(a) the powers and functions of the Boards of Studies;
(b) the functions and duties of Teachers' Councils in Universities and in colleges and institutions other than Government Colleges and institutions;
(c) the conditions for admission to the different courses of study and examinations of students;
Regulations.
36 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III The Dakshin Dinajpur University Act, 2018.
(Chapter VL—Statutes, Ordinances and Regulations.—Sections 59, 60.— Chapter VII.—Miscellaneous and Transitory Provisions.—Section 61.)
How to make Regulations.
Rules.
(d) the rules for the conduct of University examinations;
(e) the courses of study and the division of subjects upon the recommendations of the Faculty Council for Post-graduate Studies or the Council for Undergraduate Studies concerned;
(f) the minimum qualifications for Teachers of the University as per guidelines of the University Grants Commission or any other appropriate authority;
(g) all other matters which under this Act or the Statutes or the Ordinances are required to be or may be provided by Regulations.
59. (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.
(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(4) A Regulation shall, unless cancelled or modified by the Court under subsection (3), remain in force until repealed or amended by a new Regulation similarly passed and brought into force.
60. (1) The State Government may make rules for the purpose of carrying out any of the provisions of this Act.
(2) Every rules made under this section shall, as soon they are made, be laid before the State Legislature while it is in session.
CHAPTER VII Miscellaneous and Transitory Provisions Delegation. 61. (1) The Vice-Chancellor or, with the approval of the Vice-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 provided 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, or
(ii) the Executive Council, or
(iii) a committee constituted from among its own members, or
(iv) a committee appointed in accordance with the Statutes;
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 37 • The Dakshin Dinajpur University Act, 2018.
Completion of courses for students in colleges affiliated to the former University.
Transitory provisions and repeal.
(Chapter VII.—Miscellaneous and Transitory Provisions.—Sections 62, 63)
(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, or
(ii) a committee constituted from among its own members, or
(iii) a committee constituted in accordance with the Statutes or the Ordinances, or
(iv) any of the Faculty Councils for Post-graduate Studies or Councils for Undergraduate Studies, or
(v) the Finance Committee;
(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, or
(ii) a committee constituted from among its own members, or
(iii) a committee constituted in accordance with the Regulations, or
(iv) any of the Board 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.
62. Notwithstanding anything contained in this Act, the Statues, the Ordinances and the Regulations, any student of a college affiliated formerly to any other University, who was studying for any examination of such other University, shall upon admission of such college to the privileges of the University, be permitted to complete his course in preparation thereof and appear for examinations conducted by the former University or 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 determined.
63. (1) The Chancellor shall appoint a person to be the Vice-Chancellor under subsection (4) of section 64, and he shall be the first Vice-Chancellor of the University and shall hold office for such period as may be determined by the Chancellor in consultation with the Minister, from time to time, or his attaining of sixty-five years, whichever is earlier. The first Vice-Chancellor shall exercise all the powers and perform all the duties of the Vice-Chancellor under this Act.
(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 first Statutes, the first Ordinances and the first Regulations of the University to be framed.
(3) The first Vice-Chancellor shall within one year from the date of his appointment or within such longer period, not exceeding two years from the date of his appointment, as the State Government may direct, cause arrangements to be made for constituting the Court, the Executive Council, the Faculty Council for Post-graduate Studies, the Councils for Undergraduate Studies and the Boards of Studies in accordance with the provisions of the first Statutes, the first Ordinances and the first Regulations of the University as framed under sub-section (2), as if they had already come into force.
38 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III The Dakshin Dinajpur University Act, 2018.
(Chapter VII.—Miscellaneous and Transitory Provisions.—Section 63)
(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 purpose of this section for such period not exceeding two years or his attaining of sixty-five years, whichever is earlier, 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 three years or his attaining of sixty-five years, whichever is earlier, 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.
(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 Studies, the Councils for Undergraduate Studies and the Boards of Studies shall commence to exercise their respective functions and the first Statutes, the first Ordinances and the first Regulations of the University as framed under sub-section
(2) shall come into force and shall be the first Statutes, the first Ordinances and the first Regulations of the University.
(6) The first 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.
(7) 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.
(8) On and from the appointed day:—
(a) section 64 shall stand repealed and thereupon the Dakshin Dinajpur University Council referred in sub-section (1) of the said section, and all bodies and all committees constituted by the said Council, shall stand dissolved;
(b) all colleges and institutions of whatever kind established, maintained or managed by any other University and affiliated to or recognised by the University prior to the appointed day shall be deemed to be colleges or institutions established, maintained or managed by the University under this Act;
(c) all affairs, functions or activities of the 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;
PART THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 39 The Dakshin Dinajpur University Act, 2018.
(Chapter VII.—Miscellaneous and Transitory Provisions.—Section 64)
(d) all things done or deemed to have been done, and all actions taken or deemed to have been taken and all appointments made in relation to any college or institution referred to in clause (b) or under any law in force for the time being, 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 actions taken or such appointments made, provided that until the appointed day references to the Vice-Chancellor under any such law shall be deemed to be references to the first Vice-Chancellor under this Act.
