LexThe Hindi University, West Bengal Act, 2019
West Bengal · state statute
Open in Lexace · Ask the AI about this actIltata RR-Ca.-4\4Q Extraordinary Published by Authority Registered No. WB/SC-247 No. WB(Part-III)/2020/SAR-3 VIE &gat PAUSA 20] FRIDAY, JANUARY 10, 2020 [SAKA 1941 PART III Acts of the West Bengal Legislature. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 31-L.-10th January, 2020.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XXI of 2019 THE HINDI UNIVERSITY, WEST BENGAL ACT, 2019. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 10th January, 2020.] An Act to provide for constitution and incorporation of the Hindi University in the State of West Bengal and for certain matters incidental thereto and connected therewith. WHEREAS it is expedient to establish and incorporate a State-aided University by the name of the Hindi University, West Bengal with the view to provide higher education and to establish a Centre of Excellence devoted to the teaching, learning and research in various branches of studies including Hindi language and literature, 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 Seventieth Year of the Republic of India, by the Legislature of West Bengal, as follows:— 2 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 10, 2020 [PART III The Hindi University, West Bengal Act, 2019. (Chapter I.— Preliminary.— Sections 1, 2.) CHAPTER I Preliminary 1. (1) This Act may be called the Hindi University, West Bengal Act, 2019. (2) This section and sections 60, 61 and 62 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 the context otherwise requires,— (1) "appointed day" means the date referred to in sub-section (5) of section 60; (2) "college" means the constituent or affiliated college of the University; (3) "convocation" means a meeting of the Governing Board for the purposes of conferring degrees, titles, diplomas, certificates or other academic distinctions; (4) "distance education" means instruction imparted through correspondence or distance mode as recognized by the appropriate authority; (5) "employee" in relation to the University means a person employed in the University; (6) "financial year" means the year ending on the 31st day of March; (7) "Governor" means the Governor of the State of West Bengal; (8) "Librarian" means a Librarian or any other person holding a post of Librarian, by whatever name called appointed or recognized as such by the University; (9) "Minister" means the Minister-in-Charge of the Higher Education Department, Government of West Bengal; (10) "non-teaching staff' means the non-teaching staff appointed or recognized as such by the University and not holding any teaching, officer or the post of Librarian, by whatever name called; (11) "officer" means an officer of the University; (12) "prescribed" means prescribed by rules made under this Act; (13) "registered graduate" means a graduate registered under this Act on making an application in the prescribed form and on payment of such fees as may be detennined by the University from time to time; (14) "State Government" means Government of West Bengal in the Higher Education Department; (15) "Statutes", "Ordinances" and "Regulations" mean, respectively, the Statutes, Ordinances , Regulations of the University made under this Act; (16) "Student" means a student of the University and includes any person enrolled by the University for pursuing any Undergraduate or Post-graduate course of study or in research works of the University; (17) "Students' Council" means the Students' Council of the University constituted in the manner prescribed; Short title and commencement. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 10, 2020 3 The Hindi University, West Bengal Act, 2019. (Chapter II.— The University and its Officers.— Sections 3, 4.) (18) "Teacher of the University" means a Professor, Associate Professor, Assistant Professor, or any other person, holding a whole-time permanent, substantive teaching post, appointed or recognized as such by the University for the purposes of imparting instruction and conduction of research in the University; (19) "University" means the Hindi University, West Bengal constituted under this Act; (20) "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; (21) "University Professor", "University Associate Professor" or "University Assistant Professor" means a Professor including Distinguished Professor, Chair Professor, Adjunct Professor, Associate Professor and Assistant Professor respectively, appointed or recognized as such by the University; (22) "Vice-Chancellor" means the Vice-Chancellor of the University. The University. Objects of the University. CHAPTER II The University and its Officers 3. (1) There shall be constituted and incorporated a State-aided University by the name of the Hindi University, West Bengal in the district of Howrah. (2) The Vice-Chancellor and the members of the Governing Board, so long as they continue to hold such office or membership, shall constitute a body corporate by the name of the Hindi University, West Bengal. (3) The University shall be a body corporate and shall have perpetual succession and common seal and shall have power to sue and be sued by the name of the Hindi University, West Bengal. (4) The Headquarter of the University shall be located at Howrah. (5) The territorial jurisdiction of the University shall extend to the whole of the State of West Bengal. 