[West
Bengal Act 27 of 2018] [2nd
January, 2019] An Act to provide for
constitution and incorporation of the Harichand Guruchand University in the
district of North 24 Parganas, West Bengal and for matters connected therewith
and incidental thereto. Whereas it is expedient to
constitute and incorporate a State-aided affiliating University by the name of
the Harichand Guruchand University in the district of North 24 Parganas, West
Bengal and to enable the University to function efficiently as a teaching,
training and research centre in various branches of learning and courses of
study, including Humanities, Social and Basic Sciences, management studies and
promoting advancement and dissemination of knowledge and learning, and
extending higher education, to meet the requirements of higher education and
research in the subjects and to serve the society and the nation; It is hereby enacted in the
Sixty-ninth Year of the Republic of India, by the Legislature of West Bengal,
as follows. Chapter
I PRELIMINARY (1) This Act may be called
the Harichand Guruchand University Act, 2018. (2) This section, Section 62,
Section 63, Section 64, Section 65 and Section 66 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. In this Act, unless there
is anything repugnant in the subject or context, (1) “appointed day” means the
date referred to in sub-section (5) of Section 63; (2) “affiliated” in relation to
a college or an institution means affiliated to the University under this Act,
in which instruction is provided, under prescribed conditions, for General
courses of study, Professional courses of study, Vocational courses of study,
etc. at the Undergraduate as well as at the Post-graduate levels of study; (3) “autonomous college” means
a college affiliated to the University and enjoying academic freedom to. (a) determine 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
conducting 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) “Constituent College” means
an affiliated college in which instruction is provided, under prescribed
conditions, for honours as well as for Post-graduate courses of study, and which
is declared as such by the University: Provided that, if in any
professional subject no honours courses of study have been prescribed, a
professional college may be a constituent college although no instruction is
provided in that college for honours courses of study in that subject; (6) “distance education” means
instruction imparted through correspondence or distance mode as recognized by
the appropriate authority; (7) “employee” in relation to
the University means a person employed by the University as per prescribed
norms; (8) “financial year” means the
year ending on the 31st day of March; (9) “Government college” means
a college which is maintained and managed by the State Government; (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 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 by such college with prior
approval of the State Government; (13) “Minister” means the
Minister-in-Charge of the Department of Higher Education and appointed as such
by the Governor; (14) “non-teaching staff means, (i) in relation to the
University, the non-teaching staff appointed 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; (ii) in relation to an
affiliated college, the non-teaching staff, not holding any teaching post,
appointed by such college, but does not include a Librarian; (15) “prescribed” means prescribed
by rules made under this Act; (16) “Principal” means the head
of a college or of an institution, by whatever name called; (17) “private college” means a
college which is fully financed, maintained and managed by private
organization; (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 provided by Regulations; (20) “registered graduate” means
a graduate registered in the University on making application in the prescribed
form and on payment of such fee and in such manner as may be provided by the
Statutes; (21) “State Government” means
the Government of West Bengal in the Higher Education Department; (22) “Statutes”, “Ordinances”
and “Regulations” shall mean respectively, the Statutes, Ordinances and
Regulations made under this Act; (23) “Students' Council” means, (a) in relation to the
University, the Students' Council constituted in the manner prescribed by the
State Government; and (b) in relation to an
affiliated college, the Students' Council constituted in the manner prescribed
by the State Government; (24) “teacher of college” means
a Professor, an Associate Professor or an Assistant Professor or a Reader
holding a whole time substantive teaching post and appointed in a permanent
vacancy in a college or recognized as such by the State Government; (25) “teacher of University”
means a Professor, an Associate Professor or an Assistant Professor or any
other person, holding a whole time substantive teaching post and appointed in a
permanent vacancy in the University or recognized as such by the University
with prior approval of the State Government; (26) “University” means the
Harichand Guruchand University as constituted under this Act; (27) “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; (28) “University Laboratory”,
“University Library”, “University Museum” or “University Institution” means a
laboratory, a library, a museum or an institution, as the case may be,
maintained and managed by the University, whether established by it or not; (29) “Vice-Chancellor” means the
Vice-Chancellor of the University. Chapter
II UNIVERSITY
AND ITS OFFICERS (1) There shall be established
and incorporated a state-aided affiliating University by the name of the
Harichand Guruchand University in the district of North 24 Parganas, West
Bengal. (2) The first Vice-Chancellor
of the University and the first members of the University Council, and all
persons who may hereafter become the Vice-Chancellor of the University or the
members of the University Council, 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 Harichand Guruchand University. (3) The University shall have
perpetual succession and a common seal and shall have powers to sue and be sued
by the name of the Harichand Guruchand University. The University shall have
the following powers, namely. (1) to encourage and provide
for instruction, teaching, training and research in such branches of learning
and courses of study as it may think fit, and generally to promote the
advancement and dissemination of knowledge and learning, and the extension of
higher education with special emphasis on the study of indigenous languages as
well as culture and rural development; (2) to establish, maintain and
manage colleges, libraries, laboratories, museums and such other institutions
or centres for study and research as it may deem necessary; (3) to provide for specialization
of studies, in colleges and for organization by colleges having common
laboratories, libraries, museums and other institutions or centres for study
and research work; (4) to affiliate colleges or
institutions or centres and to withdraw such affiliation as per provisions of
this Act; (5) to recognize affiliated
colleges as professional colleges or autonomous colleges or private colleges
and to withdraw recognition of any such college under the provisions of this
Act; (6) to provide for affiliated
colleges, other than Government Colleges. (a) the powers and functions of
their Governing Bodies; and (b) for the Colleges other than
the Government Colleges and the Government-aided colleges, with the approval of
the State Government. (i) the terms and conditions of
service and emoluments for posts of Principals, Teachers and such other
employees as it may deem fit; (ii) the rules for Provident
Funds; and (iii) the duties and
responsibilities of the Principal, Teachers and any other employee as deem fit
and disciplinary actions and punishment for negligence or violations thereof; (7) to provide for affiliated
colleges the constitution, powers and functions for Teachers' Councils; (8) to provide for the
inspection, or investigation into the affairs, of colleges or institutions
recognized by it or affiliated to it and to exercise general supervision and
control over them; (9) to 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 a private
college in order to ensure that proper standards of teaching, training or
instruction are maintained therein: Provided that the
University may, if it considers it necessary so to do, extend such period,
however, that the aggregate period shall not extend eighteen months; (10) to dissolve, in
consultation with the State Government, the Governing Body of any affiliated
private college, professional college, autonomous college, institution, other
than a Government-aided college or a Government College and pending
reconstitution of the Governing Body thereof in such manner as may be provided
and to appoint an Administrator or an ad hoc Governing Body: Provided that the
reconstitution of the Governing Body shall be made within a period of twelve
months from the date of dissolution: Provided further that the
University may, if it considers it necessary so to do, extend such period,
however, that the aggregate period shall not exceed eighteen months; (11) to institute degrees,
titles, diplomas, certificates and other academic distinctions; (12) to hold examinations and to
confer degrees, titles, diplomas, certificates and other academic distinctions
on persons who shall have pursued an approved course of study in an affiliated
college, professional college or University College or a University Laboratory
unless exempted therefrom in the manner provided by the Regulations and shall
have passed the prescribed examinations of the University, or shall have
carried on research under conditions provided; (13) to withdraw or to cancel
degrees, titles, diplomas, certificates or other academic distinctions under
such conditions as may be provided by the Statutes and after giving the person
affected a reasonable opportunity to present his case; (14) to confer honorary degrees
or other academic distinctions under conditions provided by the Statutes; (15) to institute Professorships
including Distinguished or Chair Professorships, Associate Professorships,
Assistant Professorships and other teaching posts required by the University
with prior approval of the State Government and to appoint persons to such
Professorships, Associate Professorships, Assistant Professorships or other
teaching posts, or to recognize persons as Professors, Associate Professors or
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; (16) to create posts, as and
when required, of officers and employees of the University besides those
provided for in this Act with the prior concurrence and approval of the State
Government; (17) 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 provided by the
Statutes; (18) to provide by the Statutes
the powers and duties of officers of the University; (19) to provide by the Statutes,
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; (20) to make provisions for
provident and other funds for the employees of the University; (21) to determine fees or other
charges for examinations and other purposes, and to demand and receive the fees
or other charges so prescribed; (22) to establish, maintain and
manage halls and hostels and to withdraw such recognition; (23) to provide for the
promotion of the health and welfare of students and of discipline among them; (24) to co-ordinate the
activities of, and give financial aid to affiliated or recognized colleges and
institutions; (25) to extend grant to the
National Service Scheme and National Cadet Corps from the University Fund; (26) 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; (27) to acquire, hold and
dispose of property, movable and immovable and to make grants and advances for
furthering any of its objects; (28) to accept and administer
gifts, endowments and benefactions, for the furtherance of any of its objects
for the University or for or on behalf of any college or institution
established by, affiliated to, or recognized by, the University, and to
institute awards, fellowships, travelling fellowships, scholarships,
studentships, stipends, bursaries, exhibitions, medals and prizes; (29) 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 approval of the State Government
also from the other sources; (30) to co-operate with other
Universities, institutions and educational authorities in matters that relate
to and further the educational objectives of the University; (31) 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; (32) to impart instruction
through distance education with the approval of the Distance Education Council; (33) to introduce
interdisciplinary or multidisciplinary integrated courses in selected subjects; (34) to initiate collaborative
teaching and research programme with other universities and to provide
modalities for Credit Transfer and Award of Joint Degrees if deemed necessary. (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
Court and the Executive Council. (2) The courses of study, the
curricula and the authorities responsible for organising such teaching shall be
such as may be provided by regulations. 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. (1) Save as hereinafter
otherwise provided, the territorial limits of jurisdiction of the University
shall be such as may be determined and notified by the State Government in
