THE PRESIDENCY
UNIVERSITY ACT, 2009 [Act No. 13 of 2010] [07th July, 2010] An Act to provide for
constitution of the Presidency University and for certain matters connected
therewith and incidental thereto. Whereas
it is expedient to confer on Presidency College, a Government College with rich
heritage, the status of a University to enable it to function more efficiently
as a teaching, training and research centre in various branches of learning and
courses of study, especially in Humanities, Social and Basic Sciences, and
promoting advancement and dissemination of knowledge and learning, and
extending higher education, to meet the requirement of higher education and
research in the subjects and to avail scope and opportunities to serve the
society and the nation; It
is hereby enacted as follows:-- (1) This Act may be called the Presidency University
Act, 2009. (2) This section and section 55 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 55; (2) "college" means erstwhile Presidency
College, Kolkata; (3) "convocation" means a meeting of the
Court for the purpose of conferring degrees, titles, diplomas, certificates or
other academic distinctions; (4) "employee" in relation to the University
means a person employed by the University; (5) "financial year" means the year ending on
the 31st day of March; (6) "Governor" means the Governor of the
State of West Bengal; (7) "Librarian" means a Librarian or any
other person holding a post of Librarian, by whatever name called appointed or recognized
as such by the University; (8) "Minister" means the Minister-in-charge
of Higher Education Department, Government of West Bengal appointed as such by
the Governor; (9) "non-teaching staff means the non-teaching
staff appointed or recognized as such by the University not holding any
teaching post or a person not holding the post of an officer or a person not
holding the post of Librarian, by whatever name called; (10) "officer" means an officer of the
University; (11) "prescribed" means prescribed by
Statutes, Ordinances, Regulations and Rules made under this Act; (12) "professional subject" means any of the
subjects, namely, law, teachers' training, engineering, technology,
agriculture, library and information science, mass communication and
journalism, management studies or such other subject as may be prescribed by
Regulations; (13) "registered graduate" means a graduate
registered under this Act at least three months prior to the date of election
of members to the Court on. application in the prescribed form and on payment
of a fee as prescribed; (14) "State Government" means Government of
West Bengal in the Higher Education Department; (15) "Statutes", "Ordinances",
"Regulations" and" Rules" mean, respectively, the Statutes,
Ordinances, Regulations and Rules made under this Act; (16) "student" means a student of the
University and includes any person enrolled by the University for pursuing any
-Undergraduate or Post-graduate course of study of the University; (17) "Students' Union" means the Students'
Union constituted in such manner as may be prescribed; (18) "Teacher of the University" means a
Professor, Associate Professor, Assistant Professor, or any other person,
holding a teaching post including a part-time teaching post, appointed or
recognized as such by the University for the purpose of imparting instruction
and conduction of research in the University; (19) "University" means the Presidency
University constituted under this Act; (20) "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; (21) "University Laboratory", "University
Library", "University Museum", or "University
Institution" mean a laboratory, a library, a museum or an institution, as
the case may be, maintained and managed by the University, whether established
by it or not; (22) "University Professor", "University
Associate Professor" or "University Assistant Professor" mean a
Professor including Distinguished Professor, Chair Professor, Adjunct
Professor, Associate Professor and Assistant Professor respectively appointed
or recognized as such by the University. (1) The first Chancellor and the first Vice-Chancellor
of the University and the first members of the Court and the Executive Council,
and all persons who may hereafter become the Chancellor or the Vice-Chancellor
of the University or the members of the Court or the Executive Council, so long
as they continue to hold such office or membership, shall constitute a body
corporate by the name of the Presidency University. (2) The University shall have perpetual succession and
a common seal and shall sue and be sued by the name of the Presidency
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 providing high quality education in Humanities, Social and Basic
Sciences both at the undergraduate and Postgraduate levels to the students from
all strata of the society including the disadvantaged ones; (2) to establish, maintain and manage libraries,
laboratories, workshops, museums, schools, centres and such other institutions
for study and research as it may deem necessary; (3) to provide for study and research in specialized
and emerging areas in such schools and centres and to take all necessary steps
in this regard; (4) to establish, maintain linkage and enter into
collaborative agreement with other Universities, research institutions, learned
societies and industries within as well as outside India in matters that relate
to the furtherance of the objectives of the University; (5) to take appropriate measures for maintenance of
standard and enhancement of quality in higher education; (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 shall
have pursued an approved course of study in the University, unless exempted
