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The North Bengal University Act, 1981

West Bengal · state statute
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GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXV of 1981 
THE NORTH BENGAL UNIVERSITY ACT, 1981. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 16th September, 1981.] 
[16th September, 1981.] 
An Act to provide for the reconstitution of the University of North Bengal 
and for certain matters incidental thereto and connected therewith. 
WHEREAS it is expedient to reconstitute the University of North Bengal 
to enable it to function more efficiently as a University encouraging and 
providing for instruction, teaching, training and research in various 
branches of learning and course of study, promoting advancement and 
dissemination of knowledge and learning, and extending higher education, 
to meet the growing needs of society and to make the constitution of 
various authorities or bodies of the University more democratic; 
It is hereby enacted in the Thirty-second Year of the Republic of India, 
by the Legislature of West Bengal, as follows:— 
CHAP 1P,R I 
Preliminary 
1. (1) This Act may be called the North Bengal University Act, 
1981. 
(2) This section and section 57 shall come into force at once; and the 
remaining provisions of this Act shall come into force on such date or dates 
as the State Government may, by notification in the Official Gazette, 
appoint, and different dates may be appointed for different provisions of 
this Act. 
Short title 
and 
commence-
ment. 
2. In this Act, unless there is anything repugnant in the subject or Definitions. 
context,— 
(1) "affiliated" in relation a college or to an institution means 
affiliated -to the University of North Bengal as constituted 
prior to the appointed day and continuing as such immediately 
before such day or affiliated to the University under this Act; 
(2) "appointed day" means the date referred to in sub-section (5) 
of section 57; 
243 
The North Bengal University Act, 1981. 
[West Ben. Act 
(Chapter I.—Preliminary.—Section 2.) 
(3) "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; 
(4) "convocation" means a meeting of the Court for the purpose 
of conferring degrees, titles, diplomas, certificates or other 
academic distinctions; 
(5) "district" means any of the districts of Darjeeling, Jalpaiguri, 
Cooch Behar, Malda, West Dinajpur or any district which 
may be created in future out of any part or parts of one or more 
of the aforementioned districts; 
(6) "employee" in relation to the University means any person 
employed by the University; 
(7) "financial year" means the year ending on the 31st day of 
March; 
(8) "Government College" means a college maintained and 
managed by the State Government; 
(9) - Governor" means the Governor of the State of West Bengal; 
(10) "Hall" or "Hostel" means a unit of residence of students 
recognized by the University; 
(11) "Librarian" means,— 
(a) in relation to the University, a Librarian or any other 
person holding a post of Librarian, by whatever name 
called, appointed or recognized as such by the University, 
and 
(b) in relation to a college affiliated to the University, a 
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; 
( 12) "Minister" means the Minister-in-charge of Higher Education 
appointed as such by the Governor; 
(13) "non-teaching staff ' means,— 
(a) in relation to the University, the non-teaching staff, not 
holding any teaching post (including part-time teaching 
post), appointed or recognized as such by the University, 
and 
244 
The North Bengal University Act, 1981. 
XXV of 19811 
(Chapter 1.—Preliminary.--Section 2.) 
(b) in relation to an affiliated college, the non-teaching 
staff, not holding any teaching post (including part-time 
teaching post), appointed or recognized by the University 
or appointed by such college, 
but does not include an Officer or a Librarian; 
(14) "prescribed" means prescribed by Statutes, Ordinances, 
Regulations or Rules made under this Act; 
(15) "Principal" means the head of a college or of an institution by 
whatever name called; 
(16) "professional college" means a University College or an 
affiliated college 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; 
(17) "professional subject" means any of the following subjects, 
namely, Law, Medicine, Engineering, Teachers' Training, 
Physical Education, Technology, Journalism, Management 
Studies, Agriculture or such other subject as may be prescribed 
by Regulations; 
(18) "registered graduate" means a graduate registered under this 
Act, at least three months prior to the date of election of 
members to the Court on application in the prescribed form 
and on payment of a fee of one rupee: 
Provided that no person shall be eligible to be registered 
under this Act unless he has graduated himself from the 
University at least three years prior to the date of election of 
members to the Court; 
(19) "Statutes", "Ordinances", "Regulations" and "Rules" mean, 
respectively, the Statutes, Ordinances, Regulations and Rules 
of the University made under this Act; 
(20) "Students' Union" means,— 
(a) in relation to the University, the Students' Union 
constituted in the manner prescribed, and 
(b) in relation to an undergraduate college, the Students' 
Union constituted in the manner prescribed; 
(21) "Teacher" means a Principal, Professor, Assistant Professor, 
Reader, Lecturer, Demonstrator, Tutor, Instructor or any 
other person, holding a teaching post including a part-time 
teachini7J, post, appointed by an affiliated college or institution; 
245 
The North Bengal University Act, 1981. 
