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Section 33: Subject to the provisions of this Act, and the Statutes, the Ordinances and the Regulations, a Council for Undergraduate Studies shall exercise the following powers and perform the following duties

The Jhargram University Act, 2017State Act of West Bengal · Act 48 of 2017

(i) to recommend to the Executive Council the affiliation of a college or an institution in one or more subjects;

(ii) to ensure annual inspection of college;

(iii) to exercise general supervision over the colleges to ensure that the conditions of affiliation are properly fulfilled, the standard of teaching is uniformly maintained and syllabi, as prescribed are properly completed within the academic year, academic calendar prepared and followed, duties and responsibilities as provided for the Principal, teachers and other employees are properly carried out;

(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, Scrutinizers, Co-coordinators, Conveners, Tabulators and other persons under the general supervision of the Executive Council;

(vi) to hold and conduct examinations and to approve and declare the results of the examinations within such period as may be determined;

(vii) to recommend to the Executive Council 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, ar Dointed by the University, the Council is of opinion that proper standar( of teaching is not properly

PART THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 27 The Jhargram University Act, 2017.

(Chapter III—Authorities of the University.—Section 33.)

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 establish, maintain and manage halls and hostels of undergraduate colleges;

(ix) to recommend to the Executive Council the temporary takeover 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;

(x) to provide for the inspection or investigation into the affairs of undergraduate colleges or institutions recognised by the Council or affiliated to the University and to exercise general supervision and control over them;

(xi) 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;

(xii) to recommend to the Executive Council 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;

(xiii) to collect fees for examination, condonation of short percentage for appearing at an examination as non-collegiate student, mark-sheet, late admission, change of examination centre, scrutiny of answer script, and change of name or surname, and any other charge for registration and migration of students and grant of diplomas, certificates or any other documents at such rate as may be determined by the Executive Council;

(xiv) to exercise supervision to ensure that all properties and funds of the Council are properly controlled and administered;

(xv) to supply promptly such information, returns, reports and other materials as may be required by the University;

(xvi) 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;

(xvii) to approve the Annual report of the activities of the Council during the previous academic year and submit the same to the Executive Council on or before such date as may be fixed by the Executive Council;

(xviii) 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;

(xix) to follow the guidelines and the rules framed by the University from time to time;

(xx) to have general responsibility for academic affairs in relation to undergraduate studies with which the Council is concerned;

(xxi) to have general supervision over the Board of Studies attached to the Council in accordance with the rules framed for the purpose;

(xxii) to maintain contact with the corresponding Council for Post-graduate Studies for the purpose of sharing ideas and ensuring co-ordination;

(xxiii) to make rules and regulations relating to courses of undergraduate studies, subject to the approval of the Executive Council.

28 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 [PART III The Jhargram University Act, 2017.

(Chapter 111.—Authorities of the University.—Sections 34-39.)

The Board of Studies.

The Finance Committee.

Selection Committee for the Teachers and other academic staff of the University.

Procedure for holding the meetings of selection Committee.

Appointment on the recommendation of the Selection Committee.

Letter of appointment to the teachers, officers and employees.

34. There shall be Boards of Studies attached to every Faculty Council for Post-graduate Studies and Council for Undergraduate Studies. The constitution of the Boards of Studies shall be provided by Statutes and the powers and functions of the Boards shall be provided by Regulations. _

35. There shall be a Finance Committee with the Vice-Chancellor as the Chairman.

The constitution, powers and functions of the Finance Committee shall be provided by Statutes and its procedure in financial matters, including the delegation of its powers, shall be provided by Ordinances.

36. (1) The Teachers and other academic staff of the University shall be appointed by the Vice-Chancellor, on the recommendation of the Selection Committee, and the constitution of the Selection Committee as well as the procedure for holding its meetings shall be in consonance with the recruitment rules framed by the State Government from time to time.

(2) The nominee of the Vice-Chancellor shall be the head of the Selection Committee, which shall send its recommendations in writing to the Vice-Chancellor along with reasoned record of assessment of the persons appeared before it for selection.

