The Presidency University Act, 2010
West Bengal · state statute
Open in Lexace · Ask the AI about this actRegistered No. WB/SC-247 No. WB(Part-III)/2010/SAR-16 °Ikeda wtte q4T-44gli Extraordinary Published by Authority ASADHA 16] WEDNESDAY, JULY 7, 2010 [SAKA 1932 PART III—Acts of the West Bengal Legislature. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 1047-L.-7th July, 2010.—The following Act of the West Bengal Legislature, having been . assented to by the Governor, is hereby published for general information:— West Bengal Act XIII of 2010 THE PRESIDENCY UNIVERSITY ACT, 2010. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 7th July, 2010.] An Act to provide for constitution of the Presidency University and for certain matters connected therewith and incidental thereto. WHEREAS it is expedient to confer on Presidency College, a Government College with rich heritage, the status of a University to enable it to function more efficiently as a teaching, training and research centre in various branches of learning and courses of study, especially in Humanities, Social and Basic Sciences, and promoting advancement and dissemination of knowledge and learning, and 2 THE KOLKATA. GAZETTE, EXTRAORDINARY, JULY 7, 2010 [PART HI The Presidency University Act, 2010. (Chapter I.— Preliminary.— Sections 1,2.) extending higher education, to meet the requirement of higher education and research in the subjects and to avail scope and opportunities to serve the society and the nation; It is hereby enacted in the Sixtieth Year of the Republic of India, by the Legislature of the West Bengal, as follows:— CHAPTER I Preliminary Short title and 1. (1) This Act may be called the Presidency University Act, 2009. commencement. (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. 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 55; (2) "college" means erstwhile Presidency College, Kolkata; (3) "convocation" means a meeting of the court for the purpose of conferring degrees, titles, diplomas, certificates or other academic distinctions; (4) "employee" in relation to the University means a person employed by the University; (5) "financial year" means the year ending on the 31st day of March; (6) "Governor" means the Governor of the State of West Bengal; (7) "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; (8) "Minister" means the Minister-in-charge of Higher Education Department, Government of West Bengal appointed as such by the Governor; (9) "non-teaching staff' means 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; (10) "officer" means an officer of the University; (11) "prescribed" means prescribed by Statutes, Ordinances, Regulations and Rules made under this Act; (12) "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 prescribed by Regulations; (13) "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 as prescribed; PART LII] THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 7, 2010 3 The Presidency University Act, 2010. (Chapter II.— The University and its Officers.— Section 3.) (14) "State Government" means Government of West Bengal in the Higher Education Department; (15) "Statutes", "Ordinances", "Regulations" and" Rules" mean, respectively, the Statutes, Ordinances, Regulations and Rules 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 Postgraduate course of study of the University; (17) "Students' Union" means the Students' Union constituted in such manner as may be prescribed; (18) "Teacher of the University" means a Professor, Associate Professor, Assistant Professor, or any other person, holding a teaching post including a part-time teaching post, appointed or recognized as such by the University for the purpose of imparting instruction and conduction of research in the University; (19) "University" means the Presidency University constituted under this Act; (20) "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; (21) "University Laboratory", "University Library", "University Museum", or "University Institution" mean 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; (22) "University Professor", "University Associate Professor" or "University Assistant Professor" mean a Professor including Distinguished Professor, Chair Professor, Adjunct Professor, Associate Professor and Assistant Professor respectively appointed or recognized as such by the University. CHAPTER II The University and its Officers The University. 3. (1) The first Chancellor and the first Vice-Chancellor of the University and the first members of the Court and the Executive Council, and all persons who may hereafter become the Chancellor or the Vice-Chancellor of the University or the members of the Court or the Executive Council, so long as they continue to hold such office or membership, shall constitute a body corporate by the name of the Presidency University. (2) The University shall have perpetual succession and a common seal and shall sue and be sued by the name of the Presidency University. 4 THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 7, 2010 [PART III The Presidency University Act, 2010. (Chapter II.— The University and its Officers.