4. The following shall be the objects of the University, namely to:— (1) promote, propagate and cause further development of study and research on all and allied branches of studies; (2) act as an optimum blend of the modern system of learning and modern research methodology from occidental point of view; (3) provide facilities for the advanced studies in various mode of studies aiming to empowering higher education; (4) pursuing studies in various branches of studies in Hindi language and literature, Science, Humanities, Commerce, Law, Social studies and other related branches of study. 4 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 10, 2020 [PART III Powers of the University. The Hindi University, West Bengal Act, 2019. (Chapter IL— The University and its Officers.— Section 5.) 5. The University shall have the following powers, namely:— (1) to provide for instruction, teaching, training and research in, and to promote extension of higher education with special emphasis on Hindi speaking people of West Bengal and in such other allied branches of study and such other subject of studies at the Undergraduate, Post-graduate and higher levels; (2) to establish, maintain and manage libraries, laboratories, workshops, museums, Faculties, centres and such other institutions for study and research as it may deem necessary; (3) to provide for study and research in specialized and emerging areas in such Faculties and centres and to take all necessary steps in this regard; (4) to establish, maintain linkage and enter into collaborative agreement with other Universities, research institutions, societies and organizations within as well as outside India in matters that relate to the furtherance of the objectives of the University; (5) to take measures for maintenance of standards and enhancement of quality in higher education in the fields relevant to the University; (6) to confer degrees, titles, diplomas, certificates and other academic distinctions; (7) 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 the University, unless exempted therefrom in the manner provided and shall have passed the prescribed examinations of the University, or shall have carried on research under conditions provided; (8) 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; (9) to confer honorary degrees or other academic distinctions under conditions provided; (10) to institute Professorships including Distinguished Professorship, Chair Professorship, Adjunct Professorship, Associate Professorship, Assistant Professorship and other teaching posts required by the University with prior approval of the State Government and to appoint persons to such posts or to recognize persons as Professors, Associate Professors, 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; (11) to create posts, as and when required, of officers and employees of the University besides those provided for in this Act subject to the concurrence and prior approval by the State Government; (12) 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 constituted; (13) to provide, subject to the provisions of this Act, the terms and conditions of service, duties and responsibilities including the rules of conduct and discipline and the emoluments for all categories of posts of the University; (14) to make provisions for Provident and other funds for all categories of the employees of the University; PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 10, 2020 5 The Hindi University, West Bengal Act, 2019. Teaching in the University. University to be open to all classes, castes and creeds. (Chapter II.— The University and its Officers.— Sections 6, 7.) (15) to provide fees and other charges for admission, registration and examinations and such other purposes, and to demand and receive the fees or other charges so provided; (16) 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, and with prior approval of the State Government; (17) to acquire, hold and dispose of property, movable and immovable and to make grants and advances for furthering any of its objectives; (18) to accept and administer gifts, endowments and benefactions, for the furtherance of any of its objectives for the University or for or on behalf of any Faculty or centre established by or recognized by the University, and to institute awards, fellowships, traveling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes; (19) 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 prior approval of the State Government also from the other sources; (20) to co-operate and collaborate with other Universities, institutions and educational authorities in matters that relate to and furtherance of the academic objectives of the University; (21) generally to do all such acts and things as may be necessary or desirable for, or incidental to, the advancement of the objectives or purposes of the University; (22) to introduce interdisciplinary and multidisciplinary integrated courses in selected subjects; (23) to initiate collaborative teaching and research programme with other Universities, institutions and to provide modalities for Credit Transfer and Award of Joint Degrees if deemed necessary; (24) to take care of the learning of the Hindi Literature from the Secondary and Higher Secondary School level to the highest level; (25) to do such other act and perform such other functions in consonance with the objectives of the University. 6. (1) All recognized 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 Governing Board. (2) The courses of study, the curricula and the authorities responsible for organizing such teaching shall be such as may be provided by regulations. 