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The North Bengal University Act, 1981

Act 25 of 1981

Keyword(s): Affiliated, Constituent College, Convocation, District, Employee, Financial Year, Government College, Hall, Hostel, Librarian, Non-teaching Staff, Professional College, Professional Subject, Statutes, Student, Teacher, Teacher of University, University, University Laboratory, University Professor

West Bengal Act XXV of 19811

THE NORTH BENGAL UNIVERSITY ACT, 1981.

Wesl Ben. ACL XX or 1983. Wesr Ben. Acl XXVIII or 1954. Wes~ Ben. Acr VIII of 1985. Wesr Ben. Act XX or 1986. West Ben. Acl VIII of 1988. Wcst Ben. Act XI of 1989. ,

West Ben. Act 111 of 1991. We51 Ben. Act V11I of 1993. Wesl Ben. Act 1X of 1996.

. Wcsr Ben. Act XVII of 1997.

An Acr to provide for rlre ~-eco~rstirution of [he U)~iver.siry uf Norllr Bengfll a ~ d for cerioirr r~iotrers inciderr~al tlrereto a r ~ d connected rhcreit:it11.

WHEREAS i r is expedient Lo reconstitute the Universiry of Norlh Bengal lo enable it to funclion mare efficiently as a Universily encourag- ing and providing Tor inskuclion, leaching, [raining and research in various branches oilearning and courr;~ of study, promoting advancement and dissemination of knowledge and learning, and exlending higher education, to meer Lhe growing needs of saciery arid lo makc he consdtution of various aurhorities or bodies or the Universiry more democralic:

It is hereby enacted in h e Thirty-second Year of lhe Republic of India, by the Legislarure of W e s ~ Bengnl, us follows:-

CHAPTER I Preliminary

1. (1) This Acl may be called [he Norlh BengaI University Act, Shon 1i1Ic . , . .. - . .. 1981. and . . . . .. . - . . . . . - .

cornrncncc- . . . ,

, (2) This seclion and section 57 shaIl come into force a1 once; and mcnl. h e remaining provisions of this ACL shall come inro rorcc on such dare . . , .

or dares as the State Government may, by nolifica~ion in the Official .. .

Gazefte appoint, and difkrent dates may be appoinled for diFferent provisions of this Act.

2. In this Act, unless here is anything repugnant in the subject or Defini[jons, context,-

(1) "affiliated" in relation to a college or an inslilulion means affilialed lo he University of Nonh Bengal as cons~iruted prior to [he appojnlcd day and continuing a such immediately before such day or affiliated ID [he University under [his Act:

'For Statcmcn~ or Objec~s and Reason<, Jee lhc Calcrrrm Ga:crre Er~rctordinur). Pun IV of rhc 29111 AU~UFI, 1980, p?gc 2(12 for repon of tiit Sclccl Commirlcc, JCC thc rcpon o i Commirlec publ~shcd In lllc Calcrrrra Go:errc. Er~mordi~~nn.. Pm IV or h e I01h Junc, 1981, pngcq 1431-1481): for pmceEdin&s oCmccIingorrhc Wesl Bcngal Lcg~slarivc A~scmhly, scc \he proceedings aC nrccling or [ha! Assembly held on ~ l i c 15~h April. 1961.

[Wesl Ben. Act

(2) "appoinred day" means the dale referred to in sub-secrion (5) af srcrion 57;

(3) "consti~ucnr college" means an affiliared collegc i n \vhich instruction is provided, under prescribed conditions, for honours as well as for posl-graduate courses or sludy, and which is declared as such by [he Universi~y:

Provided [hat, ir in any professionat subjec~ no honours courses of study have been prescribed, a professional collegc may be n coasriruen~ collcge although no instruction is provided in thal collcgc Tor honours courses or sludy in thal subjecl; "convo~i~~ion" mcnns 3 tneering of Lhc Courl for lhe purpose of conferring degrees. titles, diplomas, certificates or other academic disrjnclions; "dislrict" mcnns any of the dis~ric~s of Darjeeling, Jalpaiguri, Cooch Bchar, Malda, Wesl Dinajpur or any disrrict which may be created in Future OUI of any part or paris of one or more of the aforementioned districts; "employee" in relillion Lo lhe University means any person ernployed by hc Universiry; "financial year" means lhe year ending on ~ h c 31st day of March; "Govemmcn~ College" means n college maintained and managed by the Stare Governmenl; "Governor" means [hc Governor of the Scale or W e s ~ Bengnl; "HaI1" or "Hostel" means a unit of residence or studcnls recognized by thc Universiry; "Librarian" means,-- (a) in relation to the Universi~y, a .Librarian, Deputy

Librarian, assist an^ Librarian or any othcr person discharging the Cunc~ions OF a Librarian on whole-rime basis, by whalevcr name called, appointcd or recognized as such by rhe Universi~y, and

(b) in relation Lo a college afLliatcd to [he University, a Librarian, Deputy Librxian, Assislant Librarian or any otherperson discharging tlie functions oTa Librarian on whole-time basis. by wha~evcr numc called, appoi~~ted or recognized by the Univcrsiiy or appoinled by such college;

"Minister" means [he Minislcr-in-charge of Highcr Education appointed as such by the Governor;

'Clawc I I ) w a S U ~ S ~ ~ I U I C ~ for original clausc by s. 2 or thc Nonh Bcngal Univcni~y (Arncndrncn~) Ac1:1983 (Wes~ Rcn, ACI XX of 1983).

(13) "non-reaching stnfr' mcnns,- (a) inrelation iorheUniversiry, rhrnon-lcaching sraff, not

Iiolding any leaching posl (including part-lime Leaching post), appoinled or recognized as such by the Universily. and

(b) in rcliltion lo an affiliated collcgc, Lhc non-teaching slarf, nor holding any teaching post (induding part- lime reaching post), appoinred or recognized by lhc University or appoinled by such college,

but does not include an Officer or a Librarian: (14) "prescribed" means prescribed by Slalures, Ordinunces,

Regulations or Rules made under this Act; (15) "Principal" means the head of a college or or an institulion

by whatever name called: (16) "professional college" means a University College or an

arfilialcd collcge in which inslruclion i s provided primwily for courses or s ~ u d y leading 10 any degree, diploma or cerlificale of [he Univcrsity in any professional subjecl and which is recognized undcr this Act as a professional college;

(17) "professainal subjecl" means any or the fallowing sub- jects, namely, Law. Medicine, '[Denustry,] Engineering, Teachers Trailling, PhysicaI Education, Technology, Journalism, Managemenr Studies, Agricul~urc or such oiher subjec~ 35 may be prescribed by Regulatians;

(1 8) "registered gradua~e" means a graduale registered under this Act, at leas1 ~hree months prior to lhe date of election oC members to the Court on applicalion in the prescribed form and on paymcnt or u icc OF one rupee:

Provided thar no pcrson shal I be eligible lo be registered under [his Act unlcss he has graduated himseIt' from the University a1 least thrce y e n s prior to the date of eleclion or members to rhc Coun;

(19) "Slalules", "Ordinances", "Regula~ions" and "Rules" mzan, respectively, the Stnrures, Ordinances, Regulations and RuIes of h e Universily made under this Act; .

(20) "Students' Union" means,- (a) in rzlauon lo the University, thc Sludenls' Union

constilured in the manner prescribed, and (b) in relation Lo an undergraduate college, the Sludenls'

Utlion conslituied in ihc manner prescribed;

'Thc word within the squarc hnclicu :wcw inscrled by s. 2 or the Nonh Bcngal University (Arncndrncnt) Acl, 1993 (W~qr'Ben. Acl VIIJ or 1993).

The Norrii Bengal U~liversip Acr, 1981.

[West Ben. Act

(Cltap fer 11.-Tlrr Utr i v a r s i ~ artd its oficers.-Sectioti 3.)

'(21) 'Teacher" means a Principal, Professor, AsdstantProfessor, Reader, Leclurer, Demonslralor, Tutor. Tns~mclor or any olher person appoinled or recognized as such by the University, eilher whole-time or parl-time, for [he purpose of imparling instruction or conducting research in [he University or appointed by an affiliated college or ins\itulion;

(22) "Teacher of Lhe University" means a Professor, Reader, Lecturer or any orher person, appointed or recognized as such by h e Univcrsi~y, either whole-time or part-time, for the purpose of imputing instruction or conducling research in [he University:

(23) "the Universjry" means h e University OF North Bengnl as consri[uted under this Act;

(24) "University Laboratory ", "University Library", "University Museum" ar "University Instimlion" means a laboratory, a library, a museum or an institution, as [he case may be, maintained and managed by the Univcrsicy, whether established by ir or not;

(25) "Universily Professor", "University Reader" or "University Lecturer" means a Protessor, Reader or Lecturer appointed or recognised as such by the University.

CHAPTER I1

The University and its oflicers

Thc 3. (1) The firs1 Chancellor and [he first Vice-Chancellor of Ihe Univcnily.

Universily and the firs^ members of h e Court and the Executive Council, and all persons who may hereafer become the Chancellor or the Vice- Chancellor of the University or the members of the Court or he Executive CounciI, so long as they continue to hold such office or membership. shall constitule a body corporate by the name of the University or North Bengal.

(2) The University shall have perpetual succession nnd a common seal and shaIl sue and be sued by h e name of [hc Universi~y of North Bengal.

'Clause (21) r v z firs! substi!utcd Tor original clause by s. 6(a) of Ihe Wcsr Rengal Univcsily h w s (Arncndmcn~) ACI. 1986 ( \ V a l Bcn, Act XX or ISS6). Thcrcalwr. lhc clausc was rcsubslituled by s. 6 ( ~ ) ofrhc Wcsl Bcngnl University LWS (Amendnbcnl) Acl, 19R8 (IVcsl ncn. Act Vm or 1988). w.c.f. 13.8.85. .

The Norib Bengal Universiry Act. 1981.

XXV of 1981.1

( Cl~apter !l.-T!~e Utl i~!ersity arid i rs oflccrs.-Secriorr I.)

4. The University shall have the following powers, namely:-- Powcm*f I the , -

(1) to provide for instruction nnd training in such branches of u n i v e ~ i l y -

learning as i~ may lhink f i t and to rnakc provisians for research and Tor the advancemen\ and dissernitlaiion of knowledge;

(2) LO eslablish, maintain or manage colleges, librnies, n~uscurns and such other insiilulions or centres as it may consider El;

(3) to recognize any college as a consrituent college or a proiessional collcge and to withdraw such recognidon;

(4) to affiliate to j~sell any college. ioslilulion or cenlre and to wirhdraw such aKIiation:

'(5) to prescribe for affilialed colleges, other than Government Colleges,-

(a) the constitulion, porvers and. iunclions of their Governing Bodies, and

(b) wilh thc approval of h e S ~ a l e Governmcnr,-

(i) h e rerms and conditions of servicc of Teachers. Libnrians and non-teaching slaff, and

(ii) rules ror providen~ fund;

(6) to prescribe for colleges rhe rules for Teachers' Councils:

(7) lo provide Tor the jnspcc~ion. or invcstigarion into rhe affairs. O F colleges or inslitutions or centres recognized by it or allilialed to i t and to exercise general supervision and control over them:

(8) 10 take over for a period of Lwclve months the management of any affilinled. constituent or professional college or institurion or cenue other than a Governmen1 Collt, ae or instituuon in order to ensure that proper standard of leaching. [raining or instruction is mainlained therein:

Provided h a t the Universiry may, iT i t considers necessary so to do, extend such period so, howcver. [ha1 [hc aggregate period shall no1 exceed eighteen rnonrhs;

(9) LO dissove the Governing Body of any affiliated. constiluenl or professional college or instiludon other than n Governrncnt ColIege and, pending reconslitulion o f he Governing

'Clnusc ( 5 ) was subsrilutcd Tor orginal clause by 8, 6(b) of rhe W c s t Bengal Univesiry (Amcndmcnt) Acl. 19RS (Wmr Rcn GCI V l l I or 198RI w r f 17 8 rDRr

The Norrli Bellgal Utliversify Acr, 1981.

(Cl~uprer Ii.-Tf~e Un iversify arrd its oflcers.-Secrion 4.)

Body thereof in such manner as may be prescribed, lo appoin~ an Administralor or an ad hoc Governing Body:

Provided that recostitutior~ of h e Governing Body shall h e made within a period of lwelve monlhs from [he dale of ils dissolution:

Provided furher Lhat the University may, if i~ considers iieccssnry so to do. extend such period so, however, lhat the aggregate pcriod shnll no[ exceed eighteen months;

(10) to instilule degrees, titles, diplomas, cerlifica~es and other academic distincrions;

(1 1) lo hold examinalions and to confer degrces. lides, diplomas, ccrlilicates and other academic dis~incljons on pcrsons w h e -

(a) shall have pursued an approved course of sludy in [he Universily or in an affilinred. cons~ituent or proressional college or a University Laboratory or University Library unless cxempled therefrom i n the rnanncr prescribed, and shall have passed the prescribed cxnminarions of the Universily, or

(b) shall have carried on research under condiijons prtscribed;

(12) to wiihdraw or cancel degrees, titles, diplomas, ccrriiicates or other academic distinctions under such condihons as may be prescribed by Siatutes and after giving h e persons affecled a reasonable oppoflunity lo presenr his case;

(1 3) to confer honorary degrees and other academic dist inclions under conditions prescribed:

(13) to inslitule and make appointment lo Professorship, Readership, Lccrureship and orher posw required by lhe University for h e purpose of imparung instruction or conducting rcsearch in h e Univcrsity;

(1 5) to creale posts, as and when required,, of officers and employees 01 [he University besides those provided for in his ACI and lo appoint persons lo such posts;

(16) to institule fellowships, lravelling fellowships, scholarships. studenrships, sripends, bursari&, exhibibiiions, medals and prizes lo be awarded obt of Ihe ~ n i v e r s i l ~ Fund;

(17) to prcscribe, subjec~ 10 the provisions of h i s Act, rhe constiLuuon, powcrs and duties of the Boards of Studics, Finance Comrnit~ee and other bodies;

XXV of 1981.1

(Cltuprcr 11.-Tlie Utr iver.cily ar~d irs nJ/ic~'rs.-Sec~ ion 4. )

( 1 8 ) LO prescribe the powcrs anti dulies or orficers or rhc University;

(19) 10 prescribe, subject lo the provisions of h i s Act, the lerms and conditions orscrvice, including Lbe rulcs of conducl and discipline, and the emoluments for 311 p o s ~ ~ o f Teachers and orher ernplovees of rhe Universily;

(20) to make provisions Tor provident f~tnd and othcr funds for Ibe employees or ~ h c Urliversity;

(21) ro esrablish, maitltain and nlanagc hostels and ollier places of residence For [he sludenls, Teachers, Officers and other employees or the Univcrsi~y;

(22) lo recognize hostels and orher pliccs of residcrice and withdraw rccogiiition ~hcreol;

(23) lo prescribe. dcn~aild and receive recs, fines and othcr charges:

(24) to provide for rhe supervision and controI of residence and discipline of studcnts of rhc Universi~y and LO make arringemznts Tor promotion of rhcir. healrh nnd general we1 fare;

(25) tn cottducr, co-ordinnlc, regularc and conrrol post-gmduare research work and teaching in the Univcrsi~y, the conslilueni and affiliated colleges and the ios~ilutions recognized by the Universily;

(26) to make grants lo h c Ndional Cadel Corps and the Naiional Social Servicc Trom [he Universily Fund;

(27) 10 enter inlo an agrccmenr wirh the Statc Government or with the approvnl of rhe Slate Government with wy olher Govcrnrneilr or with any person, body or authoriry for the raking over by lbe University of rlie manngernenl of any collegc or insritulion, including its assers and liabililics, or for any olhcr purposc nor repugnanl lo Lhc provisions of this Acr;

(28) to acquire, hold and dispose of properLy, movable and immovable, and 10 mabc grants and ndvances Ibr furthering any or ils objects;

(29) lo accepl and administer gifts, endowmenls and beneBcrions, fur the rurtherance of any or i ~ s objecls lor the University or on beholr of any instilurion established by, affiliated ro, or recognized by, the U~~ivcrsity;

(30) to instilure awards, fellowships. lravelling rcllowships, scholarships, studenlships, stipends, bursaries, exhibitions, medals and prizes:

Ofliccrs or the Unitcrsi~y.

