(a) the powers and functions of the Boards of Studies;
(b) the functions and duties of Teachers' Councils in Universities and in colleges and institutions other than Government Colleges and institutions;
(c) the conditions for admission to the different courses of study and examinations of students;
(d) the rules for the conduct of University examinations;
(e) the courses of study and the division of subjects upon the recommendations of the Faculty Council for Post-Graduate Studies or the Council for Undergraduate Studies concerned;
(f) all other matters which under this Act or the Statutes or the Ordinances are required to be or may be prescribed by Regulations.
54. (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 majority 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(3), remain in force until repealed or amended by a new regulation similarly passed and brought into force.
55. Subject to the provisions of this Act, the Statutes, the 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.
32 THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 6, 2010 [PART III The Sidho-Kanho-Birsha University Act, 2010.
(Chapter VII.—Miscellaneous and Transitory Provisions.— Sections 56-58.)
CHAPTER VII Miscellaneous and Transitory Provisions.
Delegation.
Completion of courses for students in colleges affiliated to the former University.
Transitory Provisions and repeal.
56. (1) The Vice-Chancellor or, with the approval of the Vice-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;
(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 Studies or Councils for Undergraduate Studies; or
(v) the Finance Committee;
(c) the Faculty Council for Post-Graduate Studies or the Council for Undergraduate Studies 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 Regulations; or
(iv) any of the Board 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.
57. Notwithstanding anything contained in this Act, the Statutes, the Ordinances and the Regulations, any student of a college affiliated formerly to any other University, who was studying for any examination of such other University, shall upon admission of such college to the privileges of the University, be permitted to complete his course in preparation thereof and appear for examinations conducted by the former University or 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.
58. (1) The Chancellor shall, within three months from the date of publication of this Act in the Official Gazette, appoint a person to be the Vice-Chancellor under subsection (4) of section 59, and he shall be the first Vice-Chancellor of the University and shall hold office for a period as may be prescribed. The first Vice-Chancellor shall exercise all the powers and perform all the duties of the Vice-Chancellor under this Act.
PART M1 THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 6, 2010 33 The Sidho-Kanho-Birsha University Act, 2010.
(Chapter VII.—Miscellaneous and Transitory Provisions.— Section 58.)
(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 first Statutes, the first Ordinances and the first Regulations of the University to be framed.
(3) The first Vice-Chancellor shall within one year from the date of his appointment or within such longer period, not exceeding two years 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 Council for Post-Graduate Studies, the Councils for Undergraduate Studies and the Boards of Studies in accordance with the provisions of the first Statutes, the first Ordinances and the first Regulations of the University 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 purpose of this section for such period not exceeding three years 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 three years 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 sub-section.
(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 Studies, the Councils for Undergraduate Studies and the Boards of Studies shall commence to exercise their respective functions and the first Statutes, the first Ordinances and the first Regulations of the University as framed under sub-section
(2) shall come into force and shall be the first Statutes, the first Ordinances and the first Regulations of the University.
(6) The first 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.
(7) 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.
(8) On and from the appointed day—
(a) section 59 shall stand repealed and thereupon the Sidho-Kanho-Birsha University Council referred in sub-section (1) of the said section, and all bodies and all committees constituted by the said Council shall stand dissolved;
(b) all colleges and institutions of whatever kind established, maintained or managed by any other University and affiliated to or recognised by the University prior to the appointed day shall be deemed to be colleges or institutions established, maintained or managed by the University under this Act;
34 THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 6, 2010 [PART III The Sidho-Kanho-Birsha University Act, 2010.
(Chapter VII. Miscellaneous and Transitory Provisions.— Section 59.)
The Sidho-Kanho- Birsha University Council.
(c) all affairs, functions or activities of the 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;
(d) all things done or deemed to have been done, and all actions taken or deemed to have been taken and all appointments made in relation to any college or institution referred to in clause (b) under any law in force for the time being, 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 actions taken or such appointments made, provided that until the appointed day references to the Vice-Chancellor under any such law shall be deemed to be references to the first Vice-Chancellor under this Act.
(9) In construing the provision of section 17, section 20, section 22 and section 24 and in construing the provisions of the first Statutes, the first 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 Studies, the Councils for Undergraduate Studies and the Boards of Studies, references to the Heads of Departments of teaching of the University, the University Professors, University Readers, University Lecturers, and Teachers of the University shall be deemed to be references to the persons holding offices respectively as the Heads of teaching Departments, Professors, Readers, Lecturers and Teachers of the University, if any, immediately before the date of appointment of the first Vice-Chancellor.
