The Netaji Subhas Open University Act, 1997

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XIX of 1997 
THE NETAJI SUBHAS OPEN UNIVERSITY 
ACT, 1997. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 20th August, 1997.] 
[20th August, 1997.] 
An Act to establish and incorporate an open university (mukta 
viswavidyalaya) in the State of West Bengal and to provide formatters 
connected therewith or incidental thereto. 
WHEREAS it is expedient to establish an open university in the State of 
West Bengal to provide educational opportunities to all those belonging to 
the backward and weaker sections of society as well as the students who 
cannot be accommodated in institutions of higher learning owing to socio-
economic conditions and other limitations and to promote equality of 
opportunity for higher education for a large segment of the population, 
including those who are in employment and women (including housewives), 
specially in the remote and inaccessible areas, as also adults who wish to 
upgrade theirlcnowledge in various fields, through correspondence courses, 
contact programmes, study centres and various forms of mass media, 
encouraging and providing 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; 
It is hereby enacted in the Forty-eighth 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 Netaji Subhas Open University Short title, 
Act, 1997. 	 extent and 
commence- 
(2) It extends to the whole of West Bengal. 	 ment. 
173 
The Netaji Subhas Open University Act, 1997. 
[West Ben. Act 
Definitions. 
Amendment 
of section 
20. 
(Chapter 1.—Preliminary.—Section 2.) 
(3) This section and Chapter VII 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 appoint, and different dates 
may be appointed for different provisions of this Act. 
2. In this Act, unless the context otherwise requires,— 
(1) "Academic Council" means the Academic Council of the 
University; 
(2) "academic year" means a period of twelve months 
commencing on the first day of July or such other period of 
twelve months, commencing on such date, as the Executive 
Council may specify in respect of all the study centres and 
courses of study or any particular study centre or course of 
study; 
(3) "Co-ordinator" means the head of a regional centre; 
(4) "correspondence-cum-contact programme student" means a 
student enrolled in any one of the study centres; 
(5) "Department" means a department of studies of the University; 
(6) "distance education system" means the system of imparting 
education through correspondence course, broadcasting, 
telecasting, seminar, contact programme or any other means 
or combination of means; 
(7) "employee" means any person appointed by the University, 
and includes Teachers and other employees of the University; 
(8) "Executive Council" means the Executive Council of the 
University; 
(9) "Finance Committee" means the Finance Committee of the 
University; 
(10) "Minister" means the Minister-in-charge of the Higher 
Education Department of the State Government; 
(11) "non-teaching employee" means the non-teaching employee, 
not holding any teaching post (including part-time teaching 
post), appointed or recognized as such by the University; 
(12) "notification" means a notification published in the Official 
Gazette; 
(13) "prescribed" means prescribed by Statutes or Ordinances or 
Regulations made under this Act; 
174 
The Netaji Subhas Open University Act, 1997. 
XIX of 1997.] 
(Chapter IL—The University.—Section 3.) 
(14) "Regional Centre" means a centre established as such by the 
University, for maintaining records regarding enrolment of 
students, despatching teaching materials, making 
arrangements for holding lectures in the classes in Study 
Centres, and dealing with other allied matters; 
(15) "Regulations" means the Regulations made under this Act; 
(16) "School of Studies" means a School of Studies of the 
University; 
(17) "State Government" means the Government of West Bengal 
in the Higher Education Department; 
(18) "Statutes" and "Ordinances" means respectively the Statutes 
and Ordinances made under this Act; 
(19) "student" means a student of the University, and includes any 
person who has enrolled himself for pursuing any course of 
study of the University; 
(20) "Study Centre" means a centre established, maintained or 
recognised by the University for the purpose of advising or 
counselling, or for rendering such other assistance in the 
activities of the University as may be required by the students; 
(21) "Teacher" means a Professor, Associate Professor, Reader, 
Assistant Professor, Lecturer or such other person as may be 
designated as such by Statutes for imparting instruction or for 
giving guidance or rendering assistance of academic nature 
to students for pursuing any course of study; 
(22) "the University" means the Netaji Subhas Open University as 
constituted under this Act; 
(23) "University Centre" means the place where the administrative 
offices of the University are situated. 
CHAPTER II 
The University 
3. (1) There shall be constituted a University by the name of the 
Netaji Subhas Open University which shall consist of the Chancellor, the 
Vice-Chancellor, the Directors, the members of the Executive Council and 
the members of the Academic Council. 
