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IKtilltata 6tgett
Registered No. WB/SC-247
OIN
No. WB(Part-III)/2018/SAR-24
tkic1.4q
Extraordinary
Published by Authority
ASVINA 9]
MONDAY, OCTOBER 1, 2018 [SAKA 1940
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative
NOTIFICATION
No. 1871-L.— 1st October, 2018.—The following Act of the West Bengal Legislature, having been assented to by
the Governor, is hereby published for general information:—
West Bengal Act XVII of 2018
THE ALIPURDUAR UNIVERSITY ACT, 2018.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette,
Extraordinary, of the 1st October, 2018.]
An Act to provide for constitution of the Alipurduar University and for certain
matters connected therewith and incidental thereto.
WHEREAS it is expedient to constitute the Alipurduar University in the district of
Alipurduar on the land and properties of the existing Alipurduar College by abolishing
the existing Alipurduar College, and to enable the University to function efficiently as
a teaching, training and research centre in various branches of learning and courses of
study, including Humanities, Social and Basic Sciences, management studies on tea,
forestry, mountaineering and earth sciences and promoting advancement and
dissemination of knowledge and learning, and extending higher education, to meet the
requirements of higher education and research in the subjects and to serve the society
and the nation:
7
THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 PART III
The Alipurduar University Act, 2018.
(Chapter I.—Preliminary.—Sections 1, 2.)
It is hereby enacted in the Sixty-ninth Year of the Republic of India, by the Legislature
of West Bengal, as follows:—
CHAPTER I
Preliminary
Short title and
commencement.
Definitions.
1. (1) This Act may be called the Alipurduar University Act, 2018.
(2) This section, section 62, section 63, section 64, section 65, section 66 and section
67 shall come into force at once; and the remaining provisions of this Act shall come into
force on such date or dates as the State Government may, by notification in the Official
Gazette, appoint, and different dates may be appointed for different provisions of this
Act.
2. In this Act, unless there is anything repugnant in the subject or context,—
(1) "appointed day" means the date referred to in sub-section (5) of section 63;
(2) "affiliated" in relation to a college or an institution means affiliated to the
University under this Act, in which instruction is provided, under prescribed conditions,
for General courses of study, Professional courses of study, Vocational courses of study,
etc. at the undergraduate as well as at the Post-graduate levels of study;
(3) "autonomous college" means a college affiliated to the University and enjoying
academic freedom to:—
(a) determine its own courses of study and syllabi;
(b) determine rules of admission subject to the reservation policy of the State
Government; and
(c) evolve methods of conducting examination and evaluation, under the
guidelines and overall supervision of the University;
(4) "convocation" means a meeting of the Court for the purpose of conferring
degrees, titles, diplomas, certificates or other academic distinctions;
(5) "Constituent College" means an affiliated college in which instruction is
provided, under prescribed conditions, for honours as well as for post-graduate courses
of study, and which is declared as such by the University:
Provided that, if in any professional subject no honours courses of study have been
prescribed, a professional college may be a constituent college although no instruction
is provided in that college for honours courses of study in that subject;
(6) "Director of Public Instructions" means the Director of Public Instructions,
West Bengal, as may be appointed by the State Government, by order;
(7) "distance education" means instruction imparted through correspondence or
distance mode as recognized by the appropriate regulatory authority and the State
Government;
(8) "employee" in relation to the University means a person employed by the
University and includes the employees of the existing college who had been appointed
in a permanent substantive post and absorbed or appointed subsequently in the
University in due course subjected to the specific provisions of this Act:
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 3
The Alipurduar University Act, 2018.
(Chapter 1.—Preliminary.—Section 2.)
(9) "existing college" means the Alipurduar College, a Government-aided college,
receiving regular grants from the State Government;
(10) "financial year" means the year ending on the 31st day of March;
(11) "Government college" means a college which is maintained and managed by
the State Government;
(12) "Governor" means the Governor of the State of West Bengal;
(13) "hall" or "hostel" means a unit of residence of students maintained by the
University;
(14) "Librarian" means,—
(a) in relation to the University, a Librarian or any other person holding a post
of Librarian, by whatever name called, appointed as such by the University,
and
(b) in relation to a college affiliated to the University, Librarian or any other
person holding a post of Librarian, by whatever name called, appointed by
such college with prior approval of the State Government;
(15) "Minister" means the Minister-in-Charge, Department of Higher Education,
Science and Technology and Biotechnology, appointed as such by the Governor;
(16) "non-teaching staff' means,—
(i) in relation to the University, the non-teaching staff appointed as such by the
University not holding any teaching post or a person not holding the post
of an Officer or a person not holding the post of Librarian, by whatever
name called;
(ii) in relation to an affiliated college, the non-teaching staff, not holding any
teaching post (including part-time teaching post), appointed by such
college, but does not include a Librarian;
(17) "prescribed" means prescribed by rules made under this Act;
(18) "Principal" means the head of a college or of an institution, by whatever name
called;
(19) "private college" means a college which is fully financed, maintained and
managed by private organization;
(20) "professional college" means a college affiliated to the University in which
instruction is provided primarily for courses of study leading to any degree, diploma or
certificate of the University in any professional subject and which is recognized under
this Act as a professional college;
(21) "professional subject" means any of the following subjects, namely, law,
teachers' training, engineering, technology, agriculture, library and information science,
mass communication and journalism, management studies or such other subject as may
be provided by Regulations;
(22) "registered graduate" means a graduate registered in the University on making
application in the prescribed form and on payment of a fee and in such manner as may
he provided by the Statutes:
4 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III
The Alipurduar University Act, 2018.
(Chapter IL—University and its Officers.—Sections 3, 4.)
(23) "State Government" means the Government of West Bengal in the Higher
Education, Science and Technology and Biotechnology Department;
(24) "Statutes", "Ordinances", and "Regulations" shall mean respectively, the
Statutes, Ordinances and Regulations made under this Act;
(25) "Students' Council" means,—
(a) in relation to the University, the Students' Council constituted in the
manner prescribed under the rules made by the State Government in this
behalf; and
(b) in relation to an affiliated college, the Students' Council constituted in the
manner prescribed under the rules made by the State Government in this
behalf;
(26) "teacher of college" means a Professor, an Associate Professor or an Assistant
Professor or a Reader holding a whole time substantive teaching post and appointed in
a permanent vacancy in a college or recognized as such by the State Government;
(27) "teacher of University" means a Professor, an Associate Professor or an
Assistant Professor or any other person, holding a whole time substantive teaching post
and appointed in a permanent vacancy in the University or recognized as such by the
University with prior approval of the State Government;
(28) "University" means the Alipurduar University as constituted under this Act;
(29) "University College" means a college, or an institute, or a college combined
with an institute, maintained and managed by the University, whether established by it
or not;
(30) "University Laboratory", "University Library", "University Museum", or
"University Institution" means a laboratory, a library, a museum or an institution, as the
case may be, maintained and managed by the University, whether established by it or
not.
(31) "Vice-Chancellor" means the Vice-Chancellor of the University.
CHAPTER II
University and its Officers
3. (1) The Chancellor and the first Vice-Chancellor of the University and the first
members of the University Council, and all persons who may hereafter become the
Vice-Chancellor of the University or the members of the University Council, the Court
or the Executive Council, so long as they continue to hold such office or membership,
shall constitute a body corporate by the name of the Alipurduar University.
(2) The University shall have perpetual succession and a common seal and shall
have powers to sue and be sued by the name of the Alipurduar University.
4. The University shall have the following powers, namely—
(1) to encourage and provide for instruction, teaching, training and research in
such branches of learning and courses of study as it may think fit, and
generally to promote the advancement and dissemination of knowledge
and learning, and the extension of higher education with special emphasis
on the study of indigenous languages as well as culture and rural
development:
The University.
Powers of the
University.
PART III]
THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 5
The Alipurduar University Act, 2018.
(Chapter 11.—University and its Officers.—Section 4.)
(2) to establish, maintain and manage colleges, libraries, laboratories, museums
and such other institutions or centres for study and research as it may deem
necessary;
(3) to provide for specialization of studies in colleges and for organization by
colleges having common laboratories, libraries, museums and other
institutions or centres for study and research work;
(4) to affiliate colleges or institutions or centres and to withdraw such affiliation;
(5) to recognize affiliated colleges as professional colleges or autonomous
colleges or private colleges and to withdraw recognition of any such
college;
(6) to provide for affiliated colleges, other than Government colleges—
(a) the constitution, powers and functions of their Governing Bodies;
and
(b) for the colleges other than the Government colleges and the private
colleges, with the approval of the State Government—
the terms and conditions of service and emoluments for posts
of Principals, teachers and such other employees as it may
deem fit;
(ii) the rules for Provident Funds; and
(iii) the duties and responsibilities of the Principal, Teachers and
any other employee as deem fit and disciplinary actions and
punishment for negligence or violations thereof;
(7) to provide for affiliated colleges the constitution, powers and functions for
Teachers' Councils;
(8) to provide for the inspection, or investigation into the affairs, of colleges
or institutions recognized by it or affiliated to it and to exercise general
supervision and control over them;
(9) to take over for a period of twelve months the management of any college
or institution, affiliated to, or recognized by the University, other than a
Government college or a private college in order to ensure that proper
standards of teaching, training or instruction are maintained therein:
Provided that the University may, if it considers it necessary so to do,
extend such period, however, that the aggregate period shall not extend
eighteen months;
(10) to dissolve, in consultation with the State Government, the Governing
Body of any affiliated college, professional college, autonomous college,
institution, other than a private college or a Government college and
pending reconstitution of the Governing Body thereof in such manner as
may be provided and to appoint an Administrator or an ad hoc Governing
Body:
(i)
6 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III
The Alipurduar University Act, 2018.
(Chapter 11.—University and its Officers.—Section 4.)
Provided that the reconstitution of the Governing Body shall be made
within a period of twelve months from the date of dissolution:
provided further that the University may, if it considers it necessary so
to do, extend such period, however, that the aggregate period shall not
exceed eighteen months;
(11) to institute degrees, titles, diplomas, certificates and other academic
distinctions;
(12) to hold examinations and to confer degrees, titles, diplomas, certificates
and other academic distinctions on persons who shall have pursued an
approved course of study in an affiliated college, professional college or
University College or a University Laboratory unless exempted therefrom
in the manner provided by the Regulations and shall have passed the
prescribed examinations of the University, or shall have carried on research
under conditions provided;
(13) to withdraw or to cancel degrees, titles, diplomas, certificates or other
academic distinctions under such conditions as may be provided by the
Statutes and after giving the person affected a reasonable opportunity to
present His case;
(14) to confer honorary degrees or other academic distinctions under conditions
provided by the Statutes;
(15) to institute Professorships including Distinguished or Chair Professorships,
Associate Professorships, Assistant Professorships and other teaching
posts required by the University with prior approval of the State Government
and to appoint persons to such Professorships, Associate Professorships,
Assistant Professorships or other teaching posts, or to recognize persons as
Professors, Associate Professors or Assistant Professors of the University,
or as holders of other teaching posts of the University for the purpose of
imparting instruction and for conducting research in the University;
(16) to create posts, as and when required, of officers and employees of the
University besides those provided for in this Act with the prior concurrence
and approval of the State Government;
(17) to provide, subject to the provisions of this Act, the constitution, powers
and duties of the Boards of Studies, the Finance Committee, and other
bodies as may be provided by the Statutes;
(18) to provide by the Statutes the powers and duties of officers of the
University;
(19) to provide by the Statutes, subject to the provisions of this Act, the terms
and conditions of service, including the rules of conduct and discipline and
the emoluments for all categories of posts of the University;
(20) to make provisions for provident and other funds for the employees of the
University;
(21) to determine fees or other charges for examinations and other purposes, and
to demand and receive the fees or other charges so prescribed;
(22) to establish, maintain and manage halls and hostels and to withdraw such
recognition:
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 7
The Alipurduar University Act, 2018.
(Chapter H.—University and its Officers.—Section 5.)
Teaching in the
University.
(23) to provide for the promotion of the health and welfare of students and of
discipline among them;
(24) to co-ordinate the activities of, and give financial aid to affiliated or
recognized colleges and institutions;
(25) to extend grant to the National Service Scheme and National Cadet Corps
from the University Fund;
(26) to enter into an agreement with the Government or with any person, body
or authority for taking over by the University of the management of any
college or institution, including its assets and liabilities, or for any other
purpose not repugnant to the provisions of this Act;
(27) to acquire, hold and dispose of property, movable and immovable and to
make grants and advances for furthering any of its objects;
(28) to accept and administer gifts, endowments and benefactions, for the
furtherance of any of its objects for the University or for or on behalf of any
college or institution established by, affiliated to, or recognized by, the
University, and to institute awards, fellowships, travelling fellowships,
scholarships, studentships, stipends, bursaries, exhibitions, medals and
prizes;
(29) to accept grants and to raise loans or to accept loans from the Central or any
State Government or the University Grants Commission, and with the
approval of the State Government also from the other sources;
(30) to co-operate with other Universities, institutions and educational authorities
in matters that relate to and further the educational objectives of the
University;
(31) generally to do all such acts and things as may be necessary or desirable for,
or incidental to, the advancement of the objects or purposes of the
University;
(32) to impart instruction through distance education with the approval of the
Distance Education Council;
(33) to introduce interdisciplinary or multidisciplinary integrated courses in
selected subjects;
(34) to initiate collaborative teaching and research programme with other
universities and to provide modalities for Credit Transfer and Award of
Joint Degrees if deemed necessary.
