(1) the Vice-Chancellor;
(2) the Registrar;
(3) the Deans of Faculty Councils;
(4) the Director of School of Studies;
(5) the Finance Officer;
(6) the Law Officer;
(7) the Controller of Examinations;
(8) Inspector of Colleges;
(9) The University Librarian;
(10) such other persons as may be declared by Statutes to be the officers of the University.
10. (1) The Governor shall, by virtue of his office, be the Chancellor of the University. He shall be the head of the University and the President of the Court and shall, when present, preside at the meetings of the Court.
(2) The Chancellor shall exercise such powers as may be conferred on him by or under the provisions of this Act.
(3) Where power is conferred upon the Chancellor to make nominations to any authority or body of the University, the Chancellor shall, to the extent necessary, nominate persons to represent interests not otherwise adequately represented.
(4) Every proposal to confer any honorary degree shall be subject to confirmation by the Chancellor.
11. (1) (a) The Vice-Chancellor shall be a distinguished academician with proven competence and integrity and having a minimum of ten years experience in a University system of which at least five years shall be as professor or ten years of experience in a reputed research or academic administrative organization of which at least five years shall be in an equivalent position of professor.
PART HI] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 9 The Dakshin Dinajpur University Act, 2018.
(Chapter 11.—University and its Officers.—Section 11.)
(b) The Vice-Chancellor should be appointed by the Chancellor out of a panel of three names recommended in order of preference by the Search Committee constituted by the State Government. While preparing the panel, the Search Committee must give proper weightage to academic excellence, exposure to the higher education system in the country and abroad and adequate experience in academic and administrative governance and reflect the same in writing while submitting the panel to the Chancellor.
(c) The Search Committee shall be constituted in the following manner :—
(i) an academician, not below the rank of the Vice-Chancellor of a Central or State-aided University or the Director of a National institute of higher learning, to be nominated by the Chancellor in consultation with the Minister, who shall be the Chairperson of the Committee;
(ii) an academician, not below the rank of a Professor of a Central or State aided University or National institute of higher learning, to be nominated by the State Government;
(iii) an academician not below the rank of a Professor of a Central or State aided University or National institute of higher learning, to be nominated by the Court:
Provided that the nominees, as mentioned under sub-clause (i), (ii) and (iii) shall not be the persons associated with the concerned University for which the Search committee is constituted.
(2) (a) The Vice-Chancellor shall hold office for a period of four years or till he attains the age of sixty-five years, whichever is earlier, and shall be eligible for reappointment for another term of four years or till he attains the age of sixty-five years, whichever is earlier, following the provisions of sub-section (1).
(b) The Chancellor may, notwithstanding the expiration of the term of the office of Vice-Chancellor or his attaining the age of sixty-five years, allow him to continue in office till a successor assumes office, provided that he shall not continue as such for any period exceeding six months.
(3) The Vice-Chancellor shall be a whole-time officer of the University and shall be paid from the University Fund such salary and allowances as the Chancellor may decide in consultation with the State Government.
(4) The Vice-Chancellor may resign his office by writing under his hand addressed to the Chancellor;
(5) If—
(a) the Vice-Chancellor is, by reason of leave, illness or other cause, temporarily unable to exercise the powers and perform the duties of his office, or
(b) a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation, removal, expiry of the term of his office or otherwise, then during the period of such temporary inability or pending the appointment of a Vice-Chancellor, as the case may be, the Chancellor, in consultation with the Minister, appoint a person to exercise the powers and perform the duties of the Vice-Chancellor.
10 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III The Dakshin Dinajpur University Act, 2018.
Powers and duties of the Vice-Chancellor.
(Chapter IL—University and its Officers.—Section 12.)
(6) The vacancy in the office of the Vice-Chancellor occurring by reason of death, resignation or expiry of the term of his office, removal or otherwise shall be filled up by appointment of a Vice-Chancellor in accordance with the provisions of sub-section
(1) within a period of six months from the date of occurrence of the vacancy, and such period should be held to include any period for which a Vice-Chancellor is allowed to continue in office under, clause (b) of sub-section (2), or a person is appointed by the Chancellor in consultation with the Minister to exercise the powers and perform the duties of the Vice-Chancellor under sub-section (5).
(7) The Vice-Chancellor may be removed from his office by the Chancellor if he is satisfied that the incumbent—
(a) has become insane and adjudged by a competent court to be of unsound mind; or
(b) has become an undischarged insolvent and stands so declared by a competent court; or
(c) has been physically unfit and incapable of discharging function due to protracted illness or physical disability; or
(d) has willfully omitted or refused to carry out the provisions of this Act or has committed breach of any of the terms and conditions of the service contract or has abused or misused the powers vested in him or if the continuance in the office of the Vice-Chancellor is detrimental to the interest of the University; or
(e) has been proved to be guilty of criminal breach of trust or criminal negligence or gross financial irregularity or impropriety or gross negligence of duty; or has shown incompetence to perform or has persistently made default in the performance of the duties imposed on him by or under this Act; or has been convicted by a Court for any offence within the concept and meaning of the Code of Criminal Procedure, 1973; or
(h) is a member of, or otherwise associated with, any political party or acts in any partisan manner while in office:
Provided that the Vice-Chancellor shall be given a reasonable opportunity to show cause by the Chancellor before taking recourse for his removal under clauses (d), (e),
(f), (g) and (h).
