(i) to recommend to the Syndicate 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 uiformly maintained and syllabuses 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 Syndicate;
(vi) to hold and conduct examinations and to approve and declare the results of the examinations within such period as may be prescribed;
Powers and duties of the Councils for undergraduate studies.
317 The Calcutta University Act, 1979.
[West Ben. Act (Chapter 111.—Authorities of the University.—Section 26.)
(vii) to recommend to the Syndicate 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, 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 approve appointments of the Principal and Teachers of a college;
(ix) to establish, maintain and manage halls and hostels of undergraduate colleges;
(x) to recommend to the Syndicate the temporary take over of the management of an affiliated or a recognised college or institution, other than a Government College, in order to ensure that proper standards of teaching, training or instruction are maintained therein;
(xi) to provide for the inspection or investigation into the affairs of undergraduate college or institutions recognised by the Council or affiliated to the University and to exercise general supervision and control over them;
(xii) to make due provision for health,welfare, residence, and discipline of students and their relationship with the University and to provide for such training of students as may be considered desirable;
(xiii) to recommend to the Syndicate 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;
(x v) 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 answer script, and change of name or surname, and any other charge for registration and migraion of students and grant of diplomas, certificates or any other documents at such rate as may be prescribed by the Syndicate;
(xv) to exercise supervision to ensure that all properties and funds of the Council are properly controlled and administered;
318 The Calcutta University Act, 1979.
XXXVIII of 1979.]
(Chapter 111.—Authorities of the University.—Section 26.)
(xvi) to supply promptly such information, returns, reports and other materials as may be required by the University;
(x vii) to extend facilities and other assistance including exhibits of records, books of accounts, ledgers and any other documents to officers deputed by the University for inspection;
(xviii) to approve the annual report of the activities of the Council during the previous academic year and submit the same to the Syndicate on or before such date as may be fixed by the Syndicate;
(x ix) to abide by, and implement promptly, the decisions that may be arrived at by the University from time to time in regard to the Council;
(xx) to follow the guidelines and the rules framed by the University from time to time;
(xxi) to have general responsibility for academic affairs in relation to undergraduate studies with which the Council is concerned;
(xxii) to have general supervision over the Board of Studies attached to the Council in accordance with the rules framed for the purpose;
(xxiii) to maintain contact with the corresponding Council for post-graduate studies for the purpose of sharing ideas and ensuring co-ordination.
(2) Notwithstanding anything contained in sub-section (1), the Council for Undergraduate Studies in Medicine, Dental Science, Homoeopathy and Ayurved shall have the following additional powers:—
(i) to have general responsibility for academic affairs of Medical 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;
(iii) to advise affiliated 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 colleges and to call for from such colleges reports or other information in connection therewith.
319 The Calcutta University Act, 1979.
[West Ben. Act (Chapter 111.—Authorities of the University—Sections 27-31.)
Deans of Faculty Councils.
The Boards of Studies.
The Finance Committee.
The Tripura Council.
Selection Committee for teaching posts.
27. (1) There shall be a Dean for each Faculty Council for postgraduate studies who shall be elected by the Faculty Council in such manner and subject to such conditions as may be prescribed by Statutes.
(2) The Dean shall hold office as a Dean for such term as may be prescribed by Statutes.
28. 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 Statutes and the powers and functions of the Boards shall be prescribed by Regulations.
29. There shall be a Finance Committee with the Vice-Chancellor as the Chairman and the Pro-Vice-Chancellor for Business Affairs and Finance as the Vice-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.
30. The composition, powers and duties of the Tripura Council shall be such as may be prescribed.
31. (1) A University Professor shall be appointed by the Syndicate on the recommendation of a Selection Committee consisting of—
(i) the Vice-Chancellor as Chairman;
(ii) the Pro-Vice-Chancellor for Academic Affairs;
(iii) the Dean of the Faculty Council concerned;
(iv) 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;
(v) 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 Syndicate.
