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Section 40: (1) No person shall be qualified for appointment or nomination as a member of any authority or body of the University or shall continue as such member if he

The Swami Vivekananda University Act, 2019State Act of West Bengal · Act 15 of 2019

(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 dispute, the decision of the Chancellor whether a person is disqualified under the provisions of sub-section (1) shall be final.

41. (1) The State Government shall have the power to cause inspection of the University in such manner as may be prescribed and in particular, its buildings, libraries, halls, museums and other infrastructures including the administrative as well as financial functions of the University.

(2) Every inspection shall be made after due notice to the University.

(3) Proceedings of every inspection along with suggestion or advice of the State Government shall be sent to the Governing Board for its necessary action.

(4) 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 for 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.

42. The State Government shall have power to remove any difficulty that arises in applying any provisions of this Act.

43. The University shall submit a detailed annual report showing its academic performance and other relevant particulars of the University before the State Government within three months of the commencement of every academic year.

Powers to remove difficulty.

Report of the University.

PART HI] THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 14, 2019 21 The Swami Vivekananda University Act, 2019.

(Sections 44, 45.)

Accreditation of the University.

Winding up of the University.

44. (1) The University shall obtain accreditation from the National Assessment and Accreditation Council or such other body or authority as may be determined by the Central or the State Government or the appropriate Regulatory Body from time to time, within three years of its establishment and communicate the same to the State Government and relevant Regulatory Bodies in writing along with such accreditation certificate.

(2) The University shall ensure renewal of such accreditation from time to time.

45. (1) The Governing Board in consultation with the Sponsoring trust and the Visitor may recommend to the State Government to dissolve the University by giving notice to this effect in such manner as may be prescribed by the State Government in this behalf, to the employees and students of the University at least one year in advance:

Provided that the University shall not be permitted to serve notice for winding up within a period of ten years from the date of coming into effect of this Act.

(2) The State Government on receiving the notice referred to under sub-section (1) shall appoint an Administrator by replacing the Governing Board and the Chancellor and the Administrator thereafter shall act as the supreme authority during the process of winding up.

(3) The properties of the University as well as the Endowment Fund of the University shall be used by the Administrator during the process of winding up in such manner as may be prescribed.

(4) The dissolution of the University shall have 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 and also after total clearance of bank liabilities, loan etc.

SCHEDULE (See sub-section (1) of section 3) The Regent Education and Research Foundation, an educational and charitable trust registered under the Indian Trust Act, 1882, vide Deed No. I-04992, dated 21.10.2008 and registered before the Registrar of Assurance, Kolkata.

II of 1882.

By order of the Governor, SANDIP KUMAR RAY CHAUDHURI, Secy. to the Govt. of West Bengal, Law Department.

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

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Where this provision sits

ActThe Swami Vivekananda University Act, 2019
Section40
Marginal note(1) No person shall be qualified for appointment or nomination as a member of any authority or body of the University or shall continue as such member if he
JurisdictionState of West Bengal
StatusIn force as published by the source

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