The Sidho-kanho-birsha University Act, 2010
West Bengal · state statute
Open in Lexace · Ask the AI about this actRegistered No. WB/SC-247 Mbe No. WB(Part-III)/2010/SAR-15 ik ).-t GSA- (1 t t ' 4() tt- 1, r 7 .6,-)( / toette Rolkata Extraordinary Published by Authority ASADHA 15] TUESDAY, JULY 6, 2010 [SAKA 1932 PART HI—Acts of the West Bengal Legislature. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NO 111-ICATION No. 1043-L.--6th July, 2010.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XII of 2010 THE SIDHO-KANHO-BIRSHA UNIVERSITY ACT, 2010. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 6th July, 2010.] An Act to provide for the constitution of the Sidho-Kanho-Birsha University and for certain matters incidental thereto and connected therewith. WHEREAS it is expedient to constitute the Sidho-Kanho-Birsha University to enable it to function efficiently as a University encouraging and providing for 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 the society and to make the constitution of various authorities or bodies of the University more democratic; It is hereby enacted in the Sixty-first Year of the Republic of India, by the Legislature of West Bengal, as follows:— 2 THE KOLKATA GAZE I I b, EXTRAORDINARY, JULY 6, 2010 [PART III The Sidho-Kanho-Birsha University Act, 2010. (Chapter 1.—Preliminary.—Sections 1, 2.) CHAPTER I Preliminary Short title and 1. (1) This Act may be called the Sidho-Kanho-Birsha University Act, 2010. commencement. (2) This section and section 58 shall come into force at once; and the remaining provisions of this Act shall come into force on such date or dates as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act. Definitions. 2. In this Act, unless there is anything repugnant in the subject or context,— (1) "affiliated" in relation to a college or an institution means affiliated to the Sidho-Kanho-Birsha Univertity under this Act, in which instruction is provided, under prescribed conditions, for General courses of study, Professional courses of study, Vocational courses of study, etc. at the Undergraduate as well as at the Post-graduate levels of study; (2) "appointed day" means the date referred to in sub-section (5) of section 58; (3) "autonomous college" means a college affiliated to the University and enjoying academic freedom to— (a) determine and prescribe its own courses of study and syllabi; (b) determine rules of admission subject to the reservation policy of the State Government; and (c) evolve methods of conduction of examination and evaluation, under the guidelines and overall supervision of the University; (4) "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; (5) "convocation" means a meeting of the court for the purposes of conferring degrees, titles, diplomas, certificates or other academic distinctions; (6) "distance education" means instruction imparted through correspondence or distance mode as recognized by the appropriate authority; (7) "district" means the districts of Bankura and Purulia or any district which may be created in future out of any part thereof; (8) "employee" in relation to the University means a person employed by the University; (9) "financial year" means the year ending on the 31st day of March; (10) "Government college" means a college affiliated to the University which is maintained and managed by the Government of West Bengal; (11) "Governor" means the Governor of the State of West Bengal; (12) "hall" or "hostel" means a unit of residence of students maintained by the University; (13) "Librarian" means,— (a) in relation to the University, a Librarian or any other person holding a post of Librarian, by whatever name called, appointed or recognized as such by the University, and (b) in relation to a college affiliated to the University, Librarian or any other person holding a post of Librarian, by whatever name called, appointed or recognized by the University or appointed by such college; PART Ill] THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 6, 2010 3 The Sidho-Kanho-Birsha University Act, 2010. (Chapter I.—Preliminary.—Section 2.) (14) "Minister" means the Minister-in-charge of the Department of Higher Education appointed as such by the Governor; (15) "non-teaching staff" means,— (a) in relation to the University, the non-teaching staff appointed or recognized as such by the University not holding any teaching post or a person not holding the post of an officer or a person not holding the post of Librarian, by whatever name called, (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 a Librarian by whatever name called; (16) "prescribed" means prescribed by statutes, ordinances, regulations and rules made under this Act; (17) "principal" means the head of a college or of an institution, by whatever name called; (18) "private college" means a college which is fully financed, maintained and managed by private organization; (19) "professional college" means a college affiliated to the University in which instruction is provided primarily for courses of study leading to any degree, diploma or certificate of the University in any professional subject and which is recognized under this Act as a professional college; (20) "professional subject" means any of the following subjects, namely, law, teachers' training, engineering, technology, agriculture, library and information science, mass communication and journalism, management studies or such other subject as may be prescribed by regulations; (21) "registered graduate" means a graduate registered under this Act atleast three months prior