5. (1) All recognized teachings in connection with the degrees, diplomas and
certificates of the University shall be conducted by the teachers of the University or of
any affiliated or constituted institution, as the case may be, under the general control of
the Court and the Executive Council.
(2) The courses of study. the curricula and the authorities responsible for organizing
such teaching shall be such as may be provided by regulations.
8 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 TART III
The Alipurduar University Act, 2018.
(Chapter II.—University and its Officers.—Sections 6-8.)
University to be
open to all
classes, castes and
creeds.
Jurisdiction of the
University.
6. The University shall be open to persons of either sex and of whatever race, creed,
caste or class, and it shall not be lawful for the University to adopt or impose on any
person any test whatsoever of religious belief or profession in order to entitle him to be
appointed as a Teacher of the University or to hold any office therein or to be admitted
as a student in the University, or to enjoy or exercise any privilege thereof.
7. (1) The territorial limits of jurisdiction of the University shall be the District of
Alipurduar.
(2) Notwithstanding anything contained in sub-section (1), any college or institution
situated beyond the limits of jurisdiction of the University, may apply to the University
for affiliation and the University may, subject to such conditions and restrictions as it
may, with the approval of the State Government, think fit to impose, admit the same to
all the privileges of the University.
(3) Notwithstanding anything contained in any other law for the time being in force
and with effect from such date as the State Government may, by notification in the
Official Gazette, appoint in this behalf under sub-section (1) and sub-section (2)—
(a) such colleges existing on the said date within the limits of the jurisdiction,
shall—
(i) be deemed to be affiliated to the University and continue to be so
affiliated until the University otherwise directs; and
(ii) cease to be affiliated from any other University to which they may
have been affiliated before the said date subject to the conditions that
nothing in this Act shall affect the powers exercised by the Maulana
Abul Kalam Azad University of Technology, West Bengal, The West
Bengal University of Teachers' Training, Education Planning and
Administration, the West Bengal University of Health Sciences, or
such other University as may be notified by the State Government
from time to time;
(iii) any person of any such college or institution holding any post under
the previously affiliated University shall cease to hold such post or
office;
Delegation of
power.
(b) no college or institution situated within the local limits of the jurisdiction
of the University, but not admitted to its privileges, shall be associated with
or be admitted to the privileges of any other University except with the prior
approval of the State Government.
Explanation.—For the purpose of this section, to enable higher education to reach
the unreached, the territorial limit shall not be insisted upon in the matter of distance
education mode of learning.
8. The University may delegate such of its powers as it may deem expedient to any
of its authorities referred to in section 21 or to any of its officers, and may, at any time,
withdraw at its discretion any power so delegated.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 9
The Alipurduar University Act, 2018.
(Chapter IL—University and its Officers.—Sections 9-11.)
Officers of the
University.
The Chancellor.
The Vice-
Chancellor.
9. The following shall be the officers of the University:—
(1) the Vice-Chancellor;
(2) the Registrar;
(3) the Deans of Faculties;
(4) the Director of School of Studies;
(5) the Finance Officer;
(6) the Law Officer;
(7) the Controller of Examinations;
(8) Inspector of Colleges;
(9) the University Librarian; and
(10) such other persons holding such other posts as may be declared by Statutes
to be the posts of officers of the University.
10. (1) The Governor of the State of West Bengal shall, by virtue of his office, be
the Chancellor of the University. He shall be the head of the University and the President
of the Court and shall, when present, preside at the meetings of the Court.
(2) The Chancellor shall exercise such powers as may be conferred on him by or
under the provisions of this Act.
(3) Where power is conferred upon the Chancellor to make nominations to any
authority or body of the University, the Chancellor shall, to the extent necessary,
nominate persons to represent interests not otherwise adequately represented.
(4) Every proposal to confer any honorary degree shall be subject to confirmation
by the Chancellor.
11. (1) (a) The Vice-Chancellor shall be a distinguished academician with proven
competence and integrity and having a minimum of ten years experience in a University
system of which at least five years shall be as professor or ten years of experience in a
reputed research or academic administrative organization of which at least five years
shall be in an equivalent position of professor.
(b) The Vice-Chancellor shall be appointed by the Chancellor out of a panel of three
names recommended in order of preference by the Search Committee constituted by the
State Government. While preparing the panel, the Search Committee must give proper
weightage to academic excellence, exposure to the higher education system in the
country and abroad and adequate experience in academic and administrative governance
and reflect the same in writing while submitting the panel to the Chancellor.
(c) The Search committee shall be constituted in the following manner :—
(i) an academician, not below the rank of the Vice-Chancellor of a Central or
State-aided University or the Director of a National institute of higher
learning, to be nominated by the Chancellor in consultation with the
Minister, who shall be the Chairperson of the Committee;
(ii) an academician, not below the rank of a Professor of a Central or State aided
University or National institute of higher learning, to be nominated by the
State Government;
10 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III
The Alipurduar University Act, 2018.
(Chapter H.—University and its Officers.—Section 11.)
(iii) an academician not below the rank of a Professor of a Central or State aided
University or National institute of higher learning, to be nominated by the
Court:
Provided that the nominees, as mentioned under sub-clause (i), (ii) and (iii) shall not
be the persons associated with the concerned University for which the Search committee
is constituted.
(2) (a) The Vice-Chancellor shall hold office for a period of four years or till he
attains the age of sixty-five years, whichever is earlier, and shall be eligible for re-
appointment for another term of four years or till he attains the age of sixty-five years,
whichever is earlier, following the provisions of sub-section (1).
(b) The Chancellor may, notwithstanding the expiration of the term of the office of
Vice-Chancellor or his attaining the age of sixty-five years, allow him to continue in
office till a successor assumes office, provided that he shall not continue as such for any
period exceeding six months.
(3) The Vice-Chancellor shall be a whole-time officer of the University and shall
be paid from the University Fund such salary and allowances as the Chancellor may
decide in consultation with the State Government.
(4) The Vice-Chancellor may resign his office by writing under his hand addressed
to the Chancellor;
(5) If-
(a) the Vice-Chancellor is, by reason of leave, illness or other cause, temporarily
unable to exercise the powers and perform the duties of his office, or
(b) a vacancy occurs in the office of the Vice-Chancellor by reason of death,
resignation, removal, expiry of the term of his office or otherwise,
then during the period of such temporary inability or pending the appointment of a Vice-
Chancellor, as the case maybe, the Chancellor, in consultation with the Minister, appoint
a person to exercise the powers and perform the duties of the Vice-Chancellor.
(6) The vacancy in the office of the Vice-Chancellor occurring by reason of death,
resignation or expiry of the term of his office, removal or otherwise shall be filled up by
appointment of a Vice-Chancellor in accordance with the provisions of sub-section (1)
within a period of six months from the date of occurrence of the vacancy, and such period
should be held to include any period for which a Vice-Chancellor is allowed to continue
in office under, clause (b) of sub-section (2), or a person is appointed by the Chancellor
in consultation with the Minister to exercise the powers and perform the duties of the
Vice-Chancellor under sub-section (5).
(7) The Vice-Chancellor may be removed from his office by the Chancellor if he is
satisfied that the incumbent—
(a) has become insane and adjudged by a competent court to be of unsound
mind; or
(b) has become an undischarged insolvent and stands so declared by a
competent court; or
(c) has been physically unfit and incapable of discharging function due to
protracted illness or physical disability: or
PART III]
THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 11
The Alipurduar University Act, 2018.
(Chapter II.—University and its Officers.—Section 12.)
Powers and duties
of the Vice-
Chancellor.
(d) has willfully omitted or refused to carry out the provisions of this Act or has
committed breach of any of the terms and conditions of the service contract
or has abused or misused the powers vested in him or if the continuance in
the office of the Vice-Chancellor is detrimental to the interest of the
University; or
(e) has been proved to be guilty of criminal breach of trust or criminal
negligence or gross financial irregularity or impropriety or gross negligence
of duty; or
has shown incompetence to perform or has persistently made default in the
performance of the duties imposed on him by or under this Act; or
(g) has been convicted by a Court for any offence within the concept and
meaning of the Code of Criminal Procedure, 1973; or
(h) is a member of, or otherwise associated with, any political party or acts in
any partisan manner while in office:
Provided that the Vice-Chancellor shall be given a reasonable opportunity to show
cause by the Chancellor before taking recourse for his removal under clauses (d), (e), (f),
(g) and (h).
Explanation.—For the purpose of this sub-clause, whether any party is a political
party or any association is a political association or any act of the Vice-Chancellor is
partisan, the decision of the Chancellor thereon shall be final.
12. (1) The Vice-Chancellor shall be the principal executive and academic officer
of the University and shall, in the absence of the Chancellor, preside over the meeting
of the Court. He shall, by virtue of his office, be a member and the Chairman of the
Executive Council and the Academic Councils for Post-graduate and Undergraduate
Studies and also the Chairman of any other authority or body of the University of which
he may be a member. He shall also be entitled to be present at and to address any meeting
of any other authority or body of the University of which he may not be a member, but
shall not be entitled to vote thereat.
(2) The Vice-Chancellor shall have the power to convene meetings of the Court, the
Executive Council, the Faculty Councils for Post-graduate Studies and of any other
authority or body of the University.
(3) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this
Act, and the Statutes, the Ordinances and the Regulations, are faithfully observed and
to take such action as may be necessary for this purpose.
(4) The Vice-Chancellor shall have the power to exercise general control and
supervision over all other officers of the University and over all Teachers and employees
of the University and generally over all the affairs of the University.
(5) The Vice-Chancellor shall exercise such other powers and discharge such other
duties as may be delegated to him by any authority or body of the University or as may
be provided by Statutes, Ordinances or Regulations.
(6) The Vice-Chancellor may take on behalf of the University such action as he may
deem expedient in any matter which, in his opinion, is either urgent or of an emergent
nature and shall report the same for confirmation at the next meeting to the authority or
body which. in the ordinary course. would have dealt with the matter:
2 of 1974.
12 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III
The Alipurduar University Act, 2018.
(Chapter IL—University and its Officers.—Sections 13-16.)
Provided that if the action taken by the Vice-Chancellor is not approved by the
authority or body concerned, the matter shall immediately be referred to the Chancellor
whose decision thereon shall be final.
(7) The Vice-Chancellor may, with the approval of the Executive Council, delegate
any of his powers (other than the power referred to in sub-section (6)) to any other officer
subordinate to him.
The Registrar.
Powers and duties
of the Registrar.
Finance Officer.
Powers and duties
of the Finance
Officer.
13. (1) The Registrar shall be a whole-time officer of the University and shall be
appointed by the Executive Council on the recommendation of a Committee consisting
of the Vice-Chancellor as Chairman, a nominee of the Chancellor, two nominees of the
Executive Council and a nominee of the State Government, and on such terms and
conditions, as prescribed by, or under, this Act.
(2) The Registrar may resign his office by writing under his hand addressed to the
Vice-Chancellor.
(3) If the Registrar is for any reason temporarily unable to exercise the powers or
perform the duties of his office, the Vice-Chancellor may with the approval of the
Executive Council appoint a teacher of the University or an officer of the University,
temporarily for a period not exceeding six months, to exercise the powers and perform
the duties of the Registrar.
14. Subject to the supervision, direction and general control of the Vice-Chancellor,
the Registrar shall act as the Secretary of the Court and the Executive Council and shall
exercise such powers and perform such duties as may be provided by the Statutes, or
delegated to him by or under this Act.
15. (1) The Finance Officer shall be a whole-time officer of the University. He shall
be appointed by the Executive Council on the recommendation of a committee
consisting of the Vice-Chancellor as the Chairman, a nominee of the Chancellor, two
nominees of the Executive Council and a nominee of the State Government for such
period and on such terms and conditions as may be prescribed by or under this Act.
(2) The Finance Officer may resign his office by writing under his hand addressed
to the Vice-Chancellor.
(3) If the Finance Officer is for any reason temporarily unable to exercise the powers
and perform the duties of his office, the Vice-Chancellor, with the approval of the
Executive Council, may appoint a person temporarily for a period not exceeding six
months to exercise the powers and perform the duties of the Finance Officer.
16. (1) Subject to the supervision, direction and general control of the Vice-
Chancellor, the Finance Officer shall be in charge of the administration of the funds, the
finances and the properties and assets of the University and of all trusts and endowments;
and he shall take special interest in activities that aim at raising funds for the purposes
of the University and for augmenting the resources of the University.
(2) The Finance Officer shall exercise such other powers and perform such other
duties as may be provided or delegated to him by or under the provisions of this Act, the
Statutes. the Ordinances or the Reaulations, as the case may be.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 13
The Alipurduar University Act, 2018.