(2) The University shall be a body corporate having perpetual 
succession and a common seal and shall sue and be sued by the name of 
the Netaji Subhas Open University. 
The 
University. 
175 
The Netaji Subhas Open University Act, 1997. 
[West Ben. Act 
Objects of 
the 
University. 
(Chapter 1L—The University.—Section 4.) 
(3) In all suits and other legal proceedings by or against the University, 
the pleadings shall be signed and verified by the Registrar and all processes 
in such suits and proceedings shall be issued to, and served on, the 
Registrar. 
(4) The headquarters of the University shall be located at such place 
within West Bengal as the State Government may by notification specify. 
4. The objects of the University shall be,— 
(a) to provide opportunities for higher education through (i) 
correspondence courses, (ii) contact programmes and study 
centres, and (iii) audio-visual mass-media such as radio and 
television, presenting special institutional programmes, 
either live or through cassettes including video cassettes 
and other softwares; 
(b) to provide opportunities for higher education to men and 
women (i) being deprived of the benefit of higher education 
in the normal course owing to socio-economic conditions or 
other limitations or (ii) being drop-outs or (iii) being brought 
under the scheme of adult education or (iv) working in homes 
or engaged in cultivations or employed in factories, offices or 
schools or engaged in any profession or vocation; 
(c) to organise certificate courses, diploma courses, degree 
courses, post-graduate courses and research courses for the 
benefit of the working population in various fields and for the 
benefit of those who wish to enrich their lives by studying 
cultural and aesthetic subjects; 
(d) to design and develop distance education programme relevant 
to the specific needs of the people of the State; 
(e) to design and develop education and training packages to 
meet the demand for technical and vocational manpower 
needed for the economic development of the State; 
(f) to establish mechanism through network and other 
arrangement to share programmes, services, technology and 
other resources to ensure cost-effectiveness of education and 
training; 
(g) to make provision for research for innovative course 
development and for advancement and dissemination of 
knowledge; 
176 
The Netaji Subhas Open University Act, 1997. 
XIX of 1997.] 
(Chapter H. —The University.—Section 5.) 
50 of 1985. 
(h) to collaborate with the Indira Gandhi National Open University 
established under the Indira Gandhi National Open University 
Act, 1985, and other open universities in the country in 
extending educational opportunities to the people, and/or to 
recognise, or collaborate with, other research institutions in 
the country for promotion of research activities. 
5. (1) The University shall have the following powers, namely:— Powers of 
the (i) to provide for instruction in such branches of knowledge, university. 
technology, vocations and profession as the University may 
determine from time to time and to make provision for 
research; 
(ii) to plan and prescribe courses of study for degrees, diplomas 
or certificates, or for any other purpose; 
(iii) to hold examinations and confer degrees, diplomas, certificates 
or other academic distinctions or recognitions on persons 
who have pursued a course of study or conducted research in 
the manner laid down by Statutes or Ordinances; 
(iv) to confer honorary degrees or other distinctions in the manner 
laid down by the Statutes; 
(v) to determine the manner in which distance education in 
relation to the academic programme of the University may be 
organised; 
(vi) to institute, with the approval of the State Government 
professorships, readerships, lecturerships and other academic 
positions necessary for imparting instruction or for preparing 
educational material or for conducting other academic 
activities, including guidance, designing and delivery of 
course and evaluation of the work done by the students, and 
to appoint persons to such professorships, readerships, 
lecturerships and other academic positions; 
(vii) to co-operate with, and seek the co-operation of, other 
universities and institutions of higher learning, professional 
bodies and organisations for such purposes as the University 
considers necessary; 
(viii) to institute and award fellowships, scholarships, prizes and 
such other awards for recognition of merit as the University 
may deem fit; 
177 
The Netaji Subhas Open University Act, 1997. 
[West Ben. Act 
(Chapter 11.—The University.—Section 5.) 