to the date of election of members to the court on application in the prescribed form and on payment of a fee as prescribed; (22) "State Government" means Government of West Bengal in the Department of Higher Education; (23) "statutes", "ordinances", "regulations" and "rules" mean respectively, the statutes, ordinances, regulations and rules made under this Act; (24) "Students' Union" means,— (a) in relation to the University, the Students' Union constituted in the manner prescribed, and (b) in relation to an affiliated college, the Students' Union constituted in the manner prescribed; (25) "Teacher" means a Professor, Principal, Reader, Lecturer or any other person holding a whole-time teaching post, appointed or recognized by the University or appointed by an affiliated college or institution; (26) "Teacher of the University" means a Professor, Reader, Lecturer or any other person, holding a teaching post including a part-time teaching post, appointed or recognized as such by the University; (27) "University" means the Sidho-Kanho-Birsha University as constituted under this Act having campuses in each district covered under clause (2); (28) "University College" means a college, or an institute, or a college combined with an institute, maintained and managed by the University, whether established by it or not; 4 THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 6, 2010 [PART III The Sidho-Kanho-Birsha University Act, 2010. (Chapter 11.—The University and its Officers.—Sections 3, 4.) (29) "University Laboratory", "University Library", "University Museum", or "University Institution" means a laboratory, a library, a museum or an institution, as the case may be, maintained and managed by the University, whether established by it or not; (30) "University Professor", "University Reader" or "University Lecturer" means a Professor, Reader or Lecturer appointed or recognised as such by the University. CHAPTER II The University and its Officers The University. Powers of the University. 3. (1) The first Chancellor and the first Vice-Chancellor of the University and the first members of the Court and the Executive Council, and all persons who may hereafter become the Chancellor or the Vice-Chancellor of the University or the members of the Court or the Executive Council, so long as they continue to hold such office or membership, shall constitute a body corporate by the name of the Sidho-Kanho-Birsha University. (2) The University shall have perpetual succession and a common seal and shall sue and be sued by the name of the Sidho-Kanho-Birsha University. 4. The University shall have the following powers, namely:— (1) to encourage and provide for instruction, teaching, training and research in such branches of learning and courses of study as it may think fit, and generally to promote the advancement and dissemination of knowledge and learning, and the extension of higher education with special emphasis on the study of indigenous languages as well as culture and rural development; (2) to establish, maintain and manage colleges, libraries, laboratories, museums and such other institutions or centres for study and research as it may deem necessary; (3) to provide for specialization of studies in colleges and for organization by colleges of common laboratories, libraries, museums and other institutions or centres for study and research work; (4) to affiliate to itself colleges or institutions or centres and to withdraw such recognition; (5) to recognize affiliated colleges as professional colleges or autonomous colleges or Government Colleges or private colleges and to withdraw recognition of any such college; (6) to prescribe for affiliated colleges, other than Government colleges— (a) the constitution, powers and functions of their Governing bodies; (b) and for the colleges other than the Government colleges and the private colleges, with the approval of the State Government— (i) the terms and conditions of service and emoluments for posts of Principals, Teachers and such other employees as it may deem fit; (ii) the rules for Provident funds; and (iii) the duties and responsibilities of the Principal, Teachers and any other employee as deem fit and disciplinary actions for negligence or violations thereof; PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 6, 2010 5 The Sidho-Kanho-Birsha University Act, 2010. (Chapter II.—The University and its Officers.—Section 4.) (7) to prescribe for affiliated colleges the constitution, powers and functions for Teachers' Councils; (8) to provide for the inspection, or investigation into the affairs, of colleges or institutions recognized by it or affiliated to it and to exercise general supervision and control over them; (9) to disaffiliate a college or an institution in any subject or subjects, or to withdraw affiliation or recognition of colleges or institutions, if necessary; (10) to take over for a period of twelve months the management of any college or institution, affiliated to, or recognized by the University, other than a Government College or institution, or a private college in order to ensure that proper standards of teaching, training or instruction are maintained therein: Provided that the University may, if it considers it necessary so to do, extend such period, however, that the aggregate period shall not extend eighteen months; (11) to dissolve the Governing Body of any affiliated college, professional college, autonomous college, institution, other than a private college or a Government College and pending reconstitution of the Governing Body