— Section 4.) Powers of the 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 advanceinent and dissemination of knowledge and learning, and the extension of higher education with special emphasis on providing high quality education in Humanities, Social and Basic Sciences both at the undergraduate and Postgraduate levels to the students from all strata of the society including the disadvantaged ones; (2) to establish, maintain and manage libraries, laboratories, workshops, museums, schools, 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 schools 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, learned societies and industries within as well as outside India in matters that relate to the furtherance of the objectives of the University; (5) to take appropriate measures for maintenance of standard and enhancement-of quality in higher education; (6) to institute 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 prescribed and shall have passed the prescribed examinations of the University, or shall have carried on research under conditions prescribed; (8) 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; (9) to confer honorary degrees or other academic distinctions under conditions prescribed; (10) to institute Professorships including Distinguished Professorship or Chair Professorship or Adjunct Professorship, Associate Professorship, Assistant Professorship and other teaching posts required by the University with the approval of the State Government and to appoint persons to such posts or to recognize persons as Professors, Associate Professors, Assistant Professor 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 approval by the State Government; (12) 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 as may be prescribed; PARI-111J THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 7, 2010 5 The Presidency University Act, 2010. Delegation of powers. The Chancellor. (Chapter II.— The University and its Officers.— Sections 5,6.) (13) to prescribe, 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; (15) to prescribe fees and other charges for admission, registration and examinations and such other purposes, and to demand and receive the fees or other charges so prescribed; (16) to establish, maintain and manage halls and hostels and to withdraw the recognition thereof; (17) to provide for the promotion of the health and welfare of students and of discipline among them; (18) to extend grant to the National Service Scheme and National Cadet Corps from the University Fund; (19) 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; (20) to acquire, hold and dispose of property, movable and immovable and to make grants and advances for furthering any of its objectives; (21) 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 school or centre established by or recognized by the University, and to institute awards, fellowships, traveling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes; (22) to accept grants and to raise loans or to accept loans from the Central Government or any State Government or the University Grants Commission, and with the approval of the State Government also from the other sources; (23) 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; (24) 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; (25) to introduce interdisciplinary or multidisciplinary integrated courses in selected subjects; (26) 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. The University may delegate such of its powers as it may deem expedient to any of its authorities referred to in section 15 or to any of its officers, and may, at any time, withdraw at its discretion any power so delegated. 6. (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 over the meetings of the Courts 6 THE •KOLKATA GAZETTE, EXTRAORDINARY, JULY 7, 2010 [PART III The Presidency University Act, 2010. Officers of the University. The Vice-Chacellor. (Chapter II.— The University and its Officers.— Sections 7,8.) (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. 7. The following shall be the officers of the University :— (a) the Vice-Chancellor; (b) the Registrar; (c) the Finance Officer; and (d) Persons holding such other posts as may be declared by Statutes to be posts of officers of the University. 8. (1) The Vice-Chancellor shall be appointed by the Chancellor on the unanimous recommendation of the Court. If the Court fails to make any such unanimous recommendation, the Vice-Chancellor shall be appointed by the Chancellor in consultation with the Minister from a panel of three persons to be elected by the Court in accordance with the system of proportional representation by means of the single transferable vote. (2) (a) The Vice-Chancellor shall hold office for a period of four years or till he attains the age of 65 years, whichever is earlier, and shall, subject to the provisions of this section, be eligible for re-appointment for a further period not exceeding four years. (b) The Chancellor may, notwithstanding the expiration of the term of the office of Vice-Chancellor or his attaining the age of 65 years, allow him to continue in office till a successor assumes office, provided