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The West Bengal University Laws ( Amendment ) Act, 2012

State Notification of West Bengal · 200491,988 characters of text

The enactment

TypeNotification
Year2004
JurisdictionState of West Bengal
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectseducation

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Registered No. WB/SC-247 No. VVB(Part-III)/2012/SAR-41 Ohs Walken (6tgette Extraordinary Published by Authority AGRAHAYANA 8] THURSDAY, NOVEMBER 29, 2012 [SAKA 1934

PART 111—Acts of the West Bengal Legislature GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 1756-L.-29th November, 2012.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XXX of 2012 THE WEST BENGAL UNIVERSITY LAWS (AMENDMENT) ACT, 2012.

[Passed by the West Bengal Legislature.]

[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary of the 29th November, 2012.]

An Act amend the Calcutta University Act, 1979, the North Bengal University Act, 1981, the Burdwan University Act, 1981, the Vidyasagar University Act, 1981, the Kalyani University Act, 1981, the West Bengal State University (Barasat, North 24-Patganas) Act, 2007, the Cour Banga University Act, 2007, the Sidho-Kanho-Birsha University Act, 2010, the Jadavpur University Act, 1981, the Rabindra Bharati Act, 1981, the Netaji Subhas Open University Act, 1997, the Bengal Engineering and Science University, Shibpur Act, 2004, the West Bengal University of Technology Act, 2000, the Coochbehar Panchanan Barma University Act, 2012 and the Kazi Nazrul University Act, 2012.

WHEREAS it is expedient to amend the Calcutta University Act, 1979, the North Bengal University Act, 1981, the Burdwan University Act, 1981, the Vidyasagar University Act, 1981, the Kalyani University Act, 1981, the West Bengal State University (Barasat, North 24-Parganas) Act, 2007, the Gour Banga University Act, 2007, the Sidho-Kanho-Birsha University Act, 2010, the Jadavpur University Act, 1981, the West Ben. Act XXXVII of 1979.

West Ben. Act XXV of 1981.

West Ben. Act XXIII of 1981.

West Ben. Act XVIII of 1981.

West Ben. Act XL of 1981.

West Ben. Act XXVIII of 2007.

2 THE KOLKATA GAZE! lb, EXTRAORDINARY, NOVEMBER 29, 2012 [PART III The West Bengal University Laws (Amendment) Act, 2012.

Short title and commencement.

Amendment of West Ben. Act XXXVIII (Sections 1, 2.)

Rabindra Bharati Act, 1981, the Netaji Subhas Open University Act, 1997, the Bengal Engineering and Science University, Shibpur Act, 2004, the West Bengal University of Technology Act, 2000, the Coochbehar Panchanan Barma University Act, 2012, and the Kazi Nazrul University Act, 2012, for the purposes and in the manner hereinafter appearing;

It is hereby enacted in the Sixty-third Year of the Republic of India, by the Legislature of West Bengal, as follows:-

1. (1) This Act may be called the West Bengal University Laws (Amendment) Act, 2012.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. In the Calcutta University Act, 1979,—

(1) in section 2,—

(a) for clause (23), the following clause shall be substituted:— '(23) 'Teacher of college" means a Professor or an Associate Professor or an Assistant Professor or a Reader holding a whole-time substantive teaching post and appointed in a permanent vacancy in a college or recognized as such by the State Government;';

(b) for clause (24), the following clause shall be substituted:— '(24) "Teacher of University" means a Professor or an Associate Professor or an Assistant Professor or any other person, holding a whole-time substantive teaching post and appointed in a permanent vacancy in a University or recognized as such by the University with prior approval of the State Government';

(2) in section 8, in sub-section (1),—

(a) for clause (a), the following clause shall be substituted:— "(a) The Vice-Chancellor shall be a distinguished academic with proven competence and integrity, and having a minimum of ten years of experience in a University system of which at least five years shall be as professor or ten years of experience in a reputed research or academic administrative organization of which at least five years shall be in an equivalent position of professor.' ;

(b) for sub-clause (ii) of clause (c), the following sub-clause shall be substituted:— "(ii) a nominee of the State Government;";

(3) in section 23, in sub-section (2), to clause (ix), the following proviso shall be added:— "Provided that the student representative or the research scholar referred to under this clause shall not be permitted to take part in any meeting of the faculty council in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

West Ben. Act XXVI of 2007.

West Ben. Act XE of 2010.

West Ben. Act XXIV of 1981.

West Ben. Act XXXVI of 1981.

West Ben. Act XIX of 1997.

West Ben. Act XIII of 2004.

West Ben. Act XV of 2000.

West Ben. Act XXI of 2012.

West Ben. Act XIX of 2012.

PART ][1.1] THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 3 The West Bengal University Laws (Amendment) Act, 2012.

(Section 2.)

(4) in section 25, after the proviso to sub-clause (vii) of clause (a) of subsection (2), the following proviso shall be added:— "Provided further that the student representatives referred to under this sub-clause shall not be permitted to take part in any meeting of the Council for Undergraduate studies in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(5) for section 27, the following section shall be substitued:— "Dean. 27. (1) There shall be a Dean for each and every Faculty Council for Post-Graduate Studies in the University who shall be appointed by the Vice-Chancellor of the University on recommendation of the Selection Committee duly constituted for this purpose.

(2) The Selection Committee shall be constituted by the State Government for each and every occasion of selection of Dean of the University:

Provided that every such committee shall appoint Deans for all Faculty Councils for Post-Graduate Studies in the University.

(3) The Selection Committee shall consist of the following members:—

(a) nominee of the Chancellor, who shall be the Vice-Chancellor of a State aided University other than the concerned University and who shall be the head of the Committee;

(b) nominee of the State Government, who shall be an eminent academician and who is not related with the concerned University in any manner;

(c) nominee of the Vice-Chancellor, who shall not be below the rank of a Professor of any other University.

(4) The Selection Committee shall consider the names of eligible professors of that University for the post of Dean and give proper weightage of academic excellence and adequate experience in academic and administrative governance while preparing the panel of two Professors in order of their preference for each and every Faculty Council of Post- Graduate Studies:

Provided that no person shall be eligible for the post of Dean more than one term in his service tenure in the same University:

Provided further that no person holding the post of Dean in the University, on the date of commencement of this Act, shall be eligible for further selection of Dean in the same University.

(5) The Registrar of the University shall provide secretarial assistance to the Selection Committee for preparing the panel and the Committee shall have power to call for any record of the University relating to any Professor for the purpose of such selection.

(6) The Selection Committee shall finalize the panel within fifteen days from the date of its constitution and immediately thereafter the committee shall send its recommendations in writing to the State Government, along with reasoned record of assessment of the persons so considered.

(7) The State Government shall thereafter forward the panel to the Vice-Chancellor of the University for appointment of Dean within seven days.

4 THE KOLKATA GAZE! 1E, EXTRAORDINARY, NOVEMBER 29, 2012 [PART III Amendment of West Ben. Act XXV of 1981.

The West Bengal University Laws (Amendment) Act, 2012.

(Section 3.)

(8) Every Dean appointed as per provisions of this Act shall hold the office for three years or until he retires or vacates his office for any other reasons:

Provided that a Professor shall only be eligible for empanelment for the post of Dean who has at least three years of service left in his account before the age of superannuation.

(9) The Vice-Chancellor shall, in the event of any temporary vacancy of the office of Dean, select a seniormost Professor of that University according to the date of their joining in the same University for a period not more than six months:

Provided that such selection of Dean on temporary vacancy shall be communicated forthwith to the State Government for the purpose of reconstitution of Selection Committee.

(10) Every Dean shall be the Vice-Chairman of the respective Faculty Council for Post-Graduate Studies and shall have such powers and functions as may be provided for by Regulations.

(11) The Dean of every Faculty Councils for Post-Graduate Studies may be removed from his office for such reasons and in such manner as may be provided for by Regulations.".

3. In the North Bengal University Act, 1981,—

(1) in section 2,—

(a) for clause (21), the following clause shall be substituted:— '(21) "Teacher of college" means a Professor or an Associate Professor or an Assistant Professor or a Reader holding a whole-time substantive teaching post and appointed in a permanent vacancy in a college or recognized as such by the State Government; ' ;

(b) for clause (22), the following clause shall be substituted:—

(22) "Teacher of University" means a Professor or an Associate Professor or an Assistant Professor or any other person, holding a whole-time substantive teaching post and appointed in a permanent vacancy in a University or recognized as such by the University with prior approval of the State Government;';

(2) in section 9, in sub-section (1),—

(a) for clause (a), the following clause shall be substituted:— "(a) The Vice-Chancellor shall be a distinguished academic with proven competence and integrity and having a minimum of ten years of experience in a University system of which at least five years shall be as professor or ten years of experience in a reputed research or academic administrative organization of which at least five years shall be in an equivalent position of professor.";

(b) for sub-clause (ii) of clause (c), the following sub-clause shall be substituted:— "(ii) a nominee of the State Government;";

(3) in section 22, in sub-section (2), to clause (vii), the following proviso shall be added:— 1 "Provided that the student representative or the research scholar referred to under this clause shall not be permitted to take part in any meeting of the faculty council in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters ofsimilar nature are to be discussed;";

PART In] THE KOLKATA GAZE! lh, EXTRAORDINARY, NOVEMBER 29, 2012 5 The West Bengal University Laws (Amendment) Act, 2012.