[West Ben. Act 
(Chapter 11.—The University and its officers.—Sections 3, 4.) 
(22) "Teacher of the University" means a Professor, Reader, 
Lecturer or any other person, appointed or recognized as such 
by the University, either whole-time or part-time, for the 
purposes of imparting instruction or conducting research in 
the University; 
(23) "the University" means the University of North Bengal as 
constituted under this Act; 
(24) "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; 
(25) "University Professor", "University Reader" or "University 
Lecturer" means a Professor, Reader or Lecturer appointed or 
recognized as such by the University. 
CHAP IER II 
The 
University. 
Powers of 
the University. 
The University and its officers 
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 University of North Bengal. 
(2) The University shall have perpetual succession and a common 
seal and shall sue and be sued by the name of the University of North 
Bengal. 
4. The University shall have the following powers, namely:— 
(1) to provide for instruction and training in such branches of 
learning as it may think fit and to make provisions for 
research and for the advancement and dissemination of 
knowledge; 
(2) to establish, maintain or manage colleges, libraries, museums 
and such other institutions or centres as it may consider fit; 
(3) to recognize any college as a constituent college or a 
professional college and to withdraw such recognition; 
246 
The North Bengal University Act, 1981. 
XXV of 1981.] 
(Chapter 11.—The University and its officers.—Section 4.) 
(4) to affiliate to itself any college, institution or centre and to 
withdraw such affiliation; 
(5) to prescribe for colleges other than Government Colleges— 
(a) the constitution, powers and functions of their Governing 
Bodies, and 
(b) the terms and conditions of service of— 
(i) Librarians, and 
(ii) non-teaching staff; 
(6) to prescribe for colleges, the rules for Teachers' Councils; 
(7) to provide for the inspection, or investigation into the affairs, 
of colleges or institutions or centres recognized by it or 
affiliated to it and to exercise general supervision and control 
over them; 
(8) to take over for a period of twelve months the management of 
any affiliated, constituent or professional college or institution 
or centre other than a Government College or institution in 
order to ensure that proper standard of teaching, training or 
instruction is maintained therein: 
Provided that the University may, if it considers necessary 
so to do, extend such period so, however, that the aggregate 
period shall not exceed eighteen months; 
(9) to dissolve the Governing Body of any affiliated, constituent 
or professional college or institution other than a Government 
College and, pending reconstitution of the Governing Body 
thereof in such manner as may be prescribed, to appoint an 
Administrator or an ad hoc Governing Body: 
Provided that reconstitution of the Governing Body shall 
be made within a period of twelve months from the date of its 
dissolution: 
Provided further that the University may, if it considers 
necessary so to do, extend such period so, however, that the 
aggregate period shall not exceed eighteen months; 
(10) to institute degrees, titles, diplomas, certificates and other 
academic distinctions; 
247 
The North Bengal University Act, 1981. 
[West Ben. Act 
(Chapter IL—The University and its officers.—Section 4.) 
(10 to hold examinations and to confer degrees, titles, diplomas, 
certificates and other academic distinctions on persons who— 
(a) shall have pursued an approved course of study in the 
University or in an affiliated, constituent or professional 
college or a University Laboratory or University Library 
unless exempted therefrom in the manner prescribed, 
and shall have passed the prescribed examinations of 
the University, or 
(b) shall have carried on research under conditions 
prescribed; 
(12) to withdraw or cancel degrees, titles, diplomas, certificates or 
other academic distinctions under such conditions as may be 
prescribed by Statutes and after giving the persons affected a 
resonable opportunity to present his case; 
(13) to confer honorary degrees and other academic distinctions 
under conditions prescribed; 
(14) to institute and make appointment to Professorship, 
Readership, Lectureship and other posts required by the . 
