Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o...

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DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Calcutta University Act, 1979 Act 38 of 1979 Keyword(s): Affiliated, Calcutta, Calcutta University Students Union, Constituent College, Convocation, Hall, Hostel, Librarian, Non-teaching Staff, Principal, Professional Subject, Registered Graduate, Statutes, Ordinances, Students, Teacher, Teacher of the University, The University, Tripura Council, University Laboratory, University Professor Amendment appended: 12 of 2011

Transcript of Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o...

Page 1: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions

DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document.

The Calcutta University Act, 1979

Act 38 of 1979

Keyword(s):

Affiliated, Calcutta, Calcutta University Students Union, Constituent College, Convocation, Hall, Hostel, Librarian, Non-teaching Staff, Principal, Professional Subject, Registered Graduate, Statutes, Ordinances, Students, Teacher, Teacher of the University, The University, Tripura Council, University Laboratory, University Professor

Amendment appended: 12 of 2011

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West Bengal Act XXXVlIL of 197gL

THE CALCUTTA UNIVERSITY ACT, 1979.

Wcsr Bell. Acr XLlV or 1980.

Wcsl Bea, Act XXlI of 19S3.

West Bcn. Acl XXV of 1983. Wcsl Hen. ACL X X or 1986.

W e s ~ Ben. Act X of 1987.

Wesr Ben. Act VlI1 of 19X8.

Wesi Bcn. Acl XXlII of 1990.

West Ben, Act XVI of 1992. -

AII Act topru~~ide for. the r e c n ~ ~ . r ~ i f r ~ ~ i o ~ i of rlrc U~riversirjr of C c t [ c v ~ ~ n

a~rcl Jut- ccerroitl IIICI1ICT.F ~ I I C . ~ ( ~ L ~ I I I I I ~ I ~ I C ' I ' ~ > I U nr~d cor~r~ccfed ~Ircr~e~li~lr.

Wt~~nms i t is expcdienl lo reconstilure ihe University or Calcu~ta Lo cnahle i l lo function more eificienlly as a Univcrsily e ~ ~ c o u r a p i ~ ~ g nnd providing for instruclion, leachi~~g. raining and research in various branches or learning and courses or study, promoling advancement and disseminalio~~ of k~lowledgcand learning, and extending higher education, 10 ~neer [he growing needs of society and to make rhc constiru~ion of various au thori~ies or bodies of t hc Universi~y more dcrnocralic;

I t is hcreby enacted in rhc Thirlietli Ycar of the Rcpublic of India, by lhe Lcgislalure 01 W e s ~ Bcngal, as ro1lows:-

, ,

CHAPTER I

I . (1) This Act mlry be cnllcd \be Cnlcuttn University Acl, 1979, Shon ~izlc and

(2) This sec~ion and scclion 59 shall come in10 rorce ni once; and COmmmCCC-

mcnl. rhc remaining provisions or this Act sl~all collie in10 furce on suctl dnte or dares ns [he S13tc Govemmcnt may. by no[ificaiion in the Oflcir~l GII:EI I~, appoitll. and diifetenl dates may be appointed for diffcrenl provisions of lhis Act.

- - - -

'For Sr;itc~ncni of Objccu; and Kcmns. SCC ihc Culrrrrtfl Ga:c~rc. E~lraorrlirra~. Pa11 1V nT thc 21st March, 1979, p a p 583: for rcporl of I I I C Sclccl Com~nirtcc. SPC I ~ C rcpan or rhnl Commir~cc prcscnrcd bcforc ihc Assembly on the 1Y11i Scprcnibcr, 1979, inr procccdings o i ihc Wcst Acngnl Lcgiqlarive Assembly. rrt. thc pro- cccdings of rhc mcciings ol~liat Astrnhly hcId on llic 3rd April. 1979 and 19th Scp1clnbcr, IY79

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Tl~e Crrlcrrtfn U)live~:~iry Acr. 1979.

Dclinilionc. 2. In this Act, uilless [here is at~yt l l i t~g repugnnnr in rlle subjecr or conlex1,-

(I) "zlffiliared" i \ ~ 1.elati011 lo n college or an instilurion mcirns arlilia~ed rn the U~~iversi ty of Cnlcu[ra as coiistitutcd prior to [fie appoinled day n~td contiiiuing us such in~rnediarely before such diry o ~ , 3rfili:ktcd Lo lhe Universiry under [his Acl;

(2) "appoinled day" mceos ~ h c date rcrcrrcd ro in sub-seclion (5) of scclion 59;

. .

(3) "Calcutln" Inenns Calcurra as dcfiilcd in the Calculrn Wcsr Dcn. Acr XXXlll . .

Municipal Acl. 195 I . cxoluding thc nrca referred ro in clause 1951, (2) o f scclion 5 or thc Jadavpur Utiiversily Act, 1955; 'VCS~ Bell.

Acr XXXlIl of 1955.

(4) "Calzurrn U~liversily Sludenls' U~I~OII" mc:m Ihe siudents' iinioti rrcognizcd ;IS such by rhc University;

(5) "cotlstitucnr collcge" mc;uis un alfilialed college in which insrruction is provided, under prescribed condirions, For honours as well ;a for posl-gruduzltc courses 01' s~iidy, and ~vhich is rccognizcd uuder lliis Ac l as a constirucnr collcge:

Provided ~lial. ir in any profzssional subject no honours courses orslurly hnvc bccn p~,excri bed. a professioni~l collcge may be a cons~i[uent college aIlhougl~ no ins~ruction is providcd in that college for Ilonours courses ors~udy in rhai subjecl;

(6) "convoca~ion" meiins a meeling or r l~c Scnare [or h e purpose of con rerriug degrees, lirles. diplomas. ccrli ricates or olher acade~nic dislinclions;

(7) "eniployee" in rclution lo rhc Univcrsiry mealis n person ol l~er illan n Tznchcr or :m orricer, cinpIoyed by thc Ui~iversily;

(8) "finnacial ycar" Incans [he year ending on [be 31sl day of Marcll;

(9) "Governmenr College" mcans a collcgc nlain~ained and ~nanaged by ~ h c Sli~Lc Govcrnrncn~:

( 1 0) "Go\~ernor" nicuns rhc Governor of rhe Sraie or Wesi Bcngal;

(11) "hall" inenns a UII~I of residence or siudcnls nuinrained by [he Univcrsily;

(12) "hos~el" mcans a unit o f residence for students, not mainpained by [be Universily bul rccognised under this Acl as ;I ~ O S I C ~ ;

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(:I) in rcI:~~ior~ 10 the Utliversi~y, a I-ibrarian or ally olher pcrson I ~ o t d i ~ ~ g n posr of 1,ibrarinn. by wha~cvcr n:unc called. appoinred or rccognizcd as such by rhc University, and

(b) i n relation to a collcgc 3rLlintcrl to the Univcrsity, a

Librariau or any olher pcrson holdii~g a posr of Libmrian. by wliarevcr nanlc ci~lled. ilppoinlcd or

recognized by thc Univcrsity or appojntcd by such collcgc;

(14) "Minisre? means ~ h c Minislcr-in-churgc of HighcrEducu~ion appointed as such by the Governor;

(a) i n rela~ion LO he Universily, [he non-leaching staff, not holding any ~cnching pus1 (including par[-~imc tcacliing post), appointed orrccognizcd as such by thc Univcrsily, and

(b) in relarion to an :~C(iliil~cd collcgc, rhc nun-leaching s~ilrf , not holdii~g ;my teaching p o s ~ (including parr-

Line reaching post), nppoinred 01- rccngnized by be Univcrsity or appoilltcd by such uollcgc. but does 1101

include n Librarian:

(16) "prcscribcd" nlcans prcscribcd by Slntutcs or Ordinances or Rcg~~la~ions:

(17) "Principal" means [he head or a college or of a11 inslitu~ion.

by wlia~ever name called;

( I X ) "professional collcge" mcails a Universiry College or an nffilinred college it) wliicll inslrucriotl is provided primarily for courses of sludy leading lo any degree. diploma or cerlitica[e or lhe University in any professional subjcct and

which is rzcognized under this Act as a professional collegc;

(19) "proTessio~~nl subjec~" nlznns any 01 [he rollowing subjccts namely, law, medicine, dental science, homoeopalhy, ayurved, enginceriiig. rcncticrs' training, l e c l ~ ~ ~ o l o g y , ngricul[ure, joumalisnl, mnnagcrncnt. studies or such other subjcct as may bc prcscribcd by regulations;

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The CaIctrlla Univcrxity Act, 1979.

[West Ben. Acl

(20) "rcgisrcrcd graduntc" means a grnduaie registered undcr (his Act, a\ Icast Lhree months prior to rhe dale or election of members lo the Sennrc, on applicariori in [he prescribed form and on paymenl of a FCC of rupee one and includes a sraduale registered undcr the Calculta Univcrsity Acr, 1904, or under thc Calcurra University Acl, 1951, or under r t ~ e Calculta Ulliversi~y Act. 19615:

Providcd that no person shall bc cligible lo be regisrcrcd under this Act llnlcss he 113s graduated himsell rron~ the Universily a1 lcast ~ h r e e ycilrs prior to the dale of elec~ion of members lo [he Senatc;

(21) "Slatules", "Ordinances", and "Regularions" mean, respecrivel y, [he Srat uics, Ordinances and Regulations made under this Act, and lhey shall bc deemed to be rules within [he meaning or clause (36) ol' seclion 3 of the Bengal General Clnuscs Acl, 1899;

(22) "St~tdcnls' Union" i n relalion lo an undcrgraduare college means h c studenrs' union recognircd as such by such collcge;

(23) "Teacher" mcilns a Professor, Readcr, Pril~cipal, Lecturer, Dernonslra~or, Tulor or any olber pcrson. holding a Leaching pos~ includitlg n part-lime [caching post, appointed or recognized by the Univcrsi~y or appoinled by an afliljarcd college or instilulion;

(24) "Teacher of the Universily" means a Professor. Reader, Lcc~urer or any other pcrson. I~olding a leaching post inchding a pan-lime [caching p s i , appointed or recognized as such by the Universily;

(25) "the Universi~y" means [he Univcrsity of Calcutta as consliru~ed under lhis Acl;

(26) "Tripura Council" means the Tripura Autonornus Council for [he Agannla Post-graduate Centrc and thc nffilia~ed colleges of Tripura;

(27) "Universiry College" mcans a collegc. or an insliture or a college combined w ith an inslirule. mai nlained and managed by the Universily, whether eslablished by il or not;

(28) "University Laboralory", "Univcrsily Library". "Univcrsily Museum" or "Universiry Insrilution" means a Iaboratory, a library. a museum or an inslilution, as Lhe case may be, main~ained and managed by the University, whe~her cslablished by i~ or nol;

8 of 19M. Wcsr Ben. Act XVIII nf 1951. Wcrl Bcn, Act 11 of 1966.

Ben. Acr I of 1R99.

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XXXVIII or 1979.1

(29) "Universiiy Prol'rssai'. "University Reader" or "Universi~y Lcctr~rcr" nlcails a Professor, Reader 01. Leclurer appointed or rccognizcd :IS such by rhc Univcsi~y.

CHAPTER I1

The University and i ts ollicers

3. (1) Thc first Chancellor and the tllrst Vice-Chancellor of rhc nlc Univcrsiry.

Univcrsily and thc Iirst n~cmbcrs or the Senare and l l~e Syndicarc, and all persoris who may hcrcertcr bccorne [lie Chancellor or thc Vicc- Cl~niicellor or [he Universi~y or thc mcmbcrs d l h e Senale or h e Syndicnrc, so long as they continue to hoId such orfiuc or meinbersl~ip. shall conslitule a body corporale by the name uT rhc University or Calculla.

(2) The Ut~iversily shall bnvc pcrpc~u:il succession and a common scal and sh;~ll sue and be sued by h e nitrnc or rhc Univesity of Calcultn.

4. The Universiiy sl~all 11m-e 11iz Ibllowing powers, namely:- p0wN5Sr thc

( I ) to encourage and provide for inslruclion, rcacliing, lraining Vni~crs i ty .

and research in sl~cli hranclies of lean~ing and courses of sturly ns i t mny tliink fil. and generally lo promolc he ndvanceme~\t a~ld disscminalion or knowledge and lcarning, ;md he exlension of higher education;

(3) 10 cs~ablisli. rnai~itaitl ar~d manage colleges. libraries, laboratories, muscums and sucli other insliru~ions or cellires for study and rcsuerch as i t may deem necessary;

(3) lo providc for spccialisalion o i studies in colleges and for organizalion by collcgcs of commDn Inborarorics, l i hraries, museums and othcr institutions or cenlrcs Car study and research work;

(4) to affiliate lo irselr or ro recognize colleges or insri~ulions or ccnrres:

(5) 10 recogl~ize arlilialcd collcgcs a s consli~uenl cotleges or professional colleges and LO withdraw recognilion or any such college;

(6) ~opscscribe for colleges, o~l l r r than Govern~nenl Collcgcs,--

(a) ~heconsti~u~ion, powcrs and lirnclions of heir Governing Budics.

(b) [he lerrns and conditions nf service and cmoluinen~s for posts orPrincip:~l~.. Tcachers and such other cn~ployees as it may deem lit, and

(c) lhe rules Ibr Provirlcn~ Funds:

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Ti~c Cnlcrrrra Uttiversity Acr, 1979.

[West Hcn. Act

(7) ro prescribe Tor collegcs [lie rules For Teachers' Councils;

(8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions rccog~iiscd by il ar affilialcd l o i t and Lo cxcrcise general supervision and control over thcm:

(9) :o disaffiliatc u college or an inslirulion in any subjcct or subjccts. or lo withdraw allilialion or recognilion olcolleges or i~~stiLn!ions, if necessary:

(10) to lake over For a period or iwclve mom hs rile rnanagemcnl oT any collcge or inslirulion, affiliated lo, or recognised by, the Universiry. orhcr ~ h a n n Governmen1 College or it~slitu~ion, in order 10 ensure thal propcr shndards of leaching, [raining ar i~~srrucrion arc maintained rhercin:

Provided t11n1 rhe U~~iversity may. if i r considers il ncccssary so lo do. extcnd such pcriod so, howevcr. ttial thc aggrcgale period shall nor exceed eigtilecn inonths;

( I 1) Lo dissoIve the Governing Body ofany arfilialed, cw~sliluent or proressional college or i~islili~lion, olher \hail a Governmenl Collcu,~. and. pcndiug rccons~iluiion of thc Governing Body thereof i n such manner as may be prescribed, lo appoint an Adnii~lisrra~or or an ad l~oc Governing Body:

Provided [hat the rcconslir~~tion or lhc Governing Body shall be ~nadc withill a pcriod of lrvelve months from [he d n ~ c or dissolulioa:

Providcd Fiinher [hat Ihe Universiry may, if i l considers i t necessary so ro do. exrend such period so, I~owever, rhal the aggregate period shall no1 exceed cighteen monrhs;

( 1 2) ro ins~ilule ProTessorships, Readerships, Lectureships, and olhcr reaching posts required by rhc U~iiyersi ty and to appoinl persons to such Professorships. Rcnderships, Lec~urcsl~ips or olher teaching poski, or to recognize persons as Profcssors. Rendcrs or Lcclurers o l (he Unjvcrsity, or as boldcrs of other caching posts of rhc Universily;

(13) LO crcare pos~s, as afld whetl required. of officers and employees or thc University besjdcs [hose provided for in this Act;

(14) 10 prescribe, subjccr lo ihc provisions of this Acl. the consiitution. powers and duries OF lhe Boards oT Studies, [he Finance Commiitee. and other bodies;

(15) lo prescribe Lhc powers and dulies of aficers o l~ht Universi~y I * * * ;

- -

'The words "mhcr Illan ~ h c Cllnnccllr~r" wcn: nmittcd by s. ?(a) or lhc Ca1cw.i~ University (Arncndmcni) Acl. 1960 (iVc31 Aen. Acl XLlV or 19801.

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(16) lo prescribe, subjecr lo tlie provisions or d ~ i s ACL, the terms ant1 cortditions olservicc, including rhe rules ofconduct and discipline, and the emoluments for all posrs or,Teachers and cmployccs of [lie Ulliversily and for all posts or orficers I* * *;

(17) lo make provisions Ibr providcn~ and orhcr funds Tor the Teachcrs and lur olficcrs and einployees or thc Univcrsily :c * u.

( IS) 10 ina~iru~c degrees, tilIes, diplomas, certificates, and other acadcmic distinclions;

(19) 10 hold examine~ions 3 r d 10 confer degrees, lillcs, diplomas, cerrificil~es and o ~ l ~ c r academic dislillctions on persons w h w

(a) shnll have pursued an approved course of study in all arfilinretl. conailucnt, professional or University College or a Universi~y Lnborurory unless exempled lhercfrom in the nl:mncr prescribed, and shall have passed the prescribed cxaminiltinns of [he Universily, or

(b) shall have cnrricd on research under condirio~is prescribed:

(20) to witlidraw or to cancel degrccs. rilles, diplomas. cer~ilicotes or orhcr academic distincrions undcr such co~ ld i l io~~s as may be prescribed by S~atules and aAer giving Lhc person ariecrcd a rcnsonable opporluniry 10 prescnl his case:

(21) lo conrer honorary degrees or other acadcmic dislinctions under condirions prcscri bed;

(22) 10 prescribe fees or orlterchargcs for exalninalions imd orher purposes, and to demand and receive he Fees or other chargcs so prescribed;

(23) lo establish, mainrain and lnanagc hillIs, lo recognize hostels, and 10 witbdraw such recognition;

(34) LO provide for the promotion of lhc hcalrl~ and wellarc of sluden~s and of discipline anlong r l~e~n ;

(25) ro co-ordinare the'activities of, and give financial aid to, affiliiltcd or recogaized collcgcs and inslilutions:

(26) 10 milkc grants 10 [he Nalional Cadet Corps from [he University Fund:

'?'hc rrlrds "oll~cr Illan IIIC Chanuclloi' wcn: ornilred by s. ?(b) 01 ~ h c Calcu~~a Univcrsily (hll~cndrncn~) Act, 19SD IWrar ncn. .4cl XLlV uf 1980).

The words "orhcr rllnn rhc Chanccllw" wcrc unliucd by s. 2(cl, ihid.

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[Wcsl Hen. A d

(CIut/~fcr- 11.-Tl~r Uriivc~sifjt rind irs oJfice~r.- Sectiorl 5.)

(27) to cntcr into an tlgreerncnt \villi ~ h c Governmcnl or with ally persun, body or nittliority lor !he taking over by the Univcrsi[y of 1l1c managemcnl ol' any cullege or insti~urion, including i!s assel3 and liahili~ics. or lor ;my orl~er purpose 11o1 rcpugnent LO the provisions or this .4cl:

(28) ro acquire. liold :md dispose o f propcriy, movablz :~nd imniovnblc. and lo make grallls :uid ndvnnues for ruriherir~g any o f its objects:

(29) ro accept m d ndniinislcr gifis. z~tdowrnea~s end bencritc~iolis. for thc rurthuriincz or any of its objccts lor 11ic Univcrsiry or for or on behalf ol' any college or institution eslablished by, arLliarcd to. or recog~~izcd by, thc Universiry, awl lo insri tule nwnrds, rcl lowship~, travelling fellowships. scholarsl~ips. stude~~tsbips. sl i l le~ds. hursarics, e3l1ibilioiis. medals alid prizcs;

(30) lo accepl _er;lnw and ro raise loims or 10 accepl 1o:ms from rhc Central or ally Srlrrc Govcrnrnetll or the Univcrsily Grants Corn~nission. and \ril l1 tlhc approviil of 1112 Stale Governmeill also fro111 arhcr sources;

(3 1 ) ro co-operaw with orllcr universiries, insiitutions and

educational authorities in nlarters thal relaie iu and rurrher [lie educntio~ial objcc~ivrs of [he Univcrsiiy:

(33) generally I D do all such slcis and ~hings as may be necessary or desirable fnr, or incidc~ital LO, the advancenlen~ of the objects or purposes or thc Utlivursily.

Jllrisdiclion 5. (1) S a v e as hereinaltcr orhenvise provided, the local limils of of the ~ ~ i ~ ~ ~ ~ i ~ ~ . j~~isdictioil of [lie Uiiiversity (hereiliarrcr referred la as thc terriiorinl

lin~irs or [hc Universi~y) shall cxterld LO I I I C wtiole ul Wesr Bcngal, bul nothing i t ) this Acr shall affecl thc powers exercised or exercisable by ihe universiry k ~ ~ o w n as Rabi~idra Uhnraii csruhlished and incorporared Wwr Den.

undcr rhe Rabindra Dharati Act. 1961. Aur XXIX or 1961.

(2) No~withstanding anylliing in sub-section (I). thc ~errilori:~l limirs of 111e Universi~y shall no1 inclitde any are;) whicli, for lhe rime bcing, is includcd within Ihe local limits a i jurisdiction of any othcr university, not being the univcrsily known as Rnbindra Rllnrali referred to ~ I I s~ lb- seclion ( I ) , cslablished by law wi i l i i~~ Weal Hengal.

( 3 ) The Univci-sity shall, in trspcc~ o f every cnllzge or insri~ulinn siluated ouiside rhc rerritori;tl limiis of the Univcrsiry, bul dccnled to be allilialed to ir on [lie appoinlcd day under clai~sc (b) 01 suh-secrion (9) of scction 59, con~inue to extrrcise h e powers conferred by or under this Act ~mril such collegc or instilutio~i is disaffiliated in accordailce w i ~ h [he provihions of this Acr.

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(Clrup~er II.-Tire Universiry orrd its oJllccrs.- S e c ~ i o ~ ~ s 6-8.)

(4) Any collcge or inslitu~io~i siluated outside the tcrriroriol limils of the Universily may, wilh the sanction of thc Stalc govern men^, apply lo the Universily for admission lo lhc privileges of [he University, and such college or institution may, subjec~ lo suctl conditions and reslric- tions as the Universiiy may, wilh the approval of the S m e Governmenr, think fit to impose, be admilled LO [he privileges of the Univcrsily.

6. The following shall bc the officers of lhe Universi1y:-

(1) the Vice-ChnncclIor:

(2) thc Pro-vice-Chancellor Tor Academic Affairs;

(3) the Pro-Vice-Chilnccllor for Business AFfairs and Finance; (4) the Regislrar:

(5) persons holding such other posts as may be declared by Sla~utes to be posts or orficers of the Universily.

7. (1) The Governor shall, by virluc of his office, be the Chanccllor of the University. Hc shnl l bc thc hcad or h c Univzrsiry and the Prcsidenl of the Scnilte and shall, when preseni. preside at [he meetings of the Senale.

I t * * * * * (3) The Chancellor shall exercise such powers as may be conferred

on him by or under the provisions of h i s Act.

(4) Where power is canferrrd upon the Chancellor lo make nominations to any aulhori ty or body of the Universily. the Chancellor shall, to the exrenr necessary, nominate persons to represent inleresls noL o~herlvise adequately represented.

(5) Every prop~sal to confer any honorary degree shall be subject lo confirmation by the Chancellor.

8. ( I ) The Vice-Chancellor shall be appointed by he Chancellor on ~ h c unanimous rccommendation of the Senale. If the Senale fails lo make any such rccommendation, thc Vicc-Chancellor shall be appoinled by [he Chanccllor i n consultnlion with the Ministcr from a panel of three persons lo be clecred by the Scnatc in accordance with [he syslem or proporional representation by mcnns of thc single transferable vole.

(2) (a) The Vice-Chancellor shall hold office for a period of Iour years or till he allains the age of 65 years. whichever is earlier, and shall.

Ofhccu or thc Univcnity.

I

-I-hc i Chanccllor.

The Vicc- Chancellor.

subject to thc provisions OF this section, be eligible for re-appoinrment for n period not exceeding four ycnrs.

'Sub-scciion (2) was omi~rcd by s. 3 oCrhc Cnlculra Univcrsily (Amcndrncn~) ACI, IPS0 (Wesr Ucn. ACL XLIV or 1980).

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(b) The Chanccllnr tnay, notrvithstunding the cxpirarion of rhe ~ c t m of rlle o r k t of thc Vice-Chancellor or his attaining tlic :lpe of 65 years, allow h im lo continue ill office [ill n successor iissurncs orficc, pravided [ha[ 11e sball not cnnlinue as such Tor any period excccd- ing onc ycur.

'(3) The Vicc-Chanccllnl- slinll be a wholc-rime olr iccr o r ~ h c University a ~ i d sllall hc paid I r o ~ n rhe Universily Fund such salary and allow;~~iccs as the Chancellor may dccide in cotrsul~ation wit11 [lie Srnrc Govrmmcn~ .

(4) The Vice-Chnncellnr may resign his office by wr i l ing undcr his hand adilressed ro rhc Chnnuellor.

( 5 ) lr-

(a) he Vicc-Cliaocellor is, by reason of Icave, illriess or o ~ l i c r cause, temporarily uuahle to exercise thc pokvcrs and perrurrn thc du~ies or his officc. or

(b) e vacancy occitrs in ~ h c office of t l ~ e Vicc-Chancellor by reason or death, resignilriua ur cspiry o r the rcrm of his ol'fice. rcrnov:~l nr ollienvise. .

(hen, during ~ h c j~eriot l o r such 1clnpOr;lr)' i t n b i l i ~ y or p e ~ ~ d i ~ i g the a p p o i ~ ~ r r n e ~ ~ l o r n Vice-Cliancellor. ;is thc case may be. thc Iyro-Vice- Chancellor for Avndcmic Affairs s t~a l l exeltisc [he powers and pcrl-nl-m tlic dutics of tlie Vice-Chanccllnr.

(6) The vacancy i n [he oflicc 01 Lhc Vice-Cl~ancellor occuring by rcasan OF death, resigl~ation or expiry or thc Lcrm a l his office, rernovnl or othcnvise shalt be f i l led up by appoint men^ or a Vice-Ch:mccllor in accordance with the provisions (11'sub-seclion (I) within a period of six monrlls lrom the dare 01 occLlrrcIIcc o f the vncnncy.

Poivcrs n ~ i d 9. (1) Tbc Vice-Cha~icellor shall bc l l ~ e principal exccu~ive and dulics or ~hc Vivc- acadetnic orfiacr or the Universiiy and shall, i n the nbscnce of i l~e Ch~ncclIor. Chancellor. prcsidc 31 the meerin_r 01. rhc Sc~iarc. He shall, by virlue ol'

his office, be n mcmber and [he Chilitman of [he Syadicatc and r l ~ e Fi~cul ty Councils for post-graduare sludies and also \he Chairman or any olhcr author i~y or body of (he U~i ivers i ly of which he may be a membcr. He shall also be en l i~ lcd to be przsznl nI and 10 address any meeling of ally othcr zlurhoriry or body of ltle LJniversiry or which lie may nor bc a inernbcr, b u ~ shall no1 be cnlirled ro vote tlierznr.

(2) The Vicc-Clia~lcellor shall I ~nvc the power lo convcnc meetings or Ihc Senate, thc Syudicare, the Facu l~y Cnurlcils Tor posl-graduate sludies and of any u ~ h c r autiiority or body or the Uuiversily.

LSub-s~c~iun (3) wxs subslilurcd tar origirval suh-scclion by s. 2 nT thc C:llvu~r;l Univcrsiry ( A ~ l ~ c n d ~ n c n l ) I\cf. 1990 ( l S f r > l Rtn . ACI XXI l I or 1990). ~\*.c.f. 1.1.1986.

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(3) 11 shall be thc duty of [he Vicc-Cl~nncellor l o cnsurc that l l ~ e provisions o f this ACI, :md llle Sratures. rhc Ordinances and lhc Rcguliitiot~s. arc railbrully ohscrvcd. and lo lnkc slic11 ncriotl as may bc necessary Tor his purpose.

(4) The Vicc-Ch:mcetlor sliall t~nvc the po\vcr lo cxcrcise general conlrol and supervision over 311 other officers of rhc Univers i~y and ovclm all Tcachcrs ant1 employee< of llte Usivcrhi~y aad geueraIly over al l thc arriiirs of !he Un ivcrs i~y nitd s l ld l dcciclc and dispose o f al l :~ppcals in disciplinary marrers no! provided ior in scclion 36.

(5) The Vice-Cliancellor sllilll zszrcisc such olller powers and disc11:lrgc such ollier durics as may be dclcgntcd ro h jo l by any aurhority or body o f !lie Univcrsiry or as may bc prcscribed by S~ntutes. Ordinances o r Regulalions.

(6) The Vice-Chancellor rnny take nn bcllalr or rile Uuivcrsity such nclioa as lie inay dccm cxpedie~ll in any matter which, in his opinion. is either u rgc i~ l or of an elnergcnl nalilre and shall rcporl Ihe same for conlirrnatio~i a1 ttie nest inecting Lo ~ l l e au~hori ly or body rvl1icli. i n l l ie ordiiary coi lnr . would havc dcalr wi lh 11ie metlcr:

Provided 111ar i f LIIC i~ct ion laken by thc Vicr-Chancellor is no[ approved by [lie ai i l l~oriry or body conccmcd. rhe ttialler sliall irnrnc- diarely be referrcd to ~ b r : Chancellor whose decision thereon shill1 be final.

(7) The Vice-Cl~unccllor may ar ally rimc dclegnle any of his powers l o any other officcr s~tbonlitlale to h i n ~ .

10. (1) The Pro-Vice-Chnnczllor lo r Academic AKikirs shall be TIK Pro-

ilppoinled by [he Chancellor in consultalion with Lhe Minisrer and [he ~ ~ ~ ; c c ~ l l , r

Vicc-Cha~~cellor. T l ~ c term of llis ol'tice .\hall be for rour years and hc ior

shrill be eligiblc [or re-appointmenl for i k period 1101 exceeding four ycars tic3d'mic Affairs.

bul shall 1101 11old orIice beyond lhc age or 65 years.

'(2) Thc Pro-Vice-Chancellor for Academic A FF~irs shall bc 3 whole- lime olf iccr or the University and shnll be paid froill [he IJnivcrsily Fund such sal;iry and allowances as ~ h c Chancellor may decidc i n consultation will1 rhc Srme Goven~mcnt.

(3) The Pro-Vice-Chancellor Tor Academic Affairs may rcsign 11is office by writing under his hand addressed 10 !hc Cha~iccllor.

(4) If-

(a) [he Pro-Vice-Chancellor fur Academic Affairs is, by rcason of Icavc, illness or orhercausc, ~cmporarily uuable lo exercise ~ h c powers and perform rhc diuies of his office, or

'Sub-scciion (2) wns s~~b~~ihrrcd Tor origi~inl sub-scciion by s. 3 [IT rhc Calculla Univcrsily (Arncndrncn~) Acl, l Y V U (\Vcsl Ilcn. Act SXl I l of 19YU), w.c.f. 1.1.198b.

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Powcrs and dulitx OT the Pro-Vicc- Chanccllor lor Academic Amairs.

The Ro- Vim- Chanccllor Tor Du5incss Affairs ar.d kllna~itc.

[Wcsl Ben. Act

(b) A vacancy occurs in 111z office of lhe Pro-Vi~e-Chi~nce(l~r for Acadcmic Affairs by reason of dealh, resignation o r expiry of the term of his office, rcrnovnt or o~herwise,

then, during ~ h c pcriod of such lemporary inabilily or pending the appoinlmcnr o i a Pro-Vice-Chancellor for Academic Affairs, as [he case may be. ~ h c Chancellor in consitl~;l~ion wilh ihe Minister and lhe Vicc- Chancellor shall aurllorisc a Tenclier of the University or an office< of thc Universiiy to exercis-c h c powers and perform [he duries of [he Pro- Vice-CtianceIlor for Acadcmic Affairs.

'(4A) Notwilhsranding anylhingconiaincd in this sec~io\\ or elsewhere in his Act, if the Chancellor is oropinion that il is necessary or expedient so lo do. Ihc Chatlcellor in consulralion wjrh Ihc Minisler and [he Vice- Chancellor may appoint the Pro-Vicc-Chancellor for Busincss Affair< and Finance ro be also thc Pro-Vice-Chancellor for Academic Affairs on such lerms :rnd condilions and Tor such period not exceeding one year as [he Chancellor may think fit, and upon such appoin~menr. the Pro- Vice-Chancellor for Business ATTajr?; and Finance shall excrcise all the powers and perrorm all theduries ofthe Pro-Vice-Chancellor lor Academic Affairs in addition to his own duties.

(5) The vacincy in the oIIicc of l I le Pro-Vice-Chmcellor for Academic Affairs occurring by reason of dearh, resignation or expiry of the lerm O F his oflicc, removal or otherwise shall be filled up by appoinlment of a Pro-Vicc-Chancellor for Academic Affairs in accordance with [he provisions of sub-sec~ion (1) wilhin a period ollIone year] from the date of occurrence of h e vacancy.

11. (1) Subject lo the supervision. direchon and general con~rol of the Vice-Chonce[lor, thc pro-vice-~haocellor [br Academic Affairs shall be the chiel academic and ad~ninismtive officer in mauers concerning undergraduate s~udies and research and such orher marrers as may be dclcgated to him.

(2) The Pro-Vice-Chancellor for Academic AKairs shall exercise such olher pourers and perform such other duiies as may be prescribed or delegated lo him by or under rhe provisions of this A a .

12. (1) The Pro-Vice-Chanccllor for Business Affairs and Finance shall be appointed by the Ci~anccllor in consulration with rhe Minister and the Vicc-Chancellor. The lerm of his office shall be Tor Four years attd he sliall bc eligible for re-appointmenl for a period no1 exceeding four years b u ~ shall no1 hold office beyond thc age of 65 years.

'Sub-scc~ion (4A) w a inscncd by s. 2 (a] or ihc Cnlculla Univcrsi~y (Arncndrncnl) Acl. 1983 (Wcsl Bcn. Acl XXII QF 1YE3), w,e.i , 5.5.1483,

T h c words within the squarc brxkc~li WL'W subs~itu~cd rnr I ~ C words "six manlhs" by s, 2(b), ;.hid.

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'(2) Thc Pro-Vice-Chancellor for Busitless Affairs arid Firlancc shall be a whole-rimc officer of [he Univcrsily and sllall be paid from 1l1c University Fund such salary and allowances as !he Cl~anccllor m;Iy dccide in consultalion with thc Sln~e Governmcnl.

(3) Thc Pro-Vice-Cltantellor lor Busiaess Afhirs and Finance !nay rcsign his office by wri~ins under 11is hand addressed 10 the Chancellor.

(4) ri- (a) the Pro-Vicc-Chnncellor for Busincss Arrairs and Fitlance

is. by reason of Icavc. illness or other cause. rempornrily unable ro exercisc the powers artd perform the dutics of his ulfice. or

(6) n vacancy occurs in Lhe office of lhe Pro-Vice-Chancellor for Business Affairs and Finimct: by reason of death, resignation or cxpiry of r l~e lerm of tiis office, rcniovnl or olhcrwise.

ihcn, during the period of such rcmpornry irlabili~y Or pending the appoilillnznt o i a Pro-Vice-Chancellor for Businesq Aff:~irs and Finance. as the case Inay be, rhe Chnnccllor in consul~arion with he Ministcr and thc Vice-Chancellor shall aurhorisc a Teacher of i l ~ e Uliiversity or an orficer of he University ro cxzrcise the powers and perform [he dutics of the Pro-Vicc-Cl~nnvellor for Busincss Alrairs and Finance.

?(4A) Norwilhstandin~ anyrlling conraincd in lhis seclion or else- where in [his AcL, i T the Chancellor is of opinion that i l is necessary or expedieut so ro do, the Chanccllor in consullation with the Minister and thc Vicc-Chancellor may nppoi111 ~ h c Pm-Vice-Chancellor for Academic Affairs 10 be also thc Pra-Vice-Ctiancellor Tor Business Arfairs and Finnnce on such lerms and condi~ions and for such period not exceeding one year as thc Chanccllor may think l i t . and upon such appoinlment, the Pro-Vicc-Chancellor for Academic AfFdirs shall exercise all [he powers nnd perform all the duties ofthe Pro-Vice-Chancellor for Business ArFdirs and Finance in addilioil lo his own duries.

(5) The vacancy in [he offiac oT!he Pro-Vice-chancellor for Br~sincss ATfairs and Finance occurring by rexon or death. resignnrion or expiry of the term of his oCFice, rcmoval or olhenvise shall bc lillcd up by appoinlmel~t of a Pro-Vice-Cba~~cellor for Business Afiairs and Finance iir nccorda~lce w i ~ h lhe provisions or sub-section ( I ) within a period of '[one year] rrorn [he dare of occurrence of the vacancy.

'Suh-xcclion (7) w ~ s subsrirurcd Tor original ~ub-scclion b s 4 of 1hc Cnlcu~l~ Univcrsi~y (Arncndrncnl) Act. 1990 (Wcs~ 13cn. Acr XXll l of l h ) , w.c.f. 1.1.1956.

'Suh-scclion ( J A ) u.,L< inscncd b s 3(z) ollllc Cillculra Univcmily (Arncndrncn~) Act. 1963 (\Vcs~ Bcn. Act XXll or 198;r).'rv.c.l. 5.5.19t13. nit tvords within llrc squan. bnukcrs wcrc suhsliru!zd rnr tllc words "s ix monrhs"

by s. 3(b l ihitl.

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Porr.crs and durics a l l l~c Prc-Vim- Chnnccllor Tor Blr.;incss Affairt 2nd Financc.

T h c Rcgilcnr.

[West Bcn. Act

(Cl~rrljrcr- I/.-Thc fftli\lr rxiry arr (I irs nIJccrs.- Scctinrr s 13, 13. )

13. (1) Subject to [lie supervision. direction and general control of tlie Vice-Chancellor alld the Syndicare, rhc Pro-Vice-Chancellor for Busincss AfTairs ar~d Financc shall bc in cllill-gt: uT llie :~dminisrrNion af the r~\nrls, ihc finances and Llw propcrlics and assets of ~ h c Universily and of all trusls and endowmenrs; and hc shall lake special inleresr i n aclivi~ies hii it aim 31 raisin2 fu11ds for [he purposes o f t t ~ c Univcrsi~y and augmcnriiig the resources o r the Universily.

(2) The Pro-Vice-Chancellor Tor Busincss Arrairs nnd Fil~ance shall be i l l charge or [lie work o i rhc Accounts Dcpanmc~lr of ~ h c Univcrsity. including collcc~ion of runds! and shall. subjecl to tlie provisions of seaion 9, be responsible For ensuring h a t all moneys are expended Tor the purpose for which h e y are sanctioned witl~in he li~nits of budget allolrncnts.

(3) The Pro-Vicc-Chnnccllor for Business Afiairs and Finance shall, in coi~sulta~ion w irh lhc xlzvnnr deparunen~s of thc Universiry, prepare rh= Annual Financial Erlimatcs and rht: A1111u;ll Sraremcnt of Accoun~s.