therefrom in the manner prescribed and shall have passed the prescribed
examinations of the University, or shall have carried on research under
conditions prescribed; (8) to withdraw or to cancel degrees, titles, diplomas,
certificates or other academic distinctions under such conditions as may be
prescribed by Statutes and after giving the person affected a reasonable
opportunity to present his case; (9) to confer honorary degrees or other academic
distinctions under conditions prescribed; (10) to institute Professorships including Distinguished
Professorship or Chair Professorship or Adjunct Professorship, Associate
Professorship, Assistant Professorship and other teaching posts required by the
University with the approval of the State Government and to appoint persons to
such posts or to recognize persons as Professors, Associate Professors,
Assistant Professor of the University, or as holders of other teaching posts of
the University for the purpose of imparting instruction and for conducting
research in the University; (11) to create posts, as and when required,, of officers
and employees of the University besides those provided for in this Act subject
to the approval by the State Government; (12) to prescribe, subject to the provisions of this
Act, the constitution, powers and duties of the Boards of Studies, the Finance
Committee, and other bodies as may be prescribed; (13) to prescribe, subject to the provisions of this
Act, the terms and conditions of service, duties and responsibilities including
the rules of conduct and discipline and the emoluments for all categories of
posts of the University; (14) to make provisions for provident and other funds
for all categories of the employees of the University; (15) to prescribe fees and other charges for admission,
registration and examinations and such other purposes, and to demand and
receive the fees or other charges so prescribed; (16) to establish, maintain and manage halls and hostels
and to withdraw the recognition thereof; (17) to provide for the promotion of the health and
welfare of students and of discipline among them; (18) to extend grant to the National Service Scheme and
National Cadet Corps from the University Fund; (19) 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; (20) to acquire, hold and dispose of property, movable
and immovable and to make grants and advances for furthering any of its
objectives; (21) to accept and administer gifts, endowments and
benefactions, for the furtherance of any of its objectives for the University
or for or on behalf of any school or centre established by or recognized by the
University, and to institute awards, fellowships, travelling fellowships,
scholarships, studentships, stipends, bursaries, exhibitions, medals and
prizes; (22) to accept grants and to raise loans or to accept
loans from the Central Government or any State Government or the University
Grants Commission, and with the approval of the State Government also from the
other sources; (23) to co-operate and collaborate with other
Universities, institutions and educational authorities in matters that relate
to and furtherance of the academic objectives of the University; (24) 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; (25) to introduce interdisciplinary or multidisciplinary
integrated courses in selected subjects; (26) 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. The
University may delegate such of its powers as it may deem expedient to any of
its authorities referred to in section 15 or to any of its officers, and may,
at any time, withdraw at its discretion any power so delegated. (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 over the meetings of
the Court (2) The Chancellor shall exercise such powers as may be
conferred on him by or under the provisions of this Act. (3) Where power is conferred upon the Chancellor to
make nominations to any authority or body of the University, the Chancellor
shall, to the extent necessary, nominate persons to represent interests not
otherwise adequately represented. (4) Every proposal to confer any honorary degree shall
be subject to confirmation by the Chancellor. The
following shall be the officers of the University:-- (a) the Vice-Chancellor; (b) the Registrar; (c) the Finance Officer; and (d) Persons holding such other posts as may be declared
by Statutes to be posts of officers of the University. (1) The Vice-Chancellor shall be appointed by the
Chancellor on the unanimous recommendation of the Court. If the Court fails to
make any such unanimous recommendation, the Vice-Chancellor shall be appointed
by the Chancellor in consultation with the Minister from a panel of three
persons to be elected by the Court in accordance with the system of
proportional representation by means of the single transferable vote. (2) (a) The Vice-Chancellor shall hold office for a
period of four years or till he attains the age of 65 years, whichever is
earlier, and shall, subject to the provisions of this section, be eligible for
re-appointment for a further period not exceeding four years. (b) ??The
Chancellor may, notwithstanding the expiration of the term of the office of
Vice-Chancellor or his attaining the age of 65 years, allow him to continue in
office till a successor assumes office, provided that he shall not continue as
such for any period exceeding six months. (3)
The
Vice-Chancellor shall be a whole-time officer of the University and shall be
paid from the University Fund such pay and allowances as the Chancellor may
decide in consultation with the State Government (4)
The
Vice-Chancellor may resign his office by writing under his hand addressed to
