The Vidyasagar University Act, 1981
West Bengal · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT West Bengal Act XVIII of 1981 THE VIDYASAGAR UNIVERSITY ACT, 1981. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 24th June, 1981.] [24th June, 1981.] An Act to establish and incorporate a University at Midnapore in West Bengal after the name of Pandit Iswar Chandra Vidyasagar. WHEREAS it is expedient to establish and incorporate a University at Midnapore in the State of West Bengal after the name of Pandit Iswar Chandra Vidyasagar for 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, and for meeting the growing needs of society; It is hereby enacted in the Thirty-second Year of the Republic of India, by the Legislature of West Bengal, as follows:— CHAPTER I Preliminary. 1. (1) This Act may be called the Vidyasagar University Act, 1981. Short title and (2) It shall come into force on such date as the State Government comenee- may, by notification in the Official Gazette, appoint and different dates meet. may be appointed for different provisions of this Act. 2. In this Act unless there is anything repugnant in the subject or Defnitio ❑s. context,— (1) "affiliated" in relation to a college or an institution means affiliated to the Vidyasagar University under this Act; (2) "appointed day" means the date referred to in sub-section (5) of section 57; (3) "college" means a college established, maintained or recognized by, or affiliated to, the University and includes a college referred to in sub-section (3) of section 5; 95 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter 1.—Prelifitinary.—Section 2.) (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 purpose of conferring degrees, titles, diplomas, certificates or other academic distinctions; (6) "district" means the district of Midnapore or any district which may be created in future out of any part thereof; (7) "employee" in relation to the University means any person employed by the University; (8) "financial year" means the year ending on the 31st day of March; (9) "Government College" means a college maintained and managed by the State Government; ( I 0) "Governor" means the Governor of the State of West Bengal; (11) "hostel" or "hall" means a unit of residence for students recognized by the University; (12) "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 recognised as such by the University, and (b) in relation to an affiliated college, 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; (13) "Minister" means the Minister-in-charge of Higher Education appointed as such by the Governor; (14) "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 96 The Vidyasagar University Act, 1981. XVIII of 1981.] (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; (15) "prescribed" means prescribed by Statutes, Ordinances, Regulations or Rules made under this Act; (16) "Principal" means the head of a college or of an institution, by whatever name called; (17) "professional subject" means any of the following subjects, namely, Law, Medicine, Engineering, Teachers' Training, Technology, Agriculture, Journalism, Management Studies or such other subject as may be prescribed by Regulations; (18) "Statutes", "Ordinances", "Regulations" and "Rules" mean, respectively, the Statutes, Ordinances, Regulations and Rules of the University made under this Act; (19) "Students' Union", in relation to the University or an affiliated college, means Students' Union constituted in the manner prescribed; (20) "Teacher" means a Professor, Associate Professor, Assistant Professor, Reader, Principal, Lecturer, Demonstrator, Instructor or any other person holding a teaching post including a part-time teaching post, appointed or recognized by the University or appointed by an affiliated college or institution; (21) "Teacher of the University" means a Professor, Reader, Lecturer or any other person appointed or recognised as such by the University, either whole-time or part-time for the purpose of imparting instruction or conducting research in the University; (22) "University" means the Vidyasagar University of Midnapore as constituted under this Act; (23) "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; (24) "University Professor", "University Reader" or "University Lecturer" means a Professor, Reader or Lecturer appointed or recognised as such by the University. 97 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter 11.—The University and its officers.—Sections 3, 4.) CHAP IER II The University and its officers. The Uni- versity. 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 Vidyasagar University. (2) The University shall have perpetual succession and a common seal and shall sue and be sued in the name of the Vidyasagar University. 4. The University shall have the following powers, namely:— (1) to encourage and provide for instruction and training in such branches of learning as it may think fit, to make provision for research and to promote the advancement and dissemination of knowledge; (2) to establish and develop specialised Research Centres, inter- disciplinary centres or similar institutions for studies and to undertake research in tribal problems, rural development and marine biology; (3) to organise specialised diploma, degree or post-graduate courses, as the case may be, in such subjects as Tribal languages, habitat and customs, rural administration, coastal salinity, forestry, floriculture, pesticides, wild life management, pisciculture, marine fishery and also in subjects like rural and urban planning, manpower planning, regional resources planning and development, ecology and environmental studies, agricultural and rural industries and marine resource development; (4) to organise short courses at the post-Master of Arts or post- Master of Science stage for those who are otherwise suitable for teaching the non-traditional courses mentioned in clause (3); (5) to make such academic studies as may contribute to the improvement of economic conditions and welfare of the people in general and the tribal people in particular; (6) to establish, maintain or manage colleges, libraries, laboratories, museums and such other institutions as it may consider fit; 98 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter 11.