(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 concerning the disqualification of a person under the provisions of sub-section (1), the Chancellor's decision shall be final.
40. (1) Save as otherwise provided in sub-section (3), a nominated member of any authority or body of the University shall hold office for a period as specified for that office from the date of his nomination, as the case may be:
Provided that in respect of the first nominations under this Act, the period shall commence from the date of the first meeting of the authority or body held after such nomination.
(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 nomination or selection of new members to such authority or body to fill vacancies arising by efflux of time.
(3) Any member 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 nominated.
The unexpired term will not be counted as a fresh term of office for the member so nominated.
41. (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 authority or body.
(2) When a person is nominated as a member of any authority or body of the University from any body or authority, he shall cease to be such a member when he ceases to belong to that body or authority.
42. Any casual vacancy among the nominated members of any authority or body of the University shall be filled, within such time as may be provided by the Statutes, by nomination by the person or authority that nominated the member whose seat has become vacant.
43. 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.
Explanation.—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 appointment not being for any reason feasible, there shall be deemed to be a vacancy in the office of such member until such appointment is made.
44. At a meeting of the Governing Board, the Executive Council, the Academic Council, the Faculty Councils for Post-graduate and Undergraduate Studies, or any other authority or body of the University, the person presiding over 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.
22 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 16, 2017 [PART III The St. Xavier's University, Kolkata Act, 2016.
(Chapter V.—Funds, Accounts, Audit, Inspection and Dissolution of the University—Sections 45-49.)
CHAPTER V Funds, Accounts, Audit, Inspection and Dissolution of the University The University Fund.
The Corpus Fund.
Endowment Fund.
Budget of the University.
Admission of students.
45. (1) The University shall have a fund to be known as the University Fund to which shall be credited all its income from fees, contributions, donations, grants, and endowments.
(2) The University may also create, by Ordinances, separate special funds for the administration of Students' Welfare, Endowments, Donations and Gifts, trust or specific grants or grants for other special purposes.
46. Corpus Fund of the University shall refer to a fund which shall be credited with the grants, donations, subscriptions received by the University other than from the State Government or from the Central Government, or from any other authority and the same shall be used for various purposes of the University with the approval of the Governing Board.
47. (1) The University shall establish an Endowment Fund in the name of the University through a fixed deposit of a minimum of rupees ten crore in a Nationalized Bank, which may be used by the University for its development:
Provided that the Sponsoring trust and the University shall make available the whole Endowment Fund to the Administrator during the process of winding up of the University failing which the same shall be realized from the properties of the University.
(2) The Endowment Fund shall be maintained until the dissolution of the University.
(3) A security deposit shall be pledged in the name of the Higher Education Department, Government of West Bengal through a fixed deposit of rupees one crore in a Nationalized Bank and to be kept as security deposit and the interest proceeds of which may be used for the development of the University.
(4) The State Government shall have the power to forfeit the security deposit in prescribed manner, in case the University contravenes any of the provisions of this Act.
48. (1) The budget of the University showing the receipt and payments of different accounts and expenditure on account of salaries and allowances of all the employees including their retirement benefits of the employees of the University shall be submitted to the Governing Board at least three months before the end of the financial year.
49. (1) Admission of students in the University shall be made on the basis of merit.
(2) Merit for admission in the University may be determined either on the basis of marks or grade obtained in the qualifying examination or on the basis of marks or grade obtained in a relevant entrance examination conducted by the University or by common entrance test conducted at the State or National level:
Provided that any achievements in co-curricular activities or extra-curricular activities may be given weightage at the discretion of the University:
Provided further that the admission criteria for specific courses, as prescribed by the concerned Regulatory Bodies, shall be adhered to.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 16, 2017 23 The St. Xavier's University, Kolkata Act, 2016.
(Chapter V—Funds, Accounts, Audit, Inspection and Dissolution of the University—Sections 50-53.)
(3) The seats in engineering, technology and management courses in the University or the colleges and other institutions integrated in the University shall be guided by the existing framework of the All India Entrance Examination or the West Bengal Joint Entrance Examinations Board through its state level common entrance test and counseling process until the University opts to work out its own entrance examination framework for admission into the courses.
(4) The tuition fees for engineering, management and other professional courses shall be determined and prescribed by the State Government from time to time.
(5) The University shall keep not less than five percent of total intake reserved for filling up with economically weaker persons in the manner as may be notified by the State Government from time to time.
Inspection.
Winding up of the University.
Provident Fund.
Annual Accounts and Audit.
50. (1) The State Government shall have the power to cause inspection of the University in such manner as may be prescribed.
(2) Every inspection shall be made after due notice to the University.
(3) Proceedings of every inspection along with suggestion or advice of State Government shall be sent to the Governing Board for its necessary action.
51. (1) The sponsoring trust may recommend to the State Government to dissolve the University by giving notice to the employees and students of the University at least one year in advance in such manner as may be prescribed:
Provided that the sponsoring trust shall not be permitted to serve notice for winding up within the period of ten years from the date of its commencement.
(2) The dissolution of the University shall take effect only after the last batch of the students of the regular courses have completed their courses and have been awarded degrees, diplomas or awards, as the case may be.
(3) On service of notice under sub section (1), the State Government shall appoint an Administrator by replacing the Governing Board for the purpose of running the University till it is completely dissolved.
(4) The properties of the University including its funds on date of such notice referred under sub-section (1) shall be used for meeting the liabilities of the University by the Administrator until the University is dissolved.
(5) The balance properties of the University including its funds after meeting all its liabilities shall be re-vested to the sponsoring trust after the University is fully dissolved.
52. (1) The University shall institute a Provident Fund for the benefit of its employees and such provident fund shall be governed by the provisions of the Provident Fund Act, 1925.
(2) The rules regulating the Provident Fund shall be such as may be provided in the Ordinances.
53. (1) The University shall prepare and maintain proper accounts and other relevant records, and prepare an annual statement of accounts including the income and expenditure account and balance sheet, in such form and in such manner as may be provided by the regulations.
(2) The University shall adopt a proper system of internal checks and balances and controls in the discharge of its finance, accounting and auditing functions as may be provided by the regulations.
19 of 1925.
24 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 16, 2017 [PART III The St. Xavier's University, Kolkata Act, 2016.
Statutes.
Procedures to make Statutes.
(Chapter VI.—Statues, Ordinances and Regulation.—Sections 54, 55.)
(3) The Accounts of the University shall be audited not less than once in a year by a qualified auditor appointed by the Governing Board, who shall be a Chartered Accountant as defined in the Chartered Accountants Act, 1949.
(4) The Accounts of the University certified by the person or firm so appointed under sub section (3) or any other person authorised in this behalf together with the audit report thereon shall be placed before the Governing Board and the Governing Board may issue such instructions to the University in respect thereof as it deems necessary and the University shall comply with such instructions.
CHAPTER VI Statutes, Ordinances and Regulations