(1) to encourage and provide for instruction, teaching, training and research in such branches of learning and courses of study as it may think fit, and generally to promote the advancement and dissemination of knowledge and learning, and the extension of higher education with special emphasis on the study of indigenous languages as well as culture and rural development;
(2) to establish, maintain and manage colleges, libraries, laboratories, museums and such other institutions or centres for study and research as it may deem necessary;
(3) to provide for specialization of studies in colleges and for organization by colleges of common laboratories, libraries, museums and other institutions or centres for study and research work;
(4) to affiliate to itself colleges or institutions or centres and to withdraw such affiliation;
(5) to recognize affiliated colleges as professional colleges or autonomous colleges or Government Colleges or private colleges and to withdraw recognition of any such college;
(6) to prescribe for affiliated colleges, other than Government Colleges—
(a) the constitution, powers and functions of their Governing Bodies ;
(b) and for the Colleges other than the Government Colleges and the Private Colleges, with the approval of the State Government — w the terms and conditions of service and emoluments for posts of Principals, Teachers and such other employees as it may deem fit;
(ii) the rules for Provident Fund; and the duties and responsibilities of the Principal, teachers and any other employee as deem fit and disciplinary actions for negligence or violations thereof;
(7) to prescribe for affiliated colleges the constitution, powers and functions for Teachers' Councils;
(8) to provide for the inspection or investigation into the affairs of colleges or institutions recognized by it or affiliated to it and to exercise general supervision and control over them;
(9) to disaffiliate a college or an institution in any subject or subjects, or to withdraw affiliation or recognition of colleges or institutions, if necessary;
(10) to take over for a period of twelve months the management of any college or institution, affiliated to, or recognized by the University, other than a Government College or institution, or a private college in order to ensure that proper standards of teaching, training or instruction are maintained therein :
6 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 16, 2012 [PART DI The Kazi Nazrul University Act, 2012.
(Chapter II. — The University and its Officers.— Section 4.)
Provided that the University may, if it considers it necessary so to do, extend such period, however, that the aggregate period shall not extend eighteen months;
(II) to dissolve the Governing Body of any affiliated college, professional college, autonomous college, institution, other than a private college or a Government College and pending reconstitution of the Governing Body thereof in such manner as may be prescribed to appoint an Administrator or an ad-hoc Governing Body:
Provided that the reconstitution of the Governing Body shall be made within a period of twelve months from the date of dissolution:
Provided further that the University may, if it considers it necessary so to do, extend such period, however, that the aggregate period shall not exceed eighteen months;
(12) to institute degrees, titles, diplomas, certificates and other academic distinctions;
(13) to hold examinations and to confer degrees, titles, diplomas, certificates and other academic distinctions on persons who shall have pursued an approved course of study in an affiliated college, professional college or University College or a University Laboratory unless exempted therefrom in the manner prescribed and shall have passed the prescribed examinations of the University, or shall have carried on research under conditions prescribed;
(14) to withdraw or to cancel degrees, titles, diplomas, certificates or other academic distinctions under such conditions as may be prescribed by Statutes and after giving the person affected a reasonable opportunity to present his case;
(15) to confer honorary degrees or other academic distinctions under conditions prescribed;
(16) to institute Professorships including Distinguished Chair Professorships, Associate Professorships, Assistant Professorships and other teaching posts required by the University with the approval of the State Government and to appoint persons to such Professorships, Associate Professorships, Assistant Professorships or other teaching posts, or to recognize persons as Professors, Associate Professors or Assistant Professors of the University, or as holders of other teaching posts of the University for the purpose of imparting instruction and for conducting research in the University;
(17) to create posts, as and when required, of officers and employees of the University besides those provided for in this Act with the concurrence and approval by the State Government;
(18) to prescribe, subject to the provisions of this Act, the constitution, powers and duties of the Boards of Studies, the Finance Committee, and other bodies as may be prescribed;
(19) to prescribe the powers and duties of officers of the University;
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 16, 2012 7 The Kazi Nazrul University Act, 2012.