(4) All con1r;rcls and agrecmenls relali~lg to mailers of rvhich the Pro-Vice-Chn~~cellflrtor Busil~ess Aff'nirs and Financc is in charge sllilll, on approval by Ihe Syndicate, if nor olbewise prescribed, be signed and cxecurcd by h i m on behrrlr of [he University.

(5) The Pro-Vice-Chn~lcellor Tor l3115iness Affzirs and Finance shall exercise such olhcr powcrs and perform such other dulies as may be prescribed. ar delegared ro him by or u n d e r his Acl.

14. '(I ) Thc Kegislrzlr shall bea whole-lime officer orthe Universi~y and shall be appoin~rd by the Syndicitre on [lie recolnmenda~ion of a Cornmiltee consis~i ng of the Vicc-Chancellor as Chilirrnan, a nomi nee of [he Cha~~ccllor, lwo nominees of thc Syndicarc and a nunlitlee of the Slale Covernmenl.

(2) The Regisiriir nlny resign his office by wriring undcr his haid addressed rn [he '[Vice-Chancellor.]

(3) If rhe Registrar is Tor any reason itmporarily unable \o excrcise llie powers or perrorm thc durics of his office. the Vice-ChancelIor may w i ~ h l l~e approval of he Chi~ncellor appoint a Teachcr of tho University or an olliccr of thc Univcrsity, Lcrnpornrily for a pcriod nor exceeding six monr 11s- lo exercise tllc powers and perform the duties or Ihe Registrar.

'Sub-scc~ivn (1) w . ~ suhs~irutcd Tor original sub-sccrion by s. 4(a) or 1t.c Czlculta Univcrsi~y (Amcndmcnr) Acl. IYSU (Wcsl Bcn, Act XLIV or 1980).

Thc &mod wirhiri ~ h c rqudrc b r o c k c ~ ~ WAS wbl[i~urcd (or rhc word "Clianccllor." by s , 4(b), ; l~id.

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XXXVIII of 1379.1

(Cl1nl)ter- 11.-Tirc Urrirt,rsi~~t rtrrrl irs oficerx.- St'oiorts 15. 16.- C l ~ n l ~ e r 111.-Arrrirr>riries of rhc U ~ r i ~ ~ c r ~ i f y . - S e c ~ i o t ~ . ~ 17, 18,)

15. Subject to 111e supervision. direction :~nd gcner;~l cori~ro! of hc pow,, ,,a Vice-Chancellor, the Registrar slialt act as thc Sccrcrilry or lhe Setlate dulicmrlhc

Rcgihtrar. ;is also of the Syndicate and sball exercise such powers and perionn such dutics as may he prescribed, or deIegaled ro 11im by or under this Acr.

16. In their respeclivc sphcrcs or dutics, the Pro-Vice-Ct~at~cellor Sulrcrvisnry

for Academic ATrairs. Lhe Pro-Vicc-Chancellor Tor Busi~less ATTairs ~ ~ ~ ~ ~ ~ ~ O r

and Finance aud [he Regislrar shall, subjccl to the provisiolls of this Vicc-

Acl, havc thc power of supervision and control ovcc ell officers a ~ t d C,'j""ECIIDr ,"I

employzcs serving in depar~ments ullder their chargc and shall Academic excrcise such disciplinary powcr as may be conferred on [hem by or ;/;$;;'' undcr this Act. Chancellor

Tor I5irsincss Affairs n ~ ~ d Financc and lllc Rcgiskr:!r.

CHAPTER I11

Authoriiics of thc University

17. The following shaIl bc thc i~uthoritics of 111e University:- Aurhoritics.

(1) the Senate;

(2) the Syndicarc: I (3) thc Faculty Counci Is for pnst-graduate studies;

(4) rhc Councils for undcrgroduutc srudies;

(5) the Boards of Studies;

(6) the Finance Cornmitree; . .

(7) !he Tripura Coutlcil;

(8) such olher authorities as may be established undcr ~ h c Sla~u~cs.

18. (1) The Senare sllall consis1 of the to1lowing:-

(a) cx uflcio 111~1~ber.r

(i) the Chancellor; (ii) Lhe Vice-Chancellor;

(iii) the irnrnedialcly prcccding Vice-Chancellor;

(iv) [he Pro-Vicc-Chancellor for Academic Affairs:

(v) thc Pro-Vice-Chancellor for Business AThirs and Financc;

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[Wc.51 Bcn. Act

'(vi) [he Sccrctilry, Dcpartmenr oC Educalion, Governrnenl of West Bcngat or I~ is nornitlee not bclow ~ h c rank of Deputy Secrclary ro [he Govcmmcnr or Wcsl Bcngal:

(vii) rhc Secrelnry. Finance Deparrmen~, Cavcminen~ oi Wcst Bcngill :[or his noininee no1 bclow [he rank of Dcptrry Sccrctary to the Govenirnrn~ of West Bengal]:

(vi i i ) Ihc Prcsidenr. West Bengal Co~incil or Higlier Sccondnry Education;

(ix) the Prcsident, Wcst Bcngal Board of Secondary Education;

(x) the Deans of rlle Faculty Councils Tor post-gnduale sludies;

(xi) the Presidenr. Wesl Bengal Branch of the Indian Medical Associatiol~:

(xii) thc Director. litdian Insliru~e or Munagenlent, Culcu~~a;

(xiii) the Prcsidcnt. Indian Associalion for tile Culrivillion o l Science:

(xiv) llle President. Ba~~g iya Sahityn Parishad; (xv) tile Direcror. Bosc [nstitutc, Cnlcurra;

(xvi) the President, Asialic Sociely, Cnlcu~tn; (xvii) thc Dirccror. Saha liistitute of Nuclear Physics;

(sviii) the Prcsidcnr. Bnngiyu Bijnan Frrrisllad:

(xix) thc President, Bangiya SansI;rirrl Siksha Parishad; (xx) the Prcsidcn~, Wcsr Bengal Madrassn Eduualion

Board;

(xxi) the Director, Indian Stntislical lnsli[ule; '(xxii) rhe Chairman, Wesl BengaI Urdu Academy;

(b) atlrer I I I L ' I ) / ~ L ' ~ S

"(xxii) fifteen Professors oTUniversity, no1 more rhan one from any deparlmenl, elected by thc Professors of the University;

'Clausr: (ui) suns subsritu~cd lor original clnusc by s. Z(a) nf rhc Cl lcur l ;~ Unircrsily (Arncndinentl Act. 1957 (Wcsi Ucn. Act X or IYE7). w.c.T. R.9.1987,,

T h e words wi~hin thc squnrc bnckets werc inscncd by s. 5( l )of the Calcu~bu Uni!'crsity (Amcndrncr.r) Acl. 1930 (Wcst Bcn, Acl XLlV uf 1980),

"CU<C (nrii) undcr tlic Iicading "(b) nil1ern1errrhcrs" rvils origin;~lly in thc ,kt . Thcn, another claure (xxii) was inscncd undcr thc hcading "(a) a- oflicio r ~ ~ c n ~ b c d ' b y s. 2(b) or the C~ICUIIP Univcr~ity (Amcnclmsnl) ACI. 19S7 (Wcst Ucn. Act X o l 19R7). \r4.c.f. 81h Scptcmbcr, 1987. This hkq, ~ r h ; ~ p s . happncd d ~ c to cnor in ~ h c dnrting a( rhc :~f<irc.said Amcndmcnl Acl of 1987.

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The Calcultu Universiry Act, 1979.

XXXVI I I of 1979.1

(xxiii) fiflcen Teachers. olher lhan Professors, of the post- gradunre department of the University of whoin no1 more thnn six shall be rhc Readers. elecred by such leathers;

(xxiv) twen~y-nine Teachers. othcr rhan Principals, of affi l ia~ed colleges including constitucnr and professional colleges. elecled by !he Teachers of such Colleges from amongst rhemsclves of wharn-

(a) six shall be from the professional colleges of whom-

( i ) one shall be from a [eachers' [raining colIege.

(ii) one shilll be from n law college,

jiii) two shall be irom an undergraduate college of medicine,

(iv) one shall be from an ayurvedic collcge, and

(v) one shall be from a h.nrnoeoparhic college,

(b) one shall be horn n consli~uen~.collcge olhzr ~ h a n I he Bengal Engineering College, S hi bpur, Howrah,

(c) one shall bc from the Bengal Engineering College, Shibpur. Howrah,

(d) lwenty shall be irom the affilinled colleges, other than prorcssional and constituent colleges and colleges in Tripura affilialed to the University, of whom at least two shall be womcn and one shall be horn it Governmen[ CoIlege, and

(e) one shall be from the colleges in Tripura aifilialed 10 the University;

(xxv) eighl Principals of affiliared collegcs including consti~uen~ and prolzssional colleges elected jointly by rhc Principals of such colleges from amongst themselves of whorn-

(a) one shall be the Principal or a professional college,

(b) one shall be the Principal of a coosli~uenr college, and

(c) six shall be I he PrincipaIs of iffilialed colleges or whom at least one shall be a woman;

Page 19: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions

[West Ben. A d

(xxvi) l i vc mcmbers o f l l lz Wesr Bcngnl tegislnrivc Asse~nbly elected [ran) amungst themselves. i f ~ h c y i ~ r c no1 nlrcady ~~lzlrtbzrs of rhc Senate;

(xxvii) fivc persons norni~lnred by Lhc Chancellor to securc [lie represenlarion o r lhc professions. banking, iildustry, scientific and ~cchii ical societies and pcrsans eminent in l i lenturc or arl or ~ ~ u i s i c or culture;

' (xxv i i i ) n i ~ i z regular posr-grnduare s ~ u c l e n ~ s o r the University, no1 more than onc from any Faculry Council Tor posl-gradua~e srudies, of w h o ~ n one shall be n lady sludcnl, clecled by all electoral college.

E.r~~lnnnrio)r I.-"Regular posr-graduare sruden~" shall Inenli n studcnl ~ v l i o has bccn prosecuting his s~udies i n a posl-graduare Deparl- lnent of the Universiry iindcr any Faculty Council Tor post-gradua~e studies and who is nor in dzfaull uT payment o f prescribed h ~ i l i u n Tccs artd orller dues o f [he Univcrsily L i l l such dare as rnny be notif ir t l by the Univcrs i~y in ll i is betlatl.

E.xpI~nrr~io)~ 11.-Nnrwi l l t s rnnd in any l h i ~ i g con~ained elsewhere in this AcL, it regular posl- graduate srudcnt clccrcd under rbis clause shall hold office rrom ~ h c d:m of his eleclion and for a period o r two ycars or r i l l he ceases lo be a regular pox-gmduarc sludcnt, whicliever is enrlier;

' ( x x i x ) six rcgulnr srudcnls prosecuting [hcir srudies in undergraduate or posl-gmduil~c degree classcs of affiliarcd colleges, o f whom onc shall be sludcnt or a Governmellr College and onc shalt be a lady srudeot. zlec~ed by un cIectorrh collegc.

L.vplo~~otio)t I.-"Regular sludcn~" shall luena n sludenr wlla has been prosecii~ing his srudies in iuly srream i n an undergradualc or post-graduate dcgrcc class o f an affiliared collcgc and who is nor in deraull o lpayrncn~ of prescribed luition rces and other dues of such college t i l l such date as may bc no~i f ied by the University i n this behalf.

'CI:~usc {nxviii) \v;L< subsrituicd Tor l l i c origin31 clauhc (xxrviii] by s. 5 ( 1 ) ( 3 ) or rhc Calcutla Univcrs~iy (Arncndmcni) ACI. 1980 (Wcsr Bcn. Acl XLIV of 1')XO).

'Clause (xxix) \I'LL< suh~~iiuicd Tor ori~in:~l clausc by s, S(?)(b). ibirl.

Page 20: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions

Explo~rarion II.-No1wirlista11ding any thing containcd clsewhere in [his Act. o regular sludenl c l rc~cd undcr this clause shall hold orrice from ihe dale or his clcclion and for rr period or lhree years or r i l l hc ceases LO be a regular student, rvhichcvcr is e.ulicr;

'(xxixa) onc Research Scholar oi Rcscarch Fellow of thc Universiry elec~ed by the Rcscarch Scholars and [he Research Fcllow~ of he Uuiversily.

E,rplat~arion I.--"Research Scholar or Research Fellow of the University" shall mcan n whole-rime Research Scholar or Research Fellow of the University who receives a stipend From [he Universily.

Explm~otion 11.-Nolwilhstanding any tliiag canlaincd clscwherc in rhis Acl. a Rescarch Scholar or Rcscarch Fellow of the University elected under this clnusc shall cease to hold officc on [he expiration of the term of Research Scliolarship or Rescarch Felloivsliip, as Ihe case may be;

(xxx) three members elecred by thc m c m b e ~ of [he non- teaching staff of the UniversiLy from amongsl rhemselves:

(xxxi) Lwo members clccted by the inernbers or thc non- teaching sraff or arfiliated cojleges from nmongsL themselves;

(xxxii) one mcmbcr elected by [he officers and thc super- visory staff of the Universily from n~nongsl themselves;

(xxxiii) no1 less lhan five and no1 more than rwenly-five persons elecred by regislcrcd graduales horn amongst Ihcmselvcs, ~ h c number of such persons to be elecred being cnlculatcd on the basis or clnc person forevery lhree hunrlrcd registered graduates:

(xxxiv) nine persons to bc nominated by rhc State Governrrlent of whom- (a) iwo shall be from ltle members or the regisrered trade unions ?* * *.

'Clnusc (xaixa) was inscncd by s. 5(2)(c) or thc Calcurla Universi~y (Arnc~~dmcnI! Acl, 1980 (\VCSI Bcn. ACI XLIV of 1980).

%c word?: "in such m a of Ilx: Univcrsily LS ]nay b t dcsignnrcd by Slalurt<" wcrc omilrcd by s. 5(2)(d), ibid.

Page 21: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions

The Calc~rrra U~r i i l c r s i~ Acr. 1979.

[West Ben. AcL

(Cl~apre!. III . -A~t t l~o~ . i t i c~ of llle L l l~ i~~~'r . r i~ l . -Scc~ io~~ 19.)

(b) ~ w o shall bc from lltc members of [he peasants' nrganisation,

(c) tivo shall he from rhe mcmbers of [he primary school tcachen' association, and

(d) threc shall he From the mclnbers or the secondary school teachers' association;

(xxxv) onc pcrsan lo be elected by the Libraria~is of rhc University and the colleges affi l ia~ed lo the Universi~y from amongsr Ihemselves.

(2) All elections to the Senate shall be held in llle manner prescribed by Srarulcs.

Po\i,crs and 19. (1) Subject to such conditions as may be provided by or under dufics o i ~ h c Senarc. the provisions af this Acr, the Senilre shall cxercise the following powers

and perform the follorving du1ics:-

(i) to es~ablish U~iiversily Colleges, Universily Departments. jns~itiltions. librrrrics. Iabarirrories jnd museums for study and rescarcb;

(ii) to canfer, on the reco~iirnendalion o f the State Govemlnent and (he University Granrs Commission, such special powers as may bc prescribed by Sraturcs on any college or insrilulion providing instruclion for courses of study in engineering. lechnulogy, mcdici~~e, line ans or music or conducting higher studics and rcsenrch:

Provided that the Senale may withdraw, with the concurrence or thc Stalc Governo~cn~ and the University Grants Commission, ilIl or any or ~ h c special powers confemcd on any such collzge or insritution;

(iii) to create and insiirure Professorships, Renderships. Lecrure- ships, and such posts including p ~ s l s of orficers as may be necessary for [he eslablishmcnt of the University Colleges, Universiry Deparlmenrs, inslitu t ions, libraries, laboratories and Inuseurns rcferred to in clausc (i):

(iv) to instirutc dcgrees, rilles, diplomas, crrtificatcs and other c~cadernic distinclions;

(v) IO ir~stitulc fellowships, travelling rellowships,schalarships, studentsl~ips, siipcnds, bursaries, exhibitions, medals and prizcs lo be awarded our or the Universirv Funrl-

Page 22: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions

T11e Cr~fctrrrfl Ut~i~lersify Acr. 1979.

XXXVII I 01 1979.1

(vi) lo confer degrccs. tillcs, diplomas. ccrtificales and olher academic dislinc~ions on persolls who-

(3) have pursued pnscribcd courses of s~udies or have bccn excnipled lhercrrom in the manner prcscribed, and havc passed such exnminalions as lnny be prescribed. or

(b) havc carried on research in accordnncc will1 such condi~ions as inay be prescribed;

(vii) 10 withdraw 01. ro cancel degrccs,~illes, diplomns, cerriIicnics or other academic disrinctions under sucl~ condi~ions as may be prtscribed by Slalu~es and a f ~ c r giving Ihe pcrsoll nrfecled a reasonable upportunily lo prcscnl his cnsc;

(viii) to conrcr honorary degrccs or other academic disli nciio~ls;

(ix) LO consider he Arlnual SlnLcrnen~ oFAccour~~s and fie Annual Financial Estimates approvcd by rhc Syndicalc :lnd to pass such resolulions relatillg therc~o as inay be considered necessary:

Provided tbal Tor thc purpose or passing 3 resolution modifying or rzjecring any such Annual Financial Es~ima~cs i t shall bc necessary for a majority ol the rolal number of members of rhc Scnate exisring a1 ~11c lime to vole in rilvour of (he resolulion;

(x) to consider llle Annual Report as prepared by [he Syndica~c and lo pass such resolutions relaling rhcrcto as may bc considered necessary:

(xi) to consider and advise on. such olhcr reports rrom the Syndicate or any othcr body as may be made lo il:

(xii) Lo consider, and advise on, proposals from ihe Syndicale Tor cnlering inlo agreelnetll with lhe Goverr~menr or wirh nny person, body or surhority Ibr Lhc raking over by thc University of the managemenr of any collcge or insti~urion, including its assel$ and t iabilities, or Tor any otherpurpose no1 rcpugnallr to the provisions of rhis Act:

(xiii) l o consider, and advisc on, proposals rrorn the Synclicalc Tor co-operation with other universities, inslilutions and cducalional authorirics in rnarlers ha^ reln~c lo or furlher the educ;dionaI objeclives of the University:

(xiv) lo considcr imd suggest measures Tor Lhe i~nprovemcr~~ o f the admiois~mrion iind rinances of llle Universiry, : ~ n d gcncrally for rhe I~~rlherance o f i ts objecrivcs;

Page 23: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions

[West Bcn. Act

(XV) to make rules for the innsaction of its own business;

(xvi) lo exercise all olhcr powers and pcrforrn all orhcr runclions con~crred and iniposcd on the Senate by or under this Act.

(2) The Senale shall nor cxcrcise [kc powers and perform the dulies referred 10 in clfil~ses (i) and (iii) to (viii) of sub-scclion ( I ) except on thc recommendnrian of the Syndjcaic bul may send proposals in rcspecl thereof [o the Syndicare for its cccomrnendntion.

(3) The Senate shall b:~vs the power to review Lhe nclion of the Syndicalc, save whcre rlle Syndicarr: has acled in accordance wilh rhe power; conferred on i r by or undcr Illis Act:

Provided ]hat i f any qucstion arises as to whether the Syndicarc has acred in accordance with thc powcrs confcffcd on il by or under [his Act, the ma!tershall bc dcciderl by reference to the Chancellor whose decision shall bc final.

Mceling?; 20. (1) The Senate shall meet a1 ]cast ~hrice in a financiid year, o~hcr Scnstc. than far convacaiinn, on dares to be fixed by rlie Vice-[Jhanccl\or, One

or such meelings shall be hcld beforc March ;rnd shall bc called the Annual Meering. The Senarc rnay also mrcl at such other limes as it may, rram rime to lime. decide.

(2) One-third of rllc total number or members o l thc Senatc shall be a qunrbm for a mee~ing of the Senate:

Provided lhar such quorum shall not be required at a convocation.

(3) The Vice-Chi~nccllor may. whenever he thinks fit, and shall, upon a requisition in svriling signed by no[ Less than fif ty per cenf. or members of the Senarc, co~lvene ;i rneeling of the Senate. A mecring on such rcquisi~ion shall be held within fiftecr~ days of Ihe receipt of the rcquisi~ion by ~lle Vicc-Chnnccllor.

n c 21. f 1) The Syildicnre sli;lll consihi of the f01lorving:- Syodicalc.

fa) e.r oaljicio ~ircrlrber-s

(i) the Vice-Chancellor;

(ii) the Pro-Vice-chancellor Tor Academic A1Taii-s:

(iii) the Pro-Vice-Chancellor Tor Business Affairs and Financc;

' ( i v ) Ihc Secrelnry. Dcpanmenr of Education, Govern- mcnt or Wcst Bengal or his nominee not below the rank of Deputy Secretary to the Governmenr of West l3eng;l:

- 'Cl;lu~c ( iv) w z subsli iu~cd Tor or i~ ina l clause by s. 3 nf !hc Cnlcu~f;l University

(Arncndmcnr) Aur, 19R7 {Wcst Hcn. ACI T: of 1987). w.c,f. 8 9

Page 24: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions

XXXVIII or 1979.1

(v) the Deans of the Facul~y Councils lor posr-graduate sludics in Ans, Scie~~ce, Law. Medicine and Dental Sciuncc, nnd Engineerit12 and Technology:

(vi) the Prcsidenr, West Bengal Council or Highcr Secondary Education:

(vii) the Prcsidc~u, Wcsl Bellgal Bo;lrd of Secondary Educalion:

(viii) thc Prcsiclcnl, Wesl Eengal Mi~drassa Ed~calion Board;

(b) orlrer t~lcttrbrrs

' [ ix) (3) (i) onc P~O~CSSOT of he Univcrsiry eIec~ed by such Profcssws of the University as are members of the Facully Councils lor post- graduate srudies from amongsl rl~emsetves,

jii) IIVO Readers or Lec~urcrs (one or but11 or rvhnm I I I : I ~ either be Readers or Lccrurzrs) or the Univcrsiiy elecled by such IZeaders and Lec~urers or ihc Universiry as arc rncrnbers of the ~ ; r c i l ~ ~ CounciIs for post- graduatt: studim from alnongsl thcmsetves.

(b) (i) one Professor OF the Univzrsiry clec~ed by such Professors OF Ihe University as are members or lhc Scnare from a~nongsl ~heniselves,

(ii) two Rcaders or Lecturers (onc or both of whom may cither be Readers or Lcclurers) of llle Univcrsi~y clccred by such Rc. ,I d crs and Leclurers or [hc University as arc members or [he Scnate from amongsl ~hemselves;

(x) ~hree persons, other rhan Tcachers, srudenls and non-teaching employees. eleclcd by [he members of rhc Senate Irom anlougst lhcmsclves of whom at I cas~ one shall be ;l re:islered grndua~e;

'(xi) (a) O ~ C nun-1e:rching enlployee or thc Universi~y clcclcd by such non-~eacl~ing employees or [he Uaivcrsily ns are members of Blc Senate from amongsl rhemselvcs,

'Clautc (ix) w m suhs~iruted fnr lhc cjripinal ct~usc by s. 6(1)(;1) uT rhc Cnlcui~a Universily (Rlncndmcnr) Acl. 1980 (\Vcsl Ucr~. Acl XLIV of 1980).

'C1:luhc (xi) rvaq huhh~i~u~ct l Tor l l ~ c origil~ill vlnl~sc hy 5 . h(l)(b). ibid ,

Page 25: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions

[Wcst Bcn. AcL

-(CIt~ptcr Ill. -A ~~t l~ar ir ies ~ J r h c W ~ l i v r . r . s i ~ ~ . - S e ~ ~ f i o ~ t 2 1.)

(b) one srudcnt elected by such studenls as are mernbcrs o r rhe Senatc from amongst ~hcn~selves.

(c) otic member 01 the West Hengal Legislalive Assembly elccled by such members of lhc Wesl Bc~rgal Legislative Assembly as are m e l n b c r s o i the Scnnre From amongst ll~ernselves,

'(d) the mcrnber clectrd under clausc (xxxii) of sub-scclion ( I ) of section 18:

:(xii) nine persons elecied by Ihe members of rhc Councils ror undergrildualc studies from amongsr ~hemsclves or \vlhorn-- (a) fivc shall bc tcrrchers-thrce from the Council

for Undergradua~e Studies in Arts, Science. Conimerce, Homc Science, Fine Arts and Music. onc from the Co~incil for Undcr- srndurrte Studies in Medicine, Denral Scicnce. Hornoeopntby. Vcterinary Sciencc. Nursinz and Ayurved and one from the Council for Undcrgradua~e Studies in Engineering and Technology, and

(b) bur shall be Principals. one from each Council for undcrgraduare studies and one, a Principal of a consli~ueot college;

3(xiia) threc meinbers cleclrd by such Teachers of affiliated collcges (including constiruen~ colleges and proressional colleges), no1 being Principals, as are ~ncmbers of thc Senale from nmongsr rhemsclvcs;

(xiii) one Dean of any of !he Faculty Councils ror post- graduate srudies, o~bcr tlta~l those mentioned in clause (v), appointed by r o ~ a t i o n ;

(xiv) two persons nominated by thc Chancellor. (2) All elections to rheSyndicate shall be held in t he manner prescribed

by S~arurcs. (3) '[One-rhird] or ~ h c rornl number of members shall be a quorum

Ibr a meeting of I l lc Syndicate.

'Suh-clnusc (d) was: 31ldr.d by q. 2 o l I!IC Uulculia Univcrsi~y (Sccond Arncndmcnt) Acl, 1983 (\Vc.s~ Ben. Acl XXV of 1983). 1v.c.T. 9.8.19R3.

'Clause (xii) w a ~ subs~im:cd far ihc clriginal clausc by s. 6(l)(c) or tllc Calcu~la Uniussi~y (Amcndmcnt) Act. 19YO (K'cs\ Bcn. Act XLIV of 1980).

'Clnusc ixiia) was inscrlcd by s. 4(l)(d), ;bid. 'l'he word ~villrin thc bqunrt bfac'Lc~< ~YL, substi~lllcd Tor 11rc words "FXty pcr rr~rt."

by s. 6(1,), ibid.

Page 26: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions

The Cr~lcirrra U~liversity Acf, 1979.

22. Subjecl 10 the provisions of this Acl, thc Syndicarc shall exercise Powca and . . . . . dutics or rlic . . he following powers and pcrrorm [he lollow ing duties:-- Syndicate. . .

(i) lo iu i~ ia~e proposals lor [he makitlg of S!atu~cs and 0rdin;lnccs including proposnls for atnendnlent or repcnl thcrcof, i n ttle

manncr hcreinnf er provided:

(ii) Lo reconi~l~eiid to ~ h c Scnnle. nner collsulling he respcclivc Facully Councils ror post-graduate s~udies, the cs~ablishmcnl of University Colleges. University Deparrmcnts, ins~i~ulions, libraries. lnborntories and muscums Tor study and research;

(iii) to maintain Universiiy Colleges, Univcrsily Dcpnrlmenls, University ins~itulions, Univcrsi~y libraries, Universi~y labonrories and Univcrsi~y museums;

(iv) to esrablish, mainlain and manage halIs ilnd to rccognise hosrels:

(v) 10 direct [he inspection or University librdrics, Univcrsiiy labornrories. Universily museums, halls and hoslels:

(vi) lo rccommend to the Senate. akcr consulli~ig h e respeclive Faculty Councils for post-graduate studies. ~11e insli[ulion or fellowships, trnvclling rellowsl~ips, sclinlarsl~ips, ~[udentships, s~ipcnds, bursaries. exhibiiions, nledals and prizes, the cxpenscs of which shall be met from thc Univcrsily Fund, and ro award the same afrer institu~ion thcrcor by the Senntc:

(vii) lo recommend lo [he Senale. after consulting Lhe rcspcclive Faculty Councils for poa-graduale sludies. ihc crealion and inslirution oTProiessorsl~ips. Reildcrships; Lecrureships and such posu as may be neccssnry Tor lhe es~ablishment of the Universi~y Colleges. Univcrsily Deparl~nenu. ins~ilu[ions, libraries, labaratorics and museums referred to in clausc (i) of sub-scciion ( I ) of section 19;

'(viii) to crcare posrs of officers, Tcnchcrs and employees of the Universi~y or 10 recon~mend LO thc Scnilrc for such creation, wirh [he approval of the Stiltc Govcmmcnr:

(ix) to appoinl Teachers. officers and employees OF thc Univcrsily and lo fix their emoluolenls aod define ~hc i r Julics and olher tcrms and condirions of scrvicc in accordance with the Slillures and [he Ordinances and to suspend, discharge or otherwise punish in accordance with thc Sra~utes and the Ordinunccs such Teachers, officers nnd cmployces:

'Clausc (viii) rrv.u subsliri~kd ror ~ h c original c l a ~ ~ s c by s. 7 of thc Calcutla Univcni~y (Arncndmcn~) Acl. 1960 (West Ucn. ACT XLlV uT I9AO).

Page 27: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions

TI1c Calcrrftu Urriversir], Acr. 1979.

[West Ben. Act

{Cl~u]}r~r 1if.-Arrfhoritifi nf r l r ~ ~ ~niversitY.--Secrion 22.)

(x] iopass approprisk ordcrs on rhc baisorrhe recomrncndation of the respecri ve Council for undcrgnduale sludies regarding arfilinlion of n college or :In insiiiution in one or more subjec~s or withdrawal of affiliation or recogni~iur~ of a collegc ur an jnstilulion or tcmponry rake ovcr or the n~nnagcmeot 01 an alfiliaied or a ~ecognired college or insti\urion;

(xi) lo prescnbc. or1 thcrecornrncndaiioa ofthr: respcdvc C w ncil for undergraduate studies, for colleges, other than Govem~nenr Colicgcs.-

(a) rhecansliluion, powersand luncrionsof thcir Governing bodies,

(b) \he terms ond condi~ions of service and emolumcnrs for pos~s oI Principals. Ttachea and such other employees a i t may decm fir. and

(c) the rules for Tcachcrs' Councils and Prouideni Funds; (xii) 10 prescribe 2nd coHeul Fecs or charges for thc ~.egistrarion

ofs\uden~s artd [heir admission ro coursesaf s ~ d i c s o r ~ n n i s e d by rhc University, for holding examiniliians, for ~ h c grant oI' degrces, diplomas and certific3tes, and fnr othcr Jikc purposes;

( x i i i ) to rtxomrnc~ld to lhe Scoalc. niter consulling the respcc1ive Facul ry Councils for pas~graduaie studies, the inrdiution of dcgrees, tirles, diplomas, cenificntes and olhcr academic distinciians:

(xiv) (OrcLomrncnd mihe Scnnte, on lhcadvice of the apyropria~e body, ~ h c conferrncnr of degrecs. lilies, diplomas, cedif ic:~~es :~nd arher adadcmic distinctions on persons who have pursued prescribed caurscs or studjes or havc been cxernpted herefrom in rhe prescribcd rnunner, and havc passed such examj0arions, or have carried or! research under such condiriaos, as may be prescribcd;

(xv) LO recommend lo [he Scnare the conftrrnenl of honorary degrees and olher adadernic dis\inu~ions: .

(xvi) to apprnve the consliru tiotl ur recanstilulion of h e respccdve depzrriment o f icaching on tbt. recornrncndaljon of [he respecrive Factrl~y Council Car pusl-graduate studies;

(xuii) to rnake regulations regarding ihe courses of sludies and ]he rlivisio~~ of subjcc~s nncr obtaining and considering [he recammendarion nf rhc Facally Couacih for psi-graduac srudies and Council for nndcrgr~duurcsrudics jn this regard:

Page 28: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions

Tire Calcrrrra Ut~iver.sily Act, 1979.

(xviii) 10 makc regulations regarding the examinations which shall be recognised as the cquivnlent cxnminiltions held by [he University;

(xix) lo makc regularions regarding the conducl of examina~ions held by I he University and [he condition undcr which students may be admilled lo h e different courses of sludies and [he exilminations hcld by ~ h c Univcrsily;

(XX) LO make regulations regarding all other rnallers which may be or are required lo be prescribed or provided for by regulations;

(xxi) 10 providc for cooperarion and reciprocity among colleges, institutions and laboratories and the University so as to Cosrer [he developmen~ of academic life and ro ensure the fullesl utilisation of [he teaching resources available on Lhe recommendation of [he respeclive Faculry Council for posc gmdunre studies or Council for undcr-graduate sludies;

(xxii) lo give directions regarding the form, cuslody and use or Lhe common scnl of the Univcrsity;

(xxiii) lo acquire, hold and dispose o l property, movable and itnmovable, and lo adminisler al l assers. properlies and funds or [he Universily. and [o underrake all mcasurcs necessary or dcsir~blc for thc conservation or augrnenta~ion of thc rcsourccs or [hc Univcrsity:

Provided ha1 for the purpose of disposing of any propeny valued at no1 less lhan one lakh of rupees previous approval Co the Senale shall be necessary:

(xxiv) lo accept and adminisler gilts, endowments and benefacrions for the furlherance of the purposes of this Acl:

(xxv) lo accept grants and to raise or accept loans on behall of [he University and lo make grants or advances rrom thc Universiry fund or other special Funds mainlaincd by thc Univcsi ty;

(xxvi) ro enter inlo an agrecmenl with [he Govcrnmenl or wilh any person, body or authority for the taking over by [he Universily of the managemen1 of any college or institulion. including ils assers and liabiliues, or Tor any olhcrpurpose not repugnanl to [he provisions of this Act on the recommendalion of [he Faculty Council for posl-graduare studies or the Council for undergraduate srudies concerned;

Page 29: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions

T!IC Crrlrrtrt~ U!~iver .s i~y Acr, 1979.

(West Ben. Ad

(xxvii) In mdnagc the Press Es~nbl ishn~eot . the l'ublicntio~l Bureau and the Employraent Rurem oT1l1c Univesi tg and lo cxucisc gcncral supervision over Srudcnts' Unions, Univcsiiy Exlension Boards. University Sports Board ;oul nrl~cr bodies instiiu~rd by the University;

(xxviii) to approvc lhc Annual Slate~nenrs of Accounrs and ~ht: Annual Financial Estima~cs vf rhe University and to suhmil thc same lo \he Scn:~le for considcril~ion;

(xxix) lo prcparc rtte a~inual report and submi1 d ~ e sdmc to rhe Senate roc consideration;

(xnx) LO make duc provision for he health. well;lre, residence and discipline 01 students and lllcir relalionship with [he University and to provide far such other lraining of students as may bc considerd dcsirabb;

{ ~ k x i ) Ib co-optrate wjlh other Univcrsilies, inslithtions. associn~ions, societies or bodies on such tcnns ar~d Tor such purposes, rot irtconsis~cnl wilh the purposes of this Act, as i t Iuay dcb?.rminc;

(xxxii) 10 makc rilles for [he trmsaclion o i iu own busi~less: (xxxiii) ro cxcrcisc all orller powers and pcrrorrn a l l other func\ions

conferred nnci imposed on ihc Syndicalc by or tlnder h i s Acr:

(xxxiv) 10 exercise general supcrvisinn over [hc Facul~y Councils for posr-gnduale sludies and 1l1c Councils fnr uadergroduaic studios and givc s u ~ h directions to thcse Councils Tor [he due discharge of their respective d u l ~ e s as i t n i y consider necessary.

T11c Faculty 23. { I ) There shall be Lhe following, FacuIiy Councils Tur posi- Cauncilqror graduaIestudies:- PSI-gndualc btudlcs. .(a) the Faculty Council for Posr-Graduate Slutlies in Arts;

(b) theFacuIty Council Ior Posi-Graduate Sitdies in Commercc, Social Welfare and Business Mnnagemeni:

(c) Ihc Faculty Council Ibr Pan-Graduate Studies in Medicine '1, Nursing, Hon~ocopsthy , Ay urvcd) and Den ti11 Science;

(d) thc Faculty Couacil for Post-Graduate Studies in Law; (e) ihe Fzculty Council for Post-Graduate Sludics in Wucation.

Journalism and I-ibmry Gcicncc;

(I) the Facully Council Tor POSL -Graduil~c Studies in Fine Arls. Music and Hcme Sciencc;

- 'Tbc wads rvi~hir~ the squarc hmchrs uerc ~nscncrl by 4. R(I](a) o f tlw Calcuun

Uoiucmily (Xmtndmcnr) Act. lYEU ( \ s ~ I3co. ha XLIV u l 19811).

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XXXVLII of 1979.1

(g) the faculty Council for Post-Graduale Srudies in Enginccring and Technology:

(11) the Faculry Council lor Posl-Graduate S tudics in '[Science, andl;

? ( i ) thc Facully Council lor Posl-Gradua~c Srudies in Agricullurc find Ve~erinary Science.

(2) Each Faculty Council for posr-graduare sludies shall consisl or [he following members:-

(i) the Vice-Chancellor-Chairman:

(ii) the Pro-Vice-Chancellor Tor Academic AlTairs-Vice- Chairman:

(iii) the Dean of rhc FacuIty Council concerned: (iv) the Head or Hcads of the D c p a r l m e n i or Deparlmcn~s

concerncd, iC any:

(v) the Professor or Professors orthe Departmen1 or Depanmenls concerned, i f any:

(vi) ten Teachers parlicipa~ing i n pas!-graduate leaching in the su bjecl or subjects concerned of whom five shall be from constiluent colleges ar proressional collegcs, nomina~ed by the Vice-Chancellor. and five shall bc Teachers of the University, athcr ~hali Profcssors to be elected by such Teachers from amongst ~hcmselves;

(vii) not more than rhree pcrsans having special knowledge i n the subjecr or subjecls concerned nominated by [he Vice- Chancellor:

3(viii) thrcc Teachers purlicipaling in undergrilduute leaching in thc subjecr or subjecls concerncd elec~cd by [he members of [he concerncd Council for undergraduale sludies:

Provided Lhat in 1hc case of the Faculty Council for posl- gnduare studies in-

(a) (1) Enginccdng and Technology, (2) Finc Arls, Music and Home Science, (3) Lawq4* * *

-'(4) Medicine, Nursing. Homoeopathy, Ayurvcd and Denral Scicncc. and

5 ( 5 ) Agriculture and Vclcrinary Scielice.

'The words tvi~hin ~ h c sqrraw hmkcls wcrc siibstitu~cd far the ward '-Scicncc." by s. S(l)[b) or thc Calc1111;l Unircni~y (A~nendmcnr) Act, 1980 (IVcsl ncn. Acr XLlV or 1 9 s ~ ) .

'Cli~urc (i) was inscrrcd by s. S(l)(c). ihirl. !Clause (viii] wns subs\irurcd Tor thc original clausc by s. 8(2)(n). ibU 'TI1c word " a n d was omirtcd by s. R(Z)(b)(i). ilrid. 'Sub-clausc5 (4) and ( 5 ) rvcrc subsri~utcd Tor theoriginal suh-clause (4) by s. 8(2)(b)(ii).

ilru

Page 31: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions

Thr Cnlcrtttn V J I ~ iwrsirj Acr. J 979.

[Wcsf Bcn. Act

( C l ~ a p ~ c r I!!. -?lrrrl~nr+itic.~ of tfre Utriversity.-Sechm 24.1 , - .

