The Vidyasagar University Act, 1981

GOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT West Bengal Act XVIII of 1981 THE VIDYASAGAR UNIVERSITY ACT, 1981. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 24th June, 1981.] [24th June, 1981.] An Act to establish and incorporate a University at Midnapore in West Bengal after the name of Pandit Iswar Chandra Vidyasagar. WHEREAS it is expedient to establish and incorporate a University at Midnapore in the State of West Bengal after the name of Pandit Iswar Chandra Vidyasagar for encouraging and providing for instruction, teaching, training and research in various branches of learning and courses of study, promoting advancement and dissemination of knowledge and learning, and extending higher education, and for meeting the growing needs of society; It is hereby enacted in the Thirty-second Year of the Republic of India, by the Legislature of West Bengal, as follows:— CHAPTER I Preliminary. 1. (1) This Act may be called the Vidyasagar University Act, 1981. Short title and (2) It shall come into force on such date as the State Government comenee- meet. may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. 2. In this Act unless there is anything repugnant in the subject or Defnitioq s. context,— (1) "affiliated" in relation to a college or an institution means affiliated to the Vidyasagar University under this Act; (2) "appointed day" means the date referred to in sub-section (5) of section 57; (3) "college" means a college established, maintained or recognized by, or affiliated to, the University and includes a college referred to in sub-section (3) of section 5; 95 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter 1.—Prelifitinary.—Section 2.) (4) "constituent college" means an affiliated college in which instruction is provided, under prescribed conditions, for honours as well as for post-graduate courses of study, and which is declared as such by the University: Provided that, if in any professional subject no honours courses of study have been prescribed, a professional college may be a constituent college although no instruction is provided in that college for honours courses of study in that subject; (5) "convocation" means a meeting of the Court for the purpose of conferring degrees, titles, diplomas, certificates or other academic distinctions; (6) "district" means the district of Midnapore or any district which may be created in future out of any part thereof; (7) "employee" in relation to the University means any person employed by the University; (8) "financial year" means the year ending on the 31st day of March; (9) "Government College" means a college maintained and managed by the State Government; ( I 0) "Governor" means the Governor of the State of West Bengal; (11) "hostel" or "hall" means a unit of residence for students recognized by the University; (12) "Librarian" means,— (a) in relation to the University, a Librarian or any other person holding a post of Librarian, by whatever name called, appointed or recognised as such by the University, and (b) in relation to an affiliated college, a Librarian or any other person holding a post of Librarian, by whatever name called, appointed or recognized by the University or appointed by such college; (13) "Minister" means the Minister-in-charge of Higher Education appointed as such by the Governor; (14) "non-teaching staff' means,— (a) in relation to the University, the non-teaching staff, not holding any teaching post (including part-time teaching post), appointed or recognized as such by the University, and 96 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter 1.—Preliminary.—Section 2.) (b) in relation to an affiliated college, the non-teaching staff, not holding any teaching post (including part time teaching post), appointed or recognized by the University or appointed by such college, but does not include an officer or a Librarian; (15) "prescribed" means prescribed by Statutes, Ordinances, Regulations or Rules made under this Act; (16) "Principal" means the head of a college or of an institution, by whatever name called; (17) "professional subject" means any of the following subjects, namely, Law, Medicine, Engineering, Teachers' Training, Technology, Agriculture, Journalism, Management Studies or such other subject as may be prescribed by Regulations; (18) "Statutes", "Ordinances", "Regulations" and "Rules" mean, respectively, the Statutes, Ordinances, Regulations and Rules of the University made under this Act; (19) "Students' Union", in relation to the University or an affiliated college, means Students' Union constituted in the manner prescribed; (20) "Teacher" means a Professor, Associate Professor, Assistant Professor, Reader, Principal, Lecturer, Demonstrator, Instructor or any other person holding a teaching post including a part-time teaching post, appointed or recognized by the University or appointed by an affiliated college or institution; (21) "Teacher of the University" means a Professor, Reader, Lecturer or any other person appointed or recognised as such by the University, either whole-time or part-time for the purpose of imparting instruction or conducting research in the University; (22) "University" means the Vidyasagar University of Midnapore as constituted under this Act; (23) "University Laboratory", "University Library", "University Museum" or "University Institution" means a laboratory, a library, a museum or an institution, as the case may be, maintained and managed by the University, whether established by it or not; (24) "University Professor", "University Reader" or "University Lecturer" means a Professor, Reader or Lecturer appointed or recognised as such by the University. 97 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter 11.—The University and its officers.—Sections 3, 4.) CHAP IER II The University and its officers. The Uni- 3. (1) The first Chancellor and the first Vice-Chancellor of the versity. University and the first members of the Court and the Executive Council, and all persons who may hereafter become the Chancellor or the Vice- Chancellor of the University or the members of the Court or the Executive Council so long as they continue to hold such office or membership shall constitute a body corporate by the name of the Vidyasagar University. (2) The University shall have perpetual succession and a common seal and shall sue and be sued in the name of the Vidyasagar University. Powers of the 4. The University shall have the following powers, namely:— University. (1) to encourage and provide for instruction and training in such branches of learning as it may think fit, to make provision for research and to promote the advancement and dissemination of knowledge; (2) to establish and develop specialised Research Centres, inter- disciplinary centres or similar institutions for studies and to undertake research in tribal problems, rural development and marine biology; (3) to organise specialised diploma, degree or post-graduate courses, as the case may be, in such subjects as Tribal languages, habitat and customs, rural administration, coastal salinity, forestry, floriculture, pesticides, wild life management, pisciculture, marine fishery and also in subjects like rural and urban planning, manpower planning, regional resources planning and development, ecology and environmental studies, agricultural and rural industries and marine resource development; (4) to organise short courses at the post-Master of Arts or post- Master of Science stage for those who are otherwise suitable for teaching the non-traditional courses mentioned in clause (3); (5) to make such academic studies as may contribute to the improvement of economic conditions and welfare of the people in general and the tribal people in particular; (6) to establish, maintain or manage colleges, libraries, laboratories, museums and such other institutions as it may consider fit; 98 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter 11.—The University and its officers.—Section 4.) (7) to recognise any college or institution as a constituent college or a professional college and to withdraw such recognition in respect of any such college or institution; (8) to develop colleges imparting Honours courses under the direct supervision of the University with the ultimate object of developing such colleges as exclusive Honours colleges, i.e., colleges admitting Honours students only and providing only pass teaching for the subsidiary subjects of Honours students: Provided that the provisions of this clause shall not debar other colleges from introducing both Honours and Pass courses; (9) to affiliate to itself any college, institution or centre and to withdraw affiliation of such college, institution or centre; (10) to institute degrees, titles, diplomas, certificates and other academic distinctions; (11) to hold examinations and to confer degrees, titles, diplomas, certificates and other academic distinctions on persons who— (a) shall, unless exempted therefrom in such manner as may be prescribed by Statutes, have pursued in an affiliated or constituent college or in the University or in an institution or centre recognized by the University such courses of study and shall have passed such examination of the University as may be prescribed, or (b) shall have carried on research under such conditions as may be prescribed; (12) to confer honorary degrees or other academic distinctions under such conditions as may be prescribed; (13) to co-operate with other Universities and educational authorities in such manner and for such purposes as the University may determine; (14) to institute and to make appointment to Professorship, Readership, Lectureship and other teaching posts required by the University; (15) to institute and award fellowships, scholarships, exhibitions, prizes, medals and other honours and distinctions; 99 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter IL—The University and its officers.—Section 4.) (16) to prescribe, demand and receive fees, fines and other charges; (17) to establish, maintain and manage hostels, halls and other places of residence for the students of the University and Teachers, officers and other employees and to recognize such hostels, halls and other places of residence and to withdraw recognition therefrom; (18) to provide for the supervision and control of residence and discipline of students of the University and to make arrangements for promotion of their health and general welfare; (19) to conduct, co-ordinate, regulate and control the post- graduate research work and teaching in the University, the constituent and affiliated colleges and the institutions recognized by the University; (20) to prescribe the powers and duties of officers of the University; (21) to provide for the inspection, or investigation into the affairs, of a college or an institution recognized by the University; (22) to create and to make appointment to such administrative, clerical and other posts under the University as it may deem fit; (23) to accept grants from the Central or any State Government or the University Grants Commission and with the approval of State Government from other sources; (24) to raise loans or to accept loans from the Central or the State Government or the University Grants Commission and with the approval of State Government from other sources; (25) to prescribe for colleges, other than Government colleges,— (a) the constitution, powers and functions of their Governing Bodies; (b) the terms and conditions of service of— (i) Librarians, and (ii) non-teaching staff; (26) to make rules for Provident Fund for colleges; (27) to prescribe for colleges rules for Teachers' Council; 100 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter 11.—The University and its officers.—Section 5.) (28) to take over for a period of twelve months the management of any affiliated, constituent or professional college, institution or centre, other than a Government college or institution, in order to ensure that proper standard of teaching, training or instruction is maintained therein: Provided that the University may, if it considers necessary so to do, extend such period so, however, that the aggregate period shall not exceed eighteen months; (29) to dissolve the Governing Body of any affiliated, constituent or professional college or institution, other than a Government College, and, pending reconstitution of Governing Body thereof in such manner as may be prescribed, to appoint an Administrator or an ad hoc Governor Body: Provided that re-constitution of the Governing Body shall be made within a period of twleve months from the date of dissolution: Provided further that the University may, if it considers necessary so to do, extend such period so that the aggregate period shall not exceed eighteen months; (30) to enter into contracts and agreements with the approval of the State Government: (31) to acquire, hold and dispose of properties, moveable and immovable, for furthering any of the objects of the University; (32) to make grants for the maintenance of the National Cadet Corps and the National Social Service; (33) generally to do all such acts and things as may be necessary or desirable for, or incidental to, the advancement of the objects or purposes of the University. 