University for the purpose of imparting instruction or 
conducting research in the University; 
(15) to create posts, as and when required, of officers and employees 
of the University besides those provided for in this Act and to 
appoint persons to such posts; 
(16) to institute fellowships, travelling fellowships, scholarships, 
studentships, stipends, bursaries, exhibitions, medals and 
prizes to be awarded out of the University Fund; 
(17) to prescribe, subject to the provisions of this Act, the 
constitution, powers and duties of the Boards of Studies, 
Finance Committee and other bodies; 
(18) to prescribe the powers and duties of officers of the University; 
(19) to prescribe, subject to the provisions of this Act, the terms 
and conditions of service, including the rules of conduct and 
discipline, and the emoluments for all posts of Teachers and 
other employees of the University; 
(20) to make provisions for provident fund and other funds for the 
employees of the University; 
(21) to establish, maintain and manage hostels and other places of 
residence for the students, Teachers, Officers and other 
employees of the University; 
248 
The North Bengal University Act, 1981. 
XXV of 1981.] 
(Chapter 11.—The University and its officers.—Section 4.) 
(22) to recognize hostels and other places of residence and withdraw 
recognition thereof; 
(23) to prescribe, demand and receive fees, fines and other charges; 
(24) to provide for the supervision and control of residence and 
discipline of students of the University and to make 
arrangements for promotion of their health and general welfare; 
(25) to conduct, co-ordinate, regulate and control post-graduate 
research work and teaching in the University, the constituent 
and affiliated colleges and the institutions recognized by the 
University; 
(26) to make grants to the National Cadet Corps and the National 
Social Service from the University Fund; 
(27) to enter into an agreement with the State Government or with 
the approval of the State Government with any other 
Government or with any person, body or authority for the 
taking over by the University of the management of any 
college or institution, including its assets and liabilities, or for 
any other purpose not repugnant to the provisions of this Act; 
(28) to acquire, hold and dispose of property, movable and 
immovable, and to make grants and advances for furthering 
any of its objects; 
(29) to accept and administer gifts, endowments and benefactions, 
for the furtherance of any of its objects for the University or 
on behalf of any institution established by, affiliated to, or 
recognized by, the University; 
(30) to institute awards, fellowships, travelling fellowships, 
scholarships, studentships, stipends, bursaries, exhibitions, 
medals and prizes; 
(31) to accept grants from the Central or any State Government or 
the University Grants Commission, and, with the approval of 
the State Government, also from other sources, to raise loans, 
or to accept loans from the Central or the State Government 
or the University Grants Commission and from other sources: 
Provided that raising of loans and acceptance of loans 
from other sources shall require the approval of the State 
Government; 
(32) to co-operate with other universities, institutions and 
educational authorities in matters that relate to and further the 
educational objectives of the University; 
249 
The North Bengal University Act, 1981. 
[West Ben. Act 
Jurisdiction 
of the 
University. 
Delegation 
of powers to 
subordinate 
authorities. 
Officers of 
the 
University. 
(Chapter 11.—The University and its officers.—Sections 5-8.) 
(33) 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. 
5. (1) Save as otherwise provided in this Act, the powers of the 
University conferred by or under this Act shall extend to the whole of each 
of the districts referred to in clause (5) of section 2. 
(2) Notwithstanding anything in sub-section (1), the territorial limits 
of the University shall not include any area which, for the time being, is 
included within the local limits of jurisdiction of any other university 
established by law within West Bengal. 
(3) Notwithstanding anything contained in sub-section (1), any college 
or institution situated beyond the limits of any district referred to in clause 
(5) of section 2 may, with the sanction of the State Government, apply to 
the University for affiliation and the University may, subject to such 
conditions and restrictions as it may with the approval of the State 
Government think fit to impose, affiliate to itself such college or institution 
and admit the same to all the privileges of the University. 
6. The University may delegate such of its powers as it may deem 
expedient to any of the authorities constituted under section 16 or to any 
of its officers, and, may at any time withdraw, at its discretion, any power 
so delegated. 
7. The following shall be the officers of the University:— 
(i) the Vice-Chancellor, 
(ii) the Registrar, 
(iii) the Finance Officer, and 
(iv) such other persons in the service of the University as the 
University may declare to be officers of the University. 
