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KALYANI UNIVERSITY ACT, 1960 [Repealed]

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KALYANI UNIVERSITY ACT, 1960 [Repealed]

Preamble - KALYANI UNIVERSITY ACT, 1960

THE KALYANI UNIVERSITY ACT, 1960

[Repealed by West Bengal Act 40 of 1981, S. 55(9) (w.e.f. 22-12-1981)]

[Act No. 13 of 1960]

[22nd June, 1960]

PREAMBLE

An Act in establish and incorporate a University at Kalyani in West Bengal.

Whereas it is expedient to establish and incorporate a University at Kalyani in the State of West Bengal for providing facilities for the study of humanities and sciences generally, and agricultural, veterinary and the allied sciences in particular, and for conducting researches in those sciences for the benefit of the rural and other areas in the State of West Bengal;

It is hereby enacted in the Eleventh Tear of the Republic of India, by the Legislature of West Bengal, as follows:-

Section 1 - Short title and commencement

(1) This Act may be called the Kalyani University Act, 1960.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Section 2 - Definitions

In this Act, unless the context requires otherwise,-

(a) "agriculture" includes the basic and applied sciences relating to crop and livestock production, soil and water management and all matters connected therewith or incidental thereto;

(b) "college" means a constituent college which has been established or recognized as such by the University under this Act;

(d) "prescribed" means prescribed by Statutes, Ordinances, Regulations or Rules made under this Act;

(e) "Principal" means the head of a college by whatever designation he may be described;

(f) "Statutes", "Ordinances", "Regulations" and "Rules" mean respectively the Statutes, Ordinances, Regulations and Rules made under this Act;

(g) "Teacher" means a person appointed as such by the University or a college, either whole time or part time, for the purpose of imparting instruction or conducting and guiding research or experimental work and includes a professor, assistant professor, reader, lecturer and any other person holding a teaching post and also a person who may be declared by the Statutes to be a Teacher;

(h) "University" means the University of Kalyani constituted under this Act; and

(i) "year" means a period of twelve months beginning on the first day of June.

Section 3 - The University

(1) The first members of the University referred to in sub-section (3) of section 8 and all other persons who may hereafter become members of the University shall, so long as they continue to be members, constitute a body corporate by the name of the University of Kalyani.

(2) The University shall have perpetual succession and a common seal and shall sue and be sued in the name of the University of Kalyani.

Section 4 - Powers of the University

Subject to the provisions of this Act, the University shall have the following powers, namely:-

(1) to provide for instruction and training in humanities and sciences generally, and the agricultural, veterinary and allied sciences in particular and to make provisions for research and for the advancement and dissemination of knowledge;

(2) to establish or maintain experimental stations or demonstration farms in any place within or beyond the limits referred to in sub-section (7) of section 5, and to take over the management of experimental stations or demonstration farms within such limits, for the purpose of carrying on research and experiments in agricultural, veterinary and allied sciences;

(3) to undertake the execution of programmes in extension of the prescribed courses of study or research or, generally, in furtherance of the purposes of this Act and to take such measures as the University may think fit for the dissemination of theoretical or practical knowledge gained from research and experiments for the benefit of the rural and other areas in West Bengal;

(4) to establish, maintain, manage or recognize colleges, libraries, museums and such other institutions as it may consider fit;

(5) to recognize any agricultural school in the State of West Bengal and to withdraw such recognition;

(6) to institute degrees, titles, diplomas, certificates and other academic distinctions;

(7) to hold examinations and to confer degrees, titles, diplomas, certificates and other academic distinctions on persons who-

(a) shall, unless exempted therefrom in such manner as may be prescribed by Statutes, have pursued in the University, a college or a recognized agricultural school such courses of study and shall have passed such examinations of the University as may be prescribed by Ordinances, or,

(b) shall have carried on research under such conditions as may be prescribed by Ordinances;

(8) to confer honorary degrees or other academic distinctions under such conditions as may be prescribed;

