The West Bengal Green University Act, 2017
West Bengal · state statute
Open in Lexace · Ask the AI about this actRegistered No. WB/SC-247 No. WB(Part-III)/2018/SAR-5 alp %Akita alttte Extraordinary Published by Authority PAUSA 19] TUESDAY, JANUARY 9, 2018 [SAKA 1939 PART III—Acts of the West Bengal Legislature. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 26-L.-9th January, 2018.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act L of 2017 THE WEST BENGAL GREEN UNIVERSITY ACT, 2017. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 9th January, 2018.] An Act to provide for constitution and incorporation of the West Bengal Green University in the State of West Bengal and for certain matters incidental thereto and connected therewith. WHEREAS it is expedient to establish and incorporate a State-aided University by the name of the West Bengal Green University with the view to establish a Centre of Excellence devoted to the teaching, learning and research in various branches of study attached to the environmental studies, surface management studies, bio-diversity management aiming to reduce the bad effect of pollution both in land, water, surface, noise and sight. The proposed University will be developed with all modern facilities by using all natural resources in order to sensitize and educate people at large the need of maintaining a pollution free world along with the emerging field of study of science, arts, laws and other related field of studies. 2 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 [PAR-0 III The West Bengal Green University Act, 2017. (Chapter I.—Preliminary.—Sections 1, 2.) It is hereby enacted in the Sixty-eighth Year of the Republic of India, by the Legislature of West Bengal, as follows:— CHAPTER I Preliminary - Short title and commencement. Definitions. 1. (1) This Act may be called the West Bengal Green University Act, 2017. (2) This section and sections 62, 63 and 64 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. 2. In this Act, unless the context otherwise requires,— (1) "appointed day" means the date referred to in sub-section (5) of section 62; (2) "college" means the constituent or affiliated college of the University; (3) "convocation" means a meeting of the Governing Board for the purpose of conferring degrees, titles, diplomas, certificates or other academic distinctions; (4) "distance education" means instruction imparted through correspondence or distance mode as recognized by the appropriate authority; (5) "employee" in relation to the University means a person employed in the University; (6) "financial year" means the year ending on the 31 st day of March; (7) "Governor" means the Governor of the State of West Bengal; (8) "Librarian" means a Librarian or any other person holding a post of Librarian, by whatever name called, appointed or recognized as such by the University; (9) "Minister" means the Minister-in-Charge of the Higher Education, Science and Technology and Biotechnology Department, Government of West Bengal, appointed as such by the Governor; (10) "non-teaching staff' means the non-teaching staff appointed or recognized as such by the University and not holding any teaching, officer of the post of Librarian, by whatever name called; (11) "officer" means an officer of the University; (12) "prescribed" means prescribed by rules made under this Act; (13) "registered graduate" means a graduate registered under this Act on making an application in the prescribed form and on payment of such fees as may be determined by the University from time to time; (14) "State Government" means Government of West Bengal in the Higher Education, Science and Technology and Biotechnology Department; (15) "Statutes", "Ordinances" and "Regulations" mean, respectively, the Statutes, Ordinances , Regulations of the University made under this Act; (16) "Student" means a student of the University and includes any person enrolled by the University for pursuing any Undergraduate or Post-graduate course of study or in research works of the University; PART Au THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 3 The West Bengal Green University Act, 2017. (Chapter IL—The University and its Officers.—Sections 3, 4.) (17) "Students' Council" means the Students' Council of the University constituted in the manner prescribed; (18) "Teacher of the University" means a Professor, Associate Professor, Assistant Professor, or any other person, holding a whole-time permanent, substantive teaching post, appointed or recognized as such by the University for the purpose of imparting instruction and conduction of research in the University; (19) "University" means the West Bengal Green University constituted under this Act; (20) "University Laboratory", "University Library", "University Museum", or "University Institution" mean 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; (21) "University Professor", "University Associate Professor" or "University Assistant Professor" mean a Professor including Distinguished Professor, Chair Professor, Adjunct Professor, Associate Professor and Assistant Professor respectively, appointed or recognized as such by the University; (22) "Vice-Chancellor" means the Vice-Chancellor of the University. CHAPTER II The University and its Officers The University. Objects of the University. 