(i) the Council for undergraduate studies in Arts, Science, Commerce and Law;
(ii) the Council for undergraduate studies in Engineering and Technology;
(iii) the Council for undergraduate studies in Medicine.
(2) (a) The Council for undergraduate studies in Arts, Science, Commerce and Law shall consist of the following members:—
(i) the Vice-Chancellor—Chairman;
(ii) the Deans of the Faculty Councils for post-graduate studies in Arts, Commerce and Science;
(iii) the Principal, Darjeeling Government College;
(iv) six Teachers of affiliated colleges other than medical and engineering colleges, of whom one shall be from a teachers' training college, elected by such Teachers;
(v) two Teachers who are members of the Faculty Council for post-graduate studies participating in post-graduate teaching in the subject or subjects concerned elected by the members of the concerned Faculty Council for post-graduate studies from amongst themselves;
(vi) four Principals, of whom three shall be from undergraduate colleges of Arts, Science, Commerce and Law and one shall be from a teachers' training college, elected jointly by the Principals of such colleges;
268 The North Bengal University Act, 1981.
XXV of 1981.]
(Chapter 111.—Authorities of the University.—Section 24.)
(vii) two persons having special knowledge in the subject or subjects concerned nominated by the Vice-Chancellor.
(b) The Council shall have a Secretary to be appointed by the Executive Council.
(3) (a) The Council for undergraduate studies in Engineering and Technology shall consist of the following members:—
(i) the Vice-Chancellor—Chairman;
(ii) the Principal, Jalpaiguri Government Engineering College;
(iii) the Heads of the Departments of Teaching, Jalpaiguri Government Engineering College;
(iv) three Teachers not belonging to the same Department elected jointly by the Teahers of colleges imparting instruction in Engineering or Technology affiliated to the University;
(v) one person nominated by the Director of Technical Education, West Bengal;
(vi) two persons having knowledge in the subject concerned nominated by the Vice-Chancellor.
(b) The Council shall have a Secretary to be appointed by the Executive Council.
(4) (a) The Council for undergraduate studies in Medicine shall consist of the following members:—
(i) the Vice-Chancellor—Chairman;
(ii) the Principal, North Bengal Medical College;
(iii) the Heads of the Departments of Teaching, North Bengal Medical College;
(iv) five Teachers of North Bengal Medical College and colleges affiliated to the University, if any, imparting instruction in Medicine, elected by such Teachers from amongst themselves;
(v) one person nominated by the Director of Health Services, West Bengal;
(vi) two persons having knowledge in the subject concerned nominated by the Vice-Chancellor.
(b) The Council shall have a Secretary to be appointed by the Executive Council.
(5) All elections to the Councils for undergraduate studies shall be held in the manner prescribed by Statutes.
(6) One-third of the total number of members of a Council for undergraduate studies plus one shall be a quorum for a meeting of the Council.
269 The North Bengal University Act, 1981.
[West Ben. Act (Chapter M.—Authorities of the University.—Section 25.)
Powers and 25. (1) Subject to the provisions of this Act, and the Statutes, the functions of the Councils Ordinances and the Regulations, a Council for undergraduate studies for under- shall exercise the following powers and perform the following functions:— graduate studies.
(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 colleges;
(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;
(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, Scrutineers, Co-ordinators, 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 prescribed;
(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 a written report from a team of Inspectors appointed by the University, the 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 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 take over of the management of an affiliated or a recognized 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 college or institutions recognized by the Council or affiliated to the University and to exercise general supervision and control over them;
270 The North Bengal University Act, 1981.
XXV of 1981.]
(Chapter 111.—Authorities of the University.—Section 25.)
(x to make due provision for health, welfare, residence, and discipline of students and their relationship with Colleges and 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, marksheet, late admission, change of examination centre, scrutiny of answerscript, 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 prescribed 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 Univesity 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 acordance with the rules framed fdr the purpose;
271 The North Bengal University Act, 1981.
[West Ben. Act Dean.
The Boards of Studies.
(Chapter 111.—Authorities of the University.—Sections 26, 27.)
(xxii) to maintain contact with the corresponding Council for post-graduate studies for the purpose of sharing ideas and ensuring co-ordination;
(xxiii) to frame rules relating to the courses of undergraduate studies and the division of subjects in regard thereto and to recommend to the Executive Council the making of Regulations in this behalf.
(2) Notwithstanding anything contained in sub-section (1), the Council for undergraduate studies in Medicine shall have the following additional powers:—
(i) to have general responsibility for academic affairs of North Bengal Medical College and colleges affiliated to the University, if any, imparting instruction in Medicine, relating to entrance requirements, curricula, instructions, examinations, discipline, student activities, athletics, college libraries and similar other matters;
(ii) to frame rules and make regulations relating to courses of undergraduate studies in Medicine and the division of subjects in regard thereto subject to the approval of the Executive Council;
(iii) to advise affiliated college or colleges regarding provisions to be made for an the administration and supervision of the academic affairs mentioned in sub-clause (i), to provide for inspection of the college or colleges and to call for from such college or colleges reports or other information in connection therewith.
26. (1) There shall be a Dean for each Faculty Council for postgraduate 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 seniormost Dean shall act as Vice-Chairman of a Council for undergraduate studies.
(4) The Dean shall hold office for such term as may be prescribed by Statutes.
27. There shall be Boards of Studies attached to every Faculty Council for post-graduate studies or Council for 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.
272 The North Bengal University Act, 1981.
XXV of 1981.]
