(a) the admission of students to the University and the colleges affiliated to or recognised by it and their enrolment as such;
(b) the levy of fees in University Laboratories;
(c) the conditions of residence and rules of discipline of the students of the University, including students of colleges affiliated to or recognized by it, and the levy of fees for residence in halls;
(d) the appointment of Teachers, officers and employees of the University, their emoluments, their duties and other terms and conditions of their service, in so far as these have not been specifically provided for in this Act or in the Statutes;
(e) rules for the institution of Prdvident Fund or other funds for the benefit of the employees of the University;
(f) rules for the establishment, maintenance and management of University Libraries, University Museums, halls and other University Institutions for study, research and residence;
(g) rules for the recognition of libraries, laboratories, museums, hostels, and institutions for study, research •and residence, other than those established, maintained and managed by the University;
(h) rules for the taking over of the management of an affiliated or a recognized college or institution, other than a Government College or institution, in order to ensure that proper standards of teaching, training and instruction are maintained therein;
(i) rules for the exercise of general supervision and control over affiliated or recognised colleges or institutions and for the giving of financial aid to them;
(j) rules for the inspection or investigation into the affairs of colleges or other institutions, affiliated to or recognised by the University, to ensure that proper standards of teaching, training and research are maintained (herein;
132 The Vidyasagar University Act, 1981.
• XVIII of 1981.]
(Chapter VI.—Statutes, Ordinances, Regulations and Rules.—Section 51.)
(k) rules for the imposition and collection of fees, fines and other dues payable to the University;
(1) the duties and functions of the Teachers of the University including the Head of Departments;
(m) rules for the registration of students;
(n) the appointment, duties and remuneration of examiners;
(o) rules for the administration of gifts, endowments and benefactions, and for the institution and award of fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes;
(p) rules and procedure for accepting grants and for raising or accepting loans other than loans from the Central or any State Government or the University Grants Commission;
(q) all other matters which under this Act or the Statutes are required to be or may be prescribed by Ordinances.
51. (1) The Executive Council shall take into consideration drafts How to make of Ordinances proposed to be passed, after notice thereof has been given Ordinances.
to the member of the Executive Council at least three weeks in advance of the date fixed for consideration of the same by the Executive Council.
The Vice-Chancellor may direct a shorter notice in a matter which in his opinion is of an emergent nature.
(2) An Ordinance shall be deemed to be passed by the Executive Council if it is agreed to by a majority of the total number of members of the Executive Council existing at the time.
(3) An Ordinance passed by the Executive Council in the manner provided hereinbefore in this section shall be submitted to the Chancellor for assent and shall come into force on being assented to by the Chancellor and shall be reported to the Court at its next meeting.
(4) The Chancellor may direct that the operation of any Ordinance shall be suspended until such time as the Court has had an opportunity of considering the same.
(5) An Ordinance shall, unless cancelled or modified by the Chancellor, remain in force until repealed or amended by a new Ordinance similarly passed and brought into force.
133 The Vidyasagar University Act, 1981.
[West Ben. Act (Chapter VI.—Statutes, Ordinances, Regulations and Rules.—Sections 52-54.)
Regulations. 52. Subject to the provisions of this Act and the Statutes, and the Ordinances, Regulations may be made to provide for all or any of the following matters:—
(a) the powers and functions of the Boards of Studies;
(b) the functions and duties of Teachers' Councils in Universities and in colleges and institutions other than Government Colleges and institutions;
(c) the conditions for admission to the different courses of study and examinations of students;
(d) the rules for the conduct of University examinations;
(e) the courses of study and the division of subjects upon the recommendation of the Faculty Council for post-graduate studies or the Council for undergraduate studies concerned;
(f) all other matters which under this Act or the Statutes or the Ordinances are required to be or may be prescribed by Regulations.
How to make Regulations.
Rules.
53. (1) The Executive Council or a Committee appointed by it shall take into consideration drafts of Regulations, consistent with this Act and the Statutes and the Ordinances after notice of the proposed Regulations has been given to the members of the Executive Council at least three weeks in advance of the date fixed for consideration of the same by the Executive Council or the Committee appointed by it. The Vice-Chancellor may direct a shorter notice in a matter which in his opinion is of an emergent nature.
