Professional Documents
Culture Documents
com
LatestLaws.com
LatestLaws.com
Bare Acts & Rules
Free Downloadable Formats
LatestLaws.com
LatestLaws.com
LatestLaws.com
'Thc word within the squarc hnclicu :wcw inscrled by s. 2 or the Nonh Bcngal
University (Arncndrncnt) Acl, 1993 (W~qr'Ben.Acl VIIJ or 1993).
LatestLaws.com
LatestLaws.com
CHAPTER I1
The University and its oflicers
Thc 3. (1) The firs1 Chancellor and [he first Vice-Chancellor of Ihe
Univcnily.
Universily and the firs^ members of h e Court and the Executive Council,
and all persons who may hereafer become the Chancellor or the Vice-
Chancellor of the University or the members of the Court or he
Executive CounciI, so long as they continue to hold such office or
membership. shall constitule a body corporate by the name of the
University or North Bengal.
(2) The University shall have perpetual succession nnd a
common seal and shaIl sue and be sued by h e name of [hc Universi~y
of North Bengal.
'Clause (21) r v z firs! substi!utcd Tor original clause by s. 6(a) of Ihe Wcsr Rengal
Univcsily h w s (Arncndmcn~)ACI. 1986 ( \ V a l Bcn, Act XX or ISS6). Thcrcalwr. lhc
clausc was rcsubslituled by s. 6 ( ~ ofrhc
) Wcsl Bcngnl University LWS (Amendnbcnl) Acl,
19R8 (IVcsl ncn. Act Vm or 1988). w.c.f. 13.8.85. .
LatestLaws.com
LatestLaws.com
XXV of 1981.1
'Clnusc ( 5 ) was subsrilutcd Tor orginal clause by 8, 6(b)o f rhe W c s t Bengal Univesiry
(Amcndmcnt) Acl. 19RS (Wmr Rcn GCI V l l I o r 198RI w r f 17 8 rDRr
LatestLaws.com
XXV of 1981.1
xxv or 1981.1
S.( I ) The Governor shall. by virlue or his office, be the Chancellor 'Ihc
chJncci'Or
, of [he University. Hc shall be [he head of the University and the President
of the Courr and shall, when present, preside ovcr [he meetings or the
cour1.
(2) The Chancellor sllall exercise such powers as may be cotlferred
on him by or under rhe provisions or this Act.
(3) Whcrc power i s conferred up011 the Chancellor la make
nominalions ro any authority or body of the University. [hc Chancellor
shall, to thc exlcnt necessary, norninate persons to rcprcsenl ili~eres~s
nar
olherwise adequn~clyrepresented.
(4) Every proposal lo confer any honorary degrcc shall he subjecl
ro confirmalion by thc Chancel lor.
(2) (a) Thc Vice-Chancellor sllnll hold officc Tor a term of four I
years or Lill he nrtnins the age of 65 yenrs, whichcvcr is earlier, and shall
be eligible for re-appoinlmen~For another term of four years or rill he
attains [he age of 65 yenrs, whichever is earlier.
(b) The Chancellor may, nolwiths~anding[he expiration of the term
o f the office of die Vice-Charicellor or his altaining the agc of 65 years,
aIlow him Lo continue in office Lill a successor assumes office, providcd
[hat he shall not continue as such for any pericd exceeding six months.
(3) The Vicc-Chancellor shall be a wholc-time officer or thc
Universi~yand shall be paid from the University Fund such salary and
allowauces as the Chancellor may decido in consullalion w i ~ hLhe Srilre
Govemmcnt.
(4) The Vice-Chanccllor may resign liis office by writing under his
hand addressed lo [he Chancellor.
( 5 ) If-
(a) lhe Vice-Chancellor is, by reason or Icnvc, illness or other
cause, rcmporari ly unable ro exercise thc powers and perfonn
h e dutics oC his office, or
(b) ;
I vacancy occurs in [he office of the Vice-Chancellor by
rcason of death, resignation or expiry of the lerm of his
orlice or otherwise.
LatestLaws.com
Powcrs and 10. (1) The Vicc-Chancellor shall be lhe principal execulive and
tluria LIT lllc
Vicc- acadcrnic olficcr of thc Universily and shall, in the absence of rhe
Clncclr Chnnccllor, preside over the meeting of [lie Cour~.Hc shalt, by virluc
o r his office. be n member a ~ t d[he Clinirmiln o r Ihc Executive Council
a ~ l dthe Facul~yCou~iciIsfor posl-grilduale sludies and also the Chairman
of any other aulhority or body of the University of which he may be
a tnember. He shall also bc cnli~lcdto be presenr a1 and lo address any
ineering of ally orhcr aulhoriry or body or the Universily of which he
may nor bc a member, bill shall not be eutitled to vote rhereat.
(2) The Vicc-Chnnccllor shall have Ihe power to convene meelings
of the Court, rhc Exccutivc Council, Lhe Faculty Cout~cilsfor posk
graduare studies, thc Councils for undergraduate sludies and of any other
authorily or body of thc University.
(3) Ir shall bc rhc duty o r the Vice-ChancelIor to ensure [hat Lhe
provisions or this Act, and k e Sta~utes,the Ordinances and the Regulations,
arc IaithfulLy observed, and 10 take such aclion as may be necessary for
Lhis purposc.
(4) Thc Vicc-Chunccllor shall have the power to exercise general
co~llroland supervision over all other officers of the Universily and over
all Tcachci-s and cmployccs of thc Universily and-generally over all [he
aITairs o r thc Univcrsily.
(5) The Vice-Chancellor shall eitercisc such orhcr powcrs and
discharge such othcr duties as may bc delegated to him by any authorily
or body of the Univcrsi ty or as may be prescribed by Slalules, Ordinances
or Rcgula~ions.
(6) The Vice-Chanccl lor may takc on behalf of the Universily such
aclion as hc may dcem cxpcdicnl in any matter which, in his opinion,
is either urgenr or of an enicrgcnt nnlure and shall report the same Tor
confirnlalion at thc next mcc~ingof the aulhoriry or body which in the
o r d i ~ ~ a rcoursc,
y would hi~vcdeal1 with the rnalter:
Provided Ilia[ ir lhe aclion taken by the Vice-Chancellor is not
approved by he autliori ty or body conccmed, the matier shall imrnedintcly
be referred to thc Chancellor whose dccision Lhcreon shalt be Iinal.
