[West
Bengal Act 15 of 2000] [20th
July, 2000] [Passed
by the West Bengal Legislature.] An Act to establish and
incorporate a technology university in West Bengal and to provide for matters
connected therewith or incidental thereto. Whereas it is necessary to
promote the creation of centres of excellence in education and research in
science, technology, engineering and management, particularly in emerging
areas; And
Whereas it
is necessary to improve the quality of education being imparted by the existing
engineering and technological colleges affiliated to various universities
established under any Bengal or West Bengal Act for the time being in force; And
Whereas it
is necessary to support the establishment of engineering and technological
colleges and centres of study in basic and applied sciences, particularly in
the multi-disciplinary areas; And
Whereas it
is necessary to develop facilities for research in engineering and technology
as well as basic and applied sciences; And
Whereas it
is necessary to impart education and carry out research in management
responsive to the global changes in technology and the need of West Bengal; And
whereas it
is expedient to establish a technology university in West Bengal; It is hereby enacted in the
Fifty-first Year of the Republic of India, by the Legislature of West Bengal,
as follows:- (1) This Act may be called the [2][West
Bengal Maulana Abul Kalam Azad University of Technolog] Act, 2000. (2) It extends to the whole of
West Bengal. (3) This section and Section 24
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, appoint, and different dates may be appointed for different
provisions of this Act. In this Act, unless the
context otherwise requires,- (1) “Academic Council” means
the Academic Council of the University; (2) “academic year” means a
period of twelve months commencing on the first day of July or such other
period of twelve months, commencing on such date, as the Executive Council may
specify; (3) “affiliated institution”
means a college or an institution affiliated to the University, and includes a
college or an institution deemed to be an affiliated college or institution
under this Act; (4) “All India Council for
Technical Education” means the All India Council for Technical Education
established under the All India Council for Technical Education Act, 1987 (Act
52 of 1987); (5) “Chancellor” means the
Chancellor of the University; (6) “General Council” means the
General Council of the University; (7) “Department” means a
department of studies of the University; (8) “Director” means the Director
of a School of Studies of the University; (9) “employee” means any person
appointed by the University, and includes a Teacher or any other full-time
member of the staff of the University; (10) “Executive Council” means
the Executive Council of the University; (11) “Finance Committee” means
the Finance Committee of the University; (12) “Minister” means the
Minister-in-charge of the Higher Education Department of the State Government; (13) “non-teaching employee”
means a non-teaching employee, other than an officer, not holding any teaching
post (including part-time teaching post), appointed or recognised as such by
the University; (14) “notification” means a
notification published in the Official Gazette; (15) “officer” means an officer
of the University; (16) “prescribed” means prescribed
by regulations made under this Act; (17) “Pro-Vice-Chancellor” means
the Pro-Vice-Chancellor of the University; (18) “Registrar” means the
Registrar of the University; (19) “regulations” means the
regulations made under this Act; (20) “Schedule” means the
Schedule appended to this Act; (21) “School of Studies” means a
School of Studies of the University; (22) “State Government” means
the Government of West Bengal in the Higher Education Department; (23) “student” means a student
of the University, and includes any person enrolled by the University for
pursuing any course of study of the University; (24) “Teacher” means a
Professor, Principal Associate Professor, Reader, Assistant Professor, Lecturer
or such other person, holding a teaching post or a part-time teaching post, appointed
or recognized by the University or appointed by any affiliated institution; (25) “the University” means
the [3][Maulana
Abul Kalam Azad University of Technology, West Bengal] constituted under this
Act; (26) “University Grants
Commission” means the University Grants Commission established under the
University Grants Commission Act, 1956 (Act 3 of 1956); (27) “Vice-Chancellor” means the
Vice-Chancellor of the University. (1) With effect from such date
as the State Government may, by notification, appoint, there shall be
constituted a University by the name of the [4][Maulana
Abul Kalam Azad University of Technology, West Bengal] which shall consist of
the Chancellor, the Vice-Chancellor, the Pro-Vice-Chancellor, the Directors,
the members of the General Council, the members of the Executive Council, and
the members of the Academic Council and the Registrar. (2) The University shall be a
body corporate by the name as aforesaid, having perpetual succession and a
common seal, and shall sue and be sued by the name of the [5][Maulana
Abul Kalam Azad University of Technology, West Bengal]. (3) In all suits and other
legal proceedings by or against the University, the pleadings shall be signed
and verified by the Registrar and all processes in such suits and proceedings
shall be issued to, and served on, the Registrar. (4) The headquarters of the
University shall be located at such place within West Bengal as the State
Government may, by notification, specify. The objects of the
University shall be- (1) to organize undergraduate
courses of study in engineering and technology, especially in emerging areas; (2) to organize post-gradudate
programmes in basic and applied sciences, engineering, and technology and in
such other branches of knowledge as the University may deem fit, specially with
a view to producing scientists, technologists and managers of high calibre
capable of contributing towards development of industries based on modern
technology in collaboration with industries as well as national and
international research laboratories and academic institutions; (3) to develop centres of
excellence for higher studies and research in basic and applied sciences,
engineering, technology and management education; (4) to accord affiliation, and
to provide academic support and guidance, to institutions in science,
engineering, technology and management within the jurisdiction of the
University; (5) to create awareness in key
areas of environmental science, conservation of energy and resource,
information technology, and bio-technology; (6) to organize distance
education programmes aiming at a virtual university; (7) to organize continuing
education programme for up-dating the knowledge and skills of in-service
personnel; (8) to organize and offer
consultancy services to industries and other organizations; (9) to undertake such other
activities as may be necessary to fulfil the objects as aforesaid. The University shall have
the powers- (1) to provide instruction and
teaching leading to Bachelor, Master, and Doctoral degrees in engineering,
technology, basic and applied sciences, and management, and in such other
branches of knowledge as the University may deem fit; (2) to establish Departments,
Schools or Centres of advance study and research in different branches of
knowledge; (3) to prescribe courses of
study for Bachelor, Master, and Doctoral degrees in different branches of
learning; (4) to accord affiliation to
institutions in basic and applied sciences, engineering, technology, and
management; (5) to hold examinations and
publish results of such examinations for different courses of study and
research in the manner prescribed; (6) to confer degrees and other
academic distinctions or recognitions on persons who have pursued successfully
the courses of study of the University or conducted research creditably in the
manner to be prescribed; (7) to provide for the
inspection of, or investigation into, the affairs of colleges or institutions
affiliated to it and to exercise general supervision over them including
monitoring of academic performances; (8) to prescribe the procedure
of admission to different courses of study in the University and also in the
affiliated institutions; (9) to sponsor and undertake
research in all aspects of engineering and technology, management, and basic
and applied sciences, and interdisciplinary subjects relating thereto; (10) to confer honorary degrees
or other distinctions in such manner as may be prescribed by regulations; (11) to institute
professorships, readerships, lectureships and other teaching posts necessary
for imparting instruction or for preparing educational material or conducting
other academic activities, including providing guidance to the students,
designing and delivering of courses, and evaluation of the work done by the
students, and to appoint persons to such professorships, readerships,
lectureships and other teaching posts, either on full-time or part-time basis
