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Walken
miti;
Extraordinary
Published by Authority
Registered No. WB/SC-247
No. WB(Part-III)/2015/SAR-5
Gapttt
MAGHA 1]
WEDNESDAY, JANUARY 21, 2015 [SAKA 1936
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative
NOTIFICATION
No. 82-L.-21st January, 2015.—The following Act of the West Bengal Legislature, having been assented to by
the Governor, is hereby published for general information:—
West Bengal Act XXIII of 2014
THE NEOTIA UNIVERSITY ACT, 2014.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette,
Extraordinary, of the 21st January, 2015.]
An Act to provide for the establishment and incorporation of the Neotia University
at Diamond Harbour, in the district of South 24-Parganas, West Bengal and to confer
the status of a Private University thereon and for matters connected therewith and
incidental thereto;
WHEREAS it is expedient to provide for the establishment and incorporation of
the Neotia University at Diamond Harbour, in the district of South 24-Parganas, West
Bengal promoted by the Educational Development Trust, an educational and charitable
trust duly created and registered under the Indian Trust Act, 1882 and to confer the II of 1882.
status of a Private University thereon and for matters connected therewith and incidental
thereto.
2 THE KOLKATA GAZE11E, EXTRAORDINARY, JANUARY 21, 2015 [PART III
The Neotia University Act, 2014.
Short title,
extent and
commencement.
Definitions.
(Sections 1, 2.)
It is hereby enacted in the Sixty-fifth Year of the Republic of India, by the
Legislature of West Bengal, as follows:-
1. (1) This Act may be called the Neotia University Act, 2014.
(2) It shall extend to the whole of the State of West Bengal.
(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
(1) "Academic Council" means the Academic Council of the University;
(2) "Administrator" means the Administrator appointed under
this Act by the State Government;
(3) "Chairman" means the Chairman of the Governing Board;
(4) "Chancellor" means the Chancellor of the University;
(5) "distance education" means education imparted by a combination of
any two or more means of communication like contact programmes,
correspondence courses, online courses, broadcasting, telecasting,
seminars and any other such methodology;
Note.— Through distance education a student is expected to study a
course or a part of it without being present physically;
(6) "employee" means a person appointed by the University to work in the
University or its study centers, off-campus centers, off-shore campus and
includes a teacher, officer and any other employee of the University other
than the Visitor;
(7) "fee" means collection of money made by the University from the students
for the purpose of any course of study and incidental thereto, in the
University;
(8) "Finance Committee" means the Finance Committee of the University;
(9) "Governing Board" means the Governing Board of the University;
(10) "Governor" means the Governor of the State of West Bengal;
(11) "Off-campus centre" means a centre of the University established by it
outside the main campus, operated and maintained as its constituent unit,
having the University's complement of facilities and employees;
(12) "Off-shore campus" means a campus of the University established by it
outside India, operated and maintained as its constituent unit, having the
University's complement of facilities and employees;
(13) "prescribed" means prescribed by rules made under this Act;
(14) "Registered office" means the registered office of the University;
(15) "Regulatory Body" means—
(a) a body established by the Central Government for laying down
norms and conditions for ensuring academic standards of higher
education in its designated areas of coverage, including University
Grants Commission, All India Council for Technical Education,
Council for Scientific and Industrial Research, Department of
Science and Technology, Distance Education Council, Indian
Council of Scientific Research, National Assessment and
Accreditation Council, National Council for Teacher Education,
PART MI] THE KOLKATA GAZE LIE, EX IRAORDINARY, JANUARY 21, 2015 3
The Neotia University Act, 2014.
Establishment and
incorporation of
the University.
(Section 3.)