(ix) to establish and maintain such Regional Centres as may be 
determined by the University from time to time; 
• (x) to establish, maintain or recognise Study Centres in the 
manner laid down by Statutes; 
(xi) to provide for the preparation of instructional materials, 
including films, cassettes, tapes, video cassettes and other 
softwares; 
(xii) to organise and conduct refresher courses, workshops, 
seminars and other programmes for teachers, lesson writers, 
evaluators and other academic staff; 
(xiii) to recognise examinations of, or periods of study (whether in 
full or part) at, other universities, institutions, or other places 
of higher learning as equivalent to examinations or periods of 
study in the University, and to withdraw such recognitions at 
any time; 
(xiv) to make provisions for research and development in 
educational technology and related matters; 	 • 
(xv) to create, with the approval of the State Government, 
administrative, ministerial and other necessary posts and to 
make appointments thereto; 
(xvi) to receive benefactions, donations, and gifts and to acquire, 
hold, maintain and, with the approval of the State Government 
dispose of any property, movable or immovable, including 
trust and Government property, for the purposes of the 
University; 
(xvii) to borrow, with the approval of the State Government, 
whether on the security of the property of the University or 
otherwise, money for the purposes of the University; 
(xviii) to enter into, carry out, vary or cancel contracts; 
(xix) to demand and receive such fees and other charges as may be 
laid down by the Ordinances; 
(xx) to provide, control and maintain discipline among the students 
and all categories of employees and to lay down the conditions 
of service of such employees, including their codes of conduct; 
(xxi) to recognise any institution of higher learning or studies for 
such purposes as the University may determine and to 
withdraw such recognition; 
178 
The Netaji Subhas Open University Act, 1997. 
XIX of 1997.] 
(Chapter 11.—The University.—Section 6.) .  
West Ben. 
Act XXXVII 
of 1994. 
(xxii) to appoint, either on contract or otherwise, visiting Professors, 
Emeritus Professors, Consultants, fellows, scholars, artists, 
course writers and such other persons who may contribute to 
the advancement of the objects of the University; 
(xxiii) to recognise persons working in other universities, institutions 
or organisations as teachers of the University on such terms 
and conditions as may be laid down by Ordinances; 
(xxiv) to determine standards and to specify conditions for the 
admission of students to courses of study of the University 
which may include examination, evaluation and any other 
method of testing; 
(xxv) to make arrangements for the promotion of the general health 
and welfare of the employees; 
(xxvi) to inspect Regional Centres and Study Centres and to take 
measures to ensure that proper standards of instructions are 
maintained therein; 
(xxvii) to collaborate and interact with the West Bengal State Council 
of Higher Education constituted under the West Bengal State 
Council of Higher Education Act, 1994, other universities, 
specially the Indira Gandhi National Open University, referred 
to in clause (h) of section 4, and other open universities in the 
country, and other educational or research institutions and 
authorities, in such manner and for such purposes as the 
University may determine; 
(xxviii) to do all such acts as may be necessary or incidental to the 
exercise of all or any of the powers of the University as are 
necessary and conducive to the promotion of all or any of the 
objects of the University. 
(2) Notwithstanding anything contained in any other law for the time 
being in force, but without prejudice to the provisions of sub-section (1), 
it shall be the duty of the University to take all such steps as it may deem 
fit for the promotion of the open university and distance education systems 
and for the determination of standards of teaching, evaluation and research 
in such systems, and for the purpose of performing this function, the 
University shall have such powers, including the power to allocate and 
disburse grants to the Regional Centres or the Study Centres, or to any 
other university or institution of higher learning, as may be specified by the 
Statutes. 
6. (1) The University shall be open to persons of either sex and of 
whatever race, creed, caste or class, and it shall not be lawful for the 
University to adopt or impose on any person any test whatsoever of 
religious belief or profession in order to entitle him to be appointed as a 
Teacher of the University or to hold any other office therein or admitted 
as a student in the University, or to graduate thereat, or to enjoy or exercise 
any privilege thereof. 
University 
open to all 
classes, 
castes and 
creeds. 
179 
The Netaji Subhas Open University Act, 1997. 
[West Ben. Act 
(Chapter 11.—The University.—Section 7.) 
(2) Nothing in sub-section (1) shall be deemed to prevent the University 
from making any special provision for the appointment or admission of 
women or of persons belonging to the weaker sections of the society, and, 
in particular, of persons belonging to the Scheduled Castes or Scheduled, 
Tribes. 
Inspection 
and inquiry. 7. (1) The State Government shall have the right to cause an inspection 
to be made by any person, not below the rank of Joint Secretary to the 
Government of West Bengal or Registrar or Professor of a university, or 
by a committee of not less than two persons, not below the rank of Joint 
Secretary to the Government of West Bengal or Registrar or Professor of 
a university, into its buildings, laboratories, libraries, museums, workshops 
and equipment or of any Regional Centre or Study Centre maintained by 
the University. The State Government shall have also the right to cause an 
inquiry to be made into the teaching and other work conducted or done by 
the University by such person or group of persons as the State Government 
deems fit. The State Government shall, in every such case, give notice to 
the University of its intention to cause such inspection or inquiry to be 
made, and the University shall be entitled to represent its case. 
