THE RABINDRA BHARATI ACT, 1981
West Bengal Act 36 of 1981
[26th October, 1981]
Assent of the Governor first published in the Calcutta Gazette, Extraordinary, dated the 26th October, 1981.
An Act to provide for the reconstitution of the University known as Rabindra Bharati and for certain matters incidental thereto and connected therewith.
Whereas it is expedient to reconstitute the University known as Rabindra Bharati to encourage in conformity with the ideas and thoughts of Rabindranath Tagore, the integration of cultural heritage of the nation consistent with its linguistic and socio-economic history and to enable it to function more efficiently as a University encouraging and providing for instruction, teaching, training and research in various branches of learning and courses of study, promoting advancement and dissemination of knowledge and learning, and extending higher education, to meet the growing needs of society and to make the constitution of various authorities or bodies of the University more democratic;
It is hereby enacted as follows :-
Chapter I
Preliminary
1. Short title and commencement. - (1) This Act may be called the Rabindra Bharati Act, 1981.
(2) This section and section 55 shall come into force at once; and the remaining provisions of this Act shall come into force on such date or dates as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context, -
(1) "the Academy" means the Academy of Dance, Drama and Music, initially established and sponsored by the Government of West Bengal and subsequently taken over by the University, including its properties, movable and immovable, and other assets and liabilities, and deemed to be a part of the University;
(2) "affiliated" in relation to a college or an institution or a centre means affiliated to the University known as Rabindra Bharati as constituted prior to the appointed day and continuing as such immediately before such day or affiliated to the University under this Act;
(3) "appointed day" means the date referred to in sub-section (5) of section 55;
(4) "college" means a college established or maintained by, or affiliated to the University;
(5) "convocation" means a meeting of the Court for the purpose of conferring degrees, titles, diplomas, certificates or other academic distinctions;
(6) "employee" in relation to the University means any person employed by the University;
(7) "financial year" means the year ending on the 31st day of March;
(8) "Government College" means a college maintained and managed by the State Government;
(9) "Governor" means the Governor of the State of West Bengal;
(10) "hall" or "hostel" means a unit of residence for students, teachers, officers or non-teaching staff recognised by the University;
(11) "institution" means a school, centre of culture, museum, library or any other organisation, by whatever name called, for training, instruction, research or study in all or any of the following subjects, namely, dance, drama, music and visual arts;
(12) "Librarian" in relation to the University or a college, institution or centre affiliated to the University means a Librarian or a Deputy Librarian or an Assistant Librarian or any other person discharging the functions of a Librarian on whole-time basis, by whatever name called, appointed or recognized as such by the University;
(13) "Minister" means the Minister-in-charge of Higher Education appointed as such by the Governor;
(14) "non-teaching staff' in relation to the University or a college, institution or centre affiliated to the University means the nonteaching staff, not holding any teaching post (including part-time teaching post), appointed or recognized as such by the University, and includes technical staff but does not include a Librarian or an officer.
Explanation. - "Technical staff" shall mean the staff holding any technical post, by whatever name called, appointed or recognizfed as such by the University;
(15) "prescribed" means prescribed by Statutes, Ordinances, Regulations or Rules made under this Act;
(16) "Principal" means the head of an institution, by whatever name called;
(17) "Rabindra Bharati Society" means the Society, by whatever name called, registered under the Societies Registration Act, 1860 under the name and style of Rabindra Bharati on the 15th January, 1947, and having its office in the campus of the University;
(18) "registered graduate" means a graduate registered under this Act, at least three months prior to the date of election of members to the Court, on application in the prescribed form and on payment of a fee of one rupee:
Provided that no person shall be eligible to be registered under this Act unless he has graduated himself from the University at least three years prior to the date of election of members to the Court;
[(18a) "State Government" means the Government of West Bengal in the Higher Education Department;]
(19) "Statutes", "Ordinances", "Regulations" and "Rules" mean respectively, the Statutes, Ordinances, Regulations and Rules of the University made under this Act;
(20) "Students' Union" in relation to the University or a college, institution or centre affiliated to the University means a students' Union constituted in the manner prescribed;
[(21) "Teacher" means [a Principal, Professor, Associate Professor, Reader, Assistant Professor], Demonstrator, Tutor, Inspector, Accompanist or any other person, either whole-time or part-time, imparting instruction or conducting research or assisting in the teaching of music or dance by providing instrumental or vocal accompaniment, in the University or in any college, institution or centre affiliated to the University;]
[(22) "Teacher of the University" means a Professor, Associate Professor, Reader Assistant Professor, or any other person, holding a teaching post including a part-time teaching post, appointed or recognized as such by the University.]
(23) "University" means the University known as Rabindra Bharati, as constituted under this Act;
(24) "University Library", "University Museum" or "University Institution" means a library, a museum or an institution, as the case may be, maintained and managed by the University, whether established by it or not.
Chapter II
The University and its officers
3. The University. - (1) The Chancellor and the Vice-Chancellor of the University and the members of the Court and the Executive Council, for the time being, shall constitute a body corporate by the name of the Rabindra Bharati.
(2) The University shall have perpetual succession and a common seal and shall sue and be sued by the name of Rabindra Bharati.
4. Powers of the University. - The University shall have the following powers, namely :-
(1) to encourage, in conformity with the ideas and thoughts of Rabindranath Tagore, integration of cultural heritage of the nation consistent with its linguistic and socio-economic history, to provide for instruction, teaching, training and research and to promote the advancement and dissemination of knowledge and learning, and the extension of higher education in all branches of humanities and, in particular, in dance, drama, music and visual arts;
(2) to establish, maintain or manage colleges, libraries, museums and such other institutions, institutes or centres for study and research as it may deem necessary;
(3) to affiliate to itself or to recognize colleges, institutions, institutes or centres in respect of all or any of the following subjects, namely, dance, drama, music and arts, and, but not in respect of any other branch of humanities or any branch of science, and to disaffiliate a college, institution, institute or centre in such subject or subjects or to withdraw such affiliation or recognition;
(4) to prescribe for colleges, other than Government Colleges, -
(a) the constitution, powers and functions of their Governing Bodies, and
(b) with the approval of the State Government, -
[(i) the terms and conditions of service of Teachers, Librarians and non-teaching staff, and]
(ii) rules for Provident Funds;
(5) to prescribe for colleges the rules for Teachers' Councils;
(6) to provide for the inspection, or investigation into the affairs, of colleges, institutions, institutes or centres affiliated to or recognised by it and to exercise general supervision and control over them;
(7) to take over for a period not exceeding twelve months the management of any college, institution or institute affiliated to, or recognized by the University, other than a Government College or institution, in order to ensure that proper standard of teaching, training or instruction is maintained therein:
Provided that the University may, if it considers necessary so to do, extend such period so, however, that the aggregate period shall not exceed eighteen months;
(8) to dissolve the Governing Body of any affiliated college, institution or institute, other than a Government College, and pending reconstitution of the Governing Body thereof in such manner as may be prescribed, to appoint an Administrator or an ad hoc Governing Body.