the Chancellor. (5) If? (a) the Vice-Chancellor is, by reason of leave, illness
or other cause, temporarily unable to exercise the powers and perform the
duties of his office, or (b) a vacancy occurs in the office of the
Vice-Chancellor by reason of death, resignation or expiry of the term of his
office, removal or otherwise, then during the period of such temporary
inability or pending the appointment of a Vice-Chancellor, as the case may be,
the Chancellor may, in consultation with the Minister, appoint any person to
exercise the powers and perform the duties of the Vice-Chancellor. (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. (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
Faculty 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 prescribed by Statutes,
Ordinances or Regulations. (6) The Vice-Chancellor may take on behalf of the
University such action as he may deem expedient in any matter which, in his
opinion, is either urgent or of an emergent nature and shall report the same
for confirmation at the next meeting to the authority or body which, in the
ordinary course, would have dealt with the matter: Provided
that if the action taken by the Vice-Chancellor is not approved by the
authority or body concerned, the matter shall immediately be referred to the
Chancellor whose decision thereon shall be final. (7) The Vice-Chancellor may, with the approval of the
Executive Council, delegate any of his powers (other than the power referred to
in sub-section (6) to any other officer subordinate to him. (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 of the Court as also of the Executive
Council and shall exercise such powers and perform such dudes as may be
prescribed, 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 prescribed or delegated to him
by or under the provisions of this Act, the Statutes, the Ordinances or the
Regulations, as the case may be. In
their respective spheres of duties, the Registrar and the Finance Officer
shall, subject to the provisions of this Act, have the power of supervision and
control over all officers and employees serving in departments under their
charge and shall exercise such disciplinary power as may be conferred on them
by or under this Act or by the Statutes or Ordinances or the Regulations, as
the case may be. The
following shall be the authorities of the University:-- (1) the Court; (2) the Executive Council; (3) the Faculty Councils for Post-Graduate and
Undergraduate Studies; (4) the Boards of Studies; (5) the Finance Committee; and (6) such other authorities as may be established under
the Statutes. (1) The Court shall consist of the following :-- (a) ex-officio members: (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the Registrar; (iv) the immediately preceding Vice-Chancellor; (v) the Secretary, Higher Education Department,
Government of West Bengal or his nominee not below the rank of Joint Secretary
to the Government of West Bengal; (vi) the Secretary, Finance Department, Government of
West Bengal or his nominee not below the rank of Joint Secretary to the
Government of West' Bengal; (vii) the President, West Bengal Council of Higher
Secondary Education; (viii) the Chairman, West Bengal College Service
Commission; (ix) the Deans of the Faculty Councils for Post-Graduate
and Undergraduate Studies; (b) elected members: (i) not more than three Professors of the University
Departments elected by such Professors of whom at least one shall belong to any
Department under each Faculty Council for Post-graduate and Undergraduate
studies and preferably not more than one from any other department; (i) not more than six teachers of University
Departments other than Professors elected by such teachers from amongst
themselves of whom at least one shall belong to any Department under each
Faculty Council for Post graduate and Undergraduate studies and not more than
one from any other department; (ii) one member of the West Bengal Legislative Assembly
elected from amongst themselves, if they are not already members of the Court; (iii) one person nominated by the Chancellor other than a
person from the teaching profession; (iv) two regular post-graduate students of the
University, not more than one from any Faculty Council for Post-Graduate and
Undergraduate Studies elected by an electoral college of such students
constituted in the manner prescribed. Explanation I.--"regular post-graduate
student" shall mean a student who has been prosecuting his studies in a
Post-graduate Department of the University under any Faculty Council for Post-Graduate
and Undergraduate Studies and who is not in default of payment of prescribed
tuition fees and other dues of the University till such date as may be notified
by the University in this behalf. Explanation II.--Notwithstanding anything contained
elsewhere in this Act, a regular post-graduate student elected under this
clause shall hold office from the date of his election and for a period of two
years or till he ceases to be a regular post-graduate student, whichever is
earlier; (v) three regular students, of whom at least one shall
be a lady student, prosecuting their studies in undergraduate degree classes of
the University, elected by an electoral college of such students constituted in
the manner prescribed. Explanation I.--"regular student" shall
mean a student who has been prosecuting his studies in any stream in an
undergraduate degree class of the University and who is not in default of
payment of prescribed tuition fees and other dues of the University till such
date as may be notified by the University in this behalf. Explanation II.--Notwithstanding anything contained
elsewhere in this Act, a regular student elected under this clause shall hold