(Chapter II. — The University and its Officers.— Section 4.)
(20) to prescribe, subject to the provisions of this Act, the terms and conditions of service, including the rules of conduct and discipline and the emoluments for all categories of posts of the University;
(21) to make provisions for provident and other funds for the employees of the University;
(22) to prescribe fees or other charges for examinations and other purposes, and to demand and receive the fees or other charges so prescribed;
(23) to establish, maintain and manage halls and hostels and to withdraw such recognition;
(24) to provide for the promotion of the health and welfare of students and of discipline among them;
(25) to co-ordinate the activities of, and give financial aid to affiliated or recognized colleges and institutions;
(26) to extend grant to the National Service Scheme and National Cadet Corps from the University Fund;
(27) to enter into an agreement with the Government or with any person;
body or authority for taking over by the University of the management of any college or institution, including its assets and liabilities, or for any other purpose not repugnant to the provisions of this Act;
(28) to acquire, hold and dispose of property, movable and immovable and to make grants and advances for furthering any of its objects;
(29) to accept and administer gifts, endowments and benefactions, for the furtherance of any of its objects for the University or for or on behalf of any college or institution established by, affiliated to, or recognized by, the University, and to institute awards, fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes;
(30) to accept grants and to raise loans or to accept loans from the Central or any State Government or the University Grants Commission, and with the approval of the State Government also from the other sources;
(31) to co-operate with other Universities, institutions and educational authorities in matters that relate to and further the educational objectives of the University;
(32) generally to do all such acts and things as may be necessary or desirable for, or incidental to, the advancement of the objects or purposes of the University;
(33) to impart instruction through distance education with the approval of the Distance Education Council;
(34) to introduce interdisciplinary or multidisciplinary integrated courses in selected subjects;
(35) to initiate collaborative teaching and research programme with other universities and to provide modalities for Credit Transfer and Award of Joint Degrees if deemed necessary.
8 THE KOLKATA GAM 1E, EXTRAORDINARY, AUGUST 16, 2012 [Pam. III The Kazi Nazrul University Act, 2012.
(Chapter II. — The University and its Officers.— Sections 5-7.)
Jurisdiction of the University.
5. (1) Save as hereinafter otherwise provided, the local limits of jurisdiction of the University (hereinafter referred to as the territorial limits of the University) shall not extend beyond the limits of any district referred to in clause
(7) of section 2.
(2) Notwithstanding anything contained in sub-section (1) of section 5, any college or institution situated beyond the limits of district defined in clause
(7) of section 2 if the State Government in consultation with the West Bengal State Council of Higher Education accords approval, may apply to the University for affiliation and the University may, subject to such conditions and restrictions as it may, with the approval of the State Government, think fit to impose, admit the same to all the privileges of the University.
(3) Notwithstanding anything contained in any other law for the time being in force with effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf (hereinafter in this section referred to as the said date) —
(a) such colleges existing on the said date within the limits of the districts referred to in clause (7) of section 2 as may be specified in the notification, shall —
(i) be deemed to be affiliated to the University and continue to be so affiliated until the University otherwise directs; and 00 cease to be affiliated to the University of Burdwan or any other University to which they may have been affiliated before the said date subject to the conditions that nothing in this Act shall affect the powers exercised by the West Bengal University of Technology and the West Bengal University of Medical Sciences;
(b) any Teacher, Principal or member of Governing Body of any such college or institution holding, by virtue of his being such Teacher, Principal or member of Governing Body, any office in or under the University of Burdwan or any of the authority of the said University, shall cease to hold such office and the vacancy so caused shall be West Ben. Act XXIII deemed to be a casual vacancy for the purpose of Burdwan University of 1981.
Act, 1981 or any other University;
(c) no college or institution situated within the local limits of the jurisdiction of the University, but not admitted to its privileges, shall be associated with or be admitted to the privileges of any other University except with the prior approval of the State Government.