The 	 8. (1) The Governor shall, by virtue of his office, be the Chancellor 
Cho❑cellor. 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 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 confen -ed 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. 
250 
The North Bengal University Act, 1981. 
XXV of 1981.] 
(Chapter IL—The University and its Officers.—Section 9.) 
(4) Every proposal to confer any honorary degree shall be subject to 
confirmation by the Chancellor. 
9. (1) The Vice-Chancellor shall be appointed by the Chancellor on 
the unanimous recommendation of the Court. If the Court fails to make 
any such recommendation, the Vice-Chancellor shall be appointed by the 
Chancellor in consultation with the Minister from a panel of three persons 
to be elected by the Court in accordance with the system of proportional 
representation by means of the single transferable vote. 
(2) (a). The Vice-Chancellor shall hold office for a term of four years 
or till he attains the age of 65 years, whichever is earlier, and shall be 
eligible for re-appointment for another term of four years or till he attains 
the age of 65 years, whichever is earlier. 
(b) The Chancellor may, notwithstanding the expiration of the term of 
the office of the Vice-Chancellor or his attaining the age of 65 years, allow 
him to continue in office till a successor assumes office, provided that he 
shall not continue as such for any period exceeding six months. 
(3) The Vice-Chancellor shall be a whole-time officer of the University 
and shall be paid from the University Fund such salary and alloWances as 
the Chancellor may decide in consultation with the State Government. 
(4) The Vice-Chancellor may resign his office by writing under his 
hand addressed to the Chancellor. 
(5) 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 
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 may appoint 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: 
The Vice- 
Chancellor. 
251 
The North Bengal University Act, 1981. 
[West Ben. Act 
Powers and 
duties of the 
Vice-
Chancellor. 
The 
Registrar. 
(Chapter 11.—The University and its officers.—Sections 10, 11.) 
10. ( I ) 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 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, the Councils for undergraduate studies and of any other authority 
or body of the University. 
(3) It shall be the duty of the Vice-Chancellor to ensure that the 
provisions of this Act and the Statutes, the Ordinances 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 of the authority or body which in the 
ordinary course, would have dealt with the matter: 
Provided that if the action taken by the Vice-Chancellor is not 
approved by the authority or body concerned, the matter shall immediately 
be referred to the Chancellor whose dicision thereon shall be final. 
(7) The Vice-Chancellor may, with the approval of the Executive 
Council, at any time delegate any of his powers other than the powers 
referred to in sub-section (6) to any other officer subordinate to him. 
11. (1) The Registrar shall be a whole-time officer of the University. 
He shall he 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. 
252 
The North Bengal University Act, 1981. 
XXV of 1981.] 
(Chapter 11.—The University and its officers.—Sections 12-15.) 
(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 with the 
approval of the Executive Council may appoint a Teacher of the University 
or an officer of the University temporarily for a total 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 as 
also of the Executive Council and shall exercise such powers and perform 
such duties as may be prescribed, or delegated to him by or under this Act 
and the Statutes, the Ordinances or the Regulations, as the case may be. 
13. (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 
Chariman, a nominee of the Chancellor, two nominees of the Executive 
Council and a nominee of the State Government. 
(2) The Finance Officer may resign his office by writing under his 
hand addressed to the Vice-Chancellor. 
(3) If the Finance Officer is for any reason temporarily unable to 
exercise the powers or perform the duties of his office, the Vice-Chancellor 
with the approval of the Executive Council may appoint a person temporarily 
for a total 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 
augmenting the resources of the University. 
(2) The Finance Officer shall exercise such other powers and perform 
such other duties as may be prescribed, or delegated to him by or under this 
Act and the Statutes, the Ordinances or the Regulations, as the case may be. 
15. In their respective spheres of duties, the Registrar and the Finance 
Officer shall, subject to the provisions of this Act, have the power of 
supervision and control over all officers and employees serving in 
departments under their charge and shall exercise such disciplinary power 
as may be conferred on them by or under this Act or by Statutes or 
Ordinances. 
Powers and 
duties of the 
Registrar. 
The Finance 
Officer. 
Powers and 
duties of the 
Finance 
Officer. 
S upervisory 
powers of 
the Registrar 
and the 
Finance 
Officer. 