The Norrh Bengal Unirersiry Acf, 1981.

[Wcsl Ben. Act

(Ciiaprer II.-The U~rivursiry a~rd its oflcers.-Sectiot~i 57.)

(3 1) to accept grants rrom the Cenml or any State Governmcnl or lhe Universily Grants Commission, and, wirh he approval of ihe Sra~e Government, also from olher sources, to raise loans, or to accepi loans from the Central or the Slate Governmenior [he Universiry Granls Commission and from other sources:

Provided that raising or Iaans and acceptance of loans from other sources shall require he approval of the Srale Govzrnment;

(32) lo co-opcrare with other universilies, inslilulions and educa~ional aurhoriries in matters that relale lo and further the educational objectives of the University;

(33) generally to d o all such acts and rhings as may be necessary or desirable for, or incidenlal lo. [he advancement of h e

, objects or purposes of [he University.

5. ( 1 ) Save as otherwise provided in this Acr, the powers of the Utliversity conferred by or under lhis Act shall exlend lo [he whole of each of the d i s ~ i c t s referred 10 in clsusc (5 ) of secdon 2.

(2) Notwithsranding anything in sub-seclion (I), the tcmlodal limits of [he University shall no1 include any area which, far the rime being, is included wilhin the local limits of jurisdiction of any olher university established by law wirhin Wesr Bengal.

(3) Norwithsranding anylhing conldned in sub-secion (I), any collcge or institution siluated beyond the limils of any dis~rict referred ro in clause (5) of seclion 2 may. with the sanction of h e Stare Governn~ent, apply to the University for affiliation and thc University may, subject lo such condi~ions and restrictions as i~ may wirh the approval of thc Srate Government think fil to impose, affiliate ro i tse l f such college or institurion and admil the same to all [he privileges of the University.

Ti. The Univcrsi~y m a y delegare such of irs powers as il may dccm expedienl lo any or [he aulhoritics cotlstitutcd under section 16 or to any of its orficers, and, may at any lime withdraw, at i b discretion, any power so delegated.

7. The following shall be he officers of Ihe University:-

(i) the Vice-Chancellor,

(ii) the Regislrar,

(iii) the Finance OTficer, and (iv) such other persons in [he service of the Universiry as the

Universily may declare to be officers of rhe Universily.

xxv or 1981.1

S. ( I ) The Governor shall. by virlue or his office, be the Chancellor 'Ihc

, of [he University. Hc shall be [he head of the University and the President chJncci'Or

of the Courr and shall, when present, preside ovcr [he meetings or the cour1.

(2) The Chancellor sllall exercise such powers as may be cotlferred on him by or under rhe provisions or this Act.

(3) Whcrc power i s conferred up011 the Chancellor la make nominalions ro any authority or body of the University. [hc Chancellor shall, to thc exlcnt necessary, norninate persons to rcprcsenl i l i~eres~s nar olherwise adequn~cly represented.

(4) Every proposal lo confer any honorary degrcc shall he subjecl ro confirmalion by thc Chancel lor.

9. ( 1 ) The Vice-Chancellor shall be appointed by the Chancellor l 'hc Vicc- Cliancclior.

on [he unanimous recommendalion of the Cour~. If the Court fails to I

make any such recommcndarion, I he Vice-Cba~~cellor shall be appointed by rhe Chancellor in consuIt;l\ion with rhe Millister from a panel of three persons to be elecred by thc Cuur~ in accordance with [he systcrn of propor(iona1 representarion by mcilns of ~ h z single iransrerable vote.

I I (2) (a) Thc Vice-Chancellor sllnll hold officc Tor a term of four I

years or Lill he nrtnins the age of 65 yenrs, whichcvcr is earlier, and shall be eligible for re-appoinlmen~ For another term of four years or rill he attains [he age of 65 yenrs, whichever is earlier.

(b) The Chancellor may, nolwiths~anding [he expiration of the term of the office of die Vice-Charicellor or his altaining the agc of 65 years, aIlow him Lo continue in office Lill a successor assumes office, providcd [hat he shall not continue as such for any pericd exceeding six months.

(3) The Vicc-Chancellor shall be a wholc-time officer or thc Universi~y and shall be paid from the University Fund such salary and allowauces as the Chancellor may decido in consullalion w i ~ h Lhe Srilre Govemmcnt.

(4) The Vice-Chanccllor may resign liis office by writing under his hand addressed lo [he Chancellor.

( 5 ) If-

(a) lhe Vice-Chancellor is, by reason or Icnvc, illness or other cause, rcmporari ly unable ro exercise thc powers and perfonn h e dutics oC his office, or

(b) ;I vacancy occurs in [he office of the Vice-Chancellor by rcason of death, resignation or expiry of the lerm of his orlice or otherwise.

[West Ben. Act

then, during the period of sucl~ temporary inability or pending Lhe appoit~ume~~t of a Vicc-Chancellor, as the case may be, h e Chancellor io consultation will1 ~ h c Minister may appoint ally person to exercise the powers a i d perrorrn ~ h c dudes of [he Vice-Chancellor.

(6) Thc vacancy in h e office of the Vice-Chancellor occurring by reason ordcatb, resignntiol~ or expiry of [he Lerm of his oflice or olhenvjse sl~al t be filled up by appointment or a Vicc-ChancelIor ill accordance with the provisions of sub-secrion (1) within a period of six ~nonlhs from the date of occurrence or ~ h c vacancy.

Powcrs and 10. (1) The Vicc-Chancellor shall be lhe principal execulive and tluria LIT lllc Vicc- acadcrnic olficcr of thc Universily and shall, in the absence of rhe C l n c c l r Chnnccllor, preside over the meeting of [lie Cour~. Hc shalt, by virluc

or his office. be n member a ~ t d [he Clinirmiln or Ihc Executive Council a~ld the Facul~y Cou~iciIs for posl-grilduale sludies and also the Chairman of any other aulhority or body of the University of which he may be a tnember. He shall also bc cnli~lcd to be presenr a1 and lo address any ineering of ally orhcr aulhoriry or body or the Universily of which he may nor bc a member, bill shall not be eutitled to vote rhereat.

(2) The Vicc-Chnnccllor shall have Ihe power to convene meelings of the Court, rhc Exccutivc Council, Lhe Faculty Cout~cils for posk graduare studies, thc Councils for undergraduate sludies and of any other authorily or body of thc University.

(3) Ir shall bc rhc duty or the Vice-ChancelIor to ensure [hat Lhe provisions or this Act, and k e Sta~utes, the Ordinances and the Regulations, arc IaithfulLy observed, and 10 take such aclion as may be necessary for Lhis purposc.

(4) Thc Vicc-Chunccllor shall have the power to exercise general co~llrol and supervision over all other officers of the Universily and over all Tcachci-s and cmployccs of thc Universily and-generally over all [he aITairs or thc Univcrsily.

(5) The Vice-Chancellor shall eitercisc such orhcr powcrs and discharge such othcr duties as may bc delegated to him by any authorily or body of the Univcrsi ty or as may be prescribed by Slalules, Ordinances or Rcgula~ions.

(6) The Vice-Chanccl lor may takc on behalf of the Universily such aclion as hc may dcem cxpcdicnl in any matter which, in his opinion, is either urgenr or of an enicrgcnt nnlure and shall report the same Tor confirnlalion at thc next mcc~ing of the aulhoriry or body which in the o rd i~~ary coursc, would hi~vc deal1 with the rnalter:

Provided Ilia[ ir lhe aclion taken by the Vice-Chancellor is not approved by he autliori ty or body conccmed, the matier shall imrnedintcly be referred to thc Chancellor whose dccision Lhcreon shalt be Iinal.

Tltc Arorlh Berlgol Utlivet.siv Act, 1961.

XXV of 1981.1

(7) The Vice-Cl~anccllor may, with thc approval or thc Execu~ive :: Council, at any tirnc delegale any of his powers othcr tliaii Ihe powcrs

referred Lo in sub-seclion (6) to any alher officer subofdinarc ;o him.

11. ( I ) TheRegistrorshallbeawhulc-~in~eofficeroTtheUniversily. He shall be appointed by the Executive Council on the rzcommcndu~ian of a cornmiltee consisting of the Vice-Chilncellor ils Cllairman. a notnincc of rhc Chancellor, I W O nominees of thc Execurive Council and a nominee of he State Govcmmenl.

(2) The Registrar may resign his office by wriling under his hand addressed to lhc Vice-Cha~~cellor.

(3) If the Registrar is for any rcason temporarily unable lo cxcrcise the powers or perform the du~ies of his orlilicc, he Vice-Chancellor with the approval of the Execulive Cauncil may nppoint a Teacher of the Universily or an officer of thc Uoiversiry temporarily for a lollrl period nor execceding six months LO exercisc thc powers and pcrfarm rile duties of rhc Kegiswar.

12. Subject to the s ~ p e ~ i s i o r ~ , direction and gencral control or the Vice-Chancellor, thc Regisrrar shall acl a [he Secrc~ary of the Coun as also of the Executive Council and st~all excrcise such powers and pcrForn~ such duties as may be prescribed, or delegalcd lo him by or under this Act and the Slatulzs, ~ h c Ordinances or the Regulalions. as the case may be.

Thc Regisrnr.

Powcrs :~nrl I d u l i ~ ~ nr lhc Rcgihlr;~~.

13. (1) The Finance Officer shall be a wholc-lime olficcr of Ihe 'l'hc I'liiancc

Univeisily. He shall be appointed by thc Execulive Council on the Orficcr.

reco~nmendarion aT a comnultee consisling of rhc Vice-Chnncellor as Chairman, a nominee of [he Chancellor, two nominees or the Execulive Council and n nominee of thc State Govtmmenl.

(2) Thc Finance OfIiccr may resign his office by wriling undcr his hand addressed Lo the Vice-Cl~anccllor.

(3) IT the Financc Officer js for nny reasoti ~cmporarily unable lo exercise the powcrs or perform the duties of his office, h e Vicc-Chancellor wilh the approval or the Execulive Council may appoin~ n person rcmporarily for a Lola[ period not exceeding six monrhs lo exercise the powers and petlorrn h e duties of h e Finance Ofhccr.

14. (1) Subjecl to thc supervision, dil-echn and gcncral co~ l~ro l of t'oivcrs and duties of rllc ~ h c Vice-Chancellor, he Finance Officer shnll be in cliargc of d ~ e

adminisualion of the funds, rhc finances and he propenies and asscts Omccr.

of the University and of all trus~s and eodoivn~enb; and he shall lake special interest in aclivilies, (hat aim at raising funds Tor rhe purposes of the University and augmenting the resources of [he Univcrsily.

T / I ~ Nor111 Berrgal Utliversiy Acr. 1981.

[Wcsl Ben. Act '

(Cl~rrptcr !I.-Tf~c U/~i~~ersity and irs of lcers .Sec~ion 15.- Cirapter 1II.-A~rrhori~ies nf tAe ~ r ~ i ~ ~ e r s i ~ - ~ c u l i o ~ ~ s 16, 17.)

(2) The Finance OCliccr shall exercise such olher powers and perform such other duties as may bc prcscribed. or delegated to him by or under this Acl and the Stntulcs, [he Ordinances or Lhe Regulations, as the case may be.

S u p c ~ i s a r ~ 15. In their respective spheres of du~ies, the Regis~nr and t hc Financc po\r.LhrA a( ,hc ~~~i~~~~ Officer shall, subject to h e provisions of this Acr, have the power of and rhc supervision and control ovcr all officers and employees serving in Finnncc Ofliccr. departments under [heir chargc and shall exercise such disciplinxy

power as may be confcrrcd on them by or under this Act or by Sralules or Ordinunccs.

CHAPTER III

Aulhorilies or the University

Aurhonlics, 16, The follotving sllall be aulliariries of [he Universi1y:-

( I ) the Court;

(2) the Executive Council;

(3) the Faculty Cou~~ci ls for posl-gnduale sludies; (4) the Councils far undergraduatc sludics; (5) [he Boards of Studies;

(6) the Finance Comnlillee;

(7) such orher authorities as may be eslablished under h e Sralules.

Thr: Courl. 17. (1) The Court shall consist of the following:- (a) ex oficiu t~errrbers

(i) the Chancellor;

(ii) Lhe Vice-Chancellor:

(iii) the immediately preceding Vice-Chancel lor;

(iv) the Deans of the Faculty Councils lor post-graduate studies;

(v) rhe Secretary, Education Departmcn~, Government of Wesr Bengal '[or his nomincc not bclow the rank of Depur~y Secretary lo Lhc Govcrnmenr of Wcst Bengal];

(vi) the Secrelary, Finance Department, Governmen1 of West Bengal or his nominee not below the rank of Depury Secretary to [he Governrncnt of West Bengal;

'The *or& wiihin ~ h c square b ~ ~ c k c t i wcrc inscncd by s. 6(b) of thc Wwl Bcngal University Lu-s (Amcndrncnt) Acr. 1986 (\Vcsl Bcn. Acl XX or 1986).

The Nortli Bengal Utiiversiry Acr, 1981.

XXV or 1981.1

(Cl~ol~rcr Ill.-Arr111ori1it.s of rhe Utli~ler.rity.-Scfliorl 17.)

