LatestLaws.

com

LatestLaws.com
LatestLaws.com
Bare Acts & Rules
Free Downloadable Formats

Hello Good People !

LaLas

LatestLaws.com
LatestLaws.com
 LatestLaws.com

0
West Bengal Act X X n I of 19811
TIIlE BURDWAN UNIVERSITY ACT, 1981.

I
West Ben. Acr XVII of 1983.
West Ben. Act X X of 1986.
West Ben. Act VIll OF 1988.
- Wesl Ben. Act XI1 OF 1993.

of the Universi~yof Bwrdlvan

,411 Acf ro provide for /he reco~rs~itrrfio~r
and for cerlair~malrers cotrnecfcd rlrercwith or i~rcidcrt~ui~Ilerero.

Whereas ii is expedienl lo reconsliture fie Universily of Burdwan

lo enable it lo function more eHicienlly as a University encounging and
providing for instruction, teaching, training and rescarch in various
branches of learning and courses or sludy, promating advancement and
dissemination or knowledge and learning, and extending higher education
to meet [he growing nccds of socie~yand lo make the consti~udonof
various authorities or bodies of rhc University more democratic;
11 is hereby enacted in Ihe Thirty-second Year of the Republic of
India, by rhc Legislature or Wesr Bengal, as follows:-

CHAPTER I

1. (1) This Act may be called the Burdwan Universily Act, 1981. lillc
and
(2) This section and ?[sectian571 shall come into force at once; and commence-
the remaining provisions of this Act shall come into force on such date
or dales as the Stale Government may, by notification in the OJllcial
Gaze!lc, appoinr, and diFFcrent dates may be appointed for differem
provisions of chis Act. ,

2. In lhis Act, unless there is anything repugnanr in h e subjecr or klinilions.

context ,-
(1) "affiliated" in relation to a college or an institution means
affiliated to thc University of Burdwan as constituted prior
to the appointed day and continue as such immediately
bcrore such day or aiIiIiatcd 10 the University under this
Act;

'ForS~alemcnror Objccrs and Remons, sec the Calcurra Ga;crrc, f i m o r d ~ t r a PPYI

~.
I V or the 27rh Augusl, 1980, page 7563; for rcpon orthc Sclcct Commirtec, see ~ h rcc p n
or drat Cornmil~ccpublished in ~ h cCulcurru Cuzale, Fxrroordirrary, Pan 1V or thc 7th
April, 1981,pagcs W(1)-W(55); lor pmoEdingoflhc W=t BtngnlLcgislo~ivcAsrcmbly,
~ c cthe proceedings uF rhe mecling or h a t Asscrnbly held on the 10th April, 1981.
'Word and ligurcs within square bnckcn scrc subs~iiu~ed
for the word and figurn
"scclion 52" by s, 2 o l the Burdwan Univesity (Amcndmcnt) Act, 1983 (WCSI Ben.
Acr X V l l of 1983).
 LatestLaws.com

The Burd~vonUniversi~yAct. 198l.

[West Ben. Act

- --
,....
8 .
,..
,-. ,
, .. - -- -
-
- -,
(2) "appointed day" means the dale referred to in sub- L
..:. .,.
. . . ..

section (5) 01 section 57;

(3) "consuiuent college" means an affiliated college in which
instruction is provided, under prescribed conditions, for
honours ns wcll as for pusr-griduatc courses of study, and
which is declared z.such by the University:
Rovided hat, if in any professional subject no honours
courses of study hnvebeen prescribed. a pfcssional college
may be a cons~jtueatcollege aIthough no inshclion is
provided in (hat college for honours courses of sludy in [hat
subject;
(4) "convocation" means a meeting of !he Court for h e purpose
of conferring degrees, htles,diplomas, cedfrcales or other
academic distinc tions;
( 5 ) "districl" means any of the dislricts of Bankun, Birbhum,
Burdwan, Hooghly and Purulia or any districl which may
be crealed in future out of any pm or pmls of one or more
of he abuvementioned districts;
(6) "employee"in relalion to h e University mcans any person
employed by h e University;
(7) "finnncinl year" mcans h e year ending un the 31st day of
March;
(8) governm men^ College".means a college mainrained and
managed by h e Slate Government;
(9) "Govemor" means the Governor of the Slate of Wesl
BengaI;
(10) "Hall" or "Hostel" means a unit of residence for studenrs,
Teachers, officers or non-leaching staff recognised by [he
Universily;
'(1 1) "Librarian" means,-
(a) in relation to [he Universily, Librarian, Deputy
Librarian, Assistant Librarian or any oher person
discharging (he functions of a Librarian on whole-time
basis, by whatever name called, appoinred or
recognised as such by h e Universiry, and
(b) in relation to a college alfilia~edto h e University, a
Librarian, Depury Librarian, Assislanl Libmian or
any other person discharging the functions of a Libdm
on whole-lime basis, by whatever name called.
appvin~edur recognisedby h e University or appointed
by such college;

'Clause ( I I ] WRF s~rbsti~u~cd

ror original c l a u c by s. 3 of thc Burdwan Univcrsiy
(Amcndncnl) Acr 1983 (West Ben. Act XVIl of 19831.
 LatestLaws.com

The Burdwan Universiv Acr, 1981.

(12) "Minisler" means the Minister-in-charge of Higher

Education appointed as such by h e Governor ;
(13) "non-leaching staff' means,-
(a) in relation lo he Universiry, the non-leaching skiff,
not holding any teaching post (including part-time
teaching appointed or recognised as such by the
University, and
(b) in relation lo an affiljaled college, h e non-teaching
staff, not holding any leaching post (including part-
time leaching post), appointed or recognised by the
Universiiy or appointed by such college,
but does nor include an officer or a Librarian;

(14) "prescribed"means prescribed by the Swules, Ordinances,

RcguIations or Rules made under this Act;
(15) "Principal" means h e head of a college or of an insrilution,
by whalever name called;
(16) "professional college" means a Universiry college or an
affiliated college in which insmccian is provided primarily
for courses of study leading lo any degree. diploma or
certificale of the University in any professional subject
and which is recognised under this Acl as a professional
coIlege;
(17) "professional subject"means any of he EolIowing subjects,
namely, Law,~ e d i c i n eEngineering,
, Teachers' Training,
Physical Education, Agriculrure, Technology. Journalism,
Management Studies or such orher subjects as may be
prescribed by Regulations;
(18) "registered graduate" means a graduate regislered under
his Act, at least three months prior to the date of elecuon
of members to he Courl, on application in the prescribed
form and on payment of a fee of one rupee:
Provided that no person shall be eligible to be regislered
under this Act unless he has graduated himself from h e
University at least hree years prior to the date of election
OF members to he Coun;
(19) "S~tutes","Ordinances", "Regulations" and "Rules" mean,
respecdvely,the SLatutes, Ordinances,Regulations and Rules
'
of the University made under [his Act;
 LatestLaws.com

The Blrrdwari Universily Act. 1981.

[West Bcn. Act

(Clfup~erII. -The Universify and irs oflcerrs.-Seclo 3.)

(20) "Students' Union" means.- i. . -. -::-.--

,
{i) in relation to the Universily, [he Students' Union
consiituled in [he manner prescribed.
(ii) in relation 10 an affiliated college, [he Students' Union
consli~uledin the manner prescribed;
(2 1 ) 'Teacher" means a Principal, Professor, Assisranr Professor.
Reader, Leclurer, Demonslrator, Tulor, Instruclor or any
other person appointed or recognised as such by the
Universily, eilher whole-time or part-lime, lor [he purposc
of imparting jns~ruc~ionor conducdng research in the
University or nppointcd by a n afriliated cullegc or
ins~lution;
(22) "Teachcr of the University" means 3 Pro~cssor,Reader.
Lecturer or any orher person appointed or rccogniscd
as such by the University, either whole-time or pafi-time,
for the purposc of imparting instruction or conducling
research in the Uni versi~y;
(23) "Universi~y"mcansheUniversi~~ofBurdwanmcons~i~~ted
under this Acl;
(24) "Universily Laboralory", "UniversityLibrary", "Universily
Museum" or "Universily Inslilulion" means a laboratory.
a library, a rnuseuni or an ins~i~ution,
as the case may be,
maintained and managed by the University, whether
cstpblishcd by i! or not;
(25) "UniversityProressor", "University Rmder" or "University
Leclurrr" mems a Praicssor, Reader or LRcturcr appointed
or recognised as such by the University.

CHAPTER II
The University and ils unccrs

3. (1) The firs1 Chancellor and the firs1 Vice-Chancellor or the

Universily and h e first members of the Coun and the Execurive Cnlrncil
and all persons who may herealler become [he Chancellor of or the V i c e
Chanceliarof the Universily or Ihe member; or~htCourlor h e Execuiive
CounciI so long as lhey conrinue to hold such office or membership,
shall consiirur~a budy corporate by the name of rhc Universiry of
Burdwan.
( 2 ) Thc University shnII have prpetual successian and a common
seal and shall sue ond be sued by h e name of the University oiBurdwan.
 LatestLaws.com

The Brtrdlvan Universiry Acl, 1981.

(Chapter Ii.-The Universip and irs oflcers.lSec1ion 4.)

4. The Universily shall have h e lollowing powers, namely:- Powers . . .

ofthe - , .,
. . . .
(1) to provide for instruction and kainjng in such branches of University. .
. . . . . . . . .
learning as it may think f i ~and to make provisions for
research and for the advancement and dissemination of
knowledge;
(2) to establish, mainlain and manage colleges, libraries,
museums and such other institutions or centres as it may
consider fit;
(3) lo recognise any college as a constituent college or a
professional college and lo wihdraw such recognition;
(4) to affiliate to itself or to recognise colleges or instilutions
or centres;
'(5) to prescribe for cdleges, other than Government Colleges,-
(a) the conslilution, powers and functions of [heir
Governing Bodies, and
(b) wirh [he approval of the Slate Government,-
(i) the terms and conditions of service of Teachers,
Librarians and non-teaching slaff, and
(ii) rules for pmviden~fund;
(6) to prescribe for colleges the rules for Teachers' Councils;
(7) to provide for the inspecljon or invescigalion i n ~ the
o affairs
of colleges or instilucions or centres recognised by it or
affilked to it and Lo exercise general supervision and
conlrol over them;
(8) to take over for a period not exceeding twelve months h e
management of any affiliated, constituent or professional
college, inslitdon or centre ather than a Government
college, institution or centre in order to ensure that proper
standard of teaching, training or instruction is maintained
herein:
Provided that the University may, if it considers it
necessary so to do, extend such period so, however, h a t
rhe aggregate period shall not exceed eighteen monihs;
(9) to dissolve the Governing Body of any affiliated, constilueni
or professional college or institution or centre other than
a Government College and pending reconstitution of [he
Governing Body thereof in such manner as may be
prescribed Lo appoint an Administrator or an ad hoc
Governing Body:
Provided Lh~iicconstilution of the Governing Body
shall be made within a period of ~weIvemonths from the
date of i k dissolution:

'Clause ( 5 ) urssubs~itu~ed
For original clause by s. 4(n) of h e W t s ~Bcngd University
Laws (~mendment)Act, 1988 (West Ben. Act VlU of 1988). w.c.i. 15.4.19M.
 LatestLaws.com
LatestLaws.com

west Ben. Act '

(Chapter IL-Tlre University and its oficers.S c c r i o n 4. )

Provided funher that [he University may. if it considers

necessary so to do, exrend such period so, however. rhar
Ihc aggregate period shall not exceed eighreen months;
(10) to inslilute degrees, titles, diplomas, certificates and other
academic distinctions;
(1'1) to hold examinations and lo confer dcgrees, titles, diplamas,
certificates and other academic djslincljons to pcrsons wh+
(a) shall have pursued an approved course of study in the
University or in an affiliated,constilucnt or pmfcssional
college or Univeristy Library unless exempted
herefrom in the manner prescribed and shall have
passed prescribed examinations of the University, or
(b) shall have carried on research under conditions
prescribed;
(12) ro withdraw or cancel degrees, Li tles. diplomas, certificates
or other academic distincrions under such conditions as
may be prescribed by Statutes and after giving rhc person
affecfed reasonable opportunily to present his case;
(1 3) ro confer honorary degrees or other academic dislincuons
under condilions prcscribed;
(14) to instilute and make appointment to Professorship,
Readership, Lectureship and orher posls required by the
University for the purpose of imparljng instruction or
,
conducting research in h e University;
(15) to create posu as and when required of officers and
emplayees of the University besides those provided for in
this Act and 10 appoinr persons to-such posts;
(16) lo institute awards, fellowships, travelling fellowships, .
scholarships, studentships, stipends, bursaries, exhibitions,
medals and prizes;
(17) to prescribe, subjecl Lo h e provisions of his Aci, rhe
constiluhon, and dulies of the Boards of Sludies,
Finance Cornmitree and other bodies;
(18) to prescribe the powers and duties of officers of rhc
University;
(19) to prescribe. subject to ~hcprovisionsof this Act, the [ e m s
and conditions or service, including the mles of conduct
and discipline. and h e emolumenls Ibr all posts of Teachers
and oher employees of Ihe University;
 LatestLaws.com
LatestLaws.com

The B~irdwa~i s i f y1961.

U ~ ~ h ~ r Acr,

(Cl~aprerII.-T~IE Uuiversity and ;IS oflcer.~.--Secliorr 4.)

(20) lo make bmvisions Tor providen~fund and orher funds for

the employees ol h e Universiry;
(21) lo eslablish, maintain, manage or recognisc Halls. Hos~els
and other places of residence for h e sludents, Teachers,
officers or non-reaching staff of the Universiry, to wirhdnw
such recognition, and lo take over lhe management and
maintenance of exisling Halls, Hosrels or places ofrcsidence
for studenrs, Teachers, officers or non-[caching slaff of the
University wjrh the consent of the aurhoridcs thereof;
(22) to recognize such hos~elsand other places of residence and
withdraw recognition therefrom:
(23) 10 prescribe. demand and receive rccs, fines and olher
charges;
(24) 10 provide for the promotion of the health and welfare of
s~udentsand of discipline anlong them;
(25) to conduct, co-ordinale, regulate and coi~trolh e posi-
graduate research work and leaching in the Universiry, the
constituenl, prorcssional and afIiIiarcd colleges and the
insti~utionsrecognised by [he University;
(26) ro make grants lo the Nadonal Cadet Corps and Nalional
Social Service from h e University Fund;
(27) to enter into an agrcemenl with h e Slate Governmen1 or,
with the approval of the Slate Government, with any other
Government or with any person, body or aulhori~yfor the
h k n g over by [he Univcrsity of the management of any
college or institution, including i ~ assets
s dnd Iinbilities, a r
for any other purpose nol repugnanl lo the provisions of
his Acr;
(28) lo acquire, hold and dispose of propeny, movable and
jmmovable, and lo makc granls and advances for furthering
any of its objeck;
(29) lo accept and fidminis~ergirts.cndowrnen~and benefaclions,
for he furlherarlce of any of iu objects, for the University
or on behalf of any college or institution established by,
afriliated to, or recognized by, h e Universi~y,and lo inslilule
awards. fellowships, travelling fellowships. scholarships,
studenrships, slipends. bursaries, exhibitions, medals and
prizes;
 LatestLaws.com
LatestLaws.com

Tifc Burdwarl Universip Act, 1981.

