(i) to make proposals to the Executive Council for establishment of the University Departments, Institutions, centres, libraries, laboratories and museums for study and research to be maintained by the University;
(ii) to recommend to the Executive Council the affiliation of an Institution in one or more subjects;
(iii) to make proposals to the Executive Council for the promotion of research and through special committees, if any, constituted for the purpose, to call for reports on such research work from persons engaged therein, and to make recommendations to the Executive Council thereof;
(iv) to recommend to the Executive Council the creation and institution of Professorships, Readerships, Lectureships and other teaching posts and the duties and emoluments thereof;
(v) to recommend to the Executive Council the minimum qualifications for posts of Teachers of the University;
(vi) to make proposals to the Executive Council regarding provisions to be made for enabling the University to undertake specialisation of studies and for organisation of common laboratories, libraries, museums, institutes of research and other Institutions, maintained by the University;
(vii) to make proposal to the Executive Council for constituting or reconstituting departments of teaching in the University;
(viii) to make provisions for lectures and instructions for students of affiliated colleges, University Departments, University Laboratories and also other persons who are not such students;
Powers and functions of the Faculty Council for postgraduate and undergraduate studies.
223 The Jadavpur University Act, 1981.
[West Ben. Act (Chapter 111.—Authorities of the University.—Section 22.)
(ix) to advise the Executive Council on the institution of degrees, titles, diplomas, certificates and other academic distinctions;
(x) to fix the date of commencement of, and to hold and conduct (subject to general supervision by the Executive Council), University examinations at the post-graduate and undergraduate stages and publish the results thereof in accordance with the regulations made in this behalf;
(xi) to provide for the inspection or the investigation into the affairs of University Departments and submit report to the Executive Council;
(xii) to provide for the inspection or the investigation into the affairs of affiliated Institutions and submit report to the Executive Council and to exercise general supervision and control over them;
(xiii) to recommend to the Executive Council the disaffiliation or withdrawal of affiliation of any Institution in respect of any subject or subjects, if on receipt of written report from a team of inspectors appointed by the University the Faculty 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 Institution for any examination are unsatisfactory or the Institution fails to comply with the directives of the Faculty Council;
(xi v) to recommend to the Executive Council the dissolution of the Governing Body of an affiliated Institution, other than a Government College, and pending reconstitution of the Governing Body, the appointment of an Administrator or an ad hoc Governing Body.
Explanation [I].—"Government College" shall mean a college maintained and managed by the State Government;
(xv) to call for such reports or information as the Faculty Council may consider necessary for efficient discharge of its duties from the teaching departments, research units or Boards of Studies;
(xvi) to consider any educational matter relating to the Faculty Council and to arrive at decisions or make recommendations pertaining thereto to the appropriate authority or officer;
224 The Jadavpur University Act, 1981.
XXIV of 1981.]
(Chapter ]II. Authorities of the University.-Section 23.)
(xvii) to frame rules relating to the courses of post-graduate and undergraduate studies and the division of subjects in regard thereto and to recommend to the Executive Council the making of regulation in this behalf;
(xviii) to maintain contact with other Faculty Councils for the purpose of sharing ideas and ensuring co-ordination;
(xix) to submit each year its annual report to the Executive Council;
(xx) to make rules for the transaction of its own business;
(xxi) to exercise all other powers and perform all other functions conferred and imposed on it by or under this Act;
(xxii) to delegate to the teaching departments, research units, and Boards of Studies attached to it the responsibility for such academic matters as respectively concern such departments, units and Boards;
(xxiii) to recommend to the Executive Council the conferment of post-graduate and undergraduate degrees, diplomas and certificates;
(xxiv) to have general supervision over the Boards of Studies attached to the Faculty Council;
(xxv) to appoint, if required by the Executive Council, after considering the views of the Boards of Studies attached to the Faculty Council, Boards of Examiners in the subject or subjects relating to post-graduate studies, including the subjects for doctoral thesis and for prizes and medals.
(2) A Faculty Council for post-graduate and undergraduate studies shall not exercise the powers and perform the functions referred to in clauses (iv), (v), (vii), (viii), (ix) and (xvii) of sub-section (1) without consulting the Boards of Studies.
23. (I) There shall be a Dean for each Faculty Council for post- Dean graduate and undergraduate studies who shall be a Professor of the University.
(2) The Dean shall be elected by the members of the Faculty Council and shall act as Vice-Chairman of the Faculty Council.
(3) The Dean shall hold office for such term as may be prescribed by Statutes.
225 The Jadavpur University Act, 1981.
[West Ben. Act (Chapter 111—Authorities of the University.—Sections 24-27.)
The Boards of Studies.
