WEST BENGAL PRE-UNIVERSITY, UNIVERSITY ENTRANCE AND
THREE-YEAR DEGREE COURSE (DISCONTINUANCE OF ADMISSION FOR PROSECUTION OF STUDY)
ACT, 1978 THE WEST BENGAL PRE-UNIVERSITY, UNIVERSITY ENTRANCE AND THREE-YEAR DEGREE
COURSE (DISCONTINUANCE OF ADMISSION
FOR PROSECUTION OF STUDY) ACT, 1978 [Act No. 8 of 1978] [27th March, 1978] An Act to provide for the discontinuance of admission of students
for prosecution of study in the Pre-University course, University Entrance
course and Three-Year degree course as in force during the academic year
beginning on the first day of June, 1977, in West Bengal. Whereas it is expedient in
the public interest to provide for the discontinuance of admission of students
for prosecution of study in the Pre-University course, University Entrance
course, and Three-Year degree course as in force during the academic year
beginning on the first day of June, 1977, in West Bengal and for matters
connected therewith or incidental thereto; It is hereby enacted as
follows:- (1) This Act
may be called the West Bengal Pre-University, University Entrance and
Three-Year Degree Course (Discontinuance of Admission for Prosecution of Study)
Act, 1978. In this Act, unless the
context otherwise requires,- (a)
"academic year" means,- (i)
in relation to the college or university, a period of twelve
months beginning on the first of June, (ii)
in relation to an institution imparting instruction for Higher
Secondary course, a period or twelve months beginning on the first day of July; (b)
"Board" means the West Bengal Board of Secondary
Education established under the West Bengal Board of Secondary Education Act,
1963; (c)
"college" means a college affiliated to a University and
includes a constituent college, a Government sponsored college and a Government
college; (d)
"constituent college" means a college recognised as such
by a University and includes a Government college; (e)
"Council" means the West Bengal Council of Higher
Secondary Education established under the West Bengal Council of Higher
Secondary Education Act, 1975; (f)
"Governing Body", in relation to a college, means the
managing committee or any other body charged with the management of the affairs
of that college and recognised as such by the University to which such college
is affiliated; (g)
"Government college" means a college maintained and
managed by the State Government; (h)
"Government sponsored college" means a college declared
by the State Government as such; (i)
"Higher secondary course", in relation to the Council,
means the course of study leading to a certificate of the Council; (j)
"Higher Secondary Examination", in relation to the
Board, means the examination instituted by the Board under clause (f) of
sub-section (2) of section 27 of the West Bengal Board of Secondary Education
Act, 1963; (k)
"institution" means a Higher Secondary School or an
educational institution imparting instruction for Higher Secondary course and
includes a college or a unit or department of a college or institution
imparting such instruction; (l)
"Pre-University course" means a course of study leading
to a certificate of a university, the conferment of which on a student
qualifies him for admission to diploma or degree course instituted by such
University or by the Government or by a Statutory Body; (m)
"three-year degree course" means a course of study for a
period of three academic years of a University leading to a degree of such
University; (n)
"University" means any of the Universities constituted
or established, as the case may be, under- (i) the Jadavpur University Act, 1955,
(ii) the Burdwan University Act, 1959, (iii) the Kalyani University Act, 1960,
(iv) the North Bengal University Act, 1961, (v) the RabindraBharati Act, 1961,
and (vi) the Calcutta University Act, 1966; (o)
"University Entrance course" means a course of study
leading to a certificate of a University, the conferment of which on a student qualifies him for admission
to a diploma or degree course instituted by such University or by the
Government or by a Statutory Body. Notwithstanding anything to
the contrary contained in the Jadavpur University Act, 1955, the Burdwan
University Act, 1959, the Kalyani University Act, 1960, the North Bengal
University Act, 1961, the RabindraBharati Act, 1961, or the Calcutta University
Act, 1966, or the Statutes, the Ordinances, the Regulations or the rules made
thereunder, or the West Bengal Board of Secondary Education Act, 1963, or the
West Bengal Council of Higher Secondary Education Act, 1975, or in any
direction of the State Government thereunder,- (a)
admission of students by a college for prosecution of study in the