(9) to co-operate with other Universities and authorities in such manner and for such purposes as the University may determine;

(10) to institute, and make appointments to, Teacherships, including professorships, assistant professorships, readerships, lecturerships, and other teaching posts;

(11) to institute and award fellowships, scholarships, exhibitions, prizes, medals and other honours and distinctions;

(12) to prescribe, demand and receive fees, fines and other charges;

(13) to establish, maintain and manage hostels and other places of residence for the students of the University, colleges and other institutions, to recognize such hostels and other places and to withdraw recognition therefrom;

(14) to provide for the supervision and control of the residence and discipline of the students of the University, colleges, recognized agricultural schools and other institutions and to make arrangements for promotion of their health and general welfare;

(15) to define the powers and duties of the officers of the University other than the Chancellor and the Vice-Chancellor;

(16) to provide for the inspection, or investigation into the affairs, of any college or other institution or any agricultural school referred to in clauses (4) and (6);

(17) to create such administrative, ministerial or other posts under the University as it may deem fit, including posts in connection with the execution of extension and other programmes, undertaken in furtherance of the purposes of this Act and to make appointments thereto;

(18) to receive grants, donations, endowment and bequests and to raise loans;

(19) to make giants and advances;

(20) to enter into contracts;

(21) to acquire, hold and dispose of property, movable or immovable, for furthering any of the objects of the University;

(22) to make grants for (he maintenance of the National Cadet Corps; and

(23) to do all other acts and things whether incidental to the powers aforesaid or not, as may be necessary for furthering the objects of the University.

Section 5 - Limits of territorial exercise of powers

(1) Save as otherwise provided in this Act, the powers of the University conferred by or under this Act shall not extend beyond the local limits of the police-stations specified below that is to say-

Police-stations Chakdah and Haringhata in the district of Nadia and police-station Bijpur in the district of 24-Parganas.

Explanation.-For the purposes of this sub-section ''the local limits of a police-station" shall mean the local limits thereof in accordance with a notification or notifications issued under clause (s) of sub-section (1) of section 4 of the Code of Criminal Procedure. 1898 (Act V of 1898.), and in force on the date of commencement of this Act.

(2) No other University shall have jurisdiction to recognise or grant affiliation to any college within the aforesaid limits.

(3) Any college situated within the aforesaid limits shall unless exempted by the State Government by an order made in this behalf cease to be recognised by or affiliated to any other University and shall be deemed to be a constituent college recognised by the University.

Section 6 - Prohibition as to discrimination on grounds of religion, race, caste, sex, place of birth or language

(1) The University shall not discriminate against any person on grounds only of religion, race, caste, sex, place of birth, language or any of them with regard to-

(a) admission as a Teacher or student; or

(b) the holding of any office; or

(d) the exercise or enjoyment of any power or privilege.

(2) Nothing in this section shall prevent the University from accepting any benefaction the terms whereof are contrary to the provisions of this section or from acting in accordance with such terms or the terms of any other similar benefaction which has been or may be accepted by any college or other educational institution established maintained or managed by the University.

Section 7 - Subordinate authorities and delegation of powers to them

(1) The University may constitute an Executive Council, an Academic Council, and such Faculties Departments, Committees, Boards, Councils, and other authority or authorities as it may deem fit and shall prescribe the powers and duties of every such subordinate authority when it is constituted.

(2) The University may delegate such of its powers as it may deem expedient to any of the subordinate authorities constituted by it under sub-section (7) or to any of its officers, and may. at any time, withdraw, at its discretion, any power so delegated.

