The Raiganj University Act, 2014
West Bengal · state statute
Open in Lexace · Ask the AI about this actMAGHA 1] WEDNESDAY, JANUARY 21, 2015 [SAKA 1936 EiIkea Gagne RTslitiq Extraordinary Published by Authority Registered No. WB/SC-247 No. WB(Part-III)/2015/SAR-8 PART III—Acts of the West Bengal Legislature. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 85-L.-21st January, 2015.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XXVI of 2014 THE RAIGANJ UNIVERSITY ACT, 2014. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 21st January, 2015.] An Act to provide for constitution of the Raiganj University and for certain matters connected therewith and incidental thereto. WHEREAS it is expedient to constitute Raiganj University in the district of Uttar Dinajpur on the land and properties of the existing Raiganj College (University College) by abolishing the existing Raiganj College (University College), 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; It is hereby enacted in the Sixty-fifth Year of the Republic of India, by the Legislature of the West Bengal, as follows:— 2 THE KOLKATA GAZE FIE, EXTRAORDINARY, JANUARY 21, 2015 [PART III The Raiganj University Act, 2014. (Chapter I.—Preliminary—Sections 1, 2.) CHAPTER I Preliminary Short title and commencement. Definitions. 1 . (1) This Act may be called the Raiganj University Act, 2014. (2) This section, section 61 and section 62 shall come into force at once; and the remaining provisions of this Act shall come into force on such date or dates as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act. 2. In this Act, unless there is anything repugnant to the subject or context,— (1) "appointed day" means the date referred to in sub-section (5) of section 61; (2) "affiliated" in relation to a college or an institution means affiliated to the Raiganj 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) "existing college" means the Raiganj College (University College); (9) "financial year" means the year ending on the 31st day of March; (10) "Government college" means a college which is maintained and managed by the Government of West Bengal; (11) "Governor" means the Governor of the State of West Bengal; (12) "hall" or "hostel" means a unit of residence of students maintained by the University; (13) "Librarian" means,— (a) in relation to the University, a Librarian or any other person holding a post of Librarian, by whatever name called, appointed or recognized as such by the University, and PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 21, 2015 3 The Raiganj University Act, 2014. (Chapter I.—Preliminary—Section 2.) (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; (14) "Minister" means the Minister-in-charge, Department of Higher Education appointed as such by the Governor; (15) "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; (16) "prescribed" means prescribed by rules made under this Act; (17) "Principal" means the head of a college or of an institution, by whatever name called; (18) "private college" means a college which is fully financed, maintained and managed by private organization; (19) "professional college" means a college affiliated to the University in which instruction is provided primarily for courses of study leading to any degree, diploma or certificate of the University in any professional subject and which is recognized under this Act as a professional college; (20) "professional subject" means any of the 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; (21) "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; (22) "State Government" means the Government of West Bengal in the Higher Education Department; (23) "Statutes", "Ordinances", and "Regulations" shall mean respectively, the Statutes, Ordinances and Regulations made under this Act; (24) "Students' Council" means,— (a) in relation to the University, the Students' Council constituted in the manner provided in the Regulations; and (b) in relation to an affiliated college, the Students' Council constituted in the manner provided in the Regulations; (25) "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; (26) "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; (27) "University" means the Raiganj University as constituted under this Act; 4 THE KOLKATA GAZET 1E, EXTRAORDINARY, JANUARY 21, 2015 [PART III The Raiganj University Act, 2014. (Chapter 11.—University and its Officers.—Sections 3, 4.) (28) "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; (29) "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. CHAPTER II University and its Officers The University. Powers of the University. 3. (1) The Chancellor and the first Vice-Chancellor of the University and the first members of the Raiganj University Council, and all persons who may hereafter become the Vice-Chancellor of the University or the members of the Raiganj 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 Raiganj University. (2) The University shall have perpetual succession and a common seal and shall have powers to sue and be sued by the name of the Raiganj 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 constitution, powers and functions of their Governing Bodies; and (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; PART THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 21, 2015 5 The Raiganj University Act, 2014. (Chapter H.—University and its Officers.—Section 4) (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 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 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 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; (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; 6 THE KOLKATA GAZE I I b, EXTRAORDINARY, JANUARY 21, 2015 [PART III The Raiganj University Act, 2014. (Chapter 11.—University and its Officers.—Section 5.) (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 fund 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; (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; (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. Jurisdiction of the University. 5. (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. PART III] THE KOLKATA GAZEIIE, EXTRAORDINARY, JANUARY 21, 2015 7 The Raiganj University Act, 2014. Delegation of Power. Officers of the University. The Chancellor. (Chapter H.—University and its Officers.—Sections 6-8.) (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 upon admission of the colleges to the privileges of the University under sub-section (2) as the case may be— (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 University otherwise directs; 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 Health Sciences, or such other University as may be notified by the State Government from time to time; (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. 