3. (1) There shall be constituted and incorporated a State-aided Unitary University by the name of the West Bengal Green University in the District of Hooghly. (2) The Vice-Chancellor and the members of the Governing Board, so long as they continue to hold such office or membership, shall constitute a body corporate by the name of the West Bengal Green University. (3) The University shall have perpetual succession and common seal and shall have power to sue and be sued by the name of the West Bengal Green University. (4) The Headquarter of the University shall be located at Hooghly. (5) The territorial jurisdiction of the University shall extend to the whole of the State of West Bengal. (6) The University will be a non-affiliating unitary University. 4. The following shall be the objects of the University, namely to:— (1) promote, propagate and cause further development of study and research on environmental management and its allied branches; (2) act as an optimum blend of the modern system of learning and modern research methodology from occidental point of view; (3) impart higher education in various branches of learning as well as in Environmental Ethics (Policy and Law), Green Environmental Economics and Sustainable Development, Climate Studies and Green Politics , Environmental informatics, Bio-Diversity, Modeling and Management, Water Resources Management (Surface water—Groundwater— Wetland—Lake-Coastal Areas, Development Policy, Watershed Management); 4 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 [PARTIII The West Bengal Green University Act, 2017. (Chapter 11.—The University and its Officers.—Section 5.) (4) provide facilities for the advanced studies in various - mode of environmental studies aiming to a pollution free earth; (5) explore the ideas of nourishing and nurturing the Green house management in every human dwelling in the Globe; (6) promote research in Green Architecture, Bio-diversity Resources, Waste Management, Urban Policy and Governance, Demographic Studies and Migration, Green Energy, Energy Audit, Occupational Health, Forestry and Farm Management, and in such other allied branches of study; (7) take measures for preservation of earth surface, natural water, solar energy, noise pollution and sight pollution; (8) publish books on the works of Green House studies, as well as books written by various environment politician and laureates; (9) proifide facilities for the study and research in the environmental diversities of India and Globe; (10) establish for the use of Scholars and the students a comprehensive data base of published works and ongoing research works on Environmental management and bio-diversity management relating to earth sciences from all over the world; (11) Pursue studies in various branches of studies in Science, Humanities, Commerce, Languages, Law, Social studies and other related branches of study. Powers of the University. 5. The University shall have the following powers, namely:— (1) to provide for instruction, teaching, training and research in, and promote extension of higher education with special emphasis on providing high quality education in Green Architecture, Bio-diversity Resources, Waste Management, Urban Policy and Governance, Demographic Studies and Migration, Green Energy, Energy Audit, Occupational Health, Forestry and Farm Management, and in such other allied branches of study and such other subject of studies at the Undergraduate, Post-graduate and higher levels as may be determined by the State Government; (2) to establish, maintain and manage libraries, laboratories, workshops, museums, schools, centres and such other institutions for study and research as it may deem necessary; (3) to provide for study and research in specialized and emerging areas in such schools and centres and to take all necessary steps in this regard, (4) to establish, maintain linkage and enter into collaborative agreement with other Universities, research institutions, societies and organizations within as well as outside India in matters that relate to the furtherance of the objectives of the University; (5) to take measures for maintenance of standards and enhancement of quality in higher education in the fields relevant to the University; (6) to confer degrees, titles, diplomas, certificates and other academic distinctions; PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 5 The West Bengal Green University Act, 2017. (Chapter II.—The University and its Officers.—Section 5.) . (7) 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 the University, unless exempted therefrom in the manner provided and shall have passed the prescribed examinations of the University, or shall have carried on research under conditions prescribed; (8) to withdraw or to cancel degrees, titles, diplomas, certificates or other academic distinctions under such conditions as may be provided by Statutes and after giving the person affected a reasonable opportunity to present his case; (9) to confer honorary degrees or other academic distinctions under conditions prescribed; (10) to institute Professorships including Distinguished Professorship, Chair Professorship, Adjunct Professorship, Associate Professorship, Assistant Professorship and other teaching posts required by the University with prior approval of the State Government and to appoint persons to such posts or to recognize persons as Professors, Associate Professors, Assistant Professors 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; (11) to create posts, as and when required, of officers and employees of the University besides those provided for in this Act subject to the concurrence and prior approval by the State Government; (12) to provide, 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 constituted; (13) to provide, subject to the provisions