Provided that the reconstitution of the Governing Body shall be made within a period of twelve months from the date of its dissolution:
Provided further that the University may, if it considers necessary so to do, extend such period so, however, that the aggregate period shall not exceed, eighteen months;
(9) to institute and make appointment to Professorship, Readership, Lectureship and other posts required by the University for the purpose of imparting instruction or conducting research in the University;
(10) to create posts, as and when required, of officers and other employees of the University besides those provided for in this Act and to appoint persons to such posts;
(11) to prescribe, subject to the provisions of this Act, the constitution, powers and duties of the Boards of Studies, the Finance Committee, and other bodies;
(12) to prescribe the powers and duties of officers of the University;
(13) to prescribe, subject to the provisions of this Act, the terms and conditions of service, including the rules of conduct and discipline, and the emoluments for all posts of teachers, officers and other employees of the University;
(14) to make provisions for provident and other funds for the employees of the University;
(15) to institute degrees, titles, diplomas, certificates and other academic distinctions;
(16) to hold examinations and to confer degrees; titles, diplomas, certificates and other academic distinctions on persons who -
(a) shall have pursued an approved course of study in the University or in an affiliated college, institution, institute or centre unless exempted therefrom in the manner prescribed, and shall have passed the prescribed examinations of the University, or
(b) shall have carried on research under conditions prescribed;
(17) to withdraw or to cancel degrees, titles, diplomas, certificates or other academic distinctions under such conditions as may be prescribed by Statutes and after giving the person affected a reasonable opportunity to present his case;
(18) to confer honorary degrees or other academic distinctions under conditions prescribed;
(19) to prescribe, demand and receive fees, fines and other charges 'for examinations and other purposes;
(20) to establish, maintain, manage or recognize halls, hostels and other places of residence for the students, teachers, officers or non-teaching staff of the University, to withdraw such recognition, and to take over the management and maintenance of the existing halls, hostels or places of residence recognized by the University, with the consent of the authorities thereof;
(21) to provide for the promotion of health and welfare of students and of discipline among them;
(22) to conduct, co-ordinate, regulate and control the post-graduate research work and teaching in the University, the affiliated college and the institutions and centres affiliated to, or recognized by, the University;
(23) to make grants to the National Cadet Corps and the National Service Scheme from the University Fund;
(24) to enter into an agreement with the State Government or with the approval of the State Government with any other Government or with any person, body or authority for the taking over by the University of the management of any college, institution or centre, including its assets and liabilities, or for any other purpose not repugnant to the provisions of this Act;
(25) to acquire, hold and dispose of property, movable and immovable, and to make grants and advances for furthering any of its objects;
(26) to accept and administer gifts, endowments and benefactions, for the furtherance of any of its objects for the University or on behalf of any college or institution established by, affiliated to, or recognized by the University;
(27) to institute awards, fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes;
(28) to accept grants from the Central or any State Government or the University Grants Commission and, with the approval of the State Government, also from other sources, to raise loans, or to accept loans from the Central or the State Government or the University Grants Commission and from other sources:
Provided that raising of loans and acceptance of loans from other sources shall require the approval of the State Government;
(29) to co-operate with other universities, institutions and educational authorities in matters that relate to aid further educational objectives of the University;
(30) generally to do all such acts and things as may be necessary or desirable for, or incidental to, the advancement of the objects or purposes of the University.
5. Jurisdiction of the University. - (1) Save as otherwise provided in this Act, the local limits of jurisdiction of the University (hereinafter referred to as the territorial limits of the University) shall extend to the whole of West Bengal.
(2) Notwithstanding anything in sub-section (1), the powers of the University conferred by or under this Act shall not extend to any college, institution or centre which, for the time being, is included within the local limits of jurisdiction of any other university established by law within West Bengal and already affiliated to it.
(3) Notwithstanding anything contained in sub-section (1), any college, institution or centre situated outside the territorial limits of the University may, with the sanction of me State Government, apply to the University for affiliation in respect of all or any of the subjects referred to in clause (3) of section 4 and the University may, subject to such conditions and restrictions as it may with the approval of the State Government think fit to impose, affiliate to itself such college, institution or centre and admit the same to all the privileges of the University.
6. Delegation of powers to subordinate authorities. - The University may delegate such of its powers as it may deem expedient to any of its authorities constituted under section 16 or to any, of its officers, and may, at any time, withdraw at its discretion any power so delegated.
7. Officers of the University. - The following shall be the officers of the University :-
(1) The Vice-Chancellor;
(2) The Registrar;
(3) The Finance Officer;
(4) persons holding such other posts as may be declared by Statutes to be posts of officers of the University.
8. The Chancellor. - (1) The Governor shall, by virtue of his office, be the Chancellor of the University. He shall be the head of the University and the President of the Court and shall, when present, preside at the meetings of the Court.
(2) The Chancellor shall exercise such powers as may be conferred on him by or under the provisions of this Act.
(3) Where power is conferred upon the Chancellor to make nominations to any authority or body of the University, the Chancellor shall, to the extent necessary, nominate persons to represent interests not otherwise adequately represented.
(4) Every proposal to confer any honorary degree shall be subject to confirmation by the Chancellor.
[9. The Vice-Chancellor. - (1) (a) The Vice-Chancellor shall be appointed from the persons of the highest level of competence, integrity, morals and institutional commitment. The Vice Chancellor shall be a distinguished academic with a minimum of ten years of experience in a University system of which at least 5 years shall be as Professor or ten years of experience in a reputed research or academic administrative organization of which at least 5 years shall be in an equivalent position of Professor.
(b) The Vice Chancellor shall be appointed by the Chancellor out of the panel of three names recommended in order of preference by the Search Committee constituted by the State Government. While preparing the panel, the Search Committee must give proper weightage to academic excellence, exposure to the higher education system in the country and abroad and adequate experience in academic and administrative governance and reflect the same in writing while submitting the panel to the Chancellor.
(c) The Search Committee shall consist of the following Members:-
(i) a nominee of the Chancellor, who shall be the Chairperson of the Committee;
(ii) a nominee of the Chairman, University Grants Commission;
(iii) a nominee of the Court:
Provided that all such Members shall be persons of eminence in the sphere of higher education and shall not be connected in any manner with the University or colleges or institutions affiliated with the University or recognized by it.
(2) (a) The Vice-chancellor shall hold office for a term of four years or till he attains the age of sixty-five years, whichever is earlier, and shall be eligible for reappointment for another term of four years or till he attains the age of sixty-five years, whichever is earlier, following the provisions of sub-section (1).
(b) The Chancellor may, notwithstanding the expiration of the term of the office of the Vice-Chancellor or his attaining the age of sixty-five years, allow him to continue in office till a successor assumes office, provided that he shall not continue as such for any period exceeding six months.
(3) The Vice-Chancellor shall be a whole-time officer of the University and shall be paid from the University Fund such salary and allowances as the Chancellor may decide in consultation with the State Government.
(4) The Vice-Chancellor may resign his office by writing under his hand addressed to the Chancellor.
(5) If-
(a) the Vice-Chancellor is, by reasons of leave, illness or other cause, temporarily unable to exercise the powers and perform the duties of his office, or
(b) a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation, removal, expiry of term of his office or otherwise,
then, during the period of such temporary inability or pending the appointment of a Vice-Chancellor, as the case may be, the Chancellor in consultation with the Minister may appoint a person to exercise the powers and perform the duties of the Vice-Chancellor.
(6) The vacancy in the office of the Vice-Chancellor occurring by reason of death, resignation, expiry of the term of his office, removal or otherwise shall be filled up by appointment of a Vice-Chancellor in accordance with the provisions of sub-section (1) within a period of six months from the date of occurrence of the vacancy, and such period shall be held to include any period for which a Vice-Chancellor is allowed to continue in office under clause (b) of sub-section (2), or a person is appointed by the Chancellor in consultation with the Minister to exercise the powers and perform the duties of the Vice-Chancellor under sub-section (5).
(7) The Vice-Chancellor may be removed from his office by the Chancellor if he is satisfied that the incumbent,-
(a) has become insane and adjudged by a competent court to be of unsound mind; or
(b) has become an undischarged insolvent and stands so declared by a competent Court; or
(c) has been physically unfit and incapable of discharging function due to protracted illness or physical disability; or
(d) has willfully omitted or refused to carry out the provisions of this Act or has committed breach of any of the terms and conditions of the service contract or has abused or misused the powers vested in him or if the continuance in the office of the Vice Chancellor is detrimental to the interest of the University; or
(e) has been proved to be guilty of criminal breach of trust or criminal negligence or gross financial irregularity or impropriety or gross negligence of duty; or
(f) has shown incompetence to perform or has persistently made default in the performance of the duties imposed on him by or under this Act; or
(g) has been convicted by a court for any offence within the concept and meaning of the Code of Criminal Procedure, 1973; or 2 of 1974.