(uii) the President, W e s ~ Bengal Council of Higher Secondary Education;

(viii) the Presidcn~, WCSL Bengal Board of Sccondary Educa~ion:

(ix) thc Principal, DarjeeIin~ GovernmcnL College;

(x) [he Principal, Norih 13cngal Mcdical College:

[(xa) h e Principal, Norlh Beng l Denral Collegc;

(xi) t he Principal, Jnlpaiguri Governnienr Engineering College;

(b) eIec~ed n~ett~bcrs

(xii) four Professors or the Universiry Depanmcn ts elected by such Professors rrom nn~oiigsl ~hemselvcs or whom at Icas~ one shall belong to any Deparlment unrlcr cach Facul~y Council for post-gmdua~e srudies '[in Arls, Commerce, Law and Science]:

(xi ii) eIeven Tenchcrs of rhe Universiry Dcparlmenrs olher than Prolessors cleclcd by such Teachers from amongst themselves of whom ot least four~sl~all belong LO the Deparlmenrs under cach Fuculry Council for posl- graduate s~ud ies '[in Ark,. Cotnmecce, Law and Science];

(xiv) Len Teachers, other than Principals, clec~ed by [he Teachers or nrIiliarcd colleges (olher h n teachers' training, engineering and medical collcgcs) From amongst then~selvcs of whom at least one shall be a woman;

(XV) one Tcacher elecled by thc Tcachers of Teachcrs' Training Colleges frotn amongst themselves;

(xvi) two Teachcrs elecled by rhe Teachcrs of Engineering College from amongst \hemselvts or whom one shall be a Proressor and one shall be a Tcacher oll~er than a Professor;

(xvii) two Teachers elected by ~ h c Teachers of Mcdical Collcge from amongsl themselves of whom one shall he a Professor and one shall be a Teacher other khan a Professor;

'Clausc (xa) was inrcncd by s. 3(a) of thc Nonli Bengal Udivcrsily (Arncnd~ncnt) Acl, 1993 (Wcsr Utn. Act Vlll or 1993).

'Words tvilhin Ihc squnn: bnckcls wcrc insened by s. 3(b) { i ) , ihirl. JWords wirhin thc quarc bnckca wcrc inbcrtcd by 5. 3(b)(ii), itjid.

[West Ben. Act

'(xviia) rwo Tcachers elec~cd by 1heTcachers orDcnral Collegc ham amonpsi rhemselves of wl~om one shall be a Professor and onc sliaIl bc a Teacher orher than Professor;

(xviii) lllree Principals of affiliated colleges (other lhan Medical ?I, De11tnl1 and Engineering colleges), oFwhom cnc shall be a Principal of a Tcachers' Training College, clccled by ~ h c Principals of all slfilinled colleges;

(xix) lhrllc persons elccled by the regislered grfiduares Irom arnongsi themselves;

( x x ) Lhree mcmbers of the Wesl Bengal Legislative Assembly from the Assembly constimencics within rl~e tcrrilorial jurisdic~ion or the University elecled from ainongst Lheinselves by (he members or [he West I3engal Lcgislarive Assembly of whom one shall belong ro rhc subdivision of Kurseong or Kalimpong or Sadar sub-divjsion of [he dish-ict of Darjccling:

(xxi) thicc regular post-graduate siudenrs of the University of whom one shall be a lady s~udcnt, elected by such studcnrs from amongst thcmselves.

E.rplat~ariu~~ I.-"Regular poa-graduate student" shall mean ;l sludenl who has been proseculing his s~udics in a posl-gradu+c dcpan~lienl oi the University under any Faculty Council Tor post-gmduzl~e sludics and who is not in dchutt or paymenr of prescribed tui tion fees and oher dues of Ihc University till such darc as may bcnolified by Ihe University in [his behall. , .

. . E s ~ ~ l a ~ r a t i o ~ ~ 11.-Nolwithshnding anylhing contained

clselvherc in thisAc1, a regularpost-gnduale studenr elecred , . . . . under h i s clause shall hold orficc For a period of lwo years . ,

- . - ... . from the date or his elecrion or till he ccases lo be a reguIar post-grndua~e sludenl, whichever is earlier;

(xxii) "[lvo regular sludenls of undergmduateor past-graduale degrcc classrs of ilFfilinted colleges, of w ham one shall be a sludent of s Governrnenl College, clected jaintly by such undergnduale and post-graduate sludenls from amongst ll~e~nselves].

--

'Ciaubc (xviin) jcw inscncd hy 5 , .f(b)(iii)ofthc Nonh Bcngal University (Arncndrilcol) Acl, 1993 (IVcst UCII. Acl VIIl of 1Y93),

T h c word within ~ l l c square bnckc~s wa inscncd by s. 3(b)(iv). ibirl. 'lhc \r.urds wilhin rhc srlunrc bn~%cls wcrc suhhfi~utcd for h c words beginning wit11

"IN-o rc~ulnr sludcnts" and t id ing rvilli "limn ilrnongsl d~crnselves;" by s. 3 or Ihc N ~ r l h Bcngal Univcrsily (Arnrndn~cnr) Act, 1983 ( W a c Bcn. Acf X X uf 1983).

XXV OF 1981.1

Explonn~ion I.-"Regular s!udel~!" shali meal1 n srudenl who has becn proseculing 11is s~udies in iloy strcam ill at1 undcrgradua~e or posr-graduate degree class or :111 affiliated collcge and who is not in defaull of puymcnt of prcscribcd luirion rees and oliier dues or such collcgc till such dntc ;is may be norilied by [lie Univcrsiry in this behalr.

EE~plnt~n~iotr !I.-Norwi[lis[a~~di~ig anything con tnincd elsewl~erz in [his Acr, a regular s~udcnl clccted 11nrlrr this clause shall hold ollicc rut a period or 1h1-ee years [roll1 1112

date of his ctcction or [ i l l he ceases 10 be a regular sludzlu, whichcver is earlier:

(xxiii) one Research Scliotar or Rcscrrrch Fcllow of Ihc Univerdty eIecred by such Kcsearch Scholars and Research Fellows.

E~plarvlriot~ 1.-"llesearcl~ Sciiolar" or "Research t;ellow" shall meat\ a wbole-1i11ie Research Scholar or Rcscilrch Fello\il of ltlc University who rcccivcs a stipcntl horn the Universiry .

E~plflnfltio~; 11.-Notwi~hs~anding aayrhiog co~~!aiued elsewhere i n this Act, a Rcsearch SchoIar or a Research Fellow clccted undcr this clause shall cease to hold office on the expiralion of the term of Research Scholarship or Research Fellowship, as the case may be;

(xxiv) one ~neniber to be elected by ~l ic Librarians or Ihc Universily and rlle colleges arfilialed 10 the Univcrsi~y from amongst Ihernselves;

(XXV) three members elec~ed by the mcinbcrs of lhe non- leaching staff or lhe Univc r~ i l y frvm ;taloiISst themselves;

(xxvi) two members elecred by the inetilbers OF the lion- reaching slalf of colleges affilialed to the Univcrsiry horn amongsr Ihemselves;

(xxvii) one member elecred by [lie oflicers of the Universi~y rrom amongsr lhemselves;

(xxviii) four persons nornillared by thc Stair Govrmmrn~ or

wbom-

(a) une shall bc a lnenlber 01 n regislered wade uliiorl within lhc (errilorial jurjsdicrion of [he University,

(b) one shall be a rne~riber ofa peabrrn~s' orgrrnisarion ivirhin the ~errilorial JUI-isdiclion of [he Universiry,

[West Bcn. Act

(Clrupfer II1.-Arrlhorirics of ihe Llliiver.sity.-Sccriolr IS.)

(c) one shall be a rnernbcrola primary school teachers' nssociation wilhin the tenilarial jurisdic~ion of the University, and

(d) one shall be n member oT il secondary school rcnchers' associalion within the territorial jurisdic~ion of the Universily:

ljxxix) one p c r s o ~ ~ nominated by ihe S~nre Governmen! from amongsr rhe members of the Darjeeling Gorkha Hill Council cons[ilu~ed under [he Darjeeling Gorkha Hill IVcsr Rcn.

ActX I I Io f . , - Council Act, 1988; . . . , . 1985, . . , . . -

(xxx) lhrce persons nominared by [he Chancellor 10 secure . . .

the rcprescnration of the professions;

(xxxi) onc person nominaled by the Governrnen~ of Sikkim.

(2) All elec~ions lo the Court shall bc heId in the manner prescribed by Statutes.

I'owcmand IS. (1) Subject to such conditions as may bc provided by or under iunurions nf ,hcCoun. the provisions of rhis Acl. the courl shall exercise [he Ibllowing powers-

and prriorm rhe l~ l low ing funcrions:-

(i) [o es~i~blish Univcrsily Deparlmenk, inslilutions, centres, libraries, laboratories and muscums Tor study and research;

(ii) to creatc and inslilule. with ~ h c approval of [he Srale Govcrnmcnt, Pr~fessor~hips, Readerships, Lectureships and such pos~s including posts of officers as may be necessary for Ihe establishmen1 of the Universily Dcpar[men[s, insritu~ion, cenucs, libri~ries, laboratories atld museums referred 10 in clause (i);

(iii) to institule degrecs, ~itlcs, diplomas, cerrificates and orher academic distinctions;

(iv) lo institute rellowships, travelling fellowships, scholarships, studenlships, sripcnds, bursaries, cxhibilions, medals and prizes to be awarded o u ~ of the University Fund;

(v) LO confer degrecs, [illcs, djplorn~c, certificnles and olhcr academic disrinctions on persons who-

(a) have-pursued prescribed courses or srudies or have bcen exempled rhcrefrom in the manner prescribed, and have passed such examinations as may be prescribed, or

(b) have carried on research in nccordal~ce wilh such condiiions as m a y be prcscn'bcd;

'Clausc {xxix) w s subs~iluled for original clnurc by s. ?of rl~r: Nudl Benznl University (hrncndmcnt) Aci. 1991 (\VCSL Urn. ACI 111 ni 1991),

T f ~ e Nortlr Betrgt~l Utriversily Acr, 1981.

(vi) to withdraw or to cancel degrees, litles, diplomas, certificales or othcr i~cadcmic disrincrions under such condilions as may be prescribed by Stntutcs and after giving rhc pcrson affecred a reasonable opponuuity 10 present his case;

(vi i) LO conrcr honorury degrees or other academic distincrions;

(viii) lo considcr thc Annual Stn~cmcnt of Accounts and rhe Annual Financial Esrimalcs approved by ~ h c Executive Council and to pass such resolurions relaring lhcrcto as may be considered necessary:

Provided that for the purpose or passing 3 resolution modifying or rejecring any such Annual Financinl Estimates it shall be necessary for a majoriry or the tolnl number of members of the Court existing ar [he rime of vote in favour of hc rcsolurion;

(ix) lo consider h e AnnuaI Report as prepared by Ihe Execulive Council and to pass such resolutions relaling rherero a5 may be considered necessary;

(x) lo consider and advise on such olher reports from the Exccudve Council or any other body as may bc made to it;

(xi) lo consider, and advise on. proposals horn lhc Executive Council for en~ering inlo agreemen1 wilh !hc Governmenr or, with the approval of the State Governrnenl, with any persons body or authority for the raking over by Ihc University or the management of any college or instilulion, including i ts assels and liabilities, or Tor any ohe r purpose not rcpugnanl lo ~ h c provisions of this Act;

(xii) to considcr, and advise on, proposals from h c Execulive Council lor co-operation with other universiries, insliru~ions and educational authorities in matlers thar relale to or further the educniionnI objectives OF the Universiry;

(xiii) to consider and suggesl measures for [he impmvcment of the administration and finances of the University, and generally for the fuflherance of its objectives;

(xiv) to make rules for the tnnsaction ol its own business;

(xv) lo exercise all other powers and perform all olher funclions conferred and imposed on the Court by or under this ACL.

(2) Thc Cour~shall no1 exercise the powers and per tom thc functions rerzrred l o in clauses (i) LO (vi i) or sub-seclion (1) excepl on thc recomrncndadon of [he Exccutivc Council, but may send proposnIs i n respecl ihercof to the Executive Council for ils--recommendalion.

The North B L ' I I ~ ~ I ! Utiiversity Act. 1981.

! [West Ben. Act i

(3) The Court shall hnvc the p w z r to review the action or lhc !

Executive Council. save wherc [he Execu~ive Coui~cil has acled in I

accordance with llle powers crsnrcrred on i i by or under rhis Acr:

Provided [hat iT any ques~ion arises as to whether the Exccutive Council has acled in uccordnnce wilh [he powers conferred on i t by or under l h is Acl, thc matter sha l l be decided by rdcrence to [he Chonccllor whose decisiou shall bc final.

Mccrings Of 19. (1) Thc Coun sliall meet n l leasf thrice in a financial ycilr, other l l lc Court.

than for cotlvoca~ion, on dates lo be fixed by lhe Vice-Chanccllor. One . .

01 such meelings sl~all bc held before March and shall be caIlcd the . . . .

Annual Meeririg. The Courl may also meel a1 such other titnes as il may, from timc 10 lime, decidc.

(2) Onc-third of the iota1 number OF members of the Courlpl[rs onc shall be a quorum for a neer ring or [he Coun:

Provided rhal such quorum shall nor bc required a1 a convocation.

(3) Thc Vice-Chancellor may, whenever he thinks f i t , and shall, I !

upon arequisirion in writing signed by not less tllan one-hird of members of the Court, convene a meetjng of the Coug. A mecling on such requisition shihI bc held within firreen days ofthe receipt orthe requisilion by rhe Vice-Ch~nccllor. 1

Thc 20. ( 1 ) The Execulive Council shall consist of the rol1owing:- Exccul ivc Council. (a) r.s o f i i n I I I C ~ I I ~ P T S

(i) the Vice-Chancellor;

(ii) the Deans of the Faculty CounciIs forpost-graduate studies:

(iii) the Secrelary, Education Depnrlmcnt, Governrnenr of Wesr Rengal '[or his nominet not below rhc rank of Depuly Secretary ro the Govcrnrnenl of W e s ~ Betlgal];

(iv) the Secretary, Finance Deparhnent, Governmenr of W e s ~ Bengal or his no~ninee no1 below the rank or Deputy Secrclary to the Government of Wesl Bengal;

(v) [he Presidcnl, Wesl Bengal Council or Higher Secondary Education;

(vi) lhe Priucipal, Dnrjeeling Governrncnl College; (vii) the Principal, Jalpaiguri Goverr~mcnl Engineering

Colleze;

'Thc words ivithin ~ h c squ.uc bn-kcls wurc inscr~cd by s. 6(c) of rhc lVcsr Bcngal Univcuiiy Laws {An~cndmcnr) Acl, 19SG (Wcs! Bcn. Au! XX or I9Uh).

The Nortll Bc~igul U~iiver~ity Act. 1981.