or on contract; (12) to co-operate with other
universities and institutions of higher learning and professional and
industrial organizations for such purposes as the University considers
necessary; (13) to institute and award
fellowships, scholarships, and prizes and such other awards for recognition of
merit as the University may deem fit; (14) to organize and conduct
refresher courses, workshops, seminars and other programmes for teaches,
evaluators, and other academic, administrative and technical staff of the
University and other institutions and also for the members of the general
public; (15) to recognize examinations
or periods of study (whether in full or in part) at other universities,
institutions or other places of higher learning as equivalent to examinations
of, or periods of study in, the University, and to withdraw such recognition at
any time; (16) to create administrative,
ministerial and other necessary posts and to make appointments thereto, either
on full-time or part-time basis or on contract; (17) to receive benefactions,
donations, grants, subscriptions, or gifts for the purpose of the University,
consistent with the objects for which the University is established; (18) to acquire, purchase, take
on lease, or dispose of any property, movable or immovable, for the purpose of
the University; (19) to draw and accept, to make
and endorse, to discount and negotiate, Government of India and other
promissory notes, bills of exchange, cheques or other negotiable instruments; (20) to execute conveyances,
transfers, re-conveyances, mortgages, leases, licences, and agreements in
respect of properties, movable or immovable, including Government securities
belonging to the University or to be acquired for the purpose of the
University; (21) to enter into agreement
with the Government of India, the State Government, the Governments of other
States in India, the University Grants Commission, the All India Council for
Technical Education, or other authorities, industries or professional
organizations for receiving grants; (22) to enter into, carry out,
vary, or cancel contracts; (23) to fix, demand, and receive
such fees and other charges as may be decided by the Executive Council from
time to time; (24) [6][ to regulate the
expenditure and manage the accounts of the University;] (25) to control, and to enforce
discipline among, the students and all categories of employees and to prescribe
by regulations the conditions of service and the code of conduct of such
employees; (26) to recognize any
institution of higher learning or studies for such purposes as the University
may determine and to withdraw such recognition; (27) to appoint, either on
contract or otherwise, visiting Professors, Emeritus Professors, Consultants,
fellows, scholars, and such other persons as may contribute to the advancement
of the objects of the University; (28) to recognize persons
working in other universities, instituions or organizations as teachers of the
University on such terms and conditions as may be prescribed by regulations; (29) to make arrangements for
the promotion of the general health and welfare of the employees; (30) to collaborate and interact
with the West Bengal State Council of Higher Education constituted under the
West Bengal State Council of Higher Education Act, 1994 (West Ben. Act 37 of
1994), as well as universities and educational or research institutions and
authorities within the country and abroad, in such manner and for such purposes
as the University may determine; (31) to do all such acts as may
be necessary for, or incidental to, the exercise of all or any of the powers of
the University and as may be conducive to the promotion of all or any of the
objects of the University. (1) Notwithstanding contained
elsewhere in this Act or in any other law for the time being in force, with
effect from such date as the State Government may, by notification, appoint in
this behalf (hereinafter referred to in this section as the said date),- (a) all colleges and
educational institutions imparting education in engineering, technology and
management and affiliated to any other university in the State established
under any law of the State of West Bengal- (i) shall be deemed to be
affiliated to the University for such period and subject to such terms and
conditions, if any, as may be imposed by any university to which such college
or institution was affiliated before the said date, until the University issues
directions otherwise, not inconsistent with the provisions of this Act or any
other law for the time being in force, and (ii) shall cease to be
affiliated to the University to which any such college or institution may have
been affiliated before the said date; (b) any Principal, teacher, or
other employee, or any member of the Governing Body, by whatever name called,
or any student, of any such affiliated college or institution, holding, by virtue
of his being such Principal, teacher, or other employee, or member or student,
any office in or under any university or any of the authorities of such
university to which such college or institution was affiliated before the said
date, shall cease to hold such office and the vacancy so caused shall be deemed
to be a casual vacancy for the purposes of the law of the State of West Bengal
under which that university was established; (c) whenever the University
issues directions in addition to the requirements stipulated in sub-clause (i)
of clause (a), the affiliated institution shall be bound to comply with such
terms and conditions as may be incorporated in the directions of the University
within such reasonable time as may be prescribed by the University; (d) the University shall have
power to alter or withdraw the affiliation deemed to have been granted under
this section, if the affiliated institution does not comply with all the terms
and conditions of such affiliation; (e) for the purpose of deemed
affiliation under this sub-section, it shall be competent for the University to
satisfy itself in such manner as it may decide, if an affiliated institution
was validly affiliated to any university established under any Bengal or West
Bengal Act before the said date. (2) Notwithstanding anything
contained in any other law for the time being in force, no college or
institution providing courses of study or programmes of education, research or
training in the field of engineering, technology or management and situated in
West Bengal, but not admitted to the privileges of the University, shall be
admitted to the privileges of any other university except with the prior
approval of the State Government; Provided that nothing in
this sub-section shall, save as otherwise provided in this Act, apply to- (a) any constituent college,
institution, Faculty or Department of any other university or of any
institution for higher education deemed to be a university under Section 3 of
the University Grants Commission Act, 1956 (Act 3 of 1956), directly managed,
controlled and financed by such university or such institution for higher
education deemed to be a university under Section 3 of that Act, or (b) any other college or
institution affiliated to any other university mainly providing courses of
study in subjects other than engineering, technology or management. Explanation.-For the
avoidance of doubt it is hereby declared that the State Government shall decide
whether a college or institution mainly provides courses of study in subjects
other than engineering, technology or management. (1) All recognised teachings in
connection with the degrees, diplomas and certificates of the University shall
be conducted by the Teachers of the University or of any affiliated
institution, as the case may be, under the general control of the General
Council and immediate control of the Executive Council and the Academic
Council. (2) The courses of study, the
curricula and the authorities responsible for organising such teaching shall be
such as may be prescribed. The University shall be
open to persons of either sex and of whatever race, creed, caste or class, and
it shall not be lawful for the University to adopt or impose on any person any
test whatsoever of religious belief or profession in order to entitle him to be
appointed as a Teacher of the University or to hold any office therein or to be
admitted as a student in the University, or to enjoy or exercise any privilege
thereof. There may be such number of
Schools of Studies for the purpose of teaching and research as may be
prescribed. (1) The Governor of the State
of West Bengal shall, by virtue of his office, be the Chancellor of the
University. (2) The Chancellor shall
exercise such powers as may be conferred on him by or under the provisions of
this Act or as may be prescribed. (3) Where power is conferred
upon the Chancellor to make nominations to any authority or body of the
University, the Chancellor shall, to the extent necessary, nominate persons to
represent interests not otherwise adequately represented. (4) Every proposal to confer
any honorary degree shall be subject to confirmation by the Chancellor. (1) 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, libraries and equipment, and
