The Kalyani University Act, 1981
West Bengal · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT West Bengal Act XL of 1981 THE KALYANI UNIVERSITY ACT, 1981. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 22nd December, 1981] [22nd December, 1981.] An Act to provide for the reconstitution of the University of Kalyani and for certain matters incidental thereto and connected therewith. WHEREAS it is expedient to reconstitute the University of Kalyani to enable it to function more efficiently as a University encouraging and providing for instruction, teaching, training and research in various branches of learning and courses of study, promoting advancement and dissemination of knowledge and learning, and extending higher education, to meet the growing needs of society and to make the constitution of various authorities or bodies of the University more democratic; It is hereby enacted in the Thirty-second Year of the Republic of India, by the Legislature of West Bengal, as follows:— CHAPTER I Preliminary. 1. (1) This Act may be called the Kalyani University Act, 1981. (2) This section and section 55 shall come into force at once; and the remaining provisions of this.Act shall come into force on such date or dates as the State Government May, by notification in the Official Gazette. appoint, and different dates may be appointed for different provisions of this Act. Short title and commence- ment. 2. In this Act, unless there is anything repugnant in the subject or Definitions. context,— (1) "affiliated" in relation to a college or an institution means affiliated to the University of Kalyani 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 55; 397 The Kalvani University Act, 1981. [West Ben. Act (Chapter I. Preliminary.—Section 2.) (3) "college" means a college established or maintained by, or affiliated to, the University; (4) "convocation" means a meeting of the Court for the purpose of conferring degrees, titles, diplomas, certificates or other academic distinctions; (5) "employee" in relation to the University means any person employed by the University; (6) "financial year" means the year ending on the 31st day of March; (7) "Government College" means a college maintained and managed by the State Government; (8) "Governor" means the Governor of the State of West Bengal; (9) "hall" or "hostel" means a unit of residence for students, teachers, officers or non-teaching staff recognized by the University; (10) "Librarian" means,— (a) in relation to the University, a Librarian, Deputy Librarian, Assistant Librarian or any other person discharging the functions of a Librarian on whole-time basis, by whatever name called, appointed or recognized as such by the University, and (b) in relation to a college affiliated to the University, a Librarian, Deputy Librarian, Assistant Librarian or any other person discharging the functions of a Librarian on whole-time basis, by whatever name called, appointed or recognized by the University or appointed by such college; (11)"Minister" means the Minister-in-charge of Higher Educat on appointed as such by the Governor; (l2) "non-teaching staff' means,— (a) in relation to the University, the non-teaching staff, not holding any teaching post (including part-time teaching post), appointed or recognized as such by the University, and (b) in relation to an affiliated college, the non-teaching staff, not holding any teaching post (including part- time teaching post), appointed or recognized by the University or appointed by such college, but does not include an officer or a Librarian; 398 The kalvani University Act, 1981. XL of 1981.] (Chapter 1.—Preliminary.—Section 2.) (13) "prescribed" means prescribed by Statutes, Ordinances, Regulations Or Rules made under this Act; (14) "Principal" means the head of a college or of an institution, by whatever name called; (15) "registered graduate" means a graduate registered under this Act, at least three months prior to the date of election of members to the Court, on application in the prescribed form and on payment of a fee of one rupee: Provided that no person shall be eligible to be registered under this Act unless he has graduated himself from the University at least three years prior to the date of election of members to the Court; (16) "regular student" means,— (a) in relation to the University, a student who has been prosecuting his studies in a post-graduate or under- graduate department of the University under any of the Faculty Councils for post-graduate and undergraduate studies and who is not in default of payment of prescribed tuition fees and other dues of the University till such date as may be notified by the University in this behalf, and (b) in relation to an affiliated college, a student who has been prosecuting his studies in an undergraduate or post-graduate degree class of such 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; (17) "Statutes - , "Ordinances", "Regulations" and "Rules" mean, respectively, the Statutes, Ordinances, Regulations and Rules of the University made under this Act; (18) "Students' Union", in relation to the University or an affiliated college, means the Students' Union constituted in the manner prescribed; (19) "Teacher" means a Principal, Professor, Assistant Professor, Reader, Lecturer, Demonstrator, Tutor, Instructor or any other person. appointed or recognized as such by the University, either whole-time or part-time, for the purpose of imparting instruction or conducting research in the University or in any affiliated college or institution; 399 The Kalyani University Act, 1981. [West Ben. Act (Chapter IL-The University and its officers.