(1) to cause an inspection to be made, by such person or persons as it may direct,—
(a) of the University, its buildings, laboratories, libraries, museums, press establishment, workshops and equipment,
(b) of any college or institution maintained by or affiliated to the University, and
(c) into all affairs of the University and of such college or institution including examination and other work conducted or done by the University or such college or institution, and
(2) to cause an enquiry to be made into the income, expenditure, properties, assets and liabilities of the University and of any college or institution maintained by or affiliated to the University.
(ii) The State Government shall, in every such case of inspection or enquiry, give previous notice to the University and if the inspection relates to a college, both to the University and the college affiliated to it, as the case may be, of its intention to cause such inspection or inquiry.
(2) The State Government shall communicate to the Court and the Executive Council its views on the results of such inspection or inquiry and may, after considering the opinion of the Court and the Executive Council or of such college or institution thereon, advise the University or such college or institution regarding the action which the State Government considers fit to be taken by the University or by such college or institution in the matters concerned and the University or such college or institution shall report to the State Government, within such time as the State Government may direct the action which is proposed to be takeu or has been taken by the University or by such college or institution to give effect to such advice of the State Government.
192 The Burdwan University Act, 1981.
XXIII of 1981.]
(Chapter VI.—Statutes, Ordinances, Regulations and Rules.— Section 47.)
CHAPTER VI Statutes, Ordinances, Regulations and Rules.
47. Subject to the provisions of this Act, Statutes may be made to statutes.
provide for all or any of the following matters:—
(a) the declaration of posts as posts of officers of the University referred to in sub-clause (iv) of section 7;
(b) the establishment of authorities of the University referred to in clause (7) of section 16;
(c) the constitution, duties and powers of the subordinate authorities which may be constituted by the University;
(d) the subordinate authorities of which the Vice-Chancellor shall be an ex-officio member and Chairman;
(e) the filling of vacancies of members of the subordinate authorities and all other matters relating to those authorities;
(f) the appointment, powers and duties of the officers of the University other than the Vice-Chancellor;
(g) the constitution of a pension, insurance or provident fund for the benefit of the officers, Teachers and other employees of the University;
(h) the conferment of honorary degrees;
(i) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(j) the establishment and abolition of Faculties, Departments of Studies, colleges, libraries, museums and other institutions;
(k) the maintenance of registers of Government Colleges, constituent and affiliated colleges;
(I) 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 and the procedure to be followed for the election of the members of the Court referred to in clauses (viii) to (x) and (xiii) to
(xvii) of sub-section (1) of section 17;
(m) the conditions under which colleges and other institutions may be recognised or affiliated by the University, and the withdrawal of such recognition or affiliation;
(n) the constitution, powers and functions of the Governing Bodies of colleges, other than Government Colleges;
193 The Burdwan University Act, 1981.
[West Ben. Act (Chapter VI.—Statutes, Ordinances, Regulations and Rules.— Section 48.)
How to make Statutes.
(o) the terms and conditions of service of—
(i) Librarians, and
(ii) non-teaching staff, of colleges, other Government Colleges;
(p) the institution of fellowships, scholarships, studentships, exhibitions, medals and prizes;
(q) the calling of meetings of the Court and the giving of notice thereof to the members of the Court and the quorum and procedure at such meetings;
(r) contracts by the University and the execution thereof;
(s) annual report of the University;
(t) qualifications of teachers including Teachers of the University;
(u) 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;
(v) the manner of exemption from study referred to in subclause (a) of clause (11) of section 4; and
(w) all other matters which by or under this Act are or may be provided for by Statutes.
48. (1) The Executive Council may of its own motion, and shall, when required by the Court, make a draft of any Statutes and submit the 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 Statutes, it shall be sent back to the Executive Council with the views of the Court for reconsideration.
Thereupon, the Executive Council shall reconsider the draft and resubmit it to the Court with such changes as it may deem necessary. On such resubmission of the draft, it shall again be considered by the Court at a meeting or meetings to be held within a period of six weeks from the date of such submission (hereinafter referred to as the latter period) and the draft so resubmitted shall, unless rejected by the Court before the expiry of the latter period by a majority of the total number of its members existing at the time, be deemed to have been passed by the Court without any amendment, or be passed by the Court with such amendments as it may deem fit to make therein within the latter period and by the same majority as aforesaid.