of any institutions maintained by the University, and also of the examinations,
teaching and other work conducted or done by the University, and to cause an
inquiry to be made in like manner in respect of any matter connected with the
administration and finances of the University. (2) The State Government shall,
in every 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
appoint a representative who shall have the right to be present and to be heard
at such inspection or inquiry. (3) The State Government may
address the Vice-Chancellor with reference to the result of such inspection or
inquiry, and the Vice-Chancellor shall communicate to the General Council the
views of the State Government along with such advice as the State Government
may offer on the action to be taken thereon. (4) The General Council shall
communicate through the Vice-Chancellor to the State Government such action, if
any, as it proposes to take, or as has been taken, on the result of such
inspection and inquiry. The following shall be the
officers of the University:- (1) the Vice-Chancellor; (2) the Pro-Vice-Chancellor; (3) the Registrar; (4) the Director of a School of
Studies; (5) the Finance Officer; (6) the Controller of Examinations; (7) such other persons as may
be declared by regulations to be the officers of the University. The following shall be the
authorities of the University:- (1) the General Council; (2) the Executive Council; (3) the Advisory Body; (4) the Academic Council; (5) the Finance Committee; (6) such other authorities as
may be declared by regulations to be the authorities of the University. The Genera] Council shall
be the supreme authority of the University. (1) The Executive Council shall
be the chief executive body of the University. (2) The administration,
management and control of the University and the income thereof shall vest in the
Executive Council which shall control and administer the property and the funds
of the University, subject to the general supervision of the General Council. There shall be an advisory
body of the University consisting of eminent academicians and experts to
provide direction and guidance in the development of various academic
programmes of the University. The Academic Council shall
be the principal academic body of the University and shall have, subject to the
provisions of this Act and the regulations, the control of, and shall be
responsible for, the maintenance of standards of learning, education, instruction,
evaluation and examinations within the University. There shall be a Finance
Committee, which shall take necessary action for proper management and control
of the finance of the University, subject to the overall supervision of the
Executive Council and the General Council. (1) Subject to the provisions
of this Act, the Executive Council shall have, in addition to all other powers
vested in it, the power to make regulations to provide for the administration
and management of the affairs of the University: Provided that the Executive
Council shall not make any regulation affecting the status, powers or
constitution of any authority of the University until such authority has been
given an opportunity of expressing an opinion in writing on the proposed
regulation, and any opinion so expressed shall be considered by the Executive
Council: Provided further that
except with the priorconcurrence of the Academic Council, the Executive Council
shall not make, amend or repeal any regulation affecting all or any of the
following matters:- (a) the constitution, powers
and duties of the Academic Council; (b) the authorities responsible
for organising teaching in connection with the University courses of study and
related academic programmes; (c) the withdrawal of degrees,
diplomas, certificates and other academic distinctions; (d) the establishment and
abolition of Schools of Studies, Departments, halls and institutions as well as
introduction or abolition of courses of study; (e) according affiliation to an
institution who applies for such affiliation or withdrawal of affiliation of an
institution; (f) the institution of
fellowships, scholarships, studentships, exhibitions, medals and prizes; (g) conditions and modes of
appointment of examiners, or conduct or standard of examinations, or any other
course of study; (h) mode of enrolment or
admission of students; (i) determination of
equivalence of any degree, diploma, or certificate of other universities, or
institutions for higher education deemed to be universities under Section 3 of
the University Grants Commission Act, 1956 (Act 3 of 1956), or other institutes
of national importance with the corresponding degree, diploma, or certificate
of the University. (2) The Academic Council shall
have the power to propose regulations on all or any of the matters specified in
clauses (a) to (i) of sub-section (1) and matters connected therewith or
incidental thereto. (3) Where the Executive Council
has rejected any regulation proposed by the Academic Council, the Academic
Council may appeal to the Chancellor, and the Chancellor may direct that the
proposed regulation may be laid before the next meeting of the General Council
for its consideration. The General Council shall send its recommendations to
the Chancellor who may dispose of the matter suitably. (4) All regulations made by the
Executive Council shall be submitted, as soon as may be, to the Chancellor for
approval, and shall come into force on and from such date as the Chancellor may
direct, provided that the Chancellor may withhold assent to the regulations or
remit the same to the Executive Council for reconsideration in the light of the
observations, if any, made by him. (1) The Chancellor may
constitute a Review Commission to review the working of the University and to
make recommendations. (2) The Review Commission shall
consist of not less than three eminent educationists to be appointed by the
Chancellor in consultation with the State Government. (3) The terms and conditions of
appointment of the members of the Review Commission shall be such as the
Chancellor may determine in consultation with the State Government. (4) The Review Commission
shall, after holding such enquiry as it deems fit, make its recommendations to
the Chancellor. (5) The Chancellor may take
such action on the recommendations of the Review Commission as he deems fit. (1) Notwithstanding that the
General Council, the Executive Council, the Academic Council or any other
authority or body of the University is not duly constituted or there is a
defect in its constitution or reconstitution at any time or there is a vacancy
in the membership of any such authority or body, no act or proceedings of such
authority or body shall be deemed to be invalid merely by reason of such
General Council or Executive Council or Academic Council or such other
authority or body being not duly constituted or any defect in the constitution
or reconstitution thereof or the existence of a vacancy or vacancies among its
members. (2) No resolution of any
authority or body of the University shall be deemed to be invalid merely by
reason of any irregularity in the service of notice upon any member thereof,
provided that the proceedings of such authority or body were not prejudicially
affected by such irregularity. No suit, prosecution or
other legal proceedings shall lie against, and no damages shall be claimed
from, the University or the authorities of the University or the
Vice-Chancellor or other officers or the Teachers or any other person in
respect of anything which is in good faith done or purported to have been done
in pursuance of this Act or the regulations. Notwithstanding any thing
contained in this Act or the regulations, and notwithstanding anything
contained in any Bengal or West Bengal Act under which any other university in
the State was established or the Statutes, the Ordinances or the Regulations of
that university, any student of a college or institution which was affiliated
to any such university before the date appointed by notification under
sub-section (1) of Section 6 shall be permitted to complete his or her course
in preparation therefor, and such university shall make arrangement for- (a) the instruction, teaching,
training and holding of examination for such student in such manner and in
accordance with the curricula of study in force in such university for such
period as may be determined by such university in consultation with the
University; (b) the conferment of the
corresponding degree, diploma and other academic distinction of the University
upon the qualified student on the results of such examination. The authorities of the
University may make rules consistent with the provisions of this Act and the
regulations for the conduct of their own business and that of the committees,
if any, appointed by them. (1) The Governor of West Bengal
shall, for the purposes of this section, be the Chancellor of the University,
and shall exercise all the powers conferred on the Chancellor by or under this
Act. (2) Notwithstanding anything
contained in this Act, the first Vice-Chancellor shall be appointed by the