(2) The State Government shall forward to the Vice-Chancellor a 
copy of the inspection report for obtaining the views of the Executive 
Council and, on receipt of such views, may give such advice as it considers 
necessary and fix a time-limit for action to be taken thereon by the 
University. 
(3) The Executive Council shall, within such time as the State 
Government may fix, report to that Government through the Vice-
Chancellor the action which has been taken or is proposed to be taken on 
the advice as aforesaid. 
(4) The State Government may, where action has not been taken by 
the University to the satisfaction of that Government within the time fixed, 
after considering the explanation, if any, furnished, or the representation 
made, by the Executive Council, issue such directions as it may think fit, 
and the University shall comply with such directions. If the University 
does not comply with such directions within such time as the State 
Government may specify, that Government may take such further action 
as it may consider necessary. 
180 
The Netaji Subhas Open University Act, 1997. 
XIX of 1997.] 
(Chapter 111.—Chancellor and other officers of the University.—
Sections 8-10.) 
CHAPTER III 
Chancellor and other officers of the University 
8. (1) The Governor of the State of West Bengal shall, by virtue of The 
his office, be the Chancellor of the University. 	 Chancellor. 
(2) The Chancellor shall exercise such powers as may be conferred on 
him by or under the provisions of this Act or the Statutes or Ordinances. 
(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. The following shall be the officers of the University:— 
(1) the Vice-Chancellor; 
(2) the Registrar; 
(3) the Directors; 
(4) the Finance Officer; 
(5) such other persons as may be declared by Statutes to be the 
officers of the University. 
10. (1) The Vice-Chancellor shall be appointed by the Chancellor in 
consultation with the Minister from a panel of not less than three persons 
recommended by a committee consisting of three members of whom two 
shall be nominated by the Executive Council and one shall be nominated 
by the Chancellor. The person nominated by the Chancellor shall be the 
convenor of the committee, provided that no person who is an employee 
of the University or of any Regional Centre or Study Centre or a member 
of any authority of the University, shall be nominated to be a member of 
the committee. 
(2) (a) The Vice-Chancellor shall hold office fora 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. 
Officers of 
the 
University. 
The Vice-
Chancellor. 
181 
The Netaji Subhas Open University Act, 1997. 
[West Ben. Act 
(Chapter 111.—Chancellor and other officers of the University.— 
Section 11.) 
(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. 
Powers and 
duties of the 
Vice-
Chancellor. 
If— 
(a) the Vice-Chancellor is, by reasons of leave, illness or other 
cause, temporarily unable to exercise the powers and perform 
the duties of his office, or 
(b) a vacancy occurs in the office of the Vice-Chancellor by 
reason of death, resignation or 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 may 
authorise, in consultation with the Minister, any 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 or otherwise 
shall be filled up by appointment of a Vice-Chancellor in accordance with 
the provisions of sub-section (1) within a period of six months from the 
date of occurrence of the vacancy, and such period shall be held to include 
any period for which a Vice-Chancellor is allowed to continue in office 
under clause (b) of sub-section (2) or a person is appointed to exercise the 
powers and perform the duties of the Vice-Chancellor under clause (b) of 
sub-section (5). 
11. (1) The Vice-Chancellor shall be the principal executive and 
academic officer of the University and shall, by virtue of his office, be a 
member and the Chairman of the Executive Council and the Academic 
Council 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 Executive Council 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. 
(5) 
182 
The Netaji Subhas Open University Act, 1997. 
XIX of 1997.] 
(Chapter IL—Chancellor and other officers of the University.— 
Sections 12-15.) 
(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 
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 Executive Council, if the authority or body concerned is 
other than the Executive Council, or to the Chancellor, if the authority or 
body concerned is the Executive Council. The decision of the Chancellor 
or the Executive Council, as the case may be, shall be final. 
(7) The Vice-Chancellor may, subject to the prior approval of the 
Executive Council, delegate any of his powers to any other officer 
subordinate to him. 
12. Every Director shall be appointed in such manner, on such 
emoluments and other conditions of service, and shall exercise such 
powers and perform such functions, as may be prescribed by Statutes. 