5. (1) Save as otherwise provided in this Act, the powers of the Jurisdiction of the University conferred by or under this Act shall not extend beyond the University. limit of any district referred to in clause (6) of section 2. (2) Notwithstanding anything contained in sub-section (1), any college or institution situated beyond the limit of any district referred to in clause (6) of section 2 may, with the sanction of the State Government, apply to the University for affiliation and the University may, subject to such conditions and restrictions as it may with the approval of the State Government think fit to impose, admit the same to all the privileges of the University. 101 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter 11—The University and its officers.—Sections 6-8.) (3) Notwithstanding anything contained in any other law for the time being in force, with effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf (hereinafter in this section referred to as the said date)— (a) such colleges existing on the said date within the limits of the district•referred to in clause (6) of section 2 as may be specified in the notification shall— (i) be deemed to be affiliated to the University and continue to be so affiliated until the University otherwise directs; and (ii) cease to be affiliated to the University of Calcutta or any other University to which they may have been affiliated before the said date; (h) any Teacher, Principal or member of the Governing Body of any such college holding, by virtue of his being such Teacher, Principal or member, any office in or under the University of Calcutta or any of the authorities of the said University shall cease to hold such office and the vacancy so caused shall be deemed to be a casual vacancy for the purposes of the Calcutta West Ben. University Act, 1979; Act XXXVIII of 1979. (c) no college or institution situated within the local limits of the jurisdiction of the University, but not admitted to its privileges, shall be associated with or be admitted to the privileges of any other university except with the previous approval of the State Government. Delegation 6. The University may delegate such of its powers as it may deem of powers to expedient to any of the authorities constituted under section 16 or to any subordinate authorities. of its officers, and may, at any time, withdraw at its discretion any power so delegated. Officers 7. The following shall be the officers of the University:— of the University. (i) the Vice-Chancellor, (ii) the Registrar, (iii) the Finance Officer, and (iv) such other persons in the service of the University as the University may declare to be officers of the University. The 8. (1) The Governor shall, by virtue of his office, be the Chancellor Chancellor. of the University. He shall be the Head of the University and the President of the Court and shall, when present, preside at the meetings of the Court. 102 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter 11.—The University and its officers.—Section 9.) (2) The Chancellor shall exercise such powers as may be conferred on him by or under the provisions of this Act. (3) Where power is conferred upon the Chancellor to make nominations to any authority or body of the University, the Chancellor shall, to the extent necessary, nominate persons to represent interests not otherwise adequately represented. (4) Every proposal to confer any honorary degree shall be subject to confirmation by the Chancellor.. 9. (1) The Vice-Chancellor shall be appointed by the Chancellor The Vice- Chancellor. on the unanimous recommendation of the Court. If the Court fails to make any such recommendation, the Vice-Chancellor shall be appointed by the Chancellor in consultation with the Minister from a panel of three persons to be elected by the Court in accordance with the system of proportional representation by means of the single transferable vote. (2) (a) The Vice-Chancellor shall hold office for a term of four years or till he attains the age of 65 years, whichever is earlier, and shall, subject to the provisions of this section, be eligible for re-appointment for another term of four years or till he attains the age of 65 years, whichever is earlier. (b) The Chancellor may, notwithstanding the expiration of the term of the office of the Vice-Chancellor or his attaining the age of 65 years, allow him to continue in office till a successor assumes office, provided that he shall not continue as such for any period exceeding six months. (3) The Vice-Chancellor shall be a whole-time officer of the University and shall be paid from the University Fund such salary and allowances as the Chancellor may decide in consultation with the State Government. (4) The Vice-Chancellor may resign his office by writing under his hand addressed to the Chancellor. (5) If— (a) the Vice-Chancellor is, by reason of leave, illness or any other cause, temporarily unable to exercise the powers and perform the duties of his office, or (b) a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation or expiry of the term of his office or otherwise, then, during the period of such temporary inability or pending the appointment of a Vice-Chancellor, as the case may be, the Chancellor may, in consultation with the Minister, appoint any person to exercise the powers and perform the duties of the Vice-Chancellor. 103 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter 11.—The University and its officers.—Section 10.) (6) The vacancy in the office of the Vice-Chancellor occurring by reason of death, resignation or expiry of the term of his office or otherwise shall be filled up by appointment of a Vice-Chancellor in accordance with the provisions of sub-section (1) within a period of six months from the date of occurrence of the vacancy. Powers 10. (1) The Vice-Chancellor shall be the principal executive and and duties of the Vice- academic officer of the University and shall, in the absence of the Chancellor. Chancellor, preside at the meeting of the Court. He shall, by virtue of his office, be a member and the Chairman of the Executive Council and the Faculty Councils for post-graduate studies and also the Chairman of any other authority or body of the University of which he may be a member. He shall also be entitled to be present at and to address any meeting of any other authority or body of the University of which he may not be a member, but shall not be entitled to vote thereat. (2) The Vice-Chancellor shall have the power to convene meetings of the Court, the Executive Council, the Faculty Councils for post-graduate studies, the Council for undergraduate studies and of any other authority or body of the University. (3) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act, and the Statutes, the Ordinances and the Regulations, are faithfully observed, and to take such action as may be necessary for this purpose. (4) The Vice-Chancellor shall have the power to exercise general control and supervision over all other officers of the University and over all Teachers and employees of the University and generally over all the affairs of the University. (5) The Vice-Chancellor shall exercise such other powers and discharge such other duties as may be delegated to him by any authority or body of the University or as may be prescribed by Statutes, Ordinances or Regulations. (6) The Vice-Chancellor may take on behalf of the University such action as he may deem expedient in any matter which, in his opinion, is either urgent or of an emergent nature and shall report the same for confirmation at the next meeting of the authority or body which, in the ordinary course, would have dealt with the matter: Provided that if the action taken by the Vice-Chancellor is not approved by the authority or body concerned, or if there is no such authority or body constituted under this Act, the matter shall immediately be referred to the Chancellor whose decision thereon shall be final. 104 The Vidyasagar University Act, 1981: XVIII of 1981.] (Chapter 11.—The University and its officers.—Sections 11-13.) (7) The Vice-Chancellor may, with the approval of the Executive Council, at any time delegate any of his powers other than the powers referred to in sub-section (6) to any other officer subordinate to him. 11. (I) The Registrar shall be a whole-time officer of the University The and shall be appointed by the Executive Council on the recommendation Registrar. of a Committee consisting of the Vice-Chancellor as Chairman, two nominees of the Executive Council, a nominee of the Chancellor and a nominee of the State Government. He shall be appointed for such period and on such terms and conditions as may be prescribed. (2) The Registrar may resign his office by writing under his hand addressed to the Vice-Chancellor. (3) If the Registrar is for any reason temporarily unable to exercise the powers or perform the duties of his office, the Vice-Chancellor may, with the approval of the Executive Council, appoint a Teacher of the University or an officer of the University temporarily for a total period not exceeding six months to exercise the powers and perform the duties of the Registrar. 12. Subject to the supervision, direction and general control of the Powers and duties Vice-Chancellor, the Registrar shall act as the Secretary of the Court as of the also of the Executive Council and shall exercise such powers and perform Registrar. such duties as may be prescribed, or delegated to him by or under the provisions of this Act and the Statutes, the Ordinances or the Regulations, as the case may be. 13. (1) The Finance Officer shall be a whole-time officer of the The Finance University and shall be appointed by the Executive Council on the Officer. recommendation of a Committee consisting of the Vice-Chancellor as Chairman, two nominees of the Executive Council, a nominee of the Chancellor and a nominee of the State Government. He shall be appointed for such period and on such terms and conditions as may be prescribed. (2) The Finance 'Officer may resign his office by writing under his hand addressed to the Vice-Chancellor. (3) If the Finance Officer is for any reason temporarily unable to exercise the powers or perform the duties of his office, the Vice-Chancellor may, with the aproval of the Executive Council, appoint a person temporarily for a total period not exceeding six months to exercise the powers and perform the duties of the Finance Officer. 105 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter 11.—The University and its officers.—Sections 14, 15.— Chapter 111.—Authorities of the University.—Sections 16, 17.) Powers 14. (1) Subject to the supervision, direction and general control of and duties the Vice-Chancellor, the Finance Officer shall be in charge of the of the Finance administration of the funds, the finances and the properties and assets of Officer. the University and of all trusts and endowments; and he shall take special interest in activities that aim at raising funds for the purposes of the University and augmenting resources of the University. (2) The Finance Officer shall exercise such other powers and perform such other duties as may be prescribed or delegated to him by or under the provisions of this Act and the Statutes, the Ordinances or the Regulations, as the case may be. Supervisory 15. In their respective spheres of duties, the Registrar and the Finance powers of the Officer shall, subject to the provisions of this Act, have the power of Registrar and the Finance supervision and control over all officers and employees serving in Officer. departments under their charge and shall exercise such disciplinary power as may be conferred on them by or under this Act, or by Statutes or Ordinances. CHAPTER III Authorities of the University. Authorities. 16. The following shall be the authorities of the University:— (1) the Court; (2) the Executive Council; (3) the Faculty Councils for post-graduate studies; (4) the Councils for undergraduate studies; (5) the Boards of Studies; (6) the Finance Committee; (7) such other authorities as may be established under the Statutes. The Court. 17. (1) The Court shall consist of the following members:— (a) ex officio members (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the Deans of the Faculty Councils for post-graduate studies; (iv) the Heads of the post-graduate Departments; (v) the Secretary, Education Department, Government of West Bengal; 106 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter 111.—Authorities of the University.