The Finance Committee.
Selection Committee for teaching posts.
Procedure for holding meetings of Selection Committee.
24. There shall be Boards of Studies attached to every Faculty Council for post-graduate and 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.
25. 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 Statutes and its procedure in financial matters, including the delegation of its powers, shall be prescribed by Ordinances.
26. A University Professor or 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) a person, expert in the subject, not holding any office of profit under the University, nominated by the Chancellor;
(iv) two persons, expert in the subject, not holding any office of profit under the University, nominated by the Executive Council;
(v) two experts in the subject concerned to be nominated by the Vice-Chancellor in consultation with the Dean of the Faculty Council and the Head of the Department concerned. The experts shall be chosen from a standing panel of experts, prepared by the Board of Studies and approved by the Faculty Council for post-graduate and undergraduate studies and the Executive Council;
(vi) the Head of the Department concerned.
27. (1) Four members, of whom two shall be experts, 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.
226 The Jadavpur University Act, 1981.
XXIV of 1981.]
(Chapter III. Authorities of the University.—Sections 28-31.)
28. (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 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.
Letter of appointment of Teachers, officers and employees.
29. The services of a temporary Teacher or officer or employee shall Termination not be terminated before the expiration of the period for which he is Tofeacher temporary appointed except after serving one month's notice or paying him one officer or month's salary in lieu thereof.
employee.
30. The Executive Council may constitute standing committee or Standing standing committees for selection of persons for appointment to the posts committee for selection of officers and to the other non-teaching posts and may, subject to the of officers nd on- provisions of this Act, prescribe by Ordinances the Procedure and the teachg method of such selection. employees.
31. (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 refen-ed to a Tribunal consisting of the following members, n amely:—
(i) a Chairman, who shall be nominated by the Chancellor in consultation with the Minister;
Tribunal.
227 The Jadavpur University Act, 1981.
[West Ben. Act (Chapter IV.—General provisions governing all authorities or other bodies of the University.—Section 32.)
(ii) one person to be nominated by the Teacher, officer or employee concerned, and
(iii) one person to be nominated by the Executive Council.
(2) Any appeal from an employee of the University in a disciplinary matter shall be referred to the Tribunal and shall be decided and disposed of by the Tribunal.
(3) 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.
(4) 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.
(5) 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 with the exception of section 2 thereof shall apply accordingly.
10 of 1940.
Disqualifications.
CHAP 1hR IV General provisions governing all authorities or other bodies of the University.
32. ( 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:
228 The Jadavpur University Act, 1981.
XXIV of 1981.]
(Chapter IV.—General provisions governing all authorities or other bodies of the University.—Sections 33-35.)
Provided that this sub-section shall not apply in the case of an election of members of the Court to the Executive Council, and the Faculty Councils for post-graduate and undergraduate studies.
33. (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, and 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.
Term of office of members.
34. (1) When a person is qualified to be a member of any authority Ceasation of or body of the University by virtue of his membership or any other membership in certain authority or body, he shall cease to be a member of the authority or body cases.
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.
35. (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.
Filling of vacancies.
229 The Jadavpur University Act, 1981.
[West Ben. Act Proceedings of the University or the authorities or bodies of the University not invalidated by vacancies.
Election Tribunal.
Casting vote by the Chairman.
(Chapter IV.—General provisions governing all authorities or other bodies of the University.—Sections 36-38.)
(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, 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.
36. 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.
37. (1) There shall be an Election Tribunal to which shall be referred any question as to where 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 the 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.
38. At a meeting of the Court, the Executive Council, the Faculty Councils for post-graduate and 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 a casting vote in the case of an equality of votes.
230 The Jadavpur University Act, 1981.
XXIV of 1981.]
(Chapter V.—Funds of the University, Accounts, Audit and Inspection.—Sections 39-42.)
CHAP I hR V Funds of the University, Accounts, Audit and Inspection.
39. 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 grants for other special purposes.
The University Fund.
40. (1) The budget of the University showing the receipt and Budget.
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 commencement of the 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 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.
Provident Fund.
41. Any provident fund instituted by the University for the benefit of its Teachers, officers or employees shall be governed by the provisions 19 of 1925.
of the Provident Funds Act, 1925, 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.
42. (1) 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.
(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.
Annual Accounts and Audit.
231 The Jadavpur University Act, 1981.
[West Ben. Act (Chapter V.—Funds of the University, Accounts, Audit and Inspection.—Section 43.)
Inspection. 43. (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 equipments,
(b) of any Institution maintained by or affiliated to the University, and
(c) into all affairs of the University and of such Institution including examination and other work conducted or done by the University or such Institution, and
(2) to cause an enquiry to be made into the income, expenditure, properties, assets and liabilities of the University and of any 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 or enquiry relates to an Institution, both to the University and the Institution, of its intention to cause such inspection or enquiry.