(2) A Regulation shall be deemed to be passed by the Executive Council if it is agreed to at a meeting of the Executive Council by a majority of the total number of members of the Executive Council existing at the time. A Regulation shall come into force immediately on being passed unless otherwise directed by the Chancellor.
(3) The Court shall have the power, by a resolution passed by a majority of its total number of members existing at the time, to cancel or modify any Regulation.
(4) A Regulation shall, unless cancelled or modified by the court under sub-section (3), remain in force until repealed or amended by new Regulation similarly passed and brought into force.
54. Subject to the provisions of this Act and the Statutes, the Ordinances and the Regulations, Rules may be made for the purpose of duly carrying out the provisions of, or exercising the powers conferred by, this Act or to provide for matters which, by the Statutes, the Ordinances or the Regulations, are required to be prescribed by Rules.
134 The Vidyasagar University Act, 1981.
XVIII of 1981.]
(Chapter V11. Miscellaneousand Transitory Provisions.— Section 55.)
CHAPTER VII Delegation.
Miscellaneous and Transitory Provisions.
55. (1) The Vice-Chancellor or, with the approval of the Vice- Chancellor, the Registrar, may, subject to the provisions of this Act, delegate such of his powers or duties conferred or imposed by or under this Act as may be prescribed by the Statutes to an officer of the University under his direct administrative control.
(2) Subject to the provisions of this Act,—
(a) the Court may delegate any of its powers or duties, conferred or imposed by or under this Act, to—
(i) the Vice-Chancellor,
(ii) the Executive Council,
(iii) a Committee constituted from among its own members, or
(iv) a committee appointed in accordance with the Statutes;
(b) the 'Executive Council may delegate any of its powers or duties, conferred or imposed by or under this Act, to—
(i) the Vice-Chancellor,
(ii) a committee constituted from among its own members,
(iii) a committee constituted in accordance with the Statutes or the Orinances,
(iv) any of the Faculty Councils for post-graduate studies or Councils for undergraduate studies, or
(v) the Finance Committee;
(c) the Faculty Council for post-graduate studies or the Council for undergraduate studies may delegate any of its powers or duties, conferred or imposed by or under this Act, to—
(i) the Vice-Chancellor,
(ii) a committee constituted from among its own members,
(iii) a committee constituted in accordance with the Regulations, or
(iv) any of the Boards of Studies;
(d) the Finance Committee may delegate any of its powers or duties, conferred or imposed by or under this Act, to—
(i) the Vice-Chancellor, or
(ii) to a committee constituted from among its own members.
135 The Vidyasagar University Act, 1981.
[West Ben. Act (Chapter VII. Miscellaneous and Transitory Provisions.— Sections 56, 57.)
Completion of courses of studies in colleges formerly affiliated to any other inn versity.
Transitory provisions.
56. Notwithstanding anything contained in this Act, the Statutes, the Ordinances and the Regulations, any student of a college affiliated formerly to any other university, who was studying for any examination of such other university, shall, upon admission of such college to the privileges of the University, be permitted to complete his course in preparation therefor and the University shall hold, for such students, examinations in accordance with the curricula of study in force in such other university for such period as may be prescribed.
57. (1) The Chancellor shall, within three months from the date of publication of this Act in the Official Gazette, appoint, in consultation with the Minister, on such terms and conditions as he thinks fit, a person to be the Vice-Chancellor and he shall be the first Vice-Chancellor of the . University and shall hold office for a period of three years. The first Vice-Chancellor shall exercise all the powers and perform all the duties of the Vice-Chancellor under this Act.
. (2) The first Vice-Chancellor shall, with the approval of the Chancellor and with the assistance of a Committee consisting of not less than nine members, nominated by the State Government, cause the first Statutes, the first Ordinances and the first Regulations of the University to be framed.
(3) The first Vice-Chancellor shall, within one year from the date of his appointment or within such longer period, not exceeding two years from the date of his appointment, as the State Government may, by notification in the Official Gazette, direct, cause arrangements to be made for constituting the Court, the Executive Council, the Faculty Councils for post-graduate studies, the Councils for undergraduate studies and the Boards of Studies in accordance with the provisions of the first Statutes, the first Ordinances and the first Regulations as framed under sub-section (2), as if they had already come into force.
