The West Bengal University Of Health Sciences Act, 2002
West Bengal · state statute
Open in Lexace · Ask the AI about this actRe" c red No, WB/SC- 74 7 No. ( -art-III)/200 1 °Matt pate gititnir4 Extraordinary Published by Authority SRAVANA 10] THURSDAY, AUGUST I. 2002 [SAKA 1924 PART III—Acts of the West Bengal Legislature. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 1254-L.—lst August, 2002.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XIII of 2002 THE WEST BENGAL UNIVERSITY OF HEALTH SCIENCES ACT, 2002. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 1st August, 2002.] An. Act to establish and incorporate a health university in the State of West Bengal, to be known as the West Bengal University of Health Sciences, and to provide for matters connected therewith or incidental thereto. WHEREAS it is expedient, in the public interest, to establish and incorporate a University in the State of West Bengal, to be known as the West Bengal University of Health Sciences, for the purposes of affiliating, teaching and ensuring proper and systematic instruction. training and research in, Modern System of Medicine, Homoeopathic System of Medicine, Ayurvedic System of Medicine, Unani System of Medicine, Nursing Education. Pharmacy Education, Dental Education, Education on Laboratory Technology, Physiotherapy, Speech Therapy and Education on other paramedical courses; AND WHEREAS it is considered desirable to establish a specialised autonomous institution with the objects of promoting academic freedom and scholarship for the teachers as well as for the students and to foster and develop an intellectual climate conducive to the pursuit of scholarship and excellence, either independently or jointly with other centres of excellence of higher learning; THE KOLKATA GAZETTE. EXTRAORDINARY, AUGUST 1. 21)02 111 The West Bengal University of Health Sciences Act, 2002. (Sections 1, 2.) Short title. extent and commencement. It is hereby enacted in the -Fifty-third Year of the Republic of India. by the Legislature of West Bengal, as follows: 1. (1) This Act may he called the West Bengal University of Health Sciences Act. 2002. (2) It shall extend to the whole of West- Bengal. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. Definitions, 2. In this Act, unless the context otherwise requires,— (1) "Academic Council" means the Academic Council of the University; (2) "academic course" means the course of study in any discipline of Health Sciences according to the Syllabus and Curriculum prescribed by the University; (3) "affiliated college" means a college affiliated to the University providing academic courses prescribed for University examinations; (4) "appointed day" means the date appointed under sub-section (3) of section 1; (5) "approved institution" means any institution or hospital or college recognized-by the University as an institution in which a person may undergo such training, required by a course of study before the award of any degree or other qualification, as laid down by the University; (6) "authorities" means the authorities of the University as specified by or under this Act; (7) "autonomy" means a privilege of the University conferred by Statutes permitting a college. institution or a University Department to conduct academic programmes and examinations, to develop syllabi for the respective subjects and issue certificates of passing the examinations, etc. A college, institution or a University Department which has been granted autonomy shall have full academic, administrative and financial autonomy, subject to the provisions of this Act and Statutes; (8) "autonomous college", "autonomous institution" or "autonomous Department" means a college, institution or Department to which autonomy is granted and is designated to be so by Statutes; (9) "Chancellor" means the Chancellor of the University; (10) "college" means a college imparting education in Health Sciences conducted by, or affiliated to, the University situated in the State of West Bengal; (l 1) "Conducted College" means a college maintained and managed by the University; (12) "Convocation" means a meeting for the purpose of conferring degrees, titles, diplomas, certificates or other academic distinctions; (13) "Council" means a professional council pertaining to any discipline of Health Sciences constituted under any State Act or Central Act; (14) "Dean" means the Dean of any Faculty of the University; ' (15) "Department" means a unit set up for the purpose of imparting instruction for the courses of study in Health Sciences or in any discipline allied thereto; (16) "Field Unit" means a unit established outside the University for validating the discriminations in the benefits of new techniques, skills and practices developed by the University; P III] THE KOLKATA GAZETTE. EXTRAORDINARY. AUGUST 1. 