the Official Gazette, from time to time. (2) Notwithstanding anything
contained in sub-section (1), any college or institution situated beyond the
limits of jurisdiction of the University, 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 and with effect from
such date as the State Government may, by notification in the Official
Gazette, appoint in this behalf under sub-section (1) and sub-section (2). (a) such colleges existing on
the said date within the limits of the jurisdiction, shall. (i) be deemed to be affiliated to
the University and continue to be so affiliated until the otherwise directed;
and (ii) cease to be affiliated from
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 Maulana Abul Kalam Azad University of Technology, West Bengal,
the West Bengal University of Teachers' Training, Education Planning and
Administration, the West Bengal University of Health Sciences, or such other
University as may be notified by the State Government from time to time; (iii) any person of any such
college or institution holding any post Under the previously affiliated
University shall cease to hold such post or office; (b) 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; Explanation. For the
purpose of this section, to enable higher education to reach the unreached, the
territorial limit shall not be insisted upon in the matter of Distance
Education Mode of Learning. The University may delegate
such of its powers as it may deem expedient to any of its authorities referred
to in Section 21 or to any of its officers, and may, at any time withdraw at
its discretion any power so delegated. The following shall be the
officers of the University. (1) the Vice-Chancellor; (2) the Registrar; (3) the Deans of Faculty
Councils; (4) the Director of School of
Studies; (5) the Finance Officer; (6) the Law Officer; (7) the Controller of
Examinations; (8) Inspector of Colleges; (9) the University Librarian; (10) such other persons as may
be declared by Statutes to be the officers of the University. (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. (1) (a) The Vice-Chancellor
shall be a distinguished academician with proven competence and integrity and
having a minimum of ten years 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
should be appointed by the Chancellor out of a 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. (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 Court: 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 period 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, following the provisions of sub-section (1). (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 salary and allowances as the Chancellor may decide in consultation
with the State Government. (4) The Vice-Chancellor may
resign his office by writing under his hand addressed to the Chancellor; (5) If (a) the Vice-Chancellor is, by
reason of leave, illness or 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 the term of his office or otherwise, then during the period of such
temporary inability or pending the appointment of a Vice-Chancellor, as the
case may be, the Chancellor, in consultation with the Minister, 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 provisions of sub-section (1)
within a period of six months from the date of occurrence of the vacancy, and
such period should 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 (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 (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, 1973 (2 of 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
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 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. (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 Court. He shall,
by virtue of his office, be a member and the Chairman of the Executive Council
and the Academic Councils for 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 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 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: 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. (1) The Registrar shall be a
whole-time officer of the University and shall be appointed by the Executive
Council on the recommendation of a Committee consisting of the Vice-Chancellor
as Chairman, a nominee of the Chancellor, two nominees of the Executive Council
and a nominee of the State Government, and on such terms and conditions, as
prescribed by, or under, this Act. (2) The Registrar may resign
his office by writing under his hand addressed to the Vice-Chancellor. (3) If the Registrar is for any
reason temporarily unable to exercise the powers or perform the duties of his
office, the Vice-Chancellor may with the approval of the Executive Council
appoint a teacher of the University or an officer of the University,
temporarily for a period not exceeding six months, to exercise the powers and
perform the duties of the Registrar. Subject to the supervision,
direction and general control of the Vice-Chancellor, the Registrar shall act
as the Secretary to the Court and the Executive Council and shall exercise such
powers and perform such duties as may be provided by the Statutes, or delegated
to him by or under this Act. (1) The Finance Officer shall
be a whole-time officer of the University. He shall be appointed by the
Executive Council on the recommendation of a committee consisting of the
Vice-Chancellor as the Chairman, a nominee of the Chancellor, two nominees of
the Executive Council and a nominee of the State Government for such period and
on such terms and conditions as may be prescribed by or under this Act. (2) The Finance Officer may
resign his office by writing under his hand addressed to the Vice-Chancellor. (3) If the Finance Officer is
for any reason temporarily unable to exercise the powers and perform the duties
of his office, the Vice-Chancellor, with the approval of the Executive Council,
may appoint a person temporarily for a period not exceeding six months to
exercise the powers and perform the duties of the Finance Officer. (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. (1) There shall be a Law
Officer in the University. (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. (1) The Controller of
Examinations shall be a whole-time officer of the University. He shall be
appointed by the Executive Council on the recommendation of a committee
consisting of the Vice-Chancellor as the Chairman, a nominee of the Chancellor,
two nominees of the Executive Council and a nominee of the State Government for
such period and on such terms and conditions as may be prescribed by or under
this Act. (2) The 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 and
perform the duties of his office, the Vice-Chancellor may, with the approval of
the Executive Council, appoint a person temporarily for a period not exceeding
six months to exercise the powers and perform the duties of the Finance
Officer. (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. In their respective spheres
of duties, the Registrar, the Finance Officer, the Law Officer and the
Controller of Examinations 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 The following shall be the
authorities of the University. (1) the Court; (2) the Executive Council; (3) the Faculty Council(s) for
Postgraduate Studies; (4) the Council(s) for
Undergraduate Studies; (5) the Board of Studies; (6) the Finance Committee; (7) such other authorities as
may be declared by regulations to be the authorities of the University. (1) The Court shall be the
supreme authority of the University. (2) The Court shall consist of
the following members. (a) Ex officio members. (i) the Chancellor; (ii) the Vice-Chancellor; (iii) 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; (iv) the Secretary, Finance
Department, Government of West Bengal or his nominee not below the rank of
Joint Secretary to the Government of West Bengal; (v) the Chairman, West Bengal
State Council of Higher Education or his nominee; (vi) the Director of Public
Instruction, West Bengal or his representative not below the rank of Additional
Director of Public Instruction; (vii) the Chairperson of the
College Service Commission or a member of the Commission as his nominee; (viii) a nominee of the Chairman,
University Grants Commission; (b) Representatives of
Departments of the University and affiliating Colleges. (i) Heads of Departments of the
University; (ii) five senior most Professors
of Departments of University to be selected by the Vice-Chancellor in
alphabetical order of the Department, of whom not more than one Professor shall
be from the same Department; (iii) principals of affiliated
Colleges, not more than ten, to be nominated by the Vice-Chancellor; (iv) five teachers from the
Council of Undergraduate studies, of whom at least two shall be Associate
Professor and others shall not be below the rank of Assistant Professor, to be
elected by the members of the Council from amongst themselves in the manner as
may be provided by the Statutes; (v) one representative of
officers of the University, to be elected from amongst themselves in the manner
as may be provided by the Statutes; (vi) two representatives of
non-teaching employees of whom. (a) One from non-teaching
employees of the University, (b) One from non-teaching
employees of the affiliated colleges of the University, to be elected from
amongst themselves in the manner as may be provided by the Statutes; (c) Nominated Members. (vii) not more than five persons
to be nominated by the Chancellor in consultation with the Minister from
amongst the persons interested in University education: Provided that no employee
of the University or of a College or institution affiliated with the University
or recognized by it shall be eligible to be a member; (viii) Special Invitee. (ix) any official or expert in
any field or eminent educationist, whom the Vice-Chancellor may require for
advice, consultation or assistance, may be invited to attend the meeting: Provided that not more than
one official or expert or eminent educationist may be invited in a meeting at a
time. (3) A member of the Court shall
hold office for a period of four years, if not expressly provided otherwise in
sub-section (1). Any vacancy among the members of the Court shall be filled up
immediately by the concerned authority. (4) No act or proceedings of
the Court or anybody or authority constituted by the Court shall be invalid or
called in question by reason of the existence of any vacancy, initial or
subsequent, in the Court or in any body constituted by the Court, as the case
may be. (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 provided 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 the State Government and the University
Grants Commission, all or any of the special powers conferred on any such
college or institution; (iii) to create and institute
Professorships including Distinguished or Chair Professorships, Associate
Professorships, Assistant Professorships, 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 prior approval of the State Government; (iv) to institute degrees,
titles, diplomas, certificates and other academic distinctions; (v) to institute fellowships,
travelling fellowships, scholarships, studentships, stipends, bursaries,
exhibitions, medals and prizes to be awarded out of the University Fund; (vi) to confer degrees, titles,
diplomas, certificates and other academic distinctions on persons who. (a) have pursued prescribed
courses of studies or have been exempted therefrom in the manner provided, and
have passed such examinations as may be determined by the University, or (b) have carried on research in
accordance with such conditions as may be provided by the Regulations; (vii) 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; (viii) to confer honorary degrees
or other academic distinctions; (ix) to consider the Annual
Statement of Accounts and the Annual Financial Estimates approved by the
Executive Council and to pass such resolutions relating thereto as may be
considered necessary: Provided that for the
purpose of passing a resolution modifying or rejecting any such Annual
Financial Estimates it shall be necessary for a majority of the total number of
members of the Court existing at the time to vote in favour of the resolution; (x) to consider the Annual
Report as prepared by the Executive Council and to pass such resolutions
relating thereto as may be considered necessary; (xi) to consider, and advise on,
such other reports from the Executive Council or any other body as may be made
to it; (xii) to consider, and advise on,
proposals from the Executive Council for entering into agreement with the
Government or with any person, body or authority for the taking over by the
University of the management of any college or institution, including its
assets and liabilities, or for any other purpose not repugnant to the
provisions of this Act; (xiii) to consider, and advise on,
proposals from the Executive Council for co-operation with other universities,
institutions and educational authorities in matters that relate to or further
the educational objectives of the University; (xiv) to consider and suggest
measures for the improvement of the administration and finances of the
University, and generally for the furtherance of its objectives; (xv) to make rules for the
transaction of its own business; (xvi) to exercise all other
