act; (22) "Students' Union" means,— (a) in relation to the University, the Students' Union constituted in the manner prescribed; and (b) in relation to an affiliated college, the Students' Union constituted in the manner prescribed; (23) "Teacher" means a Professor, Reader, Principal, Lecturer, or any other person, holding a teaching post, appointed or recognized by the University or appointed by an affiliated college or institution; (24) "Teacher of the University" means a Professor, Reader, Lecturer or any other person, holding a teaching post, appointed or recognized as such by the University; (25) "University" means the University of Gour Banga as constituted under this Act; (26) "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; (27) "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 it or not; (28) "University Professor", "University Reader" or "University Lecturer" means a Professor, Reader or Lecturer appointed or recognized as such by the University. 4 THE KOLKATA GAZE11E, EXTRAORDINARY, FEBRUARY 19, 2008 [PART III The Gour Banga University Act, 2007. (Chapter 11.—Sections 3, 4.) CHAPTER II The University and its officers 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 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 Gour Banga. (2) The University shall have perpetual succession and a common seal and shall sue and be sued by the name of the University of Gour Banga. 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 or manage colleges, libraries, museums and such other institutions or centres as it may consider fit; (3) to recognize any college as a constituent college, professional college, autonomous college and to withdraw such recognition; (4) to affiliate to itself any college, institution or centre and to withdraw such affiliation; (5) to prescribe for affiliated colleges other than Government Colleges— (a) the constitution, powers and functions of their Governing Bodies, and (b) with the approval of the State Government,— (i) the terms and conditions of service of Teachers, Librarians and non-teaching staff, (ii) rules of Provident Fund, and (iii) duties and responsibilities of the Principal, teachers and any other employee as deem fit and disciplinary actions for negligence or violation thereof; (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 recognized by it or affiliated to it and to exercise general supervision and control over them; (8) to take over for a period of twelve months the management of any affiliated, constituent or professional college or institution or centre other than a Government College or institution in order to ensure that proper standard of teaching, training or instruction is maintained therein; Provided 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; (9) to dissolve the Governing Body of any affiliated constituent or professional college or institution 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; The University. Powers of the Uni- versity. PART III] THE KOLKATA GAZE11E, EXTRAORDINARY, FEBRUARY 19, 2008 5 The Gour Banga University Act, 2007: (Section 4.) (11) to hold examinations and to confer degrees, titles, diplomas, certificates and other academic distinctions on persons who— (a) shall have pursued and approved course of study in the University or in an affiliated, constituent or professional college or a University Laboratory or University Library unless exempted therefrom in the manner prescribed, and shall have passed the 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 persons affected a reasonable opportunity to present his case; (13) to confer honorary degrees and 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 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 with the concurrence of the Government and to appoint persons to such posts; (16) to institute fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes to be awarded out of the University Fund; (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; (21) to establish, maintain and manage hostels and other places of residence for the students, Teachers, Officers and other employee of the University; (22) to recognize hostels and other places of residence and withdraw recognition thereof; (23) to prescribe, demand and receive fees, fines and other charges; (24) to provide for the supervision and control of residence and discipline of students of the University and to make arrangements for promotion of their health and general welfare; (25) to conduct, co-ordinate, regulate and control postgraduate research work and teaching in the University.the constituent and affiliated colleges and the institutions recognized by the University; (26) to make grants to the National Cadet Corps and the 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; 6 THE KOLKATA GAZE11 h., EXTRAORDINARY, FEBRUARY 19, 2008 [PART III The Gour Banga University Act, 2007. (Sections 5, 6.) (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 institution established by, affiliated to, or recognized by the University; (30) to institute awards, fellowships, travelling fellowships, scholarships, studentshipg, stipends, bursaries, exhibitions, medals and prizes; (31) 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; (32) to co-operate with other Universities, institutions and educational authorities in matters that relate to and further the educational objectives of the University; (33) generally to do all such acts and things as may be necessary or desirable for, or incidental to, the advancement of the objects or purpose of the University. Jurisdiction of Uni- 5. (1) Save as hereinafter otherwise provided, the local limits of jurisdiction of versity. the University (hereinafter referred to as the territorial limits of the University) shall not extend beyond the limits of any district. (2) Notwithstanding anything in sub-section (1), 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) Notwithstanding anything contained in any other law for the time being in