253 
The North Bengal University Act, 1981. 
[West Ben. Act 
(Chapter 111. Authoritiesof the University.—Sections 16, 17.) 
CHAPTER III 
Authorities. 
Authorities of the University 
16. The following shall be authorities of the University:— 
(1) the Court; 
(2) the Executive Council; 
(3) the Faculty Councils for post-graduate studies; 
(4) the Councils for undergraduate studies; 
(5) the Boards of Studies; 
(6) the Finance Committee; 
(7) such other authorities as may be established under the Statutes. 
The Court. 17. (1) The Court shall consist of the followng:— 
(a) ex officio members 
(i) the Chancellor; 
(ii) the Vice-Chancellor; 
(iii) the immediately preceding Vice-Chancellor; 
(iv) the Deans of the Faculty Councils for post-graduate 
studies; 
(v) the Secretary, Education Department, Government of 
West Bengal; 
(vi) the Secretary, Finance Department, Government of 
West Bengal or his nominee not below the rank of 
Deputy Secretary to the Government of West Bengal; 
(vii) the President, West Bengal Council of Higher 
Secondary Education; 
(viii) the President, West Bengal Board of Secondary 
Education; 
(ix) the Principal, Darjeeling Government College; 
(x) the Principal, North Bengal Medical College; 
(xi) the Principal, Jalpaiguri Government Engineering 
College; 
(b) elected members 
(xii) four Professors of the University Departments 
elected by such Professors from amongst themselves 
of whom at least one shall belong to any Department 
under each Faculty Council for post-graduate studies; 
254 
The North Bengal University Act, 1981. 
XXV of 1981.] 
(Chapter III. Authorities of the University.—Section 17.) 
(xiii) eleven Teachers of the University Departments other 
than Professors elected by such Teachers from 
amongst themselves of whom at least four shall 
belong to the Departments under each Faculty Council 
for post-graduate studies; 
(xiv) ten Teachers, other than Principals, elected by the 
Teachers of affiliated colleges (other than teachers' 
training, engineering and medical colleges) from 
amongst themselves of whom at least one shall be a 
woman; 
(xv) one Teacher elected by the Teachers of Teachers' 
Training Colleges from amongst themselves; 
(xvi) two Teachers elected by the Teachers of Engineering 
College from amongst themselves of whom one shall 
be a Professor and one shall be a Teacher other than 
a Professor; 
(xv ii) two Teachers elected by the Teachers of Medical 
College from amongst themselves of whom one shall 
be a Professor and one shall be a Teacher other than 
a Professor; 
(xviii) three Principals of affiliated colleges (other than 
Medical and Engineering colleges), of whom one 
shall be a Principal of a Teachers' Training College, 
elected by the Principals of all affiliated colleges; 
(x x) three persons elected by the registered graduates from 
amongst themselves; 
(xx) three members of the West Bengal Legislative 
Assembly from the Assembly constituencies within 
the territorial jurisdiction of the University elected 
from amongst themselves by the members of the 
West Bengal Legislative Assembly of whom one 
shall belong to the subdivision of Kurseong or 
Kalimpong or Sadar subdivision of the district of 
Darjeeling; 
(xxi) three regular post-graduate students of the University 
of whom one shall be a lady student elected by such 
students from amongst themselves. 
255 
The North Bengal University Act, 1981. 
[West Ben. Act 
(Chapter III.—Authorates of the University.—Section 17.) 
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 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 II.—Notwithstanding anything 
contained elsewhere in this Act, aregular post-graduate 
student elected under this clause shall hold office for 
a period of two years from the date of his election or 
till he ceases to be a regular post-graduate student, 
whichever is earlier; 
(xxii) two regular students of undergraduate or post-graduate 
degree classes of affiliated colleges of whom one 
shall be a student of a Government College, elected 
by such undergraduate students from amongst 
themselves; 
Explanation I.—"Regular student" shall mean a 
student who has been prosecuting•his studies in any 
stream in an undergraduate or post-graduate degree 
class of an affiliated college and who is not in default 
of payment of prescribed tuition fees and other dues 
of such college till such date as may be notified by the 
University in this behalf; 
Explanation 11.—Notwithstanding anything 
contained elsewhere in this Act, a regular student 
elected under this clause shall hold office for a period 
of three years from the date of his election or till he 
ceases to be a regular student, whichever is earlier; 
(xxiii) one Research Scholar or Research Fellow of the 
University elected by such Research Scholars and 
Research Fellows. 