XXV of 1981.1

(viii) the Principal. Norlh Bengal Medical College: '(viiia) [he Principal, Norlh Bengal Denlal College;

(b) elecled rnetlibers

( i x ) two Professors clcctcd jointly by the ProFcssors of the Faculty Councils for post-gradualc studies '[in Arts, Commerce, Law and Scicncc] from amongst lhemselves of whom tlol more Ihnn onc shall belong to the same Faculry Council;

(x) two post-graduate Teachers, other than Professors eleclcd j o in~ ly by the Teachers (other than Professors) or thc Faculty Councils for post- gnduale srudies '[in Ads, Commerce, Law and Science] from amongsr themselves of whom not more than one shall belang to lhe same Facully #- ' ,auncil;

(xi) (a) one Professor of the Universjly elecled by such Professors of the University as are mcnlbers O F the Court From amongst themsclvcs,

(b) one post-gnduate Teacher of [he University other han a Pmfissorelec~ed by such Teachers ~5 are members of lhe Court from ainongsl thcmsclves,

(c) one Teacher o r an undergraduate college elected by such Tenchers or undcrgradunte colleges as are members of the Courl from amongst rhemselves;

(x i ) one person, olher than a Teacher or o sludent or a member of the non-leaching staff or an orficcr, elected by such persons as && members or thc Court (olher rhan Teachers, srudenrs, members or the non-leaching staff or officers) rrom amongst themselves- '(a) one non-leaching slaff of [he University

elected jointly by such non-teachjag sraff of the University and the aFfi liated colleges as are members of the Courr from amongst themselves,

'Clausc (viiia) was inscncd by s. 4(a) of h e Nonh Bcngal Univcsiry (Amcndmcnr) Act, 1993 (West Bcn. Act VlIl of 1993).

%c words wihin thc square bnckca wcrc inscrred by s. 4(b)(i), ibid. 'Thc words wirhin thc squarc b r ~ c k c ~ s wcrc inscrrcd by s. 4(b)(ii). ihid. 'Sub-clauses (a) and (b) wcrc suhstitutcd Tor original sub<laus~s by a. 4 uT thc Nonh

Bcngal Univcrsily (Amcndrncn~) ACT, 1983 (War Ucn. Acr XX 01 1983).

The Nor~fr Uengal Ut~iversiiy Aci, 1981.

[West Ben. Act

'(b) one posr-graduate studcnr elccled jointly by such pox-gmdua~e srudenls or thc University and studenw of [he affiljaled collcges as arc mcmbers o f [he Courl from amongsl thernselvcs,

(c) one member of [he Wesl Bengal Legislative Assembly clcctcd by such members of h e Wesl Bengnl Legislalivc Assembly as are members of [he Courl from amongst

themselves;

(xiv) the member elected under clause (xxvii) of sub- seclion ( I ) of section 17:

(XV) row persons clcctcd by the members OF the Councils for undergradunlc sludies horn amongst ~helnselves of whom-

(a) two shall be Teachcrs other than Principals, from the Council for Undcrgraduate S~udies i n Arts, Science, Commerce and Law.

(b) one shatI be a Teacher, other rhan a Principal, from lhe Council For Undergnduale Srudics in Engineering and Technology, and

(c) one shall be a Teacher, olher than a Principal, from h e Council for Undcrgraduate Sludies in Medicine ?[and Denlislry];

(xvi) onc Principal e l e c l d by such Principals of collegcs impming inslruclion in A m , Science, Commerce and Law as are members of the Council for Undergradua~e S~udies in Arb. Science, Cammcrce and Law from arnoogsl rhernselves;

(xvii) one person llominared by rhc Chancellor.

(2) All elections lo the Execu~ive Council shall bc hcld in the manner prescribed by Slarutes.

(3) One-lhird of the loral number or members or tile Execuiivc Council plrrs one shall be a quorum for a meetitlg or the Executive Council.

-'The words within rhc squarc hnckcLx wcrc inscncd by s. 4(b)(iii) of Ihc Nonh DcngaI University (Amcndmcnr) Acl, 1993 (\Vest Ucn. h c l VIll of 1993).

77ie Nurflr Berrgol Utliversiry Acr, 1981.

XXV of 1981.1

21. Subject ro the provisions of this ALL, hc Exccu~ive Council shall Po\xrcrs and iunl-[inn n l

':A exercise ~ h c following powers and perform thc rollowing func1ions:- ,h,

(i) ro iniliare proposals for [he making oTSlatules and Ordinances EE,':ip jncIuding proposals for amcndment or repeal thereof, in the manner hereinaher provided;

( i i ) to recommend lo [he Court, afier consuIdng thc respecrive Faculty Councils Tor posl-graduate studies, lhe establishment of Univcrsily Deparlmenls, institulions, centres, libraries, laburatodes and museums For study and research;

(jii) to mainlain Univcrsily Depar~menrs, University insti[u[ians, Universi~y libraries, University lahoralories and Univcrsily museurns;

(iv) lo cslnblish, mainlni~~, manage and recognize Halls and Hoslcls:

(v) lo direct the inspecrion of University libraries, Universily laboralories, Universily museums. Halls and Hoslels:

(vi) lo recommend lo the Courl, after consulting the respective Facul~y Councils lor posl-gradua~e srudies the insli~ulion or rcllorvships, travelling Fellowships, scholarships, studcnuhips, stipends, bursaries. exhibitions, mcdals and prizes, the cxpenszs of which sl~all be met from the University Fund, and ta award rhz same after institurion thercof by the Court;

(vii) lo recommend to h e Coud, ;lf cr consulting h e respeclive Facully Councils for post-graduate studies, [he crearion and ins~lulion of Professorships, Rcadcrships, Lectureships and such posts as may be necessary Tor thc csrablishmenl of the Universily depanments, inslitulions, ccnrres, libraries, laborarories and museums referred lo in clause (i) of sub- section (1) of section 18;

(viii) to creale, wirh [he approval of the S~arc Governmcnt, pos~s orofficers, Teachers and other employccs o l Ihe Univcrsily or to recornmend lo the Court for crca~ion or posrs or orficers and Teachers of he Univcrsi~y;

(ix) to prescribe Lhc minimum qualifications For post ororficcrs, Teachcrs and olher employees of the University;

(x) LO appoint Teachers, officers and employees of the Univcrsily and to fix [heir cmolumenls and define heir duties and other lerrns and condirions of service in accordance with the .Slalures and the Ordinances and to suspcnd, dischargc ar

otherwise punish in accordance wilh Lhe SLa~u~es and the Ordinances such Teachcrs, officers and employees:

[West Ben. Act

(xi) to p a s appropriare orders on the basis of the recommendalion or the respeclive Council for uodergndu;ae s~udies regarding affiliation of a collcgc or an inslirurioo in one or more subjab or wirlidnwal or affiliation or recognition of a collcge or an insti~ution or temporary lakc over or the management

of an affilialed or a rccognised college or insdtution;

(xii) to makc draft of Statures. o n he recommendation or the respecrjvc Council for undcrgraduale siudies, for colleges, other than Governrnenl Colleges, prescribing h c canstituLion, powers and functions of [heir Governing Bodies;

'(xiii) lo de~crmine, with [he approval of the Stale Government, the rerrns and conditions of scrvice of Teachers, Librarians and non-leaching slaff or affiliated colleges other lhnn Government Colleges;

?(xjv) [o make rules for Teachers' Council Tor all affilinrcd colleges nod, wirtl lhe approval of the Slatc Governrnenl, rules far provident fund for affiliaied colleges other than Government Collcgcs;

(xv) ra prcscribe and colIecl rees or chargcs Tor the regisIralion ofsrudcnls and their admission to coursa ofstudies organised by h e Universily, for holding examina~ions, €or the gnni of degrees, diplomas and cerljficales. and for orher like purposes;

(xvi) to reconunend to Lhe Courl, artcr cansulung the respecrivc Facul~y Councils for post-graduale studies, the institution of degrees, titles, diplomas, certificates and ather academic distinctions;

(xvii) lo recommend to the Courl, on the advice ofthe appropriate body. [he confermen[ oldcgrees, dtles, dipIomas, cerlilicales and oll~er academic dislinclions on persons who have pursued prescribed courses of sludies or have beco exempted therefrom in thc prescribed manner, and have passed such exnminaliot~s, or have carried on research under such conditions. as may be prescribed;

(xviii) LO rccorrlmend to the Court, [he confermenr oF honorary degrees and olher academic distinclions;

(xix) to approvc the conslitulion or recons~lution of the respeclive department of teaching in the University on the rccomrnendalion of the respcclive Facul~y Council for post- graduare studies;

'Clauic (xiii) was subs~iruied Tor original clause by s. 6(c)(i) or the W t s ~ Bcngal University h i v s (Arncndmcn~) ACI, lq8K (WCSI Bcn. Acr VllI r r i 1988). w.c.T. 13.8.1985.

'Clause (xiv) X Y ~ subs~i~uled for origin11 clnusc by s. 6(c)(i1), ibirl, w.c.f. 13.8.1985.

Tllc Norrlr Beegal U~~ivers i ly Acr, 1981.

XXV of 1981.1

(xx) to make regulations regarding Lhe courses of studies and the division of subjecls after obtai~ting and considering thc recortimendatiotl of the Facully Council for posr-graduate studics and Council Tor undcrgmduutc sludics in this regard;

(xxi) to make regulations regarding tlte exa~ninnrions which shall be recognized as the equivalent examinations held by the Univecsily;

(xxii) Lo make regulations regarding the conduc~ or examinations

held by the University nnd h e condition under which sludcnls may be admillcd lo lhc dirkrent courscs of studies of attd the examinatiot~s held by the Uaiversily:

(xxiii) to makc rcgulalions rcgurding all othcr mutters which Itlay be or are required to be prescribed or providcd for by regulalions;

(xxiv) to provide for co-opcralion and rcciprocily among colleges.

i~~sl i~ul ions and labora~ories and lhc University so as to rostcr lhc development of academic life-and ro ensure the fulles~ ulilisation or the teaching resources available on Ihe recomrnendalio~i of rlte respeclive Faculty Council lor post-

graduate sludies or Council ror undergndualc studies;

(XXV) to give direc~ions regarding the Tom, cuslody and use of h e common seal of [he Universily;

(xxvi) ro acquire. hold and disposc of properly, movable and immovable, ~ n d to ndminislcr all asscts, properties and funds of the University. and to underlake all measures

necessary or desirable Tor thc conservation o r augrneulalion of the resaurces or [he University:

Provided Ihal for [he purpose of disposing or any properly valued a1 not less than one Iakh orrupces, previous approval of the Courl shall be necessary:

(xxvii) lo accept and administer gifts, endownlents and beneractions for the furtherance of [he purposes of h i s Act;

(xxviii) to accept gmnts and, with the approval of the Stale Government. lo raise or accepl loans on behillr of the

Universily and to make grams or advances from the Univcrsi~y Fund or other spccial ru~lds mainlaincd by the University;

Tile hror~h Bengal Urrhlersiry Act, 1981.

IWut Ben. Act

(Cllaprer 111.-Awflroritirs of the Univr.rsily.-Sec~ion 22.)

(xxix) lo cnrer inlo an agreemcnl with [be Sta~e Governmenl or wi tli the approval of the Slale Govcrnmenl wilh any other Govcmment or \\oil11 any pcrson, body or authority for [he taking over by rhc Universily or thc nianagemenr or any college or institution, including i ~ s assets and liabilities, or for any orher purpose not repugnanl to Ihc provisians or this Acr on the recomme~tdalion ofthe Facully Council for post- graduate studies or the Council for undergraduate s~udies concemcd;

(xxx) lo manage the Press Establishment. 1he.Publication Burcou and [he Employment Bureau or the Univerisly, iT any, and

, lo exercise general supervision ovcr S~udents' Unions, University Exlension Boards and Universiry Sporh Board, i T any, and orher bodies instiluted by ~ h c Univesily:

(xxxi) to approve Annual Slnkmenls of Accounts and [he Annual Financial Estimales or thc Universi(y and lo submit thc same ro the Courl for consideration;

(xxxii) to prepare the annual reporr and submil thc same lo the Court for consideration;

(xxxiii) to make duc provision for the hcal th, welfare, rcsidence and discipline of srudents and their-relationship rvilh [he Universily and ro provide for such other [raining oCsluden& as may be considered desirable:

(xxxiv) to co-operate with olhcr universilies, ins~irul ions , associarions, sacielies or bodies on such lerrns and lor such purposcs. not inconsislcn~ with Lhe purposcs of this Acr, as it may dererrnine;

(xxxv) [a make rules for [he ~riosaction of irs own business; (xxxvi) lo excrcise all: olher powers and perform all other functions

' conferred and imposed on the Execulive Council by ot under this Acl:

(xxxvii) to exercise gcoenl supervision over the Facully Councils for post-gnduale studies and the Councils for undergrdduale studies and give such directions lo [hose Councils for [he due discharge or their respective duries as il may consider necessary.

TheFacu l l~ 22. (1) There shall be thc rollowing Facully Councils for posr- Councils

graduale studies:- ::E;l'; arudic~, '(a) [he Faculty Council for post-graduate studies in ?[Arts,

Cornmcrce ,and Law:] ,

'Clauw (a) wns subsututcd for original c1au.w by s. ? of [he Nordl Bcngil Univtrsiry (An~c~id!ncnl) ACI, I989 (Wcs1 Bcn. Acl X1 or I9R9).

-l'hc words rvilhin thc squm bncke~s wcrc suh<titu?cd Tor the wards "Am and Cornrncrcc:" by s. 5(a)(t) or thc N o i d Bcngal Univcrsily (Arncndmcnr) Acl, 1993 (Wc51 Bcn. ACI Vlll of 1993).

Tlic Nor111 Ber~g[tl Univcrsily Act, 1981.

XXV of 1981.1

(Cl~uprcr Ill.-Autlroriries of thc Ut~iversiry.Secl ior~ 22.)

(b) h e Faculty Council for posl-graduatc srudies in Science:

'(c) the Faculty Council Tor posl-graduate studics in Mcdicinc.

(2) Each ?[Faculty Council for post-graduurc sludies i n Ark, Commerce, Law and Science shall co~lsist oq thc lbllowing members:-

(i) the Vice-Chancellor-Chairnmn;

(ii) the Head or Heads of the Deparlrncnl or Deparlments concerned, iT any:

(iii) the Professor or Professors of the Depaamenl or Dcparlmenls concerned, if any:

(jv) five Teachers padicipnling in post-graduate teaching in the subjecr or subjccLs concerned of whom-

(a) onc shall be from constiluent collcges or professional colleges, nominated by the Vice-Chancellor, and

(b ) four shall be Teachers of [he Universi~y, oher than Prorcssors, from [he Departments undcr h e Faculty Council for posl-gnduale studies concerned elected jointly. by sucll Teachers from amongsr themselves of whom no1 more than one shalk belong to one deparunent;

(v) one person having special knowledge in the subject or subjecls concerned nominated by Ihe Vice-Chancellor;

(vi) three Teachers panicipaling in undcr-graduale teaching elected by thc Teacher membcrs of rhc Council ror undergraduate s~udies in rhe subjecl or subjecrs concerned from amongst Ihemseives.