force with effect from and date as notified by the Government — (a) such colleges existing in the said date within the limits of the districts as may be specified shall — Delegation of Pow- ers. (i) deem to be affiliated to the University and continue to be so affiliated until the University otherwise directs, and (ii) cease to affiliated to the University of North Bengal or any other University to which they may have been affiliated before the said date except any college declared as University college of North Bengal University before the appointed date; (b) nothing in this Act shall affect the powers and jurisdiction exercised by the West Bengal University of Technology and West Bengal University of Health Science; (c) any teacher, Principal or member of Governing Body of any such college or institution holding by virtue of his being such teacher or a member of Governing Body, any office in or under the University of North Bengal or any of the authority of the said University shall cease to hold such office and vacancy so caused shall deem to be a casual vacancy for the purpose of North Bengal University Act, 1981. (4) Notwithstanding anything contained in sub-section (1), any college or institution situated beyond the limits of any district may, if the State Govt. accords it approval in consultation with the West Bengal State Council of Higher Education 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, affiliate to itself such college or institution and admit the same to all the privileges of the University. (5) 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. 6. The University may delegate such of its powers as it may deem expedient to any of its authorities referred to in section 16 or to any of its officers, and may, at any time, withdraw at its discretion any power so delegated. West Ben. Act XXV of 1981. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 19, 2008 Officers of the Uni- versity. The Chancellor. The Vice-Chancellor. Powers and duties of the Vice-Chancellor. The Gour Banga University Act, 2007. (Sections 7-10.) 7. The following shall be the officers of the University:— (1) the Vice-Chancellor, (2) the Registrar, (3) the Finance Officer, and (4) 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 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. 9. (1) The Vice-Chancellor shall be appointed by the Chancellor on the unanimous recommendation of the Court. If the Court fails to make 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 period of four years or till he attains the age of 65 years, whichever is earlier and shall, subject to the provisions of this section, be eligible for re-appointment for a period not exceeding six months. (b) The Chancellor may, notwithstanding the expiration of the term of the office of Vice-Chancellor or his attaining the age of 65 years, allow him to continue in office till a successor assumes office, provided that he shall not continue as such for any period exceeding six months. (3) The Vice-Chancellor shall be a whole-time officer of the University and shall be paid from the University Fund such pay 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 or expiry of the term of his office, removal 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 may, in consultation with the Minister, appoint any 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, 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. 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 at the meeting of the Court. He shall, by virtue of his office, be a member and the Chairman of the 8 THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 19, 2008 [PART III The Gour Banga University Act, 2007. The Registrar. Powers and duties of the Registrar. The Finance Officer. (Sections 11-13.) 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 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 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 prescribed by Statutes, Ordinances or Regulations. (6) The Vice-Chancellor may take on behalf of the University such action as he may deem expedient in any matter which, in his opinion, is either urgent or of an emergent nature and shall report the same for confirmation at the next meeting 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 approval 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. 11. (1) The Registrar shall be a whole-time officer of the University and shall be appointed by the Executive Council on the recommendation of a Committee consisting of the Vice-Chancellor as Chairman, a nominee of the Chancellor, two nominees of the Executive Council and a nominee of the State Government. (2) The Registrar may resign his office by writing under his hand addressed to the Vice-Chancellor. (3) If the Registrar is for any reason temporarily unable to exercise the powers or perform the duties of his office, the Vice-Chancellor may with the approval of the Executive Council appoint a teacher of the University or an officer of the University, temporarily for a period not exceeding six months, to exercise the powers and perform the duties of the Registrar. 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 this Act. 13. (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. (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. PART III] THE KOLKATA GAZE1TE, EXTRAORDINARY, FEBRUARY 19, 2008 9 The Gour Banga University Act, 2007. (Chapter 11.—Sections 14, 15.—Chapter 111.—Sections 16, 17.) Powers-and duties of the Finance Officer. Supervisory Powers of the Registrar and the Finance Officer. Authorities. The Court. 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 for augmenting the 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 Registrar and 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 by the Statutes or Ordinances. CHAPTER HI Authorities of the University 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; (7) such other authorities as may be established under the Statutes. 