(2) A University Reader or a University Lecturer shall be appointed by the Syndicate on the recommendation of a Selection Committee consisting of—
(i) the Vice-Chancellor as the Chairman;
(ii) the Pro-Vice-Chancellor for Academic Affairs;
320 The Calcutta University Act, 1979.
:XXVIII of 1979.]
(Chapter 111.—Authorities of the University.—Sections 32, 33.)
(iii) the Dean of the Faculty Council concerned or, in his absence, the Head of the Department concerned;
(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 Syndicate.
32. (1) Four members shall be a quorum for a meeting of a Selection Procedure Committee.
for holding meetings of
(2) If any member of a Selection Committee is unable to attend, Selection he may send his opinion in writing to the Vice-Chancellor and such Committee.
opinion shall be taken into consideration by the Committee.
(3) If the Syndicate 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 Syndicate 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.
33. (1) 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 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 with 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.
Letter of appointment of Teachers, officers and employees.
321 The Calcutta University Act, 1979.
[West Ben. Act (Chapter 111.—Authorities of the University.—Sections 34-36.)
34. 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 notice or paying him one month's salary in lieu thereof.
35. The Syndicate may constitute a 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 Ordinances the procedure and the method of such selection.
36. (1) If in the case of any dispute between the University and any Teacher, officer or employee of the University no final order has been passed by the University within a period of one year from the date on which the dispute was referred to the University by such Teacher, officer or employee, such dispute shall, on the request of such Teacher, officer or employee, be referred to a Tribunal consisting of the following members, namely:—
(i) a Chairman, who shall be a person who holds or has held the office of a Judge not below the rank of a District Judge, to be nominated by the Chancellor in consultation with the Minister;
(ii) one person to be nominated by the Syndicate;
(iii) one person to be nominated by the Teacher, officer or employee concerned.
(2) 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.
(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 10 of 1940.
Act with the exception of section 2 thereof shall apply accordingly.
Termination of service of temporary Teacher, officer or employee.
Standing committee for selection of officers and nonteaching employees.
Tribunal.
322 The Calcutta University Act, 1979.
XXXVIII of 1979.]
(Chapter IV—General provisions governing all authoritites or other bodies of the University.—Sections 37, 38.)
CHAPTER IV General provisions governing all authorities or other bodies of the University.
37. (1) No person shall be qualified for election or nomination as 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:
Provided that this sub-section shall not apply in the case of an election of members of the Senate to the Syndicate, the Faculty Councils for post-graduate studies, and the Councils for undergraduate studies.
38. (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:
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.
Disqualifications.
Term of office of members.
323 The Calcutta University Act, 1979.
[West Ben. Act (Chapter 1V—General provisions governing all authorities or other bodies of the University.—Sections 39-42.)
Cessation of membership in certain cases.
Filling of vacancies.
Proceedings of the University or the authorities or bodies of the University not invalidated by vacancies.
Chancellor's power to decide question as to eligibility for being chosen as or forbeing members and to annul election proceedings in certan cases.
39. (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.
40. (1) Any casual vacancy among the elected members of any authority or body of the University shall be filled, in such manner and within such time as may be prescribed, by election by such authority or body of a person representing the interest which the member, whose seat has become vacant, represented.
(2) Any vacancy among the nominated members of any authority or body of the University shall be filled, within such time as may be prescribed, by nomination by the person or authority that nominated the member whose seat has become vacant.
(3) Vacancies arising by efflux of time in the seats of elected members of any authority or body of the University shall be filled by election to be held on such date or dates, not later than six months or such extended period as the Chancellor may, by order made in this behalf, specify, from the date on which the vacancies arise, as the Vice- Chancellor may fix.
41. No act or proceedings of the University 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 where 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 such election takes place or such appointment is made.
42. (1) If any question arises whether any person is eligible 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, the question shall be referred to the Chancellor, whose decision thereon shall be final.
(2) If, during the progress of any election of members to any authority or body of the University, the Chancellor is satisfied that such election is vitiated by fraud or corrupt practice, the Chancellor may make an order annulling the proceedings in respect of such election or 324 The Calcutta University Act, 1979.