(Chapter 1I.—University and its Officers.—Sections 17-20.—
Chapter 111—Authorities of the University.—Section 21.)
The Law Officer.
The Controller of
Examinations.
Powers and duties
of the Controller
of Examinations.
Supervisory
powers of the
Registrar, the
Finance Officer,
the Law Officer
and the Controller
of Examinations.
Authorities.
17. (1) There shall be a Law Officer in the University.
(2) The Law Officer shall assist the University in all legal issues and shall represent
the University in all legal proceedings before the Court of Law.
(3) The Law Officer shall have such powers and functions as may be provided by
the Statues.
18. (1) The Controller of Examinations shall be a whole-time officer of the
University. He shall be appointed by the Executive Council on the recommendation of
a committee consisting of the Vice-Chancellor as the Chairman, a nominee of the
Chancellor, two nominees of the Executive Council and a nominee of the State
Government for such period and on such terms and conditions as may be prescribed by
or under this Act.
(2) The Controller of Examinations may resign his office by writing under his hand
addressed to the Vice-Chancellor.
(3) If the Controller of Examinations is for any reason temporarily unable to
exercise the powers and perform the duties of his office, the Vice-Chancellor, with the
approval of the Executive Council, may appoint a person temporarily for a period not
exceeding six months to exercise the powers and perform the duties of the Controller of
Examinations.
19. (1) Subject to the supervision, direction and general control of the Vice-
Chancellor, the Controller of Examinations shall be in charge of the conduct of
examinations and tests of the University and declarations of their results.
(2) The Controller of Examinations shall exercise such other powers and perform
such other duties as may be provided or delegated to him by or under the provisions of
this Act, the Statutes, the Ordinances or the Regulations, as the case may be.
20. In their respective spheres of duties, the Registrar, the Finance Officer, the Law
Officer and the Controller of Examinations shall, subject to the provisions of this Act,
have the power of supervision and control over all officers and employees serving in
departments under their charge and shall exercise such disciplinary power as may be
conferred on them by or under this Act or by the Statutes or Ordinances or the
Regulations, as the case may be.
CHAPTER III
Authorities of the University
21. The following shall be the authorities of the University:—
(1) the Court;
(2) the Executive Council;
(3) the Faculty Council(s) for Post-graduate Studies;
(4) the Council(s) for Undergraduate Studies;
(5) the Board of Studies;
(6) the Finance Committee;
(7) such other authorities as may be declared by regulations to be the authorities
of the University.
14 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [13,ART III
The Alipurduar University Act, 2018.
(Chapter 111.—Authorities of the University.—Section 22.)
The Court.
22. (1) The Court shall be the supreme authority of the University.
(2) The Court shall consist of the following members:—
(a) Ex officio members —
(i) the Chancellor;
(ii) the Vice-Chancellor;
(iii) the Secretary, Higher Education, Science and Technology and
Biotechnology Department, Government of West Bengal or his
nominee not below the rank of Joint Secretary to the Government
of West Bengal;
(iv) the Secretary, Finance Department, Government of West Bengal or
his nominee not below the rank of Joint Secretary to the Government
of West Bengal;
(v) the Chairman, West Bengal State Council of Higher Education or
his nominee;
(vi) the Director of Public Instruction, West Bengal or his representative
not below the rank of Additional Director of Public Instruction;
(vii) the Chairperson of the West Bengal College Service Commission
or a member of the Commission as his nominee;
(viii) a nominee of the Chairman, University Grants Commission;
(b) Representatives of Departments of the University and affiliating Colleges—
(ix) Heads of Departments of the University;
(x) five seniormost Professors of Departments of University to be
selected by the Vice-Chancellor in alphabetical order of the
Department, of whom not more than one Professor shall be from the
same Department;
(xi) Principals of affiliated Colleges, not more than ten, to be nominated
by the Vice-Chancellor of whom—
(a) One shall be from a Law College;
(b) One shall be from other Professional Colleges;
(c) One shall be from Women's College;
(xii) five teachers from the Council of Undergraduate studies, of whom
at least two shall be Associate Professor and others shall not be
below the rank of Assistant Professor, to be elected by the members
of the Council from amongst themselves in the manner as may be
provided by the Statutes;
(xiii) one representative of Officers of the University, to be elected from
amongst themselves in the manner as may be provided by the
Statutes;
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 15
The Alipurduar University Act, 2018.
(Chapter 111.—Authorities of the University.—Section 23.)
Powers and duties
of the Court.
(xiv) two representatives of non-teaching employees of whom—
(a) One from non-teaching employees of the University,
(b) One from non-teaching employees of the affiliated colleges of
the University,
to be elected from amongst themselves in the manner as may be
provided by the Statutes;
(c) Nominated Members:—
(xv) not more than five persons to be nominated by the Chancellor in
consultation with the Minister from amongst the persons interested
in University education:
Provided that no employee of the University or of a College or
institution affiliated with the University or recognized by it shall be
eligible to be a member under this clause;
(d) Special Invitee:—
(xvi) any official or expert in any field or eminent educationist, whom the
Vice-Chancellor may require for advice, consultation or assistance,
may be invited to attend the meeting:
Provided that not more than one official or expert or eminent
educationist may be invited in a meeting at a time.
(3) A member of the Court shall hold office for a period of four years, if not
expressly provided otherwise in sub-section (1). Any vacancy among the members of
the Court shall be filled up immediately by the concerned authority.
(4) No act or proceedings of the Court or any Body or authority constituted by the
Court shall be invalid or called in question by reason of the existence of any vacancy,
initial or subsequent, in the Court or in any body constituted by the Court, as the case
may be.
23. (1) Subject to such conditions as may be provided by or under the provisions
of this Act, the Court shall exercise the following powers and perform the following
duties:—
(i) to establish University Colleges, University Departments, institutions,
libraries, laboratories and museums of study and research;
(ii) to confer, on the recommendation of the State Government and the
University Grants Commission, such special powers as may be provided by
Statutes on any college or institution providing instruction for courses of
study in fine arts or music or conducting higher studies and research:
Provided that the Court may withdraw, with the concurrence of the
State Government and the University Grants Commission, all or any of the
special powers conferred on any such college or institution;
(iii) to create and institute Professorships including Distinguished or Chair
Professorships, Associate Professorships, Assistant Professorships, and
such posts including posts of Officers as may be necessary for the
establishment of the University Colleges, University Departments,
institutions. libraries, laboratories and museums referred to in clause (i)
with prior approval of the State Government;
16 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [Pez-r III
The Alipurduar University Act, 2018.
(Chapter la—Authorities of the University.—Section 23.)
(iv) to institute degrees, titles, diplomas, certificates and other academic
distinctions;
(v) to institute fellowships, travelling fellowships, scholarships, studentships,
stipends, bursaries, exhibitions, medals and prizes to be awarded out of the
University Fund;
(vi) to confer degrees, titles, diplomas, certificates and other academic
distinctions on persons who—
(a) have pursued prescribed courses of studies or have been exempted
therefrom in the manner provided, and have passed such
examinations as may be determined by the University, or
(b) have carried on research in accordance with such conditions as may
be provided by the Regulations;
(vii) to withdraw or to cancel degrees, titles, diplomas, certificates or other
academic distinctions under such conditions as may be provided by
Statutes and after giving the person affected a reasonable opportunity to
present his case;
(viii) to confer honorary degrees or other academic distinctions;
(ix) to consider the Annual Statement of Accounts and the Annual Financial
Estimates approved by the Executive Council and to pass such resolutions
relating thereto as may be considered necessary:
Provided that for the purpose of passing a resolution modifying or
rejecting any such Annual Financial Estimates it shall be necessary for a
majority of the total number of members of the Court existing at the time
to vote in favour of the resolution;
(x) to consider the Annual Report as prepared by the Executive Council and to
pass such resolutions relating thereto as may be considered necessary;
(xi) to consider, and advise on, such other reports from the Executive Council
or any other body as may be made to it;
(xii) to consider, and advise on, proposals from the Executive Council for
entering into agreement with the Government or with any person, body or
authority for the taking over by the University of the management of any
college or institution, including its assets and liabilities, or for any other
purpose not repugnant to the provisions of this Act;
(xiii) to consider, and advise on, proposals from the Executive Council for co-
operation with other universities, institutions and educational authorities in
matters that relate to or further the educational objectives of the University;
(xiv) to consider and suggest measures for the improvement of the administration
and finances of the University, and generally for the furtherance of its
objectives;
(xv) to make rules for the transaction of its own business;
(xvi) to exercise all other powers and perform all other functions conferred and
imposed on the Court by or under this Act.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 17
The Alipurduar University Act, 2018.
(Chapter III.—Authorities of the University.—Sections 24, 25.)
Meetings of the
Court.
The Executive
Council.
(2) The Court shall not exercise the powers and perform the duties referred to in
clauses (i) and (iii) to (viii) of sub-section (1) except on the recommendation of the
Executive Council but may send proposals in respect thereof to the Executive Council
for its recommendation.
(3) The Court shall have the power to review the action of the Executive Council,
save where the Executive Council has acted in accordance with the powers conferred on
it by or under this Act:
Provided that if any question arises as to whether the Executive Council has acted
in accordance with the powers conferred on it by or under this Act, the matter shall be
decided by reference to the Chancellor whose decision shall be final.
24. (1) The Court shall meet at least thrice in a financial year, other than for
convocation, on dates to be fixed by the Vice-Chancellor. One of such meetings shall
be held before March and shall be called the Annual Meeting. The Court may also meet
at such other times as it may, from time to time, decide.
(2) One-third of the total number of members of the Court shall be a quorum for a
meeting of the Court:
Provided that such quorum shall not be required at convocation.
(3) The Vice-Chancellor may, whenever he thinks fit, and shall, upon a requisition
in writing signed by not less than fifty per cent of members of the Court, convene a
meeting of the Court. A meeting on such requisition shall be held within fifteen days of
the receipt of the requisition by the Vice-Chancellor.
25. (1) The Executive Council shall consist of the following members:—
(a) Ex officio Members:—
(i) the Vice-Chancellor;
(ii) the Secretary, Higher Education, Science and Technology and
Biotechnology Department, Government of West Bengal or his
nominee not below the rank of Joint Secretary, Higher Education
Department, to the Government of West Bengal;
(iii) the Secretary, Finance Department, Government of West Bengal or
his nominee not below the rank of Joint Secretary to the Government
of West Bengal;
. (iv) the Chairman, West Bengal State Council of Higher Education or
his nominee;
(v) the Director of Public Instruction, West Bengal or his nominee not
below the rank of Additional Director of Public Instruction;
(vi) the Deans of Faculty Councils for Post-graduate Studies;
(vii) Principals of affiliated Colleges, not more than seven, to be nominated
by the Vice-Chancellor of whom—
(a) One shall be from a Law College;
(b) One shall be from other Professional Colleges:
(C) One shall be from Women's College:
18 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III
The Alipurduar University Act, 2018.
Powers and duties
of the Executive
Council.
(Chapter III. Authoritiesof the University.—Section 26.)
(b) Other Members:—
(viii) three Heads of Departments, by rotation for one year in alphabetical
order of the Department, to be selected by the Vice-Chancellor;
(ix) seven teachers from the Faculty Council for the Post-graduate
studies of whom four shall be Professors, two shall be Associate
Professors and one shall be Assistant Professor and they shall be
elected by the members of the Faculty Council from amongst
themselves in the manner as may be provided by the Statutes;
(x) five teachers of whom at least two shall belong to the rank of
Associate Professor and others shall be not below the rank of
Assistant Professor from the Council of Undergraduate studies to be
elected by the members of the Council from amongst themselves in
the manner as may be provided by the Statutes;
(xi) two persons interested in University education, nominated by the
Chancellor in consultation with the Minister:
Provided that no employee of the University or of a College or
institution affiliated with the University or recognized by it shall be
eligible to be a member.
(2) A member of the Executive Council shall hold office for a period of four years,
if not expressly provided otherwise in sub-section (1). Any vacancy among the members
of the Executive Council shall be filled up immediately by the concerned authority.
(3) No act or proceedings of the Executive Council or any Body of authority
constituted by the Executive Council shall be invalid or called in question by reason of
the existence of any vacancy, initial or subsequent, in the Executive Council or in any
body constituted by the Executive Council, as the case may be.
(4) One-third of the total number of members shall be a quorum for a meeting of the
Executive Council.
26. Subject to the provisions of this Act, the Executive Council shall exercise the
following powers and perform the following duties:—
(i) to initiate proposals for the making of Statutes and Ordinances including
proposals for amendment or repeal thereof, in the manner hereinafter
provided;
(ii) to recommend to the Court, after consulting the respective Faculty Councils
for Post-graduate Studies, the establishment of University Colleges,
University Departments, institutions, libraries, laboratories and museums
for study and research;
(iii) to maintain University Colleges, University Departments, University
institutions, University libraries, University laboratories and University
museums;
(iv) to establish, maintain and manage halls and to recognize hostels;
(v) to direct the inspection of University libraries, University laboratories,
University museums and hostels;
PART III THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 19
The Alipurduar University Act, 2018.