—Sections 3, 4.) (20) "Teacher of the University" means a Professor, Reader, Lecturer or any other person, appointed or recognized as such by the University, either whole-time or part-time, for the purpose of imparting instruction or conducting research in the University; (21) "University" means the University of Kalyani as constituted under this Act; (22) "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; (23) "University Professor", "University Reader" or "University Lecturer" means a Professor, Reader or Lecturer appointed or recognized, as such by the University. CHAP 1ER II The University and its officers. The 3. ( ) The Chancellor and the Vice-Chancellor of the University University. and 'the , members of the Court and the Executive Council, for the time being, shall constitute a body corporate by the name of the University of Kalyani. (2) The University shall have perpetual succession and a common seal and shall sue and be sued by the name of the University of Kalyani. Powers of Ihe 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; (2) to establish, maintain and manage colleges, libraries, laboratories, museums and such other institutes, institutions or centres for study and research as it may deem necessary; (3) to provide for specialisation of studies in colleges and for organisation by colleges of common laboratories, libraries, museums and such other institutes, institutions or centres for study and research work; 400 The Kalyani University Act, 1981. XL of 1981.] (Chapter 11.—The University and its officers.—Section 4.) (4) to affiliate to itself or to recognize any college, institute, institution or centre; (5) to disaffiliate any college, institute, institution or centre in any subject or subjects or to withdraw affiliation or recognition, if necessary; (6) to prescribe for colleges, other than Government Colleges,— (a) the constitution, powers and functions of their Governing Bodies, and (b) the terms and conditions of service of— (i) Librarians, and (ii) non-teaching staff; (7) to prescribe for colleges the rules for Teachers' Councils and Provident Funds; (8) 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; (9) to take over for a period not exceeding twelve months the management of any affiliated college, institution or centre, other than a Government College, institution or centre, in order to ensure that proper standard of teaching, training or- instruction is maintained therein: Provided that the University may, if it considers necessary so to do, extend such period so, however, that the aggregate period shall not exceed eighteen months; (10) to dissolve the Governing Body of any affiliated college or institution or centre, other than a Government College, and, pending reconstitution of the Governing. Body thereof in such manner as may be prescribed, to appoint an Administrator or an ad hoc Governing Body: Provided that the 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; (I1) to institute and make appointment to Professorship, Readership, Lectureship and other posts required by the University for the purpose of imparting instruction or conducting research in the University; 401 The Kalyani University Act, 1981. [West Ben. Act (Chapter 11.-The University and its officers.-Section 4.) (12) to Create posts, as and when required, of officers and employees of the University besides those provided for in this Act; (13) to prescribe, subject to the provisions of this Act, the constitution, powers and duties of the Boards of Studies, the Finance Committee, and other bodies; (14) to prescribe the powers and duties of officers of the University; (15) 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; (16) to make provisions for provident fund and other funds for the Teachers, officers and other employees of the University; (17) to institute degrees,. titles, diplomas, certificates and other academic distinctions; (18) to hold examinations and to confer degrees, titles, diplomas, certificates and other academic distinctions on persons who— (a) shall have pursued an approved course of study in the University or in an affilianid college 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; (19) 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; (20) to confer honorary degrees or other academic distinctions under conditions prescribed; (21) to prescribe, demand and receive fees, fines and other charges for examinations and other purposes; (22) to establish, maintain, manage or recognize. Halls, Hostels and other places of residence for the students, Teachers, officers or non-teaching staff of the University, to withdraw such recognition, and to take over the management and maintenance of the existing Halls, Hostels or places of residence, recognized by the University, with the consent of the authorities thereof; 402 The Kalyani University Act, 1981. XL of 1981.] (Chapter 11.