—The University and its officers.—Section 4.) (7) to recognise any college or institution as a constituent college or a professional college and to withdraw such recognition in respect of any such college or institution; (8) to develop colleges imparting Honours courses under the direct supervision of the University with the ultimate object of developing such colleges as exclusive Honours colleges, i.e., colleges admitting Honours students only and providing only pass teaching for the subsidiary subjects of Honours students: Provided that the provisions of this clause shall not debar other colleges from introducing both Honours and Pass courses; (9) to affiliate to itself any college, institution or centre and to withdraw affiliation of such college, institution or centre; (10) to institute degrees, titles, diplomas, certificates and other academic distinctions; (11) to hold examinations and to confer degrees, titles, diplomas, certificates and other academic distinctions on persons who— (a) shall, unless exempted therefrom in such manner as may be prescribed by Statutes, have pursued in an affiliated or constituent college or in the University or in an institution or centre recognized by the University such courses of study and shall have passed such examination of the University as may be prescribed, or (b) shall have carried on research under such conditions as may be prescribed; (12) to confer honorary degrees or other academic distinctions under such conditions as may be prescribed; (13) to co-operate with other Universities and educational authorities in such manner and for such purposes as the University may determine; (14) to institute and to make appointment to Professorship, Readership, Lectureship and other teaching posts required by the University; (15) to institute and award fellowships, scholarships, exhibitions, prizes, medals and other honours and distinctions; 99 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter IL—The University and its officers.—Section 4.) (16) to prescribe, demand and receive fees, fines and other charges; (17) to establish, maintain and manage hostels, halls and other places of residence for the students of the University and Teachers, officers and other employees and to recognize such hostels, halls and other places of residence and to withdraw recognition therefrom; (18) 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; (19) to conduct, co-ordinate, regulate and control the post- graduate research work and teaching in the University, the constituent and affiliated colleges and the institutions recognized by the University; (20) to prescribe the powers and duties of officers of the University; (21) to provide for the inspection, or investigation into the affairs, of a college or an institution recognized by the University; (22) to create and to make appointment to such administrative, clerical and other posts under the University as it may deem fit; (23) to accept grants from the Central or any State Government or the University Grants Commission and with the approval of State Government from other sources; (24) to raise loans or to accept loans from the Central or the State Government or the University Grants Commission and with the approval of State Government from other sources; (25) to prescribe for colleges, other than Government colleges,— (a) the constitution, powers and functions of their Governing Bodies; (b) the terms and conditions of service of— (i) Librarians, and (ii) non-teaching staff; (26) to make rules for Provident Fund for colleges; (27) to prescribe for colleges rules for Teachers' Council; 100 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter 11.—The University and its officers.—Section 5.) (28) to take over for a period of twelve months the management of any affiliated, constituent or professional college, 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; (29) to dissolve the Governing Body of any affiliated, constituent or professional college or institution, other than a Government College, and, pending reconstitution of Governing Body thereof in such manner as may be prescribed, to appoint an Administrator or an ad hoc Governor Body: Provided that re-constitution of the Governing Body shall be made within a period of twleve months from the date of dissolution: Provided further that the University may, if it considers necessary so to do, extend such period so that the aggregate period shall not exceed eighteen months; (30) to enter into contracts and agreements with the approval of the State Government: (31) to acquire, hold and dispose of properties, moveable and immovable, for furthering any of the objects of the University; (32) to make grants for the maintenance of the National Cadet Corps and the National Social Service; (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 not extend beyond the limit of any district referred to in clause (6) of section 2. (2) Notwithstanding anything contained in sub-section (1), any college or institution situated beyond the limit of any district referred to in clause (6) 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, admit the same to all the privileges of the University. Jurisdiction of the University. 