(I) an eminent technologist to be nominated by the Chancellor;
(ii) an eminent educationist to be nominated by the Chancellor;
010 one member of the Board to be nominated by the Chancellor.
(2) The Chancellor shall designate one member as the Chairman of the Committee.
(3) The term of office of the Vice-Chancellor shall be determined by the Board for the period not exceeding five years.
(4) Notwithstanding anything contained in sub-sections (1) and (3), the Vice- Chancellor of the University holding the office at the commencement of this Act, shall be deemed to have been appointed as the first Vice-Chancellor.
(5) Where a vacancy in the office of Vice-Chancellor occurs and it connot be conveniently and expeditiously filled up in accordance with the provisions of subsection (1) and if there is any emergency, the Chancellor, in consultation with the Board, may appoint any suitable person to be the Vice-Chancellor and may, from time to time, extend the term for a period not exceeding one year.
(6) The conditions of service of the Vice-Chancellor, including salary allowances, leave, pension and provident fund shall be such as may be prescribed by the Board and until so prescribed shall be determined by the Chancellor.
19. (1) The Vice-Chancellor shall be the Chief Executive and Academic Officer of the University and shall preside over the meetings of the Academic Council and Finance Committee.
(2) Without prejudice to the generality of the provisions contained in sub-section
(1), the Vice-Chancellor shall—
(i) exercise general supervision and control over the affairs of the University;
(ii) ensure implementation of the decisions of the authorities of the University;
PART In] THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 16, 2012 11 The Techno India University, West Bengal, Act, 2012.
(Section 20.)
be responsible for imparting of instruction and maintenance of discipline in the University;
exercise such other powers, and perform such other duties as may be assigned to him under this Act or the regulations made thereunder or as may be delegated to him by the Board or the Chancellor, as the case may be.
(3) Where any matter is of urgent nature requiring immediate action and the same cannot be immediately dealt with by the Chairman or authority or body of the University empowered under this Act to deal with it, the Vice-Chancellor may take such action as he may deem fit and shall forthwith report the action taken by him to the Chairman or authority or body of the University who or which in the ordinary course, would have dealt with the matter:
Provided that if such authority or other body is of the option that such action ought not to have been taken by the Vice-Chancellor, it may refer the matter to the Chairman who may either conform the action taken by the Vice-Chancellor or annul the same or modify it in such manner as he thinks fit, and thereupon it shall cease to have effect or as the case may be, shall take effect in such modified form; so however such modification or annulment shall be without prejudice to the validity of anything previously done by or under the order of the Vice-Chancellor.
(4) Where the exercise of the power by the Vice-Chancellor under sub-section
(3) involves the appointment of any person, such appointment shall be confirmed by the competent authority empowered to approve such appointment, in accordance with the provisions of this Act and the regulations made thereunder, not later than six months from the date of order of the Vice-Chancellor, otherwise the same shall cease to have effect on the expiration of a period of six months from the date of order of Vice-Chancellor.
(iii)
(iv) Appointment, other terms and conditions of service of Administrator and its power and dunes.
20. (1) The Administrator shall be appointed by the Chancellor in such manner and on such terms and conditions as may be prescribed by regulations.
(2) The Administrator shall exercise the following powers and perform following duties, namely:—
(i) he shall be responsible for the overall and thy-to-thy administration of the University;
he shall place before the Board and other authorities of the University, all such information as may be necessary for transaction of its business;
he shall be responsible to the Chancellor through the Vice-Chancellor for the proper discharge of his functions;
he shall, subject to the control of the Vice-Chancellor, be responsible for the administration and services of the officials and staff of the University and be responsible for the execution of all processes connected therewith;
he shall attest and execute all documents on behalf of the University;
and he shall exercise such other powers and perform such other duties as may be assigned to him by the regulation made under the provisions of this Act or as may be delegated to him by the Board, the Chancellor or the Vice-Chancellor from time to time as the case may be.