thereof in such manner as may be prescribed to appoint an Administrator or an adhoc Governing Body: Provided that the reconstitution of the Governing Body shall be made within a period of twelve months from the date of dissolution: Provided further that the University may, if it considers it necessary so to do, extend such period, however, that the aggregate period shall not exceed eighteen months; (12) to institute degrees, titles, diplomas, certificates and other academic distinctions; (13) to hold examinations and to confer degrees, titles, diplomas, certificates and other academic distinctions on persons who shall have pursued an approved course of study in an affiliated college, professional college or University College or a University Laboratory unless exempted therefrom in the manner prescribed and shall have passed the prescribed examinations of the University, or shall have carried on research under conditions prescribed; (14) 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; (15) to confer honorary degrees or other academic distinctions under conditions prescribed; (16) to institute Professorship including distinguished or chair Professorships, Readerships, Lectureships and other teaching posts required by the University with the approval of the State Government and to appoint persons to such Professorships, Readerships, Lectureships or other teaching posts, or to recognize persons as Professors, Readers or Lecturers of the University, or as holders of other teaching posts of the University for the purpose of imparting instruction and for conducting research in the University; (17) to create posts, as and when required, of officers and employees of the University besides those provided for in this Act with the concurrence and approval by the State Government; 6 THE KOLKATA GAZE Fib, EXTRAORDINARY, JULY 6, 2010 [PART III The Sidho-Kanho-Birsha University Act, 2010. (Chapter 11.—The University and its Officers.—Section 4.) (18) to prescribe, subject to the provisions of this Act, the constitution, powers and duties of the Boards of Studies, the Finance Committee, and other bodies as may be prescribed; (19) to prescribe the powers and duties of officers of the University; (20) 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 categories of posts of the University; (21) to make provisions for provident and other funds for the employees of the University; (22) to prescribe fees or other charges for examinations and other purposes, and to demand and receive the fees or other charges so prescribed; (23) to establish, maintain and manage halls and hostels and to recognise them and to withdraw such recognition; (24) to provide for the promotion of the health and welfare of students and of discipline among them; (25) to co-ordinate the activities of, and give financial aid to affiliated or recognized colleges and institutions; (26) to extend grant to the National Service Scheme and National Cadet Corps from the University Fund; (27) to enter into an agreement with the Government or with any person, body or authority for taking over by the University of the management of any college or institution, including its assets and liabilities, or for any other purpose not repugnant to the provisions of this Act; (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 for or on behalf of any college or institution established by, affiliated to, or recognized by, the University, and to institute awards, fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes; (30) to accept grants and to raise loans or to accept loans from the Central or any State Government or the University Grants Commis- sion, and with the approval of the State Government also from the other sources; (31) to co-operate with other Universities, institutions and educational authorities in matters that relate to and further the educational objectives of the University; (32) 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; (33) to impart instruction through distance education with the approval of the Distance Education Council; (34) to introduce interdisciplinary or multi-disciplinary integrated courses in selected subjects; PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 6, 2010 7 The Sidho-Kanho-Birsha University Act, 2010. (Chapter 11.—The University and its Officers.—Sections 5, 6.) (35) to initiate collaborative teaching and research programme with other universities and to provide modalities for Credit Transfer and Award of Joint Degrees if deemed necessary. Jurisdiction of the University. Delegation of Powers. 5. (1) Save as hereinafter otherwise provided, the local limits of jurisdic- tion of the University (hereinafter referred to as the territorial limits of the University) shall not extend beyond the limits of any district referred to in clause (7) of section 2. (2) Notwithstanding anything contained in sub-section (1), any college or institution situated beyond the limits of any district defined in clause (7) of section 2, if the State Government in consultation with the West Bengal State Council of Higher Education accords approval, may apply to the University for affiliation and the University may, subject to such conditions and restrictions as it may, with the approval of the State Government, think fit to impose, admit the same to all the privilages of the University. (3) Notwithstanding anything contained in any other law for the time being in force, with effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf (hereinafter in this section referred to as the said date)— (a) such colleges existing on the