[West Ben. Act

(Clrr~pprer11.-fie Utlhlersily otld irs oflccrs.-Secrions 5. 6.)

..,..-
(30) to accept grants lrom thc Cealral or any State Governmcnl , .
. . . .

or the Universily Grants Commission.and, wit11 h c approval

or [he Statc Governmenl, also from other sources, 10raise
loans, or lo accepl loans from the Central or rhe State
Go\lernment or d ~ eUniversity Grants Commission and
from other sources:
Provided [ha[ raising of loatls and acceptance a i loans
from other sources shall require the approval of hc Slate
Governmenl;
(31) lo co-operate wilh othcr universities, instiiutions and
educational aulhorities in matters that relate to and furhcr
the cducarional objec~ivesof the University;
(32) generally to do all such acts and lhings as may bc necessary
or desirable for. or irtcidenla] 10, [he advancemcnl of the
objecls or purposcs of thc University.

Jurisdic~ion 5. ( I ) Save as orhenvise provided in \his Act, the powers of Lhe

of the
Univcmity. University conferred by or under this Acl shall extend 10 h e whole of
each of the dislricls referred to in clause (5) of section 2.
(2) Notwilhstanding anything conLajned in sub-seclion (l), the
lerriloriol limits of [he University shall not incIude any area which, for
the time being, is incIudcd within the local limils of jurisdiclion of any
other Univcrsiry es~ablishedby law w i hin ~ West Bengal.
(3) Nothing in this Acl shall affecl the powers exercised by [he Visva 29 OT 1951.
Bharati 31 Santiniketan in [he disuict ofBirbhum under the Visva Bhara~i
........
. . . . . . .
Act, 1951. . . . . . .
. .

(4) The Universily shall not exercise any power conferred by or

under this Act in respec1 of any colIege si~ualebin any area includcd
within the limits of the Semnlpore subdivision of the djsrrict of Hooghly.
(5) Notwithstanding anything conrained in sub-seclion (I) any college
or jnsiitution situated beyond [he ljmils of any dislnct referred lo in
cIause (5), of section 2 may, wilh the sanction of the Stale Government,
apply to Lhc University for afilia(ion and the University may,subject
to such condirions and restricdons as it may with the approval of the
State Government think fii lo impose, affiliate 10 irselr such college or
inslitution and admit the same lo all the privileges of h c University.

Dclcgalion 6. The University may delegate such of its powers as ir may deem
of p w c n .
expedient LO any or the auihorities conslitured under seclion 16 or ro any
of its officers, and may,at any time, wilhdraw at ils discretion any power
so delegated.
 LatestLaws.com
LatestLaws.com

-- . - - .. -
,, -
. . -. .. .... .. . .. . . .
7. The following shall be Ihc officers OF he Universiry:- Ofliccrs .
. . .
. . . . .
. . . . ., .. .. .
. .
+; or 1hc
(i) l11e Vice-ChanceIlor, Univcrsi~y.
(ii) the Rzgislrar,
(iii) the Finance Officer, and
(iv) persons holding such orher pasu as may be declared by
Slalules to bc posh of officers of [he Universily..

8. (1) The Governor shall, by virlue of his office, be the Chancellor T ~ C

Chanccllor.
of the Universily. Heshall be thc Hcad of the University and [he Preside111
of [he Court and shall, when prcscnl, preside over the meelings of the
Courl.
(2) The Chancellor shaIl exercisc such powers as may be conferred
on him by or under the provisions or this Act.
(3) Where power is confcrrcd upon the Chancellor l o make
nominations to any authority or body or the Universily, the Clirriicellor
shall, co Ihc cxrent necessary, nominate persons lo rcprcscnl in~cres~s
no[
olherwisc adequately represenled.
(4) Every proposals to confer any honorary degree shall be subjecl
to conFirmalion by the Chancellor.

9. (1) The Vice-Chancellor shall be appoin~edby the Chancellor Thc Vicc-

Chanccllor.
on h e unanimous recornmendalion of the Courl. IT rhc Cour~fails to
make any such recommendation, [he Vice-Chancellor shall bc appoinled
by [he Chancellor in consulla~ionwirh rhe Minister from a panel of rhrce
persons to be elecled by thc Court in accordance wilh h e system or
proportional represenlation by means of the single lransferable votc.
(2) (a) The Vice-Chancellor shall hold office for a term of four
years or ill he arlains h e age of 65 yeas, whichcvcr is earlier, and shall
be eligible for re-appoinlment Tor only nnoficr term or four years or lill
he a~lainsh e age of 65 ycars, whichever is earlicr.
@) Thc Chancellor may. notwithstanding thc cxpiralion of [he term
of [he office of the Vice-Chancellor or his arlaining the Age of 65 years,
allow him to continue in office till a successor assumes office, provided
that he shall no1 continue as such for any period cxcecding six
months.
(3) The Vice-Chancellor shall be a whole-lime orricer or thc
Universily and shall be paid rrom the University Fund such salary and
nllowances 3s the Chancellor may decide in consultation with [he State
Governmeni.
(4) The Vice-Chancellor may resign his office by wridnp under his
hand addressed to the Chancellor.
 LatestLaws.com

[West Bcn. Act

(5) If-
(a) the Vice-Chancellnr is, by reason 01 leavc, illness or ott~er
cnusc, temporarily unable lo cxercise Ihc powers imd perfomi
rhe duties of his office, or
(b) a vacancy occurs in the office or [he Vice-ChnncelIor by
rcason 01 death. rcsigna~ionor expiry of lhe lerrn of his
office or ohenvise.
then, during rhe periad of such tcrnporary inability or pending the
appoirilmenr of a Vice-CllanceIlor, as lhc case may be, the Chancellor
in consul~olionwith thc Minis~cr nay appoint person to exercise [he
powers and perform thc duties of rile Vice-Chancellor.
(6) Thc vacancy in 111e oflice of rhc Vice-Chancellor occurring
by reason of dearh, resignation or expiry o i the lerm 01 his office or
ohenvise shnlI be filled up by appoinlrnen~or a Vice-Chancellor in
accordance with the prov~sionsof sub-scc~ion( 1 ) wirhin a pcriod or bix
months horn rhe date of occurrence OF the vacancy.
P ~ W and
C ~ 10. (1) Tllc Vice-chancellor shall be rhe principal execurive and
du1ic.s 01
lhcVicc- ncadcrnic officcr or the Universiry and shall in the abscnce OF the
Chnnccllor. Chat~cellor,preside over the rnectirlg of he Courl. He shaI1, by virlue
or his officc, be a lncnlbcr and ihc Chairman of Ihe Exrcurive Council
and the Facuity Councils for Posr-Graduafe Studies and also ~ h c
Chairman of any othcr authority or body of h e Universily of which
he may bc a member. He shall also be cnritled cy be presenl a( and to
addrcss any meellng or any orher authority or body of the Universily
of which h e may nor be a member, but shall nDl bc enlifled to vote
rherea~.
(2) TItc Vice-Chanccllor shalI have !he power lo convene mceljngs
o1 the Courl, ihc Executive Council, rhc Facul~y. Councils for Posl-
Graduate Studies and Council for under-graduale studies and of any
olher auhori~yor body or the University.
. (3) 11 shati be he duly of Ihc Vice-Chancellor to ensure War ~e
provisions of this ACI, and ~ l l eSra~utes.the Ordinances, [he Regulnljons
and tile Rulcs arc failhfully observed and to Lake such acrion as may
be necessary for this purpose.
(4) The Vlcc-Chancellor shall have [he power lo cxercise general
conlrol and supervision over all othcr officers of the University and
over all teachers and employees of the Universiry and generally over
all [he affairs of the Univcrsily.
(5) The Vice-Chancellor s l ~ a l lexercise such olher powers and
discharge such alher duties as may bc delegawd lo him by any authority
OT body or thc University or as may be prescribed by Srarutes,
Ordinances and Regulations.
 LatestLaws.com

(6) The Vice-Chancellor may takc on bchalf of he University such

- aclion as may deem expedient i n any mattcr which, in his opinion, is
either urgenl or of an emergenl nalurc and shnll reporl Ihc same for
confirmation aL the next meeting or thc authori~yor body which in the
ordinary coursc, would have dealt wirh [he mailer:
Provided rhat if Ihe aclion lakcn by lhc Vice-Chancellor is no1
approvcd by the aulhori~yor body concerned, h c matier shnll immcdia~ely
be rcierred to the Chancellor whose decision ll~ereonshall be final.
(7) The Vice-Chancellor may, wilh he approval of Executive Council,
at any time delegale any of his powers olhcr than Ihe powcrs referred
to in sub-section (6) l o any other officer subordinalc to him.

11. (1) TheRegistnrshaltbeawhole~imeofIicerofthcUnivcrsi~y,n i c

Hc shall be appoinled by rl~eExecutive Council on thc recommcndittion Rcgi"rx
oFa commilree consisting of the Vicc-Chancellor as Chairman, a nominee
of Ihe Chancel lor, two nominees of the Exccudvc Council and a nominee
01 thc Stalc Government.
(2) The Regislnr may resign his office by writing under his I ~ a ~ i d
addressed to the Vice-Chancellor.
(3) I1 h e Regislrar is for any reason temporarily unable to exercisc
!he powers or perform [he duries or his office, the Vice-Chancellor, w i h
rhe approval of the Execulive Council, may appoint a Teacher of [he
Univemity or an officer of h e Univcrsily temporarily For a [oral period
not exceeding six months 10 exercise Ihc powers and perform rhe duties
of h e Regislrar.

12. Subjecl to [he supcrvision, direction and general con1101 or the Pnlvcrs and
dulics or 11ic
Vice-Chancellor. the Regislrar shall act as the Secrelary of b e Coun as Rcgi,lrat,
also of the Execurive CounciI and shaIl exercise such powers and perlbnn
such duties as may be prescribed or dclcgated to him by or under the
provisions of [his Acr, the Statutes, rhe Ordinances or the Regulations,
3s the case may be.

13. (1) The Finance Officer shnll be a wl~oletinieofficer of thc Ihcblnnncc

OmCCr'
Univcrsily. He shall be appoinlcd by the Executive CouncjI on [he
recommenda~ionof a cornmillee consisting o f tlie Vice-Chancellor as
Chairman, a nomince OF thc Chancellor, [wo nominees or thc Executive
Council and a nornincc of the Stale Government.
(2) The Finance Officer may rcsign his office by wriling under his
hand addressed to the Vice-Chanccllar.
(3) If lhe Finance Officer is for any rcnsan ~cnlporarityunable lo
exercisc the powers or perform the duties af his o r k c , thc Vice-
Chancellor, with [he approval o f Ihe Execu~iveCouncil, may appoin~a
person lernporarily For a I D I ~ Ipcriod no1 exceeding six months lo exercisc
Ihe powers and perfor~nthc duties of the Finance Officer.
 LatestLaws.com

The B~trd~vrtn i ~ 1981.

U ~ l i v e r s Acl,
I

[WaC Bcn. Act

(Clruprer ii-TficU~riversiryand i r ~oIficcrs.-Sccriorrs 14, 15,-

111.-A~rthnrities 01[he Utriversiry-Secrio~~s16, 17.)
CIrr~pie~~

14. ( 1 ) Subjecr ro the supervision, direcrion and general conrrol or

the Vice-ChaocelIor. the Finance Officer shall be in charge or the
adnlinisrrarion or the funds, [he finances and thc propcrlies and assets
of tllc Uiiivcrsily and of all rrusls and endowments; and he shall lake
special inleresl in activilics that aim a1 raising funds for thz purpose of
the University and augmenting resources of thc Universiry.
(2) The Finance Officcr shall exercise such olher powcrs and perform
such olhtr duiits as may be prcscribcd or deleg;ltcd lo him by OT under
[he provisions of [his ACL,thc Sriltules, the Ordi~iimcesor h e Regulations,
as !I]e case may be.

Supcmiwry 15. In rhcir respectjve spheres of dullcs, Ihc Regismar and he

poirrcrsof
thc Rcgistm Finance OFficcr shall, subjecl [o the provisions of [his Acl, have [he
3rd lhc power of supervision and control ovcr all officers and employecs serving
Finn~lcc
(1: Ciccr. in deparlmenrs under [heir charge and shall exercise such disciplinary
power as may bc cobfcired on thcm by or undcr tlijs Act or he Srfitules
and Ordinances made [hereunder.

CHAPTER IT1

Auihorilies of the University

IG. The following shall be the authorities of the University:-

(1) !he Coun:
(2) lhc Exc~ukivcCounciI;
(3) ihe Faculty Cour~cilsFor Posr-Graduate Studies;
( 4 ) [he Councils for undergraduate Srudies:
(5) the Bwrds of Slud~es;
(6) the Finance Comrnillec; and
(7) such olher aulhori ties as may be esrablishcd under [he
Shlutes.

17. (1) The C0ui-1 shall consist o f [he following members,-

(a) ex t~flciomembers-
(i) the Chancellor:
(ii) rhc Vice-Chancellor;
(iii) {he irnmedjately preceding Vice-Chancellor;
(iv) the Deans of rhc Faculry Councils for Post-
Graduare Studics;
 LatestLaws.com

The Burdwatr U n i ~ ~ rAct,

s i ~1981.