(Section 3.)

(4) in section 24, after the proviso to sub-clause (viii) of clause (a) of subsection (2), the following proviso shall be added:— "Provided further that the student representatives referred to under this clause shall not be permitted to take part in any meeting of the Council for Undergraduate studies in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(5) for section 26 the following section shall be substituted:— "Dean. 26. (1) There shall be a Dean for each and every Faculty Council for Post-Graduate Studies in the University who shall be appointed by the Vice-Chancellor of the University on recommendation of the Selection Committee duly constituted for this purpose. •

(2) The Selection Committee shall be constituted by the State Government for each and every occasion of selection of Dean of the University:

Provided that every such Committee shall appoint Deans for all Faculty Councils for Post-Graduate Studies in the University.

(3) The Selection Committee shall consist of the following members:—

(a) nominee of the Chancellor, who shall be the Vice-Chancellor of a State aided University other than the concerned University and who shall be the head of the Committee;

(b) nominee of the State Government, who shall be an eminent academician and who is not related with the concerned University in any manner;

(c) nominee of the Vice-Chancellor, who shall not be below the rank of a Professor of any other University.

(4) The Selection Committee shall consider the names of eligible professors of that University for the post of Dean and give proper weightage of academic excellence and adequate experience in academic and administrative governance while preparing the panel of two Professors in order of their preference for each and every Faculty Council of Post- Graduate Studies:

Provided that no person shall be eligible for the post of Dean for more than one term in his service tenure in the same University:

Provided further that no person holding the post of Dean in the University, on the date of commencement of this Act, shall be eligible for further selection of Dean in the same University.

(5) The Registrar of the University shall provide secretarial assistance to the Selection Committee for preparing the panel and the Committee shall have power to call for any record of the University relating to any Professor for the purpose of such selection.

(6) The Selection Committee shall finalize the panel within fifteen days from the date of its constitution and immediately thereafter the committee shall send its recommendations in writing to the State Government, along with reasoned record of assessment of the persons so considered.

(7) The State Government shall thereafter forward the panel to the Vice-Chancellor of the University for appointment of Dean within seven days.

6 THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 [PART III The West Bengal University Laws (Amendment) Act, 2012.

(Section 4.)

(8) Every Dean appointed as per provisions of this Act shall hold the office for three years or until he retires or vacates his office for any other reasons:

Provided that a Professor shall only be eligible for empanelment for the post of Dean who has at least three years of service in his account before the age of superannuation.

(9) The Vice-Chancellor shall, in the event of any temporary vacancy of the office of Dean, select a seniormost Professor of that University according to the date of their joining in the same University for a period not more than six months:

Provided that such selection of Dean on temporary vacancy shall be communicated forthwith to the State Government for the purpose of reconstitution of Selection Committee.

(10) Every Dean shall be the Vice-Chairman of the respective Faculty Council for Post-Graduate Studies and shall have such powers and functions as may be provided for by Regulations.

(11) The Dean of every Faculty Councils for Post-Graduate Studies may be removed from his office for such reasons and in such manner as may be provided for by Regulations.".

Amendment of West Ben. Act XXIII of 1981.

4. In the Burdwan University Act, 1981,—

(1) in section 2,—

(a) for clause (21), the following clause shall be substituted:— T21) "Teacher of college" means a Professor or an Associate Professor or an Assistant Professor or a Reader holding a whole-time substantive teaching post and appointed in a permanent vacancy in a college or recognized as such by the State Government;';

(b) for clause (22), the following clause shall be substituted:— T22) "Teacher of University" means a Professor or an Associate Professor or an Assistant Professor or any other person, holding a whole-time substantive teaching post and appointed in a permanent vacancy in a University or recognized as such by the University with prior approval of the State Governmentr ;

(2) in section 9, in sub-section (1),—

(a) for clause (a), the following clause shall be substituted:— "(a) The Vice-Chancellor shall be a distinguished academic with proven competence and integrity and having a minimum of ten years of experience in a University system of which at least five years shall be as professor or ten years of experience in a reputed research or academic administrative organization of which at least five years shall be in an equivalent position of professor";

(b) for sub-clause (ii) of clause (c), the following sub-clause shall be substituted:— "(ii) a nominee of the State Government;";

PART 1111 THE KOLKATA GA2E11E, EXTRAORDINARY, NOVEMBER 29, 2012 7 The West Bengal University Laws (Amendment) Act, 2012.

(Section 4.)

(3) in section 22, in sub-section (2), to clause (vii), the following proviso shall be added:— "Provided that the student representative or the research scholar referred to under this clause shall not be permitted to take part in any meeting of the faculty council in which, confidential matters relating to conduct of examinations, checking of answer scripts, and publication of results and matters of similar nature are to be discussed;";

(4) in section 24, after the proviso to clause (ix) of sub-section (2), the following proviso shall be added:— "Provided further that the student representatives referred to under this clause shall not be permitted to take part in any meeting of the Council for Undergraduate studies in which, confidential matters relating to conduct of examinations, checking of answer scripts, and publication of results and matters of similar nature are to be discussed;";

(5) for section 26, the following section shall be substituted:— "Dean. 26. (1) There shall be a Dean for each and every Faculty Council for Post-Graduate Studies in the University who shall be appointed by the Vice-Chancellor of the University on recommendation of the Selection Committee duly constituted for this purpose.

(2) The Selection Committee shall be constituted by the State Government for each and every occasion of selection of Dean of the University:

Provided that every such Committee shall appoint Deans for all Faculty Councils for Post-Graduate Studies in the University.

(3) The Selection Committee shall consist of the following members:—

(a) nomimee of the Chancellor, who shall be the Vice-Chancellor of a State aided University other than the concerned University and who shall be the head of the Committee;

(b) nominee of the State Government, who shall be an eminent academician and who is not related with the concerned University in any manner;

(c) nominee of the Vice-Chancellor, who shall not be below the rank of a Professor of any other University.

(4) The Selection Committee shall consider the names of eligible professors of that University for the post of Dean and give proper weightage of academic excellence and adequate experience in academic and administrative governance while preparing the panel of two Professors in order of their preference for each and every Faculty Council of Post- Graduate Studies:

Provided that no person shall be eligible for the post of Dean more than one term in his service tenure in the same University:

Provided further that no person holding the post of Dean in the University, on the date of commencement of this Act, shall be eligible for further selection of Dean in the same University.

8 THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 [PART HI The West Bengal University Laws (Amendment) Act, 2012.

(Section 5.)

(5) The Registrar of the University shall provide secretarial assistance to the Selection Committee for preparing the panel and the Committee shall have power to call for any record of the University relating to any Professor for the purpose of such selection.

(6) The Selection Committee shall finalize the panel within fifteen days from the date of its constitution and immediately thereafter the committee shall send its recommendations in writing to the State Government, along with reasoned record of assessment of the persons so considered.

(7) The State Government shall thereafter forward the panel to the Vice-Chancellor of the University for appointment of Dean within seven days.

(8) Every Dean appointed as per provisions of this Act shall hold the office for three years or until he retires or vacates his office for any other reasons:

Provided that a Professor shall only be eligible for empanelment for the post of Dean who has at least three years of service in his account before the age of superannuation.

(9) The Vice-Chancellor shall, in the event of any temporary vacancy of the office of Dean, select a seniormost Professor of that University according to the date of their joining in the same University for a period not more than six months:

Provided that such selection of Dean on temporary vacancy shall be communicated forthwith to the State Government for the purpose of reconstitution of Selection Committee.

(10) Every Dean shall be the Vice-Chairman of the respective Faculty Council for Post-Graudate Studies and shall have such powers and functions as may be provided for by Regulations.

(11) The Dean of every Faculty Councils for Post-Graduate Studies may be removed from his office for such reasons and in such manner as may be provided for by Regulations.”.

Amendment of West Ben. Act XVIII of 1981.