37. (1) At least five members, including two outside subject experts, shall constitute the quorum for a meeting of the Selection Committee.

(2) If the Vice-Chancellor 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 Vice-Chancellor 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 thereon be final.

38. (1) Notwithstanding anything contained in section 36, and until the constitution of a Selection Committee referred to therein, University teachers, other academic staff and Officers shall be appointed by the Jhargram University Council, referred to in sub-section (1) of section 66 on the recommendation of a Selection Committee, constituted by the said Council in such manner as it thinks fit, which shall.include as its member at least one person, not holding any office of profit under the University and having special knowledge in the subject for which the teacher, other academic staff and the officer, as the case may be, is related with, to be nominated by the Chancellor.

(2) If the Jhargram University Council does not accept the recommendation of the Selection Committee, the provision of sub-section (2) of section 37 shall apply mutatis mutandis.

39. (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 and duties and responsibilities as may be provided by Ordinances.

(2) A teacher or other academic staff 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 together with one month notice or one month's salary in lieu of notice:

PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 29 The Jhargram University Act, 2017.

(Chapter III.—Authorities of the University.—Sections 40-42.)

Provided that such probationer shall be given with an opportunity of being heard before discharging and the discharging letter should contain the detailed record of assessment of the probationers work.

(4) On satisfactory completion of the period of probation, a teacher or other academic staff 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:

Provided further that if, prior to the completion of the period of probation, a teacher or an officer or an employee, as the case maybe, desires to extend the period of probation, the Executive Council may extend it further by any period depending on the circumstances of the case.

Termination of services of temporary teachers, officers and employees.

Standing Committee for selection of officers and nonteaching employees.

Tribunal.

40. 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.

41. The Executive Council may, subject to the provisions of this Act, provide by Ordinances the constitution of a standing committee or standing committees for selection of persons for appointment to the posts of non- teaching posts of the University and the procedure and the method of such selection.

42. (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 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, to be nominated by the Chancellor in consultation with the Minister;

(ii) one person to be nominated by the Executive Council; and

(iii) one person to be nominated by the Teacher, Officer or employee concerned.

(2) An 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) 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 and Conciliation Act, 1996 and all the provisions of that Act with the exception of section 2 thereof shall apply accordingly.

26 of 1996.

30 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 [PART III The Jhargram University Act, 2017.

(Chapter IV—General Provisions Governing All Authorities or Other Bodies of the University.—Sections 43-45.)

Disqualification ons.

Part-time teachers or part-time nonteaching staff not to be entitled to be enrolled as voters or to be nominated.

Term of office of members.

CHAPTER IV General Provisions Governing All Authorities or Other Bodies of the University

43. (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

(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 Court, the Executive Council, the Faculty Councils for Post-graduate studies, and the Councils for Undergraduate Studies.

44. Notwithstanding anything contained elsewhere in this Act, no person shall,—

(a) if he is a teacher, not holding any whole-time substantive teaching post, or appointed for a specified period, or

(b) if he is a member of the non-teaching staff, not appointed on a regular scale of pay, or not holding any whole-time substantive non-teaching post, 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 or of any college or institution affiliated to the University or to be nominated to any such authority or body.

Explanation.—"regular scale of pay" shall mean pay which, subject to any condition prescribed by the University, rises by periodical increment from a minimum to a maximum.

45. (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.

PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 9, 2018 31 The Jhargram University Act, 2017.

(Chapter IV.—General Provisions Governing All Authorities or Other Bodies of the University.—Sections 46-50.)

Cessation of membership in certain cases.

Filling of vacancies.

Proceeding of the University or the authorities or bodies of the University not validated by vacancies.

Election Tribunal.

Casting the vote by the Chairman.

46. (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.

47. (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 provided, 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 provided, 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 authorit

Where this provision sits

ActThe Jhargram University Act, 2017
Section33
Marginal noteSubject to the provisions of this Act, and the Statutes, the Ordinances and the Regulations, a Council for Undergraduate Studies shall exercise the following powers and perform the following duties
JurisdictionState of West Bengal
StatusIn force as published by the source

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