12 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 16, 2012 [PART El The Techno India University, West Bengal, Act, 2012.
(Sections 21-25.)
Appointment, other terms and conditions of service of Registrar and its power and duties.
The Deans.
Permanent Endowment Fund and Security Fund of Univesity.
Payment to University.
Funds of University.
21. (1) The Registrar shall be appointed by the Chancellor in such manner and on such terms and conditions as may be prescribed by the regulations.
(2) The Registrar shall exercise the following powers and perform following duties, namely:—
(i) he shall be responsible for the custody of records, common seal, the funds of the University and such other property of the University;
(ii) he shall place before the Board and other authorities of the University, all such information as may be necessary for transaction of its business;
(iii) he shall be responsible to the Vice-Chancellor for the proper discharge of his functions;
(iv) he shall, subject to the control of the Vice-Chancellor, be responsible for all processes connected with the registration of the students and activities related to the Departments or Schools or Centres of the University;
(v) he shall exercise such other powers and perform such other duties as may be assigned to him by the regulations made under the provisions of this Act or as may be delegated to him by the Board, the Chancellor or the Vice-Chancellor from time to time, as the case may be.
22. (1) The Deans of the University shall be appointed by the Vice-Chancellor, with the approval of the Chairman of the Board, from amongst the Faculty of the Univesity.
(2) The Deans shall assist the Vice-Chancellor in managing the academic and other affairs of the University and shall exercise such powers and perform such functions as may be prescribed by the regulations or be entrusted to them by the Vice- Chancellor.
23. (1) An Endowment Fund will be set up by the Univesity through a fixed deposit of Rupees ten crore in a nationalized bank which will be kept as reserve fund for the development of the University.
(2) A security fund will be pledged in the name of the Director of Public Instructions, on behalf of the State Government in the Department of Higher Education through a fixed deposit of Rupees one crore in a nationalized bank to be kept as security deposit.
24. The Trust may pay to the University from time to time such sums of money and in such manner as may be considered necessary for the exercise of its powers and discharge of its functions under this Act.
25. (1) The University shall have its own funds consisting of—
(a) all moneys provided by the Trust;
(b) all fees and other charges received by the University;
(c) all moneys received by the University by way of grants, loans, gifts, donations, benefactions, bequests or transfers;
(d) all moneys received by the University from the collaborating Industry or Institution in terms of the provisions of the Memorandum of Understanding between the University and the Industry or Institution, for establishment of sponsored chairs, fellowships and infrastructure facilities to the University;
(e) all moneys received by the University in any other manner or from any other source.
PART 111] THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 16, 2012 13 The Techno India University, West Bengal, Act, 2012.
(Sections 26-29.)
(2) All funds of the University shall be deposited in such banks or invested in such manner as the Board may decide on the recommendation of the Finance Committee.
(3) The funds of the University shall be applied towards the expenses of the University including expenses incurred in the exercise of its powers and discharge of its functions.
Accounts and Audit. 26. (1) The University shall maintain proper accounts and other relevant records, and prepare an annual statement of accounts including the income and expenditure account and balance sheet, in such form and in such manner as may be prescribed by the regulations.
(2) The University shall adopt a proper system of internal checks and balances and controls in the discharge of its finance, accounting and auditing functions as may be prescribed by the regulations.
(3) The Accounts of the University shall be audited not less than once per year by a statutory auditor who shall be a Chartered Accountant or a firm of Chartered Accountants as defined in the Chartered Accountants Act, 1949, who or which shall be appointed by the Board.
(4) The Accounts of the University certified by the person or firm so appointed or any other person authorized in this behalf together with the audit report thereon shall be placed before the Board and the Board may issue such instructions to the University in respect thereof as it deems fit and the University shall comply with such instructions.
(5) The Accounts of the University shall be audited by an internal auditor who shall be a Chartered Accountant or a firm of Chartered Accountants appointed by the Board, to ensure concurrent audit of all books of accounts, and such internal audit reports shall be placed before the Board for review.
