West Bengal Green University Act, 2017

GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative

No. 26-L. 9th January, 2018.

NOTIFICATION

The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:-

West Bengal Act L of 2017
THE WEST BENGAL GREEN UNIVERSITY ACT, 2017.

An Act to provide for constitution and incorporation of the West Bengal Green University in the State of West Bengal and for certain matters incidental thereto and connected therewith.

Whereas it is expedient to establish and incorporate a State-aided University by the name of the West Bengal Green University with the view to establish a Centre of Excellence devoted to the teaching, learning and research in various branches of study attached to the environmental studies, surface management studies, bio-diversity management aiming to reduce the bad effect of pollution both in land, water, surface, noise and sight. The proposed University will be developed with all modern facilities by using all natural resources in order to sensitize and educate people at large the need of maintaining a pollution free world along with the emerging field of study of science, arts, laws and other related field of studies.

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

CHAPTER I
Preliminary

1. Short title and commencement.

(1) This Act may be called the West Bengal Green University Act, 2017.

(2) This section and sections 62, 63 and 64 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 the context otherwise requires,-

(1) “appointed day” means the date referred to in sub-section (5) of section 62;

(2) “college” means the constituent or affiliated college of the University;

(3) “convocation” means a meeting of the Governing Board for the purpose of conferring degrees, titles, diplomas, certificates or other academic distinctions;

(4) “distance education” means instruction imparted through correspondence or distance mode as recognized by the appropriate authority;

(5) “employee” in relation to the University means a person employed in the University;

(6) “financial year” means the year ending on the 31 st day of March;

(7) “Governor” means the Governor of the State of West Bengal;

(8) “Librarian” means a Librarian or any other person holding a post of Librarian, by whatever name called, appointed or recognized as such by the University;

(9) “Minister” means the Minister-Charge of the Higher Education, Science and Technology and Biotechnology Department, Government of West Bengal, appointed as such by the Governor;

(10) “non-teaching staff’ means the non-teaching staff appointed or recognized as such by the University and not holding any teaching, officer of the post of Librarian, by whatever name called;

(11) “officer” means an officer of the University;

(12) “prescribed” means prescribed by rules made under this Act;

(13) “registered graduate” means a graduate registered under this Act on making an application in the prescribed form and on payment of such fees as may be determined by the University from time to time;

(14) “State Government” means Government of West Bengal in the Higher Education, Science and Technology and Biotechnology Department;

(15) “Statutes”, “Ordinances” and “Regulations” mean, respectively, the Statutes, Ordinances, Regulations of the University made under this Act;

(16) “Student” means a student of the University and includes any person enrolled by the University for pursuing any Undergraduate or Post-graduate course of study or in research works of the University;

(17) “Students’ Council” means the Students’ Council of the University constituted in the manner prescribed;

(18) “Teacher of the University” means a Professor, Associate Professor, Assistant Professor, or any other person, holding a whole-time permanent, substantive teaching post, appointed or recognized as such by the University for the purpose of imparting instruction and conduction of research in the University;

(19) “University” means the West Bengal Green University constituted under this Act;

(20) “University Laboratory”, “University Library”, “University Museum”, or “University Institution” mean a laboratory, a library, a museum or an institution, as the case may be, maintained and managed by the University, whether established by it or not;

(21) “University Professor”, “University Associate Professor” or “University Assistant Professor” mean a Professor including Distinguished Professor, Chair Professor, Adjunct Professor, Associate Professor and Assistant Professor respectively, appointed or recognized as such by the University;

(22) “Vice-Chancellor” means the Vice-Chancellor of the University.

CHAPTER II
The University and its Officers

3. The University.

(1) There shall be constituted and incorporated a State-aided Unitary University by the name of the West Bengal Green University in the District of Hooghly.

(2) The Vice-Chancellor and the members of the Governing Board, so long as they continue to hold such office or membership, shall constitute a body corporate by the name of the West Bengal Green University.

(3) The University shall have perpetual succession and common seal and shall have power to sue and be sued by the name of the West Bengal Green University.

(4) The Headquarter of the University shall be located at Hooghly.

(5) The territorial jurisdiction of the University shall extend to the whole of the State of West Bengal.

(6) The University will be a non-affiliating unitary University.