Pharmacy Council for India, Bar Council of India, Medical Council
of India, Dental Council of India, Indian Nursing Council, Central
Council of Homoeopathy, Central Council of Indian Medicine,
Council of Architecture, Rehabilitation Council of India and
such other statutory body as may be established or incorporated by
the Central Government for the purpose of regulating higher
education; and
(b) the State Government of West Bengal in the Higher Education
Department;
(16) "Regulatory Committee" shall mean the committee constituted by the
State Government for the purpose of this Act;
(17) "Sponsoring trust" in relation to the University means the
Educational Development Trust, an educational and charitable trust duly
constituted and registered under the Indian Trust Act, 1882;
(18) "State Government" means the Government of West Bengal in the
Higher Education Department;
(19) "Statutes, Regulations and Ordinances" shall mean respectively the
Statutes, the Regulations and the Ordinances of the University as may be
framed by the University in the manner provided under this Act with
prior approval of the State Government;
(20) "Student" means a person enrolled in the University for taking a course
of study leading to a degree, diploma, certificate or other academic
distinction duly instituted by the University including a research degree;
(21) "Study Centres" means a centre established and maintained or recognized
by the University for the purpose of advising, counselling or for rendering
any other assistance required by the student in the context of distance
education;
(22) "Teacher" means a Professor, Associate Professor, Assistant Professor,
or any other person required to impart education or to guide research or
to render guidance in any other form to the students for pursuing a course
of study in the University for the purpose of this Act;
(23) "University" means the Neotia University established and incorporated
under section 3 of this Act;
(24) "University Grants Commission" means the University Grants
Commission, established under the University Grants Commission
Act, 1956.
3. (1) There shall be established and incorporated a University by the name of
the Neotia University at Diamond Hurbour, South 24-Parganas within the territory
of West Bengal duly sponsored and financed by the Educational Development Trust,
an educational and charitable trust, more specifically described under Schedule-A of
this Act.
(2) The University shall be a body corporate by the name of the Neotia University
having perpetual succession and common seal and shall, by the said name, sue and
be sued.
(3) The University shall be a self-financed unitary University.
(4) In all suits and other legal proceedings by or against the University, the
pleadings shall be signed and verified by the Registrar or any other official as may be
duly authorised by the Chancellor and all processes in such suits and proceedings
shall be issued to, and served on, the Registrar or on such other official as may be
authorised by the Chancellor.
II of 1882.
III of 1956.
4
THE KOLKATA GAZEI1E, EXTRAORDINARY, JANUARY 21, 2015 [PART III
The Neotia University Act, 2014.
(Sections 4, 5.)
(5) The headquarters of the University shall be at the University campus at Diamond
Hurbour, South 24-Parganas, West Bengal.
(6) The University may have departments or schools or centres anywhere in the
State of West Bengal as may be decided by the Governing Board with prior approval
of the State Government and the relevant Regulatory Bodies.
(7) All existing institutes held by the sponsoring trust may be integrated
within the University after being subsumed by the University in due course as may be
decided by the Governing Board and with prior approval of the State Government
in writing:
Provided that every such institute so subsumed within the University shall, under
no circumstances, be permitted to be used or operated as the University study centre,
University Campus, off-campus, off-shore campus or in any like manner within such
period as may be determined by the Regulatory Body from time to time:
Provided further that the procedure of subsumption shall be such as may be notified
by the State Government.
Properties of the
University and its
application.
Restrictions and
obligations of the
University.
4. (1) The Sponsoring trust shall transfer movable and immovable properties
described under Schedule-B to the University and all such properties shall be deemed
to be so transferred and vested absolutely to the University with effect from the date
of coming into force of this Act.
(2) The properties, movable or immovable, as transferred by the Sponsoring trust
to the University shall be used and administered by the Governing Board in such
manner as may be provided for by the Regulations.
(3.) The properties transferred in the name of the University under sub-section
(1) shall be applied for meeting the liabilities of the University in the event of dissolution
or winding up of the University in such manner as may be prescribed by rules.
5. ( 1) The tution fees for professional courses such as Engineering and Technology,
Management etc., in the University shall be such as may be determined by the State
Government from time to time.
