The Jadavpur University Act, 1981

GOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT West Bengal Act XXIV of 1981 THE JADAVPUR UNIVERSITY ACT, 1981. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 8th September, 1981.] [8th September, 1981.] An Act to provide for the reconstitution of the Jadavpur University and for' certain matters incidental thereto and connected therewith. WHEREAS it is expedient to reconstitute the Jadavpur University to enable it to function more efficiently as a University 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, to meet the growing needs of society and to make the constitution of various authorities or bodies of the University more democratic consistent with the objectives of the National Council of Education, Bengal and the Dawn 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 Jadavpur University Act, 1981.(cid:9) a S n h d o rt title This section and section 54 shall come into force at once; and the commence- (2) remaining provisions of this Act shall come into force on such date or dates ment as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act. Definitions. 2. In this Act, unless there is anyting repugnant in the subject or context,— ( I ) "affiliated" in relation to an Institution means affiliated to the University of Jadavpur as constituted prior to the appointed day and continuing as such immediately before such day or affiliated to the University under this Act; (2) "appointed day" means the date referred to in sub-section (5) of section 54; 203 The Jadavpur University Act, 1981. [West Ben. Act (Chapter J,—Preliminary.—Section 2.) (3) "convocation" means a meeting of the Court for the purpose of conferring degrees, titles, diplomas, certificates or other academic distinctions; (4) "employee" in relation to the University means any person employed by the University; (5) "financial year" means the year ending on the 31st day of March; (6) "founder-donors" means the following persons who endowed properties during their life-time on the National Council of Education, Bengal, namely:— (a) Shri Brajendra Kishore Roy Chowdhury of Gouripur, (b) Maharaja Suryya Kanta Acharyya Chowdhury Bahadur of Mymensingh, (c) Raja Subodh Chandra Mallik; (7) "Governor" means the Governor of the State of West Bengal; (8) "Hall" or "Hostel" means a unit of residence for students, Teachers, officers or non-teaching staff recognized by the University; (9) "Institution" means a college, polytechnic, school or any other place, by whatever name called, for training, instruction, research or study; (10) "Librarian" means a Librarian or any other person holding a post of Librarian, by whatever name called, appointed or recognized as such by the University; (11) "Minister" means the Minister-in-charge of Higher Education appointed as such by the Governor; (12) -non-teaching staff' means the non-teaching staff, not holding any teaching post (including part-time teaching post), appointed or recognized as such by the University, but does not include an officer or a Librarian; ( 13) "National Council" means the National Council of Education, Bengal, formed and registered on the 1.st day of June, 1906, under the Societies Registration Act, 1860; 81 of 1860. (14) -prescribed" means prescribed' by Statutes, Ordinances, Regulations or Rules made under this Act; (15) "Principal" means the liead of an Institution, by whatever name called; 204 The Jadavpur University Act, 1981. XXIV of 1981.] (Chapter IL—The University and its officers.—Section 3.) (16) "registered graduate" means a graduate registered under this Act, at least three months prior to the date of election of members to the Court, on application in the prescribed form and on payment of a fee of one rupee: Provided that no person shall be eligible to be registered under this Act unless he has graduated himself from the University at least three years prior to the date of election of members to the Court; (17) "Statutes", "Ordinances", "Regulations" and "Rules" mean, respectively, the Statutes, Ordinances, Regulations and Rules of the University made under this Act; (18) "Students' Union" means,— (a) in relation to the University, the Students' Union constituted in the manner prescribed; and (b) in relation to an affiliated college, the Students' Union constituted in the manner prescribed; (19) "Teacher" means a Professor, Reader, Principal, Lecturer, Demonstrator, Tutor 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 or in an Institution; (20) "University" means the Jadavpur University as constituted under this Act;(cid:9) , (21) "University Laboratory", "University Library", "University Museum" or "University Institution" means a laboratory, a library, a museum or an institution, as the case may he, and managed by the University, whether established by it or not. CHAPTER II The University and its officers. 3. ( I) The first Chancellor and the first Vice-Chancellor of the The University. 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 Jadavpur University. (2) The University shall have perpetual succession and a common seal and shall sue and be sued by the name of the Jadavpur University. 205 The Jadavpur University Act, 1981. [West Ben. Act (Chapter 11.—The University and its officers.—Section 4.) Powers of 4. The University shall have the following powers, namely:— the University. ( I ) to encourage and provide for instruction, teaching, training and research in all branches of engineering, technology, humanities and science and to promote the advancement and dissemination of knowledge and learning and the extension of higher education; (2) to establish, maintain, manage or affiliate Institutions or centres and to take over the maintenance and management of any existing Institution together with its assets with the consent of the authorities thereof on such terms and conditions as may be agreed upon; (3) to provide for the inspection, or investigation into the affairs, of Institutions recognised by it or affiliated to it and to exercise general supervision and control over them; (4) to disaffiliate an Institution in any subject or subjects, or to withdraw affiliation or recognition of Institutions, if necessary; (5) to institute and make appointment to Professorship, Readership, Lectureship and other teaching posts required by the University; (6) to create posts, as and when required, of officers and employees of the University besides those provided for in this Act and to appoint persons to such posts; (7) to prescribe, subject to the provisions of this Act, the constitution, powers and duties of the Boards of Studies, Finance Committee, and other bodies; (8) to prescribe the powers and duties of officers of the University; (9) to prescribe, subject to the provisions of this Act, the terms and conditions of service, including the rules of conduct and discipline, and the emoluments for all posts of Teachers and other employees of the University; ( 10) to make provisions for provident fund and other funds for the employees of the University; ( I I) to institute degrees, titles, diplomas, certificates, and other academic distinctions; (12) to hold examinations and to confer degrees, titles, diplomas, certificates and other academic distinctions on persons who— (a) shall have pursued an approved course of study in the University or in an affiliated or recognized Institution unless exempted therefrom in the manner prescribed, and shall have passed the prescribed examinations of the University, or 206 The Jadavpur University Act, 1981. XXIV of 1981.] (Chapter 11.—The University and its officers.