—Section 17.) (vi) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Deputy Secretary to the Government of West Bengal; (vii) the President, West Bengal Council of Higher Secondary Education; (viii) the President, West Bengal Board of Secondary Education; (ix) the Director, Indian Institute of Technology, Kharagpur; (x) the Principals of constituent colleges; (b) elected members (xi) not more than three Professors of the University (other than Heads of Departments) belonging to Depart- ments under separate Faculty Councils for post- graduate studies, elected jointly by the Professors of the University (other than Heads of Departments); (xii) not more than six Teachers of the University other than Professors elected by such Teachers from amongst themselves of whom at least one shall belong to any Department under each of the Faculty Councils for post-graduate studies; (xiii) six Teachers other than Principals of whom at least one shall be a woman elected by the Teachers of affiliated colleges frOm amongst themselves; (xiv) three Principals of affiliated colleges other than constituent colleges elected by the Principals of such affiliated colleges; (xv) three members of the West Bengal Legislative Assembly, of whom at least two shall be from the territorial jurisdiction of the University, elected by the members of the West Bengal Legislative Assembly; (xvi) three regular post-graduate students of the University, of whom one shall be a lady student, elected by an electoral college of such students constituted in the manner prescribed. Explanation I.—"Regular post-graduate student" shall mean a student who has been prosecuting his studies in a post-graduate Department of the University under any Faculty Council for post- graduate studies and who is not in default of payment of the prescribed tuition fees and other dues of the University till such date as may be notified by the University in this behalf. 107 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter III —Authorities of the University.—Section 17.) Explanation 11.—Notwithstanding anything contained elsewhere in this Act, a member elected under this clause shall hold office for a period of two years from the date of his election or till he ceases to be a regular post-graduate student of the University, whichever is earlier; (xvii) two regular students prosecuting their studies in undergraduate or post-graduate degree classes of affiliated colleges elected by an electoral college of such students constituted in the manner prescribed. Explanation 1.—"Regular student" shall mean a student who has been prosecuting his studies in any stream in an undergraduate or post-graduate degree class of an affiliated college and who is not in default of payment of prescribed tuition fees and other dues of such college till such date as may be notified by the State Government in this behalf. Explanation II.—Notwithstanding anything contained elsewhere in this Act, a member elected under this clause shall hold office for a period of three years from the date of his election or till he ceases to be a regular student, whichever is earlier; (xviii) one Research Scholar or Research Fellow of the University elected by such Research Scholar and Research Fellows in the manner prescribed. Explanation I.—"Research Scholar" or "Research Fellow" shall mean a wholetime Research Scholar or Research Fellow of the University who receives a stipend from the University. Explanation II.—Notwithstanding anything contained elsewhere in this Act, a Research Scholar or Research Fellow elected under this clause shall hold office for a period of two years from the date of his election or till he ceases to be a Research Scholar or Research Fellow of the University; (xix) one member elected by the Librarians of the University and of the colleges affiliated to the University from amongst themselves; (xx) three members elected by the members of the non- teaching staff of the University from amongst themselves; (xxi) two members elected by the members of the non- teaching staff of colleges affiliated to the University from amongst themselves; 108 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter 111.—Authorities of the University.—Section 18.) (xxii) one member elected by the officers of the University from amongst themselves; (c) nominated members (xxiii) four persons to be nominated by the State Government of whom,— (a) one shall be from the members of the registered trade unions within the territorial jurisdiction of the University, (b) one shall be from the members of the peasants' association within the territorial jurisdiction of the University, (c) one shall be a primary school teacher within the territorial jurisdiction of the University, (d) one shall be a secondary school teacher within the territorial jurisdiction of the University; (xxiv) three persons having special interest in the University, of whom two shall be persons representing the professions of banking, industry, agriculture, and scientific and technical societies and one shall be a person having interest in the welfare of the scheduled castes and scheduled tribes community, nominated by the Chancellor. (2) All elections to the Court shall be held in the manner prescribed by Statutes. 18. (1) Subject to such conditions as may be provided by or under Powers and the provisions of this Act, the Court shall exercise the following powers functions of the Court. and perform the following functions:— (i) to establish University Departments, institutions, centres, libraries, laboratories and museums for study and research; (ii) to create and institute, with the approval of the State Government, Professorships, Readerships, Lectureships and such posts including post of officers as may be necessary for the establishment of the University Departments, institutions centres, libraries, laboratories and museums referred to in clause (i); (iii) to institute degrees, titles, diplomas, certificates and other academic distinctions; (iv) to institute fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes to be awarded out of the University Fund; 109 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter 111—Authorities of the University.—Section 18.) (v) to confer degrees, titles, diplomas, certificates and other academic distinctions on persons who— (a) have pursued prescribed courses of studies or have been exempted therefrom in the manner prescribed, and have passed such examinations a's may be prescribed, or (b) have carried on research in accordance with such conditions as may be prescribed; (vi) to withdraw or to cancel degrees, titles, diplomas, certificates or other academic distinctions under such conditions as may be prescribed by Statutes and after giving the person affected a reasonable opportunity to present his case; (vii) to confer honorary degrees or other academic distinctions; (viii) to consider the Annual Statement of Accounts and the Annual Financial Estimates approved by the Executive Council and to pass such resolutions relating thereto as may be considered necessary: Provided that for the purpose of passing a resolution modifying or rejecting any such Annual Financial Estimates it shall be necessary for a majority of the total number of members of the Court existing at the time to vote'in favour of the resolution; (ix) to consider the Annual Report as prepared by the Executive Council and to pass such resolutions relating thereto as may be considered necessary; (x) to consider, and advise on, such other reports from the Executive Council or any other body as may be made to it; (xi) to consider, and advise on, proposals from the Executive Council for entering into an agreement with the Government or, with the approval of the State Government, with any person, body or authority for the taking over by the University of the management of any college, institution or centre, including its assets and liabilities, or for any other purpose not repugnant to the provisions of this Act; (xii) to consider, and advise on, proposals from the Executive Council for co-operation with other universities, institutions and educational authorities in matters that relate to or further the educational objectives of the University; 110 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter 111.—Authorities of the University.—Sections 19, 20.) (xiii) to consider and suggest measures for the improvement of the administration and finances of the University and generally for the furtherance of its objectives; (xi v) to make rules for the transaction of its own business; (xv) to exercise all other powers and perform all other duties conferred and imposed on the Court by or under this Act. (2) The Court shall not exercise the powers referred to in clauses (i) to (vii) of sub-section (1) except on the recommendation of the Executive Council, but may send proposals in respect thereof to the Executive Council for its recommendation. (3) The Court shall have the powers to review the action of the Executive Council, save where the Executive Council has acted in accordance with the powers conferred on it by or under this Act: Provided that if any question arises as to whether the Executive Council has acted in accordance with powers conferred on it by or under this Act, the question shall be decided by reference to the Chancellor whose decision shall be final. 19. (1) The Court shall meet at least thrice in a financial year, other Meeting of than for convocation, on dates to be fixed by the Vice-Chancellor. One of the Court. such meetings shall be held before March and shall be called the Annual Meeting. The Court may also meet at such other times as it may, from time to time, decide. (2) One-third of the total number of members of the Court plus one shall be a quorum for a meeting of the Court: Provided that such quorum shall not be required at a convocation. (3) The Vice-Chancellor may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than one-third of the total number of members of the Court, convene a meeting of the Court. A meeting on such requisition shall be held within fifteen days of the receipt of the requisition by the Vice-Chancellor. 20. (1) The Executive Council shall consist of the following The members:— (cid:9) Executive Council. (a) ex officio members (i) the Vice-Chancellor; (ii) the Deans of the Faculty Councils for post-graduate studies; (iii) the Secreatry, Education Department, Government of West Bengal; (iv) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Deputy Secretary to the Government of West Bengal; 1 1 1 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter 111.—Authorities of the University—Section 20.) (v) the President, West Bengal Council of Higher Secondary Education; (vi) the Director, Indian Institute of Technology, Kharagpur. (b) elected members (vii) one Professor of the University elected by such Professors; (viii) two Readers or Lecturers of the University elected by such Readers and Lecturers of the University as are members of the Faculty Councils for post- graduate studies from amongst themselves; (ix) one Professor of the University elected by such Professors as are members of the Court from amongst themselves; (x) two Readers or Lecturers of the University elected by such Readers and Lecturers of the University as are members of the Court from amongst themselves; (xi) one Teacher of undergraduate colleges elected by such Teachers of undergraduate colleges as are members of the Court from amongst themselves; (xii) one Principal elected by the members of the Council for Undergraduate Studies in Arts, Science and Commerce from amongst such Principals of colleges as are members of the Council; (xiii) one member of the non-teaching staff of the University elected by such members of the non- teaching staff of the University as are members of the Court from amongst themselves; (xiv) one student elected by such students as are members of the Court from amongst themselves; (xv) one member of the West Bengal Legislative Assembly elected by such members of the West Bengal Legislative Assembly as are members of the Court from amongst themselves; (xvi) the member elected to the Court under clause (xxii) of sub-section (1) of section 17; (xvii) six Teachers of affiliated colleges elected jointly by the Teacher-members of the Councils for undergraduate studies from amongst themselves; (c) nominated members (xviii) two persons nominated by the Chancellor; (xix) one Principal of a constituent college nominated by the Chancellor in order of seniority by rotation. 112 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter 111.—Authorities of the University—Section 21.) (2) All elections to the Executive Council shall be held in the manner prescribed by Statutes. (3) One-third of the total number of members of the Executive Council shall be a quorum for a meeting of the Executive Council. 