powers and perform all other functions conferred and imposed on the Court by or
under this Act. (2) The Court shall not
exercise the powers and perform the duties referred to in clauses (i) and (iii)
to (viii) of sub-section (1) except on the recommendation of the Executive
Council but may send proposals in respect thereof to the Executive Council for
its recommendation. (3) The Court shall have the
power to review the action of the Executive Council, save where the Executive
Council has acted in accordance with the powers conferred on it by or under
this Act: Provided that if any
question arises as to whether the Executive Council has acted in accordance
with the powers conferred on it by or under this Act, the matter shall be
decided by reference to the Chancellor whose decision shall be final. (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 General 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 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. (1) The Executive Council shall
consist of the following members. (a) Ex officio Members: (i) the Vice-Chancellor; (ii) 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; (iii) the Secretary, Finance
Department, Government of West Bengal or his nominee not below the rank of
Joint Secretary to the Government of West Bengal; (iv) the Chairman, West Bengal
State Council of Higher Education or his nominee; (v) the Director of Public
Instruction, West Bengal or his nominee not below the rank of Additional
Director of Public Instruction; (vi) the Deans of Faculty
Councils for Post-graduate Studies; (vii) principals of affiliated
Colleges, not more than seven, to be nominated by the Vice-Chancellor; (b) Other Members. (i) three Heads of Departments,
by rotation for one year in alphabetical order of the Department, to be
selected by the Vice-Chancellor; (ii) seven teachers from the
Faculty Council for the Post-graduate Studies of whom four shall be Professors,
two shall be Associate Professors and one shall be Assistant Professor and they
shall be elected by the members of the Faculty Council from amongst themselves
in the manner as may be provided by the Statutes; (iii) five teachers of whom at
least two shall belong to the rank of Associate Professor and others shall be
not below the rank of Assistant Professor from the Council of Undergraduate
studies to be elected by the members of the Council from amongst themselves in the
manner as may be provided by the Statutes; (iv) two persons interested in
University education, nominated by the Chancellor in consultation with the
Minister: Provided that no employee
of the University or of a College or institution affiliated with the University
or recognized by it shall be eligible to be a member. (2) A member of the Executive
Council shall hold office for a period of four years, if not expressly provided
otherwise in sub-section (1). Any vacancy among the members of the Executive
Council shall be filled up immediately by the concerned authority. (3) No act or proceedings of
the Executive Council or any body or authority constituted by the Executive
Council shall be invalid or called in question by reason of the existence of
any vacancy, initial or subsequent, in the Executive Council or in any body
constituted by the Executive Council, as the case may be. (4) One-third of the total
number of members shall be a quorum for a meeting of the Executive Council. 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 including Distinguished or Chair
Professorship, Associate Professorships, Assistant Professorships and such
posts as may be necessary for the establishment of the University Colleges,
University Departments, institutions, libraries, laboratories and museums; (viii) to create posts of
Officers, Teachers and employees of the University or to recommend to the Court
for such creation, with the approval of the State Government; (ix) to appoint Officers and
employees of the University and to define their duties in accordance with the
Statutes and the Ordinances and to suspend, discharge or otherwise punish in
accordance with the Statutes and the Ordinances such Officers and employees; (x) to pass appropriate orders
on the basis of the recommendation of the respective Council for Undergraduate
Studies regarding affiliation of a college or an institution in one or more
subjects or withdrawal of affiliation or recognition of a college or an
institution or temporary takeover of the management of an affiliated or a
recognised college or institutions; (xi) to provide, on the
recommendation of the respective Council for Undergraduate Studies for
colleges, other than Government Colleges. (a) the constitution, powers
and functions of their Governing Bodies; (b) the functions of the
Teachers Councils and rules regarding provident fund of the employees of the
colleges; and (c) duties and responsibilities
of the Principal, Teachers, and any other employee as deemed fit and
disciplinary actions for negligence or violations thereof; (xii) to determine and collect
fees or charges for the registration of students and their admission to courses
of studies organized by the University, for holding examinations, for the grant
of degrees, diplomas and certificates, and for other like purposes; (xiii) to recommend to the Court,
after consulting the respective Faculty Councils for Post-graduate Studies, the
institution of degrees, titles, diplomas, certificates and other academic distinctions; (xiv) to recommend to the Court,
on the advice of the appropriate body, the conferment of degrees, titles,
diplomas, certificates and other academic distinctions on persons who have
pursued courses of studies or have been exempted therefrom in the manner
provided, and have passed such examinations or have carried on research under
such conditions, as may be provided; (xv) to recommend to the Court
the conferment of honorary degrees and other academic distinctions; (xvi) to approve the constitution
or reconstitution of the respective department of teaching on the
recommendation of the respective Faculty Council for Post-graduate Studies; (xvii) to make regulations and
syllabi regarding the courses of studies and the division of subjects including
interdisciplinary or multidisciplinary approach for integrated courses in
selected subjects after obtaining and considering the recommendation of the
Faculty Councils for Post-graduate Studies and the Councils for Undergraduate
Studies in this regard; (xviii) to make regulations regarding
the examinations which shall be recognised as the equivalent examinations held
by the University; (xix) to make regulations
regarding the conduct of examinations held by the University and the conditions
under which students may be admitted to the different courses of studies and
the examinations held by the University; (xx) to make regulations
regarding all other matters which may be or are required to be provided for by
the regulations; (xxi) to provide for co-operation
and reciprocity among colleges, institutions and laboratories and the
Universities so as to faster the development of academic life and to encourage
Cluster Concept to ensure the fullest utilization of the teaching and
infrastructural resources available, on the recommendation of the respective Faculty
Council for Post-graduate Studies and to form College Development Council for
this purpose if thought necessary; (xxii) to give directions regarding the form, custody
and use of the common seal of the University; (xxiii) to acquire, hold and
dispose of property, movable and immovable, and to administer all assets,
properties and funds of the University, and to undertake all measures necessary
or desirable for the conservation or augmentation of the resources of the
University: Provided that for the
purpose of disposing of any property valued more than one lakh of rupees
previous approval of the Court shall be necessary; (xxiv) to accept and administer
gifts, endowments and benefactions for the furtherance of the purposes of this
Act; (xxv)to accept grants and to
raise or accept loans on behalf of the University and to make grants or
advances from the University fund or other special funds maintained by the
University; (xxvi) 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 on the recommendation of the Faculty Council for
Post-graduate Studies or the Council for Undergraduate Studies concerned; (xxvii) to manage the Press
Establishment, the Publication Bureau and the Employment Bureau of the
University and to exercise general supervision over Students' Council,
University Extension Board, University Sports Board and other bodies instituted
by the University; (xxviii) to approve the Annual
Statements of Accounts and the Annual Financial Estimates of the University and
to submit the same to the Senate for consideration; (xxix) to prepare the Annual
Report and submit the same to the Court for consideration; (xxx)to make due provision for
the health, welfare, residence and discipline of students and their
relationship with the University and to provide for such other training of
students as may be considered desirable; (xxxi) to co-operate with other
Universities, Institutions, Associations, Societies or Bodies on such terms and
for such purposes, not inconsistent with the purposes of this Act, as it may
determine; (xxxii) to institute Collaborative
Teaching and Research Programmes with other Universities and prescribe
modalities for Credit Transfer and Award of Joint Degrees in a manner not
inconsistent with the purposes of this Act; (xxxiii) to make regulations for the
transaction of its own business; (xxxiv) to exercise all other
powers and perform all other functions conferred and imposed on the Executive
Council by or under this Act; (xxxv) to exercise general
supervision over the Faculty Councils for Post-graduate Studies and the
Councils for Undergraduate Studies and give such directions to these Councils
for the due discharge of their respective duties as it may consider necessary. (1) There shall be the
following Faculty Councils for Post-graduate Studies. (a) the Faculty Councils for
Post-graduate studies of Humanities, Arts, Fine Arts, Performing Arts and
Traditional Art Forms; (b) the Faculty Councils for
Post-graduate studies of Social Science, Pure Science and Technology; (c) the Faculty Councils for
Post-graduate studies of Information Science, Media Science, Law, Education,
Library Science and Physical Education; (d) the Faculty Councils for
Post-graduate studies of Vocational studies, Commerce and Management; (e) the Faculty Councils for
Post-graduate studies of sports management and other allied branches of studies; (f) such other Faculty Councils
for Post-graduate studies as may be determined by the Executive Council, from
time to time. (2) Each Faculty Council for
Post-graduate Studies shall consist of the following members. (i) the
Vice-Chancellor—Chairman; (ii) the Dean of the Faculty
Council Concerned; (iii) the Head or Heads of the
Department or Departments concerned, if any; (iv) the Professor or Professors
of the Department or Departments concerned, if any; (v) the Librarian of the
University, if the post is vacant then the person acting as Librarian of the
University; (vi) five shall be Teachers of
the University, other than Professors, to be elected by such Teachers of the
concerned Faculty Council from amongst themselves, in such manner as may be
provided for by the Statutes; (vii) not more than three persons
having special knowledge in the subject or subjects concerned nominated by the
Vice-Chancellor; (viii) three teachers
participating in undergraduate teaching in the subject or subjects concerned
elected by the members of the concerned Council for undergraduate studies, in
such manner as may be provided for by the Statutes; (ix) one student representative
pursuing Post-graduate Studies in the University and one Research Scholar
pursuing research in the University to be elected by Post-graduate students and
Research Scholars respectively of the concerned Faculty Council from amongst
themselves in such manner as may be provided for by the Statutes: Provided that the student
representative or the research scholar referred to under this clause shall not
be permitted to take part in any meeting of the Faculty Council in which,
confidential matters relating to conduct of examination, checking of answer
scripts, publication of results and matters of similar nature are to be
discussed: Provided further that the
Faculty Council concerned may co-opt such Dean or Deans of any other Faculty
Council for Post-graduate Studies, as it may consider necessary. (3) Each Faculty Council for
Post-graduate Studies shall have a Secretary from amongst its members. (4) One-third of the total
number of members of a Faculty Council for Post-graduate and Undergraduate
Studies shall be a quorum for a meeting of the Faculty Council. Subject to the provisions
of this Act, and the Statutes, the Ordinances and the Regulations, a Faculty
Council for Post-graduate studies shall exercise the following powers and
perform the following duties. (i) to make proposals to the
Executive Council for the establishment of University Colleges, University
Departments, institutions, libraries, laboratories and museums for study and
research to be maintained by the University; (ii) to recommend to the
Executive Council the creation and institution of Professorships including