(h) is a member of, or otherwise associated with, any political party or acts in any partisan manner while in office.
Explanation. - For the purpose of this sub-clause, whether any party is a political party or any association is a political association or any act of the Vice Chancellor is partisan, decision of the Chancellor thereon shall be final:
Provided that the Vice-Chancellor shall be given a reasonable opportunity to show cause by the Chancellor before taking recourse for his removal under clauses (d), (e), (f), (g) and (h).]
10. Powers and duties of the Vice-Chancellor. - (1) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall, in the absence of the Chancellor, preside over the meeting of the Court. He shall, by virtue of his office, be a member and the Chairman of the Executive Council and the Faculty Councils and also the Chairman of any other authority or body of the University of which he may be a member. He shall also be entitled to be present at and to address any meeting of any other authority or body of the University of which he may not be a member, but shall not be entitled to vote thereat.
(2) The Vice-Chancellor shall have the power to convene meetings of the Court, the Executive Council, the Faculty Councils and of any other authority or body of the University.
(3) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act, and the Statutes, the Ordinances, the Regulations and the Rules are faithfully observed, and to take such action as may be necessary for this purpose.
(4) The Vice-Chancellor shall have the power to exercise general control and supervision over all other officers of the University and over all Teachers and other employees of the University and generally over all the affairs of the University.
(5) The Vice-Chancellor shall exercise such other powers and discharge such other duties as may be delegated to him by any authority or body of the University or as may be prescribed by Statutes, Ordinances, Regulations or Rules.
(6) The Vice-Chancellor may take on behalf of the University such action as he may deem expedient in any matter which, in his opinion, is either urgent or of an emergent nature and shall report the same for confirmation at the next meeting of the authority or body which, in the ordinary course, would have dealt with the matter:
Provided that if the action taken by the Vice-Chancellor is not approved by the authority or body concerned, the matter shall immediately be referred to the Chancellor whose decision thereon shall be final.
(7) The Vice-Chancellor may, with the approval of the Executive Council, at any time delegate any of his powers other than the powers referred to in sub-section (6) to any other officer subordinate to him.
11. The Registrar. - (1) The Registrar shall be a whole-time officer of the University. He shall be appointed by the Executive Council on the recommendation of a Committee consisting of the Vice-Chancellor as Chairman, two nominees of the Executive Council, a nominee of the Chancellor and a nominee of the State Government, for such period and on such terms and conditions as may be prescribed by Statutes.
(2) The Registrar may resign his office by writing under his hand addressed to the Vice-Chancellor.
(3) If the Registrar is for any reason temporarily unable to exercise the powers or perform the duties of his office, the Vice-Chancellor may, subject to the approval of the Executive Council, appoint a Teacher of the University or an officer of the University, temporarily for a total period not exceeding six months, to exercise the powers and perform the duties of the Registrar.
12. Powers and duties of the Registrar. - Subject to the supervision, direction and general control of the Vice-Chancellor, the Registrar shall act as the Secretary of the Court as also of the Executive Council and shall exercise such powers and perform such duties as may be prescribed, or delegated to him by or under this Act and the Statutes, the Ordinances or the Regulations, as the case may be.
13. The Finance Officer. - (1) The Finance Officer shall be a wholetime officer of the University and shall be appointed by the Executive Council on the recommendation of a Committee of the Vice-Chancellor as Chairman, two nominees of the Executive Council, a nominee of the Chancellor and a nominee of the State Government, for such period and on such terms and conditions as may be prescribed by Statutes.
(2) The Finance Officer may resign his office by writing under his hand addressed to the Vice-Chancellor.
(3) If the Finance Officer is for any reason temporarily unable to exercise the power, and perform the duties of his office the Vice-Chancellor may, subject to the approval of the Executive Council appoint a person temporarily for a total period not exceeding six months, to exercise the powers and perform the duties of the Finance Officer.
14. Powers and duties of the Finance Officer. - (1) Subject to the supervision, direction and general control of the Vice-Chancellor, the Finance Officer shall be in charge of the administration of the funds, the finances and the properties and assets of the University and of all trusts and endowments; and he shall take special interest in activities that aim at raising funds for the purposes of the University and augmenting the resources of the University.
(2) The Finance Officer shall exercise such other powers and perform such other duties as may be prescribed, or delegated to him by or under this Act and the Statutes, the Ordinances or the Regulations, as the case may be.
15. Supervisory powers of the Registrar and the Finance Officer. - In their respective spheres of duties, the Registrar and the Finance Officer shall, subject to the provisions of this Act, have the power of supervision and control over all officers and employees serving in departments under their charge and shall exercise such disciplinary power as may be conferred on them by or under this Act and the Statutes, the Ordinances or the Regulations, as the case may be.
Chapter III
Authorities of the University.
16. Authorities. - The following shall be the authorities of the University :-
(1) the Court;
(2) the Executive Council;
(3) the Faculty Councils:
(4) the Board of Studies;
(5) the Finance Committee;
(6) such other authorities as may be established under the Statutes.
[17. The Court. - (1) The Court shall consist of the following members:--
(a) Ex officio members-
(i) the Chancellor;
(ii) the Vice Chancellor;
(iii) the Deans of Faculty Councils for Post-Graduate and Undergraduate Studies;
(iv) the Secretary, Higher Education Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(v) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(vi) the Chairman, West Bengal State Council of Higher Education or his nominee;
(vii) the President, West Bengal Council of Higher Secondary Education;
(viii) the President, West Bengal Madrasah Education Board;
(ix) the President, West Bengal Board of Secondary Education;
(x) a nominee of the Chairman of University Grants Commission;
(xi) a nominee of the Chairman of All India Distance Education Council;
(xii) a nominee of the Chairman of National Council for Teachers' Training;
(b) Representatives of Departments-
(xiii) Heads of Departments of the University;
(xiv) five teachers, of whom at least two shall be Professors, elected by the teachers of the Departments under the Faculty Council for Post-Graduate and Undergraduate Studies in Fine Arts from amongst themselves as may be prescribed by Statutes;
(xv) five teachers, of whom at least two shall be Professors, elected by the teachers of the Departments under the Faculty Council for Post-Graduate and Undergraduate Studies in Visual Arts from amongst themselves as may be prescribed by Statutes;
(xvi) five teachers, of whom at least two shall be Professors, elected by the teachers of the Departments under the Faculty Council for Post-Graduate Studies in Arts from amongst themselves as may be prescribed by the Statutes;
(xvii) one representative of officers of the University, elected from amongst themselves in the manner as may be prescribed by the Statutes;
(xviii) one representative of non-teaching employees elected from amongst themselves in the manner as may be prescribed by the Statutes.
(c) Nominated Members-
(xix) not more than five persons to be nominated by the Chancellor from amongst the persons interested in University education:
Provided that no employee of the University or Institution affiliated with the University or recognized by it shall be eligible to be a member;
(d) Special Invitee-
(xx) any official or expert in any field or eminent educationist, whom the University may require for advice, consultation or assistance, may be invited to attend the meeting:
Provided that not more than one official or expert or eminent educationist may be invited in a meeting at a time.
(2) A member of the Court shall hold office for a period of four years, if not expressly provided otherwise in sub-section (1). Any vacancy among the members of the Court shall be filled up immediately by the concerned authority.
(3) No act or proceedings of the Court or of any body constituted by the Court shall be invalid or called in question by reason of the existence of any vacancy, initial or subsequent, in the Court or in any body constituted by the Court, as the case may be.]
18. Powers and functions of the Court. - (1) Subject to such conditions as may be provided by or under the provisions of this Act, the Court shall exercise the following powers and perform the following functions :-
(i) to establish University Departments, institutions, institutes, centres, libraries and museums for study and research;
(ii) to create and institute, with the approval of the State Government, Professorships, Readerships, Lectureships, and such posts including posts of officers as may be necessary for the establishment of the University Departments, institutions, institutes, centres, libraries and museums referred to in clause (i).