4. Objects of the University.

The following shall be the objects of the University, namely to:-

(1) promote, propagate and cause further development of study and research on environmental management and its allied branches;

(2) act as an optimum blend of the modem system of learning and modern research methodology from occidental point of view;

(3) impart higher education in various branches of learning as well as in Environmental Ethics (Policy and Law), Green Environmental Economics and Sustainable Development, Climate Studies and Green Politics, Environmental informatics, Bio-Diversity, Modeling and Management, Water Resources Management (Surface water-Groundwater- Wetland-Lake-Coastal Areas, Development Policy, Watershed Management);

(4) provide facilities for the advanced studies in various mode of environmental studies aiming to a pollution free earth;

(5) explore the ideas of nourishing and nurturing the Green house management in every human dwelling in the Globe;

(6) promote research in Green Architecture, Bio-diversity Resources, Waste Management, Urban Policy and Governance, Demographic Studies and Migration, Green Energy, Energy Audit, Occupational Health, Forestry and Farm Management, and in such other allied branches of study;

(7) take measures for preservation of earth surface, natural water, solar energy, noise pollution and sight pollution;

(8) publish books on the works of Green House studies, as well as books written by various environment politician and laureates;

(9) provide facilities for the study and research in the environmental diversities of India and Globe;

(10) establish for the use of Scholars and the students a comprehensive data base of published works and ongoing research works on Environmental management and bio-diversity management relating to earth sciences from all over the world;

(11) Pursue studies in various branches of studies in Science, Humanities, Commerce, Languages, Law, Social studies and other related branches of study. 5. Powers of the University. The University shall have the following powers, namely:-

(1) to provide for instruction, teaching, training and research in, and promote extension of higher education with special emphasis on providing high quality education in Green Architecture, Bio-diversity Resources, Waste Management, Urban Policy and Governance, Demographic Studies and Migration, Green Energy, Energy Audit, Occupational Health, Forestry and Farm Management, and in such other allied branches of study and such other subject of studies at the Undergraduate, Post-graduate and higher levels as may be determined by the State Government;

(2) to establish, maintain and manage libraries, laboratories, workshops, museums, schools, centres and such other institutions for study and research as it may deem necessary;

(3) to provide for study and research in specialized and emerging areas in such schools and centres and to take all necessary steps in this regard;

(4) to establish, maintain linkage and enter into collaborative agreement with other Universities, research institutions, societies and organizations within as well as outside India in matters that relate to the furtherance of the objectives of the University;

(5) to take measures for maintenance of standards and enhancement of quality in higher education in the fields relevant to the University;

(6) to confer degrees, titles, diplomas, certificates and other academic distinctions;

(7) to hold examinations and to confer degrees, titles, diplomas, certificates and other academic distinctions on persons who shall have pursued an approved course of study in the University, unless exempted therefrom in the manner provided and shall have passed the prescribed examinations of the University, or shall have carried on research under conditions prescribed;

(8) to withdraw or to cancel degrees, titles, diplomas, certificates or other academic distinctions under such conditions as may be provided by Statutes and after giving the person affected a reasonable opportunity to present his case;

(9) to confer honorary degrees or other academic distinctions under conditions prescribed;

(10) to institute Professorships including Distinguished Professorship, Chair Professorship, Adjunct Professorship, Associate Professorship, Assistant Professorship and other teaching posts required by the University with prior approval of the State Government and to appoint persons to such posts or to recognize persons as Professors, Associate Professors, Assistant Professors of the University, or as holders of other teaching posts of the University for the purpose of imparting instruction and for conducting research in the University;

(11) to create posts, as and when required, of officers and employees of the University besides those provided for in this Act subject to the concurrence and prior approval by the State Government;

(12) to provide, subject to the provisions of this Act, the constitution, powers and duties of the Boards of Studies, the Finance Committee, and other bodies as may be constituted;

(13) to provide, subject to the provisions of this Act, the terms and condition of service, duties and responsibilities including the rules of conduct an discipline and the emoluments for all categories of posts of the University

(14) to make provisions for Provident and other funds for all categories of the employees of the University;

(15) to provide fees and other charges for admission, registration an examinations and such other purposes, and to demand and receive the fee or other charges so provided;

(16) to enter into an agreement with the Government or with any person, body or authority for taking over by the University of the management of any college or institution, including its assets and liabilities, or for any other purpose not repugnant to the provisions of this Act, and with prior approval of the State Government;

(17) to acquire, hold and dispose of property, movable and immovable and to make grants and advances for furthering any of its objectives;

(18) to accept and administer gifts, endowments and benefactions, for the furtherance of any of its objectives for the University or for or on behalf of any school or centre established by or recognized by the University, and to institute awards, fellowships, traveling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes;

(19) to accept grants and to raise loans or to accept loans from the Central or any State Government or the University Grants Commission, and with the prior approval of the State Government also from the other sources;

(20) to co-operate and collaborate with other Universities, institutions and educational authorities in matters that relate to and furtherance of the academic objectives of the University;

(21) 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;

(22) to introduce interdisciplinary and multidisciplinary integrated courses in selected subjects;

(23) to initiate collaborative teaching and research programme with other Universities, institutions and to provide modalities for Credit Transfer and Award of Joint Degrees if deemed necessary;

(24) to do such other act and perform such other functions consonant with the objectives of the University.