5. In the Vidyasagar University Act, 1981,—

(1) in section 2,—

(a) for clause (20), the following clause shall be substituted:— `(20) "Teacher of college" means a Professor or an Associate Professor or an Assistant Professor or a Reader holding a whole-time substantive teaching post and appointed in a permanent vacancy in a college or recognized as such by the State Government;';

(b) for clause (21), the following clause shall be substituted:— `(21) "Teacher of University" means a Professor or an Associate Professor or an Assistant Professor or any other person, holding a whole-time substantive teaching post and appointed in a permanent vacancy in a University or recognized as such by the University with prior approval of the State Government';

PART III] THE KOLKATA GAZE1 LE, EXTRAORDINARY, NOVEMBER 29, 2012 9 The West Bengal University Laws (Amendment) Act, 2012.

(Section 5.)

(2) in section 9, in sub-section (1),—

(a) for clause (a), the following clause shall be substituted:— "(a) The Vice-Chancellor shall be a distinguished academic with proven competence and integrity and having a minimum of ten years of experience in a University system of which at least five years shall be as professor or ten years of experience in a reputed research or academic administrative organization of which at least five years shall be in an equivalent position of professor.";

(b) for sub-clause (ii) of clause (c), the following sub-clause shall be substituted:— "(ii) a nominee of the State Government;";

(3) in section 22, in sub-section (2), to clause (viii), the following proviso shall be added:— "Provided that the student representative or the research scholar referred to under this clause shall not be permitted to take part in any meeting of the faculty council in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(4) in section 24,—

(a) after the proviso to clause (vii) of sub-section (2), the following proviso shall be added:— "Provided further that the student representatives referred to under this clause shall not be permitted to take part in any meeting of the Council for Undergraduate studies in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(b) to clause (vi) of sub-section (3), the following proviso shall be added:— "Provided that the student representatives referred to under this clause shall not be permitted to take part in any meeting of the Council for Undergraduate Studies in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(5) for section 26, the following section shall be substituted:— "Dean. 26. (1) There shall be a Dean for each and every Faculty Council for Post-Graduate Studies in the University who shall be appointed by the Vice-Chancellor of the University on recommendation of the Selection Committee duly constituted for this purpose.

(2) The Selection Committee shall be constituted by the State Government for each and every occasion of selection of Dean of the University:

Provided that every such Committee shall appoint Deans for all Faculty Councils for Post-Graduate Studies in the University.

10 THE KOLKATA GAZE! IE, EXTRAORDINARY, NOVEMBER 29, 2012 [Pm HI The West Bengal University Laws (Amendment) Act, 2012.

(Section 5.)

(3) The Selection Committee shall consist of the following members:—

(a) nominee of the Chancellor, who shall be the Vice-Chancellor of a State aided University other than the concerned University and who shall be the head of the Committee;

(b) nominee of the State Government, who shall be an eminent academician and who is not related with the concerned University in any manner;

(c) nominee of the Vice-Chancellor, who shall not be below the rank of a Professor of any other University.

(4) The Selection Committee shall consider the names of eligible professors of that University for the post of Dean and give proper weightage of academic excellence and adequate experience in academic and administrative governance while preparing the panel of two Professors in order of their preference for each and every Faculty Council of Post- Graduate Studies:

Provided that no person shall be eligible for the post of Dean more than one term in his service tenure in the same University:

Provided further that no person holding the post of Dean in the University, on the date of commencement of this Act, shall be eligible for further selection of Dean in the same University.

(5) The Registrar of the University shall provide secretarial assistance to the Selection Committee for preparing the panel and the Committee shall have power to call for any record of the University relating to any Professor for the purpose of such selection.

(6) The Selection Committee shall finalize the panel within fifteen days from the date of its constitution and immediately thereafter the committee shall send its recommendations in writing to the State Government, along with reasoned record of assessment of the persons so considered.

(7) The State Government shall thereafter forward the panel to the Vice-Chancellor of the University for appointment of Dean within seven days.

(8) Every Dean appointed as per provisions of this Act shall hold the office for three years or until he retires or vacates his office for any other reasons:

Provided that a Professor shall only be eligible for empanelment for the post of Dean who has at least three years of service in his account before the age of superannuation.

(9) The Vice-Chancellor shall, in the event of any temporary vacancy of the office of Dean, select a seniormost Professor of that University according to the date of their joining in the same University for a period not more than six months:

Provided that such selection of Dean on temporary vacancy shall be communicated forthwith to the State Government for the purpose of reconstitution of Selection Committee.

PART MI THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 11 The West Bengal University Laws (Amendment) Act, 2012.

(Section 6.)

(10) Every Dean shall be the Vice-Chairman of the respective Faculty Council for Post Graduate Studies and shall have such powers and functions as may be provided for by Regulations.

(11) The Dean of every Faculty Councils for Post-Graduate Studies may be removed from his office for such reasons and in such manner as may be provided for by Regulations.".

Amendment of West Ben. Act XL of 1981.

6. In the Kalyani University Act, 1981,—

(1) in section 2,—

(a) for clause (19), the following clause shall be substituted:— '(19) "Teacher of college" means a Professor or an Associate Professor or an Assistant Professor or a Reader holding a whole-time substantive teaching post and appointed in a permanent vacancy in a college or recognized as such by the State Government;';

(b) for clause (20), the following clause shall be substituted:— T20) "Teacher of University" means a Professor or an Associate Professor or an Assistant Professor or any other person, holding a whole-time substantive teaching post and appointed in a permanent vacancy in a University or recognized as such by the University with prior approval of the State Government;';

(2) in section 9, in sub-section (1),—

(a) for clause (a), the following clause shall be substituted:— "(a) The Vice-Chancellor shall be a distinguished academic with proven competence and integrity and having a minimum of ten years of experience in a University system of which at least five years shall be as professor or ten years of experience in a reputed research or academic administrative organization of which at least five years shall be in an equivalent position of professor.";

(b) for sub-clause (ii) of clause (c), the following sub-clause shall be substituted:— "(ii) a nominee of the State Government;";

(3) in section 22,—

(i) in sub-section (2), to clause (ix), the following proviso shall be added:— "Provided that the student representative or the research scholar referred to under this clause shall not be permitted to take part in any meeting of the faculty council in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

12 THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 1PARTIII The West Bengal University Taws (Amendment) Act, 2012.

(Section 6)

(ii) in sub-section (3), to clause (ix), the following proviso shall be added-- "Provided that the student representative or the research scholar referred under this clause shall not be permitted to take part in any meeting of the faculty council in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(4) in section 23A, after the proviso to clause (g) of sub-section (2), the following proviso shall be addd:— "Provided further that the student representatives referred under this clause shall not be permitted to take part in any meeting of the Council for Undergraduate studies in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(5) for section 24, the following section shall be substituted:— "Dean. 24. (1) There shall be a Dean for each and every Faculty Council for Post-Graduate Studies in the University who shall be appointed by the Vice-Chancellor of the University on recommendation of the Selection Committee duly constituted for this purpose.

(2) The Selection Committee shall be constituted by the State Government for each and every occasion of selection of Dean of the University:

Provided that every such Committee shall appoint Deans for all Faculty Councils for Post-Graduate Studies in the University.

(3) The Selection Committee shall consist of the following members:—

(a) nominee of the Chancellor, who shall be the Vice-Chancellor of a State aided University other than the concerned University and who shall be the head of the Committee;

(b) nominee of the State Government, who shall be an eminent academician and who is not related with the concerned University in any manner;

(c) nominee of the Vice-Chancellor, who shall not be below the rank of a Professor of any other University.

(4) The Selection Committee shall consider the names of eligible professors of that University for the post of Dean and give proper weightage of academic excellence and adequate experience in academic and administrative governance while preparing the panel of two Professors in order of their preference for each and every Faculty Council of Post-Graduate Studies:

Provided that no person shall be eligible for the post of Dean more than one term in his service tenure in the same University:

Provided further that no person holding the post of Dean in the University, on the date of commencement of this Act, shall be eligible for further selection of Dean in the same University.

(5) The Registrar of the University shall provide secretarial assistance to the Selection Committee for preparing the panel and the Committee shall have power to call for any record of the University relating to any Professor for the purpose of such selection.

PART III] THE KOLKATA GAZEI 1E, EXTRAORDINARY, NOVEMBER 29, 2012 13 The West Bengal University Laws (Amendment) Act, 2012.

(Section 7.)

(6) The Selection Committee shall finalize the panel within fifteen days from the date of its constitution and immediately thereafter the committee shall send its recommendations in writing to the State Government, along with reasoned record of assessment of the persons so considered.

(7) The State Government shall thereafter forward the panel to the Vice-Chancellor of the University for appointment of Dean within seven days.