Chancellor in consultation with the Minister from a panel of not less than
three persons recommended by a committee consisting of three members of whom
one each shall be nominated by the Chancellor, the State Government and the
University Grants Commission, the committee being convened by the Secretary to
the Government of West Bengal in the Higher Education Department. The first
Vice-Chancellor shall be appointed on such terms and conditions as the
Chancellor may determine in consultation with the State Government. He shall
hold office for such period as may be determined by the Chancellor from time to
time and such period shall, in no case, exceed four years from the date on which
he assumes office. (3) The first Vice-Chancellor,
in consultation with the State Government and after giving due regard to any
suggestion given by that Government, shall, with the assistance of a committee
consisting of not less than six members nominated by that Government, cause the
first regulations of the University to be made. The first regulations shall,
after the Chancellor has approved the same in consultation with the Minister,
come into force on such date as the Chancellor may appoint. (4) The first regulations of
the University shall remain in force until they are amended or until new
regulations are made under the provisions of this Act. (5) If a vacancy occurs in the
office of the first Vice-Chancellor on or before the expiry of the period of
his office by reason of death, resignation or otherwise, then, the Chancellor
may appoint another person to be the first Vice-Chancellor for the purposes of
this section in the manner and on the terms and conditions provided in
sub-section (2) for any further period, not exceeding in aggregate the period
of four years, which shall include the period served by the first
Vice-Chancellor appointed under that sub-section. (6) (a) There shall be an
Advisory Committee to be constituted by the State Government of which the first
Vice-Chancellor shall be the Chairman. (b) The Advisory Committee
shall consist of the folio wing members:- (i) the first Vice-Chancellor-Chairman; (ii) the Secretary, Higher
Education Department, Government of West Bengal or his nominee, not below the
rank of a Joint Secretary to the Government of West Bengal; (iii) the Secretary, Finance
Department, Government of West Bengal or his nominee, not below the rank of a
Joint Secretary to the Government of West Bengal; (iv) three heads of institutes
of whom- (A) one shall be from an
institute undertaking research in Science, Engineering and Technology, (B) one shall be from an
institute undertaking research in Management, and (C) one shall be from an
institute undertaking research in basic and applied sciences, to be nominated
by the Chancellor in consultation with the Minister; (v) one Principal of an
engineering college or college of technology, to be elected by such Principals
of affiliated institutions from amongst themselves; (vi) three Teachers of
Engineering, Technology and Management of whom two shall be professor and one
shall be a Teacher of the University, other-than a Professor, elected by such
Professors or Teachers other than the Professors, as the case may be, from
amongst themselves; (vii) one person conversant with
the administration of the University, nominated by the Chancellor in
consultation with the Minister; (viii) the Registrar: Provided that where a
Pro-Vice-Chancellor has been appointed under the provisions of this Act, he
shall be a member of the Advisory Committee. (c) The Registrar shall act
as the Secretary of Advisory Committee. (d) All matters of the
Advisory Committee shall be decided by a majority vote: Provided that if there is a
tie of votes, the Chairman shall have a casting vote. (e) The functions of the Advisory
Committee shall be to advise the Chairman of the Committee- (i) in drafting a plan for
implementation of the programme of the University for the purpose of this Act; (ii) in selecting sites of the
University and making necessary arrangements for securing the accommodation,
furniture and equipment and such other things as are deemed necessary; (iii) in formulating the staff
pattern (both teaching and non-teaching) of the University and in prescribing
the qualifications for recruitment of such staff; (iv) in preparing the programme
of teaching and other activities of the University consisting of- (A) the introduction of degree
and post-graduate courses, (B) the preparation of syllabi
of different courses of study, (C) introduction of
post-doctoral courses and undertaking of research activities, (D) the preparation for
granting affiliation to new colleges or institutions, (E) the preparation for
conducting examinations, (F) the prescribing of the
equivalence of examinations, degrees and diplomas of other universities and
institutions and other allied and ancillary matters. (7) Notwithstanding anything
contained in this Act or the regulations, the first Vice-Chancellor shall, in
consultation with the Advisoty Committee and with the previous approval of the
Chancellor and subject to the availability of funds, discharge all or any of
the functions of the University for the purpose of carrying out the provisions
of this Act and the regulations, and, for that purpose, may exercise any powers
or perform any duties, which by this Act or the regulations, are to be
exercised or performed by any authority of the University until such authority
comes into existence in accordance with the provisions of this Act or the
regulations. (8) The vacancy in the office
of a member of the Advisory Committee, except ex officio members,
occurring by reason of death, resignation or otherwise, shall be filled up in
the manner as provided in this section. (9) No act or proceedings of
the Advisory Committee shall be invalid merely by reason of the existence of
any vacancy in the office of its members. (10) The State Government shall,
by notification, appoint a date and on and from such date the General Council,
the Executive Council, the Academic Council and other authorities of the
University shall commence to perform their respective functions and the first
regulations of the University made under sub-section (4) shall deemed to be the
first regulations of the University made under Section 19. (11) On and from the date
appointed under sub-section (9), the provisions of this section shall stand
repealed and, thereupon, the Advisory Committee shall stand dissolved, and the
members thereof shall be deemed to have vacated their respective offices. Notwithstanding anything
contained in the foregoing provisions of this Act, anything done or deemed to
have been done or any action taken or deemed to have been taken or any
appointment made under this Act prior to the date appointed under sub-section
(9) of Section 25 shall, unless it is otherwise provided in this Act, be deemed
to have been validly done or taken or made under this Act, The provisions of this Act
shall have effect notwithstanding anything inconsistent therewith contained in
any other law for the time being in force or in any instrument having effect by
virtue of any law other than this Act. The authorities and the
committees of the University and their composition, powers and functions and
other matters relating to them, the appointment and the powers and functions of
the officers of the University and other matters relating to them, and all
other matters relating to the finances, administration and management of affairs
of the University shall, subject to the provisions of this Act, be as specified
in the Schedule. (1) The General Council, on its
own motion or on the suggestion of the Chancellor or the State Government, may,
with the prior approval of the Chancellor and the State Government, amend the
Schedule either prospectively or retrospectively. The Schedule so amended shall
be published by notification in the Official Gazette. (2) A copy of every
notification made under sub-section (1) shall be laid before the State
Legislature, as soon as may be, after it is made. (1) If, by reason of any
provision of this Act, any difficulty arises in giving effect to the provisions
of Section 25, the first Vice-Chancellor shall refer such difficulty to the
State Government which may make such order or do such thing, not inconsistent
with the provisions of that section, as appears to it to be necessary or
expedient for removing the difficulty. (2) If, on account of any
lacuna or omission in the provisions of this Act, or for any other reason
whatsoever, any difficulty arises as to the First constitution of any authority
of the University under this Act, or otherwise, in giving effect to the
provisions of this Act, the State Government may, as occasion may require, 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 for the time being in force. (3) Notwithstanding anything
contained in sub-section (1) or sub-section (2), no order shall be made under
this section after the expiry of a period of two years from the date on which
this Act comes into force. SCHEDULE (See Section
28.) 1. Definition. -
In this Schedule, unless the context otherwise requires, “clause” means a
clause of this Schedule. 2. General Council.