(Chapter III—Authorities of the University.—Section 26.)
(vi) to recommend to the Court, after consulting the respective Faculty Councils
for Post-graduate Studies, the institution of fellowships, travelling
fellowships, scholarships, stipends, bursaries, exhibitions, medals and
prizes, the expenses of which shall be met from the University Fund, and
to award the same after institution thereof by the Court;
(vii) to recommend to the Court, after consulting the respective Faculty Councils
for Post-graduate Studies, the creation and institution of Professorships
including Distinguished or Chair Professorship, Associate Professorships,
Assistant Professorships and such posts as may be necessary for the
establishment of the University Colleges, University Departments,
institutions, libraries, laboratories and museums;
(viii) to create posts of Officers, Teachers and employees of the University or to
recommend to the Court for such creation, with the approval of the State
Government;
(ix) to appoint Officers and employees of the University and to define their
duties in accordance with the Statutes and the Ordinances and to suspend,
discharge or otherwise punish in accordance with the Statutes and the
Ordinances such Officers and employees;
(x) to pass appropriate orders on the basis of the recommendation of the
respective Council for Undergraduate Studies regarding affiliation of a
college or an institution in one or more subjects or withdrawal of affiliation
or recognition of a college or an institution or temporary take over of the
management of an affiliated or a recognised college or institution;
(xi) to provide, on the recommendation of the respective Council for
Undergraduate Studies for colleges, other than Government Colleges—
(a) the constitution, powers and functions of their Governing Bodies;
(b) the functions of the Teachers' Councils and rules regarding provident
fund of the employees of the colleges; and
(c) duties and responsibilities of the Principal, Teachers, and any other
employee as deemed fit and disciplinary actions for negligence or
violations thereof;
(xii) to determine and collect fees or charges for the registration of students and
their admission to courses of studies organized by the University, for
holding examinations, for the grant of degrees, diplomas and certificates,
and for other like purposes;
(xiii) to recommend to the Court, after consulting the respective Faculty Councils
for Post-graduate Studies, the institution of degrees, titles, diplomas,
certificates and other academic distinctions;
(xiv) to recommend to the Court, on the advice of the appropriate body, the
conferment of degrees, titles, diplomas, certificates and other academic
distinctions on persons who have pursued courses of studies or have been
exempted therefrom in the manner provided, and have passed such
examinations or have carried on research under such conditions, as may be
provided;
20 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER I, 2018 [PART III
The Alipurduar University Act, 2018.
(Chapter IIL—Authorities of the University.—Section 26.)
(xv) to recommend to the Court the conferment of honorary degrees and other
academic distinctions;
(xvi) to approve the constitution or reconstitution of the respective department
of teaching on the recommendation of the respective Faculty Council for
Post-graduate Studies;
(xvii) to make regulations and syllabi regarding the courses of studies and the
division of subjects including interdisciplinary or multidisciplinary approach
for integrated courses in selected subjects after obtaining and considering
the recommendation of the Faculty Councils for Post-graduate Studies and
the Councils for Undergraduate Studies in this regard;
(xviii) to make regulations regarding the examinations which shall be recognised
as the equivalent examinations held by the University;
(xix) to make regulations regarding the conduct of examinations held by the
University and the conditions under which students may be admitted to the
different courses of studies of and the examinations held by the University;
(xx) to make regulations regarding all other matters which may be or are
required to be provided for by the regulations;
(xxi) to provide for co-operation and reciprocity among colleges, institutions
and laboratories and the Universities so as to faster the development of
academic life and to encourage Cluster Concept to ensure the fullest
utilization of the teaching and infrastructural resources available, on the
recommendation of the respective Faculty Council for Post-graduate
Studies and to form College Development Council for this purpose if
thought necessary;
(xxii) to give directions regarding the form, custody and use of the common seal
of the University;
(xxiii) to acquire, hold and dispose of property, movable and immovable, and to
administer all assets, properties and funds of the University, and to
undertake all measures necessary or desirable for the conservation or
augmentation of the resources of the University:
Provided that for the purpose of disposing of any property valued more
than one lakh of rupees previous approval of the Court shall be necessary;
(xxiv) to accept and administer gifts, endowments and benefactions for the
furtherance of the purposes of this Act;
(xxv) to accept grants and to raise or accept loans on behalf of the University and
to make grants or advances from the University fund or other special funds
maintained by the University;
(xxvi) to enter into an agreement with the Government or with any person, body
or authority for the taking over by the University of the management of any
college or institution, including its assets and liabilities, or for any other
purpose not repugnant to the provisions of this Act on the recommendation
of the Faculty Council for Post-graduate Studies or the Council for
Undergraduate Studies concerned:
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 21
The Alipurduar University Act, 2018.
(Chapter III—Authorities of the University.—Section 27.)
The Faculty
Councils of Post-
graduate Studies.
(xxvii) to manage the Press Establishment, the Publication Bureau and the
Employment Bureau of the University and to exercise general supervision
over Students' Council, University Extension Board, University Sports
Board and other bodies instituted by the University;
(xxviii) to approve the Annual Statements of Accounts and the Annual Financial
Estimates of the University and to submit the same to the Senate for
consideration;
(xxix) to prepare the Annual Report and submit the same to the Court for
consideration;
(xxx) to make due provision for the health, welfare, residence and discipline of
students and their relationship with the University and to provide for such
other training of students as may be considered desirable;
(xxxi) to co-operate with other Universities, Institutions, Associations, Societies
or Bodies on such terms and for such purposes, not inconsistent with the
purposes of this Act, as it may determine;
(xxxii) to institute Collaborative Teaching and Research Programmes with other
Universities and prescribe modalities for Credit Transfer and Award of
Joint Degrees in a manner not inconsistent with the purposes of this Act;
(xxxiii) to make regulations for the transaction of its own business;
(xxxiv) to exercise all other powers and perform all other functions conferred and
imposed on the Executive Council by or under this Act;
(xxxv) to exercise general supervision over the Faculty Councils for Post-graduate
Studies and the Councils for Undergraduate Studies and give such directions
to these Councils for the due discharge of their respective duties as it may
consider necessary.
27. (1) There shall be the following Faculty Councils for Post-graduate Studies:—
(a) the Faculty Council for Post-graduate Studies in Arts, Fine Arts, Performing
Arts and Traditional Art Forms;
(b) the Faculty Council for Post-graduate Studies in Science, Technology and
Vocational Studies;
(c) the Faculty Council for Post-graduate Studies in Law, Education, Journalism
and Mass Communication, Library Science and Physical Education;
(d) the Faculty Council for Post-graduate Studies in Commerce and
Management;
(e) such other Faculty Councils for Post-graduate Studies as may be determined
by the Executive Council, from time to time.
(2) Each Faculty Councils for Post-graduate Studies shall consist of the following
members:—
(i) the Vice-Chancellor—Chairman;
(ii) the Dean of the Faculty Council concerned;
(iii) the Head or Heads of the Department or Departments concerned, if any;
(iv) the Professor or Professors of the Department or Departments concerned,
if any:
22 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [P.Ajz-r III
The Alipurduar University Act, 2018.
Powers and duties
of the Faculty
Councils of Post-
graduate Studies.
(Chapter 111.—Authorities of the University.—Section 28.)
(v) the Librarian of the University, if the post is vacant then the person acting
as Librarian of the University in case of Faculty Council for Post-graduate
Studies in Arts;
(vi) five shall be Teachers of the University, other than Professors, to be elected
by such Teachers of the concerned Faculty Council from amongst
themselves, in such manner as may be provided for by the Statutes;
(vii) not more than three persons having special knowledge in the subject or
subjects concerned nominated by the Vice-Chancellor;
(viii) three Teachers participating in undergraduate teaching in the subject or
subjects concerned elected by the members of the concerned Council for
undergraduate studies, in such manner as may be provided for by the
Statutes;
(ix) one student representative pursuing Post-graduate Studies in the University
and one Research Scholar pursuing research in the University to be elected
by Post-graduate students and Research Scholars respectively of the
concerned Faculty Council from amongst themselves in such manner as
may be provided for by the Statutes:
Provided that the student representative or the research scholar referred to under this
clause shall not be permitted to take part in any meeting of the Faculty Council in which,
confidential matters relating to conduct of examination, checking of answer scripts,
publication of results and matters of similar nature are to be discussed:
Provided further that the Faculty Council concerned may co-opt such Dean or Deans
of any other Faculty Council for Post-graduate Studies, as it may consider necessary.
(3) Each Faculty Council for Post-graduate Studies shall have a Secretary from
amongst its members.
(4) One-third of the total number of members of a Faculty Council for Post-graduate
Studies shall be a quorum for a meeting of the Faculty Council.
28. Subject to the provisions of this Act, and the Statutes, the Ordinances and the
Regulations, a Faculty Council for Post-graduate Studies shall exercise the following
powers and perform the following duties:—
(i) to make proposals to the Executive Council for the establishment of
University Colleges, University Departments, institutions, libraries,
laboratories and museums for study and research to be maintained by the
University;
(ii) to recommend to the Executive Council the creation and institution of
Professorships including Distinguished or Chair Professorships, Associate
Professorships, Assistant Professorships, and other teaching posts and the
duties and emoluments thereof;
(iii) to make proposals to the Executive Council for the promotion of research
and, through special committees, if any constituted for the purpose, to call
for reports on such research work from persons engaged therein, and to
make recommendations to the Executive Council thereon;
(iv) to determine after consulting the Executive Council the minimum
qualifications for posts of Teachers of the University; as per guidelines of
the University Grants Commission or any other concerned body:
PART, III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 23
The Alipurduar University Act, 2018.
(Chapter III. Authoritiesof the University.—Section 28.)
(v) to make proposals to the Executive Council regarding provisions to be
made for enabling the University to undertake specialization of studies and
for organization of common laboratories, libraries, museums, institutes of
research and other institutions, maintained by the University;
(vi) to constitute or reconstitute the departments of teaching with the approval
of the Executive Council;
(vii) to make provisions for lectures and instructions for students of constituent
and University Colleges and University Laboratories and also for other
persons who are not such students;
(viii) to advise the Executive Council on the institution of degrees, titles,
diplomas, certificates and other academic distinctions;
to hold and conduct, subject to general supervision by the Executive
Council University examinations and publish the results thereof in
accordance with the Regulations made in this regard;
to provide for the inspection or the investigation into the affairs of any
department or any University College and submit report to the Executive
Council;
to have general supervision over the Boards of Studies attached to the
Faculty Council;
to frame rules relating to the courses of Post-graduate Studies and the
division of subjects in regard thereto including interdisciplinary or
multidisciplinary integrated courses in selected subjects and to recommend
to the Executive Council the making of Regulations in this regard;
(xiii) to appoint, if required by the Executive Council, after considering the
views of the Boards of Studies attached to the Faculty Council, Boards of
Examiners in the subject or subjects relating to Post-graduate Studies,
including the subjects for doctoral thesis and for prizes and medals;
(xiv) to call for such reports or information as the Faculty Council may consider
necessary for efficient discharge of its duties from the teaching departments,
research units or Boards of Studies;
(xv) to consider any educational matter relating to the Faculty Council and to
arrive at decisions or make recommendations pertaining thereto to the
appropriate authority or officer;
(xvi) to maintain contact with the corresponding Council for Undergraduate
Studies for the purpose of sharing ideas and ensuring co-ordination;
(xvii) to submit each year its Annual Report to the Executive Council;
(xviii) to make rules for the transaction of its own business;
(xix) to exercise all other powers and perform all other functions conferred and
imposed on it by or under this Act;
(xx) to delegate to the teaching departments, research units, and Boards of
Studies attached to it the responsibility for such academic matters as
respectively concern such departments, units and Boards:
(x)
24 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III
The Alipurduar University Act, 2018.
(Chapter III.—Authorities of the University.—Section 29.)
Councils for
Undergraduate
Studies.
(xxi) to consider and approve results of examinations leading to post-graduate
degrees, diplomas and certificates;
(xxii) to recommend to the Executive Council the conferment of post-graduate
degrees, diplomas and certificates.
29. (1) There shall be the following Councils for Undergraduate Studies:—
(i) the Council for Undergraduate Studies in Arts, Fine Arts, Performing Arts
and Traditional Art Forms;
(ii) the Council for Undergraduate Studies in Science, Technology, Home
Science, and Vocational Studies;
(iii) the Council for Undergraduate Studies in Commerce, and Management;
(iv) the Council for Undergraduate Studies in Law, Education, Journalism and
Mass Communication, Library Science and Physical Education; and
(v) such other Council for Undergraduate Studies as the Executive Council
may decide from time to time.