of this Act, the terms and conditions of service, duties and responsibilities including the rules of conduct and discipline and the emoluments for all categories of posts of the University; (14) to make provisions for Provident and other funds for all categories of the employees of the University; (15) to provide fees and other charges for admission, registration and examinations and such other purposes, and to demand and receive the fees or other charges so provided; (16) 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, and with prior approval of the State Government; (17) to acquire, hold and dispose of property, movable and immovable and to make grants and advances for furthering any of its objectives; (18) to accept and administer gifts, endowments and benefactions, for the furtherance of any of its objectives for the University or for or on behalf of any school or centre established by or recognized by the University, and to institute awards, fellowships, traveling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes; (19) to accept grants and to raise loans or to accept loans from the Central or any State Government or the University Grants Commission, and with the prior approval of the State Government also from the other sources; 6 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 [PART 'III The West Bengal Green University Act, 2017. (Chapter 11.—The University and its Officers.—Sections 6-8.) Teaching in the University. University to be open to all classes, castes and creeds. Jurisdiction. (20) to co-operate and collaborate with other Universities, institutions and educational authorities in matters that relate to and furtherance of the academic objectives of the University; (21) 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; (22) to introduce interdisciplinary and multidisciplinary integrated courses in selected subjects; (23) to initiate collaborative teaching and research programme with other Universities, institutions and to provide modalities for Credit Transfer and Award of Joint Degrees if deemed necessary; (24) to do such other act and perform such other functions consonant with the objectives of the University. 6. (1) All recognised teachings in connection with the degrees, diplomas and certificates of the University shall be conducted by the teachers of the University or of any affiliated or constituted institution, as the case may be, under the general control of the Governing Board. (2) The courses of study, the curricula and the authorities responsible for organising such teaching shall be such as may be provided by Regulations. 7. The University shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be appointed as a Teacher of the University or to hold any office therein or to be admitted as a student in the University, or to enjoy or exercise any privilege thereof. 8. (1) The University shall primarily be a non-affiliating State-aided Unitary University. (2) Notwithstanding anything contained elsewhere in this Act or in sub-section (1) or in any other law for the time being in force, the State Government, may by notification in the Official Gazette allow the University to affiliate colleges and institutions imparting course of studies similar or closely connected with the academic principles of the University and with effect from such date as the State Government may, appoint in this behalf,— (A) all colleges and educational institutions, whether Government administered or Government-aided or self-financed, imparting education specially in literature, sciences, social sciences, cognitive science, and such other branches of studies, as the State Government may, from time to time determine, for the advancement of learning and dissemination of knowledge in such branches and affiliated to any other University in the State— shall be deemed to be affiliated to the University for such period and subject to such terms and conditions, as may be imposed by the University, not inconsistent with the provisions of this Act or any other law for the time being in force, and (ii) shall cease to be affiliated to the University to which any such college or institution may have been affiliated before the said date; (i) PART HI] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 7 The West Bengal Green University Act, 2017. (Chapter 11.—The University and its Officers.—Section 9.) Delegation of Powers. (B) any Principal, teacher, or other employee, or any member of the Governing Body, by whatever name called, or any student, of any such affiliated college or institution, holding, by virtue of his being such Principal, teacher, or other employee, or member or student, any office in or under any University or any of the authorities of such University to which such college or institution was affiliated before the said date, shall cease to hold such office and the vacancy so caused shall be deemed to be a casual vacancy for the purposes of any law under which that University was established; (C) whenever the University issues directions in addition to the requirements stipulated in sub-clause (i) of clause (A), the affiliated, institution shall be bound to comply with such terms and conditions as may be incorporated in the directions of the University within such reasonable time as may be determined by the University; (D) the University shall have power to alter or withdraw the affiliation deemed to have been granted under this section, if the affiliated institution does not comply with all the terms and conditions of such affiliation; (E) for the purpose of deemed affiliation