21. Subject to the provisions of this Act, the Executive Council Powers and shall exercise the following powers and perform the following functions of the functions:— Executive (i) to initiate proposals for the making of Statutes and Council. Ordinances including proposals for amendment or repeal thereof, in the manner hereinafter provided; (ii) to recommend to the Court, after consulting the respective Faculty Councils for post-graduate studies, the establishment of University Departments, institutions, centres, libraries, laboratories and museums for study and research; (iii) to maintain University Departments, University Institutions, University Libraries, University Laboratories and University Museums; (iv) to establish, maintain and manage hostels and halls; (v) to direct the inspection of University Libraries, University Laboratories, University Museums, hostels and halls; (vi) to recommend to the Court, after consulting the respective Faculty Councils for post-graduate studies, the institution of fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes, the expenses of which shall be met from the University Fund, and to award the same after institution thereof by the University; (vii) to recommend to the Court, after consulting the respective Faculty Councils for post-graduate studies, the creation and institution of Professorships, Readerships, Lectureships and such posts as may be necessary for the establishment of the University Departments, institutions, colleges, libraries, laboratories and museums referred to in clause (i) of sub-section (1) of section 18; (viii) to create, with the approval of the State Government, posts of officers, Teachers and other employees of the University or to recommend to the Court for creation of posts of officers and Teachers of the University; (ix) to appoint Teachers, officers and employees of the University and to fix their emoluments and define their duties and other terms and conditions of service in accordance with the Statutes and the Ordinances and to 113 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter 111.—Authorities of the University—Section 21.) suspend, discharge or otherwise punish in accordance with the Statutes and the Ordinances such Teachers, officers and employees; (x) to pass appropriate orders on the basis of the recommendation of the respective Council for undergraduate studies regarding affiliation of a college or an institution or a centre in one or more subjects or withdrawal of affiliation or recognition of a college or an institution or a centre or temporary take over of the management of an affiliated or a recognised college or institution or a centre; (xi) to make draft of Statutes, on the recommendation of the respective Council for undergraduate studies, for colleges, other than Government Colleges, prescribing the constitution, powers and functions of their Governing Bodies; (xii) to determine, with the approval of the State Government, the terms and conditions of service of Librarians and non- teaching staff; (xiii) to make rules for Teachers' Council for colleges and, with the approval of the State Government, rules for provident fund for colleges; (xiv) to prescribe and collect fees or charges for the registration of students and their admission to courses of studies organised by the University, for holding examinations, for the grant of degrees, diplomas and certificates, and for other like purposes; (xv) to recommend to the Court, after consulting the respective Faculty Councils for post-graduate studies, the institution of degrees, titles, diplomas, certificate and other academic distinctions; (xvi) to recommend to the Court, on the advice of the appropriate body, the conferment of degrees, titles, diplomas, certificates and other academic distinctions on persons who have pursued prescribed courses of studies or have been exempted therefrom in the prescribed manner, and have passed such examinations, or have carried on research under such conditions, as may be prescribed; (xvii) to recommend to the Court the conferment of honorary degrees and other academic distinctions; (xviii) to approve the constitution or reconstitution of the respective department of teaching in the University on the recommendation of the respective Faculty Council for post-graduate studies; 114 The Vidyasagar University Act, 1981. XVIII of 1981.1 (Chapter 111.—Authorities of the University—Section 21.) (xix) to make regulations regarding the courses of studies and the division of subjects after obtaining and considering the recommendation of the Faculty Councils for post- graduate studies and Councils for undergraduate studies in this regard; (xx) to make regulations regarding the examinations which shall be recognized as the equivalent examinations held by the University; (xxi) to make regulations regarding the conduct of examinations held by the University and the condition under which students may be admitted to the different courses of studies of and the examinations held by the University; (xxii) to make regulations regarding all other matters which may be or are required to be prescribed or provided for by regulations; (xxiii) to provide for co-operation and reciprocity among colleges, institutions and laboratories and the University so as to foster th&development of academic life and to ensure the fullest utilisation of the teaching resources available on the recommendation of the respective Faculty Council for post-graduate studies or Council for undergraduate studies; (xxiv) to give directions regarding the form, custody and use of the common seal of the University; (xxv) to acquire, hold and dispose of property, movable and immovable, and to administer all assets, properties and funds of the University and to undertake all measures necessary or desirable for the conservation or augmentation of the resources of the University: Provided that for the purpose of disposing of any property valued at not less than one lakh of rupees, previous approval of the Court shall be necessary; (xxvi) to accept and administer gifts, endowments and benefactions for the furtherance of the purposes of this Act; (xxvii) to accept grants and, with the approval of the State Government, to raise or accept loans on behalf of the University and to make grants or advances from the University Fund or other special funds maintained by the University; (xxviii) to enter into an agreement with the State Government or with the approval of the State Government with any person, body or authority for the taking over by the University of the management of any college or institution, including its assets and liabilities, or for any other purpose 115 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter 111.—Authorities of the University—Section 21.) not repugnant to the provisions of this Act on the recommendation of the Faculty Council for post-graduate studies or the Council for undergraduate studies concerned; (xxix) to manage the Press Establishment, the Publication Bureau and the Employment Bureau of the University and to exercise general supervision over Students' Unions, University Extension Board and University Sports Board, if any, and other bodies instituted by the University; (xxx) to approve the Annual Statements of Accounts and the Annual Financial Estimates of the University and to submit the same to the Court for consideration; (xxxi) to prepare the annual report and submit the same to the Court for consideration; (xxxii) to make due provision for the health, welfare, residence and discipline of students and their relationship with the University and to provide for such other training of students as may be considered desirable; (xxxiii) to co-operate with other universities, institutions, associations, societies or bodies on such terms and for such purposes, not inconsistent with the purposes of this Act, as it may determine; (xxxiv) to make rules for the transaction of its own business; (xxxv) to prescribe on the recommendation of the Faculty Council for post-graduate studies concerned the minimum qualifications for the posts of Principal, Teachers and Teachers of the University; (xxxvi) to hold and conduct University examinations leading to degrees, diplomas and certificates and to approve and publish the results thereof in accordance with the regulations made in this behalf;

(xxxvii) to exercise all other powers and perform all other functions conferred and imposed on the Executive Council by or under this Act; (xxx iii) to exercise general supervision over the Faculty Councils for post-graduate studies and the Councils for undergraduate studies and give such directions to these Councils for the due discharge of their respective duties as it may consider necessary. 116 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter 111.—Authorities of the University.—Sections 22, 23.) 22. (1) There shall be the following Faculty Councils for post- The Faculty graduate studies:— Councils for post- (a) the Faculty Council for Post-Graduate Studies in Arts and graduate Commerce; studies. (b) the Faculty Council for Post-Graduate Studies in Science. (2) Each Faculty Council for post-graduate studies shall consist of the following members:— (i) Vice-Chancellor—Chairman; (ii) the Head or Heads of the Department or Departments concerned, if any; (iii) the Professor or Professors of the Department or Departments concerned, if any; (iv) two Teachers (participating in post-graduate teaching in the subject or subjects concerned) from constituent colleges or professional colleges, nominated by the Vice- Chancellor; (v) four Teachers other than Professors—at least one from any Department under the Faculty Council for post-graduate studies concerned—elected jointly by such Teachers; (vi) one person having special knowledge in the subject or subjects concerned nominated by the Vice-Chancellor; (vii) three Teachers participating in undergraduate teaching in the subject or subjects concerned, elected by the members of the Councils for undergraduate studies from amongst themselves. (3) Each Faculty Council" for post-graduate studies shall have a Secretary to be appointed by the Executive Council. (4) One-third of the total, number of members of a Faculty Council for post-graduate studies shall be a quorum for a meeting of the Faculty Council. 23. Subject to the provisions of this Act and the Statutes, the Powers and Ordinances and the Regulations, a Faculty Council for post-graduate functions of the studies shall exercise the following powers and perform the following Faculty functions:— Council for post- (i) to make proposals to the Executive Council for the graduate establishnlent of University Departments, institutions, studies. centres, libraries, laboratories and museums for study and research pa,be maintained by the University; (ii) to recommend to the Executive Council the creation and institutipn of Professorships, Readerships, Lectureships and ,other teaching posts and the duties and emoluments thereof; 117 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter 111. Authoritiesof the University.—Section 23.) (iii) to make proposals to the Executive Council for the promotion of research and, through special committees, if any, constituted for the purpose, to call for reports on such research work from persons engaged therein, and to make recommendations to the Executive Council thereon; (iv) to recommend to the Executive Council the minimum qualifications for the posts of Teachers and Teachers of the University; (v) to make proposals to the Executive Council regarding provisions to be made for enabling the University to undertake specialisation of studies and for organisation of common laboratories, libraries, museums, institutes of research and other institutions, maintained by the University; (vi) to constitute or reconstitute the departments of teaching with the approval of the Executive Council; (vii) to make pi °visions for lecturers and instructions for students of constituent colleges and University Laboratories and also for other persons who are not such students; (viii) to advise the Executive Council on the institution of degrees, titles, diplomas, certificates and other academic distinctions; (ix) to provide for the inspection or the investigation into the affairs of any University Department or any institution established, maintained or managed by the University and submit report to the Executive Council; (x) to have general supervision over the Boards of Studies attached to the Faculty Council; (xi) to frame rules relating to the courses of post-graduate studies and division of subjects in regard thereto and to recommend to the Executive Council the making of Regulations in this behalf; (xii) to appoint, if required by the Executive Council, after considering the views of the Boards of Studies attached to the Faculty Council, Boards of Examiners in the subject or subjects relating to post-graduate studies, including the subjects for doctoral thesis and prizes and medals; (xiii) to call' for such reports or information as the Faculty Council may consider necessary for efficient discharge of its duties from the teaching departments, research units or Boards of Studies; (xiv) to consider any educational matter relating to the Faculty Council and to arrive at decisions or make recommendations pertaining thereto to the appropriate authority or officer; 118 The Vidvasagar University Act, 1981. XVIII of 1981.] (Chapter 111.—Authorities of the University.