(2) The Council for Undergraduate Studies in Arts, Fine Arts, Performing Arts and
Traditional Art Forms shall consist of the following members:—
the Vice-Chancellor—Chairman;
the Dean of the Faculty Councils for Post-graduate Studies in Arts, Fine
Arts, Performing Arts and Traditional Art Forms;
(iii) ten teachers of affiliated colleges of whom one shall be from a college
imparting instruction in Fine Arts, Performing Arts or Traditional Art
Forms, if any, elected by the teachers of such colleges in such manner as
may be provided by the Statutes;
(iv) two teachers participating in Post-graduate teaching in the subject or
subjects concerned elected jointly by the members of the concerned
Faculty Councils for Post-graduate Studies from amongst themselves in
such manner as may be provided by the Statutes;
four Principals of whom three shall be from affiliated undergraduate
colleges of Arts, and one shall be from affiliated Fine Arts or Performing
Arts or Traditional Art Forms colleges, elected jointly by the Principals of
such colleges in such manner as may be provided by the Statutes;
(vi) two persons having special knowledge in the subject or subjects concerned
nominated by the Vice-Chancellor;
(vii) two student representatives pursuing Undergraduate studies in different
streams of education in the affiliated colleges of the University to be elected
by such students of the affiliated colleges from amongst themselves in such
manner as may be provided by the Statutes:
Provided that no two student representative shall be elected from the same stream
of education:
Provided further that the student representatives referred under this clause shall not
be permitted to take part in any meeting of the Faculty Council in which, in the opinion
of the Executive Council. any of the minutes of any such meeting may prejudicially
affect the general interest of the students.
(i)
(ii)
(v)
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 25
The Alipurduar University Act, 2018.
(Chapter ILL—Authorities of the University.—Section 29.)
(3) The Council for Undergraduate Studies in Commerce and Management shall
consist of the following members:—
(i) the Vice-Chancellor—Chairman;
(ii) the Dean of the Faculty Council for Post-graduate Studies in Commerce
and Management;
(iii) the Principal or Principals of the concerned affiliated colleges;
(iv) not more than four teachers, not belonging to the same Department, elected
jointly by the teachers of such affiliated colleges in such manner as may be
provided by the Statutes;
(v) two persons having special knowledge in the subjects nominated by the
Vice-Chancellor; and
(vi) one student representative pursuing Undergraduate studies in different
streams of education in the affiliated colleges of the University to be elected
by such students of the affiliated colleges from amongst themselves in such
manner as may be provided by the Statutes:
Provided that the student representatives referred under this clause shall not be
permitted to take part in any meeting of the Faculty Council in which, in the opinion of
the Executive Council, any of the minutes of any such meeting may prejudicially affect
the general interest of the students.
(4) The Council for Undergraduate Studies in Law, Education, Journalism and
Mass Communication, Library Science and Physical Education shall consist of the
following members:—
(i) the Vice-Chancellor—Chailman;
(ii) the Dean of the Faculty Council for Post-graduate Studies in Law, Education,
Journalism and Mass Communication, Library Science and Physical
Education;
(iii) the Principal or Principals of the concerned affiliated colleges;
(iv) not more than four teachers, not belonging to the same Department,
participating in the subjects concerned elected by such teachers from
amongst themselves in such manner as may be provided by the Statutes;
(v) two persons having special knowledge in the subject concerned nominated
by the Vice-Chancellor; and
(vi) two student representatives pursuing Undergraduate studies in the affiliated
colleges of the University to be elected by such students of the affiliated
colleges from amongst themselves in such manner as may be provided by
the Statutes:
Provided that no two student representative shall be elected from the same stream
of education:
Provided further that the student representatives referred under this clause shall not
be permitted to take part in any meeting of the Faculty Council in which, in the opinion
of the Executive Council. any of the minutes of any such meeting may prejudicially
affect the general interest of the students.
26 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III
The Alipurduar University Act, 2018.
(Chapter 111.—Authorities of the University.—Section 30.)
Powers and duties
of the Councils
for Undergraduate
Studies.
(5) The Council for Undergraduate Studies in Science, Technology, Home Science
and Vocational Studies shall consist of the following members:—
(i) the Vice-Chancellor—Chairman;
(ii) the Dean of the Faculty Council for Post-graduate Studies in Science,
Technology, Home Science and Vocational Studies;
(iii) the Principal or Principals of the concerned affiliated colleges;
(iv) not more than four teachers, not belonging to the same Department, elected
jointly by the teachers of such affiliated colleges in such manner as may be
provided by the Statutes;
(v) two persons having special knowledge in the subjects nominated by the
Vice-Chancellor; and
(vi) two student representatives pursuing Undergraduate studies in different
streams of education in the affiliated colleges of the University to be elected
by such students of affiliated colleges from amongst themselves in such
manner as may be provided by the Statutes:
Provided that no two student representative shall be elected from the same stream
of education:
Provided further that the student representatives referred under this clause shall not
be permitted to take part in any meeting of the Faculty Council in which, in the opinion
of the Executive Council, any of the minutes of any such meeting may prejudicially
affect the general interest of the students.
(6) The Councils for other Undergraduate Studies shall be constituted in the same
manner provided in sub-section (5) taking the Vice-Chancellor as Chairman and the
Dean of concerned Faculty Council for Post-graduate Studies and other relevant
representatives of the concerned Faculty councils for Undergraduate Studies.
(7) Each Council for Undergraduate Studies shall have a Secretary. The Secretary
shall be a member of the Council.
(8) One-third of the total number of members of a Council for Undergraduate
Studies shall be a quorum for a meeting of the Council.
30. Subject to the provisions of this Act, and-the Statutes, the Ordinances and the
Regulations, a Council for Undergraduate Studies shall exercise the following powers
and perform the following duties:—
(i) to recommend to the Executive Council the affiliation of a college or an
institution in one or more subjects;
(ii) to ensure annual inspection of college;
(iii) to exercise general supervision over the colleges to ensure that the
conditions of affiliation are properly fulfilled, the standard of teaching is
uniformly maintained and syllabi, as prescribed are properly completed
within the academic year, academic calendar prepared and followed, duties
and responsibilities as provided for the Principal, teachers and other
employees are properly carried out:
PART HI] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 27
The Alipurduar University Act, 2018.
(Chapter III. Authoritiesof the University.—Section 30.)
(iv) to fix the last date of admission of students to different courses of studies
and the date of commencement of examinations in consultation with other
Councils for Undergraduate Studies;
(v) to appoint Head Examiners, Examiners, Paper-setters, Scrutinizers, Co-
coordinators, Conveners, Tabulators and other persons under the general
supervision of the Executive Council;
(vi) to hold and conduct examinations and to approve and declare the results of
the examinations within such period as may be determined;
(vii) to recommend to the Executive Council the disaffiliation or withdrawal of
affiliation of any college in respect of any subject or subjects, if, on receipt
of written report from a team of Inspectors, appointed by the University, the
Council is of opinion that proper standard of teaching is not properly
fulfilled or the results of the candidates sent up by the college for any
examination are unsatisfactory or the college has failed to comply with the
directives of the Council;
(viii) to establish, maintain and manage halls and hostels of undergraduate
colleges;
(ix) to recommend to the Executive Council the temporary takeover of the
management of an affiliated or a recognised college or institution, other
than a Government College, in order to ensure that proper standards of
teaching, training or instruction are maintained therein;
(x) to provide for the inspection or investigation into the affairs of undergraduate
colleges or institutions recognised by the Council or affiliated to the
University and to exercise general supervision and control over them;
(xi) to make due provision for health, welfare, residence and discipline of
students and their relationship with the University and to provide for such
training of students as may be considered desirable;
(xii) to recommend to the Executive Council the dissolution of the Governing
Body of an affiliated college or institution, other than a Government
College, and pending reconstitution of the Governing Body, the appointment
of an Administrator or an ad hoc Governing Body;
(xiii) to collect fees for examination, condonation of short percentage for
appearing at an examination as non-collegiate student, mark-sheet, late
admission, change of examination centre, scrutiny of answer script, and
change of name or surname, and any other charge for registration and
migration of students and grant of diplomas, certificates or any other
documents at such rate as may be determined by the Executive Council;
(xiv) to exercise supervision to ensure that all properties and funds of the Council
are properly controlled and administered;
(xv) to supply promptly such information, returns, reports and other materials
as may be required by the University;
(xvi) to extend facilities and other assistance including exhibits of records, books
of accounts, ledgers and any other documents to officers deputed by the
University for inspection:
28 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 III
The Alipurduar University Act, 2018.
(Chapter II1.—Authorities of the University.—Section 31.)
Deans of Faculty
Councils.
(xvii) to approve the Annual report of the activities of the Council during the
previous academic year and submit the same to the Executive Council on
or before such date as may be fixed by the Executive Council;
(xviii) to abide by, and implement promptly, the decisions that may be arrived at
by the University from time to time in regard to the Council;
(xix) to follow the guidelines and the rules framed by the University from time
to time;
(xx) to have general responsibility for academic affairs in relation to
undergraduate studies with which the Council is concerned;
(xxi) to have general supervision over the Board of Studies attached to the
Council in accordance with the rules framed for the purpose;
(xxii) to maintain contact with the corresponding Council for Post-graduate
Studies for the purpose of sharing ideas and ensuring co-ordination;
(xxiii) to make rules and regulations relating to courses of undergraduate studies,
subject to the approval of the Executive Council.
31. (1) There shall be a Dean for each and every Faculty Council in the University
who shall be appointed by the Vice-Chancellor of the University on recommendation of
the Selection Committee duly constituted for this purpose.
(2) The Selection Committee shall be constituted by the State Government for each
and every occasion of selection of Dean of the University:
Provided that every such Committee shall appoint Deans for all Faculty Councils in
the University.
(3) The Selection Committee shall consist of the following members:—
(a) nominee of the Chancellor, who shall be the Vice-Chancellor of a State-
aided University other than the concerned University and who shall be
nominated in consultation with the Chancellor and who shall be the head
of the Committee;
(b) nominee of the State Government, who shall be an eminent academician
and who is not related with the concerned University in any manner; and
(c) nominee of the Vice-Chancellor, who shall not be below the rank of a
Professor of any other University.
(4) The Selection Committee shall consider the names of eligible professors of that
University for the post of Dean and give proper weightage of academic excellence and
adequate experience in academic and administrative governance while preparing the
panel of two Professors in order of their preference for each and every Faculty Council
for Post-graduate Studies:
Provided that no person shall be eligible for the post of Dean more than one term in
his service tenure in the same University:
Provided further that no person holding the post of Dean in the University, on the date
of commencement of this Act. shall be eligible for further selection of Dean in the same
University.
PART III]
THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER I, 2018 29
The Alipurduar University Act, 2018.
(Chapter III.—Authorities of the University.—Sections 32-34.)
(5) The Registrar of the University shall provide secretarial assistance to the
Selection Committee for preparing the panel and the Committee shall have power to call
for any record of the University relating to any Professor for the purpose of such
selection.
(6) The Selection Committee shall finalize the panel within such time as may be
directed by the State Government, and immediately thereafter the Committee shall send
its recommendations in writing to the State Government, along with reasoned record of
assessment of the persons so considered.
(7) The State Government shall thereafter forward the panel to the Vice-Chancellor
of the University for appointment of Dean.
(8) Every Dean appointed as per provisions of this Act shall hold the office for three
years or until he retires or vacates his office for any other reasons:
Provided that a Professor shall only be eligible for empanelment for the post of Dean
who has at least three years of service in his account before the age of superannuation.
(9) The Vice-Chancellor shall, in the event of any temporary vacancy of the office
of Dean, select a seniormost Professor of that University according to the date of their
joining in the same University for a period not more than six months:
Provided that such selection of Dean on temporary vacancy shall be communicated
forthwith to the State Government for the purpose of re-constitution of Selection
Committee.
(10) Every Dean shall be the Vice-Chairman of the respective Faculty Council and
shall have such powers and functions as may be provided for by Regulations.
(11) The Dean of every Faculty Council may be removed from his office for such
reasons and in such manner as may be provided for by Regulation.
32. There shall be Boards of Studies attached to every Faculty Council for Post-
graduate Studies or Council for Undergraduate Studies. The constitution of the Boards
of Studies shall be provided by Statutes and the powers and functions of the Boards shall
be provided by Regulations.
33. There shall be a Finance Committee with the Vice-Chancellor as the Chairman.
The constitution, powers and functions of the Finance Committee shall be provided by
Statutes and its procedure in financial matters, including the delegation of its powers,
shall be provided by Ordinances.
34. (1) The teachers and other academic staff of the University shall be appointed
by the Vice-Chancellor, on the recommendation of the Selection Committee, and the
constitution of the Selection Committee as well as the procedure for holding its meetings
shall be in consonance with the Rules framed by the State Government from time to time.
(2) The nominee of the Vice-Chancellor shall be the head of the Selection Committee,
which shall send its recommendations in writing to the Vice-Chancellor along with
reasoned record of assessment of the persons appeared before it for selection.
(3) Notwithstanding anything contained in sub-section (1), the Executive Council
shall hold the powers of punishment to any teachers of the University in prescribed
manner.
The Board of
Studies.
The Finance
Committee.
Selection
Committee for the
Teachers and
other academic
staff of the
University.
III
30 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III
The Alipurduar University Act, 2018.
(Chapter IIL—Authorities of the University.—Sections 35-37.)
Procedure for
holding the
meetings of
Selection
Committee.