'(2A) The Faculty Council lor post-graduale sludies in Medicine shall consisr of the following members:-

(i) h e Vice-Chancellor-Chairman; ( i i ) lhc Dcan of the Faculty CounciI for post-graduate studies

in Mcdicjne, who shall be a Professor of [he North Bengal Medical College-Vice-chairman;

(iii) the Principal, Nonh Bengal Medical College;

(iv) the Head of the Dcparlrnent or Departmen~s conccmcd;

'Clause (c) w S inscncd by s. 5(a)(ii) of the Nonh Bengal Univcnity (Amcndmcnl) Act, 1993 (WL(~ ncn. Acr VIll or 1993).

The words wilhin thc s q u m bnckcrs wcrc sub~u~uicd Tor Be words "Faculiy Cuuncil lor post-gridunlc sludies shall consis1 of' hy s . 5(b), ilrid.

'Sub-sccrion (2A) was fint inscncd by. s. S(c). ilrid. Thcrcdlcr, the samc was rc- subs~irulcd by s, 2 or Lhc North Bcngil University [Amcndmcnr) Act, 1997 (Wcsl Bcn, Act XVII or 197)-

I Wwl Ben. Act

. - . :. , . .

.. - . . . , . . - . . . . (v) the Proressvror Professors or the Depmment or Depmments

, . , . . , . . . - . - - . , . . . -

. . - . . . -

concerned; (vi) four Teachers of the Nor111 Bengal Medical Collcge. oil~cr

lhan Proressors, from rhc Deparrmen~s under rhc Faculiy Council forposr-graduate studies in Medicinc, 01 wham not Inore than one shall bclong lo one Dcparirnen~, elected joinrly by such Teclcllers from i~tnongst ~hemselves;

(vii) one Teachel- from constituent colleges or profcssiunai collcgcs, nominated by the Vice-Cl~ancrllor;

(viii) onc person having spccial knuwlcdge in [he subjrcl or subjecls concerned. nominated by ~ l ~ c Vice-Chancellor;

(ix) thrce Teachcrs participa~ing in undergrnduatc teaching, elected by the Teacher-members of 11lc Cou~lcil for undergraduilre sludics in Medicine in the subjecl or subjecis concerned lrom amongst tl~cmsclves.

(3) Each Faculty Council for posl-graduale sludics shall Itave a Sccrelary to be appointed by the ~xecurjve Council:

'Provided that Ihc Secrcrary of rho Facul~y Council [or post-graduatc studies in Science sllitli also be the Secrerary or the Faculty Council for posr-gradunk ~[~rd ies in Medicine.

(4) One-rhird or the rolal number of members of a Faculty Council hi- post-graduate sludics pllrs one shall be a quorum for a meeting of the Faculty Council.

PO\I'CIX 2nd func~ions of

23, Subject lo tllc provisions of [his Acl, and the Stalules, the [hc F ~ ~ ~ I ~ ~ Ordinatlces and [he Regula~ions, ;r Facully Cou~icil for post-graduate Council for studies sllall exercise [hc following powen and perfom the Iollowing ps1- pddu;llc iunc1ions:- studics. { i ) lo make proposals to the Executive Council Jor the

establisltrncltt 01 Universily ~epirrtnents, insti~utions, libraries, laboratories and nluseurns far srudy and research lo be maintained by the University;

(ii) lo recornrncnd to the Execulivc Council Ihe creihlion and ifls~ilulion of Professorships. Readerships, Leclureships and oihcr [caching pasts and the duties and cmolurncnrs thercot

(iii) LO make proposals lo lhc Executive Council for the promoLion of research and, through special commiltees, if any, constiru~ed for thc purpose, lo call forrcporis on sudl rescarch work f rom pcrsons cngaged therein, and lo make recommendarions to the Execulive Cotrr~cil \hereon;

"hc proviso w a ~ irlscncd by s. 5(d) 01 thc Nonh Bcngal Uni\.crsity (Aincndnrcnl) Act, 1993 (Wcht Ucn, ACI VIIJ of 1993).

XXV of 1981.1

(Cllaptcr Ill.-A!rrhori~it.s of the Utrirl~rsiry.-Secrio)~ 23.)

(iv) 10 rccomrnend to [he Executivt: Council rile minimum qualificnlions for posts of Teachers of the University;

(v) ro make proposals lo thc Exccutive Council regarding provisions 10 be made for enabling the Universily lo under- rake speciillisat ion of shdizs and for organisa[iou oTcommon laboralorics, libraries, museums. inslilules of research and orher instilutions, mainlained by hc Universiry;

(vi) to cor~s[iLute or rcconslitute the deparlmenrs of teaching will1 the approval or Lhe Execu~ive Council;

(vii) lo make provisions for lccrures and ins~ucrions for sludents of nlfiliated colleges, Univcrsity Deparlmenrs, Universiry Laboratories and also for othcr persons ~ I I O arc 1101 such studenls;

(viii) to ndvisc thc Execuljve Council on [he insrilu~ion ordcgrees, titles, diplomas, cenificales and olhcr academic disrincrions;

(ix) ro hold and conducl, subjecl 10 gcnernl supervision by the Executive Council, Universi~y eaaminarians leading lo post- graduate degrees, diplornus and cedificatcs, and approve and publish the resulrs lhcrcof in accbrdnnce wilh Ihe reguladons made in this bchulk

(x) to provide for the inspeclion or thc invesligarion into the affairs of any Univcrsily Department or any college and submil reporr lo the Execu~ive Coutlcil;

(xi) to have gcneral supervision ovcr the Boards of S~udies arlached to [he Faculty Council;

(xii) to frame rules relaling 10 the courses of pox-graduate srudies and thc divisio~i of subjects in regard thereto ilnd 10

recommend to lhe E~ecu t ivc Council -the making of Regulalions in this bzl~nlfi

(xiii) to appoinl. if required by Lhe Exccudve Council, alter considering thc views of the Boards o l Sludies altachcd to [he Faculty Council, Boards of Examincrs in the subjccr or subjecis rclaring lo post-graduatc htudies, including the subjects for docloral thesis and Ior prizes and mcdals;

(xiv) 10 call Ibr such reporrs or inrormnlion as the Facully Council may consider necessary for efficien~ discharge or ik duties from Lhc teaching deparrments, rcsearch unjls or Boards of Studies;

[xv) to consider any cduca~ional mailer relaling to the Faculty Council and to anive at decisions or make recommendalions pertaining 11ierelo ro thc appropriaie aulhorily or officers:

The Norlir BerzgaI Urriversiry Acr. 1981.

[Wcsl Ben. Act

(xvi) ro mailllain contact with the curresponding Council for undergraduarc srudies for the purpose or shirring idcw and ensuring co-ordination;

(xvii) to subrni~ each year its annual repon to Ihc Execi\!ivc Cou~icil;

(xviii) lo make rules for [hc [ransaclion of ils own business;

(xix) 10 exercise all other powers and pcrform all other funcrions conrcrred and iinpwed on it by or under this Acr;

(XX) to delegatc to the reaching deparlmenrs, research units. and Boards of Srudies attached lo i t the responsibjIity for such academic mar ters as rcspecrivcl y concern such dcparhnenrs, uoirs and Boards;

( x x i ) ro rccornmend ro ilie Excc~ltive Council ihc confermen1 or posl-grdduare dcgrees. diplomas afld cerlificales.

'fhc 24. (1) There shall be thc following Councils far undergraduate Cou~~:ils Tur undcr- studies:- gradun~c srudics.

(i) the Council for undergraduille studics in Arls, Science, Commerce and Law;

(ii) llle Council for undergraduate s~udies in Engineering and Technology:

(iii) lhc Council for undcrgradualc studies in Medicine '[and Dentisrryl.

(2) (a) The Council for undergmduato sludics in A r k , Science. Comn~erct: and Law shall consisl of the rollowing members:-

(i) he Vice+Chancellor-Chairmnn;

(ii) lhe Deans of thc Faculry Councils Ibr pox-graduate studies in A m , Commcrce and Science:

(iii) the Principal, Durjeeling Governmcn~ Collcge;

(iv) six Teachers or dfiliared colleges orher lhan medical arid engineering colleges, of whom onc shall be from a teachers' tnining college, elecled by such Teachers;

(v) LIVO Teacl~ers who are members of the Faculty Council for posl-graduarc studies par~icipating in posl-graduatc [eaching in [he subject or subjeck concerned elected by the members of rhc concerned Faculry Council for posl- graduale studies from amongst rhemselves;

(vi) four Principals, of whom three shall be from undcrgradunle colleges of Arls. Science, Cornn~ercc and Law and one shall be from il leathers' training college, elecred jointly by I he Principals of such colleges:

-- 'The words wi~hin rhc square bnckcts icrc inscncd by .F, 6(a) or the Nonh Bcngal

Unircrsily (Amcnd~ncnr) Acr, 1993 (Wcsl Bcn. AcI VllI of 1993),

The North Bellgal U t r i ~ ~ * r ~ i t y Acr. 1981

XXV of 1981.1

(vii) IWO persons having special knowledge in the subjccl or aubjecw co~~ccrncd nomina~ed by [he Vicc-Chunccllor.

(b) Thc Council shall have a Sccrclnry lo be appoin~ed by rhc Executive Council.

(3) (a) The Council For undergradua~e sludies in Engjnccring and Technology shall consisl of thc Ibllorving membcrs:-

(i) [he Vicc-Chancellor-Chairman:

(ii) the Principal, Jalpniguri Government Engineering College; (iii) the Heads 01 the Deparlments of Teaching. Jalpaiguri

Government Engineering Collcgc;

(iv) three Teachers no1 belonging to the same Deparlment elec~ed jointly by the Teacl~ers of collcges imparting instruction in Engineering or Technology diilialed lo [he Universiry;

( v ) one person nominaled by the Direc~or of Technical Education, Wcsl Bengal;

(vi) two pcrsons having knowledge in rhc subjecr concerned nominaled by the Vice-Chancellor.

(b) Thc Council sllall have a Sccrclary to be appoinred by ~ h c Execu~ivc Council. ,

(4) [(a) The Council for undergraduate studirs in Medicine and Dentistry shall consis1 or the following members:-

( i ) [he Vicc-Chancellor-Chairm3n; '

( i i ) thc Principal, North Rengitl Medical College;

(iii) the Principal, Norlh Bengal Dental Collcge; (iv) the Hcads af the Departments of Teaching, Nortll BetlgaI

Medical College:

(v) ~ h c Hcads of the Departments or Teaching, North Bengal Dcnlal College;

(vi) five Teachcrs of North Bengal Medical College and Colleges affiliatcd to the Universily, i F any, imparling inslrucrion in Medicinc, elected by such Tcachcrs from amongst themselves;

(vii) two Tenchcrs of Norih Bengal Denral College imparting insrruction in Deniistry, elected by such Teachers rrom ilrnongs! t hcmsel ves;

(viii) oncpcrson nomina~ed by the Dircctor oTMcdical Educalion, Wesl Bengal;

(ix) L W O persons having knowledge in the subjcct concerned nominated by rhe Vice-Chancellor.

'Clouse (a) W~K suhstiluicd Cnr original clausc by s. G(b) orthc North Bcngal Univcnily (Amcndmcnl) ACI. 1993 (Wcs~ Bcn. Acl Vlll uT 1993).

The ~Yorrlt Btnsnl Utiivursirp Act, 1981

(Wesi Ben. Act

(b) The Council shal[ have 3 Sccrelary to be appointed by the Executive Council.

(5) All eicctions to 111e Councils Tor undergraduate studies shall be hcld in he manner prescribed by S~atules.

(6) One-third of thc lorn1 number of mcmbers of a Coullcil for under_rradualc sludics plrrs one shnll be n quorun1 for 3 meeting of !he Council.

~ o w c s and 25. (1) Subjecl lo tlie provisions OF this Acl, and the Siarules, the iunclions of lhcCoullcilr Ordiwallces and Lhc Regula~ions, a Council Tor undergraduate s~udizs rur undcr- shnll exercise the rollowing poivcrs aud pcrform the Ib l luwj~~g runctions:- cndunlc

(i) to recommend to thc Esecu~ive Council ihe arfilialion of n college or an i n s ~ i ~ u ~ i o n in one or more subjec~s;

(ii) ra ensure annual inspeclion of collcges:

(iii) lo exercise gcncral supervisioii ovcr the collegcs to ensure that thc candilious or affiliation arc propr.rly fulfilled. h e

standard of teaching is unifomIy rnninlained and syllabi as prescribcd are properly co~nplcted rvilhin Ihc acaden~ic year:

(iv) In Lx thc last date ol' admission or studcnts LO diIfcr-c~~l caurscs o r studies and thc dale of conitnencemcnt or examinations in consullltlion wirh olher C o u ~ ~ c i l s lor undergmcluate s~~rdies .

(v) LO appoint Head Examiners, Examiners, Paper-selters, Scrulincers, Co-ordinalors, Conveners, Tabulators and other persons under the gcncrul sup:rvisio~~ of he Exccu~ivc Council:

(vi) to hold and conducr examjnations and to approve nod declare illz resul(s or the exan~ioalions within such period as may be prescribcd;

(vii) 10 recommend to thc Esecutive Council h e disaffilialion or ~virhdrawnl ot nffilialion O F any collcge in respcet of any subjecl or subjccrs, if. on ~ c e i p r of a writlen rcpon from a learn of lnspcdors appinicd by i h t Univcrsiiy, the Council i s uT opinion that proper standard of leaching is not maintained or conditions uf aflilialion dre not properly fullilled or the results of [he candidates sent up by the college For arly cxi~rninaiion are u nsalislaclory or [he college has failed 10 Eompl y with the direclives of the Council;

(viii) ro establish, mainrain and manage HaIls and Hoslels of undergr~dualc collcges;

Tlie Nortli Bc~lgnl Utlillcrsity Act, 1 98 1.