—Section 4.) (b) shall have carried on research under conditions prescribed; (13) to withdraw or 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; (14) to confer honorary degrees or other academic distinctions under conditions prescribed; (15) to prescribe, demand and receive fees or other charges for examinations and other purposes; (16) to establish, maintain, manage or recognize Halls, Hostels and other places of residence for the students, Teachers, officers or non-teaching staff of University, to withdraw such recognition, and to take over the management and maintenance of the existing Halls, Hostels or places of residence for students, Teachers, officers or non-teaching staff of the University with the consent of the authorities thereof; (17) to provide for the promotion of the health and welfare of students and of discipline among them; (18) to make grants to the National Cadet Corps and the National Social Service from the University Fund; (19) to enter into an agreement with the State Government or with the approval of the State Government with any other Government or with any person, body or authority for the taking over by the University of the management of any institution, including its assets and liabilities, or for any other purpose not repugnant to the provisions of this Act; (20) to acquire, hold and dispose of property movable and immovable, and to make grants and advances for furthering any of its objects; (21) to accept and administer gifts, endowments and benefac- tions, for the furtherance of any of its objects for the University or on behalf of any Institution established by, affiliated to, or recognised by, the University; (22) to institute awards, fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes; 207 The Jadavpur University Act, 1981. [West Ben. Act (Chapter 11.—The University and its officers.—Sections 5-8.) (23) to accept grants from the Central or any State Government or the University Grants Commission, and, with the approval of the State Government, also from other sources, to raise loans, or to accept loans from the Central or the State Government or the University Grants Commission and from other sources: Provided that raising of loans and acceptance of loans from other sources shall require approval of the State Government; (24) to co-operate with other universities, institutions and educational authorities in matters that relate to and further the educational objectives of the University; (25) 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. Jurisdiction 5. Save as hereinafter otherwise provided, the local limits of of the jurisdiction of the University (hereinafter referred to as the territorial limits University. of the University) shall extend to an area within a radius of three and a half kilometres from the place where the University has its offices. Delegation 6. The University may delegate such of its powers as it may deem of powers. expedient to any of the authorities referred to in section 15 or to any of its officers, and may, at any time, withdraw any power so delegated. Officers of 7. The following shall be the officers of the University:— the ( 1) the Vice-Chancellor; University. (2) the Registrar; (3) the Finance Officer; (4) persons holding such other posts as may be declared by Statutes to be posts of 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 over the meetings of the Court. (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 nomina- tions to any authority or body of the University, the Chancellor shall, to the extent necessary, nominate persons to represent interests not otherwise adequately represented. 208 The Jadavpur University Act, 1981. XXIV of 1981.] (Chapter IL—The University and its officers.—Section 9.) (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 on The Vice- Chancellor. 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 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 or 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 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 in consultation with the Minister may appoint a person to exercise the powers and perform the duties of the Vice-Chancellor. (6) The vacancy in the office of the Vice-Chancellor occurring by reason of death, resignation or expiry of the term of his office 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. 209 The Jadavpur University Act, 1981. [West Ben. Act (Chapter 11.—The University and its officers.—Sections 10, 11.) Powers and 10. (1) The Vice-Chancellor shall be the principal executive and duties of the academic officer of the University and shall, in the absence of the Vice- Chancellor. Chancellor, preside over 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 and undergraduate studies and also the Chairman 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 and 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, the Regulations and the Rules 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, the matter shall imme- diately be referred to the Chancellor whose decision thereon shall be final. (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. the 11. (1) The Registrar shall be a whole-time officer of the University Registrar. and shall be appointed by the Executive Council on the recommendation of a Committee consisting of the Vice-Chancellor as Chairman and two nominees of the Executive Council, a nominee of the Chancellor and a nominee of the State Government. (2) The Registrar may resign his office by writing under his hand addressed to the Vice-Chancellor. 210 The Jadavpur University Act, 1981. XXIV of 1981.] (Chapter 1L—The University and its officers.—Sections 12-14.) (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 of the Vice-Chancellor, the Registrar shall act as the Secreatry of the Court as Registrar. also of the Executive Council and shall exercise such powers and perform such duties as may be prescribed, or delegated to him by or under 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 Officer. University and shall be appointed by the Executive Council on the recommendation of a Committee consisting of the Vice-Chancellor as Chairman and two nominees of the Executive Council, a nominee of the Chancellor and a nominee of the State Government. (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 and perform the duties of his office, the Vice- Chancellor may, with the approval 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. (4) Subject to the supervision, direction and general control of the Vice-Chancellor and the Executive Council, the Finance Officer shall be i n charge of the administration of the funds, the finances and the properties and assets of the University and of all trusts and endowments; and he shall take special interest in activities that aim at raising funds for purposes of the University and augmenting the resources of the University. (5) The Finance Officer shall exercise such other powers and perform such other duties as may be prescribed, or delegated to him by or under this Act and the Statutes, the Ordinances, or the Regulations, as the case may he. 14. In their respective spheres of duties, the Registrar and the Finance Supervisory powers of Officer shall, subject to the provisions of this Act, have the power of the Registrar supervision and control over all officers and employees serving in and the Finance departments under their charge and shall exercise such disciplinary power Officer. as may be conferred on them by or under this Act or by Statutes, or Ordinances. 211 The Jadavpur University Act, 1981. [West Ben. Act (Chapter 111.—Authorities of the University.—Sections 15, 16.) CHAPTER III Authorities of the University. Authorities. 