194 The Burdwan University Act, 1981.
XXIII of 1981.]
(Chapter 171—Statutes, Ordinances, Regulations and Rules.— Section 49.)
(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.
49. 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 of the University and their enrolment as such;
(b) the courses 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 and manner of appointment and the duties of examining bodies, examiners and moderators;
(f) the maintenance of discipline among the students of the University and the colleges;
(g) the conditions of residence of students at the University and the 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 special courses of study;
(i) the emoluments, and the terms and conditions of service, of Teachers of the University;
(j) the management of colleges and other institutions founded or maintained by the University;
(k) the supervision and inspection of colleges and other institutions;
and
(1) all other matters which by this Act or the Statutes are to be or may be provided for by Ordinances.
195 The Burdwan University Act, 1981.
[West Ben. Act (Chapter VI—Statutes, Ordinances, Regulations and Rules.— Sections 50-52.)
50. (1) The Executive Council shall take in consideration drafts of Ordinances proposed to be passed, after notice thereof 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.
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 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.
Regulations. 51. Subject to the provisions of this Act and the Statutes and the Ordinances, Regulations may be made to provide for all or any of the following matters:—
(a) the 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 for 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 committee appointed by it and not provided for by this Act, the Statutes or the Ordinances.
How to make Regulations.
52. (1) The Executive Council or a Committee appointed by it shall take into consideration drafts of Regulations, consistent with this Act and the Statutes and the Ordinances after notice of the proposed Regulations has been given to the members of the Executive Council at least three weeks in advance of the date fixed for consideration of the same by the Executive Council or the Committee appointed by it. The Vice-Chancellor may direct a shorter notice in a matter which in his opinion is of an emergent nature.
How to make Ordinances.
196 The Burdwan University Act, 1981.
XXIII of 1981.]
(Chapter W.—Statutes, Ordinances, Regulations and Rules.— Section 53.—Chapter VB.—Miscellaneous and Transitory Provisions.—Section 54.)
(2) A Regulation shall be deemed to be passed by the Executive Council if it is agreed to at a meeting of the Executive Council by a majority of the total number of members of the Executive Council existing at the time. A Regulation shall come into force immediately on being passed unless otherwise directed by the Chancellor.
(3) The Court shall have the power, by a resolution passed by a majority of its total number of members existing at the time, to cancel or modify any Regulation.
(4) A Regulation shall, unless cancelled or modified by the Court under sub-section (3), remain in force until repealed or amended by a new Regulation similarly passed and brought into force.
53. Subject to the provisions of this Act and the Statutes, the Ordinances Rules.
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.
54. (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,
(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 Studies or Councils for undergraduate studies, or
(v) the Finance Committee;
197 The Burdwan University Act, 1981.
[West Ben. Act (Chapter VIL—Miscellaneous and Transitory Provisions.— Sections 55-57.)
(c) the Faculty Council for Post-Graduate Studies or the Council for undergraduate studies may delegate any of its powers or duties, conferred or imposed by or under this Act, to—
(i) the Vice-Chancellor,
(ii) a committee constituted from among its own members,
(iii) a committee constituted in accordance with the Regulations, or
(iv) any of the Boards of Studies;
(d) the Finance Committee may delegate any of its powers or duties, conferred or imposed by or under this Act, to—
(i) the Vice-Chancellor, or
(ii) to a committee constituted from among its own members.
Passing of properties and rights.
etc.
Completion of courses of Studies in Colleges affi hated to the former University.
Transitory provisions and repeal.
55. All properties and all rights of whatever kind used, enjoyed or possessed by, and all interests of whatever kind owned by or vested in or held in trust by or for, the University of Burdwan as constituted prior to the appointed day (hereinafter referred to as thformer University) as well as all liabilities legally subsisting against the former University shall pass to the University as constituted under this Act.
56. Notwithstanding anything contained in this Act, the Statutes, the Ordinances and the Regulations, any student of a college affiliated to the former University, who was studying for any examination of the former University, shall be permitted to complete his course in preparation therefor and the University shall hold for such students, examinations, in accordance with the curricu