6. Teaching in the University.

(1) All recognised teachings in connection with the degrees, diplomas and certificates of the University shall be conducted by the teachers of the University or of any affiliated or constituted institution, as the case may be, under the general control of the Governing Board.

(2) The courses of study, the curricula and the authorities responsible for organising such teaching shall be such as may be provided by Regulations.

7. University to be open to all classes, castes and creeds.

The University shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be appointed as a Teacher of the University or to hold any office therein or to be admitted as a student in the University, or to enjoy or exercise any privilege thereof.

8. Jurisdiction.

(1) The University shall primarily be a non-affiliating State-aided Unitary University.

(2) Notwithstanding anything contained elsewhere in this Act or in sub-section (1) or in any other law for the time being in force, the State Government, may by notification in the Official Gazette allow the University to affiliate colleges and institutions imparting course of studies similar or closely connected with the academic principles of the University and with effect from such date as the State Government may, appoint in this behalf,-

(A) all colleges and educational institutions, whether Government administered or Government-aided or self-financed, imparting education specially in literature, sciences, social sciences, cognitive science, and such other branches of studies, as the State Government may, from time to time determine, for the advancement of learning and dissemination of knowledge in such branches and affiliated to any other University in the State-

(i) shall be deemed to be affiliated to the University for such period and subject to such terms and conditions, as may be imposed by the University, not inconsistent with the provisions of this Act or any other law for the time being in force, and

(ii) shall cease to be affiliated to the University to which any such college or institution may have been affiliated before the said date;

(B) any Principal, teacher, or other employee, or any member of the Governing Body, by whatever name called, or any student, of any such affiliated college or institution, holding, by virtue of his being such Principal, teacher, or other employee, or member or student, any office in or under any University or any of the authorities of such University to which such college or institution was affiliated before the said date, shall cease to hold such office and the vacancy so caused shall be deemed to be a casual vacancy for the purposes of any law under which that University was established;

(C) whenever the University issues directions in addition to the requirements stipulated in sub-clause (i) of clause (A), the affiliated institution shall be bound to comply with such terms and conditions as may be incorporated in the directions of the University within such reasonable time as may be determined by the University;

(D) the University shall have power to alter or withdraw the affiliation deemed to have been granted under this section, if the affiliated institution does not comply with all the terms and conditions of such affiliation;

(E) for the purpose of deemed affiliation under this sub-section, it shall be competent for the University to satisfy itself in such manner as it may decide, if an affiliated institution was validly affiliated to any University established before the said date.

(3) Notwithstanding anything contained in any other law for the time being in force, no college or institution providing courses of study or programmes of education, research or training in the field of engineering, technology, management or teachers’ training, education planning and administration and situated in West Bengal, but not admitted to the privileges of the University, shall be admitted to the privileges of any other University except with the prior approval of the State Government:

Provided that nothing in this sub-section shall, save as otherwise provided in this Act, apply to-

(a) any constituent college, institution, Faculty or Department of any other University or of any institution for higher education deemed to be a University under section 3 of the University Grants Commission Act, 1956, directly managed, controlled and financed by such University or such institution for higher education deemed to be a University under section 3 of that Act, or

(b) any other college or institution affiliated to any other University mainly providing courses of study in subjects other than literature, dance, drama, sculpture, humanities, science, commerce, cognitive science and such branches of study as the State Government deems appropriate for the advancement of learning and dissemination of knowledge in such branches.

Explanation. For the avoidance of doubt it is hereby declared that the State Government shall have powers to decide whether a college or institution provides mainly the courses of study in subjects other than mentioned under clause (b) of sub-section (3) will be admitted to the privileges of the University or not.

9. Delegation of Powers.

The University may delegate such of its powers as it may deem expedient to any of its authorities referred to in section 24 or to any of its officers, and may, at any time, withdraw at its discretion any power so delegated.

10. 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 Governing Board and shall, when present, preside over the meetings of the Governing Board.

(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 in consultation with the Minister to represent interests not otherwise adequately represented.

(4) Every proposal to confer any honorary degree shall be subject to confirmation by the Chancellor.

(5) The Chancellor can issue any direction upon the University not inconsistent with the provisions of this Act, to which the University shall c