under this sub-section, it shall be competent for the University to satisfy itself in such manner as it may decide, if an affiliated institution was validly affiliated to any University established before the said date. (3) Notwithstanding anything contained in any other law for the time being in force, no college or institution providing courses of study or programmes of education, research or training in the field of engineering, technology, management or teachers' training, education planning and administration and situated in West Bengal, but not admitted to the privileges of the University, shall be admitted to the privileges of any other University except with the prior approval of the State Government: Provided that nothing in this sub-section shall, save as otherwise provided in this Act, apply to— (a) any constituent college, institution, Faculty or Department of any other University or of any institution for higher education deemed to be a University under section 3 of the University Grants Commission Act, 1956, directly managed, controlled and financed by such University or such institution for higher education deemed to be a University under section 3 of that Act, or (b) any other college or institution affiliated to any other University mainly providing courses of study in subjects other than literature, dance, drama, sculpture, humanities, science, commerce, cognitive science and such branches of study as the State Government deems appropriate for the advancement of learning and dissemination of knowledge in such branches. Explanation.— For the avoidance of doubt it is hereby declared that the State Government shall have powers to decide whether a college or institution provides mainly the courses of study in subjects other than mentioned under clause (b) of sub-section (3) will be admitted to the privileges of the University or not. 9. The University may delegate such of its powers as it may deem expedient to any of its authorities referred to in section 24 or to any of its officers, and may, at any time, withdraw at its discretion any power so delegated. 3 of 1956. 8 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 [PART III The West Bengal Green University Act, 2017. (Chapter 11.—The University and its Officers.—Sections 10-12.) The Chancellor. Officers of the University. The Vice- Chancellor. 10. (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 Governing Board and shall, when present, preside over the meetings of the Governing Board. (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 in consultation with the Minister to represent interests not otherwise adequately represented. (4) Every proposal to confer any honorary degree shall be subject to confirmation by the Chancellor. (5) The Chancellor can issue any direction upon the University not inconsistent with the provisions of this Act, to which the University shall comply. 11. The following shall be the officers of the University (1) the Vice-Chancellor; (2) the Pro-Vice-Chancellor; (3) the Registrar; (4) the Deans of Schools; (5) the Director of School of Studies; (6) the Finance Officer; (7) the Law Officer; (8) the Controller of Examinations; (9) Inspector of Colleges; (10) Deputy Registrar; (11) Assistant Registrars; (12) Secretaries of various Schools; (13) Accounts Officer; (14) the Sports Officer; (15) the Development Officer; (16) the University Librarian; and (17) such other persons holding such other posts as may be declared by Statutes to be the posts of officers of the University. 12. (1) (a) The Vice-Chancellor shall be a distinguished academic with proven competence and integrity, and having a minimum of ten years of experience in a University system of which at least five years shall be as professor or ten years of experience in a reputed research or academic administrative organization of which at least five years shall be in an equivalent position of professor. (b) The Vice Chancellor shall be appointed by the Chancellor out of the panel of three names recommended in order of preference by the Search Committee constituted by the State Government. While preparing the panel, the Search Committee must give proper weightage to academic excellence, exposure to the higher education system in the country and abroad and adequate experience in academic and administrative governance and reflect the same in writing while submitting the panel to the Chancellor. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 9 The West Bengal Green University Act, 2017. (Chapter 11.—The University and its Officers.—Section 12.) (c) The Search Committee shall be constituted in the following manner:— (i) an academician, not below the rank of the Vice-Chancellor of a Central or State-aided University or the Director of a National institute of higher learning, to be nominated by the Chancellor in consultation with the Minister, who shall be the Chairperson of the Committee; (ii) an academician, not below the rank of a Professor of a Central or State-aided University or National institute of higher learning, to be nominated by the State Government; (iii) an academician not below the rank of a Professor of a Central or State-aided University or National institute of higher learning, to be nominated by the Governing Board: Provided that the nominees, as mentioned under sub-clause (i), (ii) and (iii) shall not be the persons associated with the concerned University for which the Search Committee is constituted. (2) (a) The Vice-Chancellor shall hold office for a term of four years or till he attains the age of sixty-five years, whichever