Appointment on
the
recommendation
of the Selection
Committee.
Letter of
appointment to
the teachers,
officers and
employees.
35. (1) At least five members, including two outside subject experts, shall constitute
the quorum for a meeting of the Selection Committee.
(2) If the Vice-Chancellor does not accept the recommendation of a Selection
Committee, it shall refer the recommendation back to the Selection Committee with
reasons for reconsideration and if the Vice-Chancellor does not accept the reconsidered
views of the Selection Committee, the matter shall be referred to the Chancellor with
reasons and the decision of the Chancellor shall thereon be final.
36. (1) Notwithstanding anything contained in section 34, and until the constitution
of a Selection Committee referred to therein, University teachers, other academic staff
and Officers shall be appointed by the University Council, referred to in sub-section (1)
of section 65 on the recommendation of a Selection Committee, constituted by the said
Council in such manner as it thinks fit, which shall include as its member at least one
person, not holding any office of profit under the University and having special
knowledge in the subject for which the teacher, other academic staff and the officer, as
the case may be, is related with, to be nominated by the Chancellor.
(2) If the University Council does not accept the recommendation of the Selection
Committee, the provision of sub-section (2) of section 35 shall apply mutatis mutandis.
37. (1) Every teacher, every Officer and every employee of the University shall, on
appointment as such, be provided with a letter of appointment containing such terms and
conditions of appointment and duties and responsibilities as may be provided by
Ordinances.
(2) A teacher or other academic staff or an officer or an employee appointed against
a permanent vacancy shall be on probation ordinarily for a period of one year from the
date of such appointment and such period of probation may, at the discretion of the
appropriate authority of the University, be extended for a further period not exceeding
one year.
(3) If, at any time during the period of probation, the probationer's work is not
considered satisfactory, the probationer shall be discharged by the authority concerned
together with one month notice or one month' s salary in lieu of notice:
Provided that such probationer shall be given with an opportunity of being heard
before discharging and the discharging letter should contain the detailed record of
assessment of the probationers work.
(4) On satisfactory completion of the period of probation, a teacher or other
academic staff or an officer or an employee, as the case may be, shall be confirmed with
effect from the date of his appointment on probation by an order in writing made by the
University in this behalf and the fact of such confirmation shall be communicated to the
person concerned:
Provided that if, on completion of the period of probation, no such order of
confirmation is made and communicated to the person concerned within a period of two
months of the completion of the period of probation, the person concerned shall be
deemed to have been confirmed with effect from the date of his appointment on
probation:
Provided further that if, prior to the completion of the period of probation, a teacher
or an officer or an employee, as the case may be, desires to extend the period of probation,
the Executive Council may extend it further by any period depending on the circumstances
of the case.
PART. III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 31
The Alipurduar University Act, 2018.
(Chapter III.—Authorities of the University.—Sections 38-40.---
Chapter IV—General Provisions Governing All Authorities or
Other Bodies of the University.—Section 41.)
38. The services of a temporary teacher or officer or employee shall not be
terminated before the expiration of the period for which he is appointed except after
serving one month's notice or paying him one month's salary in lieu thereof.
39. The Executive Council may, subject to the provisions of this Act, provide by
Ordinances the constitution of a Standing Committee for selection of persons for
appointment to the posts of non- teaching posts of the University and the procedure and
the method of such selection.
40. (1) If in the case of any dispute between the University and any Teacher, Officer
or employee of the University, no final order has been passed within a period of one year
from the date on which the dispute was referred to the University by such Teacher,
Officer or employee, such dispute shall on the request of such Teacher, Officer or
employee, be referred to a Tribunal consisting of the following members, namely:—
(i) a Chairman, to be nominated by the Chancellor in consultation with the
Minister;
(ii) one person to be nominated by the Executive Council; and
(iii) one person to be nominated by the Teacher, Officer or employee concerned.
(2) An appeal from an employee of the University in a disciplinary matter shall be
referred to the Tribunal and shall be decided and disposed of by the Tribunal.
(3) The Tribunal may call for any record, report or other information from the
University if, in its opinion, such record, report or other information is necessary for
efficient discharge of its functions, and the University shall furnish such record, report
or other information to the Tribunal.
(4) Every request under sub-section (1) shall be deemed to be a submission to
arbitration upon the terms of this section, within the meaning of the Arbitration and
Conciliation Act, 1996 and all the provisions of that Act with the exception of section
2 thereof shall apply accordingly.
Termination of
services of
temporary
teachers, officers
and employees.
Standing
Committee for
selection of
officers and non-
teaching
employees.
Tribunal.
26 of 1996.
Disqualifications.
CHAPTER IV
General Provisions Governing All Authorities or
Other Bodies of the University
41. (1) No person shall be qualified for election or nomination as a member of any
authority or body of the University or shall continue as such member if he,—
(i) is of unsound mind, or
(ii) is an undischarged insolvent, or
(iii) has been convicted by a court of law for an offence involving moral
turpitude.
(2) In case of any doubt or dispute the Chancellor's decision whether a person is
disqualified under the provisions of sub-section (1) shall be final.
(3) No person shall be entitled to stand as a candidate for election to any authority
or body of the University from more than one constituency.
(4) No person shall be entitled to be enrolled as a voter for. or to cast his vote at. an
election to any authority or body of the University from more than one constituency:
32 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III
The Alipurduar University Act, 2018.
(Chapter IV.—General Provisions Governing All Authorities or
Other Bodies of the University.—Sections 42-45.)
Part-time teachers
or part-time non-
teaching staff not
to be entitled to
be enrolled as
voters or to be
nominated.
Term of office of
Members.
Cessation of
membership in
certain cases.
Filling of
vacancies.
Provided that this sub-section shall not apply in the case of an election of members
of the Court, the Executive Council, the Faculty Councils for Post-graduate Studies, and
the Councils for Undergraduate Studies.
42. Notwithstanding anything contained elsewhere in this Act, no person shall,—
(a) if he is a teacher, not holding any whole-time substantive teaching post, or
appointed for a specified period, or
(b) if he is a member of the non-teaching staff, not appointed on a regular scale
of pay, or not holding any whole-time substantive non-teaching post,
be entitled to be enrolled as a voter for, or to cast his vote at, an election to any authority
or body of the University or of any college or institution affiliated to the University or
to be nominated to any such authority or body.
Explanation.—"Regular scale of pay" shall mean pay which, subject to any
condition prescribed by the University, rises by periodical increment from a minimum
to a maximum.
43. (1) Save as otherwise provided in sub-section (4), an elected or nominated
member of any authority or body of the University shall hold office for a period of four
years from the date of his election or nomination, as the case may be:
Provided that in respect of the first elections and nominations under this Act, the said
period of four years shall commence from the date of the first meeting of the authority
or body held after such elections and nominations.
(2) The term of office of members other than ex officio members of any authority
or body of the University shall be held to include any period which may elapse between
the expiry of the said term and the date of election of new members to such authority or
body to fill vacancies arising by efflux of time.
(3) When elections are held on more than one date, the last of such dates shall be
taken to be the date of election for the purposes of this section.
(4) Any member elected or nominated to fill a casual vacancy shall hold office for
the unexpired portion of the term of office of the member in whose seat he is so elected
or nominated.
44. (1) When a person is qualified to be a member of any authority or body of the
University by virtue of his membership of any other authority or body, he shall cease to
be a member of the authority or body of the University when he ceases to be a member
of the other.
(2) When a person is elected or nominated as a member of any authority or body of
the University from any constituency, he shall cease to be such a member when he ceases
to belong to that constituency.
45. (1) Any casual vacancy among the elected members of any authority or body
of the University shall be filled, in such manner and within such time as may be provided,
by election by such authority or body of a person representing the interest which the
member, whose seat has become vacant, represented.
(2) Any vacancy among the nominated members of any authority or body of the
University shall be filled, within such time as may be provided. by nomination by the
person or authority that nominated the member whose seat has become vacant.
PART, HI]
THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 33
Proceeding of the
authorities or
bodies of the
University not
invalidated by
vacancies.
Election Tribunal.
Casting of vote
by the Chairman.
The University
Fund.
General limitations
on the financial
powers of the
University.
The Alipurduar University Act, 2018.
(Chapter IV—General Provisions Governing All Authorities or
Other Bodies of the University.—Sections 46-48.— Chapter V.—Funds of the
University, Accounts, Audit and Inspection.—Sections 49, 50.)
(3) Vacancies arising by efflux of time in the seats of elected members of any
authority or body of the University shall be filled by election to be held on such date or
dates, not later than six months or such extended period as the Chancellor may, by order
made in this behalf, specify, from the date on which the vacancies arise, as the Vice-
Chancellor may fix.
46. No act or proceedings of the University or of any authority or body of the
University shall be deemed to be invalid merely by reason of the existence of a vacancy
or vacancies among its members or the invalidity of the election of any of the members.
Explanation.—For the avoidance of doubt it is hereby declared that where the office
of any member of any authority or body of the University cannot be filled up, when such
authority or body is constituted for the first time, on account of any election or
appointment not being for any reason feasible, there shall be deemed to be a vacancy in
the office of such member until such election takes place or such appointment is made.
47. (1) There shall be an Election Tribunal to which shall be referred any question
as to whether any person is eligible under this Act for election or nomination or has been
duly elected or nominated, or is entitled to be, a member of any authority or body of the
University, and the decision of the Election Tribunal on such question shall be final.
(2) The constitution of the Election Tribunal shall be such as may be prescribed.
(3) If, during the progress of any election of members to any authority or body of
the University, the Election Tribunal is satisfied that such election is vitiated by fraud
or corrupt practice, the Election Tribunal may make an order annulling the proceedings
in respect of such election or any part thereof and direct fresh proceedings to be started,
in accordance with the provisions of this Act and the Statutes, the Ordinances and the
Regulations, from such stage as may be specified in the order and such order of the
Election Tribunal shall be final.
48. At a meeting of the Court, the Executive Council, the Faculty Councils for Post-
graduate Studies, the Councils for Undergraduate Studies or any other authority or body
of the University, the person presiding at the meeting shall not vote in the first instance,
but shall have and exercise a casting vote in the case of an equality of votes.
CHAPTER V
Funds of the University, Accounts, Audit and Inspection
49. The University shall have a fund to be known as the University Fund to which
shall be credited all its income from fees, fines, contributions, donations, loans and
advances and from any other source whatsoever. The University may also create, by
Ordinances made in this behalf, separate special funds for the administration of
Students' Welfare, Endowments, Donations and Gifts, Trust or specific grants or grants
for other special purposes.
50. (1) The budget of the University showing the receipt and expenditure of the
University on different accounts shall be submitted to the State Government at least three
months before the end of the financial year for approval.
(2) The State Government shall, at least one month before the end of the financial
year, communicate its approval or otherwise of the budget of the University:
Provided that the State Government shall, from time to time, release grants to the
University to incur expenditure till the budget is approved.
34 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018
[PART III
The Alipurduar University Act, 2018.
(Chapter V.—Funds of the University, Accounts, Audit
and Inspection.—Sections 51-53.)
Provident Fund.
Annual Accounts
and Audit.
Inspection.
(3) If no communication is sent to the University by the State Government within
the period as aforesaid, the budget shall be deemed to have been approved by the State
Government.
(4) Notwithstanding anything to the contrary contained in this Act, the University
shall not, except with the prior approval of the State Government, incur any expenditure
on any amount in excess of amount specified in the budget on that account:
Provided that no such prior approval shall be necessary in respect of any expenditure
on any scheme not provided in the budget, if such expenditure is met by the University
out of its own resources.
officers, or employees shall be governed by the provisions of Provident Funds Act, 1925,
51. Any provident fund instituted by the University for the benefit of its teachers,
19 of 1925.
as if such funds are Government Provident Fund and the Executive Council shall have
power to frame Ordinances, not inconsistent with the provisions of that Act, for the
administration of the fund.
52. (1) The Annual Statement of Accounts shall, after examination by the Executive
Council, be subjected to such audit as the State Government may direct.
(2) Such Annual Statement of Accounts shall, together with copies of the audit
report thereon, be submitted to the Court and to the State Government and shall
thereupon be published by the Court.
(3) The University shall have a continuous internal audit, and the report of such
audit shall be submitted to the State Government as soon as possible after the end of
every financial year.
(4) The State Government may require the University to supply to it any information
in regard to the accounts and the budget and the University shall comply with such
requisition.
53. (1) The State Government shall have the right—
(a) to cause an inspection to be made, by such person or persons as it may
direct,—
(i) of the University, its buildings, laboratories, libraries, museums,
press establishment, workshops and equipment,
(ii) of any college or institution maintained by or affiliated to the
University, and
(iii) into all affairs of the University and of such college or institution
including examination and other work conducted or done by the
University or such college or institution; and
(b) to cause an enquiry to be made into the income, expenditure, properties,
assets and liabilities of the University and of any college or institution
maintained by or affiliated to the University.
(2) The State Government shall, in every such case of inspection or enquiry, give
previous notice to the University or to such college or institution, as the case may be, of
its intention to cause such inspection or enquiry.
PART III)
THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 35
Statutes.