—Section 24.) (xv) to maintain contact with the corresponding Council for undergraduate studies for the purpose of sharing ideas and ensuring co-ordination; (xvi) to submit each year its annual report to the Executive Council; (xvii) to make rules for the transaction of its own business; (xviii) to exercise all other powers and perform all other functions conferred and imposed on it by or under this Act; (xix) to delegate to the teaching departments, research units, and Boards of Studies attached to it the responsibility for such academic matters as respectively concern such departments, units and Boards; (xx) to recommend to the Executive Council the conferment of post-graduate degrees, diplomas and certificates. 24.. (1) There shall be the following Councils for undergraduate The Councils studies:— (cid:9) for under- oraduate (i) the Council for Undergraduate Studies in Arts, Science and studies. Commerce; (ii) the Council for Undergraduate Studies in Law. (2) The Council for Undergraduate Studies in Arts, Science and Commerce shall consist of the following members:— (i) the Vice-Chancellor—Chairman; (ii) the Deans of the Faculty Councils for post-graduate studies in Arts, Commerce and Science; (iii) ten Teachers of affiliated colleges imparting teaching in Arts, Science and Commerce, of whom one shall belong to a teachers' training college or other professional college, if any, elected by Teachers of such colleges; (iv) two Teachers participating in post-graduate teaching in the subject or subjects concerned, elected by the members of the Faculty Councils for post-graduate studies from amongst themselves; (v) four Principals—three from the undergraduate colleges of Arts, Science and Commerce and one from a teachers training college—elected jointly by the Principals of such colleges; (vi) two persons having special knowledge in the subject or subjects concerned, nominated by the Vice-Chancellor. 119 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter 111—Authorities of the University—Section 25.) (3) The Council for Undergraduate Studies in Law shall consist of the following members:— (i) the Vice-Chancellor—Chairman; (ii) the Principal or Principals of Law Colleges; (iii) the Heads of Departments; (iv) not more than six Teachers participating in teaching in the subject concerned elected by such Teachers from amongst themselves; (v) two persons having special knowledge in the subject concerned, nominated by the Vice-Chancellor. (4) Each Council for undergraduate studies shall have a Secretary to be appointed by the University. (5) All elections to the Councils for undergraduate studies shall be held in the manner prescribed by Statutes. (6) One-third of the total number of members of a Council for undergraduate studies shall be a quorum for a meeting of the Council. 25. Subject to the provisions of this Act, and the Statutes, the Powers and functions of Ordinances and the Regulations, a Council for undergraduate studies the Councils shall exercise the following powers and perform the following for under- graduate functions:— studies. (i) to recommend to the Executive Council the affiliation of a college or an institution in one or more subjects; (ii) to ensure annual inspection of colleges; (iii) to exercise general supervision over the colleges to ensure that the conditions of affiliation are properly fulfilled, the standard of teaching is uniformly maintained and syllabi as prescribed are properly completed within the academic year; (iv) to fix the last date of admission of students to different courses of studies and the date of commencement of examinations in consultation with other Councils for undergraduate studies; (v) to appoint Head Examiners, Examiners, Paper setters, Scrutineers, Co-ordinators, Convenors, Tabulators and other persons under the general supervision of the Executive Council; 120 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter 111.—Authorities of the University—Section 25.) (vi) to recommend to the Executive Council the disaffiliation or withdrawal of affiliation of any college in respect of any subject or subjects, if, on receipt of a written report from a team of Inspectors appointed by the University, the Council is of opinion that proper standard of teaching is not maintained or conditinos of affiliation are not properly fulfilled or the results of the candidates sent up by the college for any examination are unsatisfactory or the college has failed to comply with the directives of the Council; (vii) to establish, maintain and manage halls and hostels of undergraduate colleges; (viii) to recommend to the Executive Council the temporary take over of the management of an affiliated or a recognised college or institution, other than a Government college, in consultation with the Executive Council in order to ensure that proper standards of teaching, training or instruction are maintained therein; (ix) to provide for the inspection or investigation into the affairs of undergraduate colleges or institutions, recognized by the Council or affiliated to the University and to exercise general supervision and control over them; (x) to make due provision for health, welfare, residence, and discipline of students and their relationship with colleges and the University and to provide for such training of students as may be considered desirable; (xi) to recommend to the Executive Council the dissolution of the Governing Body of an affiliated college or institution, other than a Government College, and pending reconstitution of the Governing Body, the appointment of an Administrator or an ad-hoc Governing Body; (xii) to collect fees for examination, condonation of short percentage for appearing at an examination as non- collegiate student, marksheet, late admission, change of examination centre, scrutiny of answer script, and change of name or surname, and any other charge for registration and magrati on of students and grant of diplomas, certificates or any other documents at such rate as may be prescribed by the Executive Council; (xiii) to exercise supervision to ensure that all properties and funds of the Council are properly controlled and administered; 121 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter 11I.—Authorities of the University.—Sections 26, 27.) (xiv) to supply promptly such information, returns, reports and other materials as may be required by the University; (xv) to extend facilities and other assistance including exhibits of records, books of accounts, ledgers and any other documents to officers deputed by the University for inspection; (xvi) to approve the annual report of the activities of the Council during the previous academic year and submit the same to the Executive Council on or before such date as may be fixed by the Executive Council; (xvii) to abide by, and implement promptly, the decisions that may be arrived at by the University from time to time in regard to the Council; (xviii) to follow the guidelines and the rules framed by the University from time to time; (xix) to have general responsibility for academic. affairs in relation to undergraduate studies with which the Council is concerned; (xx) to have general supervision over the Board of Studies attached to the Council in accordance with the rules framed for the purpose; (xxi) to maintain contact with the corresponding Council for post-graduate studies for the purpose of sharing ideas and ensuring co-ordination; (xxii) to frame rules relating to courses of undergraduate studies and the division of subjects in, regard thereto and to recommend to the Executive Council the making of Regulations in this behalf. Dean. 26. (1) There shall be a Dean for each Faculty Council for post- graduate studies who shall be a Professor of the University. (2) The Dean shall be elected by the members of the Faculty Council and shall act as Vice-Chairman of the Faculty Council. (3) The Dean or the seniormost Dean, as the case may be, shall act as Vice-Chairman of a Council for undergraduate studies. (4) The Dean shall hold office for such term as may be prescribed by Statutes. The Boards 27. There shall be Boards of Studies attached to every Faculty Council of Studies. for post-graduate studies or Council for undergraduate studies. The constitution of the Boards of Studies shall be prescribed by Statutes and the power and functions of the Boards shall be prescribed by Regulations. 122 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter 11.1:Authorities of the University.—Sections 28-30.) 28. There shall be a Finance Committee with the Vice-Chancellor The Finance Committee. as the Chairman. The constitution, powers and functions of the Finance Conmmittee shall be prescribed by Statutes and its procedure in financial matters, including the delegation of its powers, shall be prescribed by, Ordinances. 29. (1) A University Professor shall be appointed by the Executive Selection Committee Council on the recommendation of a Selection Committee consisting for teaching of— posts. (i) the Vice-Chancellor as Chairman; (ii) the Dean of the Faculty Council concerned; (iii) a person, not holding any office of profit under the University and having special knowledge of the subject which the Professor will teach, nominated by the Chancellor; (iv) two persons, not holding any office of profit under the University and having special knowledge of the subject which the Professor will teach, nominated by the Executive Council.. (2) A University Reader or a University Lecturer shall be appointed by the Executive Council on the recommendation of a Selection Committee consisting of— (i) the Vice-Chancellor as Chairman; (ii) the Dean of the Faculty Council concerned; (iii) the Head of the Department concerned, if any; (iv) a person, not holding any office of profit under the University and having, special knowledge of the subject which the Reader or the Lecturer will teach, nominated by the Chancellor; (v) two persons, not holding any office of profit under the University and having special knowledge of the subject which the Reader or the Lecturer will teach, nominated by the Executive Council. 30. (1) Three members, of whom at least two shall be persons having Procedure special knowledge of the subject concerned, shall be a quorum for a for holding meetings of 'meeting of a Selection Committee. Selection Committee. .'(2) If the Executive Council does not accept the recommendation of , a Selection Committee, it shall refer the recommendation back to the Selection Committee with reasons for reconsideration and if the Executive Council does not accept the reconsidered views of the Selection Committee, the matter shall be referred to the Chancellor with reaselns and the decision of the Chancellor shall be final. 123 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter I11.—Authorities of the University.—Sections 31-33.) Special 31. (1) Notwithstanding anything contained in section 29 or section provision for 30, until the constitution of a Selection Committee referred to therein, a selection of candidates University Professor or a University Reader or a University Lecturer shall for teaching be appointed by the Vidyasagar University Council, referred to in sub- posts. section (1) of section 58, on the recommendation of a Selection Committee, constituted by the said Council in such manner as it thinks fit, which shall include as its member at least one person, not holding any office of profit under the University and having special knowledge of the subject which the Professor or the Reader or the Lecturer, as the case may be, will teach, nominated by the Chancellor. (2) If the Vidyasagar University Council does not accept the recommendations of the Selection Committee, the provisions of sub- section (2) of section 30 shall apply mutatis mutandis. Letter of 32. (1) Every Teacher, every officer and every employee of the appointment University shall, on appointment as such, be provided with a letter of of Teachers. officers and appointment containing such terms and conditions of appointment as employees. may be prescribed by Ordinances. (2) A Teacher or an officer or an employee appointed against a permanent vacancy shall be on probation ordinarily for a period of one year from the date of such appointment and such period of probation may, at the discretion of the appropriate authority of the University, be extended for a further period not exceeding one year. (3) If, at any time during the period of probation, the probationer's work is not considered satisfactory, the probationer shall be discharged by the authority concerned. (4) On satisfactory completion of the period of probation, a Teacher or an officer or an employee, as the case may be, shall be confirmed with effect from the date of his appointment on probation by an order in writing made by the University in this behalf and the fact of such confirmation shall be communicated to the person concerned: Provided that if, on completion of the period of probation, no such order of confirmation is made and communicated to the person concerned within a period of two months of the completion of the period of probation, the person concerned shall be deemed to have been confirmed with effect from the date of his appointment on probation. Termination 33. The services of a temporary Teacher or officer or employee shall of service of temporary not be terminated before the expiration of the period for which he is Teacher, appointed except after serving one month's notice or paying him one officer or employee. month's salary in lieu thereof. 