- (1) The General Council shall
consist of the following members:- (a) the Chancellor-Chairman; (b) the Vice-Chancellor-Vice-Chairman; (c) [7][* * *] (d) the Secretary, Higher
Education Department, Government of West Bengal, or his nominee not below the
rank of a Joint Secretary to the Government of West Bengal; (e) The Secretary, Finance
Department, Government of West Bengal, or his nominee not below the rank of a
Joint Secretary to the Government of West Bengal; (f) the Pro-Vice-Chancellor; (g) the Directors; (h) three persons proficient in
any subject or subjects relating to Science, Engineering, and Technology and
Management, nominated by the Chancellor in consultation with the
Vice-Chancellor, provided that no employee of the University shall be nominated
for the purpose; (i) one person representing the
industry, nominated by the State Government; (j) the Head of each of a
scientific institute, a technology and engineering institute, and a management
institute at the national level, nominated by the Chancellor in consultation
with the State Government; (k) three Professors of the
University, elected by such Professors from amongst themselves; (l) three Teachers of the
University other than professors, elected by such Teachers from amongst
themselves; (m) two Principals of any
affiliated institutions, elected by the Principals of the affiliated
institutions from amongst themselves; (n) three Teachers of any affiliated
institution, elected by the Teachers of the affiliated institutions from
amongst themselves; (o) one officer, elected by the
officers from amongst themselves; (p) one non-teaching employee
of the University, elected by such employees from amongst themselves; (q) one nominee of the
University Grants Commission; (r) one nominee of the All
India Council for Technical Education; (s) the Registrar. (t) [8][one undergraduate student
of University, elected by such students from amongst themselves; (u) one post-graduate student
of University, elected by such students from amongst themselves; (v) one undergraduate student
of affiliated institution, elected by such students from amongst themselves; (w) one post-graduate student
of affiliated institution, elected by such students from amongst themselves; (x) one non-teaching employee
of the affiliated institution, elected by such employees from amongst
themselves.] (2) The Registrar shall act as
the Secretary to the General Council. (3) [9][Subject to provisions of
this Act, the powers and functions of the General Council shall be such as may
be prescribed.] (4) Where a member of the
General Council becomes such member by reason of the office or appointment he
holds (by election or otherwise) or is a nominated member, his membership shall
terminate when he ceases to hold such office or appointment, as the case may
be, or his nomination is withdrawn or cancelled. (5) A member of the General
Council shall cease to be a member if he resigns, or becomes of unsound mind,
or becomes insolvent, or is convicted of a criminal offence involving moral
turpitude, or if a member, other than the Vice-Chancellor, the
Pro-Vice-Chancellor or any employee, accepts a full-time appointment under the
University. (6) A member of the General
Council may resign his office by a letter addressed to the Chancellor, and such
resignation shall take effect as soon as it is accepted by the Chancellor. (7) Any vacancy in the General
Council shall be filled in the prescribed manner and the person appointed,
elected or nominated to fill the vacancy shall hold office for so long as the
member in whose place he is appointed, elected or nominated, as the case may
be, could have held office if the vacancy had not occurred. 3. The Executive
Council.- (1) The Executive Council shall
consist of the following members:- (a) the Vice-Chancellor-Chairman; (b) the Pro-Vice-Chancellor-Vice-Chairman; (c) the Secretary, Higher
Education Department, Government of West Bengal, or his nominee not below the
rank of a Joint Secretary to the Government of West Bengal; (d) The Secretary, Finance
Department, Government of West Bengal, or his nominee not below the rank of a
Joint Secretary to the Government of West Bengal; (e) [10][one of the Directors to be
elected by the full time Professors of the University;] (f) three persons proficient in
the subject relating to Science, Engineering, Technology or Management,
nominated by the Chancellor in consultation with the Vice-Chancellor, provided
that no employee of the University shall be nominated for the purpose; (g) one person representing the
industry, nominated by the State Government; (h) the Head of any institute
undertaking research in Science, Engineering, Technology or Management,
nominated by the Chancellor in consultation with the State Government; (i) one Principal of an
affiliated institution, elected by the Principals of the affiliated
institutions from amongst themselves; (j) two Teachers of affiliated
institutions, elected by such Teachers from amongst themselves; (k) two Professors of the University,
elected by such Professors from amongst themselves; (l) two Teachers of the
University, other than Professors, elected by such Teachers from amongst
themselves; (m) one officer, elected by the
officers from amongst themselves; (n) one non-teaching employee
of the University, elected by such employees from amongst themselves; (o) one nominee from the
University Grants Commission; (p) one nominee of the All
India Council for Technical Education; (q) the Registrar. (2) The Registrar shall act as
the Secretary to the Executive Council. (3) [11][Subject to provisions of
this Act, the powers and functions of the Executive Council shall be such as
may be prescribed.] (4) Where a member of the
Executive Council becomes such member by reason of the office or appointment he
holds by election or otherwise or is a nominated member, his membership shall
terminate when he ceases to hold such office or appointment, as the case may
be, his nomination is withdrawn or cancelled. (5) A member of the Executive
Council shall cease to be a member if he resigns, or becomes of unsound mind,
or becomes insolvent, or is convicted of a criminal offence involving moral
turpitude, or if a member, other than the Vice-Chancellor, the
Pro-Vice-Chancellor or any employee, accepts a full-time appointment under the
University. (6) A member of the Executive
Council may resign his office by a letter addressed to the Chancellor, and such
resignation shall take effect as soon as it is accepted by the Chancellor. (7) Any vacancy in the
Executive Council shall be filled, either by appointment or election or
nomination, as the case may be, of a person by the respective authority
entitled to make the same and the person so appointed, elected or nominated
shall hold office for so long as the member in whose place he is appointed, elected
or nominated could have held office if the vacancy had not occurred. (8) The Executive Council may,
by resolution, delegate to the Vice-Chancellor or any authority (other than the
General Council) or any committee, such of its powers as it may deem fit, subject
to the condition that the action taken by the Vice-Chancellor or such authority
or committee in the exercise of the powers so delegated shall be reported at
the next meeting of the Executive Council. 4. The Academic
Council.- (1) The Academic Council shall
consist of the following members:- (a) the Vice-Chancellor; (b) the Pro-Vice-Chancellor; (c) the Directors; (d) the Heads of the
Departments of the University; (e) three persons, being
experts in the subjects relating to Science, Engineering, and Technology and
Management, nominated by the Chancellor in consultation with the
Vice-Chancellor, provided that no employee of the University shall be nominated
for the purpose; (f) two Principals of
affiliated institutions, elected by such Principals from amongst themselves; (g) two Professors of the
University, elected by such Professors from amongst themselves; (h) two Teachers of the
University, other than Professors, elected by such Teachers from amongst
themselves; (i) one Professor of an
affiliated institution, elected by the Professors of such institutions from
amongst themselves; (j) three Teachers, other than
Professors, of an affiliated institution elected by such Teachers of affiliated
institutions from amongst themselves: (k) [12][one undergraduate student
of University, elected by such students from amongst themselves; (l) one post-graduate student
of University, elected by such students from amongst themselves; (m) one undergraduate student
of affiliated institution, elected by such students from amongst themselves; (n) one post-graduate student
of affiliated institution, elected by such students from amongst themselves.] Provided that not more than
one Professor or a Teacher other than a Professor shall be elected from any
institution. (2) The Academic Council may
co-opt any person for any meeting of the Academic Council. (3) The Registrar shall be the
Secretary to the Academic Council, (4) [13][Subject to provisions of
this Act, the powers and functions of the Academic Council shall be such as may
be prescribed.] 5. The Advisory Council.