7. The University shall be open for all irrespective of their 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. 6 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 10, 2020 [PART III The Hindi University, West Bengal Act, 2019. (Chapter IL— The University and its Officers.— Section 8.) Jurisdiction. 8. (1) The University shall primarily be a non-affiliating State-aided Unitary University. (2) Notwithstanding contained in sub-section (1) or in any other law for the time being in force, the State Government, may by notification in the Official Gazette allow the University to affiliate colleges and institution imparting course of studies similar or closely connected with the academic principles of the University and with effect from such date as the State Government may, appoint in this behalf,— (A) all colleges and educational institutions, whether Government administered or Government-aided or self-financed, imparting education specially in Hindi language and literature, sciences, social sciences, cognitive science, and such other branches of studies, as the State Government may from time to time determine, for the advancement of learning and dissemination of knowledge in such branches and affiliated to any other University in the State— (i) shall be deemed to be affiliated to the University for such period and subject to such terms and conditions, as may be imposed by the University, not inconsistent with the provisions of this Act or any other law for the time being in force, and (ii) shall cease to be affiliated to the University to which any such college or institution may have been affiliated before the said date; (B) any Principal, teacher, or other employee, or any member of the Governing Body, by whatever name called, or any student, of any such affiliated college or institution, holding, by virtue of his being such Principal, teacher, or other employee, or member or student, any office in or under any University or any of the authorities of such University to which such college or institution was affiliated before the said date, shall cease to hold such office and the vacancy so caused shall be deemed to be a casual vacancy for the purposes of any law under which that University was established; (C) whenever the University issues directions in addition to the requirements stipulated in sub-clause (i) of clause (A), the affiliated institution shall be bound to comply with such terms and conditions as may be incorporated in the directions of the University within such reasonable time as may be determined by the University; (D) the University shall have power to alter or withdraw the affiliation deemed to have been granted under this section, if the affiliated institution does not comply with all the terms and conditions of such affiliation; (E) for the purpose of deemed affiliation under this sub-section, it shall be competent for the University to satisfy itself in such manner as it may decide, if an affiliated institution was validly affiliated to any University established before the said date. (3) Notwithstanding anything contained in any other law for the time being in force, no college or institution providing courses of study or programmes of education, research or training in the field of engineering, technology, Management or teachers' training, education planning and administration and situated in West Bengal, but not PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 10, 2020 7 Delegation of Powers. The Chancellor. Officers of the University. The Hindi University, West Bengal Act, 2019. (Chapter IL—The University and its Officers.— Sec ons 9-11.) admitted to the privileges of the University, shall be admitted to the privileges of any other University except with the prior approval of the State Government: Provided that nothing in this sub-section shall, save as otherwise provided in this Act, apply to— (a) any constituent college, institution, Faculty or Department of any other University or of any institution for higher education deemed to be a University under section 3 of the University Grants Commission Act, 1956, 3 of 1956. directly managed, controlled and financed by such University or such institution for higher education deemed to be a University under section 3 of that Act, or (b) any other college or institution affiliated to any other University mainly providing courses of study in subjects other than literature, dance, drama, sculpture, humanities, science, commerce, cognitive science and such branches of study as the State Government deems appropriate for the advancement of learning and dissemination of knowledge in such branches. Explanation.— For the avoidance of doubt it is hereby declared that the State Government shall have powers to decide whether a college or institution provides mainly the courses of study in subjects other than mentioned under clause (b) of sub-section (3) will be admitted to the privileges of the University or not. 9. The University may delegate such of its powers as it may deem expedient to any of its authorities referred to in section 22 or to any of its officers, and may, at any time, withdraw at its discretion any power so delegated. 