LatestLaws.com
XXV of 1981.1
11. ( I ) TheRegistrorshallbeawhulc-~in~eofficeroTtheUniversily.Thc
He shall be appointed by the Executive Council on the rzcommcndu~ian Regisrnr.
of a cornmiltee consisting o f the Vice-Chilncellor ils Cllairman. a notnincc
ofrhc Chancellor, I W O nominees of thc Execurive Council and a nominee
of he State Govcmmenl.
(2) The Registrar may resign his office by wriling under his hand
addressed to lhc Vice-Cha~~cellor.
(3) Ifthe Registrar is for any rcason temporarily unable lo cxcrcise
the powers or perform the d u ~ i e sof his orlilicc, he Vice-Chancellor with
the approval of the Execulive Cauncil may nppoint a Teacher of the
Universily or an officer of thc Uoiversiry temporarily for a lollrl period
nor execceding six months LO exercisc thc powers and pcrfarm rile duties
of rhc Kegiswar.
13. (1) The Finance Officer shall be a wholc-lime olficcr of Ihe 'l'hc I'liiancc
Univeisily. He shall be appointed by thc Execulive Council on the Orficcr.
reco~nmendarionaT a comnultee consisling of rhc Vice-Chnncellor as
Chairman, a nominee of [he Chancellor, two nominees or the Execulive
Council and n nominee of thc State Govtmmenl.
(2) Thc Finance OfIiccr may resign his office by wriling undcr his
hand addressed Lo the Vice-Cl~anccllor.
(3) IT the Financc Officer js for nny reasoti ~cmporarilyunable lo
exercise the powcrs or perform the duties of his office, h e Vicc-Chancellor
wilh the approval or the Execulive Council may appoin~n person
rcmporarily for a Lola[ period not exceeding six monrhs lo exercise the
powers and petlorrn h e duties of h e Finance Ofhccr.
14. (1) Subjecl to thc supervision, dil-echn and gcncral c o ~ l ~ r o fl t'oivcrs and
duties of rllc
~ h cVice-Chancellor, he Finance Officer shnll be in cliargc of d ~ e
adminisualion of the funds, rhc finances and he propenies and asscts Omccr.
of the University and of all trus~sand eodoivn~enb;and he shall lake
special interest in aclivilies, (hat aim at raising funds Tor rhe purposes
of the University and augmenting the resources o f [he Univcrsily.
LatestLaws.com
T / INor111
~ Berrgal Utliversiy Acr. 1981.
(2) The Finance OCliccr shall exercise such olher powers and perform
such other duties as may bc prcscribed. or delegated to him by or under
this A c l and the Stntulcs, [he Ordinances or Lhe Regulations, as the case
may be.
CHAPTER III
Aulhorilies or the University
Thr: Courl. 17. (1) The Court shall consist of the following:-
(a) ex oficiu t~errrbers
(i) the Chancellor;
(ii) Lhe Vice-Chancellor:
(iii) the immediately preceding Vice-Chancel lor;
(iv) the Deans of the Faculty Councils lor post-graduate
studies;
(v) rhe Secretary, Education Departmcn~,Government o f
Wesr Bengal '[or his nomincc not bclow the rank of
Depur~ySecretary lo Lhc Govcrnmenr of Wcst Bengal];
(vi) the Secrelary, Finance Department, Governmen1 of
West Bengal or his nominee not below the rank of
Depury Secretary to [he Governrncnt of West Bengal;
t i inscncd by s. 6(b) of thc Wwl Bcngal
'The *or& wiihin ~ h csquare b ~ ~ c k cwcrc
University Lu-s (Amcndrncnt) Acr. 1986 (\Vcsl Bcn. Acl XX or 1986).
LatestLaws.com
LatestLaws.com
XXV or 1981.1
(Cl~ol~rcr
Ill.-Arr111ori1it.sof rhe Utli~ler.rity.-Scfliorl 17.)
. .
E s ~ ~ l a ~ r a11.-Nolwithshnding
tio~~ anylhing contained
clselvherc in thisAc1, a regularpost-gnduale studenr elecred
. , .. .
under h i s clause shall hold orficc For a period of lwo years - . -
. ,
... .
from the date o r his elecrion or till he ccases lo be a reguIar
post-grndua~esludenl, whichever is earlier;
(xxii) "[lvo regular sludenls of undergmduateor past-graduale
degrcc classrs of ilFfilinted colleges, of w ham one shall
be a sludent of s Governrnenl College, clected jaintly
by such undergnduale and post-graduate sludenls from
amongst ll~e~nselves].
--
'Ciaubc (xviin) jcw inscncd hy 5 , .f(b)(iii)ofthcNonh Bcngal University (Arncndrilcol)
Acl, 1993 (IVcst UCII.Acl VIIl of 1Y93),
T h c word within ~ l l csquare bnckc~swa inscncd by s. 3(b)(iv). ibirl.
'lhc \r.urds wilhin rhc srlunrc bn~%clswcrc suhhfi~utcdfor h c words beginning wit11
"IN-o rc~ulnrsludcnts" and t i d i n g rvilli "limn ilrnongsl d~crnselves;" by s. 3 or Ihc N ~ r l h
Bcngal Univcrsily (Arnrndn~cnr)Act, 1983 ( W a c Bcn. Acf X X uf 1983).
LatestLaws.com
XXV OF 1981.1
T f ~Nortlr
e Betrgt~lUtriversily Acr, 1981.
(3) The Court shall hnvc the p w z r to review the action or lhc
!
Executive Council. save wherc [he Execu~iveCoui~cilhas acled in I
Mccrings Of
lllc Court.
19. (1) Thc Coun sliall meet n l leasf thrice in a financial ycilr, other
than for cotlvoca~ion,on dates lo be fixed by lhe Vice-Chanccllor. One . .