(iii) to institute degree, title, diplomas, certificates and other academic distinctions;
(iv) to institute fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes to be awarded out of the University Fund;
(v) to confer degrees, titles, diplomas, certificates and other academic distinctions on persons who -
(a) have pursued prescribed courses of studies or have been exempted therefrom in the manner prescribed, and have passed such examinations as may be prescribed, or
(b) have carried on research in accordance with such conditions as may be prescribed;
(vi) to withdraw or to cancel degrees, titles, diplomas, certificates of other academic distinctions under such conditions as may be prescribed by Statutes and after giving the person affected a reasonable opportunity to present his case;
(vii) to confer honorary degrees or other academic distinctions;
(viii) to consider the Annual Statement of Accounts, the Audit Report in respect of the Annual Statement of Accounts, the Internal Audit Report and the Annual Budget approved by the Executive Council and to pass such resolutions relating thereto as may be considered necessary:
Provided that for the purpose of passing a resolution adopting, modifying or rejecting the Annual Budget, it shall be necessary for a majority of the total membership of the Court to vote in favour of the resolution;
(ix) to consider the Annual Report as prepared by the Executive Council and to pass such resolutions relating thereto as may be considered necessary;
(x) to consider, and advise on, such other reports from the Executive Council or any other body as may be made to it;
(xi) to consider, and advise on, proposals from the Executive Council for entering into agreement with the Government or, with the approval of the State Government, with any person, body or authority for the taking over by the University of the management of any affiliated or recognised college, institution or institute other than a Government College, including its a, sets and liabilities, or for any other purpose not repugnant to the provisions of this Act;
(xii) to consider, and advise on, proposals from the Executive Council for co-operation with other universities, institutions and educational authorities in matters that relate to or further the educational objectives of the University;
(xiii) to consider and suggest measures for the improvement of the administration and finances of the University, and generally for the furtherance of its objectives;
(xiv) to make rules for the transaction of its own business;
(xv) to exercise all other powers and perform all other functions conferred and imposed on the Court by or under this Act.
(2) The Court shall not exercise the powers and perform the functions referred to in clauses (i) to (vii) of sub-section (1) except on the recommendation of the Executive Council, but may send proposals in respect thereof to the Executive Council for its recommendation.
(3) The Court shall have the power to review the action of the Executive Council, save where the Executive Council has acted in accordance with the powers conferred on it by or under this Act:
Provided that if any question arises as to whether the Executive Council has acted in accordance with the powers conferred on it by or under this Act, the matter shall be decided by reference to the Chancellor whose decision shall be final.
19. Meeting of the Court. - (1) The Court shall meet at least thrice in a financial year, other than for convocation, on date to be fixed by the Vice-Chancellor. One of such meetings shall be held before March and shall be called the Annual Meeting. The Court may also meet at such other times as it may, from time to time, decide.
(2) One-third of the total number of members of the Court plus one shall be a quorum for a meeting of the Court:
Provided that such quorum shall not be required at a convocation.
(3) The Vice-Chancellor may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than one-third of the total number of members of the Court, convene a meeting of the Court. A meeting on such requisition shall be held within fifteen days of the receipt of the requisition by the Vice-Chancellor.
[20. The Executive Council. - (1) the Executive Council shall consist of the following members:—
(a) Ex officio Members—
(i) the Vice Chancellor;
(ii) the Secretary, Higher Education Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(iii) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(iv) the Chairman, West Bengal State Council of Higher Education or his nominee;
(v) the Deans of the Faculty Councils;
(vi) the Principal, Indian College of Arts and Draftsmanship, Kolkata;
(vii) the Director, Indian Museum, Kolkata;
(b) Other Members—
(viii) twelve Heads of Departments, by rotation for one year in alphabetical order of the Department;
(ix) three teachers, of whom at least one shall be Professor, elected by the teachers of the Departments under the Faculty Council for Post-Graduate and Undergraduate Studies in Fine Arts from amongst themselves as may be prescribed by Statutes;
(x) three teachers, of whom at least one shall be Professor, elected by the teachers of the Departments under the Faculty Council for Post-Graduate and Undergraduate Studies in Visual Arts from amongst themselves as may be prescribed by Statutes;
(xi) three teachers, of whom at least one shall be Professor, elected by the teachers of the Departments under the Faculty Council for Post-Graduate Studies in Arts from amongst themselves as may be prescribed by Statutes;
(xii) two persons nominated by the Chancellor interested in University education:
Provided that no employee of the University or of a College or Institution affiliated with the University or recognized by it shall be eligible to be a member.
(2) A member of the Executive Council shall hold office for a period of four years, if not expressly provided otherwise in sub-section (1). Any vacancy among the members of the Executive Council shall be filled up immediately by the concerned authority.
(3) No act or proceedings of the Executive Council or of anybody constituted by the Executive Council shall be invalid or called in question by reason of the existence of any vacancy, initial or subsequent, in the Executive Council or in any body constituted by the Executive Council, as the case may be.
(4) One-third of the total number of members shall be a quorum for a meeting of the Executive Council.]
21. Powers and functions of the Executive Council. - Subject to the provisions of this Act, the Executive Council shall exercise the following powers and perform the following functions :-
(i) to initiate proposals for the making of Statutes and Ordinances including proposals for amendment or repeal thereof, in the manner hereinafter provided;
(ii) to recommend to the Court, after consulting the respective Faculty Councils, the establishment of University Departments, institutions, institutes, centres, libraries and museums for study and research;
(iii) to maintain University Departments, University Institutions, University libraries and University museums;
(iv) to establish, maintain, manage and recognize halls and hostels;
(v) to direct the inspection of University libraries. University museums, halls and hostels;
(vi) to recommend to the Court, after consulting the respective Faculty Councils, the institution of fellowships, travelling fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes, the expenses of which shall be met from the University Fund, and to award the same after institution thereof by the University;
(vii) to recommend to the Court, after consulting the respective Faculty Councils, the creation and institution of Professorships, Readerships, Lectureships and such posts as may be necessary for the establishment of the University Departments, institutions, institutes, centres, libraries and museums referred to in clause (i) of sub-section (1) of section 18;
(viii) to create, with the approval of the State Government, posts of officers, Teachers and other employees of the University or to recommend to the Court for creation of posts of officers and Teachers of the University;
(ix) to prescribe the minimum qualifications for posts of officers, Teachers and other employees of the University;
(x) to appoint [* * *], officers and other employees of the University and to fix their emoluments and define their duties and other terms and conditions of service in accordance with the Statutes and the Ordinances and to suspend, discharge or otherwise punish in accordance with the Statutes and the Ordinances such [* * *], officers and other employees;
(xi) to pass appropriate orders after considering the recommendation of the respective Faculty Council regarding affiliation of a college, institution, institute or centre in one or more subjects or withdrawal of affiliation or recognition of a college, institution, institute or centre or temporary take over of the management of an affiliated or a recognized college, institution, institute or centre;
(xii) to make draft of Statutes, on the recommendation of the respective Faculty Council, for colleges, other than Government Colleges, prescribing the constitution, powers and functions of their Governing Bodies;
[(xiii) to determine, with the approval of the State Government, the terms and conditions of service of Teachers, Librarians and non-teaching staff of colleges other than Government Colleges;]
[(xiv) to make rules tor Teachers Council tor colleges and, with the approval of the State Government, rules for provident fund for colleges other than Government Colleges;]
(xv) to prescribe and collect fees or charges for the registration of students and their admission to courses of studies organised by the University for holding examinations, for the grant of degrees, diplomas and certificates, and for other like purposes;
(xvi) to recommend to the Court, after consulting the respective Faculty Councils, the institution of degrees, titles, diplomas, certificates and other academic distinctions;
(xvii) to recommend to the Court, on the advice of the appropriate body, the conferment of degrees, titles, diplomas, certificates and other academic distinctions on persons who have pursued the prescribed courses of studies or have been exempted therefrom in the prescribed manner, and have passed such examinations, or have carried on research under such conditions, as may be prescribed;
(xviii) to recommend to the Court the conferment of honorary degrees and other academic distinctions;
(xix) to approve the constitution or reconstitution of the respective department of teaching in the University on the recommendation of the respective Faculty Council;
(xx) to make regulations regarding the courses of studies and the division of subjects after obtaining and considering the recommendation of the Faculty Councils in this regard;
(xxi) to make regulations regarding the examinations which shall be recognised as the equivalent examinations held by the University;
