LexThe West Bengal State University ( Barasat, North 24 Parganas ) Act, 2007
West Bengal · state statute
Open in Lexace · Ask the AI about this actNo. WB(Part-IV)/2007/SAR-3 Registered No. WB/SC-247
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Published by Authority
PHALGUNA 6]
MONDAY, FEBRUARY 25, 2008 [SAKA 1929
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative
NOTIFICATION
No. 274-L.-21st February, 2008.—The following Act of the West Bengal Legislature, having been assented to by
the Governor, is hereby published for general information:—
West Bengal Act XXVIII of 2007
THE WEST BENGAL STATE UNIVERSITY
(BARASAT, NORTH 24 PARGANAS) ACT, 2007.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette,
Extraordinary, of the 25th February, 2008.]
An Act to provide for the establishment and incorporation of West Bengal State
University (Barasat, North 24 Parganas) in the district of North 24 Parganas in the
State of West Bengal and for certain matters incidental thereto and connected
therewith.
WHEREAS it is expedient to establish and incorporate the West Bengal State
University(Barasat, North 24Parganas) in the district of North 24-Parganas in the
State of West Bengal 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 the society;
THE KOLKATA GAZE I I E, EXTRAORDINARY, FEBRUARY 25, 2008 [PART III
The West Bengal State University (Barasat, North 24 Parganas) Act, 2007.
(Chapter 1.—Preliminary.—Section 1, 2.)
It is hereby enacted in the Fifty-eighth Year of the Republic of India, by the
Legislature of the West Bengal, as follows:—
CHAPTER I
Short title and
commencement.
Preliminary
1. (1) This Act may be called the West Bengal State University (Barasat, North
24Parganas) Act, 2007.
(2) This section and section 58 shall come into force at once; and the remaining
provisions of this Act shall come into force on such date or dates as the State
Government may, by notification in the Official Gazette, appoint, and different dates
may be appointed for different provisions of this Act.
Definitions. 2. In this Act, unless there is anything repugnant in the subject or context,—
(1) "affiliated" in relation to a college or an institution means affiliated to the
University of West Bengal State University(Barasat, North 24Parganas) under
this Act, in which instruction is provided, under prescribed conditions, for
General courses of study, Professional courses of study, Vocational courses
of study, at the Undergraduate as well as at the Postgraduate levels of study;
(2) "appointed day" means the date referred to in sub-section (5) of section 58;
(3) "autonomous college" means a college affiliated to the University and
enjoying academic freedom to—
(a) determine and prescribe its own courses of study and syllabi;
(b) determine rules of admission subject to the reservation policy of the
State Government; and
(c) evolve methods of conduction of examination and evaluation, under
the guidelines and overall supervision of the University;
(4) "convocation" means a meeting of the Court for the purpose of conferring
degrees, titles, diplomas, certificates or other academic distinctions;
(5) "distance education" means instruction imparted through correspondence as
recognized by the Distance Education Council, Government of India;
(6) "district" means the district of North 24Parganas in the State of West Bengal
or any district which may be created in future out of any part thereof;
(7) "employee" in relation to the University means a person employed by the
University;
(8) "financial year" means the year ending on the 31st day of March;
(9) "Government college" means a college affiliated to the University which is
maintained and managed by the Government of West Bengal;
(10) "Governor" means the Governor of the State of West Bengal;
(11) "hall" or "hostel" means a unit of residence of students maintained 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 recognized as
such by the University, and
(b) in relation to a college affiliated to the University, Librarian or any
other person holding a post of Librarian, by whatever name called,
appointed or recognized by the University or appointed by such college;
(13) "Minister" means the Minister-in-charge of Higher Education appointed as
such by the Governor;
PART III] THE KOLKATA GAZE 1"1'h, EXTRAORDINARY, FEBRUARY 25, 2008 3
The West Bengal State University (Barasat, North 24 Parganas) Act, 2007.
(Chapter I.—Preliminary.—Section 2.)