13. (1) The Registrar shall be appointed in such manner, on such 
emoluments and other conditions of service as may be prescribed by 
Statutes. 
(2) The Registrar shall exercise such powers and perform such 
functions as may be prescribed by Statutes. 
14. The Finance Officers shall be appointed in such manner and on 
such emoluments and other conditions of service, and shall exercise such 
powers and perform such functions, as may be prescribed by Statutes. 
15. The manner of appointment, emoluments, powers and duties of 
the other officers of the University shall be prescribed by Statutes. 
The 
Directors. 
The 
Registrar. 
The Finance 
Officer. 
Other 
Officers. 
183 
The Netaji Subhas Open University Act, 1997. 
[West Ben. Act 
Authorities 
of the 
University. 
(Chapter IV. Authorities of the University.—Sections 16-21.) 
CHAPTER IV 
Authorities of the University 
16. The following shall be the authorities of the University:— 
(1) the Executive Council; 
(2) the Academic Council; 
(3) the School of Studies; 
(4) the Finance Committee; and 
(5) such other authorities as may be declared by the Statutes to be 
the authorities of the University. 
The • 	 17. (1) The Executive Council shall be the principal executive body Executive 
Council. 	 of the University. 
(2) The constitution of the Executive Council, the term of office of 
its members and its powers and functions shall be prescribed by 
Statutes. 
The 
Academic 
Council. 
The School 
of Studies. 
18. (1) The Academic Council shall be the principal academic body 
of the University and shall, subject to the provisions of this Act, the 
Statutes and the Ordinances, have the control and general regulation of, 
and be responsible for, the maintenance of standards of learning, education, 
instruction, evaluation and examination within the University and shall 
exercise such other powers and perform such other functions as may be 
conferred or imposed upon it by the Statutes. 
(2) The constitution of the Academic Council and the term of office 
of its members shall be prescribed by Statutes. 
19. (1) There 'shall be such number of Schools of Studies as the 
University may determine from time to time. 
(2) The constitution, powers and functions of the School of Studies 
shall be prescribed by Statutes. 
20. The constitution, powers and functions of the Finance Committee 
shall be prescribed by Statutes. 
21. The constitution, powers and functions of the other authorities 
which may be declared by the Statutes to be the authorities of the 
University shall be prescribed by Statutes. 
The Finance 
Committee. 
Other 
authorities. 
184 
The Netaji Subhas Open University Act, 1997. 
XIX of 1997.] 
(Chapter IV—Authorities of the University.—Sections 22-25.—
Chapter V.—University funds etc.—Sections 26, 27.) 
22. When a person is qualified to be a member of any authority or body Cessation of 
of the University by virtue of his membership of any other authority or membership 
in certain 
body or by virtue of any profession, he shall cease to be a member of the cases. 
authority or body of the University when he ceases to be a member of the 
other or to be engaged in that profession. 
members) of any authority or body of the University shall be filled, as soon 
as may be, by the person or body who appoints, elects or co-opts the 
23. Any casual vacancy among the members (other than ex officio. casual 
vacancies. 
Filling of 
member whose place has become vacant, and any person so appointed, 
elected or co-opted to fill a casual vacnacy shall be a member of such 
authority or body for the unexpired portion of the term for which the person 
whose place he fills would have been a member. 
24. If any question arises as to whether any person has been duly 
elected or appointed as, or is entitled to be, a member of any authority or 
other body of the University, the matter shall be referred to the Chancellor 
whose decision thereon shall be final. 
25. No act or proceedings of any authority or body of the University 
shall be invalidated merely by reason of the existence of any vacancy or 
vacancies among its members. 
CHAPTER V 
University funds etc. 
credited— 
26. The University shall have a general fund to which shall be General 
fund. 
(a) its income including the fees and endowments; 
(b) contributions or grants which may be made by the Government 
on such conditions as it may impose; and 
(c) other contributions or grants or loans raised. 
27. The University shall have such other funds and maintain such Other funds. 
accounts as the Executive Council may determine on the recommendation 
of the Finance Committee, provided that the University shall not divert and 
invest any portion of any grant given to it by the State Government in any 
form or divert it to any fund other than the general fund without the prior 
approval of the State Government. 
Disputes as 
to the 
constitution 
of the 
University 
authorities 
and bodies. 
Proceedings 
of the 
University 
authorities 
or bodies not 
invalidated 
by 
vacancies. 