17. (1) The Court shall consist of the following :— (a) ex officio members (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the Registrar; (iv) the immediately preceding Vice-Chancellor; (v) the Deans of the Faculty Councils for post-graduate studies; (vi) the Secretary, Department of Higher Education, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal; (vii) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal; (viii) the President, West Bengal Council of Higher Secondary Education; (ix) the President, West Bengal Board of Madrasah Education; (x) the President, West Bengal Council of Vocational Education and Training; (xi) the Chairman, West Bengal College Service Commission; (b) elected members (xii) three Professors of the University Departments elected by such Professors of whom at least one shall belong to any Depart- ment under each Faculty Council for Post-graduate studies; 10 THE KOLKATA GAZE TIE, EXTRAORDINARY, FEBRUARY 19, 2008 [PART III The Gour Banga University Act, 2007. (Section 17.) (xiii) four teachers of University Departments other than Professors elected by such teachers from amongst themselves of whom at least one shall belong to any Department under each Faculty Council for Post-graduate studies; (xiv) Four Teachers, other than Principals, elected by the Teachers of affiliated colleges (other than teachers' training, engineering and medical colleges) from amongst themselves of whom at least one shall be a woman; (xv) one Teacher elected by the Teachers of Teachers' Training Col- leges from amongst themselves; (xvi) two Principals of affiliated colleges of whom one shall be a Prin- cipal of a Teachers' Training College, elected by the Principals of all affiliated col- leges; (xvii) two persons elected (must be one woman) by the registered gradu- ates from amongst themselves; (xviii) three members of the West Bengal Legislative Assembly con- stituencies within the territorial jurisdiction of the University elected from amongst themselves by the members of the West Bengal Legislative Assembly (xix) three regular post-graduate students of the University, not more than one from any Faculty Council for Post-Graduate Studies, of whom one shall be a lady student, elected by an electoral college of such students constituted in the manner prescribed; Explanation I.—"regular post-graduate student" shall mean a student who has been prosecuting his studies in a Post-graduate Department of the University under any Faculty Council for Post-Graduate Studies and who is not in default of payment of prescribed tuition fees and other dues of the University fill such date as may be notified by the University in this behalf. Explanation 11.—Notwithstanding anything contained elsewhere in this Act, a regular post-graduate student elected under this clause shall hold office from the date of his election and for a period of two years or till he ceases to be a regular post- graduate student, whichever is earlier; (xx) two regular students prosecuting their studies in undergraduate or post-graduate degree classes of affiliated colleges elected by an electoral college of such students constituted in the manner prescribed; Explanation I.—"regular student" shall mean a student who has been prosecut- ing his studies in any stream in an undergraduate or post-graduate degree class of an affiliated college and who is not in default of payment of prescribed tuition fees and other dues of such college till such date as may be notified by the University in this behalf. Explanation 11.—Notwithstanding anything contained elsewhere in this Act, a regular student elected under this clause shall hold office from the date of his election and for a period of three years or till he ceases to be a regular student, whichever is earlier; (xxi) one Research Scholar or Research Fellow of the University elected by the Research Scholars and the Research Fellows of the University. Explanation I.—"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 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; (xxii) one person to be elected by the Librarians of the University and of the colleges affiliated to the University from amongst themselves PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 19, 2008 11 The Gour Banga University Act, 2007. (Section 18.) (xxiii) three members elected by the members of the non-teaching staff of the University from amongst themselves; (xxiv) two member elected by the members of the non-teaching staff of affiliated colleges froiri amongst themselves; (xxv) one member elected by the officers of the University from amongst themselves; (c) nominated members Powers and duties of the Court. (xxvi) six persons 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' organisation 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' asso- ciation within the territorial jurisdiction of the University; (xxvii) three persons nominated by the Chancellor to secure the rep- resentation of the professions. (2) All elections to the Court shall be held in the manner prescribed by Statutes. 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 duties: — (i) to establish University Colleges, University Departments, institutions, centres, libraries, laboratories and museums of study and research; (ii) to create and institute, with the approval of the State Government, Professorships including Distinguished or Chair Professorships, Readerships, Lectureships, and such posts including posts of officers as may be necessary for the establishment of the University Colleges, 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, traveling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes to be awarded out of the Univer- sity Fund; (v) to confer degrees, titles, diplomas, certificates and other academic distinctions on person who— (A) have pursued prescribed courses of studies or have been ex- empted 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 Finan- cial Estimates approved by the Court and to pass such resolutions relating thereto as may be considered necessary : 12 THE KOLKATA GAZE11E, EXTRAORDINARY, FEBRUARY 19, 2008 [PART III The Gour Banga University Act, 2007. (Sections 19, 20.) Meetings of the Court. The Executive Council. 