(8) Every Dean appointed as per provisions of this Act shall hold the office for three years or until he retires or vacates his office for any other reasons:

Provided that a Professor shall only be eligible for empanelment for the post of Dean who has at least three years of service in his account before the age of superannuation.

(9) The Vice-Chancellor shall, in the event of any temporary vacancy of the office of Dean, select a seniormost Professor of that University according to the date of their joining in the same University for a period not more than six months:

Provided that such selection of Dean on temporary vacancy shall be communicated forthwith to the State Government for the purpose of reconstitution of Selection Committee.

(10) Every Dean shall be the Vice-Chairman of the respective Faculty Council for Post-Graduate Studies and shall have such powers and functions as may be provided for by Regulations.

(11) The Dean of every Faculty Councils for Post-Graduate Studies may be removed from his office for such reasons and in such manner as may be provided for by Regulations.".

Amendment of West Ben. Act XXVIII of 2007.

7. In the West Bengal State University (Barasat, North 24-Parganas) Act, 2007,—

(1) in section 2,—

(a) for clause (22), the following clause shall be substituted:— '(22) "Teacher of college" means a Professor or an Associate Professor or an Assistant Professor or a Reader holding a whole-time substantive teaching post and appointed in a permanent vacancy in a college or recognized as such by the State Governmentr ;

(b) for clause (23), the following clause shall be substituted:— '(23) "Teacher of University" means a Professor or an Associate Professor or an Assistant Professor or any other person, holding a whole-time substantive teaching post and appointed in a permanent vacancy in a University or recognized as such by the University with prior approval of the State Govemmentc ;

(2) in section 9, in sub-section (1),—

(a) for clause (a), the following clause shall be substituted:— "(a) The Vice-Chancellor shall be a distinguished academic with proven competence and integrity and having a minimum of ten years of experience in a University system of which at least five years shall be as professor or ten years of experience in a reputed research or academic administrative organization of which at least five years shall be in an equivalent position of professor.";

14 THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 [PArn-BI The West Bengal University Laws (Amendment) Act, 2012.

(Section 7.)

(b) for sub-clause (ii) of clause (c), the following sub-clause shall be substituted:— "(ii) a nominee of the State Government";

(3) in section 22, in sub-section (2), to clause (viii), the following proviso shall be added:— "Provided that the student representative or the research scholar referred to under this clause shall not be permitted to take part in any meeting of the faculty council in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(4) in section 24, after the proviso to clause (vii) of sub-section (2), the following proviso shall be added:— "Provided further that the student representatives referred to under this clause shall not be permitted to take part in any meeting of the Council for Undergraduate studies in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(5) for section 26, the following section shall be substituted:— "Dean of faculty 26. (1) There shall be a Dean for each and every Council.

Faculty Council for Post-Graduate Studies in the University who shall be appointed by the Vice-Chancellor of the University on recommendation of the Selection Committee duly constituted for this purpose.

(2) The Selection Committee shall be constituted by the State Government for each and every occasion of selection of Dean of the University:

Provided that every such Committee shall appoint Deans for all Faculty Councils for Post-Graduate Studies in the University.

(3) The Selection Committee shall consist of the following members:—

(a) nominee of the Chancellor, who shall be the Vice-Chancellor of a State aided University other than the concerned University and who shall be the head of the Committee;

(b) nominee of the State Government, who shall be an eminent academician and who is not related with the concerned University in any manner;

(c) nominee of the Vice-Chancellor, who shall not be below the rank of a Professor of any other University.

(4) The Selection Committee shall consider the names of eligible professors of that University for the post of Dean and give proper weightage of academic excellence and adequate experience in academic and administrative governance while preparing the panel of two Professors in order of their preference for each and every Faculty Council of Post-Graduate Studies:

Parrffil THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 15 The West Bengal University Laws (Amendment) Act, 2012.

(Section 8.)

Provided that no person shall be eligible for the post of Dean more than one term in his service terure in the same University:

Provided further that no person holding the post of Dean in the University, on the date of commencement of this Act, shall be eligible for further selection of Dean in the same University.

(5) The Registrar of the University shall provide secretarial assistance to the Selection Committee for preparing the panel and the Committee shall have power to call for any record of the University relating to any Professor for the purpose of such selection.

(6) The Selection Committee shall finalize the panel within fifteen days from the date of its constitution and immediately thereafter the committee shall send its recommendations in writing to the State Government, along with reasoned record of assessment of the persons so considered.

(7) The State Government shall thereafter forward the panel to the Vice-Chancellor of the University for appointment of Dean within seven days.

(8) Every Dean appointed as per provisions of this Act shall hold the office for three years or until he retires or vacates his office for any other reasons:

Provided that a Professor shall only be eligible for empanelment for the post of Dean who has at least three years of service in his account before the age of superannuation.

(9) The Vice-Chancellor shall, in the event of any temporary vacancy of the office of Dean, select a seniormost Professor of that University according to the date of their joining in the same University for a period not more than six months:

Provided that such selection of Dean on temporary vacancy shall be communicated forthwith to the State Government for the purpose of reconstitution of Selection Committee.

(10) Every Dean shall be the Vice-Chairman of the respective Faculty Council for Post Graduate Studies and shall have such powers and functions as may be provided for by Regulations.

(11) The Dean of every Faculty Councils for Post-Graduate Studies may be removed from his office for such reasons and in such manner as may be provided for by Regulation.".

Amendment of West Ben. Act XXVI of 2007.

8. In the Gour Banga University Act, 2007,—

(1) in section 2,—

(a) for clause (23), the following clause shall be substituted:— '(23) "'Teacher of college" means a Professor or an Associate Professor or an Assistant Professor or a Reader holding a whole-time substantive teaching post and appointed in a permanent vacancy in a college or recognized as such by the State Government;';

(b) for clause (24), the following clause shall be substituted:— '(24) "Teacher of University" means a Professor or an Associate Professor or an Assistant Professor or any other person, holding a whole-time substantive teaching post and appointed in a permanent vacancy in a University or recognized as such by the University with prior approval of the State Government;';

16 THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 [PART III The West Bengal University Laws (Amendment) Act, 2012.

(Section 8.)

(2) in section 9, in sub-section (1),—

(a) for clause (a), the following clause shall be substituted:— "(a) The Vice-Chancellor shall be a distinguished academic with proven competence and integrity and having a minimum of ten years of experience in a University system of which at least five years shall be as professor or ten years of experience in a reputed research or academic administrative organization of which at least five years shall be in an equivalent position of professor.";

(b) for sub-clause (ii) of clause (c), the following sub-clause shall be substituted:— "(ii) a nominee of the State Government;";

(3) in section 22, in sub-section (2), to clause (vii), the following proviso shall be added:— "Provided that the student representative or the research scholar referred to under this clause shall not be permitted to take part in any meeting of the faculty council in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(4) in section 24, after the proviso to clause (vii) of sub-section (2), the following proviso shall be added:— "Provided further that the student representatives referred to under this clause shall not be permitted to take part in any meeting of the Council for Undergraduate studies in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(5) for section 26, the following section shall be substituted:— "Dean of Faculty 26. (1) There shall be a Dean for each and every Council.

Faculty Council for Post-Graduate Studies in the University who shall be appointed by the Vice-Chancellor of the University on recommendation of the Selection Committee duly constituted for this purpose.

(2) The Selection Committee shall be constituted by the State Government for each and every occasion of selection of Dean of the University:

Provided that every such Committee shall appoint Deans for all Faculty Councils for Post-Graduate Studies in the University.

(3) The Selection Committee shall consist of the following members:—

(a) nominee of the Chancellor, who shall be the Vice-Chancellor of a State aided University other than the concerned University and who shall be the head of the Committee;

(b) nominee of the State Government, who shall be an eminent academician and who is not related with the concerned University in any manner;

(c) nominee of the Vice-Chancellor, who shall not be below the rank of a Professor of any other University.

PARTIII] THE KOLKATA GAMI1E, EXTRAORDINARY, NOVEMBER 29, 2012 17 The West Bengal University Laws (Amendment) Act, 2012.

(Section 8.)

(4) The Selection Committee shall consider the names of eligible professors of that University for the post of Dean and give proper weightage of academic excellence and adequate experience in academic and administrative governance while preparing the panel of two Professors in order of their preference for each and every Faculty Council of Post-Graduate Studies:

Provided that no person shall be eligible for the post of Dean for more than one term in his service tenure in the same University:

Provided further that no person holding the post of Dean in the University, on the date of commencement of this Act, shall be eligible for further selection of Dean in the same University.

(5) The Registrar of the University shall provide secretarial assistance to the Selection Committee for preparing the panel and the Committee shall have power to call for any record of the University relating to any Professor for the purpose of such selection.