office from the date of his election and for a period of three years or till he
ceases to be a regular student, whichever is earlier; (vi) one Research Scholar or Research Fellow of the
University elected by the Research Scholars and the Research Fellows of the
University. Explanation I.--"Research Scholar or Research
Fellow of the University" shall mean a whole-time Research Scholar or
Research Fellow of the University who receives a stipend from the University or
State Agencies or Central Agencies. Explanation II.--Notwithstanding anything contained
elsewhere in this Act, a Research Scholar or Research Fellow of the University
elected under this clause shall cease to hold office on the expiration of the
term of Research Scholarship or Research Fellowship, as the case may be; (vii)
three
members elected by the members of the non-teaching staff of the University from
amongst themselves; (viii)
one
member elected by the officers and the supervisory staff of the University from
amongst themselves; (ix)
one
person to be elected by the Librarian or Deputy Librarian or Assistant
Librarian of the University from amongst themselves; (x) three persons one of whom must be a woman elected
by the registered graduates from amongst themselves. (2) All elections to the Court shall be held in the
manner prescribed by Statutes. The Registrar shall act as the Secretary of the
Court. (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 Departments, Schools, Centres,
or any such institutions, libraries, laboratories and museums of study and
research; (ii) to create and institute Professorships including
Distinguished Professorships or Chair Professorships or Adjunct Professorships,
Associate Professorship, Assistant Professorship, and such posts including
posts of officers as may be necessary for the establishment of the University
Departments, Schools, Centres or any such institutions, libraries, laboratories
and museums referred to in clause (i) with the approval of the State
Government; (iii) if necessary to re-designate each or any one of the
category of posts as mentioned in clause (ii) with the 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 prescribed, and have passed such
examinations as may be prescribed, or (b) have carried on research in accordance with such
conditions as may be prescribed; (vii)
to
withdraw or to cancel degrees, titles, diplomas, certificates or other academic
distinctions under such conditions as may be prescribed by Statutes and after
giving the person affected a reasonable opportunity to present his case; (viii)
to
confer honorary degrees or other academic distinctions; (ix) to consider the Annual Statement of Accounts and
the Annual Financial Estimates approved by the Executive Council and to pass
such resolutions relating thereto as may be considered necessary: Provided
that for the purpose of passing a resolution modifying or rejecting any such
Annual Financial Estimates it shall be necessary for a majority of the total
number of members of the Court existing at the time to vote in 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, research institutions, learned societies and
educational authorities in matters that relate to, or furtherance of, the
academic 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) 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
Meeting. The Court may also meet at such other times as it may 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 the total number of the 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:-- (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,
Higher Education Department, Government of West Bengal; (iii) the Secretary, Finance Department, Government of
West Bengal or his nominee not below the rank of Joint Secretary, Finance
Department, Government of West Bengal; (iv) the Deans of the Faculty Councils for Post-Graduate
and Undergraduate Studies ; (v) the Member Secretary, West Bengal State Council of
Higher Education; (vi) the President, West Bengal Council of Higher
Secondary Education; (b) other members: (vii) one Professor of the University elected by such
Professors of the University as are members of the Faculty Councils for Post-Graduate
and Undergraduate Studies from amongst themselves; (viii) one teacher other than the Professors of the
University elected by such teacher's of the University as are members of the
Faculty Councils for Post-Graduate and Undergraduate Studies from amongst
themselves; (ix) one Professor of the University elected by such
Professors of the University as are members of the Court from amongst
themselves; (x) one teacher other than the Professors of the
University elected by such teachers of the University as are members of the
Court from amongst themselves; (xi) one non-teaching employee of the University elected
by such non-teaching employees of the University as are members of the Court
from amongst themselves; (xii) one student either from Post-graduate or
Undergraduate courses elected by all students as are members of the Court from
amongst themselves; (xiii) one member of the West Bengal Legislative Assembly,
who is also a member of the Court; (xiv) one person elected by the Officers and Supervisory
staff of the University from amongst themselves; (xv) one person nominated by the Chancellor. (xvi) two persons to be nominated by the State Government
from amongst the scientists, engineers or technologists, professionals or
members of the learned societies. (2)
The
Registrar will act as the Secretary of the Council. (3)
All
elections to the Executive Council shall be held in the manner prescribed by
Statutes. (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 and Undergraduate Studies, the