(4) If, for any reason—
(a) the constitution of the Court, the Executive Council and other bodies referred to in sub-section (3) cannot be completed within the period of office of the first Vice- Chancellor appointed under sub-section (1), then, on the expiry of such period, the Chancellor may, in consultation with the Minister, on such terms and conditions as he thinks fit, appoint the first Vice-Chancellor whose period of office has expired or another person to be the Vice-Chancellor for the purposes of this section for such period not exceeding two years as the Chancellor thinks fit, or 136 The Vidyasagar University Act, 1981.
XVIII of 1981.]
(Chapter VII.—Miscellaneous and Transitory Provisions.— Section 57.)
(b) a vacancy occurs in the office of the first Vice-Chancellor before the expiry of the period of his office, then, the Chancellor may, in consultation with the Minister, on such terms and conditions as he thinks fit, appoint another person to be the Vice-Chancellor for the purposes of this section for the unexpired portion of such period or such further period not exceeding two years as the Chancellor thinks fit, and references in this Act to the first Vice-Chancellor shall be deemed to include references to the Vice-Chancellor appointed under this subsection.
(5) The State Government shall, by notification in the Official Gazette, appoint a date and on and from such date the Court, the Executive Council, the Faculty Councils for post-graduate studies, the Councils for undergraduate studies and the Boards of Studies shall commence to exercise their respective functions, and the first Statutes, the first Ordinances and the first Regulations as framed under sub-section (2) shall come into force and be the first Statutes, the first Ordinances and the first Regulations of the University.
(6) The first Statutes, the first Ordinances and the first Regulations of the University shall remain in force until new Statutes, new Ordinances and new Regulations are made under the provisions of this Act.
(7) The first Vice-Chancellor may, subject to the approval of the State Government, appoint such administrative, clerical and other staff (including technical staff) as he deems necessary for giving effect to the provisions of this section.
(8) On and from the appointed day—
(a) section 58 shall stand repealed and thereupon the Vidyasagar University Council, referred to in sub-section (1) of the said section, and all bodies and committees constituted by the said Council, if any, shall stand dissolved;
(b) all colleges or institutions of whatever kind established, maintained or managed by any other university and affiliated to the University prior to the appointed day shall be deemed to be colleges or institutions established, maintained or managed by the University under this Act;
(c) all studies and examinations in relation to any college or institution referred to in clause (b), commenced and in progress before the appointed day, shall be deemed to be in progress as if they had been commenced by the University under this Act;
137 The Vidyasagar University Act, 1981.
[West Ben. Act (Chapter VIL—Miscellaneous and Transitory Provisions.— Section 58.)
(d) all things done or deemed to have been done, and all actions taken or deemed to have been taken and all appointments made in relation to any college or institution referred to in clause (b) under any law in force for the time being shall be deemed to be things done or actions taken or appointments made by the University under this Act as if this Act had been in force when such things were done or such actions were taken or such appointments were made:
Provided that until the appointed day reference to the Vice-Chancellor under any such law shall be deemed to be references to the first Vice-Chancellor under this Act.
(9) In construing the provisions of section 17, section 20, section 22 and section 24 and in construing the provisions of the Statutes, the Ordinances and the Regulations of the University in relation to the constitution. under this section, of the Court, the Executive Council, the Faculty Councils for post-graduate studies, the Councils for undergraduate studies and the Boards of Studies, references to the heads of departments of teaching of the University, the University Professors, University Readers, University Lecturers, and Teachers of the University shall be deemed to be references to the persons holding offices respectively as the heads of departments of teaching, Professors, Readers, Lecturers, and Teachers of the University, if any, immediately before the date of appointment of the first Vice-Chancellor.
(10) The provisions of this section shall have effect notwithstanding anything to the contrary contained elsewhere in this Act or in any other law.