(6) The Selection Committee shall finalize the panel within fifteen days from the date of its constitution and immediately thereafter the committee shall send its recommendations in writing to the State Government, along with reasoned record of assessment of the persons so considered.

(7) The State Government shall thereafter forward the panel to the Vice-Chancellor of the University for appointment of Dean within seven days.

(8) Every Dean appointed as per provisions of this Act shall hold the office for three years or until he retires or vacates his office for any other reasons:

Provided that a Professor shall only be eligible for empanelment for the post of Dean who has at least three years of service in his account before the age of superannuation.

(9) The Vice-Chancellor shall, in the event of any temporary vacancy of the office of Dean, select a seniormost Professor of that University according to the date of their joining in the same University for a period not more than six months:

Provided that such selection of Dean on temporary vacancy shall be communicated forthwith to the State Government for the purpose of reconstitution of Selection Committee.

(10) Every Dean shall be the Vice-Chairman of the respective Faculty Council for Post-Graduate Studies and shall have such powers and functions as may be provided for by Regulations.

18 THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 iffl The West Bengal University Laws (Amendment) Act, 2012.

(Section 9.)

(11) The Dean of every Faculty Councils for Post-Graduate Studies may be removed from his office for such reasons and in such manner as may be provided for by Regulation.".

Amendment of West Ben. Act XII of 2010.

9. In the Sidho-Kanho-Birsha University Act, 2010,—

(1) in section 2,—

(a) for clause (25), the following clause shall be substituted:— '(25) "Teacher of college" means a Professor or an Associate Professor or an Assistant Professor or a Reader holding a whole-time substantive teaching post and appointed in a permanent vacancy in a college or recognized as such by the State Government;';

(b) for clause (26), the following clause shall be substituted:— '(26) "Teacher of University" means a Professor or an Associate Professor or an Assistant Professor or any other person, holding a whole-time substantive teaching post and appointed in a permanent vacancy in a University or recognized as such by me University with prior approval of the State Government;';

(2) in section 9, in sub-section (I),—

(a) for clause (a), the following caluse shall be substituted:— "(a) The Vice-Chancellor shall be a distinguished academic with proven competence and integrity and having a minimum of ten years of experience in a University system of which at least five years shall be as professor or ten years of experience in a reputed research or academic administrative organization of which at least five years shall be in an equivalent position of professor.";

(b) for sub-caluse (ii) of clause (c), the following sub-clause shall be substituted:— "(ii) a nominee of the State Government;";

(3) in section 22, in sub-section (2), to clause (viii), the following proviso shall be added:— "Provided that the student representative or the research scholar referred to under this clause shall not be permitted to take part in any meeting of the faculty council in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(4) in section 24,—

(i) in sub-section (2), after the proviso to clause (vii), the following proviso shall be added:— "Provided further that the student representatives referred to under this clause shall not be permitted to take part in any meeting of the council for undergraduate studies in which, confidential matters

PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 19 The West Bengal University Laws (Amendment) Act, 2012.

(Section 9.)

relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(ii) in sub-section (3), to clause (vi), the following proviso shall be added:— "Provided that the student representative referred to under this clause shall not be permitted to take part in any meeting of the council for undergraduate studies in Law in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(5) for section 26, the following section shall be substituted:— "Deans of Faculty 26. (1) There shall be a Dean for each and every Council.

Faculty Council for Post-Graduate Studies in the University who shall be appointed by the Vice-Chancellor of the University on recommendation of the Selection Committee duly constituted for this purpose.

(2) The Selection Committee shall be constituted by the State Government for each and every occasion of selection of Dean of the University:

Provided that every such Committee shall appoint Deans for all Faculty Councils for Post Graduate Studies in the University.

(3) The Selection Committee shall consist of the following members:—

(a) nominee of the Chancellor, who shall be the Vice-Chancellor of a State aided University other than the concerned University and who shall be the head of the Committee;

(b) nominee of the State Government, who shall be an eminent academician and who is not related with the concerned University in any manner;

(c) nominee of the Vice-Chancellor, who shall not be below the rank of a Professor of any other University.

(4) The Selection Committee shall consider the names of eligible professors of that University for the post of Dean and give proper weightage of academic excellence and adequate experience in academic and administrative governance while preparing the panel of two Professors in order of their preference for each and every Faculty Council of Post-Graduate Studies:

Provided that no person shall be eligible for the post of Dean for more than one term in his service Ware in the same University:

20 THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 [Panda The West Bengal University Laws (Amendment) Act, 2012.

(Section 9.)

Provided further that no person holding the post of Dean in the University, on the date of commencement of this Act, shall be eligible for further selection of Dean in the same University.

(5) The Registrar of the University shall provide secretarial assistance to the Selection Committee for preparing the panel and the Committee shall have power to call for any record of the University relating to any Professor for the purpose of such selection.

(6) The Selection Committee shall finalize the panel within fifteen days from the date of its constitution and immediately thereafter the committee shall send its recommendations in writing to the State Government, along with reasoned record of assessment of the persons so considered.

(7) The State Government shall thereafter forward the panel to the Vice-Chancellor of the University for appointment of Dean within seven days.

(8) Every Dean appointed as per provisions of this Act shall hold the office for three years or until he retires or vacates his office for any other reasons:

Provided that a Professor shall only be eligible for empanelment for the post of Dean who has at least three years of service in his account before the age of superannuation.

(9) The Vice-Chancellor shall, in the event of any temporary vacancy of the office of Dean, select a seniormost Professor of that University according to the date of their joining in the same University for a period not more than six months:

Provided that such selection of Dean on temporary vacancy shall be communicated forthwith to the State Government for the purpose of reconstitution of Selection Committee.

(10) Every Dean shall be the Vice-Chairman of the respective Faculty Council for Post-Graduate Studies and shall have such powers and functions as may be provided for by Regulations.

(11) The Dean of every Faculty Councils for Post-Graduate Studies may be removed from his office for such reasons and in such manner as may be provided for by Regulations.".

PART raj THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 21 The West Bengal University Laws (Amendment) Act, 2012.

(Section 10.)

Amendment of West Ben. Act =V of 1981.

10. In the Jadavpur University Act, 1981,—

(1) in section 2, for clause (19), the following clause shall be substituted:— `(19) "Teacher of University" means a Professor or an Associate Professor or an Assistant Professor or any other person, holding a wholetime substantive teaching post and appointed in a permanent vacancy in a University or recognized as such by the University with prior approval of the State Government';

(2) in section 9, in sub-section (1),—

(a) for clause (a), the following clause shall be substituted:— "(a) The Vice-Chancellor shall be a distinguished academic with proven competence and integrity and having a minimum of ten years of experience in a University system of which at least five years shall be as professor or ten years of experience in a reputed research or academic administrative organization of which at least five years shall be in an equivalent position of professor.";

(b) for sub-clause (ii) of clause (c), the following sub-clause shall be subsituted:— "(ii) a nominee of the State Government;";

(3) in section 16, in clause (b) of sub-section (1), after sub-clause (xx), the following sub-clause shall be inserted:— "(xxa) two teachers, of whom at least one shall be a Professor to be elected by the whole-time teachers of the schools and institutes under the Faculty Councils for Inter-Disciplinary Studies, Law and Management from amongst themselves: ;

(4) in section 19, in clause (b) of sub-section (1), after sub-clause (xi), the following sub-clause shall be inserted:— "(xii) one teacher, who shall not be below the rank of an Associate Professor to be elected by the whole-lime teachers of the schools and institutes under the Faculty Councils of Inter-Disciplinary Studies, Law and Management from amongst themselves.";

(5) in section 21,—

(i) in sub-section (1), after clause (c), the following clause shall be inserted:— "(d) the Faculty Councils for Post-Graduate and Undergraduate Studies in Inter-Disciplinary Studies, Law and Management including all Schools and Institutes established by the University.";

(ii) in sub-section (2),—

(a) to clause (viii), the following proviso shall be added:— "Provided that the student representatives referred to under this clause shall not be permitted to take part in any meeting of the faculty council in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(b) to clause (ix), the following proviso shall be added:— "Provided that the research scholar referred to under this clause shall not be permitted to take part in any meeting of the faculty council in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

22 THE KOLKATA GAZE 1 lb, EXTRAORDINARY, NOVEMBER 29, 2012 [PART 111 The West Bengal University Laws (Amendment) Act, 2012.

(Section 10.)