(v) the Secretaq, Educslion Deparmen~,Governmenl

of West Bengal '[or his nominee no1 below the
rank of Deputy Secretary 10 rhe Goveramenr of
West Bengal];
(vi) the Secretary, Finance Department, Government
of West Bengal or his nominee not below the rank
of Deputy Secre~aryto [he Governmenr of Wesr
Bengal;
(vii) Ihe Preddenl, Wesl BengaI Council of Highcr
Secondary Educalion;
(viii) h e President, Wcsl Bengal Board of Secondary
Educauon;
(ix) h e Principal, Burdwan Medical College;
(x) the Principal, Regional Engineering College,
Durgapur;
(b) clccied tnenrbcrs-
(xi) four Professors of the Uoiversily Deparrmenrs
elected by such Professors of whom at least one
shalI bclong lo any Departmen1 under each Facully
Council;
(xii) eleven Teachers or Ihc Univcrsily Dcp~rlmcnls
olher 111an Professors elecled by such Tenchcrs
from amongst thenuelves of whom at leas^ three
shall bclong lo the Deparrmenb under eacli Faculty
Council;
(xiii) ten ~eachersother than principaIs of whom a[ leas1
one shall be a woman elecred by hc tcachcrs of
affiliated colleges (orher than leachcrs' waning,
engineering and rnedicd colleges) from amongst
themselves;
(xiv) one teacher elected by llle teachers of h e Teachers'
Training Colleges and olher affiliated professional
collcgcs (other 1han engineering and medical
'colleges) from amongst themselves;
(xv) rwo reachers of whom not more than one shall be
a proressor elected by [he teachers of the
engineering collcges from amongst themselves;
(xvi) lwo ~eachcrsof whom not more than one shall be
a prolessor cleclcd by h e teachers of medical
colleges from amongst Lhcmselves;

'Words wi~hinthe s q u m hnrkcrr lverc inscncd by s. 4(a)oThc \VC.F~

Bcngill Universi~y
LIWS(Arncndrncm) .4cl, 1986 (~VCAIBen. Acl XX 01 1986).
 LatestLaws.com
LatestLaws.com

T l ~ eBtird~vari Un i v e r s i ~Act. 1981.

I
!
[ \ V a l Ben. A c l ,

I
f xvii) three principals of a f f i l i ~ ~ ecollegcs
d (orher lhan
medical and engineering collcges) of whom one
shall be a principal of a Tcochers' Training Collegc
elecled by thc principals orsuch arliljalcd collcges;
(xviii) [hree persons electcd by the registered graduates
rrom amongst themselves;
(xix) rhree mcmbers of rhe Wcsl Bengal Legislalive
Assembly reprcseniing the rerrilorial jurisdiction
of [he University eIecred by the mcmbers of [he
Wesl Bengal Legislarive Assembly;
(XX) lhree rcgulnr Post-Graduate students of the
University 01whom one shall bc a lady sluden~,
elecled by such sludcnb of the University from
arnongsl themselves;
Explattu~ion I.-"Rcgular POSL-Graduate
srudenl" shall mean a sludenl who has been
prosecu~ing his sludies in a Posl-Graduate
Depaflmcnl or [he University under any Faculty
Council for Post-Graduate Studies and who is no1
in defaulr of payment of Lhe prescribed ruition fees
and orher dues or [he University [ill such date as
[nay be nolificd by the University for [he purpose;
Expla~~ori#~r [I.-Nolwilhslanding anyihing
contained elsewhere in [his Acr, a regular Posl-
Graduale student elected under this clause shall
hold ofice for a period of Live years from the dale
o f his elecrion or [ilI such rime he ceases to be a
rcgular Posl-Graduate student of the University,
whichever is earlier;
'(xxi) rwo reguIar sludents proseculing [heir sludies in
u ndergraduare or post-gradualc degrce classes of
arfilialcd colleges, elccted joinlly by such
undcrgmduale and post-gmduare sludents from
arnongsl Ihemsclves;
E~plutra~ion I.-"Rcgular studcnt" shall mean
a student who has been proseculing his studies in
any stream in an undergnduale or Post-Graduate
Degree classcs of an affiliated college and who is
not in defaull ?log paymen1 or prescribed [uirion
fees and other dues of such college ljll such dale

Tor original clause by s. 4(n)(i) v l ~ h cBurdwan Unircniry

'Clause fxai) rvas substi~u~ed
(Amcndmcnr) Acr, 1983 (\Vest Bcn. Act XVII of 19R3).
'Word within the squarc bnckcw was inscncd by s. 4(a)Iii)[a), i l i J .
 LatestLaws.com
LatestLaws.com

T f ~ Bvrdwan
c UIIiversity Act, 198 I .
xxrn of 1981.1

(Clfaprer II1.-A~irf~oritiesof rhe Uni~?ersiry.

S e c r i o t ~17.)

as may be nolified by I[lhe Universily or the Slate

Governmen[, as the case may be,] in this behalf;
E.rplanation II.-Norwithslanding anything
conlained elsewhere in [his Acl, a regular sludenr
elected under this clause shall hold office for a
period of lhree years from !he dale of his eleclion
or till he ceases to be a regular sludent, whichever
is earlier;
(xxii) onc Rescarch SchoIar or Rescarch Fcllow OF [he
Universily elcclcd by such Rcscmh Scholars and
Research FelIows in the manner prescribed:
E.rplar~alio~iI.-"Research Scholar or
Reacherch Fellow of h e University" shall mean
a wholetime Research Scholar or Research FelIow
of the Universily who receives a stipend from the
Univcrsi ty.
E.rplanarion 11.-Nolrvithstanding anything
con~ainedelsewhere in h i s ACI, A Research Scholar
or a Research Fellow of the University elected
under this clause shaH cease to hold office on the
expiration of h e term of Research S c h o l a ~ h i por
Research Fellowship, ;ls the case may be;
(xxiii) one member to be elected by the librarians of h e
University and of the colleges afiliated 10 the
Universiiy from amongst themselves;
(xxiv) three members elcclcd by [he members of the non-
teaching slaff of the Universily From amongst
themselves;
(xxv) two members eIecred by h e members of the non-
teaching staff of he colleges -affilialed lo h e
University from amongsl themselves;
(xxvi) one member clccled by the officers of the
University from amongst themselves;

( u v i i ) four persons to be nominated by the State

Govmmenr of whom:-
(a) one shall be a member of a regislered mde
union within he emt to rial jurisdiction of the
University,

'llc words rvilhin Ihc squ.m bnckc~qwcrc subsriturcd Ior the ~ords" h c Srarc
Government" by s. 4[n)(ii)(h) of Lhc Burdwan Univcrsiry (Amcndrncnl) Act, 1983 (Wcst
Ben. Acr XVll of 1983).
 LatestLaws.com
LatestLaws.com

Tlre Btlrd~vatl Universiv Act, 1981.

[West Ben. Act

(b) one shall bc a member of a peasanrs'

association within the lerritorial jurisdiction
of [he University,
(c) one shaIl be a member of a primary school
teachers' associalion within [he territorial
jurisdiction of the University, and
(d) one shall be a member of a seconday school
teachers' association within the territorial
jurisdiclion of h e University;
(xxviii) onc person nomina~edby the Government of India
in the Ministry of Steel, Mines and FueI;
(xxix) lhree persons having special in tercst in University
or [ethnological education nominated by the
Chancellor;
'(xxx) the Principal. Hooghly Mohsin College or Ihe
Principal, Durgapur Government College,
oppdnted by rolation in [he manner prescribed by
Statures.
(2) All etections to the Court shall be held in the manner prescribed
by Statutes.
Powen and IS. (1) Subjecttosuchconditionsasmay heprovidedbyorunder
the provisions af h i s Act, the Courl shall exercise [he following powers
and perlarrn the following furtclions:--
(i) to establish University Depmrnenk, instilulions, centres,
libraries, laboratories and museums for study and research;
(ii) to create and instilutc, wilh the approval of the State
Go vernmenl, Professorships, Readerships, Lectureships,
and such posts including posts of officers as may be
necessary for the eslablishmenl of the University
Deparlments, instilulions. centres, Iibrarics, laboratories
and museums referred to in clausc (i):
(jii) lo insuture degrees, rilles, diplomas, certificalcs and olher
academic dislinctions;
(iv) LO institute folIowships, lravclling fellowships,
scholarships, sludenlships, stipends, bursaries, exhibitions,
medals and prizes Lo be awarded oul of the University
Fund;
(v) to confer degrees, rifles, diplomas, cedificales and other
academic distinctions on persons w h ~
(a) have pursued prescribed courses of studies or have
been exempted therefrom in the manner prescribed,
and have passed such examinations as may bc
prescribed, or
(b) have carried on research in accordance wilh such
condiuons as may be prcscribcd;
'Cl~usc(xxx) uras~ubsutuIcdfor original clnusc hy s. 4(b) of thc Burdwan Uniucrsily
(Amcndrncnll ACI, 1983 (Wcsf Bcn. ACI X V I l 01 1983).
 LatestLaws.com
LatestLaws.com

XXIU of 1981.1

(vi) lo withdraw or to cancel degrees, tilles, diplomas.

ccriiiicates or other academic distinctions under such
condirions as may be prescribed by Starute. and aher
giving [he person affected n reasonable opportunity to
presenl his case;
(vii) to c o d e r honorary degrees or other acadcmic distinclions;
(viii) 10 consider thc Annual Statement of Accounts and he
Annual Financial Es~imalesapproved by thc Execurive
Council and to pass such resolutions d a t i n g hereto as
may be considered necessary:
Provided that Tor h e purpose of passing a resolutian
modifying or rejecling any such Annual Financial
Estimates il shall be necessay for a majority or the Lola1
number of members or rhc Courl, exisling a[ the time of
vole in ravour o r Ihc resolution;

(ix) to consider the Annual Reporr as prepared by the

Execurive Council and to pass such resolulions relating
therelo as may bc considcrcd necessary;
(x) lo consider and advise on such other reporls from the
Execulive Council or any other body AS may be made
to it;
(xi) to consider, and advise on, proposals from chc Executive
Council for entering into agreemcni wilh h e Governmenr
or with any person, body or aurhoriry, wilh [he approval
of the State Government for the taking over by the
University of h e managemen1of any college or institution,
including i& asscts and liabilities, or for any otherpurpose
no1 rcpugnanl lo h e pravisions of this.Ac1;
(xii) to consider, and advise-on, proposals rrom h e Execuuve
Council for co-operalion wirh olhcr universilies,
insritutions and educational auhori~iesin mallers that ,

relate to or further h e educational objeclives of the

universities;
(xiii) lo consider and suggcst measurcs for the improvemen1
OF the administra!ion and finances of tbe Unjversily and
generally for the iurthcrance of its objeclives:
(xiv) to make rules for the transaclion of its own business;
(XV) to exercise all otherpwers and perform all other f~ncuons
conferred and imposed on the Court by or under this Act.
 LatestLaws.com

[West Ren. Act

(2) The Courl shall n o exercise

~ he powers and perform he luncrions
. . ---
I -
1. . - - - -
referred lo in clouscs ti) to (vii) of sub-section ( I ) excepl on the
recommendation of [he Executive Council. h u t may send proposnls in
respect hereof to thc Execurive Council for its recomrnendalion.
(3) The Court shall havc thc power to review the action of the
Exccutive Council, save where the Executive Council has acted in
acco~dancewiih powers confcmed on it by or under lhis Act:
Provided i h a ~if any quesljor arises as 10 whelher the Execuiive
Cuur~ciIhas acted in accordance with powers conferred on i r by or under
ais Act, the question shall be decided by reference to the Chancellor
whosc decision shall be final.

Mccring of 19. (1) The Court shall meet at least thrice in a financial year, other
h e Coun.
than for convocarion, on dales lo be fixed by the Vice-Chancellor. One
of such meetings shall be held belore March and shall be called the
Annual Meering.The Courl may also meel at such other times as ir may,
from lime La time, decide.
(2) One-third of thc ~ o number
d of members ofLhe Cour~plrls one
shalI be a quorum For a meeting of [he Court:
Provided lhat such quorum shall not bc required at a convocalion
of h e Court.
(3) The Vice-ChancelIor may, whenever he lhinks EL, and shalI,
upon a requisition in wribng signed by not less lhan one-third 01 the
members of the Court, convene a meeling of thc Caurt. A rneecing on
such requisition sllall be held within filleen days of Lhe receipt of the
requisition by the Vice-ChanceIlor.

Thc 20. (1) The Execulive Council shall consist of rhe following
hcculivc
Cu~ncil. mcrnbcrs:-

(i) Ihe Vice-Chancellor;

(ii) rhe Deans of the Facully Councils;
(iii) the Secretary. Educniian Deparlmenl. Govcmmenl uC
West Bcngal '[or his nominee no1 below the rank of
Deputy Secretary to the Governmenr of Wcst DcngaI];
(iv) h e Secretary, Finance Depxlment, Government of Wes~
Bengal or his mmincc no1 below me rank of Deputy
Secremry ro the Government of West Bengal;
- - -- ---
'The Words wi~hinthc square bnckcb wcrc inscncd by s. 4(b) of the Wcs~Bcngat
Uniucsiry k ~ (Amtn-Jnieni)
s Arl, 1986 (Wcsr Bcn, A c t XX of 1986).
 LatestLaws.com

(v) rhe President, W e s ~Bengal Council of Higher Secondary

.: Education;
(vi) the PrincipaI. Regional Engineering Col[ege, Durgapur;
(vii) the Principal, Rurdwan Medical College;

Elected rnenrbers
(viii) (a) one Professor o r the University elec~edby such
Professors of the University as are members of the
Faculty Councils Tor Post-Gradua~estudies from
amongsl thernseIvcs,
(h) two Readers or Lecturers of the Universiiy elected
by such Readers and Lecturers of rhc University as
are members of [he Faculty Councils for Posl-
Graduate Srudies from amongst hemselves;
(ix) (a) onc Professor of Ihe University electcd by such
Professors of the University as are members of the
Court from amongst Lhemselves,
(b) two Readers or Lecturers of the Universiiy elected
by such Readers and Lecturers of the Universiiy as
are members o f the Courl from anlongst Ihemsclves;
(x) one Teacher oi undergraduale colleges-elecled by such
Teachers of undcrgraduale collcges as are rnembcrs of
Ihe Courl h m amongst themselves;
(xi) one person olher ~ h a nteachers, sludents, non-teaching
slaff and oFFicers elecred by the members or Lhe Courl
from amongst Ihemselves;
( x i ) '(a) one member of non-teaching s~affor the University
elected joinlly by such non-teaching staff of [he
University and (he affiliated colleges as are members
of Ihe Coun from mongsr hemselves,
'(b) one pox-graduate student eIecled jointly by such
post-graduale studenls of the University and students
of [he affiliated colleges as are members of the
Court from amongst Ihemselves,
(c) onc member of the Wesl Bengol Legislative
Assembly elected by such members of the West
Bengal Legislative Assembly as are members of the
Caurl from amongst hemselves:
(xiii) six persons elected by the Teacher members of rhe
Councils For Undergraduate Studies of whom-
(a) four being Teachers other Lhan Principals from the
Undergraduaie Council of Arts, Science,
Commerce, Law, Fine A r t s and Music,
'Clausw [a) and (b) acre substiluled for original clauses by s. $(a) or thc Burdwan
Univeaity (Arnendmcn~)Act, 1953 (Wur Ben. Acl XVll o i 1983).
 LatestLaws.com

Universig Act, 1981.