15. The following shall be the authorities of the University:— (1) the Court; (2) the Executive Council; (3) the Faculty Councils for post-graduate and undergraduate studies; (4) the Boards of Studies; (5) the Finance Committee; (6) such other authorities as may be established under the Statutes. The Court. 16. (1) The court shall consist of the following members:— (i) the Chancellor, ex-officio; (ii) the Vice-Chancellor, ex-officio; (iii) the Director of Public Instruction, West Bengal, ex-officio; (iv) the Secretary, Finance Department, Government of West Bengal, ex-officio or his nominee not below the rank of Deputy Secretary to the Government of West Bengal; (v) one representative of the Government of India in the Ministry of Education dealing with Technical Education; (vi) the Deans of the Faculty Councils for post-graduate and undergraduate studies, ex-officio; (vii) the Principals or the Heads of all Institutions established, managed or maintained by or affiliated to the University, ex- officio; (viii) the President, West Bengal Council of Higher Secondary Education, ex-officio: (ix) the President, West Bengal Board of Secondary Education, ex-officio; (x) the Chairman. West Bengal State Centre, Institution of Engineers (India), ex-officio; (xi) the President, National Council of Education, ex-officio; (xii) one nominee of the All India Council for Technical Education; ( xiii) five Teachers, of whom not more than one shall be a Professor, elected by the Teachers of the Departments under the Faculty Council for post-graduate and undergraduate studies in Engineering and Technology from amongst themselves; 212 The Jadavpur University Act, 1981. XXIV of 1981.] (Chapter III.—Authorities of the University.—Section 16.) (xi v ) five Teachers, of whom not more than one shall be a Professor, elected by the Teachers of the Departments under the Faculty Council for post-graduate and undergraduate studies in Arts from amongst themselves; (xv) five Teachers, of whom not more than one shall be a Professor, elected by the Teachers of the Departments under the Faculty Council for post-graduate and undergraduate studies in Science from amongst themselves; (xvi) two Teachers, other than Principals, elected by the Teachers of affiliated institutions from amongst themselves; (xvii) not less than five and not more than ten persons elected by registered graduates from amongst themselves, the number of such persons to be elected being calculated as far as practicable on the basis of one person for every two hundred registered graduates; (xviii) one member of the West Bengal Legislative Assembly elected by the members of the West Bengal Legislative Assembly from amongst themselves; (xix) three persons, not being employees of the University or an Institution established, managed or maintained by or affiliated to the University, of whom— (a) one shall be nominated by the legal representatives of Shri Brajendra Kishore Roy Chowdhury of Gouripur, founder-donor, (b) one shall be nominated by the legal representatives of Maharaja Suryya Kanta Acharyya Chowdhury, founder donor, (c) one shall be nominated by the legal representatives of Raja Subodh Mullick, founder-donor: Provided that if the legal representatives of any of the founder-donors fail to agree on the person to be nominated by them, they shall submit the names of persons proposed by them to the State Government and it shall be competent for the members of the court to nominate one from amongst such persons; (xx) (a) six regular students of the University, of whom not more than two shall be from the Department or Departments under each of the Faculty Councils for post-graduate and undergraduate studies, elected by such students of the University from amongst themselves; 213 The Jadavpur University Act, 1981. [West Ben. Act (Chapter III—Authorities of the University.—Section 16.) (b) one regular student prosecuting his studies in under- graduate or post-graduate degree classes of affiliated colleges, elected by such undergraduate and post- graduate students from amongst themselves; Explanation I.—"Regular student" shall mean a student who has been prosecuting his studies in a post- graduate or undergraduate department of the University under any of the Faculty Councils for post-graduate and undergraduate studies or in undergraduate and post- graduate degree classes of affiliated colleges and who is not in default of payment of prescribed tution fees and other dues of the University or affiliated colleges till such date as may be notified by the University or affiliated colleges 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 two years from the date of his election or till he ceases to be a regular student, whichever is earlier; ( xxi) one Research Scholar or Research Fellow of the University elected by such Research Scholars and Research Fellows. Explanation 1.—"Research Scholar" or "Research Fellow" means a whole-time Research Scholar or Research Fellow of the University who received a stipend from the University. Explanation IL—Notwithstanding anything contained elsewhere in this Act, a Research Scholar or a Research Fellow elected under this clause shall cease to hold office on the expiration of the term of Research Scholarship or Research Fellowship, as the case may be; (xxii) four persons, not being employees of the University or of an Institution established, managed or maintained by or affiliated to the University, elected by the National Council of Education, Bengal; (xxiii) one member elected by the officers of the University elected from amongst themselves; (xxiv) three members elected by the members of the non-teaching staff of the University from amongst themselves; (xxv) three persons to be nominated by the State Government of whom— (a) one shall be a member of a registered trade union within the territorial jurisdiction of the University, 214 The Jadavpur University Act, 1981. XXIV of 1981.] (Chapter 111.—Authorities of the University.—Section 17.) (b) one shall be a member of a primary school teachers' association within the territorial jurisdiction of the University, and (c) one shall be a member of a secondary school teachers' association within the territorial jurisdiction of the University; (xxvi) two persons nominated by the Chancellor. (2) All election to the Court shall be held in the manner prescribed by Statutes. 17. ( I ) Subject to such conditions as may be provided by or under the Powers and functions of provisions of this Act, the Court shall exercise the following powers and the Court. 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 posts of officers as may be necessary for the establishment of the University Departments, Institutions, centres, libraries, laboratories and museums referred to in clause (i); ) 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 Univer.6ty Fund; (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 as 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 he 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; 215 The Jadavpur University Act, 1981. [West Ben. Act (Chapter 111—Authorities of the University.—Section 17.) (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 of 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 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 Institution, 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; (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; (xiv) to make rules for the transaction of its own business; (xv) to exercise all other powers and perform all other functions conferred and imposed on the Court by or under this Act. (2) The Court shall not exercise the powers and perform the functions 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 power 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 the powers conferred on it by or under this Act, the matter shall be decided by reference to the Chancellor whose decision shall be final. 