The Burdwan University ( Temporary Supersession ) Act, 1978

GOVERNMENT OF WEST BENGAL 

LEGISLATIVE DEPARTMENT 

West Bengal Act VI of 1978 
THE BURDWAN UNIVERSITY (TEMPORARY 

SUPERSESSION) ACT, 1978. 

[Passed by the West Bengal Legislature.] 

[Assent of the Governor was first published in the Calcutta 

Gazette, Extraordinary, of the 27th March, 1978.] 

[ 27th March, 1978.] 

An Act to provide for the supersession of the University of 
Burdwan for a temporary period and for carrying on the 
administration of the said University during the period of 
supersession. 

WHEREAS it is necessary to provide for the supersession of the 
University of Burdwan for a temporary period to facilitate 
reorganisation for more efficient functioning, and for carrying on 
the administration during the period of supersession; 

It is hereby enacted in the Twenty-ninth Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 

1. (1) This Act may be called the Burdwan University 
(Temporary Supersession) Act, 1978. 

(2) It shall be deemed to have come into force on the 12th 
day of January, 1978. 

In this Act, unless the context otherwise requires,—

"the Act" means the Burdwan University Act, 1959; 

"the Council" means the Burdwan University Council 
referred to in clause (b) of section 4 of this Act; 

(c) "Minister" means the Minister-in-charge of Higher 
Education in the Department of Education of the 
Government of West Bengal; 

(d) "the University" means the University of Burdwan as 
defined in clause (j) of section 2 of the Act. 

(2) All other words and expressions used in this Act shall 
have the same meanings as assigned to them in the Burdwan 
University Act, 1959. 

2. (1) 

West Ben. Act 	(a) 
XXIX of 
1959. 	 (b) 

Short title and 
commence-
ment. 

Definitions. 

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The Burdwan University (Temporary Supersession) 

Act, 1978. 
[West Ben. Act 

(Sections 3,4.) 

Supersession 
of the 
University. 

Consequences 
of superses-
sion. 

3. (1) Whereas it is necessary to take action in providing for 
the supersession of the University of Burdwan, it is hereby declared 
that the University shall, with effect from the date of coming into 
force of this Act and for a period of one year thereafter, stand 
superseded. 

(2) The State Government may, by notification in the Official 

Gazette, extend the period referred to in sub-section (1) from time 

to time but not exceeding a period of six months at a time, and the 
total period of supersession shall not exceed two years in all. 

4. With effect from the date of coming into force of this Act,— 

(a) all the members of the University except the Chancellor, 

the Vice-Chancellor and those referred to in clauses (iii), 

(iv) and (xvi) of sub-section (1) of section 8 of the Act, 

and the members of the Executive Council, the Academic 

Council, Faculties, Boards, Councils and other authority 

or authorities constituted under sub-section (1) of section 

7 of the Act or any Statutes, Ordinances, Regulations or 
Rules made thereunder shall vacate their respective 

offices; 

(b) all the powers and duties which may, under the provisions 

of the Act, or any Statutes, Ordinances, Regulations or 
Rules made thereunder, be exercised and performed by 
the University, the Executive Council, the Academic 

Council and all Committees, Boards or other bodies 
shall be exercised by the Council to be known as the 
Burdwan University Council in the manner provided; 

(c) the Council shall consist of the Chancellor, the Vice-

Chancellor, members referred to in clauses (iii), (iv) and 

(xvi) of sub-section (1) of section 8 of the Act, the 
President, West Bengal Council of Higher Secondary 
Education and not more than fifteen, but not less than 
seven persons from amongst the teachers of the 
University, and Principals and teachers of constituent 
and affiliated colleges nominated by the Chancellor in 
consultation with the Vice-Cahncellor and the Minister: 

20 



The Burdwan University (Temporary Supersession) 
Act, 1978. 

VI of 1978.] 
(Section 4.) 

Provided that the Registrar shall act as the Secretary 

to the Council; 

(d) the Council so constituted shall carry on the functions 
of the University, the Executive Council, the Academic 
Council, Faculties, Boards and other body or bodies 
constituted under the Act or any Statutes, Ordinances, 

Regulations or Rules made thereunder: 

Provided that the Council may, with the approval 

of the Chancellor, delegate any of its powers to such 
body or bodies as may be constituted to carry on the 

functions of the Executive Council, the Academic 

Council and other body or bodies which may have 
been constituted under the Act or any Statutes, 

Ordinances, Regulations or Rules made thereunder: 

Provided further that any vacancy in the Council 

or body or bodies, if any, constituted by the Council, 

due to omission to nominate members, death, 

resignation or otherwise shall not invalidate the 
proceedings of the Council or the body or bodies 

constituted: 

Provided also that the delegation shall not prevent 

the exercise of any such powers or performance of any 

such duties by the Council; 

(e) twenty-five per cent. of the members of the Council 
shall form the quorum for a meeting of the Council 
and twenty-five per cent. of the members of the 
particular body to which functions may be delegated 
under clause (d) shall form the quorum for a meeting 
of that body: 

Provided that the Chancellor, or in his absence, 
the Vice-Chancellor shall preside at meetings of the 
Council; 

(f) all the provisions in the Act, Statutes, Ordinances, 
Regulations or Rules made thereunder shall, if in 
conflict with the provisions of this Act, stand modified: 

21 



The Burdwan University (Temporary Supersession) 
Act, 1978. 

[West Ben. Act VI of 1978.] 

(Sections 5-8.) 

Filling up of 
vacancies. 

Power to 
remove 
difficulties. 

Provided that nothing in this clause shall affect the 
powers of the Chancellor under the Act, Statutes, 
Ordinances, Regulations or Rules made thereunder. 

5. Vacancies in the Council by resignation, death or otherwise 
during the period of supersession shall be filled up by the Chancellor 
in consultation with the Vice-Chancellor and the Minister, in so far 
as it is not inconsistent with this Act. 

6. If in view of the provisions of the Burdwan University Act, 
1959, any difficulty arises in giving effect to the provisions of this 
Act, the Council shall refer the difficulty to the State Government 
which may make such order or do such thing not inconsistent with 
the provisions of this Act, as appears to it to be necessary or 
expedient for removing that difficulty. 

West Ben. Act 
XXIX of 1959. 

TheUniversity 	7. Nothing in this Act shall be construed as effecting or 
to continue as 	implying in any way the dissolution of the University as a body 
a body 
corporate. 	corporate as described in section 3 of the Act. 

Repeal and 	8. (1) The Burdwan University (Temporary Supersession) 	West Ben. 
savings. 	Ordinance, 1978, is hereby repealed. 	 Ord. III of 

1978. 

(2) Anything done or any action taken under the said 
Ordinance shall be deemed to have been validly done or taken 
under this Act. 

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