185 
The Netaji Subhas Open University Act, 1997. 
[West Ben. Act 
Power to 
accept funds 
from 
Government 
or to raise 
loans. 
Diversion of 
funds, 
upgradation 
of posts, etc. 
Control of 
expenditure. 
Annual 
Accounts 
and Audit 
(Chapter V.—University funds etc.—Sections 28-31.) 
28. The University may accept funds from the Government of India 
or the State Government or the Government of other States in India or the 
University Grants Commission established under the University Grants 3 of 1956. 
Commission Act, 1956, or other universities or recognised institutions and 
may, with the approval of the State Government, raise loans from other 
sources. 
29. The University shall not, without the prior approval of the State 
Government or in contravention of the provisions of this Act, divert fund, 
earmarked for one purpose, for any other purpose or upgrade any post or 
revise the scales of pay of its officers and other employees or implement 
any scheme which involves the contribution from the State Government 
or create any post or posts resulting in, either immediately or in future, a 
recurring liability on the State Government. The University shall not also 
fill up any post, by whatever name called, without first creating it with the 
prior approval of the State Government. 
30. (1) The budget of the University showing the receipt and 
expenditure of the University on different accounts for a financial year 
shall be submitted to the State Government for approval at least four 
months before the beginning of such financial year. 
(2) The State Government shall, within three months of commencement 
of the financial year to which the budget relates, communicate its approval 
or otherwise of the budget to the University. 
(3) The State Government may, from time to time, release grants to 
the University on its request. 
(4) Notwithstanding anything to the contrary contained in this Act, 
the University shall not, except with the prior approval of the State 
Government, incur any expenditure on any account in excess of the 
amount specified in the budget on that account. 
31. (1) The Annual Statement of Accounts of the University shall, 
after examination by the Executive Council, be subjected to such audit as 
the State Government may direct. 
(2) Such Annual Statement of Accounts shall, together with the 
copies of the audit report thereon, be considered by the Executive Council. 
A copy of the Annual Statement of Accounts and a copy of the audit report 
thereon shall be submitted to the Chancellor along with the views of the 
Executive Council. Any observation of the Chancellor and the State 
Government shall be considered by the Executive Council at a meeting and 
the executive Council shall take such corrective action as it thinks fit. 
186 
The Netaji Subhas Open University Act, 1997. 
XIX of 1997.] 
(Chapter V.—University funds etc.—Sections 32-35.) 
(3) The University shall have a continuous internal audit, and the 
report of such audit shall be submitted to the State Government as soon as 
possible after the end of every financial year. 
(4) The Chancellor or the State Government may require the University 
to supply to him or the Government as the case may be, any information 
in regard to the accounts and the budget and any other information and the 
University shall comply with such requisition. 
32. (1) Every employee of the University shall be appointed under a Letter of 
written contract and shall be provided with a letter of appointment appointment 
of 
containing the terms and conditions of his appointment. 	 employees. 
(2) Any dispute arising out of a contract between the University and 
any employee may, at the request of the employee, be referred by the Vice-
Chancellor to a Tribunal which shall consist of one member nominated by 
the Executive Council, one member nominated by the employee concerned 
and one member nominated by the Chancellor. The member nominated by 
the Chancellor shall be the Chairman of the Tribunal. 
33. Any student or candidate for an examination whose name has been 
removed from the rolls of the University by the order of the Vice-
Chancellor or by a resolution of the Discipline Committee or the 
Examination Committee as may be formed, as the case may be, and who 
has debarred from appearing at the examinations of the University for 
more than one year, may, within ten days of the date of communication of 
such orders or copy of such resolution to him, appeal to the Executive 
Council, and the Executive Council may confirm, modify or reverse the 
decision of the Vice-Chancellor or the Discipline Committee, as the case 
may be. 
34. Every employee or student of the University shall, notwithstanding 
anything contained in this Act, have a right to appeal, within such time as 
may be prescribed by Statutes, to the Executive Council against the 
decision of any officer or authority of the University and, thereupon, the 
Executive Council may confirm, modify or reverse the decision appealed 
against the procedure for settlement of such dispute shall be prescribed by 
Statute. 
35. The pension, provident fund and any other terminal benefit to the 
officers, Teachers and other employees of the University shall be such as 
may be decided by the University with the prior approval of the State 
Government: 
Appeal 
against order 
or Vice-
Chancellor 
or Discipline 
Committee 
etc. 