The 58. (1) With effect from such date as the State Government may, by Vidyasagar notification in the Official Gazette, appoint, and until the appointed day, uni council. - all the powers and functions of the University, the Court, the Executive Council, the Faculty Councils for post-graduate studies, the Councils for undergraduate studies, the Boards of Studies, the Finance Committee and all other authorities to be constituted under this Act or the Statutes or the Ordinances shall, respectively, be exercised and performed by a Council to be known as the Vidyasagar University Council.
(2) The following shall be members of the Council:—
(i) the Chancellor;
(ii) the Vice-Chancellor;
(iii) the Secretary, Education Department, Government of West Bengal;
(iv) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Deputy Secretary to the Government of West Bengal;
138 The Vidyasagar University Act, 1981.
XVIII of 1981.1 (Chapter VII—Miscellaneous and Transitory Provisions.— Section 58.)
(v) the President, West Bengal Council of Higher Secondary Education;
(vi) the Director, Indian Institute of Technology, Kharagpur;
(vii) not less than fifteen and not more than twenty persons nominated by the Chancellor in consultation with the Minister from amongst the persons interested in University education, Principals and Teachers of affiliated colleges and Teachers of the University.
(3) The Registrar of the University shall act as the Secretary of the Council.
(4) The first Registrar, the first Finance Officer and such other officers of the University (including technical personnel) as may be required to be appointed from time to time shall be appointed by the Council on the recommendation of a Committee consisting of the Vice-Chancellor as Chairman, a nominee of the Council, a nominee of the Chancellor and a nominee of the State Government, and, subject to the supervision, direction and general control of the Vice-Chancellor, they shall exercise all the powers and perform all the duties conferred and imposed on them .
by or under this Act, or delegated to them by the Vice-Chancellor.
(5) The Council may, subject to the approval of the State Government, appoint such administrative, clerical and other staff (including technical staff) as it deems necessary for giving effect to the provisions of this section.
(6) The Council may, with the approval of the Chancellor, delegate any of its powers and functions to such body or bodies as may be constituted by it to carry on the functions of the Court, the Executive Council, the Faculty Councils for post-graduate studies, the Councils for undergraduate studies, the Boards of Studies, the Finance Committee and all other authorities to be constituted under the Act or the Statutes or the Ordinances:
Provided that such delegation shall not prevent the exercise of any such powers or discharge of any such functions by the Council.
(7) (a) (i) The Chancellor or, in his absence, the Vice-Chancellor shall preside at the meetings of the Council;
(ii) Twenty-five per cent. of the members of the Council shall be a quorum for a meeting of the Council;
(b) Twenty-five per cent. of the members of any body constituted by the Council shall be a quorum for a meeting of such body.
139 The Vidyasagar University Act, 1981.
[West Ben. Act XVIII of 1981.]
(Chapter VIL—Miscellaneous and Transitory Provisions.— Section 59.)
(8) No act or proceeding of the Council or of any body constituted by it shall be invalid or called in question by reason of the existence of any vacancy, initial or subsequent, in the Council or in any body constituted by the Council, as the case may be.
(9) The other provisions of this Act shall, if in conflict with the provisions of this section, stand modified to the extent provided in this section:
Provided that nothing in this sub-section shall affect the powers of the Chancellor or the Vice-Chancellor under this Act.
(10). Of a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation or expiry of the term of his office or otherwise, the same shall be filled up by the Chancellor in consultation with the Minister.
( I 1 ) Any vacancy in the Council occurring by reason of death, resignation or otherwise shall be filled up by the Chancellor in consultation with the Minister and the Vice-Chancellor, in so far as such filling up is not inconsistent with the provisions of the section.
(12) If, by reason of the other provisions of this Act, any difficulty arises in giving, effect to the provisions of this section, the Council shall refer such difficulty to the State Government which may make such order or do such thing, not inconsistent with the provisions of this section, as appears to it to be necessary or expedient for removing the difficulty.
59. If on account of any lacuna or omission in the provisions of this Removal of Act, or for any other reason whatsoever, any difficulty arises as to the difficulties.
first constitution of any authority of the University under the Act, or otherwise in giving effect to the provisions of this Act, the State Government, as occasion may require, may by order do anything which appears to it to be necessary for the purpose of removing the difficulty notwithstanding anything to the contrary contained elsewhere in this Act or in any other law.
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