Explanation I.—"Research Scholar" or "Research 
Fellow" shall mean a whole-time Research Scholar or 
Research Fellow of the University who receives a 
stipend from the University; 
256 
The North Bengal University Act, 1981. 
XXV of 1981.] 
(Chapter 111.—Authorities of the University.—Section 17.) 
Explanation 11.—Notwithstanding anything 
contained elsewhere in this Act, a Research Scholar 
or a Research Fellow elected under this clause shall 
cease to hold office on the expiration of the term of 
Research Scholarship or Research Fellowship, as the 
case may be; 
(xxiv) one member to be elected by the Librarians of the 
University and the colleges affiliated to the University 
from amongst themselves; 
(xxv) three members elected by the members of the non-
teaching staff of the University from amongst 
themselves; 
(xxvi) two members elected by the members of the non-
teaching staff of colleges affiliated to the University 
from amongst themselves; 
(xxvii) one member elected by the officers of the University 
from amongst themselves; 
(c) nominated members 
(xxviii) four persons nominated by the State Government of 
whom— 
(a) one shall be a member of a registered trade 
union within the territorial jurisdiction of the 
University, 
(b) one shall be amember of a peasants' organisation 
within the territorial jurisdiction of the 
University, 
(c) one shall be a member of a primary school 
teachers' association within the territorial 
jurisdiction of the University, and 
(d) one shall be a member of a secondary school 
teachers' association within the territorial 
jurisdiction of the University; 
(xxix) one person nominated by the State Government from 
amongst the members of the Darjeeling Hill Areas 
Development Council; 
(xxx) three persons nominated by the Chancellor to secure 
the representation of the professions; 
(xxxi) one person nominated by the Government of Sikkim. 
(2) All elections to the Court shall be held in the manner presCribed by 
Statutes. 
257 
The North Bengal University Act, 1981. 
[West Ben. Act 
(Chapter 111—Authorities of the University.—Section 18.) 
Powers and 
functions of 
the Court. 
18. (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 functions:— 
(i) to establish University Departments, institutions, centres, 
libraries, laboratories and museums for study and research; 
(ii) to create and institute, with the approval of the State 
Government, Professorships, Readerships, Lectureships and 
such posts including posts of officers as may be necessary for 
the establishment of the University Departments, institutions, 
centres, libraries, laboratories and museums referred to in 
clause (i); 
(iii) to institute degrees, titles, diplomas, certificates and other 
academic distinctions; 
(iv) to institute fellowships, travelling fellowships, scholarships, 
studentships, stipends, bursaries, exhibitions, medals and 
prizes to be awarded out of the University Fund; 
(v) to confer degrees, titles, diplomas, certificates and other 
academic distinctions on persons who— 
(a) have pursued prescribed courses of studies or have been 
exempted therefrom in the manner prescribed, and have 
passed such examinations as may be prescribed, or 
(b) have carried on research in accordance with such 
conditions as may be prescribed; • 
(vi) to withdraw or to cancel degrees, titles, diplomas, certificates 
or other academic distinctions under such conditions as may 
be prescribed by Statutes and after giving the person affected 
a reasonable opportunity to present his case; 
(vii) to confer honorary degrees or other academic distinctions; 
(viii) to consider the Annual Statement of Accounts 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 of vote in favour of 
the resolution; 
(ix) to consider the Annual Report as prepared by the Executive 
Council and to pass such resolutions relating thereto as may 
be considered necessary; 
258 
The North Bengal University Act, 1981. 
XXV of 1981.1 
(Chapter HT—Authorities of the University.—Section 19.) 
(x) to consider and advise on such other reports from the Executive 
Council or any other body as may be made to it; 
(xi) to consider, and advise on, proposals from the Executive 
Council for entering into agreement with the Government or, 
with the approval of the State Government, with any persons, 
body or authority for the taking over by the University of the 
management of any college or institution, including its assets 
and liabilities, or for any other purpose not repugnant to the 
provisions of this Act; 
(xii) to consider, and advise on, proposals from the Executive 
Council for co-operation with other universities, institutions 
and educational authorities in matters that relate to or further 
the educational objectives of the University; 
(xiii) to consider and suggest measures for the improvement of the 
administration and finances of the University, and generally 
for the furtherance of its objectives; 
(xiv) to make rules for the transaction of its own business; 
(xv) to exercise all other powers and perform all other functions 
conferred and imposed on the Court by or under this Act. 