(xxii) to make regulations regarding the conduct of examinations held by the University and the conditions under which students may be admitted to the different courses of studies and the examinations held by the University;
(xxiii) to make regulations regarding all other matters which may be or are required to be prescribed or provided for by regulations;
(xxiv) to provide for co-operation and reciprocity among colleges, institutions, and centres and the University so as to foster the development of academic life and to ensure the fullest utilisation of the teaching resources available on the recommendation of the respective Faculty Council;
(xxv) to give directions regarding the form, custody and use of the common seal of the University;
(xxvi) to acquire, hold and dispose of properly, movable and immovable, and to administer all assets, properties and funds of the University, and to undertake all measures necessary or desirable for the conservation or augmentation of the resources of the University:
Provided that for the purpose of disposing of any property valued at not less than one lakh of rupees, previous approval of the Court shall be necessary;
(xxvii) to accept and administer gifts, endowments and benefactions for the furtherance of the purposes of this Act;
(xxviii) to accept grants and with the approval of the State Government, to raise or accept loans on behalf of the University and to make grants or advances from the University Fund or other special funds maintained by the University;
(xxix) to enter into an agreement with the State Government or with the approval of the State Government with any other Government or with any person, body or authority for the taking over by the University of the management of any college, institution, institute or centre, including its assets and liabilities, or for any other purpose not repugnant to the provisions of this Act on the recommendation of the Faculty Council concerned;
(xxx) to manage the Press Establishment, the Publication Bureau and the Employment Bureau of the University, if any, and to exercise general supervision over Students' Unions, University Extension Boards, University Sports Board and other bodies instituted by the University;
(xxxi) to approve the Annual Statement of Accounts, the Audit Report in respect of the Annual Statement of Accounts, the Internal Audit Report and the Annual Budget of the University and to submit the same to the Court for consideration;
(xxxii) to prepare the Annual Report and submit the same to the Court for consideration;
(xxxiii) to make due provisions for the health, welfare, residence and discipline of students and their relationship with the University and to provide for such other training of students as may be considered desirable;
(xxxiv) to co-operate with other universities, institutions, associations, societies or bodies on such terms and for such purposes, not inconsistent with the purposes of this Act, as it may determine;
(xxxv) to make rules for the transaction of its own business;
(xxxvi) to exercise all other powers and perform all other functions conferred and imposed on the Executive Council by or under this Act;
(xxxvii) to exercise general supervision over the Faculty Councils and give such directions to these Councils for the due discharge of their respective duties as it may consider necessary.
22. The Faculty Councils. - (1) There shall be the following Faculty Councils :-
(a) the Faculty Council for post-graduate and undergraduate studies in Fine Arts;
(b) the Faculty Council for post-graduate and undergraduate studies in Visual Arts;
(c) the Faculty Council for post-graduate studies in Arts;
(2) Each Faculty Council shall consist of the following members :-
(i) the Vice-Chancellor - Chairman;
(ii) the Head or Heads of the Department or Departments concerned;
(iii) the Professor or Professors of the Department or Departments concerned;
[(iv) one or more than one teacher shall be elected by the teachers of each Department of the faculty council from amongst themselves in the following manner:—
(i) one Professor from a Department if total number of teachers in it does not exceed five;
(ii) one Professor and one Associate Professor from a Department if total number of teachers in it does not exceed ten;
(iii) two Professors and one Associate Professor from a Department if total number of teachers in it does not exceed twenty;
(iv) two Professors and two Associate Professors from a Department if total number of teachers in it exceeds twenty;]
(v) two persons having special knowledge in the subject or subjects concerned nominated by the Vice-Chancellor.
[(vi) one student representative, pursuing Undergraduate studies in the University and another student representative pursuing Post-Graduate studies in the University, to be elected by such undergraduate and Post-Graduate students, respectively, from amongst themselves in the manner as may be prescribed by the Statutes;
(vii) one research scholar pursuing research in the University to be elected by research scholars from amongst themselves in the manner as may be prescribed by the Statutes.]
(3) The Faculty Council for post-graduate and undergraduate studies in Visual Arts shall have, in addition, the following member, namely :-
the Principal, Indian College of Arts and Draftsmanship, Calcutta.
(4) Each Faculty Council shall have a Secretary to be appointed by the Executive Council.
(5) One-third of the total number of members of a Faculty Council plus one shall be a quorum for a meeting of the Faculty Council.
23. Powers and functions of the Faculty Council. - Subject to the provisions of this Act, and the Statutes, the Ordinances and the Regulations, a Faculty Council shall exercise the following powers and perform the following functions :-
(i) to make proposals to the Executive Council for the establishment of the University Departments, institutions, institutes, centres, libraries and museums for study and research to be maintained by the University;
(ii) to recommend to the Executive Council the affiliation of a College, institution or institute in one or more subjects;
(iii) to recommend to the Executive Council the creation and institution of Professorships, Readerships, Lectureships and other teaching posts and the duties and emoluments thereof;
(iv) to make proposals to the Executive Council for the promotion of research, and through special committees, if any, constituted for the purpose, to call for reports on such research work from persons engaged therein, and to make recommendations to the Executive Council thereof;
(v) to recommend to the Executive Council the minimum qualifications for the posts of Teachers of the University;
(vi) to make proposals to the Executive Council regarding provisions to be made for enabling the University to undertake specialization of studies and for organisation of libraries, museums, institutes of research and other institutions or institutes, maintained by the University;
(vii) to make proposals to the Executive Council for constituting or reconstituting the departments of teaching in the University;
(viii) to make provisions for lectures and instructions for students of affiliated colleges, institutions, institutes and University Departments and also for other persons who are not such students;
(ix) to advise the Executive Council on the institution of degrees, titles, diplomas, certificates and other academic distinctions;
(x) to fix the date of commencement of, and to hold and conduct, subject to general supervision by the Executive Council, University examinations at the post-graduate and undergraduate stages and to approve and publish the results thereof in accordance with the regulations made in this behalf;
(xi) to provide for the inspection or the investigation into the affairs of University Departments and submit report to the Executive Council;
(xii) to provide for the inspection or the investigation into the affairs of the affiliated college, institutions or institutes recognised by the University and submit report to the Executive Council and to exercise general supervision and control over them.
(xiii) to have general supervision over the Boards of Studies attached to the Faculty Council;
(xiv) to frame rules relating to the courses of post-graduate and undergraduate studies and division of subjects in regard thereto and to recommend to the Executive Council the making of regulations in this behalf;
(xv) to recommend to the Executive Council the disaffiliation or withdrawal of affiliation of any college, institution or institute in respect of any subject or subjects, if on receipt of written report from a team of Inspectors appointed by the University, the Faculty Council is of opinion that proper standard of teaching is not maintained or conditions of affiliation are not properly fulfilled or the results of the candidates sent up by the college, institution or institute for any examination are unsatisfactory or the college, institution or institute fails to comply with the directives of the Faculty Council;
(xvi) to recommend to the Executive Council the temporary take over of the management of an affiliated or recognised college, institution or institute, other than a Government College, in order to ensure that proper standard of teaching, training or instruction is maintained therein;
(xvii) to recommend to the Executive Council the dissolution of the Governing Body of an affiliated college, institution or institute, other than a Government College, and pending reconstitution of the Governing Body, the appointment of an Administrator or an ad hoc Governing Body;
(xviii) to appoint, if required by the Executive Council, after considering the views of the Boards of Studies attached to the Faculty Council, Boards of Examiners in the subject or subjects relating to postgraduate and undergraduate studies including the subjects for doctoral thesis and for prices and medals;
(xix) to call for such reports or information as the Faculty Council may consider necessary for efficient discharge of its duties from the teaching departments, research units or Boards of Studies:
(xx) to consider any educational matter relating to the Faculty Council and to arrive at decisions or make recommendations pertaining thereto to the appropriate authority or officer;
(xxi) to maintain contact with other Faculty Councils for the purpose of sharing ideas and ensuring coordination;
(xxii) to submit each year its Annual Report to the Executive Council;
(xxiii) to make rules for the transaction of its own business;
(xxiv) to exercise all other powers and perform all other functions conferred and imposed on it by or under this Act;
(xxv) to delegate to the teaching departments, research units, and Boards of Studies attached to it the responsibility for such academic matters as respectively concern such departments, units and Boards;
(xxvi) to recommend to the Executive Council the conferment of degrees, diplomas and certificates.