XXXVIII of 1979.]
(Chapter 117.—General provisions governing all authorities or other bodies of the University.—Section 43.—Chapter Funds of the University, Accounts, Audit and Inspection.— Sections 44-46.)
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 Chancellor shall be final.
(3) No suit or proceeding shall lie in any civil court against a decision or an order of the Chancellor under sub-section (1) or subsection (2), as the case may be.
43. At a meeting of the Senate, the Syndicate, 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.
Casting vote by the Chairman.
CHAPTER V Funds of the University, Accounts, Audit and Inspection.
44. The University shall have a fund to be known as the University The Fund to which shall be credited all its income from fees, fines, University contributions, donations, loans and advances and from any other source Fund.
whatsoever. The University may also create, by Ordinances made in this behalf, separate special funds for the administration of endowments, trusts or specific grants or grants for other special purposes.
45. The State Government shall, in every financial year after considering the report submitted under sub-section (3) of section 48 relating to the year preceding the previous financial year, contribute to the University Fund an amount which shall not be less than rupees seventy-five lakhs and such contribution shall be subject to review by the State Government every three years.
46. (1) The budget of the University showing the receipt and expenditure of the University on different accounts shall be submitted to the State Government at least three months before the end of the financial year for approval.
(2) The State Government shall, at least one month before the end of the financial year, communicate its approval or otherwise of the budget to the University.
Annual contribution by State Government.
General limitations on financial powers of the University.
325 The Calcutta University Act, 1979.
[West Ben. Act (Chapter V.—Funds of the University; Accounts, Audit and Inspection.—Sections 47-49.)
(3) If no communication is sent to the University by the State Government within the period as aforesaid, the budget shall be deemed to have been approved by the State Government.
(4) 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:
Provided that no such prior approval shall be necessary in respect of any expenditure on any scheme not provided in the budget, if such expenditure is met by the University out of its own resources.
Provident 47. Any provident fund instituted by the University for the benefit Fund. of its Teachers, officers or employees shall be governed by the provisions of the Provident Funds Act, 1925, as if such fund were a Government 19 of 1925.
Provident Fund and the Syndicate shall have power to frame Ordinances, not inconsistent with the provisions of that Act, for the administration of the fund.
Annual Accounts and Audit.
Inspection.
48. (1) The Annual Statement of Accounts of the University shall, after examination by the Syndicate, 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 Senate and to the State Government and shall thereupon be published by the Senate.
(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.
49. (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 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.
326 The Calcutta University Act, 1979.
XXXV1II of 1979.]
(Chapter VI.—Statutes, Ordinances and Regulations..— Section 50.)
(ii) The State Government shall, in every such case of inspection or enquiry, give previous notice to the University or to such college or institution, as the case may be, of its intention to cause such inspection or enquiry.
(2) The State Government shall communicate to the Senate and the Syndicate or to such college or institution, as the case may be, its views on the results of such inspection or enquiry and may, after considering the opinion of the Senate and the Syndicate or of such college or institution thereon, advise the University or such college or institution regarding the action which the State Government considers fit to be taken by the University or by such college or institution in the matters concerned and the University or such college or institution shall report to the State Government, within such time as the State Government may direct, the action which is proposed to be taken or has been taken by the University or by such college or institution to give effect to such advice of the State Government.
(3) The State Government may, after considering the report referred to in sub-section (2), advise the University or such college or institution, as the case may be, to take such further action in the matters concerned, as may, in the opinion of the State Government, be necessary, and the University or such college or institution shall take or cause to be taken such further action within such time as may be specified in that behalf by the State Government.
CHAPTER VI Statutes, Ordinances and Regulations.
50. 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 clause (5) of section 6;
(b) the establishment of authorities of the University referred to in clause (8) of section 17;
(c) the powers, duties, and terms and conditions of service of the officers of the University in so far as these have not been specifically provided for in this Act;
(d) the constitution, powers and duties of the authorities of the University in so far as these have not been specifically provided for in this Act;
327 The Calcutta University Act, 1979.
[West Ben. Act (Chapter VI.—Statutes, Ordinances and Regulations.— Section 51.)