Section 8 - Members of the University and their terms of office

(1) The following persons shall be the members of the University:-

i. the Chancellor, ex-officio;

ii. the Vice-Chancellor, ex-officio;

iii. the Secretary, Department of Education, Government of West Bengal, ex-officio;

iv. the Secretary, Department of Finance, Government of West Bengal, ex-officio;

v. the Secretary, Department of Agriculture and Food Production, Government of West Bengal, ex-officio;

vi. the Secretary, Department of Animal Husbandry and Veterinary Services, Government of West Bengal, ex-officio;

vii. a representative of the Indian Council of Agricultural Research to be nominated by that Council;

viii. the Principals of the colleges, ex-officio;

ix. the President, Board of Secondary Education, West Bengal, ex-officio;

x. two persons to be elected by the Teachers, not being Principals, of colleges from amongst themselves in accordance with the provisions made by Statutes in this behalf; and

xi. five persons to be nominated by the Chancellor at least two of whom shall have special knowledge in the field of agricultural, veterinary or allied sciences.

(2) (2) A member of the University other than an ex-officio member shall hold office for a period of two years from the date on which he is elected or nominated:

Provided that a member elected in accordance with the provisions of clause (x) of sub-section (1) shall cease to hold office as such as soon as he ceases to hold office as the Teacher of a college.

(3) The persons referred to in clauses (i) to (vi) and (ix) of sub-section (1) shall be the first members of the University.

(4) As soon as may be after the University has been first established, it shall take all necessary steps to enable the persons referred to in clauses (vii). (x) and (xi) of sub-section (7) to join as members of the University.

Section 9 - Register of Teachers

The University shall maintain and keep up to date in such manner as may be prescribed by Statutes a register of the names of the Teachers, not being Principals, of all the colleges.

Section 10 - Disqualification for membership

(1) No person shall be qualified to be nominated or elected as a member of the University if at the time of his nomination or election he-

(a) has been declared by a competent court to be of unsound mind; or

(b) is an undischarged insolvent; or

(2) If any member incurs any of the disqualifications enumerated in sub-section (1) after the date of his nomination or election or if the Chancellor is satisfied that any member had been suffering from any such disqualification at the time of his entering upon office as such member, he shall be removed from his office as a member of the University by the Chancellor.

Section 11 - Casual vacancies

(1) If a casual vacancy arises by reason of any member referred to in clause (xi) of sub-section (1) of section 8 having-

(a) refused to serve as a member, or

(b) died, or

(d) been removed from his office as a member under sub-section (2) of section 10, the Chancellor shall nominate a person with the requisite qualifications to fill the vacancy,

(2) If a casual vacancy arises in the seat of the member nominated under clause (vii) of sub-section (1) of section 8 for any of the reasons referred to in sub-section (1), such vacancy shall be filled by another person to be nominated by the Indian Council of Agricultural Research.

(3) A person nominated in accordance with sub-section (1) or sub-section (2) to fill a casual vacancy shall hold office as a member for a period of two years from the date of his nomination as a member.

(4) If a casual vacancy arises in the seat of any member elected under clause (x) of sub-section (1) of section 8 for any of the reasons referred to in sub-section (1) or for the reason that such member has ceased to hold office as a member under the proviso to sub-section (2) of section 8, such vacancy shall be filled by a person having the requisite qualifications to be elected by the body and in the manner referred to in clause (x) of sub-section (1) of section 8.

(5) Any person elected under sub-section (4) to fill a casual vacancy shall, subject to the provisions of the proviso to sub-section (2) of section 8, hold office as a member for the unexpired period of the term of office of the member in whose place he is so elected.

Section 12 - Safeguard against invalidation of acts or proceedings of the University

No act or proceedings of the University or any subordinate authority of the University shall be called in question or invalidated merely by reason of the existence of a vacancy or vacancies amongst its members, or of any member not having been duly nominated or elected or having become disqualified.

Section 13 - Officers of the University

The following shall he the officers of the University:-

i. the Chancellor,

ii. the Vice-Chancellor,

iii. the Finance Officer,

iv. the Registrar, and

v. such other persons in the service of the University as the University may declare to be officers of the University.

Section 14 - The Chancellor

The Governor of the State of West Bengal shall be the ex-officio Chancellor of the University, and shall, when present, preside at meetings of the University including any convocation of the University.