that he shall not continue as such for any period exceeding six months. (3) The Vice-Chancellor shall be a whole-time officer of the University and shall be paid from the University Fund such pay and allowances as the Chancellor may decide in consultation with the State Government. (4) The Vice-Chancellor may resign his office by writing under his hand addressed to the Chancellor. (5) If — (a) the Vice-Chancellor is, by reason of leave, illness or other cause, temporarily unable to exercise the powers and perform the duties of his office, or (b) a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation or expiry of the term of his office, removal or otherwise, then during the period of such temporary inability or pending the appointment of a Vice-Chancellor, as the case may be, the Chancellor may, in consultation with the Minister, appoint any person to exercise the powers and perform the duties of the Vice- Chancellor. PART Ill] THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 7, 2010 7 The Presidency University Act, 2010. (Chapter II.— The University and its Officers.— Sections 9,10.) Powers and 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. 9. (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 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 Studies and of any other authority or body of the University. (3) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act, and the Statutes, the Ordinances and the Regulations, are faithfully observed and to take such action as may be necessary for this purpose. (4) The Vice-Chancellor shall have the power to exercise general control and supervision over all other officers of the University and over all Teachers and employees of the University and generally over all the affairs of the University. (5) The Vice-Chancellor shall exercise such other powers and discharge such other duties as may be delegated to him by any authority or body of the University or as may be prescribed by Statutes, Ordinances or Regulations. (6) The Vice-Chancellor may take on behalf of the University such action as he may deem expedient in any matter which, in his opinion, is either urgent or of an emergent nature and shall report the same for confirmation at the next meeting to the authority or body which, in the ordinary course, would have dealt with the matter: Provided that if the action taken by the Vice-Chancellor is not approved by the authority or body concerned, the matter shall immediately be referred to the Chancellor whose decision thereon shall be final. (7) The Vice-Chancellor may, with the approval of the Executive Council, delegate any of his powers (other than the power referred to in sub-section (6) to any other officer subordinate to him. 10. (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. The Registrar. 8 THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 7, 2010 [PART III The Presidency University Act, 2010. (Chapter II.— The University and its Officers.— Sections 11-14. Chapter Authorities of the University.— Section 15.) (2) The Registrar may resign his office by writing under his hand addressed to the Vice-Chancellor. Powers and duties of the Registrar. The Finance Officer. Powers and duties of the Finance Officer. Supervisory Powers of the Registrar and the Finance Officer. Authorities. (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. 11. 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. 12. (1) The Finance Officer shall be a whole-time officer of the. University. He shall be appointed by the Executive Council on the recommendation of a committee consisting of the Vice-Chancellor as the Chairman, a nominee of the Chancellor, two nominees of the Executive Council and a nominee of the State Government for such period and on such terms and conditions as may be prescribed by or under this Act. (2) The Finance Officer may resign his office by writing under his hand addressed to the Vice-Chancellor. (3) If the Finance Officer is for any reason temporarily unable to exercise the powers and perform the duties of his office, the Vice-Chancellor, with the approval of the Executive Council, may appoint a person temporarily for a period not exceeding six months to exercise the powers and perform the duties of the Finance Officer. 13. (1) Subject to the supervision, direction and general control of the Vice- Chancellor, the Finance Officer shall be in charge of the administration of the funds, the finances and the properties and assets of the University and of all trusts and endowments; and he shall take special interest in activities that aim at raising funds for the purposes of the University and for augmenting the resources of the University. (2) The Finance Officer shall exercise such other powers and perform such other duties as may be prescribed or delegated to him by or under the provisions of this Act, the Statutes, the Ordinances or the Regulations, as the case may be. 14. In their respective spheres of duties, the Registrar and the Finance Officer shall, subject to the provisions of this Act, have the power of supervision and control over all officers and employees serving in departments under their charge and shall exercise such disciplinary power as may be conferred on them by or under this Act or by the Statutes or Ordinances or the Regulations, as the case may be. CHAPTER III Authorities of the University 15. The following shall be the authorities of the University :--- (1) 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; and such other authorities as may be established under the Statutes. THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 7, 2010 9 The Presidency University Act, 2010. The Court. (Chapter III.