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Section 54: Subject to the provisions of this Act, Statutes may be made by the Governing Board to provide for all or any of the following matters

The St. Xavier's University, Kolkata Act, 2016State Act of West Bengal · Act 12 of 2016

(a) the declaration of posts of various officers of the University;

(b) the establishment of various authorities of the University;

(c) the powers, duties, and terms and conditions of service of the teachers, officers and employees of the University in so far as these have not been specifically provided in the Act;

(d) the constitution, powers, functions and duties of the authorities of the University in so far as these have not been specifically provided for in this Act;

(e) the procedure of holding of convocations to confer degrees, titles, diplomas, certificates and other academic distinctions, including honorary degrees and distinctions;

(f) the conditions for the registration of all the degree and diploma recipients of the University and for the maintenance of a register for this purpose;

(g) the minimum qualifications for appointment of teachers and officers of the University;

(h) all other matters which under this Act are required to be or may be provided by Statutes.

55. (1) The Executive Council may of its own motion, and shall, when required by the Governing Board, make a draft of any Statute and submit the same to the Governing Board.

(2) The draft so submitted shall be considered by the Governing Board at a meeting or meetings to be held within a period of six weeks from the date of such submission, and the draft unless rejected or amended by the Governing Board before the expiry of the said period by a majority of the total number of its members existing, be deemed to have been passed by the Governing Board.

(3) If the Governing Board rejects or amends the draft of any Statute, it shall be sent back to the Executive Council with the views of the Governing Board for reconsideration.

(4) Thereupon, the Executive Council shall reconsider the draft and resubmit it to the Governing Board with such changes as it may deem necessary.

(5) On such resubmission of the draft, it shall again be considered by the Governing Board at a meeting to be held within a period of six weeks from the date of such submission and the draft so resubmitted shall, before the expiry of the latter period by a majority of the total number of its members existing, be deemed to have been passed by the Governing Board without any amendment, or be passed by the Governing 38 of 1949.

PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 16, 2017 25 The St. Xavier's University, Kolkata Act, 2016.

Delegation.

(Chapter VI.—Statues, Ordinances and Regulation.—Sections 56, 57.— Chapter vi 1. —Miscellaneous and Transitory Provisions.—Section 58.)

Board with such amendments as it may deem fit to make therein within the latter period and by the same majority as aforesaid.

(6) A Statute passed in the manner provided in sub-section (2), shall be presented to the Visitor for assent and shall come into force on being assented to by the Visitor.

(7) A Statute shall remain in force until repealed or amended by a new Statute similarly passed and assented to by the Visitor.

56. Subject to the provisions of this Act, the Governing Board, with the approval of the Chancellor may make Ordinances and Regulations.

57. (1) The State Government may, as the occasion so arises, make rules for carrying out the purposes of this Act.

(2) Every rules made under this Act shall as soon as they are made be laid down in the Assembly while it is in session.

CHAPTER VII Miscellaneous and Transitory Provisions

58. (1) The Vice-Chancellor, with the approval of the Chancellor may, subject to the provisions of this Act, delegate such of his powers or duties conferred or imposed by or under this Act or the Statutes, or the Ordinances, or the Regulations, to an officer or a teacher of the University under his direct administrative control.

(2) Subject to the provisions of this Act:—

(a) the Governing Board may delegate any of its powers or duties, conferred or imposed by or under this Act, to—

(i) the Vice-Chancellor, or

(ii) the Executive Council, or

(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 conferred or imposed by or under this Act, to—

(i) the Vice-Chancellor, or

(ii) a committee constituted from among its own members, or

(iii) a committee constituted in accordance with the Statutes or the Ordinances, or

(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 and Undergraduate Studies may delegate any of its powers or duties, conferred or imposed by or under this Act, to—

(i) Pro-Vice-Chancellor, or

(ii) a committee constituted from among its own members, or

(iii) a committee constituted in accordance with the Regulations, or

(iv) any of the Boards 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.

Ordinances and Regulations.

Rules.

26 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 16, 2017 [PART III The St. Xavier's University, Kolkata Act, 2016.

(Chapter VII.—Miscellaneous and Transitory Provisions.—Sections 59, 60.)

Removal of Difficulties.

Powers to give directions.

59. 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 constitution of any authority of the University under this Act, or otherwise in giving effect to the provisions of this Act, the State Government, as occasion as may require, 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 for the time being in force.

60. The State Government shall have power to give directions to the University from time to time considering the interest of the student as well as in the public interest.

Explanation.—The decision of the State Government shall be final whether a particular issue is related to public interest or the interest of the students.

By order of the Governor, MADHUMATI MITRA, Secy. to the Govt. of West Bengal, Law Department.

Published by Law Department, Government of West Bengal and Printed at Saraswaty Press Ltd. (Government of West Bengal Enterprise), Kolkata 700 056.

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Where this provision sits

ActThe St. Xavier's University, Kolkata Act, 2016
Section54
Marginal noteSubject to the provisions of this Act, Statutes may be made by the Governing Board to provide for all or any of the following matters
JurisdictionState of West Bengal
StatusIn force as published by the source

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