Ihc Principal or Principals oF ~ h c collage o r colleges concerned. (b) Commerce. Social Wellirc nrul Rusiness Mii~lilgemcni.

rhc Princip.dI,?r Principi\ls of ihc college or collegcs concerned and the Head or [he Deparlmenr of Economics, and

(c) Edurarion, JournaI ism and Librarj Science, ihe heads of rbc Dzparrments of Economics, History a ~ ~ d Poli~ical Scicnce and [he Ccnienary Proressor of lnizrnarianriI ltclnlions.

shall be the addiiionnl mcrnbcrs of sucl~ Council:

Pravided furlher rhaL '[in the case of Ihe Faculty Council for Post- Graduate Sttrdics in Medicine. Nursing, Womocoparhy, Ayurvcd and DcnlaI Scicnce, h e Dirrcrar of Medical Education.] Government of Wesl Beng:~l. shall bc on additional member o f such Council: and in the case o i ~ h c Faculty Council for poscgradu;rrc srudics in Engineering and 'Technology. such Council shal\ bt cniirled 16 co-op1 a reprcscnla~ivc each of the Governmen1 of West Bengal anrl he Gor,errtmait of India as additional rnernbcrs of such Council:

Provided, also chn~ \he Facul~y Council concerned may co-op1 suclt Dean at Dcuns of any orher Faculty Council for post-graduate s~udies as it may consider ncccssal-y.

(3) Each Facul~y Council !or pol-gradualc srudies shall have a Secretary. The Sccretor). slliljl bc a member af the Facul~y Council.

(4) Onc-third of r l w lulni number of mernbcrs of a Faculty Council for posl-gaduare s~udies shall bc a quorum for a meerin g of the Faculty council.

P O W C ~ and 24. Subject lo rhe provisions of [his Act, and (he Statutes, me durifi ~ ~ i l ~ ~ Ordinances and the Regularions. a Faculty CounciI fnr post-gr;lduolc Facu''y studies shall exefcise ~ h c foi lowing pwers and prrorrn tllc rol lowing Counril fur posr-grad~ra~c dulies:- , sadics. ( i ) to rnakc prupor~ls ro [he Syndicale lor the escab1ishmenLof

University Collcgcs, Ullivcrsiry Deparlrncnls, insliitfiions, libraries, lnbnnrories and niuseunls for swdy and research to bc mainmined hy Ihe Universily:

( i i ) to recommend lo thc Syndicare rhc crcadun aild inslilution or Professorships, Readerships. L c c ~ u r c s h i ~ s i ~ ~ r d 0 1 her leaching posls and thc dulizs and emnlumcnts 111crcot

- -

'Tnc umords rvirllin thc .squ~rc bmckct~ lvcrc ruhs~rtlrIcd for rhz WW& "in r h t c x t of the F~culrq. Counuit CorR)s~,gmdunlc S~rldics in Mudiuinc and I l c n n l Scicnc:. rh: nirecivr of Hcalrh Servi-us," by s. 2 or ~ h s C:~:cufla Univcrsily [An~cndmcnr) Acm, 1992(Wczt Bcl:. AFI XV1 o f 1992).

Page 32: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions

Tlrc CcrI.~trru U~i i~?ers i y Act. 1979.

XXXVIII of 1979.1

(iii) lo make proposals lo the Syndicarc for the promotion o l research and, through s ~ c i a l cornmittces, if any, conslituted for rhc purposc, to call for repons on such rcsearch work fro~n persons cngngcd ~hcrein. and to make recommcnda~ions to the Syndicare thcrcon:

(iv) to prescribe afler consulling Lhe Syndicare [he minimum qualifications lor posts or Tcachers of the Universily;

(v) lo make proposals to [he Syndicate regnrding provisions lo be made far enabting he University to undertake specialisation of studics and for organisa~ion or cornnlon laboratories, libraries, museums. institutes of research and other inslitulions, mainlained by the University;

(vi) to conslilure or rcconsliturc he deparlmenrs of teaching with the approval or the Syndicalc;

(vii) lo mitkc provisions for leclures and inslructions for sludenls or consritucnr and U~iiversily Collcgcs and University Laboralories and also for other persons who arc no1 such studen~s;

(viii) to advise the Syndicilk on Lhe inslilution of dcgecs, litles, diplomas, cerlificates and othcr academic dislinc~ions;

(ix) lo hold and conduct, subjccl [o general supervision by Ihe Syndicale, Universily examinilrions and pubIish thc resulrs thereof in accordance wilh ~ h c rcgulaLions made in h i s behalf;

(x) to provide Tor the inspecrio~l or thc invesligation inlo the affairs or any departrnenr or any Universily College and submil reporl to the Syndicate;

(xi) to have general supervision ovcc the Boards of srudics altachcd to Ihe Facully Council;

(xii) to rrame rulcs rclaling to hec courses orpost-gnduare srudies and the division of subjects in regard thereto and La recommend ID thc Syndicate the making or Regulations in this behalt

(xiii) ro appoint, i T rcquired by the Sundicnrc, ilrter considering ihe views of ihc Bonrds of sludies attached to the Faculry Council, Bonrds oi Examiners in [hc subject or subjects relating lo posl-gnduak s~udies, iucluding h e subjects for doctoral thesis and Tor prizcs and medals;

(xiv) tocdl lor such reports or inrormnlion 3s the FacuIty Council may cansidcr necessary for zfficienl discharge of its dulies horn the teaching depilr~menls, research units or Boards or studies;

Page 33: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions

T l ~ c Councils rorundcl- gmduatc sfudics.

(xv) 10 ca~isidcr :my cducotional Illa1ter relaling lo [he FacuI~y Council and to arrive 31 dt'cisic11is or make rrcum~nend;~[ions perlaining Ihcrcto to [he rrppropriak zulhaficy or officer;

(xvi) to maintarn conlac1 with I11c corresponding Council far irndergradua~e srudizs for rhc purpose of shar in~ ideas and cnsuring co-ordinatio~~ s;

(xvii) IO stibsilil edch year irs annual rcport I0 [he Syndicate:

(xviii) lo make rules Tor lhe lransnction of i ls orvn business:

xi^) \o clcctcisc all ulhcr pa~vcrs and pcrforrn all o~her luncl~ons conrered und i ~ ~ ~ p o s e d on i t by or under [his hcr;

(xx) lo delegtttc to dat. reaching departrnenw, rcscarcb unils, and Boards of Studies aitacllcd ru it tllc responsibili~y for such acaden~ic mailers 3s respeclively conccrn such deparimenrs. units and Boards;

( x x i ) lo cansidcr artd approve results of examinations leading 10 post-gradmtc dcgrecs. diplomas and cer~ificnte~;

(xxi i ) 10 recommend ro lhe Syndicate Ihe corfcmen~ 01 post- gnduare degrees, diplomas and certific;rtes.

25. (1) There shall he ~ h c follawing Cuuncils lor undcrgraduelc sludies:-

(a) lhc Council Tar Undcrgrnduarc Studics in Arb, Scictlce. Camrncrce. Home Sciencc, Fine A m and Music;

(b) the Council for Undergraduale Siudies In Medicine. Dzntat Sciencc, Hornoeopilthy '1. Vcterhary Science. Nursing} and Ayucvecl;

Ic) thc Coo~~cil for Undergr.?duate Shdics in Engineering itud Technology.

(2) (a} The Council for Undergraduate Studieh in Arts. Scicuce. Conlmcrce, Home Science. Fine Arrs wd Music shall cossis~ of the following members:-

(i) lhc Pro-Vicc-Chancellor fhr Acadcmic AFfairs-Chairman;

( j i ) the Principal, Presidency Collcge;

( i i i ) thc Principal. Sanskrit College;

I(iiia) ihe Dcans 01 the F:lcrdty Cau~icils [or Pus[-GraduaicStudics in Am. Science, and Comme~c. Sacial WelF~re afld Busit~rss Managernem: -

I 7hc words wilhin squarc bmckrrs wcrc inscncd by a. 9(1) ~i )hi: C;llcu[t~ Univcairy (An~c~~drncnl) Acl. 1980 ({Vest Ucn. Ac! XLlV o l 1960).

'Sub-cln~rsc (bin) ~ 0 s insccrcd by s. ')(2Xi), rbir!.

Page 34: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions

(iv) lhirleen Tcochcrs, other than Principals, of affiliated colleges parlicipaling i n undergradunre leaching in fie subjec~ or

s~lbjecls concerned of whom not morc than three shall bc from ench or [he Arls. Science and Comrnerce srreams of educalion and 31 Lcns~ one shall bc rrom each o f the other slrcoms lo be elcctcd i n h e manncr provided in the Slarules;

'(v) five Principals of arfilinred colleges. of whom-

(a) onc shall be a Principal impar~ing insrruciion in undcrgmdune srudics i n Arls, Home Science. Fine Arts and Music,

(b) one shall he a Principal irnparling inslrucrion in undergraduate s~udics in Science,

(c) onc shall be a Principal imparting instruction in undergraduslle sludies in Commcrce.

(d) one shall be a Principal imparting ins~ruclion in undergraduate srudies in Medjcinc, Derual Sciencc, Homoeuparhy. Velerinnry Science, Nursing and Ayurved, and

(c) one shall bc n Principal imparting iaztruction in undergrrtdun~e sludies in Engineeri t ~ g and Technology,

eleclcd Iioln amongst the Principals of such colleges in thc rnanncr provided in the Staru~cs;

'(vj) rhree members, one ench from h c Facul~y Councils for Posi-graduate srudies in-

In) Arls,

(b) Science, a i d

(c) Coinmercc, Social WelFire and Business Mnnngcment ,

elected in h e rnanncr provided in the Statutes.

(b) The Council shall have a Sccrctary. The Secrcrnry shall be a rnen~bcr of the Council.

(3) (a) Thc Council for Undergradunte Studies i n Medicine, Denlal Science, Homwopathy 3[, Vclerinary Scicncc. Nursing] and Ayurved shall consist of h e following members:-

(i) [he Pro-Vice-Chancc!lor for Acadcmic Affairs-Chairman: - -

'Sub-clause (v) w;rs ~ubsli\ulcd ror Ihc original sub-clause by s. 9(2)(ii) of rhc Calculrn University (Arncnd~i~cnt) Acr. 1980 (Wcsr Rcn. Acl XLlV or 1960).

7 . -Sub-clausc (vi) w m u:uh<lilu~cd for thc nrigir~al sub-clausc (v i ) by 5. P(Z)(iii), ibid. .'The wolds within thc squarc hrnckea wcrt inscncd by s. 9(3)(a). ;bid.

Page 35: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions

The Cc~icarfa Uni~persi~y Acr. 197Y.

[West Bcn. Act

(Qtt~prer Ill.-Artrl~urirics of tile Utaiversi~y.--Sectiotl 25.) , .. .

'(ii) eleven Texhers. othrr rhan Principals, of affiliated colleges pariicipa~ing in imder-graduale teaching in Medicat Science. of whom-

(a) six shall be he Teachcrs of afliliatcd Medical Coll~ges etecred by lhe Teachers of such colleges frnm amongst iherr~sefves,

(b) onc shall be a Teachcr or an affiliated Dcnral Scicnce Collegt: elccled by (he Tcachers of such cu!lcges from arnongsr ~ l ~ e r ~ s c ! b e ~ ,

(c) one sl~illl bc a Teacher o f a ~ arfiliatcdvcrcrinary Science Callege clccrcd by \he Tcachcrs of such colleges from arnonga themsclvos,

(dl one shaIt bc u Texller of ;in afilialed Hornoeopa~hic C~llcpt: eleu~ed by thcTcachers or such coIleges from amongst Ihemselves.

(e) onc shall be a Teacher of ai l aifilia~ed Nursing College elected by [he Teachers orsuch colleges from mongsl lhzmselves, and

(I) one shall be aTeacheroian affiliated Ayurvedic College elecrcd by the Teachers or such coIIeges rrom anrorigsi themselves,

tile cleclion being held in the manner provided in [he S131ules;

?(iii) seven Principals orarfiliaied college?, p:~riicipating in under- gradvale teiiching. of whom two shal! be from Medical Collcgtx, one shall be From Homoedparhic Colleges. one

shall be Froin Ayurvedic ~ofleges. o11c shall be from Denla1 Scicnce Colleges, onc shal! be from Colleges of Veterinary Science and ouc shall be from Colleges of Nursing, nomi~lalcd by the Vice-Chancellor:

'(iv) thrce rnclnbcrs of rhe Faculty Cou~~ci ls for Posl-Crilduaie Sludies in Medicine, Nursing, Homoeopulhy. Ayurved and Denral Science, and Agriculturz and Vcrtrinary Scicncc, uf whom o w shl,?l( be Dean. clccted horn amongst thcmselvcs in \hc manner provided in he Statules.

(b) The Council shalt hwe n Secrcrary. Thc Secretary shall be a memher or fir: Council.

-

'Sub-clausc {ii) was s u b s ~ i ~ u ~ d lor rhc oriainal suhcl:,u~c hy s. 0(3)(b) urihe Cdcurln Univcrsiry (Amodr.*sni) Au. \9&0 ;0i\"a1 Urn. AcL XLIV or 1980).

'Sub-clwsc (iii) was s~rh;lirurcd lor rhc urigisnl suh-clause by s. 9(3)(c), ihid. 'Sub-Bausc (iv) w a subs~ili~rcd lor rhc originnl sub-clausc by b. 9:3)(dl. ihid

Page 36: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions

Tiat Cr~\crrrrtt Ur r i~~crs i~v Act, 1979.

(4) (a) The Cwincil for Undcrgmduate S~udies in Engineering and Tzct~t~ology sliall collsis~ of rhc Ibllowing members:-

(i) The Pro-Vicc-Cl13nccllor Tor Academic Affairs-Cliair~nar~:

(ii) (a) four Teachers of arfiliilted cnginccring collcgcs par~icipa~ing in undergrxluatc rcnching to bc norninntctl by rtie Vice-Chanccttor by ro~alion in order orscniority represen~ing four major strealns. ~tamely, Civil, Elcc~ricnl, Me~allurgical and Mechanical:

(b) three Tencl~ers, one from cach or ~cchnnlngicul insrilules, tlaniely. Lcurhcr, Ccrarnic a id Tcxtilc. !o bc elec~ed by he rcspcc~ivc Tcachcrs or rhc ins~ilutcs in the lnanncr provided in the S~n~ules :

(jii) Lhe Principal, BengaI Engineering Collcgc, Shibpur, How rali;

(iv) the Principal, Collcgc 01 Tcxti te Technology, Sera~nporz:

(v) h e Principal, College of Ccrarnic Tcchiiology, '[Kolknlil];

(vi) [he Principal, Collcgc of Lcalher Tecl~nology. '[Kolka~a];

(vii) ihc Dcan of ~1ie Faculty Council Tc~r Posl-Gradua~c Studics in Engineering and Technology;

(viii) lhree rnembcrs or (he Faculty Council for Post-Graduate Studies in Eilginccring and Trchnology of whom one shall be from cach or the streams of Radio Physics, Applied Physics itnd Applied Cheniislry, to be elecred in rhe manner provided in the Stalules.

(6) The Council shall have a Secrelary. Thc Sccrcrary shnll bc a member or the Council.

(5) Onc-third o r thc Lola1 number of n~elnhcrs or ;I Council Tor undcrgraduale studies sllall be a quorum ror a nlccrin:: or 111c Council.

26. (1) Suhjcct ro ~ h c provisions of this Acl, and the Slalules. thc r o $ ~ c n a n d Ordinances and thc Rcgulnrions. a Council Tor undereradualc aludica dulicsoCrhc - shnll cxcrcisc rhc following powers nntl pcrfnrm thc rollowing Couflci'sfor

u~idcr- du~ies:- grndun~c

(i) ro recommend lo the Syndica~c thc affiliation or n uollcge smdics.

or at) itls~iru~ion i n onc or more subjrc~s;

(ii) IV cilsurc annual iospec[ion of colleges;

(iii) lo exercise general supervision ovcr lhc colIeges to ensure thar the condi~ions or url7Iiation are properly rulIiIled, the slandard of leaching is uniformly inain~ained and syllabuses as prescribed are propcrly complered wirhin the academic

Page 37: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions

Tile Catcrrtf~~ UII illersiiy ACI, 1979.

[West Bcn. Acl

( C h p ~ t r I! / . -A ~ t ~ l z v r i ~ i e s o j t h p ~ r t i v e r s i ~ ~ . -SLY*I~~-JII 26, }

. -

(iv) lo f ix the [as[ datc of admission of studen& ro differcni courses of sruclies and [he darc of commencc~nenl of examinations 111 conrullarion wirh orhcr Councils for undergraduate sludies: ,

(v) to ilppoil~t Head Exomincrs, Examiners. Paper-seltcrs, Scrulinccrs, Co-ordiniriors, Convc~~urs , Tabuliunrs and orl~er persons under Ihc general supervision of tlie Syndicarc;

(vi) 10 hold and conducl examinarions and ra approve and declarc he results or the examin31ions wirhin such period us may bc prescribed:

(v i i ) 10 recommend lo the Syndicale lhc disafrilialion or withdra\vlal o r dfilinlion of ally college in respect of any subjecr or subjects. if, on reccipl of wrincn repor1 from a tcanl orlnspecrors '[appoinled by [he Universily], the Council is OF opinioil lhnt gropcr slandard o f teaching is no1 ~~lai~irainccl ur conditions of arIiIialion are no1 properly fulfilled or [he resul~s or thc candidares sen1 up by the college for any e~arninntion are u~ i sa~ i s i ;~c~ory or rhc college has Failcd to comply i u i ~ l i the Jirrc~ives or the Council:

[viii) 10 approvc appointrnenls of h e Principal and Teachcrs of ;I college;

(ix) to eshblih, mainpiin and manngc halls ;md hmlcls of under- graduate colleges;

(x) to recommend to Lhe Syndicale [he lemporary pike ovcr of rhc ~nanagcmeur of an nililiared or a recognised collejic or institu~ion. other lhitn a Governmcnt College, in order lo ensurc r h a ~ proper s l a ~ ~ d a r d s of leaching, !raining or

i nslruclion arc rnainlnined thcreiu; (xi) 10 prokidt: fur the inspcciion or invesligaiion into rhc affair;

of undirgradua~e college or institurions recognised by the Council or afliliated to rhc U~liucrsily and [o excrcise gcneral supervisinn and conirol over them;

(xii) ro make duc provisio~~ roc health, weIrare, residence, and discipline of s tudcn~s and llleir rela~jonship with the Uuiversiry and 10 provide for such [mining of sludenrs as may bc considcrtd dcsirablc;

(xiii) lo recommend to [he Syndicare the dissolulicln of lhe Govcrn i~~g Body of an affiliated collcgl: or instilulion, olher lhan a Ciovernment College, and pending rcconsliturion of thc Governing Body, the appoinlrnent of an Ad~ninisrraror or an nd hoc Governing Body;

'Thc words within rhc square bnckcls +v~.cn: inscrtcd by 5 In(l)(a] of lhc Calculra Uniccrsi~y (Xmcndmcnt) Act. 1'4811 IlVcsl Bcn. Aci XLIV or 19RW.

Page 38: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions
Page 39: Act 38 of 1979 · Act (7) ro prescribe Tor collegcs [lie rules For Teachers' Councils; (8) !o provide for rhe inspeclion,or invcsrigaiion inlo Ihc affairs, of collcgcs or insri~u~ions

[Wcsl Den. Act

13c~ns of I!nci~tty Councils.

T h c Finance Commillcc,

'Thc 'Tripurn Council.

(2) Nul withs~nnding anything conlnincd in sub-secrion (I), r he Council for Undergraduale Sludies ill Medicine, Dcnlnl Science, Hornoeopalhy '[, Vclcriimry Science, Nursing] aud Ayurved shall 11avc Ihc rollowing additional powers:-

(i) lo have gencri~l rcspo~isibi lily for acudcrnic affairs of Medical Colleges affil iarcd Lo the U tiiversily rclaling 10 cnlritncc requircmerlls. curl-icula. inslruclions. examinarions, discipline, s~udenl ac~ivilics, all~lzrics. college libraries and similar olt~cr lnnrlers;

(ii) to rr;'r;lme rihes aiid makc rcgulalions relaling LO courses or undergr;lduilic sliidies in Medicii~c and ~ h c division 01' si~bjccis i 11 regard thcrc~o:

( i i i ) lo advise afliliacd colleges regarding provisions 10 bc rniidc lor and ~ l ~ c nd~ninistrsl~ion ilnd supervisiou of the acadelilic al'fairs lnenrioncd in sub-clause (i). 10 provide Tor in?;pcclion of the collcgcs and lo call for rrom such collcgrs rcparts or orher infommalion in connecrion ~herewirl~.

27. (1) There shall b n Denn For each Faculty Council Tor post- graduale studies who shall bc clected by rhe Faculty Council ill such inanner and sub jec~ Lo sucli condilions as rnay be prescribed by Slatutes.

(2) The Dean shall hold office as a Dean for such lcrm as may be prescribed by Ihe Stalutes.

28. T tmc shall be Boards of S~udics allached to every Faculty Council for Posr-gradu~c S~udies or Council For undcrgrildtra~c studies. Thc cans~i~ulion of the Boards or S~l~d ies shalI be firescribed by Siaturcs and IIIC powers and functions of thc Boards st~all be prescribcd by Regulnrions.

29. There shall be a Finai~cc Cornmiltee with il~e Vice-Chancellor as the Chairman and thc Pro-Vice-Chancellor lor Business ATf~irs and Finance as [he Viuc-Chairman. The cousri~ulion, powcrs and r~rnctions or lhc Finance Committee shall bc prcscri bed by Slamres aad its proccdurc in financiill mallcrs, i~lcludi~ig rhe delcgillion or its powers, shall be prescribed by Ordinanccs.

30. Thc composi~ion, powers a ~ i d duiies or the Tripura Council shall be such as niay bc prescribcd.

.. - 'Ric words within thc squurc hraclicL5 wcru inscncd by s. lo(?) of rhc Calculrn . . > . ..I,>.> ..I, I, . ,-, ,,. . < ,,.. >,,.

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xxxvnr or 1979.1

31. (1) A University Proressor shall be uppoinled by h e Syndicale on the recomrnend;llion of a Selection Coniniirree consis~iag or-

( i ) [he Vice-Chancellor as Chairman:

(ii) [hc Pro-Vice-Chancellor for Acadcmic AiTairs:

(iii) the Dean of the Faculty Council concer~led;

(iv) il pcrson, not holding m y office or prolil undcr thc Univcr- sity and having special k~lowledge or I hc subjcc~ which the Professor will reach. tlominnted by the Chancellor;

(v) two pcrsons, not holding any olhcc of profit under the Univcrsi ty and having spccial knowledge of Ihe subjcct which the Prorcssor will [tach, nominalcd by the Syndicale.

(2) A Universi~y Rcndcr or o Univcrsily Lcctltrer shall be appointed by thc Syndicate on ~ h c recommcnda~ion or n Selccrion Con~mirtee consisting of-

(i) ~ h c Vicc-Chancellor as rhc Chairman;

( i i ) [he Pro-Vice-Chancellor for Acadetnic Affairs;

(iii) [he Dan of the Faculiy Council conccrncd or, in his ;~bseiice, [he Head or the Depanment concemcd;

(iv) apersoli, not holdingany officeofprofitundertheUaiversiry and having special knowIedge of the subjecl which [be Reader or the Lecturer will teach, nominared by the Cha~icellor;

(v) Iwo persons, nol I~oldi~lg any office of profir under [he University and having special knowledge of the subject which [be Reader or llle Lecturer will leach, nominated by h e Syndicale.

32. (1) Four members shall be a quorum fora rneeling of n Selection Commi tlee.

(2) If any mrmbzr of a Selecriou Cammi~ree is urlablc ro attcnd, hc may send his opinion in writing ro [lie Vice-ChancelIor and such opinion shall be laken into consideration by [be Committee.

Pmccdurc Tor holding mcc~ings 01 S c l c c ~ i o ~ i Cornrnil!cc.

(3) 11 rhe Syndicate does not accept [he recommendation of a Selection Commirree, i t shall rclcr rhc rccominendation back [o the Selection C o m m i ~ ~ e e will^ reasons for reconsideration and if [be Syndicate does not slccepl the reconsidered views of the Seleclion Cornmiltee. [he marrer shall be referred lo [he Chancellor with reasolis and [he decision of the Chancellor shall be I311nl.

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[West Ben. Act

~ c r ~ c ! or 33. (1) E v e ~ y Tcncher. evcry ollicer and cvery employee of the applnttncnr clf~e;ichcrs, Ut~iverjity shall, on appoinlmenl as such, bc provided wilh il let~er or oiliccrsnod nppoinlrncn~ cotltaining such lerms and conditions or appoin~ment as crnployccs.

niay be prescribed by Ordinances.

(2) A Teilcher or an officer or an empioyee appointed against a perrnnncnt vacancy sfl:~lt bc on probatio~l ordinarily for a pcriod or one ,

year Iiom the date or such appointment and such pcriod of probation may, a1 the discretion of Ihc npproprialc aulhorily of Ihc University, bc cxlended for a rurlller period not exceeding ane ycnr.

(3) If, ai ;my time during Ihe pcriod or probarion, the probarioner's work is nol considered satisraciory, [he probiiiol~er shall bc discharged by the outliority concemcd.

(4) On sa~islaclory co~npletion of [he pcriod of probalioli, a Tcncher or an officer or an employee. as the case may be, shall be confirmed with errcct from [he dale of his appointmcn~ on proba~ion by an order in wri~ing madc by [be University in this hchalf and the Tact of such confirnia[ion shall bc communica~ed ro the person concerned:

Provided ltlar jT, on complclion or Ihe period of probation, no such ordcr of confirmarioo is made and communicared lo [he person concerned within a period of two mouths of the cornplelioa ol' the period of probation. the person concerned shall be decnied lo have becn coniirmtd rvjrh effect rrom the dale of his appoinlmcnl on proba~ion.

Tcrnrinalion 34. The services o i a lelnporary Teacher or officer or cmployec shall of scrvicc of lc,w,v not be terminated before the expiration or lhe pcriod for which he is Tc"h~r, appoinled exccpt afier serving one month's nolice or paying him one officcr or crnplrtycc. month's salary in liew ~hcreof.

Slmding '35. The Syndicute may, subjecl lo the provisions of his ACL. prescribe conlnllrlcc forxclccGon by Ordina~~ces the constitulion of n slanding committee or standing OrorFiccrs committees lor selection of persons for appointment to thc pos~s of and non- [caching officers and 10 the other non-leaching posts of [he University and thc crnployccs. procedure and the method of such seleclion.

'Tribunal. 3 6 ( 1 ) If in the casc of any dispute bc~ween rhc Universily and ally Tcacher, orficer or employee of [he Universi~y no final order h a s beeti passed by the University within a period of one year from the djtc

'Scction 35 was subs!irulcd for rhc nriainal sccliun by s, 2 or rhc Wesl Bcngal Univcrsily LIWS (Arncnd~ircn~) Act. 1988 (Wcst Bcn. ACI Vlll of 19YR).

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Tile Calcrmn U~iivcr.~ity Act. 1979.

(Clrup~er IF-Ger~eml pr.avisio~~s gul)c~~rrirrg all u~rrfror i f i~ .~ ur- orlrer- burlies of rille U ~ ~ i ~ l u r s i ! ~ ~ . S e c ~ i o r r 37.)

on which the disputc was rcrc~cd ro Lhe University by such Tc~chcr, officer or cmploycc, such dispule shall, 011 r l~e request of such Teachcr. officer or employee, be rcrerred ro n Tribu~tnl consislitlg of rile rollowinfi mcmbers, namely :-

[(i) a Chairman to be nominated by ~ h e Chaiicel lor in consulration wirh the Minister;

(ii) one person 10 be nnrninutctl by lhc Syndic:htc;

(iii) one person lo be nominiired by lhc Tcochcr, officer or employee conccrncd.

(2) The Tribunal may call for any record, report or other inforr~ialion from the Universily i f , in its opinion, such record, rcporl or olher inforrnaliot~ is necessary for efficient dischnrgc aT i~s functians, and the University shall furnish such record, rcpon or orher inrormntion lo the Tribunal.

(3) The decision of lhc Tribunal shall be li11a1 atld no suil or proceeding shall lie in any civil courl in respec! of [he malters decided by the Tribunal.

(4) Every rcqucsl unJcr sub-seclion ( I ) shall be deemed lo be a submission lo arbi~ration upon [he lerms of this section, within he

IDof 1940. meaning of rhc Arbilration Acr, 1940, and all [he provisions or lhal Act with ~ h c cxceplion of section 2 [hereof shall apply accordingly.

CHAPTER TV

General provisions governing all authorilies or olher bodics of llie University

37. (I) No person shall bc qualified lor eleclion or nomination as :z?lifiC"- a ~nember of any aulhority or body or [he Universily or sllall conlinue as such member i f he-

(i) is of unsound mind or a deaCmule, or (ii) is an undiscl~arged insolvcnr. or

(iii) has bccn convicted by a court of law for an orrcncc involving moral lurpilude.

(2) In case olany doubl or dispu~c, ~ h c Chancellor's decision whelher a person is disqualilied under the provisions or sob-seclion ( 1 ) shall be final.

(3) No person shall be cnti~lcd 10 slaud ns a candidare for eleclion to any authorily or body or rhr University from rliore Ihaii one

'Clnusc (i) \vxs subs~ilu~cd Tor 1lic nrig~nal ~ 1 3 1 1 s ~ by s. I I of ~ h c Calc~rn~ Uoivcnily (Arncnd~nc~i~) Acl, 19RO (~VCSI I ~ C I I . ACI XLlV uT l9liD).

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[West Ben. A d

Parl-lirnc Tcachers or pnn-~imc non-!caching slaCr nnl ui bc enlillcd 10 bc cnrollcd as V O I C ~ or [n bc nami- ~ ~ a i c d .

(4) No person shall be rnlitlcd 10 be enrolled as a votcr Tor, or to cast his vole at, an elecrion 10 any aurhority or body of the University from morc than one consrituency:

Provided lhnl !his sub-section slialI nor apply iu the case or an clccrion of ~nembcrs of r l~e Scnnrc lo the Syndicale, thc Facul~y Council Ibr posbgradua~e studies, imd the Councils far undcrgr~duate srudies.

'37A. NorwithsIanding anything contained elsewherc in [his Acl, no person shall,-

(a) i r he is a Teacher. no1 holdi~~g any wholeiime caching post, or appoiuled for n specified period, or

( b ) if he is ;r member of thc non-ieaching stafr, no1 appoinlrd on n regular scalc of pay, nr not holding any ivholc-time non-teaching post,

be cnri~led 10 be cnrollcd as a votcr Tor, or 10 C X ~ L his vole ill, an eleclion LO any aurhorily or body or [he University or of any college or inu i~u~ ion arfilia~cd to the Universily or lo bc nominated to any such aurhori~y or body.

Exy1a1rariorr.-"Regular sculc of pay" shall mean pay ivhicli. subjecl ID any conditions prcscrihed by Ihc Universily. rises by periodical increments from a minimum lo a maximum.

Tcrrn or orlicc or 38. (1) Savc us otherwise provided in sub-section (3), an elec~ed or rncmbcrs. nominated member of any nulhorily or body of the University shall hold

olficc for a period of four years from [he dale of his clection or nominaiiou. ns [lie case may be:

Provided that in respecl oC the first elcclions a n d nominatious undcr this Acl. thc said period a r rour years shall commence horn the dale of rl~e Iirsl meeting or thc aulhori~y or body held aftcr such elcclions and nominations.

(2) The ~ c m of office or members olher than r.~-oflcio members of any aurhority or body of the Univcrsily shall bc held lo include any period which may elapse bctiveen [he expiry of the said lerm and Ihe dale of election of tlew mcnlbcrs lo such autl~ority or body to fill vacancies arising by cfflux of limc.

(3) Whcn elec~ions are held on morc ~ h a n one dale, tlie l a s ~ o i such dares shall be laken lo be the date of eleclion for the purposes of this sec~ion.

'Secrion 37A w& inscncd by s , 2 of ~ h c WCFI Bvng;\l Univcsiry L ~ w s (Anicndmcnl) Art. 19Rh (Wccl I 4 r n Avr X X nr IWh\

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XXXVTII o f 1979.1

(C!~dprer IV,-Gen~ml prorli.~ionx govr.n~itrg nll rr~itlrtlrilies or other 6011ic~. LI f I I I C Utliversi~y. -Secriotrs 39-4 1.)

(4) Any member clccled or nominated lo fill n casual -vacancy shall hold office for the u~~expircd porrion of the tcrm or office of rhe member in wllosc sear he is su clectrd or nominated.

/'

39. (1) When a peson is qua1 i fied lo be a member of any autharily Ccssa~ion or

or body of the University by virluc of his membership or any orher ~ C c ~ ~ ~ ~ " i p authori~y or body, he shall cease lo bc a member of the uuthorily or body cdqcs.

or the University when he ceases lo be a member or the oiher.

(2) When a person is elecled or nominated as a member of any authority or body or [he Universily rrom any cons~iluency, hc shall ..

cease to be such n member whcn he ceases to belong to t h a ~ cons~iluency.

40. (1) Any casual vacancy among lhc clccted members of any Fillingnf zluthoriry or body of he Universiry shall be filled, it1 such manncr and 'Ocanciah I

within such dme as may bc prescribed, by cleclion by such nurhority or body or a person represcnring tbe interest which Lhe member, tvhosc seal bas become vacant, represenled.

(2) Any vacancy among the nominaled mernbcrs 01 ally authority or body oi' the U~liversity sha!l be Filled. within such lime 3s may be prescribed, by uomina~ion by the person or authority t h a ~ nominated thc member whose seat has become vacanl.

(3) Vacancies ;rising by erflux or time in the seals ofclccled members of any authority or body of thc University shall be filled by election 10

bc held on such date or dates. not htcr Lhan six monlhs or such cxrcnded period as the Chancellor may, by order made in [his behalr, specify, rom he date on which lhe vacancies arise. as the Vice-Chancellor may fix.

41. No act or proceedings or the Universily or of any aulhorily or body of the Universiry shall be dcemed 10 be invalid merely by reason

of the existence or a vacancy or vacancies among ils mernbcrs or the invalidity of the clcction of any or the members.

E.rplunrr~iu~l.-For the irvoidatlce or doubt i~ is hcreby declared that where the office of any nlcmber of any authority or body or rhe University cannot be filled up, whe~i such authorily or body is constituted lor the firs[ rimc, on accounl of any elcction or nppointrtietll no1 being for any reason Ccasible, lhere shall be deemed ro be a vacancy in the office or such mcnlber until such eleclion takes place or such appoin~alenr is made.

Pmcccdings or rhc Universi~y or lllc nurhorilics or tmdics or the U n i v c n i ~ y not invalidarcd by Y ncancics. . .

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[West Bcn. Act

. Clhanccllnr'r prwcr d dccicc quc<l~on as to eligibility Tor hcing choscn as ur fur king mcmbcrs and lo annul clcclinn pmccdinfs in ccdian cnsu

+

42. ( 1 ) [f any question -a~ises wl~ether any pcrson i s eligible for eleclion or nominalion or has been duly elccred or nominated as, or i s cn~irled LO be. n membcr of any authori~y or body of he Universi~y, [he queslion shall be rcrerred to [he Chancellor, whose decision thereon shall bc final.

(2) If, during [he progrcss of any election oFmzmbers to any autliorily or body of the Universily, the Chancellor is salisfied [ha1 such elecrion is viliilled by frilud or corri~pl praclice, the Chancellor may make an ordcr annulling he proceedings in respccl of such elcction or my pan thereof and direcring fresh procccdings ro be srarted. in accorda~lce with rhe provisions of this Acl and the Slarures. [he Ordinances i~nd the Regula~ians, from such slage as Inny be specified in [he order and such order or the Chancellor shall be final.

(3) N o suit Dr proceeding shall lie in any civil courl againsl u decision or an order of rhc Chanccllor under sub-secrion (1) or sub- section (2). as h e case may be.

Casting vo1c 43, At a meeting of the. Sen:~te, the Syndicate,-lhc Facully Councils by r t ~ Chairman, for posl-graduate s~udies, rhe Councils Tor unckrgradi~ale sludies or any

other authority or body of the University. the person presiding at [he meeiing shall not vote in h e first inslance, b u ~ shall have and excrcise a casring vole in ihe case of an equality of voles.

CHAPTER V

Funds of lIie University, Accounh, Audit and Inspeclion

~ I C Univcrsily 44. The Universiry shalI have a r~rnd 10 hc known as the Universiry

Fund. Fund to which shall bc credilcd all irs income from fees. fincs, comribudons, donations, loans and advances and from any orhcr source whauoevcr. Tne University may also create, by Ordinances made in this behalf, separdre s p ~ i a I runds Ibr the adminislration of endowmerus, trusts or specific grants or graiirs for orher special purposes.

Annun1 45. Thc Slare Govcrntnenl shall. in evcry financial ycnr aRcr conrribu~ion bySlarc considering llie rcporl submilred under sub-section (3) o f sectiou 48 Govcmmcn1. relating !o \he year preceding \he previous financial y car. uon~ribute lo

the Univcrsiry Futld an alnounr which shall no1 be less lhan rupees s c v c ~ ~ ~ y - f i v c lilkhs n11d such conrribution shall bc subjecl Lo review b y [he Slate Governrncnl evcry tt~rec years.

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Tlrc Calcrrtra U~liversiry Acr, 1979.

(Clmptel- V.-Frtrrrls oJ/I~lc Ut~ivers i f~: Accorrrrrs, Arrdirs atid 1rrsycc1i~ti.-Sec~iotrs 46-49.)

46. (1) Thc budgel of thc Universily showing thc rcceipt and expenditure of Ihe Univcrsily on different accounk shall be submilred ID thc Swte Governnlcnl at leas[ three monlhs before the end of the financial year for approval.

(2) The Slate Governrncnt shall. ar leas1 one month berore the end of thc financial year, communica!e ils rrpprovnl or otherwise of rhe budget to lhe Universily.

(3) Ir no uommunicorion is sen1 to he University by the Slale Govcrnmen~ wirhin the period ns aforesaid, r he budgc~ shall be deemed to havc been approvcd by the Stale Governmcnt.

(4) Notwithslanding anything lo lbe contrary contained in this Acl, rhc Universi~y shall not, excepl wilh [he prior approval of lhe S~ale Goven~menl, incur any expendilure on any accounl in excess of the amount specified in lhe budgcr on thal accounl:

Provided [hat no such prior approval shall bc neccssnry in respect of any expendilure on any scheme not providcd in rhe budger. if such cxpendilure is inet by the Universily out of i~ own resotirces.

47. Any providenl rund instituted by the ~ n i b e r s i t ~ for the benefit of its Teachers, orficers or employees shall be governed by the provisions

1901 1925. of the Provident Funds Act, 1925. as i f such fund were a Governmcnl Providcnt Fund and [he Syndicalc shall have power to frame Ordinances, not inconsislent with the provisions of that Act, lor the adminiswation or the fund.