establishment of University Departments, schools, centre and such other
institutions, libraries, laboratories and museums for study and research; (iii) to maintain University Departments, Schools,
Centres and such other institutions, University libraries. University
laboratories and University museums; (iv) to establish, maintain and manage halls and
hostels; (v) to direct the inspection of University libraries. University
laboratories. University museums and halls and hostels; (vi) to recommend to the Court, after consulting the
respective Faculty Councils for Post-Graduate and Undergraduate Studies, the
institution of fellowships, traveling 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 and Undergraduate Studies, the
creation and institution of Professorships including Distinguished
Professorship or Chair Professorship or Adjunct Professorship, Associate
Professorship, Assistant Professorship and posts as may be necessary for the
establishment of the University Departments, Schools, Centres, and any such
institutions, libraries, laboratories and museums referred to in clause (i) of
sub-section (1) of section 17; (viii) to create posts of Officers and employees of the
University or to recommend to the Court for such creation, with the approval of
the State Government; (ix) if necessary, to re-designate all or any of the
posts under this section or to recommend to the Court for such re-designation
with prior approval of the State Government; (x) to appoint Teachers, Officers and employees of the
University and to fix their emoluments and define their duties and other terms
and conditions of service in accordance with the Statutes and the Ordinances
and to suspend, discharge or otherwise punish in accordance with the Statutes
and the Ordinances such Teachers, Officers and employees; (xi) to prescribe 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; (xii) to recommend to the Court, after consulting the
respective Faculty Councils for Post-Graduate and Undergraduate Studies, the
institution of degrees, titles, diplomas, certificates and other academic
distinctions; (xiii) 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 prescribed courses of
studies or have been exempted therefrom in the prescribed manner, and have
passed such examinations or have carried on research under such conditions, as
may be prescribed; (xiv) to recommend to the Court the conferment of
honorary degrees and other academic distinctions; (xv) to approve the constitution or reconstitution of
the respective department of teaching on the recommendation of the respective
Faculty Council for Post-Graduate and Undergraduate Studies; (xvi) 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 and Undergraduate Studies in this regard; (xvii) to make regulations regarding the examinations
which shall be recognised as the equivalent examinations held by the
University; (xviii) 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 of and the examinations held by
the University; (xix) to make regulations regarding all other matters
which may be or are required to be prescribed or provided for by regulations; (xx)
to
give directions regarding the form, custody and use of the common seal of the
University; (xxi) 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 at not less than one
lakh of rupees previous approval of the Court shall be necessary; (xxii) to accept and administer gifts, endowments and
benefactions for the furtherance of the purposes of this Act; (xxiii)
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; (xxiv)
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 and Undergraduate Studies; (xxv)to manage the Press Establishment, the Publication
Bureau and the Employment Bureau of the University and to exercise general
supervision over Students' Unions, University Extension Board, University
Sports Board and other bodies instituted by the University; (xxvi)
to
approve the Annual Statements of Accounts and the Annual Financial Estimates of
the University and to submit the same to the Court for consideration; (xxvii)
to
prepare the Annual Report and submit the same to the Court for consideration; (xxviii) 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; (xxix)
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; (xxx)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; (xxxi)
to
make rules for the transaction of its own business; (xxxii)
to
exercise all other powers and perform all other functions conferred and imposed
on the Executive Council by or under this Act; (xxxiii) to exercise general supervision over the Faculty
Councils for Post-Graduate and 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 and Undergraduate Studies:-- (a) the Faculty Council for Post-Graduate and
Undergraduate Studies and in Arts; (b) the Faculty Council for Post-Graduate and
Undergraduate Studies in Science; (c) any other Faculty Council which may be established
by the University in this regard in such manner as may be prescribed. (2) Each Faculty Council for Post-Graduate and
Undergraduate 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) five Teachers of the University, other than
Professors belonging to the Faculty Councils concerned, to be elected by such
Teachers from amongst themselves; (vi) not more than three persons having special
knowledge in the subject or subjects concerned nominated by the Vice-Chancellor
from a panel of six recommended by the Executive Council; (vii) the Faculty Council concerned may co-opt such Dean
or Deans from any other faculty council as it may considered necessary. (3)
Each
Faculty Council for Post-graduate and Undergraduate Studies shall have a Secretary.