(2) The State Government shall communicate to the Court or to the Institution as well as to the University, as the case may be, its views on the results of such inspection or enquiry and may, after considering the opinion of the Court or of such Institution thereon, advise the University or such Institution regarding the action which the State Government considers fit to be taken by the University or by such Institution in the matter concerned and the University or such 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 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 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 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.
232 The Jadavpur University Act, 1981.
XXIV of 1981.]
(Chapter VI.—Statutes, Ordinances, Regulations and Rules.—Section 44.)
CHAPTER VI Statutes, Ordinances, Regulations and Rules.
44. Subject to the provisions of this Act, Statutes may be made to Statutes.
provide for all or any of the following matters:—
(a) the constitution, duties and powers of the subordinate authorities which may be constituted by the University;
(b) the subordinate authorities of which Vice-Chancellor shall be ex-officio member and Chairman;
(c) the filling of vacancies of members of the subordinate authorities and all other matters relating to those authorities;
(d) the appointment, powers and duties oflhe officers of the University other than the Vice-Chancellor in'so far as these have not been specifically provided for in this Act;
(e) the terms and conditions of appointment of the Registrar and the Finance Officer;
(f) the constitution of a pension, insurance or provident fund for the benefit of Teachers, and employees of the University;
(g) the conferment of honorary degrees;
(h) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(i) the establishment of authorities of the University referred to in clause-(6) of section 15 and Institutions, libraries and museums and abolition of such authorities, Institutions, libraries and museums;
(j) the maintenance of registers of Government Colleges, constituent colleges and affiliated colleges;
(k) 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;
233 The Jadavpur University Act, 1981.
[West Ben. Act (Chapter VI.—Statutes, Ordinances, Regulations and Rules.—Section 45.)
(1) the rules and procedure for holding elections to the Court, the Executive Council and other authorities or bodies of the University;
(m) the conditions under which Institutions may be recognised or affiliated by the University, and the withdrawal of such recognition or affiliation;
(n) the Institution of fellowships, scholarships, studentships, exhibitions, medals and prizes;
(o) the constitution, powers and functions of the Governing Bodies of colleges, other than Government Colleges;
(p) the terms and conditions of service of—
(i) Librarians, and
(ii) non-teaching staff, of colleges, other than Government Colleges;
(q) the calling of meetings of the Court and the giving of notice thereof to the members of the Court and the procedure at such meetings;
(r) contracts by the University and the execution thereof;
(s) qualifications of Teachers and Teachers of the University;
(t) 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;
(u) the manner of exemption from study referred to in subclause (a) of clause (12) of section 4; and
(v) all other matters which under this Act are required to be or may be prescribed by Statutes.
How to make Statutes.
45. (1) The Executive Council may of its own motion and shall, when required by the Court, make a draft of any Statute 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 Statute, 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 234 The Jadavpur University Act, 1981.
XXIV of 1981.]
(Chapter VI.—Statutes, Ordinances, Regulations and Rules.—Section 46.)
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.
(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.
46. 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 their enrolment as such;
(b) the course 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, the manner of appointment, and the duties of examining bodies, examiners and moderators;
(t) the maintenance of discipline among the students of the University and colleges;
(g) the conditions of residence of students at the University and 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 of special courses of study;
(i) the emoluments, and the terms and conditions of service of Teachers of the University;
235 The Jadavpur University Act, 1981.
[West Ben. Act (Chapter VI.—Statutes, Ordinances, Regulations and Rules.—Sections 47, 48.)
(j) the management of Institutions founded or maintained by the University;
(k) the supervision and inspection of Institutions;
(I) all other matters which under this Act or the Statutes are required to be or may be prescribed by Ordinances.
Row to make Ordinances.
47. ( I ) The Executive Council shall take into 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 shall 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.
Regulat sns. 48. 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 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 a committee appointed by it and not provided for by this Act, the Statutes or the Ordinances.
236 The Jadavpur University Act, 1981.
XXIV of 19811 (Chapter V1.—Statutes, Ordinances, Regulations and Rules.— Sections 49, 50.—Chapter. V1L—Miscellaneous and Transitory Provisions.—Section 51.)
49. (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 majorty 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.
50. Subject to the provisions of this Act and the Statutes, the Rules.
Ordinances 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.
51. (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, How to make Regulations.
237 The Jadavpur University Act, 1981.
[West Ben. Act (Chapter VII.—Miscellaneous and Transitory Provisions.—Sections 52, 53.)