101 The Vidyasagar University Act, 1981. [West Ben. Act Delegation of powers to subordinate authorities. Officers of the University. The Chancellor. (Chapter 11—The University and its officers.—Sections 6-8.) (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 district•referred to in clause (6) 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 Calcutta or any other University to which they may have been affiliated before the said date; (h) any Teacher, Principal or member of the Governing Body of any such college holding, by virtue of his being such Teacher, Principal or member, any office in or under the University of Calcutta or any of the authorities 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 purposes of the Calcutta University Act, 1979; (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 previous approval of the State Government. 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. 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. West Ben. Act XXXVIII of 1979. 102 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter 11.—The University and its officers.—Section 9.) (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 term of 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 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 any other cause, temporarily unable to exercise the powers and perform the duties of his office, or (b) a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation or expiry of the term of his office or otherwise, then, during the period of such temporary inability or pending the appointment of a Vice-Chancellor, as the case may be, the Chancellor may, in consultation with the Minister, appoint any person to exercise the powers and perform the duties of the Vice-Chancellor. The Vice- Chancellor. 103 The Vidyasagar University Act, 1981. [West Ben. Act Powers and duties of the Vice- Chancellor. (Chapter 11.—The University and its officers.—Section 10.) (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. 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, the Council 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, or if there is no such authority or body constituted under this Act, the matter shall immediately be referred to the Chancellor whose decision thereon shall be final. 104 The Vidyasagar University Act, 1981: XVIII of 1981.] (Chapter 11.—The University and its officers.—Sections 11-13.) (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. (I) 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, two nominees of the Executive Council, a nominee of the Chancellor and a nominee of the State Government. He shall be appointed for such period and on such terms and conditions as may be prescribed. (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 total period not exceeding six months to exercise the powers and perform the duties of the Registrar. The Registrar. 12. Subject to the supervision, direction and general control of the Powers and duties Vice-Chancellor, the Registrar shall act as the Secretary of the Court as of the also of the Executive Council and shall exercise such powers and perform Registrar. such duties as may be prescribed, or delegated to him by or under the provisions of 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 The Finance University and shall be appointed by the Executive Council on the Officer. recommendation of a Committee consisting of the Vice-Chancellor as Chairman, two nominees of the Executive Council, a nominee of the Chancellor and a nominee of the State Government. He shall be appointed for such period and on such terms and conditions as may be prescribed. (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 may, with the aproval of the Executive Council, appoint a person temporarily for a total period not exceeding six months to exercise the powers and perform the duties of the Finance Officer. 105 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter 11.—The University and its officers.—Sections 14, 15.— Chapter 111.—Authorities of the University.—Sections 16, 17.) Powers and duties of the Finance Officer. Supervisory powers of the Registrar and the Finance Officer. Authorities. The Court. 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 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 the provisions of 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. 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 members:— (a) ex officio members (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the Deans of the Faculty Councils for post-graduate studies; (iv) the Heads of the post-graduate Departments; (v) the Secretary, Education Department, Government of West Bengal; 106 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter 111.—Authorities of the University.—Section 17.) (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 Director, Indian Institute of Technology, Kharagpur; (x) the Principals of constituent colleges; (b) elected members (xi) not more than three Professors of the University (other than Heads of Departments) belonging to Depart- ments under separate Faculty Councils for post- graduate studies, elected jointly by the Professors of the University (other than Heads of Departments); (xii) not more than six Teachers of the University other than Professors elected by such Teachers from amongst themselves of whom at least one shall belong to any Department under each of the Faculty Councils for post-graduate studies; (xiii) six Teachers other than Principals of whom at least one shall be a woman elected by the Teachers of affiliated colleges frOm amongst themselves; (xiv) three Principals of affiliated colleges other than constituent colleges elected by the Principals of such affiliated colleges; (xv) three members of the West Bengal Legislative Assembly, of whom at least two shall be from the territorial jurisdiction of the University, elected by the members of the West Bengal Legislative Assembly; (xvi) three regular post-graduate students of the University, of whom one shall be a lady student, elected by an electoral college 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 the prescribed tuition fees and other dues of the University till such date as may be notified by the University in this behalf. 