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 Governing Board and shall, when present, preside over the meetings of the Governing Board. (2) The Chancellor shall exercise such powers as may be conferred on him by or under the provisions of this Act and shall exercise such other powers as may be prescribed. (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 in consultation with the Minister to represent interests not otherwise adequately represented. (4) Every proposal to confer any honorary degree shall be subject to confirmation by the Chancellor. (5) The Chancellor can issue any direction upon the University not inconsistent with the provisions of this Act, to which the University shall comply. 11. The following shall be the officers of the University :— (1) the Vice-Chancellor; (2) the Registrar; (3) the Deans of Faculties; (4) the Finance Officer; (5) the Law Officer; (6) the Controller of Examinations; 8 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 10, 2020 [PART III The Vice- Chancellor. The Hindi University, West Bengal Act, 2019. (Chapter II.— The University and its Officers.— Section 12) (7) the University Librarian; and (8) such other persons holding such other posts as may be declared by Statutes to be the posts of officers of the University. 12. (1) (a) The Vice-Chancellor shall be a distinguished academic with proven competence and integrity, and having a minimum of ten years of 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. (b) The Vice-Chancellor shall be appointed by the Chancellor out of the 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 Governing Board: 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 appointed as such in terms of the provisions of sub-section (1), and shall be eligible for reappointment for another term of four years subject to the satisfaction of the State Government and on the basis of his past academic excellence and administrative success established during his term of office in the capacity of Vice-Chancellor, or till he attains the age of seventy years, whichever is earlier. (b) The Chancellor may, notwithstanding the expiration of the term of office of the Vice-Chancellor, allow him to continue in office for a period not more than two-years at a time, in consultation with the Minister, which shall under no circumstances be extended beyond the age of seventy years, subject to the satisfaction of the State Government and on the basis of his past academic excellence and administrative success established during his term of office in the capacity of Vice-Chancellor. (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. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 10, 2020 9 The Hindi University, West Bengal Act, 2019. (Chapter II.— The University and its Officers.— Section 12) (5) If— (a) the Vice-Chancellor is, by reasons 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 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 a 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, and such period shall 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 wilfully 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 his 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 (f) 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 (g) 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), (0, (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. 2 of 1974. 10 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 10, 2020 [PART III The Hindi University, West Bengal Act, 2019. (Chapter IL—The University and its Officers.—Sections 13-15.) Powers and duties of the Vice- Chancellor. The Registrar. Powers and duties of the Registrar. 13. (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 Governing Board. He shall, by virtue of his office, be a member and the Chairman of all the Faculties of 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 Governing Board, the Faculties of Post-graduate and 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 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 approval of the Governing Board, delegate any of his powers, to any other officer subordinate to him. 14. (1) The Registrar shall be a whole-time officer of the University and shall be appointed by the Governing Board on the recommendation of a Committee consisting of the Vice-Chancellor as Chairman, a nominee of the Chancellor, two nominees of the Governing Board and a nominee of the State Government, and on such terms and conditions, as may be prescribed. (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 Governing Board 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. 15. Subject to the supervision, direction and general control of the Vice-Chancellor, the Registrar shall act as the Secretary of the Governing Board and shall exercise such powers and perform such duties as may be provided in the Statutes, or delegated to him by or under this Act. 1 PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 10, 2020 11 The Law Officer. The Finance Officer. Powers and duties of the Finance Officer. Controller of Examinations. Powers and duties of the Controller of Examinations. The Hindi University, West Bengal Act, 2019. (Chapter IL— The University and its Officers.— Sections 16-20) 16. (1) There shall be a Law Officer in the University, to be appointed by the State Government, on deputation from amongst the members of the State Legal service. (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. 17. (1) The Finance Officer shall be a whole-time officer of the University. He shall be appointed by the Governing Board on the recommendation of a committee consisting of the Vice-Chancellor as the Chairman, a nominee of the Chancellor, two nominees of the Governing Board 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 Governing Board, may appoint a person temporarily for a period not exceeding six months to exercise the powers and perfonn the duties of the Finance Officer. 