(9) In construing the provisions of this Act and in construing the provisions of the first Statutes, the first 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 Studies, the Councils for Undergraduate Studies and the Boards of Studies, references to the Heads of departments of teaching of the University, the University Professors, University Associate Professors, University Assistant Professors, and teachers of the University shall be deemed to be references to the persons holding offices respectively as the Heads of teaching Departments, Professors, Associate Professors, Assistant Professors and teachers of the University, if any, immediately before the date of appointment of the first Vice-Chancellor.
(10) The provisions of the section shall have effect notwithstanding anything to the contrary contained elsewhere in this Act or in any other law.
Dakshin 64. (1) With effect from such date as the State Government may, by notification in Dinajpur the Official Gazette, a University ppoint, and until the appointed day all the powers and functions Council. of the University, the Court, the Executive Council, the Faculty Councils for Postgraduate Studies, the Councils for Undergraduate Studies, the Boards of Studies, the Finance Committee and all other authorities to be constituted under this Act or the Statutes or the Ordinances shall, respectively, be exercised and performed by a Council to be known as the Dakshin Dinajpur University Council.
(2) The following shall be the members of the Council:—
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the Secretary, Department of Higher Education, Science and Technology and Biotechnology, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(d) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(e) Member Secretary, West Bengal State Council of Higher Education;
(f) the President, West Bengal Council of Higher Secondary Education;
(g) not less than ten and not more than fifteen persons nominated by the Chancellor in consultation with the Minister from amongst the persons interested in education.
(3) The Registrar of the University shall act as the Secretary of the Council.
(4) The first Vice-Chancellor shall be appointed by the Chancellor in consultation with the Minister on the basis of recommendation made by a Search Committee comprising three eminent educationists constituted for this purpose by the State Government.
(5) The first Registrar, the first Finance Officer and such other officers of the University (including technical personnel) as may be required to be appointed from time to time shall be appointed by the Council on the recommendation of a committee JL L 40 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART HI The Dakshin Dinajpur University Act, 2018.
(Chapter VII.—Miscellaneous and Transitory Provisions.—Sections 65, 66.)
consisting of the Vice-Chancellor as Chairman, a nominee of the Council, a nominee of the Chancellor and a nominee of the State Government, and subject to the supervision, direction and general control of the Vice-Chancellor, they shall exercise all the powers and perform all the duties conferred and imposed on them by or under this Act, or delegated to them by the Vice-Chancellor.
(6) The Council may, subject to the approval of the State Government, appoint such administrative, clerical and other staff, including technical staff as it deems necessary for giving _effect to the provisions of this section.
(7) The Council may, with the approval of the Chancellor, delegate any of its powers and functions to such body or bodies as may be constituted by it to carry on the functions of the Court, the Executive Council, the Faculty Councils for Post-graduate Studies, the Councils for Undergraduate Studies, the Boards of Studies, the Finance Committee and all other authorities to be constituted under this Act or the Statutes or the Ordinances:
Provided that st ch delegation shall not prevent the exercise of any such power or discharge of any such functions by the Council.
(8) (i) The Chancellor, or in his absence the Vice-Chancellor, shall preside at the meetings of the Council;
(ii) twenty-five percent of the members of the Council shall be a quorum for a meeting of the Council;
(iii) twenty-five percent of the members of any Body or authority constituted by the Council shall be a quorum for a meeting of such body.
(9) No act or proceeding of the Council or of any Body or authority constituted by it shall be invalid or called in question by reason of the existence of any vacancy, initial or subsequent, in the Council or in any body constituted by the Council, as the case may be.
(10) The other provisions of this Act shall, if in conflict with the provisions of this section, stand modified to the extent provided in this section:
Provided that nothing in this sub-section shall affect the power of the Chancellor or the Vice-Chancellor under this Act.
(11) If a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation or expiry of his office or otherwise, the same shall be filled up by the Chancellor in consultation with the Minister.
(12) Any vacancy in the Council occurring by reason of death, resignation or otherwise shall be filled up by the Chancellor in consultation with the Minister and the Vice-Chancellor, in so far as such filling up is not inconsistent with the provisions of this section.
(13) If, by any reason, any difficulty arises in giving effect to the provisions of this section, the Council shall refer such difficulty to the State Government which may make such order or do such thing, not inconsistent with the provisions of this section, as appears to it to be necessary or expedient for removing the difficulty.
65. The State Government shall have powers to give directions to the University for any purpose not inconsistent to the provisions of this Act, which the University shall comply.
66. If on account of any lacuna or omission in the provisions of this Act, or for any other reason whatsoever, any difficulty arises as to the first constitutions of any authority or the University under this Act, or otherwise in giving effect to the provision 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 for the time being in force.
Powers to give directions.
Removal of difficulties.
By order of the Governor, SANDIP KUMAR RAY CHAUDHURI, Secy. to the Govt. of West Bengal, Law Department.
Published by Law Department, Government of West Bengal and Printed at Saraswaty Press Ltd.(Government of West Bengal Enterprise), Kolkata 700 056.
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