Bankura University Act, 2013

GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative

No. 11-L 6th January, 2014.

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 XIX of 2013
THE BANKURA UNIVERSITY ACT, 2013

An Act to provide for constitution of the Bankura University and for certain matters incidental thereto and connected therewith.

Whereas it is expedient to constitute the Bankura University to enable it to function 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 the society and to make the constitution of various authorities or bodies of the University more democratic;

It is hereby enacted in the Sixty-fourth 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 Bankura University Act, 2013.

(2) This section and section 58 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) “appointed day” means the date referred to in sub-section (5) of section 58;

(2) “affiliated” in relation to a college or an institution means affiliated to the Bankura University under this Act, in which instruction is provided, under prescribed conditions, for General courses of study, Professional courses of study, Vocational courses of study, etc. at the Undergraduate as well as at the Post-graduate levels of study;

(3) “autonomous college” means a college affiliated to the University and enjoying academic freedom to:

(a) determine and prescribe its own courses of study and syllabi;

(b) determine rules of admission subject to the reservation policy of the State Government; and

(c) evolve methods of conduction of examination and evaluation, under the guidelines and overall supervision of the University;

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

(5) “Constituent College” means an affiliated college in which instruction is provided, under prescribed conditions, for honours as well as for post-graduate courses of study, and which is declared as such by the University:

Provided that, if in any professional subject no honours courses of study have been prescribed, a professional college may be a constituent college although no instruction is provided in that college for honours courses of study in that subject;

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

(7) “district” means the entire district of Bankura or any district which may be created in future out of any part thereof;

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

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

(10) “Government college” means a college affiliated to the University which is maintained and managed by the Government of West Bengal;

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

(12) “hall” or “hostel” means a unit of residence of students maintained by the University;

(13) “Librarian” means,-

(a) in relation to the University, a Librarian or any other person holding a post of Librarian, by whatever name called, appointed or recognized as such by the University, and

(b) in relation to a college affiliated to the University, Librarian or any other person holding a post of Librarian, by whatever name called, appointed or recognized by the University or appointed by such college with prior approval of the State Government;

(14) “Minister” means the Minister-charge, Department of Higher Education appointed as such by the Governor;

(15) “non-teaching staff” means,-

(a) in relation to the University, the non-teaching staff appointed or recognized as such by the University not holding any teaching post or a person not holding the post of an officer or a person not holding the post of Librarian, by whatever name called;

(b) in relation to an affiliated college, the non-teaching staff, not holding any teaching post (including part-time teaching post), appointed or recognized by the University or appointed by such college, but does not include a Librarian by whatever name called;

(16) “prescribed” means prescribed by Statutes, Ordinances, Regulations and Rules made under this Act;

(17) “Principal” means the head of a college or of an institution, by whatever name called;

(18) “private college” means a college which is fully financed, maintained and managed by private organization;

(19) “professional college” means a college affiliated to the University 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;

(20) “professional subject” means any of the following subjects, namely, law, teachers’ training, engineering, technology, agriculture, library and information science, mass communication and journalism, management studies or such other subject as may be prescribed by Regulations;

(21) “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 as prescribed;

(22) “State Government” means Government of West Bengal in the Department of Higher Education;

(23) “Statutes”, “Ordinances”, “Regulations” and “Rules” mean, respectively, the Statutes, Ordinances, Regulations and Rules made under this Act, and they shall be deemed to be rules within the meaning of Clause(36) of section 3 of the Bengal General Clauses Act, 1899;

(24) “Students’ Union” means,-

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

(b) in relation to an affiliated college, the Students’ Union constituted in the manner prescribed;

(25) “Teacher of college” means a Professor or an Associate Professor or an Assistant Professor or a Reader holding a whole time substantive teaching post and appointed in a permanent vacancy in a college or recognized as such by the State Government;

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

(27) “University” means the Bankura University as constituted under this Act;

(28) “University College” means a college, or an institute, or a college combined with an institute, maintained and managed by the University, whether established by it or not;

(29) “University Laboratory”, “University Library”, “University Museum”, or “University Institution” means 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.

CHAPTER II
The University and its Officers

3. The University.

(1) The first Chancellor and the first Vice-Chancellor of the University and the first members of the Court and the Executive Council, and all persons who may hereafter become the Chancellor or the Vice-Chancellor of the University or the members of the Court or the Executive Council, so long as they continue to hold such office or membership, shall constitute a body corporate by the name of the Bankura University.

(2) The University shall have perpetual succession and a common seal and shall sue and be sued by the name of the Bankura University.