216 The Jadavpur University Act, 1981. XXIV of 1981.] (Chapter 111—Authorities of the University.—Sections 18,19.) 18. (1) The Court shall meet at least thrice in a financial year, other Meetings of the Court. than for convocation, on dates to be fixed by the Vice-Chancellor. One of 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. 19. ( I ) The Executive Council shall consist of the following The Executive members:— Council. (a) ex-officio members(cid:9) (i) the Vice-Chancellor; (ii) the Director of Public Instruction, West Bengal; (iii) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Deputy Secretary to the Government of West Bengal; (iv) the Deans of the Faculty Councils for post-graduate and undergraduate studies; (v) the President, West Bengal Council of Higher Secondary Education; (b) other members (vi) (a) three Teachers of the University of whom not more than one shall be a Professor, elected by such Teachers of the University as are members of the Court from amongst themselves, and (b) three Professors of the University, one from each Faculty Council for post-graduate and under- graduate studies, elected by such Professors of the University as are members of the Faculty Councils from amongst themselves; (c) three Readers or Lecturers of the University, one from each Faculty Council for post-graduate and undergraduate studies, elected by such Readers or Lecturers of the University as are members of the Faculty Councils for post-graduate and under- graduate studies from amongst themselves; 217 The Jadavpur University Act, 1981. [West Ben. Act (Chapter 111.—Authorities of the University.—Section 20.) six persons, other than Teachers, students and non-teaching staff, of whom two shall be registered graduates, elected by the members of the Court from amongst themselves; (viii) five persons of whom— (a) one shall be from the Teachers of an affiliated college elected by such Teachers as are members of the Court from amongst themselves, (b) two shall be students of whom one shall be from the Department or Departments for post-graduate and undergraduate studies in Engineering and Technology elected by such students as are members of the Court from amongst themselves, and (c) two shall be non-teaching staff of the University elected by such non-teaching staff as are members of the Court from amongst themselves; (ix) the member elected under clause (xxiii) of sub-section (1) of section 16; (x) one person nominated by the Chancellor. (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 plus one shall be a quorum for a meeting of the Executive Council. Powers and 20. Subject to the provisions of this Act, the Executive Council shall functions of exercise the following powers and perform the following functions:— the Executive (i) to initiate proposals for the making of Statutes and Ordinances Council. 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 and undergraduate 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, manage and recognize Halls and Hostels; 218 The Jadavpur University Act, 1981. XXIV of 1981.] (Chapter 111.—Authorities of the University.—Section 20.) (v) to direct the inspection of University libraries, University laboratories, University museums, and Hostels; (vi) to recommend to the Court, after consulting the respective Faculty Councils for pos-graduate and undergraduate 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 Court; (vii) to recommend to the Court, after consulting the respective Faculty Councils for post-graduate and undergraduate studies, the creation and institution of Professorships, Readerships, Lectureships and such posts as may be necessary for the establishment of the University Departments, Institutions, centres, libraries, laboratories and museums referred to in clause (i) of sub-section (1) of section 17; (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 prescribe the minimum qualifications for posts of officers, - Teachers and other employees of the University; (x) 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 suspend, discharge or otherwise punish in accordance with the Statutes and the Ordinances such Teachers, officers and employees; (xi) to pass appropriate orders on the basis of the recommendation of the respective Faculty Council for post-graduate and undergraduate studies regarding affiliation of an Institu- tion in one or more subjects or withdrawal of affiliation or recognition of an Institution or temporary take over of the management of an affiliated or a recognized Institution; (xii) to make draft of Statutes, on the recommendation of the respective Faculty Council for post-graduate and undergraduate studies, for colleges, other than Government Colleges, prescribing the constitution, powers and functions of their Governing Bodies; (xiii) to determine, with the approval of the State Government, the terms and conditions of service of Librarians and non- teaching staff; 219 The Jadavpur University Act, 1981. [West Ben. Act (Chapter 111.—Authorities of the University.—Section 20.) (xiv) to make rules for Teachers' Council for colleges and, with the approval of the State Government, rules for provident fund for colleges; (xv) 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; (xvi) to recommend to the Court, after consulting the respective Faculty Councils for post-graduate and undergraduate studies, the institution of degrees, titles, diplomas, certificates and other academic distinctions; (xvii) 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 the 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; (xviii) to recommend to the Court the conferment of honorary degrees and other academic distinctions; (xix) 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 and undergraduate studies; (xx) 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 and undergraduate studies in this regard; (xx ) to make regulations regarding the examinations which shall be recognized as the equivalent examinations held by the University; (xxii) 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; (xxiii) to make regulations regarding all other matters which may be or are required to be prescribed or provided for by regulations; 220 The Jadavpur University Act, 1981. XXIV of 1981.] (Chapter 111-Authorities of the University-Section 20.) (xxiv) to provide for co-operation and reciprocity among Institu- tions and laboratories and the University so as to foster the 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 and undergraduate studies; (xxv) to give directions regarding the form, custody and use of the common seal of the University; (xxvi) 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; (xxvii) to accept and administer gifts, endowments, and benefactions for the furtherance of the purposes of this Act; (xxviii) 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; (xx x) to enter into an agreement with the State Government or with the approval of the State Government with any other Government or with any person, body or authority for the taking over by the University of the management of any Institution, including its assets and liabilities, or for any other purpose not repugnant to the provisions of this Act on the recommendation of the Faculty Council for post-graduate and undergraduate studies concerned; (xxx) to manage the Press Establishment, the Publication Bureau and the Employment Bureau of the University, if any, and to exercise general supervision over Students' Unions, University Sports Board and other bodies instituted by the University; (xxxi) 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; (xxxii) to prepare the annual report and submit the same to the Court for consideration; (xxxiii) 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; 221 The Jadavpur University Act, 1981. [West Ben. Act (Chapter III.