2002 The West Bengal University of Health Sciences Act, 2002. (Section 3.) Establishment of the University. (17) "Government - means the Government of the State of West Bengal in the Department of Health and Family Welfare: (IS) "Health Sciences - means the Modern System of Medicine. Homoeopathic System of Medicine. Ayurvedic System of Medicine. Unani System of Medicine, Nursing Education. Pharmacy Education. Dental Education, Education on Laboratory Technology, Physiotherapy, Speech Therapy in all their branches concerning preventive. promotive, curative and rehabilitative services; (19) "Modern System of Medicine" means all branches of modern medicine dealing with pre-clinical, clinical. para-medical and para-dental disciplines at diploma and degree level or above and such other disciplines as may be prescribed; (20) "prescribed" means prescribed by Statutes. Ordinances, Rules or Regulations made under this Act; (21) "Principal - means the head of an affiliated college or a conducted college or a university college; (22) "Pro-Vice-Chancellor" means the Pro-Vice-Chancellor of the University: (23) "Registrar" means the Registrar of the University: (24) "Statutes", "Ordinances", "Rules" and "Regulations" mean, respectively. the Statutes, Ordinances, Rules and Regulations of the University made under this Act; (25) "Teacher" means a Principal, Professor, Associate Professor, Assistant Professor or such other person as may be designated by the Statutes for imparting instruction and education in full time basis in the University or an affiliated college; (26) "University" means the West Bengal University of Health Sciences as constituted under this Act; (27) "University Ca.npus" means the area comprised within the local limits of the headquarters of the University or such other colleges and institutions, as may from time to time be declared as such by notification, by the Government in the Official Gazette; (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; (29) "University institution" means a centre, a school, or an institute established and maintained by the University. 3. (1) With effect from the coming into force of this Act, there shall be established a University by the name of "the West Bengal University of Health Sciences" having jurisdiction in the State of West Bengal. (2) The University Shall be a body corporate by the name specified in sub- section (l) and shall have perpetual succession and a common seal. It shall have the power to hold, acquire, sale, lease, transfer or dispose of property, both movable and immovable, which may vest in or be acquired by it for the purposes of the University: Provided that no such lease, sale or transfer of such property shall be made without the valuation made thereof by the approved valuer appointed by the University and without the prior approval of the Government. (3) The headquarter of the University shall he at Kolkata or at any such place as shall be notified by the Government in this behalf. (4) The University shall be both, a teaching and an affiliating University. (5) In all suits and other legal proceedings, by or against the University, the pleadings shall he signed and verified by the Registrar, or any other person authorized in this behalf. and all processes in suits and proceedings shall he issued to, and served on. the Registrar. THE KOLKATA GAZETTE. EXTRAORDINARY. AUGUST 1, 2002 [PAnt ill The (Vest Ben,c4al Unit ersny of Health Sciences Act, 2002. (Sections 4, 5.) 'Ifssi cm of the ersity Objects of the University. 4. The Mission of the University shall be to create, uphold and develop an intellectual, philosophical, academic and physical environment which shall be con- ducive to free flow of ideas and exchange of information amongst various Faculties of the University, and to develop collaborative as well as autonomous institutions of research and higher learning, between this University and other Universities of Health Sciences, and other centres of excellence in the country and abroad, thereby opening a window to the world for the health professionals, health planners, health managers, health policy makers, bio-medical and social scientists, educators and academicians in Health Sciences of the country. 5. The objects of the University shall be to disseminate, create and preserve knowledge and understanding by teaching, research, extension and service and by effective demonstration and influence of its corporate life on society, the objects, in general and in particular, shall be (a) to establish uniformity in standards of education in all Faculties of Health Sciences including Modern System of Medicine, dentistry, nursing, pharmacy, various paramedical and paradental disciplines such as medical laboratory technology, physiotherapy, speech therapy, Ayurvedic, Unani and Homoeopathic Systems of Medicine, with a view to augmenting and enhancing the quality of such education and consistently aiming at modernizing, improving and achieving the highest standards of academic excellence at all levels on mutualunderstanding of all the systems of Health Sciences; (b) to promote and carry out research in various disciplines of Health Sciences with special emphasis on scientific, social and economic relevance of such research, and with a view to attaching special significance on occupational, psychosomatic and environmental health issues affecting the people; (c) to establish and develop study centres integrating all disciplines related with. and relevant to, Health Sciences specially those which are not presently included in the syllabi and curricula of undergraduate and post-graduate medical courses. These shall include population sciences, health systems research, health services research, operational research, health systems and health services management, health structure reforms. human resource development, educational technology, bioinformatics and telematics, medical transcription, epidemiological research technology, continuing education in Health Sciences, and any other branch of science as may be deemed expedient