Appeal 
against the 
decision of 
an officer or 
authority. 
Pension, 
provident 
fund, etc. 
187 
The Netaji Subhas Open University Act, 1997. 
[West Ben. Act 
Protection of 
action taken 
in good 
faith. 
(Chapter V.—University funds etc.—Section 36.—
Chapter VI.—Statutes, Ordinances and Regulations.—
Section 37.) 
Provided that any provident fund instituted by the University for the 
benefit of its officers, Teachers and other employees shall be governed by 
the provisions of the Provident Funds Act, 1925, as if such fund were a 19 of 1925. 
Government Provident Fund, and the Executive Council shall have the 
power to make Statutes, not inconsistent with the provisions of this Act, 
for the administration of the fund. 
36. No suit or other legal proceedings shall lie against any Teacher or 
other non-teaching employee of the University for anything which is in 
good faith done or intended to be done in pursuance of any of the provisions 
of this Act or the Statutes or the Ordinances. 
CHAPTER VI 
Statutes, Ordinances and Regulations 
' Statutes. 37. Subject to the provisions of this Act, the Executive Council shall 
have the power to make Statutes for all or any of the following matters:— 
(a) the manner of appointment of the Vice-Chancellor, the term 
of his appointment, the emoluments and other conditions of 
his service and the powers and functions that may be exercised 
and performed by him so far as these have not been provided 
in the Act; 
(b) the manner of appointment of the Directors, the Registrar, the 
Finance Officer and other officers, the emoluments and other 
conditions of their service and the powers and functions that 
may be exercised and performed by each of them; 
(c) the constitution of the Executive Council and other authorities 
of the University, the terms of office of the members of such 
authorities and the powers and functions that may be exercised 
and performed by such authorities; 
(d) the appointment of Teachers and other employees of the 
University, their emoluments and other conditions of service 
and qualifications for their appointment; 
(e) the pension or provident fund for the benefit of the employees 
of the University; 
(f) the principles governing the seniority of service of the 
employees of the University; 
188 
The Netaji Subhas Open University Act, 1997. 
XIX of 1997.] 
(Chapter VI.—Statutes, Ordinances and Regulations.—Sections 38, 39.) 
(g) the procedure in relation to any appeal or application for 
review by any employee or student of the University against 
the action of. any officer or authority of the University, 
including the time within which such appeal or application 
for review shall be preferred or made; 
(h) the procedure for the settlement of disputes between the 
employees or students of the University and the University; 
(i) the co-ordination and determination of standards of education 
of the University and distance education systems the allocation 
and disbursement of grants to Regional Centres and Study 
Centres, and co-ordination between the University and other 
universities and institutions; 
(j) the conditions required to be fulfilled by a Study Centre for 
admission to the privileges of the University; 
(k) the rules and procedure for election to the Executive Council 
and other authorities or bodies of the University; 
(1) all other matters which under this Act are required to be or 
may be prescribed by Statutes. 
38. (1) The Executive Council may consider the draft of any Statute. 
The draft shall be passed by the Executive Council. The Executive Council 
may make such amendment in the draft as it may deem fit before it is finally 
passed. 
(2) A Statute passed in the manner provided in sub-section (1) shall be 
presented to the Chancellor for assent and shall come into force on being 
assented to by the Chancellor on the recommendation of the Minister, 
provided that the Chancellor may withhold assent to the Statute or remit 
the Statute to the Executive Council for reconsideration in the light of the 
observations, if any, made by him. 
(3) A Statute shall remain in force until repealed or amended by a new 
Statute similarly passed and assented to by the Chancellor on the 
recommendation of the Minister. 
(4) The Chancellor or the State Government may advise the University 
to adopt a new Statute or to amend an existing Statute. 
39. (1) The Academic Council shall have the power to make, subject Ordinances. 
to the provisions of this Act and the Statutes, Ordinances which may 
provide for all or any of the following matters:— 
(a) the admission of students in the University; 
(b) imposition and collection of fees, fines and other dues payable 
to the University; 
How to 
make 
Statutes. 
189 
The Netaji Subhas Open University Act, 1997. 
Regulations. 