Section 15 - The Vice-Chancellor

(1) The Vice-Chancellor of the University shall be appointed by the Chancellor in consultation with the Minister. He shall be paid front the University Fund such Salary and emoluments as the Chancellor may decide and shall hold office for four years.

(2) If 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, the University may, subject to the approval of the Chancellor, appoint one of its members to exercise the powers and perform the duties of the Vice-Chancellor.

(3) If a vacancy occurs in the office of the Vice-Chancellor by reason of his resignation or death or the expiration of his term of office, the Chancellor shall appoint a new Vice-Chancellor and pending such appointment the University shall, subject to the approval of the Chancellor, authorise one of its members to exercise the powers and perform the duties of the Vice-Chancellor.

Section 16 - Powers and duties of the Vice-Chancellor

(1) The Vice-Chancellor shall be a whole-time officer of the University and shall be the administrative and academic head of the University. He shall, in the absence of the Chancellor. preside at meetings of the University including any convocation of the University. He shall be an ex-officio member and Chairman of such subordinate authorities constituted by the University as may be prescribed and shall be entitled to be present at and to addeess any meeting of any other subordinate authority of the University but shall not be entitled to vote thereat.

(2) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act and the Statutes. Ordinances, Regulations and Rules made thereunder are duly observed and he shall exercise general control over the afairs of the University and exercise all such powers as may be necessary for this purpose.

(3) In any emergency which, in the opinion of the Vice-Chancellor, requires that immediate action should be taken, he may take such action as he may deem necessary and shall at the earliest opportunity report his action to the authority which would have ordinarily dealt with the matter:

Provided that where any such action taken by the Vice-Chancellor prejudicially affects any person in the service of the University, such person shall be entitled to prefer, within thirty days from the date on which be receives notice of such action an appeal to the University.

(4) The Vice-Chancellor shall exercise such other powers as may be prescribed.

Section 17 - The Finance Officer

(1) The Finance Officer shall be appointed by the University. He shall be a whole-time officer of the University and shall hold office for such period and shall be paid such salary from the University Fund as the University may decide.

(2) If the Finance Officer is, by reason of leave, illness or other cause, temporarily unable to exercise the powers and perform the duties of his office, the University may appoint a person temporarily to exercise his powers and perform his duties.

Section 18 - Powers and duties of the Finance Officer

(1) The Finance Officer shall exercise general supervision over the University Fund and advise the University in regard to all financial matters concerning the University.

(2) The Finance Officer shall be an ex-officio member of such subordinate authorities constituted by the University as may be prescribed and shall, subject to the control of the University, manage the property and investments of the University. He shall be responsible for the preparation of the annual budget and the annual accounts.

(3) Subject to the control of the University, the Finance Officer shall be responsible for seeing that all monies are expended for the purpose for which they have been granted or allotted.

(4) Save as may be otherwise prescribed all contracts shall be signed by the Finance Officer on behalf of the University.

(5) The Finance Officer shall exercise such other powers as may be prescribed.

Section 19 - The Registrar

(1) The Registrar shall be appointed by the University. He shall be a whole-time officer of the University and shall be paid such salary from the University Fund and shall hold office for such period as the University may decide. The Registrar shall exercise such powers and perform such duties as may be prescribed.

(2) If the Registrar is, by reason of leave, illness or other cause, temporarily unable to exercise the powers and perform the duties of his office, the University may appoint a person temporarily to exercise his powers and perform his duties.

Section 20 - Statutes, Ordinances, Regulations and Rules how made

(1) The University may make Statutes, Ordinances, Regulations and Rules for the purpose of duly carrying out the provisions of, or exercising the powers conferred on it by, this Act.

(2) The University may delegate to a subordinate authority constituted by it the power to make Ordinances, Regulations or Rules to such extent as it may consider necessary and may, at any time, withdraw the power so delegated, or cancel any such Ordinance, Regulation or Rule made by a subordinate authority.