T ~ B~rrd~van
E

[West Ben. Act

! . .- - , ,

(b) one being a Teacher orher than Principal from the ... .. . .. . . .. .
Undergraduate Council of Enginccring and
Technology, and
(c) one being a Teacher other rhan Principal from the
Undergraduate Council of Mcdicine;
(xiv) one Principal eIccted by Ihe members of the Under-
Graduare Council of Arts, Science, Commerce, Law, , ,

Fine Ans and Music from amongst i h t Principals of

such collegcs;
. . .., . . -. .

(xv) one person nominated by the Chancellor;

(xvj) the Principal, Hmghly Mohsin College and the Principal,
Durgapur Government College, by rotalion.

[(xvii) the member elecled under clause (xxvi) of sub-

seciion (1) of section 17.

( 2 ) AII elections lo he Execuuve Council shalI be held in he manner

prescribed by Stalules.
( 3 ) One-ihird of ihc total number of members OF the Executive
Council p111s one shall be a quorum for a meeting of the Executive
Council.
Power and 21. Subject to he provisions of his Acr, the Executive Council
funcrions
af thc shall exercise the following powers and perform h e following func1ions:-
~CEUL~VC (i) ro initiare proposals for the making or Statures and
Council.
Ordinances including proposals for amendment or
repal hereof, in Ihe manner hercinafler provided;
(ii) to recommend to the Court after consulling the
respective Faculty Councils for Post-Gnduale Studies.
the establishment of Universily Departments,
institutions, cenlres, libraries. laboralories and
museums for study and research;
(iii) 10 mainrain Universiiy Departmen~s,Ilnjr.ersi~y
"Instilulions, Universily Libraries, Universily
hboralaries and Universily Museums;
(iv) LO establish, maintain, manage and recognize Halls
and Hostels;
'The hcading and claua (xvii) were inscned by s. 5(b) or ~ h cBurdwan Univcrsi~y
(Amcndmcnl) ACI, 1983 ( W c s ~Bcn. Acl XVII 01 1983).
 LatestLaws.com

The B~rniwmnU~~i\lursi&Acr, 1981.

e r -A rrrhori~iesof ihe Universiry.-Section

( C l ~ a p ~III. 21.)

(v) to direct the inspection of University Libraries,

University Laboratories, University Museums and
Halls and Hostels;
(vi) to recommend l o the Court after consulting [he
respective Faculty Councils for Post-Graduale Studies,
the instilulion of fellowships, rnvelling fellowships,
scholarships, sludentships, stipends, bursaries,
exhibitions, medals and prizes, the expenscs of which
shall be met from the University Fund, and to award
the same afler institution hereof by the Coud;
(vii) to recommend to the Caun, after consuIting the
r e s p tive Faculty Counci Is for Post-Graduate Studies,
the creation and insti~utionof Professorships,
Readerships, Lectureships and such posrs as may be
necessary for the establishmenr of the University
Departmen&. instiluions, centres, libnries, laboratories
and museums referred to in clause (i) of sub-section
(1) or section 18;
(viii) to create, with the approval of the State Government,
pasts of oficers, Teachers and other employees of the
University or to recommend 10 the Court for creation
of posts of officers and Teachers of the Universily:
(ix) lo prescribe the minimum qualifications for posts of
officers, Teachcrs and other employees af the
University;
(x) to appoint Teachers, officers and employees o l the
University and to fix their emoluments and define
their duties and other terms and conditions of service
in accordance with the Statutes and the Ordinances
and lo suspend, discharge or olherwise punish in
accordance with the Statutes and the Ordinances such
Teachers, officers and employees;
(xi) to pass appropriate orders on the basis of the
recommendation ofthe respective Faculry Council for
undergraduate studies regarding affiIiation of a college
or an insri~ulionin one or more subjects or wilhdrawal
of afilialion or recognilion of a college or an institution
or temporary take over of the management of an
aifiliatcd Or a recognised college or institulion;
 LatestLaws.com
LatestLaws.com

I - .;: - : : : :-- -
. . ... . ,
, . - ...
(xii) to make draft of Slatules on h e recommcndalion of . .
. - --
..,

the respeclive Council for undergraduate studies, for

colleges, other lhan Governrnenl Colleges the
corlslitulion, powers and functions of their Governing
Bodies;
'(xiii) Lo determine, with rhe approval of rhe Stale
Governrnenl, Lhe terms and condirions of service of
Teachers, Librarians and non-leaching sraff of
colleges othcr lhan Governmcnl Colleges;
'(xiv) to make rules for Teachers' Council for a11 affiliated
colleges and. with the approval of [he Slate
Government, rules for provident fund for affjlialed
colleges other than Government Colleges;
Ixv) ro prescribe and collccl Fees or charges for Ihe
regisration of srudenls and lheir admission 10 courses
of studies organised by the University, for holding
exarninarions, For the grant of degrees, diplomas and
ceflificalcs, and for oiher like purposes;
(xvi)" lo recommend lo ihe Court, aftcr consulling the
respective FacuIty Councils for Post-GradualeStudies,
thc inslitulion of dcgrees, Btles, diplomas, cenifica~es
and other academic distinctions;
(xvii) to recommend LO the Court on the advice of the
appropriate body, [he confermenr of degrees, tirles,
diplomas, cerlificares and olher academic distinctions
on persons who have pursued prescribed courses of
studies or have becn exempled therefrom in ihe
prescribal manner, and have pased such examinations,
or have carrjed on research under such conditions, as
may bc prescribed;
(xviii) ro recommend to the Couri Ihe confermcnr or honorary
degrees and ather academic distinclions;
(xix) lo approve rhc consliturion or reconstilulion of the
respective deparhnent of teaching in h e University
on the recommenda~ion of the respective Faculty
Council for Post-Graduate Studies;
(xx) to make regulations regarding h e courses of studies
and the division of subjccls afler obtaining and
considering [he recommendalion of [he Faculty
Councils for Post-Graduate Siudies and Council for
undergraduaie studies in h i s regard;
'Clnuw: [iii) wm subsriiuled for original clause by s, 4(b)[i) of h e West BcngaI
, Univctsily Laws (Amendment) AcL lg88 (West Ben. Act VIII of 1988).
'Clauu: (xiv) was substirured for original clause by s. 4(b](ii), ibid.
 LatestLaws.com

The Uirrdwa~ii l r r i v e r s i ~Aci, j961.

XXIII of 1981.)

to makc regulations regarding thc exarninariotls which

shall bc rccognised as the cquivillcnl examinations
held by tbc Universiry;
to make regulations regarding the conduct of
examinalions held by the University and h e condition
undcr which s~udentsmay be admilled lo the diffcrcnl
courscs o f srudies of and ~ h exarnina[ions
c held by lhc
University;
ro m;lke regularions regarding all other marrers which
may be or are rcquired to be prescribcd or provided
for by regulations;
to provide for co-operation and reciprocily among
colleges. insrilutions and laboratories and thc
Univcrsily so as to fosrcr thc develaprnenr of acadcmic
lire and to ensure the fullcsl ulilisalion of the teaching
resources available on [he recommendalion of lhe
respcc~iveFacul~yCouncil For Posl-Graduatc Studies
or Council for undergraduare sludies;
lo givc directions regarding the form, custody and use
of the common seal of the University;
lo acquirc, hold and dispose of propeny, movable and
immovable, and to adrninislcr all assets, propenies
and funds of the Universily, nnd to undertake all
measures necessary or desirable Tor the consewarion
or augmenration OF the rcsources of [he University:
Provided thal for rhc purpose of disposing of my
propefly valued at no1 lcss than one Iakh or rupees,
prcvious approval or rhc Caurl shall be necessary;
(xxvji) i o acccpt and adrninislcr gif~s.endowmenls and
benefactions for [he furrhcrance OF llie purposes of
[his Acl;
(xxviii) to accepl grants, with the approval of the Stale
Government, and LO raise or accepl loans on behalf
of theuniversity and 10 make gnnls or advanccs from
rhc Univzrsily Fund or olhcr special funds rnain~uined
by the Universily:
lo cnler into an agreement wilh the S~nreGovcrnmenr
or wiih the approval af the State Governmcnt with any
olher Government or w i h any person, body or authorily
for laking ovcr by the Universiiy of lhe management
of any college or institulion. including its assels and
liabiIi[ies. or for any other purpose no1 repugnanl 10
the provisions of this Acl on h e rccomrnenda~iono r
[he Fuculty Council Tor Post-Gmduutc Studies or the
Council far undergraduale sludies concerned;
 LatestLaws.com
LatestLaws.com

Acr. 1981.
T l ~ cB~rrdlvunUr~il~crrit~t

[West Ben. Act

. .
, -
(xxx) lo tnannge [he Press Establishmenl, the Publicarion . .
. . . .

Bureau and ~I~eEmployrnen~ Bureau orthe University,

il ally and to exercise g e ~ ~ e r asupervision
l ovcr
St udenrs' Unions, Universiry Exle~lsionBoard and
Utlivcrsity Sporrs Board, i f any, and orl~erbodies
institurcd by thc Court:
(xxsi) ro approve r he Annual Sralcr~~enls of Accounls and
thc Annual Financial Estimn~csof the Universiry and
ro submit the same lo rhc Coun for consideration;
(xxxii) lo prepare the annual reporc alld submi! the same Lo
rhc Court for consideration:
(xsxiii) t o make due provision for [he heaIh, welfare. rcsidencc
and discipljnc ofsiudents and rhcir relationsliips with
thc Univcrsi~yand to provide for such other [raining
01s~udents;is may bc considcrcd desirable;
(xxxiv) to co-operare w i r t l oihcr universities, institutions,
assaciations, societies, or bodies on such lcrms and
for suuh purposes, not inconsistcnl wirh the purposes
or this Act, as it may derermine;
(xxxv) 10 makc rules for [he lransaclion of its own business;
(xxxvi) LO cxercisc all other powers and perform all olher
runcrions conrcrred and imposed on the Execudve
Council by or undcr this Act;
(xxxvii) to exercise gencral supervision over the Faculty
Councils for Post-Graduate Studies a i d the Councils
for undcrgraduale studies and give such direcrions to
lhesc CounciIs for rhc due discharge or their respective
duries as i t may consider necessary.

Faculry 32. (1) Therc sbaI1 be [he following Cout~cilsfor Post-Gnduate

Cnuncils
for post- Studies to bc known as Facul~yCouncils:-
GmdunIc
Shudics. (a) Faculty Council for Posr-Gradualc Sludics i n Arts,
Cornnizrce, Law, Fine Arls and Music;
(b) Facul~yCouncil For Posr-Gmduare Studies in Science;
r* :* *
(c) F::ul~y Council far Posr-Graduare Studies in Engineering
'[and ~ecl~nology;
and1
3(d) FacuI~yCouncil for Posl-Grdduate S~udiesin Medicine.
"lhc word "and" ~ v i uumi~tcdby s. 2(l)(u) of drc Budwan Univcrsily ( ~ G n d m c n l )
ACI. 1993 (\'rrvsr Dcn. A c l XI1 1943).
'Words within thc s q u m bntkcrs icrc substirurcd Tor [ l i t r~murds"and 'I'ccl~nnlogy."
by s. 2(IXbJ, ihirl.
 LatestLaws.com
LatestLaws.com

(2) Each Fncully Council for Posl-Graduate Sludies othcs than

: Engineering and Technology '[and Medicine] shall consist of the foIlowing
members:-
(i) h c Vice-Chancellor-Chairma~i;
(ii) the head or heads of thc Deparrrnenr or Depari~ncnrs
concerned. i i any;
(iii) thc Professor or Prorc'cssors of lhe Depor[menr or
Depnrlmenls concerned. if any;
(iv) five teachers pariicipaling iu Post-Graduale [caching in
[he subjecl or subjec~sconcen~edof whom-
(a) one shall be from cons.liluenr colleges or profcssion;ll
collcges, nominated by h e Vice-Chancellor, and
(b) four shall be Tcachers or [he Uuiversiry, other rhan
Pmfcssors, from {he Deparrmen~suader rhc Faculty
Council for Post-Gradualc Studies conccrned electcd
. join~lyby such Tcnchers irom a m o ~ ~ grhcm~elves
sl of
whom no1 more lhan one shall belong lo one
Departmenl;
(v) one person having speciaI knowledge in !he subject or
subjecrs concerned ~iominalcdby the Vicc-Chancellor;
(vi) lhrce Teachers parlicipaling in under-~radunrcleaching
eIecred by he members o f [he Council for Undergraduare
Studies in the subject or suhjec~sconcerned.
(3) ?[The Faculry Council] for Post-Gradunle Studies in Engineering
and Technology shall consist of rhc following members:-
(i) h e Vice-Chancellor-Chairman;
(ii) the Principal. Regional E~lginccringCollcgc, Durgapur;
(iii) the head or heads ofthe Departmcnrs of conslituent collcges
or Engineering and Technology;
(iv) the Professor or Professors of thc Depnrlment or
Deparlmcnts of constituenr colleges or Engiaeering;
(v) two Teachers olhcr than ProFessors participating in Post-
Graduate reaching in the subjccl concerncd rrotn the
consti~uenlcolleges oT Engineering eltc~edjoinlly by
reachers of such colleges;
(vi) one person having special knowledge i n [he subjccl
concerned nominared. by the Vicc-Chancellor;
(vii) [hree Teachers parlicipaling in undcrgraduale [caching in
the subject concerncd elec~edby such leacher-members of
h e Council for undergraduate s~udiesin Engineering and
Technology.
'Words within h c squirrc hr~ckekwcrc inscncd by s.2(7)aT rllc Burdrviln Univci-sily
(Arnendmcn\) ACI, 1993 [Wcst Bcn. ACI XI1 or 1993).
'Words rvilhin thc s q u m bnckcrs wcrc subsri~u[cdrnr rhc words "Faculp Council"
by s. Z(3). ilrid.
 LatestLaws.com

[West Ben. Act

(3A) Thc Facully Council Tor Posr-Graduale Sludies in Medicine

shall consis1 of the following rnembcrs:-
(i) [he Vice-Chancellor--Chairinan;
(ii) [he Principals of [he constituen\ colleges in which
insmcdon is providcd for courses o i s ~ u d yin Medicine;
(iii) the head or heads of lhe Deparlmenl or Deparlments
. panicipaling in Post-Graduate teaching in constiiuenr
colleges in which inslruc~ionis provided For courses of
study in Medicinc;
(iv) [he Professor or' Professors of the Deparrmenl or
Depxtmcnls parlicipaling in Post-Graduate Leaching in
constitucnt colleges in which inslruclion is provided for
courses of sludy in Medicine;
(v) lhree Teachcrs, other b a n Prolcssors, parlicipnling in
Post-Grnduaie reaching in rhr. subject or subj ecls
concerned in constiluenr colleges in which instnrc~ion
is provided for courses of srudy in Medicine elec~edby
such Teachers horn amongst Lhcmselves;
(vi) one person having special knowledge in the subjecr or
su bjec~qconcerned nominated by the Vice-Chancellor;
(vii) rwo Teachers purricipating in under-graduate leaching
in the subject or subjccts concerned electcd by the
Council for undergmduale studies in Medicine;
(viii) the Dircctarof Medical Educa~ion,Government of Wesr
Bengal, or his nominee.
(4) Onc-third of the [oral number OF members of a Faculty Council
for Post-Graduate Studies plrrs one shaIl be a quorum for the meeting
of the Faculry Council.
( 5 ) Each Faculty Council For Post-Gradualc Studies shall have a
Secretary to be appointed by Ihe Executive Couacil.