— Authorities of the University.— Section 16.) 16. (1) The Court shall consist of the following :— (a) ex-officio members: (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the Registrar; (iv) the immediately preceding Vice-Chancellor; (v) the Secretary, Higher Education Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal; (vi) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the. Government of West Bengal; (vii) the President, West Bengal Council of Higher Secondary Education; (viii) the Chairman, West Bengal College Service Commission; (ix) the Deans of the Faculty Councils for Post-Graduate and Undergraduate Studies; (b) elected members: (x) not more than three Professors of the University Departments elected by such Professors of whom at least one shall belong to any Department under each Faculty Council for Post graduate and Undergraduate studies and preferably not more than one from any other department; (xi) not more than six teachers of University Departments other than Professors elected by such teachers from amongst themselves of whom at least one shall belong to any Department under each Faculty Council for Post graduate and Undergraduate studies and not more than one from any other department; (xii) one member of the West Bengal Legislative Assembly elected from amongst themselves, if they are not already members of the Court; (xiii) one person nominated by the Chancellor other than a person from the teaching profession; (xiv) two regular post-graduate students of the University, not more than one from any Faculty Council for Post-Graduate and Undergraduate Studies elected by an electoral college of such students constituted in the manner prescribed; 10 THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 7, 2010 [PART III The Presidency University Act, 2010. (Chapter Ill.— Authorities of the University.— Section 16.) Explanation 1.—"regular post-graduate student" shall mean a student who has been prosecuting his studies in a Post- graduate Department of the University under any Faculty Council for Post-Graduate 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. Explanation IL—Notwithstanding anything contained elsewhere in this Act, a regular post-graduate student elected under this clause shall hold office from the date of his election and for a period of two years or till he ceases to be a regular post-graduate student, whichever is earlier; (xv) three regular students, of whom at least one shall be a lady student, prosecuting their studies in undergraduate degree classes of the University, elected by an electoral college of such students constituted in the manner prescribed; Explanation 1 —"regular student" shall mean a student who has been prosecuting his studies in any stream in an undergraduate degree class of the University 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. Explanation II.—"Notwithstanding anything contained elsewhere in this Act, a regular student elected under this clause shall hold office from the date of his election and for a period of three years or till he ceases to be a regular student, whichever is earlier; (xvi) one Research Scholar or Research Fellow of the University elected by the Research Scholars and the Research Fellows of the University; Explanation 1.—"Research Scholar or Research Fellow of the University" shall mean a whole-time Research Scholar or Research Fellow of the University who receives a stipend from the University or State Agencies or Central Agencies; Explanation IL—Notwithstanding anything contained elsewhere in this Act, a Research Scholar or Research Fellow of the University elected under this clause shall cease to hold office on the expiration of the term of Research Scholarship or Research Fellowship, as the case may be; (xvii) three members elected by the members of the non- teaching staff of the University from amongst themselves; (xviii) one member elected by the officers and the supervisory staff of the University from amongst themselves; PART 1111 THE KOLKATA GALE11 h, EXTRAORDINARY, JULY 7, 2010 11 The Presidency University Act, 2010. Powers and Duties of the Court. (Chapter III.—Authorities of the University.— Section 17.) (xix) one person to be elected by the Librarian or Deputy Librarian or Assistant Librarian of the University from amongst themselves; (xx) three persons one of whom must be a woman elected by the registered graduates from amongst themselves. (2) All elections to the Court shall be held in the manner prescribed by Statutes. The Registrar shall act as the Secretary of the Court. 