Explanation.—For the purpose of this sub-clause, whether any party is a political party or any association is a political association or any act of the Vice-Chancellor is partisan, the decision of the Chancellor thereon shall be final.
12. (1) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall, in the absence of the Chancellor, preside over the meeting of the Court. He shall, by virtue of his office, be a member and the Chairman of the Executive Council and the Academic Councils for Post-graduate and Undergraduate Studies and also the Chairman of any other authority or body of the University of which he may be a member. He shall also be entitled to be present at and to address any meeting of any other authority or body of the University of which he may not be a member, but shall not be entitled to vote thereat.
(2) The Vice-Chancellor shall have the power to convene meetings of the Court, the Executive Council, the Faculty Councils for Post-graduate Studies and of any other authority or body of the University.
(f)
(g) 2 of 1974.
PART THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 11 The Dakshin Dinajpur University Act, 2018.
(Chapter 11.—University and its Officers.—Sections 13-15.)
(3) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act, and the Statutes, the Ordinances and the Regulations, are faithfully observed and to take such action as may be necessary for this purpose.
(4) The Vice-Chancellor shall have the power to exercise general control and supervision over all other officers of the University and over all teachers and employees of the University and generally over all the affairs of the University.
(5) The Vice-Chancellor shall exercise such other powers and discharge such other duties as may be delegated to him by any authority or body of the University or as may be provided by Statutes, Ordinances or Regulations.
(6) The Vice-Chancellor may take on behalf of the University such action as he may deem expedient in any matter which, in his opinion, is either urgent or of an emergent nature and shall report the same for confirmation at the next meeting to the authority or body which, in the ordinary course, would have dealt with the matter:
Provided that if the action taken by the Vice-Chancellor is not approved by the authority or body concerned, the matter shall immediately be referred to the Chancellor whose decision thereon shall be final.
(7) The Vice-Chancellor may, with the appfoval of the Executive Council, delegate any of his powers (other than the power referred to in sub-section (6)) to any other officer subordinate to him.
The Registrar.
Powers and duties of the Registrar.
Finance Officer.
13. (1) The Registrar shall be a whole-time officer of the University and shall be appointed by the Executive Council on the recommendation of a Committee consisting of the Vice-Chancellor as Chairman, a nominee of the Chancellor, two nominees of the Executive Council and a nominee of the State Government, and on such terms and conditions, as prescribed by, or under, this Act.
(2) The Registrar may resign his office by writing under his hand addressed to the Vice-Chancellor.
(3) If the Registrar is for any reason temporarily unable to exercise the powers or perform the duties of his office, the Vice-Chancellor may with the approval of the Executive Council appoint a teacher of the University or an officer of the University, temporarily for a period not exceeding six months, to exercise the powers and perform the duties of the Registrar.
14. Subject to the supervision, direction and general control of the Vice-Chancellor, the Registrar shall act as the Secretary to the Court and the Executive Council and shall exercise such powers and perform such duties as may be provided by the Statutes, or delegated to him by or under this Act.
15. (1) The Finance Officer shall be a whole-time officer of the University. He shall be appointed by the Executive Council on the recommendation of a committee consisting of the Vice-Chancellor as the Chairman, a nominee of the Chancellor, two nominees of the Executive Council and a nominee of the State Government for such period and on such terms and conditions as may be prescribed by or under this Act.
(2) The Finance Officer may resign his office by writing under his hand addressed to the Vice-Chancellor.
(3) If the Finance Officer is for any reason temporarily unable to exercise the powers and perform the duties of his office, the Vice-Chancellor, with the approval of the Executive Council, may appoint a person temporarily for a period not exceeding six months to exercise the powers and perform the duties of the Finance Officer.
12 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III The Dakshin Dinajpur University Act, 2018.
Powers and duties of the Finance Officer.
The Law Officer.
The Controller of Examinations.
(Chapter 11.—University and its Officers.—Sections 16-20.)
16. (1) Subject to the supervision, direction and general control of the Vice- Chancellor, the Finance Officer shall be in charge of the administration of the funds, the finances and the properties and assets of the University and of all trusts and endowments; and he shall take special interest in activities that aim at raising funds for the purposes of the University and for augmenting the resources of the University.
(2) The Finance Officer shall exercise such other powers and perform such other duties as may be provided or delegated to him by or under the provisions of this Act, the Statutes, the Ordinances or the Regulations, as the case may be.
17. (1) There shall be a Law Officer in the University.