(iii) in sub-section (3),—

(a) to clause (iva), the following proviso shall be added:— "Provided that the student representatives referred to under this clause shall not be permitted to take part in any meeting of the faculty council in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(b) to clause (ivb), the following proviso shall be added•— `Provided that the research scholar referred to under this clause shall not be permitted to take part in any meeting of the faculty council in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(iv) after sub-section (3), the following sub-sections shall be inserted:— "(3A) The Faculty Councils for Post-Graduate and Undergraduate Studies in Inter-Disciplinary Studies, Law and Management including all Schools and Institutes established by the University shall consist of the following members:—

(i) the Vice Chancellor—Chairman;

(ii) Directors of the Schools and Heads of Institutes concerned;

(iii) two Professors and two Associate Professors from each and every Faculty Councils for Post-Graduate and Undergraduate Studies in Inter-Disciplinary Studies, Law and Management including each Schools and Institutes to be elected from amongst the whole time substantive teachers of respective Schools or Institutes, as the case may be:

Provided that the number of Professor and Associate Professor shall be reduced to one from each and every Faculty Council for Post-Graduate and Undergraduate Studies if the total number of whole time teachers in each Schools or Institutes, as the case may be, is below ten:

Provided further that if there is no post of whole-time professors in any School or Institutes, as the case may be, an Associate Professor shall be elected in lieu thereof;

(iv) one expert having special knowledgte in the concerned subject or subjects in each and every Schools or Institutes, as the case may be, to be nominated by the Vice-Chancellor.

Explanation.—Schools and Institutes in the foregoing provisions of this section shall mean every Schools or Institutes as may be established by the University.

(3B) The manner of constitution of Academic Committee of every school and institute, powers and functions of Directors of Schools and Heads of Institutes shall be such as may be provided for by Regulations.";

(6) for section 23, the following section shall be substituted:— "Dean. 23. (1) There shall be a Dean for each and every Faculty Council for Post-Graduate and Undergraduate Studies in the University who shall be appointed by the Vice-Chancellor of the University on recommendation of the Selection Committee duly constituted for this purpose.

PART THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 23 The West Bengal University Laws (Amendment) Act, 2012.

(Section 10.)

(2) The Selection Committee shall be constituted by the State Government for each and every occasion of selection of Dean of the University:

Provided that every such Committee shall appoint Deans for all Faculty Councils for Post-Graduate and Undergraduate Studies in the University.

(3) The Selection Committee shall consist of the following members:—

(a) nominee of the Chancellor, who shall be the Vice-Chancellor of a State aided University other than the concerned University and who shall be the head of the Committee;

(b) nominee of the State Government, who shall be an eminent academician and who is not related with the concerned University in any manner;

(c) nominee of the Vice-Chancellor, who shall not be below the rank of a Professor of any other University.

(4) The Selection Committee shall consider the names of eligible professors of that University for the post of Dean and give proper weightage of academic excellence and adequate experience in academic and administrative governance while preparing the panel of two Professors in order of their preference for each and every Faculty Council of Post- Graduate and Undergraduate Studies:

Provided that no person shall be eligible for the post of Dean more than one term in his service tenure in the same University:

Provided further that no person holding the post of Dean in the University, on the date of commencement of this Act, shall be eligible for further selection of Dean in the same University.

(5) The Registrar of the University shall provide secretarial assistance to the Selection Committee for preparing the panel and the Committee shall have power to call for any record of the University relating to any Professor for the purpose of such selection.

(6) The Selection Committee shall finalize the panel within fifteen days from the date of its constitution and immediately thereafter the committee shall send its recommendations in writing to the State Government, along with reasoned record of assessment of the persons so considered.

(7) The State Government shall thereafter forward the panel to the Vice- Chancellor of the University for appointment of Dean within seven days.

(8) Every Dean appointed as per provisions of this Act shall hold the office for three years or until he retires or vacates his office for any other reasons:

Provided that a Professor shall only be eligible for empanelment for the post of Dean who has at least three years of service in his account before the age of superannuation.

(9) The Vice-Chancellor shall, in the event of any temporary vacancy of the office of Dean, select a seniormost Professor of that University according to the date of their joining in the same University for a period not more than six months:

Provided that such selection of Dean on temporary vacancy, shall be communicated forthwith to the State Government for the purpose of re-constitution of Selection Committee.

24 THE KOLKATA GAZELLE, EXTRAORDINARY, NOVEMBER 29, 2012 [PART III The West Bengal University Laws (Amendment) Act, 2012.

(Section 11.)

(10) Every Dean shall be the Vice-Chairman of the respective Faculty Council for Post-Graduate and Undergraduate Studies and shall have such powers and functions as may be provided for by Regulations.

(11) The Dean of every Faculty Council for Post-Graduate and Undergraduate Studies may be removed from his office for such reasons and in such manner as may be provided for by Regulations.".

Amendment of West Ben. Act XXXVI of 1981.

11. In the Rabindra Bharati Act, 1981,—

(1) in section 2,—

(a) for clause (21), the following clause shall be substituted:— '(21) "Teacher of college" means a Professor or an Associate Professor or an Assistant Professor or a Reader holding a wholetime substantive teaching post and appointed in a permanent vacancy in a college or recognized as such by the State Governmene ;

(b) for clause (22), the following clause shall be substituted:— `(22) "Teacher of University" means a Professor or an Associate Professor or an Assistant Professor or any other person, holding a whole-time substantive teaching post and appointed in a permanent vacancy in a University or recognized as such by the University with prior approval of the State Government;';

(2) in section 9, in sub-section (1),—

(a) for clause (a), the following clause shall be substituted:— `(a) The Vice-Chancellor shall be a distinguished academic with proven competence and integrity and having minimum of ten years of experience in the University system of which at least five years shall be as Professor or ten years of experience in a reputed research or academic administrative organisation of which at least five years shall be in equivalent position of Professor.';

(b) for sub-clause (ii) of clause (c), the following sub-clause shall be substituted:— "(ii) a nominee of the State Government;";

(3) in section 22, in sub-section (2),—

(i) to clause (vi), the following proviso shall be added:— "Provided that the student representatives referred to under this clause shall not be permitted to take part in any meeting of the faculty council in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(ii) to clause (vii), the following proviso shall be added:— "Provided that the research scholar referred to under this clause shall not be permitted to take part in any meeting of the faculty council in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(4) for section 24, the following section shall be substituted:— "Dean. 24. (1) There shall be a Dean for each and every Faculty Council for Post-Graduate and Undergraduate Studies in the University who shall be appointed by the Vice-Chancellor of the University on recommendation of the Selection Committee duly constituted for this purpose.

PART Ell THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 25 The West Bengal University Laws (Amendment) Act, 2012.

(Section 11.)

(2) The Selection Committee shall be constituted by the State Government for each and every occasion of selection of Dean of the University:

Provided that every such Committee shall appoint Deans for all Faculty Councils for Post-Graduate and Undergraduate Studies in the University.

(3) The Selection Committee shall consist of the following members:—

(a) nominee of the Chancellor, who shall be the Vice-Chancellor of a State aided University other than the concerned University and who shall be the head of the Committee;

(b) nominee of the State Government, who shall be an eminent academician and who is not related with the concerned University in any manner;

(c) nominee of the Vice-Chancellor, who shall not be below the rank of a Professor of any other University.

(4) The Selection Committee shall consider the names of eligible professors of that University for the post of Dean and give proper weightage of academic excellence and adequate experience in academic and administrative governance while preparing the panel of two Professors in order of their preference for each and every Faculty Council of Post- Graduate and Undergraduate Studies:

Provided that no person shall be eligible for the post of Dean more than one term in his service tenure in the same University:

Provided further that no person holding the post of Dean in the University, on the date of commencement of this Act, shall be eligible for further selection of Dean in the same University.

(5) The Registrar of the University shall provide secretarial assistance to the Selection Committee for preparing the panel and the Committee shall have power to call for any record of the University relating to any Professor for the purpose of such selection.

(6) The Selection Committee shall finalize the panel within fifteen days from the date of its constitution and immediately thereafter the committee shall send its recommendations in writing to the State Government, along with reasoned record of assessment of the persons so considered.

(7) The State Government shall thereafter forward the panel to the Vice- Chancellor of the University for appointment of Dean within seven days.

(8) Every Dean appointed as per provisions of this Act shall hold the office for three years or until he retires or vacates his office for any other reasons:

Provided that a Professor shall only be eligible for empanelment for the post of Dean who has at least three years of service in his account before the age of superannuation.

(9) The Vice-Chancellor shall, in the event of any temporary vacancy of the office of Dean, select a seniormost Professor of that University according to the date of their joining in the same University for a period not more than six months:

Provided that such selection of Dean on temporary vacancy, shall be communicated forthwith to the State Government for the purpose of re-constitution of Selection Committee.

26 THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 [PART III The West Bengal University Laws (Amendment) Act, 2012.

(Section 12.)

(10) Every Dean shall be the Vice-Chairman of the respective Faculty Council for Post-Graduate and Undergraduate Studies and shall have such powers and functions as may be provided for by Regulations.