to be included; (d) to promote discipline and the spirit of intellectual inquiry and to dedicate itself as a fearless academic community to the sustained pursuit of excellence; (e) to encourage individuality and diversity within a climate of tolerance and mutual understanding; (f) to extend the benefits of knowledge and skills for development of individuals and society by associating the University closely with local and regional problems of development; (g) to provide for efficient and responsive administration, scientific management and develop organisation of teaching and research either within the University or as separate autonomous institutions with independent management jointly set up under a 'Memorandum of Understanding' with centres of excellence in higher learning established under the Law; (h) to strive to promote competitive merit and excellence as the sole guiding criterion in ail academic and other matters relating to students; PAns III] THE KOLKATA GAZETTE. EXTRAORDINARY. AUGUST 1, 2002 The West Bengal Unipersitv of Health Sciences Act, 2002. (Section 6.) (i) to foster, develop and enhance computer literacy amongst health professionals, faculty and students; (j) to promote freedom. secularism, egality. fraternity and social justice as enshrined in the Constitution of India and to spearhead socio-economic transformation by inculcating and fostering basic attitudes and values of essence to national development and integration and to develop a dedicated profession in social responsibility; (k) to promote equitable distribution of facilities of education in Health Sciences; and (I) to attain the highest standards of academic excellence by providing the physical infrastructure and creating an eclectic intellectual environment conducive to free flow of knowledge. ideas and meaningful exchange of information. Powers and functions of the University. 6. The powers and functions of the University shall be— (i) to designate any institution or college or educational center as a conducted college or an affiliated college or a University college; (ii) to make provisions to enable conducted and affiliated and University colleges and recognized institutions to undertake specialized studies; (iii) to establish, maintain upgrade and manage University departments, laboratories, libraries, museums and equipments for teaching or research; (iv) to establish, maintain and manage departments and institutions of research, specialized studies or academic services unit; (v) to organize, maintain and manage colleges, institutions, hostels, auditoria and gymnasia; (vi) to provide for establishment of campuses for serving a group of affiliated colleges and also to provide for and maintain common resources center in such campuses in the form of libraries, laboratories, computer centers and similar centers of learning: Provided that in case of any non-government organizations availing themselves of such facility of the University or such organizations providing such facility to the University, prior approval of the Government shall be obtained by the University; (vii) to formulate and implement syllabi and curricula for various academic courses of the University; (viii) to conduct and regulate the admission of students and conduct of entrance examinations of all academic courses of studies, instituted by the University, in a manner as may be prescribed and in conformity with the stipulations framed by the respective Councils; (ix) to standardize methods of evaluation and assessment and to hold examinations for awarding various diplomas, degrees and certificates as per regulations; (x) to institute and award diplomas, degrees, certificates and other academic distinctions subject to the regulations of the different councils concerned; (xi) to confer honorary degrees and other academic distinctions on such terms and conditions as may be prescribed; (xii) to prescribe conditions under which the award of any diploma, degree, certificate, titles and other academic distinctions may be withheld or be withdrawn; (xiii) to prescribe the conditions for affiliation or recognition of colleges or educational centers or institutions and to lay down conditions under which such affiliation or recognition may be withdrawn or suspended; ( xi v ) to make provision, wherever feasible in the University departments. affiliated colleges, institutions, recognised institutions and schools. for survey and collection of statistics, data and other particulars relevant to various developmental activities including State and National plans evaluation of the developmental schemes with the participation of the students as a part of their curricular activities; 0 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 1. 