(2) The Court shall not exercise the powers and perform the functions 
referred to in clauses (i) to (vii) of sub-section (1) except on the 
recommendation of the Executive Council, but may send proposals in 
respect thereof to the Executive Council for its recommendation. 
(3) The Court shall have the power to review the action of the 
Executive Council, save where the Executive Council has acted in 
accordance with the powers conferred on it by or under this Act: 
Provided that if any question arises as to whether the Executive 
Council has acted in accordance with the powers conferred on it by or 
under this Act, the matter shall be decided by reference to the Chancellor 
whose decision shall be final. 
19. (1) The Court shall meet at least thrice in a financial year, other 
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 the members of Court plus one 
shall be a quorum for a meeting of the Court: 
Provided that such quorum shall not be required at a convocation. 
Meetings of 
the Court. 
259 
The North Bengal University Act, 1981. 
[West Ben. Act 
The 
Executive Council. 
(Chapter HT—Authorities of the University.—Section 20.) 
(3) The Vice-Chancellor may, whenever he thinks fit, and shall, upon 
a requisition in writing signed by not less than one-third of members of the 
Court, convene a meeting of the Court. A meeting on such requisition shall 
be held within fifteen days of the receipt of the requisition by the Vice-
Chancellor. 
20. (1) The Executive Council shall consist of the following:— 
(a) ex officio members 
(i) the Vice-Chancellor; 
(ii) the Deans of the Faculty Councils for post-graduate 
studies; 
(iii) the Secretary, Education Department, Government of 
West Bengal; 
(iv) the Secretary, Finance Department, Government of 
West Bengal or his nominee not below the rank of 
Deputy Secretary to the Government of West Bengal; 
(v) the President, West Bengal Council of. Higher 
Secondary Education; 
(vi) the Principal, Darjeeling Government College; 
(vii) the Principal, Jalpaiguri Government Engineering 
College; 	 • 
(viii) the Principal, North Bengal Medical College; 
(b) elected members 
(ix) two Professors elected jointly by the Professors of the 
Faculty Councils for post-graduate studies from 
amongst themselves of whom not more than one shall 
belong to the same Faculty Council; 
(x) two post-graduate Teachers, other than Professors 
elected jointly by the Teachers (other than Professors) 
of the Faculty Councils for post-graduate studies from 
amongst themselves of whom not more than one shall 
belong to the same Faculty Council; 
(xi) (a) one Professor of the University elected by such 
Professors of the University as are members of 
the Court from amongst themselves, 
(b) one post-graduate Teacher of the University other 
than a Professor elected by such Teachers as are 
members of the Court from amongst themselves, 
260 
The North Bengal University Act, 1981. 
XXV of 1981.] 
(Chapter 111—Authorities of the University.—Section 20.) 
(c) one Teacher of an undergraduate college elected 
by such Teachers of undergraduate colleges as are 
members of the Court from amongst themselves; 
(x ii) one person, other than a Teacher or a student or a 
member of the non-teaching staff or an officer, elected 
by such persons as are members of the Court (other 
than Teachers, students, members of the non-teaching 
staff or officers) from amongst themselves; 
(xiii) (a) one non-teaching employee of the University 
elected by such non-teaching employees of the 
University as are members of the Court, 
(b) one student elected by such students as are 
members of the Court from amongst themselves, 
(c) one member of the West Bengal Legislative 
Assembly elected by such members of the West 
Bengal Legislative Assembly as are memberS of 
the Court from amongst themselves; 
(xiv) the member elected under clause (xxvii) of sub-sec on -
(1) of section 17; 
(xv) four persons elected by the members of the Councils 
for undergraduate studies from amongst themselves 
of whom— 
(a) two shall be Teachers other than Principals, from 
the Council for Undergraduate Studies in Arts, 
Science, Commerce and Law, 
(b) one shall be a Teacher, other than a Principal. 
from the Council for Undergraduate Studies in 
Engineering and Technology, and 
(c) one shall be a Teacher, other than a Principal, 
from the Council for Undergraduate Studies in 
Medicine; 
(xvi) one Principal elected by such Principals of colleges 
imparting instuction in Arts, Science, Commerce and 
Law as are members of the Council for Undergraduate 
Studies in Arts, Science, Commerce and Law from 
amongst themselves; 
(c) nominated member 
(xvii) one person nominated by the Chancellor. 