Powcr and 23. Subjccl la the provisions of his Act and [he S1atules, the
iuncriOns Ordinances and the Regulalions, a FacuIiy Council for Post-Graduate
11ie F;lculiy
Council Tor S~udiesshaIl exercise h e lollowing po\rCersand perform ~ h following
c
Post- funcrions;-
Graduaic
Sludia. (i) lo make proposils ro h e Exccurive Council for the
es~ablishmentof University Depar~menk,i n s ~ i ~ u ~ i o n s ,
ccncres, libraries. laboratories and museums Tor study
and rcseilrch to be maintained by rhc University;
(ii) lo recommend ta the Execurivc Council [be crealion and
inslitution of Prolessorships, Readerships. Lccrureships
and olher teaching posls and Ihe duties and emolumenls
Lhcreof;

'Sub-sccrion (3A) w s inrcncd by s. 2(4) 91 lhc Uurdwan Univcoiry (Arncndmcnl)

Acr. 1993 (Wesl Bcn. Acr XI1 or 1993).
 LatestLaws.com

(iii) to make proposals 10 the Execu~iveCouncil Tor !he

promolion of research and, rhrough special commit~ccs,
i T any, consrituted for the purpose, to call for reporis on
such rcscarch work. from pcrsons engaged lherein. and
ro rnakc rccommertdatians to ~ h cExcculive Council
thereof;
(iv) ID recommend lo Lhc Excculivc Council rhe minimum
qualilications for posls of Tcachers of rhe University;
(v) LO make proposals to the Exccurivc Council regarding
provisions 10 be made for enabling he Universily Lo
undertake specialisation of studies and Tor organisalion
o f common laboratories, libraries. museums, inslicules
of rcsearch and o h e r institurions, maintained by the
University;
(vi) to make proposals LO the Execulivc Council for ,
consti~utingand reconstituting Deparrments of knching;
(vii) lo mokc provisions for lcctures and insrructjons for
sludenrs OF affiliated colleges, University Deparimen~s,
Universib Laborarories and also Tor olhcr persons who
are not such srudenls;
(viii) lo advise Ihe Execulive Council on rhe institurion of
degrees, tirles. diplomas, cerlificales,and o h c r academic
disrinctions;
(jx) to hold and conduct. subjccl to gencnl supervision by
the Executive Council, Universily cxarnina~ionsIeading
to Posl-Graduate degrees, diplomas and ccrlificates and
to approve and publish results thereor in accordance
with the regulations made in ulis behalf:
(x) to provide for the inspccdon or h e invesligrtdnn in10 !he
affairs of any University Department or any college and
submit reporl to [he Executive Council;
(xi) to have general supcrvision over h e Boards of Studies
atiached LO che Faculty Council: .
(xii) 10 frame rulcs relating to the courses or Posl-Graduate
Studies and division of subjecrs iu regard thereto and
to recommend to thc Execulive Council h e making of
regulalion in this bchatl;
(xiii) to appoin~,if required by the Executive Council, afier
consideri~igthe vicrvs or the Boards of Studies attachcd
to [be Faculty Council, Boards of Exnmincrs in the
subjecl or subjecrs relating lo Post-Gmdua~eStudies.
including [he subjects for doctoral thesis and Tor prizcs
and mcdals;
 LatestLaws.com
LatestLaws.com

[Wcst Ben. Act ,

(xiv) to call Tor such reporb or information as thc FacuIty

Council may consider necessary Tor efficienl discharge
of its dulies from thc reaching dcpartrncn~s,research
units or Boards of Studies;
(xv) LO consider any educational mattcr relating to the
Facully Council and jn arrivc at decisions or make
rccornmendations perraining thereto lo \he appropriate
aurhority or arficer;
(xvi) 10 mainlain contacl with h e corresponding Council for
undergraduate sludies for h e purpose af sharing ideras
and ensuring co-ordination:
(xvii) ro submit each year i ~ sannual reporl to the Execurive
Council;
(xviii) 10 make rules for the [ransaclion of its own business;
(xix) IO exercise all olherpwers and perform all olher functions
confemd and imposed on it by or under [his Act;
(XX) to delegate to the reaching departments, research uniw,
and Boards of Srudies alrached lo it the responsibility for
suc5 academic matters as respeclively concern such
depar~ments,units and Boards; -
(xxi) to recon~mendlo the Execurive Council h e conferment
of Posl-Graduate degrecs, diplomas and certificates.

Thc 24. (1) Thcre shall be the following Councils for undergnduatc
Councils
for under- studies:-
~r;ldu;~rc (i) Council lor undergraduate studies in Arts, Science,
s~udi~q.
Commerce. Law, Fine Ans and Music;
(ii) Council for undergraduate s~udiesin Engineering and
Technology; and
(iii) Council for undergradualc sludies in Medicine.
(2) The Council for undergraduate studies i n Arts, Science,
Commercc, Law. Fine Ans and Music shaIl consist of Lhe following
members:-
(i) the Vice-ChanceIlor-Chairman;
(ii) [he Dcans of ~ h cFaculty Councjls for Post-Graduate
Studies in Arls and Science;
(iii) he Principal. Hooghly Mahsin College;
(iv) he Principal, Durgapur Government College;
(v) ten Teachers or affiliated collegcs olher than medical and
engineering colIeges. of whom one shall be from a teachers'
traning college, elected by such Teachers;
 LatestLaws.com
LatestLaws.com

(vj) i w o Teachers participating ill Posl-Graduare Teaching in

the subject or subjecrs concerned rIecled by Il~emembers
of thc concerned Faculty Council Tor Posl-Graduate Studies
from amongsr themselves;
(vii) four Principals, of whom ~hrzeshallbe rrorn unde~groduatc
Collcgcs o r AILS, Scicncc, Commercc ~ n Law d and one
shall be r r o n ~a tcachcrs' training college;
(viii) two persons having special knowlcdgc in ~ h csubjzcl or
subjects nominiltcd by the Vicc-ChancclIor.
(3) The Council Tor undcrgraduatc siudics in Engincrring and
Tech~lologyshall consist of the following members:-
(i) the Vice-Chancellor4hnirm3n;
(ii) [he Dean of [he Faculty Council for Posr-Graduale
Studies in Engineering and Technology;
(iji) [he Prihcipal, Regional Engir~eeringCollege, Durgapur:
(iv) the I-leads of departmen~sof leaching of Regional
Engineering Collcgc, Durgilpur;
(v) three Teachers nor bclunging to rhc same depnrlmenr elected
jointly by the reachers of colleges irnpar~inginstruction in
cnginccring or lcchnology nflilin~edLO he Universily;
(vi) one person nominaled by the Director of Technical
Educu~ion,Wcsl Bcngal;
(vi) ~ ~ persons
v o having knowledge in the subjcct concerned
nominated by the Vice-Chancellor,
(4) The Council for undergraduate studies in Mcdicinc shall
consis1 01 the following members:-
(i) the Vice-ChanceIlor-Chairman;
(ii) the Principal, Burdwiln Mcdical Collcgc;
(iii) the Heads or dcparlmcnrs or reaching or Burd wan Medical
College;
(iv) fivc [cachcrs oFlhc Burdwan Medical CoIlegc and collcgcs
affiliared lo [he University imparting instruction i n
. medicine, i f any. elecled by such teachers from amongst
themselves:
(v) one person nornillaled by [he Director of Health Services,
West Bzngal;
(vi) lwa persons having knowledge in the subjecl co~lcerned
nominated by the Vice-Chancellor.
(5) All elec~ionsro the Councils for undergraduate s~udiesshall be
held in rhc manner prescribed by Stalulcs.
(6) Each Council Tor undergradua~eslurlies shall h i ~ v ea Sccrclary
to be appointed by the Execulive Council.
(7) One-lhird 01 he total numbcr oC mcmbers of a Cotuncil lor
undergraduate studies phis one shall be a quorum rut mee~ingof [he
Council.
 LatestLaws.com
LatestLaws.com

Tile B~rrEl,t,atiUnivcrsily Act, 1981.

[Wclst Ben. Act

,
!.-
m
, .
, . . .. .. .
. - - ,
... --
.
P O L < C ~and 25. (1) Subjcct to the provisions of this Act, and the S~alules,the . . - .. , -

runclions of
,hcl'ou,,c,l Ordinar~~aweh and thc Regulalions, a Council For Undcrtgraduate
..
rorihndtr- s~udiesshall exercise the following powers and perform l l ~ efollowing
Gncuaic
Siudicq. funcdons:-
(1) to recommend io h e Exccuiive Council the affiliation
of a college or 311 instilution in one or more subjects;
(ii) l o ensure annual inspecrion 01 colleges;
(iii) l a exercise general supcrvisiun aver tl~ec0lIegcs to
ensurc that Lhe condirions of affilialion are propcrly
fulfi llcd. [ h e standard of reaching is uniformly
maintained and syllabi as prewibcd arc properly
completed wilhin the academic ycar;
(iv) to Iix thc last date of admission ofsltldenls lo dirferent
courses of srudies and the date of commenccmcnt of
n oll~erCouncils for
cxminalions in c o n s u l l ~ ~ i owit11
undergraduate nudics;
(v) lo appoinr Head Examiners, Exnrnidcrs, Papcrselrcrs,
Scrutineers, Co-ordinators, Convenors, Tabulators and
other pcrsons under the supervision of he
Execulivc Council;
(vi) to hold and conducl examinalions and 10 approve and
declare the resulls ol' h e cxarninalions wihin such
period as may be prescribed;
(vii) LO rtscorrirnend ro the Execulive Council the dis-
affiliadonorwithdnwal oT affiliation of any college in
rcspcc~of any subjecr or subjec~s, jT, on rcccipr OF
witllcn report rrom a team of lr~spec~ors appoinled by
h e University, the Cwncil is of opinion that propcr
srandard of teaching i s no1 maintained or condi~ionsof
affiliation are no[ properly fulfilled or ~ h resulrs
c of \he
candi[lates sen1 up by the collcgc for arty exa~ninntion
arc unsalisfactory or ihe collepc has failed lo cornpIy
with [he directives of the Council;
(viii) lo establish, maintain and manage halls and hosleIs of
undcrgrnduaie colleges;
( i x ) to recommend to h e Executive Council rhe rernporarj
lake over or the management of an slffiIia~edor a
recoguiscd college or insliiuiion, orher than n
Government College in consul tation with the Exccurive
C o u ~ ~ cin
i l orclnr lo ensure t h a ~proper smndxds or
leachiog,rrainiag or insrruc~ionare maintained herein;
 LatestLaws.com

(x) to provide for the inspeclion o r invesljgalion inlo h e

affairs of undergraduate colleges or i nstilulions
rccognised by Lhe Council or affilia~edlo the University
and to cxcrcise generill supervision and control over
hem;
(xi) lo make due provision for health, welfare, residence,
and discipline of sludents and lhejr relalionship with
[he colleges and [he University and to provide for such
training or sludents may be considered desirable;
(xii) lo recommend io the Exccutivc Council thc dissolr~tion
of [he Governing Body of an affiliated college, or
inslitulion, other rhan a Government College and
pcnding reconsli~ulion of (he Governing Body, the
appointmen! oran Adrninistm~ororan ad-hoc Governing
Body;
(xiii) lo collect Fees For exaniina~ion,condonation of sharl
percenlagc for appearing a1 an examination as non-
collegiale studenr, rnarkshce~,latc admission, change
of examination cenlre, scrutiny or- nnswerscrip~and
change of name or surname, and any other charge for
regisrrarion and migration of srudenls and granl or
diplomas, cerlificates or any olher documenls at such
rale as may be prcscribcd by ~ h cExccu~iveCouncil;
(xiv) lo cxcrcise supervision to ensure t h a ~all properties and
funds of [he Council are properly conlrolled and
administered;
(xv) to supply promplly such information, returns, reporls
and other materials as may be required by the COUII;
(xvi) to kxlend facililies and other assistanceincluding cxhibi~s
of records, books of accounls, ledgers and any olhcr
documenls to officers deputed by [he Courl Tor
inspection;
(xvii) LO approvc thc annuill report of a he activities of the
Councils during [he previous academic year and submit
the same lo rhe Exccutive Council on or before such
d ~ r cas may be fixed by the Executive Council;
(xviii) 10abide by, and implemen~promptly, the decisions t h a ~
may be arrived nl by rhc Courl from time to timc in
regard to ihe Council;
(xix) to follow the guidelines and Lhc rules Tramed by thc
C o u r ~From time !; Lime;
 LatestLaws.com

The B11rdwa11Universiry Acr, 1981.