XXV of 1981.1

(ix) to rccommend to the Esecutive Council thc rcmporary Lnkc over of the managemcnl of an affilialed or a recognized college 01. instilurion, othrr than n Govemmenl College in order lo ensure thal propcr standards of teaching, training or insvucrion are maintnincd [herein:

(x) to provide for ~ h c inspeclion or investignrion inlo rhe affairs of undcrgraduilte college or instiluliona rccognizcd by [he Council or affilia~ed ro rhe University and to cxcrcisc gcneral supervision and conlrol ovcr lhem:

(xi) ro make due provision for health, wclfarc, rcsidcncc, and discipline of s~udents and thcir relationship with Colleges and the Universiry and lo providc for such tr$ning oisludenls as may be considcrcd desirable;

(xii) to recon~mcnd ro Lhc Excculive Cotincil the dissolution of !he Governing Body or an affilialed college or instirurion, other than n Govcrnmcnl College and pending reco~ur i~u~ion of the Govcming Body, theappoint~nent of a11 Administrator or an ad hoc Governing Body;

(xiii) to collect fees for cxaminnlion, condonalion uT shorr percentngc Tor appearing a1 an examination as non-collegiale sudcnr, mark-sheet, late admission, cliange of examination cenlre, scruliny of answer script, and change or namc ur surname, and any other charge for regislrution und migra~ion or sludenrs and gram of diplomas, certificates or any o~her documenls a1 such rate as may be prescribed by I he Execu~ive Council;

(xiv) lo cxcrcise supervision to ensure that all propenies and funds or the Council are properly controlled and adminis~ered;

(XV) lo supply promptly such informalion, rclurns, rcporls and other materials 3s may be rcquircd by the Uaiversity:

(xvi) to cxlcnd facili~ies and other assistance including exhibi~s of records, books of accounts. ledgers and uny other documen~s 10 officers depuled by the Universily for inspection;

(xvii) 10 approvc thc annual report of [be activi~ies of the Council during thc prcvious ncndenlic year arid submit the same lo [he Executive Council on or before such dale as ]nay be fixed by the Executive Council;

(xvii i) lo abidc by, and implemcnl promplly, the decisions that may be arrived fit by thc University frotn Lime to time in regard 10 the Council:

Tile Norrll Bengal Uttiversiry Acr, 1981.

[West Bcn. Act

. . . - . . . . - . - - . . . , . . . - -. . , ..

(xix) to follow thc guide lines .and Lhe rules framed by die Universiiy . . . . . . .. ... ... . . from rimc Lo time;

(XX) lo have general responsibili~y for acarlcrnic affairs i n relalion lo undergnduale studics with which [he Council is concerned;

(xxi) to have gencral supervision over he Board of Studies attachcd to the Council in accordance wilh the rilles rrarned for the purpose;

(xxii) to rnaiu~ain conlac1 will1 Lhc corresponding Council Tor posl-graduale studics Tor the purpose of sharing ideas and ensuring co-ordination;

(xxiii) ia frame mIes rclating to [be courses of undergraduate s~~!dies and the division OF subjecrs i n regard [hereto and to recommend to the Execurivc Council the making of Regulations in this behalf.

(2) Not\vithsrnnding anything conlained in sub-seclion (I), hecouncil for undergraduate studies in Medicine shall have the rollowing additional powers:-

(i) to hnvc general responsibility for academic affairs of N o r ~ h Bengal Medical College and colleges affiliated to the University, i f any, imparting insrnlction i n Medicinc, relating l o entrance requircrnents, curricula, inslruclioas, exanlina~ions, discipliae. sludenl ac~ivi~ies, alhle~ics, collcge libraries, and similar oilier matters;

(ii) 10 frame rulcs and make regulations relaling to courscs of undergradualc studies i n Medicine and the division of subjecls in rcgard lherero subjec~ to h e approval or the Execulivc Council;

(iii) to advise affiliated coIlegc or colleges regarding provisions to be madc for and [he administration and supervision of Ihe academic affairs rnenuoned i n sub-clausc (i), lo provide for inspeclion of the collegc or colleges and 10 call for from such college or colIeges repor& or orher informalion in conneclion therewith.

26. '(1) (a) There shall bc e Dean for each of the Faculty Council for posr-graduate studies in Arls, Con~nlerce and Law and the Faculiy Council for posl-graduate srudies in Science, who shall be a Professor of the University.

'(b) There shall bc a Dean For thc Faculiy Council for posl-graduate sludies in Medicine who shall be n Professor a f he Norlh Bengal Medical CoIlegc.

'Sub-section ( I ) w& lilirsl subslirured by s. ?(a) or the North Ecngal bnivc<ity (Arncnd- menr) Acl, 1993 (iVcs1 Bcn, Act VIIl 01 1993). lien suh-secrion (1) cnnsiaing of clnuscs (3) and (b) was rcsubs~ilulcd by s. 2(1) of 11ic North Btngal Universi~y (Amtndmcnl) Acl, 1996 ~ V E I Ben. Acl I X or 19-76), b7nally, clause @) rvns subsliru~ed by s. 3 or rbc Nonli Bcngal Univcnily (Amend~ncn~) Act. 1897 (Wc51 Bcn. Ac1 XVII of 1997).

XXV of 1981.1

l(2) The Dean shall be elecled by the members of the Facul~y Council and shall acr as Vice-Chairman of ~ h c Faculty Council. -

(3) Thc scniormosl Dcan shall acl as Vice-Chairman of a Council Tor undcrgraduale studies.

(4) The Dean shall hold office for such term as may be prcscribed by Slalules.

27. There shall be Boards of Sludics attaclled lo cvcry Facul~y T ~ C Boards Council for post-grnduiltc sludics or Council Tor undergraduate studics. O'SIUdiu-

Thc constitution of Ihc Boards or Sludies shall be prescribed by Stnlutcs and h e powers md iuncrions of [he Boards shall be prescribed by Regulauons. . .

28. There shall bc a Finance Commilree wilh lhe Vice-Chancellor Thc Finilnuc

as thc Chairman. Thc conslilulion, powers and runclions of Ihe Finance commillccn

Comrnirke shall be prescribed by Slalules and i ~ s procedure in financial mallers, including the delegalion of its powers. shall be prescribed by Ordinances.

29. (1) A University Proressor shall bc uppointcd by the Executive Sclcclion

Council on the recommendntion of a Selee~ion Cornrni tlcc consisting ~~~~~~~g of- pOSL5.

(i) the Vice-Chancellor as Chairman; (ii) the Dean of lhe Faculty Council concerned;

(iii) a person, not holding any office orprofit under h e University and having spccial knowledge or h e subjecl which lhe Professor wiIl leach, nominaled by the Chancellor;

(iv) lwo persons, not holding any ol'lTce or profir under the Universily and having special knowIedge of [he subjec~ which [he Professor will teach, nominared by the Execulive Council.

(2) A Universily Reader or a University Lecturer shall be appointed by Ihe Execuuve Council on the recommendation of a Seteclion Cornmiltee consisling of-

(i) the Vice-Chancellor as Chairman; (ii) thc ~ k a n of h e Faculry Council concerned;

(iii) the Head or Ihe Deparlmenr concerned, if any; (iv) a person, no1 holding any ofFice of under [he ~ n i v k r s i l ~

and having special knowledge of the subject which [he Readcr or the Leclurer will teach, nominared by [he Chancellor;

'Sub-secrion (2) was first suh<tilu~cd by s. 7(b) or tilt Nonh D c n ~ a l Uliivcmity (Amcndmcnt) Acr, 1993 ( \Va l Bcn. ACI VlII or 1993). ThcrwCrcr, thc rilmc w a rcsubsli- lulcd by s, 2(2) aT [he North Bcngill Univcrsiry (Amcndmcni) Acl, 1996 OVat Ben. Acl 1X of 1996).

Roccdurc lor hold in^ rncc~ings or Sclcc~inn Comn~irrcd,

Lcllcr or appoinlnlcnt or Tcachcrs. ornccrs and emplnyccs.

Tlrc Rlurrf~ Uar,yn/ Utriwrsiry Acr, 1981.

[Wesl Bcn. Act

(v) LWO pcrsolis, 1101 holdin: ;lily orficc OF prolit under the University and having special knowledge of ~ h c subject whicl~ the Rcndcr or [lie Leclurcr will teach, non~inaled by the Exccurive Council.

30. (1) Tllrze mcmhcrs, of wllom a1 leas1 lwo shall be persons having special knowledge in llic subjec~ co~icerncd. shall be a quorum [or a meeting of n Sctection Commi~tce.

(2) If the Execurivc Council dots no1 accepr r l~e rccomrne~~dation of i~ Sclecrior~ Cornmiltee, i t slialI rercr the reco~i~mendation back lo he Sclccrion Commi~cc wi~h reasons for reconsjdenlion and if the Exccurive Counci I does no1 ilcccpl [he reconsidcrcd views of rhc Selec~ion Comi~ee . the mnrlcr >hall be refcrrcd ko [lie ChnnccIlor wilh rcLsoiis and tht decision of the Chancellor shall be final.

31. (1) Every Tcnchcr. every olficer nnd every employee 01 thc Ul~iversity shall. on appoinru~e~il as such, be proviclcd with a leller O F appointment c o ~ ~ ~ a i n i n g sucl~ rerms and condi~ions or appoinlmcn~ as nlny be prescribed by Ordini~nccs.

(2) A Tenchcr or an orlicer or an eniployec uppoin~ed againsr a permanent vacancy shall bc on probarion ordinarily for a period of onc year rrom the date of stich appoi~l[ment and sucb period of probntion may, at the discrclion of [he apprvpriale aulboriry or the University, be extended rur a iurtllzr pcriod not escerding one year.

(3) If, a[ any time during [hc period of probalion, !he pr~bationer's work is not coilsidered sa~ishciory, Lhe probationer shall be discharged by the aulhoriry concerned.

(4) On surisf;rc~ory complcliorr of lllz period of pfobation, a Teacher or an olficer or an employee, as [he case may be. shall be confirmed wi~h efficl from [he date or his ;lppoinrment on probation by an order in wri~ing made by Lhc Universiry in this behalf and [he fact of such confirmalion shall be communicafied [o the pcrson concerned:

Providcd 1ha1 if . on completion of thc period of proburion, no such ordcr of conlirmadon is made and communicn~rd Lo [he person concerned wirhin a pcriod of rwo months of the complerio~~ of [he period of probation, \lie pcrson concerned shall be deemd 10 have been conlirrned with errcct from [be diltc or his nppoin~mcn~ on proba~ion.

32. The services oTa renlpornry Tcncher or officer or cmpIoyee shall no1 be iermina~cd before the expiration of the pcriod for which he is appointed excepz nner serving orlz month's notice or paying him one monrhs's salary in lieu rhereor.

XXV of 1981.1

'33. The Exccutive Council may, subjecl 10 Lhe provisioiis o l this

Act, prescribe by Ordinat~ccs thc conslilulion of a s~anding commiltec

or standing committees Tor scleaioa or persons for nppoinrmenl ro thc

pos~s OF officers and lo the olhcr nun-teaching posts of thc Universily

and the procedure artd ihc method of such sclcction.

34. (1) I f in the case OF ally dispule bctween the Universi~y and any

Teacher, officer or cmployee of thc University no final order has been

passed by rhe University wilhin a period of o n e ycar from the date on

which the disputc was referred to the Universiry by such Tenchcr, officer

or cmployee, such dispute shall, on the requesr or such Teacher, officer

or cmployee, be rercrrd lo a Tribunal consisring of lhc rollnrving members, namely:-

(i) a Chairman, who shall be nominated by thc Chancellor in

consultation with [lie Minisler:

(ii) one pcrson to be nominated by the Exccutive Council;

Iiii) one person to be nominated by ihe Teacher, officer or

enlployee concerned.

(2) Any appeal from an cmployee ofthe Universily in a discipliuary

maltec shall be referred to the Tribunal and shaIl be decidcd and disposed

of by ihe Tribunal.

'(3) The Tribunal may call for any record, repor1 or other inrormnian

rrom the University if, in it-i opinion, such recurd. report or other

inForrnalion is necessary Tor crficient discharge of jb. functions. and the

Universiry shall furnish such rccord, reporr or other infonnarian 10 the

Tribunal.

(4) The decision oFlhe Tribunal shall be final and nu suil or proceeding

shall lie in any civil court in rcspect of the mallcrs decided by rl~e

Tribunal.

(5) Every requcsL under sub-section ( 1 ) shall be deemed to bc a submission to arbitration upon [he terms of this section, within thc

~u or 1910. meaning of rhz Arbitration Act, 1940, and all [he provisions of that Act

with [he exception or sccrion 2 thereor shall apply accordingly.

- - . , . , . , Slanding , . cornln~tlcc . . . , ,

for sclcc~ior~ of oCtitcrs 2nd non- rcovhie~ cmpIoy ccs.

'Scclian 33 1v.u subslitutcd iorcriginal scclion by s. 6(d) oithc Wesr Ucngal Univeni~y Laws (Arncndmcn~) ACI, 1988 (WUI Dcn. Ac t VIII or I9SS).

Pan-rime Tcachcn or pan-limc non- caching s t ; ~ f l nor lo bc enli~lcd 10 bc cnrollcd as volcrs or ro bc nominn~cd.

. Tlie North hellgn1 Ur~iversi~y Act, 1951.

[West Ben. Acl

(Clrapter 1V.-Getreral pro~~i~siot~s guverrririg all arrrlrorilies or oiher bodies otrllle U~~iver.sity.-Secriotrs 35, 35A.)

CHAPTER rV

General provisions governing a11 authorities or othcr bodies of h e University.

35. (1) No person shall be qualified for eleclion or nominalion as a member of any iluthorily or body of [he Universiry or shall con~inue as such mcmber if he-

(i) is or unsound mind or a deaf-mule, or

(ii) is an undischarged insolvcnr, or

(iii) has bccn convicled by a courl of law for an offence involving moral turpilude.

(2) In c a e of any doubl or dispu~e. [he Chancellor's dicision whelher n person is disqualified under r l~e provisions of sub-section (1) shall be final.

(3) No person shall be entilled to sland as a candidale for election to any auhority or body of thc Univcrsiry from more rhan one consli!ueny.

(4) No person shall be enlilled lo be enrolled as a voter for, or to C ~ L his vote a[, an election to any aurhoriry or body or thc University From more lhan one conslituency:

Provided h a 1 h i s sub-seclion shall not apply in the case of an election of members of the Court to the Executive Council, the Faculty Councils for post-graduate studies, nnrl rhe Councils for undergraduate studies.

'35A. Notwithstanding anylhing conliincd elsewhere in this Act, no person shall,-

(a) if he is a Teacher, not holding any whole-lime teaching posl, or appoinred for a specified period, or

(b) if he is a member of rhe non-reaching staFF, not appointed on a regular scale of pay, or not holding any whole-time non-leaching posl,

be cntitled LO be enrolled as a voter for, or ro cast his vote at, an election to any au~hority or body of [he University or of any college or instilulion affiliated lo [he University or 10 be no~ninaied to any such aulhority or body.

'Scction 3SA rvas inscried by s. 5(d) orihc Wcs~ Bcngal University L w s (Amcndmcnt) ACI, 1986 (\Vest Bcn. Aci XX ul 1986).

XXV of 1981.1

(Cfruprer 1V.-Get~eral provisiorrs govenlit~g all ul~ll~orifies or orller bodies of rlie Ut~iversiry.-Sectiu~is 36-39.)

