The North Bengal University ( Temporary Supersession ) Act, 1978

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act IV of 1978 
THE NORTH BENGAL UNIVERSITY (TEMPORARY 
SUPERSESSION) ACT, 1978. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta 
Gazette, Extraordinary, of the 25th March, 1978.] 
[25th March, 1978.] 
An Act to provide for the supersession of the University of North 
Bengal for a temporary period and for carrying on the 
administration of the said University during the period of 
supersession. 
WHEREAS it is necessary to provide for the supersession of the 
University of North Bengal for a temporary period to facilitate 
reorganisation for more efficient functioning, and for carrying on 
the administration during the period of supersession; 
It is hereby enacted in the Twenty-ninth Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the North Bengal University Short title and 
(Temporary Supersession) Act, 1978. 	 commence- 
ment. 
(2) It shall he deemed to have come into force on the 12th 
day of January, 1978. 
Definitions. 
West Ben. Act 
XXVII of 
1961. 
2. (1) In this Act, unless the context otherwise requires,— 
(a) "the Act" means the North Bengal University Act, 1961; 
(b) "the Council" means the North Bengal University Council 
referred to in clause (b) of section 4 of this Act; 
(c) "Minister" means the Minister-in-charge of Higher 
Education in the Department of Education of the 
Government of West Bengal; 
(d) "the University" means the University of North Bengal 
as defined in clause (j) of section 2 of the Act. 
11 
The North Bengal University (Temporal .): Supersession) 
Act, 1978. 
[West Ben. Act 
Supersession 
of the 
University. 
Consequences 
of superses-
sion. 
(Sections 3, 4.) 
(2) All other words and expressions used in this Act shall 
have the same meanings as assigned to them in the North Bengal 
University Act, 1961. 
3. ( /) Whereas it is necessary to take action in providing for 
the supersession of the University of North Bengal, it is hereby 
declared that this University shall, with effect from the date of 
coming into force of this Act and for a period of one year 
thereafter, stand superseded. 
(2) The State Government may, by notification in the Official 
Gazette, extend the period referred to in sub-section (1) from time 
to time but not exceeding a period of six months at a time, and the 
total period of supersession shall not exceed two years in all. 
4. With effect from the date of coming into force of this 
Act,— 
West Ben. Act 
XXVII of 
1961. 
(a) all the members of the University except the Chancellor, 
the Vice-Chancellor and those referred to in clauses (iii), 
(iv) and (xii) of sub-section (1) of section 8 of the Act, 
and the members of the Executive Council, the Academic 
Council, Faculties, Committees and other authority or 
authorities constituted under sub-section (1) of section 7 
of the Act or any Statutes, Ordinances, Regulations or 
Rules made thereunder shall vacate their respective 
offices; 
(b) all the powers and duties which may, under the provisions 
of the Act, or any Statutes, Ordinances, Regulations and 
Rules made thereunder, be exercised and performed by 
the University, the Executive Council, the Academic 
Council and all Committees, Board or other bodies shall 
be exercised by the Council to be known as the North 
Bengal University Council in the manner provided; 
(c) the Council shall consist of the Chancellor, the Vice-
Chancellor, members referred to in clauses (iii), (iv) and 
(xii) of sub-section (1) of section 8 of the Act, the 
President, West Bengal Council of Higher Secondary 
Education and not more than fifteen, but not less than 
seven persons from amongst the teachers of the University, 
12 
The North Bengal University (Temporary Supersession) 
Act, 1978. 
I Vof 1978.] 
(Section 4.) 
and Principals and teachers of constituent and affiliated 
colleges nominated by the Chancellor in consultation 
with the Vice-Chancellor and the Minister: 
Provided that the Registrar shall act as the Secretary 
to the Council; 
(d) the Council so constituted shall carry on the functions of 
the University, the Executive Council, the Academic 
Council, Faculties, Boards and other body or bodies 
constituted under the Act or any Statutes, Ordinances, 
Regulations or Rules made thereunder: 
Provided that the Council may, with the approval of 
the Chancellor, delegate any of its powers to such body 
or bodies as may be constituted to carry on the functions 
of the Executive Council, the Academic Council and 
other body or bodies which may have been constituted 
under the Act or any Statutes, Ordinances, Regulations 
or Rules made thereunder: 
Provided further that any vacancy in the Council or 
body or bodies, if any, constituted by the Council, due to 
omission to nominate members, death, resignation or 
otherwise shall not invalidate the proceedings of the 
Council or the body or bodies constituted: 
Provided also that the delegation shall not prevent 
the exercise of any such powers or performance of any 
such duties by the Council; 
(e) twenty-five per cent. of the members of the Council shall 
form the quorum for a meeting of the Council and 
twenty-five per cent. of the members of the particular 
body to which functions may be delegated under clause 
(d) shall form the quorum for a meeting of that body: 
Provided that the Chancellor, or in his absence, the 
Vice-Chancellor shall preside at meetings of the Council; 
(f) all the provisions in the Act, Statutes, Ordinances, 
Regulations or Rules made thereunder, shall, if in conflict 
with the provisions of this Act, stand modified: 
13 
The North Bengal University (Temporary Supersession) 
Act, 1978. 
[West Ben. Act IV of 1978.] 
(Sections 5-8.) 
Provided that nothing in this clause shall affect the 
powers of the Chancellor or the Vice-Chancellor under 
the Act, Statutes, Ordinances, Regulations or Rules 
made thereunder. 
Filling up of 
vacancies. 
Power to 
remove 
difficulties 
University to 
continue as a 
body 
Corporate. 
Repeal and 
savings. 
5. Vacancies in the Council by resignation, death or otherwise 
during the period of supersession shall be filled up by the Chancellor 
in consultation with the Vice-Chancellor and the Minister, in so far 
as it is not inconsistent with this Act. 
6. If in view of the provisions of the North Bengal University 
Act, 1961, any difficulty arises ingiving effect to the provisions of 
this Act, the Council shall refer the difficulty to the State 
Government which may make such order or do such thing not 
inconsistent with the provisions of this Act, as appears to it to be 
necessary or expedient for removing that difficulty. 
7. Nothing in this Act shall be construed as effecting or 
implying in any way the dissolution of the University as a body 
corporate as described in section 3 of the Act. 
8. (1) The North Bengal University (Temporary Supersession) 
Ordinance, 1978, is hereby repealed. 
(2) Anything done or any action taken under the said 
Ordinance shall be deemed to have been validly done or taken 
under this Act. 
West Ben. Act 
XXVII of 
1961. 
West Ben. 
Ord. IV of 
1978. 
14 

‹ Prev All West Bengal acts Next ›