124 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter 111.—Authorities of the University—Sections 34, 35.— Chapter IV—General provisions governing all authorities or other bodies of the University—Section 36.) 34. The Executive Council may constitute standing committee or Standing standing committees for selection of persons for appointment to the posts Committee for selection of officers and to the other non-teaching posts and may, subject to the of officers or provisions of this Act, prescribe by Ordinances the procedure and the employees. method of such selection. 35. (1) If in the case of any dispute between the University and any Tribunal. Teacher, officer or employee of the University no final order has been passed by the University within a period of one year from the date on which the dispute was referred to the University by such Teacher, officer or employee, such dispute shall, on the request of such Teacher, officer or employee, be referred to a Tribunal consisting of the following members, namely:— (i) a Chairman to be nominated by the Chancellor in consultation with the Minister; (ii) one person to be nominated by the Executive Council; (iii) one person to be nominated by the Teacher, officer or employee concerned. (2) Any appeal from an employee of the University in a disciplinary matter shall be referred to the Tribunal and shall be decided and disposed of by the Tribunal. (3) The Tribunal may call for any record, report or other information from the University if, in its opinion, such record, report or other information is necessary for efficient discharge of its functions, and the University shall furnish such record, report or other information to the Tribunal. (4) The decision of the Tribunal shall be final and no suit or proceeding shall lie in any civil court in respect of the matters decided by the Tribunal. (5) Every request under sub-section (1) shall be deemed to be a submission to arbitration upon the terms of this section, within the io of 1940.(cid:9) meaning of the Arbitration Act, 1940, and all the provisions of that Act with the exception of section 2 thereof shall apply accordingly. CHAPTER IV General provisions governing all authorities or other bodies of the University. 36. (1) No person shall be qualified for election or nomination as a Disqualifiettons. member of any authority or body of the University or shall continue as such member if he— (i) is of unsound mind or a deaf-mute, or 125 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter IV—General provisions governing all authorities or other bodies of the University—Sections 37, 38.) (ii) is an undischarged insolvent, or (iii) has been convicted by a court of law for an offence involving moral turpitude. (2) In case of any doubt or dispute, the Chancellor's decision whether a person is disqualified under the provisions of sub-section (1), shall be final. (3) No person shall be entitled to stand as a candidate for election to any authority or body of the University from more than one constitutency. (4) No person shall be entitled to be enrolled as a voter for, or to cast his vote at, an election to any authority or body of the University from more than one constitutency: Provided that this sub-section 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, and the Councils for undergraduate studies. Terms of 37. (1) Save as otherwise provided in sub-section (4), an elected or office of nominated member of any authority or body of the University shall hold members. office for a period of four years from the date of his election or nomination, as the case may be: Provided that in respect of the first elections and nominations under this Act, the said period of four years shall commence from the date of the first meeting of the authority or body held after such elections and nominations. (2) The term of office of members other than ex officio members of any authority or body of the University shall be held to include any period which may elapse between the expiry of the said term and the date of election of new members to such authority or body to fill vacancies arising by efflux of time. (3) When elections are held on more than one date, the last of such dates shall be taken to be the date of election for the purposes of this section. (4) Any member elected or nominated to fill a casual vacancy shall hold office for the unexpired portion of the term of office of the member in whose seat he is so elected or nominated. Cessation of 38. (1) When a person is qualified to be a member of any authority membership or body of the University by virtue of his membership of any other in certain cases. authority or body, he shall cease to be a member of the authority or body of the University when he ceases to be a member of the other. (2) When a person is elected or nominated as a member of any authority or body of the University from any constituency, he shall cease to be such a member when he ceases to belong to that constituency. 126 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter 1V—General provisions governing all authorities or other bodies of the University—Sections 39-41.) Filling of 39. (1) Any casual vacancy among the elected members of any vacancies. authority or body of the University shall be filled, in such manner and within such time as may be prescribed, by election by such authority or body of a person representing the interest which the member, whose seat has become vacant, represented. (2) Any vacancy among the nominated members of any authority or body of the University shall be filled, within such time as may be prescribed, by nomination by the person or authority that nominated the member whose seat has become vacant. (3) Vacancies arising by efflux of time in the seats of elected members of any authority or body of the University shall be filled by election to be held on such date or dates, not later than six months or such extended period as the Chancellor may, by order made in this behalf, specify so however that the aggregate period shall not exceed one year, from the date on which the vacancies arise, as the Vice-Chancellor may fix. 40. No act or proceedings of the University or of any authority or Proceedings of te body of the University shall be deemed to be invalid merely by reason of University or the existence of a vacancy or vacancies among its members or the the authorities or invalidity of the election of any of the members.(cid:9) bodies of the Explanation.—For the avoidance of doubt it is hereby dectared that University not invali- when the office of any member of any authority or body of the University dated by cannot be filled up, when such authority or body is constituted for the vacancies. first time, on account of any election or appointment not being for any reason feasible, there shall be deemed to be a vacancy in the office of such member until such election takes place or such appointment is made. 41. (1) There shall be an Election Tribunal to which shall be referred Election Tribunal. any question as to whether any person is eligible under this Act for election or nomination or has been duly elected or nominated as, or is entitled to be, a member of any authority or body of the University, and the decision of the Election Tribunal on such queStion shall be final. (2) The constitution of the Election Tribunal shall be prescribed by Statutes. (3) If, during the progress of any election of members to any authority or body of the University, the Election Tribunal is satisfied that such election is vitiated by fraud or corrupt practice, the Election Tribunal may make an order annulling the proceedings in respect of such election or any part thereof and directing fresh proceedings to be started, in accordance with the provisions of this Act and the Statutes, the Ordinances and the Regulations, from such stage as may be specified in the order and such order of the Election Tribunal shall be final. 127 ' The Vidyasagar University Act, 1981. [West Ben. Act (Chapter IV—General provisions governing all authorities or other bodies of the University—Section 42.—Chapter V.—Funds of the University, Accounts, Audit and Inspection.—Sections 43-45.) (4) No suit or proceeding shall lie in any civil court against a decision or an order of the Election Tribunal under sub-section (1) or sub-section (3), as the case may be. Casting vote 42. At a meeting of the Court, the Executive Council, the Faculty by the Chairman. Councils for post-graduate studies, the Councils for undergraduate studies or any other authority or body of the University, the person presiding at the meeting shall not vote in the first instance, but shall have exercise a casting vote in the case of an equality of votes. CHAPTER V Funds of the University, Accounts, Audit and Inspection. The 43. The University shall have a fund to be known as the University University Fund. Fund to which shall be credited all its income from fees, fines, contributions, donations, loans and advances and from any other source whatsoever. The University may also create, by Ordinances made in this behalf, separate special funds for the administration of endowments, trusts or specific grant or grants for other special purposes. General 44. (1) The budget at the University showing the receipt and limitation of financial expenditure of the University on different accounts for a financial year powers of the shall be submitted to the State Government for approval at least four University. months before the beginning of such financial year in such form as may be specified by the State Government. (2) The State Government shall, within fifteen days of commencement of the financial year to which the budget relates, communicate its approval or otherwise of the budget to the University: Provided that the State Government shall, from time to time, release grants to the University to incur expenditure till the budget is approved. (3) Notwithstanding anything to the contrary contained in this Act, the University shall not, except with the prior approval of the State Government, incur any expenditure on any account in excess of the amount specified in the budget on that account. Provident 45. Any provident fund instituted by the University for the benefit Fund. of its employees shall be governed by the provisions of the Provident 19 of 1925 . Funds Act, 1925, as if such fund were a Government Provident Fund and the Executive Council shall have power to frame Ordinances, not incosistent with the provisions of that Act, for the administration of the fund. 128 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter V.—Funds of the University, Accounts, Audit and Inspection.—Sections 46, 47.) 46. (1) The Annual Statement of Accounts of the University shall, Annual Accounts after examination by the Executive Council, be subjected to such audit and Audit. as the State Government may direct. (2) Such Annual Statement of Accounts shall, together with copies of the audit report thereon, be submitted to the Court and to the State Government and shall thereupon be published by the Court. The Court shall consider the audited annual accounts at a meeting and may take such action thereon as it thinks fit. (3) The University shall have a continuous internal audit, and the report of such audit shall be submitted to the State Government as soon as possible after the end of every financial year. (4) The State Government may require the University to supply to it any information in regard to the accounts and the budget and the University shall comply with such requisition. 47. (1) (i) The State Government shall have the right— (cid:9) Inspection. (1) to cause an inspection to be made, by such person or persons as it may direct,— (a) of the University, its buildings, laboratories, libraries, museums, press establishment, workshops and equipment, (b) of any college or institution maintained by or affiliated to the University, and (c) into all affairs of the University and of such college or institution including examination and other work conducted or done by the University or such college or institution, and (2) to cause an enquiry to be made into the income, expenditure, properties, assets and liabilities of the University and of any college or institution maintained by or affiliated to the University. (ii) The State Government shall, in every such case of inspection or enquiry, give previous notice to the University, and, if the inspection or enquiry relates to such college or institution, both to the University and the college or the institution, as the case may be, of its intention to cause such inspection or enquiry. (2) The State Government shall communicate to the Court and the Executive Council or to such college or institution, as the case may be, its views on the results of such inspection or enquiry and may, after 129 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter VI.