6. The University may delegate such of its powers as it may deem expedient to any of its authorities referred to in section 19 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) the Law Officer; (5) the Controller of Examinations; (6) such other persons as may be declared by the Statutes. 8. (1) The Governor shall, by virtue of his office, be the Chancellor of the University. He shall be the head of the University and the President of the Court and shall, when present, preside at the meetings of the Court. (2) The Chancellor shall exercise such powers as may be conferred on him by or under the provisions of this Act. (3) Where power is conferred upon the Chancellor to make nominations to any authority or body of the University, the Chancellor shall, to the extent necessary, nominate persons to represent interests not otherwise adequately represented. (4) Every proposal to confer any honorary degree shall be subject to confirmation by the Chancellor. 8 THE KOLKATA GAZEI1E, EXTRAORDINARY, JANUARY 21, 2015 [PART III The Raiganj University Act, 2014. (Chapter II—University and its Officers.—Section 9.) The Vice- Chancellor. 9. (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. (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, and such academician 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 the 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 PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 21, 2015 9 The Raiganj University Act, 2014. Powers and duties of the Vice-Chancellor. (Chapter II—University and its Officers.—Section 10.) 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). (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 willfully 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 of criminal breach of trust or criminal negligence or gross financial irregularity or impropriety or gross negligence of duty; or (f) has shown incompetence to perform or has persistently made default in the performance of the duties imposed on him by or under this Act; or (g) has been convicted by a Court for any offence within the concept and meaning of the Code of Criminal Procedure, 1973; or (h) is a member of, or otherwise associated with, any political party or acts in any partisan manner while in office. Explanation. —For the purpose of this sub-clause, whether any party is a political party or any association is a political association or any act of the Vice-Chancellor is partisan, the decision of the Chancellor thereon shall be final: 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). 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 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 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. 2 of 1974. 10 THE KOLKATA GAZEI1E, EXTRAORDINARY, JANUARY 21, 2015 [PART III The Raiganj University Act, 2014. The Registrar. Powers and duties of the Registrar. Finance Officer. Powers and duties of the Finance Officer. (Chapter H.—University and its Officers.—Sections 11-14.) (5) The Vice-Chancellor shall exercise such other powers and discharge such other duties as may be delegated to him by any authority or body of the University or as may be provided by Statutes, Ordinances or Regulations. (6) The Vice-Chancellor may take on behalf of the University such action as he may deem expedient in any matter which, in his opinion, is either urgent or of an emergent nature and shall report the same for confirmation at the next meeting to the authority or body which, in the ordinary course, would have dealt with the matter: Provided that if the action taken by the Vice-Chancellor is not approved by the authority or body concerned, the matter shall immediately be referred to the Chancellor whose decision thereon shall be final. (7) The Vice-Chancellor may, with the approval of the Executive Council, delegate any of his powers (other than the power referred to in sub-section (6)) to any other officer subordinate to him. 11. (1) The Registrar shall be a whole-time officer of the University and shall be appointed by the Executive Council on the recommendation of a Committee consisting of the Vice-Chancellor as Chairman, a nominee of the Chancellor, two nominees of the Executive Council and a nominee of the State Government, 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. 12. Subject to the supervision, direction and general control of the Vice- Chancellor, 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. 13. (1) The Finance Officer shall be a whole-time officer of the University. He shall be appointed by the Executive Council on the recommendation of a committee consisting of the Vice-Chancellor as the Chairman, a nominee of the Chancellor, two nominees of the Executive Council and a nominee of the State Government for such period and on such terms and conditions as may be prescribed 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. 14. (1) Subject to the supervision, direction and general control of the Vice- Chancellor, the Finance Officer shall be in charge of the administration of the funds, the finances and the properties and assets of the University and of all trusts and endowments; and he shall take special interest in activities that aim at raising funds for the purposes of the University and for augmenting the resources of the University. (2) The Finance Officer shall exercise such other powers and perform such other duties as may be 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. PART TM THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 21, 2015 11 The Raiganj University Act, 2014. (Chapter II—University and its Officers.—Sections 15-18.—Chapter Authorities of the University.—Section 19.) 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. 15. (1) There shall be a Law Officer in the University, to be appointed by the State Government, on deputation. (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 Statutes. 16. (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 Controller of Examinations. 17. (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. 18. 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 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 Authorities. 19. The following shall be the authorities of the University:— (1) the Court; (2) the Executive Council; (3) the Faculty Council(s) for Post-graduate Studies; (4) the Council(s) for Undergraduate Studies; (5) the Board of Studies; (6) the Finance Committee; (7) such other authorities as may be declared by Regulations to be the authorities of the University. 12 THE KOLKATA GAZE 1"1'E, EXTRAORDINARY, JANUARY 21, 2015 [PART III The Raiganj University Act, 2014. (Chapter III—Authorities of the University.