01 such meelings sl~allbc held before March and shall be caIlcd the . . . .
Annual Meeririg. The Courl may also meel a1 such other titnes as il may,
from timc 10 lime, decidc.
(2) Onc-third of the iota1 number OF members of the Courlpl[rs onc
shall be a quorum for a neer ring o r [he Coun:
Provided rhal such quorum shall nor bc required a1 a convocation.
I
(3) Thc Vice-Chancellor may, whenever he thinks f i t , and shall, !
upon arequisirion in writing signed by not less tllan one-hird of members
o f the Court, convene a meetjng of the Coug. A mecling on such
requisition shihI bc held within firreen days ofthe receipt orthe requisilion
by rhe Vice-Ch~nccllor. 1
Thc 20. ( 1 ) The Execulive Council shall consist of the rol1owing:-
Excculivc
Council. (a) r.s o f i i n I I I C ~ I I ~ P T S
(i) the Vice-Chancellor;
(ii) the Deans of the Faculty CounciIs forpost-graduate
studies:
(iii) the Secrelary, Education Depnrlmcnt, Governrnenr
of Wesr Rengal '[or his nominet not below rhc
rank of Depuly Secretary ro the Govcrnrnenl of
W e s ~Betlgal];
(iv) the Secretary, Finance Deparhnent, Governmenr
of W e s ~Bengal or his no~nineeno1 below the rank
or Deputy Secrclary to the Government of Wesl
Bengal;
(v) [he Presidcnl, Wesl Bengal Council o r Higher
Secondary Education;
(vi) lhe Priucipal, Dnrjeeling Governrncnl College;
(vii) the Principal, Jalpaiguri Goverr~mcnlEngineering
Colleze;
'Thc words ivithin ~ h csqu.uc bn-kcls wurc inscr~cdby s. 6(c) of rhc lVcsr Bcngal
Univcuiiy Laws {An~cndmcnr)Acl, 19SG (Wcs! Bcn. Au! XX or I9Uh).
LatestLaws.com
Act. 1981.
The Nortll Bc~igulU~iiver~ity
XXV of 1981.1
-'The words within rhc squarc hnckcLx wcrc inscncd by s. 4(b)(iii) of Ihc Nonh DcngaI
University (Amcndmcnr) Acl, 1993 (\Vest Ucn. h c l VIll of 1993).
LatestLaws.com
XXV of 1981.1
XXV of 1981.1
I W u t Ben.Act
TheFacull~ 22. (1) There shall be thc rollowing Facully Councils for posr-
Councils
graduale studies:-
::E;l
;
'
arudic~, '(a) [he Faculty Council for post-graduate studies in ?[Arts,
Cornmcrce ,and Law:] ,
'Clauw (a) wns subsututcd for original c1au.w by s. ? of [he Nordl Bcngil Univtrsiry
(An~c~id!ncnl)ACI, I989 (Wcs1 Bcn. Acl X1 or I9R9).
-l'hc words rvilhin thc squm bncke~swcrc suh<titu?cd Tor the wards "Am and
Cornrncrcc:" by s. 5(a)(t) or thc N o i d Bcngal Univcrsily (Arncndmcnr) Acl, 1993 (Wc51
Bcn. ACI Vlll of 1993).
LatestLaws.com
XXV of 1981.1
22.)
(Cl~uprcrIll.-Autlroriries of thc Ut~iversiry.Seclior~
..
- :.
.. .- . .. ..
. . ,
. -
(v) the Proressvror Professors or the Depmment or Depmments . . ., .
,
, .
. ..- - - . -., ..-. .
, . -
. .
concerned;
(vi) four Teachers of the Nor111Bengal Medical Collcge. oil~cr
lhan Proressors, from rhc Deparrmen~sunder rhc Faculiy
Council forposr-graduate studies in Medicinc, 01wham not
Inore than one shall bclong lo one Dcparirnen~,elected
joinrly by such Teclcllers from i~tnongst~hemselves;
(vii) one Teachel- from constituent colleges or profcssiunai
collcgcs, nominated by the Vice-Cl~ancrllor;
(viii) onc person having spccial knuwlcdge in [he subjrcl or
subjecls concerned. nominated by ~ l Vice-Chancellor;
~ c
(ix) thrce Teachcrs participa~ing in undergrnduatc teaching,
elected by the Teacher-members of 11lc Cou~lcil for
undergraduilre sludics in Medicine in the subjecl or subjecis
concerned lrom amongst tl~cmsclves.
(3) Each Faculty Council for posl-graduale sludics shall Itave a
Sccrelary to be appointed by the ~xecurjveCouncil:
'Provided that Ihc Secrcrary of rho Facul~yCouncil [or post-graduatc
studies in Science sllitli also be the Secrerary or the Faculty Council for
posr-gradunk ~ [ ~ r d iin
e s Medicine.
(4) One-rhird or the rolal number of members of a Faculty Council
hi-post-graduate sludics pllrs one shall be a quorum for a meeting of
the Faculty Council.
PO\I'CIX2nd 23, Subject lo tllc provisions of [his Acl, and the Stalules, the
func~ionsof
[hc F ~ Ordinatlces
~ ~ I and ~[ h e Regula~ions,
~ ;r Facully Cou~icilfor post-graduate
Council for studies sllall exercise [hc following powen and perfom the Iollowing
ps1-
pddu;llc iunc1ions:-
studics.
{i) lo make proposals to the Executive Council Jor the
establisltrncltt 01 Universily ~epirrtnents,insti~utions,
libraries, laboratories and nluseurns far srudy and research
lo be maintained by the University;
(ii) lo recornrncnd to the Execulivc Council Ihe creihlion and
ifls~ilulionof Professorships. Readerships, Leclureships
and oihcr [caching pasts and the duties and cmolurncnrs
thercot
(iii) LOmake proposals lo lhc Executive Council for the promoLion
of research and, through special commiltees, if any,
constiru~edfor thc purpose, lo call forrcporison sudl rescarch
work from pcrsons cngaged therein, and lo make
recommendarions to the Execulive Cotrr~cil\hereon;
"hcproviso w a irlscncd
~ by s. 5(d) 01thc Nonh Bcngal Uni\.crsity (Aincndnrcnl) Act,
1993 (Wcht Ucn, ACI VIIJ of 1993).