Distinguished or Chair Professorships, Associate Professorships, Assistant
Professorships, and other teaching posts and the duties and emoluments thereof; (iii) to make proposals to the
Executive Council for the promotion of research and, through special
committees, if any constituted for the purpose, to call for reports on such
research work from persons engaged therein, and to make recommendations to the
Executive Council thereon; (iv) to determine after
consulting the Executive Council the minimum qualifications for posts of
Teachers of the University; as per guidelines of the University Grants
Commission or any other concerned body; (v) to make proposals to the
Executive Council regarding provisions to be made for enabling the University
to undertake specialization of studies and for organization of common
laboratories, libraries, museums, institutes of research and other
institutions, maintained by the University; (vi) to constitute or
reconstitute the departments of teaching with the approval of the Executive
Council; (vii) to make provisions for
lectures and instructions for students of constituent and University Colleges
and University Laboratories and also for other persons who are not such
students; (viii) to advise the Executive
Council on the institution of degrees, titles, diplomas, certificates and other
academic distinctions; (ix) to hold and conduct,
subject to general supervision by the Executive Council University,
examinations and publish the results thereof in accordance with the Regulations
made in this regard; (x) to provide for the
inspection or the investigation into the affairs of any department or any
University College and submit report to the Executive Council; (xi) to have general supervision
over the Boards of Studies attached to the Faculty Council; (xii) to frame rules relating to
the courses of Post-graduate Studies and the division of subjects in regard
thereto including interdisciplinary or multidisciplinary integrated courses in
selected subjects and to recommend to the Executive Council the making of
Regulations in this regard; (xiii) to appoint, if required by
the Executive Council, after considering the views of the Boards of Studies
attached to the Faculty Council, Boards of Examiners in the subject or subjects
relating to Post-graduate Studies, including the subjects for doctoral thesis
and for prizes and medals; (xiv) to call for such reports or
information as the Faculty Council may consider necessary for efficient
discharge of its duties from the teaching departments, research units or Boards
of Studies; (xv) to consider any educational
matter relating to the Faculty Council and to arrive at decisions or make
recommendations pertaining thereto to the appropriate authority or officer; (xvi) to maintain contact with
the corresponding Council for Undergraduate Studies for the purpose of sharing
ideas and ensuring co-ordination; (xvii) to submit each year its
Annual Report to the Executive Council; (xviii) to make rules for the
transaction of its own business; (xix) to exercise all other
powers and perform all other functions conferred and imposed on it by or under
this Act; (xx) to delegate to the teaching
departments, research units, and Boards of Studies attached to it the
responsibility for such academic matters as respectively concern such
departments, units and Boards; (xxi) to consider and approve
results of examinations leading to post-graduate degrees, diplomas and
certificates; (xxii) to recommend to the
Executive Council the conferment of post-graduate degrees, diplomas and
certificates. (1) There shall be the
following Councils for Undergraduate Studies. (i) the Council for
Undergraduate Studies in Arts, Fine Arts, Performing Arts and Traditional Art
Forms; (ii) the Council for
Undergraduate Studies in Science, Technology, Home Science and Vocational
Studies; (iii) the Council for Undergraduate
Studies in Commerce and Management; (iv) the Council for
Undergraduate Studies in Law, Education, Journalism and Mass Communication,
Library Science and Physical Education; and (v) such other Council for
Undergraduate Studies as the Executive Council may decide from time to time. (2) The Council for
Undergraduate Studies in Arts, Fine Arts, Performing Arts and Traditional Art
Forms shall consist of the following members. (i) the
Vice-Chancellor—Chairman; (ii) the Dean of the Faculty
Councils for Post-graduate Studies in Arts, Fine Arts, Performing Arts and
Traditional Art Forms; (iii) ten teachers of affiliated
colleges of whom one shall be from a college imparting instruction in Fine
Arts, Performing Arts or Traditional Art Forms, if any, elected by the teachers
of such colleges in such manner as may be provided by the Statutes; (iv) two teachers participating
in Post-graduate teaching in the subject or subjects concerned elected jointly
by the members of the concerned Faculty Councils for Post-graduate Studies from
amongst themselves in such manner as may be provided by the Statutes; (v) four Principals of whom
three shall be from affiliated undergraduate colleges of Arts, and one shall be
from affiliated Fine Arts or Performing Arts or Traditional Art Forms colleges,
elected jointly by the Principals of such colleges in such manner as may be
provided by the Statutes; (vi) two persons having special
knowledge in the subject or subjects concerned nominated by the
Vice-Chancellor; (vii) two student representatives
pursuing Undergraduate studies in different streams of education in the
affiliated colleges of the University to be elected by such students from
amongst themselves in such manner as may be provided by the Statutes: Provided that no two
student representative shall be elected from the same stream of education: Provided further that the
student representatives referred to under this clause shall not be permitted to
take part in any meeting of the Faculty Council in which, in the opinion of the
Executive Council, any of the minutes of any such meeting may prejudicially
affect the general interest of the students. (3) The Council for
Undergraduate Studies in Commerce and Management shall consist of the following
members. (i) the
Vice-Chancellor—Chairman; (ii) the Dean of the Faculty
Council for Undergraduate Studies in Commerce and Management; (iii) the Principal or Principals
of the concerned affiliated colleges; (iv) not more than four
teachers, not belonging to the same Department, elected jointly by the teachers
of such affiliated colleges in such manner as may be provided by the Statutes; (v) four Principals of whom
three shall be from affiliated undergraduate colleges of Arts, and one shall be
from affiliated Fine Arts or Performing Arts or Traditional Art Forms colleges,
elected jointly by the Principals of such colleges in such manner as may be
provided by the Statutes; (vi) two persons having special
knowledge in the subject or subjects concerned nominated by the
Vice-Chancellor; (vii) two student representatives
pursuing Undergraduate studies in different streams of education in the
affiliated colleges of the University to be elected by such students from
amongst themselves in such manner as may be provided by the Statutes: Provided that no two
student representative shall be elected from the same stream of education: Provided further that the
student representatives referred to under this clause shall not be permitted to
take part in any meeting of the Faculty Council in which, in the opinion of the
Executive Council, any of the minutes of any such meeting may prejudicially
affect the general interest of the students. (4) The Council for
Undergraduate Studies in Commerce and Management shall consist of the following
members. (i) the
Vice-Chancellor—Chairman; (ii) the Dean of the Faculty
Council for Undergraduate Studies in Commerce and Management; (iii) the Principal or Principals
of the concerned affiliated colleges; (iv) not more than four
teachers, not belonging to the same Department, elected jointly by the teachers
of such affiliated colleges in such manner as may be provided by the Statutes; (v) two persons having special
knowledge in the subjects nominated by the Vice-Chancellor; (vi) one student representative
pursuing Undergraduate studies in different streams of education in the
affiliated colleges of the University to be elected by such students from
amongst themselves in such manner as may be provided by the Statutes: Provided that the student
representatives referred to under this clause shall not be permitted to take
part in any meeting of the Faculty Council in which, in the opinion of the
Executive Council, any of the minutes of any such meeting may prejudicially
affect the general interest of the students. (5) The Council for
Undergraduate Studies in Law, Education, Journalism and Mass Communication,
Library Science and Physical Education shall consist of the following members. (i) the Vice-Chancellor Chairman; (ii) the Dean of the Faculty
Council for Post-graduate Studies in Law, Education, Journalism and Mass
Communication, Library Science and Physical Education; (iii) the Principal or Principals
of the concerned affiliated colleges; (iv) not more than four
teachers, not belonging to the same Department participating in the subjects
concerned elected by such teachers from amongst themselves in such manner as
may be provided by the Statutes; (v) two persons having special
knowledge in the subject concerned nominated by the Vice-Chancellor; and (vi) two student representatives
pursuing Undergraduate studies in the affiliated colleges of the University to
be elected by such students from amongst themselves in such manner as may be
provided by the Statutes: Provided that no two
student representative shall be elected from the same stream of education: Provided further that the
student representatives referred to under this clause shall not be permitted to
take part in any meeting of the Faculty Council in which, in the opinion of the
Executive Council, any of the minutes of any such meeting may prejudicially
affect the general interest of the students. (6) The Council for
Undergraduate Studies in Science, Technology, Home Science and Vocational
Studies shall consist of the following members. (i) the Vice-Chancellor Chairman; (ii) the Dean of the Faculty
Council for Post-graduate Studies in Science, Technology, Home Science and
Vocational Studies; (iii) the Principal or Principals
of the concerned affiliated colleges; (iv) not more than four teaches,
not belonging to the same Department, elected jointly by the teachers of such
affiliated colleges in such manner as may be provided by the Statutes; (v) two persons having special
knowledge in the subjects nominated by the Vice-Chancellor; (vi) two student representatives
pursuing Undergraduate studies in different streams of education in the
affiliated colleges of the University to be elected by such students from
amongst themselves in such manner as may be provided by the Statutes: Provided that no two-student
representative shall be elected from the same stream of education: Provided further that the
student representatives referred to under this clause shall not be permitted to
take part in any meeting of the Faculty Council in which, in the opinion of the
Executive Council, any of the minutes of any such meeting may prejudicially
affect the general interest of the students. (7) The Councils for other
Undergraduate Studies shall be constituted in the same manner provided in
sub-section (5) taking the Vice-Chancellor as Chairman and the Dean of
concerned Faculty Council for Post-graduate Studies and other relevant
representatives of the concerned Faculty councils for Undergraduate Studies. (8) Each Council for
Undergraduate Studies shall have a Secretary. The Secretary shall be a member
of the Council. (9) One-third of the total
number of members of a Council for Undergraduate Studies shall be a quorum for
a meeting of the Council. Subject to the provisions
of this Act, and the Statutes, the Ordinances and the Regulations, a Council
for Undergraduate Studies shall exercise the following powers and perform the following
duties. (i) to recommend to the
Executive Council the affiliation of a college or an institution in one or more
subjects; (ii) to ensure annual inspection
of college; (iii) to exercise general
supervision over the colleges to ensure that the conditions of affiliation are
properly fulfilled, the standard of teaching is uniformly maintained and
syllabi, as prescribed are properly completed within the academic year,
academic calendar is prepared and followed, duties and responsibilities as
provided for the Principal, teachers and other employees are properly carried
out; (iv) to fix the last date of
admission of students to different courses of studies and the date of
commencement of examinations in consultation with other Councils for
Undergraduate Studies; (v) to appoint Head Examiners,
Examiners, Paper-setters, Scrutinizers, Co-coordinators, Conveners, Tabulators
and other persons under the general supervision of the Executive Council; (vi) to hold and conduct
examinations and to approve and declare the results of the examinations within
such period as may be determined; (vii) to recommend to the
Executive Council the disaffiliation or withdrawal of affiliation of any
college in respect of any subject or subjects, if on receipt of written report
from a team of Inspectors, appointed by the University, the Council is of