—The University and its officers.—Section 4.) 1 (23) to provide for the promotion of the health and welfare of students and of discipline among them; (24) to make grants to the National Cadet Corps and the National Service Scheme from the University Fund; (25) 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; (26) to acquire, hold and dispose of property, movable and immovable, and to make grants and advances for furthering any of its objects; (27) to accept and administer gifts, endowments and benefactions, for the furtherance of any of its objects for the University or on behalf of any college or institution established by, affiliated to, or recognized by, the University; (28) to institute awards, fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes; (29) 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; (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. 403 The Kalyani University Act, 1981. [West Ben. Act (Chapter 11.—The University and its officers.—Sections 5-8.) Jurisdiction of the University. Delegation of powers. Offieers of the University. The Chancellor. 5. (1) Save as otherwise provided in this Act, the powers of the University conferred by or under this Act shall not extend beyond the local limits of the police-stations specified below, that is to say,— Police-stations of Kalyani, Chakda and Haringhata in the district of Nadia and police-station of Bijpur in the district of 24-Parganas. Explanation.—For the purpose of this sub-section, "the local limits of a police-station" shall mean the local limits thereof in accordance with a notification or notifications issued under clause (s) of sub-section (1) of section 4 of the Code of Criminal Procedure, 1898,.and in force on 5 of 1898. the date of commencement of this Act. (2) No other University shall have jurisdiction to recognize or grant affiliation to any college or institution or centre within the aforesaid limit. (3) Notwithstanding anything contained in sub-section (1), any college, institution or centre situated beyond the limits of any police- station referred to therein may, with the sanction of the State Government, apply to the University for affiliation and the University may, subject to such conditions and restrictions as it may with the approval of the State Government think fit to impose, affiliate to itself such college, institution or centre and admit the same to all the privileges of the University. 6. The University may delegate such of its powers as it may deem expedient to any of 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. 7. The following shall be the officers of the University:— (1) the Vice-Chancellor; (2) the Registrar; (3) the Finance Officer; (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. 404 The Kalvani University Act, 1981. XL of 1981.] (Chapter 11.—The University and its officers.—Section 9.) (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 The Vice- on the unanimous recommendation of the Court. If the Court fails to Chancellor. 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 term of four years or till he attains the age of 65 years, whichever is earlier, and shall be eligible for re-appointment for another term of four years or till he attains the age of 65 years, whichever is earlier. (b) The Chancellor may, notwithstanding the expiration of the term of the office of the Vice-Chancellor or his attaining the age of 65 years, allow him to continue in office till a successor assumes office, provided that he shall not continue as such for any period exceeding six months. (3) The Vice-Chancellor shall be a whole-time officer of the University and shall be paid from the University Fund such salary and allowances as the Chancellor may decide in consultation with the State Government. (4) The Vice-Chancellor may resign his office by writing under his hand addressed to the Chancellor. (5) (a) If 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, then, during the period, of such temporary inability, the Chancellor in consultation with the Minister may appoint any person to exercise the powers and perform the duties of the Vice-Chancellor. (b) When a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation or expiry of the term of his office or otherwise, then, pending the appointment of a Vice-Chancellor, the Chancellor in consultation with the Minister may appoint any person to exercise the powers and perform the duties of the Vice-Chancellor for any period not exceeding six months. (6) The vacancy in the office of the Vice-Chancellor occurring by reason of death, resignation or expiry of the term of his office or otherwise shall be filled up by appointment of a Vice-Chancellor in accordance 405 The Kalvani University Act, 1981. [West Ben. Act (Chapter II.