The Alipurduar University Act, 2018.
(Chapter VI.—Statutes, Ordinances and Regulations.—Section 54.)
(3) The State Government shall communicate to the Court and the Executive
Council or to such college or institution, as the case may be, its views on the results of
such inspection or enquiry and may, after considering the opinion of the Court and the
Executive Council or of such college or institution thereon, advise the University or such
college or institution regarding the action which the State Government considers fit to
be taken by the University or by such college or institution in the matters concerned and
the University or such college or institution shall report to the State Government, within
such time as the State Government may direct, the action which is proposed to be taken
or has been taken by the University or by such college or institution to give effect to such
advice of the State Government.
(4) The State Government may, after considering the report referred to in sub-
section (3), advise the University or such college or institution, to take such further action
in the matters concerned, as may, in the opinion of the State Government, be necessary,
and the University or such college or institution shall take or cause to be taken such
further action within such time as may be specified in that behalf by the State
Government.
CHAPTER VI
Statutes, Ordinances and Regulations
54. Subject to the provisions of this Act, Statutes may be made to provide for all or
any of the following matters:—
(a) the declaration of posts as posts of officers of the University referred to in
clause (10) of section 9;
(b) the establishment of authorities of the University referred to in clause (7)
in section 21;
(c) the powers, duties and terms and conditions of service of the officers of the
University in so far as these have not been specifically provided for in this
Act;
(d) the constitution, powers and duties of the authorities of the University in so
far as these have not been specifically provided for in this Act;
(e) the rules and procedure for holding elections to the Court, the Executive
Council and other authorities and bodies of the University;
(f) the terms and conditions of affiliation or recognition of colleges or
institutions, including terms and conditions for continuance of such
affiliation or recognition and rules for disaffiliation or withdrawal of
recognition of such colleges or institutions;
(g) the terms and conditions of recognition of colleges as professional colleges
or autonomous colleges;
(h) the constitution, powers and functions of the Governing Bodies of colleges,
other than Government Colleges;
(i) the terms and conditions of service and the minimum emoluments for posts
of Principals, Teachers and such other employees as the University may
deem fit, of all affiliated colleges, other than Government Colleges, their
duties and responsibilities and disciplinary actions for negligence or
violations thereof in conformity with the rules framed by the State
Government:
36 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III
The Alipurduar University Act, 2018.
(Chapter VI.—Statutes, Ordinances and Regulations.—Sections 55, 56)
How to make
Statutes.
Ordinances.
(j) the rules of Provident Funds for Teachers of colleges, other than Government
Colleges;
(k) the holding of convocations to confer degrees, titles, diplomas, certificates
and other academic distinctions, including honorary degrees and distinctions;
(1) the conditions for the registration of graduates of the University and for the
maintenance of a register for registered graduates;
(m) all other matters which under this Act are required to be or may be
prescribed by Statutes.
55. (1) The Executive Council may of its own motion, and shall, when required by
the Court, make a draft of any Statute and submit the same to the Court. The draft so
submitted shall be considered by the Court at a meeting or meeting to be held within a
period of six weeks from the date of such submission (hereinafter referred to as the said
period), and the draft so submitted shall, unless rejected or amended by the Court before
the expiry of the said period by a majority of the total number of its members existing
at the time, be deemed to have been passed by the Court. If the Court so rejects or amends
the draft of any Statute, it shall be sent back to the Executive Council with the views of
the Court for consideration. Thereupon, the Executive Council shall reconsider the draft
and resubmit it to the Court with such changes as it may deem necessary. On such
resubmission of the draft, it shall again be considered by the Court at a meeting to be held
within a period of six weeks from the date of such submission (hereinafter referred to
as the latter period) and the draft so resubmitted shall, unless rejected by the Court before
the expiry of the latter period by a majority of the total number of its members existing
at that time, be deemed to have been passed by the Court without any amendment, or be
passed by the Court with such amendments as it may deem fit to make therein within the
latter period and by the same majority as aforesaid.
(2) A Statute, passed in the manner provided in sub-section (1), shall be presented
to the Chancellor for assent and shall come into force on being assented to by the
Chancellor in consultation with the Minister.
(3) A Statute shall remain in force until repealed or amended by a new Statute
similarly passed and assented to by the Chancellor.
56. Subject to the provisions of this Act and the Statutes, Ordinances may be made
to provide for all or any of the following matters:—
(a) the admission of students to the University and the colleges affiliated to or
recognized by it and their enrolment as such;
(b) the levy or fees in University Colleges and in University Laboratories;
(c) the conditions of residence and rules of discipline of the students of the
University, including students of the colleges affiliated to or recognised by
it, and the levy of fees for residence in halls;
(d) the appointment of Teachers, officers and employees of the University,
their emoluments, their duties and other terms and conditions of their
service, in so far as these have not been specifically provided for in this Act
or in the Statutes:
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 37
The Alipurduar University Act, 2018.
(Chapter VI.—Statutes, Ordinances and Regulations.—Section 57.)
(e) rules for the institution of Provident Fund or other funds for the benefit of
the teachers, officers and employees of the University;
(f) rules for the establishment, maintenance and management of University
Libraries, University Museums, halls and other University institutions, for
study, research and residence;
rules for the recognition of libraries, laboratories, museums, hostels, and
institutions for study, research and residence, other than those established,
maintained and managed by the University;
(h) rules for the taking over of the management of an affiliated or a recognised
college or institution, other than a Government college or institution, in
order to ensure that proper standards of teaching, training and instruction
are maintained therein;
(i) rules for the exercise of general supervision and control over affiliated or
recognized colleges or institutions and for the giving of financial aid to
them;
(g)
How to make
Ordinances.
(j) rules for the inspection or investigation into the affairs of Colleges or other
institutions, affiliated to or recognized by the University, to ensure that
proper standards of teaching, training and research are maintained therein;
(k) rules for the imposition and collection of fees, fines and other dues payable
to the University;
(1) the duties and functions of the Teachers of the University including the
Heads of Departments;
(m) rules for the registration of students;
(n) the appointment, duties and remuneration of examiners;
(o) rules for the administration of gifts, endowments and benefactions, and for
the institution and award of fellowships, travelling fellowships, scholarships,
studentships, stipends, bursaries, exhibitions, medals and prizes;
rules and procedure for accepting grants and for raising or accepting loans
other than loans from the Central or any State Government or the University
Grants Commission;
all other matters which under this Act or the Statutes are required to be or
may be prescribed by Ordinances.
57. (1) The Executive Council shall take into consideration drafts of Ordinances
proposed to be passed, after notice thereof has been given to the members of the
Executive Council at least three weeks in advance of the date fixed for consideration of
the same by the Executive Council. The Vice-Chancellor may direct a shorter notice in
a matter which in his opinion is of an emergent nature.
(2) An Ordinance shall be deemed to be passed by the Executive Council if it is
agreed to by a majority of the total number of members of the Executive Council existing
at the time.
(p)
(q)
38 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III
The Alipurduar University Act, 2018.
(Chapter VI.—Statutes, Ordinances and Regulations.—Sections 58, 59.)
Regulations.
How to make
Regulations.
(3) An Ordinance passed by the Executive Council in the manner provided
hereinbefore in this section shall be submitted to the Chancellor for assent and shall come
into force on being assented to by the Chancellor and shall be reported to the Court at
its next succeeding meeting.
(4) The Chancellor may direct that the operation of any Ordinance shall be
suspended until such time as the Court has had an opportunity of considering the same.
(5) An Ordinance shall, unless cancelled or modified by the Chancellor, remain in
force until repealed or amended by a new Ordinance similarly passed and brought into
force.
58. Subject to the provisions of this Act and the Statutes and the Ordinances,
Regulations may be made to provide for all or any of the following matters:—
(a) the powers and functions of the Boards of Studies;
(b) the functions and duties of Teachers' Councils in Universities and in
colleges and institutions other than Government Colleges and institutions;
(c) the conditions for admission to the different courses of study and
examinations of students;
(d) the rules for the conduct of University examinations;
(e) the courses of study and the division of subjects upon the recommendations
of the Faculty Council for Post-graduate Studies or the Council for
Undergraduate Studies concerned;
(f) the minimum qualifications for Teachers of the University as per guidelines
of the University Grants Commission or any other appropriate authority;
(g) all other matters which under this Act or the Statutes or the Ordinances are
required to be or may be provided by Regulations.
59. (1) The Executive Council or a Committee appointed by it shall take into
consideration drafts of Regulations, consistent with this Act and the Statutes and the
Ordinances after notice of the proposed Regulations has been given to the members of
the Executive Council at least three weeks in advance of the date fixed for consideration
of the same by the Executive Council or the Committee appointed by it. The Vice-
Chancellor may direct a shorter notice in a matter which in his opinion is of an emergent
nature.
(2) A Regulation shall be deemed to be passed by the Executive Council if it is
agreed to at a meeting of the Executive Council by a majority of the total number of
members of the Executive Council existing at the time. A Regulation shall come into
force immediately on being passed unless otherwise directed by the Chancellor.
(3) The Court shall have the power, by a resolution passed by a majority of its total
number of members existing at the time, to cancel or modify any Regulation.
(4) A Regulation shall, unless cancelled or modified by the Court under sub-section
(3), remain in force until repealed or amended by a new Regulation similarly passed and
brought into force.
PART HI] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 39
Rules.
The Alipurduar University Act, 2018.
(Chapter VI.—Statutes, Ordinances and Regulations.—Section 60.—
Chapter VII.—Miscellaneous and Transitory Provisions.—Section 61.)
60. (1) The State Government may make rules for the purpose of carrying out any
of the provisions of this Act.
(2) Every rules made under this section shall, as soon they are made, be laid before
the State Legislature while it is in session.
Delegation.
CHAPTER VII
Miscellaneous and Transitory Provisions
61. (1) The Vice-Chancellor or, with the approval of the Vice-Chancellor, the
Registrar, may, subject to the provisions of this Act, delegate such of his powers or duties
conferred or imposed by or under this Act as may be provided by the Statutes to an officer
of the University under his direct administrative control.
(2) Subject to the provisions of this Act:—
(a) the Court may delegate any of its powers or duties, conferred or imposed
by or under this Act, to—
(i) the Vice-Chancellor, or
(ii) the Executive Council, or
(iii) a committee constituted from among its own members, or
(iv) a committee appointed in accordance with the Statutes;
(b) the Executive Council may delegate any of its powers or duties, conferred
or imposed by or under this Act, to—
(i) the Vice-Chancellor, or
(ii) a committee constituted from among its own members, or
(iii) a committee constituted in accordance with the Statutes or the
Ordinances, or
(iv) any of the Faculty Councils for Post-graduate Studies or Councils
for Undergraduate Studies, or
(v) the Finance Committee;
(c) the Faculty Council for Post-graduate Studies or the Council for
Undergraduate Studies may delegate any of its powers or duties, conferred
or imposed by or under this Act, to—
(i) the Vice-Chancellor, or
(ii) a committee constituted from among its own members, or
(iii) a committee constituted in accordance with the Regulations, or
(iv) any of the Board of Studies;
(d) the Finance committee may delegate any of its powers or duties, conferred
or imposed by or under this Act, to—
(i) the Vice-Chancellor, or
(ii) a committee constituted from among its own members.
I
40 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III
The Alipurduar University Act, 2018.
(Chapter VII.—Miscellaneous and Transitory Provisions.—Sections 62, 63.)
Completion of
courses for
sutdents in
colleges affiliated
to the former
University.
Transitory
provisions and
repeal.
62. (1) Notwithstanding anything contained in this Act, the Statues, the Ordinances
and the Regulations, any student of a college affiliated formerly to any other University,
who was studying for any examination of such other University, shall upon admission
of such college to the privileges of the University, be permitted to complete his course
in preparation thereof and appear for examinations conducted by the former University
or the University shall hold, for such students, examinations in accordance with the
curricula of study in force in the former University for such period as may be determined
(2) Every student carrying out his course of study in the Alipurduar College
affiliated to the North Bengal University, on the date of coming into force of this Act,
shall continue to be registered under the North Bengal University and shall be permitted
to complete his course in preparation thereof and appear for examinations conducted by
the North Bengal University or the University shall hold, for such students, examinations
in accordance with the curricula of study in force in the North Bengal University for such
period as may be determined by the University in consultation with the North Bengal
University.
63. (1) The Chancellor shall appoint a person to be the Vice-Chancellor under
sub-section (4) of section 65, and he shall be the first Vice-Chancellor of the University
and shall hold office for such period as may be determined by the Chancellor in
consultation with the Minister, from time to time, or his attaining of sixty-five years,
whichever is earlier. The first Vice-Chancellor shall exercise all the powers and perform
all the duties of the Vice-Chancellor under this Act.
(2) The first Vice-Chancellor shall, with the approval of the Chancellor and with the
assistance of a committee consisting of not less than nine members nominated by the
State Government, cause the first Statutes, the first Ordinances and the first Regulations
of the University to be framed.