(11) The Dean of every Faculty Council for Post-Graduate and Undergraduate Studies may be removed from his office for such reasons and in such manner as may be provided for by Regulations.".

Amendment of West Ben. Act XIX of 1997.

12. In the Netaji Subhas Open University Act, 1997,—

(1) in section 2,—

(a) clause (3) shall be omitted;

(b) after clause (5), the following clause shall be inserted:— "(5a) 'Director, Regional Centre' means the head of a Regional Centre;";

(c) for clause (24), the following clause shall be substituted:— `(24) "Teacher of University" means a Professor or an Associate Professor or an Assistant Professor or any other person, holding a whole-time substantive teaching post and appointed in a permanent vacancy in a University or recognized as such by the University with prior approval of the State Government';

(2) in section 5, in sub-section (1), in clause (vi),—

(a) for the word "readerships", wherever it occurs, the words "associate professorship" shall be substituted;

(b) for the word "lecturerships", wherever it occurs, the word "assistant professorship" shall be substituted;

(3) in section 10, in sub-section (1),—

(i) for clause (a), the following clause shall be substituted:— "(a) The Vice-Chancellor shall be a distinguished academic with proven competence and integrity and having a minimum of ten years of experience in a University system of which at least five years shall be as professor or ten years of experience in a reputed research or academic administrative organization of which at least five years shall be in an equivalent position of professor.";

(ii) in clause (c),—

(a) for sub-clause (ii), the following sub-clause shall be substituted:— "(ii) a nominee of the State Government;";

(b) in sub-clause for the word "Court", the words "Executive Council" shall be substituted;

(4) in section 11, in sub-section (I), for the words "Chairman of the Executive Council", the words "Chairman of the Executive Council in absence of the Chancellor" shall be substituted;

(5) in section 17, in sub-section (1), in clause (a),—

(i) for sub-clause (ix), the following sub-clause shall be substituted:— "(ix) the Director of Public Instruction, West Bengal or his nominee not below the rank of Additional Director of Public Instruction, West Bengal;";

(ii) in sub-clause (xii), the words "All India" shall be omitted.

PART III] THE KOLKATA GAZE FIE, EXTRAORDINARY, NOVEMBER 29, 2012 27 The West Bengal University Laws (Amendment) Act, 2012.

(Section 13.)

Amendment of West Ben. Act XL11 of 2004.

13. In the Bengal Engineering and Science University, Shibpur Act, 2004,—

(1) in section 2,—

(a) for clause (18), the following clause shall be substituted:— V 8) "Teacher of college" means a Professor or an Associate Professor or an Assistant Professor or a Reader holding a wholetime substantive teaching post and appointed in a permanent vacancy in a college or recognized as such by the State Government;';

(b) for clause (19), the following clause shall be substituted:— `(19) "Teacher of University" means a Professor or an Associate Professor or an Assistant Professor or any other person, holding a whole-time substantive teaching post and appointed in a permanent vacancy in a University or recognized as such by the University with prior approval of the State Government;';

(2) in section 7, in sub-section (1),—

(a) for clause (a), the following clause shall be substituted:— "(a) The Vice-Chancellor shall be a distinguished academic with proven competence and integrity and having a minimum of ten years of experience in a University system of which at least five years shall be as professor or ten years of experience in a reputed research or academic administrative organization of which at least five years shall be in an equivalent position of professor;";

(b) for sub-clause (ii) of clause (c), the following sub-clause shall be substituted:— "(ii) a nominee of the State Government;";

(3) in section 19, in sub-section (2),—

(i) to clause (ix), the following proviso shall be added:— "Provided that the student representatives referred to under this clause shall not be permitted to take part in any meeting of the Faculty Council in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(ii) to clause (x), the following proviso shall be added:— "Provided that the research scholar referred to under this clause shall not be permitted to take part in any meeting of the Faculty Council in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(4) for section 21, the following section shall be substituted:— "Deans of 21. (1) There shall be a Dean for each and every Faculty Faculty Council.

Council for Post-Graduate Studies in the University who shall be appointed by the Vice-Chancellor of the University on recommendation of the Selection Committee duly constituted for this purpose.

(2) The Selection Committee shall be constituted by the State Government for each and every occasion of selection of Dean of the University:

Provided that every such Committee shall appoint Deans for all Faculty Councils for Post-Graduate Studies in the University.

28 THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 [PART HI The West Bengal University Laws (Amendment) Act, 2012.

(Section 13.)

(3) The Selection Committee shall consist of the following members:—

(a) nominee of the Chancellor, who shall be the Vice-Chancellor of a State aided University other than the concerned University and who shall be the head of the Committee;

(b) nominee of the State Government, who shall be an eminent academician and who is not related with the concerned University in any manner;

(c) nominee of the Vice-Chancellor, who shall not be below the rank of a Professor of any other University.

(4) The Selection Committee shall consider the names of eligible professors of that University for the post of Dean and give proper weightage of academic excellence and adequate experience in academic and administrative governance while preparing the panel of two Professors in order of their preference for each and every Faculty Council of Post- Graduate Studies:

Provided that no person shall be eligible for the post of Dean for more than one term in his service tenure in the same University:

Provided further that no person holding the post of Dean in the University, on the date of commencement of this Act, shall be eligible for further selection of Dean in the same University.

(5) The Registrar of the University shall provide secretarial assistance to the Selection Committee for preparing the panel and the Committee shall have power to call for any record of the University relating to any Professor for the purpose of such selection.

(6) The Selection Committee shall fmalize the panel within fifteen days from the date of its constitution and immediately thereafter the committee shall send its recommendations in writing to the State Government, along with reasoned record of assessment of the persons so considered.

(7) The State Government shall thereafter forward the panel to the Vice- Chancellor of the University for appointment of Dean within seven days.

(8) Every Dean appointed as per provisions of this Act shall hold the office for three years or until he retires or vacates his office for any other reasons:

Provided that a Professor shall only be eligible for empanelment for the post of Dean who has at least three years of service in his account before the age of superannuation.

(9) The Vice-Chancellor shall, in the event of any temporary vacancy of the office of Dean, select a seniormost Professor of that University according to the date of their joining in the same University for a period not more than six months:

Provided that such selection of Dean on temporary vacancy, shall be communicated forthwith to the State Government for the purpose of re-constitution of Selection Committee.

(10) Every Dean shall be the Vice-Chairman of the respective Faculty Council for Post-Graduate Studies and shall have such powers and functions as may be provided for by Regulations.

(11) The Dean of every Faculty Council for Post-Graduate Studies may be removed from his office for such reasons and in such manner as may be provided for by Regulations.".

PART lin THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 29 The West Bengal University Laws (Amendment) Act, 2012.

(Sections 14, 15.)

Amendment of West Ben. Act XV of 2000.

Amendment of West Ben. Act XXI of 2012.

14. In the West Bengal University of Technology Act, 2000,— in section 2,—

(a) for clause (24), the following clause shall be substituted:— '(24) "Teacher of college" means a Professor or an Associate Professor or an Assistant Professor holding a whole-time substantive teaching post and appointed in a permanent vacancy in a college or recognized as such by the affiliating University or by the State Government;';

(b) after clause (24), the following clause shall be inserted:— '(24a) 'Teacher of University" means a Professor or an Associate Professor or an Assistant Professor or any other person, holding a whole-time substantive teaching post and appointed in a permanent vacancy in the University or recognized as such by the University with prior approval of the State Government;';

(2) in section 11,—

(a) in sub-section (1), after the word "University", wherever it occurs, the words "or any institution affiliated to the University" shall be inserted;

(b) after sub-section (4), the following sub-section shall be inserted:— "(5) The State Government may address to the All India Council for Technical Education, with reference to the result of such inspection or enquiry along with its views on the action to be taken thereon by the General Council:

Provided that the State Government shall have also power to issue such directions to such institutions as it may think necessary so to do in the interest of students and the course of study, on the result of such inspection or inquiry.".

15. In the Coochbehar Panchanan Barma University Act, 2012,—

(1) in section 2,—

(a) for clause (25), the following clause shall be substituted:— `(25) "Teacher of college" means a Professor or an Associate Professor or an Assistant Professor or a Reader holding a wholetime substantive teaching post and appointed in a permanent vacancy in a college or recognized as such by the State Government;';

(b) for clause (26), the following clause shall be substituted:— '(26) "Teacher of University" means a Professor or an Associate Professor or an Assistant Professor or any other person, holding a whole-time substantive teaching post and appointed in a permanent vacancy in a University or recognized as such by the University with prior approval of the State Government;';

(2) in section 9, in sub-section (1),—

(a) for clause (a), the following clause shall be substituted:— "(a) The Vice-Chancellor shall be a distinguished academic with proven competence and integrity and having a minimum of ten years of experience in a University system of which at least five years shall be as professor or ten years of experience in a reputed research or academic administrative organization of which at least five years shall be in an equivalent position of professor.",

(1) 30 THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 [PART HI The West Bengal University Laws (Amendment) Act, 2012.