24. Dean. - (1) There shall be a Dean for each Faculty Council who shall be a Professor of the University.
(2) The Dean shall be elected by the members of the Faculty Council and shall act as Vice-Chairman of the Faculty Council:
Provided that where there is only one Professor under any Faculty Council, such Professor shall be the Dean for such Faculty Council.
(3) The Dean shall hold office for such term, and shall exercise such powers and perform such functions, as may be prescribed by Statutes.
25. The Boards of Studies. - There shall be Boards of Studies attached to every Faculty Council. The Constitution of the Boards of Studies shall be prescribed by Statutes and the powers and functions of the Boards shall be prescribed by Regulations.
26. The Finance Committee. - There shall be a Finance Committee with the Vice-Chancellor as the Chairman. The constitution, powers and functions of the Finance Committee shall be prescribed by Statutes and its procedure in financial matters, including the delegation of its powers, shall be prescribed by Ordinances.
[27. Selection Committee for teaching posts. - (1) A University Professor or a University Associate Professor or a University Assistant Professor shall be appointed by the Vice-Chancellor, on the recommendation of a Selection Committee, and the constitution of such Selection Committee as well as the procedure for holding its meetings shall be in consonance with the University Grants Commission Regulations and Recruitment Rules framed by the State Government from time to time.
(2) Notwithstanding anything contrary to the provisions of University Grants Commission Regulations, the nominee of the Vice-Chancellor shall be the head of the Selection Committee, which shall send its recommendations in writing to the Vice-Chancellor alongwith reasoned record of assessment of the persons appeared before it for selection.
28. Procedure for holding meetings of Selection Committee. - (1) At least four members, including two outside subject experts, shall constitute the quorum for a meeting of the Selection Committee.
(2) If the Vice-Chancellor does not accept the recommendation of a Selection Committee, it shall refer the recommendation back to the Selection Committee with reasons for reconsideration and if the Vice-Chancellor does not accept the reconsidered views of the Selection Committee, the matter shall be referred to the Chancellor with reason and the decision of the Chancellor shall be final.]
29. Letter of appointment of Teachers, officers and employees. - Every Teacher, every officer and every employee of the University shall, on appointment as such, be provided with a letter of appointment containing such terms and conditions of appointment as may be prescribed by Ordinances.
(2) A Teacher or an officer or an employee appointed against a permanent vacancy shall be on probation ordinarily for a period of one year from the date of such appointment and such period of probation may, at the discretion of the appropriate authority of the University, be extended for a further period not exceeding one year.
(3) If, at any time during the period of probation, the probationer's work is not considered satisfactory, the probationer shall be discharged by the authority concerned.
(4) On satisfactory completion of the period of probation, a Teacher or an officer or an employee, as the case may be, shall be confirmed with effect from the date of his appointment on probation by an order in writing made by the University in this behalf and the fact of such confirmation shall be communicated to the person concerned :
Provided that if, on completion of the period of probation, no such order of confirmation is made and communicated to the person concerned within a period of two months of the completion of the period of probation, the person concerned shall be deemed to have been confirmed with effect from the date of his appointment on probation.
30. Termination of service of temporary Teacher, officer or employee. - The services of a temporary Teacher or officer or employee shall not be terminated before the expiration of the period for which he is appointed except after serving one month's notice or paying him one month's salary in lieu thereof.
[31. Standing committee for selection of officers and non-teaching employees. - The Executive Council may, subject to the provisions of this Act, prescribed by Ordinances the constitution of a standing committees for selection of persons for appointment to the posts of officers and to the other non-teaching posts of the University and the procedure and the method of such selection.]
32. Tribunal. - (1) If in the case of any dispute between the University and any Teacher, officer or employee of the University no final order has been passed by the University within a period of one year from the date on which the dispute was referred to the University by such Teacher, officer or employee, such dispute shall, on the request of such Teacher, officer or employee, be referred to a Tribunal consisting of the following members, namely :-
(i) a Chairman, who shall be nominated by the Chancellor in consultation with the Minister;
(ii) one person to be nominated by the Executive Council;
(iii) one person to be nominated by the Teacher, officer or employee concerned.
(2) Any appeal from an employee of the University indisciplinary matter shall be referred to the Tribunal and shall be decided and disposed of by the Tribunal.
(3) The Tribunal may call for any record, report or other information from the University if, in its opinion, such record, report or other information is necessary for efficient discharge of its functions, and the University shall furnish such record, report or other information to the Tribunal.
(4) The decision of the Tribunal shall be final and no suit or proceeding shall lie in any Civil Court in respect of the matters decided by the Tribunal.
(5) Every request under sub-section (1) shall be deemed to be a submission to arbitration upon the terms of this section, within the meaning of Arbitration Act, 1940, and all the provisions of that Act with the exception of section 2 thereof shall apply accordingly.
Chapter IV
General provisions governing all authorities or other bodies of the University
33. Disqualifications. - (1) No person shall be qualified for election or nomination as a member of any authority or body of the University or shall continue as such member if he -
(i) is of unsound mind or a deaf-mute, or
(ii) is an undischarged insolvent, or
(iii) has been convicted by a court of law for an offence involving moral turpitude.
(2) In case of any doubt or dispute, the Chancellor's decision whether a person is disqualified under the provisions of sub-section (1) shall be final.
(3) No person shall be entitled to stand as a candidate for election to any authority or body of the University from more than one constituency.
(4) No person shall be entitled to be enrolled as a voter for, or to cast his vote at an election to any authority or body of the University from more than one constituency:
Provided that this sub-section shall not apply in the case of an election of members of the Court to the Executive Council, and the Faculty Councils.
[33A. Part-time Teachers or part-time non-teaching staff not to be entitled to be enrolled as voters or to be nominated. - Notwithstanding anything contained elsewhere in this Act, no person shall, -
(a) if he is a Teacher, not holding any whole-time teaching post, or appointed for a specified period, or
(b) if he is a member of the non-teaching staff, not appointed on a regular scale of pay, or not holding any whole-time non-teaching post,
be entitled to be enrolled as a voter for, or to cast his vote at an election to any authority or body of the University or of any college or institution affiliated to the University or to be nominated to any such authority or body.
Explanation. - "Regular scale of pay" shall mean pay which, subject to any conditions prescribed by the University, rises by periodical increments from a minimum to a maximum.]
34. Terms of office of members. - (1) Save as otherwise provided in sub-section (4), an elected or nominated member of any authority or body of the University shall hold office for a period of four years from the date of his election or nomination, as the case may be:
Provided that in respect of the first elections and nominations under this Act, the said period of four years shall commence from the date of the first meeting of the authority or body held after such elections and nominations.
(2) The term of office of members other than ex officio members of any authority or body of the University shall be held to include any period which may elapse between the expiry of the said term and the date of election of new members to such authority or body to fill vacancies arising by efflux of time.
(3) When elections are held on more than one date, the last of such dates shall be taken to be the date of election for the purposes of this section.
(4) Any member elected or nominated to fill casual vacancy shall hold office for the unexpired portion of the term of office of the member in whose seat he is so elected or nominated.