opinion that proper standard of teaching is not properly fulfilled or the
results of the candidates sent up by the college for any examination are
unsatisfactory or the college has failed to comply with the directives of the
Council; (viii) to establish, maintain and
manage halls and hostels of undergraduate colleges; (ix) to recommend to the
Executive Council the temporary takeover of the management of an affiliated or
a recognised college or institution, other than a Government College, in order
to ensure that proper standards of teaching, training or instruction are
maintained therein; (x) to provide for the
inspection or investigation into the affairs of undergraduate colleges or
institutions recognised by the Council or affiliated to the University and to
exercise general supervision and control over them; (xi) to make due provision for
health, welfare, residence and discipline of students and their relationship
with the University and to provide for such training of students as may be
considered desirable; (xii) to recommend to the
Executive Council the dissolution of the Governing Body of an affiliated
college or institution, other than a Government College, and pending
reconstitution of the Governing Body, the appointment of an Administrator or
an ad hoc Governing Body; (xiii) to collect fees for
examination, condonation of short percentage for appearing at an examination as
non-collegiate student, mark-sheet, late admission, change of examination
centre, scrutiny of answer script, and change of name or surname, and any other
charge for registration and migration of students and grant of diplomas,
certificates or any other documents at such rate as may be determined by the
Executive Council; (xiv) to exercise supervision to
ensure that all properties and funds of the Council are properly controlled and
administered; (xv) to supply promptly such
information, returns, reports and other materials as may be required by the
University; (xvi) to extend facilities and
other assistance including exhibits of records, books of accounts, ledgers and
any other documents to officers deputed by the University for inspection; (xvii) to approve the Annual
report of the activities of the Council during the previous academic year and
submit the same to the Executive Council on or before such date as may be fixed
by the Executive Council; (xviii) to abide by, and implement
promptly, the decisions that may be arrived at by the University from time to
time in regard to the Council; (xix) to follow the guidelines
and the rules framed by the University from time to time; (xx) to have general
responsibility for academic affairs in relation to undergraduate studies with
which the Council is concerned; (xxi) to have general supervision
over the Board of Studies attached to the Council in accordance with the rules
framed for the purpose; (xxii) to maintain contact with
the corresponding Council for Post-graduate Studies for the purpose of sharing
ideas and ensuring co-ordination; (xxiii) to make rules and
regulations relating to courses of Uundergraduate studies, subject to the
approval of the Executive Council. (1) There shall be a Dean for
each and every Faculty Councils for Post-graduate Studies and the Councils for
Undergraduate Studies in the University who shall be appointed by the
Vice-Chancellor of the University on recommendation of the Selection Committee
duly constituted for this purpose. (2) The Selection Committee
shall be constituted by the State Government for each and every occasion of
selection of Dean of the University: Provided that every such
committee shall select Deans for all or any Faculty Councils for Post-graduate
Studies and Councils for Undergraduate Studies in the University. (3) The Selection Committee
shall consist of the following members. (a) nominee of the Chancellor,
who shall be the Vice-Chancellor of a State aided University other than the
concerned University and who shall be the Head of the Committee; (b) nominee of the State Government,
who shall be an eminent academician and who is not related with the concerned
University in any manner; (c) Nominee of the
Vice-Chancellor, who shall not be below the rank of a Professor of any other
University. (4) The Selection Committee
shall consider the names of eligible professors of that University for the post
of Dean and give proper weightages of academic excellence and adequate
experience in academic and administrative governance while preparing the panel
of two Professors in order of their preference for each and every Faculty
Councils for Post-graduate Studies and Councils for Undergraduate Studies: Provided that no person
shall be eligible for the post of Dean more than one term in his service tenure
in the same University. (5) The Registrar of the
University shall provide secretarial assistance to the Selection Committee for
preparing the panel and the Committee shall have power to call for any record
of the University relating to any Professor for the purpose of such selection. (6) The Selection Committee
shall finalize the panel within such time as may be directed by the State
Government, and immediately thereafter, the Committee shall send its
recommendations in writing to the State Government, along with reasoned record
of assessment of the persons so considered: Provided that the State
Government may, for reasons to be recorded in writing, extend the said period
of selection in case of exigencies. (7) The State Government shall
thereafter forward the panel to the Vice-Chancellor of the University for
appointment of Dean. (8) Every Dean appointed as per
provisions of this Act shall hold the office for three years or until he
retires or vacates his office for any other reasons: Provided that a Professor
shall only be eligible for empanelment for the post of Dean who has at least
three years of service left in his account before the age of superannuation. (9) The Vice-Chancellor shall,
in the event of any temporary vacancy of the office of Dean, select a senior
most Professor of that University according to the date of their joining in the
same University for a period not more than six months: Provided that such
selection of Dean on temporary vacancy shall be communicated forthwith to the
State Government for the purpose of re-constitution of Selection Committee. (10) Every Dean shall be the
Vice-Chairman of the respective Faculty Councils for Post-graduate Studies and
Council for Undergraduate Studies and shall have such powers and functions as
may be provided for by Regulations. (11) The Dean of every Faculty
Councils for Post Graduate Studies and Council for Undergraduate Studies may be
removed from his office for such reasons and in such manner as may be provided
for by Regulation. There shall be Boards of
Studies attached to every Faculty Council for Post-graduate Studies and Council
for Undergraduate Studies. The constitution of the Boards of Studies shall be
provided by Statutes and the powers and functions of the Boards shall be
provided by Regulations. There shall be a Finance
Committee with the Vice-Chancellor as the Chairman. The constitution, powers
and functions of the Finance Committee shall be provided by Statutes and its
procedure in financial matters, including the delegation of its powers, shall
be provided by Ordinances. (1) The teachers and other
academic staff of the University shall be appointed by the Vice-Chancellor, on
the recommendation of the Selection Committee, and the constitution of the
Selection Committee as well as the procedure for holding its meetings shall be
in consonance with the Recruitment Rules framed by the State Government from
time to time. (2) The nominee of the
Vice-Chancellor shall be the head of the Selection Committee, which shall send
its recommendations in writing to the Vice-Chancellor along with reasoned
record of assessment of the persons appeared before it for selection. (3) Notwithstanding anything
contained in sub-section (1), the Executive Council shall hold the powers of
punishment to any teachers of the University in prescribed manner. (1) At least five members,
including two outside subject experts, shall constitute the quorum for a
meeting of the Selection Committee. (2) If the Vice-Chancellor does
not accept the recommendation of a Selection Committee, it shall refer the
recommendation back to the Selection Committee with reasons for reconsideration
and if the Vice-Chancellor does not accept the reconsidered views of the
Selection Committee, the matter shall be referred to the Chancellor with
reasons and the decision of the Chancellor shall thereon be final. (1) Notwithstanding anything
contained in Section 35, and until the constitution of a Selection Committee
referred to therein, University teachers, other academic staff and officers
shall be appointed by the Harichand Guruchand University Council, referred to
in sub-section (1) of Section 64 on the recommendation of a Selection
Committee, constituted by the said Council in such manner as it thinks fit,
which shall include as its member at least one person, not holding any office
of profit under the University and having special knowledge in the subject for
which the teacher, other academic staff and the officer, as the case may be, is
related with, to be nominated by the Chancellor. (2) If the Harichand Guruchand
University Council does not accept the recommendation of the Selection
Committee, the provision of sub-section (2) of Section 35 shall
apply mutatis mutandis. (1) Every teacher, every
officer and every employee of the University shall, on appointment as such, be
provided with a letter of appointment containing such terms and conditions of
appointment and duties and responsibilities as may be provided by Ordinances. (2) A teacher or other academic
staff or an officer or an employee appointed against a permanent vacancy shall
be on probation ordinarily for a period of one year from the date of such
appointment and such period of probation may, at the discretion of the
appropriate authority of the University, be extended for a further period not
exceeding one year. (3) If, at any time during the
period of probation, the probationer's work is not considered satisfactory, the
probationer shall be discharged by the authority concerned together with one
month notice or one month's salary in lieu of notice: Provided that such
probationer shall be given with an opportunity of being heard before
discharging and the discharging letter should contain the detailed record of
assessment of the probationers work. (4) On satisfactory completion
of the period of probation, a teacher or other academic staff or an officer or
an employee, as the case may be, shall be confirmed with effect from the date
of his appointment on probation by an order in writing made by the University in
this behalf and the fact of such confirmation shall be communicated to the
person concerned: Provided that if, on
completion of the period of probation, no such order of confirmation is made
and communicated to the person concerned within a period of two months of the
completion of the period of probation, the person concerned shall be deemed to
have been confirmed with effect from the date of his appointment on probation: Provided further that if,
prior to the completion of the period of probation, a teacher or an officer or
an employee, as the case may be, desires to extend the period of probation, the
Executive Council may extend it further by any period depending on the
circumstances of the case. The services of a temporary
teacher or officer or employee shall not be terminated before the expiration of
the period for which he is appointed except after serving one month's notice or
paying him one month's salary in lieu thereof. The Executive Council may,
subject to the provisions of this Act, provide by Ordinances the constitution
of a standing committee or standing committees for selection of persons for
appointment to the posts of non-teaching posts of the University and the
procedure and the method of such selection. (1) If in the case of any
dispute between the University and any Teacher, Officer or employee of the
University, no final order has been passed within a period of one year from the
date on which the dispute was referred to the University by such Teacher,
Officer or employee, such dispute shall on the request of such Teacher, Officer
or employee, be referred to a Tribunal consisting of the following members,
namely. (i) a Chairman, to be nominated
by the Chancellor in consultation with the Minister; (ii) one person to be nominated
by the Executive Council; and (iii) one person to be nominated
by the Teacher, Officer or employee concerned. (2) An appeal from an employee
of the University in a disciplinary matter shall be referred to the Tribunal
and shall be decided and disposed of by the Tribunal. (3) The Tribunal may call for
any record, report or other information from the University if, in its opinion,
such record, report or other information is necessary for efficient discharge
of its functions, and the University shall furnish such record, report or other
information to the Tribunal. (4) Every request under
sub-section (1) shall be deemed to be a submission to arbitration upon the
terms of this section, within the meaning of the Arbitration and Conciliation
Act, 1996 (26 of 1996.) and all the provisions of that Act with the exception
of Section 2 thereof shall apply accordingly. Chapter
IV GENERAL