(3) Every Statute or Ordinance made under this Act shall, before it is given effect to, be submitted to the Chancellor and shall be modified or amended in such manner as may be suggested by the Chancellor.

(4) The Chancellor may, at any time after an Ordinance has been made, signify to the University his disallowance of such Ordinance, and from the date of receipt by the University of intimation of such disallowance, such Ordinance shall cease to have effect.

(5) Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-

(a) the constitution, duties and powers of the subordinate authorities which may be constituted by the University;

(b) the subordinate authorities of which the Vice-Chancellor shall be an ex-officio member and Chairman and those of which the Finance Officer shall be an ex-officio member;

(c) the filling of vacancies of members of the subordinate authorities and all other matters relating to those authorities;

(d) the appointment, powers and duties of the officers of the University other than the Chancellor and the Vice-Chancellor;

(e) the constitution of a pension, insurance or provident fund for the benefit of the officers, Teachers and other employees of the University;

(f) the institution and conferment of degrees, diplomas, certificates and other academic distinctions;

(g) the conferment of honorary degrees;

(h) the establishment and abolition of Faculties, Departments of Studies, colleges, libraries, museums, experimental stations, demonstration farms and other institutions;

(i) the maintenance of a register of the names of the Teachers of all the colleges and the procedure to be followed for the election of the members of the University referred to in. clause (x) of sub-section (1) of section 8;

(j) the conditions under which colleges, agricultural schools and other institutions may be recognized by the University, and the withdrawal of such recognition;

(k) the institution of fellowships, scholarships, studentships, exhibitions, medals and prizes;

(l) the calling of meetings of the University and the giving of notice thereof to the members of the University and the quorum and procedure at such meetings;

(m) contracts by the University and the execution thereof;

(n) annual report of. the University;

(o) qualifications of Teachers;

(p) the manner of exemption from study referred to in sub-clause (a) of clause (7) of section 4; and

(q) all other matters which by or under this Act are or may be provided for by Statutes.

(6) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:-

(a) the admission of students to the University and their enrolment as such;

(b) the courses of study to be laid down for all degrees, diplomas and certificates of the University;

(c) the degrees, diplomas, certificates and other academic distinctions to be awarded by the University, the qualifications for the same, and the examinations, and papers, if any, to be passed and submitted relating to the granting and obtaining of the same;

(d) the fees to be charged for courses of study in the University and in the colleges, agricultural schools and other institutions established, maintained, managed or recognized by the University and for admission to the examinations, degrees and diplomas of the University;

(e) the conditions of the award of fellowships, scholarships, studentships, exhibitions, medals and prizes;

(f) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators;

(g) the maintenance of discipline among the students of the University and the colleges;

(h) the conditions of residence of students at the University and the colleges;

(i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students, and the prescribing for them of special courses of study;

(j) the emoluments, and the terms and conditions of service of Teachers;

(k) the management of colleges, agricultural schools and other institutions established, maintained, managed or recognized by the University;

(l) the supervision and inspection of colleges and other institutions including recognized agricultural schools; and

(m) all other matters which by this Act or the Statutes are to be or may be provided for by Ordinances.

(7) Subject to the other provisions of this Act and the provisions of the Statutes and the Ordinances, Regulations may be made to provide for all or any of the following matters:-

(a) the procedure to be observed at the meetings of a subordinate authority and the number of members required to form a quorum;

(b) the calling of meetings of such subordinate authority and the giving of notice to its members of the dates of the meetings and of the business to be considered thereat and for the keeping of a record of the proceedings of such meetings;

(d) all other matters solely concerning a subordinate authority or a committee appointed by it and not provided for by this Act, the Statutes or the Ordinances.