48. (1) The Annual Slaternen( or Accounts or rhe Universiry shall, after examination by rhc Syndicate, be subjcctcd to such audil as the Srate Government may dircc!.

(2) Such Annual Slarement of Accounts shall, logethcr with copies or the audit report thereon, be subrniued lo thc Scnale and to the Slale Government and shall thereupon be published by the Senale.

(3) Thc University shall hnvc a conlinuous internal audit, and [he reporl of such audit shall be submiued to the State Government as soon as possible a r~e r the end or every financial ycar.

49. ( 1 ) (i) The State Government shall hove Lhe righl-

(1) lo cause an inspection lo be made, by such person or persons as il may direct,-

Gcncnl limirarions un financial powcrs of the Univcrsi~y.

Providcnt Fund,

Annual Accounls and Audit.

Inspccrion.

(a) of Lhe University, its buildings. laboratories, libraries, museums, press cs~nblishment. workshops and equipment,

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Tlre CO~CII I I~ I Ut~iversiry Acr, 1979.

[Wcst Ben. Act

(b) or any college or inslilulion nlainiained by or affiliarcd ro the Universiry, and

(c) inro all affairs of [he University and or such collegc or ins~ilutio~i including exilmination and other work conduclcd or done by I l~e University or sucll college or insrirutjon, and

(2) lo causc an enquiry lo be madc inlo Ihc incornc, expenditure, properties, assets and liabilities of the Universily and ofany coHege or iiisti~urion inaiuraincd by or affiliated 10 rhc University.

(ii) The Srare Governrncnt shall, in cvery such case or inspeclion or cnquiry. give previous nolicc lo Ihe Universiry or Io such collegc or ins~iru~ion, as the casc may bc, of its iurention lo cause such inspeclion or enquiry.

(2) Thc Skre Govcrnmea[ shall communicale lo the Senate and ihc Syndicate or lo sucb College or insli~ulion, as !lie casc may be, irs views on rhc r e s u l ~ of such inspection or enquiry and may, af~er considering the opinion o r the Senntc and [he Syndicalc or of such collcgc or insri~urion thereon. advise thc Uuiversily or such college or insrilurion regarding tlie acrion wliich the ~ra~e~ovcrnrnentconsiders li~ to be rakcn by [he Universiry or by such college or inslitution in !he maucrs conccmed and the Universiry or such college or jnsrilulion shall repon to the Slake Govcmmenr. within such rime as rhe Stare Governme111 may direcl. lhc aclion which is proposed lo be rnkcn or has bccn laken by the University or by such coliege or jns!irution lo give effecl ro such advice of Lhe Stale Govemmenl.

(3) The Slate Government may. afier considering Ihe rcporl rzrcrred lo in sub-seclion (2), advise ihc Universily or such college or institulion, as the case may be, to rake such further action in [hc rnalrers concerncd, as may, in [he opinion of the Sralc Governmcnt, be necessary, and thc University or such college or il~sri~ution shall lake or cause to be raken such furlher action wirhin such lime as may bc specified in lhar bchalf by the State Govcmmen~.

CHAPTER V I

Skatutes, Ordinances und Rcgulalions

S~aiu~cs. 50. Subjecl lo (he provisions of this Act. Statllres may be made ro provide for all or any o r the following 1naIlcn:-

(a) the declararion of posls as posrs of urficers a i the Universi ly referred to in clause (5) of sec~ion 6;

(b) the esrablislimenr oC aulborilics of the University rekrrcd to i n clilusc (8) of scc~ion 17;

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(c) the powcrh. duties. and lcrms nnd coudj~ions of scrvicc 01 the officers or [be Universiiy in so far as these have no1 bccn specifically provided for in this ACI;

(d) [he constitulion. powcrs artd duties af thc aurhorities of thc Universily i n so rar as these have no1 been spcilically provided for in this ACI;

(e) the rules and procedure for holding elcctians to [he Senare. [he Syndicate and other authoritics and bodies of rhc Univcrsity;

(f) the ierrns and coudidon< of nrfiliation or recognition of colleges or instimlions. including tenns and condirions for coiltinunnce of such alliliation or recognition and rules for disnffilintion or wirhdruwal of recognilion of such colleges or institulio~is:

(g) the wrms atid conditions of recogtiition of colleges as cons~i tuen~ col legcs or professional collcgcs;

(11) rhe constiri~~ion, powcrs i~nd functions of rhc Governing Bodics or colleges, other rl~an Government Colleges;

(i) ~ h c ierms and condiiions of service and the ~ainimum cmolu~nenrs Tor posts oTPrincipals, Tcachcrs and such orher employees as the University inay decm l i t , of all affiliated colleges. otl~er than Governmen1 Colleges;

Ij) [he rules for Provident Funds Tor Teacl~ers of collcgcs, oiher [hall Govern~nenr Col tcges:

(k) [he holding o r corlvoca~ions Lo confer degrees, ~il lcs, dipIomas, ccr~ilicaies and othcr academic dis~jnclions, including honomry degrees and distinctions;

(I) [hc cor~dirions lor [he registration aT graduates of the Universi~y for lhe main1cn;lncc of a Register for registered graduaies;

( ~ n ) al l olhcr matrers which under [his Act are requircd 10 be or may he prescribed by Sr:~tures.

51. (1) Thc Syndicale may or ils own molion, and shall, w h e ~ ~ H,, I,

rcquircd by thc Senale. rnakc a drall or any Slalule and submil the same :if:,-, to [he Scnn~e. The dnl't so submilled shall he considrrcd by {lie Senalc aL a rileeting or meetings to be held wi~hin a period of six weeks rrom rhc date of such subrnissio~i (hereinarrcr referred to as tlie said pcriod), and the dral'i so submitled shall, unlcss rejected or arnendcd by rhe Synilte before the cxpiry of [he wid period by a majority of rhc Lola1 numbcr of irs mcmbtrs exisling ill the tirne, be deemed to havc been nassctl hv thc Scnale. 1f [he Scnale so reiecls or omends h e drafi of any

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- The Caic~rrta Utriversify Acr, 1979.

[Wesr Ben. Act

Statu~e, i t shall be sent back to rhc Syndicale with the views o f !lie Scnate for reconsideralion. Thereupon, [he Syndicnrz shall reconsider [he draft and resubmir i t l o thc Senate w i l h such changes as i t may dceo~ nccessary. On such resubmission of rhe drafr. ii shall again he considered by the Senate nl a meciil ig or meetings to he held wirhin n period o f six wccks from thc date or such submission (hereinartcr referred to as he lattcr period) and l l iz draft so resubmitted shall. unless rejected by the Senate beforc [he expiry o f [he la t~er period by a rnujorily o f the (0131 nurnbcr of its mcrnbers exisdng ut the lim. be deemcd to have been passed by [he Senate wilhout any amendmen[. or be passcd by thc Senaie with such arnendmenls 3s i t may deem f i ~ ro make theftin wirhin the latrcr perid arid by the same majority as aforesaid.

'

(2) A Siatutc, passed i n the manner provided in sub-section (I), shall bc praentcd lo thc ChanceIlor for asscnt and shall come inro rorce on being assenled to by [he Chancellor in consulrn~ion w i ~ h [he Minisrer.

(3) A Sraiute shall remain it] force unli l rcpealed or artiended by n new Slarute similarly passed and ihs~enred ro by rile Chancellor.

Ordinances, 52. Subjcct to the provisionsof this Acr and [Ilz Statures, Ordinances may be made LO provide for aIl or any or the following mar~cr.r;-

(a) the admission of studcnts lo Ihe Universi~y and the colleges affiliated LO or recognized by i1 and [hcir enrolmcni as such;

(b) thc levy of fees in University Colleges and i n Universi~y Laboratories;

(c) rhc condirians o f residence and rules of' discipline o f [he studcn~s of~hcun ivers i ty , i~ lc luding srudrnrs of the colleges affiliated to or recognized by i t , and the levy or rccs for residence in halls;

(d) rhc appoinllnenl oTTcilchers, officers and cn~ployccs o f the Universiry, [heir e~nolumenrs, thcir dulies and othcr rerms and condi~ions or [heir servicc, in so Car as ihese have nor bceu spccilicaly provided lor i n this ACL or in rhc S~otuies:

(e) n ~ l e s for [hc inslirulion oFProvidenr Fund or olher funds for the benefit or thc Teachers, officers and empIoyees or [he Universily;

(F) rules for [he establishmenl, mainlet~ancc and management o f University Libraries, University Museums, halls, and other Univesirv Jnsfitlirions for wndv. rrwnrrh ~ n r l rpqidpnrp-

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(g) rules for the recognilion of libraries, Inbora~ories, muscums. hoslels, and ins~ilulions for sludy, rcsenrch and residence. other rhan those esrablisl~rd. rnni~l~aincd and managed by thc Univcrsily;

(h) rules for [he laking over of the managemen t or an affilialed or a recognized college or jns!itulion, other than a Governrnenl College or iusti~uiion, in order to ensure thal proper standards of teaching, [raining and instruction are ma in~ ined therein;

( i ) ruIes for thc cxcrcisc or general supervision ant1 control over affilialed or recognized colleges or insritu~ions and lor the giving of financial aid lo them;

(j) rules Tor the inspection or investigalion inlo the arfairs of collrgcs or olher insti~ulions. affilia~ed ro or recogniacd by Ihe Universily, lo cnsurc that proper srnndards of [caching, lmining and reserach arc mnintained [herein;

(k) rules for [he imposiliol~ and collection of fees. fines and olher dues payable 10 the Universi~y;

(I) [he duties and ii~l~cBons or thc Tcachers of [he Univcrsity including the Heads of Departments;

(m) rules for the regisrra~ion of audents;

(n) the appoinrmenl, duties and rcmmuncralion of examiners;

(0) rules For [he admiuistra~ion of girls, endowrnenls and benefaclians, and for the jnslirulion and award of rellowships, travelling fellowsllips, scholarships, studen~ships. stipends. bursilrics. exhi bi~ions, medals and prizes;

(p) rules and procedure lor acccpling g r a m and lor raising or accepting loans orher rhan loans from the Cen~rnl or any Stale Governmen1 or the University Grants Commission;

(q) all other mauers which under [his Act or the Sla~uies are required 10 be or may be prescribed by Ordinances.

53. ( 1 ) Thc Syndicale shall lake into considcration drarts of Howlo makc Ordinances proposed to be passed, afrer nolice thercof has been given ordinanccs,

to the members of the Syndicate nl leas^ three weeks in advance of the datc fixed for considcration or Lhe same by the Syndicale. The Vice- Chancellor may direcl a shoricr norice in J nmrer which in his opinion is of an emergenl nalure.

(2) An Ordinancc shall bc decmed 10 be passed by the Syndicale i f it is agreed to by a majoriry or thc IOILII number of membcrs of [he Sy ndicate existing a1 the timc.

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[Wcst Ben. Acl

'(3) An Ordinancc passed by ~ h c Syndicate in the tnnnner povided hereinbefore in his scction shall bc subniil~ed ro the Chanccllor for assent and shalI comc into force on bcing assented lo by thc Chancellor 2nd shall be rcporred 10 Ihc Scnare a[ its ncxt succeeding ~nee~ ing .

(4) The Chanccllor may dirccl lhilr (he oper:~tion of any Ordina~icc sltalt bc suspended unlil such lime as the Senale has had an o p p o r ~ u ~ ~ i t y or consideriug thc same.

(5) An Ordinnncc shall unless cancclledor ~nodilied by rl~e chancel lo^. shall rcmain ill rorcc until repealed or amended by a new Ordinance similarly passcd and broughr inlo Force.

Rc~ul~lions- 54. Subject ro [he provisions or this ACL and lhc Sratutes and the Ordinances, Regularions may be made lo providc lor all or any of the

following mauers:-

(a) the powcrs and funcrions of the Boards of S~udics;

(b) Ihc runctions and dulics ofTeachers1 Cour~cils in Universilies and in colleges and instilu~ions olher ihan Governrncni Collcges and inslitulinns:

(c) the conditions Ibr admission to the difrercn~ courses or study and examinalions of slitdcnls;

(d) the rules for thc conducl of Univcrsiiy examinalions;

(c) Ihe courses of sludy and thc division 01 subjects upon the recommendalions of [he Facully CounciI for posr-graduale sludies or rhc Council for undcrgraduale studies concerned;

(fl [be minimum qualificalions for Principals, orher Teachers, and Teacl~ers of the Univcrsiry;

(g) all orher marlcrs which under this Acl or rile Slatu~es or rhc Ordiuances are required to he or may bc prescribed by Regulalions.

How 10 ninkc Rcgulllions.

55. (1) The Sy~tdicnlc or a Corn~nittrc nppoinled by i t shall rakc into consideralion drarts or RcguIalions, consistcn~ wirh this ACL and lhc S t a ~ u ~ e s and ~ h c Ordinances d ~ e r no[ice of rhc proposed Regulations 1x1s becn given to the mcmbers of the Syndicate a1 Iris[ rllree wecks in advance of the dace Iixcd for consideratiun of the snmc by the Syndicate or lhc Colnmilree appoir~ted by it. Thc Vice-Chancellor inay direct a shorrcr notice in a matter which i t ) his opinion i s or nn enlergenr nalure.

'Sub-scct~on (3) was s~~bslirurcd for ilic original sub-scclinn hy s, 11 of rhc Cnlcui~a Univcrsilg (Amcndnicr11) Act. 11180 (Nit \ t ncn. ACI XLlV uf 1980).

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The Calcrr~~a University Acr, 1979.

(Cl~nptcr VII.-Miscellat~eo~r.~ and 71.arrsifoty Provi.sions.Scctiot~ 56.)

(2) A Regulalion shall be dccmcd lo be passed by [he Sy~idicart i T it is agreed to at a meering of the Syndicate by a majori~y of [he loral number of members OF the Syndicse existing at [he lime. A Regulalion shall come into rorce im~nedialely on bcing passed unless olhenvise direcled by [he Chancellor.

(3) The Senarc shall have the power. by n rcsolu[ion passcd by a majority of iki total numbcr of members exisling 31 h e time, to cancel or modi iy any Regulalion.

(4) A Regulation shalI, unless cancelled or modified by thc Senate under sub-secdon (3), remain in Force unliI repealed or amended by rr ncw Regulalion similarly piaed and broughl inlo force.

CHAPTER VII

Miscellaneous and Transitory Provisions

56. ( I ) The Vice-Chonccllor or, with \he approval of the Vicc- Dclcgdlion. Chancellor, the Pro-Vice-Chancellor lor Academic ATTairs, the Pro- Vice-Chancellor For Business Affairs and Finance or Ihe Rcgis~rar, may. i subject lo the provisions of [his Act, delegale such ofhis powers or duties ! conferred or imposed by or under r his Acl as may be prescribed by the 1 Sralures to an officer or rhc Univcrsi~y uuder his direct adminis~rativc ! conlrol.

(2) Subjecl lo h c provisions OF this Act.-

(a) the Senate may dclegate any of i t s powers or dulies, conrcrred or imposed by or undcr this Acl, I+

(i) the Vicc.Chancellor,

(ii) rhe Syndicarc,

(iii) o commiiee constjluled horn among i~ own members, or

(iv) a committee appointed in accordance with the Statutes;

(b) [hc Syndicate may delegate any of its powcrs or duries. conferred or imposed by or undcr this Act. to-

( i ) the Vice-Chancellor,

(ii) [he Pro-Vice-Chancellor for Acadcmic Affairs.

(iii) the Pro-Vice-Chnncellor for Busincss Affairs and Finance,

(iv) a committee constituted from among its own . .. members,

( v ) a commiltee constituted in accordance with the Srarutes -o r Lhe Ordinances,

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Tile Crrlc~rt~n U~ri\lcrsiry Acr, 1979.

Passing of prtlpcniss F ~ I I ~ rig!~ls. CIC.

Cornpl~+~io!i oC ct\unc& far hludtnls in coltegcs alliliarcd rn rhc fonncr Univcrsily.

Tm~lsilo~ provisions and *pal.

[West Ben. Acl

(vi) any or the Faculty Councils Ibr posi-gradualc studies or Cou~icils Ibr undcrgradunlc sludies, or

(vji) Lhc Finalice Cornmittcc;

(c) t l ~ c Faculty Council for post-gmdunle sl i~dics or [he Council For uttdergradua~c sludies may delegate any of its powers or dulies, conrerrcd or imposed by or under this Act, l0-

(i) the Vicc-Chancellor,

(ii) the Pro-Vice-chancellor Tor Academic Affairs,

(iii) il commiuee c o n s ~ i l u ~ e d rrom ainong its own mcm bcrs,

(iv) a ca~~lrni t tee cons~ituted in accordance with tlie Regulations, or

(v) :my of [lie Board or Studies;

(d) the Finance Comrniuee may delegnrc any of irs powers or dillies, cotjferred or imposed by or under this Act, t*

(il lhe Vicc-ChanceIlor. or

(ii) [he Pro-Vicc-Chancellor for Busi~iess A r f i ~ i r ~ and Finance.

57. All properrizs and all rights of whn~cver kind used, enjoyed or possesscd by, ar~d all intcrcs~s OF whatever kind owned by or vcstcd in or held in trust by or for, ~he 'un ive r s i t~ of Calcutta as constitu~cd prior to [he nppointcd day (Iiereii~aS~cr rcfcned 10 as rhc ror~ner Universily) us well as all liabililics IegalIy subsisling against the rormer Universily shall pass to the University as consli!uted under [his Aci

58. Notwirhsinnding allything conlnind in illis Acr, Ihe Stntums, Ihe Ordinances and the Rcgula~ioiis, any s ~ u d c n ~ of rr college nrfiliated to the fornler Urliversity, who was sludyir~g fur any examination of the Tormcr Universily, sl~all bc pcrnlitred Lo completc his course in prcpara~ion therefor end [lie U~liversiiy shull hold, Ibr such s~udents, examinnlions in accordance ~vitli [he curricula of study i n Force jn thc former Uuiversily lor such period as may be prescribed.

59. {I) Thc Vice-Ch;lncellor holding office at the dale orpublicatio~~ or this Act ill thc Ojjiciol Grrzerru shill1 bc r l~e firs1 Vicc-Chancellor of the Univcrsi~y and sliall be dee~ned [a have been appointed under this Aci and hc shall hold office for a period of four years from thc date of publicalion of this Aci in the OfJcinl G r r r e ~ r ~ nr iill Ile attains the age of 65 years. rvhichever is enrlicr.

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(2) The firs1 Vice-Chancel lor shall. with the approval of he Clunccllor and with the assis~ancc or a cornmittce coiisisting or nor less rhan nine members nominarcd by thc Chancellor, cause the first Statutes, thc first Ordinances and rhe firs1 Regulations of the former Universiry to be reviewed and, i f he co~~sidcrs i t necessary, cause thcm 10 be amended.

( 3 ) The first Vice-Chancellor shall wirhin six monrhs from thc date or his oppoinrment or within such longcr period, nal exceeding one year from Ihe dale of his appointment. as the Stare Govcmmeot may, by noliiication, direct. cause arrangemenis to be made for constiruling the Senate. thc Syndicate, rhe Ficully Councils for posl-graduate sludies, lhc Councils for undcrgnduare studies and the Boards of Srudies in accordance wilh the provisions or the firs^ Stalulcs, the first Ordir~ances and [he firsr Regulations of the former Universi~y as reviewed or amended under sub- section (2), as i f they had already cornc into force.

(4) If, for any reason.-

(a) the constirution ofthe Sennlc, [he Syndicate and athcr bodies referred lo in sub-section (3) cannot-be compleled wirhin thc period of orficc of the first Vicc-Chancellor appointed under sub-seclion (I), thcn, on the cxpiry of such period, rhe Chancellor may, in consultarioa w i ~ h [lie Minister, on such lerms and condilions as he thinks fit , appoint [he Hrsi Vice-Chancellor whose pcnod of office has expired or anofier person to be rhe Viuc-Chancellor for \he purposes of lhis secrion for such period not exceeding one ycar as the Chancellor chinks fit, or

(b) a vacancy occurs in the oflice or [he firs^ Vicc-Cbanccllol- before the expiry of the period of his office. Ihen, the Chnncellor may, in consulialion with the Minis~er. on such terms and condilions as he thinks f i t , appoinl anolhcr person to be he Vice-Chancellor ror the purposes of this seclion for the unexpired portiou or such period or such further period not exceeding one year as the Chancellor thinks fit.

and refcrences in this Acl 10 rhc first Vice-Chancellor shall be deemcd to include referedccs to the Vicc-Chancellor appointed under this su b-seclion.

(5) The State Governmcrit shall. by notificarion in thc OfJcirtl Gnzcrrc. appoin~ a date and on and from such dare lhc Scnrrre. rhc Syndicalc. 1111:

Faculty Cnuncils for posr-graduatc studies, the Councils for undergradua~e sludics and the Boards o f S~udies shall commcnce to excrcise their respective functions 2nd the firs1 Sl:ll~llr< i h ~ f i r~r nrr) innn~-rc i r d ~ h r

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The Calcrr~~n Ut~ i~~er s i i y Act, 1979.

[West Ben. Acl

firs1 Rcgulnlions of the forn~er University as reviewed or amended ~rnder sub-section (2) shall comc inlo force and shall be [he tirsl Statutes, the first Ordinalices and ihc rirsl Regula~ io t~s of the University.

(6) (a) The Calcutla Urliversity (Tempor~ry Supersession) Acl. wcs ,~cn , 1978 (hereinalter referred lo in this sub-section as ihc said Act) shall Afl VIIclf

stand repcnled wilh ef iec~ Fro111 he date of publicarian of this Act in 1I1e 1978.

Ojj7ciaI Guzerte.

(b) Norwitl~slanding such rcpcal. until the appoinled day, the Calcurla University Council, referred lo in clause (b) of section 4 of [he said Acl, shall continue 10 exercise a11 thc powcrs and perform all [be duties in the manner and on the rerms and conditions provided in [he said Act.

(7) The firs1 Starutes, [he firs1 Ordinances and the firs1 Regula- tions of the University shall remain in forcc unlil new S~atutes, new Ordinances and new Regulations are made under the provisions of [his Act.

(8) The firs^ Vice-Chzlnccllor may, subject LO the approval of rhe Chancellor, appoint such ndministrarivc. clerical and other staff as he deems necessary for giving erfecl ro thc provisions of lhis scclion.

(9) On and fro~n [he appointed day Lhe Calcutta Universily Acl. \ts1ncn. 1966 shall stand repealed artd tllerzupon- ACI 11 oi

1966. (3) the Slatutes, the Ordinances and the Rcgulillions of the

rormcr Univcrsily shall, subject to the provisions of sub- section (3, stand rcpcalcd and all autlioriries or bodies of the former University shall censc lo runclion;

(b) all colleges and inslilulions arfiliated ro or recognised by the former University and continuing as such i~nrnedintely before lhc uppoinled day shall be deemed to be arfiliatcd lo. or recognised by, ~ h c Universi~y;

(c) all collcges or inslilulions of whalever kind established, maintainctl or managed by the former University prior lo [he appoinlcd day shall bc deemed to be colleges or institulions es~nblishcd, rnain~ained or managed by the University undcr this Act:

(d) all affairs, lunclions or nclivi[ies of the former Universily, including sludies and cxaminiltions, commenced and i n progress before the appointed day, shall be deemed ro be in progress as if [hey bad been cornmenccd by the Universi~y undcr Lhis Act;

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(Cl~aprer VI1.-Mi.sc~~llar~cort.~ and 7'mnsiroq~ Pruvkiurrs--Seu!iotl 60.)

(e) all rhings donc or dccmcd to have been done. and all actions tnkcn or dccrncd to have bccn taken and all appoinlmenrs madc by rhc rormcr Univcrsiry under lhe Calculra Uuiversiry Acl, 1966. shnll, in so far ns rhcy are not inconsislenr will^ the provisions o f this Aci, be deemed 10 bc rhings done or actions inken or appoin tn~ents made by the University under [his Acl as i T lhis ACI had bccn in rorce when suc11 ~hings were done or such aclions werc ~ i ~ k c n or such appoinrmenls were made:

Provided rhal unril such repeal references ro ihc Vicc- Chancellor under Lhc said Acr, shall be deemed to bc references to the firs1 Vice-Chancellor under this Act:

Providcd rurthcr [hat such repeal slratl not al'l'ccr thc affilialion or collcgcs or insritutions si~uated oulsidc Wcst Bellgal which arc already nffilinted to lhe University or Calculla under the provisions aT the Calcutta Universily Acl, 1966.

(10) In consrruing ~ h c provisions af seclion 18, section 21, section 23 and secrion 25 and in consrruing the provisions of the first Sraru~cs, [he firs^ Ordinances and the first RegulaIions or thc Univcrsi~y in relalion ro [he constirution, undcr his seclion, of the Sennre. thc Syndicale, [lie Facully Councils Ibrposl-gmdi~ale sludies, the Councils Tor undergraduate studies and the Boards oTStudics, rcrcrcnces 10 Ll~e heads oTdcpartmen~s of leaching of [he Univtrsily, the Univcrsiry Professors, University Rcaders and Universily Lecturers, and Teachcrs of the U~~iversily shall be dccmed to be references to [he persons holding offices respeclively as the heads of depanmeiirs of ~eachi~lg, Proressors, Rcaders. Lec~urers and Teachers or thc University of Calcuua, immediarely bcfure rhe dale or appoinlrnen~ or the Iirsr Vicc-Chancellor.

(1 1) Thc provisions of lllis secrion shnll have effect no~~vithslnnd- ing anything to the contrary conlained elsewhcrc in lhis Act or in any orher law.

60. l r on account of any lacuna or omission in the provisions of R,,,,,,I ,r this Acr, or for any orher reason whatsoever, any dil'ficulry arises as to dificullim-

[he firs1 conslitulion of any authoriry of the Ur~ivrrsiiy under [his Acl, or otherwise in giving effect ro the provisions aT this Act, [he S ~ a i e Government, as occasion may require. illay by ardcr do nnylhing wtiich appears ro it to be necessary Tor [he purpose or rcmoving he difficul~y nolwithslanding anything LO the cou~rnry co~itninrd clscwhere in [his Act or in any other law.

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Registered No. WB/SC-247 No. WB(Part-III)/2012/SAR-2

ExtraordinaryPublished by Authority

MAGHA 5] WEDNESDAY, JANUARY 25, 2012 [SAKA 1933

PART III—Act of the West Bengal Legislature.

GOVERNMENT OF WEST BENGALLAW DEPARTMENT

Legislative

NOTIFICATION

No. 116-L.—25th January, 2012.—The following Act of the West Bengal Legislature, having been assented toby the Governor, is hereby published for general information:—

West Bengal Act XII of 2011

THE WEST BENGAL UNIVERSITY LAWS(AMENDMENT) ACT, 2011.

[Passed by the West Bengal Legislature.]

[Assent of the Governor was first published in the Kolkata GazetteExtraordinary, of the 25th January, 2012.]

Kolkata

The

Gazette

An Act to amend the Calcutta University Act, 1979, the North Bengal UniversityAct, 1981, the Burdwan University Act,1981, the Vidyasagar University Act, 1981 ,the Kalyani University Act, 1981, the West Bengal State University (Barasat, North24- Parganas) Act, 2007, the Gour Banga University Act, 2007, the Sidho-Kanho-Birsha University Act, 2010, the Jadavpur University Act, 1981, the Rabindra BharatiUniversity Act, 1981, the Netaji Subhas Open University Act, 1997, the BengalEngineering and Science University Act, Shibpur, 2004, and the West Bengal Universityof Technology Act, 2000.

WHEREAS it is expedient to amend the Calcutta University Act, 1979, the NorthBengal University Act, 1981, the Burdwan University Act,1981, the VidyasagarUniversity Act, 1981 , the Kalyani University Act, 1981, the West Bengal StateUniversity (Barasat, North 24-Parganas) Act, 2007, the Gour Banga University Act,2007, the Sidho-Kanho-Birsha University Act, 2010, the Jadavpur University Act,1981, the Rabindra Bharati University Act, 1981, the Netaji Subhas Open UniversityAct, 1997, the Bengal Engineering and Science University Act, Shibpur, 2004, andthe West Bengal University of Technology Act, 2000, for the purposes and in themanner hereinafter appearing ;

West Ben. Act XXXVIII of1979.West Ben. Act XXV of1981.West Ben. Act XXIII of1981.West Ben. Act XVIII of1981.West Ben. Act XL of 1981.West Ben. Act XXVIII of2007.West Ben. Act XXVI of2007.West Ben. Act XII of 2010.West Ben. Act XXIV of1981.West Ben. Act XXXVI of1981.West Ben. Act XIX of 1997.West Ben. Act XIII of 2004.West Ben. Act XV of 2000.

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2 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

(Sections 1, 2.)

It is hereby enacted in the Sixty-second Year of the Republic of India, by theLegislature of West Bengal, as follows:—

1. (1) This Act may be called the West Bengal University Laws (Amendment)Act, 2011.

(2) It shall be deemed to have come into force on the 2nd day of November, 2011.

2. In the Calcutta University Act, 1979,—(1) in section 2,—

(i) after clause (20), the following clause shall be inserted:—

‘(20a) "State Government" means the Government of West Bengalin the Higher Education Department;’;

(ii) in clause (23), for the words "a Professor, Reader, Principal,Lecturer;", the words "a Principal, Professor, Associate Professor,Reader, Assistant Professor," shall be substituted;

(iii) for clause (24), the following clause shall be substituted:—

‘(24) “Teacher of the University” means a Professor, AssociateProfessor, Assistant Professor, or any other person, holdinga teaching post including a part-time teaching post,appointed or recognized as such by the University;’;

(iv) clause (29) shall be omitted;

(2) for section 8, the following section shall be substituted:—

8. (1) (a) The Vice-Chancellor shall be appointed fromthe persons of the highest level of competence, integrity,

morals and institutional commitment. The Vice Chancellor shall be adistinguished academic with a minimum of ten years of experience in aUniversity system of which at least 5 years shall be as professor or tenyears of experience in a reputed research or academic administrativeorganisation of which atleast 5 years shall be in an equivalent position ofprofessor.

(b) The Vice Chancellor shall be appointed by the Chancellor out ofthe panel of three names recommended in order of preference by theSearch Committee constituted by the State Government. While preparingthe panel, the Search Committee must give proper weightage to academicexcellence, exposure to the higher education system in the country andabroad and adequate experience in academic and administrative governanceand reflect the same in writing while submitting the panel to the Chancellor.

(c) The Search Committee shall consist of the following Members:—(i) a nominee of the Chancellor, who shall be the Chairperson

of the Committee;(ii) a nominee of the Chairman, University Grants Commission;

(iii) a nominee of the Senate:Provided that all such Members shall be persons of eminence

in the sphere of higher education and shall not be connectedin any manner with the University or colleges or institutionsaffiliated with the University or recognised by it.

(2) (a) The Vice-chancellor shall hold office for a term of four yearsor till he attains the age of sixty-five years, whichever is earlier, and shallbe eligible for re-appointment for another term of four years or till heattains the age of sixty-five years, whichever is earlier, following theporovisions of sub-section (1).

Amendment ofWest Ben. ActXXXVIII.

Short title andcommencement.

"The Vice-Chancellor.

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 3

The West Bengal University Laws(Amendment) Act, 2011.

27

(Section 2.)

(b) The Chancellor may, notwithstanding the expiration of the term ofthe office of the Vice-Chancellor or his attaining the age of sixty-fiveyears, allow him to continue in office till a successor assumes office,provided that he shall not continue as such for any period exceeding sixmonths.

(3) The Vice-Chancellor shall be a whole-time officer of the Universityand shall be paid from the University Fund such salary and allowances asthe Chancellor may decide in consultation with the State Government.

(4) The Vice-Chancellor may resign his office by writing under hishand addressed to the Chancellor.

(5) If—

(a) the Vice-Chancellor is, by reasons of leave, illness or othercause, temporarily unable to exercise the powers and performthe duties of his office, or

(b) a vacancy occurs in the office of the Vice-Chancellor by reasonof death, resignation, removal, expiry of term of his office orotherwise, then, during the period of such temporary inabilityor pending the appointment of a Vice-Chancellor, as the casemay be, the Chancellor in consultation with the Minister mayappoint a person to exercise the powers and perform the dutiesof the Vice-Chancellor.

(6) The vacancy in the office of the Vice-Chancellor occurring byreason of death, resignation or expiry of the term of his office, removalor otherwise shall be filled up by appointment of a Vice-Chancellor inaccordance with the provisions of sub-section (1) within a period of sixmonths from the date of occurrence of the vacancy, and such period shallbe held to include any period for which a Vice-Chancellor is allowed tocontinue in office under clause (b) of sub-section (2), or a person isappointed by the Chancellor in consultation with the Minister to exercisethe powers and perform the duties of the Vice-Chancellor under sub-section (5).

(7) The Vice-Chancellor may be removed from his office by theChancellor if he is satisfied that the incumbent,—

(a) has become insane and adjudged by a competent court to be ofunsound mind; or

(b) has become an undischarged insolvent and stands so declaredby a competent Court; or

(c) has been physically unfit and incapable of discharging functiondue to protracted illness or physical disability ; or

(d) has willfuly omitted or refused to carry out the provisions ofthis Act or has committed breach of any of the terms andconditions of the service contract or has abused or misusedthe powers vested in him or if the continuance in the office ofthe Vice Chancellor is detrimental to the interest of theUniversity; or

(e) has been proved to be guilty of criminal breach of trust orcriminal negligence or gross financial irregularity or improprietyor gross negligence of duty; or

(f) has shown incompetence to perform or has persistently madedefault in the performance of the duties imposed on him by orunder this Act; or

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4 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

(Section 2.)

(g) has been convicted by a court for any offence withinthe concept and meaning of the Code of Criminal Procedure,1973; or

(h) is a member of, or otherwise associated with, any politicalparty or acts in any partisan manner while in office.

Explanation.—For the purpose of this sub-clause, whetherany party is a political party or any association is a politicalassociation or any act of the Vice Chancellor is partisan, decisionof the Chancellor thereon shall be final:

Provided that the Vice-Chancellor shall be given a reasonableopportunity to show cause by the Chancellor before takingrecourse for his removal under clauses (d), (e), (f), (g) and(h).".

(3) for section 10, the following section shall be substituted:—

10. (1) (a) The Pro-Vice-Chancellor for AcademicAffairs shall be appointed from the persons of the highestlevel of competence, integrity, morals and institutional

commitment. The Pro-Vice Chancellor shall be a distinguished academicwith a minimum of ten years of experience in a University system ofwhich at least 5 years shall be as Professor or ten years of experience in areputed research or academic administrative organisation of which at least5 years shall be in an equivalent position of Professor.

(b) The Pro-Vice-Chancellor for Academic Affairs shall be appointedby the Chancellor in consultation with the Minister. The term of his officeshall be for four years and he shall be eligible for re-appointment for aperiod not exceeding four years but shall not hold office beyond the ageof sixty-five years.

(2) The Pro-Vice-Chancellor for Academic Affairs shall be a whole-time officer of the University and shall be paid from the University Fundsuch salary and allowances as the Chancellor may decide in consultationwith the State Government.

(3) The Pro-Vice-Chancellor for Academic Affairs may resign his officeby writing under his hand addressed to the Chancellor.

(4) If—(a) the Pro-Vice-Chancellor for Academic Affairs is, by reason of

leave, illness or other cause, temporarily unable to exercise thepowers and perform the duties of his office, or

(b) a vacancy occurs in the office of the Pro-Vice-Chancellor forAcademic Affairs by reason of death, resignation or expiry ofthe term of his office, removal or otherwise,

then, during the peirod of such temporary inability or pending theappointment of a Pro-Vice-Chancellor for Academic Affairs, as the casemay be, the Chancellor, in consultation with the Minister and the Vice-Chancellor, shall authorise Pro-Vice-Chancellor for Business Affairs andFinance or a senior teacher of the University or an officer of the Universityto exercise the powers and perform the duties of the Pro-Vice-Chancellorfor Academic Affairs.

(5) The vacancy in the office of the Pro-Vice-Chancellor for AcademicAffairs occurring by reason of death, resignation or expiry of the term ofhis office, removal or otherwise shall be filled up by appointment of aPro-Vice-Chancellor for Academic Affairs in accordance with theprovisions of sub-section (1).

"The Pro-Vice-Chancellor forAcademicAffairs.

2 of 1974.

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 5

The West Bengal University Laws(Amendment) Act, 2011.

(Section 2.)

(6) The Pro-Vice-Chancellor for Academic Affairs may be removedfrom his office by the Chancellor if he is satisfied that the incumbent,—

(a) has become insane and adjudged by a competent court to be ofunsound mind; or

(b) has become an undischarged insolvent and stands so declared by acompetent Court; or

(c) has been physically unfit and incapable of discharging function dueto protracted illness or physical disability ; or

(d) has wilfully omitted or refused to carry out the provisions of thisAct or has committed breach of any of the terms and conditions ofthe service contract or has abused or misused the powers vested inhim or if the continuance in the office of the Pro-Vice Chancellor isdetrimental to the interest of the University; or

(e) has been proved to be guilty of criminal breach of trust or criminalnegligence or gross financial irregularity or impropriety or grossnegligence of duty; or

(f) has shown incompetence to perform or has persistently made defaultin the performance of the duties imposed on him by or under thisAct; or

(g) has been convicted by a court for any offence within the conceptand meaning of the Code of Criminal Procedure, 1973; or

(h) is a member of, or otherwise associated with, any political party oracts in any partisan manner while in office.

Explanation.—For the purpose of this sub-clause, whether anyparty is a political party or any association is a political associationor any act of the Pro-Vice Chancellor is partisan, decision of theChancellor thereon shall be final:

Provided that the Pro-Vice-Chancellor for Academic Affairs shallbe given a reasonable opportunity to show cause by the Chancellorbefore taking recourse for his removal under clauses (d), (e), (f),(g) and (h).".

(4) for section 12, the following section shall be substituted:—

12. (1) (a) The Pro-Vice-Chancellor for BusinessAffairs and Finance shall be appointed from the personsof the highest level of competence, integrity, morals and

institutional commitment. The Pro-Vice Chancellor shall be a distinguishedacademic with a minimum of ten years of experience in a Universitysystem of which at least 5 years shall be as Professor or ten years ofexperience in a reputed research or academic administrative organisationof which at least 5 years shall be in an equivalent position of Professor.

(b) The Pro-Vice-Chancellor for Business Affairs and Finance shallbe appointed by the Chancellor in consultation with the Minister. Theterm of his office shall be for four years and he shall be eligible for re-appointment for a period not exceeding four years but shall not holdoffice beyond the age of sixty-five years.

(2) The Pro-Vice-Chancellor for Business Affairs and Finance shallbe a whole-time officer of the University and shall be paid from theUniversity Fund such salary and allowances as the Chancellor may decidein consultation with the State Government.

(3) The Pro-Vice-Chancellor for Business Affairs and Finance mayresign his office by writing under his hand addressed to the Chancellor.