(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 and Undergraduate Studies, or
(v) the Finance Committee;
(c) the Faculty Council for Post-graduate and undergraduate Studies may delegate any of its powers or duties, conferred or imposed by or under this Act, to—
(i) the Vice-Chancellor,
(it) 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) a committee constituted from among its own members.
Passing of properties and rights.
etc.
Completion of courses of studies in colleges affiliated to the ironer University.
52. 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 Jadavpur University as constituted prior to the appointed day (hereinafter referred to as the former University) as well as all liabilities legally subsisting against the former Unversity shall pass to the University as constituted under this Act.
53. 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 curricula of study in force in the former University for such period as may be prescribed.
238 The Jadavpur University Act, 1981.
XXIV of 1981.]
(Chapter VII.—Miscellaneous and Transitory Provisions.—Section 54.)
54. ( I ) The Vice-Chancellor holding office at the date of publication of this Act in the Official Gazette shall be the first Vice-Chancellor-of the University and he shall be deemed to have been appointed under this Act and he shall hold office for a period of four years from the date of publication of this Act in the Official Gazette or till he attains the age of 65 years, whichever is earlier.
(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 Statutes, the Ordinances and the Regulations of the University to be framed.
(3) The first Vice-Chancellor shall within six months from the date of his appointment or within such longer period, not exceeding one year from the date of his appointment, as the State Government may, by notification in the Official Gazette, direct, cause arrangements to be made for constituting the Court, the Executive Council, the Faculty Councils for Post-graduate and Undergraduate Studies and the Boards of Studies in accordance with the provisions of the Statutes, the Ordinances and the Regulations as framed under sub-section (2), as if they had already come into force.
(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 purposes of this section for such period not exceeding one year 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 one year 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 subsection.
Transitory provisions and repeal.
239 The Jadavpur University Act, 1981.
[West Ben. Act (Chapter VII.—Miscellaneous and Transitory Provisions.—Section 54.)
(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 and Undergraduate Studies and the Boards of Studies shall commence to exercise their respective functions and the Statutes, the Ordinances and the Regulations as framed under sub-section (2) shall come into force and be the first Statutes, the first Ordinances and the first Regulations of the University.
(6) (a) The Jadavpur University (Temporary Supersession) Act, 1980 (hereinafter referred to in this sub-section as the said Act), shall stand repealed with effect from the date of publication of this Act in the Official Gazette.
(b) Notwithstanding such repeal,— (i ) until the appointed day, the Jadavpur University Council, referred to in clause (b) of section 4 of the said Act shall continue to exercise all the powers and perform all the duties in the manner and on the terms and conditions provided in the said Act, and
(ii) anything done or any action taken under the said Act shall be deemed to have been validly done or taken under this Act.
(7) The fist 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.
(8) 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.
(9) On and from the appointed day, the Jadavpur University Act, 1955, shall stand repealed and thereupon—
(a) the rules made by the former University for carrying out the provisions of the Jadavpur University Act, 1955 shall, subject to the provisions of sub-section (5), stand repealed and all authorities or bodies of the former University shall cease to function;
(b) all Institutions affiliated to or recognised by the former University and continuing as such immediately before the appointed day shall be deemed to be affiliated to, or recognised by, the University;
(c) all Institutions of whatever kind established, maintained or managed by the former University prior to the appointed day shall be deemed to be Institutions established, maintained or managed by the University under this Act;
West Ben.
Act V of
1980.
West Ben.
Act XXXIII of 1955.
240 The Jadavpur University Act, 1981.
XXIV of 1981.]
(Chapter V1L—Miscellaneous and Transitory Provisions.—Section 55.)
(d) all affairs, functions or activities of the former 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;
(e) all things done or deemed to have been done, and all actions taken or deemed to have been taken and all appointments made by the former University under the Jadavpur University Act, 1955 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 such actions were taken or such appointments were made:
Provided that until such repeal references to the Vice-Chancellor under the said Act, shall be deemed to be references to the first Vice- Chancellor under this Act.
(10) In construing the provisions of section 16, section 19, section 21 and section 24 and construing the provisions of the Statutes, the 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 and Undergraduate Studies and the Boards of Studies, references to the heads of departments of teaching of the University, and Teachers of the University shall be deemed to be references to the persons holding offices respectively as the heads of departments of teaching and Teachers of the Jadavpur University, immediately before the date of appointment of the first Vice-Chancellor.
(11) The provisions of this section shall have effect notwithstanding anything to the contrary contained elsewhere in this Act or in any other law.
55. In 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 constitution of any authority of the University under this Act, or otherwise in giving effect to the provisions 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.
Removal of difficulties.
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