- [14][*
* *] 6. The Finance
Committee. – (1) The Finance Committee shall
consist of the following members:- (a) the Vice-Chancellor-Chairman; (b) the Pro-Vice-Chancellor-Vice-Chairman; (c) two persons of whom one
shall be an expert in the management of finance, nominated by the Executive
Council; (d) a nominee of the Government
of West Bengal. (e) [15][the Registrar.] (2) The Finance Officer shall
be the Secretary to the Finance Committee. (3) The Chairman may ask any
employee to attend any meeting of the Finance Committee to assist the Committee
in its deliberation. (4) [16][Subject to provisions of
this Act, the powers and functions of the Finance Committee shall be such as
may be prescribed.] [17][6-A. General provisions governing term
of office of member of authorities of University.- (1) Save as otherwise provided
in sub clause (4), an elected or nominated member of any authority or body of
the University referred to in Section 13 of this Act (hereinafter referred to
as the "authority") 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 elections and nominations under this Act, the said period of four years
shall commence from the date of the first meeting of the authority held after
such elections and nominations. (2) The term of office of
members other than ex o icio members of the authority 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 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 clause. (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.] 7. Selection
Committee.- (1) The Executive Council shall
constitute a Selection Committee for making recommendations to the Executive
Council for appointment to the posts of Teachers of the University. (2) The Selection Committee
shall consist of the following members:- (a) the Vice-Chancellor, who
shall be the Chairman of the Selection Committee; (b) the Head of the Department
concerned, if any, provided he holds a post not lower than the level of the
post for which the selection is to be made; (c) three experts, nominated by
the Vice-Chancellor from amongst a panel of six names recommended by the
Academic Council and approved by the Executive Council; (d) an expert to be nominated
by the Chancellor. (3) The Registrar shall be the
convenor of the Selection Committee, (4) If an endowment from a
donor is accepted by the University for instituting a Chair, the donor may be
co-opted as a member of the Selection Committee for the purpose of filling up
of that Chair. (5) Three members of the
Selection Committee, of whom one shall be an expert, shall form the quorum for
a meeting of the Committee. 8. Manner of
election to the authorities or bodies of the University.- The manner of election of a
member to any authority or body of the University shall be such as may be
prescribed, provided that no part-time Teacher or officer or employee shall be
entitled to stand for an election to such authority or body or to vote in such
election. 9. The
Vice-Chancellor.- (1) The Vice-Chancellor shall
be appointed by the Chancellor in consultation with the Minister from a panel
of not less than three persons recommended by a committee consisting of three
members, of whom two shall be nominated by the Executive Council and one shall
be nominated by the State Government. The Registrar shall be the convenor of
the committee. No person, who is an employee or a member of any authority of
the University, shall be nominated to be a member of the committee. (2) (a) The Vice-Chancellor
shall hold office for a term of four years or till he attains the age of
sixty-five years, whichever is earlier, and shall be eligible for reappointment
for another term of four years or till he attains the age of sixty-five years,
whichever is earlier. (b) The Chancellor may,
notwithstanding the expiration of the term of the office of the Vice-Chancellor
or his attaining the age of sixty-five years, allow him to continue in office
till a successor assumes office, provided that he shall not continue as such
for any period exceeding six months. (3) The Vice-Chancellor shall
be a whole-time officer of the University and shall be paid from the University
Fund such salary and allowances as the Chancellor may decide. (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
reasons 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 or otherwise,then, during the period of such temporary
inability or pending the appointment of a Vice-Chancellor, as the case may be, the
Pro-Vice-Chancellor shall 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 or otherwise shall be filled up by appointment of a
Vice-Chancellor in accordance, with the provisions of sub-clause (1) within a
period of six months from the date of occurrence of the vacancy, and such
period shall be held to include any period for which a Vice-Chancellor is
allowed to continue in office under item (b) of sub-clause (2), or the
Pro-Vice-Chancellor exercises the powers and performs the duties of the
Vice-Chancellor under sub-clause (5). 10. Powers and
duties of the Vice-Chancellor.- (1) The Vice-Chancellor shall
be the principal executive and academic officer of the University and shall, by
virtue of his office, be a member and the Chairman of the Executive Council and
the Academic Council and shall also be the Chairman of any other authority or
body of the University of which he may be a member except as otherwise provided
in this Act or the regulations. 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 Executive Council 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 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 other employees of the
University and 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. (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 as 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 Executive Council,
if the authority or body concerned is other than the General Council or the
Executive Council, or to the General Council if the authority is the Executive
Council, or to the Chancellor, if the authority is the General Council. The
decision of the Chancellor or the General Council or the Executive Council, as
the case may be, shall be final. (7) The Vice-Chancellor may,
subject to the prior approval of the Executive Council, delegate any of his
powers to any other officer subordinate to him. 11. The Pro-Vice-Chancellor.- (1) The Pro-Vice-Chancellor
shall be appointed by the Chancellor in consultation with the Minister and the
Vice-Chancellor. (2) (a) The Pro-Vice-Chancellor
shall hold office for a term of four years or till he attains the age of
sixty-five years, whichever is earlier, and shall be eligible for
re-appointment for another term of four years or till he attains the age of
sixty-five years, whichever is earlier. (b) The Chancellor may,
notwithstanding the expiration of the term of the office of the Pro-Vice-Chancellor
or his attaining the age of sixty-five years, allow him to continue in office
till a successor assumes office, provided that he shall not continue as such
for any period exceeding six months. (3) The Pro-Vice-Chancellor
shall be a whole-time officer of the University and shall be paid from the
University Fund such salary and allowances as the Chancellor may decide. (4) The Pro-Vice-Chancellor may
resign his office by writing under his hand addressed to the Chancellor through
the Vice-Chancellor. (5) If- (a) the Pro-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 Pro-Vice-Chancellor by reason of death, resignation or expiry of
the term of his office or otherwise, Then, during the period of such temporary
inability or pending the appointment of a Pro-Vice-Chancellor, as the case may
