(i) to recommend to the Executive Council the affiliation of a college or an institution in one or more subjects;
(ii) to ensure annual inspection of colleges;
(iii) to exercise general supervision over the colleges to ensure that the conditions of affiliation are properly fulfilled, the standard of teaching is uniformly maintained and syllabi as prescribed are properly completed within the academic year;
(iv) to fix the last date of admission of students to different courses of studies and the date of commencement of examinations in consultation with other Councils for undergraduate studies;
(v) to appoint Head Examiners, Examiners, Paper-setters, Scrutineers, Co-ordinators, Convenors, Tabulators and other persons under the general supervision of the Executive Council;
(vi) to hold and conduct examinations and to approve and • declare the results of the examinations within such period as may be prescribed;
(vii) to recommend to the Executive Council the disaffiliation or withdrawal of affiliation of any college in respect of any subject or subjects, if, on receipt of written report from a team of Inspectors appointed by the University, the Council is of opinion that proper standard of teaching is not maintained or conditions of affiliation are not properly fulfilled or the results of the candidates sent up by the college for any examination are unsatisfactory or the college has failed to comply with the directives of the Council;
(viii) to establish, maintain and manage halls and hostels of undergraduate colleges;
(ix) to recommend to the Executive Council the temporary take over of the management of an affiliated or a recognised college or institution, other than a Government College in consultation with the Executive Council in order to ensure that proper standards of teaching, training or instruction are maintained therein;
(x) to provide for the inspection or investigation into the affairs of undergraduate colleges or institutions recognised by the Council or affiliated to the University and to exercise general supervision and control over them;
• Powers and functions of the Council for undergraduate studies.
183 The Burdwan University Act, 1981.
[West Ben. Act (Chapter 111.—Authorities of the University.— Section 25.)
(xi) to make due provision for health, welfare, residence, and discipline of students and their relationship with the colleges and the University and to provide for such training of students as may be considered desirable;
(xii) to recommend to the Executive Council the dissolution of the Governing Body of an affiliated college, or institution, other than a Government College and pending reconstitution of the Governing Body, the appointment of an Administrator or an ad-hoc Governing Body;
(xiii) to collect fees for examination, condonation of short percentage for appearing at an examination as noncollegiate student, marksheet, late admission, change of examination centre, scrutiny of answerscript, and change of name or surname, and any other charge for registration and migration of students and grant of diplomas, certificates or any other documents at such rate as may be prescribed by the Executive Council;
(x v) to exercise supervision to ensure that all properties and funds of the Council are properly controlled and administered;
(xv) to supply promptly such information, returns, reports and other materials as may be required by the Court;
(xvi) to extend facilities and other assistance including exhibits of records, books of accounts, ledgers and any other documents to officers deputed by the Court for inspection;
(xvii) to approve the annual report of the activities of the Councils during the previous academic year and submit the same to the Executive Council on or before such date as may be fixed by the Executive Council;
(xviii) to abide by, and implement promptly, the decisions that may be arrived at by the Court from time to time in regard to the Council;
(xix) to follow the guidelines and the rules framed by the Court from time to time;
(xx) to have general responsibility for academic affairs in relation to undergraduate studies with which the Council is concerned;
(xxi) to have general supervision over the Boards of Studies attached to the Council in accordance with the rules framed for the purpose;
(xxii) to maintain contact with the corresponding Council for Post-Graduate Studies for the purpose of sharing ideas and ensuring co-ordination;
184 The Burdwan University Act, 1981.
XXIII of 1981.]
(Chapter HT—Authorities of the University.— Sections 26-28.)
(xxiii) to frame rules relating to courses of undergraduate studies and the division of subjects in regard thereto and to recommend to the Executive Council the making of regulations in this behalf.
(2) Notwithstanding anything contained in sub-section (1), the Council for undergraduate studies in Medicine shall have the following additional powers:—
(i) to have general responsibility for academic affairs of medical college or colleges affiliated to the University relating to entrance requirements, curricula, instructions, examinations, discipline, student activities, athletics, college libraries and similar other matters;
(ii) to frame rules and make regulations relating to courses of undergraduate studies in Medicine and the division of subjects in regard thereto subject to approval of the Executive Council;
(iii) to advise affiliated college or colleges regarding provisions to be made for and the administration and supervision of the academic affairs mentioned in sub-clause (i), to provide for inspection of the college or colleges and to call for from such college or colleges reports or other information in connection therewith.