—The University and its officers.—Section10.) 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 to exercise the powers and perform the duties of the Vice-Chancellor under clause (b) of sub-section (5). Powers and duties of the Vice- Chancellor. 10. (1) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall, in the absence of the Chancellor, preside at the meeting of the Court. He shall, by virtue of his office, be a member and the Chairman of the Executive Council and the Faculty Councils for post-graduate and undergraduate studies and also the Chairman of any other authority or body of the University of which he may be a member. He shall also be entitled to be present at and to address any meeting of any other authority or body of the University of which he may not be a member, but shall not be entitled to vote thereat. (2) The Vice-Chancellor shall have the power to convene meetings of the Court, the Executive Council, the Faculty Councils for post- graduate 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, the Regulations and the Rules, are faithfully observed, and to take such action as may be necessary for this purpose. (4) The Vice-Chancellor shall have the power to exercise general control and supervision over all other officers of the University and over all Teachers and other 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, Regulations or Rules. (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 of the authority or body which, in the ordinary course, would have dealt with the matter: Provided that if the action taken by the Vice-Chancellor is not approved by the authority or body concerned, the matter shall immediately be referred to the Chancellor whose decision thereon shall be final. 406 The Kalvani University Act, 1981. XL of 1981.] (Chapter 11.—The University and its officers.—Sections 11-13.) (7j The Vice-Chancellor may, with the approval of the Executive Council, at any time delegate any of his powers other than .the powers referred to in sub-section (6) to any other officer subordinate to him. 11. ( I ) The Registrar 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 Chairman, two nominees of the Executive Council, a nominee of the Chancellor and a nominee of the State Government for such period and on such terms and conditions as may be prescribed by Statutes. (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 total period not exceeding six months, to exercise the posters 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 and the Statutes, the Ordinances or the Regulations,. as the case may be. 13. (I) The Finance Officer 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, two nominees of the Executive Council, a nominee of the Chancellor and a nominee of the State Government, for such period and on such terms and conditions .as may he prescribed by Statutes. (2) The Finance Officer may resign his office by writing under his hand addressed to the Vice-Chancellor. (3) If the Finance Officer is for any reason temporarily unable to exercise the powers or perform the duties of his office, the Vice-Chancellor may, with the approval of the Executive Council, appoint a person temporarily for a total period not exceeding six months, to exercise the powers and perform the duties of the Finance Officer. The Registrar. Powers and duties of the Registrar. The Finance Officer. 407 The Kalyani University Act, 1981. [West Ben. Act Powers and duties of the Finance Officer. Supervisory powers of the Registrar and the Finance aiccr. (Chapter 11—The University and its officers.—Sections 14, 15.— Chapter 111.—Authorities of the University.—Sections 16, 17.) 14. (1) Subject to the supervision, direction and general control of the Vice-Chancellor, the Finance Officer shall be in charge of the administration of the funds, the finances and the properties and assets of the University and of all trusts and endowments; and he shall take special interest in activities that aim at raising funds for the purposes of the University and augmenting 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 this Act and 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 and the Statutes, the Ordinances or the Regulations, as the case may be. CHAP I ER III Authorities of the University. Xnhorities. 16. The following shall be the authorities of the University:— ( I ) the Court; (2) the Executive Council; (3) the Faculty Councils for post-graduate and undergraduate studies; (4) the Boards of Studies; (5) the Finance Committee; (6) such other authorities as may be establised under the Statutes. The Court. 17. (1) The Court shall consist of the following members:— (a) ex officio members (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the immediately preceding Vice-Chancellor; (iv) the Deans of the Faculty Councils for post- graduate and undergraduate studies; (v) the Secretary, Education Department, Government of West Bengal; 408 The Kalyani University Act, 1981. XL of 1981.] (Chapter 111.—Authorities of the University.