is earlier, and shall be eligible for re- appointment for another term of four years or till he attains the age of sixty-five 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 sixty-five 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 reasons of leave, illness or other cause, temporarily unable to exercise the powers and perform the duties of his office, or (b) a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation, removal, expiry of term of his office or otherwise, then, during the period of such temporary inability or pending the appointment of a Vice-Chancellor, as the case may be, the Chancellor in consultation with the Minister may appoint a person to exercise the powers and perform the duties of the Vice-Chancellor. (6) The vacancy in the office of the Vice-Chancellor occurring by reason of death, resignation or expiry of the term of his office, removal or otherwise shall be filled up by appointment of a Vice-Chancellor in accordance with the provision of sub-section (1) within a period of six months from the date of occurrence of the vacancy, and such period shall be held to include any period for which a Vice-Chancellor is allowed to continue in office under clause (b) of sub-section (2), or a person is appointed by the Chancellor in consultation with the Minister to exercise the powers and perform the duties of the Vice-Chancellor under sub-section (5). (7) The Vice-Chancellor may be removed from his office by the Chancellor if he is satisfied that the incumbent,— (a) has become insane and adjudged by a competent court to be of unsound mind; or 10 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 [PART III Powers and duties of the Vice- Chancellor. The West Bengal Green University Act, 2017. (Chapter IL—The University and its Officers.—Section 13.) (b) has become an undischarged insolvent and stands so declared by a competent Court; or ( c) has been physically unfit and incapable of discharging function due to protracted illness or physical disability ; or (d) has willfully omitted or refused to carry out the provisions of this Act or has committed breach of any of the terms. and conditions of the service contract or has abused or misused the powers vested in him or if the continuance in the office of the Vice-Chancellor is detrimental to the interest of the University; or (e) has been proved to be guilty of criminal breach of trust or criminal negligence or gross financial irregularity or impropriety or gross negligence of duty; or has shown incompetence to perform or has persistently made default in the performance of the duties imposed on him by or under this Act; or (g) has been convicted by a court for any offence within the concept and meaning of the Code of Criminal Procedure, 1974; or 2 of 1974. (h) is a member of, or otherwise associated with, any political party or acts in any partisan manner while in office: Provided that the Vice-Chancellor shall be given a reasonable opportunity to show cause by the Chancellor before taking recourse for his removal under clauses (d), (e), (f), (g) and (h). Explanation.— For the purpose of sub-clause (h), whether any party is a political party or any association is a political association or any act of the Vice-Chancellor is partisan, the decision of the Chancellor thereon shall be final. 13. (1) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall, in the absence of the Chancellor, preside over the meeting of the Governing Board. He shall, by virtue of his office, be a member and the Chairman of all the Schools of Post-graduate and Undergraduate 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 Governing Board, the Schools of Post-graduate and 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 provided by Statutes, Ordinances or Regulations. (6) The Vice-Chancellor may take on behalf of the University such action as he may deem expedient in any matter which, in his opinion, is either urgent or of an emergent nature and shall report the same for confirmation at the next meeting to the authority or body which, in the ordinary course, would have dealt with the matter: PART THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 11 The West Bengal Green University Act, 2017. (Chapter II.—The University and its Officers.—Section 14.) Pro-Vice- Chancellor. 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 Governing Board, delegate any of his powers, to any other officer subordinate to him. 14. (1) The Pro-Vice-Chancellor shall be a distinguished academic with proven competence and integrity, and having a minimum of ten years of experience in a University system of which at least five years shall be as professor or ten years of experience in a reputed research or academic administrative organization of which at least five years shall be in an equivalent position of professor. (2) The Pro-Vice-Chancellor shall be appointed by the Chancellor in consultation with the Minister. The term of his office shall be for four years and he shall be eligible for re-appointment for another term of four years but shall not hold office beyond the age of sixty-five years. (3) The Pro-Vice-Chancellor may resign his office by writing under his hand addressed to the Chancellor. (4) If— (a) the Pro-Vice-Chancellor is, by reason of leave, illness or other cause, temporarily unable to exercise the powers and perform the duties of his office, or (b) a vacancy occurs in the office of the Pro-Vice-Chancellor by reason of death, resignation, expiry of term of his office, removal or otherwise, then, during the period of such temporary inability or