(2) The Law Officer shall assist the University in all legal issues and shall represent the University in all legal proceedings before the Court of Law.
(3) The Law Officer shall have such powers and functions as may be provided by the Statues.
18. (1) The Controller of Examinations shall be a whole-time officer of the University. He shall be appointed by the Executive Council on the recommendation of a committee consisting of the Vice-Chancellor as the Chairman, a nominee of the Chancellor, two nominees of the Executive Council and a nominee of the State Government for such period and on such terms and conditions as may be prescribed by or under this Act.
(2) The Controller of Examinations may resign his office by writing under his hand addressed to the Vice-Chancellor.
(3) If the Controller of Examinations is for any reason temporarily unable to exercise the powers and perform the duties of his office, the Vice-Chancellor, with the approval of the Executive Council, may appoint a person temporarily for a period not exceeding six months to exercise the powers and perform the duties of the Controller of Examinations.
Powers and duties of the Controller of Examinations.
Supervisory powers of the Registrar, the Finance Officer, the Law Officer and the Controller of Examinations.
19. (1) Subject to the supervision, direction and general control of the Vice- Chancellor, the Controller of Examinations shall be in charge of the conduct of examinations and tests of the University and declarations of their results.
(2) The Controller of Examinations shall exercise such other powers and perform such other duties as may be provided or delegated to him by or under the provisions of this Act, the Statutes, the Ordinances or the Regulations, as the case may be.
20. In their respective spheres of duties, the Registrar, the Finance Officer, the Law Officer and the Controller of Examinations shall, subject to the provisions of this Act, have the power of supervision and control over all officers and employees serving in departments under their charge and shall exercise such disciplinary power as may be conferred on them by or under this Act or by the Statutes or Ordinances or the Regulations, as the case may be.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 13 The Dakshin Dinajpur University Act, 2018.
(Chapter 111.—Authorities of the University..—Sections 21, 22.)
CHAPTER III Authorities of the University Authorities. 21. The following shall be the authorities of the University:—
(1) the Court;
(2) the Executive Council;
(3) the Faculty Council(s) for Post-graduate Studies;
(4) the Council(s) for Undergraduate Studies;
(5) the Board of Studies;
(6) the Finance Committee;
(7) such other authorities as may be declared by regulations to be the authorities of the University.
The Court. 22. (1) The Court shall be the supreme authority of the University.
(2) The Court shall consist of the following members:—
(a) Ex officio members—
(i) the Chancellor;
(ii) the Vice-Chancellor;
(iii) the Secretary, Higher Education, Science and Technology and Biotechnology Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(iv) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(v) the Chairman, West Bengal State Council of Higher Education or his nominee;
(vi) the Director of Public Instruction, West Bengal or his representative not below the rank of Additional Director of Public Instruction;
(vii) the Chairperson of the College Service Commission or a member of the Commission as his nominee;
(viii) a nominee of the Chairman, University Grants Commission;
(b) Representatives of Departments of the University and affiliating Colleges—
(ix) Heads of Departments of the University;
(x) five seniormost Professors of Departments of University to be selected by the Vice-Chancellor in alphabetical order of the Department, of whom not more than one Professor shall be from the same Department;
(xi) Principals of affiliated Colleges, not more than ten, to be nominated by the Vice-Chancellor;
(xii) five teachers from the Council of Undergraduate studies, of whom at least two shall be Associate Professor and others shall not be below the rank of Assistant Professor, to be elected by the members of the Council from amongst themselves in the manner as may be provided by the Statutes;
14 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III The Dakshin Dinajpur University Act, 2018.
Powers and duties of the Court.
(Chapter 111.—Authorities of the University..—Section 23.)
(xiii) one representative of officers of the University, to be elected from amongst themselves in the manner as may be provided by the Statutes;
(xiv) two representatives of non-teaching employees of whom—
(a) One from non-teaching employees of the University,
(b) One from non-teaching employees of the affiliated colleges of the University, to be elected from amongst themselves in the manner as may be provided by the Statutes;
(c) Nominated Members:—
(xv) not more than five persons to be nominated by the Chancellor in consultation with the Minister from amongst the persons interested in University education:
Provided that no employee of the University or of a College or institution affiliated with the University or recognized by it shall be eligible to be a member;
(d) Special Invitee:—
(xvi) any official or expert in any field or eminent educationist, whom the Vice-Chancellor may require for advice, consultation or assistance, may be invited to attend the meeting:
Provided that not more than one official or expert or eminent educationist may be invited in a meeting at a time.
(3) A member of the Court shall hold office for a period of four years, if not expressly provided otherwise in sub-section (1). Any vacancy among the members of the Court shall be filled up immediately by the concerned authority.
(4) No act or proceedings of the Court or any Body or authority constituted by the Court shall be invalid or called in question by reason of the existence of any vacancy, initial or subsequent, in the Court or in any body constituted by the Court, as the case may be.