Aliah University Act, 2007

GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative

No. 260-L. 19th February, 2008.

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 XXVII of 2007
THE ALIAH UNIVERSITY ACT, 2007

An Act to establish and incorporate a teaching University in the State of West Bengal and to provide for matters connected therewith or incidental thereto.

WHEREAS it is expedient to upgrade Calcutta Madrasah College (erstwhile Madrash Aliah), one of the oldest institutions of higher learning and culture in India and to that end, to establish and incorporate a teaching University at Kolkata, to dissolve the “Calcutta Madrasah College”, a Government Madrasah College and to transfer to, and vest in, the said University all properties and rights of the said college;

It is hereby enacted in the Fifty-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 Aliah University Act, 2007.

(2) It shall come into force on such date 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) “academic staff” means such categories of staff as are designated as academic staff by the Ordinances;

(2) “affiliated”, in relation to a college or an institution, means affiliated to the University under this Act;

(3) “Appendix” means the appendix appended to the Schedule;

(4) “appointed day” means the date referred to in sub-section (5) of section 55;

(5) “Board of Studies” means the Board of Studies of the University;

(6) “College” means a college established, maintained or recognized by, or affiliated to, the University;

(7) “Constituent College” means an affiliated college in which instruction is provided, under prescribed conditions, for Honours as well as Post-graduate courses of study, and which is recognized under this Act as a constituent college:

Provided that a professional college may be a constituent college although no instruction is provided in that college for Honours courses of study in that subject;

(8) “convocation” means a meeting of the Darbar-i-Aliah (Court) for the purpose of conferring degrees, titles, diplomas, certificates or other academic distinctions;

(9) “Darbar-i-Aliah” means the Darbar-i-Aliah (Court) of the University;

(10) “Department” means a Department of Studies and includes a Centre of Studies and Research;

(11) “Director” means a Director of a Centre of Study;

(12) “employee”, in relation to the University, means any person appointed by the University, and includes teachers and other staff of the University;

(13) “Faculty” means a Faculty of the University;

(14) “Financial Year” means the year starting on the first day of April and ending on the 31st day of March of the succeeding calendar year;

(15) “State Government” means the Government of West Bengal;

(16) “Government College” means a college maintained and managed by the State Government;

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

(18) “Hall” means a unit of residence or of corporate life for the students of the University, maintained by the University;

(19) “Hostel” means a unit of residence of students, not maintained but recognized by die University as a hostel;

(20) “Institution” means an academic institution, established or maintained by the University;

(21) “Librarian” means,-

(a) in relation to the University, a Librarian, Deputy Librarian, Assistant Librarian or any other persons discharging the functions of a Librarian by whatever name called, appointed or recognized as such by the University, and

(b) in relation to a branch-unit or College affiliated to the University, a Librarian or any other persons holding a post of Librarian, by whatever name called, appointed or recognized by the University or appointed by such branch-unit or College;

(22) “Majlis-i-Muntazimah” means the Majlis-i-Muntazimah (Executive Council) of the University;

(23) “Majiis-i-Talimi” means the Majlis-i-Talimi (Academic Council) of the University;

(24) “Minister” means the Minister-Charge of Minorities’ Development & Welfare and Madrasah Education Department or appointed by the Governor and includes the Minister of State of that Department;

(25) “non-teaching staff” means,-

(a) in relation to the University, the non-teaching staff not holding any teaching post, appointed or recognized as such by the University, and

(b) in relation to a branch-unit or affiliated College, the non-teaching staff, not holding any teaching post, appointed or recognized by the University or appointed by such branch-unit or College, but does not include a Librarian;

(26) “Notification” means notification published in the Official Gazette;

(27) “Prescribed” means prescribed by Statutes, Ordinances, Regulations or Rules made under this Act;

(28) “Principal” means ahead of a college or institution, school or Polytechnic by whatever name called, and includes where there is no Principal, the persons for the time being duly appointed to act as Principal, and, in absence of the Principal or acting Principal, a Vice-Principal duly appointed as such;

(29) “Professional college” means a University College or an affiliated College in which instruction is provided primarily for courses of study leading to any degree, diploma or certificate of the University in any professional subject and which is recognized under this Act as a Professional college;

(30) “Professional subject” means a subject the successful study of course on which prepares or enables a person to undertake or pursue a profession such as Engineering, Teachers’ Training, Technology, Management Studies or such other subjects as may be prescribed by the Regulations;

(31) “Registered Graduate” means a graduate under this Act at least three months prior to the date of election of members to the Darbar-i-Aliah (Court) on application in the prescribed form and on payment of a fee fixed by the University:

Provided that no person shall be eligible to be registered under this Act unless he has graduated himself from the University at least two years prior to the date of election of the members to the Darbar-i-Aliah;