"The Pro-Vice-Chancellor forBusiness Affairsand Finance.

2 of 1974.

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6 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

(Section 2.)

(4) If—

(a) the Pro-Vice-Chancellor for Business Affairs and Finance is,by reason of leave, illness or other cause, temporarily unableto exercise the powers and perform the duties of his office, or

(b) a vacancy occurs in the office of the Pro-Vice-Chancellor forBusiness Affairs and Finance by reason of death, resignationor expiry of the term of his office, removal or otherwise,

then, during the peirod of such temporary inability or pending theappointment of a Pro-Vice-Chancellor for Business Affairs and Finance,as the case may be, the Chancellor, in consultation with the Minister andthe Vice-Chancellor, shall authorise Pro-Vice-Chancellor for academicAffairs or a senior teacher of the University or an officer of the Universityto exercise the powers and perform the duties of the Pro-Vice-Chancellorfor Business Affairs and Finance.

(5) The vacancy in the office of the Pro-Vice-Chancellor for BusinessAffairs and Finance occurring by reason of death, resignation or expiryof the term of his office, removal or otherwise shall be filled up byappointment of a Pro-Vice-Chancellor for Business Affairs and Financein accordance with the provisions of sub-section (1).

(6) The Pro-Vice-Chancellor for Business Affairs and Finance may beremoved from his office by the Chancellor if he is satisfied that theincumbent,—

(a) has become insane and adjudged by a competent court to be ofunsound mind; or

(b) has become an undischarged insolvent and stands so declaredby a competent Court; or

(c) has been physically unfit and incapable of discharging functiondue to protracted illness or physical disability ; or

(d) has wilfully omitted or refused to carry out the provisions ofthis Act or has committed breach of any of the terms andconditions of the service contract or has abused or misused thepowers vested in him or if the continuance in the office of thePro-Vice Chancellor is detrimental to the interest of theUniversity; or

(e) has been proved to be guilty of criminal breach of trust orcriminal negligence or gross financial irregularity or improprietyor gross negligence of duty; or

(f) has shown incompetence to perform or has persistently madedefault in the performance of the duties imposed on him by orunder this Act; or

(g) has been convicted by a court for any offence within the conceptand meaning of the Code of Criminal Procedure, 1973; or

(h) is a member of, or otherwise associated with, any politicalparty or acts in any partisan manner while in office.

Explanation.—For the purpose of this sub-clause, whetherany party is a political party or any association is a politicalassociation or any act of the Pro-Vice Chancellor is partisan,decision of the Chancellor thereon shall be final:

Provided that the Pro-Vice-Chancellor for Business Affairsand Finance shall be given a reasonable opportunity to show

2 of 1974.

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 7

The West Bengal University Laws(Amendment) Act, 2011.

cause by the Chancellor before taking recourse for his removalunder clauses (d), (e), (f), (g) and (h).".

(5) for section 18, the following section shall be substituted:—

18. (1) The Senate shall consist of the followingmembers:—

(a) Ex officio members—(i) the Chancellor;

(ii) the Vice-Chancellor;(iii) the Pro-Vice Chancellor (Academic Affairs);(iv) the Pro-Vice Chancellor (Business Affairs and Finance);(v) the Deans of Faculty Councils for Post Graduate Studies;

(vi) the Secretary, Higher Education Department,Government of West Bengal or his nominee not belowthe rank of Joint Secretary to the Government of WestBengal;

(vii) the Secretary, Finance Department, Government of WestBengal or his nominee not below the rank of JointSecretary to the Government of West Bengal;

(viii) the Chairman, West Bengal State Council of HigherEducation or his nominee;

(ix) the President, West Bengal Council of Higher SecondaryEducation;

(x) the President, West Bengal Madrasah Education Board;(xi) the President, West Bengal Board of Secondary

Education;(xii) the Director of Public Instruction, West Bengal or his

nominee not below the rank of Additional Director ofPublic Instruction;

(xiii) a nominee of the Chairman of University GrantsCommission;

(xiv) a nominee of the Chairman of National Council forTeachers' Education;

(xv) the Chairman of the College Service Commission or amember of the Commission as his nominee;

(b) Representatives of Departments and Colleges—

(xvi) Heads of Departments of the University;

(xvii) five senior most Professors of Departments of theUniversity to be selected by the Vice-Chancellor inalphabetical order of the Department, of whom notmore than one Professor shall be from the sameDepartment;

(xviii) Principals of affiliated Colleges, not more than ten, tobe nominated by the Vice-Chancellor of whom —

(I) one shall be from a Teacher's Training College;(II) one shall be from a Law College;

(III) one shall be from other Professional College;(IV) one shall be from Women's College;(V) one shall be from Government College;

(xix) five teachers from the Council for Undergraduatestudies, of whom at least two shall belong the rank of

(Section 2.)

"The Senate.

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8 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

Associate Professor and others shall be not below therank of Assistant Professor, to be elected by themembers of the Council from amongst themselves inthe manner as may be prescribed by the Statutes;

(xx) one representative of officers of the University, to beelected from amongst themselves in the manner as maybe prescribed by the Statutes;

(xxi) two representatives of non-teaching employees ofwhom—

(i) one from non-teaching employees of theUniversity,

(ii) one from non-teaching employees of theaffiliated colleges of the University,

to be elected from amongst themselves in the manneras may be prescribed by the Statutes;

(c) Nominated Members—

(xxii) not more than five persons to be nominated by theChancellor from amongst the persons interested inUniversity education:

Provided that no employee of the University or of aCollege or Institution affiliated with the University orrecognised by it shall be elegible to be a member;

(d) Special Invitee—

(xxiii) any official or expert in any field or eminenteducationist, whom the Vice-Chancellor may requirefor advice, consultation or assistance, may be invitedto attend the meeting :

Provided that not more than one official or expert oreminent educationist may be invited in a meeting at atime.

(2) A member of the Senate shall hold office for a period of fouryears, if not expressly provided otherwise in sub-section (1). Anyvacancy among the members of the Senate shall be filled upimmediately by the concerned authority.

(3) No act or proceedings of the Senate or of any body constitutedby the Senate shall be invalid or called in question by reason of theexistence of any vacancy, initial or subsequent, in the Senate or inany body constituted by the Senate, as the case may be.".

(6) for section 21, the following section shall be substituted:—

21. (1) The Syndicate shall consist of thefollowing members:—

(a) Ex officio Members—

(i) the Vice-Chancellor;

(ii) the Pro-Vice Chancellor (Academic Affairs);

(iii) the Pro-Vice Chancellor (Business Affairs and Finance);

(iv) Secretary of Higher Education Department or hisnominee not below the rank of Joint Secretary;

(v) Secretary of Finance Department or his nominee notbelow the rank of Joint Secretary;

(Section 2.)

" The Syndicate.

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 9

The West Bengal University Laws(Amendment) Act, 2011.

(vi) Chairman of West Bengal State Council of HigherEducation or his nominee;

(vii) Director of Public Instruction or his nominee not belowthe rank of Additional Director of Public Instruction;

(viii) the Deans of Faculty Councils for Post-GraduateStudies;

(ix) Principals of affiliated Colleges, not more than seven,to be nominated by the Vice Chancellor of whom—

(I) one shall be from a Teacher's Training College;(II) one shall be from a Law College;

(III) one shall be from other Professional College;(IV) one shall be from Women's College;(V) one shall be from Government College;

(b) Other Members—(x) three Heads of Departments, by rotation for one year

in alphabetical order of the Department, to be selectedby the Vice-Chancellor;

(xi) seven teachers from the faculty council for Post-Graduate studies of whom four shall be Professors, twoshall be Associate Professors and one shall be AssistantProfessor and they shall be elected by the members ofthe faculty council from amongst themselves in themanner as may be prescribed by statutes;

(xii) five Teachers of whom at least two shall belong to therank of Associate Professor and Others shall be notbelow the rank of Assisstant Professor from the Councilfor Undergraduate studies, to be elected by the membersof the Council from amongst themselves in the manneras may be prescribed by Statutes;

(xiii) two persons nominated by the Chancellor interested inUniversity education:

Provided that no employee of the University or of aCollege or Institution affiliated with the University orrecognized by it shall be eligible to be a member.

(2) A member of the Syndicate shall hold office for a period offour years, if not expressly provided otherwise in sub-section (1).Any vacancy among the members of the Syndicate shall be filled upimmediately by the concerned authority.

(3) No act or proceedings of the Syndicate or of any bodyconstituted by the Syndicate shall be invalid or called in question byreason of the existence of any vacancy, initial or subsequent, in theSyndicate or in any body constituted by the Syndicate, as the casemay be.".

(4) One-third of the total number of members shall be a quorumfor a meeting of the Syndicate.";

(7) in section 22, in clause (ix), the word “Teacher”, wherever it occurs,shall be omitted.;

(8) in section 23,—(i) in sub-section (2),—

(a) after clasue (v), the following clause shall be inserted:—"(va) the Librarian of the University, if the post is vacant

then the person acting as Librarian of the University

(Section 2.)

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10 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

in the case of the Faculty Council for Post-GraduateStudies in Education, Journalism and LibraryScience;”;

(b) after clause (viii), the following clause shall be inserted:—“(ix) one student representative pursuing Post-Graduate

studies in the University and one research scholarpursuing research in the University to be elected byPost-Graduate students and research scholarsrespectively from amongst themselves in the manneras may be prescribed in the Statutes;";

(9) in section 25, in clause (a) of sub-section (2), after clause (vi), thefollowing clause shall be inserted:—

"(vii) three student representatives pursuing Undergraduate studiesin different streams of education in the affiliated collegesof the University to be elected by such students from amongstthemselves in the manner as may be prescribed by thestatutes:

Provided that no two student representatives shall beelected from the same stream of education.";

(10) for section 31, the following section shall be substituted:—31. (1) A University Professor or a University

Associate Professor or a University AssistantProfessor shall be appointed by the Vice-Chancellor, on therecommendation of a Selection Committee, and the constitution ofsuch Selection Committee as well as the procedure for holding itsmeetings shall be in consonance with the University GrantsCommission Regulations and Recruitment Rules framed by the StateGovernment from time to time.

(2) Notwithstanding anything contrary to the provisions ofUniversity Grants Commission Regulations, the nominee of the Vice-Chancellor shall be the head of the Selection Committee, whichshall send its recommendations in writing to the Vice-Chancelloralongwith reasoned record of assessment of the persons appearedbefore it for selection.";

(11) for section 32, the following section shall be substituted:—32. (1) At least four members, including two

outside subject experts, shall constitute the quorumfor a meeting of the Selection Committee.

(2) If the Vice-Chancellor does not accept the recommendationof a Selection Committee, it shall refer the recommendation back tothe Selection Committee with reasons for reconsideration and if theVice-Chancellor does not accept the reconsidered views of theSelection Committee, the matter shall be referred to the Chancellorwith reasons and the decision of the Chancellor shall be final.".

3. In the North Bengal University Act, 1981,—(1) in section 2,—

(i) after clause (18), the following clause shall be inserted:—‘(18a) "State Government" means the Government of West

Bengal in the Higher Education Department;’;(ii) in clause (21), for the words “Assistant Professor, Reader,

Lecturer,”, the words “Associate Professor, Reader, AssistantProfessor,” shall be substituted;

(iii) for clause (22), the following clause shall be substituted:—‘(22) “Teacher of the University” means a Professor, Associate

Professor, Assistant Professor, or any other person, holding a teaching

(Section 3.)

"SelectionCommittee forTeaching Posts.

Amendment ofWest Ben. ActXXV of 1981.

"Procedure forholding meetingof the SelectionCommittee.

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 11

The West Bengal University Laws(Amendment) Act, 2011.

post including a part-time teaching post, appointed or recognized assuch by the University.’;

(iv) clause (25) shall be omitted;

(2) for section 9, the following section shall be substituted:—

9. (1) (a) The Vice-Chancellor shall be appointedfrom the persons of the highest level of competence,

integrity, morals and institutional commitment. The Vice Chancellor shallbe a distinguished academic with a minimum of ten years of experience ina University system of which at least 5 years shall be as Professor or tenyears of experience in a reputed research or academic administrativeorganization of which at least 5 years shall be in an equivalent position ofProfessor.

(b) The Vice-Chancellor shall be appointed by the Chancellor out ofthe panel of three names recommended in order of preference by theSearch Committee constituted by the State Government. While preparingthe panel, the Search Committee must give proper weightage to academicexcellence, exposure to the higher education system in the country andabroad and adequate experience in academic and administrative governanceand reflect the same in writing while submitting the panel to the Chancellor.

(c) The Search Committee shall consist of the following Members:—

(i) a nominee of the Chancellor, who shall be the Chairperson ofthe Committee;

(ii) a nominee of the Chairman, University Grants Commission;

(iii) a nominee of the Court:

Provided that all such Members shall be persons of eminencein the sphere of higher education and shall not be connected inany manner with the University or colleges or institutionsaffiliated with the University or recognised by it.

(2) (a) The Vice-chancellor shall hold office for a term of four yearsor till he attains the age of sixty-five years, whichever is earlier, and shallbe eligible for re-appointment for another term of four years or till heattains the age of sixty-five years, whichever is earlier, following theporovisions of sub-section (1).

(b) The Chancellor may, notwithstanding the expiration of the term ofthe office of the Vice-Chancellor or his attaining the age of sixty-fiveyears, allow him to continue in office till a successor assumes office,provided that he shall not continue as such for any period exceeding sixmonths.

(3) The Vice-Chancellor shall be a whole-time officer of the Universityand shall be paid from the University Fund such salary and allowances asthe Chancellor may decide in consultation with the State Government.

(4) The Vice-Chancellor may resign his office by writing under hishand addressed to the Chancellor.

(5) If—

(a) the Vice-Chancellor is, by reasons of leave, illness or othercause, temporarily unable to exercise the powers and performthe duties of his office, or

(b) a vacancy occurs in the office of the Vice-Chancellor by reasonof death, resignation, removal, expiry of term of his office or

(Section 3.)

"The Vice-Chancellor.

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12 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

otherwise, then, during the period of such temporary inabilityor pending the appointment of a Vice-Chancellor, as the casemay be, the Chancellor in consultation with the Minister mayappoint a person to exercise the powers and perform the dutiesof the Vice-Chancellor.

(6) The vacancy in the office of the Vice-Chancellor occurring byreason of death, resignation or expiry of the term of his office, removalor otherwise shall be filled up by appointment of a Vice-Chancellor inaccordance with the provisions of sub-section (1) within a period of sixmonths from the date of occurrence of the vacancy, and such period shallbe held to include any period for which a Vice-Chancellor is allowed tocontinue in office under clause (b) of sub-section (2), or a person isappointed by the Chancellor in consultation with the Minister to exercisethe powers and perform the duties of the Vice-Chancellor under sub-section (5).

(7) The Vice-Chancellor may be removed from his office by theChancellor if he is satisfied that the incumbent, -

(a) has become insane and adjudged by a competent court to be ofunsound mind; or

(b) has become an undischarged insolvent and stands so declaredby a competent Court; or

(c) has been physically unfit and incapable of discharging functiondue to protracted illness or physical disability ; or

(d) has wilfully omitted or refused to carry out the provisions ofthis Act or has committed breach of any of the terms andconditions of the service contract or has abused or misused thepowers vested in him or if the continuance in the office of theVice Chancellor is detrimental to the interest of the University;or

(e) has been proved to be guilty of criminal breach of trust orcriminal negligence or gross financial irregularity or improprietyor gross negligence of duty; or

(f) has shown incompetence to perform or has persistently madedefault in the performance of the duties imposed on him by orunder this Act; or

(g) has been convicted by a court for any offence within the conceptand meaning of the Code of Criminal Procedure, 1973; or

(h) is a member of, or otherwise associated with, any politicalparty or acts in any partisan manner while in office.

Explanation.— For the purpose of this sub-clause, whetherany party is a political party or any association or any act of theVice-Chancellor is partisan, decision of the Chancellor thereonshall be final:

Provided that the Vice-Chancellor shall be given a reasonableopportunity to show cause by the Chancellor before takingrecourse for his removal under clauses (d), (e), (f), (g) and(h).";

(3) for section 17, the following section shall be substituted:—

17. (1) The Court shall consist of the followingmembers:—

(a) Ex officio members—

(Section 3.)

"The Court.

2 of 1974.

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The West Bengal University Laws(Amendment) Act, 2011.

(i) the Chancellor;(ii) the Vice-Chancellor;

(iii) the Deans of Faculty Councils for Post Graduate Studies;(iv) the Secretary, Higher Education Department,

Government of West Bengal or his nominee not belowthe rank of Joint Secretary to the Government of WestBengal;

(v) the Secretary, Finance Department, Government of WestBengal or his nominee not below the rank of JointSecretary to the Government of West Bengal;

(vi) the Chairman, West Bengal State Council of HigherEducation or his nominee;

(vii) the President, West Bengal Council of Higher SecondaryEducation;

(viii) the President, West Bengal Madrasha Education Board;(ix) the President, West Bengal Board of Secondary

Education;(x) the Director of Public Instruction, West Bengal or his

nominee not below the rank of Additional Director ofPublic Instruction;

(xi) a nominee of the Chairman of University GrantsCommission;

(xii) a nominee of the Chairman of National Council forTeachers' Education;

(xiii) the Chairman of the College Service Commission or amember of the Commission as his nominee;

(b) Representatives of Departments and Colleges—(xiv) Heads of Departments of the University;(xv) five senior most Professors of Departments of the

University to be selected by the Vice-Chancellor inalphabetical order of the Department, of whom not morethan one Professor shall be from the same Department;

(xvi) Principals of affiliating Colleges, not more than ten, tobe nominated by the Vice-Chancellor of whom—

(I) one shall be from a Teachers’ Training College;(II) one shall be from a Law College;

(III) one shall be from other Professional College;(IV) one shall be from Women's College;(V) one shall be from Government College;

(xvii) five teachers from the Council for Undergraduatestudies, of whom atleast two shall belong to the rank ofAssociate Professor and other shall be not below therank of Assistant Professor, to be elected by themembers of the Council from amongst themselves inthe manner as may be prescribed by the Statutes;

(xviii) one representative of officers of the University, to beelected from amongst themselves in the manner as maybe prescribed by the statutes;

(xix) two representative of non-teaching employees ofwhom—

(i) one from non-teaching employees of theUniversity,

(Section 3.)

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14 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

(ii) one from non-teaching employees of theaffiliated colleges of the University,

to be elected from amongst themselves in the manner as may beprescribed by the Statutes;

(c) Nominated Members—

(xx) not more than five persons to be nominated by theChancellor from amongst the persons interested inUniversity education:

Provided that no employee of the University or of aCollege or Institution affiliated with the University orrecognised by it shall be eligible to be a member;

(d) Special Invitee—

(xxi) any official or expert in any field or eminenteducationist, whom the University may require foradvice, consultation or assistance, may be invited toattend the meeting:

Provided that not more than one official or expert oreminent educationist may be invited in a meeting at atime.

(2) A member of the Court shall hold office for a period of fouryears, if not expressly provided otherwise in sub-section (1). Anyvacancy among the members of the Court shall be filled upimmediately by the concerned authority.

(3) No act or proceedings of the Court or of any body constitutedby the Court shall be invalid or called in question by reason of theexistence of any vacancy, initial or subsequent, in the Court or inany body constituted by the Court, as the case may be.";

(4) for section 20, the following section shall be substituted:—

20. (1) The Executive Council shall consistof the following members :—

(a) Ex officio Members—

(i) the Vice Chancellor;

(ii) Secretary of Higher Education Department or hisnominee not below the rank of Joint Secretary;

(iii) Secretary of Finance Department or his nominee notbelow the rank of Joint Secretary;

(iv) Chairman of West Bengal State Council of HigherEducation or his nominee;

(v) Director of Public Instruction or his nominee not belowthe rank of Additional Director of Public Instruction;

(vi) the Deans of Faculty Councils for Post Graduate Studies;

(vii) Principals of affiliated Colleges, not more than seven,to be nominated by the Vice-Chancellor of whom -

(I) one shall be from a Teachers’ Training College;

(II) one shall be from a Law College;

(III) one shall be from other Professional College;

(IV) one shall be from Women's College;

(V) one shall be from Government College;

(Section 3.)

“The ExecutiveCouncil.

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The West Bengal University Laws(Amendment) Act, 2011.

(b) Other Members—(viii) three Heads of Departments, by rotation for one year

in alphabetical order of the Department, to be selectedby the Vice-Chancellor;

(ix) seven teachers from the faculty council for Post-Graduate studies of whom four shall be Professors, twoshall be Associate Professors and one shall be AssistantProfessor and they shall be elected by the members ofthe faculty council from amongst themselves in themanner as may be prescribed by Statutes;

(x) five Teachers of whom atleast two shall belong to therank of Associate Professor and others shall be notbelow the rank of Assisstant Professor from the Councilfor under-graduate studies to be elected by the membersof the Council from amongst themselves in the manneras may be prescribed by Statutes;

(xi) two persons nominated by the Chancellor interested inUniversity education:

Provided that no employee of the University or of aCollege or Institution affiliated with the University orrecognised by it shall be eligible to be a member.

(2) A member of the Executive Council shall hold office for aperiod of four years, if not expressly provided otherwise in sub-section (1). Any vacancy among the members of the ExecutiveCouncil shall be filled up immediately by the concerned authority.

(3) No act or proceedings of the Executive Council or of anybody constituted by the Executive Council shall be invalid or calledin question by reason of the existence of any vacancy, initial orsubsequent, in the Executive Council or in any body constituted bythe Executive Council, as the case may be.

(4) One-third of the total number of members shall be a quorumfor a meeting of the Executive Council.".

(5) in section 21, in clause (x), the word “Teacher”, wherever it occurs,shall be omitted.;

(6) in section 22,—(i) in sub-section (2),—

(a) after clasue (iii), the following clause shall be inserted:— "(iiia) the Librarian of the University, if the post is vacant

then the person acting as Librarian of the Universityin case of Faculty Council for Post-Graduate studiesin Arts, Commerce and Law;";

(b) after clause (vi), in the following clause shall be inserted:—"(vii) one student representative pursuing Post-Graduate

studies in the University and one research scholarpursuing research in the University to be electedby post graduate students and research scholars,respectively, from amongst themselves in themanner as may be prescribed by the Statutes";

(7) in section 24, in clause (a) of sub-section (2), after clause (vii), thefollowing clause shall be inserted:—"(viii) three student representatives pursuing Undergraduate studies

in different streams of education in the affiliated colleges ofthe University to be elected by such students from amongstthemselves in the manner as may be prescribed by the Statutes:

(Section 3.)

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16 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

Provided that no two student representatives shall be electedfrom the same stream of education.";

(8) for section 29, the following section shall be substituted:— 29. (1) A University Professor or a

University Associate Professor or a UniversityAssistant Professor shall be appointed by the

Vice-Chancellor, on the recommendation of a Selection Committee,and the constitution of such Selection Committee as well as theprocedure for holding its meetings shall be in consonance with theUniversity Grants Commission Regulations and Recruitment Rulesframed by the State Government from time to time.

(2) Notwithstanding anything contrary to the provisions ofUniversity Grants Commission Regulations, the nominee of the Vice-Chancellor shall be the head of the Selection Committee, whichshall send its recommendations in writing to the Vice-Chancelloralongwith reasoned record of assessment of the persons appearedbefore it for selection.";

(9) for section 30, the following section shall be substituted:—30. (1) At least four members, including two

outside subject experts, shall constitute thequorum for the meeting of the SelectionCommittee.

(2) If the Vice-Chancellor does not accept the recommendationof a Selection Committee, it shall refer the recommendation back tothe Selection Committee with reasons for reconsideration and if theVice-Chancellor does not accept the reconsidered views of theSelection Committee, the matter shall be referred to the Chancellorwith reasons and the decision of the Chancellor shall be final".

4. In the Burdwan University Act, 1981,—(1) in section 2,—

(i) after clause (18), the following clause shall be inserted:—‘(18a) "State Government" means the Government of West

Bengal in the Higher Education Department;’(ii) in clause (21), for the words 'Assistant Professor, Reader, Lecturer',

the words 'Associate Professor, Reader, Assistant Professor' shall besubstituted;

(iii) for clause (22), the following clause shall be substituted :—"(22) 'Teacher of the University' means a Professor, Associate

Professor, Assistant Professor, or any other person, holding a teachingpost including a part time teaching post, appointed or recognized assuch by the University.";

(iv) clause (25) shall be omitted;(2) for section 9, the following section shall be substituted:—

9. (1) (a) The Vice-Chancellor shall be appointedfrom the persons of the highest level of competence,

integrity, morals and institutional commitment. The Vice Chancellor shallbe a distinguished academic with a minimum of ten years of experience ina University system of which atleast 5 years shall be as professor or tenyears of experience in a reputed research or academic administrativeorganisation of which atleast 5 years shall be in an equivalent position ofprofessor.

(b) The Vice Chancellor shall be appointed by the Chancellor out ofthe panel of three names recommended in order of preference by the

(Section 4.)

"SelectionCommittee forTeaching Posts.

Amendment ofWest Ben.Act XXIIIof 1981.

"The Vice-Chancellor.

"Procedure forholding meetingof the SelectionCommittee.

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 17

The West Bengal University Laws(Amendment) Act, 2011.

Search Committee constituted by the State Government. While preparingthe panel, the Search Committee must give proper weightage to academicexcellence, exposure to the higher education system in the country andabroad and adequate experience in academic and administrative governanceand reflect the same in writing while submitting the panel to the Chancellor.

(c) The Search Committee shall consist of the following Members:—

(i) a nominee of the Chancellor, who shall be the Chairperson ofthe Committee;

(ii) a nominee of the Chairman, University Grants Commission;

(iii) a nominee of the Court:

Provided that all such Members shall be persons of eminencein the sphere of higher education and shall not be connected inany manner with the University or colleges or institutionsaffiliated with the University or recognised by it.

(2) (a) The Vice-chancellor shall hold office for a term of four yearsor till he attains the age of sixty-five years, whichever is earlier, and shallbe eligible for re-appointment for another term of four years or till heattains the age of sixty-five years, whichever is earlier, following theporovisions of sub-section (1).

(b) The Chancellor may, notwithstanding the expiration of the term ofthe office of the Vice-Chancellor or his attaining the age of sixty-fiveyears, allow him to continue in office till a successor assumes office,provided that he shall not continue as such for any period exceeding sixmonths.

(3) The Vice-Chancellor shall be a whole-time officer of the Universityand shall be paid from the University Fund such salary and allowances asthe Chancellor may decide in consultation with the State Government.

(4) The Vice-Chancellor may resign his office by writing under hishand addressed to the Chancellor.

(5) If —

(a) the Vice-Chancellor is, by reasons of leave, illness or othercause, temporarily unable to exercise the powers and performthe duties of his office, or

(b) a vacancy occurs in the office of the Vice-Chancellor by reasonof death, resignation, removal, expiry of term of his office orotherwise,

then, during the period of such temporary inability or pending theappointment of a Vice-Chancellor, as the case may be, the Chancellor inconsultation with the Minister may appoint a person to exercise the powersand perform the duties of the Vice-Chancellor.

(6) The vacancy in the office of the Vice-Chancellor occurring byreason of death, resignation or expiry of the term of his office, removalor otherwise shall be filled up by appointment of a Vice-Chancellor inaccordance with the provisions of sub-section (1) within a period of sixmonths from the date of occurrence of the vacancy, and such period shallbe held to include any period for which a Vice-Chancellor is allowed tocontinue in office under clause (b) of sub-section (2), or a person isappointed by the Chancellor in consultation with the Minister to exercisethe powers and perform the duties of the Vice-Chancellor under sub-section (5).

(Section 4.)

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The West Bengal University Laws(Amendment) Act, 2011.

(7) The Vice-Chancellor may be removed from his office by theChancellor if he is satisfied that the incumbent,—

(a) has become insane and adjudged by a competent court to be ofunsound mind; or

(b) has become an undischarged insolvent and stands so declaredby a competent Court; or

(c) has been physically unfit and incapable of discharging functiondue to protracted illness or physical disability ; or

(d) has wilfully omitted or refused to carry out the provisions ofthis Act or has committed breach of any of the terms andconditions of the service contract or has abused or misused thepowers vested in him or if the continuance in the office of theVice-Chancellor is detrimental to the interest of the University;or

(e) has been proved to be guilty of criminal breach of trust orcriminal negligence or gross financial irregularity or improprietyor gross negligence of duty; or

(f) has shown incompetence to perform or has persistently madedefault in the performance of the duties imposed on him by orunder this Act; or

(g) has been convicted by a court for any offence within the conceptand meaning of the Code of Criminal Procedure, 1973; or

(h) is a member of, or otherwise associated with, any politicalparty or acts in any partisan manner while in office.

Explanation.— For the purpose of this sub-clause, whetherany party is a political party or any association is a politicalassociation or any act of the Vice-Chancellor is partisan, decisionof the Chancellor thereon shall be final:

Provided that the Vice-Chancellor shall be given a reasonableopportunity to show cause by the Chancellor before takingrecourse for his removal under clauses (d), (e), (f), (g) and(h).".

(3) for section 9A, the following section shall be substituted:—

9A. (1) (a) The Pro-Vice-Chancellor(Administration and Academic) shall beappointed from the persons of the highest level of

competence, integrity, morals and institutional commitment. The Pro-Vice-Chancellor (Administration and Academic) shall be a distinguishedacademic with a minimum of ten years of experience in a Universitysystem of which atleast 5 years shall be as Professor or ten years ofexperience in a reputed research or academic administrative organisationof which at least 5 years shall be in an equivalent position.

(b) The Pro-Vice-Chancellor (Administration and Academic) shall beappointed by the Chancellor in consultation with the Minister. The termof his office shall be for four years and he shall be eligible for re-appointment for a period not exceeding four years but shall not holdoffice beyond the age of sixty-five years.

(2) The Pro-Vice-Chancellor (Administration and Academic) shall bea whole-time officer of the University and shall be paid from the UniversityFund such salary and allowances as the Chancellor may decide inconsultation with the State Government.

(Section 4.)

"The Pro-Vice-Chancellor(Administrationand Academic).

2 of 1974.

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 19

The West Bengal University Laws(Amendment) Act, 2011.

(3) The Pro-Vice-Chancellor (Administration and Academic) mayresign his office by writing under his hand addressed to the Chancellor.

(4) If—

(a) the Pro-Vice-Chancellor (Administration and Academic) is,by reason of leave, illness or other cause, temporarily unableto exercise the powers and perform the duties of his office, or

(b) a vacancy occurs in the office of the Pro-Vice-Chancellor(Administration and Academic) by reason of death, resignationor expiry of the term of his office, removal or otherwise,

then, during the peirod of such temporary inability or pending theappointment of a Pro-Vice-Chancellor (Administration and Academic),as the case may be, the Chancellor, in consultation with the Minister andthe Vice-Chancellor, shall authorise a senior teacher of the University oran officer of the University to exercise the powers and perform the dutiesof the Pro-Vice-Chancellor (Administration and Academic).

(5) The vacancy in the office of the Pro-Vice-Chancellor(Administration and Academic) occurring by reason of death, resignationor expiry of the term of his office, removal or otherwise shall be filled upby appointment of a Pro-Vice-Chancellor (Administration and Academic)in accordance with the provisions of sub-section (1).

(6) The Pro-Vice-Chancellor (Administration and Academic) may beremoved from his office by the Chancellor if he is satisfied that theincumbent,—

(a) has become insane and adjudged by a competent court to be ofunsound mind; or

(b) has become an undischarged insolvent and stands so declaredby a competent Court; or

(c) has been physically unfit and incapable of discharging functiondue to protracted illness or physical disability ; or

(d) has wilfully omitted or refused to carry out the provisions ofthis Act or has committed breach of any of the terms andconditions of the service contract or has abused or misused thepowers vested in him or if the continuance in the office of thePro-Vice-Chancellor (Administration and Academic) isdetrimental to the interest of the University; or

(e) has been proved to be guilty of criminal breach of trust orcriminal negligence or gross financial irregularity or improprietyor gross negligence of duty; or

(f) has shown incompetence to perform or has persistently madedefault in the performance of the duties imposed on him by orunder this Act; or

(g) has been convicted by a court for any offence within the conceptand meaning of the Code of Criminal Procedure, 1973; or

(h) is a member of, or otherwise associated with, any political partyor acts in any partisan manner while in office.

Explanation.— For the purpose of this sub-clause, whetherany party is a political party or any association is a politicalassociation or any act of the Pro-Vice Chancellor(Administration and Academic) is partisan, decision of theChancellor thereon shall be final:

(Section 4.)

2 of 1974.

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20 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

Provided that the Pro-Vice-Chancellor (Administration andAcademic) shall be given a reasonable opportunity to showcause by the Chancellor before taking recourse for his removalunder clauses (d), (e), (f), (g) and (h).".

(4) for section 17, the following section shall be substituted:—

17. (1) The Court shall consist of the followingmembers:—

(a) Ex officio members—(i) the Chancellor;

(ii) the Vice-Chancellor;(iii) the Pro-Vice-Chancellor (Administration and

Academic);(iv) the Deans of Faculty Councils for Post-Graduate

Studies;(v) the Secretary, Higher Education Department,

Government of West Bengal or his nominee not belowthe rank of Joint Secretary to the Government of WestBengal;

(vi) the Secretary, Finance Department, Government of WestBengal or his nominee not below the rank of JointSecretary to the Government of West Bengal;

(vii) the Chairman, West Bengal State Council of HigherEducation or his nominee;

(viii) the President, West Bengal Council of Higher SecondaryEducation;

(ix) the President, West Bengal Madrasah Education Board;(x) the President, West Bengal Board of Secondary

Education;(xi) the Director of Public Instruction, West Bengal or his

nominee not below the rank of Additional Director;(xii) a nominee of the Chairman of University Grants

Commission;(xiii) a nominee of the Chairman of National Council for

Teachers' Education;(xiv) a nominee of the Chairman of All India Council for

Technical Education;(xv) the Chairman, of the College Service Commission or a

member of the Commission as his nominee;(b) Representatives of Departments and Colleges—

(xvi) Heads of Departments of the University;(xvii) five senior most Professors of Departments of the

University to be selected by the Vice-Chancellor inalphabetical order of the Department, of whom notmore than one Professor shall be from the sameDepartment;

(xviii) Principals of affiliated Colleges, not more than ten, tobe nominated by the Vice-Chancellor of whom—

(I) one shall be from a Teachers’ Training College;(II) one shall be from a Law College;

(III) one shall be from other Professional College;(IV) one shall be from Women's College;(V) one shall be from Government College;

(Section 4.)

" The Court.

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The West Bengal University Laws(Amendment) Act, 2011.

(xix) five teachers from the Council for undergraduatestudies, of whom atleast two shall belong to the rankof Associate Professor and others shall be not belowthe rank of Assistant Professor, to be elected by themembers of the Council from amongst themselves inthe manner as may be prescribed by the Statutes;

(xx) one representative of officers of the University, to beelected from amongst themselves in the maneer as maybe prescribed by the Statutes;

(xxi) two representatives of non-teaching employees ofwhom—

(i) one from non-teaching employees of theUniversity,

(ii) one from non-teaching employees of theaffiliated colleges of the University,

to be elected from amongst themselves in the manner as maybe prescribed by the Statutes.

(c) Nominated Members—

(xxii) not more than five persons to be nominated by theChancellor from amongst the persons interested inUniversity education:

Provided that no employee of the University or of aCollege or Institution affiliated with the University orrecognised by it shall be eligible to be a member.

(d) Special Invitee—(xxiii) any official or expert in any field or eminent

educationist, whom the Vice-Chancellor may requirefor advice, consultation or assistance, may be invitedto attend the meeting:

Provided that not more than one official or expert oreminent educationist may be invited in a meeting at atime.

(2) A member of the Court shall hold office for a period of fouryears, if not expressly provided otherwise in sub-section (1). Anyvacancy among the members of the Court shall be filled upimmediately by the concerned authority.

(3) No act or proceedings of the Court or of any body constitutedby the Court shall be invalid or called in question by reason of theexistence of any vacancy, initial or subsequent, in the Court or inany body constituted by the Court, as the case may be.";

(5) for section 20, the following section shall be substituted:—

20. (1) The Executive Council shall consistof the following members:—

(a) Ex officio Members—(i) the Vice-Chancellor;

(ii) the Pro-Vice-Chancellor (Administration andAcademic);

(iii) Secretary of Higher Education Department or hisnominee not below the rank of Joint Secretary;

(iv) Secretary of Finance Department or his nominee notbelow the rank of Joint Secretary;

(Section 4.)

"The ExecutiveCouncil.

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The West Bengal University Laws(Amendment) Act, 2011.

(Section 4.)

(v) Chairman of West Bengal State Council of HigherEducation or his nominee;

(vi) Director of Public Instruction or his nominee not belowthe rank of Additional Director of Public Instruction;

(vii) the Deans of Faculty Councils for Post-GraduateStudies;

(viii) Principals of affiliated Colleges, not more than seven,to be nominated by the Vice-Chancellor of whom—

(I) one shall be from a Teachers’ Training College;(II) one shall be from a Law College;

(III) one shall be from other Professional College;(IV) one shall be from Women's College;(V) one shall be from Government College;

(b) Other Members—(ix) three Heads of Departments, by rotation for one year

in alphabetical order of the Department, to be selectedby the Vice-Chancellor;

(x) three Heads of Departments, by rotation for one yearin alphabetical order of the Department, to be selectedby the Vice-Chancellor;

(xi) seven teachers from the faculty council for Post-Graduate studies of whom four shall be Professors, twoshall be Associate Professors and one shall be AssistantProfessor and they shall be elected by the members ofthe faculty council from amongst themselves in themanner as may be prescribed by Statutes;

(xii) five Teachers of whom atleast two shall belong to therank of Associate Professor and others shall be notbelow the rank of Assisstant Professor from the Councilfor Undergraduate studies, to be elected by the membersof the Council from amongst themselves in the manneras may be prescribed by Statutes;

(xiii) two persons nominated by the Chancellor interested inUniversity education:

Provided that no employee of the University or of aCollege or Institution affiliated with the University orrecognized by it shall be eligible to be a member.

(2) A member of the Executive Council shall hold office for aperiod of four years, if not expressely provided otherwise in sub-section (1). Any vacancy among the members of the ExecutiveCouncil shall be filled up immediately by the concerned authority.

(3) No act or proceedings of the Executive Council or of anybody constituted by the Executive Council shall be invalid or calledin question by reason of the existence of any vacancy, initial orsubsequent, in the Executive Council or in any body constituted bythe Executive Council, as the case may be.

(4) One-third of the total number of members shall be a quorumfor a meeting of the Executive Council.".

(6) in section 21, in clause (x), the word “Teachers”, wherever it occurs,shall be omitted.;

(7) in section 22,—(i) in sub-section (2),—

(a) after clause (iii), the following clause shall be inserted:—

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 23

The West Bengal University Laws(Amendment) Act, 2011.