pending the appointment of a Pro-Vice-Chancellor, as the case may be, the Chancellor in consultation with the Minister and the Vice-Chancellor, may appoint a senior teacher of the University or an officer of the University to exercise the powers and perform the duties of the Pro-Vice-Chancellor. (5) The vacancy in the office of the Pro-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 Pro-Vice-Chancellor in accordance with the provisions of sub-section (2). (6) The Pro-Vice-Chancellor may be removed from his office by the Chancellor if he is satisfied that the incumbent,— (a) has become insane and adjudged by a competent court to be of unsound mind; or (b) has become an undischarged insolvent and stands so declared by a competent Court; or (c) has been physically unfit and incapable of discharging function due to protracted illness or physical disability; or (d) has wilfully omitted or refused to carry out the provisions of this Act or has committed breach of any of the terms and conditions of the service contract or has abused or misused the powers vested in him or if the continuance in the office of the Vice-Chancellor is detrimental to the interest of the University; or (e) has been proved to be guilty of criminal breach of trust or criminal negligence or gross financial irregularity or impropriety or gross negligence of duty; or 12 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 [PART III Powers and functions of the Pro-Vice- Chancellor. The Registrar. Powers and Duties of the Registrar. The Law Officer. The West Bengal Green University Act, 2017. (Chapter 11.—The University and its Officers.—Sections 15-18.) (f) has shown incompetence to perform or has persistently made default in the performance of the duties imposed on him by or under this Act; or (g) has been convicted by a Court for any offence within the concept and meaning of the Code of Criminal Procedure, 1974; or (h) is a member of, or otherwise associated with, any political party or acts in any partisan manner while in office: Provided that the Pro-Vice-Chancellor shall be given a reasonable opportunity to show cause by the Chancellor before taking recourse for his removal under clauses (d),(e),(f),(g)and(h). Explanation.—For the purpose of this sub-clause, whether any party is a political party or any association is a political association or any act of the Pro-Vice-Chancellor is partisan, the decision of the Chancellor thereon shall be final. 15. (1) The Pro-Vice-Chancellor shall be an administrative and academic officer of the University and shall, by virtue of his office, be a member of the Governing Board and the Academic Council and shall also be the member of any other authority or body of the University. 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, if the Vice-Chancellor considers it necessary but shall not be entitled to vote thereat. (2) Subject to the general control of the Vice-Chancellor, the Pro-Vice-Chancellor shall exercise such powers and discharge such duties as may be delegated to him by any authority or body of the University or as may be provided by the Statutes. 16. (1) The Registrar shall be a whole-time officer of the University and shall be appointed by the Governing Board on the recommendation of a Committee consisting of the Vice-Chancellor as Chairman, a nominee of the Chancellor, two nominees of the Governing Board and a nominee of the State Government, 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 Governing Board 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. 17. Subject to the supervision, direction and general control of the Vice-Chancellor, the Registrar shall act as the Secretary of the Governing Board and shall exercise such powers and perform such duties as may be provided in the Statutes, or delegated to him by or under this Act. 18. (1) There shall be a Law Officer in the University, to be appointed by the State Government, on deputation from amongst the member of the West Bengal Legal Service. 2 of 1974. (2) The Law Officer shall assist the University in all legal issues and shall represent the University in all legal proceedings before the Court of Law. (3) The Law Officer shall have such powers and functions as may be provided by the Statues. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 13 The West Bengal Green University Act, 2017. (Chapter 11.—The University and its Officers.—Sections 19-23.) The Finance Officer. Powers and duties of the Finance Officer. Controller of Examinations. Powers and duties of the Controller of Examinations. Supervisory powers of the Registrar, Law Officer, Finance Officer, and Controller of Examinations. 19. (1) The Finance Officer shall be a whole-time officer of the University. He shall be appointed by the Governing Board on the recommendation of a committee consisting of the Vice-Chancellor as the Chairman, a nominee of the Chancellor, two nominees of the Governing Board and a nominee of the State Government 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 and perform the duties of his office, the Vice-Chancellor, with the approval of the Governing Board, may appoint a person temporarily for a period not exceeding six months to exercise the powers and perform the duties of the Finance Officer. 