LatestLaws.com
XXV of 1981.1
'fhc 24. (1) There shall be thc following Councils far undergraduate
Cou~~:ilsTur
undcr- studies:-
gradun~c (i) the Council for undergraduille studics in Arls, Science,
srudics.
Commerce and Law;
(ii) llle Council for undergraduate s~udiesin Engineering and
Technology:
(iii) lhc Council for undcrgradualc studies in Medicine '[and
Dentisrryl.
(2) (a) The Council for undergmduato sludics in A r k , Science.
Comn~erct:and Law shall consisl o f the rollowing members:-
(i) he Vice+Chancellor-Chairmnn;
(ii) lhe Deans of thc Faculry Councils Ibr pox-graduate studies
in A m , Commcrce and Science:
(iii) the Principal, Durjeeling Governmcn~Collcge;
(iv) six Teachers or dfiliared colleges orher lhan medical arid
engineering colleges, of whom onc shall be from a teachers'
tnining college, elecled by such Teachers;
(v) LIVO Teacl~erswho are members o f the Faculty Council for
posl-graduarc studies par~icipatingin posl-graduatc [eaching
in [he subject or subjeck concerned elected by the members
of rhc concerned Faculry Council for posl-graduale studies
from amongst rhemselves;
(vi) four Principals, o f whom three shall be from undcrgradunle
colleges of Arls. Science, Cornn~erccand Law and one shall
be from il leathers' training college, elecred jointly by I he
Principals of such colleges:
--
' T h e words wi~hinrhc square bnckcts icrc inscncd by .F, 6(a) or the Nonh Bcngal
Unircrsily (Amcnd~ncnr)Acr, 1993 (Wcsl Bcn. AcI VllI of 1993),
LatestLaws.com
XXV of 1981.1
~ o w c and
s 25. (1) Subjecl lo tlie provisions OF this Acl, and the Siarules, the
iunclions of
lhcCoullcilr Ordiwallces and Lhc Regula~ions,a Council Tor undergraduate s~udizs
rur undcr- shnll exercise the rollowing poivcrs aud pcrform the I b l l u w j ~ ~runctions:-
g
cndunlc
(i) to recommend to thc Esecu~iveCouncil ihe arfilialion of n
college or an i n s ~ i ~ u ~ iino none or more subjec~s;
(ii) ra ensure annual inspeclion of collcges:
(iii) lo exercise gcncral supervisioii ovcr the collegcs to ensure
that thc candilious or affiliation arc propr.rly fulfilled. h e
standard of teaching is unifomIy rnninlained and syllabi as
prescribcd are properly co~nplctedrvilhin Ihc acaden~icyear:
(iv) In Lx thc last date ol' admission or studcnts LO diIfcr-c~~l
caurscs o r studies and thc dale of conitnencemcnt or
examinations in consullltlion wirh olher C o u ~ ~ c i llor
s
undergmcluate s ~ ~ r d i e s .
(v) LO appoint Head Examiners, Examiners, Paper-selters,
Scrulincers, Co-ordinalors, Conveners, Tabulators and other
persons under the gcncrul sup:rvisio~~of he Exccu~ivc
Council:
(vi) to hold and conducr examjnations and to approve nod declare
illz resul(s or the exan~ioalionswithin such period as may
be prescribcd;
(vii) 10 recommend to thc Esecutive Council h e disaffilialion or
~virhdrawnlot nffilialion OF any collcge in respcet of any
subjecl or subjccrs, if. on ~ c e i p rof a writlen rcpon from
a learn of lnspcdors appinicd by i h t Univcrsiiy, the Council
i s uT opinion that proper standard of leaching is not
maintained or conditions uf aflilialion dre not properly
fullilled or the results o f [he candidates sent up by the
college For arly cxi~rninaiionare u nsalislaclory or [he college
has failed 10 Eompl y with the direclives of the Council;
(viii) ro establish, mainrain and manage HaIls and Hoslels of
undergr~dualccollcges;
LatestLaws.com
XXV of 1981.1
.. .
.- - ..- - -..,
. . . ,. . .
..
. . -
(xix) to follow thc guide lines .and Lhe rules framed by die Universiiy . .....
. . ..
..
...
26. '(1) (a) There shall bc e Dean for each of the Faculty Council
for posr-graduate studies in Arls, Con~nlerceand Law and the Faculiy
Council for posl-graduate srudies in Science, who shall be a Professor
of the University.
'(b) There shall bc a Dean For thc Faculiy Council for posl-graduate
sludies in Medicine who shall be n Professor a f he Norlh Bengal
Medical CoIlegc.
'Sub-section ( I ) w& lilirsl subslirured by s. ?(a) or the North Ecngal bnivc<ity (Arncnd-
menr) Acl, 1993 (iVcs1 Bcn, Act VIIl 011993). lien suh-secrion (1) cnnsiaing of clnuscs
(3)and (b) was rcsubs~ilulcdby s. 2(1) of 11ic North Btngal Universi~y(Amtndmcnl) Acl,
1996 ~ V E I Ben. Acl I X or 19-76), b7nally, clause @) rvns subsliru~edby s. 3 or rbc Nonli
Bcngal Univcnily (Amend~ncn~) Act. 1897 (Wc51Bcn. Ac1 XVII of 1997).
LatestLaws.com
XXV of 1981.1
28. There shall bc a Finance Commilree wilh lhe Vice-Chancellor Thc Finilnuc
commillccn
as thc Chairman. Thc conslilulion, powers and runclions of Ihe Finance
Comrnirke shall be prescribed by Slalules and i ~ procedure
s in financial
mallers, including the delegalion of its powers. shall be prescribed by
Ordinances.
(v) LWO pcrsolis, 1101 holdin: ;lily orficc OF prolit under the
University and having special knowledge of ~ h csubject
whicl~the Rcndcr or [lie Leclurcr will teach, non~inaledby
the Exccurive Council.