(3) The first Vice-Chancellor shall within one year from the date of his appointment
or within such longer period, not exceeding two years from the date of his appointment,
as the State Government may direct, cause arrangements to be made for constituting the
Court, the Executive Council, the Faculty Council for Post-graduate Studies, the
Councils for Undergraduate Studies and the Boards of Studies in accordance with the
provisions of the first Statutes, the first Ordinances and the first Regulations of the
University as framed under sub-section (2), as if they had already come into force.
(4) If, for any reason,—
(a) the constitution of the Court, the Executive Council and other bodies
referred to in sub-section (3) cannot be completed within the period of
office of the first Vice-Chancellor appointed under sub-section (1), then on
the expiry of such period, the Chancellor may in consultation with the
Minister, on such terms and conditions as he thinks fit, appoint the first
Vice-Chancellor whose period of office has expired or another person to
be the Vice-Chancellor for the purpose of this section for such period not
exceeding two years or his attaining of sixty-five years, whichever is
earlier, as the Chancellor thinks fit, or
(b) a vacancy occurs in the office of the first Vice-Chancellor before the expiry
of the period of his office, then, the Chancellor may, in consultation with
the Minister, on such terms and conditions as he thinks fit, appoint another
person to be the Vice-Chancellor for the purposes of this section for the
unexpired portion of such period or such further period not exceeding three
PART III]
THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 41
The Alipurduar University Act, 2018.
(Chapter VII.—Miscellaneous and Transitory Provisions.—Section 63.)
years or his attaining of sixty-five years, whichever is earlier, as the
Chancellor thinks fit, and references in this Act to the first Vice-Chancellor
shall be deemed to include references to the Vice-Chancellor appointed
under this sub-section.
(5) The State Government shall, by notification in the Official Gazette, appoint a
date and on and from such date the Court, the Executive Council, the Faculty Councils
for Post-graduate Studies, the Councils for Undergraduate Studies and the Boards of
Studies shall commence to exercise their respective functions and the first Statutes, the
first Ordinances and the first Regulations of the University as framed under sub-section
(2) shall come into force and shall be the first Statutes, the first Ordinances and the first
Regulations of the University.
(6) The first Statutes, the first Ordinances and the first Regulations of the University
shall remain in force until new Statutes, new Ordinances and new Regulations are made
under the provisions of this Act.
(7) The first Vice-Chancellor may subject to the approval of the Chancellor, appoint
such administrative, clerical and other staff as he deems necessary for giving effect to
the provisions of this section.
On and from the appointed day:—
(a) section 65 shall stand repealed and thereupon the Alipurduar University
Council referred in sub-section (1) of the said section, and all bodies and
all committees constituted by the said Council, shall stand dissolved;
(b) all colleges and institutions of whatever kind established, maintained or
managed by any other University and affiliated to or recognised by the
University prior to the appointed day shall be deemed to be colleges or
institutions established, maintained or managed by the University under
this Act;
(c) all affairs, functions or activities of the University, including studies and
examinations, commenced and in progress before the appointed day, shall
be deemed to be in progress as if they had been commenced by the
University under this Act;
(d) all things done or deemed to have been done, and all actions taken or
deemed to have been taken and all appointments made in relation to any
college or institution referred to in clause (b) or under any law in force for
the time being, shall be deemed to be things done or actions taken or
appointments made by the University under this Act as if this Act had been
in force when such things were done or actions taken or such appointments
made, provided that until the appointed day references to the Vice-
Chancellor under any such law shall be deemed to be references to the first
Vice-Chancellor under this Act.
(9) In construing the provisions of this Act and in construing the provisions of the
first Statutes, the first Ordinances and the Regulations of the University in relation to the
constitution, under this section, of the Court, the Executive Council, the Faculty
Councils for Post-graduate Studies, the Councils for Undergraduate Studies and the
Boards of Studies, references to the Heads of departments of teaching of the University,
the University Professors. University Associate Professors, University Assistant
Professors, and teachers of the University shall be deemed to be references to the persons
(8)
1.4
42 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III
The Alipurduar University Act, 2018.
(Chapter VII.—Miscellaneous and Transitory Provisions.—Section 64.)
holding offices respectively as the Heads of teaching Departments, Professors, Associate
Professors, Assistant Professors and teachers of the University, if any, immediately
before the date of appointment of the first Vice-Chancellor.
(10) The provisions of this section shall have effect notwithstanding anything to the
contrary contained elsewhere in this Act or in any other law.
Employees of the
Alipurduar
College.
64. (1) All Principal, teachers and librarians of the Alipurduar College who have
been appointed in a permanent substantive vacancy shall be deemed to have been
absorbed in the University with their respective posts along with their respective
privileges, with effect from the date of commencement of this Act, provided such
Principal or teacher or librarian possess required qualifications for appointment as a
teacher of the University or a Librarian of the University as prescribed by the extant
University Grants Commission's Regulations followed by the rules prescribed by the
State Government.
(2) The Principal or teachers or the librarians, who do not possess required
qualification for appointment as a University teacher or as a University Librarian and are
not absorbed in the University in terms of the provisions of sub-section (1), such
Principal or teacher or librarian shall be accommodated in other Government-aided
colleges on transfer as per provisions of the West Bengal Universities and Colleges
(Administration and Regulation) Act, 2017 and the rules made thereunder, without
suffering any diminution in their service conditions enjoyed by them immediately
preceding the date of commencement of this Act:
Provided that the Principal, teachers and librarian of erstwhile Alipurduar College,
who have been possessing required qualification for being absorbed in the University
as prescribed under sub-section (1), shall be given an opportunity to exercise option for
not being absorbed in the University and in such cases, if such Principal or teacher or
librarian, as the case may be, exercises such option, his service shall be placed in another
Government-aided College on transfer under this sub-section:
Provided further that such option shall have to be exercised within six months from
the date of assuming the charge of the office of the First Vice-Chancellor of the
University.
(3) The approved part-time teachers, the approved whole-time contractual teachers,
the non-teaching employees of the Alipurduar College shall, along with the privileges
enjoyed by them immediately preceding the date of coming into effect of this Act, be
absorbed in the University in the same capacity with the same scale of pay, with effect
from the date of coming into force of this Act:
Provided that the non-teaching employees of the erstwhile Alipurduar College may
be given an opportunity to exercise option for not being absorbed in the University, and
in such cases, if such employee exercises option, his service shall be placed in another
Government-aided college on transfer as per provisions of the West Bengal Universities
and Colleges (Administration and Regulation) Act, 2017 and the rules made thereunder,
without suffering any diminution in their service conditions enjoyed by them immediately
preceding the date of commencement of this Act:
Provided further that such option shall have to be exercised within six months from
the date of assuming the charge of the office of the First Vice-Chancellor of the
University.
West Ben. Act
VII of 2017.
PART H11
THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 43
The Alipurduar University Act, 2018.
(Chapter VII.—Miscellaneous and Transitory Provisions.—Section 65.)
Alipurduar
University
Council.
(4) Notwithstanding anything contained in sub-section (6), the Director of Public
Instructions, West Bengal shall be the pension or Gratuity sanctioning authority for all
employees including approved part-time teachers and approved contractual whole-time
teachers in terms of the service rules applicable to them, if any, who will be absorbed
in the University under this section.
(5) With effect from the date of coming into force of this Act, the Alipurduar College
shall be deemed to have been dissolved and all bodies and authorities of the Alipurduar
College, by whatever name they are called, which are in existence immediately
preceding the date of coming into effect of this Act, shall also stand dissolved with effect
from the date of coming into force of this Act and any decision taken or any order made
by such authority shall cease to effect from such date.
(6) All posts of teachers, librarians, non-teaching staff, approved part-time and
approved whole-time contractual teachers of the erstwhile Alipurduar College so
absorbed under this section shall be the post of the University and shall with effect from
the date of coming into force of this Act, be deemed to have been created supernumerary.
(7) Any reference to the Alipurduar College in any law, contract or other instrument
shall be deemed as a reference to the Alipurduar University.
65. (1) With effect from such date as the State Government may, by notification in
the Official Gazette, appoint, and until the appointed day all the powers and functions
of the University, the Court, the Executive Council, the Faculty Councils for Post-
graduate Studies, the Councils for Undergraduate Studies, the Boards of Studies, the
Finance Committee and all other authorities to be constituted under this Act or the
Statutes or the Ordinances shall, respectively, be exercised and performed by a Council
to be known as the Alipurduar University Council.
(2) The following shall be the members of the Council:—
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the Secretary, Higher Education, Science and Technology and
Biotechnology Department, Government of West Bengal or his nominee
not below the rank of Joint Secretary to the Government of West Bengal;
(d) the Secretary, Finance Department, Government of West Bengal or his
nominee not below the rank of Joint Secretary to the Government of West
Bengal;
(e) Member Secretary, West Bengal State Council of Higher Education;
(f) the President, West Bengal Council of Higher Secondary Education;
(g) not less than ten and not more than fifteen persons nominated by the
Chancellor in consultation with the Minister from amongst the persons
interested in university education, Principals and teachers of affiliated
colleges and teachers of the University.
(3) The Registrar of the University shall act as the Secretary of the Council.
(4) The first Vice-Chancellor shall be appointed by the Chancellor in consultation
with the Minister on the basis of recommendation made by a Search Committee
comprising three eminent educationists constituted for this purpose by the State
Government.
umi
44 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 [PART III •
The Alipurduar University Act, 2018.
(Chapter VII—Miscellaneous and Transitory Provisions.—Section 65.)
(5) The first Registrar, the first Finance Officer and such other officers of the
University (including technical personnel) as may be required to be appointed from time
to time shall be appointed by the Council on the recommendation of a committee
consisting of the Vice-Chancellor as Chairman, a nominee of the Council, a nominee of
the Chancellor and a nominee of the State Government, and subject to the supervision,
direction and general control of the Vice-Chancellor, they shall exercise all the powers
and perform all the duties conferred and imposed on them by or under this Act, or
delegated to them by the Vice-Chancellor.
(6) The Council may, subject to the approval of the State Government, appoint such
administrative, clerical and other staff (including technical staff) as it deems necessary
for giving effect to the provisions of this section.
(7) The Council may, with the approval of the Chancellor, delegate any of its powers
and functions to such body or bodies as may be constituted by it to carry on the functions
of the Court, the Executive Council, the Faculty Councils for Post-graduate Studies, the
Councils for Undergraduate Studies, the Boards of Studies, the Finance Committee and
all other authorities to be constituted under this Act or the Statutes or the Ordinances:
Provided that such delegation shall not prevent the exercise of any such power or
discharge of any such functions by the Council.
(8) (i) The Chancellor, or in his absence the Vice-Chancellor, shall preside at the
meetings of the Council;
(ii) twenty-five percent of the members of the Council shall be a quorum for a
meeting of the Council;
(iii) twenty-five percent of the members of any Body or authority constituted by the
Council shall be a quorum for a meeting of such body.
(9) No act or proceeding of the Council or of any Body or authority constituted by
it shall be invalid or called in question by reason of the existence of any vacancy, initial
or subsequent, in the Council or in any body constituted by the Council, as the case may
be.
(10) The other provisions of this Act shall, if in conflict with the provisions of this
section, stand modified to the extent provided in this section:
Provided that nothing in this sub-section shall affect the power of the Chancellor or
the Vice-Chancellor under this Act.
(11) If a vacancy occurs in the office of the Vice-Chancellor by reason of death,
resignation or expiry of his office or otherwise, the same shall be filled up by the
Chancellor in consultation with the Minister.
(12) Any vacancy in the Council occurring by reason of death, resignation or
otherwise shall be filled up by the Chancellor in consultation with the Minister and the
Vice-Chancellor, in so far as such filling up is not inconsistent with the provisions of this
section.
(13) If, by any reason, any difficulty arises in giving effect to the provisions of this
section, the Council shall refer such difficulty to the State Government which may make
such order or do such thing, not inconsistent with the provisions of this section, as
appears to it to be necessary or expedient for removing the difficulty.
PART., Hi]
THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 1, 2018 45
The Alipurduar University Act, 2018.
(Chapter VII.—Miscellaneous and Transitory Provisions.—Sections 66, 67.)
Powers to give
directions.
Removal of
difficulties.
66. The State Government shall have powers to give directions to the University for
any purpose not inconsistent to the provisions of this Act, which the University shall
comply.
67. If on account of any lacuna or omission in the provisions of this Act, or for any
other reason whatsoever, any difficulty arises as to the first constitutions of any authority
or the University under this Act, or otherwise in giving effect to the provision of this Act,
the State Government, as occasion may require, may by order do anything which appears
to it to be necessary for the purpose of removing the difficulty notwithstanding anything
to the contrary contained elsewhere in this Act or in any other law for the time being in
force.
By order of the Governor,
SANDIP KUMAR RAY CHAUDHURI,
Secy. to the Govt. of West Bengal,
Law Department.
Published by Law Department, Government of West Bengal and
Printed at Saraswaty Press Ltd.(Government of West Bengal Enterprise), Kolkata 700 056.
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About this act
- Jurisdiction
- West Bengal
- Enactment date
- 2018-10-01
- Sections available
- Document reader
India Code, Government of India. Text fetched 10 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.