—Section 17.) (vi) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Deputy Secretary to the Government of West Bengal; (vii) the President, West Bengal Council of Higher Secondary Education; (viii) the President, West Bengal Board of Secondary Education; (ix) the Chairman of the Kalyani Notified Area Authority; (b) other members (x) three Professors of the University Departments, of whom at least one shall belong to any Department under each Faculty Council for post- graduate and undergraduate studies, elected by such Professors; (xi) nine Teachers of the University Departments other than Professors, elected by such Teachers of the University from amongst themselves of whom— (a) four shall be from the Departments under the Faculty Council for Post-Graduate and Undergraduate Studies in Arts including one from the Commerce Department, (b) four shall be from the Departments under the Faculty Council for Post-Graduate and Undergraduate Studies in Science, and (c) one shall be from the Departments under the Faculty Council for Post-Graduate and Undergraduate Studies in Education; (xii) three Teachers, other than Principals, of whom not more than one shall belong to any college, elected by the Teachers of affiliated colleges from amongst themselves; (xiii) two Principals of affiliated colleges of whom one shall belong to a teachers' training college nominated by the Vice-Chancellor by rotation in order of seniority in the manner prescribed; 409 The Kalyani University Act, 1981. [West Ben. Act (Chapter 111.—Authorities of the University.—Section 17.) (xiv) two persons elected by registered graduates from amongst themselves; (xv) one member of the West Bengal Legislative Assembly representing the territorial jurisdiction of the University elected by the members of the West Bengal Legislative Assembly; (xvi) three regular students of the University—one each from any of the Departments under the respective Faculty Council for post-graduate and undergraduate studies—elected by an electoral college constituted in the manner prescribed. Explanation.—Notwithstanding anything contained elsewhere in this Act, a member elected under this clause shall hold office for a period of two years from the date of his election or till he ceases to be a regular student, whichever is earlier; (xvii) one regular student prosecuting his studies in undergraduate or post-graduate degree classes of affiliated colleges elected by an electoral college constituted in the manner prescribed. Explanation.—Notwithstanding anything contained elsewhere in this Act, a member elected under this clause shall hold office for a period of three years from the date of his election or till he ceases to be a regular student, whichever is earlier; (xviii) one Research Scholar or Research Fellow - elected jointly by Research Scholars and Research Fellows. Explanation 1.—"Research Scholar" or "Research Fellow" shall mean a whole-time Research Scholar or Research Fellow of the University who receives a stipend from the University. Explanation II. —Notwithstanding anything contained elsewhere in this Act, a Research Scholar or a Research Fellow 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; 410 The Kalyani University Act, 1981. XL of 1981.] (Chapter 111.—Authorities of the University.—Section 18.) (xix) three members elected by the members of the non-teaching staff of the University from amongst themselves; (xx) one member elected by the officers of the University from amongst themselves; (xx i) one member elected by the members of the non-teaching staff of the colleges affiliated to the University from amongst themselves; (xxii) four persons to be nominated by the State Government of whom— (a) one shall be a member of a registered trade union within the territorial jurisdiction of the University, (b) one shall be member of a peasants' association within the territorial jurisdiction of the University, (c) one shall be a member of a primary school teachers' association within the territorial jurisdiction of the University, and (d) one shall be a member of a secondary school teachers' association within the territorial jurisdiction of the University; (xxiii) two persons having special interest in the University education nominated by the Chancellor. (2) All elections to the Court shall be held in the manner prescribed by Statutes. 18. ( I ) Subject to such conditions as may be provided by or under the provisions of this Act, the Court shall exercise the following powers and perform the following functions:— (i) to establish University Departments, institutions, centres, libraries, laboratories and museums for study and research; (ii) to create and institute, with the approval of the State Government, Professorships, Readerships, Lectureships, and such posts including posts of officers as may be necessary for the establishment of the University Departments, institutions, centres, libraries, laboratories and museums referred to in clause (i); (iii) to institute degrees, titles, diplomas, certificates and other academic distinctions; (iv) to institute fellowships, travelling fellowships, scholarships, studentships, stipends • bursaries, exhibitions, medals and prizes to be awarded out of the University Fund; Powers and functions of the Court. 