—Statutes, Ordinances, Regulations and Rules.—Section 48.) considering the opinion of the Court and the Executive Council or of such college or institution thereon, advise the University or such college or institution regarding the action which the State Government considers fit to be taken by the University or by such college or institution in the matters concerned and the University or such college or institution shall report to the State Government, within such time as the State Government may direct, the action which is proposed to be taken or has been taken by the University or by such college or institution to give effect to such advice of the State Government. (3) The State Government may, after considering the report referred to in sub-section (2), advise the University or such college or institution, as the case may be, to take such further action in the matters concerned as may, in the opinion of the State Government, be necessary, and the University or such college or institution shall take or cause to be taken such further action within such time as may be specified in that behalf by the State Government. CHAP I hR VI Statutes, Ordinances, Regulations and Rules. Statutes. 48. Subject to the provisions of this Act, Statutes may be made to provide for all or any of the following matters:— (a) the declaration of posts as posts of officers of the University referred to in clause (iv) of section 7;(cid:9) • • (b) the establishment of authorities of the University referred to in clause (7) of section 16; (c) the powers, duties, and terms and conditions of service of the officers of the University in so far as these have not been specifically provided for in this Act; (d) the constitution, powers and duties of the authorities of the University in so far as these have not been specifically provided for in this Act; (e) the rules and procedure for holding elections to the Court, the Executive Council and other authorities and bodies of the University; (f) the terms and conditions of affiliation or recognition of colleges or institutions, including terms and conditions for continuance of such affiliation or recognition and rules for disaffiliation or withdrawal of recognition of such colleges or institutions; 130 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter VI.—Statutes, Ordinances, Regulations and Rules.—Section 49.) (g) the terms and conditions of recognition of colleges as constituent colleges or professional colleges; (h) the constitution, powers and functions of the Governing Bodies of colleges, other than Government Colleges; (i) the terms and conditions of service and the minimum emoluments for posts of Principals, Teachers and such other employees as the University may deem fit, of all affiliated colleges, other than Government Colleges; (j) the rules for Provident Funds for Teachers of colleges, other than Government Colleges; (k) the holding of convocations to confer degrees, titles, diplomas, certificates and other academic distinctions, including honorary degrees and distinctions; (1) the conditions for the registration of graduates of the University and for the maintenance of a Register for registered graduates; (m) the minimum qualifications for the posts of Teachers and Teachers of the University; (n) all other matters which under this Act are required to be or may be prescribed by Statutes. 49. (1) The Executive Council may of its own motion, and shall, How to make when required by the Court, make a draft of any Statute and submit the Statutes. same to the Court. The draft so submitted shall be considered by the Court at a meeting or meetings to be held within a period of six weeks from the date of such submission (hereinafter referred to as the said period), and the draft so submitted shall, unless rejected or amended by the Court before the expiry of the said period by a majority of the total number of its members existing at the time, be deemed to have been passed by the Court. If the Court so rejects or amends the draft of any Statute, it shall be sent back to the Executive Council with the views of the Court for reconsideration. Thereupon, the Executive Council shall reconsider the draft and resubmit it to the Court with such changes as it may deem necessary. On such resubmission of the draft, it shall again be considered by the Court at a meeting or meetings to be held within a period of six weeks from the date of such submission (hereinafter referred to as the latter period) and the draft so resubmitted shall, unless rejected by the Court before the expiry of the latter period by a majority of the total number of its members existing at the time, be deemed to have been passed by the Court without any amendment, or be passed by the Court with such amendments as it may deem fit to make therein within the latter period and by the same majority as aforesaid. 131 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter VI.—Statutes, Ordinances, Regulations and Rules.—Section 50.) (2) A Statute, passed in the manner provided in sub-section (1), shall be presented to the Chancellor for assent and shall come into force on being assented to by the Chancellor in consultation with the Minister. (3) A Statute shall remain in force until repealed or amended by a new Statute similarly passed and assented to by the Chancellor. 50. Subject to the provisions of this Act and the Statutes, Ordinances Ordinances. may be made to provide for all or any of the following matters:— (a) the admission of students to the University and the colleges affiliated to or recognised by it and their enrolment as such; (b) the levy of fees in University Laboratories; (c) the conditions of residence and rules of discipline of the students of the University, including students of colleges affiliated to or recognized by it, and the levy of fees for residence in halls; (d) the appointment of Teachers, officers and employees of the University, their emoluments, their duties and other terms and conditions of their service, in so far as these have not been specifically provided for in this Act or in the Statutes; (e) rules for the institution of Prdvident Fund or other funds for the benefit of the employees of the University; (f) rules for the establishment, maintenance and management of University Libraries, University Museums, halls and other University Institutions for study, research and residence; (g) rules for the recognition of libraries, laboratories, museums, hostels, and institutions for study, research •and residence, other than those established, maintained and managed by the University; (h) rules for the taking over of the management of an affiliated or a recognized college or institution, other than a Government College or institution, in order to ensure that proper standards of teaching, training and instruction are maintained therein; (i) rules for the exercise of general supervision and control over affiliated or recognised colleges or institutions and for the giving of financial aid to them; (j) rules for the inspection or investigation into the affairs of colleges or other institutions, affiliated to or recognised by the University, to ensure that proper standards of teaching, training and research are maintained (herein; 132 The Vidyasagar University Act, 1981. • XVIII of 1981.] (Chapter VI.—Statutes, Ordinances, Regulations and Rules.—Section 51.) (k) rules for the imposition and collection of fees, fines and other dues payable to the University; (1) the duties and functions of the Teachers of the University including the Head of Departments; (m) rules for the registration of students; (n) the appointment, duties and remuneration of examiners; (o) rules for the administration of gifts, endowments and benefactions, and for the institution and award of fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes; (p) rules and procedure for accepting grants and for raising or accepting loans other than loans from the Central or any State Government or the University Grants Commission; (q) all other matters which under this Act or the Statutes are required to be or may be prescribed by Ordinances. 51. (1) The Executive Council shall take into consideration drafts How to make Ordinances. of Ordinances proposed to be passed, after notice thereof has been given to the member of the Executive Council at least three weeks in advance of the date fixed for consideration of the same by the Executive Council. The Vice-Chancellor may direct a shorter notice in a matter which in his opinion is of an emergent nature. (2) An Ordinance shall be deemed to be passed by the Executive Council if it is agreed to by a majority of the total number of members of the Executive Council existing at the time. (3) An Ordinance passed by the Executive Council in the manner provided hereinbefore in this section shall be submitted to the Chancellor for assent and shall come into force on being assented to by the Chancellor and shall be reported to the Court at its next meeting. (4) The Chancellor may direct that the operation of any Ordinance shall be suspended until such time as the Court has had an opportunity of considering the same. (5) An Ordinance shall, unless cancelled or modified by the Chancellor, remain in force until repealed or amended by a new Ordinance similarly passed and brought into force. 133 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter VI.—Statutes, Ordinances, Regulations and Rules.—Sections 52-54.) Regulations.(cid:9) 52. Subject to the provisions of this Act and the Statutes, and the Ordinances, Regulations may be made to provide for all or any of the following matters:— (a) the powers and functions of the Boards of Studies; (b) the functions and duties of Teachers' Councils in Universities and in colleges and institutions other than Government Colleges and institutions; (c) the conditions for admission to the different courses of study and examinations of students; (d) the rules for the conduct of University examinations; (e) the courses of study and the division of subjects upon the recommendation of the Faculty Council for post-graduate studies or the Council for undergraduate studies concerned; (f) all other matters which under this Act or the Statutes or the Ordinances are required to be or may be prescribed by Regulations. How to 53. (1) The Executive Council or a Committee appointed by it shall make take into consideration drafts of Regulations, consistent with this Act Regulations. and the Statutes and the Ordinances after notice of the proposed Regulations has been given to the members of the Executive Council at least three weeks in advance of the date fixed for consideration of the same by the Executive Council or the Committee appointed by it. The Vice-Chancellor may direct a shorter notice in a matter which in his opinion is of an emergent nature. (2) A Regulation shall be deemed to be passed by the Executive Council if it is agreed to at a meeting of the Executive Council by a majority of the total number of members of the Executive Council existing at the time. A Regulation shall come into force immediately on being passed unless otherwise directed by the Chancellor. (3) The Court shall have the power, by a resolution passed by a majority of its total number of members existing at the time, to cancel or modify any Regulation. (4) A Regulation shall, unless cancelled or modified by the court under sub-section (3), remain in force until repealed or amended by new Regulation similarly passed and brought into force. Rules. 54. Subject to the provisions of this Act and the Statutes, the Ordinances and the Regulations, Rules may be made for the purpose of duly carrying out the provisions of, or exercising the powers conferred by, this Act or to provide for matters which, by the Statutes, the Ordinances or the Regulations, are required to be prescribed by Rules. 134 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter V11. Miscellaneousand Transitory Provisions.— Section 55.) CHAPTER VII Miscellaneous and Transitory Provisions. Delegation. 