IW=l Ben. Act

(Chapter 111.-Arrrlrorilics of tlrc Univcrsir;v..?Section 26.)

(xx) to have general responsibili~yTor academic aCrairs i n

reladon lo undtrgraduate nudicswiih which LheC~uncil
is concerned;
(xxi) lo have gencnl supervision over the Boards of Srudies
attached LO Ihe Council in accordance with the rules
framed for lhc purpose;
(xxii) to mainlain conracr with the corresponding Council For
Posl-Gnduatc sludics for the purpose ur sharing ideas
and cnsuring co-ordination:
(xxiii) ro frame rules relaling to courses of undergraduate
studies and h e division of s u b j e c ~in~ regard there10
and to recommend lo lhe Executive Council the making
of regulalions in this behalf.
(2) Nolwilhstanding anylhing conhined in sub-seclion (I ). h e Councit
for undergraduale studies in Medicine shall have the following
nddi~ionalpowers:-
(i) to have general mponsibili cy for academic affairs of medical
college or colleges affiliated ro rhe Univcrsily relating lo
enhancerequiremenis, curricula, insmclions, examinalions,
discipline, s~udenlactivi ties, alhlelics, college libraries and
similar other mauers;
(ii) lo framc rules and make regulations rcIa~ingto courses of
undergnduale studies in Medicine and \he division of
subjects i n regard therc~osubject to approval of the
Execurive Council;
(iii) to advise afliliated collcge or colleges regarding provisions
to be made for and h e adrninistrahn and supervision of
h c acadcmic af';Lirs mentioned in sub-clause (j), to provide
for inspeclion of LIE college or colIcges and to caIl Tor from
such college or colleges rcpm or other information in
connection fherewilh.

km. 26. (1) There shall be a Dean for each Facully Council for Post-
Graduate sludjes who shall be a Professor of the Univenity.
(2) The Dean shall be elected by the members of h e Faculty Council
for Past-Graduale studies and shall act as Lhe Vice-Chairman of the
Faculty Cwncil b r Post-Graduate s~udies.
(3) The seniormost Dean shall act as the Vice-Chairman of a Council
for undergraduate Studies.
(4) The Dean shall hoId office Tor such term may be prescribed
by Stalu~es.
 LatestLaws.com
LatestLaws.com

XXIII of 1981.1

27. There shalI be Boards of Srudies ar~achedro every Faculty -rhc Boa& .. . . . . .. .
,... .
or Siudim. , .. , ..
Council for Post-Graduale studies or Council for undergradualc studies. .. .. . ,. .
. .
The ~onslitu~ion of [he Boards of S~udiessl~allbe prescribed by lhe
Stnlu~esand lhe powers and Cunclions or ~ h Boards
c shall be prescribed
by h e Regulalions.

28. There shall be a Financc Cornmillee with thc Vicc-Chancellor Thc Finimcc
Comniirlcc.
as [he Chairman. The consti~u~ion. powers and runclions of the Finance
Cornmiltee shall be prescribed by the Stalutes atld ils procedure in
. .
financial mailers, including rhe delegalion of irs powcrs, shall be prescribed
.. , .
by Ordinances. . .
. .
.. . . .
. . .,. ., . . - -.. . . ., .
.

29. (1) A Unjversily Professor shaIl bc oppoin~edby the Executive Sclcction

Council on ihe recommendation of r Selectio~~ Cornmiltee consirring ~ ~ ~ ~ ~ ~
or- pasls,
(i) h e Vice-Chancel lor as Chairman;
(ii) the Dean or thc Faculry Cauncil concerned;
(iii) a person, not holding any officc orprofil undec Ihe Univesity
and having spccial knowledge or thc subject which the
Professor will leach, nominated by Ihe Ctlancellor;
(iv) two parsons, 1 \ 0 1 holding any office or profit under \he
University and having special knowledge of the subjecl
which t he Professor will reach, nominated by the Exe~uuvc
Council.
(2) A University Reader or a Univcrsily Lecturer shall be appointed
by h e Executive Council on the recomrnenda~onolrt Selecuon Commitlee
consisting of-
(j) h e Vice-Chancellor as Chairman;
(ii) the Dean or the Faculty Council concerned;
(iii) h e Read of Ihc Deparlrnenl concerned, ii any;
(iv) a person, no1 holding any olIicc of profi~under LheUniversiry
and having special knowledge or Lhc subjecl which h e
Reader or the Lec~urerwill tcilch, nominated by the
Chanccl lor;
(v) ~ w opcrsons, nor holding any office of profit under the
University and having special knowledge of the subjec~
which the Reader or the Lecturer will leach, nominated by . . . . ,
. .
.. .
.
he Execulivc Council. . .. ,

30. (1) Three members, of whom al least Iwo shall be pcrsons Procedun:
having special knowledge in [he subjecl concerned, shalI be a quorum Tor
rncc~ingsof
for a meering of a Selection Committee. thc Selcc~ion
Commi~rce.
 LatestLaws.com
LatestLaws.com

The Bcirdwurr University Act, 1981.

[Wesl Ben. Act .

I

(2) I f the Execulive Council does not accept he recomniendalion

of a Seleclion Comrnil[ee, il shall refer the rccomrnendation back lo [he
Seltclion Cornrni~ce with rcasans far reconsidcmtionand ~fthe Execulivc
Council does not accepl the reconsidered views of the Scleclion
Cornrnittec, [he matter shall be referred ro the Chancellor wirh reasons
and the decision of he Chancellor shall be final.

LLIICF01 31. (1) Every Teacher, every officer and cvery employee or the
ilppinlment
oloriiccn Universi~yshall, on appointment as such, be provided wirh a lelter of
and nppoinrrnent conraining such rerms and condi~ionsoi appojnrmenl as
crnploycr~,
may be prescribed by h e Ordinances.
(2) A Teacher or an officer or an employee appointed against a
permuen[ vacancy shall be on probalion ordinarily for a period or one
year from the date of such appointment and such n period OF probation
niay, h e discretion of the appropriale aulhorily of the Universily, be
extended for funher period no! exceeding ane year.
(3) TI; at any lime during rhe period of probation, [he probalioner's
work is not considered salisfaetary. the probalioncr shall be discharged
by the authority concerned.
(4) On salisfaclory completion of the period of probation. a Tcacher
or an officer or an employee, as the case may bc, shall bc confirmed
wilh eCTcc~rrom the dale of his appointment on probation by an order
in wridng made by h e Churl-in his behalf and the fat[ lo such confirmation
shall be communicated to the person concerned:
Provided thar if, on comple~ionof the period of probation, no such
order ~Tconfirmn~ion is made and communica~edlo the person concerned
wilhin a period of two rnonlhs of the complclion of the period aT
probarion, p he prson concerned shall be deemed to have been confirmed
with effecl from the dale of h i s appoin~menton -probation.

Termination 32. The services of a temporary Teacher orofficcr or employee shall

or scrviccs
of lcmponry uol be terminated before Lhc expirition of Lhe period for which hc is
Tcachtr. Appointed except after serving one months's salary in lieu thcreol:
olhccr or
cmploycc,

St.ding '33. The Exccubve Council may, subject to he provisions of [his

cnmmlltcc
for elecrian Act, prescribe by Ordina~~ces the conslitufion of a standing committee
01 otlicers or standing cammiuees for seleciion of persons for appointmenr to the
and non-
leaching posls of officers and lo the other non-leaching pos~sof h e Univcrsi~y
crnployms. and the procedure and [he method of such selection.
-
'~cclion33 was subslirurcd for original secllon by s. J(c) oflhc JVcst BcngaI Univcrsiiy
LAWS (A~ncndmcnt)Acr, 1988 (Wcsl Ben, Acr VIlI oi 19x8).
 LatestLaws.com

T f ~ Burdrvan
e UniversiCy Acl, 1981.

xxm or 1981.1

(Cl~aprerII1.-Aur/~ori~irsoJ [/re U~rivcrsi~y.-Section

34.-
Cl~aptcrIV.-General provisions governing all audloriries or
orlrer body of t l ~ eUniversity.-Section 35).

34. (1) IF in [he case of any dispute bctwccn the Court and any Tribunal.
Teacher, officer or emp!oyee of the University no IinaI order has been
passed by the Courl within a period 01one year from the dale on which
thc dispute was rcferred to Ihe Courl by such Teacher, officer or employee,
such dispure shall, on the requesr of such Teacher, officer or employee,
be rcrcmd ro a Tribunal consisting of the following members, namely :-
(i) a Chairman who shall be nominated by the Chancellor in
consultalion with the Minister;
(ii) one person io bc nominated by [he Execulive Council;
(iii) one pcrson to be nominatcd by Ihe Teacher, officer or
employee concerned.
(2) The Tribunal may call orany record, report or othcr information
from rhe Court, if, in its opinion, such record, report or othcr informarion
is necessary [or erficicnt discharge of ils runctions and olher information
to h e Tribunal.
(3) The decision of the TribunaI shall k final and no s u i or
~ proceeding
shall lie in any civil court in respect OF the matters decided by the
Tribunal.
(4) Every request under sub-section (1) shall be deemed ro be a
submission 10 arbitration upon the terms OF this section, wirhin !he
lO or I U O , meaning o l thc ArbikaBon Acl, 1940, and all the provisions o r lhat Act
w i h ~ h cexception or sccrion 2 lhercor shall apply accordingly.

CHAPTER IV
General provisions governing all aulhorities or other body
of the University.
35. (1) No person shall be qualified for election or nominalion as Disqualifiw-
lions.
a member of any aulhority or body of [he University or shall continue
as such member if he-
(i) is of unsound mind or a deaf-mute, or
(ii) is an u n d i s c h q e d insolvenl, or
(iii) has been convicted by a court of law for an offence i~ivolving
moral turpitude.
(2) Incase of any doubt ordispule, the Chancellor's decision whclher
a person is disquaIilied under the provisions of sub-section (1) shall be
final.
(3) No person shall bc cntitled to stand as a candidate lor elecdon
from more than one constiruency.
or body of h e University
10 any au~hority
 LatestLaws.com

Tlre Brrrdivarr Utlivcrsiry Acr, 1981.

[West Ben. Acl .

(Cl~aprerIV.-General provr.rions govcn~ingall a~lrltoritiesor

other body of tllc U n i ~ ~ c r s i ~ - S e c ~ i 3
o5. s 36.)
n4.
1 .
. .
. . ..- -,
(4) No person shall be entitied lo bc enrollcd as a voter for, or 10
cast his vole 31, an clection to any authority or hndy of the University
from more than one consrituency:
Providcd [hat this sub-sectio~i shnll noL apply in [he case of an
election ofmembers of \he Coun to ihe Execulive Council, h c Faally
Councils ror Posl-Gradua~cSmdies. and he Councils for undergrdua~e
nudies.
Pan-lime '3SA. .Votwiths[anding any thing contained elsewhere in his Acl, no
Twchcrs or
p ~ -rime
n person shall,-
non-~caclring (3) if hc is a Teacher, not holding any wholc-time teaching
srdf not 10
be cnritlcd to post, or appointed for a specified period, or
bc cnrollcd (b) i T hc is a rncn~bero f the non-teaching staff, no1 agpoinled
ilsvotcn or
to be on a regular scale or pay, or not holding any whole-time
uulnirlarcd. non-leaching post,
be enlitled ro be enrolled ;LC a volcr for, or 10 cast his vole nl, an clecdon
lo any aulhoriry or body or Ihe University or of any college or ins~ilution
uFfiliated to the University or lo be nominated ro any such aurhorily or
body.
Erpla~~otiotr.-"RegularscaIc of pay'' shall mean pay which,subject
10 any conditions prc~ribcdby ihe Univeniry, rises by periodical
incrernenl.5 from a minimum Lo a maximum.
TcrmoC 36. (1) Save as otherwise provided in sub-secdon (41, an cleckd or
O ~ C or
C
mcmbcn. nominated mcmber of any authority or body of [heUniversity shall hold
oilice for a period offourycars from the date ofhis elecliob or norniuatioi.
as the case may be:
Provided that in respect 01the firs1 elecuons and nominations under
this Acl, the said period of four years shall commence from the date or
[he firs[ metring of the authority or bcdy held after such eIeclions and
nominntions.
(2) Thc terms of office of members ather lhan cx-oficio members
of any authority or body of rhe Universily shall be held to include any
period which may clapse belrvecn the expiry OC the said (em and h e
dale of eleciion oi ncw rnernber,~lv such uuhority or body lo fill
vacancies arising by eftlux of Lime.
(3) When elections are held on more rhan one date, h e Iw,t dare of
such dates shnll be taken to be the dale of election for the purposes of
rhis seciion.
(4) Any member elected or nomimicd to fill a casual vacancy shall
hold office for the unexpired portion of the term of oFfice of Ihe member
in whose seat he is so eIected or nominaled.

'Sec~ion3% lvns inscried by s. 4(c) of the Wcsi Bcngnl Univcrsiry Laws (Amendmcni)
Acl. 1986 PVcsr Ben. Act XX or 1986).
 LatestLaws.com

nre Birrdwan Universi~yAct, 1981.

xxm OP 1981.1
(Citapter /V.-General provisions goventing all aurhorities
or oflrer body of tire Univcrsity.4ections 37-40.)
. .. .. .. .. .. .. .. .. . . .
. . ,
, . .
:
: . 37. (1) When a person is qualified to be a member of any au thorily Ceaorion of , .
rncrnbcrship
or body of the University by virtue of his membership of any other inEcnain
aulhoriry or body. he shall cease to bc a member of h e auhority or body caws.
of the Universily when he ceases lo be a member of the other.
(2) When a person is elected ar nominated as a member of any
aulhority or body of the Universiry from any constituency. he shall cease
lo be such a member when he ceases 10 beLong lo that constituency.

38. (1) Any casual vacancy among [he elected members of any FilIing of
v"C""iCS-
aulhority or body of the Universiry shalI be filled, in such rnanncr and
wi~hinsuch Lime as may be prescribed, by election by such aulhority
or body of a person represenung the interest which h e member. whose
seat has become vacant, reprcscntcd.
(2) Any vacancy among [he ~lorninaledmembers of any aulhorily
or body of the Universily shall be filled, within such rime as may be
prescribed, by nomination by the person or a u ~ h o r i ~that
y nominaicd h e
member whose sear has become vacant.
(3) Vacancies arising by erflux oftime in the seats of elected members
of any authori~yor body of h e University shall be filled by election 10
be held on such dale or dales, not later than six morlr hs or such extended
pcriod so however that lhe aggregale period shall not exceed one year
From [he date on which the vacancies arise, as h e Vice-Chancellor may
fix.