Pre-University course or the University Entrance course, as the case may be, of
a University shall be, and shall be deemed to have been, discontinued with
effect from the academic year beginning on the first day of June, 1977; (b)
students admitted for prosecution of study in the Pre-University
course or the University Entrance course, as the case may be, of a University
during the academic year beginning on the first day of June, 1977, by a college
in which instruction is also provided for Higher Secondary course of the
Council, shall be transferred by such college for prosecution of study in the
first year (class XI) stage of such Higher Secondary course; if such transfer
by such college requires any relaxation of the limit of enrolment of students
for prosecution of study in such Higher Secondary course, such relaxation shall
be granted by the Council on application by such college; (c)
students admitted for prosecution of study in the Pre-University
course or the University Entrance course, as the case may be, of a University
during the academic year beginning on the first day of June, 1977, by a college
in which instruction is not provided for Higher Secondary course of the
Council, shall be readmitted by such college for prosecution of study in the
first year (class XI) stage of such Higher Secondary course and for this
purpose such college shall apply for recognition of the Council and upon such
application the Council shall grant such recognition; (d)
students who have passed the Higher Secondary Examination of the
Board or the Pre-University Examination or the University Entrance Examination,
as the case may be, of a University or an equivalent examination considered as
such by such University but have not taken admission for prosecution of study
in the three-year degree course of any such University and students who will
pass any such examination shall, subject to such conditions as may be imposed
by the Council in this behalf and for a period of two years from the academic
year beginning on the first day of July, 1977, be eligible for admission for
prosecution of study in the second year (class XII) stage of the Higher
Secondary course of the Council; (e)
admission of students by a college or University for prosecution
of study in the first year stage of such three-year degree course as in force
during the academic year beginning on the first day of June, 1977, shall, with
effect from the academic year beginning on the first day of June, 1978, be
discontinued. Notwithstanding anything to
the contrary contained in the Jadavpur University Act, 1955, the Burdwan
University Act, 1959, the Kalyani University Act, 1960, the North Bengal
University Act, 1961, the RabindraBharati Act, 1961, or the Calcutta University
Act, 1966, or the Statutes, the Ordinances, the Regulations or the Rules made
thereunder, or the West Bengal Council of Higher Secondary Education Act, 1975
or the rules made thereunder, if, in any college, there is a separate unit for
providing instruction for Higher Secondary course of the Council, such unit
shall function as an integral part of such college under the one and the same
Governing Body of such college: Provided that such
integration shall not affect the powers and functions of the Council in respect
of Higher Secondary Education enumerated in clauses (a) to (k) and (p) of
sub-section (2) of section 21 of the West Bengal Council of Higher Secondary
Education Act, 1975. Explanation-"Higher
Secondary Education" shall have the same meaning as in the West Bengal
Council of Higher Secondary Education Act, 1975. The State Government may
from time to time give such direction, not inconsistent with the provisions of
this Act, to an institution as may be necessary for carrying out the purposes
of this Act. If any difficulty arises in
giving effect to the provisions of this Act, the State Government may, by order
not inconsistent with the provisions of this Act, remove the difficulty. (1)
The West Bengal Pre-University, University Entrance and Three-Year
Degree Course (Discontinuance of Admission for Prosecution of Study) Ordinance,
1978, is hereby repealed. (2)
Anything done or any action taken under the West Bengal
Pre-University, University Entrance and Three-Year Degree Course
(Discontinuance of Admission for Prosecution of Study) Ordinance, 1978, shall
be deemed to have been validly done or taken under this Act as if this Act had
commenced on the 13th day of January, 1978.
Preamble - THE WEST BENGAL PRE-UNIVERSITY, UNIVERSITY ENTRANCE AND
THREE-YEAR DEGREE COURSE (DISCONTINUANCE OF ADMISSION FOR PROSECUTION OF STUDY)
ACT, 1978PREAMBLE