35. Cessation of membership in certain cases. - (1) When a person is qualified to be a member of any authority or body of the University by virtue of his membership of any other authority or body, he shall cease to be a member of the authority or body of the University when he ceases to be a member of the other.
(2) When a person is elected or nominated as a member of any authority or body of the University from any constituency, he shall cease to be such a member when he cease to belong to that constituency.
36. Filling of vacancies. - (1) Any casual vacancy among the elected members of any authority or body of the University shall be filled, in such manner and within such time as may be prescribed, by election by such authority or body of a person representing the interest which the member, whose seat has become vacant, represented.
(2) Any vacancy among the nominated members of any authority or body of the University shall be filled, within such time as may be prescribed, by nomination by the person or authority that nominated the member whose scat has become vacant.
(3) Vacancies arising by efflux of time in the seats of elected members of any authority or body of the University shall be filled by election to be held on such date or dates, not later than six months or such extended period as the Chancellor may, by order made in this behalf, specify so however that the aggregate period shall not exceed one year, from the date on which the vacancies arise, as the Vice-Chancellor may fix.
37. Proceedings of the University or the authorities or bodies of the University not invalidated by vacancies. - No act or proceedings of the University or of any authority or body of the University shall be deemed to be invalid merely by reason of the existence of a vacancy or vacancies among its members or the invalidity of the election of any of the members.
Explanation. - For the avoidance of doubt it is hereby declared that where the office of any member of any authority or body of the University cannot be filled up, when such authority or body is constituted for the first time, on account of any election or appointment not being for any reason feasible, there shall be deemed to be a vacancy in the office of such member until such election takes place or such appointment is made.
38. Election Tribunal. - (1) There shall be an Election Tribunal to which shall be referred any question as to whether any person is eligible under this Act for election or nomination or has been duly elected or nominated as, or is entitled to be, a member of any authority or body of the University, and the decision of the Election Tribunal on such question shall be final.
(2) The constitution of the Election Tribunal shall be prescribed by Statutes.
(3) If, during the progress of any election of members to any authority or body of the University, the Election Tribunal is satisfied that such election is vitiated by fraud or corrupt practice, the Election Tribunal may make an order annulling the proceedings in respect of such election or any post thereof and directing fresh proceedings to be started, in accordance with the provisions of this Act and the Statutes, the Ordinances and the Regulations, from such stage as may be specified in the order and such order of the Election Tribunal shall be final.
(4) No suit or proceeding shall lie in any civil court against a decision or an order of the Election Tribunal under sub-section (1) or sub-section (3), as the case may be.
39. Casting vote by the Chairman. - At a meeting of the Court, the Executive Council, the Faculty Councils or any other authority or body of the University, the person presiding at the meeting shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.
Chapter V
Funds of the University, Accounts, Audit and Inspection
40. The University Fund. - The University shall have a fund to be known as the University Fund to which shall be credited all its income from fees, fines, contributions, grants, donations, loans and advances and from any other source whatsoever. The University may also create, by Ordinances made in this behalf, separate special funds for the administration of endowments, trusts or specific grant or grants for other special purposes.
41. General limitation of financial powers of the University. - (1) The budget of the University showing the receipt and expenditure of the University on different accounts for a financial year shall be submitted to the State Government for approval at least four months before the beginning of such financial year in such form as may be specified by the State Government.
(2) The State Government shall, within fifteen days of commencement of the financial year to which the budget relates, communicate its approval or otherwise of the budget to the University:
Provided that the State Government shall, from time to time, release grants to the University to incur expenditure till the budget is approved.
(3) Notwithstanding anything to the contrary contained in this Act, the University shall not, except with the prior approval of the State Government, incur any expenditure on any account in excess of the amount specified in the budget on that account.
42. Provident Fund. - Any provident fund instituted by the University for the benefit of its employees shall be governed by the provisions of the Provident Funds Act, 1925, as if such fund were a Government Provident Fund and the Executive Council shall have power to frame Ordinances, not inconsistent with the provisions of that Act, for the administration of the fund.
43. Annual Accounts and Audit. - (1) The Annual Statement of Accounts of the University shall, after examination by the Executive Council, be subjected to such audit as the State Government may direct.
(2) Such Annual Statement of Accounts shall, together with copies of the audit report, thereon be submitted to the Court and to the State Government and shall thereupon be published by the Court. The Court shall consider the audited annual accounts at a meeting and may take such action thereon as it thinks fit.
(3) The University shall have a continuous internal audit, and the report of such audit shall be submitted to the State Government as soon as possible after the end of every financial year.
(4) The State Government may require the University to supply to it any information in regard to the accounts and the budget and the University shall comply with such requisition.
44. Inspection. - (1) The State Government shall have the right -
(a) to cause an inspection to be made, by such person or persons as it may direct -
(i) of the University, its buildings, laboratories, libraries, museums, press establishment, workshops, and equipments,
(ii) of the college affiliated to the University, and
(iii) into all affairs of the University and of such college including examination and other work conducted or done by the University or such college, and
(b) to cause an enquiry to be made into the income, expenditure, properties, assets and liabilities of the University and of the college affiliated to the University.
(2) The State Government shall, in every such case of inspection or enquiry, give notice to the University, and if the inspection or enquiry relates to the college affiliated to the University, both to the University and the college of its intention to cause such inspection or enquiry.
(3) The State Government shall communicate to the Court and the Executive Council or to such college as the case may be, its views on the results of such inspection or enquiry and may, after considering the opinion of the Court and the Executive Council or of such college thereon, advise the University or such college regarding the action which the State Government considers fit to be taken by the University or by such college in the matters concerned and the University or such college shall report to the State Government, within such time as the State Government may direct, the action which is proposed to be taken or has been taken by the University or by such college to give effect to such advice of the State Government.
(4) The State Government may, after considering the report referred to in sub-section (3), advise the University or such college, as the case may be, to take such further action in the matters concerned as may, in the opinion of the State Government, be necessary, and the University or such college shall take or cause to be taken such further action within such time as may be specified in that behalf by the State Government.
Chapter VI
Statutes, Ordinances, Regulations and Rules
45. Statutes. - Subject to the provisions of this Act, Statutes may be made to provide for all or any of the following matters :-
(a) the declaration of posts as posts of officers of the University referred to in clause (4) of section 7;
(b) the establishment of authorities of the University referred to in clause (6) of section 16;
(c) the appointment, powers, duties, and terms and conditions of service of the officers of the University in so far as these have not been specifically provided for in this Act;
(d) the appointment of teachers and other employees of the University, their emoluments, duties and terms and conditions of service;
(e) the constitution, powers and duties of the authorities of the University in so far as these have not been specifically provided for in this Act;
(f) the rules and procedure for holding elections to the Court, the Executive Council and other authorities and bodies of the University;
(g) the terms and conditions of affiliation or recognition of colleges or institutions, including terms and conditions for continuance of such affiliation or recognition and rules for disaffiliation or withdrawal of recognition of such colleges or institutions;
(h) the constitution, powers and functions of the Governing Bodies of colleges, other than Government Colleges;
(i) the terms and conditions of service and the minimum emoluments for posts of Principals, Teachers and such other employees as the University may deem fit, of all affiliated colleges, other than Government Colleges;
(j) the rules for Provident Funds for Teachers of colleges, other than Government Colleges;
(k) the rules for the institution of Provident Fund, pension fund and gratuity for the benefit of the Teachers, officers and other employees of the University;
(l) the holding of convocations to confer degrees, titles, diplomas, certificates and other academic distinctions, including honorary degrees and distinctions;
(m) the conditions for the registration of graduates of the University and for the maintenance of a Register for registered graduates;
(n) the minimum qualifications for Principals, Teachers and Teachers of the University;
(o) all other matters which under this Act are required to be or may be prescribed by Statutes.