(2) All elections to the Executive Council shall be held in the manner 
prescribed by Statutes. 
261 
The North Bengal University Act, 1981. • 
[West Ben. Act 
- 	 ..... 
;‘,•;.„(Chapter
- 
 1.1L—Author.ties of the University.—Section 21.) 
• (AO,One.**, of the total number of members of the Executive , 	 • 	 •  
COinteil plus.,one sladAl bed quorum for a meeting of the Executive Council. 
Powers and • . 21.. Stihjecttc4he tprovisions of this Act, the Executive Council shall 
functions a exercas'e the followinl powers and perform the following functions:— .. 
the  
Exeentive 	 • „ (i) to initiate proposals for the making of Statutes and Ordinances 
	
Council. 	 - ., 	
. iiclnding proposals for amendment or repeal thereof, in the 
4°-  • . matt -ter hereinafter provided; . 	 * 	 . 	 . 
. . 	 (ii) to re d -riinend to the Court, after consulting the respective 
4:- .• 	 Facuity Councils for post-graduate studies, the establishment 
, . 	 of.University Departments, institutions, centres, libraries, 
' laboratories and museums for study and research; ..  
:r I  (iii) to maintain University Departments, University institutions, 
.*;: n • 	 University libraries, University laboratories and University 
4. 	 • • in    1. _ 	 ' 	 mukedrns;, 
- 	 .. (ix). Iciestaf.  .,h, maintain, manage and recognize Halls and Hostels; 
# 	
-/'' s'') to dirrect the inspection of University libraries, University 
. labbratories, University museums, Halls and Hostels; 
44.1 V • V 	 'f(vi) to recommend to the Court, after consulting the respective 4,.;. . * 	 • ,..,.i'. 	 • Facu'ly Councils for post-graduate studies the institution of f 	 ..40. 	 ..., 
	
#1 r 	 . , fell ^nA' ships, travelling fellowships, scholarships, studentships, • t "'stip ds, bursaries, exhibitions, medals and prizes, the 
	
* •.„, 	 exg ; ses of which shall be met from the University Fund, and 
- • to award the same after institution thereof by the Court; .  
a. 4vii) tort - ,*pmmend to the Court, after consulting the respective 
	
4.  e p 	 Facl•It57 Councils for post-graduate studies, the creation and 
-institution of Professorships, Readerships, Lectureships and 
, such posts as may be necessary for the establishment of the ..4. 	 ' " Onversity departments, institutions, centres, libraries, 
'•*" ' 
	
	 • laioratories and museums referred to in clause (i) of sub- 
section (1) of section 18; 
• ;v4iii)‘ to create, with the approval of the State Government, posts of 
officers, Teachers and other employees of the University or 
• to recommend to the Court for creation of posts of officers 
and Teachers of the University; 
''' 4. 	 (1.4) to prescribe the minimum qualifications for post of officers, 
• Teachers and other employees of the University; y.. • '''s (f) .tc) appoint Teachers, officers and employees of the University 
i.; 'And to fix their emoluments and define their duties and other - 
- 4,,t , 	 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; 
262 
The North Bengal University Act, 1981. 
XXV of 1981.] 
(Chapter 111.—Authorities of the University..—Section 21.) 
(xi) to pass appropriate orders on the basis of the recommendation 
of the respective Council for undergraduate studies regarding 
affiliation of a college or an institution in one or more subjects 
or withdrawal of affiliation or recognitionef a college or an 
institution or temporary take over of the ilianagemett of an 
affiliated or a recognised college or institution; _ • 
(xii) to make draft of Statutes, on the recam‘m.endAtiort of the 
respective Council for undergraduate studies,los ,  collages, • 
other than Government Colleges, prescribing thle constitution, 
powers and functions of their Governing B• ices; 
(xiii) to determine

Excerpt shown. Open the full act in Lexace.

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