Roccdurc 30. (1) Tllrze mcmhcrs, of wllom a1 leas1 lwo shall be persons
lor hold in^
rncc~ingsor having special knowledge in llic subjec~co~icerncd.shall be a quorum
Sclcc~inn [or a meeting of n Sctection Commi~tce.
Comn~irrcd,
(2) If the Execurivc Council dots no1 accepr r l ~ erccomrne~~dation
of i~Sclecrior~Cornmiltee, i t slialI rercr the reco~i~mendationback lo he
Sclccrion C o m m i ~ c cwi~hreasons for reconsjdenlion and ifthe Exccurive
Counci I does no1ilcccpl [he reconsidcrcd views of rhc Selec~ionC o m i ~ e e .
the mnrlcr >hall be refcrrcd ko [lie ChnnccIlor wilh rcLsoiis and tht
decision of the Chancellor shall be final.
Lcllcr or 31. (1) Every Tcnchcr. every olficer nnd every employee 01 thc
appoinlnlcnt
or Tcachcrs. Ul~iversityshall. on appoinru~e~il as such, be proviclcd with a leller OF
ornccrs and i n g rerms and condi~ionsor appoinlmcn~as
appointment c o ~ ~ ~ a i n sucl~
emplnyccs.
nlny be prescribed by Ordini~nccs.
(2) A Tenchcr or an orlicer or an eniployec uppoin~edagainsr a
permanent vacancy shall bc on probarion ordinarily for a period of onc
year rrom the date of stich appoi~l[mentand sucb period of probntion
may, at the discrclion of [he apprvpriale aulboriry or the University, be
extended rur a iurtllzr pcriod not escerding one year.
(3) If, a[ any time during [hc period of probalion, !he pr~bationer's
work is not coilsidered sa~ishciory,Lhe probationer shall be discharged
by the aulhoriry concerned.
(4) On surisf;rc~orycomplcliorr of lllz period of pfobation, a Teacher
or an olficer or an employee, as [he case may be. shall be confirmed
w i ~ hefficl from [he date or his ;lppoinrment on probation by an order
in wri~ingmade by Lhc Universiry in this behalf and [he fact of such
confirmalion shall be communicafied [o the pcrson concerned:
Providcd 1ha1 if. on completion of thc period of proburion, no such
ordcr of conlirmadon is made and communicn~rdLo [he person concerned
wirhin a pcriod of rwo months of the complerio~~ of [he period of
probation, \lie pcrson concerned shall be deemd 10have been conlirrned
with errcct from [be diltc or his nppoin~mcn~ on proba~ion.
XXV of 1981.1
- - .. , , . ,
'33. The Exccutive Council may, subjecl 10 Lhe provisioiis o l this Slanding , .
cornln~tlcc . .. , ,
34. (1) If in the case OF ally dispule bctween the Universi~yand any
Teacher, officer or cmployee of thc University no final order has been
passed by rhe University wilhin a period of o n e ycar from the date on
which the disputc was referred to the Universiry by such Tenchcr, officer
or cmployee, such dispute shall, on the requesr or such Teacher, officer
or cmployee, be rercrrd lo a Tribunal consisring of lhc rollnrving members,
namely:-
(i) a Chairman, who shall be nominated by thc Chancellor in
consultation with [lie Minisler:
(ii) one pcrson to be nominated by the Exccutive Council;
Iiii) one person to be nominated by ihe Teacher, officer or
enlployee concerned.
(2) Any appeal from an cmployee ofthe Universily in a discipliuary
maltec shall be referred to the Tribunal and shaIl be decidcd and disposed
of by ihe Tribunal.
'(3) The Tribunal may call for any record, repor1 or other inrormnian
rrom the University if, in it-i opinion, such recurd. report or other
inForrnalion is necessary Tor crficient discharge of jb. functions. and the
Universiry shall furnish such rccord, reporr or other infonnarian 10 the
Tribunal.
(4) The decision oFlhe Tribunal shall be final and nu suil or proceeding
shall lie in any civil court in rcspect of the mallcrs decided by rl~e
Tribunal.
(5) Every requcsL under sub-section ( 1 ) shall be deemed to bc a
submission to arbitration upon [he terms of this section, within thc
~u or 1910. meaning of rhz Arbitration Act, 1940, and all [he provisions of that Act
with [he exception or sccrion 2 thereor shall apply accordingly.
. Act, 1951.
Tlie North hellgn1 Ur~iversi~y
[West Ben. Acl
guverrririg all arrrlrorilies or
(Clrapter 1V.-Getreral pro~~i~siot~s
35, 35A.)
oiher bodies otrllle U~~iver.sity.-Secriotrs
CHAPTER rV
General provisions governing a11 authorities or
othcr bodies of h e University.
XXV of 1981.1
(Cfruprer1V.-Get~eral provisiorrs govenlit~gall ul~ll~orifies
or
orller bodies of rlie Ut~iversiry.-Sectiu~is36-39.)
38. (1) Any casual vacancy among thc clectcd members of any Fillin~or
vncancics.
authoriry or body o r h e University shall be lillcd, in such manner and
wilhin such time as may be prcscribcd, by eleclion by such nuthorily
or body of a person representing [he inleresl which the member, whose
seat has become vacan t, represented.
(2) Any vacancy among !he norninaled members of any authori~y
or body of the Univcrsiry shall be filled, within such lime as may be
prescribed, by nomination by [he person or authorily that nominated [he
mcmber whose seat has become vacant.
LatestLaws.com
Acr, 1981.
T11eNurrll Uengal Utiivcr.~iq
XXV of 1981.1
CHAPTER V
Funds of lIie Uflivcrsity, Accounts, Audil and lnspcct ion
42. Thc University shall Iiave n rund to be known as Ihe Universiry 'I'hc
Uniwaiiy
Fund to which shall bc credited 311 irs incoluz rroln fees, lines. 1:ur~I.
contributions, donarions. loans and ~ddvauccsand horn any other source
whalsoever. Thc Universiry may also crenre. by Ordinances made in this
behalf, separate speciaI ruilds for the adlainistration o r endowmenrs,
trus~sor specikc zr;lnt5 or grants for other spccial purposes.