20. (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 exercise such other powers and perform such other duties as may be provided or delegated to him by or under the provisions of this Act, the Statutes, the Ordinances or the Regulations, as the case may be. 21. (1) The Controller of Examinations shall be a whole-time officer of the University. He shall be appointed by the Governing Board on the recommendation of a committee consisting of the Vice-Chancellor as the Chairman, a nominee of the Chancellor, two nominees of the Governing Board and a nominee of the State Government for such period and on such terms and conditions as may be provided by or under this Act. (2) The Controller of Examinations may resign his office by writing under his hand addressed to the Vice-Chancellor. (3) If the Controller of Examinations is for any reason temporarily unable to exercise the powers arid perform the duties of his office, the Vice-Chancellor, with the approval of the Governing Board, may appoint a person temporarily for a period not exceeding six months to exercise the powers and perform the duties of the Controller of Examinations. 22. (1) Subject to the supervision, direction and general control of the Vice-Chancellor, the Controller of Examinations shall be in charge of the conduct of examinations and tests of the University and declarations of their results. (2) The Controller of Examinations shall exercise such other powers and perform such other duties as may be provided or delegated to him by or under the provisions of this Act, the Statutes, the Ordinances or the Regulations, as the case may be. 23. In their respective spheres of duties, the Registrar, the Law Officer, the Finance Officer, and the Controller of Examination 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 the Statutes or Ordinances or the Regulations, as the case may be. 14 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 [PART ill The West Bengal Green University Act, 2017. (Chapter III.—Authorities of the University.—Sections 24, 25.) CHAPTER III Authorities of the University. Authorities. 24. The following shall be the authorities of the University:— (i) the Governing Board; (ii) the Schools for Post-Graduate and Undergraduate Studies; (iii) the Boards of Studies; (iv) the Finance Committee; (v) such other authorities as may be declared and established under the Statutes. The Governing 25. (1) The Governing Board shall consist of the following members:— Board. (a) Ex-officio members— (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the Pro-Vice-Chancellor; (iv) the Secretary, Higher Education Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal; (v) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal; (vi) the Chairman, West Bengal State Council of Higher Education or his nominee; (vii) a nominee of the Chairman of the University Grants Commission; and (viii) the Law Officer; (b) Representatives of Departments and Teachers— (ix) two Deans of the Schools of Post-graduate and Undergraduate Studies; (x) three Heads of Departments by rotation for one year in alphabetical order of the Department to be selected by the Vice-Chancellor, (xi) two teachers from each Faculty Council for Post-graduate and Undergraduate Studies of whom at least one shall be a Professor and they shall be elected by the teachers of concerned School from amongst themselves in the manner as may be provided by Statutes; (c) Nominated Members— (xii) (1) two members to be nominated by the Chancellor from amongst the persons interested in the University education; (2) three members to be nominated by the State Government from amongst the persons interested in the University education; (3) four members to be nominated by the outgoing University Council or outgoing Governing Board, as the case may be, of whom at least two shall be eminent scholars: Provided that no such member shall be nominated for more than two terms in the Governing Board: PART. III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 15 The West Bengal Green University Act, 2017. Powers and duties of the Governing Board. (Chapter HI.—Authorities of the University.—Section 26.) Provided further that in all the cases no employee of the University or of a College or institution being managed by the University shall be eligible to be a member; (d) Special Invitee— (xiii) any official or expert in any field or eminent educationist, alumnus whom the Governing Board may require for advice, consultation or assistance, may be invited to attend the meeting without any power to cast vote; (xiv) one Student representative and one Research Scholar to be nominated by the Vice Chancellor from amongst the members of the Student Council of the University without any power to cast vote: Provided that the student representative or the research scholar referred under this clause shall not be permitted to take part in any meeting of the Governing Board in which, in the opinion of the Board, any of the minutes of any such meeting may prejudicially affect the general interest of the students or the research scholars, as the case may . be. (2) A member of the Governing Board shall hold office for a period of four years, if not expressly provided otherwise in this Act. Any vacancy among the members of the Governing Board shall be filled up immediately by the concerned authority. (3) The Registrar shall act as the Secretary of the Governing Board. (4) No act or proceedings of the Governing Board or of any body constituted by the Governing Board shall be invalid or called in question by reason of the existence of any vacancy, initial or subsequent, in the Governing Board or in any body constituted by the Governing Board, as the case may be. 26. Subject to such condition as may be provided by or under the provisions of this Act, the Governing Board shall exercise the following duties
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