Delegation of Powers.
(4) To enable higher education to reach the unreached, the territorial limit shall not be insisted upon in the matter of Distance Education Mode of Learning.
6. The University may delegate such of its powers as it may deem expedient to any of its authorities referred to in section 16 or to any of its officers, and may, at any time, withdraw at its discretion any power so delegated.
Officers of the 7. The following shall be the officers of the University:— University.
(1) the Vice-Chancellor;
(2) the Registrar;
(3) the Finance Officer; and
PART III] THE KOLKATA GAZE1 1E, EXTRAORDINARY, AUGUST 16, 2012 9 The Kazi Nazrul University Act, 2012.
(Chapter IL — The University and its Officers.— Sections 8,9)
(4) persons holding such other posts as may be declared by Statutes to be posts of officers of the University.
The Chancellor.
The Vice-Chancellor.
8. (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.
9. (1) (a) The Vice-Chancellor shall be appointed from the persons of the highest level of competence, integrity, morals and institutional commitment. The Vice-Chancellor shall be a distinguished academic with a minimum of ten years of experience in a University system of which 5 years shall be as professor or ten years of experience in a reputed research or academic administrative organization of which at least 5 years shall be in an equivalent position of professor.
(b) The Vice-Chancellor shall 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 consist of the following Members:—
(i) a nominee of the Chancellor, who shall be the Chairperson of the Committee;
(ii) a nominee of the Chairman, University Grants Commission;
(iii) a nominee of the Court:
Provided that all such Members shall be persons of eminence in the sphere of higher education and shall not be connected in any manner with the University or colleges or institutions affiliated with the University or recognized by it.
(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 10 THE KOLKATA GAZEI lb, EXTRAORDINARY, AUGUST 16, 2012 [PART III The Kazi Nazrul University Act, 2012 (Chapter II. — The University and its Officers.— Section 9.)
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.
(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 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 wilfully omitted or refused to carry out the provisions of this Act or 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 of duty; or
PART MI THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 16, 2012 11 The Kazi Nazrul University Act, 2012.
(Chapter IL — The University and its Officeirs.— Section 10.)
(f) has shown incompetence to perform, or has persistently made default in the performance of, duties imposed on him by or under this Act; or
(g) 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.
Explanation —For the purpose of this sub-clause, whether any party is a political party of any association is a political association or any act of the Vice- Chancellor is a partisan, decision of the Chancellor thereon shall be final:
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 (11).
Powers and duties of 10. (1) The Vice-Chancellor shall be the principal executive and academic the Vice-Chancellor. officer of University and shall, in the absence of the Chancellor, preside at the meeting of the Court. He shall, by virtue of his office, be a member and the Chairman of the Executive Council and the Faculty Councils for Post-Graduate 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.
(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 prescribed 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 approval 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.
2 of 1974.
12 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 16, 2012 [Riau IR The Kazi Nazrul University Act, 2012.
(Chapter H. — The University and its Officers.— Sections 11-15) The Registrar.
Powers and duties of the Registrar.
11. (1) The Rigistrar 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.
12. Subject to the supervision, direction and general control of the Vice- Chancellor, the Registrar shall act as the Secretary of the Court as also of the Executive Council and shall exercise such powers and perform such duties as may be prescribed, or delegated to him by or under this Act.
The Finance Officer. 13. (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 theVice-Chancellor as the 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 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.
Powers and duties of the Finance Officer.
Supervisory powers of the Registrar and Finance Officer.
14. (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 prescribed or delegated to him by or under the provisions of this Act, the Statutes, the Ordinances or the Regulations, as the case may be.
15. In their respective spheres of duties the Registrar and the Finance Officer 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 Ha THE KOLKATA GAZEI lb, EXTRAORDINARY, AUGUST 16, 2012 13 The Kazi Nazrul University Act, 2012.
(Chapter III. — Authorities of the University.— Sections 16, 17)
CHAPTER DI Authorities.
The Court.
Authorities of the University