39. No acl or proceedings of the Coun or of any aulhorily or body Pr~ecdinps

or h e Coun
of the Universi~yshalI be deemed to be invalid merely by reason of the or lhc
cxisrence of a vacancy or vacancies among its members or h c invalidity authoriliw
or bodics
of h e eleclion of any of he members. or 1hc
Explanation.-For the avoidance of doubt it i s hereby declared h a t Univcrsily
no1 involi-
when h e office of any member of any authori ty or body of the University dared by
cannol be filled up, when such authority or body is constiluled Tor thc vacancies.

fusl time, on account of any election or appointment no1 being lor any
reason feasible, there shall be deemed to bc n vacancy in [he office of
such member until election takes place or such appointment is made.

40. (1) There shall be an Election Tribunal lo which shall berererred Eltcuon
any question as to whether any person is eligible under this Act for T'bU"J'.
election or nomination or has been duly eIecred or nominated as, or is
entilled to be, a member OF any aulhority or body of he University, and
the decision of [he Elecdan Tribunal on such question shall be final.
(2) The canstitucion of Election Tribunal shall be prescribed by
Sbtutes.
 LatestLaws.com

[West Bell. Act

{ C l ~ a p t c rI V . - - G E I I C provisint~s
~I goventbg all ulrihorities or other
body of /he Ut~ivcrsi@-Secrion 41.-Clraprer V.-F~mds of thr
Llniversil).. Accov~au,Altdil nnd b~specliw~.--Sections42, 43.)

( 3 ) if, during the progress of any election of members lo any authority

or body of the Universily, the Elcclion Tribunal is sarisficd thal such
cleciion is vikiatcd by fraud or corrupt prac~icc,i h t Election Tribund
may make an order annulling h e proceedings in respect of such election
ar any part \hereof and dirzctirrg lresh proceedings \o be daned, in
accordance wilh the provisions o f this Acr and h e Sutules. the Ordinances
and the Rc~ulatians.from such stage as may k specified in the ordcr
and such order or the Elecrion Tribunal shall be Final.
(4) No suit or proceeding shall lie in any civil court against a
decision or nn order of tlit: Election Tribunal under sub-section ( 1 ) or
sub-seclion (31, as ihe case may be.
Cas~ingvole 41. Ai a mcc~ingof h c Coun, rhc Executive Council, he Faculiy
by rhc
Chairman. Councils for Posr-Gnduate S tudie?, the Councils for undergraduatesrudies
or any orher auhorily or body or h e University, the person presiding
nL B c meeri~igshall not vale in rhe firsL instance, but shall have and
exercise 3 c d n g vote in the case or an equality of votcs.

Funds of the University, Accounk, Audit and Inspection

n c 42. The University shall have a Iuad lo be known as the University
Univcrrity
Fund. Fund 10 which shall be credited all irs income from Ices, fines.
contributions, donalions, loans and advances and from any orher source
what~oever.Thc Universily may also create, by Ordinances made in this
behalf, separate speciaI funds Ibr the adminiswation of endowments,
msls or specific grant or grants Tor o b e r spccial purposes.

Dudgc~or 43. ( I ) The budget 01 the University showing the reccipl and
the expenditure of the Universityon differcnl accounts for a financial ycar
Univcfiity.
shall be subrnirted lo Lhe Stale Govemrnenr for approval at least lour
rnonhs before b e beginning o f such financial year in such form as may
be specified by Ihe Slate Governrnen~.
(2) Thc Srare Gavernrnen~shall, wi~hinfifteen days of the
commencement orfinancial y a r ro wllich the budget relares,communicale
its approval or orhewise of the budge1 to Lhe Universily:
Provided [ha[ thc S h l e Government shi~ll,from rime to lime. releasc
gnnts to h e U n i v e ~ i ~toyincur expendi~ureI ~ Hhe budget is approved.
(3) Noiwi~hslandinganything lo the contrary conrained in [his Act,
rhc Courl shall not excepr with the prior approval or the Slate Govemmenl,
incur any expendilurc on any account in excess of [he arnount spccified
in the budgcl on bar account.
LatestLaws.com
 LatestLaws.com

The Brrrd~varrUt~i~lcrsityAcl, t981.

[West Bcn. Act

(2) Thc Slate Govcrnnlenl shall communicate 10 Ihe Court and thc
,' , ;:;-:..:...; ,' , ,

I. .: . . - . . . ..
E ~ e c u l i v cCauiicil its views on the results of such inspection or inquiry .'...
,

and may, aflcr considering the opinion of the Court and the ExecuLive
, . Council or or such collcge or inslilulion illereon, advise Lhe Universily
o r such coIlege or jnslilulion regarding Ihe aclion which h e Stale
Govemrneniconsiders l i t 10be taken by h e Universily or by such college
or institulion i n d ~ malters
e concerned and the Universily or such collegc
or inslitution shall reporl lo the Slate Government, wichin such lime as
the SlateGovernrne~~t may direct the aclion which is proposed lo be taken
or has been iakcn by [he University or by such collcge or inslilulion lo
givc crfect LO such advice of the Starc Government.

CHAPTER VI

Slalutes, Ordinances, Regulations and Rulcs

SI~LUICS. 47. Subjeci to h e provisions of h i s Act, Sratuies may be made to

provide for all or any of the following mallerr,:-
(a) h e dec1;lralion of posts as pasu of orficers of h e Universiiy
referred 10 in sub-cIausc (iv) of section 7;
(b) the eslablishment or aulhoriues of the Univcrsi~yreferred
to in clause (7) of scclion 16:
(c) the consli~ulion,dulies and powers of the subordinate
authoriries which may be conslituted by [he Universily;
(d) the subordinate authorities of which the Vice-Chancellor
shaIl be an ex oJicio member and Chairman;
(e) Ihe fiIling of vacancies of members of [he subordinale
authorities and all orher matters relating to h o s t authodQcs;
IT) the appninlrnenl, powers and duties-of h e officers of the
Universily other Lhan h e Vice-Chancellor;
(g) Ihc conslilution of a pension. insurance or provideni fund
for the beneli~of the orlicers, Teachcs, and olhcr employees
of he Universily;
(h) the confcment or honorary dcgrees;
(i) the wilhdrawaI ordcgrees, diplomas, cenificntes and other
academic distinctions;
Ij) h e eslablishmenr and abolilion of Faculties, Departmenis
of Studies, coIlcges, Iibraries, museums and other
insli~ulions:
(k) thc mainlcnance aT registers or Government CoIleges,
consliluent and affilialcd colleges;
 LatestLaws.com

XXIII or 1981.1

(1) he maintenance of a reeister of:--

(i) Professors of [he University,
(ii) Teachers other 11ian Prorcssnrs oi thc University,
(iii) Principals or affiIiatcd collegcs,
( i v ) Teachers 1101 being Principals or affiliated collegcs,
(v) full-time studenis of r l ~ eUniversity and alliliared
collcges,
(vi) ol-ficers and no~i-teachingslaff of the Universiry and
non-teaching starr o f arfiIiared collcges and [he
proccdure to be Followed Tor the electioi~of (he
membcrs o r the Courl reierred lo in clauscs (viii) ro
(x) and (xiii) 10 (xvii) or sub-sevlion (1) or section 17,
(m) the conditions under whicti collegcs and o~herinstilulions
may be recogniscd or nflilialed by the Univcrsicy. and the
rvilltdrawal of such recognirior~or nFLliadon;
(n) the conslitution. powers and functions or the Governing
Bodies of colleges, olber than Govcrn~nenrColIegcs;
'(0)the terms and condilions o f service of Teachers, Librarians
and non-lcactling slaff or aflilialcd collegcs other rhan
Government Colleges;
(p) [he instilution of rellowships, scholarships, studenrsl~ips,
cxhibi~ions,medals and prizes:
(q) the calling of meetings ol he Courl and h e giving or nolice
lhereof Lo [he members o r the Court and thc quorum and
procedure at such meetings;
(r) ContracLs by Ihc Universiiy and [he execulion ~hcreof:
(s) annual reporl of the Universi~y;
(1) qualifications o f reachers including Teachers of ~ h c
Universily;
(u) the f e a \a be charged [or coursch o f sludy in die Universily
and .in colleges and for admission to thc examj~~ations for
degrees and diplomas or [he University;
(v) the manner of exernplion Iiom s~udyreferrtd to in sub-
clause (a) o l cIausc (11) of section 4; and
(w) all orher mirllers which by or ur~derlhis Acr are or may be
provided ror by Stalutes.

48. (1) The Executive CouociI may of iLs own mation, and shall. Idow lo
when required by the Cour~,make a drafl of my Slatulcs aad submit
the same to Ihe Coun. The dran so subniued shall be considered by the
Et$cs,
C o u r ~3t il [neeling or mccrings lo be hcld wirhin a period of six weeks
 LatestLaws.com

The Bwrdwatr Utrivcrsi~yAcr, 1981.

(West Ben. Act
(Ciiap/er V I . S f u n r ~ c sOrdit~arrc~s,
, Reg~rlorionsand
R1r1cs.-Secfion 49.)

from the date of such submission (herehaher referred to as he said

pcriorl), and the draft so submitted shall, unless rejected or amendcd by
the Court before the expiry or Ihc said period by n majority of [he IolnI
numbcr of its members exisling a[ thc lime, be deemed to have becn
passcd by the Coun. I f h e Court so rejects or amends [he draft of any
Slarures, il shall be sent back to he Excculivc Council with the views
of the Court for reconsidcrorion. Thereupon, the Execurive Council shall
reconsider the draft and resubmil i t 10 the Court with such changes as
it may deem ncccsary. On such resubmissian of the draf~,it shall again
be considered by thc Court a1 a tneeling or mectings ro be held within
a period of six weeks From the date of such submission (hereindtec
referred to as the latter period) and Ihe dnft so resubmitted shall, unless
rejecled by the Courl before the expiry of the latter period by a majority
of the toral number of ils members existing at the rime, be deemed to
have been passed by ~ h cCourt wilhou~any amendment, or be passed
by thc Court with such amendmenrs as i~ may deem fit lo make therein
within Ihe latter period and by [he same majority as aforesaid.
(2) A Statute, passed in thc manner provjded in sub-section (I), shall
be presented lo the Chancellor For assent and shall come into force on
bcing assented to by Lhe Chancellor in c o n s u l ~ t i o nwith the Minisler.
(3) A Stalute shall remain i n rorcc unril repealed or amendcd by a
nerv S~atutesimiIarly passed and nssentcd 10 by the Chancellor.

Ordinances. 49. Subjec~to the provisions of this Act and the Siamtes, Ordinances
may be made lo provide for all or any of the following ma1tcrs:-
(a) the admission of sludenrs or h e Universily and their
enrolmenl as such;
(b) the courscs of study lo be laid down for all degrees, diplomas
and certificates of the University;
(c) the degrecs, diplomas, cerlificales and olher academic
d i s r i n c ~ i o n slo be aivardcd by the University, the
qunljliculions lor h e samc, and the exarninalions and papers,
if any. to bc passed and submitted relaling 10[he granting
and obtaining of [he same;
(d) rhe condilions of the award ol rcllawships, scholarships,
studenlships, exhibitions, medals and pr-~RS;
(e) the conducr of exarninalions, including the terms or office
and manner of appoint men^ and h e d u ~ e sof examining
bodies, examiners and moderalors;
(0 the rnainlenance of discipline among rhc studenrs of the
University and Lhc colleges;
(g) thc condi~ionsof residence OF students at h e University and
[he colleges;
 LatestLaws.com

The Burdr~ariUniversity Acr, IPSI.

(h) he specioI nrrangemenw, if any, which may be madc

for rhe residence, discipline and Leaching of women
students, and the prescribing for them special courses of
sludy;

(i) the emoluments, and Lhe terms and conditions or service,

of Teachers or the Universiry;
Ij) the management of colleges and olher insiirutiaiis founded
or mainrained by the University;
(k) [he supervision and inspection of colleges and other . .. ..
, . , - .
institudons; and
(I) all ohcr rnatlers which by this Acr or {he Slatutes are Io
be ar may be provided for by Ordinances.

50. (1) The Executive CounciI shall lake in considera~iondrafts of How

nlakc
,
Ordinances proposed ro be passed, arrcr notice thereor has been given
Odinanccs.
to the mcmbers of h e Execulive Council nl leas[ three wccks in advance
of [he date fixed for consideration of Ihe same by h e Executive Councjl.
The Vice-Chancellor may direct a shortcr notice ill -a mafier which in
his opinion is of an emergent nature.
(2) An Ordinance shaIl be dcemed ro bt passed by Ilie Excculive
Council if i t is agreed to by a majority of the toral number of membcrs
of h e Executive Council exisling at thc time.

(3) An Ordinance passed by the Execulive Council in thc rnanl~er

provided hereinbefore in this section shall bc submitled to h c Chancellor
for assenl and shall come into force on being nssented Lo by Lhc Chancellor
and shall bc reported LO the Court at iLs nexl meeting.
(4) The Chancellor may direct rhar the operalion of any Ordinance
shall bc suspended until such urnc as the Court has had an opportunity
of considering [he same.
(5) An Ordinance unless cancelled or modified by [he Chancellor
shall remain in farce unlil rcpcated or amended by a new Ordinance
similarIy passed and brough~inlo force.

51. Subjccl lo Ihe provisions of this Act and h e Stalules and the Rcgulillions.
Ordinances, Regulations may be madc 10 provide for all or any of the
followin,0 matters:-
(a) h e procedure to bcobserved al Lhe meetings oFa subordinate
aulhorily and the number of mernbcrs required to horn a
quoru rn;
 LatestLaws.com

[West Ben. Act

(b) thc calling of meetings of such subordinate authoriry. and

ihc giving of nolicc lo i ~ smembers of the dales of the
]neelings 2nd o l the business 10 be considered therear and
for rile kecping o f a record of rhc proceedings of such
nieelings:
(c) flinllers which by lhis Act, thc S~ilrutesor LIle Ordinances
arc rcquired 10 be prccribed by Regulalions; and
~ S concerning n subordinare authority
(d) all ollier I ~ L L Zsolely
or committee appoimcd by i t and noL providcd Tor by lhis
ACI, ~ h cSta~ulesor thc Ordinances.