43. (1) The budget of the Univcrsity showing the rcceipr and
expendilure of [he Universily on c1ilTere111nccounts for a financial year
shall bc submitted to [he Srale Government ior approval at least rour
months bcfore [he beginning of such financial ycnr in such rclrin as ]nay
be specilicd by ihe Stair: Governnlcnr.
(2) The Sure Govcmment shall. wirhin fi irccn days of commeacemcnl
of the financial year to which the budgcr relales, comrnunica~cils approval
or otherwise o f [he budgcl 10 rile University:
Providcd that rl~eStare Government shall, from lime to tirnc, release
grinfi to the Universig ro incur expenditure till rhc budger is approved.
(4) Notwithstanding nnylhing to the contrary coalaincd in [his ACI,
the University shall not. cxcepl wit11 the prior approv:~lof rl~eS u r e
Government, incur any espenditure on any account in cxcess oi the
amount specified in rhc budgel on that accounl.
44. Any providenl fund insliiurcd by !he Universily Tor [he benifil Pmvidcnr
Fund.
1901 1925. of i l empIuyces
~ shall be governed by the provisions of lhe I'rovidenl
Funds Act, 1925. as i T such fund wcre a Govcmment Providenr Furld
and the Executive Council shalI have power ro frame S[alutrs no1 inconsis-
tent w j ~ hthe provisions of rhac Acl, for [he ndminislration o f the rund.
~nspcciion. 46. (1) (i) The S t a ~ eGovernmcnt shalI have the righl-
(1) to cause an inspcci~ion to be made, by such person oc
pcrsons as it may direct,-
(a) of the University, irs buildings, labonlories, librxies.
museums, press eslablishmcnt, workshops artd
equipmenl,
(b) or any college or institulion rnain~ainedby or affiliated
to the Universily, and
(c) into all alT;lirs of the University and of such college
or insritu~ionincluding examination and other work
conducted o r done by the Univcrsily or such college
or jnsrilution, and
(2) lo cause an enquiry ro be made into the income, expenditure,
properties,asscrs and liabilities of h e University and of any
college or instilution maintained by or affiliated 10 the
University.
(ii) The Statc Government shall, in every such case of inspection or
enquiry, give previous notice lo 1l1e University and if the inspeclion or
enquiry relatcs to such college or insritution,. both to Lhc Universi~yand
[he college or the inslitulion, as he case may be, of its intention to causc
such inspection or cnquiry.
(2) The State Governmcnl shnlI comrnunica~eto the Court and the
Execulive Council or to such college or ins~imlion,as [he case may be,
its views on the results of such inspeclion or enquiry and may, aFter
considering the opinion of the Court and the Executive Council or of
such college or inslilu~ionhereon, advise Lhe University or such college
or institution regarding the acrion which the Srale Government considers
fit to be takcn by Ihe University or by such college or inslilution in the
mattcrs cunccrned and the Universiry or such college or ins~ilutionshall
report LOthe S h ~ Governmcnt,
e within such dme as the Stale Govemrnenr
may direct, the action which is proposed l o be taken or has been taken
by the University or by such college or inslilulion to give effect to such
advice of r he S ~ I CGovernment.
(3) The S h l c Government may, aher considering !hc rcpon rcrcrred
lo in sub-scclion (2), advise h e Universiry or such cotlegc or institulion,
as [he case may be, to take such furlhcr action in the malters concerned
us may, i n the opinion of Ihc Statc Government, be necessary, and he
U~livcrsityor such college or insliluuon shall take or causc to bc taken
such furlher achon wilhin such time as may be specified in that behalf
. by Ihe State Government.
LatestLaws.com
~ B e r ~ ~ Utliilersily
T / INor~h al Acr, 1951.
XXV of 1981.1
CHAPTER VI
Stalulcs, Ordinances, Rcgulaf ions and RuIes
47. Subjecr ro the provisions or I his Acl, Slalu tes may be mode to Slalu~cs:
provide for all or any of the rollowing mailers:-
(a) the consliLulion, duties and powers of thc subordinale
auihori ties whicb may be cons~i~uled by the Univcrsi ty;
(b) the subordinalc authori~iesof which rhc Vice-CIia~~cellor
shall bc an c.r flficio member and Chairman;
(c) [he Elling of vacancies o r members of the subordillate
nuthoriries and all athcr matters relating 10 those slu~horities:
(d) the appoin~ment,powers and dulics of the officers or the
Universiry orher than thc Vice-Cl~anccllorin so far as rhese
have nol beet1 specifically provided for in his Act;
(c) the lenns and condirions of appoinlmcnt of the Registrar
and rhc Finance Ofticer:
(r) lhc constilution of a pension, insurancz or providciit fund
for h e benefil of Teachers, officers. and cniployees of ~ h c
University:
(g) (he conlcm~cn\of L~auararydcgrees;
(h) the wilhdrawnl of degrccs, diplomas, cenilicatcs and other
academic dis~inclions;
(i) rhc estnblishment of aulhorirics o f rhe Universily refcrred
lo in clause (7) of secrion 16 and colleges, libraries, museums
and 011ier inslilu~ionsslild abolition of such aulhorities,
coIlcgcs, libraries, museums and inst ilulions:
Q) the rnainte~~anccoC registers o f Govcrnmenl ColIeges,
constiiueru college and arliliated colleges:
(k) the mai~itenanccof a register of-
(i) Prorcssors of l l ~ eUniversily,
(ii) Teachers orher rhan Professors of the University,
(iii) Principals of affiliated colleges,
(iv) Teachers no1 bcing Principals of arfiliilrcd colleges,
(v) hll-rimc students of the University and affilialcd
colleges,
(vi) oFficers and non-leaching slafr or thc Universily and
non-tenching slaI-F of affiliated collcgcs;
(I) rhe rulcs and procedure for holding clcclions lo the C o u r l ,
thc Execu~i~t: Council :md other auiIiorilies and bodies of
Ihe Universj~y:
(m) the condilions undcr which colleges and orhcr insti~uiions
may be recognised or urfiliated by the University, and the
rvithdrawill of such recogni~ioflar arfilia~ion;
LatestLaws.com
LatestLaws.com
XXV or 1981.I
49. Subjec~to thc provisions of rllis Acl and thc Slalules. 0rdin;mccs 0rdinan~c.c~
inay be mad6 io provide for all or any o r [he following marlcrs:-
(n) ihc admission of s~irdeittslo the Universily and their . .. . . .