(Section 15.)

(b) for sub-clause (ii) of clause (c), the following sub-clause shall be substituted:— "(ii) a nominee of the State Government;";

in section 22, in sub-section (2), to clause (ix), for the proviso, the following provisos shall be substituted:— "Provided that the student representative or the res arch scholar referred to under this clause shall not be permitted to take part in any meeting of the faculty council in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed:

Provided further that the Faculty Council concerned may co-opt such Dean or Deans of any other Faculty Council for Post Graduate Studies, as it may consider necessary";

(4) in section 24, in sub-section (2), to clause (vii), after the proviso, the following proviso shall be added:— "Provided further that the student representatives referred to under this clause shall not be permitted to take part in any meeting of the Council for undergraduate studies in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

for section 26, the following section shall be substituted:— "Deans of 26. (1) There shall be a Dean for each and every Faculty Faculty Council. Council in the University who shall be appointed by the Vice-Chancellor of the University on recommendation of the Selection Committee duly constituted for this purpose.

(2) The Selection Committee shall be constituted by the State Government for each and every occasion of selection of Dean of the University:

Provided that every such Committee shall appoint Deans for all Faculty Councils in the University.

(3) The Selection Committee shall consist of the following members:—

(a) nominee of the Chancellor, who shall be the Vice-Chancellor of a State aided University other than the concerned University and who shall be the head of the Committee;

nominee of the State Government, who shall be an eminent academician and who is not related with the concerned University in any manner;

(c) nominee of the Vice-Chancellor, who shall not be below the rank of a Professor of any other University.

(4) The Selection Committee shall consider the names of eligible professors of that University for the post of Dean and give proper weightage of academic excellence and adequate experience in academic and administrative governance while preparing the panel of two Professors in order of their preference for each and every Faculty Council of Post- Graduate Studies:

(3)

(5)

(b)

Provided that no person shall be eligible for the post of Dean more than one term in his service tenure in the same University:

PART HI] THE KOLKATA GAZE1 1E, EXTRAORDINARY, NOVEMBER 29, 2012 31 The West Bengal University Laws (Amendment) Act, 2012.

(Section 16.)

Provided further that no person holding the post of Dean in the University, on the date of commencement of this Act, shall be eligible for further selection of Dean in the same University.

(5) The Registrar of the University shall provide secretarial assistance to the Selection Committee for preparing the panel and the Committee shall have power to call for any record of the University relating to any Professor for the purpose of such selection.

(6) The Selection Committee shall finalize the panel within fifteen days from the date of its constitution and immediately thereafter the committee shall send its recommendations in writing to the State Government, along with reasoned record of assessment of the persons so considered.

(7) The State Government shall thereafter forward the panel to the Vice- Chancellor of the University for appointment of Dean within seven days.

(8) Every Dean appointed as per provisions of this Act shall hold the office for three years or until he retires or vacates his office for any other reasons:

Provided that a Professor shall only be eligible for empanelment for the post of Dean who has at least three years of service in his account before the age of superannuation.

(9) The Vice-Chancellor shall, in the event of any temporary vacancy of the office of Dean, select a seniormost Professor of that University according to the date of their joining in the same University for a period not more than six months:

Provided that such selection of Dean on temporary vacancy, shall be communicated forthwith to the State Government for the purpose of re-constitution of Selection Committee.

(10) Every Dean shall be the Vice-Chairman of the respective Faculty Council and shall have such powers and functions as may be provided for by Regulations.

(11) The Dean of every Faculty Council may be removed from his office for such reasons and in such manner as may be provided for by Regulations.".

Amendment of West Ben. Act XIX of 2012.

16. In the Kazi Nazrul University Act, 2012,—

(1) in section 2,—

(a) for clause (25), the following clause shall be substituted:— `(25) "Teacher of college" means a Professor or an Associate Professor or an Assistant Professor or a Reader holding a wholetime substantive teaching post and appointed in a permanent vacancy in a college or recognized as such by the State Government;';

(b) for clause (26), the following clause shall be substituted:— `(26) "Teacher of University" means a Professor or an Associate Professor or an Assistant Professor or any other person, holding a whole-time substantive teaching post and appointed in a permanent vacancy in a University or recognized as such by the University with prior approval of the State Government;';

(2) in section 9, in sub-section (1),—

(a) for clause (a), the following clause shall be substituted:— "(a) The Vice-Chancellor shall be a distinguished academic with proven competence and integrity and having a minimum of ten years 32 THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 [PART III The West Bengal University Laws (Amendment) Act, 2012.

(Section 16.)

of experience in a University system of which at least five years shall be as professor or ten years of experience in a reputed research or academic administrative organization of which at least five years shall be in an equivalent position of professor.";

(b) for sub-clause (ii) of clause (c), the following sub-clause shall be substituted:— "(ii) a nominee of the State Government;";

(3) in section 22, in sub-section (2), to clause (ix), for the existing proviso, the following provisos shall be substituted:— "Provided that the student representative or the research scholars referred to under this clause shall not be permitted to take part in any meeting of the faculty council in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed:

Provided further that the Faculty Council concerned may co-opt such Dean or Deans of any other Faculty Council for Post-Graduate Studies, as it may consider necessary.";

(4) in section 24, in sub-section (2), to clause (vii), after the existing proviso, the following proviso shall be added:— "Provided further that the student representatives referred to under this clause shall not be permitted to take part in any meeting of the Council for undergraduate studies in which, confidential matters relating to conduct of examinations, checking of answer scripts, publication of results and matters of similar nature are to be discussed;";

(5) for section 26, the following section shall be substituted:— "Deans of 26. (1) There shall be a Dean for each and every Faculty Faculty Council.

Council in the Univeristy who shall be appointed by the Vice-Chancellor of the University on recommendation of the Selection Committee duly constituted for this purpose.

(2) The Selection Committee shall be constituted by the State Government for each and every occasion of selection of Dean of the University:

Provided that every such Committee shall apoint Deans for all Faculty Councils in the University.

(3) The Selection Committee shall consist of the following members:—

(a) nominee of the Chancellor, who shall be the Vice-Chancellor of a State aided University other than the concerned University and who shall be the head of the Committee;

(b) nominee of the State Government, who shall be an eminent academician and who is not related with the concerned University in any manner;

(c) nominee of the Vice-Chancellor, who shall not be below the rank of a Professor of any other University.

(4) The Selection Committee shall consider the names of eligible professors of that University for the post of Dean and give proper weightage of academic excellence and adequate experience in academic and administrative governance while preparing the panel of two Professors in order of their preference for each and every Faculty Council of Post- Graduate Studies:

PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 33 The West Bengal University Laws (Amendment) Act, 2012.

(Section 16.)

Provided that no person shall be eligible for the post of Dean for more than one term in his service tenure in the same University:

Provided further that no person holding the post of Dean in the University, on the date of commencement of this Act, shall be eligible for further selection of Dean in the same University.

(5) The Registrar of the University shall provide secretarial assistance to the Selection Committee for preparing the panel and the Committee shall have power to call for any record of the University relating to any Professor for the purpose of such selection.

(6) The Selection Committee shall finalize the panel within fifteen days from the date of its constitution and immediately thereafter the committee shall send its recommendations in writing to the State Government, along with reasoned record of assessment of the persons so considered.

(7) The State Government shall thereafter forward the panel to the Vice- Chancellor of the University for appointment of Dean within seven days.

(8) Every Dean appointed as per provisions of this Act shall hold the office for three years or until he retires or vacates his office for any other reasons:

Provided that a Professor shall only be eligible for empanelment for the post of Dean who has at least three years of service in his account before the age of superannuation.

(9) The Vice-Chancellor shall, in the event of any temporary vacancy of the office of Dean, select a seniormost Professor of that University according to the date of their joining in the same University for a period not more than six months:

Provided that such selection of Dean on temporary vacancy, shall be communicated forthwith to the State Government for the purpose of re-constitution of Selection Committee.

(10) Every Dean shall be the Vice-Chairman of the respective Faculty Council and shall have such powers and functions as may be provided for by Regulations.

(11) The Dean of every Faculty Council may be removed from his office for such reasons and in such manner as may be provided for by Regulations.".

By order of the Governor, MALAY MARUT BANERJEE, Secy. to the Govt. of West Bengal, Law Department.

Published bythe Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd.

(Government of West Bengal Enterprise), Kolkata 700 056.

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