(14) "non-teaching staff" means,—
(a) in relation to the University, the non-teaching staff appointed or
recognized as such by the University not holding any teaching post or a
person not holding the post of an officer or a person not holding the
post of Librarian, by whatever name called;
(b) in relation to an affiliated college, the non-teaching staff, not holding
any teaching post (including part-time teaching post), appointed or
recognized by the University or appointed by such college, but does
not include a Librarian by whatever name called;
(15) "prescribed" means prescribed by Statutes or Ordinances or Regulations;
(16) "Principal" means the head of a college or of an institution, by whatever
name called;
(17) "private college" means a college affiliated to the University which is
maintained and managed by private sources;
(18) "professional college" means a college affiliated to the University in which
instruction is provided primarily for courses of study leading to any degree,
diploma or certificate of the University in any professional subject and which
is recognized under this Act as a professional college;
(19) "professional subject" means any of the following subjects, namely, law,
teachers' training, engineering, technology, agriculture, library and
information science, mass communication and journalism, management
studies or such other subject as may be prescribed by regulations;
(20) "Statutes", "Ordinances", "Regulations" and "Rules" mean, respectively, the
Statutes, Ordinances , Regulations and Rules made under this Act, and they
shall be deemed to be rules within the meaning of clause (36) of section 3 of
the Bengal General Clauses Act, 1899;
(21) "Students' Union" means,—
(a) in relation to the University, the Students' Union constituted in the
manner prescribed; and
(b) in relation to an affiliated college, the Students' Union constituted in the
manner prescribed;
(22) "Teacher" means a Professor, Reader, Principal, Lecturer, or any other person,
holding a whole time teaching post, appointed or recognized by the University
or appointed by an affiliated college or institution;
(23) "Teacher of the University" means a Professor, Reader, Lecturer or any other
person, holding a teaching post, appointed or recognized as such by the
University;
(24) "University" means the University of West Bengal State University (Barasat,
North 24 Parganas) as constituted under this Act;
(25) "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;
(26) "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 it or not;
(27) "University Professor", "University Reader" or "University Lecturer" means
a Professor, Reader or Lecturer appointed or recognized as such by the
University.
Ben. Act
I of 1899.
4
THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 25, 2008 [PART III
The West Bengal State University (Barasat, North 24 Parganas) Act, 2007.
(Chapter H.—The University and its Officers.—Sections 3, 4.)
The University.
Powers of the
University.
CHAPTER II
The University and its Officers
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 University
of West Bengal State University (Barasat, North 24Parganas).
(2) The University shall have perpetual succession and a common seal and shall
sue and be sued by the name of the University of West Bengal State University (Barasat,
North 24 Parganas).
4. The University shall have the following powers, namely :—
(1) to encourage and provide for instruction, teaching, training and research in
such branches of learning and courses of study as it may think fit, and
generally to promote the advancement and dissemination of knowledge and
learning, and the extension of higher education;
(2) to establish, maintain and manage colleges, libraries, laboratories, museums
and such other institutions or centres for study and research as it may deem
necessary;
to provide for specialization of studies in colleges and for organization by
colleges of common laboratories, libraries, museums and other institutions
or centres for study and researchmork;
(4) to affiliate to itself or to recognize colleges or institutions or centres as
autonomous;
(5) to recognize affiliated colleges as professional colleges or autonomous
colleges or Government Colleges or private colleges and to withdraw
recognition of any such college;
(6) to prescribe for colleges, other than Government Colleges and private
colleges,—
(a) the constitution, powers and functions of their Governing Bodies,
(b) the terms and conditions of service and emoluments for posts of
Principals, Teachers and such other employees as it may deem fit; and
(c) the rules for Provident Funds;
(7) to prescribe for affiliated colleges the constitution, powers and functions for
Teachers' Councils;
(8) to provide for the inspection, or investigation into the affairs, of colleges or
institutions recognized by it or affiliated to it and to exercise general
supervision and control over them;
to disaffiliate a college or an institution in any subject or subjects, or to
withdraw affiliation or recognition of colleges or institutions, if necessary;
(10) to take over for a period of twelve months the management of any college or
institution, affiliated to, or recognized by the University, other than a
Government College or institution, or a private college in order to ensure
that proper standards of teaching, training or instruction are maintained
therein:
(11) Provided that the University may, if it considers it necessary so to do, extend
such period so, however, that the aggregate period shall not extend eighteen
months;
(12) to dissolve the Governing Body of any affiliated college, professional college,
autonomous college, institution, other than a private college or a Government
College and pending reconstitution of the Governing Body thereof in such
manner as may be prescribed to appoint an Administrator or an adhoc Governing Body:
(3)
(9)
THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 25, 2008 5
The West Bengal State University (Barasat, North 24 Parganas) Act, 2007.