be, the senior Director shall exercise the powers and perform the duties of the
Pro-Vice-Chancellor. (6) The vacancy in the office
of the Pro-Vice-Chancellor occurring by reason of death, resignation or expiry
of the term of his office or otherwise shall be filled up by appointment of a
Pro-Vice-Chancellor in accordance with the provisions of sub-clause (1) within
a period of six months from the date of occurrence of the vacancy, and such
period shall be held to include any period for which a Pro-Vice-Chancellor is
allowed to continue in office under item (b) of sub-clause (2) or the senior
Director exercises the powers and performs the duties of the
Pro-Vice-Chancellor under item (b) of sub-clause (5). 12. Powers and
duties of the Pro-Vice-Chancellor.- (1) The Pro-Vice-Chancellor
shall be an administrative and academic officer of the University and shall, by
virtue of his office, be a member of the General Council, the Executive Council
and the Academic Council and shall also be the member of any other authority or
body of the University. 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, if the Vice-Chancellor considers it necessary but shall
not be entitled to vote thereat. (2) Subject to the general
control of the Vice-Chancellor, the Pro-Vice-Chancellor shall exercise such
powers and discharge such duties as may be delegated to him by any authority or
body of the University or as may be prescribed. 13. Director.- Every Director shall be a
Professor of the University and shall be appointed in such manner, and on such
terms and conditions, as may be prescribed. 14. The Registrar,
the Finance Officer, and the Controller of Examinations.- The Registrar, the Finance
Officer and the Controller of Examinations shall be appointed in such manner
and on such emoluments and other conditions of service, and shall exercise such
powers and perform such functions, as may be prescribed: Provided that till such
time as the Registrar, the Finance Officer, or the Controller of Examinations
is not appointed by the University in the manner prescribed, the State
Government shall have the power to recommend the name of a person for
appointment as Registrar, or Finance Officer, or Controller of Examinations, as
the case may be, and to specify the terms and conditions of such appointment,
and the University shall appoint such person as the Registrar or the Finance
Officer or the Controller of Examinations, as the case may be, on such terms
and conditions. 15. Other Officers.- The manner of appointment,
and the emoluments, powers and duties, of other officers shall be such as may
be prescribed. 16. Fund of the
University.- (1) The University shall have a
fund to be called the University Fund to which shall be credited- (a) its income including the
fees and endowments; (b) contributions or grants
which may be made by the Central Government or the State Government or the
Government of any other State or the University Grants Commission or the All
India Council for Technical Education on such conditions as it may impose; (c) any other contributions or
grants or loans raised; (d) amount received from any
other source, (2) The amount in the
University Fund shall be kept in a scheduled bank as defined in the Reserve
Bank of India Act, 1934, or a corresponding new bank as defined in the Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970, or the Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1980, or may be
invested in such securities authorised by the Indian Trusts Act, 1882, as may
be decided by the Executive Council: Provided that no amount
received from the Central Government or the State Government or the Government
of any other State or the University Grants Commission or the All India Council
for Technical Education shall be invested in the securities as aforesaid or
diverted for other purposes without the prior approval of the Central
Government or the State Government or the Government of any other State or the
University Grants Commission or the All India Council for Technical Education,
as the case may be. (3) Whenever the University
receives funds from any Government or the University Grants Commission or the
All India Council for Technical Education or any other source, sponsoring a
scheme to be executed by the University, then notwithstanding anything
contained in this Act or the regulations,- (a) the fund so received shall
be kept by the University separately from the University Fund and shall be
utilized only for the purposes of such scheme; and (b) the staff required to
execute such scheme shall be recruited in accordance with the terms and
conditions stipulated by such Government or the University Grants Commission or
the All India Council for Technical Education or source, as the case may be,
specially for such scheme. 17. Annual accounts and
audit- (1) The annual accounts of the
University shall be prepared under the directions of the Executive Council. (2) The accounts of the
University shall, at least once in a year, be audited by the auditors appointed
by the Executive Council. (3) The accounts, when audited,
shall be published by the Executive Council, and a copy of the accounts
together with the audit report shall be placed before the Executive Council and
shall also be submitted to the State Government. The State Government may also
require the University to get the annual accounts audited by such audit or as
it may direct. (4) The annual accounts shall
be considered by the General Council at its annual meeting. The General Council
may pass resolutions with reference thereto and communicate the same to the
Executive Council. The Executive Council shall consider the suggestions made by
the General Council and take such action thereon as it thinks fit. The
Executive Council shall inform the General Council at its next meeting all
actions taken by it or the reasons for not taking any action. 18. Financial
estimates.- (1) The Executive Council shall
prepare, before such date as may be prescribed, the financial estimates for the
ensuing financial year and place the same before the General Council. (2) The Executive Council may,
in the case where an expenditure in excess of the amount provided in the budget
is to be incurred or in the case of urgency, for reasons to be recorded in
writing, incur expenditure, subject to such conditions and restrictions as may
be prescribed. Where no provision has been made in the budget in respect of
such excess expenditure, a report shall be made to the General Council at its
next meeting. 19. Annual report.- (1) The Executive Council shall
prepare the annual report containing such particulars as the General Council
may specify, covering each financial year, and submit it to the General Council
on or before such date as may be prescribed. The General Council may pass
resolutions thereon and the Executive Council shall take action in accordance
therewith. The action taken shall be intimated to the General Council. (2) A copy of the annual report
and a copy of the resolution of the General Council thereon shall be submitted
to the State Government. The State Government shall lay the annual report and
the resolution as aforesaid before the State Legislature as soon as may be
after they are received. 20. Letter of
appointment of employees.- Every employee shall be
appointed under a written contract and shall be provided with a letter of
appointment containing the terms and conditions of his appointment. 21. Discipline.- (1) The final authority
responsible formaintenance of discipline among the students of the University
shall be the Vice-Chancellor. His direction in that behalf shall be carried out