Explanarion.-"ReguIar scale of pay" shall mean pay. which, subjec~ .; lo any conditions prescribed by [he Universily, rises by periodical

incrcmenls Trom a mi~~ imum 10 a maxiomm.

36. (1) Save as otlienvise provided in sub-section (41, an elected or Tcrlnol O ~ C C OT

nomina~cd mcmber of any i~uthori~y or body or [he Universiry shall hold ,,,,b,,,

olfice Tora period or four years [corn the date of his eleclion or tlomination, as ~ h c caw may be:

Providcd [ha[ in rcspccl or !he first cleclions and nominations undcr this Acr, rhc said pcriod or four years shall commence rrom thc date or thc first mceling of lhc aulhorily or body held nrrer such clcclions and nominnlions.

(2) The rerm of office of members other rhan ex ojficio members of any au~hority or body of the Universi~y shall bc hcld to include any period which may elapse between lhe expiry or he said term and rhe date of elecrion of new membcrs 10 such authority or body Lo fill vaoancics ;rising by crflux or lime.

(3) When elecrions are held on morc than onc datc, rhc last of such dares shall he paken to be he date or clcclion Tor ihc purposes or this section.

(4) Any member elecled or nornina~ed lo fill a casual vacancy shall hold office for the unexpired porrion of [he lerm of office of the member in whose sear he is so clecled or nominaled.

37. (1) When a person is qualified to be a member of any aulIlori~y Cc"uio"r tncmbcrship

or body of the Universiry by virlue of his membership of any other in cenain authority or body, he shaIl cease to be a member of [he authority or body CxCS-

of lhe Univerjsty when he ceases 10 be a member of rhe other.

(2) When a pcnon is clectcd or nominared as a member 01 any authority or body of [he University from any consliruency, he shall ccilsc to be such a membcr whcn hc ccascs to belong ro [hat consrituency.

38. (1) Any casual vacancy among thc clectcd members of any Fil l in~or vncancics.

authoriry or body or h e University shall be lillcd, in such manner and wilhin such time as may be prcscribcd, by eleclion by such nuthorily or body of a person representing [he inleresl which the member, whose seat has become vacan t, represented.

(2) Any vacancy among !he norninaled members of any authori~y or body of the Univcrsiry shall be filled, within such lime as may be prescribed, by nomination by [he person or authorily that nominated [he mcmber whose seat has become vacant.

Tlic hror~l1 Uerrgal U ~ ~ h s r s i ~ Act, 1981.

[Wesl Ben. Acl

( C l ~ n p ~ e r iV.-Ge~leral provirions goverrting all a~rtIroriries or orhcr borlies o f t he Llrri\leisiry.-Sections 39-41.)

(3) Vacancies wising by efflux or time in the scat5 of elected mcmbcrs of any autllorily or body of die Univrrsiry shall be filled by election to be hcld on such darc or dates, no1 Inier lhltn six months or such exlendcd period as [he Cllnnczllor may, by order made in [his behalr. specify so liowevcr tlial Ihe aggrcgule period shall not exceed one year from Lhe dare on which the vacancies arise. as rhc Vice-Ct~ancellor may fix.

39. No acl or pracccdings of the Univcrsity or or any authorily or body of the University sllall bc deemed to bc invalid mercly by reason of the txislence or a vacancy or vacancies amang i ~ s rnembcrs or [be invatidily of r l ~ e eleclion of any of thc members.

E.t-pla~la~iorr.-For Lhc avoidance of doub~ i t is hereby declared rhar where the orficeof any rnembcr of any authority or body ofthc Universily cannot be filled up, when such nuthori~y or body is constilu~cd for the first lime, on account of any clecrion or appointment nor bcing far any reason feasible, there shall bc dcerned to be n vacancy i n Ihc office or such member until such etecrion lakes place or such appainlment is made.

40. (1) Therc shal l be an Election Tribunal to which shall be rcrerred any question as to whether any pcrson is eligiblc under this Act for election or nomination or has been duly elecled or non~inaled as, or is e~ilirttd lo be, a ~nzmber of any authority or body of Ihe Universiry, and the dccision of h e Elcction Tribunal on such question shall be linal.

(2) The conslitu~ion or the Eleclion Tribunal shall be prcscribed by Statu~es.

(31 IF, during h c progress of any elec~ion of members lo any authorily or body of the University, the Elcclion Tribunal i s satislied [ha1 such eIection i s vilialed by fraud or cormpl prac~ice, he Eleclion Tribunal may makc an order annulling the proceedings in respecl of such eleclion or any par1 thereof and dirccring fresh proceedings ro bc started, i n ilccordance with the provisians of this ACL and Ihc Statu~es, h e Ordinances and lhe Rzgula~ions, from such slage as may bc specified in the order and such ordcr of the Election Tribunal shall be final.

(4) No suit or proceeding shull lie in any civil court againsl a dccision or an order of the Elecrion Tribunal under sub-section (I) or sub-section ( 3 ) , as the case may be.

41. At ;I rncc~ing of the Court, the Executive Council, the Faculty Councils for post-gritduele sludies, [he Counci Is for undergrad uatc studies

\ or aoy other aulhority or body of the University. h e person presiding a[ the meeting shall no1 vorc in he firs[ inaance, bul shall have and exercise a casting vole in the c:wc of an equality of votes.

T11e Nurrll Uengal Utiivcr .~iq Acr, 1981.

XXV of 1981.1

CHAPTER V

Funds of lIie Uflivcrsity, Accounts, Audil and lnspcct ion

42. Thc University shall Iiave n rund to be known as Ihe Universiry Fund to which shall bc credited 311 irs incoluz rroln fees, lines. contributions, donarions. loans and ~ddvauccs and horn any other source whalsoever. Thc Universiry may also crenre. by Ordinances made in this behalf, separate speciaI ruilds for the adlainistration or endowmenrs, trus~s or specikc zr;lnt5 or grants for other spccial purposes.

43. ( 1 ) The budget of the Univcrsity showing the rcceipr and expendilure of [he Universily on c1ilTere111 nccounts for a financial year shall bc submitted to [he Srale Government ior approval at least rour months bcfore [he beginning of such financial ycnr in such rclrin as ]nay be specilicd by ihe Stair: Governnlcnr.

(2) The Sure Govcmment shall. wirhin fi irccn days of commeacemcnl of the financial year to which the budgcr relales, comrnunica~c ils approval or otherwise of [he budgcl 10 rile University:

Providcd that r l~e Stare Government shall, from lime to tirnc, release grinfi to the Universig ro incur expenditure till rhc budger is approved.

(4) Notwithstanding nnylhing to the contrary coalaincd in [his ACI, the University shall not. cxcepl wit11 the prior approv:~l of r l~e Sure Government, incur any espenditure on any account in cxcess oi the amount specified in rhc budgel on that accounl.

44. Any providenl fund insliiurcd by !he Universily Tor [he benifil 1901 1925. of i l ~ empIuyces shall be governed by the provisions of lhe I'rovidenl

Funds Act, 1925. as i T such fund wcre a Govcmment Providenr Furld and the Executive Council shalI have power ro frame S[alutrs no1 inconsis- tent w j ~ h the provisions of rhac Acl, for [he ndminislration of the rund.

45. ( 1 ) The Annual Sta~emenr of .4ccounls O F r l ~ e University shall, itrter examination by \he Execulivc Council, bc su bjecrzd to sucll audi I as the State Governmenl may direct.

(2) Such Annual State~neni of Accounls shall. iogcrhcr w irh copies or the audit repor1 [hereon, b t sub~nirled to he Courl and lo 111t State Govern~nent and shall thereupon be publishcd by the Court. The Coun shall consider the audited annual accounls at a n~eering and rnny take such action thereon as jl rhinka f i t .

(3) The University shall hnvc a conrinuous i n ~ c n ~ a l audir, and ~ h c reporl of such audil shall bc subrnirrcd ro rliz Srnre Guver~lmcnt as soon as possible nficr the end of rvcry Finaucial ycar.

'I'hc Uniwaiiy 1:ur~I.

Pmvidcnr Fund.

Anni~nl Accoun~s and Audil.

The N o r ~ h Berlgal Ut~iversity Act, 1981.

[West Bcn. A d

(4) The Statc Govcrnmetll may require thc Univcrsily to supply to ir any informalion in regard lo the accounts and the budget and the University shall comply with such rcquisilion.

~nspcciion. 46. (1) (i) The S t a ~ e Governmcnt shalI have the righl-

(1) to cause an inspcci~ion to be made, by such person oc pcrsons as it may direct,- (a) of the University, irs buildings, labonlories, librxies.

museums, press eslablishmcnt, workshops artd equipmenl,

(b) or any college or institulion rnain~ained by or affiliated to the Universily, and

(c) into all alT;lirs of the University and of such college or insritu~ion including examination and other work conducted or done by the Univcrsily or such college or jnsrilution, and

(2) lo cause an enquiry ro be made into the income, expenditure, properties, asscrs and liabilities of h e University and of any college or instilution maintained by or affiliated 10 the University.

( i i ) The Statc Government shall, in every such case of inspection or enquiry, give previous notice lo 1l1e University and if the inspeclion or enquiry relatcs to such college or insritution,. both to Lhc Universi~y and [he college or the inslitulion, as he case may be, of its intention to causc such inspection or cnquiry.

(2) The State Governmcnl shnlI comrnunica~e to the Court and the Execulive Council or to such college or ins~imlion, as [he case may be, its views on the results of such inspeclion or enquiry and may, aFter considering the opinion of the Court and the Executive Council or of such college or inslilu~ion hereon, advise Lhe University or such college or institution regarding the acrion which the Srale Government considers fit to be takcn by Ihe University or by such college or inslilution in the mattcrs cunccrned and the Universiry or such college or ins~ilution shall report LO the S h ~ e Governmcnt, within such dme as the Stale Govemrnenr may direct, the action which is proposed l o be taken or has been taken by the University or by such college or inslilulion to give effect to such advice of r he S ~ I C Government.

(3) The Shlc Government may, aher considering !hc rcpon rcrcrred lo in sub-scclion (2), advise h e Universiry or such cotlegc or institulion, as [he case may be, to take such furlhcr action in the malters concerned us may, i n the opinion of Ihc Statc Government, be necessary, and he U~livcrsity or such college or insliluuon shall take or causc to bc taken such furlher achon wilhin such time as may be specified in that behalf

. by Ihe State Government.

T / I ~ Nor~h B e r ~ ~ a l Utliilersily Acr, 1951.

XXV of 1981.1

CHAPTER VI

Stalulcs, Ordinances, Rcgulaf ions and RuIes

47. Subjecr ro the provisions or I his Acl, Slalu tes may be mode to Slalu~cs: provide for all or any of the rollowing mailers:-

(a) the consliLulion, duties and powers of thc subordinale auihori ties whicb may be cons~i~uled by the Univcrsi ty;

(b) the subordinalc authori~ies of which rhc Vice-CIia~~cellor shall bc an c.r flficio member and Chairman;

(c) [he Elling of vacancies or members of the subordillate nuthoriries and all athcr matters relating 10 those slu~horities:

(d) the appoin~ment, powers and dulics of the officers or the Universiry orher than thc Vice-Cl~anccllor in so far as rhese have nol beet1 specifically provided for in his Act;

(c) the lenns and condirions of appoinlmcnt of the Registrar and rhc Finance Ofticer:

(r) lhc constilution of a pension, insurancz or providciit fund for h e benefil of Teachers, officers. and cniployees of ~ h c University:

(g) (he conlcm~cn\ of L~auarary dcgrees; (h) the wilhdrawnl of degrccs, diplomas, cenilicatcs and other

academic dis~inclions; ( i ) rhc estnblishment of aulhorirics of rhe Universily refcrred

lo in clause (7) of secrion 16 and colleges, libraries, museums and 011ier inslilu~ions slild abolition of such aulhorities, coIlcgcs, libraries, museums and inst ilulions:

Q) the rnainte~~ancc oC registers of Govcrnmenl ColIeges, constiiueru college and arliliated colleges:

(k) the mai~itenancc of a register of- (i) Prorcssors of l l ~ e Universily, (ii) Teachers orher rhan Professors of the University,

(iii) Principals of affiliated colleges, ( iv) Teachers no1 bcing Principals of arfiliilrcd colleges, (v) hll-rimc students of the University and affilialcd

colleges, (vi) oFficers and non-leaching slafr or thc Universily and

non-tenching slaI-F of affiliated collcgcs; (I) rhe rulcs and procedure for holding clcclions lo the Cour l ,

thc Execu~i~t: Council :md other auiIiorilies and bodies of Ihe Universj~y:

(m) the condilions undcr which colleges and orhcr insti~uiions may be recognised or urfiliated by the University, and the rvithdrawill of such recogni~iofl ar arfilia~ion;

XXV or 1981 .I

(2) A Starule, passed in the maltnzr provided in sub-seclion (1 ), shall

: be presented LO the Chnncellor for assenl and shall come inlo rorcc on bein3 asscn~cd In by the Cl~n~~ccl lor in co\~sulrarion with the Minister.

(3) A Stalule shall rcnu~in i n force un~il rcpcillcd or amcndcd by a ncw Slalute simiIarly passed and nsscnlcd to by !lie Chancellor.

49. Subjec~ to thc provisions of rllis Acl and thc Slalules. 0rdin;mccs 0rdinan~c.c~

inay be mad6 io provide for all or any or [he following marlcrs:-

(n) ihc admission of s~irdeitts lo the Universily and their . .. . . . . . . ,

- , . , . .

enrolmenl as such; . . . . . . .

(b) the courses ors111dy to be Iaid down Tor all degrees, diplomas and cerli Scales of ~ h c University;

(c) the degrees, diplomas. cerlilica~cs and otller academic dislincrioiis to be uwardcd by rile Univcrsity, !he qualiticalions for lhc same. and the examinations and papcrs, il 'any, lo bc passed and sirbmi~lcrl rctaling ro Ihc granring imrl obtaining or tlie same;

(d) thc conditions or the award of Fellowships, scholarships, sludenrships, exhibitions. medals and prizes:

(e) the conduul OF exnlni~~ntions. includilig the rerms o r orl'ice, the manner of nppoinlmcnt, and I l~e dulics, of examining bodies. examiners and modemlors;

(f) rhc rnain~ennncz or discipline nfnong ~ h c h~udenrs ill lhc

University and ~ k e colleges:

(g) Ihe condiriuns of resideace ofstudcn~s at [he U~ijvcrsity and ~ I i c colleges:

(h) LIIZ spccial nrr~ngerne~lls, it- any, which may be ~nnde for thc rrsidence, discipline and l e a c h i ~ i ~ or \vomen srudents, and prescribing for [hem or special courses of study;

(i) the crnolumenls, aud thc [crn~s and co~tditions or service of Teacllers or thc University:

Ij) Lhe mitnagemeol or collegcs and other it~slirutions founded or mrri~i~ained by thc Uniuersi~y;

(k) rhc supervision nnd inspecrion or collcges and orher jnslj~li~ions;

(1) all other milrters which undcr Lhis Acl or rlte Slalules are rcquired lo be or may he przscribed by Ordinances.