18. (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 aims 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. 19. (1) The Controller of Examinations shall be a whole:time officer of the University. He shall be appointed by the Governing Board on the recommendation of a Committee consisting of the Vice-Chancellor as the Chairman, a nominee of the Chancellor, two nominees of the Governing Board and a nominee of the State Government for such period and on such terms and conditions as may be provided 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 perfonn the duties of his office, the Vice-Chancellor, with the approval of the Governing Board, 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. 20. (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. 12 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 10, 2020 [PART III The Hindi University, West Bengal Act, 2019. (Chapter IL— The University and its Officers.— Section 21.— Chapter HI— Authorities of the University.— Sections 22, 23.) Supervisory powers of the Registrar, Law Officer, Finance Officer and Controller of Examinations. Authorities. The Governing Board. 21. In their respective spheres of duties, the Registrar, the Law Officer, the Finance 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 the Ordinances or the Regulations, as the case may be. CHAPTER III Authorities of the University 22. The following shall be the authorities of the University • the Governing Board; the Faculties for Post-graduate and Undergraduate Studies; the Boards of Studies; the Finance Committee; such other authorities as may be declared and established under the Statutes. 23. (1) The Governing Board shall consist of the following members : (a) Ex officio members— (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the Secretary, Higher Education 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 Educat on or his nominee; (vi) a nominee of the Chairman of the University Grants Commission; and (vii) the Law Officer of the University; (b) Representatives of Departments and Teachers - (viii) two Deans of the Faculties of Post-graduate and Undergraduate Studies; (ix) three Heads of Departments by rotation for one year in alphabetical order of the Department to be selected by the Vice-Chancellor; (x) two teachers from each Faculty Council for Post-graduate and Undergraduate Studies of whom atleast one shall be a Professor and they shall be elected by the teachers of concerned Faculty from amongst themselves in the manner as may be provided by Statutes; PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 10, 2020 13 The Hindi University, West Bengal Act, 2019. (Chapter III.—Authorities of the University.— Section 24.) (c) Nominated Members— (xi) (I) two members to be nominated by the Chancellor from amongst the persons interested in the University education; (2) three members to be nominated by the State Government from amongst the persons interested in the University education; (3) four members to be nominated by the outgoing University Council or outgoing Governing Board, as the case may be, of whom at least two shall be eminent scholars: Powers and duties of the Governing Board. Provided that no such member shall be nominated for more than two terms in the Governing Board: Provided further that in all the cases no employee of the University or of a College or institution being managed by the University shall be eligible to be a member; (d) Special Invitee (xii) any official or expert in any field or eminent educationist, alumnus whom the Governing Board may require for advice, consultation or assistance, may be invited to attend the meeting without any power to caste vote; (xiii) one student representative and one Research Scholar to be nominated by the Vice-Chancellor from amongst the members of the Student Council of the University without any power to cast vote: Provided that the student representative or the research scholar referred to under this clause shall not be permitted to take part in any meeting of the Governing Board in which, in the opinion of the Board, any of the minutes of any such meeting may prejudicially affect the general interest of the students or the research scholars, as the case may be. (2) A member of the Governing Board shall hold office for a period of four years, if not expressly provided otherwise in this Act. Any vacancy among the members of the Governing Board shall be filled up immediately by the concerned authority. (3) The Registrar shall act as the Secretary of the Governing Board. (4) No act or proceedings of the Governing Board or of any body constituted by the Governing Board shall be invalid or called in question by reason of the existence of any vacancy, initial or subsequent, in the Governing Board or in any body constituted by the Governing Board, as the case may be. 24. Subject to such condition as may be provided by or under the provisions of this Act, the Governing Board shall exercise the following duties and responsibilities and perform the following functions, namely to:— (i) establish University departments, institutions, centres, libraries, laboratories and museums for study and research; (ii) create, with the approval of the State Government, posts of officers, teachers and other employees as may be necessary for the establishment of the University departments, institutions, centres, libraries, laboratories etc.; 14 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 10, 2020 [PART III The Hindi University, West Bengal Act, 2019. (Chapter 111.