said date within the limits of the districts referred to in clause (7) of section 2 as may be specified in the notification, shall— (i) be deemed to be affiliated to the University and continue to be so affiliated until the University otherwise directs; and (ii) cease to be affiliated to the University of Burdwan or any other University to which they may have been affiliated before the said date subject to the conditions that nothing in this Act shall affect the powers exercised by the West Bengal University of Technology and the West Bengal University of Medical Sciences; (b) any Teacher, Principal or member of Governing Body of any such college or institution holding, by virtue of his being such Teacher, Principal or member of Governing Body, any office in or under the University of Burdwan or any of the authority of the said University, shall cease to hold such office and the vacancy so caused shall be deemed to be a casual vacancy for the purpose of Burdwan University Act, 1981; (c) no college or institution situated within the local limits of the jurisdiction of the University, but not admitted to its privileges, shall be associated with or be admitted to the privileges of any other University except with the prior approval of the State Government. (4) To enable higher education to reach the unreached, the territorial limit shall not be insisted upon in the matter of Distance Education Mode of Learning. 6. The University may delegate such of its powers, as it may deem expedient to any of its authorities referred to in section 16 or to any of his officers, and may, at any time, withdraw at its discretion any power so delegated. West Ben. Act XXIII of 1981. 8 THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 6, 2010 [PART III Officers of the University. The Sidho-Kanho-Birsha University Act, 2010. (Chapter 11.—The University and its Officers.—Sections 7-9.) 7. The following shall be the officers of the University:— (1) the vice-Chancellor; (2) the Registrar; (3) the Finance Officer; and (4) persons holding such other posts as may declared by statutes to be posts of officers of the University. The Chancellor. The Vice-Chancellor. 8. (1) The Governor shall, by virtue of his office, be the Chancellor of the University. He shall be the head of the University and the President of the Court and shall, when present, preside at the meetings of the Court. (2) The Chancellor shall exercise such powers as may be conferred on him by or under the provisions of this Act. (3) Where power is conferred upon the Chancellor to make nominations to any authority or body of the University, the Chancellor shall, to the extent necessary, nominate persons to represent interests not otherwise adequately represented. (4) Every proposal to confer any honorary degree shall be subject to confirmation by the Chancellor. 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 period four years or till he attains the age of 65 years, whichever is earlier and shall, subject to the provisions of this section, be eligible for reappointment for a period not exceeding four years; (b) the Chancellor may, notwithstanding the expiration of the term of the office of Vice-Chancellor or his attaining the age of 65 years, allow him to continue in office till a successor assumes office: Provided that he shall not continue a such for any period exceeding six months. (3) The Vice-Chancellor shall be a whole-time officer of the University and shall be paid from the University Fund such pay and allowances as the Chancellor may decide in consultation with the State Goverment. (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 PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 6, 2010 The Sidho-Kanho-Birsha University Act, 2010. (Chapter 11.—The University and its Officers.—Section 10.) (b) a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation or expiry of the term of his office, removal or otherwise, then during the period of such temporary inability or pending the appointment of a Vice-Chancellor, as the case may be, the Chancellor may, in consultation with the Minister, appoint any person to exercise the powers and perform the duties of the Vice-Chancellor. (6) The vancancy in the office of the Vice-Chancellor occurring by reason of death, resignation or expiry of the term of his office, removal or otherwise shall be filled up by appointment of a Vice-Chancellor in accordance with the provisions of sub-section (1) within a period of six months from the date of occurrence of the vacancy. Powers and duties of the Vice- Chancellor. 10. (1) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall, in the absence of the Chancellor, preside at 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 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 and the rules, 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 this 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, Regulations or Rules. (6) The Vice-Chancellor may take on behalf of the University such action as he may deem expedient in any matter which, in his opinion, is either urgent or of an emergent nature and shall report the same for confirmation at the next meeting to the authority or body which, in the ordinary course, would have dealt with the matter: Provided that if the action taken by the Vice-Chancellor is not approved by the authority or body concerned, the matter shall immediately be referred to the Chancellor whose decision thereon shall be final. (7) The Vice-Chancellor may, with the approval of the Executive Council, delegate any of his powers to any other officer subordinate to him. 10 THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 6, 2010 [PART III The Sidho-Kanho-Birsha University Act, 2010. (Chapter IL—The University and its Officers.