4. 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 it may think fit, and generally to promote the advancement and dissemination of knowledge and learning, and the extension of higher education with special emphasis on the study of indigenous languages as well as culture and rural development;

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

(3) to provide for specialization of studies in colleges and for organization by colleges of common laboratories, libraries, museums and other institutions or centres for study and research work;

(4) to affiliate to itself colleges or institutions or centres and to withdraw such affiliation;

(5) to recognize affiliated colleges as professional colleges or autonomous colleges or government colleges or private colleges and to withdraw recognition of any such college;

(6) to prescribe for affiliated colleges, other than Government Colleges-

(a) the constitution, powers and functions of their Governing Bodies;

(b) and for the Colleges other than the Government Colleges and the private colleges, with the approval of the State Government-

(i) the terms and conditions of service and emoluments for posts of Principals, Teachers and such other employees as it may deem fit;

(ii) the rules for Provident Funds; and

(iii) the duties and responsibilities of the Principal, Teachers and any other employee as deem fit and disciplinary actions for negligence or violations thereof;

(7) to prescribe for affiliated colleges the constitution, powers and functions for Teachers’ Councils;

(8) to provide for the inspection, or investigation into the affairs, of colleges or institutions recognized by it or affiliated to it and to exercise general supervision and control over them;

(9) to disaffiliate a college or an institution in any subject or subjects, or to withdraw affiliation or recognition of colleges or institutions, if necessary;

(10) to take over for a period of twelve months the management of any college or institution, affiliated to, or recognized by the University, other than a Government College or institution, or a private college in order to ensure that proper standards of teaching, training or instruction are maintained therein:

Provided that the University may, if it considers it necessary so to do, extend such period, however, that the aggregate period shall not extend eighteen months;

(11) to dissolve the Governing Body of any affiliated college, professional college, autonomous college, institution, other than a private college or a Government College and pending reconstitution of the Governing Body thereof in such manner as may be prescribed and 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 dissolution:

Provided further that the University may, if it considers it necessary so to do, extend such period, however, that the aggregate period shall not exceed eighteen months;

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

(13) 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 an affiliated college, professional college or University College or a University Laboratory unless exempted there from in the manner prescribed and shall have passed the prescribed examinations of the University, or shall have carried on research under conditions prescribed;

(14) 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;

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

(16) to institute Professorships including Distinguished or Chair Professorships, Associate Professorships, Assistant Professorships and other teaching posts required by the University with the approval of the State Government and to appoint persons to such Professorships, Associate Professorships, Assistant Professorships or other teaching posts, or to recognize persons as Professors, Associate Professors or 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;

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

(18) 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 as may be prescribed;

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

(20) 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 categories of posts of the University;

(21) to make provisions for provident and other funds for the employees of the University;

(22) to prescribe fees or other charges for examinations and other purposes, and to demand and receive the fees or other charges so prescribed;

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

(24) to provide for the promotion of the health and welfare of students and of discipline among them;

(25) to co-ordinate the activities of, and give financial aid to affiliated or recognized colleges and institutions;

(26) to extend grant to the National Service Scheme and National Cadet Corps from the University Fund;

(27) 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;

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

(29) to accept and administer gifts, endowments and benefactions, for the furtherance of any of its objects for the University or for or on behalf of any college or institution established by, affiliated to, or recognized by, the University, and to institute awards, fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes;

(30) 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 approval of the State Government also from the other sources;

(31) to co-operate with other Universities, institutions and educational authorities in matters that relate to and further the educational objectives of the University;

(32) 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;

(33) to impart instruction through distance education with the approval of the Distance Education Council;

(34) to introduce interdisciplinary or multidisciplinary integrated courses in selected subjects;

(35) to initiate collaborative teaching and research programme with other universities and to provide modalities for Credit Transfer and Award of Joint Degrees if deemed necessary.

5. Jurisdiction of the University.

(1) Save as hereinafter otherwise provided, the local limits of jurisdiction of the University (hereinafter referred to as the territorial limits of the University) shall not extend beyond the limits of any district referred to in clause (7) of section 2.

(2) Notwithstanding anything contained in sub-section (1), any college or institution situated beyond the limits of any district defined in clause (7) of section 2, if the State Government in consultation with the West Bengal State Council of Higher Education accords approval, may apply to the University for affiliation and the University may, subject to such conditions and restrictions as it may, with the approval of the State Government, think fit to impose, admit the same to all the privileges of the University.

(3) Notwithstanding anything contained in any other law for the time being in force with effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf (hereinafter in this section referred to as the said date)-

(a) such colleges existing on the said date within the limits of the districts referred to in clause (7) of section 2 as may be specified in the notification, shall-

(i) be deemed to be affiliated to the University and continue to be so affiliated until the University otherwise directs; and

(ii) cease to be affiliated to the Burdwan University or any other University to which they may have been affiliated before the said date subject to the conditions that nothing in this Act shall affect the powers exercised by the West Bengal University of Technology and the West Bengal University of Health Sciences;

(b) any Teacher, Principal or member of Governing Body of any such college or institution holding, by virtue of his being such Teacher, Principal or member of Governing Body, any office in or under the Burdwan University or any of the authority of the said University or the other University, as the case may be, shall cease to hold such office and the vacancy so caused shall be deemed to be a casual vacancy for the purpose of the Burdwan University Act, 1981;

(c) no college or institution situated within the local limits of the jurisdiction of the University, but not admitted to its privileges, shall be associated with or be admitted to the privileges of any other University except with the prior approval of the State Government;

Explanation.- For the purpose of this section, to enable higher education to reach the unreached, the territorial limit shall not be insisted upon in the matter of Distance Education Mode of Learning.

6. 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 16 or to any of its officers, and may, at any time, withdrawn 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; and

(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 represent