. .,
. . , . .
enrolmenl as such; . . . - ., . .
(b) the courses ors111dyto be Iaid down Tor all degrees, diplomas
and cerli Scales of ~ h cUniversity;
(c) the degrees, diplomas. cerlilica~csand otller academic
dislincrioiis to be uwardcd by rile Univcrsity, !he
qualiticalions for lhc same. and the examinations and papcrs,
il'any, lo bc passed and sirbmi~lcrlrctaling ro Ihc granring
imrl obtaining or tlie same;
(d) thc conditions o r the award of Fellowships, scholarships,
sludenrships, exhibitions. medals and prizes:
(e) the conduul OF exnlni~~ntions.
includilig the rerms o r orl'ice,
the manner of nppoinlmcnt, and I l ~ edulics, o f examining
bodies. examiners and modemlors;
(f) rhc rnain~ennnczo r discipline nfnong ~ h ch~udenrsill lhc
University and ~ k ecolleges:
(g) Ihe condiriuns of resideace ofstudcn~sat [he U~ijvcrsityand
~ I i ccolleges:
it- any, which may be ~nndefor
(h) LIIZ spccial nrr~ngerne~lls,
thc rrsidence, discipline and l e a c h i ~ or
i ~ \vomen srudents,
and prescribing for [hem or special courses of study;
(i) the crnolumenls, aud thc [crn~sand co~tditionsor service of
Teacllers or thc University:
Ij) Lhe mitnagemeol or collegcs and other it~slirutionsfounded
or mrri~i~ained
by thc Uniuersi~y;
(k) rhc supervision nnd inspecrion or collcges and orher
jnslj~li~ions;
(1) all other milrters which undcr Lhis Acl or rlte Slalules are
rcquired lo be or may he przscribed by Ordinances.
LatestLaws.com
How 10 50. (1) Ttlc Execurive Council sllilll t.&c inlo consjdera~io~l drafts
makc
Ordinances. of Ordiuances proposcd LO be pased, alirr notice thcrcof has been given
to the nlernbrrs of thc Excculivc Council a[ least Lhret: wceks in advance
of the date fixed Tor considcrarion of [he same by rl~eExrculivc Council.
Thc Vice-Chancellor may direct a shorlcr nntice i i ~a rnaller which in
his opinion is of an ernergen1 nalurc.
(2) An Ordinance shall be deemed to bc passed by the Execulivc
Council if i~ is agreed to by a majority or [he lolal number of members
of the Execulive Council exisling r r ~the timc.
(3) An Ordinance pnsscd by the Executive CounciI in [tie manner
providcd hereinbefore in this section shall be submirted to thc Chancellor
for asscn t 2nd shall come into force on bein:: a~sciiledlo by ihc Chancellor
and shalI bc rcported lo the Coua at ils nexr meeting.
(4) The Chancellor may ddirecr [ha1 [he opcrarion of any Ordinance
shall be suspendcd until such time as the Courr has had an opporlunity
of considering [he same.
(5) An Ordinance sliall unless cnncellcd or modified by [he Chnnccllor
remain in forcc until repealed or anlendcd by u new Ordinance similarly
passed and broughl into force.
51. Subjcct lo lhe provisions or this Act and !he Slatules and [he
Ordinances, Regulations may be rnadc 10 provide for all or any of the
following ma1tcrs:-
(a) [he proccdurc t o beohservrd at the meetings oiil subordinare
authorily and the number of members rcquired LO form a
quorum;
(b) the calliog of meetings or such subordii~a~e aulhori~y,and
giving of uorice to ils mcmhers OF rhe dates or [he meetings
and of the business lo bc considered lhereat and the keeping
of a record of the proceedings of such meetings:
(c) mailers which by 11iis Acr, rhc Slnlutcs or 111e Ordinances
are required lo be prescribed by Regula~ions;
(d) all olher mallcrs solely c w ~ c e n ~ i nagsubordinate authoriry
or a commitlce appointed by it and no1 provided Tor by [his
ACL,the Slalulcs or rhe Ordinances.
How IU 52. ( 1 ) The Executive Council or a Committee appointed by i t shall
mnkc
Rcgual~ions. lake inlo cons id era ti or^ drafis af Regulations, consisrenr rvirh this Act and
rhe Statules and the Ordiuancrs aflcr norice of the proposcd Regulations
has been given to [he members uf thc Executive Council a1 least lhree
wceks in ndvancc of Ihe date fixed [or considcralion of ihc same by the
Executive Council or ~ h Com~nittee
c appoin~cdby it. TheVice-Chancellor
may djrecr a shor~ernolicc in a malter which in his opinion is of an
emergem nalure.
LatestLaws.com
XXV of 1981.1
53. Subject to the provisions of tliis Acl and the Sl;~tu~es. Ihe R~;ICS.
Ordinances and r he Regulalions, Rules may be made for [he purpose of
duly carrying our the provisions or, or exercising the powers conferred
by, his Aclor to provide For lnntrzrs rvhicli, by lI~eStniurcs,the Ordinances
or rhc Rcgula~ions,art: rcquired to be prescribed by Rulcs.
CHAPTER VII
MiscclIaneous and Transitory Provisions
54. (1) Thc Vice-Chanccllur or. will1 [he approval or rhc Vice- Dclcgdioli.
Chancellor, the Regis~rar,may, subject 10 thc provisions or this Act,
dzlegare such of his powers or du~iesconfencd or imposed by or under
this Act 4s may be prescribed by the Sliirules to an officer of the
University under his direct administarive con~rol.
(2) Subject to thc provisions or this Ac1,-
(a) rile Court may delegale any o!' ib powers or duties, conferred
or imposcd by or under [his Aci. !+
(i) the Vice-Chancellor,
(ii) [lie Execuli vc Council.