2002 II' oe ill The West Bengal University of Health Sciences Act, 2002. (Section 6.) (xv) to designate a Univi -sity department, conducted college. an affiliated college, institution. or school as an autonomous University department, University college, conducted college, affiliated college or institution or school. as the case may be. in conformity with the guidelines. if any, laid down by the University Grants Commission: (xvi) to monitor and evaluate the academic performance of affiliated colleges and recognised institutions for affiliation and periodical accreditation; (xvii) to inspect, where necessary. affiliated colleges and recognised institutions through suitable machinery established for the purpose, and take measures to ensure that proper standards of instruction, teaching and training are maintained by them, and adequate library, laboratory, hospital, workshop and other academic facilities are provided for; ( xviii) to co-ordinate and regulate teaching and research in the affiliated colleges and recognised institutions; ( xi x) to provide for periodical assessment of the performance of teachers and non-teaching employees of the colleges, institutions and University in accordance with the provisions of Statutes: (xx) to prescribe the Code of Conduct for managements; (xxi) to establish, maintain and manage, whenever necessary— (a) a printing and publication department, (b) university extension boards, (c) information bureaus, (d) employment guidance bureaus, (e) museum of Health Sciences, and (f) such other activities as may be necessary and possible to fulfil the objects of the University; (xxii) to explore the possibilities of augmenting the resources of the University by exploring or innovating activities such as research and development, consultancy, training programmes and providing services for different clients from industry, trade or any other non- government organisations; (xkiii) to recommend to the Government to take over, in the public interest, the management of an affiliated college, institution or autonomous college in case where irregularities or commissions or omissions or criminal nature by the management of such college, or institution are prima facie evident to the committee of enquiry appointed by the University: (xxiv) to undertake development programmes in Health Sciences, research, consultancy based projects and training programmes for outside agencies, by charging fees so as to generate resources; (xxv) to prescribe the conditions to govern and regulate the conduct and behaviour of students under the University during their tenure of studentship: Provided that the University shall have the liberty to suspend or terminate the studentship of any such student on the event of non-compliance of such regulations in any manner as may be prescribed; (xxvi) to create, suspend or abolish posts of Director, Principal, Professor, Associate Professor, Assistant Professor and other teaching posts in the University or prescribe qualifications and pay-scales for such posts and make suitable appointments thereto; THE KOLKATA GAZETTE. EXTRAORDINARY, MiGUST 1, 2002 The West Bengal University of Health Sciences Act, 2002. (Section 7.) (xxvii ). to appoint persons working in any other university or organizations as teachers of the University for a specified period; (xxviii ) to create non-teaching skilled, administrative, secretarial and other posts and prescribe the qualifications and pay-scales for such posts and make suitable appointments thereto; (xxix ) to facilitate mobility of teachers within the University; ( xxx ) to co-operate with any other university, authority. institution. professional academies. or associations or any other public or private bodies within or outside India for the purposes and objects similar to those of the University on such terms and conditions as may he prescribed; ( xxxi ) to jointly set up centres of excellence autonomous in nature in one or more areas of specialisation: Provided that prior approval of the Government shall have to be obtained by the University for setting up of such centres of excellence; (xxxii ) to manage. Control, upgrade or develop any movable or immovable property owned by the University or transferred to it on the appointed day or subsequent thereto subject to the provisions of. and for the purposes of, this Act; (xxxiii) to accept, hold and manage any endowments or donation of funds, which may be vested in the University by way of grant, testamentary disposition or otherwise, and to invest such endowments, donations or funds in any manner as the University may deem fit: Provided that no donation from a foreign foundation or individual shall be accepted by the University without prior approval of the Government; (xxxiv) to borrow money, with or without any security, for such purpose as may be approved by the Government, from the Central or any State Government, University Grants Commission, Banks, or other incorporated bodies, subject to the provisions of this Act; (xxxv) to fix fees, and demand and collect such fees, as may be prescribed; (xxxvi) to make, from time to time, such regulations as may be considered necessary for regulating the affairs and management of the University and to alter, modify or rescind such regulations; (xxxvii ) to promote and conduct research in disciplines of Health Sciences and to undertake publication of works on merit; (xxxviii) to accredit and classify all the affiliated institutions and conducted colleges under its jurisdiction subject to the provisions of section 7 of this Act; and (xxxix) to do all such other acts and things as the University may consider necessary, conducive or incidental to the attainment or enlargement of the objects of the University. Jurisdiction and admission to privileges. 