107 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter III —Authorities of the University.—Section 17.) Explanation 11.—Notwithstanding anything contained elsewhere in this Act, a member 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 of the University, whichever is earlier; (xvii) 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 1.—"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 State Government in this behalf. Explanation II.—Notwithstanding anything contained elsewhere in this Act, a member 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; (xviii) one Research Scholar or Research Fellow of the University elected by such Research Scholar and Research Fellows in the manner prescribed. Explanation I.—"Research Scholar" or "Research Fellow" 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 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 Research Scholar or Research Fellow of the University; (xix) one member elected by the Librarians of the University and of the colleges affiliated to the University from amongst themselves; (xx) three members elected by the members of the non- teaching staff of the University from amongst themselves; (xxi) two members elected by the members of the non- teaching staff of colleges affiliated to the University from amongst themselves; 108 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter 111.—Authorities of the University.—Section 18.) (xxii) one member elected by the officers of the University from amongst themselves; (c) nominated members (xxiii) four persons to be nominated by the State Government of whom,— (a) one shall be from the members of the registered trade unions within the territorial jurisdiction of the University, (b) one shall be from the members of the peasants' association within the territorial jurisdiction of the University, (c) one shall be a primary school teacher within the territorial jurisdiction of the University, (d) one shall be a secondary school teacher within the territorial jurisdiction of the University; (xxiv) three persons having special interest in the University, of whom two shall be persons representing the professions of banking, industry, agriculture, and scientific and technical societies and one shall be a person having interest in the welfare of the scheduled castes and scheduled tribes community, nominated by the Chancellor. (2) All elections to the Court shall be held in the manner prescribed by Statutes. 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 post 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; Powers and functions of the Court. 109 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter 111—Authorities of the University.—Section 18.) (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 a's 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 to 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; (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 an agreement with the Government or, with the approval of the State Government, with any person, body or authority for the taking over by the University of the management of any college, institution or centre, 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; 110 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter 111.—Authorities of the University.—Sections 19, 20.) (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; (xi v) to make rules for the transaction of its own business; (xv) to exercise all other powers and perform all other duties conferred and imposed on the Court by or under this Act. (2) The Court shall not exercise the powers 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 powers 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 powers conferred on it by or under this Act, the question 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 members of the Court plus one shall be a quorum for a meeting of the Court: Provided that such quorum shall not be required at a convocation. (3) The Vice-Chancellor may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than one-third of the total number 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 The members:— Executive Council. (a) ex officio members (i) the Vice-Chancellor; (ii) the Deans of the Faculty Councils for post-graduate studies; (iii) the Secreatry, 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; Meeting of the Court. 1 1 1 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter 111.