PROVISIONS GOVERNING ALL AUTHORITIES OR OTHER BODIES OF THE UNIVERSITY (1) No person shall be
qualified for election or nomination as a member of any authority or body of
the University or shall continue as such member if he, (i) is of unsound mind, or (ii) is an undischarged
insolvent, or (iii) has been convicted by a
court of law for an offence involving moral turpitude. (2) In case of any doubt or
dispute, the Chancellor's decision whether a person is disqualified under the
provisions of sub-section (1) shall be final. (3) No person shall be entitled
to stand as a candidate for election to any authority or body of the University
from more than one constituency. (4) No person shall be entitled
to be enrolled as a voter for, or to cast his vote at, an election to any
authority or body of the University from more than one constituency: Provided that this
sub-section shall not apply in the case of an election of members of the Court,
the Executive Council, the Faculty Councils for Post-graduate studies, and the
Councils for Undergraduate Studies. Notwithstanding anything
contained elsewhere in this Act, no person shall, (a) if he is a teacher, not
holding any whole-time substantive teaching post, or appointed for a specified
period, or (b) if he is a member of the
non-teaching staff, not appointed on a regular scale of pay, or not holding any
whole-time substantive non-teaching post, be entitled to be enrolled as a voter
for, or to cast his vote at, an election to any authority or body of the
University or of any college or institution affiliated to the University or to
be nominated to any such authority or body. Explanation. “Regular scale
of pay” shall mean pay which, subject to any condition prescribed by the
University, rises by periodical increment from a minimum to a maximum. (1) Save as otherwise provided
in sub-section (4), an elected or nominated member of any authority or body of
the University shall hold office for a period of four years from the date of
his election or nomination, as the case may be: Provided that in respect of
the first elections and nominations under this Act, the said period of four
years shall commence from the date of the first meeting of the authority or
body held after such elections and nominations. (2) The term of office of
members other than ex officio members of any authority or body of the
University shall be held to include any period which may elapse between the
expiry of the said term and the date of election of new members to such
authority or body to fill vacancies arising by efflux of time. (3) When elections are held on
more than one date, the last of such dates shall be taken to be the date of
election for the purposes of this section. (4) Any member elected or
nominated to fill a casual vacancy shall hold office for the unexpired portion
of the term of office of the member in whose seat he is so elected or
nominated. (1) When a person is qualified
to be a member of any authority or body of the University by virtue of his
membership of any other authority or body, he shall cease to be a member of the
authority or body of the University when he ceases to be a member of the other. (2) When a person is elected or
nominated as a member of any authority or body of the University from any
constituency, he shall cease to be such a member when he ceases to belong to
that constituency. (1) Any casual vacancy among
the elected members of any authority or body of the University shall be filled,
in such manner and within such time as may be provided, by election by such
authority or body of a person representing the interest which the member, whose
seat has become vacant, represented. (2) Any vacancy among the
nominated members of any authority or body of the University shall be filled,
within such time as may be provided, by nomination by the person or authority
that nominated the member whose seat has become vacant. (3) Vacancies arising by efflux
of time in the seats of elected members of any authority or body of the
University shall be filled by election to be held on such date or dates, not
later than six months or such extended period as the Chancellor may, by order
made in this behalf, specify, from the date on which the vacancies arise, as
the Vice-Chancellor may fix. No act or proceedings of
the University or of any authority or body of the University shall be deemed to
be invalid merely by reason of the existence of a vacancy or vacancies among
its members or the invalidity of the election of any of the members. Explanation. For the
avoidance of doubt, it is hereby declared that where the office of any member
of any authority or body of the University cannot be filled up, when such
authority or body is constituted for the first time, on account of any election
or appointment not being for any reason feasible, there shall be deemed to be a
vacancy in the office of such member until such election takes place or such
appointment is made. (1) There shall be an Election
Tribunal to which shall be referred any question as to whether any person is
eligible under this Act for election or nomination or has been duly elected or
nominated, or is entitled to be, a member of any authority or body of the
University, and the decision of the Election Tribunal on such question shall be
final. (2) The constitution of the
Election Tribunal shall be such as may be prescribed. (3) If, during the progress of
any election of members to any authority or body of the University, the
Election Tribunal is satisfied that such election is vitiated by fraud or
corrupt practice, the Election Tribunal may make an order annulling the
proceedings in respect of such election or any part thereof and direct fresh
proceedings to be started, in accordance with the provisions of this Act and
the Statutes, the Ordinances and the Regulations, from such stage as may be
specified in the order and such order of the Election Tribunal shall be final. At a meeting of the Court,
the Executive Council, the Faculty Councils for Post-graduate Studies, the
Councils for Undergraduate Studies or any other authority or body of the
University, the person presiding at the meeting shall not vote in the first
instance, but shall have and exercise a casting vote in the case of an equality
of votes. Chapter
V FUNDS
OF THE UNIVERSITY, ACCOUNTS, AUDIT AND INSPECTION The University shall have a
fund to be known as the University Fund to which shall be credited all its
income from fees, fines, contributions, donations, loans and advances and from
any other source whatsoever. The University may also create, by Ordinances made
in this behalf, separate special funds for the administration of Students'
Welfare, Endowments, Donations and Gifts, Trust or specific grants or grants
for other special purposes. (1) The budget of the
University showing the receipt and expenditure of the University on different
accounts shall be submitted to the State Government at least three months
before the end of the financial year for approval. (2) The State Government, may
from time to time, release grants to the University to incur expenditure till
the budget is approved. (3) Notwithstanding anything to
the contrary contained in this Act, the University shall not, except with the
prior approval of the State Government, incur any expenditure on any amount in
excess of amount specified in the budget on that account. Any provident fund
instituted by the University for the benefit of its teachers, officers, or
employees shall be governed by the provisions of Provident Funds Act, 1925 (19
of 1925.), as if such funds are Government Provident Fund and the Executive
Council shall have power to frame Ordinances, not inconsistent with the
provisions of that Act, for the administration of the fund and such Provident
Fund shall be maintained in Government Treasury. (1) The Annual Statement of
Accounts shall, after examination by the Executive Council, be subjected to
such audit as the State Government may direct. (2) Such Annual Statement of
Accounts shall, together with copies of the audit report thereon, be submitted
to the Court and to the State Government and shall thereupon be published by
the Court. (3) The University shall have a
continuous internal audit, and the report of such audit shall be submitted to
the State Government as soon as possible after the end of every financial year. (4) The State Government may
require the University to supply to it any information in regard to the
accounts and the budget and the University shall comply with such requisition. (1) The State Government shall
have the right. (a) to cause an inspection to
be made, by such person or persons as it may direct, (i) of the University, its
buildings, laboratories, libraries, museums, press establishment, workshops and
equipment, (ii) of any college or
institution maintained by or affiliated to the University, and (iii) into all affairs of the
University and of such college or institution including examination and other
work conducted or done by the University or such college or institution; and (b) to cause an enquiry to be
made into the income, expenditure, properties, assets and liabilities of the
University and of any college or institution maintained by or affiliated to the
University. (2) The State Government shall,
in every such case of inspection or enquiry, give previous notice to the
University or to such college or institution, as the case may be, of its
intention to cause such inspection or enquiry. (3) The State Government shall
communicate to the Court and the Executive Council or to such college or
institution, as the case may be, its views on the results of such inspection or
enquiry and may, after considering the opinion of the Court and the Executive
Council or of such college or institution thereon, advise the University or
such college or institution regarding the action which the State Government
considers fit to be taken by the University or by such college or institution
in the matters concerned and the University or such college or institution
shall report to the State Government, within such time as the State Government
may direct, the action which is proposed to be taken or has been taken by the
University or by such college or institution to give effect to such advice of
the State Government. (4) The State Government may,
after considering the report referred to in sub-section (3), advise the
University or such college or institution, to take such further action in the
matters concerned, as may, in the opinion of the State Government, be
necessary, and the University or such college or institution shall take or
cause to be taken such further action within such time, as may be specified in
that behalf by the State Government. Chapter
VI STATUTES,
ORDINANCES AND REGULATIONS STATUTES Subject to the provisions of
this Act, Statutes may be made to provide for all or any of the following
matters. (a) the declaration of posts as
posts of officers of the University referred to in clause (10) of Section 9; (b) the establishment of
authorities of the University referred to in clause (7) in Section 21; (c) the powers, duties and
terms and conditions of service of the officers of the University in so far as
these have not been specifically provided for in this Act; (d) the constitution, powers
and duties of the authorities of the University in so far as these have not
been specifically provided for in this Act; (e) the rules and procedure for
holding elections to the Court, the Executive Council and other authorities and
bodies of the University; (f) the terms and conditions of
affiliation or recognition of colleges or institutions, including terms and
conditions for continuance of such affiliation or recognition and rules for
disaffiliation or withdrawal of recognition of such colleges or institutions; (g) the terms and conditions of
recognition of colleges as professional colleges or autonomous colleges; (h) the constitution, powers
and functions of the Governing Bodies of colleges, other than Government
Colleges; (i) the terms and conditions of
service and the minimum emoluments for posts of Principals, Teachers and such
other employees as the University may deem fit, of all affiliated colleges,
other than Government Colleges, their duties and responsibilities and
disciplinary actions for negligence or violations thereof in conformity with the
rules framed by the State Government; (j) the rules of Provident
Funds for Teachers of colleges, other than Government Colleges; (k) the holding of convocations
to confer degrees, titles, diplomas, certificates and other academic
distinctions, including honorary degrees and distinctions; (l) the conditions for the
registration of graduates of the University and for the maintenance of a
register for registered graduates; (m) all other matters which
under this Act are required to be or may be provided by Statutes. (1) The Executive Council may
of its own motion, and shall, when required by the Court, make a draft of any
Statute and submit the same to the Court. The draft so submitted shall be
considered by the Court at a meeting or meeting to be held within a period of
six weeks from the date of such submission (hereinafter referred to as the said
period), and the draft so submitted shall, unless rejected or amended by the
Court before the expiry of the said period by a majority of the total number of
its members existing at the time, be deemed to have been passed by the Court.