7. (1) No institution or college or educational center in the State of West Bengal, imparting education in Health Sciences, shall save with the consent of the University and the sanction of the Government shall, be associated with, or seek admission to, any privileges of any other University in this State or in this country or abroad. (2) Any privilege, enjoyed from any other university before the appointed day by any Medical College or institution of Health Sciences situated in this State, shall be deemed to he withdrawn with effect from such date as may be notified by the Government. (3) All colleges, institutions and educational centers of Health Sciences in the State of West Bengal previously admitted to the privileges of, or affiliated to. the University of Calcutta, the University of Burdwan. the University of North Bengal, the University of Kalyani, the Vidyasagar University, the Jadavpur University, the THE KOLKATA GAZETTE. EXTRAORDINARY, AUGUST I. 20)2 l PAP': III The West Bengal University of Health Sciences Act, 2002. (Sections 8, 9.) Rabindra Bharati University and the V is\va Bharati University OF any other Government recognized university. Council or affiliating body. with effect from the date as may be notified under sub-section (2). shall he deemed to he admitted to the privileges of or affiliated to, the University. University open to all irrespective of sex, creed. class. caste, place of birth. religion or opinion_ Transfer of Government Colleges to the University. 8. (1) No citizen of India shall he excluded from any office of the University or from membership of any of its authorities, bodies or committees. or from appointment to any post or from admission to any degree. diploma, certificate or other academic distinction or course of study on the ground of sex. race, creed, class, caste, place of birth, religious belief, or profession, or political or other opinion: Provided that the University shall maintain, accredit or recognize any college or institution exclusively reserved for women. (2) The University shall adopt Goverment policy and orders or directions, issued from time to time for the purpose of admission of students and in regard to the reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes for appointment to different posts of teachers and non-teaching officers and employees in the affiliated or conducted colleges. University departments. University institutions or recognized institutions. (3) The_ University shall adopt the general policy of Government in regard to the welfare of various categories of weaker sections of the society and minorities as may be directed by the Government. - 9. ( 1 ) The Government may. at any time. by notification in the Official Gazette. transfer any Government college of Health Sciences to the University and on and from the date of such transfer the said college shall be a University College. (2) When any Government college is transferred to the University under sub- section (1), with effect from the date on which such transfer takes place, the following conditions shall ensure:— (i) all the assets including the properties and liabilities pertaining to the said college shall stand transferred to, and vest in, the University; (ii) any member of the teaching staff or other employees, of the said college who immediately before the date of such transfer were serving in, or were attached to, that college, shall stand transferred to the appropriate cadre or category of posts in the University on the same terms and conditions of service as were applicable to them before such transfer and unless and until such terms and conditions are altered with the consent of such persons: Provided that no such member of the teaching staff or other employee of the said college shall be transferred unless he has given his consent in this behalf: Provided further that if any such teacher or other employee does not give his consent for such transfer he shall, notwithstanding anything contained in this Act or in any other law for the time being in force. be retired from service and this shall be treated as voluntary retirement from service. He shall not be entitled to any damages or compensation in respect of such retirement, but shall be entitled to all benefits of retirement for the period of service rendered by him till the date of such voluntary retirement. P.A.k-r III] THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 1. 2002 9 The West Bengal University of Health Sciences Act, 2002. (Sections .10„ 11.) Teaching of the Chancellor of the University. 10. (1) All recognized teachings in connection with the diplomas, degrees and certificate of the University shall be conducted, under the control of the General Council, by the teachers of .the institutions or colleges or educational centers affiliated to the University in accordance with the syllabi prescribed by regulations. (2) The courses and curricula of, and.the authorities responsible for organizing, such teaching shall be such as may be prescribed by regulations. 