26. (1) There shall be a Dean for each Faculty Council for Post- Dean.
Graduate Studies who shall be a Professor of the University.
(2) The Dean shall be elected by the members of the Faculty Council for Post-Graduate Studies and shall act as the Vice-Chairman of the Faculty Council for Post-Graduate Studies.
(3) The seniormost Dean shall act as the Vice-Chairman of a Council for Undergraduate Studies.
(4) The Dean shall hold office for such term as may be prescribed by Statutes.
27. There shall be Boards of Studies attached to every Faculty Council for Post-Graduate Studies or .Council for undergraduate studies. The constitution of the Boards of Studies shall be prescribed by the Statutes and the powers and functions of the Boards shall be prescribed by the Regulations.
28. There shall be a Finance Committee with the Vice-Chancellor as the Chairman. The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes and its procedure in financial matters, including the delegation of its powers, shall be prescribed by Ordinances.
The Boards of Studies.
The Finance Committee.
185 The Burdwan University Act, 1981.
[West Ben. Act (Chapter 111.—Authorities of the University.— Sections 29-31.)
Selection Committee for teaching posts.
Procedure for holding meetings of the Selection Committee.
Letter of appointment of officers and employees.
29. (1) A University Professor shall be appointed by the Executive Council on the recommendation of a Selection Committee consisting of—
(i) the Vice-Chancellor as Chairman;
(ii) the Dean of the Faculty Council concerned;
(iii) a person, not holding any office of profit under the University and having special knowledge of the subject which the Professor will teach, nominated by the Chancellor;
(iv) two persons, not holding any office of profit under the University and having special knowledge of the subject which the Professor will teach, nominated by the Executive Council.
(2) A University Reader or a University Lecturer shall be appointed by the Executive Council on the recommendation of a Selection Committee consisting of—
(i) the Vice-Chancellor as Chairman;
(ii) the Dean of the Faculty Council concerned;
(iii) the Head of the Department concerned, if any;
(iv) a person, not holding any office of profit under the University and having special knowledge of the subject which the Reader or the Lecturer will teach, nominated by the Chancellor;
(v) two persons, not holding any office of profit under the University and having special knowledge of the subject which the Reader or the Lecturer will teach, nominated by the Executive Council.
30. (1) Three members of whom at least two shall be persons having special knowledge in the subject concerned shall be a quorum for a meeting of a Selection Committee.
(2) If the Executive Council does not accept the recommendation of a Selection Committee, it shall refer the recommendation back to the Selection Committee with reasons for reconsideration and if the Executive Council does not accept the reconsidered views of the Selection Committee, the matter shall be referred to the Chancellor with reasons and the decision of the Chancellor shall be final.
31. ( I) Every Teacher, every officer and every employee of the University shall, on appointment as such, be provided with a letter of appointment containing such terms and conditions of appointment as may be prescribed by the Ordinances.
186 The Burdwan University Act, 1981.
XXIII of 1981.]
(Chapter 111.—Authorities of the University.— Sections 32-34.)
(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 a period of probation may, at the discretion of the appropriate authority of the University, be extended for 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 Court in this behalf and the fact to 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.
32. The services of a temporary Teacher or officer or employee shall not be terminated before the expiration of the period for which he is appointed except after serving one month's salary in lieu thereof.
33. The Executive Council may constitute standing committee or standing committees for selection of persons for appointment to the posts of officers and to the other non-teaching posts and may, subject to the provisions of this Act, prescribe by the Ordinances the procedure and the method of such selection.
34. ( ) If in the case of any dispute between the Court and any Teacher, officer or employees of the University no final order has been passed by the Court within a period of one year from the date on which the dispute was referred to the Court by such Teacher, officer or employee, such dispute shall, on the request of such Teacher, officer or employee, be referred to a Tribunal consisting of the following members, namely:—
(i) a Chairman who shall be nominated by the Chancellor in consultation with the Minister;
(ii) one person to be nominated by the Executive Council;
(iii) one person to be nominated by the Teacher, officer or employee concerned.
Termination of services of temporary Teacher, officer or employee.
Standing Committee for selection of officer and nonteaching staff.
Tribunal.