— Authorities of the University.— Section 24.) (iii) institute degrees, titles, diplomas, certificates and other academic distinctions; (iv) institute fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes to be awarded out of the University fund after consulting the respective Faculties of Post-graduate and Undergraduate studies; (v) confer degrees, titles, diplomas, certificates and other academic distinctions on persons who— (a) pursue prescribed courses of studies; (b) carry on research in accordance with such conditions as may be prescribed; (vi) withdraw or cancel degrees, titles, diplomas, certificates or other academic distinctions under such conditions as may be provided by Statues and after giving the person affected a reasonable opportunity to present his case; (vii) confer honorary degrees or other academic distinctions; (viii) initiate proposals for the making of Statutes and Ordinances including proposals for amendment or repeal thereof, in the manner hereinafter provided; (ix) maintain University Departments, University Institutions, University libraries, University laboratories and University museums; (x) establish, maintain, manage and recognize halls and hostels; (xi) direct the inspection of University libraries, University laboratories, and hostels; (xii) appoint officers, teachers and other employees of the University and define their duties and other terms and conditions of service in accordance with the Statutes and the Ordinances and suspend, discharge or otherwise punish such teachers, officers and other employees in accordance with the Statutes and the Ordinances; (xiii) determine and collect fees or charges for the registration of students and their admission to courses of studies organized by the University, for holding examinations, for the grant of degrees, diplomas and certificates, and for other like purposes; (xiv) approve the constitution or reconstitution of the respective department of teaching in the University on the recommendation of the respective Faculties of Post-graduate and Undergraduate studies; (xv) make regulations regarding the courses of studies and the division of subjects after obtaining and considering the recommendation of the Faculties of Post-graduate and Undergraduate studies in this regard; (xvi) make regulations regarding the examinations which shall be recognized as the equivalent examinations held by the University; (xvii) make regulations regarding the conduct of examinations held by the University and the condition under which students may be admitted to the different courses of studies held by the University; PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 10, 2020 15 Meetings of the Governing Board. The Hindi University, West Bengal Act, 2019. (Chapter 111.— Authorities of the University.— Section 25.) (xviii) make regulations regarding all other matters which may be or are required to be provided for by regulations; (xix) give directions regarding the form, custody and use of the common seal of the University; (xx) acquire, hold and dispose of property, movable and immovable, with the approval of the State Government, and administer all assets, properties, and funds of the University, and undertake all measures necessary or desirable for the conservation or augmentation of the resources of the University; (xxi) accept and administer grants, gifts, donations, endowments and benefactions for the furtherance of the purposes of this Act; (xxii) with the approval of the State Government, raise or accept loans on behalf of the University and make grants or advances from the University fund or other special funds maintained by the University; (xxiii) 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 institution, including its assets and liabilities, or for any other purpose not repugnant to the provisions of this Act on the recommendation of the Faculties of Post-graduate and Undergraduate studies concerned; (xxiv) exercise general supervision over Students' Council, University Sports Board and other bodies instituted by the University; (xxv) approve the Annual Statement of Accounts, the Audit Report in respect of the Annual Statement of Accounts, the Internal Audit Report and the Annual Budget of the University; (xxvi) make due provision for the welfare and discipline of students and their relationship with the University and provide for such other training of students as may be considered desirable; (xxvii) make provision for research, advisory services and exchange programme and for that purpose enter into agreement with otherUniversities, institutions, associations, societies or bodies on such terms and for such purposes, not inconsistent with the purposes of this Act, as it may determine; (xxviii) make rules for the transaction of its own business; (xxix) exercise all other powers and perform all other functions conferred by or under this Act; (xxx) exercise general supervision over the Faculties of Post-graduate and Undergraduate studies and give such directions to these Faculties for the due discharge of their respective duties as it may consider necessary. 25. (1) The Governing Board shall meet at least once in a quarter, other than for convocation on such 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 Governing
Excerpt shown. Open the full act in Lexace.