(iii) o cornmirtee conslilulcd from among ils own membcrs,
or
(iv) it cornmiltee appoin led in accordndce with [he S larufes;
(b) the Executive Council may delegalc any of its powers or
dulics, couferred or imposed by or under this Act. t-
(i) thc Vice-Chnnccllor,
(ii) a committee constilu~edl i o ~ nanlong i rs own mcrnbers,
(iii) acornmiltee cunstirured in accordance ivilh [he Statu~es
or [he Ordinances.
LatestLaws.com
Passing,or 55. All properties and all righls of whatever kilid used, elljoyed or
pro~.nlc.<
and ngiils. possessed by, and all intcrcs~sof wllalever kind owned by or vested in
CIC. or held in rust by or Tor, the University of Norlh Bengal as conslilutcd
prior ro the appointed day (hereinnf'rer reierred 10 as the former University)
as well 2 s all liabilities legally subsisring against thc furmcr Univcrsity
shall pass 10 thc Universily as,constirured under this'Ac1.
Complcrion 56. Notwithstanding anylhing contained in this Acl, the Stalu~es,the
of cuurscs or
s~udicsin Ordinances and the Regulations, any studcnt 01a college affilia~edlo
collcge the former University, who was studying for any examinarion of 1he
arfiliarcd lu
rhc ronucr iorn-lcrUniversily. shall be perrniltcd to complele his course i n preparalion
Univcrsily. rhcrcror and [he university shall hold, Tor such~studenu,examinalions
in accordance with [he curricula ol'sludy in force i n the iorn~erUniversily
Ibr such period as rnay be prescribed.
l'msi~ory 57. (1) Thc Vicc-ChancelIor holding office at the dare of vublica~ion
provision<
and r c ~ a l . of this Acl in thc Oficiul Gtrzctle shall be [he first Vice-Chancellor o r
the Universily and shalI be deemed to have been appoin~cdunder lhis
ACLand he shall hold office for a period of two y c u s from the dare o r
publication of [his Act in the Oflciul Gnze~leor till hc attzlins thc age
of 65 years, whichcvcr i s earlier.
(2) The first Vice-Chancellur shall. with the approval of lheCI~ancellor
and wilh the assisrance or u commitree consisting of not less than ninc
members nominared by thc State Goverament, cause Lhe Sta~utes,rhc
Ordinances and [he R e p talions or the farmer Universjly to be reviewed
'
and, if he considers it necessary. cause [hem lo be amended.
LatestLaws.com
l(3) Tlie firs1 Vice-Cl~ancellorshall, wilhin six rnoiillis from thc date
of pub1 icalion or rhis ACLin rhe Officirrl Gnzetle 01. williin such Iongcr
period as the Slate Government m y , rro~nlime to time, by natificarion
dirccr. c:tusc arrnngemenls to be made so as to complete, wirhin the
period o r his orficc as the Lrsl Vice-Chancellor appointed under sub-
seclion (I), the constitu~ionof tlie Couri, the Excculivc Council. lbe
Facully Councils for post-gri~duiltesmdies, the Councils Tor undergraduate
srudies and the Boards of Srudics in accordance with the provisions of
thc Starules, the Ordinauces and the Rcgulil~ionsof llie ibrnier University
as revicwcd or amended under sub-seclion (2) a s if 11iey bad already
colne into forcc.
14) If, for any reasons,-
(;I) ihe conslitulio~~
o r the Courr, thc Executive Couhcil and
other bodies rererred to in sub-scctioo (3) cannot bc
compIctcd within rhe period of office of the first Vice-
Chancellor appoinlcd under sub-seclion (I), then, on the
expiry of such pcriod, thc Chancel lor oiay. i n consultation
with ~ l l Minis~er,
e on such tcrnls a11dconditiot~sas he thinks
Fil, appoint [he first Vice-ChnnccIlor whose period of officc
has expired or allother person to be thc Vice-Chancellor for
[he purposcs of this sec~ionfor such period ?[no[ exceeding
rwo years] SI: thc Chuncellor lliiliks fit. o r
(b) a vacancy occurs iu the office o r thc first Vice-Chancellor
before the expiry of [he period o r his office, hen. the
Chancellor may. in consullnlion wilh the Minister, on such
tcrms and condiljons as he thinks fit, appoint another person
to be the Vice-Chancellor Tor thc purposes o i [his section
Tor rhe unexpired porlion o r such period w such lunher
pcriod ?[no1 exceeding rrvo ycnrs] as the Chancellor thinks
fit,
and rercrences in this Act to lbe firs1 Vice-Chancellor shall be deemed
10 include references to the Vice-Chancellor appointed under rhis
sub-scclion.
(5) The Slare Governmcnt shall, by nolification in tile Oficinl Gaze~le,
appoint a date-and on and rrom such dale the Coun, h e Executive
Council, the Faculty Councils lor pos~-groduarestudies. the Councils for
'Sub-scciion (3) rvas substilu~edTor original sub-scclion by s. 5(a) uf ihc N o h B c n ~ a l
Univcrsily (Amcndmcnl) ACI. 1983 ( \ V c s ~Bcn. Acr XX ni 1983). w.e.f. 8.8.83.
T h c i v o d s "nor cxcccding cigli~ccnmonlhh" w t r t fils1 substituted lor thc words "no1
cxccdding one year", in clauses (a) and (h). by ss. ? ( I ) and 212). rcspcclivcly, or thc Nonh
Bcngd Univcrsiry (Amcndmcnt) Acr. 1981 (west Dcn. Acl XXVllI or 19R4)..Thcrc.1Rcr,
1I1t tvnrds wi~hinthc squarc: br~cliehwcre s u b s ~ i ~ u ~for'thc
cd words "no1 cxcccding
cigh~ccnrn3nlhsu, in clnuses (a) and (b). by ss. ? ( I ) and 2(2), rcspcc~ir.ely,of dlc Nonh
Bcngal Univcmily (Arncndmcn~)Acr. 1485 (\Vc<t Bcn, Acl VIlI uT 1985).
LatestLaws.com