—Sections 11-15.) The Registrar. Powers and duties of the Registrar. The Finance Officer. 11. (1) The Registrar shall be a whole-time officer of the University and shall be appointed by the Executive Council on the recommendation of a Committee consisting of the Vice-Chancellor as Chairman, a nominee of the Chancellor, two nominees of the Executive Council and a nominee of the State Government, and on such terms and conditions, as prescribed by or under this Act. (2) The Registrar may resign his office by writing under his hand addressed to the Vice-Chancellor. (3) If the Registrar is for any reason temporarily unable to exercise the powers or perform the duties of his office, the Vice-Chancellor may with the approval of the Executive Council appoint a teacher of the University or an officer of the University, temporarily for a period not exceeding six months, to exercise the powers and perform the duties of the Registrar. 12. Subject to the supervision, direction and general control of the Vice-Chancellor, the Registrar shall act as the Secretary of the Court 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. 13. (1) The Finance Officer shall be a whole-time officer of the University. He shall be appointed by the Executive Council on the recommendation of a committee consisting of the Vice-Chancellor as the Chairman, a nominee of the Chancellor, two nominees of the Executive Council and a nominee of the State Government for such period and on such terms and conditions as may be prescribed by or under this Act. (2) The Finance Officer may resign his office by writing under his hand addressed to the Vice-Chancellor. (3) If the Finance Officer is for any reason temporarily unable to exercise the powers and perform the duties of his office, the Vice-Chancellor, with the approval of the Executive Council, may appoint a person temporarily for a period not exceeding six months to exercise the powers and perform the duties of the Finance Officer. Powers and duties of the Finance Officer. Supervisory Powers of the Registrar and the Finance Officer. 14. (1) Subject to the supervision, direction and general control of the Vice- Chancellor, the Finance Officer shall be in charge of the administration of the funds, the finances and the properties and assets of the university and of all trusts and endowments, and he shall take special interest in activities that aim at raising funds for the purposes of the University and for augmenting the resources of the University. (2) The Finance Officer shall exercixe such other powers and perform such other duties as may be prescribed or delegated to him by or under the provisions of this Act, the Statutes, the Ordinances or the Regulations, as the case may be. 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 charges and shall exercise such disciplinary power as may be conferred on them by or under this Act or by the Statutes or Ordinances or the Regulations, as the case may be. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 6, 2010 11 The Sidho-Kanho-Birsha University Act, 2010. (Chapter HT—Authorities of the University.—Sections 16, 17.) Authorities. The Court. CHAPTER III Authorities of the University 16. The following shall be the 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. 17. (1) The Court shall consist of the following:— (a) Ex-officio Members— (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the Registrar; (iv) the immediately preceding Vice-Chancellor; (v) the Secretary, Department of Higher Education, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal; (vi) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal; (vii) the President, West Bengal Council of Higher Secondary Education; (viii) the President, West Bengal Board of Secondary Education; (ix) the President, West Bengal Board of Madrasah Education; (x) the President, West Bengal State Council of Vocational Education and Training; (xi) the Chairman, West Bengal College Service Commission; (xii) the Deans of the Faculty Councils for Post-graduate Studies; (xiii) one Principal of the autonomous colleges by rotation nominated by the Vice-Chancellor; (b) Elected Members— (xiv) not more than three Professors of the University Departments elected by such Professors of whom at least one shall belong to any Department under each Faculty Council for Post-graduate Studies; (xv) not more than six teachers of University Departments other than Professors elected by such teachers from amongst themselves of whom at least one shall belong to any Department under each Faculty Council for Post-graduate Studies; (xvi) seven teachers, other than Principals, of affiliated colleges including private colleges, professional colleges and autonomous colleges, elected by Teachers of such colleges from amongst themselves of whom— (a) one shall be from the professional college; (b) one shall be from a teachers' training college; (c) one shall be from an engineering college, if there be any; 12 THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 6, 2010 [PART III The Sidho-Kanho-Birslza University Act, 2010. (Chapter 111.—Authorities of the University.