(6) The University shall prepare each year a report of its activities during the previous year and submit it in the form of an annual report to the Board for review and approval.
38 of 1949.
Pension and Providend Fund scheme.
Acts and proceedings not to be invalidated by vacancies.
Conferment of degrees, diplomas and grant of certificates by University.
27. (1) The University shall, with the approval of the Board, constitute for the benefit of its officers, teachers, and other employees, in such manner and subject to such conditions, as may be prescribed by the regulations, such schemes of pension, provident funds and insurance as it may deem fit, and also aid in establishment of the associations, institutions, funds, trusts and conveyance calculated to benefit the staff and the students of the University.
(2) Where any such provident fund has been so constituted, the provisions of the Provident Funds Act, 1925, shall apply to such fund as if it were a Government 19 of 1925. Provident Fund.
28. No act or proceeding of the Board or any authority of the University or any committee constituted under this Act or by the regulations shall be questioned on the ground merely of the existence of any vacancy in or defect in the constitution of the Board, Authority or Committee of the University.
29. Notwithstanding anything contained in any other law for the time being in force, the University shall have powers to confer degrees, diplomas and grant certificates, and confer degrees and honorary degrees and other distinctions and titles, as approved by the Board.
14 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 16 , 2012 [PART III The Techno India University, West Bengal, Act, 2012.
(Sections 30-33.)
Returns and Information.
Management of University on dissolution of Trust.
Power of State Government to issue direction.
Power to make Regulations.
30. The Universtiy shall furnish to the State Government, University Grants Commission and other statutory authorities such reports, returns, statements and other information as may be required by them from time to time
31. (1) The Trust shall give a notice of not less than six months period to the State Government of its intention to dissolve the Trust.
(2) Upon receipt of any notice from the Trust, the State Government shall make arrangements for administration of the University from the date of dissolution of the Trust and until the last batch of students in regular courses of the University complete their courses.
(3) The expenditure for administration of the University during taken over period of its management shall be met out of the Permanent Endowment Fund of the University.
(4) On dissolution of the Trust, the Permanent Endowment Fund of the University shall be in the form of a corpus fund.
32. The State Government shall have powers to issue directions from time to time as may be required to be followed by the University under the provisions of this Act and the regulations made thereunder and under any other law for the time being in force.
33. (1) Subject to the provisions of this Act, the Board shall have, in addition to all other powers vested in it, the power to make regulations to provide for the administration and management of the affairs of the University.
(2) In particular and without prejudice to the generality and foregoing powers, such regulations may provide for all or any of the following matters, namely:—
(i) the summoning and holding of meetings of the authorities of the University other than the first Meeting of the Board, and quorum and conduct of business at such meetings;
the power and functions to be exercised and discharged by the Chancellor of the University;
(iii) the constitution, powers and duties of the other authorities, bodies and committees of the University established under this Act, the qualifications and disqualifications for membership of such authorities, bodies and committees, term of office of the membership, appointment and removal of members thereof and other matters connected therewith, and removal of members of the Board, the Academic Council and the Finance Committee;
(iv) the procedure to be followed by the Board and any Committee or other body constituted under this Act and by the regulations made thereunder in the conduct of the business, exercise other powers and discharge of the functions;
(v) the procedure and criteria to be followed in established courses of study and admission of students;
(vi) the procedure to be followed by enforcing discipline in the University;
(vii) the management of the properties of the University;
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 16, 2012 15 The Techno India University, West Bengal, Act, 2012.
(Section 34.)