—Authorities of the University.—Section 21.) (xxxiv) to co-operate with other universities, institutions, associa- tions, societies or bodies on such terms and for such purposes, not inconsistent with the purposes of this Act, as it may determine; (xxxv) to make rules for the transaction of its own business; (xxxvi) to exercise all other powers and perform all other functions conferred and imposed on the Executive Council by or under this Act; (xxxvii) to exercise general supervision over the Faculty Councils for post-graduate and undergraduate studies and give such directions to these Councils for the due discharge of their respective duties as it may consider necessary. The Faculty 21. (1) There shall be the following Faculty Councils for post- Councils for graduate and undergraduate studies:— post- araduate and (a) the Faculty Council for post-graduate and undergraduate under- studies in Engineering and Technology; graduate studies. (b) the Faculty Council for post-graduate and undergraduate studies in Arts; (c) the Faculty Council far post-graduate and undergraduate studies in Science. (2) The Faculty Council for post-graduate and undergraduate studies in Arts and the Faculty Council for post-graduate and undergraduate studies in Science shall each consist of the following members:— (i) the Vice-Chancellor—Chairman; (ii) the Head or Heads of the Department or Departments concerned; (iii) the Professor or Professors of the Department or Depart- ments concerned, if any; (iv) three Teachers other than Professors from each of the post- graduate Departments of the Faculty Council concerned elected jointly by such Teachers; (v) the Principal or Principals of affiliated college or colleges concerned; (vi) one Teacher from affiliated colleges teaching in the subject or subjects concerned elected jointly by the Teachers of such colleges; (vii) two persons having special knowledge in the subject or subjects concerned nominated by the Vice-Chancellor. 222 The Jadavpur University Act, 1981. XXIV of 1981.] (Chapter 111—Authorities of the University.—Section 22.) (4) Each Faculty Council for post-graduate and undergraduate studies shall have a Secretary to be appointed by the Executive Council. (5) One-third of the total number of members of a Faculty Council for post-graduate and undergraduate studies plus one shall be a quorum for a meeting of the Faculty Council. 22. (1) Subject to the provisions of this Act, and the Statutes, the Powers and functions of Ordinances and the Regulations, a Faculty Council for post-graduate and the Faculty undergraduate studies shall exercise the following powers and perform Council for post- the following functions:— graduate and under- (i) to make proposals to the Executive Council for establish- graduate ment of the University Departments, Institutions, centres, studies. libraries, laboratories and museums for study and research to be maintained by the University; (ii) to recommend to the Executive Council the affiliation of an Institution in one or more subjects; (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 thereof; (iv) to recommend to the Executive Council the creation and institution of Professorships, Readerships, Lectureships and other teaching posts and the duties and emoluments thereof; (v) to recommend to the Executive Council the minimum qualifications for posts of Teachers of the University; (vi) 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; (vii) to make proposal to the Executive Council for constitut- ing or reconstituting departments of teaching in the University; (viii) to make provisions for lectures and instructions for students of affiliated colleges, University Departments, University Laboratories and also other persons who are not such students; 223 The Jadavpur University Act, 1981. [West Ben. Act (Chapter 111.—Authorities of the University.—Section 22.) (ix) to advise the Executive Council on the institution of degrees, titles, diplomas, certificates and other academic distinctions; (x) to fix the date of commencement of, and to hold and conduct (subject to general supervision by the Executive Council), University examinations at the post-graduate and under- graduate stages and publish the results thereof in accordance with the regulations made in this behalf; (xi) to provide for the inspection or the investigation into the affairs of University Departments and submit report to the Executive Council; (xii) to provide for the inspection or the investigation into the affairs of affiliated Institutions and submit report to the Executive Council and to exercise general supervision and control over them;

(xiii) to recommend to the Executive Council the disaffiliation or withdrawal of affiliation of any Institution in respect of any subject or subjects, if on receipt of written report from a team of inspectors appointed by the University the Faculty Council is of opinion that proper standard of teaching is not maintained or conditions of affiliation are not properly fulfilled or the results of the candidates sent up by the Institution for any examination are unsatisfactory or the Institution fails to comply with the directives of the Faculty Council; (xi v) to recommend to the Executive Council the dissolution of the Governing Body of an affiliated Institution, other than a Government College, and pending reconstitution of the Governing Body, the appointment of an Administrator or an ad hoc Governing Body. Explanation [I].—"Government College" shall mean a college maintained and managed by the State Government; (xv) 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; (xvi) to consider any educational matter relating to the Faculty Council and to arrive at decisions or make recommenda- tions pertaining thereto to the appropriate authority or officer; 224 The Jadavpur University Act, 1981. XXIV of 1981.] (Chapter ]II. Authorities of the University.-Section 23.) (xvii) to frame rules relating to the courses of post-graduate and undergraduate studies and the division of subjects in regard thereto and to recommend to the Executive Council the making of regulation in this behalf; (xviii) to maintain contact with other Faculty Councils for the purpose of sharing ideas and ensuring co-ordination; (xix) to submit each year its annual report to the Executive Council; (xx) to make rules for the transaction of its own business; (xxi) to exercise all other powers and perform all other functions conferred and imposed on it by or under this Act; (xxii) 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; (xxiii) to recommend to the Executive Council the conferment of post-graduate and undergraduate degrees, diplomas and certificates; (xxiv) to have general supervision over the Boards of Studies attached to the Faculty Council; (xxv) 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 for prizes and medals. (2) A Faculty Council for post-graduate and undergraduate studies shall not exercise the powers and perform the functions referred to in clauses (iv), (v), (vii), (viii), (ix) and (xvii) of sub-section (1) without consulting the Boards of Studies. 23. (I) There shall be a Dean for each Faculty Council for post- Dean graduate and undergraduate 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 shall hold office for such term as may be prescribed by Statutes. 225 The Jadavpur University Act, 1981. [West Ben. Act (Chapter 111—Authorities of the University.