The Secretary shall be a member of the Faculty Council-Provided that in the
absence of the Secretary, the Registrar or a Deputy Registrar or the Assistant
Registrar, as may be nominated by the Secretary, shall act as the Secretary of
the Faculty Council. (4) One-third of the total number of members of a
Faculty Council for Post-Graduate and Under Graduate studies shall be a quorum
for a meeting of the Faculty Council. Subject
to the 'provisions of this Act, and the Statutes, the Ordinances Regulations, a
Faculty Council for Post-Graduate and Undergraduate Studies shall exercise the
following powers and perform the following duties:-- (i) to make proposals to the Executive Council for the
establishment of University Departments, Schools, Centres, any such
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 Professorship or
Chair Professorship or Adjunct Professorship, Associate Professorship,
Assistant Professorship, 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 prescribe 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
regulatory 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 make proposal to the Executive Council for
constituting or reconstituting the departments of teaching in the University; (vii) to make provisions for lectures and instructions
for students of University Departments, Schools and Centres 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 fix the date of commencement of, and to hold and
conduct, subject to general supervision by the Executive Council, University
Examinations at the Post-graduate and Undergraduate stages and publish the
results thereof in accordance with the Regulations made in this behalf; (x) to consider and approve results of examinations
leading to Post-graduate and Undergraduate degrees, diplomas and certificates; (xi) to recommended to the Executive Council the
conferment of Post-graduate and Undergraduate degrees, diplomas and
certificates; (xii) to delegate to the teaching departments, research
units, and Boards of Studies attached to it the responsibility for such
academic matters as may concern such departments, units and Boards; (xiii) to provide for the inspection or the investigation
into the affairs of any University Departments, Schools, Centres and any such
institution and submit report to the Executive Council; (xiv) to have general supervision-over the Boards of
Studies attached to the Faculty Council in accordance with the rules framed for
this purpose; (xv) to frame rules relating to the courses of
Post-Graduate and Undergraduate 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 for making of
Regulations in this behalf; (xvi) 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 and Under Graduate Studies, the subject for doctoral thesis and
for prizes and medals; (xvii) 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; (xviii) to consider any academic matter relating to the
Faculty Council and to arrive at decisions or make recommendations pertaining
thereto to the appropriate authority or officer; (xix) to maintain contact with other Faculty Councils for
the purpose of sharing ideas and ensuring co-ordination; (xx) to submit each year its Annual Report to the
Executive Council; (xxi) to make rules for the transaction of its own
business; (xxii) to exercise all other powers and perform all other
functions conferred and imposed on it by or under this Act; (xxiii) to abide by, and implement promptly, the decisions
that may be arrived at the Executive Council from time to time in regard to the
Faculty Council; (xxiv) to supply promptly such information, returns,
reports and other materials as may be required by the University; (xxv)to have general responsibility for maintenance of
standard and enhancement of quality in relation to Post-graduate and
Undergraduate studies with which the Faculty Council is concerned. (1) There shall be a Dean for each Faculty Council for
Post-graduate and Undergraduate Studies who shall be elected by the Faculty
Council in such manner and subject to such conditions as may be prescribed by
Statutes. (2) The Dean shall hold office as a Dean for such term
as may be prescribed by Statutes. There
shall be Boards of Studies attached to every Faculty Council for Post-graduate
and Undergraduate Studies. The constitution of the Boards of Studies shall be prescribed
by Statutes and the powers and functions of the Boards shall be prescribed 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 prescribed
by Statutes and its procedure in financial matters, including the delegation of
its powers, shall be prescribed by Ordinances. (1) A University Professor shall be appointed by the
Executive Council on the recommendation of a Selection Committee consisting of? (i) the Vice-Chancellor as the Chairman; (ii) the Dean of the Faculty Council concerned; (iii) a person, not holding any office of profit under
the University and having special knowledge of the subject which the Professor
will teach, nominated by the Chancellor; (iv) two persons, not holding any office of profit under
the University and having special knowledge of the subject which the Professor
will teach, nominated by the Executive Council. (2)
Appointment
to the post of Distinguished Professors or Chair Professors or Adjunct
Professors shall be made on the basis of recommendation of a Search Committee
comprising three eminent educationists in the relevant discipline, constituted
for this purpose by the Executive Council. (3) A University Associate Professor or an Assistant
Professor shall be appointed by the Executive Council on the recommendation of
a Selection Committee consisting of? (i) the Vice-Chancellor as the Chairman; (ii) the Dean of the Faculty Council concerned or, in
his absence, the Head of the Department concerned; (iii) a person, not holding any office of profit under
the University and having special knowledge of the subject which the Associate
Professor or the Assistant Professor will teach, nominated by the Chancellor; (iv) two persons, not holding any office of profit under
the University and having special knowledge of the subject which the Associate
Professor or the Assistant Professor will teach, nominated by the Executive
Council. (1) Three members, of whom at least two shall be
persons having special knowledge in the subject concerned, shall be quorum for
a meeting of a Selection Committee. (2) If any member of a Selection Committee is unable to
attend, he may send his opinion in writing to the Vice-Chancellor and such
opinion shall be taken into consideration by the Committee. (3) If the Executive Council 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 Executive
Council 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 be final. (1) Notwithstanding anything contained in section 26,
until the constitution of a Selection Committee referred to therein, a
University Assistant Professor, Associate Professor or Professor shall be
appointed by the Presidency University Council, referred to in sub-section (1)