If the Court so rejects or amends the draft of any Statute, it shall be sent
back to the Executive Council with the views of the Court for consideration.
Thereupon, the Executive Council shall reconsider the draft and resubmit it to
the Court with such changes as it may deem necessary. On such resubmission of
the draft, it shall again be considered by the Court at a meeting to be held
within a period of six weeks from the date of such submission (hereinafter
referred to as the latter period) and the draft so resubmitted shall, unless
rejected by the Court before the expiry of the latter period by a majority of
the total number of its members existing at that time, be deemed to have been
passed by the Court without any amendment, or be passed by the Court with such
amendments as it may deem fit to make therein within the latter period and by
the same majority as aforesaid. (2) A Statute, passed in the
manner provided in sub-section (1), shall be presented to the Chancellor for
assent and shall come into force on being assented to by the Chancellor in
consultation with the Minister. (3) A Statute shall remain in
force until repealed or amended by a new Statute similarly passed and assented
to by the Chancellor. Subject to the provisions
of this Act and the Statutes, Ordinances may be made to provide for all or any
of the following matters. (a) the admission of students
to the University and the colleges affiliated to or recognized by it and their
enrolment as such; (b) the levy or fees in
University Colleges and in University Laboratories; (c) the conditions of residence
and rules of discipline of the students of the University, including students
of the colleges affiliated to or recognised by it, and the levy of fees for
residence in halls; (d) the appointment of
Teachers, officers and employees of the University, their emoluments, their
duties and other terms and conditions of their service, in so far as these have
not been specifically provided for in this Act or in the Statutes; (e) rules for the institution
of Provident Fund or other funds for the benefit of the teachers, officers and
employees of the University; (f) rules for the
establishment, maintenance and management of University Libraries, University
Museums, halls and other University institutions, for study, research and
residence; (g) rules for the recognition
of libraries, laboratories, museums, hostels, and institutions for study,
research and residence, other than those established, maintained and managed by
the University; (h) rules for the taking over
of the management of an affiliated or a recognised college or institution,
other than a Government college or institution, in order to ensure that proper
standards of teaching, training and instruction are maintained therein; (i) rules for the exercise of
general supervision and control over affiliated or recognized colleges or
institutions and for the giving of financial aid to them; (j) rules for the inspection or
investigation into the affairs of Colleges or other institutions, affiliated to
or recognized by the University, to ensure that proper standards of teaching,
training and research are maintained therein; (k) rules for the imposition
and collection of fees, fines and other dues payable to the University; (l) the duties and functions of
the Teachers of the University including the Heads of Departments; (m) rules for the registration
of students; (n) the appointment, duties and
remuneration of examiners; (o) rules for the administration
of gifts, endowments and benefactions, and for the institution and award of
fellowships, travelling fellowships, scholarships, studentships, stipends,
bursaries, exhibitions, medals and prizes; (p) rules and procedure for
accepting grants and for raising or accepting loans other than loans from the
Central or any State Government or the University Grants Commission; (q) all other matters which
under this Act or the Statutes are required to be or may be provided by
Ordinances. (1) The Executive Council shall
take into consideration drafts of Ordinances proposed to be passed, after
notice thereof has been given to the members of the Executive Council at least
three weeks in advance of the date fixed for consideration of the same by the
Executive Council. The Vice-Chancellor may direct a shorter notice in a matter
which in his opinion is of an emergent nature. (2) An Ordinance shall be
deemed to be passed by the Executive Council if it is agreed to by a majority
of the total number of members of the Executive Council existing at the time. (3) An Ordinance passed by the
Executive Council in the mariner provided hereinbefore in this section shall be
submitted to the Chancellor for assent and shall come into force on being
assented to by the Chancellor and shall be reported to the Court at its next
succeeding meeting. (4) The Chancellor may direct
that the operation of any Ordinance shall be suspended until such time as the
Court has had an opportunity of considering the same. (5) An Ordinance shall, unless
cancelled or modified by the Chancellor, remain in force until repealed or
amended by a new Ordinance similarly passed and brought into force. Subject to the provisions
of this Act and the Statutes and the Ordinances, Regulations may be made to
provide for all or any of the following matters. (a) the powers and functions of
the Boards of Studies; (b) the functions and duties of
Teachers' Councils in Universities and in colleges and institutions other than
Government Colleges and institutions; (c) the conditions for
admission to the different courses of study and examinations of students; (d) the rules for the conduct
of University examinations; (e) the courses of study and
the division of subjects upon the recommendations of the Faculty Council for
Post-graduate Studies or the Council for Undergraduate Studies concerned; (f) the minimum qualifications
for Teachers of the University as per guidelines of the University Grants
Commission or any other appropriate authority; (g) all other matters which
under this Act or the Statutes or the Ordinances are required to be or may be
provided by Regulations. (1) The Executive Council or a
Committee appointed by it shall take into consideration drafts of Regulations,
consistent with this Act and the Statutes and the Ordinances after notice of
the proposed Regulations has been given to the members of the Executive Council
at least three weeks in advance of the date fixed for consideration of the same
by the Executive Council or the Committee appointed by it. The Vice-Chancellor
may direct a shorter notice in a matter which in his opinion is of an emergent
nature. (2) A Regulation shall be
deemed to be passed by the Executive Council if it is agreed to at a meeting of
the Executive Council by a majority of the total number of members of the
Executive Council existing at the time. A Regulation shall come into force
immediately on being passed unless otherwise directed by the Chancellor. (3) The Court shall have the power,
by a resolution passed by a majority of its total number of members existing at
the time, to cancel or modify any Regulation. (4) A Regulation shall, unless
cancelled or modified by the Court under sub-section (3), remain in force until
repealed or amended by a new Regulation similarly passed and brought into
force. (1) The State Government may
make rales for the purpose of carrying out any of the provisions of this Act. (2) Every rales made under this
section shall, as soon they are made, be laid down before the State Legislature
while it is in session. Chapter
VII MISCELLANEOUS
AND TRANSITORY PROVISIONS (1) The Vice-Chancellor or,
with the approval of the Vice-Chancellor, the Registrar, may, subject to the
provisions of this Act, delegate such of his powers or duties conferred or
imposed by or under this Act as may be provided by the Statutes to an officer
of the University under his direct administrative control. (2) Subject to the provisions
of this Act. (a) the Court may delegate any
of its powers or duties, conferred or imposed by or under this Act, to. (i) the Vice-Chancellor, or (ii) the Executive Council, or (iii) a committee constituted
from among its own members, or (iv) a committee appointed in
accordance with the Statutes; (b) the Executive Council may
delegate any of its powers or duties, conferred or imposed by or under this
Act, to (i) the Vice-Chancellor, or (ii) a committee constituted
from among its own members, or (iii) a committee constituted in
accordance with the Statutes or the Ordinances, or (iv) any of the Faculty Councils
for Post-graduate Studies or Councils for Undergraduate Studies, or (v) the Finance Committee; (c) the Faculty Council for
Post-graduate Studies or the Council for Undergraduate Studies may delegate any
of its powers or duties, conferred or imposed by or under this Act, to (i) the Vice-Chancellor, or (ii) a committee constituted
from among its own members, or (iii) a committee constituted in
accordance with the Regulations, or (iv) any of the Board of
Studies; (d) the Finance committee may
delegate any of its powers or duties, conferred or imposed by or under this
Act, to (i) the Vice-Chancellor, or (ii) a committee constituted
from among its own members. Notwithstanding anything
contained in this Act, the Statues, the Ordinances and the Regulations, any
student of a college affiliated formerly to any other University, who was
studying for any examination of such other University, shall upon admission of
such college to the privileges of the University, be permitted to complete his
course in preparation thereof and appear for examinations conducted by the
former University or the University shall hold, for such students, examinations
in accordance with the curricula of study in force in the former University for
such period as may be determined. (1) The Chancellor shall
appoint a person to be the Vice-Chancellor under sub-section (4) of Section 64,
and he shall be the first Vice-Chancellor of the University and shall hold
office for such period as may be determined by the Chancellor in consultation
with the Minister, from time to time, or his attaining of sixty-five years,
whichever is earlier. The first Vice-Chancellor shall exercise all the powers
and perform all the duties of the Vice-Chancellor under this Act. (2) The first Vice-Chancellor
shall, with the approval of the Chancellor and with the assistance of a
committee consisting of not less than nine members nominated by the State
Government, cause the first Statutes, the first Ordinances and the first
Regulations of the University to be framed. (3) The first Vice-Chancellor