by the officers and Heads of Departments, hostels and institutions. (2) Notwithstanding anything
contained in sub-clause (1), the punishment of debarring a student from any
examination subsequent to an earlier examination or rustication from the
University or any hostel recognised by the University or any institution
affiliated to the University shall, on the report of the Vice-Chancellor, be
considered and imposed by the Executive Council: Provided that no such
punishment shall be imposed without giving the student concerned an opportunity
of being heard. 22. Withdrawal of
distinction, degree, diploma or privilege.- (1) The General Council may, on
the recommendation of the Executive Council and by a resolution passed by the
majority of the total membership of the General Council and by a majority of
not less than two-thirds of the members of the General Council present and
voting at the meeting, withdraw any distinction, degree, diploma or privilege
conferred on, or granted to, any person, if such person has been convicted by a
court of law for an offence, which, in the opinion of the General Council,
involves moral turpitude or if he has been found guilty of gross misconduct. (2) No action under sub-clause
(1) shall be taken against any person unless he has been given an opportunity
of being heard. (3) A copy of the resolution
passed by the General Council shall immediately be sent to the person
concerned. (5) Any person aggrieved by a
decision of the General Council under sub-clause (1) may appeal to the
Chancellor within thirty days from the date of receipt of such resolution. (6) The decision of the
Chancellor on such appeal shall be final. 23. Eligibility for
admission of students.- No student shall be
eligible for admission to a course of study for a degree or diploma, unless he
possesses such qualifications as may be prescribed. 24. Honorary degree.- If not less than two-thirds
of the members of the Academic Council recommends conferment of an honorary
degree or academic distinction on any person on the ground that he is, in their
opinion, by reason of eminent attainment and position, fit and proper to
receive such honorary degree or academic distinction, the Academic Council may,
by a resolution, decide that such honorary degree or academic distinction, as
the case may be, may be conferred on such person, subject to confirmation by
the Chancellor. 25. Pension and
provident fund.- The pension and provident
fund of, and any other terminal benefit to, the officers, Teachers and other
employees of the University shall be such as may be decided by the University: Provided that any provident
fund instituted by the University for the benefit of its officers, Teachers and
other employees shall be governed by the provisions of the Provident Funds Act,
1925 (Act 19 of 1925), as if such fund were a Government Provident Fund, and
the Executive Council shall have the power to make regulations, not inconsistent
with the provisions of this Act, for the administration of the fund. [1] Assent of the
Governor was first published in the Calcutta Gazette, Extraordinary, of the
20th July, 2000. [2] Subs. for “West
Bengal University of Technology” by West Bengal Act 4 of 2015, S. 2 (w.e.f.
6-4-2015). [3] Subs. for “West
Bengal University of Technology” by West Bengal Act 4 of 2015, S. 3 (w.e.f.
6-4-2015). [4] Subs. for “West
Bengal University of Technology” by West Bengal Act 4 of 2015, S. 3 (w.e.f.
6-4-2015). [5] Subs. for “West
Bengal University of Technology” by West Bengal Act 4 of 2015, S. 3 (w.e.f.
6-4-2015). [6] Subs. by West Bengal
Act 16 of 2008, S. 2 (w.e.f. the date to be notified). Prior to substitution it
read as: “(24)
to regulate the expenditure and manage the accounts of the University so as to
make it self-financing as far as possible;” [7] Omitted by West
Bengal Act 16 of 2008, S. 3(1)(a)(i) (w.e.f. the date to be notified). Prior to
omission it read as: “(c)
the Chairman of the Advisory Council;” [8] Ins. by West Bengal
Act 16 of 2008, S. 3(1)(a)(ii) (w.e.f. the date to be notified). [9] Subs. by West Bengal
Act 16 of 2008, S. 3(1)(b) (w.e.f. the date to be notified). Prior to
substitution it read as: “(3)
Subject to the provisions of this Act, the term of office of the members and
the powers and functions of the General Council shall be such as may be
prescribed.” [10] Subs. by West Bengal
Act 16 of 2008, S. 3(2)(a) (w.e.f. the date to be notified). Prior to
substitution it read as: “(e)
one of the Directors nominated by the Chancellor in consultation with the
Vice-Chancellor;” [11] Subs. by West Bengal
Act 16 of 2008, S. 3(2)(b) (w.e.f. the date to be notified). Prior to
substitution it read as: “(3)
Subject to the provisions of this Act, the terms of office of the members and
the powers and functions of the Executive Council shall be such as may be
prescribed.” [12] Ins. by West Bengal Act 16 of 2008, S.
3(3)(a) (w.e.f. the date to be notified). [13] Subs. by West Bengal
Act 16 of 2008, S. 3(3)(b) (w.e.f. the date to be notified). Prior to
substitution it read as: “(4)
Subject to the provisions of this Act, the terms of office of the members, and
the powers and functions, of the Academic Council shall be such as may be
prescribed.” [14] Omitted by West Bengal Act 16 of 2008, S.
3(4) (w.e.f. the date to be notified). Prior to omission it read as: “5.
The Advisory Council.-(1) The Advisory Council shall consist of the following
members:- (a)
a distinguished Scientist or Technologist, nominated by the
Chancellor-Chairman; (b)
the Vice-Chancellor-Vice-Chairman; (c)
the Pro-Vice-Chancellor; (d)
three persons expert in the subjects of study relating to Science, Engineering,
Technology or Management, nominated by the Chancellor in consultation with the
Chairman of the Advisory Council: Provided
that of the three persons to be nominated, at least one shall belong to any
organization outside West Bengal; (e)
two persons representing the industry, nominated by the State Government; (f)
Heads of two national research institutes undertaking academic activities in
the field of Science, Engineering, Technology or Management, nominated by the
Chancellor in consultation with the Minister; (g)
the Secretary, Department of Science and Technology, Government of India, or
his nominee; (h)
the Director-General, Council of Scientific and Industrial Research, or his
nominee; (i)
the Scientific Advisor to the Ministry of Defence, Government of India, or his
nominee; (j)
the Secretary, Department of Bio-Technology, Government of India, or his
nominee; (k)
the Secretary, Department of Electronics (or Information Technology),
Government of India, or his nominee; (l)
the Chairman, Indian Science and Research Organization, or his nominee. (2)
The Registrar shall act as the Secretary to the Advisory Council. (3)
The Advisory Council may co-opt as many persons as it may consider necessary to
be its members in a particular meeting. (4)
Subject to the provisions of this Act, the term of office of the members, and
the powers and functions, of the Advisory Council shall be such as may be
prescribed.” [15] Ins. by West Bengal
Act 16 of 2008, S. 3(5)(a) (w.e.f. the date to be notified). [16] Subs. by West Bengal
Act 16 of 2008, S. 3(5)(b) (w.e.f. the date to be notified). Prior to
substitution it read as: “(4)
Subject to the provisions of this Act, the term of office of the members, and
the powers and functions, of the Finance Committee shall be such as may be
prescribed.” [17] Ins. by West Bengal
Act 16 of 2008, S. 3(6) (w.e.f. the date to be notified).[West
Bengal Maulana Abul Kalam Azad University of Technolog Act, 2000][1]