(Chapter 11.—The University and its Officers.—Section 4.)
Provided that the reconstitution of the Governing Body shall be made
within a period of twelve months from the date of dissolution:
Provide further that the University may, if it considers it necessary so to
do, extend such period so, however, that the aggregate period shall not exceed
eighteen months;
(13) to institute Professorships, Readerships, Lectureships and other teaching posts
required by the University with the approval of the State Government and to
appoint persons to such Professorships, Readerships, Lectureships or other
teaching posts, or to recognize persons as Professors, Readers or Lecturers
of the University, or as holders of other teaching posts of the University;
(14) to create posts, as and when required, of officers and employees of the
University besides those provided for in this Act with the concurrence and
approval by the State Government;
(15) to prescribe, subject to the provisions of this Act, the constitution, powers
and duties of the Boards of Studies, the Finance Committee, and other bodies
as may be prescribed;
(16) to prescribe the powers and duties of officers of the University;
(17) to prescribe, subject to the provisions of this Act, the terms and conditions of
service, including the rules of conduct and discipline and the emoluments
for all categories of posts of the University;
(18) to make provisions for provident and other funds for the employees of the
University;
(19) to institute degrees, titles, diplomas, certificates and other academic
distinctions;
(20) to hold examinations and to confer degrees, titles, diplomas, certificates and
other academic distinctions on persons who shall have pursued an approved
course of study in an affiliated college, professional college or University
College or a University Laboratory unless exempted there from in the manner
prescribed and shall have passed the prescribed examinations of the
University, or shall have carried on research under conditions prescribed;
(21) 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;
(22) to confer honorary degrees or other academic distinctions under conditions
prescribed;
(23) to prescribe fees or other charges for examinations and other purposes, and
to demand and receive the fees or other charges so prescribed;
(24) to establish, maintain and manage halls and hostels and to withdraw such
recognition;
(25) to provide for the promotion of the health and welfare of students and of
discipline among them;
(26) to co-ordinate the activities of, and give financial aid to affiliated or recognized
colleges and institutions;
(27) to make grant to the National Service Scheme and National Cadet Corps
from the University Fund;
(28) to enter into an agreement with the Government or with any person; body or
authority for the taking over by the University of the management of any
college or institution, including its assets and liabilities, or for any other
purpose not repugnant to the provisions of this Act;
THE KOLKATA GAZE 11'h, EXTRAORDINARY, FEBRUARY 25, 2008 [PART III
The West Bengal State University (Barasat, North 24 Parganas) Act, 2007.
Jurisdiction of
University.
. (Chapter 11.—The University and its Officers.—Section 5.)
(29) to acquire, hold and dispose of property, movable and immovable and to
make grants and advances for furthering any of its objects;
(30) to accept and administer gifts, endowments and benefactions, for the
furtherance of any of its objects for the University or for or on behalf of any
college or institution established by, affiliated to, or recognized by, the
University, and to institute awards, fellowships, traveling fellowships,
scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes;
(31) to accept grants and to raise loans or to accept loans from the Central
Government or any State Government or the University Grants Commission,
and with the approval of the State Government also from the other sources;
(32) to co-operate with other Universities, institutions and educational authorities
in matters that relate to and further the educational objectives of the
University;
(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.
(34) to impart instruction through distance education with the approval of the
Distance Education Council;
(35) to introduce interdisciplinary or multidisciplinary integrated courses in
selected subjects.
5. ( 1 ) Save as hereinafter otherwise provided, the local limits of jurisdiction of
the University (hereinafter referred to as the territorial limits of the University) shall
not extend beyond the limits of any district referred to in clause (6) of section 2.
(2) Notwithstanding anything contained in sub-section (1), any college or
institution situated beyond the limits of any district, with the sanction of the State
Government, may apply to the University for affiliation and the University may,
subject to such conditions and restrictions as it may, with the approval of the State
Government, think fit to impose, admit the same to all the privileges of the University.