"(iiia) the Librarian of the University, if the post is vacantthen the person acting as Librarian of theUniversity in the case of the Faculty Council forPost-Graduate Studies in Arts, Commerce, Law,Fine Arts and Music;”;

(b) after clause (vi), the following clause shall be inserted:—"(vii) one student representative pursuing Post-Graduate

studies in the University and one research scholarpursuing research in the University to be electedby Post-Graduate students and research scholarsrespectively from amongst themselves in themanner as may be prescribed in the statutes;";

(8) in section 24, in sub-section (2), after clause (viii), the followingclause shall be inserted:—“(ix) three student representatives pursuing Undergraduate studies

in different streams of education in the affiliated colleges ofthe University to be elected by such students from amongstthemselves in the manner as may be prescribed by the statutes:

Provided that no two student representatives shall be electedfrom the same stream of education.";

(9) for section 29, the following section shall be substituted:—29. (1) A University Professor or a University

Associate Professor or a University AssistantProfessor shall be appointed by the Vice-Chancellor, on therecommendation of a Selection Committee, and the constitution ofsuch Selection Committee as well as the procedure for holding itsmeetings shall be in consonance with the University GrantsCommission Regulations and Recruitment Rules framed by the StateGovernment from time to time.

(2) Notwithstanding anything contrary to the provisions ofUniversity Grants Commission Regulations, the nominee of the Vice-Chancellor shall be the head of the Selection Committee, whichshall send its recommendations in writing to the Vice-Chancelloralongwith reasoned record of assessment of the persons appearedbefore it for selection.";

(10) for section 30, the following section shall be substituted:—30. (1) At least four members, including two

outside subject experts, shall constitute the quorumfor a meeting of the Selection Committee.

(2) If the Vice-Chancellor does not accept the recommendationof a Selection Committee, it shall refer the recommendation back tothe Selection Committee with reasons for reconsideration and if theVice-Chancellor does not accept the reconsidered views of theSelection Committee, the matter shall be referred to the Chancellorwith reasons and the decision of the Chancellor shall be final.".

5. In the Vidyasagar University Act, 1981,—(1) in section 2,—

(i) after clause (17), the following clause shall be inserted:—‘(17a) "State Government" means the Government of West

Bengal in the Higher Education Department;’;(ii) in clause (20), for the words "a Professor, Associate Professor,

Assistant Professor, Reader, Principal, Lecturer,", the words "aPrincipal, Professor, Associate Professor, Reader, AssistantProfessor" shall be substituted;

(Section 5.)

"SelectionCommittee forTeaching Posts.

Amendment ofWest Ben.Act XVIIIof 1981.

"Procedure forholding meetingof SelectionCommittee.

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24 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

(iii) for clause (21), the following clause shall be substituted:—

‘(21) “Teacher of the University” means a Professor, AssociateProfessor, Assistant Professor, or any other person, holding ateaching post including a part-time teaching post, appointedor recognized as such by the University;’;

(iv) clause (24) shall be omitted;

(2) for section 9, the following section shall be substituted:—

9. (1) (a) The Vice-Chancellor shall be appointedfrom the persons of the highest level of competence,

integrity, morals and institutional commitment. The Vice-Chancellor shallbe a distinguished academic with a minimum of ten years of experience ina University system of which atleast 5 years shall be as professor or tenyears of experience in a reputed research or academic administrativeorganisation of which atleast 5 years shall be in an equivalent position ofprofessor.

(b) The Vice-Chancellor shall be appointed by the Chancellor out ofthe panel of three names recommended in order of preference by theSearch Committee constituted by the State Government. While preparingthe panel, the Search Committee must give proper weightage to academicexcellence, exposure to the higher education system in the country andabroad and adequate experience in academic and administrative governanceand reflect the same in writing while submitting the panel to the Chancellor.

(c) The Search Committee shall consist of the following Members:—

(i) a nominee of the Chancellor, who shall be the Chairperson of

the Committee;

(ii) a nominee of the Chairman, University Grants Commission;

(iii) a nominee of the Court:

Provided that all such Members shall be persons of eminence inthe sphere of higher education and shall not be connected in anymanner with the University or colleges or institutions affiliated withthe University or recognised by it.

(2) (a) The Vice-chancellor shall hold office for a term of four years or till heattains the age of sixty-five years, whichever is earlier, and shall be eligible for re-appointment for another term of four years or till he attains the age of sixty-five years,whichever is earlier, following the provisions of sub-section (1).

(b) The Chancellor may, notwithstanding the expiration of the term of the officeof the Vice-Chancellor or his attaining the age of sixty-five years, allow him to continuein office till a successor assumes office, provided that he shall not continue as such forany period exceeding six months.

(3) The Vice-Chancellor shall be a whole-time officer of the University and shallbe paid from the University Fund such salary and allowances as the Chancellor maydecide in consultation with the State Government.

(4) The Vice-Chancellor may resign his office by writing under his hand addressedto 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 hisoffice, or

(Section 5.)

“The Vice-Chancellor.

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 25

The West Bengal University Laws(Amendment) Act, 2011.

(Section 5.)

(b) a vacancy occurs in the office of the Vice-Chancellor by reason of death,resignation, removal, expiry of term of his office or otherwise,

then, during the period of such temporary inability or pending the appointment of aVice-Chancellor, as the case may be, the Chancellor in consultation with the Ministermay appoint a person to exercise the powers and perform the duties of the Vice-Chancellor.

(6) The vacancy in the office of the Vice-Chancellor occurring by reason of death,resignation or expiry of the term of his office, removal or otherwise shall be filled upby appointment of a Vice-Chancellor in accordance with the provisions of sub-section(1) within a period of six months from the date of occurrence of the vacancy, and suchperiod shall be held to include any period for which a Vice-Chancellor is allowed tocontinue in office under clause (b) of sub-section (2), or a person is appointed by theChancellor in consultation with the Minister to exercise the powers and perform theduties of the Vice-Chancellor under sub-section (5).

(7) The Vice-Chancellor may be removed from his office by the Chancellor if heis satisfied that the incumbent,—

(a) has become insane and adjudged by a competent court to be of unsoundmind; or

(b) has become an undischarged insolvent and stands so declared by a competentCourt; or

(c) has been physically unfit and incapable of discharging function due toprotracted illness or physical disability ; or

(d) has wilfully omitted or refused to carry out the provisions of this Act orhas committed breach of any of the terms and conditions of the servicecontract or has abused or misused the powers vested in him or if thecontinuance in the office of the Vice-Chancellor is detrimental to theinterest of the University; or

(e) has been proved to be guilty of criminal breach of trust or criminalnegligence or gross financial irregularity or impropriety or grossnegligence of duty; or

(f) has shown incompetence to perform or has persistently made default inthe performance of the duties imposed on him by or under this Act; or

(g) has been convicted by a court for any offence within the concept andmeaning of the Code of Criminal Procedure, 1973; or

(h) is a member of, or otherwise associated with, any political party or acts inany partisan manner while in office.

Explanation.— For the purpose of this sub-clause, whether any party isa political party or any association is a political association or any act ofthe Vice-Chancellor is partisan, decision of the Chancellor thereon shallbe final:

Provided that the Vice-Chancellor shall be given a reasonable opportunityto show cause by the Chancellor before taking recourse for his removalunder clauses (d), (e), (f), (g) and (h).";

(3) for section 17, the following section shall be substituted:—

17. (1) The Court shall consist of the followingmembers:—

(a) Ex officio members—

(i) the Chancellor;

(ii) the Vice Chancellor;

“The Court.

2 of 1974.

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26 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

(iii) the Deans of Faculty Councils for Post-Graduate Studies;

(iv) the Secretary, Higher Education Department, Governmentof West Bengal or his nominee not below the rank of JointSecretary to the Government of West Bengal;

(v) the Secretary, Finance Department, Government of WestBengal or his nominee not below the rank of Joint Secretaryto the Government of West Bengal;

(vi) the Chairman, West Bengal State Council of Higher Educationor his nominee;

(vii) the President, West Bengal Council of Higher SecondaryEducation;

(viii) the President, West Bengal Madrasah Education Board;

(ix) the President, West Bengal Board of Secondary Education;

(x) the Director of Public Instruction, West Bengal or hisnominee not below the rank of Additional Director of PublicInstruction;

(xi) a nominee of the Chairman of University Grants Commission;

(xii) a nominee of the Chairman of National Council for Teachers'Education;

(xiii) the Chairman, of the College Service Commission or amember of the Commission as his nominee;

(b) Representatives of Departments and Colleges—

(xiv) Heads of Departments of the University;

(xv) five senior most Professors of Departments of the Universityto be selected by the Vice-Chancellor in alphabetical orderof the Department, of whom not more than one Professorshall be from the same Department;

(xvi) Principals of affiliated Colleges, not more than ten, to benominated by the Vice-Chancellor of whom—

(I) one shall be from a Teachers’ Training College;

(II) one shall be from a Law College;

(III) one shall be from other Professional College;

(IV) one shall be from Women's College;

(xvii) five teachers from the Council for Undergraduate studies, ofwhom at least two shall belong to the rank of AssociateProfessor and others shall be not below the rank of AssistantProfessor, to be elected by the members of the Council fromamongst themselves in the manner as may be prescribed bythe Statutes;

(xviii) one representative of officers of the University, to be electedfrom amongst themselves in the maneer as may be prescribedby the Statutes;

(xix) two representatives of non-teaching employees of whom—

(i) one from non-teaching employees of the University,

(ii) one from non-teaching employees of the affiliatedcolleges of the University,

(Section 5.)

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 27

The West Bengal University Laws(Amendment) Act, 2011.

to be elected from amongst themselves in the manner as maybe prescribed by the Statutes.

(c) Nominated Members—

(xx) not more than five persons to be nominated by the Chancellorfrom amongst the persons interested in University education:

Provided that no employee of the University or of a Collegeor Institution affiliated with the University or recognised byit shall be eligible to be a member.

(d) Special Invitee—

(xxi) any official or expert in any field or eminent educationist,whom the University may require for advice, consultation orassistance, may be invited to attend the meeting:

Provided that not more than one official or expert oreminent educationist may be invited in a meeting at a time.

(2) A member of the Court shall hold office for a period of four years, if notexpressly provided othererwise in sub-section (1). Any vacancy among the membersof the Court shall be filled up immediately by the concerned authority.

(3) No act or proceedings of the Court or of any body constituted by the Courtshall be invalid or called in question by reason of the existence of any vacancy, initialor subsequent, in the Court or in any body constituted by the Court, as the case maybe.";

(4) for section 20, the following section shall be substituted:—

20. (1) The Executive Council shall consist ofthe following members:—

(a) Ex officio Members—

(i) the Vice-Chancellor;

(ii) Secretary of Higher Education Department or hisnominee not below the rank of Joint Secretary;

(iii) Secretary of Finance Department or his nominee notbelow the rank of Joint Secretary;

(iv) Chairman of West Bengal State Council of HigherEducation or his nominee;

(v) Director of Public Instruction or his nominee not belowthe rank of Additional Director of Public Instruction;

(vi) the Deans of Faculty Councils for Post-Graduate Studies;

(vii) Principals of affiliated Colleges, not more than seven, tobe nominated by the Vice-Chancellor of whom—

(I) one shall be from a Teachers’ Training College;

(II) one shall be from a Law College;

(III) one shall be from other Professional College;

(IV) one shall be from Women's College;

(Section 5.)

“The ExecutiveCouncil.

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28 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

(b) Other Members—

(viii) three Heads of Departments, by rotation for one year inalphabetical order of the Department, to be selected bythe Vice-Chancellor;

(ix) seven teachers from the faculty council for Post-Graduatestudies of whom four shall be Professors, two shall beAssociate Professors and one shall be Assistant Professorand they shall be elected by the members of the facultycouncil from amongst themselves in the manner as maybe prescribed by Statutes;

(x) five Teachers of whom atleast two shall belong to therank of Associate Professor and Others shall be notbelow the rank of Assisstant Professor from the councilfor Undergraduate studies to be elected by the membersof the Council from amongst themselves in the manneras may be prescribed by Statutes;

(xi) two persons to be nominated by the Chancellorinterested in University education:

Provided that no employee of the University or of aCollege or Institution affiliated with the University orrecognised by it shall be eligible to be a member.

(2) A member of the Executive Council shall hold office for a period of fouryears, if not expressly provided otherwise in sub-section (1). Any vacancy among themembers of the Executive Council shall be filled up immediately by the concernedauthority.

(3) No act or proceedings of the Executive Council or of any body constituted bythe Executive Council shall be invalid or called in question by reason of the existenceof any vacancy, initial or subsequent, in the Executive Council or in any body constitutedby the Executive Council, as the case may be.

(4) One-third of the total number of members shall be a quorum for a meeting ofthe Executive Council.";

(5) in section 21, in clause (ix), the word “Teachers”, wherever it occurs, shall beomitted.;

(6) in section 22,—

(i) in sub-section (2),—

(a) after clasue (iii), the following clause shall be inserted:—

“(iiia) the Librarian of the University, if the post is vacant then theperson acting as Librarian of the University in case of FacultyCouncil for Post-Graduate studies in Arts and Commerce;

(b) after clause (vii), the following clause shall be inserted:—

“(viii) one student representative pursuing Post-Graduate studiesin the University and one research scholar pursuing researchin the University to be elected by Post-Graduate studentsand research scholars, respectively, from amongst themselvesin the manner as may be prescribed by the Statutes";

(Section 5.)

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 29

The West Bengal University Laws(Amendment) Act, 2011.

(7) in section 24,—

(a) in sub-section (2), after clause (vi), the following clause shall beinserted:—

“(vii) three student representatives pursuing Undergraduate studiesin different streams of education in the affiliated colleges ofthe University to be elected by such students from amongstthemselves in the manner as may be prescribed by the Statutes:

Provided that no two student representatives shall be elected fromthe same stream of education.";

(b) in sub-section (3), after clause (v), the following clause shall beinserted:—

“(vi) one student representative pursuing Undergraduate studies inLaw in an affiliated college of the University.";

(8) for section 29, the following section shall be substituted:—

29. (1) A University Professor or a University Associate Professoror a University Assistant Professor shall be appointed by the Vice

Chancellor, on the recommendation of a Selection Committee, and the constitution ofsuch Selection Committee as well as the procedure for holding its meetings shall be inconsonance with the University Grants Commission Regulations and Recruitment Rulesframed by the State Government from time to time.

(2) Notwithstanding anything contrary to the provisions of University GrantsCommission Regulations, the nominee of the Vice-Chancellor shall be the head of theSelection Committee, which shall send its recommendations in writing to the Vice-Chancellor alongwith reasoned record of assessment of the persons appeared before itfor selection.";

(9) for section 30, the following section shall be substituted:—

30. (1) At least four members, including two outside subject experts,shall constitute the quorum for a meeting of the Selection Committee.

(2) If the Vice-Chancellor does not accept the recommendation of a SelectionCommittee, it shall refer the recommendation back to the Selection Committee withreasons for reconsideration and if the Vice-Chancellor does not accept the reconsideredviews of the Selection Committee, the matter shall be referred to the Chancellor withreasons and the decision of the Chancellor shall be final".

6. In the Kalyani University Act, 1981,—

(1) in section 2,—

(i) after clause (16), the following clause shall be inserted:—

‘(16a) "State Government" means the Government of West Bengalin the Higher Education Department;’;

(ii) in clause (19), for the words “Assistant Professor, Reader, Lecturer”,the words “Associate Professor, Reader, Assistant Professor” shallbe substituted;

(iii) for clause (20), the following clause shall be substituted:—

‘(20) “Teacher of the University” means a Professor, AssociateProfessor, Assistant Professor, or any other person, holdinga teaching post including a part time teaching post, appointedor recognized as such by the University.’;

(Section 6.)

“Procedure forholding meetingsof the SelectionCommittee.

“SelectionCommittee forTeaching Posts.

Amendment ofWest Ben. ActXL of 1981.

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30 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

(iv) clause (23) shall be omitted.

(2) for section 9, the following section shall be substituted:—

9. (1) (a) The Vice-Chancellor shall be appointed from the personsof the highest level of competence, integrity, morals and institutional

commitment. The Vice-Chancellor shall be a distinguished academic with a minimumof ten years of experience in a University system of which atleast 5 years shall be asprofessor or ten years of experience in a reputed research or academic administrativeorganisation of which atleast 5 years shall be in an equivalent position of professor.

(b) The Vice-Chancellor shall be appointed by the Chancellor out of the panel ofthree names recommended in order of preference by the Search Committee constitutedby the State Government. While preparing the panel, the Search Committee must giveproper weightage to academic excellence, exposure to the higher education system inthe country and abroad and adequate experience in academic and administrativegovernance and reflect the same in writing while submitting the panel to the Chancellor.

(c) The Search Committee shall consist of the following Members:—

(i) a nominee of the Chancellor, who shall be the Chairperson of theCommittee;

(ii) a nominee of the Chairman, University Grants Commission;

(iii) a nominee of the Court:

Provided that all such Members shall be persons of eminence in the sphere ofhigher education and shall not be connected in any manner with the University orcolleges or institutions affiliated with the University or recognised by it.

(2) (a) The Vice-chancellor shall hold office for a term of four years or till heattains the age of sixty-five years, whichever is earlier, and shall be eligible for re-appointment for another term of four years or till he attains the age of sixty-five years,whichever is earlier, following the provisions of sub-section (1).

(b) The Chancellor may, notwithstanding the expiration of the term of the officeof the Vice-Chancellor or his attaining the age of sixty-five years, allow him to continuein office till a successor assumes office, provided that he shall not continue as such forany period exceeding six months.

(3) The Vice-Chancellor shall be a whole-time officer of the University and shallbe paid from the University Fund such salary and allowances as the Chancellor maydecide in consultation with the State Government.

(4) The Vice-Chancellor may resign his office by writing under his hand addressedto 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 hisoffice, or

(b) a vacancy occurs in the office of the Vice-Chancellor by reason of death,resignation, removal, expiry of term of his office or otherwise,

then, during the period of such temporary inability or pending the appointment of aVice-Chancellor, as the case may be, the Chancellor in consultation with the Ministermay appoint a person to exercise the powers and perform the duties of the Vice-Chancellor.

(Section 6.)

“The Vice-Chancellor.

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 31

The West Bengal University Laws(Amendment) Act, 2011.

(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 upby appointment of a Vice-Chancellor in accordance with the provisions of sub-section(1) within a period of six months from the date of occurrence of the vacancy, and suchperiod shall be held to include any period for which a Vice-Chancellor is allowed tocontinue in office under clause (b) of sub-section (2), or a person is appointed by theChancellor in consultation with the Minister to exercise the powers and perform theduties of the Vice-Chancellor under sub-section (5).

(7) The Vice-Chancellor may be removed from his office by the Chancellor if heis satisfied that the incumbent,—

(a) has become insane and adjudged by a competent court to be of unsoundmind; or

(b) has become an undischarged insolvent and stands so declared by a competentCourt; or

(c) has been physically unfit and incapable of discharging function due toprotracted illness or physical disability ; or

(d) has wilfully omitted or refused to carry out the provisions of this Act orhas committed breach of any of the terms and conditions of the servicecontract or has abused or misused the powers vested in him or if thecontinuance in the office of the Vice-Chancellor is detrimental to theinterest of the University; or

(e) has been proved to be guilty of criminal breach of trust or criminalnegligence or gross financial irregularity or impropriety or grossnegligence of duty; or

(f) has shown incompetence to perform or has persistently made default inthe performance of the duties imposed on him by or under this Act; or

(g) has been convicted by a court for any offence within the concept andmeaning of the Code of Criminal Procedure, 1973; or

(h) is a member of, or otherwise associated with, any political party or acts inany partisan manner while in office.

Explanation.—For the purpose of this sub-clause, whether any party is a politicalparty or any association is a political association or any act of the Vice Chancellor ispartisan, decision of the Chancellor thereon shall be final:

Provided that the Vice-Chancellor shall be given a reasonable opportunity to showcause by the Chancellor before taking recourse for his removal under clauses (d), (e),(f), (g) and (h).".

(3) for section 17, the following section shall be substituted:—

17. (1) The Court shall consist of the following members:—

(a) Ex officio members—

(i) the Chancellor;

(ii) the Vice-Chancellor;

(iii) the Deans of Faculty Councils for Post-Graduate Studies;

(iv) the Secretary, Higher Education Department, Government of WestBengal or his nominee not below the rank of Joint Secretary to theGovernment of West Bengal;

(v) the Secretary, Finance Department, Government of West Bengalor his nominee not below the rank of Joint Secretary to theGovernment of West Bengal;

(Section 6.)

"The Court.

2 of 1974.

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32 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

(vi) the Chairman, West Bengal State Council of Higher Education orhis nominee;

(vii) the President, West Bengal Council of Higher Secondary Education;

(viii) the President, West Bengal Madrasah Education Board;

(ix) the President, West Bengal Board of Secondary Education;

(x) the Director of Public Instruction, West Bengal or his nominee notbelow the rank of Additional Director of Public Instruction;

(xi) a nominee of the Chairman of University Grants Commission;

(xii) a nominee of the Chairman of National Council for Teachers'Education;

(xiii) the Chairman of the College Service Commission or a member ofthe Commission as his nominee;

(b) Representatives of Departments and Colleges—

(xiv) Heads of Departments of the University;

(xv) five senior most Professors of Departments of the University to beselected by the Vice-Chancellor in alphabetical order of theDepartment, of whom not more than one Professor shall be fromthe same Department.

(xvi) Principals of affiliated Colleges, not more than ten, to be nominatedby the Vice-Chancellor of whom—

(I) one shall be from a Teacher's Training College;

(II) one shall be from a Law College;

(III) one shall be from other Professional College;

(IV) one shall be from Women's College;

(xvii) five teachers form the Council for undergraduate studies, of whomat least two shall belong to the rank of Associate Professor andothers shall be not below the rank of Assistant Professor, to beelected by the members of the Council from amongst themselvesin the manner as may be prescribed by the Statutes;

(xviii) one representative of officers of the University, to be elected fromamongst themselves in the manner as may be prescribed by theStatutes;

(xix) two representatives of non-teaching employees of whom—

(i) one from non-teaching employees of the University,

(ii) one from non-teaching employees of the affiliated colleges ofthe University,

to be elected from amongst themselves in the manner as may beprescribed by the Statutes;

(c) Nominated Members—

(xx) not more than five persons to be nominated by the Chancellorfrom amongst the persons interested in University education:

Provided that no employee of the University or of a Collegeor Institution affiliated with the University or recognised by itshall be eligible to be a member;

(d) Special Invitee—

(xxi) any official or expert in any field or eminent educationist, whomthe University may require for advice, consultation or assistance,may be invited to attend the meeting:

(Section 6.)

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 33

The West Bengal University Laws(Amendment) Act, 2011.

Provided that not more than one official or expert or eminenteducationist may be invited in a meeting at a time.

(2) A member of the Court shall hold office for a period of four years, if notexpressly provided otherwise in sub-section (1). Any vacancy among the members ofthe Court shall be filled up immediately by the concerned authority.

(3) No act or proceedings of the Court or of any body constituted by the Courtshall be invalid or called in question by reason of the existence of any vacancy, initialor subsequent, in the Court or in any body constituted by the Court, as the case maybe.";

(4) for section 20, the following section shall be substituted:—

20. (1) The Executive Council shall consist of the followingmembers :—

(a) Ex officio Members—

(i) the Vice-Chancellor;

(ii) Secretary of Higher Education Department or his nominee notbelow the rank of Joint Secretary;

(iii) Secretary of Finance Department or his nominee not below therank of Joint Secretary;

(iv) Chairman of West Bengal State Council of Higher Education orhis nominee;

(v) Director of Public Instruction or his nominee not below the rankof Additional Director of Public Instruction;

(vi) the Deans of Faculty Councils for Post-Graduate Studies;

(vii) Principals of affiliated Colleges, not more than seven, to benominated by the Vice-Chancellor of whom—

(I) one shall be from a Teachers’ Training College;

(II) one shall be from a Law College;

(III) one shall be from other Professional College;

(IV) one shall be from Women's College;

(b) Other Members—

(viii) three Heads of Departments, by rotation for one year inalphabetical order of the Department, to be selected by the Vice-Chancellor;

(ix) seven teachers from the faculty council for Post-Graduate studiesof whom four shall be Professors, two shall be AssociateProfessors and one shall be Assistant Professor and they shall beelected by the members of the faculty council from amongstthemselves in the manner as may be prescribed by Statutes;

(x) five Teachers of whom atleast two shall belong to the rank ofAssociate Professor and Others shall be not below the rank ofAssisstant Professor from the council for under-graduate studiesto be elected by the members of the Council from amongstthemselves in the manner as may be prescribed by Statutes;

(xi) two persons nominated by the Chancellor interested in Universityeducation:

Provided that no employee of the University or of a College orInstitution affiliated with the University or recognized by itshall be eligible to be a member.

(Section 6.)

"The ExecutiveCouncil.

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34 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

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(2) A member of the Executive Council shall hold office for a period of fouryears, if not expressely provided otherwise in sub-section (1). Any vacancy among themembers of the Executive Council shall be filled up immediately by the concernedauthority.

(3) No act or proceedings of the Executive Council or of any body constituted bythe Executive Council shall be invalid or called in question by reason of the existenceof any vacancy, initial or subsequent, in the Executive Council or in any body constitutedby the Executive Council, as the case may be.

(4) One-third of the total number of members shall be a quorum for a meeting ofthe Executive Council.";

(5) in section 21, in clause (x), the word “Teachers”, wherever it occurs, shallbe omitted.;

(6) in section 22,—(i) in sub-section (2),—

(a) after clasue (iv), the following clause shall be inserted:—"(iva) the Librarian of the University, if the post is vacant

then the person acting as Librarian of the University incase of Faculty Council for Post-Graduate studies inArts and Commerce;

(b) after clause (viii), the following clause shall be inserted:—"(ix) one student representative pursuing Post-Graduate

studies in the University and one research scholarpursuing research in the University to be elected byPost-Graduate students and research scholars,respectively, from amongst themselves in the manneras may be prescribed by the Statutes";

(ii) in sub-section (3), after clause (viii), the following clause shall beinserted:—

"(ix) one student representative pursuing Post-Graduatestudies in the University and one research scholarpursuing research in the University to be elected bypost graduate students and research scholars,respectively, from amongst themselves in the manneras may be prescribed by the Statutes";

(7) in section 23A,—(a) in sub-section (2), after clause (f), the following clause shall be

inserted:—"(g) three student representatives pursuing Undergraduate studies

in different streams of education in the affiliated colleges ofthe University to be elected by such students from amongstthemselves in the manner as may be prescribed by the Statutes:

Provided that no two student representatives shall be electedfrom the same stream of education.";

(8) for section 27, the following section shall be substituted:—

27. (1) A University Professor or a University Associate Professoror a University Assistant Professor shall be appointed by the Vice-Chancellor, on the recommendation of a Selection Committee, and

the constitution of such Selection Committee as well as the procedure for holding itsmeetings shall be in consonance with the University Grants Commission Regulationsand Recruitment Rules framed by the State Government from time to time.

(2) Notwithstanding anything contrary to the provisions of University GrantsCommission Regulations, the nominee of the Vice-Chancellor shall be the head of theSelection Committee, which shall send its recommendations in writing to the Vice-Chancellor alongwith reasoned record of assessment of the persons appeared before itfor selection.";

(Section 7.)

“SelectionCommittee forTeaching Posts.

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The West Bengal University Laws(Amendment) Act, 2011.

(9) for section 28, the following section shall be substituted:—28. (1) At least four members, including two outside subject

experts, shall constitute the quorum for a meeting of the SelectionCommittee.

(2) If the Vice-Chancellor does not accept the recommendation of a SelectionCommittee, it shall refer the recommendation back to the Selection Committee withreasons for reconsideration and if the Vice-Chancellor does not accept the reconsideredviews of the Selection Committee, the matter shall be referred to the Chancellor withreasons and the decision of the Chancellor shall be final.".

7. In the West Bengal State University (Barasat, North 24-Parganas) Act, 2007,—

(1) in section 2,—

(i) after clause (19), the following clause shall be inserted:—

‘(19a) “State Government” means the Government of West Bengalin the Higher Education Department;’;

(ii) in clause (22), for the words "a Professor, Reader, Principal,Lecturer,", the words "a Principal, Professor, Associate Professor,Reader, Assistant Professor," shall be substituted;

(iii) for clause (23), the following clause shall be substituted:—

‘(23) “Teacher of the University” means a Professor, AssociateProfessor, Assistant Professor, or any other person, holding a teachingpost including a part time teaching post, appointed or recognized assuch by the University;’;

(iv) clause (27) shall be omitted;

(2) for section 9, the following section shall be substituted:—

9. (1) (a) The Vice-Chancellor shall be appointed from thepersons of the highest level of competence, integrity, morals andinstitutional commitment. The Vice-Chancellor shall be a distinguished

academic with a minimum of ten years of experience in a University system of whichatleast 5 years shall be as professor or ten years of experience in a reputed research oracademic administrative organisation of which at least 5 years shall be in an equivalentposition of professor.

(b) The Vice-Chancellor shall be appointed by the Chancellor out of the panel ofthree names recommended in order of preference by the Search Committee constitutedby the State Government. While preparing the panel, the Search Committee must giveproper weightage to academic excellence, exposure to the higher education system inthe country and abroad and adequate experience in academic and administrativegovernance and reflect the same in writing while submitting the panel to the Chancellor.

(c) The Search Committee shall consist of the following Members:—

(i) a nominee of the Chancellor, who shall be the Chairperson of theCommittee;

(ii) a nominee of the Chairman, University Grants Commission;

(iii) a nominee of the Court:

Provided that all such Members shall be persons of eminence in thesphere of higher education and shall not be connected in any manner withthe University or colleges or institutions affiliated with the University orrecognised by it.

(Section 7.)

Amendment ofWest Ben. ActXXVIII of 2007.

“The Vice-Chancellor.

“Procedure forholding meetingof SelectionCommittee.

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36 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

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(2) (a) The Vice-chancellor shall hold office for a term of four years or till heattains the age of sixty-five years, whichever is earlier, and shall be eligible for re-appointment for another term of four years or till he attains the age of sixty-five years,whichever is earlier, following the provisions of sub-section (1).

(b) The Chancellor may, notwithstanding the expiration of the term of the officeof the Vice-Chancellor or his attaining the age of sixty-five years, allow him to continuein office till a successor assumes office, provided that he shall not continue as such forany period exceeding six months.

(3) The Vice-Chancellor shall be a whole-time officer of the University and shallbe paid from the University Fund such salary and allowances as the Chancellor maydecide in consultation with the State Government.

(4) The Vice-Chancellor may resign his office by writing under his hand addressedto 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 hisoffice, or

(b) a vacancy occurs in the office of the Vice-Chancellor by reason of death,resignation, removal, expiry of term of his office or otherwise,

then, during the period of such temporary inability or pending the appointment of aVice-Chancellor, as the case may be, the Chancellor in consultation with the Ministermay appoint a person to exercise the powers and perform the duties of the Vice-Chancellor.

(6) The vacancy in the office of the Vice-Chancellor occurring by reason of death,resignation or expiry of the term of his office, removal or otherwise shall be filled upby appointment of a Vice-Chancellor in accordance with the provisions of sub-section(1) within a period of six months from the date of occurrence of the vacancy, and suchperiod shall be held to include any period for which a Vice-Chancellor is allowed tocontinue in office under clause (b) of sub-section (2), or a person is appointed by theChancellor in consultation with the Minister to exercise the powers and perform theduties of the Vice-Chancellor under sub-section (5).

(7) The Vice-Chancellor may be removed from his office by the Chancellor if heis satisfied that the incumbent,—

(a) has become insane and adjudged by a competent court to be of unsoundmind; or

(b) has become an undischarged insolvent and stands so declared by a competentCourt; or

(c) has been physically unfit and incapable of discharging function due toprotracted illness or physical disability ; or

(d) has wilfully omitted or refused to carry out the provisions of this Act orhas committed breach of any of the terms and conditions of the servicecontract or has abused or misused the powers vested in him or if thecontinuance in the office of the Vice-Chancellor is detrimental to theinterest of the University; or

(e) has been proved to be guilty of criminal breach of trust or criminalnegligence or gross financial irregularity or impropriety or grossnegligence of duty; or

(Section 7.)

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The West Bengal University Laws(Amendment) Act, 2011.

(f) has shown incompetence to perform or has persistently made default inthe performance of the duties imposed on him by or under this Act; or

(g) has been convicted by a court for any offence within the concept andmeaning of the Code of Criminal Procedure, 1973; or

(h) is a member of, or otherwise associated with, any political party or acts inany partisan manner while in office.

Explanation.— For the purpose of this sub-clause, whether any party is a politicalparty or any association is a political association or any act of the Vice-Chancellor ispartisan, decision of the Chancellor thereon shall be final:

Provided that the Vice-Chancellor shall be given a reasonable opportunity to showcause by the Chancellor before taking recourse for his removal under clauses (d), (e),(f), (g) and (h).";

(3) for section 17, the following section shall be substituted:—

17. (1) The Court shall consist of the following members:—

(a) Ex officio members—

(i) the Chancellor;

(ii) the Vice-Chancellor;

(iii) the Deans of Faculty Councils for Post-Graduate Studies;

(iv) the Secretary, Higher Education Department, Government of WestBengal or his nominee not below the rank of Joint Secretary to theGovernment of West Bengal;

(v) the Secretary, Finance Department, Government of West Bengalor his nominee not below the rank of Joint Secretary to theGovernment of West Bengal;

(vi) the Chairman, West Bengal State Council of Higher Education orhis nominee;

(vii) the President, West Bengal Council of Higher Secondary Education;

(viii) the President, West Bengal Madrasah Education Board;

(ix) the President, West Bengal Board of Secondary Education;

(x) the Director of Public Instruction, West Bengal, or his nomineenot below the rank of Additional Director of Public Instruction;

(xi) a nominee of the Chairman of University Grants Commission;

(xii) a nominee of the Chairman of National Council for Teachers'Education;

(xiii) the Chairman of the College Service Commission or a member ofthe Commission as his nominee;

(b) Representatives of Departments and Colleges—

(xiv) Heads of Departments of the University;

(xv) five senior most Professors of Departments of the University to beselected by the Vice-Chancellor in alphabetical order of theDepartment, of whom not more than one Professor shall be fromthe same Department;

(xvi) Principals of affiliated Colleges, not more than ten, to be nominatedby the Vice-Chancellor of whom—

(Section 7.)

"The Court.

2 of 1974.

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38 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

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(I) one shall be from a Teachers’ Training College;

(II) one shall be from a Law College;

(III) one shall be from other Professional College;

(IV) one shall be from Women's College;

(V) one shall be from Government College;

(xvii) five teachers form the Council for Undergraduate studies, of whomat least two shall belong to the rank of Associate Professor andothers shall be not below the rank of Assistant Professor, to beelected by the members of the Council from amongst themselvesin the manner as may be prescribed by the Statutes;

(xviii) one representative of Officers of the University, to be elected fromamongst themselves in the manner as may be prescribed by theStatutes;

(xix) two representatives of non-teaching employees of whom—

(i) one from non-teaching employees of the University,

(ii) one from non-teaching employees of the affiliated colleges ofthe University,

to be elected from amongst themselves in the manner as may be prescribed by theStatutes;

(c) Nominated Members—

(xx) not more than five persons to be nominated by the Chancellor fromamongst the persons interested in University education:

Provided that no employee of the University or of a College orInstitution affiliated with the University or recognised by it shallbe elegible to be a member;

(d) Special Invitee—

(xxi) any official or expert in any field or eminent educationist, whomthe Vice-Chancellor may require for advice, consultation orassistance, may be invited to attend the meeting:

Provided that not more than one official or expert or eminenteducationist may be invited in a meeting at a time.

(2) A member of the Court shall hold office for a period of four years, if notexpressly provided otherwise in sub-section (1). Any vacancy among the members ofthe Court shall be filled up immediately by the concerned authority.

(3) No act or proceedings of the Court or of any body constituted by the Courtshall be invalid or called in question by reason of the existence of any vacancy, initialor subsequent, in the Court or in any body constituted by the Court, as the case maybe.";

(4) for section 20, the following section shall be substituted:—

20. (1) The Executive Council shall consist of the followingmembers:—

(a) Ex officio Members—(i) the Vice-Chancellor;

(ii) Secretary of Higher Education Department or his nominee not below therank of Joint Secretary;

(iii) Secretary of Finance Department or his nominee not below the rank ofJoint Secretary;

" The ExecutiveCouncil.

(Section 7.)

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 39

The West Bengal University Laws(Amendment) Act, 2011.

(iv) Chairman of West Bengal State Council of Higher Education or hisnominee;

(v) Director of Public Instruction or his nominee not below the rank ofAdditional Director of Public Instruction;

(vi) the Deans of Faculty Councils for Post-Graduate Studies,

(vii) Principals of affiliating Colleges, not more than seven, to be nominatedby the Vice-Chancellor of whom—

(I) one shall be from a Teachers’ Training College;

(II) one shall be from a Law College;

(III) one shall be from other Professional College;

(IV) one shall be from Women's College;

(V) one shall be from Government College;

(b) Other Members—

(viii) three Heads of Departments, by rotation for one year in alphabetical orderof the Department, to be selected by the Vice-Chancellor;

(ix) seven teachers from the faculty council for Post-Graduate studies of whomfour shall be Professors, two shall be Associate Professors and one shallbe Assistant Professor and they shall be elected by the members of thefaculty council from amongst themselves in the manner as may beprescribed by Statutes;

(x) five Teachers of whom atleast two shall belong to the rank of AssociateProfessor and Others shall be not below the rank of Assisstant Professorfrom the Council for Undergraduate studies, to be elected by the membersof the Council from amongst themselves in the manner as may beprescribed by Statutes;

(xi) two persons nominated by the Chancellor interested in University education:

Provided that no employee of the University or of a College or Institutionaffiliated with the University or recognised by it shall be eligible to be amember.

(2) A member of the Executive Council shall hold office for a period of fouryears, if not expressely provided otherwise in sub-section (1). Any vacancy among themembers of the Executive Council shall be filled up immediately by the concernedauthority.

(3) No act or proceedings of the Executive Council or of any body constituted bythe Executive Council shall be invalid or called in question by reason of the existenceof any vacancy, initial or subsequent, in the Executive Council or in any body constitutedby the Executive Council, as the case may be.

(4) One-third of the total number of members shall be a quorum for a meeting ofthe Executive Council.";

(5) in section 21, in clause (ix), the word “Teachers”, wherever it occurs, shall beomitted.;

(6) in section 22,—(i) in sub-section (2),—

(a) after clasue (iv), the following clause shall be inserted:—“(iva) the Librarian of the University, if the post is vacant then the

person acting as Librarian of the University in the case of theFaculty Council for Post-Graduate Studies in Arts;

(Section 7.)