55. (1) The Vice-Chancellor or, with the approval of the Vice- Chancellor, the Registrar, may, subject to the provisions of this Act, delegate such of his powers or duties conferred or imposed by or under this Act as may be prescribed by the Statutes to an officer of the University under his direct administrative control. (2) Subject to the provisions of this Act,— (a) the Court may delegate any of its powers or duties, conferred or imposed by or under this Act, to— (i) the Vice-Chancellor, (ii) the Executive Council, (iii) a Committee constituted from among its own members, or (iv) a committee appointed in accordance with the Statutes; (b) the 'Executive Council may delegate any of its powers or duties, conferred or imposed by or under this Act, to— (i) the Vice-Chancellor, (ii) a committee constituted from among its own members, (iii) a committee constituted in accordance with the Statutes or the Orinances, (iv) any of the Faculty Councils for post-graduate studies or Councils for undergraduate studies, or (v) the Finance Committee; (c) the Faculty Council for post-graduate studies or the Council for undergraduate studies may delegate any of its powers or duties, conferred or imposed by or under this Act, to— (i) the Vice-Chancellor, (ii) a committee constituted from among its own members, (iii) a committee constituted in accordance with the Regulations, or (iv) any of the Boards of Studies; (d) the Finance Committee may delegate any of its powers or duties, conferred or imposed by or under this Act, to— (i) the Vice-Chancellor, or (ii) to a committee constituted from among its own members. 135 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter VII. Miscellaneous and Transitory Provisions.— Sections 56, 57.) Completion 56. Notwithstanding anything contained in this Act, the Statutes, of courses of the Ordinances and the Regulations, any student of a college affiliated studies in colleges formerly to any other university, who was studying for any examination formerly of such other university, shall, upon admission of such college to the affiliated to any other privileges of the University, be permitted to complete his course in inn versity. preparation therefor and the University shall hold, for such students, examinations in accordance with the curricula of study in force in such other university for such period as may be prescribed. Transitory 57. (1) The Chancellor shall, within three months from the date of provisions. publication of this Act in the Official Gazette, appoint, in consultation with the Minister, on such terms and conditions as he thinks fit, a person to be the Vice-Chancellor and he shall be the first Vice-Chancellor of the University and shall hold office for a period of three years. The first . Vice-Chancellor shall exercise all the powers and perform all the duties of the Vice-Chancellor under this Act. . (2) The first Vice-Chancellor shall, with the approval of the Chancellor and with the assistance of a Committee consisting of not less than nine members, nominated by the State Government, cause the first Statutes, the first Ordinances and the first Regulations of the University to be framed. (3) The first Vice-Chancellor shall, within one year from the date of his appointment or within such longer period, not exceeding two years from the date of his appointment, as the State Government may, by notification in the Official Gazette, direct, cause arrangements to be made for constituting the Court, the Executive Council, the Faculty Councils for post-graduate studies, the Councils for undergraduate studies and the Boards of Studies in accordance with the provisions of the first Statutes, the first Ordinances and the first Regulations as framed under sub-section (2), as if they had already come into force.

(4) If, for any reason— (a) the constitution of the Court, the Executive Council and other bodies referred to in sub-section (3) cannot be completed within the period of office of the first Vice- Chancellor appointed under sub-section (1), then, on the expiry of such period, the Chancellor may, in consultation with the Minister, on such terms and conditions as he thinks fit, appoint the first Vice-Chancellor whose period of office has expired or another person to be the Vice-Chancellor for the purposes of this section for such period not exceeding two years as the Chancellor thinks fit, or 136 The Vidyasagar University Act, 1981. XVIII of 1981.] (Chapter VII.—Miscellaneous and Transitory Provisions.— Section 57.) (b) a vacancy occurs in the office of the first Vice-Chancellor before the expiry of the period of his office, then, the Chancellor may, in consultation with the Minister, on such terms and conditions as he thinks fit, appoint another person to be the Vice-Chancellor for the purposes of this section for the unexpired portion of such period or such further period not exceeding two years as the Chancellor thinks fit, and references in this Act to the first Vice-Chancellor shall be deemed to include references to the Vice-Chancellor appointed under this sub- section. (5) The State Government shall, by notification in the Official Gazette, appoint a date and on and from such date the Court, the Executive Council, the Faculty Councils for post-graduate studies, the Councils for undergraduate studies and the Boards of Studies shall commence to exercise their respective functions, and the first Statutes, the first Ordinances and the first Regulations as framed under sub-section (2) shall come into force and be the first Statutes, the first Ordinances and the first Regulations of the University. (6) The first Statutes, the first Ordinances and the first Regulations of the University shall remain in force until new Statutes, new Ordinances and new Regulations are made under the provisions of this Act. (7) The first Vice-Chancellor may, subject to the approval of the State Government, appoint such administrative, clerical and other staff (including technical staff) as he deems necessary for giving effect to the provisions of this section. (8) On and from the appointed day— (a) section 58 shall stand repealed and thereupon the Vidyasagar University Council, referred to in sub-section (1) of the said section, and all bodies and committees constituted by the said Council, if any, shall stand dissolved; (b) all colleges or institutions of whatever kind established, maintained or managed by any other university and affiliated to the University prior to the appointed day shall be deemed to be colleges or institutions established, maintained or managed by the University under this Act; (c) all studies and examinations in relation to any college or institution referred to in clause (b), commenced and in progress before the appointed day, shall be deemed to be in progress as if they had been commenced by the University under this Act; 137 The Vidyasagar University Act, 1981. [West Ben. Act (Chapter VIL—Miscellaneous and Transitory Provisions.— Section 58.) (d) all things done or deemed to have been done, and all actions taken or deemed to have been taken and all appointments made in relation to any college or institution referred to in clause (b) under any law in force for the time being shall be deemed to be things done or actions taken or appointments made by the University under this Act as if this Act had been in force when such things were done or such actions were taken or such appointments were made: Provided that until the appointed day reference to the Vice-Chancellor under any such law shall be deemed to be references to the first Vice-Chancellor under this Act. (9) In construing the provisions of section 17, section 20, section 22 and section 24 and in construing the provisions of the Statutes, the Ordinances and the Regulations of the University in relation to the constitution. under this section, of the Court, the Executive Council, the Faculty Councils for post-graduate studies, the Councils for under- graduate studies and the Boards of Studies, references to the heads of departments of teaching of the University, the University Professors, University Readers, University Lecturers, and Teachers of the University shall be deemed to be references to the persons holding offices respectively as the heads of departments of teaching, Professors, Readers, Lecturers, and Teachers of the University, if any, immediately before the date of appointment of the first Vice-Chancellor. (10) The provisions of this section shall have effect notwithstand- ing anything to the contrary contained elsewhere in this Act or in any other law. The(cid:9) 58. (1) With effect from such date as the State Government may, by Vidyasagar (cid:9) notification in the Official Gazette, appoint, and until the appointed day, uni council. - all the powers and functions of the University, the Court, the Executive Council, the Faculty Councils for post-graduate studies, the Councils for undergraduate studies, the Boards of Studies, the Finance Committee and all other authorities to be constituted under this Act or the Statutes or the Ordinances shall, respectively, be exercised and performed by a Council to be known as the Vidyasagar University Council. (2) The following shall be members of the Council:— (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the Secretary, Education Department, Government of West Bengal; (iv) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Deputy Secretary to the Government of West Bengal; 138 The Vidyasagar University Act, 1981. XVIII of 1981.1 (Chapter VII—Miscellaneous and Transitory Provisions.— Section 58.) (v) the President, West Bengal Council of Higher Secondary Education; (vi) the Director, Indian Institute of Technology, Kharagpur; (vii) not less than fifteen and not more than twenty persons nominated by the Chancellor in consultation with the Minister from amongst the persons interested in University education, Principals and Teachers of affiliated colleges and Teachers of the University. (3) The Registrar of the University shall act as the Secretary of the Council. (4) The first Registrar, the first Finance Officer and such other officers of the University (including technical personnel) as may be required to be appointed from time to time shall be appointed by the Council on the recommendation of a Committee consisting of the Vice-Chancellor as Chairman, a nominee of the Council, a nominee of the Chancellor and a nominee of the State Government, and, subject to the supervision, direction and general control of the Vice-Chancellor, they shall exercise all the powers and perform all the duties conferred and imposed on them . by or under this Act, or delegated to them by the Vice-Chancellor. (5) The Council may, subject to the approval of the State Government, appoint such administrative, clerical and other staff (including technical staff) as it deems necessary for giving effect to the provisions of this section. (6) The Council may, with the approval of the Chancellor, delegate any of its powers and functions to such body or bodies as may be constituted by it to carry on the functions of the Court, the Executive Council, the Faculty Councils for post-graduate studies, the Councils for undergraduate studies, the Boards of Studies, the Finance Committee and all other authorities to be constituted under the Act or the Statutes or the Ordinances: Provided that such delegation shall not prevent the exercise of any such powers or discharge of any such functions by the Council. (7) (a) (i) The Chancellor or, in his absence, the Vice-Chancellor shall preside at the meetings of the Council; (ii) Twenty-five per cent. of the members of the Council shall be a quorum for a meeting of the Council; (b) Twenty-five per cent. of the members of any body constituted by the Council shall be a quorum for a meeting of such body. 139 The Vidyasagar University Act, 1981. [West Ben. Act XVIII of 1981.] (Chapter VIL—Miscellaneous and Transitory Provisions.— Section 59.) (8) No act or proceeding of the Council or of any body constituted by it shall be invalid or called in question by reason of the existence of any vacancy, initial or subsequent, in the Council or in any body constituted by the Council, as the case may be. (9) The other provisions of this Act shall, if in conflict with the provisions of this section, stand modified to the extent provided in this section: Provided that nothing in this sub-section shall affect the powers of the Chancellor or the Vice-Chancellor under this Act. (10). Of a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation or expiry of the term of his office or otherwise, the same shall be filled up by the Chancellor in consultation with the Minister. ( I 1 ) Any vacancy in the Council occurring by reason of death, resignation or otherwise shall be filled up by the Chancellor in consultation with the Minister and the Vice-Chancellor, in so far as such filling up is not inconsistent with the provisions of the section. (12) If, by reason of the other provisions of this Act, any difficulty arises in giving, effect to the provisions of this section, the Council shall refer such difficulty to the State Government which may make such order or do such thing, not inconsistent with the provisions of this section, as appears to it to be necessary or expedient for removing the difficulty. 59. If on account of any lacuna or omission in the provisions of this Removal of Act, or for any other reason whatsoever, any difficulty arises as to the difficulties. first constitution of any authority of the University under the Act, or otherwise in giving effect to the provisions of this Act, the State Government, as occasion may require, may by order do anything which appears to it to be necessary for the purpose of removing the difficulty notwithstanding anything to the contrary contained elsewhere in this Act or in any other law. 140