11. (1) The Governor of the State of West Bengal shall, by virtue of his office. be the Chancellor of the University. (2) The Chancellor, when present, shall preside oyer the convocation of the University and may issue directions to the Vice-Chancellor to convene the meeting of any authority of the University for specific purposes, whenever necessary, and the Vice-Chancellor shall submit the minutes of such meeting to the Chancellor for the Chancellor's perusal. (3) The Chancellor may call for such information and record relating to any affairs of the University and thereupon issue such directions as the Chancellor may deem fit in the interest of the University and the authorities and officers of the University shall comply with such directions. (4) The Chancellor may, after taking report in writing from the Vice-Chancellor, suspend or modify any resolution, order or proceedings of any authority, body, Committee of officers, which in the opinion of the Chancellor, is not in conformity with this Act, or the Statutes, Ordinances, Rules, regulations made thereunder, or is not in the interest of the University and the University authority, body, committee and officer shall comply with the same: Provided that, before making any such order, the Chancellor shall call upon the University, authority, body, committee or officer. as the case may he, to show cause within the period specified, why such an order should not be made, and if any cause is shown, the Chancellor shall consider the same and wherever he deems it necessary, after consulting the Government, decide the action to be taken in the matter, and such decision shall be final. (5) Where, in the opinion of the Chancellor, the conduct of any elected or nominated or appointed or co-opted member is detrimental to the smooth functioning of the University or any authority or body or committee, the Chancellor may, after giving such member an opportunity to offer explanation in writing and after considering such explanation, if any he is satisfied that it is necessary so to do, suspend or disqualify such member, for such period, as may deem fit. (6) The Chancellor shall have the right to cause an inspection, to be• made by such person or persons as he may direct, of the University, and also the examinations. teaching and other work conducted or done by the University, and to cause an inquiry to be made in the like manner in respect of any matter connected with the administration and finances of the University. (7) The Chancellor shall, in every case, give notice to the University of his intention to cause an inspection or inquiry to he made, and the University shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry. I THE KOLKATA GAZETTE. EXTRAORDINARY, AUGUST 1. 2002 [PART III The West Bengal University of Health Sciences Act. 2002. (Sections 12-14.) (8) The Chancellor.may address the Vice-Chancellor with reference to the result of such inspection or inquiry. and the Vice-Chancellor shall communicate to the General Council the views of the Chancellor along with such advice as the Chancellor may offer on the action to be taken thereon. (9) The General Council shall communicate to the Chancellor through the Vice- Chancellor such action. if any, as it proposes to take, or as has been taken, on the result of such inspection or inquiry, within a time limit so fixed. (10) Notwithstanding anything contained in the foregoing sub-sections, if at any time the Chancellor is of the opinion that in any matter the affairs of the University are not managed in furtherance of the objects of the University or in accordance with the provisions of this Act, and the Statutes and Regulations or that special measures are desirable to maintain the standards of University teaching, examinations, research. administration or finances,, the Chancellor may refer to the Executive Council through the Vice-Chancellor any matter in regard to which he desires an explanation and call upon the Executive Council to offer such explanation within such time as may be specified by him. If the Executive Council fails to offer any explanation within the time specified or offers an explanation which in the opinion of the Chancellor, is not satisfactory, the Chancellor may issue such directions as appear to him to be necessary, and the Executive Council and any other authority concerned shall comply with such directions. Authorities of the University. (11) The General Council shall furnish such information relating• to the administration and finance of the University as the Chancellor may, from time to time, - require. (12) The Chancellor shall exercise such other powers, and perform such other duties, as may be conferred upon, or vested in, the Chancellor by or under this Act. 12. The following shall be the authorities of tile University:— (1) the General Council; (2) the Executive Council; (3) the Academic Council; (4) the Finance Committee; (5) the Planning Board; (6) the Board of Studies; and (7) such other authorities as may be declared by the Statutes to be the authorities of the University. The General Council The Executive Council 13. The General Council shall be the supreme authority of the University. 14. (1) The Executive Council shall be the principal executive body of the University. (2) The administration. management and control of the University and the income thereof shall vest in the Executive Council which shall control and administer the property and funds of the University. PART MI THE KOLKATA GAZETTE. EXTRAORDINARY, AUGUST 1. 2002 I 1 The West Bengal University of Health Sciences Act, 2002. (Sections 15-17 .) The Academic Council. Officers of the University. Regulations. 15. Subject to. the provisions of this Act and the regulations, the Academic Council shall be the principal academic body of the University, and shall have the power of control and regulation in general of, and shall be responsible for, the maintenance of standards of instruction, education and examination of the University, and shall also exercise such other powers, and shall perform such other duties, as may be conferred or imposed upon it by this Act or the regulations. It shall also have the right to advise the Executive Council on the academic matters. 