(3) Notwithstanding anything contained in any other law for the time being in
force, with effect from such date as the State Government may by notification in the
Official Gazette appoint in this behalf (hereinafter in this section referred to as the
said date)—
(a) such colleges existing on the said date within the limits of the district 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 subject to the conditions that nothing in this Act shall affect
the powers exercised by the West Bengal University of Health
Science and the West Bengal University of Technology;
(b) any Teacher, Principal or member of Governing Body of any such college
or institution holding, by virtue of his being such Teacher, Principal or
member of Governing Body, any office in or under the University of
Calcutta or any of the authority of the said University, shall cease to
hold such office and the vacancy so caused shall be deemed to be a
casual vacancy for the purpose of 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 prior approval of the State Government.
West Ben. Act
XXXVIII of 1979.
PART THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 25, 2008 7
The West Bengal State University (Barasat, North 24 Parganas) Act, 2007.
(Chapter 11.—The University and its Officers.—Sections 6-9.)
6. The University may delegate such of its powers as it may deem expedient to
any of its authorities referred to in Section 16 or to any of 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 :—
(1) the Vice-chancellor;
(2) the Registrar;
(3) the Finance Officer; and
(4) persons holding such other posts as may be declared by Statutes to be
posts of 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.
(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.
The Vice-Chancellor. 9. (1) The Vice-Chancellor shall be appointed by the Chancellor on the
unanimous recommendation of the Court. If the Court fails to make any such
recommendation; the Vice-Chancellor shall be appointed by the Chancellor in
consultation with the Minister from a panel of three persons to be elected by the
Court in accordance with the system of proportional representation by means of the
single transferable vote.
•
(2) (a) The Vice-Chancellor shall hold office for a period of four years or till
he attains the age of sixty-five years, whichever is earlier and shall, subject to the
provisions of this Section, be eligible for re-appointment for a period not exceeding
four years.
(b) The Chancellor may, notwithstanding the expiration of the term of the office
of Vice-Chancellor or his attaining the age of 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 pay 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 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, removal or otherwise,
then during the period of such temporary inability or pending the
appointment of a Vice-Chancellor, as the case may be,
the•Chancellor may, in consultation with the Minister, appoint any person to exercise
the powers and perform the duties of the Vice-Chancellor.
Delegation of
Powers.
Officers of
University.
The Chancellor.
8
THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 25, 2008 [PART III
. The West Bengal State University (Barasat, North 24 Parganas) Act, 2007.
(Chapter 11.—The University and its Officers.—Sections 10-12.)
(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 provisions of
sub-section (1) within a period of six months from the date of occurrence of the
vacancy.
Powers and duties of 10. (1) The Vice-Chancellor shall be the principal executive and academic officer
the Vice-Chancellor. 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 Tneeting of any
other authority or body of the University of which he may not be a member, but shall
not be entitled to vote thereat.
(2) The Vice-Chancellor shall have the power to convene meetings of the Court,
the Executive Council, the Faculty Councils for Post-Graduate Studies and of any
other authority or body of the University.
(3) It shall be the duty of the Vice-Chancellor to ensure that the provisions of
this Act, and the Statutes, the Ordinances and the Regulations, 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 to the
authority or body which, in the ordinary course, would have dealt with the matter:
Provided that if the action taken by the Vice-Chancellor is not approved by the
authority or body concerned, the matter shall immediately be referred to the Chancellor
whose decision thereon shall be final.
(7) The Vice-Chancellor may, with the approval of the Executive Council,
delegate any of his powers, other than the power referred to in sub-section (6), to any
other officer subordinate to him.
The Registrar. 11. (1) The Registrar shall be a whole-time officer of the University and shall
be appointed by the Executive Council on the recommendation of a Committee
consisting of the Vice-Chancellor as Chairman, a nominee of the Chancellor, two
nominees of the Executive Council and a nominee of the State Government.
(2) The Registrar may resign his office by writing under his hand addressed to
the Vice-Chancellor.
(3) If the Registrar is for any reason temporarily unable to exercise the powers
or perform the duties of his office, the Vice-Chancellor may with the approval of the
Executive Council appoint a teacher of the University or an officer of the University,
temporarily for a period not exceeding six months, to exercise the powers and perform
the duties of the Registrar.
Powers and duties of 12. Subject to the supervision, direction and general control of the Vice- the Registrar. Chancellor, the Registrar shall act as the Secretary of the Court as also of the Executive
Council and shall exercise such powers and perform such duties as may be prescribed,
or delegated to him by or under this Act.
r.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 25, 2008 9
The Finance Officer.