187 The Burdwan University Act, 1981.
[West Ben. Act (Chapter IV.—General provisions governing all authorities or other body of the University.—Sections 3'5, 36.)
(2) The Tribunal may call for any record, report or other information from the Court, if, in its opinion, such record, report or other information is necessary for efficient discharge of its functions and other information to the Tribunal.
(3) 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.
(4) 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.
CHAPTER IV General provisions governing all authorities or other body of the University.
Disqualifica- .35. (1) No person shall be qualified for election or nomination as a Mons. 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:
Provided that this sub-section shall not apply in the case of an election of members of the Court to the Executive Council, the Faculty Councils for Post-Graduate Studies, and the Councils for undergraduate studies.
Term of office of members.
36. (1) Save as otherwise provided in sub-section (4), an elected or nominated member of any authority or body of the University shall hold office for a period of four years from the date of his election or nomination, as the case may be:
188 The Burdwan University Act, 1981.
XXIII of 1981.]
(Chapter IV.—General provisions governing all authorities or other body of the University.—Sections 37, 38.)
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 terms 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 date 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.
37. (1) When a person is qualified to be a member of any authority or body of the University by virtue of his membership of any other authority or body, he shall cease to be a member of the authority or body of the University when he ceases to be a member of the other.
(2) When a person is elected or nominated as a member of any authority or body of the University from any constituency, he shall cease to be such a member when he ceases to belong to that constituency.
Cessation of membership in certain cases.
38. (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.
(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 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.
189 The Burdwan University Act, 1981.
[West Ben. Act (Chapter IV.—General provisions governing all authorities or other body of the University.—Sections 39-41.)
Proceedings of the Court or the authorities or bodies of the University not invalidated by vacancies.
39. No act or proceedings of the Court or of any authority or body of the University shall be deemed to be invalid merely by reason of the existence of a vacancy or vacancies among its members or the invalidity of the election of any of the members.
Explanation.—For the avoidance of doubt it is hereby declared that when the office of any member of any authority or body of the University cannot be filled up, when such authority or body is constituted for the first time, on account of any election or appointment not being for any reason feasible, there shall be deemed to be a vacancy in the office of such member until election takes place or such appointment is made.
Election 40. (1) There shall be an Election Tribunal to which shall be referred Tribunal.
any question as to whether any person is eligible under this Act for election or nomination or has been duly elected or nominated as, or is entitled to be, a member of any authority or body of the University, and the decision of the Election Tribunal on such question shall be final.
(2) The constitution of 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.
Casting vote by the Chairman.
41. At a meeting of the Court, the Executive Council, the Faculty Councils for Post-Graduate Studies, the Councils for undergraduate studies or any other authority or body of the University, the person presiding at the meeting shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.
190 The Burdwan University Act, 1981.
XXIII of 1981.]
(Chapter V.---Funds of the University, Accounts, Audit and Inspection.—Sections 42-45.)
CHAP I FI2 V Funds of the University, Accounts, Audit and Inspection.
42. The University shall have a fund to be known as the University Fund to which shall be credited all its income from fees, fines, contributions, donations, loans and advances and from any other source whatsoever. The University may also create, by Ordinances made in this behalf, separate special funds for the administration of endowments, trusts or specific grant or grants for other special purposes.
43. ( I) The budget of the University showing the receipt and 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 the commencement of 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 Court 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.
44. Any provident fund instituted by the University for the benefit of Provident 19 of 1925. its employees shall be governed by the provisions of the Provident Fund Fund.
Act, I925, 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.
45. ( I ) The Annual Statement of Accounts of the University shall, after examination by the Executive Council, be subjected to such audit as the State Government may direct.
(2) Such Annual Statement of Accounts shall, together with copies of the audit report thereon, be submitted to the Court and to the State Government and shall thereupon be published by the Court. The Court shall consider the audited annual accounts at a meeting and may take such action thereon as it thinks fit.
(3) The Court, 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.
The University Fund.
Budget of the University.
Annual accounts and Audit.
191 The Burdwan University Act, 1981.
[West Ben. Act Inspection.
(Chapter V.—Funds of the University, Accounts, Audit and Inspection.—Section 46.)
(4) The State Government may require the Court to supply to it any information in regard to the accounts and the budget and the Court shall comply with such requisition.