—Section 17.) (xvii) three Principals of affiliated colleges elected jointly by the Principals of such colleges from amongst themselves; (xviii) three members of the West Bengal Legislative Assembly elected from amongst themselves, if they are not already members of the Court, of whom at least one shall be from the territorial jurisdiction of the University; (xix) one person nominated by the Chancellor other than a person from the teaching profession; (xx) three regular post-graduate students of the University, not more than one from any Faculty Council for Post-graduate Studies, of whom one shall be a lady student, elected by an electoral colleges of such students constituted in the manner prescribed. Explanation I.—"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 tution fees and other dues of the University till such date as may be notified by the University in this behalf. Explanation IL—Notwithstanding anything contained elsewhere in this Act, a regular post-graduate student elected under this clause shall hold office from the date of his election for a period of two years or till he ceases to be a regular post- graduate student, whichever is earlier; (xxi) two regular students prosecuting their studies in undergraduate or post-graduate degree classes of affiliated colleges elected by an electoral college of such students constituted in the manner prescribed. Explanation I.—"Regular student" shall mean a student who has been prosecuting his studies in any stream in an undergraduate or a post-graduate degree class of an affiliated college and who is not in default of payment of prescribed tution 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 from the date of his election for a period of three years or till he ceases to be a regular student, whichever is earlier; (xxii) one Research Scholar or Research Fellow of the University elected by the Research Scholars and the Research Fellows of the University. Explanation I.—"Research Scholar or Research Fellow of the University" shall mean a wholetime Research Scholar or Research Fellow of the University who receives a stipend from the University. Explanation II.—Notwithstanding anything contained elsewhere in this Act, a Research Scholar or Research Fellow of the University elected under this clause shall cease to hold office on the expiration of the term of Research Scholarship or Research Fellowship, as the case may be; (xxiii) two members elected by the members of the non-teaching staff of the University from amongst themselves; PART THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 6, 2010 13 The Sidho-Kanho-Birsha University Act, 2010. (Chapter 111—Authorities of the University.—Section 18.) (xxiv) one member elected by the members of the non-teaching staff of affiliated colleges from amongst themselves; (xxv) one member elected by the officers and the supervisory staff of the University from amongst themselves; (xxvi) one person to be elected by the Librarians of the University and of the colleges affiliated to the University from amongst themselves; (xxvii) three persons one of whom must be a woman elected by the registered graduates from amongst themselves; (c) Nominated Members— (xxviii) (2) All clections six persons to be nominated by the State Government of whom— (a) one shall be from the members of the registered trade unions, (b) one shall be from the members of the peasants' organization, (c) one shall be from the members of the primary school teachers' associations, and (d) one shall be from the members of the secondary school teachers' associations. to the Court shall be held in the manner prescribed by Statutes. Powers and duties of the Court. 18. (1) Subject to of this Act, the Court duties:— such conditions as may be provided by or under the provisions shall exercise the following powers and perform the following (i) to establish University Colleges, University Departments, institutions, libraries, laboratories and museums of study and research; (ii) to confer, on the recommendation of the State Government and the University Grants Commission, such special powers as may be prescribed by Statutes on any college or institution providing instruction for courses of study in fine arts or music or conducting higher studies and research: Provided that the Court may, with the concurrence of State Government and the University Grants Commission, withdraw all or any of the special powers conferred on any such college or institution; (iii) to create and institute Professorships including Distinguished or Chair Professorships, Readerships, Lectureships, and such posts including posts of officers as may be necessary for the establishment of the University Colleges, University Departments, institutions, libraries, laboratories and museums referred to in clause (i) with the approval of the State Government; (iv) to institute degrees, titles, diplomas, certificates and other academic distinctions; (v) to institute fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes to be awarded out of the University Fund; (vi) to confer degrees, titles, diplomas, certificates and other academic distinctions on person who— (a) has pursued prescribed courses of studies or has been exempted therefrom in the manner prescribed, and has passed such examinations as may be prescribed, or (b) has carried on research in accordance with such conditions as may be proscribed; 14 THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 6, 2010 [PART III The Sidho-Kanho-Birsha University Act, 2010. (Chapter 111—Authorities of the University.