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

(33) “Students’ Union” means-

(a) in relation to the University, the Students’ Union constituted in the manner prescribed, and

(b) in relation to a branch-unit or an affiliated/ constituent college, a Students’ Union constituted in the manner prescribed;

(34) ‘Teacher” means a Principal, Professor, Reader, Lecturer, Demonstrator, Tutor, Instructor or any other persons appointed or recognized as such by the University, either whole-time or part-time for the purpose of imparting instructions or conducting research in the University or appointed by branch-unit, an affiliated College or Institution;

(35) “Teacher of the University” means and includes a Professor, a Reader, a Lecturer or any other person, appointed or recognized as such by the University, either whole-time or part-time, for the purpose of imparting instruction or conducting the research in the University;

(36) “University” means the Aliah University as constituted under this Act;

(37) “University Laboratory”, “University Library”, “Museum” or “University Institution” means a Laboratory, Library, 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) There shall be established a University by the name of the Aliah University.

(2) The headquarter shall be at Kolkata:

Provided that the headquarter may be shifted to any suitable place in State of West Bengal with the approval of the State Government and in that case, the present headquarter shall be the city campus of the University.

(3) The character of the University shall be same as that of the Calcutta Madrasah College (erstwhile Madrasah. Aliah) declared as such vide Minorities’ Development & Welfare and Madrasah Education Department, Government of West Bengal Notification No. 1465-MD/07, dated 12.10.2007.

4. Incorporation.

The persons holding office as Shaikh-ul-Jamia (Vice-Chancellor), Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor), the members of the Darbar-i-Aliah (Court), Majlis-i-Muntazimah (Executive Council), the members of the Majlis-i-Talimi (Academic Council) of the University, for the time being, shall be a body corporate by the name of the Aliah University and shall have perpetual succession and a common seal and shall sue or be sued by that name.

5. Dissolution of Calcutta Madrasah College and transfer of all property of the University.

On and from the commencement of this Act,-

(i) the college known as “Calcutta Madrasah College”, Kolkata shall be dissolved, and all properties, movable or immovable, and all rights, powers and privileges of the said college shall be transferred to, and vest in, the University and shall be applied to the objects and purposes for which the University is established;

(ii) all debts, liabilities and obligations of the said college shall be transferred to the University and shall thereafter be discharged and satisfied by it;

(iii) all references in any enactment to the said college shall be construed as reference to the University;

(iv) any will, deed or other documents, whether made or executed before or after the commencement of this Act, which contains any bequest, gift or trust in favour of the said college shall be construed as if the University was therein named instead of the college;

(v) subject to any orders which Majlis-i-Muntazimah (Executive Council) may make, the buildings which belong to Calcutta Madrasah College, Kolkata, shall continue to be known and designated by the names and styles as they were known and designated immediately before the commencement of this Act;

(vi) subject to the provision of this Act, every person employed immediately before the commencement of this Act in the Calcutta Madrasah College, Kolkata, shall hold such employment in the University by the same tenure and on the same terms and conditions and with the same rights and privileges as to pension and gratuity as he would have held under the Calcutta Madrasah College, Kolkata, if this Act had not been passed.

6. Objects.

The objects of the University shall be-

(1) to create educational opportunities for higher education and studies;

(ii) to encourage study of modem technological and professional courses along with the classical languages, oriental studies, religious studies and Islamic culture;

(iii) to promote higher education amongst the Minorities in the State;

(iv) to disseminate and advance knowledge by providing instructional, educational, research and extension facilities in such branches of learning as it may deem fit;

(v) to provide to students and teachers, the conducive atmosphere and necessary facilities for the promotion of-

(a) innovations in education leading to restructuring of courses, new methods of teaching and learning and integral development of personality,

(b) studies in various disciplines,

(c) inter-disciplinary studies;

(vi) to develop centres of excellence for higher studies and research in theology, Islamic jurisprudence and Islamic culture, comparative religion, science and technology, professional and management education in the State by joint initiative i.e. State-Private partnership, if required;

(vii) national integration, secularism, international understanding, non-violence and humanism;

(viii) to avail better scope and opportunities to serve the societies and the nations.

7. Teaching of the University.

(1) All recognized teachings in connection with the degrees, diplomas and certificates of the University shall be conducted by the teachers of the University or its branches or of any affiliated institution, as the case may be, under the general control of the Majlis-i-Muntazimah (Executive Council) and the Majlis-i-Talimi (Academic Council).

(2) The courses of study, the curricula and the authorities responsible for organizing such teaching shall be such as may be prescribed.

8. Access to University.

The University shall be open to persons of either sex and of whatever race, creed, caste or class:

Provided that nothing in this section shall be deemed to prevent the University from making any special provisions for socially and educationally backward classes belonging to Minorities:

Provided further that nothing in this section shall be deemed to prevent religious instructions being given in the manner prescribed by the Ordinances to those who have consented to receive it.