of section 56 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 of the subject which the Professor or
the Associate Professor or the Assistant Professor, as the case may be, will
teach, nominated by the Chancellor. (2) If the Presidency University Council does not
accept the recommendation of the Selection Committee the provision of
sub-section (3) of section 27 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 prescribed by Ordinances. (2) A Teacher 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 performance is not considered satisfactory, the probationer shall
be discharged by the authority concerned. (4) On satisfactory completion of the period of
probation, a Teacher 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, prescribe by
Ordinances the constitution of a standing committee or standing committees for
selection of persons for appointment to the posts of officers and to the other
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; (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)
The
decision of the Tribunal shall be final and no suit or proceeding shall lie in
any civil court in respect of the matters decided by the Tribunal. (5) 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 and all the provisions of
that Act with the exception of section 2 thereof shall apply accordingly. (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 and
Undergraduate Studies. Notwithstanding
anything contained elsewhere in this Act; no person shall,-- (a) if he is a teacher, not holding any whole-time
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 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. 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 fours 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 prescribed, 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
prescribed, by nomination by the person or authority that nominated me 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 removal 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
prescribed by Statutes. (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. (4) No suit or proceeding shall lie in any civil court
against a decision or an order of the Election Tribunal under sub-section (1)
or sub section (3) as the case may be. At
a meeting of the Court, the Executive Council, the Faculty Councils for
Post-graduate and 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. 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, grants, 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 shall, at least one month
before the end of the financial year, communicate its approval or otherwise of
the budget of the University: Provided
that the State Government shall, from time to time, release grants to the
University to incur expenditure till the budget is approved. (3)
If
no communication is sent to the University by the State Government within the
period as aforesaid, the budget shall be deemed to have been approved by the
State Government. (4) 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: Provided
that no such prior approval shall be necessary in respect of any expenditure on
any scheme not provided in the budget, if such expenditure is met by the
University out of its own resources. 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, as if such fund were a 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. (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 institution maintained by the University,
and (iii) into all affairs of the University and of such
institution including examination and other work conducted or done by the
University or such institution; and (b) to cause an enquiry to be made into the income,
expenditure, properties, assets and liabilities of the University and of any
such institution maintained by the University. (2)
The
State Government shall, in every such case of inspection or enquiry, give
previous notice to the University of its intention to cause such inspection or
enquiry. (3)
The
State Government shall communicate to the Court and the Executive Council its
views on the results of such inspection or enquiry and may, after considering
the opinion of the Court and the Executive Council thereon, advise the
University regarding the action which the State Government considers fit to be
taken by the University in the matters concerned and the University 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 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 to take such
further action in the matters concerned, as may, in the opinion of the State
Government, be necessary, and the University shall take or cause to be taken
such further action within such time as may be specified in that behalf by the
State Government. 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 (4) of section 7; (b) the establishment of authorities of the University
referred to in clause (6) in section 15; (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 holding of convocations to confer degrees,
titles, diplomas, certificates and other academic distinctions, including
honorary degrees and distinctions; (g) the conditions for the registration of graduates of
the University and for the maintenance of a register for registered graduates; (h) the minimum qualifications for teachers and
officers of the University; (i) all other matters which under this Act are
required to be or may be prescribed 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 reconsideration. 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
their enrolment; (b) the levy or fees in University Departments,
Schools, Centres and in University Laboratories; (c) the conditions of residence and rules of discipline
of the students of the University and the levy of fees for residence in halls
and hostels; (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 imposition and collection of fees,
fines and other dues payable to the University; (i) the duties and functions of the Teachers of the
University including the Heads of Departments; (j) rules for the registration of students; (k) the appointment, duties and remuneration of
examiners; (l) 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; (m) rules and procedure for accepting grants and for
raising or accepting loans other than loans from the Central Government or any
State Government or the University Grants Commission; (n) all other matters which under this Act or the
Statutes are required to be or may be prescribed by Ordinances. (1) 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
manner specified in sub-sections (1) and (2) of 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 any of me following matters:-- (a) the powers and functions of the Boards of Studies; (b) the functions and duties of Teachers' Councils in,
Universities; (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 and
Undergraduate Studies concerned; (f) the minimum qualifications for the 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 prescribed 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-Chanceller 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. Subject