17. (1) Subject to such conditions as may be provided by or under the provisions of this Act, the Court shall exercise the following powers and perform the following duties:— (i) to establish University Departments, Schools, Centres, or any such institutions, libraries, laboratories and museums of study and research; (ii) to create and institute Professorships including Distinguished Professorships or Chair Professorships or Adjunct Professorships, Associate Professorship, Assistant Professorship, and such posts including posts of officers as may be necessary for the establishment of the University Departments, Schools, Centres or any such institutions, libraries, laboratories and museums referred to in clause (i) with the approval of the State Government; (iii) if necessary to re-designate each or any one of the category of posts as mentioned in clause (ii) with the prior approval of the State Government; (iv) to institute degrees, titles, diplomas, certificates and other academic distinctions; (v) to institute fellowships, traveling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes to be awarded out of the University Fund; (vi) to confer degrees, titles, diplomas, certificates and other academic distinctions on persons who— (a) have pursued prescribed courses of studies or have been exempted therefrom in the manner 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; (vii) 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; (viii) to confer honorary degrees or other academic distinctions; 12 TIE KOLE-AEA GAZETTE, DCFRAORD1NARY, JULY 7; 2010 [PART III The Presidency University Act, 2010. Meetings of the Court. (Chapter III.— Authorities of the University.— Section 18.) (ix) to consider the Annual Statement of Accounts and the Annual Financial Estimates approved by the Executive Council and to pass such resolutions relating thereto as may be considered necessary : Provided that for the purpose of passing a resolution modifying or rejecting any such Annual Financial Estimates it shall be necessary for a majority of the total number of members of the Court existing at the time to vote in favor of the resolution; (x) to consider the Annual Report as prepared by the Executive Council and to pass such resolutions relating thereto as may be considered necessary; to consider, and advise on, such other reports from the Executive Council or any other body as may be made to it; (xii) to consider, and advise on, proposals from the Executive Council for entering into agreement with the Government or with any person, body or authority for the taking over by the University of the management of any college or institution, including its assets and liabilities, or for any other purpose not repugnant to the provisions of this Act; (xiii) to consider, and advise on, proposals from the Executive Council for co-operation with other universities, research institutions, learned societies and educational authorities in matters that relate to, or furtherance of, the academic objectives of the University; (xiv) to consider and suggest measures for the improvement of the administration and fmances of the University, and generally for the furtherance of its objectives; \ (xv) to make rules for the transaction of its own business; (xvi) to exercise all other powers and perform all other functions conferred and imposed on the Court by or under this Act. (2) The Court shall not exercise the powers and perform the duties referred to in clauses (i) to (viii) of sub-section (1) except on the recommendation of the Executive Council but may send proposals in respect thereof to the Executive Council for its recommendation. (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. 18. (1) The Court shall meet at least thrice in a fmancial year, other than for convocation, on dates to be fixed by the Vice-Chancellor. One of such meetings shall be held before March and shall be called the Annual Meeting. The Court may also meet at such other times as it may decide. (2) One-third of the total number of members of the Court shall be a quorum for a meeting of the Court: Provided that such quorum shall not be required at convocation. Parr III] THE KOLKATA GAZEI 1E, EXTRAORDINARY, JULY 7, 2010 13 The Presidency University Act, 2010. The Executive Council. (Chapter III.— Authorities of the University.-- Section 19.) (3) The Vice-Chancellor may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than fifty per cent of the total number of the 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. 