16. The following shall be the officers of the University:— (a) the Vice-Chancellor; (I)) the Pro-Vice-Chancellor; (c) the Deans of Faculties: (d) the Registrar; (e) the Controller of Examinations; (f) the Finance Officer; and (g) such other officers as may be prescribed by regulations. 17. (1) Subject to the provisions of this Act, the Executive Council shall have, in addition to all other powers vested in it, the power to make regulations to provide for the administration and management of the affairs of the University: Provided that the Executive Council shall not make any regulation affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on, the proposed changes, and any opinion so expressed shall be considered by the Executive Council: Provided further that the Executive Council shall. with prior concurrence of the Academic Council. make, amend or repeal any regulation affecting all or any of the following matters:— (i) the constitution, powers and duties of the Academic Council; (ii) the authorities responsible for organizing teaching in connection with the University courses and related academic programmes; (iii) awarding, suspending, withholding or withdrawal of diplomas, degrees, certificates or academic distinctions; (iv) establishment, abolition and amalgamation of Faculties, Departments and institutions: (v) prescribing the requirements of infrastructure and superstructure and other essential prerequisites for running any course in any institution or any group of institutions in adherence with the regulations made by the respective Councils; (vi) the conferment of medals, prizes, scholarships, studentships and any other distinctions; (vii) conduct standard of examinations and conditions and modes of appointment of examiners in any course of study; (viii) modalities of enrolment, admission and regulating the conduct of students; (ix) status of recognition of examinations. (2) The Academic Council shall have the power to propose the regulations on all or any of the matters specified in clauses (i) to (ix) of sub-section ( 1 ) and matters incidental or related thereto. THE KOLKATA GAZETTE. EXTRAORDINARY. AUGUST 1. 2002 1 II The West Bengal University, of Health Sciences Act, 2002. (Section 18.) (3) Where the Executive Council has amended or rejected any regulation proposed by the Academic Council. the Academic Council may appeal to the Chancellor, and the Chancellor may, by order, direct that the proposed regulation may be laid before the next meeting of the General Council for its approval or modification or rejection, or that pending such approval or modification or rejection of the General Council, such regulation shall have effect from such date as may be specified in the order: Provided that if the regulation is modified, or not approved, by the General Council at such meeting, it shall respectively be effected as modified, or cease to have effect, accordingly. (4) All regulations made by the Executive Council shall be submitted, as soon as may be, for approval, to the Chancellor and to the General Council at its next meeting, and the General Council shall, by a resolution passed by a majority of not less than two-thirds of the members present, have the power to cancel or modify any regulations made by the Executive Council and such regulations shall, from the date of such resolution, cease to have effect, or be effective as modified. Constitution and function of the General Council. 18. (1) The General Council shall consist of the following members:— (a) the Chancellor; (b) the Vice-Chancellor; (c) three Pro-Vice-Chancellors; (d) the Secretary, Health and Family Welfare Department, Government of West Bengal; (e) the Secretary, Higher Education Department, Government of West Bengal; (f) the Secretary, Finance Department, Government of West Bengal; (g) six members, one each as nominated, by the State Government, to the Medical Council of India. the Dental Council of India. the Indian Nursing Council, the Pharmacy Council of India, the Central Council of Indian Medicine. and the Central Council of Homoeopathy; (h) the Director of Health Services, West Bengal: (i ) the Director of Medical Education, West Bengal: (j 1 the Chairman, West Bengal Human Rights Commission: (k) two distinguishes'_ Doctors nominated by the Indian Medical Association, West Bengal Branch; (1) two distinguished educationists nominated by the Vice-Chancellor; (m) a person nominated by the University Grants Commission from amongst the members of the University Grants Commission; (n) an eminent scholar nominated by the Government of West Bengal; (o) three numbers elected by the Members of the West Bengal Legislative Assembly from amongst themselves in the manner as may be prescribed. (2) The Chancellor shall be the Chairman of the General Council and a nominee of the General Council from amongst its members shall be the Chairman of the Finance Committee of the University. (3) The terms of office of the members of the General Council shall be in the following manner:— ( a) the term of office of the members of the General Council shall, subject to the provisions of clauses (b) and (c) of this sub-section. be three years: Provided that the term of office of the members of the first General Council shall be five years; PA;- i I THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST The West Bengal University of Health Sciences Act, 2002. (Section .18.) (h) where a member of the General