411 The Kalyani University Act, 1981. [West Ben. Act (Chapter 111—Authorities of the University.—Section 18.) (v) to confer degrees, titles, diplomas, certificates and other academic distinctions on persons who— (a) have pursued prescribed courses of studies or have been exempted therefrom in the manner prescribed, and have passed such examinations as may be prescribed; or (b) have carried on research in accordance with such conditions as may be prescribed; (vi) to withdraw or to cancel degrees, titles, diplomas, certificates or other academic distinctions under such conditions as may be prescribed by Statutes and after giving the person affected a reasonable opportunity to present his case; (vii) to confer honorary degrees or other academic distinctions; (viii) to consider the Annual Statement of Accounts, the Audit Report in respect of the Annual Statement of Accounts, the Internal Audit Report and the Annual Budget approved by the Executive Council and to pass such resolutions relating thereto as may be considered necessary: Provided that for the purpose of passing a resolution adopting, modifying or rejecting the Annual Budget, it shall be necessary for a majority of the total membership of the Court to vote in favour of the resolution; (ix) to consider the Annual Report as prepared by the Executive Council and to pass such resolutions relating thereto as may be considered necessary; (x) to consider, and adviSe on, such other reports from the Executive Council or any other body as may be made to it; (xi) to consider, and advise on, proposals from the Executive Council for entering into agreement with the Government or. with the approval of the State Government, 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; 412 The Kalyani University Act, 1981. XL of 1981.1 (Chapter III.—Authorities of the University.—Sections 19, 20.) (xi ii) to consider and suggest measures for the improvement of the administration and finances of the University, and generally for the furtherance of its objectives; (xiv) to make rules for the transaction of its own business; (xv) to exercise all other powers and perform all other functions conferred and imposed on the Court by or under this Act. (2) The Court shall not exercise the powers and perform the functions referred to in clauses (i) to (vii) of sub-section (1) except on the 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 that if 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 Meetings of than for convocation, on dates to be fixed by the Vice-Chancellor. One the Court. of such meetings shall be held before March and shall be called the Annual Meeting. The Court may also meet at such other times as it may, from time to time, decide. (2) One-third of the total number of members of the Court plus one shall be a quorum for a meeting of the Court: Provided that such quorum shall not be required at a convocation. (3) The Vice-Chancellor may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than one-third of the total number 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 Counc members:— (a) ex officio members (i) the Vice-Chancellor; (ii) the Deans of the Faculty Councils for post-graduate and undergraduate studies; (iii) the Secretary, Education Department, Government of West Bengal; 1 shall consist of the following The Executive Council. 413 The Kalyani University Act, 1981. [West Ben. Act (Chapter Ill.—Authorities of the University.—Section 20.) (iv) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Deputy Secretary to the Government of West Bengal; (v) the President, West Bengal Council of Higher Secondary Education; (b) other members (vi) three Professors of the University not belonging to the same Faculty Council for post-graduate and undergraduate studies elected jointly by the Professors of the University; (vii) five post-graduate Teachers other than Professors of whom at least one shall be from each of the Faculty Councils for post-graduate and undergraduate studies, elected jointly by such Teachers of the University as are members of the Faculty Councils for post-graduate and undergraduate studies from amongst themselves; (viii) one post-graduate Teacher elected by such Teachers of the University as are members of the Court from amongst themselves; (ix) one person, other than a Teacher or a student or a member of the non-teaching staff or an officer, elected by the members of the Court from amongst themselves; (x) the member elected under clause (xv) of sub-section ( I ) of section 17; (xi) the member elected under clause (xx) of sub-section (1) of section 17; (xii) one non-teaching staff 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; (xiii) (a) two persons of whom (i) one shall be a Teacher of an affiliated college, and (ii) one shall be a Principal of an affiliated College, elected by such Teachers of the affiliated colleges as are members of the Court from amongst themselves; 414 The Kalyani University Act, 1981. XL of 1981.] (Chapter 111—Authorities of the University.