shall within one year from the date of his appointment or within such longer period,
not exceeding two years from the date of his appointment, as the State
Government may direct, cause arrangements to be made for constituting the
Court, the Executive Council, the Faculty Council for Post-graduate Studies,
the Councils for Undergraduate Studies and the Boards of Studies in accordance
with the provisions of the first Statutes, the first Ordinances and the first
Regulations of the University as framed under sub-section (2), as if they had
already come into force. (4) If, for any reason, (a) the constitution of the
Court, the Executive Council and other bodies referred to in sub-section (3)
cannot be completed within the period of office of the first Vice-Chancellor
appointed under sub-section (1), then on the expiry of such period, the Chancellor
may in consultation with the Minister, on such terms and conditions as he
thinks fit, appoint the first Vice-Chancellor whose period of office has
expired or another person to be the Vice-Chancellor for the purpose of this
section for such period not exceeding two years or his attaining of sixty-five
years, whichever is earlier, as the Chancellor thinks fit, or (b) a vacancy occurs in the
office of the first Vice-Chancellor before the expiry of the period of his
office, then, the Chancellor may, in consultation with the Minister, on such
terms and conditions as he thinks fit, appoint another person to be the
Vice-Chancellor for the purposes of this section for the unexpired portion of
such period or such further period not exceeding three years or his attaining
of sixty-five years, whichever is earlier, as the Chancellor thinks fit, and
references in this Act to the first Vice-Chancellor shall be deemed to include
references to the Vice-Chancellor appointed under this sub-section. (5) The State Government shall,
by notification in the Official Gazette, appoint a date and on and from
such date the Court, the Executive Council, the Faculty Councils for
Post-graduate Studies, the Councils for Undergraduate Studies and the Boards of
Studies shall commence to exercise their respective functions and the first
Statutes, the first Ordinances and the first Regulations of the University as
framed under sub-section (2) shall come into force and shall be the first
Statutes, the first Ordinances and the first Regulations of the University. (6) The first Statutes, the
first Ordinances and the first Regulations of the University shall remain in
force until new Statutes, new Ordinances and new Regulations are made under the
provisions of this Act. (7) The first Vice-Chancellor
may subject to the approval of the Chancellor, appoint such administrative,
clerical and other staff as he deems necessary for giving effect to the
provisions of this section. (8) On and from the appointed
day. (a) Section 64 shall stand
repealed and thereupon the Harichand Guruchand University Council referred in
sub-section (1) of the said section, and all bodies and all committees
constituted by the said Council, shall stand dissolved; (b) all colleges and
institutions of whatever kind established, maintained or managed by any other
University and affiliated to or recognised by the University prior to the
appointed day shall be deemed to be colleges or institutions established,
maintained or managed by the University under this Act; (c) all affairs, functions or
activities of the University, including studies and examinations, commenced and
in progress before the appointed day, shall be deemed to be in progress as if
they had been commenced by the University under this Act; (d) all things done or deemed
to have been done, and all actions taken or deemed to have been taken and all
appointments made in relation to any college or institution referred to in
clause (b) or under any law in force for the time being, shall be deemed to be
things done or actions taken or appointments made by the University under this
Act as if this Act had been in force when such things were done or actions
taken or such appointments made, provided that until the appointed day
references to the Vice-Chancellor under any such law shall be deemed to be
references to the first Vice-Chancellor under this Act. (9) In construing the
provisions of this Act and in construing the provisions of the first Statutes,
the first Ordinances and the Regulations of the University in relation to the
constitution, under this section, of the Court, the Executive Council, the
Faculty Councils for Post-graduate Studies, the Councils for Undergraduate
Studies and the Boards of Studies, references to the Heads of Departments of
teaching of the University, the University Professors, University Associate
Professors, University Assistant Professors, and teachers of the University
shall be deemed to be references to the persons holding offices respectively as
the Heads of teaching Departments, Professors, Associate Professors, Assistant
Professors and teachers of the University, if any, immediately before the date
of appointment of the first Vice-Chancellor. (10) The provisions of the
section shall have effect notwithstanding anything to the contrary contained
elsewhere in this Act or in any other law. (1) With effect from such date
as the State Government may, by notification in the Official Gazette,
appoint, and until the appointed day all the powers and functions of the
University, the Court, the Executive Council, the Faculty Councils for Post-graduate
Studies, the Councils for Undergraduate Studies, the Boards of Studies, the
Finance Committee and all other authorities to be constituted under this Act or
the Statutes or the Ordinances shall, respectively, be exercised and performed
by a Council to be known as the Harichand Guruchand University Council. (2) The following shall be the
members of the Council. (a) the Chancellor; (b) the Vice-Chancellor; (c) 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; (d) the Secretary, Finance
Department, Government of West Bengal or his nominee not below the rank of
Joint Secretary to the Government of West Bengal; (e) Member Secretary, West
Bengal State Council of Higher Education; (f) the President, West Bengal
Council of Higher Secondary Education; (g) not less than ten and not
more than fifteen persons nominated by the Chancellor in consultation with the
Minister from amongst the persons interested in education. (3) The Registrar of the University
shall act as the Secretary of the Council. (4) The first Vice-Chancellor
shall be appointed by the Chancellor in consultation with the Minister on the
basis of recommendation made by a Search Committee comprising three eminent
educationists constituted for this purpose by the State Government. (5) The first Registrar, the
first Finance Officer and such other officers of the University (including
technical personnel) as may be required to be appointed from time to time shall
be appointed by the Council on the recommendation of a committee consisting of
the Vice-Chancellor as Chairman, a nominee of the Council, a nominee of the
Chancellor and two nominees of the State Government, and subject to the
supervision, direction and general control of the Vice-Chancellor, they shall
exercise all the powers and perform all the duties conferred and imposed on
them by or under this Act, or delegated to them by the Vice-Chancellor. (6) The Council may, subject to
the approval of the State Government, appoint such administrative, clerical and
other staff, including technical staff as it deems necessary for giving effect
to the provisions of this section. (7) The Council may, with the
approval of the Chancellor, delegate any of its powers and functions to such
body or bodies as may be constituted by it to carry on the functions of the
Court, the Executive Council, the Faculty Councils for Post-graduate Studies,
the Councils for Undergraduate Studies, the Boards of Studies, the Finance
Committee and all other authorities to be constituted under this Act or the
Statutes or the Ordinances: Provided that such
delegation shall not prevent the exercise of any such power or discharge of any
such functions by the Council. (8) (i) The Chancellor, or in
his absence the Vice-Chancellor, shall preside at the meetings of the Council; (ii)
twenty-five percent of the members of the Council shall be a quorum
for a meeting of the Council; (iii)
twenty-five percent of the members of any Body or authority
constituted by the Council shall be a quorum for a meeting of such body. (9) No act or proceeding of the
Council or of any Body or authority constituted by it shall be invalid or
called in question by reason of the existence of any vacancy, initial or
subsequent, in the Council or in any body constituted by the Council, as the
case may be. (10) The other provisions of
this Act shall, if in conflict with the provisions of this section, stand
modified to the extent provided in this section: Provided that nothing in
this sub-section shall affect the power of the Chancellor or the
Vice-Chancellor under this Act. (11) If a vacancy occurs in the
office of the Vice-Chancellor by reason of death, resignation or expiry of his
office or otherwise, the same shall be filled up by the Chancellor in
consultation with the Minister. (12) Any vacancy in the Council
occurring by reason of death, resignation or otherwise shall be filled up by
the Chancellor in consultation with the Minister and the Vice-Chancellor, in so
far as such filling up is not inconsistent with the provisions of this section. (13) If, by any reason, any
difficulty arises in giving effect to the provisions of this section, the
Council shall refer such difficulty to the State Government which may make such
order or do such thing, not inconsistent with the provisions of this section,
as appears to it to be necessary or expedient for removing the difficulty. The State Government shall
have powers to give directions to the University for any purpose not
inconsistent to the provisions of this Act, which the University shall comply. If on account of any lacuna
or omission in the provisions of this Act, or for any other reason whatsoever,
any difficulty arises as to the first constitutions of any authority or the
University under this Act, or otherwise in giving effect to the provision of
this Act, the State Government, as occasion may require, may by order do
anything which appears to it to be necessary for the purpose of removing the
difficulty consistent with the provision in this Act. [1] Assent of the
Governor was first published in the Kolkata Gazette, Extraordinary, of the 2nd
January, 2019.Harichand Guruchand University Act, 2018[1]