Powers and duties of
the Finance Officer.
Supervisory Powers
of the Registrar and
the Finance Officer.
Authorities.
The West Bengal State University (Barasat, North 24 Parganas) Act, 2007.
(Chapter IL—The University and its Officers.—Sections 13-15.—
Chapter 111.—Authorities of the University.—Sections 16, 17.)
13. (1) The Finance Officer shall be a whole-time officer of the University. He
shall be appointed by the Executive Council on the recommendation of a committee
consisting of the Vice-Chancellor as the Chairman, a nominee of the Chancellor, two
nominees of the Executive Council and a nominee of the State Government for such
period and on such terms and conditions as may be prescribed by Statutes.
(2) The Finance Officer may resign his office by writing under his hand addressed
to the Vice-Chancellor.
(3) If the Finance Officer is for any reason temporarily unable to exercise the
powers and perform the duties of his office, the Vice-Chancellor, with the approval
of the Executive Council, may appoint a person temporarily for a period not exceeding
six months to exercise the powers and perform the duties of the Finance Officer.
14. (1) Subject to the supervision, direction and general control of the Vice-
Chancellor, the Finance Officer shall be in charge of the administration of the funds,
the finances and the properties and assets of the University and of all trusts and
endowments; and he shall take special interest in activities that aim at raising funds
for the purposes of the University and for augmenting the resources of the University.
(2) The Finance Officer shall 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, 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 the Statutes or Ordinances or the Regulations, as the case may be.
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.
The Court. 17. (1) The Court shall consist of the following:—
(a) ex officio members
(i) the Chancellor;
(ii) the Vice-Chancellor;
(iii) the Registrar;
(iv) the immediately preceding Vice-Chancellor;
(v) the Secretary, Department of Higher Education, Government
of West Bengal or his nominee not below the rank of Joint
Secretary to the Government of West Bengal;
(vi) the Secretary, Finance Department, Government of West
Bengal or his nominee not below the rank of Deputy Secretary
to the Government of West Bengal;
10
THE KOLKATA GAZE11E, EXTRAORDINARY, FEBRUARY 25, 2008 [PART III
The West Bengal State University (Barasat, North 24 Parganas) Act, 2007.
(Chapter 111.—Authorities of the University.—Section 17.)
(vii) the President, West Bengal Council of Higher Secondary Education;
(viii) the President, We .st Bengal Board of Madrasah Education;
(ix) the Chairman, West Bengal College Service Commission;
(x) the Chairman, West Bengal Board of Vocational Education and
Training;
(xi) the Deans of the Faculty Councils for POst-Graduate Studies;
(xii) one Principal of the autonomous colleges by rotation and nominated
by the Vice-Chancellor;
(xiii) not more than three Professors of the University Departments
elected by such Professors of whom at least one shall belong to
any Department under each Faculty Council for Post graduate
studies;
(xiv) . not more than six teachers of University Departments other than
Professors elected by such teachers from amongst themselves of
whom at least one shall belong to any Department under each
Faculty Council for Post graduate studies;
(xv) seven teachers, other than Principals, of affiliated colleges including
private colleges, professional colleges and autonomous colleges,
elected by Teachers of such Colleges from amongst themselves of
whom—
(A) one shall be from the professional colleges;
(B) one shall be from a teachers' training college;
(C) one shall be from an engineering college;
(xvi) three Principals of affiliated colleges elected jointly by the
Principals of such colleges from amongst themselves;
(xvii) three members of the West Bengal Legislative Assembly elected
from amongst themselves, if they are not already members of the
Court of whom at least one shall be from the territorial jurisdiction
of the University;
(xviii) one person nominated by the Chancellor other than a person from
the teaching profession;
(xix) three regular post-graduate students of the University, not - more
than one from any Faculty Council for Post-Graduate Studies, of
whom one shall be a lady student, elected by an electoral college
of such students constituted in the manner prescribed.
Explanation 1.—"regular post-graduate student" shall mean
a student who has been prosecuting his studies in a Post-graduate
Department of the University under any Faculty Council for Post-
Graduate Studies and who is not in default of payment of prescribed
tuition fees and other dues of the University till such date as may
be notified by the University in this behalf.