—Section 21.) (b) one post-graduate student elected by such students as are members of the Court from amongst themselves; (xiv) 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 functions:— (i) to initiate proposal 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 and undergraduate studies, the establishment of University Departments, institutions, centres, libraries, laboratories and museums for study and research; (iii) to maintain University Departments, University institutions, University libraries, University laboratories and University museums; (iv) to establish, maintain, manage and recognize Halls and Hostels; (v) to direct the inspection of University libraries, University laboratories, University museums, Halls and Hostels; (vi) to recommend to the Court, after consulting the respective Faculty Councils for post-graduate and undergraduate studies, the institution of fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes, the expenses of which shall be met from the University Fund, and to award the same after institution thereof by the University; (vii) to recommend to the Court after consulting the respective Faculty Councils for post-graduate and undergraduate studies, the creation and institution of Professorships, Readerships, Lectureships and such posts as may be necessary for the establishment of the University Departments, institutions, centres, libraries, laboratories and museums referred to in clause (i) of sub-section (1) of section 18; Powers and functions of the Executive Council. 415 The Kalvani University Act, 1981. [West Ben. Act (Chapter 111.—Authorities of the University.—Section 21.) (viii) to create, with the approval of the State Government, posts of officers, Teachers and other employees of the University or to recommend to the Court for creation of posts of officers and Teachers of the University; (ix) to prescribe the minimum qualifications for posts of officers, Teachers and other employees of the University; (x) to appoint Teachers, officers and other 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 other employees; (xi) to pass appropriate orders on the basis of the recommendation of the respective Faculty Council for post-graduate and undergraduate studies regarding affiliation of a college or an institution in one or more subjects or withdrawal of affiliation or recognition of a college or an institution or temporary take over of the management of an affiliated or a recognised college or institution; (xii) to make draft of Statutes, on the recommendation of the respective Faculty Council for post-graduate and undergraduate studies, for colleges, other than Government Colleges, prescribing the constitution, powers and functions of their Governing Bodies; (xiii) to determine, with the approval of the State Government, the terms and conditions of service of Librarians and non- teaching staff of all colleges other than Government Colleges; (x v) to make rules for Teachers' Council for colleges and with the approval of the State Government, rules for provident fund for colleges other than Government Colleges; (xv) to prescribe and collect fees or charges for the registration of students and their admission to courses of studies organised by the University, for holding examinations, for the grant of degrees, diplomas and certificates, and for other like purposes; (xvi) to recommend to the Court after consulting the respective Faculty Councils for post-graduate and undergraduate studies, the institution of degrees, titles, diplomas, certificates and other academic distinctions; 416 The Kalyani University Act, 1981. XL of 1981.] (Chapter Ill.—Authorities of the University.—Section 21.) (xvii) to recommend to the Court, on the advice of the appropriate body, the conferment of degrees, titles, diplomas, certificates and other academic distinctions on persons who have pursued prescribed courses of studies or have been exempted therefrom in the prescribed manner, and have passed such examinations, or have carried on research under such conditions, as may be prescribed; (xviii) to approve the constitution or reconstitution of the respective department of teaching in the University on the recommendation of the respective Faculty Council for post- graduate and undergraduate studies; (xix) to recommend to the Court the conferment of honorary degrees and other academic distinctions; (xx) to make regulations regarding the courses of studies and the division of subjects after obtaining and considering the recommendation of the Faculty Councils for post-graduate and undergraduate studies in this regard; (xx ) to make regulations regarding the examinations which shall be recognized as the equivalent examinations held by the University; (xxii) to make regulation regarding all other matters which may be or are required to be prescribed or provided for by regulations; ( xxiii) to make regulations regarding the conduct of examinations held by the University and the condition under which students may be admitted to the different course of studies of and
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