19. (1) The Executive Council shall consist of the following :— (a) ex officio members: (i) the Vice-Chancellor; (ii) the Secretary, Higher Education Department, Government of West Bengal or his nominee not below the rank of Joint Secretary, Higher Education Department, Government of West Bengal; (iii) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Joint Secretary, Finance Department, Government of West Bengal; (iv) the Deans of the Faculty Councils for Post-Graduate and Undergraduate Studies ; (v) the Member Secretary, West Bengal State Council of Higher Education; (vi) the President, West Bengal Council of Higher Secondary Education; (b) other members: (vii) one Professor of the University elected by such Professors of the University as are members of the Faculty Councils for Post- Graduate and Undergraduate Studies from amongst themselves; (viii) one teacher other than the Professors of the University elected by such teachers of the University as are members of the Faculty Councils for Post-Graduate and Undergraduate Studies from amongst themselves; (ix) one Professor of the University elected by such Professors of the University as are members of the Court from amongst themselves; (x) one teacher other than the Professors of the University elected by such teachers of the University as are members of the Court from amongst themselves; (xi) one non-teaching employee of the University elected by such non-teaching employees of the University as are members of the Court from amongst themselves; (xii) one student either from Postgraduate or Undergraduate courses elected by all students as are members of the Court from amongst themselves; 14 THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 7, 2010 [PART III The Presidency University Act, 2010. (Chapter HI.— Authorities of the University.— Section 20.) (xiii) one member of the West Bengal Legislative Assembly, who is also a member of the Court; (xiv) one person elected by the Officers and Supervisory staff of the University from amongst themselves; (xv) one person nominated by the Chancellor. (xvi) two persons to be nominated by the State Government from amongst the scientists, engineers or technologists, professionals or members of the learned societies. Powers and duties of the Executive Council. (2) The Registrar will act as the Secretary of the Council. (3) All elections to the Executive Council shall be held in the manner prescribed by Statutes. (4) One-third of the total number of members shall be a quorum for a meeting of the Executive Council. 20. Subject to the provisions of this Act, the Executive Council shall exercise the following powers and perform the following duties :— (i) to. initiate proposals for the making of Statutes and Ordinances including proposals for amendment or repeal thereof, in the manner hereinafter provided; to recommend to the Court, after consulting the respective Faculty Councils for Post-Graduate and Undergraduate Studies, the establishment of University Departments, schools, centre and such other institutions, libraries, laboratories and museums for study and research; (iii) to maintain University Departments, Schools, Centres and such other institutions, University libraries, University laboratories and University museums; (iv) to establish, maintain and manage halls and hostels; (v) to direct the inspection of University libraries, University laboratories, University museums and 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, traveling fellowships, scholarships, stipends, bursaries, exhibitions, medals and prizes, the expenses of which shall be met from the University Fund, and to award the same after institution thereof by the Court; (vii) to recommend to the Court, after consulting the respective Faculty Councils for Post-Graduate and Undergraduate Studies, the creation and institution of Professorships including Distinguished Professorship or Chair Professorship or Adjunct Professorship, Associate Professorship, Assistant Professorship and posts as may be necessary for the establishment of the University Departments, Schools, Centres, and any such institutions, libraries, laboratories and museums referred to in clause (i) of sub-section (1) of section 17; PART taj THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 7, 2010 15 The Presidency University Act, 2010. (Chapter 111.— Authorities of the University.— Section 20.) (viii) to create posts of Officers and employees of the University or to recommend to the Court for such creation, with the approval of the State Government; (ix) if necessary, to re-designate all or any of the posts under this section or to recommend to the Court for such re-designation with prior approval of the State Government; (x) to appoint Teachers, Officers and employees of the University and to fix their emoluments and define their duties and other terms and conditions of service in accordance with the Statutes and the Ordinances and to suspend, discharge or otherwise punish in accordance with the Statutes and the Ordinances such Teachers, Officers and employees; (xi) to prescribe 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; • (xii) 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; (xiii) 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; (xiv) to recommend to the Court the conferment of honorary degrees and other academic distinctions; (xv) to approve the constitution or reconstitution of the respective department of teaching on the recommendation of the respective Faculty Council for Post-Graduate and Undergraduate Studies; (xvi) to make regulations and syllabi regarding the courses of studies and the division of subjects including interdisciplinary or multidisciplinary approach for integrated courses in selected subjects after obtaining and considering the recommendation of the Faculty Councils for Post-Graduate and Undergraduate Studies in this regard; (xvii) to make regulations regarding the examinations which shall be recognised as the equivalent examinations held by the University; (xviii) to make regulations regarding the conduct of examinations held by the University and the conditions under which students may be admitted to the different courses of studies of and the examinations held by the University; (xix) to make regulations regarding all other matters which may be or are required to be prescribed or provided for by regulations; THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 7, 2010 [PART III 16 The Presidency University Act, 2010. (Chapter III.