Explanation 11.—Notwithstanding anything contained
elsewhere in this Act, a regular post-graduate student elected under
this clause shall hold office from the date of his election and for a
period of two years or till he ceases to be a regular post-graduate
student, whichever is earlier;
(xx) 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.
PART III] THE KOLKATA GAZE I I b, EXTRAORDINARY, FEBRUARY 25, 2008 11
Powers and duties of
the Court.
The West Bengal State University (Barasat, North 24 Parganas) Act, 2007.
(Chapter HT—Authorities of the University.—Section 18.)
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 University
in this behalf.
Explanation 11.—Notwithstanding anything contained
elsewhere in this Act, a regular student elected under this clause
shall hold office from the date of his election and for a period of
three years or till he ceases to be a regular student, whichever is
earlier;
(xxi) one Research Scholar or Research Fellow of the University elected
by the Research Scholars and the Research Fellows of the
University.
Explanation 1.—Research Scholar or Research Fellow of the
University" shall mean a whole-time Research Scholar or Research
Fellow of the University who receives a stipend from the University.
Explanation 11.—Notwithstanding anything contained
elsewhere in this Act, a Research Scholar or Research Fellow of
the University elected under this clause shall cease to hold office
on the expiration of the term of Research Scholarship or Research
Fellowship, as the case may be;
(xxii) three members at least one of whom must be a woman elected by
the registered graduates from amongst themselves;
(xxiii) two members elected by the members of the non-teaching staff of
the University from amongst themselves;
(xxiv) one member elected by the members of the non-teaching staff of
affiliated colleges from amongst themselves;
(xxv) one member elected by the officers and the supervisory staff of the
University from amongst themselves;
(xxvi) four persons to be nominated by the State Government of whom—
(A) one shall be from the members of the registered trade unions,
(B) one shall be from the members of the peasants' organization,
(C) one shall be from the members of the primary school teachers'
associations, and
(D) one shall be from the members of the secondary school
teachers' associations;
(xxvii) one person to be elected by the Librarians of the University and of
the colleges affiliated to the University from amongst themselves.
(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
duties:—
(i) to establish University Colleges, University Departments, institutions,
libraries, laboratories and museums of study and research;
(ii) to confer, on the recommendation of the State Government and the
University Grants Commission, such special powers as may be
prescribed by Statutes on any college or institution providing instruction
for courses of study in fine arts or music or conducting higher studies
and research:
Provided that the Court may withdraw, with the concurrence of State Government
and the University Grants Commission, all or any of the special powers conferred on
any such college or institution;
12 THE KOLKATA GAZE1 1 h, EXTRAORDINARY, FEBRUARY 25, 2008 [PART III
The West Bengal State University (Barasat, North 24 Parganas) Act, 2007.
(Chapter III—Authorities of the University.—Section 18.)
(iii) to create and institute Professorships, Readerships, Lectureships, and
such posts including posts of officers as may be necessary for the
establishment of the University Colleges, University Departments,
institutions, libraries, laboratories and museums referred to in clause
(i) with the approval of the State Government;
(iv) to institute degrees, titles, diplomas, certificates and other academic
distinctions;
(v) to institute fellowships, traveling fellowships, scholarships, studentships,
stipends, bursaries, exhibitions, medals and prizes to be awarded out of
the University Fund;
(vi) to confer degrees, titles, diplomas, certificates and other academic
distinctions on person who—
(A) have pursued prescribed courses of studies or have been exempted
therefrom in the manner prescribed, and have passed such
examinations as may be prescribed, or
(B) have carried on research in accordance with such conditions as
may be prescribed;
(vii) 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;
(viii) to confer honorary degrees or other academic distinctions;
(ix) to consider the Annual Statement of Accounts and the Annual Financial
Estimates approved by the Executive Council and to pass such
resolutions relating thereto as may be considered necessary :
Provided that for the purpose of passing a resolution modifying or
rejecting any such Annual Financial Estimates it shall be necessary for
a majority of the total number of members of the Court existing at the
time to vote in favor of the resolution;
(x) to consider the Annual Report as prepared by the Executive Council
and to pass such resolutions relating thereto as may be considered
necessary;
(xi) to consider, and advice on, such other reports from the Executive Council
or any other body as may be made to it;
(xii) to consider, and advise on, proposals from the Executive Council for
entering into agreement with the Government or with any person, body
or authority for the taking over by the University of the management of
any college or institution, including its assets and liabilities, or for any
other purpose not repugnant to the provisions of this Act;
(xiii) to consider, and advise on, proposals from the Executive Council for
co-operation with other universities, institutions and educational
authorities in matters that relate to or further the educational objectives
of the University;
(xiv) to consider and suggest measures for the improvement of the
administration and finances of the University, and generally for the
furtherance of its objectives;
(xv) to make rules for the transaction of its own business;
(xvi) to exercise all other powers and perform all other functions conferred
and imposed on the Court by or under this Act.