9. Jurisdiction.

The University shall have the right to open its branch-unit or campus or affiliate to itself any institution in any district of West Bengal without prejudice to the rights of any other University.

10. Powers of the University.

The University shall have the following powers, namely:-

(1) to encourage and provide for instruction, teaching, training and research in such branches of learning and courses of study as the University may, from time to time deem fit and make provision for research and for advancement and dissemination of knowledge and learning, and the extension of higher education;

(2) to promote the study of religions, theology, philosophy and culture of India;

(3) to open branch-unit or campus in anywhere in State of West Bengal in consultation with the State Government, and in collaboration with private party or any other institution, if required;

(4) to introduce courses of modern studies, if required, in State-Private partnership;

(5) 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 and other employees of the University;

(6) to establish, maintain and manage halls, to recognize hostels, and to withdraw such recognition;

(7) to prescribe, demand and receive fees, fines and other charges;

(8) to receive donation and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties and make grants and advances for the purposes of the University;

(9) to make grants to the National Cadet Corps and the National Social Service or such other activities as deem necessary, from the University fund;

(10) to borrow, with the approval of the State Government, on the security of the property of the University, money to establish and maintain or manage schools, Institutions, libraries, museums and such centres, specialized laboratories or other units of research and instructions as are, in the opinion of the University, necessary for the furtherance of its objects;

(11) to recognize any college as a constituent college or a professional college and to withdraw such recognition;

(12) to affiliate to itself any college, institution or centre and to withdraw such affiliation;

(13) institute degrees, titles, diplomas, certificates and other academic distinctions;

(14) to grant, subject to such as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examination, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degree or other academic distinctions for good and sufficient cause;

(15) to confer honorary degrees and other academic distinctions in the manner prescribed by the Statutes;

(16) to institute and award fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes;

(17) to institute Professorships, Readerships, Lectureships and other teaching or academic posts required by the University and to appoint persons to such Professorships, Readerships, Lectureships and other posts;

(18) to create administrative, ministerial and other posts and to make appointments thereto;

(19) to appoint persons working in any other University or organization as teacher of the University for a specified period;

(20) to co-operate, collaborate or associate with any other University or authority or institution in such manner and for such purposes as the University may determine;

(21) to prescribe, subject to the provisions of this Act, the constitution, powers and duties of the Board of Studies, Finance Committee and other bodies;

(22) to prescribe the powers and duties of officers of the University;

(23) to prescribe, subject to the provisions of this Act, the terms and conditions of the employees of the University;

(24) to make for Provident Fund and other funds for the teachers, officers and other employees of the University;

(25) to make provision, conduct, co-ordinate, regulate and control research work and advisory services, and for that purpose to enter into such agreements with other institutions or bodies as the University may deem necessary;

(26) to declare a Centre, an Institution or a Department, a School as an autonomous Centre, Institution or Department or School, as the case may be in accordance with the Statutes;

(27) to determine standards for admission into the University, which may include examination, evaluation or any other method of testing;

(28) to make special provisions in respect of women students and students belonging to socially and educationally backward classes of the minority as the University may consider desirable;

(29) to regulate and enforce discipline among the employees and students of the University and take such disciplinary measures in this regard as may be deemed by the University to be necessary;

(30) to make arrangements for promoting the health and general welfare of the students and employees of the University;

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

(32) to do all such other acts and things as may be necessary or desirable for, or incidental or conducive to the attainment of all or any of the objects or purposes of the University.

11. The Amir-i-Jamia (Chancellor).

(1) The Governor shall, by virtue of his office, be the Amir-i-Jamia (Chancellor) of the University.

(2) He shall be the Head of the University and the President of the Darbar-i-Aliah (Court) and shall, when present, preside over the meetings of the Darbar-i-Aliah (Court) and the Convocation of the University.

(3) The Amir-i-Jamia (Chancellor) shall exercise such powers as may be conferred on him by or under the provisions of this Act.

(4) Where power is conferred upon the Amir-i-Jamia (Chancellor) to make nominations to any authority or body of the University, the Amir-i-Jamia (Chancellor) shall, to the extent necessary, nominate persons to represent interests not otherwise adequately represented.

(5) Every proposal to confer any honorary degree shall be subject to confirmation by the Amir-i-Jamia (Chancellor).

12. Officers of the University.

The following shall be the Officers of the University:-

(1) the Shaikh-ul-Jamia (Vice Chancellor);

(2) the Naib Shaikh-ul-Jamia (Pro-Vice Chancellor);

(3) the Musajjil (Registrar);

(4) the Deans of Faculties;

(5) the Dean of Students’ Welfare;

(6) the Controller of