(e) the rules and procedure for holding elections to the Senate, the Syndicate and other authorities and bodies of the University;
(t) the terms and conditions of affiliation or recognition of colleges or institutions, including terms and conditions for continuance of such affiliation or recognition and rules for disaffiliation or withdrawal of recognition of such colleges or institutions;
(g) the terms and conditions of recognition of colleges as constituent colleges or professional colleges;
(h) the constitution, powers and functions of the Governing Bodies of colleges, other than Government Colleges;
(i) the terms and conditions of service and the minimum emoluments for posts of Principals, Teachers and such other employees as the University may deem fit, of all affiliated colleges, other than Government Colleges;
(j) the rules for Provident Funds for Teachers of colleges, other than Government Colleges;
(k) the holding of convocations to confer degrees, titles, diplomas, certificates and other academic distinctions, including honorary degrees and distinctions;
(1) the conditions for the registration of graduates of the University and for the maintenance of a Register for registered graduates;
(m) all other matters which under this Act are required to be or may be prescribed by Statutes.
How to make Statutes.
51. (1) The Syndicate may of its own motion, and shall, when required by the Senate, make a draft of any Statute and submit the same to the Senate. The draft so submitted shall be considered by the Senate 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 Senate 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 Senate. If the Senate so rejects or amends the draft of any Statute, it shall be sent back to the Syndicate with the views of the Senate for reconsideration. Thereupon, the Syndicate shall reconsider the draft and resubmit it to the Senate with such changes as it may deem necessary. On such resubmission of the draft, it shall again be considered by the Senate at a meeting or meetings to be held within a period of 328 The Calcutta University Act, 1979.
XXXVIII of 1979.]
(Chapter VT—Statutes, Ordinances and Regulations.— Section 52.)
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 Senate 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 Senate without any amendment, or be passed by the Senate 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.
52. Subject to the provisions of this Act and the Statutes, Ordinances Ordinances.
may be made to provide for all or any of the following matters:—
(a) the admission of students to the University and the colleges affiliated to or recognized by it and their enrolment as such;
(b) the levy of fees in University Colleges and in University Laboratories;
(c) the conditions of residence and rules of discipline of the students of the University, including students of the colleges affiliated to or recognized by it, and the levy of fees for residence in halls;
(d) the appointment of Teachers, officers and employees of the University, their emoluments, their duties and other terms and conditions of their service, in so far as these have not been specifically provided for in this Act or in the Statutes;
(e) rules for the institution of Provident Fund or other funds for the benefit of the Teachers, officers and employees of the University;
(f) rules for the establishment, maintenance and management of University Libraries, University Museums, halls, and other University Institutions for study, research and residence;
(g) rules for the recognition of libraries, laboratories, museums, hostels, and institutions for study, research and residence, other than those established, maintained and managed by the University;
329 The Calcutta University Act, 1979.
[West Ben. Act (Chapter VI.—Statutes, Ordinances and Regulations.— Section 53.)
How to make Ordinances.
(h) rules for the taking over of the management of an affiliated or a recognized college or institution, other than a Government College or institution, in order to ensure that proper standards of teaching, training and instruction are maintained therein;
(i) rules for the exercise of general supervision and control over affiliated or recognized colleges or institutions and for the giving of financial aid to them;
(j) rules for the inspection or investigation into the affairs of colleges or other institutions, affiliated to or recognized by the University, to ensure that proper standards of teaching, training and research are maintained therein;
(k) rules for the imposition and collection of fees, fines and other dues payable to the University;
(1) the duties and functions of the Teachers of the University including the Heads of Departments;
(m) rules for the registration of students;
(n) the appointment, duties and remuneration of examiners;
(o) rules for the administration of gifts, endowments and benefactions, and for the institution and award of fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes;
(p) rules and procedure for accep