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 favor 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 advice 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 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 University; (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 duties referred to in clauses (i) to (vii) of sub-section (1) except on the recommendation of the Executive Council, but may send proposals in respect thereof to the Executive Council for its recommendation. (3) The Court shall have the power to review the action of the Executive Council, save where the Executive Council has acted in accordance with the powers conferred on it by or under this Act : Provided that1f any question arises as to whether the Executive Council has acted in accordance with the powers conferred on it by or under this Act, the matter shall be decided by reference to the Chancellor whose decision shall be final. 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 shall be a quorum for a meeting of the Court: Provided that such quorum shall not be required at a convocation. (3) The Mce-Chancellor may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than fifty per cent. Of members of the Court, convene a meeting of the Court. A meeting on such requisition shall be held within fifteen days of the receipt of the requisition by the Vice-Chancellor. 20. (1) The Executive Council shall consist of the following members: — (a) ex officio members (i) the Vice-Chancellor; (ii) the Deans of the Faculty Councils for post-graduate studies; (iii) the Secretary, Department of Higher Education, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal; PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 19, 2008 13 The Gour Banga University Act, 2007. (Section 21.) (iv) Member Secretary, West Bengal State Council of Higher Education; (b) elected members (v) two Professors elected jointly by the Professors of the Faculty Councils for post-graduate studies from amongst themselves of whom not more than one shall belong to the same Faculty Council; (vi) one post-graduate Teacher, other than Professors elected jointly by the Teachers (other than Professors) of the Faculty Councils for post-graduate studies from amongst themselves; (vii) (A) one Professor of the University elected by such Professors of the University as are members of the Court from amongst themselves, (B) one Teacher of an undergraduate college elected by such Teachers of undergraduate colleges as are members of the Court from amongst themselves; (viii) one person, other than a Teacher or a student or a merhber of the non-teaching staff or an officer, elected by such persons as are members of the Court (other than Teachers, students, members of the non-teaching staff or officers) from amongst themselves; (ix) (A) one non-teaching employee of the University elected jointly by such non-teaching staff of the University and the affiliated colleges as are members of the Court from amongst themselves, (B) one post-graduate student elected jointly by such post-graduate students of the University and students of the affiliated colleges 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; (x) the officer elected under clause (xxvi) of sub-section (1) of section 17; (xi) two persons elected by the members of the Councils for under graduate studies from amongst themselves of whom— (A) one shall be Teachers other than Principal, from the Council for undergraduate Studies in Arts, Science, Commerce and Law, (B) one shall be a Teacher, other than a Principal, from the Council for undergraduate Studies in Engineering and Technology if there be any, and (C) one shall be a Teacher, other than a Principal, from the Council for undergraduate Studies; (xii) one Principal elected by such Principals of affiliated colleges as are members of the Council for undergraduate Studies from amongst themselves; (c) nominated members (xiii) one person nominated by the Chancellor. (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 exercise the following powers and perform the following duties :— 14 THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 19, 2008 [PART III Powers and Duties of the Executive Coun- cil. The Gour Banga University Act, 2007. (Section 21.) (i) to initiate proposals for the making of Statutes and Ordinances including proposals for amendment or repeal thereof, in the manner hereinafter provided; (ii) to recommend to the Court, after consulting the respective Faculty Councils for Post-Graduate Studies, the establishment of University Colleges, University Departments, institutions, libraries, laboratories and museums for study and research; (iii) to maintain University Colleges, University Departments, University institutions, University libraries, University laboratories and University museums; (iv) to establish, maintain and manage halls and to recognize hostels; (v) to direct the inspection of University libraries, University laboratories, University museums 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, 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 Colleges, University Departments, institutions, libraries, laboratories and museums referred to in clause (i) of sub-section (1) of section 18; (viii) to create posts of Officers, Teachers and employees of the University or to recommend to the Court for such creation, with the approval of the State Government; (ix) to prescribe the minimum qualifications for the post of officers, Teachers and other employee 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; (xi) to pass appropriate orders on the basis of the recommendation of the respective 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 o
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