(viii) the degrees, diplomas, certificates and other academic distinctions and titles which may be conferred or granted by the University and withdrawal or cancellation of any such degrees, diplomas, certificates and other academic distinctions and tides and the requirements thereof;
(ix) the conduct of examinations including the term of office and appointment of examiners;
(x) the creation of posts of Professors, Associate Professors, Assistant Professors, Readers, Lecturers of equivalent academic designations or posts, officers and employees of the University, and the appointment of persons to such posts including the qualifications requisite therefor;
the fees and other charges which may be paid to the University for the courses, training facilities and services provided by it;
(xii) the manner and conditions for constitution of insurance, pension and provident funds and such other schemes for the benefit of officers, teachers, and other employees of the University;
(xiii) the terms and conditions applicable for association of the University with other institutions;
(xiv) the preparation of budget estimates and maintenance of accounts;
(xv) the mode of execution of contracts or agreement by or on behalf of the University;
(xvi) the method of recruitment, classification and procedure for appointment of officers and staff of the University;
(xvii) the terms and tenure of appointments, salaries and allowances, contractual services, rules of discipline and other conditions of service of the Vice- Chancellor, other officers, teachers and employees of the University;
(xviii) the terms and conditions governing deputation of officers and staff of the University;
(xix) the powers and duties of the Vice-Chancellor and other officers, teachers and employees of the University;
(xx) the terms and conditions governing fellowship, scholarship, stipends, medals and prizes;
(xxi) the authentication of the orders and decisions of the Board;
(xxii) the matters relating to hostels and halls of residence including disciplinary control therein;
(xxiii) all matters which by this Act are to be or may be prescribed by the regulations.
Removal of difficulties. 34. If any difficulty arises with respect to the establishment of the University or in connection with the first meeting of any authority of the University or otherwise in first given effect to the provisions of this Act and the regulations made thereunder, the Chancellor of the University may, at any time, before all authorities of the 16 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 16, 2012 PART III Transitory provisions.
Indemnity.
The Techno India University, West Bengal, Act, 2012.
(Sections 35, 36.)
University have been constituted, by order, make any appointment or do anything consistent, so far as may be, with the provisions of this Act and regulations made thereunder which appear to him necessary or expedient for the purpose of removing the difficulty and every such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Act and regulations made thereunder:
Provided that before making any such order the Chancellor may ascertain and consider the opinion of the Vice-Chancellor and of such appropriate authority of the University as may have been constituted.
35. Notwithstanding anything contained in this Act,—
(a) the Vice-Chancellor may, with the prior approval of the Chancellor and subject to availability of funds, discharge all or any of the functions of the University for the purpose of carrying out the provisions of this Act and the regulations made thereunder and for that purpose may exercise any power or perform any duties which by this Act and regulations made thereunder are to be exercised or performed by any authority of the University until such authority comes into existence as provided by this Act and regulation made thereunder;
the Board of the University functioning as such immediately before the commencement of this Act shall continue to so function until the Board is constituted for the Univesity under this Act, but on the constitution of the Board under this Act, the members of the Board holding office before such constitution shall cease to hold office;
(c) the Academic Council of the University functioning as such immediately before the commencement of this Act shall continue to so function until the Academic Council is constituted for the University under this Act, but on the constitution of the Academic Council under this Act, the members of the Academic Council holding office before such constitution shall cease to hold office;
(d) the Finance Committee of the University functioning as such immediately before the commencement of this Act shall continue to so function until the Finance Committee is constituted for the University under this Act, but on the constitution of the Finance Committee under this Act, the members of the Finance Committee holding office before such constitution shall cease to hold office;
(e) until the first regulations of the University are made under this Act, the existing rules and regulations of the Techno India University, West Bengal, as approved by the Board as in force immediately before the commencement of this Act, shall continue to apply to the University, in so far as they are not inconsistent with the provisions of this Act.
36. No suit, prosecution or other legal proceedings shall lie against, and no damages shall be claimed from the University, Chancellor, the Vice-Chancellor, the authorities, officers, any member of Board of Governors and the Committee Members of the University or any other person in respect of anything which is done in good faith or purporting to be done in pursuance of this Act or any regulation made thereunder.
(b) By order of the Governor, MALAY MARUT BANERJEE, Secy. to the Govt. of West Bengal, Law Department.
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd.
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