—Section 20.) The Court. 20. (1) The Court shall be the supreme authority of the University. (2) The Court shall consist of the following members:— (a) Ex officio Members— (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the Secretary, Higher Education Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal; (iv) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal; (v) the Chairman, West Bengal State Council of Higher Education or his nominee; (vi) the Director of Public Instruction, West Bengal or his representative not below the rank of Additional Director of Public Instruction; (vii) the Chairperson of the College Service Commission or a member of the Commission as his nominee; (viii) a nominee of the Chairman, University Grants Commission; (b) Representatives of Departments of the University and affiliating Colleges— (ix) Heads of Departments of the University; (x) five senior most Professors of Departments of University to be selected by the Vice-Chancellor in alphabetical order of the Department, of whom not more than one Professor shall be from the same Department; (xi) Principals of affiliated Colleges, not more than ten, to be nominated by the Vice-Chancellor of whom— (a) One shall be from a Teachers' Training College; (b) One shall be from a Law College; (c) One shall be from other Professional Colleges; (d) One shall be from Women's College; (xii) five teachers from the Council of Undergraduate studies, of whom at least two shall be Associate Professor and others shall not be below the rank of Assistant Professor, to be elected by the members of the Council from amongst themselves in the manner as may be provided by the Statutes; (xiii) one representative of officers of the University, to be elected from amongst themselves in the manner as may be provided by the Statutes; (xiv) two representatives of non-teaching employees of whom— (a) One from non-teaching employees of the University; (b) One from non-teaching employees of the affiliated colleges of the University; to be elected from amongst themselves in the manner as may be provided by the Statutes; (c) Nominated Members— (xv) not more than five persons to be nominated by the Chancellor in consultation with the Minister from amongst the persons interested in University education: PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 21, 2015 13 The Raiganj University Act, 2014. Powers and duties of the Court. (Chapter HI—Authorities of the University.—Section 21.) Provided that no employee of the University or of a College or institution affiliated with the University or recognized by it shall be eligible to be a member; (d) Special Invitee— (xvi) any official or expert in any field or eminent educationist, whom the Vice-Chancellor may require for advice, consultation or assistance, may be invited to attend the meeting: Provided that not more than one official or expert or eminent educationist may be invited in a meeting at a time. (3) A member of the Court shall hold office for a period of four years, if not expressly provided otherwise in sub-section (1). Any vacancy among the members of the Court shall be filled up immediately by the concerned authority. (4) No act or proceedings of the Court or any Body or authority constituted by the Court shall be invalid or called in question by reason of the existence of any vacancy, initial or subsequent, in the Court or in any Body constituted by the Court, as the case may be. 21. (1) Subject to such conditions as may be provided by or under the provisions of this Act, the Court shall exercise the following powers and perform the following duties:— (i) to establish University Colleges, University Departments, institutions, libraries, laboratories and museums of study and research; (ii) to confer, on the recommendation of the State Government and the University Grants Commission, such special powers as may be provided by Statutes on any college or institution providing instruction for courses of study in fine arts or music or conducting higher studies and research: Provided that the Court may withdraw, with the concurrence of the State Government and the University Grants Commission, all or any of the special powers conferred on any such college or institution; (iii) to create and institute Professorships including Distinguished or Chair Professorships, Associate Professorships, Assistant Professorships and such posts including posts of officers as may be necessary for the establishment of the University Colleges, University Departments, institutions, libraries, laboratories and museums referred to in Clause (i) with prior approval of the State Government; (iv) to institute degrees, titles, diplomas, certificates and other academic distinctions; (v) to institute fellowships, travelling 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 provided, and have passed such examinations as may be determined by the University, or (b) have carried on research in accordance with such conditions as may be provided by the Regulations; (vii) to withdraw or to cancel degrees, titles, diplomas, certificates, or other academic distinctions under such conditions as may be provided by Statutes and after giving the person affected a reasonable opportunity to present his case; 14 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 21, 2015 [PART III The Raiganj University Act, 2014. (Chapter HI—Authorities of the University.—Section 22.) (viii) to confer honorary degrees or other academic distinctions; (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 favour 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; (xi) 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, institutions and educational authorities in matters that relate to or further the educational objectives of the University; (xiv) to consider and suggest measures for the improvement of the administration and finances 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) and (iii) 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. Meetings of the Court. 22. (1) The Court shall meet at least thrice in a financial year, other than for convocation, on dates to be fixed by the Vice-Chancellor. One of such meetings shall be held before March and shall be called the Annual Meeting. The Court may also meet at such other times as it may, from time to time, decide. (2) One-third of the total number of members of the Court shall be a quorum for a meeting of the Court: Provided that such quorum shall not be required at convocation. (3) The Vice-Chancellor may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than fifty percent 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. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 21, 2
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