PART 111] THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 25, 2008 13
The West Bengal State University (Barasat, North 24 Parganas) Act, 2007.
Meetings of the
Court.
The Executive
Council.
(Chapter X.—Authorities of the University.—Sections 19, 20.)
(2) The Court shall not exercise the powers and perform the duties referred to in
clauses (i) and (iii) to (viii) of sub-section (1) except on the recommendation of the
Executive Council but may send proposals in respect thereof to the Executive Council
for its recommendation.
(3) The Court shall have the power to review the action of the Executive Council,
save where the Executive Council has acted in accordance with the powers conferred
on it by or under this Act :
Provided that if any question arises as to whether the Executive Council has acted
in accordance with the powers conferred on it by or under this Act, the matter shall be
decided by reference to the Chancellor whose decision shall be final.
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 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 fifty per cent. of members of the Court, convene a
meeting of the Court. A meeting on such requisition shall be held within fifteen days
of the receipt of the requisition by the Vice-Chancellor.
20. (1) The Executive Council shall consist of the following members:—
(a) ex officio members:
(i) the Vice-Chancellor;
(ii) the Secretary, Department of Higher Education, Government of
West Bengal or his nominee not below the rank of Joint Secretary,
Department of Higher Education, Government of West Bengal;
(iii) the Deans of the Faculty Councils for Post-Graduate Studies ;
(iv) the Member Secretary, West Bengal State Council of Higher
Education;
(b) other members :
(v) one Professor of the University elected by such Professors of the
University as are members of the Faculty Councils for Post graduate
studies from amongst themselves,
(vi) one Reader or Lecturer of the University elected by such Readers
and Lecturers of the University as are members of the Faculty
Councils for Post-Graduate Studies from amongst themselves;
(vii) one Professor of the University elected by such Professors of the
University as are members of the Court from amongst themselves;
(viii) one Reader or Lecturer of the University elected by such Readers
and Lecturers of the University as are members of the Court from
amongst themselves;
(ix) one non-teaching employee of the University elected by such non-
teaching employees of the University as are members of the Court
from amongst themselves;
(x) one student elected by such students as are members of the Court
from amongst themselves,
(xi) 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;
14
THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 25, 2008 [PART III
The West Bengal State University (Barasat, North 24 Parganas) Act, 2007.
(Chapter 111.—Authorities of the University.—Section 21.)
(xii) two persons elected by the members of the Councils for
Undergraduate Studies from amongst themselves of whom both
shall not be from one Council for Undergraduate Studies;
(xiii) one shall be a Principal, of an affiliated college elected by such
Principals as are members of the Court;
(xiv) two persons elected by such Teachers of affiliated colleges not
being Principals, as are members of the Court from amongst
themselves;
(xv) one person nominated by the Chancellor;
(xvi) one person elected by the officers of the University from amongst
themselves.
(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 shall be a quorum for a meeting of
the Executive Council.
Powers and duties
of the Executive
Council.
21. Subject to the provisions of this Act, the Executive Council shall exercise
the following powers and perform the following duties :—
(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 Colleges,
University Departments, institutions, libraries, laboratories and museums
for study and research;
(iii) to maintain University Colleges, University Departments, University
institutions, University libraries, University laboratories and University
museums;
(iv) to establish, maintain and manage halls and to recognize hostels;
(v) to direct the inspection of University libraries, University laboratories,
University museums and hostels;
(vi) to recommend to the Court , after consulting the respective Faculty Councils
for Post-Graduate Studies, the institution "of -fellowships, travelling
fellowships, scholarships, 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 Court;
(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 Colleges, University Departments,
institutions, libraries, laboratories and museums referred to in clause (i) of
sub-section(1) of section 18;
(viii) to create posts of Officers, TExcerpt shown. Open the full act in Lexace.