46. How to make Statutes. - (1) The Executive Council may of its own motion, and shall, when required by the Court, make a draft of any Statute and submit the same to the Court. The draft so submitted shall be considered by the Court at a meeting or meetings to be held within a period of six weeks from the date of such submission (hereinafter referred to as the said period), and the draft so submitted shall, unless rejected or amended by the Court before the expiry of the said period by a majority of the total number of its members existing at the time, be deemed to have been passed by the Court. If the Court so i-ejects or amends the draft of any Statute, it shall be sent back to the Executive Council with the views of the Court for reconsideration. Thereupon, the Executive Council shall reconsider the draft and resubmit it to the Court with such changes as it may deem necessary. On such resubmission of the draft, it shall again be considered by the Court at a meeting or meetings to be held within a period of six weeks from the date of such submission (hereinafter referred to as the latter period) and the draft so resubmitted shall, unless rejected by the Court before the expiry of the latter period by a majority of the total number of its members existing at the time, be deemed to have been passed by the Court without any amendment, or be passed by the Court with such amendments as it may deem fit to make therein within the latter period and by the same majority as aforesaid.
(2) A Statute, passed in the manner provided in sub-section (1), shall be presented to the Chancellor for assent and shall come into force on being assented to by the Chancellor in consultation with the Minister.
(3) A Statute shall remain in force until repealed or amended by a new Statute similarly passed and assented to by the Chancellor.
47. Ordinances. - Subject to the provisions of this Act and the Statutes, Ordinances may be made to provide for all or any of the following matters :-
(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 the colleges affiliated to or recognized by it, and the levy of fees for residence in halls;
(d) rules for the establishment, maintenance and management of University Libraries, University Museums, halls and other University Institutions for study, research and residence;
(e) rules for the recognition of libraries, laboratories, museums, hostel and institutions for study, research and residence, other than those established, maintained and managed by the University;
(f) rules for the taking over of the management of an affiliated or a recognised 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;
(g) rules for the exercise of general supervision and control over affiliated or recognized colleges or institutions and for the giving of financial aid to them;
(h) rules for the inspection or investigation into the affairs of colleges or other institutions, affiliated to or recognized by the University, to ensure that proper standards of teaching, training and research are maintained therein;
(i) rules for the imposition and collection of fees, fines and other dues payable to the University;
(j) the duties and functions of the Teachers of the University including the Heads of Departments;
(k) rules for the registration of students;
(l) the appointment, duties and remuneration of examiners;
(m) rules for the administration of gifts, endowments and benefactions, and for the institution and award of fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes;
(n) rules and procedure for accepting grams and for raising or accepting loans other than loans from the Central or any State Government or the University Grants Commission;
(p) all other matters which under this Act or the Statutes are required to be or may be prescribed by Ordinances.
48. How to make Ordinances. - (1) The Executive Council shall take into consideration drafts of Ordinances proposed to be passed, after notice thereof 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. 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.
49. Regulations. - Subject to the provision 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 of students to the different courses of study and examinations;
(d) the rules for the conduct of University examinations;
(e) the courses of study and the division of subjects upon the recommendations of the Faculty Council 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.
50. How to make Regulations. - (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 Regulation 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 powers, by a resolution passed by the 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 a new Regulation similarly passed and brought into force.
51. Rules. - 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.
Chapter VII
Miscellaneous and Transitory provisions
52. Delegation. - (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 Ordinances,
(iv) any of the Faculty Councils, or
(v) the Finance Committee;
(c) the Faculty 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 Regulations, or
(iv) any of the Boards of Studies;
(d) the Finance Committee may delegate any of its powers or duties, conferred or imposed by or under this Act, to -
(i) the Vice-Chancellor, or
(ii) a committee constituted from among its own members.
53. Passing of properties and rights, etc. - All properties and all rights of whatever kind used, enjoyed or possessed by, and all interests of whatever kind owned by or vested in or held in trust by or for, the University known as Rabindra Bharati as constituted prior to the appointed day (hereinafter referred to as the former University) as well as all liabilities legally subsisting against the former University shall pass to the University as constituted under this Act.
54. Completion of courses of studies in colleges affiliated to the former University. - Notwithstanding anything contained in this Act, the Statutes, the Ordinances and the Regulations, any student of a college affiliated to the former University, who was studying for any examination of other former University, shall be permitted to complete course in preparation therefor and the University shall hold, for such students, examinations in accordance with the curricula of study in force in the former University for such period as may be prescribed.
55. Transitory provisions and repeal. - (1) The Vice-Chancellor holding office at the date of publication of this Act in the Official Gazette shall be the first Vice-Chancellor of the University and shall be deemed to have been appointed under this Act and shall hold office for a period of two years from tire date of publication of this Act in the Official Gazette or till he attains the age of 65 years, whichever is earlier.
(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 Statutes, the Ordinances and the Regulations of the former University to be revised and if he considers it necessary, cause them to be amended.
[(3) The first Vice-Chancellor shall, within six months from the date of publication of this Act in the Official Gazette or within such longer period as the State Government may, from time to time, by notification direct, cause arrangements to be made so as to complete, within the period of his office as the first Vice-Chancellor appointed under sub-section (1), the constitution of the Court, the Executive Council, the Faculty Councils and the Boards of Studies in accordance with the provisions of the Statutes, the Ordinances and the Regulations of the former University as reviewed or amended 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 and three months] as the Chancellor thinks fit, or
(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 [not exceeding two years and three months] 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 sub-section.
(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 and the Boards of Studies shall commence to exercise their respective functions and the Statutes, the Ordinances and the Regulations of the former University as revised or amended under sub-section (2) shall come into force [and shall 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) (a) The Rabindra Bharati (Temporary Supersession) Act, 1975 (hereinafter referred to in this sub-section as the said Act) shall stand repealed with effect from the date of publication of this Act in the Official Gazette.
(b) Notwithstanding such repeal, -
(i) until the appointed day, the Rabindra Bharati University Council, referred to in clause (b) of section 4 of the said Act, shall continue to exercise all the powers and perform all the duties in the manner and on the terms and conditions provided in the said Act, and
(ii) anything done or any action taken under the said Act shall be deemed to have been validly done or taken under this Act.
(8) The first Vice-Chancellor may, subject to the approval of the Chancellor, appoint such administrative, clerical and other staff as he deems necessary for giving effect to the provisions of this section.
(9) On and from the appointed day the Rabindra Bharati Act, 1961 shall stand repealed and thereupon -
(a) the Statutes, the Ordinances and the Regulations of the former University shall, subject to the provisions of sub-section (5), stand repealed and all authorities or bodies of the former University shall cease to function;
(b) all colleges and institutions affiliated to or recognised by the former University and continuing as such immediately before the appointed day shall be deemed to be affiliated to, or recognised by, the University;
(c) all colleges or institutions of whatever kind established, maintained or managed by the former University prior to the appointed day shall be deemed to be colleges or institutions established, maintained or managed by the University under this Act;
(d) all affairs, functions or activities of the former University, including studies and examinations, 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;
(e) all things done or deemed to have been done, and all actions taken or deemed to have been taken and all appointments made by the former University under the Rabindra Bharati Act, 1961 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 such repeal, references to the Vice-Chancellor under the said Act shall be deemed to be references to the first Vice-Chancellor under this Act.
(10) In construing the provisions of section 17, section 20 and section 22 and in construing the provisions of the Statutes, the Ordinances and the Regulations of the University in the relation to the constitution, under this section, of the Court, the Executive Council, the Faculty Councils and the Boards of Studies, references to the heads of departments of teaching of the University, the University Professors, University Readers and 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 known as Rabindra Bharati, immediately [before the date of publication of final list of voters for election under this Act and the Statutes to the Court, the Executive Council, the Faculty Councils or the Boards of Studies, as the case may be.]
(11) The provisions of this section shall have effect notwithstanding anything to the contrary contained elsewhere in this Act or in any other law.
56. Removal of difficulties. - If on account of any lacuna or omission in the provisions of this Act, or for any other reason whatsoever, any difficulty arises as to the first constitution of any authority of the University under this Act, or otherwise in giving effect to the provision 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. |