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40 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

(b) after clause (vii), the following clause shall be inserted:—

“(viii) one student representative pursuing Post-Graduate studiesin the University and one research scholar pursuing researchin the University to be elected by Post-Graduate studentsand research scholars respectively from amongst themselvesin the manner as may be prescribed in the Statutes";

(7) in section 24, in sub-section (2), after clause (vi), the following clauseshall be inserted:—

"(vii) three student representatives pursuing Undergraduate studiesin different streams of education in the affiliated colleges ofthe University to be elected by such students from amongstthemselves in the manner as may be prescribed by the Statutes:

Provided that no two student representatives shall be electedfrom the same stream of education.";

(8) for section 29, the following section shall be substituted:—

29. (1) A University Professor or a University Associate Professoror a University Assistant Professor shall be appointed by the Vice-

Chancellor, on the recommendation of a Selection Committee, and the constitution ofsuch Selection Committee as well as the procedure for holding its meetings shall be inconsonance with the University Grants Commission Regulations and Recruitment Rulesframed by the State Government from time to time.

(2) Notwithstanding anything contrary to the provisions of University GrantsCommission Regulations, the nominee of the Vice-Chancellor shall be the head of theSelection Committee, which shall send its recommendations in writing to the Vice-Chancellor alongwith reasoned record of assessment of the persons appeared before itfor selection.";

(9) for section 30, the following section shall be substituted:—

30. (1) At least four members, including two outside subjectexperts, shall constitute the quorum for a meeting of the SelectionCommittee.

(2) If the Vice-Chancellor does not accept the recommendation of a SelectionCommittee, it shall refer the recommendation back to the Selection Committee withreasons for reconsideration and if the Vice-Chancellor does not accept the reconsideredviews of the Selection Committee, the matter shall be referred to the Chancellor withreasons and the decision of the Chancellor shall be final.".

8. In the Gour Banga University Act, 2007,—

(1) in section 2,—

(i) after clause (20), the following clause shall be inserted:—

‘(20a) "State Government" means the Government of West Bengalin the Higher Education Department;’.

(ii) in clause (23), for the words "a Professor, Reader, Principal,Lecturer,", the words "a Principal, Professor, Associate Professor,Reader, Assistant Professor," shall be substituted;

(iii) for clause (24), the following clause shall be substituted:—

‘(24) “Teacher of the University” means a Professor, AssociateProfessor, Assistant Professor, or any other person, holdinga teaching post including a part time teaching post, appointedor recognized as such by the University;’;

(Section 8.)

“SelectionCommittee forTeaching Posts.

Amendment ofWest Ben. ActXXVI of 2007.

“Procedure forholding meetingof SelectionCommittee.

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 41

The West Bengal University Laws(Amendment) Act, 2011.

(iv) clause (28) shall be omitted;

(2) for section 9, the following section shall be substituted:—

9. (1) (a) The Vice-Chancellor shall be appointed from the personsof the highest level of competence, integrity, morals and institutional

commitment. The Vice-Chancellor shall be a distinguished academic with a minimumof ten years of experience in a University system of which atleast 5 years shall be asprofessor or ten years of experience in a reputed research or academic administrativeorganisation of which atleast 5 years shall be in an equivalent position of professor.

(b) The Vice-Chancellor shall be appointed by the Chancellor out of the panel ofthree names recommended in order of preference by the Search Committee constitutedby the State Government. While preparing the panel, the Search Committee must giveproper weightage to academic excellence, exposure to the higher education system inthe country and abroad and adequate experience in academic and administrativegovernance and reflect the same in writing while submitting the panel to the Chancellor.

(c) The Search Committee shall consist of the following Members:—

(i) a nominee of the Chancellor, who shall be the Chairperson of theCommittee;

(ii) a nominee of the Chairman, University Grants Commission;

(iii) a nominee of the Court:

Provided that all such Members shall be persons of eminence in thesphere of higher education and shall not be connected in any manner withthe University or colleges or institutions affiliated with the University orrecognised by it.

(2) (a) The Vice-chancellor shall hold office for a term of four years or till heattains the age of sixty-five years, whichever is earlier, and shall be eligible for re-appointment for another term of four years or till he attains the age of sixty-five years,whichever is earlier, following the provisions of sub-section (1).

(b) The Chancellor may, notwithstanding the expiration of the term of the officeof the Vice-Chancellor or his attaining the age of sixty-five years, allow him to continuein office till a successor assumes office, provided that he shall not continue as such forany period exceeding six months.

(3) The Vice-Chancellor shall be a whole-time officer of the University and shallbe paid from the University Fund such salary and allowances as the Chancellor maydecide in consultation with the State Government.

(4) The Vice-Chancellor may resign his office by writing under his hand addressedto 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 hisoffice, or

(b) a vacancy occurs in the office of the Vice-Chancellor by reason of death,resignation, removable, expiry of term of his office or otherwise,

then, during the period of such temporary inability or pending the appointment of aVice-Chancellor, as the case may be, the Chancellor in consultation with the Ministermay appoint a person to exercise the powers and perform the duties of the Vice-Chancellor.

(6) The vacancy in the office of the Vice-Chancellor occurring by reason of death,resignation or expiry of the term of his office, removal or otherwise shall be filled upby appointment of a Vice-Chancellor in accordance with the provisions of sub-section

(Section 8.)

“The Vice-Chancellor.

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42 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

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(1) within a period of six months from the date of occurrence of the vacancy, and suchperiod shall be held to include any period for which a Vice-Chancellor is allowed tocontinue in office under clause (b) of sub-section (2), or a person is appointed by theChancellor in consultation with the Minister to exercise the powers and perform theduties of the Vice-Chancellor under sub-section (5).

(7) The Vice-Chancellor may be removed from his office by the Chancellor if heis satisfied that the incumbent,—

(a) has become insane and adjudged by a competent court to be of unsoundmind; or

(b) has become an undischarged insolvent and stands so declared by a competentCourt; or

(c) has been physically unfit and incapable of discharging function due toprotracted illness or physical disability ; or

(d) has willfully omitted or refused to carry out the provisions of this Act orhas committed breach of any of the terms and conditions of the servicecontract or has abused or misused the powers vested in him or if thecontinuance in the office of the Vice-Chancellor is detrimental to theinterest of the University; or

(e) has been proved to be guilty of criminal breach of trust or criminalnegligence or gross financial irregularity or impropriety or grossnegligence of duty; or

(f) has shown incompetence to perform or has persistently made default inthe performance of the duties imposed on him by or under this Act; or

(g) has been convicted by a court for any offence within the concept andmeaning of the Code of Criminal Procedure, 1973; or

(h) is a member of, or otherwise associated with, any political party or acts inany partisan manner while in office.

Explanation.—For the purpose of this sub-clause, whether any party is a politicalparty or any association is a political association or any act of the Vice-Chancellor ispartisan, decision of the Chancellor thereon shall be final:

Provided that the Vice-Chancellor shall be given a reasonable opportunity to showcause by the Chancellor before taking recourse for his removal under clauses (d), (e),(f), (g) and (h).".

(3) for section 17, the following section shall be substituted:—

17. (1) The Court shall consist of the following members:—

(a) Ex officio members—

(i) the Chancellor;

(ii) the Vice-Chancellor;

(iii) the Deans of Faculty Councils for Post-Graduate Studies;

(iv) the Secretary, Higher Education Department, Government of West Bengalor his nominee not below the rank of Joint Secretary to the Governmentof West Bengal;

(v) the Secretary, Finance Department, Government of West Bengal or hisnominee not below the rank of Joint Secretary to the Government of WestBengal;

(vi) the Chairman, West Bengal State Council of Higher Education or hisnominee;

(vii) the President, West Bengal Council of Higher Secondary Education;

(Section 8.)

"The Court.

2 of 1974.

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The West Bengal University Laws(Amendment) Act, 2011.

(viii) the President, West Bengal Madrasah Education Board;

(ix) the President, West Bengal Board of Secondary Education;

(x) the Director of Public Instruction, West Bengal or his nominee not belowthe rank of Additional Director of Public Instruction ;

(xi) a nominee of the Chairman of University Grants Commission;

(xii) a nominee of the Chairman of National Council for Teachers' Education;

(xiii) the Chairman of the College Service Commission or a member of theCommission as his nominee.

(b) Representatives of Departments and Colleges—

(xiv) Heads of Departments of the University;

(xv) five senior most Professors of Departments of the University to be selectedby the Vice-Chancellor in alphabetical order of the Department, of whomnot more than one Professor shall be from the same Department.

(xvi) Principals of affiliated Colleges, not more than ten, to be nominated bythe Vice-Chancellor of whom—

(I) one shall be from a Teachers’ Training College;

(II) one shall be from a Law College;

(III) one shall be from other Professional College;

(IV) one shall be from Women's College;

(xvii) five teachers from the Council for Undergraduate studies, of whom atleast two shall belong the rank of Associate Professor and others shall benot below the rank of Assistant Professor, to be elected by the membersof the Council from amongst themselves in the manner as may beprescribed by the Statutes;

(xviii) one representative of officers of the University, to be elected from amongstthemselves in the manner as may be prescribed by the Statutes;

(xix) two representatives of non-teaching employees of whom—

(i) one from non-teaching employees of the University,

(ii) one from non-teaching employees of the affiliated colleges of theUniversity,

to be elected from amongst themselves in the manner as may be prescribed by theStatutes.

(c) Nominated Members—

(xx) not more than five persons to be nominated by the Chancellor from amongstthe persons interested in University education:

Provided that no employee of the University or of a College or Institutionaffiliated with the University or recognised by it shall be eligible to be amember;

(d) Special Invitee—

(xxi) any official or expert in any field or eminent educationist, whom theVice-Chancellor may require for advice, consultation or assistance, maybe invited to attend the meeting :

Provided that not more than one official or expert or eminent educationistmay be invited in a meeting at a time.

(2) A member of the Court shall hold office for a period of four years, if notexpressly provided otherwise in sub-section (1). Any vacancy among the members ofthe Court shall be filled up immediately by the concerned authority.

(Section 8.)

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(3) No act or proceedings of the Court or of any body constituted by the Courtshall be invalid or called in question by reason of the existence of any vacancy, initialor subsequent, in the Court or in any body constituted by the Court, as the case maybe.";

(4) for section 20, the following section shall be substituted:—

20. (1) The Executive Council shall consist of the followingmembers:—

(a) Ex officio Members—

(i) the Vice-Chancellor;

(ii) Secretary of Higher Education Department or his nominee not below therank of Joint Secretary;

(iii) Secretary of Finance Department or his nominee not below the rank ofJoint Secretary;

(iv) Chairman of West Bengal State Council of Higher Education or hisnominee;

(v) Director of Public Instruction or his nominee not below the rank ofAdditional Director of Public Instruction;

(vi) the Deans of Faculty Councils for Post-Graduate Studies;

(vii) Principals of affiliating Colleges, not more than seven, selected by rotationfor a term of one year, by the Undergraduate Council of whom—

(I) one shall be from a Teachers’ Training College;

(II) one shall be from a Law College;

(III) one shall be from other Professional College;

(IV) one shall be from Women's College;

(b) Other Members—

(viii) three Heads of Departments, by rotation for one year in alphabetical orderof the Department, to be selected by the Vice-Chancellor;

(ix) seven teachers from the faculty council for Post-Graduate studies ofwhom four shall be Professors, two shall be Associate Professors andone shall be Assistant Professor and they shall be elected by the membersof the faculty council from amongst themselves in the manner as may beprescribed by statutes;

(x) five Teachers of whom atleast two shall belong to the rank of AssociateProfessor and Others shall be not below the rank of Assisstant Professorfrom the Council for Undergraduate studies, to be elected by the membersof the Council from amongst themselves in the manner as may beprescribed by Statutes;

(xi) two persons nominated by the Chancellor, interested in Universityeducation:

Provided that no employee of the University or of a College or Institutionaffiliated with the University or recognised by it shall be eligible to be amember.

(2) A member of the Executive Council shall hold office for a period of fouryears, if not expressly provided otherwise in sub-section (1). Any vacancy among themembers of the Executive Council shall be filled up immediately by the concernedauthority.

(Section 8.)

"The ExecutiveCouncil.

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The West Bengal University Laws(Amendment) Act, 2011.

(3) No act or proceedings of the Executive Council or of any body constituted bythe Executive Council shall be invalid or called in question by reason of the existenceof any vacancy, initial or subsequent, in the Executive Council or in any body constitutedby the Executive Council, as the case may be.

(4) One-third of the total number of members shall be a quorum for a meeting ofthe Executive Council.";

(5) in section 21, in clause (x), the word “Teachers”, wherever it occurs, shallbe omitted.;

(6) in section 22,—(i) in sub-section (2),—

(a) after clasue (iii), the following clause shall be inserted:—"(iiia) the Librarian of the University, if the post is vacant

then the person acting as Librarian of the University inthe case of the Faculty Council for Post-Graduate Studiesin Humanities, Social Sciences and Commerce;”

(b) after clause (vi), the following clause shall be inserted:—“(vii) one student representative pursuing Post-Graduate

studies in the University and one research scholarpursuing research in the University to be elected bypost graduate students and research scholars respectivelyfrom amongst themselves in the manner as may beprescribed by the Statutes;";

(7) in section 24, in sub-section (2), after clause (vi), the following clauseshall be inserted:—

"(vii) three student representatives pursuing Undergraduate studies indifferent streams of education in the affiliated colleges of the Universityto be elected by such students from amongst themselves in the manner asmay be prescribed by the Statutes:

Provided that no two student representatives shall be elected from thesame stream of education.";

(8) for section 29, the following section shall be substituted:—29. (1) A University Professor or a University Associate Professor

or a University Assistant Professor shall be appointed by the Vice-Chancellor, on the recommendation of a Selection Committee, and

the constitution of such Selection Committee as well as the procedure for holding itsmeetings shall be in consonance with the University Grants Commission Regulationsand Recruitment Rules framed by the State Government from time to time.

(2) Notwithstanding anything contrary to the provisions of University GrantsCommission Regulations, the nominee of the Vice-Chancellor shall be the head of theSelection Committee, which shall send its recommendations in writing to the Vice-Chancellor alongwith reasoned record of assessment of the persons appeared before itfor selection.";

(9) for section 30, the following section shall be substituted:—30. (1) At least four members, inclduing two outside subject

experts, shall constitute the quorum for a meeting of the SelectionCommittee.

(2) If the Vice-Chancellor does not accept the recommendation of a SelectionCommittee, it shall refer the recommendation back to the Selection Committee withreasons for reconsideration and if the Vice-Chancellor does not accept the reconsideredviews of the Selection Committee, the matter shall be referred to the Chancellor withreasons and the decision of the Chancellor shall be final.".

9. In the Sidho-Kanho-Birsha University Act, 2010,—(1) in section 2,—

(i) in clause (25), for the words "a Professor, Principal, Reader,Lecturer", the words "a Principal, Professor, Associate Professor,Reader, Assistant Professor" shall be substituted;

(Section 9.)

“Procedure forholding meetingof SelectionCommittee.

“SelectionCommittee forTeaching Posts.

Amendment ofWest Ben. ActXII of 2010.

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46 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

(ii) for clause (26), the following clause shall be substituted:—

‘(26) “Teacher of the University” means a Professor, AssociateProfessor, Assistant Professor, or any other person, holdinga teaching post including a part time teaching post, appointedor recognized as such by the University;’;

(iii) clause (30) shall be omitted;

(2) for section 9, the following section shall be substituted:—

9. (1) (a) The Vice-Chancellor shall be appointed from the personsof the highest level of competence, integrity, morals and institutional

commitment. The Vice-Chancellor shall be a distinguished academic with a minimumof ten years of experience in a University system of which atleast 5 years shall be asprofessor or ten years of experience in a reputed research or academic administrativeorganisation of which atleast 5 years shall be in an equivalent position of professor.

(b) The Vice-Chancellor shall be appointed by the Chancellor out of the panel ofthree names recommended in order of preference by the Search Committee constitutedby the State Government. While preparing the panel, the Search Committee must giveproper weightage to academic excellence, exposure to the higher education system inthe country and abroad and adequate experience in academic and administrativegovernance and reflect the same in writing while submitting the panel to the Chancellor.

(c) The Search Committee shall consist of the following Members:—

(i) a nominee of the Chancellor, who shall be the Chairperson of theCommittee;

(ii) a nominee of the Chairman, University Grants Commission;

(iii) a nominee of the Court:

Provided that all such Members shall be persons of eminence in the sphere ofhigher education and shall not be connected in any manner with the University orcolleges or institutions affiliated with the University or recognised by it.

(2) (a) The Vice-chancellor shall hold office for a term of four years or till heattains the age of sixty-five years, whichever is earlier, and shall be eligible for re-appointment for another term of four years or till he attains the age of sixty-five years,whichever is earlier, following the provisions of sub-section (1).

(b) The Chancellor may, notwithstanding the expiration of the term of the officeof the Vice-Chancellor or his attaining the age of sixty-five years, allow him to continuein office till a successor assumes office, provided that he shall not continue as such forany period exceeding six months.

(3) The Vice-Chancellor shall be a whole-time officer of the University and shallbe paid from the University Fund such salary and allowances as the Chancellor maydecide in consultation with the State Government.

(4) The Vice-Chancellor may resign his office by writing under his hand addressedto 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 hisoffice, or

(Section 9.)

"The Vice-Chancellor.

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The West Bengal University Laws(Amendment) Act, 2011.

(b) a vacancy occurs in the office of the Vice-Chancellor by reason of death,resignation, removal, expiry of term of his office or otherwise,

then, during the period of such temporary inability or pending the appointment of aVice-Chancellor, as the case may be, the Chancellor in consultation with the Ministermay appoint a person to exercise the powers and perform the duties of the Vice-Chancellor.

(6) The vacancy in the office of the Vice-Chancellor occurring by reason of death,resignation or expiry of the term of his office, removal or otherwise shall be filled upby appointment of a Vice-Chancellor in accordance with the provisions of sub-section(1) within a period of six months from the date of occurrence of the vacancy, and suchperiod shall be held to include any period for which a Vice-Chancellor is allowed tocontinue in office under clause (b) of sub-section (2), or a person is appointed by theChancellor in consultation with the Minister to exercise the powers and perform theduties of the Vice-Chancellor under sub-section (5).

(7) The Vice-Chancellor may be removed from his office by the Chancellor if heis satisfied that the incumbent,—

(a) has become insane and adjudged by a competent court to be of unsoundmind; or

(b) has become an undischarged insolvent and stands so declared by a competentCourt; or

(c) has been physically unfit and incapable of discharging function due toprotracted illness or physical disability ; or

(d) has wilfully omitted or refused to carry out the provisions of this Act orhas committed breach of any of the terms and conditions of the servicecontract or has abused or misused the powers vested in him or if thecontinuance in the office of the Vice Chancellor is detrimental to theinterest of the University; or

(e) has been proved to be guilty of criminal breach of trust or criminalnegligence or gross financial irregularity or impropriety or grossnegligence of duty; or

(f) has shown incompetence to perform or has persistently made default inthe performance of the duties imposed on him by or under this Act; or

(g) has been convicted by a court for any offence within the concept andmeaning of the Code of Criminal Procedure, 1973; or

(h) is a member of, or otherwise associated with, any political party or acts inany partisan manner while in office.

Explanation.— For the purpose of this sub-clause, whether any party is a politicalparty or any association is a political association or any act of the Vice Chancellor ispartisan, decision of the Chancellor thereon shall be final:

Provided that the Vice-Chancellor shall be given a reasonable opportunity to showcause by the Chancellor before taking recourse for his removal under clauses (d), (e),(f), (g) and (h).".

(3) for section 17, the following section shall be substituted:—

17. (1) The Court shall consist of the following members:—

(a) Ex officio members—

(i) the Chancellor;

(ii) the Vice-Chancellor;

(iii) the Dean of Faculty Councils for Post-Graduate Studies;

(Section 9.)

"The Court.

2 of 1974.

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48 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

(iv) the Secretary, Higher Education Department, Government of West Bengalor his nominee not below the rank of Joint Secretary to the Governmentof West Bengal;

(v) the Secretary, Finance Department, Government of West Bengal or hisnominee not below the rank of Joint Secretary to the Government of WestBengal;

(vi) the Chairman, West Bengal State Council of Higher Education or hisnominee;

(vii) the President, West Bengal Council of Higher Secondary Education;

(viii) the President, West Bengal Madrasah Education Board;

(ix) the President, West Bengal Board of Secondary Education;

(x) the Director of Public Instruction, West Bengal or his nominee not belowthe rank of Additional Director of Public Instruction;

(xi) a nominee of the Chairman of University Grants Commission;

(xii) a nominee of the Chairman of National Council for Teachers' Education;

(xiii) the Chairman of the College Service Commission or a member of theCommission as his nominee.

(b) Representatives of Departments and Colleges—

(xiv) Heads of Departments of the University;

(xv) five senior most Professors of Departments of the University to be selectedby the Vice-Chancellor in alphabetical order of the Department, of whomnot more than one Professor shall be from the same Department.

(xvi) Principals of affiliated Colleges, not more than ten, to be nominated bythe Vice Chancellor of whom—

(I) one shall be from a Teacher's Training College;

(II) one shall be from a Law College;

(III) one shall be from other Professional College;

(IV) one shall be from Women's College;

(xvii) five teachers from the Council for undergraduate studies, of whom atleast two shall belong the rank of Associate Professor and others shall benot below the rank of Assistant Professor, to be elected by the membersof the Council from amongst themselves in the manner as may beprescribed by the Statutes;

(xviii) one representative of officers of the University, to be elected from amongstthemselves in the maneer as may be prescribed by the Statutes;

(xix) two representatives of non-teaching employees of whom—

(i) one from non-teaching employees of the University,

(ii) one from non-teaching employees of the affiliated colleges of theUniversity,

to be elected from amongst themselves in the manner as may be prescribed by theStatutes;

(c) Nominated Members—

(xx) not more than five persons to be nominated by the Chancellor from amongstthe persons interested in University education:

Provided that no employee of the University or of a College or institutionaffiliated with the University or recognised by it shall be eligible to be amember.

(Section 9.)

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The West Bengal University Laws(Amendment) Act, 2011.

(d) Special Invitee—

(xxi) any official or expert in any field or eminent educationist, whom theVice-Chancellor may require for advice, consultation or assistance, maybe invited to attend the meeting:

Provided that not more than one official or expert or eminent educationist may beinvited in a meeting at a time.

(2) A member of the Court shall hold office for a period of four years, if notexpressly provided otherwise in sub-section (1). Any vacancy among the members ofthe Court shall be filled up immediately by the concerned authority.

(3) No act or proceedings of the Court or of any body constituted by the Courtshall be invalid or called in question by reason of the existence of any vacancy, initialor subsequent, in the Court or in any body constituted by the Court, as the case maybe.";

(4) for section 20, the following section shall be substituted:—

20. (1) The Executive Council shall consist of the followingmembers:—

(a) Ex officio Members—

(i) the Vice Chancellor;

(ii) Secretary of Higher Education Department or his nominee not below therank of Joint Secretary;

(iii) Secretary of Finance Department or his nominee not below the rank ofJoint Secretary;

(iv) Chairman of West Bengal State Council of Higher Education or hisnominee;

(v) Director of Public Instruction or his nominee not below the rank ofAdditional Director of Public Instruction;

(vi) the Deans of Faculty Councils for Post-Graduate Studies;

(vii) Principals of affiliated Colleges, not more than seven, to be nominatedby the Vice Chancellor of whom—

(I) one shall be from a Teacher's Training College;

(II) one shall be from a Law College;

(III) one shall be from other Professional College;

(IV) one shall be from Women's College;

(b) Other Members—

(viii) three Heads of Departments, by rotation for one year in alphabetical orderof the Department, to be selected by the Vice-Chancellor;

(ix) seven teachers from the faculty council for Post-Graduate studies of whomfour shall be Professors, two shall be Associate Professors andone shall be Assistant Professor and they shall be elected by the membersof the faculty council from amongst themselves in the manner as may beprescribed by Statutes;

(x) five Teachers of whom atleast two shall belong to the rank of AssociateProfessor and others shall be not below the rank of Assisstant Professorfrom the Council for Undergraduate studies to be elected by the membersof the Council from amongst themselves in the manner as may beprescribed by Statutes;

(Section 9.)

"The Executive Council.

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50 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

(xi) two persons nominated by the Chancellor interested in University education:Provided that no employee of the University or of a College or Institution

affiliated with the University or recognised by it shall be eligible to be amember.

(2) A member of the Executive Council shall hold office for a period of fouryears, if not expressly provided otherwise in sub-section (1). Any vacancy among themembers of the Executive Council shall be filled up immediately by the concernedauthority.

(3) No act or proceedings of the Executive Council or of any body constituted bythe Executive Council shall be invalid or called in question by reason of the existenceof any vacancy, initial or subsequent, in the Executive Council or in any body constitutedby the Executive Council, as the case may be.

(4) One-third of the total number of members shall be a quorum for a meeting ofthe Executive Council.";

(5) in section 21, in clause (ix), the word “Teachers”, wherever it occurs shallbe omitted.;

(6) in section 22,—(i) in sub-section (2),—

(a) after clause (iv), the following clause shall be inserted:—“(iva) the Librarian of the University, if the post is vacant

then the person acting as Librarian of the University incase of Faculty Council for Post-Graduate studies inArts;”;

(b) after clause (vii), the following clause shall be inserted:—“(viii) one student representative pursuing Post-Graduate

studies in the University and one research scholarpursuing research in the University to be elected byPost-Graduate students and research scholars,respectively, from amongst themselves in the manneras may be prescribed by the Statutes.";

(7) in section 24,—(a) in sub-section (2), after clause (vi), the following clause shall be

inserted:—“(vii) three student representatives pursuing Undergraduate studies

in different streams of education in the affiliated colleges ofthe University to be elected by such students from amongstthemselves in the manner as may be prescribed by the Statutes:

Provided that no two student representatives shall be electedfrom the same stream of education.";

(b) in sub-section (3), after clause (v), the following clause shall beinserted:—“(vi) one student representative pursuing Undergraduate studies in

law in affiliated colleges of the University to be elected bysuch students from amongst themselves in the manner as maybe prescribed by the Statutes.";

(8) for section 29, the following section shall be substituted:—29. (1) A University Professor or a University Associate Professor

or a University Assistant Professor shall be appointed by the Vice-Chancellor, on the recommendation of a Selection Committee, and

the constitution of such Selection Committee as well as the procedure for holding itsmeetings shall be in consonance with the University Grants Commission Regulationsand Recruitment Rules framed by the State Government from time to time.

(2) Notwithstanding anything contrary to the provisions of University GrantsCommission Regulations, the nominee of the Vice-Chancellor shall be the head of theSelection Committee, which shall send its recommendations in writing to the Vice-Chancellor alongwith reasoned record of assessment of the persons appeared before itfor selection.";

(Section 9.)

"SelectionCommittee forTeaching Posts.

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 51

The West Bengal University Laws(Amendment) Act, 2011.

(9) for section 30, the following section shall be substituted:—

30. (1) At least four members, including two outside subjectexperts, shall constitute the quorum for a meeting of the SelectionCommittee.

(2) If the Vice-Chancellor does not accept the recommendation of a SelectionCommittee, it shall refer the recommendation back to the Selection Committee withreasons for reconsideration and if the Vice-Chancellor does not accept the reconsideredviews of the Selection Committee, the matter shall be referred to the Chancellor withreasons and the decision of the Chancellor shall be final.".

10. In the Jadavpur University Act, 1981,—(1) in section 2,—

(i) after clause (16), the following clause shall be inserted:—‘(16a) “State Government” means the Government of West Bengal

in the Higher Education Department;’;(ii) in clause (19), for the words "a Professor, Reader, Principal,

Lecturer,", the words "a Principal, Professor, Associate Professor,Reader, Assistant Professor" shall be substituted;

(2) for section 9, the following section shall be substituted:—

9. (1) (a) The Vice-Chancellor shall be appointed from the personsof the highest level of competence, integrity, morals and institutional

commitment. The Vice Chancellor shall be a distinguished academic with a minimumof ten years of experience in a University system of which at least 5 years shall be asProfessor or ten years of experience in a reputed research or academic administrativeorganization of which at least 5 years shall be in an equivalent position of Professor.

(b) The Vice Chancellor shall be appointed by the Chancellor out of the panel ofthree names recommended in order of preference by the Search Committee constitutedby the State Government. While preparing the panel, the Search Committee must giveproper weightage to academic excellence, exposure to the higher education system inthe country and abroad and adequate experience in academic and administrativegovernance and reflect the same in writing while submitting the panel to the Chancellor.

(c) The Search Committee shall consist of the following Members:—

(i) a nominee of the Chancellor, who shall be the Chairperson of theCommittee;

(ii) a nominee of the Chairman, University Grants Commission;

(iii) a nominee of the Court:

Provided that all such Members shall be persons of eminence in the sphere ofhigher education and shall not be connected in any manner with the University orcolleges or institutions affiliated with the University or recognised by it.

(2) (a) The Vice-chancellor shall hold office for a term of four years or till heattains the age of sixty-five years, whichever is earlier, and shall be eligible for re-appointment for another term of four years or till he attains the age of sixty-five years,whichever is earlier, following the provisions of sub-section (1).

(b) The Chancellor may, notwithstanding the expiration of the term of the officeof the Vice-Chancellor or his attaining the age of sixty-five years, allow him to continuein office till a successor assumes office, provided that he shall not continue as such forany period exceeding six months.

(3) The Vice-Chancellor shall be a whole-time officer of the University and shallbe paid from the University Fund such salary and allowances as the Chancellor maydecide in consultation with the State Government.

(Section 10.)

Amendment ofWest Ben. ActXXIV of 1981.

"Procedure forholding meetingof the SelectionCommittee.

“The Vice-Chancellor.

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(4) The Vice-Chancellor may resign his office by writing under his hand addressedto 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 hisoffice, or

(b) a vacancy occurs in the office of the Vice-Chancellor by reason of death,resignation, removal, expiry of term of his office or otherwise,

then, during the period of such temporary inability or pending the appointment of aVice-Chancellor, as the case may be, the Chancellor in consultation with the Ministermay appoint a person to exercise the powers and perform the duties of the Vice-Chancellor.

(6) The vacancy in the office of the Vice-Chancellor occurring by reason of death,resignation, expiry of the term of his office, removal or otherwise shall be filled up byappointment of a Vice-Chancellor in accordance with the provisions of sub-section (1)within a period of six months from the date of occurrence of the vacancy, and suchperiod shall be held to include any period for which a Vice-Chancellor is allowed tocontinue in office under clause (b) of sub-section (2), or a person is appointed by theChancellor in consultation with the Minister to exercise the powers and perform theduties of the Vice-Chancellor under sub-section (5).

(7) The Vice-Chancellor may be removed from his office by the Chancellor if heis satisfied that the incumbent,—

(a) has become insane and adjudged by a competent court to be of unsoundmind; or

(b) has become an undischarged insolvent and stands so declared by a competentCourt; or

(c) has been physically unfit and incapable of discharging function due toprotracted illness or physical disability ; or

(d) has wilfully omitted or refused to carry out the provisions of this Act orhas committed breach of any of the terms and conditions of the servicecontract or has abused or misused the powers vested in him or if thecontinuance in the office of the Vice Chancellor is detrimental to theinterest of the University; or

(e) has been proved to be guilty of criminal breach of trust or criminalnegligence or gross financial irregularity or impropriety or grossnegligence of duty; or

(f) has shown incompetence to perform or has persistently made default inthe performance of the duties imposed on him by or under this Act; or

(g) has been convicted by a court for any offence within the concept andmeaning of the Code of Criminal Procedure, 1973; or

(h) is a member of, or otherwise associated with, any political party or acts inany partisan manner while in office.

Explanation.—For the purpose of this sub-clause, whether any party is a politicalparty or any association is a political association or any act of the Vice Chancellor ispartisan, decision of the Chancellor thereon shall be final:

Provided that the Vice-Chancellor shall be given a reasonable opportunity to showcause by the Chancellor before taking recourse for his removal under clauses (d), (e),(f), (g) and (h).".

(Section 10.)

2 of 1974.

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 53

The West Bengal University Laws(Amendment) Act, 2011.

(3) for section 10A, the following sub-section shall be substituted:—

10A.(1) (a) The Pro-Vice-Chancellor shall be appointed from thepersons of the highest level of competence, integrity, morals and

institutional commitment. The Pro-Vice Chancellor shall be a distinguished academicwith a minimum of ten years of experience in a University system of which at least 5years shall be as Professor or ten years of experience in a reputed research or academicadministrative organization of which at least 5 years shall be in an equivalent positionof Professor.

(b) The Pro-Vice-Chancellor shall be appointed by the Chancellor in consultationwith the Minister. The term of his office shall be for four years and he shall be eligiblefor re-appointment for a period not exceeding four years but shall not hold officebeyond the age of sixty-five years.

(2) The Pro-Vice-Chancellor shall be a whole-time officer of the University andshall be paid from the University Fund such salary and allowances as the Chancellormay decide in consultation with the State Government.

(3) The Pro-Vice-Chancellor may resign his office by writing under his handaddressed to the Chancellor.

(4) If—

(c) the Pro-Vice-Chancellor is, by reason of leave, illness or other cause,temporarily unable to exercise the powers and perform the duties of hisoffice, or

(d) a vacancy occurs in the office of the Pro-Vice-Chancellor by reason ofdeath, resignation or expiry of the term of his office, removal or otherwise,

then, during the peirod of such temporary inability or pending the appointment of aPro-Vice-Chancellor, as the case may be, the Chancellor, in consultation with theMinister and the Vice-Chancellor, shall authorise a senior teacher of the University oran officer of the University to exercise the powers and perform the duties of the Pro-Vice-Chancellor.

(5) The vacancy in the office of the Pro-Vice-Chancellor occurring by reason ofdeath, resignation or expiry of the term of his office, removal or otherwise shall befilled up by appointment of a Pro-Vice-Chancellor in accordance with the provisionsof sub-section (1).

(6) The Pro-Vice-Chancellor may be removed from his office by the Chancellorif he is satisfied that the incumbent,—

(a) has become insane and adjudged by a competent court to be of unsoundmind; or

(b) has become an undischarged insolvent and stands so declared by a competentCourt; or

(c) has been physically unfit and incapable of discharging function due toprotracted illness or physical disability ; or

(d) has wilfully omitted or refused to carry out the provisions of this Act orhas committed breach of any of the terms and conditions of the servicecontract or has abused or misused the powers vested in him or if thecontinuance in the office of the Pro-Vice Chancellor is detrimental to theinterest of the University; or

(e) has been proved to be guilty of criminal breach of trust or criminalnegligence or gross financial irregularity or impropriety or grossnegligence of duty; or

(f) has shown incompetence to perform or has persistently made default inthe performance of the duties imposed on him by or under this Act; or

(Section 10.)

"The Pro-Vice-Chancellor.

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54 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

(g) has been convicted by a court for any offence within the concept andmeaning of the Code of Criminal Procedure, 1973; or

(h) is a member of, or otherwise associated with, any political party or acts inany partisan manner while in office.

Explanation.—For the purpose of this sub-clause, whether any party is a politicalparty or any association is a political association or any act of the Pro-Vice-Chancelloris partisan, decision of the Chancellor thereon shall be final:

Provided that the Pro-Vice-Chancellor shall be given a reasonable opportunity toshow cause by the Chancellor before taking recourse for his removal under clauses (d),(e), (f), (g) and (h).".

(4) for section 16, the following section shall be substituted:—

16. (1) The Court shall consist of the following members:—

(a) Ex officio members—

(i) the Chancellor;

(ii) the Vice-Chancellor;

(iii) the Pro-Vice Chancellor,

(iv) the Deans of Faculty Councils for Post-Graduate and UndergraduateStudies;

(v) the Secretary, Higher Education Department, Government of West Bengalor his nominee not below the rank of Joint Secretary to the Governmentof West Bengal;

(vi) the Secretary, Finance Department, Government of West Bengal or hisnominee not below the rank of Joint Secretary to the Government of WestBengal;

(vii) the Chairman, West Bengal State Council of Higher Education or hisnominee;

(viii) the President, West Bengal Council of Higher Secondary Education;

(ix) the President, West Bengal Madrasah Education Board;

(x) the President, West Bengal Board of Secondary Education;

(xi) a nominee of the Chairman of University Grants Commission;

(xii) a nominee of the Chairman of All India Council For Technical Education;

(xiii) a nominee of the Chairman of the National Council for Teachers' Education;

(b) Representatives of Departments—

(xiv) Heads of Departments of the University;

(xv) five teachers, of whom at least two shall be Professors, elected by theteachers of the Departments under the Faculty Council for Post-Graduateand Undergraduate Studies in Engineering and Technology from amongstthemselves as may be prescribed by Statutes;

(xvi) five teachers, of whom at least two shall be Professors, elected by theteachers of the Departments under the Faculty Council for Post-Graduateand Undergraduate Studies in Arts from amongst themselves as may beprescribed by Statutes;

(xvii) five teachers, of whom at least two shall be Professors, elected by theteachers of the Departments under the Faculty Council for Post-Graduateand Undergraduate Studies in Science from amongst themselves as maybe prescribed by the Statutes;

(xviii) one representative of officers of the University, elected from amongstthemselves in the manner as may be prescribed by the Statutes;

(Section 10.)

"The Court.

2 of 1974.

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The West Bengal University Laws(Amendment) Act, 2011.

(xix) one representative of non-teaching employees elected from amongstthemselves in the manner as may be prescribed by the Statutes;

(xx) one representative from National Council of Education Bengal.

(c) Nominated Members—

(xxi) not more than five persons to be nominated by the Chancellor from amongstthe persons interested in University education:

Provided that no employee of the University or Institution affiliatedwith the University or recognised by it shall be elegible to be a member;

(d) Special Invitee—

(xxii) any official or expert in any field or eminent educationist, whom theUniversity may require for advice, consultation or assistance, may beinvited to attend the meeting:

Provided that not more than one official or expert or eminent educationistmay be invited in a meeting at a time.

(2) A member of the Court shall hold office for a period of four years, if notexpressly provided otherwise in sub-section (1). Any vacancy among the members ofthe Court shall be filled up immediately by the concerned authority.

(3) No act or proceedings of the Court or of any body constituted by the Courtshall be invalid or called in question by reason of the existence of any vacancy, initialor subsequent, in the Court or in any body constituted by the Court, as the case maybe.";

(5) for section 19, the following section shall be substituted:—

19. (1) the Executive Council shall consist of the followingmembers:—

(a) Ex officio Members—

(i) the Vice-Chancellor;

(ii) the Pro-Vice-Chancellor;

(iii) the Secretary, Higher Education Department, Government of West Bengalor his nominee not below the rank of Joint Secretary to the Governmentof West Bengal;

(iv) the Secretary, Finance Department, Government of West Bengal or hisnominee not below the rank of Joint Secretary to the Government of WestBengal;

(v) the Chairman, West Bengal State Council of Higher Education or hisnominee;

(vi) the Deans of Faculty Councils for Post-Graduate and UndergraduateStudies;

(b) Other Members—

(vii) twelve Heads of Departments, by rotation for one year in alphabeticalorder of the Department;

(viii) three teachers, of whom at least one shall be Professor, elected by theteachers of the Departments under the Faculty Council for Post-Graduateand Undergraduate studies in Engineering and Technology from amongstthemselves as may be prescribed by Statutes;

(ix) three teachers, of whom at least one shall be Professor, elected by theteachers of the Departments under the Faculty Council for Post-Graduateand Undergraduate studies in Arts from amongst themselves as may beprescribed by Statutes;

(Section 10.)