to the provisions of this Act, the Statutes, the Ordinances and the
Regulations, Rules may be made for the purpose of 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. (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 prescribed 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, (ii) the Executive Council, (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, (ii) a committee constituted from among its own members, (iii) a committee constituted in accordance with the
Statutes or the Ordinances, (iv) any of the Faculty Councils for Post-Graduate and
Undergraduate Studies, or (v) the Finance Committee; (c) the Faculty Council for Post-graduate and
Undergraduate Studies may delegate any of its powers or duties, conferred or
imposed by or under this Act, to ? (i) the Vice-Chancellor, (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 Statutes, the Ordinances and the
Regulations, any student of the erstwhile Presidency College affiliated
formerly to the Calcutta University, who was studying for any examination of
such University, shall upon upgradation of the college to 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 prescribed. (1) The Chancellor shall, within three months from the
date of publication of this Act in the Official Gazette, appoint a person to be
the Vice-Chancellor under sub-section (4) of section 56, and he shall be the
first Vice-Chancellor of the University and shall hold office for a period of
one year, which may be extended by one year by the Chancellor in consultation
with the Minister. 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, by
notification in the Official Gazette, direct, cause arrangements to be made for
constituting the Court, the Executive Council, the Faculty Council for
Post-graduate and 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 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 consolation 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 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 and 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 State Government, appoint such administrative, clerical and
other staff as he deems necessary for giving effect to the provisions of this
section. (8) (a) All properties and all rights of whatever kind
used, enjoyed or, possessed by, all interests of whatever kind owned by or,
vested in or, held in trust by or, for the College as well as liabilities
legally subsisting against the College shall pass to the University as
constituted under this Act. (b)?? ?All sanctioned posts of the College shall
stand transferred to the University and all Government employees employed in
the College will continue to function under the University in their existing
capacities till such time the posts are actually filled up by the University or
the incumbents are posted elsewhere by appropriate Government Orders or
Notifications to be issued from time to time. The said Government employees
during their tenure in the University will continue to enjoy the same pay and
allowances upon the same terms and conditions of service with the same rights
and privileges as to pension, gratuity, provident fund, savings cum group
insurance scheme and other matters as they would enjoy as the State Government
employees: Provided
that the State Government may consider creation of appropriate number of cadre-specific
supernumerary posts or shadow posts under the aegis of Higher Education
Department or Education Directorate to protect the interest of the aforesaid
Government employees. (c) ???All
Government employees including teachers. Librarians and non-teaching staff who
have been employed in the College or, are liable to be posted to the College
shall be given opportunity to exercise their option for being considered for
selection in University services in a phased manner as may be decided by the
State Government by issue of suitable orders or notifications from time to
time: Provided
that the last date for such option shall not be later than one year after the
appointed day: Provided
further that no employee who has opted for being considered for selection in
University services shall be debarred for selection in University services only
on the ground that he has already exceeded the upper age limit for recruitment
to the concerned post. (9) On and from the appointed day ? (a) section 56 shall stand repealed and thereupon the
Presidency 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 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; (c) all things done or deemed to have been done, and
all actions taken or deemed to have been taken under any law in force for the
time being, shall be deemed to be things done or actions taken by the
University under this Act as if this Act had been in force when such things
were done or actions taken 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. (10) In construing the provisions of section 16, section
19, section 21 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 Postgraduate and 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, Readers or Associate Professors, Lecturers or
Assistant Professors and teachers of the College, if any, immediately before
the date of appointment of the first Vice-Chancellor. (11) The provisions of this 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 Postgraduate and 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
Presidency University Council. (2) The following shall be the members of the Council:-- (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) Member-Secretary, West Bengal State Council of
Higher Education; (vi) the President, West Bengal Council of Higher
Secondary Education: (vii) 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 university education. Principles and teachers of colleges
affiliated to other universities and teachers of the University. (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 a nominee
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 out the functions of the Court, the Executive
Council, the Faculty Councils for Post-graduate and 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) ?(a) (i) The
Chancellor, or in his absence the Vice-Chancellor, shall preside over the
meetings of the Council. (ii)?? ?Twenty-five per cent of the members of the
Council shall be a quorum for a meeting of the Council. (b) ???Twenty-five
per cent of the members of any body 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 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 reason of the other provisions of this Act,
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. If
on account of any lacuna or omission in the provisions of this Act, or for any
other reason whatsoever, any difficulties 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 notwithstanding anything to the contrary
contained elsewhere in this Act or in any other law
PRESIDENCY UNIVERSITY ACT, 2009
Preamble - THE PRESIDENCY UNIVERSITY
ACT, 2009PREAMBLE