(8) Subject to the provisions of this Act and the provisions of the Statutes the Ordinances and the Regulations. Rules may be made for the purpose of duly carrying out the provisions of, or exercising the powers conferred by, this Act or to provide for matters which, by the Statutes, the Ordinances or the Regulations, are required to be prescribed by Rules.

Section 21 - Fund of the University

(1) The University shall have a fund, elsewhere in this Act referred to as the University Fund.

(2) All monies received by the University by way of fees, fines, endowments, grunts, donations, bequests or loans or on any other account whatsoever, shall be credited to, and all expenditure incurred by the University shall be paid out of, the University Fund.

Section 22 - Annual Report

The annual report of the University shall be prepared under the direction of such subordinate authority or officer and shall be submitted to the University on or before such date as may be prescribed. The annual report shall be considered by the University at a meeting.

Section 23 - Annual Accounts and Budget

(1) As soon as may be after the close of a year the accounts of the University for that year shall be audited by an auditor appointed by the State Government or in such other manner as the State Government may direct.

(2) The University shall consider the audited annual accounts at a meeting and may take such action thereon as it thinks fit.

(3) The budget for each year shall be presented to and considered by the University at a meeting convened for the purpose not less than one month before the end of the preceding year. The University may take such action thereon as it may deem fit.

(4) Copies of the budget as passed by the University and the audited amounts together with copies of the audit report shall be submitted to the Chancellor and to the State Government.

(5) The State Government may require the University to supply to it any information in regard to the accounts and the budget of the University and the University shall comply with such requisition.

Section 24 - Visit and Inspection

(1) The State Government shall have the right to cause an inspection to be made by such person or persons as it may direct, of the University, its buildings, laboratories and equipment, and of any college, agricultural school, experimental station, demonstration farm or other institution established, maintained, managed or recognised by the University, and also of the examinations, teaching and other work conducted or done by the University, and may cause an inquiry to be made in like manner in respect of any matter connected with the University:

Provided that the State Government shall in every such case give notice to the University of its intention to cause an inspection or inquiry to be made and the University shall be entitled to be represented thereat.

(2) The State Government shall communicate to the University its views with reference to the results of any such inspection or inquiry, and shall, after ascertaining the opinion of the University thereon, advise the University upon the action, if any, to be taken.

(3) The University shall report to the State Government the action, if any, which is proposed to be taken or has been taken by it upon the advice given under sub-section (2).

(4) When the University does not, within a reasonable time, take action to the satisfaction of the State Government, the State Government may, after considering any explanation furnished or representation made by the University, issue such directions in writing as it may think fit and the University shall comply with those directions.

Section 25 - Contract of service for officers and Teachers

Except as otherwise provided under this Act or the Statutes, every salaried officer other than the Vice-Chancellor and every Teacher of the University shall be appointed under a written contract which shall be lodged with the University and a copy thereof shall be furnished to the officer or Teacher concerned.

Section 26 - Board of Arbitrators

Every dispute arising out of a contract between the University and any of its officers or Teachers shall be referred to a Board of Arbitrators consisting of one member appointed by the University, one member nominated by the officer or Teacher concerned and an umpire appointed by the Chancellor and the decision of the Board on such dispute shall be final and no suit shall lie in any Civil Court in respect of the matters decided by the Board.

Section 27 - Pension and provident funds

(1) The University shall constitute for the benefit of its officers (including the Vice-Chancellor), Teachers and other employees, in such manner and subject to such conditions as may be prescribed, such pension, insurance or provident funds as it may deem fit.

(2) Where a provident fund has been constituted by the University for the benefit of the officers, Teachers and other employees of the University, the provisions of the Provident Funds Act, 1925, shall apply to such fund as if the fund were a Government Provident Fund.

Section 28 - Removal of difficulties

If any difficulty arises with respect to the establishment of the University or any subordinate authority of the University or to the transaction of any business of the University, the Vice-Chancellor may refer the same to the Chancellor who may thereupon issue such direction or cause such action to be taken as appears to him to be necessary or expedient for resolving the difficulty.