"The ExecutiveCouncil.

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56 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

(x) three teachers, of whom at least one shall be Professor, elected by theteachers of the Departments under the Faculty Council for Post-Graduateand Undergraduate Studies in Science from amongst themselves as maybe prescribed by Statutes;

(xi) two persons nominated by the Chancellor interested in University education:Provided that no employee of the University or of a College or Institution

affiliated with the University or recognised by it shall be eligible to be amember.

(2) A member of the Executive Council shall hold office for a period of fouryears, if not expressly provided otherwise in sub-section (1). Any vacancy among themembers of the Executive Council shall be filled up immediately by the concernedauthority.

(3) No act or proceedings of the Executive Council or of any body constituted bythe Executive Council shall be invalid or called in question by reason of the existenceof any vacancy, initial or subsequent, in the Executive Council or in any body constitutedby the Executive Council, as the case may be.

(4) One-third of the total number of members shall be a quorum for a meeting ofthe Executive Council.";

(6) in section 20, in clause (x), the word “Teachers”, wherever it occurs, shallbe omitted.;

(7) in section 21,—(i) in sub-section (2),—

(a) for clause (iv), the following clause shall be substituted:—“(iv) one or more than one teacher shall be elected by the

teachers of each Department of the faculty council fromamongst themselves in the following manner:—

(i) one Professor from a Department if total number ofteachers in it does not exceed five;

(ii) one Professor and one Associate Professor from aDepartment if total number of teachers in it does notexceed ten;

(iii) two Professors and one Associate Professor from aDepartment if total number of teachers in it does notexceed twenty;

(iv) two Professors and two Associate Professors from aDepartment if total number of teachers in it exceedstwenty;";

(b) after clause (vii), the following clauses shall be inserted:—“(vii) one student representative, pursuing Undergraduate

studies in the University and another studentrepresentative pursuing Post-Gaduate studies in theUniversity, to be elected by such Undergraduate andPost-Graduate students, respectively, from amongstthemselves in the manner as may be prescribed by theStatutes;

(ix) one research scholar pursuing research in the Universityto be elected by research scholars from amongstthemselves in the manner as may be prescribed by theStatutes.

(Section 10.)

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The West Bengal University Laws(Amendment) Act, 2011.

(i) in sub-section (3),—(a) for clause (iv), the following clause shall be substituted:—

“(vi) one or more than one teacher shall be elected by theteachers of each Department of the faculty council fromamongst themselves in the following manner:—

(a) one Professor from a Department if total number ofteachers in it does not exceed five;

(b) one Professor and one Associate Professor from aDepartment if total number of teachers in it does notexceed ten;

(c) two Professors and one Associate Professor from aDepartment if total number of teachers in it does notexceed twenty;

(d) two Professors and two Associate Professors from aDepartment if total number of teachers in it exceedstwenty;";

(b) after clause (iv), the following clauses shall be inserted—“(iva) one student representative pursuing Undergraduate studies in the

University and another student representative pursuing Post-Gaduate studies in the University, to be elected by suchUndergraduate and Post-Graduate students, respectively, fromamongst themselves in the manner as may be prescribed by theStatutes;

(ivb) one research scholar pursuing research in the University to beelected by research scholars from amongst themselves in the manneras may be prescribed by the Statutes.";

(8) for section 26, the following section shall be substituted:—

26. (1) A University Professor or a University Associate Professoror a University Assistant Professor shall be appointed by the Vice-Chancellor, on the recommendation of a Selection Committee, and

the constitution of such Selection Committee as well as the procedure for holding itsmeetings shall be in consonance with the University Grants Commission Regulationsand Recruitment Rules framed by the State Government from time to time.

(2) Notwithstanding anything contrary to the provisions of University GrantsCommission Regulations, the nominee of the Vice-Chancellor shall be the head of theSelection Committee, which shall send its recommendations in writing to the Vice-Chancellor alongwith reasoned record of assessment of the persons appeared before itfor selection.";

(9) for section 27, the following section shall be substituted:—

27. (1) At least four members, including two outside subjectexperts, shall constitute the quorum for a meeting of the SelectionCommittee.

(2) If the Vice-Chancellor does not accept the recommendation of a SelectionCommittee, it shall refer the recommendation back to the Selection Committee withreasons for reconsideration and if the Vice-Chancellor does not accept the reconsideredviews of the Selection Committee, the matter shall be referred to the Chancellor withreason and the decision of the Chancellor shall be final.".

11. In the Rabindra Bharati Act, 1981,—(1) in section 2,—

(i) after clause (18), the following clause shall be inserted:—‘(18a) "State Government" means the Government of West Bengal

in the Higher Education Department;’;(ii) in clause (21), for the words "a Principal, Professor, Assistant

Professor, Reader, Lecturer,", the words "a Principal, Professor,Associate Professor, Reader, Assistant Professor" shall be substituted;

(Section 11.)

Amendment ofWest Ben. ActXXXVI of 1981.

"SelectionCommittee forTeaching Posts.

“Procedure forholding meetingsof SelectionCommittee.

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58 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

(iii) for clause (22), the following clause shall be substituted :-‘(22) “Teacher of the University” means a Professor, Associate

Professor, Reader Assistant Professor, or any other person,holding a teaching post including a part-time teaching post,appointed or recognized as such by the University.’;

(2) for section 9, the following section shall be substituted:—

9. (1) (a) The Vice-Chancellor shall be appointed from the personsof the highest level of competence, integrity, morals and institutionalcommitment. The Vice Chancellor shall be a distinguished academic

with a minimum of ten years of experience in a University system of which at least 5years shall be as Professor or ten years of experience in a reputed research or academicadministrative organization of which at least 5 years shall be in an equivalent positionof Professor.

(b) The Vice Chancellor shall be appointed by the Chancellor out of the panel ofthree names recommended in order of preference by the Search Committee constitutedby the State Government. While preparing the panel, the Search Committee must giveproper weightage to academic excellence, exposure to the higher education system inthe country and abroad and adequate experience in academic and administrativegovernance and reflect the same in writing while submitting the panel to the Chancellor.

(c) The Search Committee shall consist of the following Members:—(i) a nominee of the Chancellor, who shall be the Chairperson of the

Committee;(ii) a nominee of the Chairman, University Grants Commission;

(iii) a nominee of the Court: Provided that all such Members shall be persons of eminence in the sphere ofhigher education and shall not be connected in any manner with the University orcolleges or institutions affiliated with the University or recognised by it.

(2) (a) The Vice-chancellor shall hold office for a term of four years or till heattains the age of sixty-five years, whichever is earlier, and shall be eligible for re-appointment for another term of four years or till he attains the age of sixty-five years,whichever is earlier, following the provisions of sub-section (1).

(b) The Chancellor may, notwithstanding the expiration of the term of the officeof the Vice-Chancellor or his attaining the age of sixty-five years, allow him to continuein office till a successor assumes office, provided that he shall not continue as such forany period exceeding six months.

(3) The Vice-Chancellor shall be a whole-time officer of the University and shallbe paid from the University Fund such salary and allowances as the Chancellor maydecide in consultation with the State Government.

(4) The Vice-Chancellor may resign his office by writing under his hand addressedto 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 hisoffice, or

(b) a vacancy occurs in the office of the Vice-Chancellor by reason of death,resignation, removal, expiry of term of his office or otherwise,

then, during the period of such temporary inability or pending the appointment of aVice-Chancellor, as the case may be, the Chancellor in consultation with the Ministermay appoint a person to exercise the powers and perform the duties of the Vice-Chancellor.

(6) The vacancy in the office of the Vice-Chancellor occurring by reason of death,resignation, expiry of the term of his office, removal or otherwise shall be filled up byappointment of a Vice-Chancellor in accordance with the provisions of sub-section (1)within a period of six months from the date of occurrence of the vacancy, and such

(Section 11.)

"The Vice-Chancellor.

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 59

The West Bengal University Laws(Amendment) Act, 2011.

period shall be held to include any period for which a Vice-Chancellor is allowed tocontinue in office under clause (b) of sub-section (2), or a person is appointed by theChancellor in consultation with the Minister to exercise the powers and perform theduties of the Vice-Chancellor under sub-section (5). (7) The Vice-Chancellor may be removed from his office by the Chancellor if he issatisfied that the incumbent,—

(a) has become insane and adjudged by a competent court to be of unsoundmind; or

(b) has become an undischarged insolvent and stands so declared by a competentCourt; or

(c) has been physically unfit and incapable of discharging function due toprotracted illness or physical disability ; or

(d) has wilfully omitted or refused to carry out the provisions of this Act orhas committed breach of any of the terms and conditions of the servicecontract or has abused or misused the powers vested in him or if thecontinuance in the office of the Vice Chancellor is detrimental to theinterest of the University; or

(e) has been proved to be guilty of criminal breach of trust or criminalnegligence or gross financial irregularity or impropriety or grossnegligence of duty; or

(f) has shown incompetence to perform or has persistently made default inthe performance of the duties imposed on him by or under this Act; or

(g) has been convicted by a court for any offence within the concept andmeaning of the Code of Criminal Procedure, 1973; or

(h) is a member of, or otherwise associated with, any political party or acts inany partisan manner while in office.

Explanation.—For the purpose of this sub-clause, whether any party is a politicalparty or any association is a political association or any act of the Vice Chancellor ispartisan, decision of the Chancellor thereon shall be final:

Provided that the Vice-Chancellor shall be given a reasonable opportunity to showcause by the Chancellor before taking recourse for his removal under clauses (d), (e),(f), (g) and (h).".

(3) for section 17, the following section shall be substituted:—17. (1) The Court shall consist of the following members:-—

(a) Ex officio members—(i) the Chancellor;

(ii) the Vice Chancellor;(iii) the Deans of Faculty Councils for Post-Graduate and Undergraduate

Studies;(iv) the Secretary, Higher Education Department, Government of West Bengal

or his nominee not below the rank of Joint Secretary to the Governmentof West Bengal;

(v) the Secretary, Finance Department, Government of West Bengal or hisnominee not below the rank of Joint Secretary to the Government of WestBengal;

(vi) the Chairman, West Bengal State Council of Higher Education or hisnominee;

(vii) the President, West Bengal Council of Higher Secondary Education;(viii) the President, West Bengal Madrasah Education Board;

(ix) the President, West Bengal Board of Secondary Education;(x) a nominee of the Chairman of University Grants Commission;

(xi) a nominee of the Chairman of All India Distance Education Council;(xii) a nominee of the Chairman of National Council for Teachers' Training;

(b) Representatives of Departments—(xiii) Heads of Departments of the University;

(Section 11.)

"The Court.

2 of 1974.

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60 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

(xiv) five teachers, of whom at least two shall be Professors, elected by theteachers of the Departments under the Faculty Council for Post-Graduateand Undergraduate Studies in Fine Arts from amongst themselves as maybe prescribed by Statutes;

(xv) five teachers, of whom at least two shall be Professors, elected by theteachers of the Departments under the Faculty Council for Post-Graduateand Undergraduate Studies in Visual Arts from amongst themselves asmay be prescribed by Statutes;

(xvi) five teachers, of whom at least two shall be Professors, elected by theteachers of the Departments under the Faculty Council for Post-GraduateStudies in Arts from amongst themselves as may be prescribed by theStatutes;

(xvii) one representative of officers of the University, elected from amonstthemselves in the manner as may be prescribed by the Statutes;

(xviii) one representative of non-teaching employees elected from amongstthemselves in the manner as may be prescribed by the Statutes.

(c) Nominated Members—(xix) not more than five persons to be nominated by the Chancellor from amongst

the persons interested in University education:Provided that no employee of the University or Institution affiliated

with the University or recognized by it shall be eligible to be a member;(d) Special Invitee—

(xx) any official or expert in any field or eminent educationist, whom theUniversity may require for advice, consultation or assistance, may beinvited to attend the meeting:

Provided that not more than one official or expert or eminent educationistmay be invited in a meeting at a time.

(2) A member of the Court shall hold office for a period of four years, if notexpressly provided otherwise in sub-section (1). Any vacancy among the members ofthe Court shall be filled up immediately by the concerned authority.

(3) No act or proceedings of the Court or of any body constituted by the Courtshall be invalid or called in question by reason of the existence of any vacancy, initialor subsequent, in the Court or in any body constituted by the Court, as the case maybe.";

(4) for section 20, the following section shall be substituted:—

20. (1) the Executive Council shall consist of the followingmembers:—

(a) Ex officio Members—(i) the Vice Chancellor;

(ii) the Secretary, Higher Education Department, Government of West Bengalor his nominee not below the rank of Joint Secretary to the Governmentof West Bengal;

(iii) the Secretary, Finance Department, Government of West Bengal or hisnominee not below the rank of Joint Secretary to the Government of WestBengal;

(iv) the Chairman, West Bengal State Council of Higher Education or hisnominee;

(v) the Deans of the Faculty Councils;(vi) the Principal, Indian College of Arts and Draftsmanship, Kolkata;

(vii) the Director, Indian Museum, Kolkata;(b) Other Members—

(viii) twelve Heads of Departments, by rotation for one year in alphabeticalorder of the Department;

(Section 11.)

“TheExecutiveCouncil.

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 61

The West Bengal University Laws(Amendment) Act, 2011.

(ix) three teachers, of whom at least one shall be Professor, elected by theteachers of the Departments under the Faculty Council for Post-Graduateand Undergraduate Studies in Fine Arts from amongst themselves as maybe prescribed by Statutes;

(x) three teachers, of whom at least one shall be Professor, elected by theteachers of the Departments under the Faculty Council for Post-Graduateand Undergraduate Studies in Visual Arts from amongst themselves asmay be prescribed by Statutes;

(xi) three teachers, of whom at least one shall be Professor, elected by theteachers of the Departments under the Faculty Council for Post-GraduateStudies in Arts from amongst themselves as may be prescribed by Statutes;

(xii) two persons nominated by the Chancellor interested in University education:Provided that no employee of the University or of a College or Institution affiliated

with the University or recognized by it shall be eligible to be a member.(2) A member of the Executive Council shall hold office for a period of four

years, if not expressly provided otherwise in sub-section (1). Any vacancy among themembers of the Executive Council shall be filled up immediately by the concernedauthority.

(3) No act or proceedings of the Executive Council or of anybody constituted bythe Executive Council shall be invalid or called in question by reason of the existenceof any vacancy, initial or subsequent, in the Executive Council or in any body constitutedby the Executive Council, as the case may be.

(4) One-third of the total number of members shall be a quorum for a meeting ofthe Executive Council.";

(5) in section 21, in clause (x), the word “Teachers”, wherever it occurs, shallbe omitted.;

(6) in section 22,—(i) in sub-section (2),—

(a) for clause (iv), the following clause shall be substituted:—“(iv) one or more than one teacher shall be elected by the

teachers of each Department of the faculty council fromamongst themselves in the following manner:—

(i) one Professor from a Department if total number ofteachers in it does not exceed five;

(ii) one Professor and one Associate Professor from aDepartment if total number of teachers in it does notexceed ten;

(iii) two Professors and one Associate Professor from aDepartment if total number of teachers in it does notexceed twenty;

(iv) two Professors and two Associate Professors from aDepartment if total number of teachers in it exceedstwenty;";

(b) after clause (v), the following clauses shall be inserted:—"(vi) one student representative, pursuing Undergraduate

studies in the University and another studentrepresentative pursuing Post-Graduate studies in theUniversity, to be elected by such undergraduate andPost-Graduate students, respectively, from amongstthemselves in the manner as may be prescribed by theStatutes;

(vii) one research scholar pursuing research in the Universityto be elected by research scholars from amongstthemselves in the manner as may be prescribed by theStatutes.";

(Section 11.)

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62 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

(7) for section 27, the following section shall be substituted:—27. (1) A University Professor or a University Associate Professor

or a University Assistant Professor shall be appointed by the Vice-Chancellor, on the recommendation of a Selection Committee, and

the constitution of such Selection Committee as well as the procedure for holding itsmeetings shall be in consonance with the University Grants Commission Regulationsand Recruitment Rules framed by the State Government from time to time.

(2) Notwithstanding anything contrary to the provisions of University GrantsCommission Regulations, the nominee of the Vice-Chancellor shall be the head of theSelection Committee, which shall send its recommendations in writing to the Vice-Chancellor alongwith reasoned record of assessment of the persons appeared before itfor selection.";

(8) for section 28, the following section shall be substituted:—

28. (1) At least four members, including two outside subjectexperts, shall constitute the quorum for a meeting of the SelectionCommittee.

(2) If the Vice-Chancellor does not accept the recommendation of a SelectionCommittee, it shall refer the recommendation back to the Selection Committee withreasons for reconsideration and if the Vice-Chancellor does not accept the reconsideredviews of the Selection Committee, the matter shall be referred to the Chancellor withreason and the decision of the Chancellor shall be final.".

12. In the Netaji Subhas Open University Act, 1997,—(1) in section 2,—

(i) in clause (21), the words "Reader" and "Lecturer", shall be omitted.(ii) after clause (23), the following clause shall be inserted:—

‘(24) “Teacher of the University" means a Professor, AssociateProfessor, Assistant Professor, Reader or any other person,holding a teaching post appointed or recognized as such bythe University.’;

(2) for section 10, the following section shall be substituted;10. (1) (a) T he Vice-Chancellor shall be appointed from the persons

of the highest level of competence, integrity, morals and institutionalcommitment. The Vice Chancellor shall be a distinguished academic

with a minimum of ten years of experience in a University system of which at least 5years shall be as Professor or ten years of experience in a reputed research or academicadministrative organization of which at least 5 years shall be in an equivalent positionof Professor.

(b) The Vice Chancellor shall be appointed by the Chancellor out of the panel ofthree names recommended in order of preference by the Search Committee constitutedby the State Government. While preparing the panel, the Search Committee must giveproper weightage to academic excellence, exposure to the higher education system inthe country and abroad and adequate experience in academic and administrativegovernance and reflect the same in writing while submitting the panel to the Chancellor.

(c) The Search Committee shall consist of the following Members:—(i) a nominee of the Chancellor, who shall be the Chairperson of the

Committee;(ii) a nominee of the Chairman, University Grants Commission;

(iii) a nominee of the Court:Provided that all such Members shall be persons of eminence in the sphere of

higher education and shall not be connected in any manner with the University orcolleges or institutions affiliated with the University or recognised by it.

(2) (a) The Vice-chancellor shall hold office for a term of four years or till heattains the age of sixty-five years, whichever is earlier, and shall be eligible for re-appointment for another term of four years or till he attains the age of sixty-five years,whichever is earlier, following the provisions of sub-section (1).

(Section 12.)

"SelectionCommitteefor TeachingPosts.

"The Vice-Chancellor.

Amendment ofWest. Ben. ActXIX of 1997.

"Procedure forholding meetingof SelectionCommittee.

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 63

The West Bengal University Laws(Amendment) Act, 2011.

(b) The Chancellor may, notwithstanding the expiration of the term of the officeof the Vice-Chancellor or his attaining the age of sixty-five years, allow him to continuein office till a successor assumes office, provided that he shall not continue as such forany period exceeding six months.

(3) The Vice-Chancellor shall be a whole-time officer of the University and shallbe paid from the University Fund such salary and allowances as the Chancellor maydecide in consultation with the State Government.

(4) The Vice-Chancellor may resign his office by writing under his hand addressedto 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 hisoffice, or

(b) a vacancy occurs in the office of the Vice-Chancellor by reason of death,resignation, removal, expiry of term of his office or otherwise,

then, during the period of such temporary inability or pending the appointment of aVice-Chancellor, as the case may be, the Chancellor in consultation with the Ministermay appoint a person to exercise the powers and perform the duties of the Vice-Chancellor.

(6) The vacancy in the office of the Vice-Chancellor occurring by reason of death,resignation, expiry of the term of his office, removal or otherwise shall be filled up byappointment of a Vice-Chancellor in accordance with the provisions of sub-section (1)within a period of six months from the date of occurrence of the vacancy, and suchperiod shall be held to include any period for which a Vice-Chancellor is allowed tocontinue in office under clause(b) of sub-section (2), or a person is appointed by theChancellor in consultation with the Minister to exercise the powers and perform theduties of the Vice-Chancellor under sub-section (5). (7) The Vice-Chancellor may be removed from his office by the Chancellor if heis satisfied that the incumbent,—

(a) has become insane and adjudged by a competent court to be of unsoundmind; or

(b) has become an undischarged insolvent and stands so declared by a competentCourt; or

(c) has been physically unfit and incapable of discharging function due toprotracted illness or physical disability ; or

(d) has wilfully omitted or refused to carry out the provisions of this Act orhas committed breach of any of the terms and conditions of the servicecontract or has abused or misused the powers vested in him or if thecontinuance in the office of the Vice Chancellor is detrimental to theinterest of the University; or

(e) has been proved to be guilty of criminal breach of trust or criminalnegligence or gross financial irregularity or impropriety or grossnegligence of duty; or

(f) has shown incompetence to perform or has persistently made default inthe performance of the duties imposed on him by or under this Act; or

(g) has been convicted by a court for any offence within the concept andmeaning of the Code of Criminal Procedure, 1973; or

(h) is a member of, or otherwise associated with, any political party or acts inany partisan manner while in office.

Explanation.—For the purpose of this sub-clause, whether any party is a politicalparty or any association is a political association or any act of the Vice Chancellor ispartisan, decision of the Chancellor thereon shall be final:

Provided that the Vice-Chancellor shall be given a reasonable opportunity to showcause by the Chancellor before taking recourse for his removal under clauses (d), (e),(f), (g) and (h).".

(Section 12.)

2 of 1974.

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64 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

(3) for section 17, the following section shall be substituted:—

17. (1) The Executive Council shall be the principal executivebody of the University and shall consist of the following members:—

(a) Ex officio members—(i) the Chancellor;

(ii) the Vice-Chancellor; (iii) the Secretary, Higher Education Department, Government of West Bengal

or his nominee not below the rank of Joint Secretary to the Governmentof West Bengal;

(iv) the Secretary, Finance Department, Government of West Bengal or hisnominee not below the rank of Joint Secretary to the Government of WestBengal;

(v) the Chairman, West Bengal State Council of Higher Education or hisnominee;

(vi) the President, West Bengal Council of Higher Secondary Education;(vii) the President, West Bengal Madrasah Education Board;

(viii) the President, West Bengal Board of Secondary Education;(ix) the Director of Public Instruction, West Bengal;(x) a nominee of the Chairman of National Council for Teachers' Education;

(xi) a nominee of the Chairman of University Grants Commission;(xii) a nominee of the Chairman of All India Distance Education Council;

(b) Representatives of Departments—(xiii) Directors of the University;(xiv) five teachers, of whom at least two shall be Professors, elected by the

teachers of the Academic Council from amongst themselves as may beprescribed by Statutes;

(xv) five teachers, of whom at least two shall be Professors, elected by theteachers of the School of Studies from amongst themselves as may beprescribed by Statutes;

(xvi) one representative of officers of the University, elected from amonstthemselves in the manner as may be prescribed by the Statutes;

(xvii) one representative of non-teaching employees elected from amongstthemselves in the manner as may be prescribed by the Statutes;

(c) Nominated Members—(xviii) not more than five persons to be nominated by the Chancellor from amongst

the persons interested in University education:Provided that no employee of the University or Institution affiliated with the

University or recognized by it shall be eligible to be a member;(d) Special Invitee—

(xix) any official or expert in any field or eminent educationist, whom theUniversity may require for advice, consultation or assistance, may beinvited to attend the meeting:

Provided that not more than one official or expert or eminent educationist may beinvited in a meeting at a time.

(2) A member of the Executive Council shall hold office for a period of fouryears, if not expressly provided otherwise in sub-section (1). Any vacancy among themembers of the Executive Council shall be filled up immediately by the concernedauthority.

(3) No act or proceedings of the Executive Council or of anybody constituted bythe Executive Council shall be invalid or called in question by reason of the existenceof any vacancy, initial or subsequent, in the Executive Council or in any body constitutedby the Executive Council, as the case may be.";

(4) after section 25, the following sections shall be inserted:—25A. (1) A University Professor or a University Associate Professor

or a University Assistant Professor shall be appointed by the Vice-Chancellor, on the recommendation of a Selection Committee, and

(Section 12.)

"The Executive Council.

"SelectionCommittee forTeaching Posts.

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 65

The West Bengal University Laws(Amendment) Act, 2011.

the constitution of such Selection Committee as well as the procedure for holding itsmeetings shall be in consonance with the University Grants Commission Regulationsand Recruitment Rules framed by the State Government from time to time.

(2) Notwithstanding anything contrary to the provisions of University GrantsCommission Regulations, the nominee of the Vice-Chancellor shall be the head of theSelection Committee, which shall send its recommendations in writing to the Vice-Chancellor alongwith reasoned record of assessment of the persons appeared before itfor selection.

25B. (1) At least four members, inclduing two outside subjectexperts, shall constitute the quorum for a meeting of the SelectionCommittee.

(2) If the Vice-Chancellor does not accept the recommendation of a SelectionCommittee, it shall refer the recommendation back to the Selection Committee withreasons for reconsideration and if the Vice-Chancellor does not accept the reconsideredviews of the Selection Committee, the matter shall be referred to the Chancellor withreason and the decision of the Chancellor shall be final.”.

13. In the Bengal Engineering and Science University, Shibpur Act, 2004,—(1) in section 2,—

(i) in clause (18), for the words “Assistant Professor, Reader, Lecturer”,the words “Associate Professor, Reader, Assistant Professor,” shallbe substituted;

(ii) for clause (19), the following clause shall be substituted:—‘(19) "Teacher of the University" means a Professor, Associate

Professor, Assistant Professor, Reader or any other personholding a teaching post including a part-time teaching post,appointed or recognised as such by the University,’;

(iii) clause (23) shall be omitted.(2) for section 7, the following section shall be substituted:—

7. (1) (a) The Vice-Chancellor shall be appointed from the personsof the highest level of competence, integrity, morals and institutional

commitment. The Vice-Chancellor shall be a distinguished academic with a minimumof ten years of experience in a University system of which at least 5 years shall be asProfessor or ten years of experience in a reputed research or academic administrativeorganization of which at least 5 years shall be in an equivalent position of Professor.

(b) The Vice-Chancellor shall be appointed by the Chancellor out of the panel ofthree names recommended in order of preference by the Search Committee constitutedby the State Government. While preparing the panel, the Search Committee must giveproper weightage to academic excellence, exposure to the higher education system inthe country and abroad and adequate experience in academic and administrativegovernance and reflect the same in writing while submitting the panel to the Chancellor.

(c) The Search Committee shall consist of the following Members:—(i) a nominee of the Chancellor, who shall be the Chairperson of the

Committee;(ii) a nominee of the Chairman, University Grants Commission;

(iii) a nominee of the Court:Provided that all such Members shall be persons of eminence in the sphere of

higher education and shall not be connected in any manner with the University orcolleges or institutions affiliated with the University or recognised by it.

(2) (a) The Vice-Chancellor shall hold office for a term of four years or till heattains the age of sixty-five years, whichever is earlier, and shall be eligible for re-appointment for another term of four years or till he attains the age of sixty-five years,whichever is earlier, following the provisions of sub-section (1).

(b) The Chancellor may, notwithstanding the expiration of the term of the officeof the Vice-Chancellor or his attaining the age of sixty-five years, allow him to continue

(Section 13.)

Amendment ofWest Ben. ActXIII of 2004.

"The Vice-Chancellor.

Procedure forholding meetingof the SelectionCommittee.

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66 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

in office till a successor assumes office, provided that he shall not continue as such forany period exceeding six months.

(3) The Vice-Chancellor shall be a whole-time officer of the University and shallbe paid from the University Fund such salary and allowances as the Chancellor maydecide in consultation with the State Government.

(4) The Vice-Chancellor may resign his office by writing under his hand addressedto 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 hisoffice, or

(b) a vacancy occurs in the office of the Vice-Chancellor by reason of death,resignation, removal, expiry of term of his office or otherwise,

then, during the period of such temporary inability or pending the appointment of aVice-Chancellor, as the case may be, the Chancellor in consultation with the Ministermay appoint a person to exercise the powers and perform the duties of the Vice-Chancellor.

(6) The vacancy in the office of the Vice-Chancellor occurring by reason of death,resignation, expiry of the term of his office, removal or otherwise shall be filled up byappointment of a Vice-Chancellor in accordance with the provisions of sub-section (1)within a period of six months from the date of occurrence of the vacancy, and suchperiod shall be held to include any period for which a Vice-Chancellor is allowed tocontinue in office under clause (b) of sub-section (2), or a person is appointed by theChancellor in consultation with the Minister to exercise the powers and perform theduties of the Vice-Chancellor under sub-section (5).

(7) The Vice-Chancellor may be removed from his office by the Chancellor if heis satisfied that the incumbent,—

(a) has become insane and adjudged by a competent court to be of unsoundmind; or

(b) has become an undischarged insolvent and stands so declared by a competentCourt; or

(c) has been physically unfit and incapable of discharging function due toprotracted illness or physical disability ; or

(d) has wilfully omitted or refused to carry out the provisions of this Act orhas committed breach of any of the terms and conditions of the servicecontract or has abused or misused the powers vested in him or if thecontinuance in the office of the Vice-Chancellor is detrimental to theinterest of the University; or

(e) has been proved to be guilty of criminal breach of trust or criminalnegligence or gross financial irregularity or impropriety or grossnegligence of duty; or

(f) has shown incompetence to perform or has persistently made default inthe performance of the duties imposed on him by or under this Act; or

(g) has been convicted by a court for any offence within the concept andmeaning of the Code of Criminal Procedure, 1973; or

(h) is a member of, or otherwise associated with, any political party or actsany partisan manner while in office.

Explanation.—For the purpose of this sub-clause, whether any party is a politicalparty or any association is a political association or any act of the Vice Chancellor ispartisan, decision of the Chancellor thereon shall be final:

Provided that the Vice-Chancellor shall be given a reasonable opportunity to showcause by the Chancellor before taking recourse for his removal under clauses (d), (e),(f), (g) and (h).".

(Section 13.)

2 of 1974.

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 67

The West Bengal University Laws(Amendment) Act, 2011.

(3) for section 14, the following section shall be substituted:—

14. (1) The Court shall consist of the following members:—(a) Ex officio members—

(i) the Chancellor;(ii) the Vice-Chancellor;

(iii) the Deans of Faculty Councils for Post-Graduate and UndergraduateStudies;

(iv) the Secretary, Higher Education Department, Government of West Bengalor his nominee not below the rank of Joint Secretary to the Governmentof West Bengal;

(v) the Secretary, Finance Department, Government of West Bengal or hisnominee not below the rank of Joint Secretary to the Government of WestBengal;

(vi) the Chairman, West Bengal State Council of Higher Education or hisnominee;

(vii) the President, West Bengal Council of Higher Secondary Education;(viii) the President, West Bengal Madrasah Education Board;

(ix) the President, West Bengal Board of Secondary Education;(x) a nominee of the Chairman of University Grants Commission;

(xi) a nominee of the Chairman of All India Council For Technical Education;(b) Representatives of Departments—

(xii) Heads of Departments of the University;(xiii) five teachers, of whom at least two shall be Professors, elected by the

teachers of the Departments under the Faculty Council for Post-Graduateand Undergraduate Studies in Engineering and Technology from amongstthemselves as may be prescribed by Statutes;

(xiv) five teachers, of whom at least two shall be Professors, elected by theteachers of the Departments under the Faculty Council for Post-Graduateand Undergraduate Studies in Basic and Applied Sciences from amongstthemselves as may be prescribed by Statutes;

(xv) five teachers, of whom at least two shall be Professors, elected by theteachers of the Departments under the Faculty Council for Post Graduateand Undergraduate Studies in Social and Management Sciences fromamongst themselves as may be prescribed by the Statutes;

(xvi) one representative of officers of the University, elected from amongstthemselves in the manner as may be prescribed by the Statutes;

(xvii) one representative of non-teaching employees elected from amongstthemselves in the manner as may be prescribed by the Statutes;

(c) Nominated Members—(xviii) not more than five persons to be nominated by the Chancellor from amongst

the persons interested in University education:Provided that no employee of the University or Institution affiliated with the

University or recognized by it shall be eligible to be a member;(d) Special Invitee—

(xix) any official or expert in any field or eminent educationist, whom theUniversity may require for advice, consultation or assistance, may beinvited to attend the meeting:

Provided that not more than one official or expert or eminent educationist may beinvited in a meeting at a time.

(2) A member of the Court shall hold office for a period of four years, if notexpressly provided otherwise in sub-section (1). Any vacancy among the members ofthe Court shall be filled up immediately by the concerned authority.

(3) No act or proceedings of the Court or of any body constituted by the Courtshall be invalid or called in question by reason of the existence of any vacancy, initialor subsequent, in the Court or in any body constituted by the Court, as the case maybe.";

(Section 13.)

" The Court.

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68 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

(4) for section 17, the following section shall be substituted:—

17. (1) the Executive Council shall consist of the followingmembers:—

(a) Ex officio Members—

(i) the Vice-Chancellor;

(ii) the Secretary, Higher Education Department, Government of West Bengalor his nominee not below the rank of Joint Secretary to the Governmentof West Bengal;

(iii) the Secretary, Finance Department, Government of West Bengal or hisnominee not below the rank of Joint Secretary to the Government of WestBengal;

(iv) the Chairman, West Bengal State Council of Higher Education or hisnominee;

(v) the Deans of Faculty Councils for Post-Graduate and UndergraduateStudies;

(b) Other Members—

(vi) twelve Heads of Departments, by rotation for one year in alphabeticalorder of the Department;

(vii) three teachers, of whom at least one shall be Professor, elected by theteachers of the Departments under the Faculty Council for Post-Graduateand Undergraduate Studies in Engineering and Technology from amongstthemselves as may be prescribed by Statutes;

(viii) three teachers, of whom at least one shall be Professor, elected by theteachers of the Departments under the Faculty Council for Post-Graduateand Undergraduate Studies in Basic and Applied Sciences from amongstthemselves as may be prescribed by Statutes;

(ix) three teachers, of whom at least one shall be Professor, elected by theteachers of the Departments under the Faculty Council for Post-Graduateand Undergraduate Studies in Social and Management Sciences fromamongst themselves as may be prescribed by Statutes;

(x) two persons nominated by the Chancellor interested in University education:

Provided that no employee of the University or of a College or Institution affiliatedwith the University or recognised by it shall be eligible to be a member.

(2) A member of the Executive Council shall hold office for a period of fouryears, if not expressly provided otherwise in sub-section (1). Any vacancy among themembers of the Executive Council shall be filled up immediately by the concernedauthority.

(3) No act or proceedings of the Executive Council or of any body constituted bythe Executive Council shall be invalid or called in question by reason of the existenceof any vacancy, initial or subsequent, in the Executive Council or in any body constitutedby the Executive Council, as the case may be.".

(4) One-third of the total number of members shall be a quorum for a meeting ofthe Executive Council.";

(5) in section 18, in clause (16), the word “Teachers” shall be omitted.;

(Section 13.)

"The ExecutiveCouncil.

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PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 69

The West Bengal University Laws(Amendment) Act, 2011.

(6) in section 19, in sub-section (2),—(a) for clause (vi), the following clause shall be substituted:—

“(vi) one or more than one teacher shall be elected by the teachersof each Department of the faculty council from amongstthemselves in the following manner:—

(a) one Professor from a Department if total number of teachersin it does not exceed five;

(b) one Professor and one Associate Professor from aDepartment if total number of teachers in it does notexceed ten;

(c) two Professors and one Associate Professor from a Department if totalnumber of teachers in it does not exceed twenty;

(d) two Professors and two Associate Professors from a Department if totalnumber of teachers in it exceeds twenty;";

(b) after clause (viii), the following clauses shall be inserted:—

“(ix) one student representative, pursuing Undergraduate studies in theUniversity and another student representative pursuing Post-Graduate studies in the University, to be elected by suchUndergraduate and Post-Graduate students, respectively, fromamongst themselves in the manner as may be prescribed by theStatutes;

(x) one research scholar pursuing research in the University to be electedby research scholars from amongst themselves in the manner asmay be prescribed by the Statutes.";

(7) for section 24, the following section shall be substituted:—24. (1) A University Professor or a University Associate Professor

or a University Assistant Professor shall be appointed by the Vice-Chancellor, on the recommendation of a Selection Committee, and

the constitution of such Selection Committee as well as the procedure for holding itsmeetings shall be in consonance with the University Grants Commission Regulationsand Recruitment Rules framed by the State Government from time to time.

(2) Notwithstanding anything contrary to the provisions of University GrantsCommission Regulations, the nominee of the Vice-Chancellor shall be the head of theSelection Committee, which shall send its recommendations in writing to the Vice-Chancellor alongwith reasoned record of assessment of the persons appeared before itfor selection.";

(8) for section 25, the following section shall be substituted:—

25. (1) At least four members, including two outside subjectexperts, shall constitute the quorum for a meeting of the SelectionCommittee.

(2) If the Vice-Chancellor does not accept the recommendation of a SelectionCommittee, it shall refer the recommendation back to the Selection Committee withreasons for reconsideration and if the Vice-Chancellor does not accept the reconsideredviews of the Selection Committee, the matter shall be referred to the Chancellor withreason and the decision of the Chancellor shall be final.".

14. In the West Bengal University of Technology Act, 2000,—(1) in section 2, in clause (24), for the words “a Professor, Principal, Associate

Profesor, Reader, Assistant Professor, Lacturer” the words “a Principal, Professor,Associate Professor, Reader, Assistant Professor” shall be substituted;

(2) in section 29, for sub-section (1), the following sub-section shall be substituted:—“(1) The State Government may, by notification to be published in the Official

Gazette, amend the Schedule either prospectively or retrospectively.”.

(Section 14.)

"SelectionCommittee forTeaching Posts.

"Procedurefor holdingmeeting ofSelectionCommittee.

Amendment ofWest Ben. Act XVof 2000.

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70 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 [PART III

The West Bengal University Laws(Amendment) Act, 2011.

Repeal and saving.

West Ben. Ord.III of 2011.

(Section 15.)

Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd.(Government of West Bengal Enterprise), Kolkata 700 056.

By order of the Governor,

B. K. SRIVASTAVA,Secy.-in-charge to the Govt. of West Bengal,

Law Department.

15. (1) The West Bengal University Laws (Amendment) Ordinance, 2011, is herebyrepealed.

(2) Notwithstanding such repeal, anything done or any action taken under theWest Bengal University Laws (Amendment) Ordinance, 2011, shall be deemed tohave been validly done or taken under this Act.

—————