[West Ben. Act 
(Chapter W.—Statutes, Ordinances and Regulations.—Section 40.— 
Chapter VIL—Transitory provisions.—Section 41.) 	 ' 
(c) prescribing the equivalence of examinations, degrees and 
diplomas of other universities and institutions; 
(d) the courses of study, the examinations to be held, and the 
conditions on which students shall beadmitted to examinations 
for any degree, diploma, certificate or title of the University; 
(e) the grant of exemptions; 
(f) the appointment, duties and remuneration of examiners; 
(g) the recognition of libraries and museums; 
and all other matters which under this Act or the Statutes are required to 
be or may be prescribed by Ordinances. 
(2) All Ordinances shall be submitted, as soon as may be, to the 
Executive Council for approval. If the Executive Council rejects or 
amends the draft of any Ordinance, if may refer it back to the Academic 
Council for reconsideration. 
(3) An Ordinance shall be deemed to be passed by the Executive 
Council if it is approved by a majority vote. 
(4) An Ordinance passed in the manner as provided in sub-section (3) 
shall be presented to the Chancellor for assent and, on its being assented 
to by the Chancellor in consultation with the Minister, shall come into 
force with effect from such date as the Chancellor may direct, provided 
that the Chancellor may withhold assent to the Ordinance or remit the 
Ordinance to the Executive. Council for reconsideration in the light of the 
observations, if any, made by him. 
(5) The Chancellor shall have the power to cancel or modify 
Ordinance. 
40. The authorities of the University may make regulations consis-
tent with the provisions of this Act, the Statutes and the Ordinances for 
the conduct of their own business and that of the committees, if any, 
appointed by them and not provided for in this Act or the Statutes or the 
Ordinances. 
CHAPTER VII 
Transitory provisions 
The First 	 41. (1) The Governor of West Bengal holding Office at the date of 
Chancellor- 	 publication of this Act in the Official Gazette shall be the first Chancellor 
'of the University. 
190 
The Netaji Subhas Open University Act, 1997. 
XIX of 1997.] 
(Chapter VII.—Transitory provisions.—Section 42.) 
(2) The first Chancellor shall exercise all the powers conferred on the 
Chancellor by or under this Act. For the first constitution of the Executive 
Council, the Academic Council and other authorities of the University, the 
first Chancellor shall nominate members thereof in accordance with the 
provisions of this Act. 
42. (1) Notwithstanding anything contained in this Act, the first First Vice-
Vice-Chancellor shall be appointed by the first Chancellor in consultation Chancellor. 
with the Minister and on such terms and conditions as the first Chancellor 
may determine in consultation with the State Government, within three 
months from the date of publication of this Act in the Official Gazette. 
He shall hold office for such period as may be determined by the first 
Chancellor from time to time and such period shall, in no case, exceed four 
years from the date on which he assumes office. The first Vice-Chancellor 
shall exercise all the powers and perform all. the duties of the Vice-
Chancellor under this Act. He shall also be in charge of the administration 
of funds and finances of the University and shall take necessary steps to 
maintain the accounts of the University. 
(2) The first Vice-Chancellor, in consultation with the State 
Government and after giving due regard to any suggestion given by it, 
shall, with the assistance of a committee consisting of not less than six 
members nominated by the State Government, cause the first Statutes, the 
first Ordinances and the first Regulations of the University to be made. The 
first Statutes, the Ordinances and the first Regulations shall come into 
force after the first Chancellor has approved the same in consultation with 
the Minister, with effect from such date or dates as the first Chancellor may 
appoint. 
(3) The first Statutes, the first Ordinances or the first Regulations of 
the University shall remain in force until they are amended or until new 
Statutes, new Ordinances or new Regulations, as the case maybe, are made 
under the provisions of this Act. 
(4) If a vacancy occurs in the office of the first Vice-Chancellor before 
the expiry of the period of his office by reason of death, resignation or 
otherwise, then, the first Chancellor, in consultation with the Minister, 
may, on the terms and conditions provided in sub-section (1), in aggregate 
appoint another person to be the first Vice-Chancellor for the purposes 
of this section for the unexpired portion of such period or such further 
period, not exceeding in aggregate the period of four years which shall 
include the period served by the first Vice-Chancellor appointed under 
sub-section (1). 
191 
The Netaji Subhas Open University Act, 1997. 
[West Ben. Act 
(Chapter VII.—Transitory provisions.—Section 43.) 
Advisory 
Committee. 43. (1) There shall be an Advisory Committee to be constituted by 
the State Government of which the first Vice-Chancellor shall be the 
Chairman. 
(2) The Advisory Committee shall consist of the following members:— 
(a) the firs

Excerpt shown. Open the full act in Lexace.

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