—Sections 24-27.) The Boards 24. There shall be Boards of Studies attached to every Faculty of Studies. Council for post-graduate and undergraduate studies. The constitution of the Boards of Studies shall be prescribed by Statutes and the powers and functions of the Boards shall be prescribed by Regulations. The Finance 25. There shall be a Finance Committee with the Vice-Chancellor Committee. as the Chairman. The constitution, powers and functions of the Finance Committee shall be prescribed by Statutes and its procedure in financial matters, including the delegation of its powers, shall be prescribed by Ordinances. Selection 26. A University Professor or a University Reader or a University Committee Lecturer shall be appointed by the Executive Council on the for teaching posts. recommendation of a Selection Committee consisting of— (i) the Vice-Chancellor as Chairman; (ii) the Dean of the Faculty Council concerned; (iii) a person, expert in the subject, not holding any office of profit under the University, nominated by the Chancellor; (iv) two persons, expert in the subject, not holding any office of profit under the University, nominated by the Executive Council; (v) two experts in the subject concerned to be nominated by the Vice-Chancellor in consultation with the Dean of the Faculty Council and the Head of the Department concerned. The experts shall be chosen from a standing panel of experts, prepared by the Board of Studies and approved by the Faculty Council for post-graduate and undergraduate studies and the Executive Council; (vi) the Head of the Department concerned. Procedure 27. (1) Four members, of whom two shall be experts, shall be a for holding quorum for a meeting of a Selection Committee. meetings of Selection (2) If the Executive Council does not accept the recommenda- Committee. tion 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 reasons and the decision of the Chancellor shall be final. 226 The Jadavpur University Act, 1981. XXIV of 1981.] (Chapter III. Authorities of the University.—Sections 28-31.) 28. (1) Every Teacher, every officer and every employee of the Letter of appointment University shall, on appointment as such, be provided with a letter of of Teachers, appointment containing such terms and conditions of appointment as officers and 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. 29. The services of a temporary Teacher or officer or employee shall Termination temporary not be terminated before the expiration of the period for which he is oTfeacher appointed except after serving one month's notice or paying him one officer or employee. month's salary in lieu thereof.(cid:9) 30. The Executive Council may constitute standing committee or Standing committee standing committees for selection of persons for appointment to the posts for selection of officers and to the other non-teaching posts and may, subject to the of officers nd on- provisions of this Act, prescribe by Ordinances the Procedure and the teachg method of such selection.(cid:9) employees. 31. (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 refen-ed to a Tribunal consisting of the following members, n amely:— (i) a Chairman, who shall be nominated by the Chancellor in consultation with the Minister; 227 The Jadavpur University Act, 1981. [West Ben. Act (Chapter IV.—General provisions governing all authorities or other bodies of the University.—Section 32.) (ii) one person to be nominated by the Teacher, officer or employee concerned, and (iii) one person to be nominated by the Executive Council. (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 meaning of the Arbitration Act, 1940, and all the provisions of that Act 10 of 1940. with the exception of section 2 thereof shall apply accordingly. CHAP 1hR IV General provisions governing all authorities or other bodies of the University. Disqualifica- 32. ( 1 ) No person shall be qualified for election or nomination as tions. a 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 (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 constituency. (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 constituency: 228 The Jadavpur University Act, 1981. XXIV of 1981.] (Chapter IV.—General provisions governing all authorities or other bodies of the University.—Sections 33-35.) Provided that this sub-section shall not apply in the case of an election of members of the Court to the Executive Council, and the Faculty Councils for post-graduate and undergraduate studies. 33. (1) Save as otherwise provided in sub-section (4), an elected or Term of nominated member of any authority or body of the University shall office of members. hold office for a period of four years from the date of his election or nomination, and 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. 34. (1) When a person is qualified to be a member of any authority Ceasation of or body of the University by virtue of his membership or any other membership in certain authority or body, he shall cease to be a member of the authority or body cases. 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. 35. (1) Any casual vacancy among the elected members of any Filling of authority or body of the University shall be filled, in such manner and vacancies. 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. 229 The Jadavpur University Act, 1981. [West Ben. Act (Chapter IV.—General provisions governing all authorities or other bodies of the University.—Sections 36-38.) (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. Proceedings 36. No act or proceedings of the University or of any authority or of the body of the University shall be deemed to be invalid merely by reason University or the of the existence of a vacancy or vacancies among its members or the authorities invalidity of the election of any of the members. or bodies of the Explanation.—For the avoidance of doubt it is hereby declared that University where the office of any member of any authority or body of the University not invalidated cannot be filled up, when such authority or body is constituted for the by first time, on account of any election or appointment not being for any vacancies. 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. 37. (1) There shall be an Election Tribunal to which shall be referred Election Tribunal. any question as to where 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. (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. 38. At a meeting of the Court, the Executive Council, the Faculty Casting vote by the Councils for post-graduate and undergraduate studies or any other authority Chairman. or body of the University, the person presiding at the meeting shall not vote in the first instance, but shall have a casting vote in the case of an equality of votes. 230 (cid:9) The Jadavpur University Act, 1981. XXIV of 1981.] (Chapter V.—Funds of the University, Accounts, Audit and Inspection.—Sections 39-42.) CHAP I hR V Funds of the University, Accounts, Audit and Inspection. 39. The University shall have a fund to be known as the University The University Fund to which shall be credited all its income from fees, fines, Fund. 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 grants for other special purposes. 40. (1) The budget of the University showing the receipt and Budget. expenditure of the University on different accounts for a financial year shall be submitted to the State Government for approval at least four 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. 41. Any provident fund instituted by the University for the benefit Provident Fund. of its Teachers, officers or employees shall be governed by the provisions 19 of 1925.