(10) The provisions of this section shall have effect notwithstanding anything to the contrary contained elsewhere in this Act or in any other law.
59. (1) With effect from such date as the State Government may, by notification in the Official Gazette, appoint, and until the appointed day all the powers and functions of the University, the Court, the Executive Council, the Faculty Councils for Post- Graduate Studies, the Councils for Undergraduate Studies, the Boards of Studies, the Finance Committee and all other authorities to be constituted under this Act or the Statutes or the Ordinances shall, respectively, be exercised and performed by a Council to be known as the Sidho-Kanho-Birsha University Council.
(2) The following shall be the members of the Council:—
(i) the Chancellor;
(ii) the Vice-Chancellor;
(iii) the Principal Secretary, Department of Higher Education, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(iv) the Principal Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(v) Member-Secretary, West Bengal State Council of Higher Education;
(vi) the President, West Bengal Council of Higher Secondary Education;
(vii) not less than ten and not more than fifteen persons nominated by the Chancellor in consultation with the Minister from amongst the persons interested in University education, Principals and teachers of affiliated colleges and teachers of the University.
(3) The Registrar of the University shall act as the Secretary of the Council.
(4) The first Vice-Chancellor shall be appointed by the Chancellor in consultation with the Minister on the basis of recommendation made by a Search Committee comprising three eminent educationists constituted for this purpose by the State Government.
THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 6, 2010 35 PART III] The Sidho-Kanho-Birsha University Act, 2010.
(Chapter VII.—Miscellaneous and Transitory Provisions.— Section 59.)
(5) The first Registrar, the first Finance Officer and such other officers of the University (including technical personnel) as may be required to be appointed from time to time shall be appointed by the Council on the recommendation of a committee consisting of the Vice-Chancellor as Chairman, a nominee of the Council, a nominee of the Chancellor and a nominee of the State Government, and subject to the supervision, direction and general control of the Vice-Chancellor, they shall exercise all the powers and perform all the duties conferred and imposed on them by or under this Act, or delegated to them by the Vice-Chancellor.
(6) The Council may, subject to the approval of the State Government, appoint such administrative, clerical and other staff (including technical staff) as it deems necessary for giving effect to the provisions of this section.
(7) The Council may, with the approval of the Chancellor, delegate any of its powers and functions to such body or bodies as may be constituted by it to carry on the functions of the Court, the Executive Council, the Faculty Councils for Post-Graduate Studies, the Councils for Undergraduate Studies, the Boards of Studies, the Finance Committee and all other authorities to be constituted under this Act or the Statutes or the Ordinances:
Provided that such delegation shall not prevent the exercise of any such power or discharge of any such functions by the Council.
(8) (a) (i) The Chancellor, or in his absence the Vice-Chancellor, shall preside at the meetings of the Council;
(ii) Twenty-five percent of the members of the Council shall be a quorum for a meeting of the Council;
(b) Twenty-five percent of the members of any body constituted by the Council shall be a quorum for a meeting of such body.
(9) No act or proceeding of the Council or of any body constituted by it shall be invalid or called in question by reason of the existence of any vacancy, initial or subsequent, in the Council or in any body constituted by the Council, as the case may be.
(10) The other provisions of this Act shall, if in conflict with the provisions of this section, stand modified to the extent provided in this section:
Provided that nothing in this sub-section shall affect the power of the Chancellor or the Vice-Chancellor under this Act.
(11) If a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation or expiry of his office or otherwise, the same shall be filled up by the Chancellor in consultation with the Minister.
(12) Any vacancy in the Council occurring by reason of death, resignation or otherwise shall be filled up by the Chancellor in consultation with the Minister and the Vice-Chancellor, insofar as such filling up is-not inconsistent with the provisions of this section.
(13) If, by reason of the other provisions of this Act, any difficulty arises in giving effect to the provisions of this section, the Council shall refer such difficulty to the State Government which may make such order or do such thing, not inconsistent with the provisions of this section, as appears to it to be necessary or expedient for removing the difficulty.
36 THE KOLKATA GAZE 1"1'h, EXTRAORDINARY, JULY 6, 2010 [PART III The Sidho-Kanho-Birsha University Act, 2010.
(Chapter VII.—Miscellaneous and Transitory Provisions.— Section 60.)
Removal of Difficulties.
60. If 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 constitutions of any authority or the University under this Act, or otherwise in giving effect to the provision 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.
By order of the Governor, MITA BASU ROY, Pr. Secy. to the Govt. of West Bengal, Law Department.
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