—Section 19.) (vii) to withdraw or to cancel degrees, titles, diplomas, certificates or other academic distinctions under such conditions as may be prescirbed by Statutes and after giving the person affected a reasonable opportunity to present his case; (viii) to confer honorary degrees or other academic distinctions; (ix) to consider the Annual Statement of Accounts and the Annual Financial Estimates approved by the Executive Council and to pass such resolutions relating thereto as may be considered necessary: Provided that for the purpose of passing a resolution modifying or rejecting any such Annual Financial Estimates it shall be necessary for a majority of the total number of members of the Court existing at. the time to vote in favour of the resolution; (x) to consider the Annual Report as prepared by the Executive Council and to pass such resolutions relating thereto as may be considered necessary; (xi) to consider, and advise on, such other reports from the Executive Council or any other body as may be made to it; (xii) to consider, and advise on, proposals from the Executive Council for entering into agreement with the Government or with any person, body or authority for the taking over by the University of the management of any college or institution, including its assets and liabilities, or for any other purpose not repugnant to the provisions of this Act; (xiii) to consider, and advise on, proposals from the Executive Council for co-operation with other Universities, institutions and educational authorities in matters that relate to or further the educational objectives of the University; (xiv) to consider and suggest measures for the improvement of the administration and finances of the University, and generally for the furtherance of its objectives; (xv) to make rules for the transaction of its own business; (xvi) to execise all other powers and perform all other functions conferred and imposed on the Court by or under this Act. (2) The Court shall not exercise the powers and perform the duties referred to in clauses (i) and (iii) to (viii) of sub-section (1) except on the recommendation of the Executive Council but may send proposals in respect thereof to the Executive Council for its recommendation. (3) The Court shall have the power to review the action of the Executive Council, save where the Executive Council has acted in accordance with the powers conferred on it by or under this Act: Provided that if any question arises as to whether the Executive Council has acted in accordance with the powers conferred on it by or under this Act, the matter shall be decided by reference to the Chancellor whose decision shall be final. Meetings of the Court. 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 decide. (2) One-third of the total number of members of the Court shall be a quorum for a meeting of the Court: Provided that such quorum shall not be required at a convocation. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 6, 2010 15 The Sidho-Kanho-Birsha University Act, 2010. (Chapter 111. Authoritiesof 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 fifty per cent 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. The Executive Council. 20. (1) The Executive Council shall consist of the following members:— (a) Ex-officio Members— (i) the Vice-Chancellor; (ii) the Secretary, Department of Higher Education, Government of West Bengal or his nominee not below the rank of Joint Secretary, Department of Higher Education, Government of West Bengal; (iii) the Deans of the Faculty Councils for Post-graduate Studies; (iv) the Member-Secretary, West Bengal State Council of Higher Education; (v) the President, West Bengal Council of Higher Secondary Education; (b) Other Members— (vi) one Professor of the University elected by such Professors of the University as are members of the Faculty Councils for Post- graduate Studies from amongst themselves; (vii) one Reader or Lecturer of the University elected by such Readers and Lecturers of the University as are members of the Faculty Councils for Post-graduate Studies from amongst themselves; (viii) one Professor of the University elected by such Professors of the University as are members of the Court from amonst them- selves; (ix) one Reader or Lecturer of the University elected by such Readers and Lecturers of the University as are members of the Court from amongst themselves; (x) one non-teaching employee of the University elected by such non-teaching employees of the University as are members of the Court from amongst themselves; (xi) one student elected by such students as are members of the Court from amongst themselves; (xii) 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; (xiii) two persons elected by the members of the Councils for Undergraduate Studies from amongst themselves of whom both shall not be from one Council for Undergraduate Studies; (xiv) one shall be a Principal, of an affiliated college elected by such Principals as are members of the Court; (xv) two persons elected by such teachers of affiliated colleges not being Principals, as are members of the Court from amongst themselves; (xvi) one person elected by the Officers of the University from amongst themselves; (xvii) one person nominated by the Chancellor. The Registrar shall act as the Secretary of the Executive Council. (2) All elections to the Executive Council shall be held in the manner prescribed by Statutes. 16 THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 6, 2010 [PART III The Sidho-Kanho-Birsha University Act, 2010. Powers and duties of the Executive Council. (Chapter III.—Authorities of the University.—Section 21.) (3) One-third of the total number of members shall be a quorum for a meeting of the Executive Council. 21. Subject to the provisions of this
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