(cid:9) of the Provident Funds Act, 1925, as if such fund were a Government Provident Fund and the Executive Council shall have power to frame Statutes, not inconsistent with the provisions of that Act, for the administration of the Fund. 42. (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. (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. 231 The Jadavpur University Act, 1981. [West Ben. Act (Chapter V.—Funds of the University, Accounts, Audit and Inspection.—Section 43.) Inspection.(cid:9) 43. (1) (i) The State Government shall have the right— (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 equipments, (b) of any Institution maintained by or affiliated to the University, and (c) into all affairs of the University and of such Institution including examination and other work conducted or done by the University or such Institution, and (2) to cause an enquiry to be made into the income, expenditure, properties, assets and liabilities of the University and of any 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 an Institution, both to the University and the Institution, of its intention to cause such inspection or enquiry. (2) The State Government shall communicate to the Court or to the Institution as well as to the University, as the case may be, its views on the results of such inspection or enquiry and may, after considering the opinion of the Court or of such Institution thereon, advise the University or such Institution regarding the action which the State Government considers fit to be taken by the University or by such Institution in the matter concerned and the University or such 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 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 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 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. 232 The Jadavpur University Act, 1981. XXIV of 1981.] (Chapter VI.—Statutes, Ordinances, Regulations and Rules.—Section 44.) CHAPTER VI Statutes, Ordinances, Regulations and Rules. 44. Subject to the provisions of this Act, Statutes may be made to Statutes. provide for all or any of the following matters:— (a) the constitution, duties and powers of the subordinate authorities which may be constituted by the University; (b) the subordinate authorities of which Vice-Chancellor shall be ex-officio member and Chairman; (c) the filling of vacancies of members of the subordinate authorities and all other matters relating to those authorities; (d) the appointment, powers and duties oflhe officers of the University other than the Vice-Chancellor in'so far as these have not been specifically provided for in this Act; (e) the terms and conditions of appointment of the Registrar and the Finance Officer; (f) the constitution of a pension, insurance or provident fund for the benefit of Teachers, and employees of the University; (g) the conferment of honorary degrees; (h) the withdrawal of degrees, diplomas, certificates and other academic distinctions; (i) the establishment of authorities of the University referred to in clause-(6) of section 15 and Institutions, libraries and museums and abolition of such authorities, Institutions, libraries and museums; (j) the maintenance of registers of Government Colleges, constituent colleges and affiliated colleges; (k) the maintenance of a register of— (i) Professors of the University; (ii) Teachers other than Professors of the University; (iii) Principals of affiliated colleges; '(iv) Teachers not being Principals of affiliated colleges; (v) full-time studentS of the University and affiliated colleges; (vi) officers and non-teaching- staff of the University and non-teaching staff of affiliated colleges; 233 The Jadavpur University Act, 1981. [West Ben. Act (Chapter VI.—Statutes, Ordinances, Regulations and Rules.—Section 45.) (1) the rules and procedure for holding elections to the Court, the Executive Council and other authorities or bodies of the University; (m) the conditions under which Institutions may be recognised or affiliated by the University, and the withdrawal of such recognition or affiliation; (n) the Institution of fellowships, scholarships, studentships, exhibitions, medals and prizes; (o) the constitution, powers and functions of the Governing Bodies of colleges, other than Government Colleges; (p) the terms and conditions of service of— (i) Librarians, and (ii) non-teaching staff, of colleges, other than Government Colleges; (q) the calling of meetings of the Court and the giving of notice thereof to the members of the Court and the procedure at such meetings; (r) contracts by the University and the execution thereof; (s) qualifications of Teachers and Teachers of the University; (t) the fees to be charged for courses of study in the University and in colleges and for admission to the examinations for degrees and diplomas of the University; (u) the manner of exemption from study referred to in sub- clause (a) of clause (12) of section 4; and (v) all other matters which under this Act are required to be or may be prescribed by Statutes. How to 45. (1) The Executive Council may of its own motion and shall, 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 234 The Jadavpur University Act, 1981. XXIV of 1981.] (Chapter VI.—Statutes, Ordinances, Regulations and Rules.—Section 46.) 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. (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. 46. 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 their enrolment as such; (b) the course of study to be laid down for all degrees, diplomas and certificates of the University; (c) the degrees, diplomas, certificates and other academic distinctions to be awarded by the University, the qualifications for the same, and the examinations and papers, if any, to be passed and submitted relating to the granting and obtaining of the same; (d) the conditions of the award of fellowships, scholarships, studentships, exhibitions, medals and prizes; (e) the conduct of examinations, including the terms of office, the manner of appointment, and the duties of examining bodies, examiners and moderators; (t) the maintenance of discipline among the students of the University and colleges; (g) the conditions of residence of students at the University and colleges; (h) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students, and the prescribing for them of special courses of study; (i) the emoluments, and the terms and conditions of service of Teachers of the University; 235 The Jadavpur University Act, 1981. [West Ben. Act (Chapter VI.—Statutes, Ordinances, Regulations and Rules.—Sections 47, 48.) (j) the management of Institutions founded or maintained by the University; (k) the supervision and inspection of Institutions; (I) all other matters which under this Act or the Statutes are required to be or may be prescribed by Ordinances. Row to 47. ( I ) The Executive Council shall take into consideration drafts make of Ordinances proposed to be passed, after notice thereof has been given Ordinances. 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. 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 shall remain in force until repealed or amended by a new Ordinance similarly passed and brought into force. 48. Subject to the provisions of this Act and the Statutes and the Regulat sns.(cid:9) Ordinances, Regulations 'may be made to provide for all or any of the following matters:— (a) the procedure to be observed at the meetings of a subordinate authority and the number of members required to form a quorum; (b) the calling of meetings of such subordinate authority, and the giving of notice to its members of the dates of the meetings and of the business to be considered thereat and the keeping of a record of the proceedings of such meetings; (c) matters which by this Act, the Statutes or the Ordinances are required to be prescribed by Regulations; and (d) all other matters solely concerning a subordinate authority or a committee appointed by it and not provided for by this Act, the Statutes or the Ordinances. 