(Chapter 111.—Authorities of the University.—Sections 28-30.)
28. There shall be a Finance Committee with the Vice-Chancellor The Finance as the Chairman. The constitution, powers and functions of the Finance Committee.
Committee shall be prescribed by Statutes and its procedure in financial matters, including the delegation of its powers, shall be prescribed by Ordinances.
29. (1) A University Professor 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, not holding any office of profit under the University and having special knowledge of the subject which the Professor will teach, nominated by the Chancellor;
(iv) two persons, not holding any office of profit under the University and having special knowledge of the subject which the Professor will teach, nominated by the Executive Council.
(2) 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) the Head of the Department concerned, if any;
(iv) a person, not holding any office of profit under the University and having special knowledge of the subject which the Reader or the Lecturer will teach, nominated by the Chancellor;
(v) two persons, not holding any office of profit under the University and having special knowledge of the subject which the Reader or the Lecturer will teach, nominated by the Executive Council.
30. (1) Three members, of whom at least two shall be persons having special knowledge in the subject concerned, 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.
Selection Committee for teaching posts.
Procedure for holding meetings of Selection Committee.
273 The North Bengal University Act, 1981.
[West Ben. Act Letter of appointment of Teachers, officers and employees.
Termination of service of temporary Teacher.
officer or employee.
Standine committee for selection of officers and nonteachirm, staff.
Tribunal.
(Chapter II1.—Authorities of the University.—Sections 31-34.)
31. (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.
32. 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.
33. The Executive Council may constitute standing committee or standing committees for selection of person for appointment to the post of officers and to the other non-teaching posts and may, subject to the provisions of this Act, prescribe by Ordinances the procedure and the method of such selection.
34. (I) 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 Tacher, 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, who shall be nominated by the Chancellor in consultation with the Minister;
274 The North Bengal University Act, 1981.
XXV of 1981.]
(Chapter 1V.—General provisions governing all authorities or other bodies of the University.—Section 35.)
(ii) one person to be nominated by the Executive Council;
(iii) one person to be nominated by the Teacher, officer or employee concerned.
(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 :0 of 1940.
meaning of the Arbitration Act, 1940, and all the provisions of that Act with the exception of section 2 thereof shall apply accordingly.
CHAPTER IV General provisions governing all authorities or other bodies of the University
35. (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:
Disqualifications.
275 The North Bengal University Act, 1981.
[West Ben. Act Term of Vice of members.
Cessation of membership in certain cases.
Filling of vacancies.
(Chapter IV—General provisions governing all authorities or other bodies of the University.—Sections 36-38.)
Provided that this sub-section shall not apply in the case of an election of members of the Court to the Executive Council, the Faculty Councils for post-graduate studies, and the Councils for undergraduate studies.
36. (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.
37. (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.
38. (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.
276 The North Bengal University Act, 1981.
XXV of 1981.]
(Chapter IV.—General provisions governing all authorities or other bodies of the University.—Sections 39, 40.)
(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.
(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.
39. 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.
Proceedings of the University or the authorities or bodies of the University not invalidated by vacancies.
40. (1) There shall be an Election Tribunal to which shall be referred Election any question as to whether any person is eligible under this Act for Tribunal.
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.
277 The North Bengal University Act, 1981.
[West Ben. Act Casting vote by the Chairman.
The University Fund.
Budget of the University.
Provident Fund.
(Chapter IV.—General provisions governing all authorities or other bodies of the University.—Section 41.—Chapter V—Funds of the University, Accounts, Audit and Inspection.—Sections 42-44.)
(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.
41. At a meeting of the Court, the Executive Council, the Faculty Councils for post-graduate studies, the Councils for 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 and exercise a casting vote in the case of an equality of votes.
CHAPTER V Funds of the University, Accounts, Audit and Inspection
42. 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 grant or grants for other special purposes.
43. (1) The budget of the University showing the receipt and 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.
44. Any provident fund instituted by the University for the benefit of its employees shall be governed by the provisions 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.
19 of 1925.
278 The North Bengal University Act, 1981.
XXV of 1981.1 (Chapter V.—Funds of the University, Accounts, Audit and Inspection.—Sections 45, 46.)
45. (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. The Court shall consider the audited annual accounts at a meeting and may take such action thereon as it thinks fit.
(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.
(4) The State Government may require the University to supply to it any information in regard to the accounts and the budget and the University shall comply with such requisition.
46. (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 equipment,
(b) of any college or institution maintained by or affiliated to the University, and
(c) into all affairs of the University and of such college or institution including examination and other work conducted or done by the University or such college or instituion, and
(2) to cause an enquiry to be made into the income, expenditure, properties, assets and liabilities of the University and of any college or 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 such college or institution, both to the University and the college or the institution, as the case may be, of its intention to cause such inspection or enquiry.
(2) The State Government shall communicate to the Court and the Executive Council or to such college or institution, as the case may be, its views on the results of such inspection or enquiry and may, after Annual Accounts and Audit.
Inspection.
279 The North Bengal University Act, 1981.
[West Ben. Act Statutes.
(Chapter VI.—Statutes, Ordinances, Regulations and Rules.— Section 47.)
considering the opinion of the Court and the Executive Council or of such college or institution thereon, advise, the University or such college or institution regarding the action which the State Government considers fit to be taken by the University or by such college or institution in the matters concerned and the University or such college or 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 college or 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 college or 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 college or 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.
CHAPTER VI Statutes, Ordinances, Regulations and Rules