—Authorities of the University—Section 20.) (v) the President, West Bengal Council of Higher Secondary Education; (vi) the Director, Indian Institute of Technology, Kharagpur. (b) elected members (vii) one Professor of the University elected by such Professors; (viii) two Readers or Lecturers 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; (ix) one Professor of the University elected by such Professors as are members of the Court from amongst themselves; (x) two Readers or Lecturers of the University elected by such Readers and Lecturers of the University as are members of the Court from amongst themselves; (xi) one Teacher of undergraduate colleges elected by such Teachers of undergraduate colleges as are members of the Court from amongst themselves; (xii) one Principal elected by the members of the Council for Undergraduate Studies in Arts, Science and Commerce from amongst such Principals of colleges as are members of the Council; (xiii) one member of the non-teaching staff of the University elected by such members of the non- teaching staff of the University as are members of the Court from amongst themselves; (xiv) one student elected by such students as are members of the Court from amongst themselves; (xv) 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; (xvi) the member elected to the Court under clause (xxii) of sub-section (1) of section 17; (xvii) six Teachers of affiliated colleges elected jointly by the Teacher-members of the Councils for undergraduate studies from amongst themselves; (c) nominated members (xviii) two persons nominated by the Chancellor; (xix) one Principal of a constituent college nominated by the Chancellor in order of seniority by rotation. 112 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter 111.—Authorities of the University—Section 21.) (2) All elections to the Executive Council shall be held in the manner prescribed by Statutes. (3) One-third of the total number of members of the Executive Council shall be a quorum for a meeting of the Executive Council. 21. Subject to the provisions of this Act, the Executive Council shall exercise the following powers and perform the following functions:— (i) to initiate proposals for the making of Statutes and Ordinances including proposals for amendment or repeal thereof, in the manner hereinafter provided; (ii) to recommend to the Court, after consulting the respective Faculty Councils for post-graduate studies, the establishment of University Departments, institutions, centres, libraries, laboratories and museums for study and research; (iii) to maintain University Departments, University Institutions, University Libraries, University Laboratories and University Museums; (iv) to establish, maintain and manage hostels and halls; (v) to direct the inspection of University Libraries, University Laboratories, University Museums, hostels and halls; (vi) to recommend to the Court, after consulting the respective Faculty Councils for post-graduate studies, the institution of fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes, the expenses of which shall be met from the University Fund, and to award the same after institution thereof by the University; (vii) to recommend to the Court, after consulting the respective Faculty 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 University Departments, institutions, colleges, libraries, laboratories and museums referred to in clause (i) of sub-section (1) of section 18; (viii) 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; (ix) to appoint Teachers, officers and employees of the University and to fix their emoluments and define their duties and other terms and conditions of service in accordance with the Statutes and the Ordinances and to Powers and functions of the Executive Council. 113 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter 111.—Authorities of the University—Section 21.) suspend, discharge or otherwise punish in accordance with the Statutes and the Ordinances such Teachers, officers and employees; (x) 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 or a centre in one or more subjects or withdrawal of affiliation or recognition of a college or an institution or a centre or temporary take over of the management of an affiliated or a recognised college or institution or a centre; (xi) to make draft of Statutes, on the recommendation of the respective Council for undergraduate studies, for colleges, other than Government Colleges, prescribing the constitution, powers and functions of their Governing Bodies; (xii) to determine, with the approval of the State Government, the terms and conditions of service of Librarians and non- teaching staff; (xiii) to make rules for Teachers' Council for colleges and, with the approval of the State Government, rules for provident fund for colleges; (xiv) to prescribe and collect fees or charges for the registration of students and their admission to courses of studies organised by the University, for holding examinations, for the grant of degrees, diplomas and certificates, and for other like purposes; (xv) to recommend to the Court, after consulting the respective Faculty Councils for post-graduate studies, the institution of degrees, titles, diplomas, certificate and other academic distinctions; (xvi) to recommend to the Court, on the advice of the appropriate body, the conferment of degrees, titles, diplomas, certificates and other academic distinctions on persons who have pursued prescribed courses of studies or have been exempted therefrom in the prescribed manner, and have passed such examinations, or have carried on research under such conditions, as may be prescribed; (xvii) to recommend to the Court the conferment of honorary degrees and other academic distinctions; (xviii) to approve the constitution or reconstitution of the respective department of teaching in the University on the recommendation of the respective Faculty Council for post-graduate studies; 114 The Vidyasagar University Act, 1981. XVIII of 1981.1 (Chapter 111.—Authorities of the University—Section 21.) (xix) to make regulations regarding the courses of studies and the division of subjects after obtaining and considering the recommendation of the
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