236 The Jadavpur University Act, 1981. XXIV of 19811 (Chapter V1.—Statutes, Ordinances, Regulations and Rules.— Sections 49, 50.—Chapter. V1L—Miscellaneous and Transitory Provisions.—Section 51.) 49. (1) The Executive Council or a Committee appointed by it shall How to make take into consideration drafts of Regulations, consistent with this Act and Regulations. 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 majorty 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 a new Regulation similarly passed and brought into force. 50. Subject to the provisions of this Act and the Statutes, the Rules. 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. CHAPTER VII Miscellaneous and Transitory Provisions. 51. (1) The Vice-Chancellor, or, with the approval of the Vice- Delegation . 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, 237 The Jadavpur University Act, 1981. [West Ben. Act (Chapter VII.—Miscellaneous and Transitory Provisions.—Sections 52, 53.) (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 Ordinances, (iv) any of the Faculty Councils for Post-graduate and Undergraduate Studies, or (v) the Finance Committee; (c) the Faculty Council for Post-graduate and undergraduate Studies may delegate any of its powers or duties, conferred or imposed by or under this Act, to— (i) the Vice-Chancellor, (it) 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) a committee constituted from among its own members. Passing of 52. All properties and all rights of whatever kind used, enjoyed or properties possessed by, and all interests of whatever kind owned by or vested in and rights. etc. or held in trust by or for, the Jadavpur University as constituted prior to the appointed day (hereinafter referred to as the former University) as well as all liabilities legally subsisting against the former Unversity shall pass to the University as constituted under this Act. Completion 53. Notwithstanding anything contained in this Act, the Statutes, the of courses of Ordinances and the Regulations, any student of a college affiliated to studies in colleges the former University, who was studying for any examination of the affiliated to former University, shall be permitted to complete his course in preparation the ironer University. therefor and the University shall hold, for such students, examinations in accordance with the curricula of study in force in the former University for such period as may be prescribed. 238 The Jadavpur University Act, 1981. XXIV of 1981.] (Chapter VII.—Miscellaneous and Transitory Provisions.—Section 54.) 54. ( I ) The Vice-Chancellor holding office at the date of publication Transitory provisions of this Act in the Official Gazette shall be the first Vice-Chancellor-of and repeal. the University and he shall be deemed to have been appointed under this Act and he shall hold office for a period of four years from the date of publication of this Act in the Official Gazette or till he attains the age of 65 years, whichever is earlier. (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 Statutes, the Ordinances and the Regulations of the University to be framed. (3) The first Vice-Chancellor shall within six months from the date of his appointment or within such longer period, not exceeding one year 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 and Undergraduate Studies and the Boards of Studies in accordance with the provisions of the Statutes, the Ordinances and the 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 one year as the Chancellor thinks fit, or (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 one year 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. 239 The Jadavpur University Act, 1981. [West Ben. Act (Chapter VII.—Miscellaneous and Transitory Provisions.—Section 54.) (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 and Undergraduate Studies and the Boards of Studies shall commence to exercise their respective functions and the Statutes, the Ordinances and the 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) (a) The Jadavpur University (Temporary Supersession) Act, West Ben. 1980 (hereinafter referred to in this sub-section as the said Act), shall Act V of 1980. stand repealed with effect from the date of publication of this Act in the Official Gazette. (b) Notwithstanding such repeal,— (i ) until the appointed day, the Jadavpur University Council, referred to in clause (b) of section 4 of the said Act shall continue to exercise all the powers and perform all the duties in the manner and on the terms and conditions provided in the said Act, and (ii) anything done or any action taken under the said Act shall be deemed to have been validly done or taken under this Act. (7) The fist 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. (8) The first Vice-Chancellor may subject to the approval of the Chancellor appoint such administrative, clerical and other staff as he deems necessary for giving effect to the provisions of this section. (9) On and from the appointed day, the Jadavpur University Act, West Ben. Act XXXIII 1955, shall stand repealed and thereupon— of 1955. (a) the rules made by the former University for carrying out the provisions of the Jadavpur University Act, 1955 shall, subject to the provisions of sub-section (5), stand repealed and all authorities or bodies of the former University shall cease to function; (b) all Institutions affiliated to or recognised by the former University and continuing as such immediately before the appointed day shall be deemed to be affiliated to, or recognised by, the University; (c) all Institutions of whatever kind established, maintained or managed by the former University prior to the appointed day shall be deemed to be Institutions established, maintained or managed by the University under this Act; 240 The Jadavpur University Act, 1981. XXIV of 1981.] (Chapter V1L—Miscellaneous and Transitory Provisions.—Section 55.) (d) all affairs, functions or activities of the former University, including studies and examinations, 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; (e) all things done or deemed to have been done, and all actions taken or deemed to have been taken and all appointments made by the former University under the Jadavpur University Act, 1955 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 such repeal references to the Vice-Chancellor under the said Act, shall be deemed to be references to the first Vice- Chancellor under this Act. (10) In construing the provisions of section 16, section 19, section 21 and section 24 and 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 and Undergraduate Studies and the Boards of Studies, references to the heads of departments of teaching of the University, and Teachers of the University shall be deemed to be references to the persons holding offices respectively as the heads of departments of teaching and Teachers of the Jadavpur University, immediately before the date of appointment of the first Vice-Chancellor. (11) The provisions of this section shall have effect notwithstanding anything to the contrary contained elsewhere in this Act or in any other law. 55. In on account of any lacuna or omission in the provisions of this Removal of difficulties. Act, or for any other reason whatsoever, any difficulty arises as to the first constitution of any authority of the University under this Act, or otherwise in giving effect to the provisions of this Act, the State Government, 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. 241