— Authorities of the University.— Section 20.) (xx) to give directions regarding the form, custody and use of the common seal of the University; (xxi) to acquire, hold and dispose of property, movable and immovable, and to administer all assets, properties and funds of the University, and to undertake all measures necessary or desirable for the conservation or augmentation of the resources of the University: Provided that for the purpose of disposing of any property valued at not less than one lakh of rupees previous approval of the Court shall be necessary; (xxii) to accept and administer gifts, endowments and benefactions for the furtherance of the purposes of this Act; (xxiii) to accept grants and to raise or accept loans on behalf of the University and to make grants or advances from the University fund or other special funds maintained by the University; (xxiv) to enter into an agreement with the Government or with any person, body or authority for the taking over by the University of the management of any college or institution, including its assets and liabilities, or for any other purpose not repugnant to the provisions of this Act on the recommendation of the Faculty Council for Post-Graduite and Undergraduate Studies; (xxv) to manage the Press Establishment, the Publication Bureau and the Employment Bureau of the University and to exercise general supervision over Students' Unions, University Extension Board, University Sports Board and other bodies instituted by the University; (xxvi) to approve the Annual Statements of Accounts and the Annual Financial Estimates of the University and to submit the same to the Court for consideration; (xxvii) to prepare the Annual Report and submit the same to the Court for consideration; (xxviii)to make due provision for the health, welfare, residence and discipline of students and their relationship with the University and to provide for such other training of students as may be considered desirable; (xxix) to co-operate with other Universities, Institutions, Associations, Societies or Bodies on such terms and for such purposes, not inconsistent with the purposes of this Act, as it may determine; (xxx) to institute Collaborative Teaching and Research Programmes with other universities and prescribe modalities for Credit Transfer and Award of Joint Degrees in a manner not inconsistent with the purposes of this Act; (xxxi) to make rules for the transaction of its own business; PART THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 7, 2010 17 The Presidency University Act, 2010. The Faculty Councils for Post- Graduate and Undergraduate Studies. (Chapter III.— Authorities of the University.— Section 21.) (xxxii) to exercise all other powers and perform all other functions conferred and imposed on, the Executive Council by or under this Act; (xxxiii) to exercise general supervision over the Faculty Councils for Post-Graduate and Undergraduate Studies and give such directions to these Councils for the due discharge of their respective duties as it may consider necessary. 21. (1) There shall be the following Faculty Councils for Post-Graduate and Undergraduate Studies :— (a) the Faculty Council for Post-Graduate and. Undergraduate Studies and in Arts; (b) the Faculty Council for Post-Graduate and Undergraduate Studies in Science; (c) any other Faculty Council which may be established by the University in this regard in such manner as may be prescribed. (2) Each Faculty Council for Post-Graduate and Undergraduate Studies shall consist of the following members:— (i) the Vice-Chancellor — Chairman; (ii) the Dean of the Faculty Council concerned; the Head or Heads of the Department or Departments concerned, if any; (iv) the Professor or Professors of the Department or Departments concerned, if any; (v) five Teachers of the University, other than Professors belonging to the Faculty Councils concerned, to be elected by such Teachers from amongst themselves; (vi) not more than three persons having special knowledge in the subject or subjects concerned nominated by the Vice-Chancellor from a panel of six recommended by the Executive Council', (vii) the Faculty Council concerned may co-opt such Dean or Deans from any other faculty council as it may considered necessary. (3) Each Faculty Council for Post-graduate and Undergraduate Studies shall have a Secretary. The Secretary shall be a member of the Faculty Council: Provided that in the absence of the Secretary, the R
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