The Jhargram University Act, 2017
West Bengal · state statute
Open in Lexace · Ask the AI about this actLiCnikata ct‘v4 Extraordinary Published by Authority Registered No. WB/SC-247 No. WB(Part-III)/2018/SAR-3 PAUSA 19] TUESDAY, JANUARY 9, 2018 [SAKA 1939 PART III—Acts of the West Bengal Legislature. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 24-L.-9th January, 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 XLVIII of 2017 THE JHARGRAM UNIVERSITY ACT, 2017. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 9th January, 2018.] An Act to provide for constitution and incorporation of the Jhargram University in the district of Jhargram, West Bengal and for certain matters connected therewith and incidental thereto. WHEREAS it is expedient to constitute Jhargram University in the district of Jhargram, 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, 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; 2 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 [PART? III The Jhargram University Act, 2017. (Chapter I.—Preliminary.—Sections 1, 2.) It is hereby enacted in the Sixty-eighth Year of the Republic of India, by the Legislature of West Bengal, as follows:— CHAPTER I Preliminary Short title and 1. (1) This Act may be called the Jhargram University Act, 2017. commencement. (2) This section, section 65, section 66, section 67 and section 68 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) "appointed day" means the date referred to in sub-section (5) of section 65; (2) "affiliated" in relation to a college or an institution means affiliated to the Jhargram 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 and includes the employees of the existing college who have been appointed in a permanent substantive post and subjected to the specific provisions of this Act; (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 Government of West Bengal; (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; PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 3 The Jhargram University Act, 2017. (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 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 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 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; (ii) in relation to an affiliated college, the non-teaching staff, not holding any teaching post (including part-time teaching post), appointed or recognized by the University or appointed by such college, but does not include a Librarian by whatever name called; (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 a 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; (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; 4 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 [PART III The Jhargram University Act, 2017. (Chapter 11.—University and its Officers.—Sections 3, 4.) (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 Jhargram 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. The University. Powers of the University. CHAPTER II University and its Officers 3. (1) There shall be established and incorporated a state-aided University by the name of Jhargram University in the district of Jhargram, West Bengal. (2) 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 Jhargram 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 Jhargram 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; (3) 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; (5) to recognize affiliated colleges as professional colleges or autonomous colleges or private colleges and to withdraw recognition of any such college; (6) to provide for affiliated colleges, other than Government Colleges— (a) the powers and functions of their Governing Bodies; and PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 5 The Jhargram University Act, 2017. (Chapter 11.—University and its Officers.—Section 4.) (b) for the Colleges other than the Government Colleges and the private 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 college, professional college, autonomous college, institution, other than a private 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; (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; 6 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 [PART III The Jhargram University Act, 2017. (Chapter IL—University and its Officers.—Section 4.) (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; (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; PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 7 The Jhargram University Act, 2017. (Chapter IL—University and its Officers.—Sections 5-7.) Teaching in the University. University to be open to all classes, castes and creeds. Jurisdiction of the University. (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 and other appropriate authorities; (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 Governing Board. (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 West Bengal University of Technology, the West Bengal University of Teachers' Training, Education Planning and Administration, the West Bengal University of Health Sciences, or such other University as may be notified by the State Government from time to time; 8 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 [PART III The Jhargram University Act, 2017. (Chapter 11.—University and its Officers.—Sections 8-11.) Delegation of power. Officers of the University. The Chancellor. The Vice- Chancellor. (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 24 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 Pro-Vice-Chancellor; (3) the Registrar; (4) the Deans of Faculty Councils; (5) the Director of School of Studies; (6) the Finance Officer; (7) the Law Officer; (8) the Controller of Examinations; (9) Inspector of Colleges; (10) Deputy Registrar; (11) Assistant Registrar; (12) Secretaries of various Faculty Councils; (13) Accounts Officer; (14) the Sports Officer; (15) the Development Officer; (16) the University Librarian; (17) 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 III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 9 The Jhargram University Act, 2017. (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. (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). 10 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 [PART III The Jhargram University Act, 2017. Powers and duties of the Vice- Chancellor. (Chapter II.—University and its Officers.—Section 12.) (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 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 or 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 Qode of Criminal Procedure, 1974; or 2 of 1974. (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 sub-clause (h), 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 Academic 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 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 PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 11 The Jhargram University Act, 2017. The Pro-Vice- Chancellor. (Chapter IL—University and its Officers.—Section 13.) 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. 