How ro 52. (1) The Executive Coumil or n Cornrni~leeappointed by it sha!l

niakc
Hcgularions. Lake into cot~siderationdrdts oFReguladons, consiste~~l wirh this ACLand
the S lalules and the Ordinances al-tcr nolice of the proposed Regulalions
has been given lo [he members o r Lhe Execulive Council at least lhree
weeks in advancc of the date fixed ror consideralion or rhc snmc by [he
Execulive Council or tlie Commitlcc appoi nlrd by it. Thc Vice-Chancellor
may direc~a shorlcr notice in a mailer which ~ I Ihis opinion is of an
rmcrgent nature.

(2) A Regulation shall bc deemed 10 be passed by the Execurive

Council i T it is agreed ro ar 3 meeling of lhe Excculive Council by a
majority or the total number or rne~nbersof thc Executive Council
cxisti ng at the h e . A Regulation shall come into force immediately on
bcing passed unless otlierlvise directed by the Chancellor.

(3) The Courl shall have rhe power, by a resolulion passed by a

rnajorily or its ~ a t a number
j or members. exisling at the time, to cancel
or modiry any Regularion.

(4) A Regularion shall, unless cancelled or nlodilied by the Courr

under sub-section (3), remain in force unlil rcpealed or arnendcd by a
ncw Regulation simiIarIy passed and brought inlo Force.
- _
Rules. 53. Subjec~to the provisions or this Act and [hc Stnlutes, rhc
Ordinances and he Regula~ions,Rules may be []jade lot the purpose of
duly carrying o u Lhc~ provisions a[, or exercising lbe powcrs conferred
by. lhis Act ar to provide for matlcrs which by the Srnrules, the Ordinances
or the Regula\ions, are required 10 bc prcscribrd by Rules.
 LatestLaws.com

The B~rrdwanUnivcrsit)l Acr, 1981

Miscellaneous and Transitory Provisions

54. (1) Thc Vicc-Chanccflor or, wilh [he approval of the Vice- Dclcgaiion.
Chunccllor, thc Rcgistrar mily, s u b j c c ~to Lhe provisions of lhis Act,
delegare such of his powers or dulies cotlrerred or imposed by or under
this Acl as may be prescribed by be Statutes lo an oriicer 01 h e
University under his direcl adminislnlive conlrol.
(2) Subjcct to Ihc provisions o r lhis AcI,-
(a) the Court may delegate any of irs powers orduties, conferred
or imposed by or under this Acl, t+-
(i) thc Vice-Chancellor,
(ii) lhe Execulive Council,
(iii) a cornmillee consliru~edfrom among irs own members,
or
(iv) acornmiltee nppoinrcd in accordancc with rhc Statules;
(b) the Executive Council may delegate any or irs powers or
dulies, conferred or imposcd by or undcr this Act, t+
(i) the Vice-Chancellor,
(ii) a comrni~ecconstiruted from anlong its own members,
(iii) a cornmillee conslituled in accordance with the Stalutes
or the Ordinnnces,
(iv) any of [he Faculry Councils Tor Post-Graduate Srudics
o r Councils for undergraduale studies, or
(v) rhc Finance Cornmiltee;
(c) the Faculty Council f o r ~ o s l - ~ r i d u a~t el u d i e or
s h e Council
for undergraduale sludies may delegate any of ils powers
or dutics, conl'erred or imposed by or under this Acl, to-
(i) Ihe Vicc-Chancellor, '

(ii) a commitlee coosliluled from among ils own members,

(iii) a commirlee constitured in accordance with the
Regulatioos, or
(iv) any or [he Boiuds or Studics;
(d) the Finance Comrnitrce may dclcgarc any of irs powers or
duties, conferred or imposcd by or under this Acr, 1-
(i) thc Vice-Chancel lor, or
(ii) Lo a cumn~illeeconstituted from among its own
members.
 LatestLaws.com

[West Bcn. Act

Paqsing of 55. All properlies and all righu of whatever kind used, enjoyed or
propcnlcs
and righls, possessed by, aiid all interests of wha~everkind owned by or vesled in
CIC.
or held i t ) trusl by or for, thc University of Burdwan as consliruted prior
'
LO the appojnlcd day (hercinafier rererrcd to as the former Univcrsiry)

as well as all liabili~icsIegalIy subsisting against the former Universily

shall pass to the Univcrsily as constitu\ed under this Act.

Ct~nplctinn 56. Nolwi~hsrnndinganything conrained in this Act, the Statures. rhe

O~COUM or
Srudics in Ordima~lcesand the Regulations, any srudent of n college affiliated ro
CO~~CECS lhc rormer Univcrsily, who was studying for any cx~mhationof the
artiliuied ru
rhc ronncr rorn~erUniversity, shall bc per~njltrd10 complete his course in preparation
Univcnily.
[herefor and the University shall hold for such srudenrs, examinations,
in accordance with the curricula orsludy in force in the Former University
for such period AS may bc prescribed.

Tm~~si!or). 57. ( I ) The Vicc-Chancellor h o l d i ~ ~office

g a[ the dmcof publicdon
provlslons
and rcpcal. of this Act in ~ h Ojjick~l
c G ~ Z C Ishall
I L ' be d ~ efirst Vice-Chancellor or
[he University and shall bc deemed to have been appointed under [his
Acl and shall hold office Tor a period o f two G a s from thc dare or
publicalion of this Acr in the Officiul Gnrrrrtc or rill hc atlains the age
o f 65 years, whichevcr i s earlicr.

(2) I l e first Vice-Ch;lncellor'shnll, wilh thc ilpproval of dm Chancellor

and wilh the assislance of a cornmiitce consisling of not less than dine
membcrs nominated by ihc State Government, cause the Slatu tes. thc
Ordinances and Ihc RegulaLions of h e romier Univcrsity to be reviewed
and, if he considers it necessary, cause them to be mended.

'(3) The First Vice-Chancellor shaIl, within six months from the dare
of publicalion of this Act in the ~fii-irrl Gazet~eor within such longer
period as die Stnlc Government may, rrom rime lo lime, by notificalion
direct, czlusc arrangemenis ro be made so as to complete, wirhin rhe
period of his office as [he firs1 Vice-Chancellor appointed under sub-
section (I), rhc constirulion of rhc Courl, rhc Execulive Council, rhe
Fncully Councils for Post-Graduate Sludics, the Councils for
Undcrgraduntc Srudies and the Boards of Studies in accordance with
h e provisions of the Sratu~es,thc Ordinances and the Rcgulndons of the
fvnnrr Universi~yas revielved or amcnded uridcr sub-section (21, as i f
rhcy had already come into force.

'Suh-scc~ion(3) 5\35 suhliruld Tor twiginat sub-scclion by s, 6(a) of thc B u n l w ~ n

Univcrshy (A~ncndrncnt)Acr. 1963 ( W ~ Rcn.
I Acr XVIl of 1483).
 LatestLaws.com

(Clrapfer VZ1.-Misccllar~eorrs arid Trunsirory Pro~~isions.-

Src~ion57.)

(4) if, Tor any reason,-

(a) ~ h cconsti~ulionof Ihe Court, [he Executive Council and
o h e r bodies refemd LOin sub-seclion (3) cannot be compleled
within the pcriod or orficl: or h e firs[ Vicc-Chancellor
appointed under sub-section (11, thcn, on the expiry of such
period, h e Chancellor may.in consulration with h e Minister.
on such lerrns and condi~ionsns he thinks fii, appoint rhe
first Vice-Chancellor whose period of office has expired or
l o rthe purposes of
othcr person to be !he ~ i c e ~ ~ h a n c e lfor
this scc~ionfor such pcriod not exceeding one year as the
Chancellor thinks 61, or
(b) a vacancy occurs in the office of the firs1 Vice-Chancellor
before he expiry of [he perids of his orfice, then. [he
ChancelIor may, in consulfv~ionwith h e Minister, on such
tcms and conditions ns he thinks Fit, appoin~anolher pcrson
10 bc rhe Vice-Chancellor for [he purposes of [his seclion for
ihe unexpired poruan of such or such furiher period no1
exceeding one year as !tie Chancellor thinks fit.
and rcrerences in [his Acr to the first Vice-Chancellor shall be deemed
to include references to thc Vice-Chancellor appointed under h i s sub-
section.
(5) The Stale Governmenr shall, by notificarion in the Oflcial Gazette,
appoinr a datc and on and from such date, the Court, the Executive
Council. rhe Faculry Councils Tor Post-Graduatc Studies, h e Councils
for undcrgradunte studics and he Boards of Sludies shall commence to
exercise their respeclive funciions and [he Stalutes, thc Ordinances and
h e Rcgularions of rhc former Universily as reviewed or amended under
sub-sccrion (2) shall come into rorce '[and shall be !he first S~alules,the
firsi Ordinances and [he firs1 Regularions of Ihe Uiversiry.]
\Vcs~Dcn. (6) (a) Thc Burdwan Universily (Tempomy Supersession) Acr, 1978
Act V1 or
1978. (herehaher referred to in this sub-section as the said Acl), shall srand
repealed with effec~horn the dale of publicalion of this Act in the
Oficial G a c e ~ ~ e .
(b) (i) Notwilhstnnding such repeal. unlil the appoinled day, h e
Burdwan University Council, reterred to i n clause (b) or seclion 4 of
the said Act, shall continuc ro exercise all the powers and perform all
h e duties in h e manner and on h e terms and condirions provided in
h e said Act.
(ii) Nolwikstanding such rcpeal, anything done or any action taken
under the Burdwan University (Temporary Supersession) Acl, 1978.
shall be deemed lo have bcen validly done or laken under lhis Act.

'Thc words within rhc squarc bnckcls wcrc substirurcd lor thc words "and shall bc
rhc starutc.q, I11c Ordinnnccs and the Rcgulauons or dlc Unicesiry." by s. 6(b) of h c
Burdwan University (Amcndn~cn~)ACI, 1083 (lVcsl Bcn. Ac( XVll 01,1983).
 LatestLaws.com

U~liversilyAcr, 1981.
T/ir 31rrd1va11
[Wcsl Bcn. Act

(7) The first S~otutcs,thc firs[ Ordinances and the first Regulations
of the University shall remain in forcr uniil ncw Slarutes,new Ordinances
and new Regulations are made under the provisions of lhis Act.
(8) The first Vice-Chancellor may, suhjcc~ro rhc approval of the
Chancellor, appoin~such adminisuative, clerical and o~hers ~ a f fas he
deems necessary for giving erfcct to [he provisions of this sect ion.
(9) On and from the appointed day [he Burdwan University ACL, Wcsr Dcn.
1959 shall stand repealed and thereupon- Actxxrx
of 1959.
(a) the Sralutes, the Ordinances and the ReguIations of [he
former Univcrsi~yshall, subjecl 10 rhe provisions of sub-
section (S}, srand repcaled and a11 nulhwilics o r bodies of
the former Universily shall ccase to runcrion;
(b) all collegcs and inslitutions alfiliated to or recognised by
[he former Unjversily and continuing as such immediately
berore dte appointed day shall be deemed to be affiliated
10, or recognised by, he University;
(c) all colleges or instirutions of whatever kind established,
maintained or managed by rhe rorrner Univcrsity prior to
lhe appointed day shaI1 be deemed lo be coIIeges or
inslilurions established, maiaained-or managed by the
Univcrsity under [his Ac[;
(d) all arfairs. runclions or activities OF the former University,
including sludies and exarninacions, cammenced and in
progress belore the appointed day, shall be deemed lo be
in progrcss as if they had k e n commenced by the University
under h i s Acr;
(e) all things done or deemed 10 have been done, and a11 aclions
taken or deemed to have been taken and all appoinlmen~s
made by he former Lniversily under Lhc Burdwan University
A c l 1959, shall be deemed to be things done or actions
[aken or appointments made by the University under lhis
A ~asL if his Act had been in force when such things were
done or such aclions were taken or such appointments were
made:
Provided h a t unril such repeal references to Vice-Chancellor under
the said Act, shall be deemed lo be references lo [hefirs[ Vice-Chancellor
under this A d .
(10) I n conslruing Ihe provisions of secuon 17, scclion 20. section
22 and s c d u l l 24 and in consuuing rhc provisions of the Statutes, the
Ordinances and [he Regulations of [he Universily i n relalion lo (he
conslitulion, under lhis seclion, orlhe Courl, Ihc Execulive CounciI, [he
Facul~yCouncils for Posl-Graduatc Srutl ies, h e Councils for under-
gnduale srudies and the Boards of Scudies, relercnces lo lhe heads of
 LatestLaws.com
LatestLaws.com

(Cl~aprerVI1.-MisceIlonenrrs and Trarisitory Provisions.--

Secriotr 58.)

depar'menrs of reaching of [he University, the University Professors,

:
: University Readers and University Lcclurers, and Teachers of the
Universi~yshall bc deemed to be rcfcrenves to Ihc persons holding
oriices respeclively as Ihe heads of dcpanmenrs of reaching, Professors,
Readers, Lecturers, and i'eachers o f the University or Burdwan,
immediately '[beforc the dale of publica~ionof final lisl of volers for
election under this Acl and the Statures 10 [he Court, Lhe Execulive
Council, thc Fncul~yCouncils fur Pox-Graduate Sludies, [he Councils
for Undcrgndua~eSludies or [he Boards of Studies, as Ihe case may be.]
(I I) The provisions ofthis section shall have effecl notwilhs~nnding
nnylhing lo the contrary contained elsewhcre in h i s Act or in any olher
law.

58, If on accounl of any lacunae or omission in the provisions of Rcmov~lof

dift7cullics,
this ACL,or lor any oiher reason whukoever, any dilficulry arises as io
[lie first consti~ulionof any aulhority of the University under h i s ACI,
or otherwise in giving effect to he provisions of this Act, the Slale
Governmcnl, as occasion may require, may, by ordcr, do anylhing which
appears to ir lo be necessary Tor the purpose of removing the difficutly
no~wi[hstandingany lhing lo ihe conlrary contained elsewhere in his Acl
or in any olhcr law.

'Thc words within 11ic squarc bnckcis were subslilulcd Tor rhc words "bcTorc thc dalc
or appninuncn~o f thc f i s t Vicc-Uhanccllor." by b. 6(c) of thc Hurdwan University
(Ameodmcn~)Act, 1983 (Wcsr Hen. ACIXVIl or 1783).