How 10

makc Ordinances.

How IU

mnkc Rcgual~ions.

Tile Nnrtll Betrgal Ur!i\lcrsily Acr, 1981.

1 West Bcn. Act

50. (1) Ttlc Execurive Council sllilll t.&c inlo consjdera~io~l drafts of Ordiuances proposcd LO be pased, alirr notice thcrcof has been given to the nlernbrrs of thc Excculivc Council a[ least Lhret: wceks in advance of the date fixed Tor considcrarion of [he same by r l~e Exrculivc Council. Thc Vice-Chancellor may direct a shorlcr nntice i i ~ a rnaller which in his opinion is of an ernergen1 nalurc.

(2) An Ordinance shall be deemed to bc passed by the Execulivc Council if i~ is agreed to by a majority or [he lolal number of members of the Execulive Council exisling r r ~ the timc.

(3) An Ordinance pnsscd by the Executive CounciI in [tie manner providcd hereinbefore in this section shall be submirted to thc Chancellor for asscn t 2nd shall come into force on bein:: a~sciiled lo by ihc Chancellor and shalI bc rcported lo the Coua at ils nexr meeting.

(4) The Chancellor may ddirecr [ha1 [he opcrarion of any Ordinance shall be suspendcd until such time as the Courr has had an opporlunity of considering [he same.

(5) An Ordinance sliall unless cnncellcd or modified by [he Chnnccllor remain in forcc until repealed or anlendcd by u new Ordinance similarly passed and broughl into force.

51. Subjcct lo lhe provisions or this Act and !he Slatules and [he Ordinances, Regulations may be rnadc 10 provide for all or any of the following ma1tcrs:-

(a) [he proccdurc t o beohservrd at the meetings oiil subordinare authorily and the number of members rcquired LO form a quorum;

(b) the calliog of meetings or such subordii~a~e aulhori~y, and giving of uorice to ils mcmhers OF rhe dates or [he meetings and of the business lo bc considered lhereat and the keeping of a record of the proceedings of such meetings:

(c) mailers which by 11iis Acr, rhc Slnlutcs or 111e Ordinances are required lo be prescribed by Regula~ions;

(d) all olher mallcrs solely cw~cen~ing a subordinate authoriry or a commitlce appointed by i t and no1 provided Tor by [his ACL, the Slalulcs or rhe Ordinances.

52. ( 1 ) The Executive Council or a Committee appointed by i t shall lake inlo cons id era ti or^ drafis af Regulations, consisrenr rvirh this Act and rhe Statules and the Ordiuancrs aflcr norice of the proposcd Regulations has been given to [he members uf thc Executive Council a1 least lhree wceks in ndvancc of Ihe date fixed [or considcralion of ihc same by the Executive Council or ~ h c Com~nittee appoin~cd by i t . TheVice-Chancellor may djrecr a shor~er nolicc in a malter which in his opinion is of an emergem nalure.

XXV of 1981.1

(2) A Regularion shall be dreolcd LO he passed by [he Execulive Council i F it is agrecd 10 a1 a meeting or the Execu~ivc C o ~ ~ n c i l by a majorily OF the torn1 number of mernbcrs of the Executive Council existing at [he rime. A Reguialion shall conic inlo forcc imrnedialcly on being passed u~lless orhcrwise direcled by thc Chancellor.

(3) The Courl stlnIl havc he power, by it rcsolulion passed by a n~a jo r i~y ol ik tolaf number of mcrnhers exisling at the rime. ro cancel or modify any Regularion.

(4) A Regulalion shall, unlsss cancelled or modified by llle Courl under sub-secrion (3 ) , remain in rorce u~lr i l repcaled or amended by s new Regulation sirni lady passed and brougt~l inlo force.

53. Subject to the provisions of tliis Acl and the Sl;~tu~es. Ihe R~;ICS. Ordinances and r he Regulalions, Rules may be made for [he purpose of duly carrying our the provisions or, or exercising the powers conferred by, his Aclor to provide For lnntrzrs rvhicli, by lI~eStniurcs, the Ordinances or rhc Rcgula~ions, art: rcquired to be prescribed by Rulcs.

CHAPTER VII

MiscclIaneous and Transitory Provisions

54. (1) Thc Vice-Chanccllur or. will1 [he approval or rhc Vice- Dclcgdioli.

Chancellor, the Regis~rar, may, subject 10 thc provisions or this Act, dzlegare such of his powers or du~ies confencd or imposed by or under this Act 4s may be prescribed by the Sliirules to an officer of the University under his direct administarive con~rol.

(2) Subject to thc provisions or this Ac1,-

(a) rile Court may delegale any o!' ib powers or duties, conferred or imposcd by or under [his Aci. !+

( i ) the Vice-Chancellor,

(ii) [lie Execuli vc Council.

(iii) o cornmirtee conslilulcd from among i ls own membcrs, or

(iv) it cornmiltee appoin led in accordndce with [he S larufes;

(b) the Executive Council may delegalc any of its powers or dulics, couferred or imposed by or under this Act. t-

(i) thc Vice-Chnnccllor,

(ii) a committee constilu~ed l io~n anlong i rs own mcrnbers,

(iii) acornmiltee cunstirured in accordance ivilh [he Statu~es or [he Ordinances.

Passing, or pro~.nlc.< and ngiils. CIC.

Complcrion of cuurscs or s~udics in collcge arfiliarcd lu rhc ronucr Univcrsily.

l 'msi~ory provision< and r c ~ a l .

The Norrlr Bf l~gal Utliversiry Acr, 1981.

[Wcst Bcn. Acl

(iv) any of the Facully Councils for posl-grilduatc sludies or Coul~cils for undergraduate s~udics, or

(v) the Finnncc Co~nmittee;

(c) the FacuI~y Council for post-graduarc studies or Lhc Councils for undergr:~duute srudies )nay delegatc any of i!s powers or dutics. conferred or irnpascrl by or under this Acl, lo-

(i) [he vice-~honmllar, (ii) a cornniit~ee constiruled rrom among its own members,

(iii) a commi~lce constiluled in accordance with the Regulations, or

(iv) any or the Boards of Srudies;

(d) (be Fiaance Commirlce may delegate any of ils powers or duties. conrerrcd or imposed by or under this Act, 1-

(i) thc Vicc-Chancellor, or (ii) to a commirree constituted rrom among its own

members.

55. All properties and all righls of whatever kilid used, elljoyed or possessed by, and all intcrcs~s of wllalever kind owned by or vested in or held in rust by or Tor, the University of Norlh Bengal as conslilutcd prior ro the appointed day (hereinnf'rer reierred 10 as the former University) as well 2 s all liabilities legally subsisring against thc furmcr Univcrsity shall pass 10 thc Universily as,constirured under this'Ac1.

56. Notwithstanding anylhing contained in this Acl, the Stalu~es, the Ordinances and the Regulations, any studcnt 01 a college affilia~ed lo the former University, who was studying for any examinarion of 1he iorn-lcr Universily. shall be perrniltcd to complele his course i n preparalion rhcrcror and [he university shall hold, Tor such~studenu, examinalions in accordance with [he curricula ol'sludy in force i n the iorn~er Universily Ibr such period as rnay be prescribed.

57. (1) Thc Vicc-ChancelIor holding office at the dare of vublica~ion of this Acl in thc Oficiul Gtrzctle shall be [he first Vice-Chancellor or the Universily and shalI be deemed to have been appoin~cd under lhis ACL and he shall hold office for a period of two ycus from the dare or publication of [his Act in the Oflciul Gnze~le or t i l l hc attzlins thc age of 65 years, whichcvcr i s earlier.

(2) The first Vice-Chancellur shall. with the approval of lheCI~ancellor and wilh the assisrance or u commitree consisting of not less than ninc members nominared by thc State Goverament, cause Lhe Sta~utes, rhc Ordinances and [he R e p talions or the farmer Universjly to be reviewed and, if he considers it necessary. cause [hem lo be amended. '

Tile Nortlr Rcrigcrl Utrivcrsi~y Arr. 1981.

XXV of 1981.1

l(3) Tlie firs1 Vice-Cl~ancellor shall, wilhin six rnoiillis from thc date of pub1 icalion or rhis ACL in rhe Officirrl Gnzetle 01. williin such Iongcr period as the Slate Government m y , rro~n lime to time, by natificarion dirccr. c:tusc arrnngemenls to be made so as to complete, wirhin the period or his orficc as the Lrsl Vice-Chancellor appointed under sub- seclion (I), the constitu~ion of tlie Couri, the Excculivc Council. lbe Facully Councils for post-gri~duilte smdies, the Councils Tor undergraduate srudies and the Boards of Srudics in accordance with the provisions of thc Starules, the Ordinauces and the Rcgulil~ions of llie ibrnier University as revicwcd or amended under sub-seclion (2) as if 11iey bad already colne into forcc.

14) If, for any reasons,-

(;I) ihe conslitulio~~ or the Courr, thc Executive Couhcil and other bodies rererred to in sub-scctioo (3) cannot bc compIctcd within rhe period of office of the first Vice- Chancellor appoinlcd under sub-seclion (I) , then, on the expiry of such pcriod, thc Chancel lor oiay. i n consultation with ~ l l e Minis~er, on such tcrnls a11d conditiot~s as he thinks Fil, appoint [he first Vice-ChnnccIlor whose period of officc has expired or allother person to be thc Vice-Chancellor for [he purposcs of this sec~ion for such period ?[no[ exceeding rwo years] :IS thc Chuncellor lliiliks fit. o r

(b) a vacancy occurs iu the office or thc first Vice-Chancellor before the expiry of [he period or his office, hen. the Chancellor may. in consullnlion wilh the Minister, on such tcrms and condiljons as he thinks fit, appoint another person to be the Vice-Chancellor Tor thc purposes o i [his section Tor rhe unexpired porlion or such period w such lunher pcriod ?[no1 exceeding rrvo ycnrs] as the Chancellor thinks fit,

and rercrences in this Act to lbe firs1 Vice-Chancellor shall be deemed 10 include references to the Vice-Chancellor appointed under rhis sub-scclion.

(5) The Slare Governmcnt shall, by nolification in tile Oficinl Gaze~le, appoint a date-and on and rrom such dale the Coun, h e Executive Council, the Faculty Councils lor pos~-groduare studies. the Councils for

'Sub-scciion (3) rvas substilu~ed Tor original sub-scclion by s. 5(a) uf ihc N o h Bcn~al Univcrsily (Amcndmcnl) ACI. 1983 ( \ V c s ~ Bcn. Acr XX ni 1983). w.e.f. 8.8.83.

T h c ivods "nor cxcccding cigli~ccn monlhh" w t r t fils1 substituted lor thc words "no1 cxccdding one year", in clauses (a) and (h). by ss. ?( I ) and 212). rcspcclivcly, or thc Nonh Bcngd Univcrsiry (Amcndmcnt) Acr. 1981 (west Dcn. Acl XXVllI or 19R4)..Thcrc.1Rcr, 1I1t tvnrds wi~hin thc squarc: br~cl ieh wcre s u b s ~ i ~ u ~ c d for'thc words "no1 cxcccding cigh~ccn rn3nlhsu, in clnuses (a) and (b). by ss. ? ( I ) and 2(2) , rcspcc~ir.ely, of dlc Nonh Bcngal Univcmily (Arncndmcn~) Acr. 1485 (\Vc<t Bcn, Acl VIlI uT 1985).

[West Ben. Act

undcrgruduate studies and the Boards of Srudies shall cotnrllerice 10

exercisc their respecrive futlctions and the Slalules, the Ordinances, and the Regulations of \be former Universily 3s reviewed or amended under sub-secrion (2j shall come inlo rorcu: 'land shall be the first Slarutes, the firs1 Ordinances and [he lirsl Regulations of the Universily.]

(6) (a) The Norlh Bcngnl Universily (Temporary Supersession) Acl, \vest BC". 1978 (hereinafter referred to in lhis sub-section as lhc said Acl) shall ~ ~ ~ ~ v o r sland repealed wilh effec~ From Ihc date of publicnrion of this Act i t ) thc Oficial Guzette.

(b) No~wilhstanding such rcpcnl,- (i) until [be appointed day, rhe North Bcngnt University Council,

referred ro in clilusc (b) of section 4 of Ihe said Acr, shall contirme 10 exercisc 311 the powers and perform 1111 the duties in the mnnncr and on the terms and condilions provided in the said Act. and

(ii) any~hing done or any action Laken under the said Act shall bc dcemed ID have bccn validly done or paken under lhis Acl.

(7) '[Thc Iirst Starules, [he firs1 Ordinances and thc firs[ Regulr~~ions] stlilll remain in lorcc until new Slatulcs, new Ordinances and new Regulations are ~nadc under [lie provisions of this Act.

(8) The first Vice-ChanceIlor may, subjecr Lo rhc approval or lhc Chancellor. appoinl such ndn~inistralivc, clerical and ather staff as he deems necessary for giving effect to rhc provisions of [his sec~iofl.

(9) nn and horn llle appoin~cd day the Norlh Bengal U~liversily Acl, w,, B ~ ~ . 1961 shall s~and repealed and (hereupon- Acr Xxvl t

of 1961. (a) the Statu~es, the Ordinances and the Regulations of [he . .

Ibrrner Universily shall, subjecl to lhe provisions of sub- . ,

seclion ( S ) , stand repcalcd and all au~horiiies or bodies of the rormer University shall cease lo runction;

(b) all colleges and ins~i tu l io~~s affiliated 10 or recognized by the former Univcrsily and coainuing as such immcdiarely berore ihe appointed day shall be dccmed to be arfiliared Lo, or recognized by, Lhe University;

(c) alI colleges or ioslitutions or whatever kind esablished, maintained or managed by (he former University prior lo the appoinled day shall be decmed LO be colleges or institutions eslablished. maintained or rnanngcd by the University under this Act;

'Words wilhin Lhc squm brackcu wcre subs~iturcd lor thc wards "and shall bc the S~PIUICS. the Ordinances and f l ~ c Repul;lrions of rllc University." by i. 5(b) or rlrc Wonh Bengai Univcrsily (Amcndmcnt) Acl, 19R3'(1Vcsr Ben. ACL XX or 1963). w.c.i. 8.3.83.

-%IC wards within ihc squatc b n c h L ~ uerc subsrirurcd Tor thc \vords "n~c Stdiurt%. thc Ordinnnc~c ~ n d thc KcguIa~ions" by s. S(c). ibid.