13. (1) The Pro-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. (2) The Pro-Vice-Chancellor shall be appointed by the Chancellor in consultation with the Minister. The term of his office shall be for four years and he shall be eligible for re-appointment for another term of four years but shall not hold office beyond the age of sixty-five years. (3) The Pro-Vice-Chancellor may resign his office by writing under his hand addressed to the Chancellor. (4) If— (a) the Pro-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 Pro-Vice-Chancellor by reason of death, resignation, expiry of term of his office, removal or otherwise, then, during the period of such temporary inability or pending the appointment of a Pro- Vice-Chancellor, as the case may be, the Chancellor in consultation with the Minister and the Vice-Chancellor, may appoint a senior teacher of the University or an officer of the University to exercise the powers and perform the duties of the Pro-Vice-Chancellor. (5) The vacancy in the office of the Pro-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 Pro-Vice-Chancellor in accordance with the provisions of sub-section (2). (6) The Pro-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 the continuance in the office of the Pro-Vice-Chancellor is detrimental to the interest of the University; or (e) has been proved to be guilty or criminal breach of trust or criminal negligence or gross financial irregularity or impropriety or gross negligence of duty; or 12 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 [PART III The Jhargram University Act, 2017. Powers and functions of the Pro-Vice- Chancellor. Deans of Faculty Councils for Post- graduate Studies and the Councils for Undergraduate Studies. (Chapter II.—University and its Officers.—Sections 14, 15.) (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, 1974; or 2 of 1974. (h) is a member of, or otherwise associated with, any political party or acts in any partisan manner while in office: Provided that the Pro-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 sub-clause (h), whether any party is a political party or any association is a political association or any act of the Pro-Vice-Chancellor is partisan, the decision of the Chancellor thereon shall be final. 14. (1) The Pro-Vice-Chancellor shall be an administrative and academic officer of the University and shall, by virtue of his office, be a member of the Governing Board and the Academic Council and shall also be the member of any other authority or body of the University. 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, if the Vice-Chancellor considers it necessary but shall not be entitled to vote thereat. (2) Subject to the general control of the Vice-Chancellor, the Pro-Vice-Chancellor shall exercise such powers and discharge such duties as may be delegated to him by any authority or body of the University or as may be provided by the Statutes. 15. (1) There shall be a Dean for each and every Faculty Councils of Post-graduate Studies and the Councils for Undergraduate Studies in the University who shall be appointed by the Vice-Chancellor of the University on recommendation of the Selection Committee duly constituted for this purpose. (2) The Selection Committee shall be constituted by the State Government for each and every occasion of selection of Dean of the University: Provided that every such committee shall select Deans for all or any Faculty Councils of Post-graduate Studies and Councils for Undergraduate Studies in the University. (3) The Selection Committee shall consist of the following members:— (a) a nominee of the Chancellor, who shall be the Vice-Chancellor of a State- aided University other than the concerned University and who shall be the head of the Committee; (b) a nominee of the State Government, who shall be an eminent academician and who is not related with the concerned University in any manner; (c) a nominee of the Vice-Chancellor, who shall not be below the rank of a Professor of any other University. (4) The Selection Committee shall consider the names of eligible professors of that University for the post of Dean and give proper weightage of academic excellence and adequate experience in academic and administrative governance while preparing the panel of two Professors in order of their preference for each and every Faculty Councils of Post-graduate Studies and Councils for Undergraduate Studies: Provided that no person shall be eligible for the post of Dean more than one term in his service tenure in the same University. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 13 The Jhargram University Act, 2017. The Registrar. (Chapter IL—University and its Officers.—Sections 16-18.) (5) The Registrar of the University shall provide secretariat assistance to the Selection Committee for preparing the panel and the Committee shall have power to call for any record of the University relating to any Professor for the purpose of such selection. (6) The Selection Committee shall finalise the panel within such time as may be directed by the State Government, and immediately thereafter, the Committee shall send its recommendations in writing to the State Government, along with reasoned record of assessment of the persons so considered: Provided that the State Government may, for reasons to be recorded in writing, extend the said period of selection in case of exigencies. (7) The State Government shall thereafter forward the panel to the Vice-Chancellor of the University for appointment of Dean. (8) Every Dean appointed as per provisions of this Act shall hold the office for three years or until he retires CY vacates his office for any other reasons: Provided that a Professor shall only be eligible for empanelment for the post of Dean who has at least three years of service left in his account before the age of superannuation. (9) The Vice-Chancellor shall, in the event of any temporary vacancy of the office of Dean, select the senior-most Professor of that University according to the date of their joining in the same University for a period not more than six months: Provided that such selection of Dean on temporary vacancy shall be communicated forthwith to the State Government for the purpose of re-constitution of Selection Committee. (10) Every Dean shall be the Vice-Chairman of the respective Faculty Councils of Post-graduate Studies and Council for Undergraduate Studies and shall have such powers and functions as may be provided for by Regulations. (11) The Dean of every Faculty Councils for Post-graduate Studies and Council for Undergraduate Studies may be removed from his office for such reasons and in such manner as may be provided for by Regulation. 16. (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. Powers and duties 17. Subject to the supervision, direction and general control of the Vice-Chancellor, of the Registrar. the Registrar shall act as the Secretary of 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. 18. (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 The Finance Officer. 14 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 [PART III The Jhargram University Act, 2017. (Chapter 11.—University and its Officers.—Sections 19-23.) Powers and duties of the Finance Officer. The Law Officer. 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. 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 powets and perform the duties of his office, the Vice-Chancellor, with the appre ,-al of kfie Executive Council, may appoint a person temporarily for a period riot exceeding six months to exercise the powers and perform the duties of the Finance Officer. 19. (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. 20. (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 West Bengal 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. 21. (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 Finance Officer. 22. (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. 23. 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 sh
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