Council becomes a member by reason of the office or appointment he holds or is a nominated member. his membership shall terminate when he ceases to hold such office or appointment, as the case may be, or his nomination is withdrawn or cancelled: (c) a member of the General Council shall cease to he a member of that Council if he resigns. or becomes of unsound mind, or becomes insolvent. or is convicted of a criminal offence involving moral turpitude, or if a member, other than the Vice-Chancellor or Pro-Vice-Chancellors. accepts a full time appointment in the University; and (d) any vacancy in the General Council shall be filled up either by appointment or nomination, as the case may be, of a person by the respective authority entitled to make the same and the person so appointed or nominated shall hold office for so long as the member in whose place he is appointed or nominated could have hold office if such vacancy had not occurred. (4) The powers of the General Council shall be— (a) to review from time to time the different policies and programmes of the University and suggest measures for the improvement and development of the University: Provided that -the Executive Council sh -a-11 abide by such suggestions towards implementation of the same by way-of framing regulations or otherwise, as the case may be; (b) to consider and pass appropriate resolutions on the annual report, financial estimates, audit reports on the accounts of the University; (c) to approve, modify or reject any regulations made by the Executive Council; and (d) to perform such other functions as it may deem necessary for the efficient functioning and administration of the University. (5) Meeting of the General Council shall he held in the following manner:— (a) the General Council shall meet at least twice in a year. An annual meeting of the General Council shall be held on a date to be fixed by the Executive Council, unless some other date has been fixed by the General Council in respect of any year; (b) the Chancellor shall preside over the meetings of the General Council. The Chancellor, in his absence, shall nominate a member of the Executive Council to preside and, in the absence of both of them, the Vice- Chancellor shall preside; (c) a report of the working of the University during the preceding year. together with the statement of receipts and expenditures, the balance sheet as audited, and the financial estimates, shall be presented by the Vice-Chancellor to the General Council at its annual meeting; (d) the meetings of the General Council shall be called on by the Chancellor, or in his absence, by the Vice-Chancellor, either on his own or at the request of not less than ten members of the General Council; (e) for every meeting of the General Council. fifteen days notice shall be given; (f) one-third of the members of the General Council shall form the quorum for the meeting; 14 THE KOLKATA GAZETTE. EXTRAORDINARY. AUGUST 1. 2002 1PART ill The West Bengal University uj Health Sciences Act, 2002. (Section 19.) (g) each member of the General Council shall have one vote and if there be equality of votes on any question to be determined by the General Council. the Chancellor or the person presiding over the meeting shah. in addition, .have a casting vote: (h) in the case of difference of opinion among the members, the opinion of the majority shall prevail; and (i) if any urgent action by the General Council becomes necessary, the Chancellor may permit the business to be transacted by circulation of papers to the members of the General Council. The action proposed to be taken shall not be taken unless agreed to by a majority of the members of the General Council. The action so taken shall be forth- -with intimated to all the members of the General Council and the papers shall be placed at the next meeting of the General Codncil for ratification. Constitution and function of the Executive Council. 19. (1) The Executive Council shall consist of the following members:— (a) the Vice-Chancellor; (b) three Pro-Vice-Chancellors; (c) the Director of Medical Education, West Bengal; (d) the Director of Health Services, West Bengal; (e) the Director of Homoeopathy, West Bengal; (f) the Director of Ayurveda, West Bengal; (g) a distinguished teacher from the West Bengal Nursing Services, nominated by the Government of West Bengal; (h) a distinguished teacher from the West Bengal Dental Services, nominated by the Government of West Bengal; (i) a Principal of any Institute of Pharmacy under the Government of West Bengal nominated by the Government of West Bengal; (j) the President of, the West Bengal Medical Council, the State Homoeopathic Council, the State Ayurvedic Council, the State Unani Council, in the State of West Bengal; (k) the Secretary, Department of Health and Family Welfare, Govern- ment of West Bengal or his nominee not below the rank of Deputy Secretary; (1) the Secretary, Department of Finance, Government of West Bengal, or his nominee not below the rank of Deputy Secretary; (m) two distinguished Professors of the West Bengal Medical Education Service nominated by the Department of Health and Family Welfare, Government of West Bengal; (n) an officer of the Department of Health and Family Welfare nominated by the Government of West Bengal; (o) two distinguished educationists nominated by the Chancellor of the University; (p) one member electe
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