(2) The University shall allow free-ship in tuition fees to at least five percent of
their total strength, to the students belonging to poor and economically backward
classes.
Note.—The relevant criteria for determining poor and economically backward class
shall be such as may be determined by the State Government from time to time.
(3) The University shall compulsorily make provision for reservation of seats for
the students domiciled in the State of West Bengal to the extent of at least twenty-five
percent of the total number of students in the University.
(4) The University shall make provisions for reservation of non- teaching posts in
the University for the persons domiciled in the State of West Bengal to the extent of at
least fifty percent of the total number of non-teaching employees of the University.
(5) The University shall appoint adequate number of teachers and officers in the
University for maintaining the academic standards specified and shall ensure that the
qualifications of such teachers or officers of the University shall not be lower than as
prescribed by the relevant Regulatory Bodies.
(6) The University shall compulsorily place in the public domain every information
in relation to the University which would be of interest to the students and other stake
holders, interalia, including the courses offered, number of seats under different quotas,
fees and other charges, facilities and amenities offered, faculty in place and such other
relevant information.
PART Hi]
THE KOLKATA GAZE 11'E, EX IRAORDINARY, JANUARY 21, 2015
5
The Neotia University Act, 2014.
(Sections 6-8.)
Objects of the
University.
6. The objects of the University shall be as follows, namely:—
(i) to provide instruction, teaching, training and research in various branches
and specialized fields of study of Science, Technology, Medicine,
Management, Law, Humanities, Social Sciences, Education, Performing
Arts, Sports and any other fields of study including the imparting of skills
that have employment potentiality;
(ii) to establish the main campus at Diamond Hurbour, South 24-Parganas,
West Bengal, and to have study centers, campuses, Off-campus centres,
Off-shore campuses and regional centres at different places in India and
abroad as per the norms and regulations of the University Grants
Commission and other relevant Regulatory Bodies;
(iii) to provide regular and distance education programmes;
(iv) to institute degrees, diplomas, certificates and other academic distinctions
on the basis of examination, or any other method of evaluation;
(v) to collaborate with other colleges or Universities, research institutions,
industry associations, professional associations or any other organization,
in India and abroad, and to conceptualize, design and develop specific
educational and research programmes, training programmes and exchange
programmes for students, faculty members and others;
to disseminate knowledge through seminars, conferences, executive
education programmes, community development programmes,
publications and training programmes;
to undertake programmes for the training and development of faculty
members and teachers of the University and other institutions in India
and abroad;
to undertake collaborative research with any organization in India and
abroad;
to create higher levels of intellectual abilities;
to create entrepreneurs by providing necessary skills and support;
to provide consultancy to industry, Government, public and private
organization;
to create an Industry Academia partnership by inviting industry and
institutions in the University campus and other university places for mutual
benefits;
to ensure that the standard of degrees, diplomas, certificates and other
academic distinctions are not lower than those laid down by the Regulatory
Bodies in India;
to do all things necessary or expedient to promote the objectives of this
Act;
to pursue any other objective as may be assigned to the University by the
State Government.
7. No person shall be discriminated against or be excluded from any office of the
University or from membership of any of its authorities or from admission to any
course of study leading to a degree, diploma or other academic distinction on the
grounds of sex, race, creed, caste, class, place of birth and religious belief or political
or other opinion.
8. Subject to the provisions of this Act and the policy of the State Government in
this regard, the University shall exercise the following powers and functions, namely:—
(i) to administer and manage the University, its departments, schools, centres
for research, education and instruction as are necessary for the furtherance
of the objects of the University;
University shall
remain open to all
irrespective of
sex, religion,
class, colour,
creed or opinion.
Powers and
functions of the
University.
6
THE KOLKATA GAZE I 1E, EXTRAORDINARY, JANUARY 21, 2015 [PART III
The Neotia University Act, 2014.
(Section 8.)
(ii) to provide for instruction, education, training and research in such branches
of knowledge or learning of its programmes of study and allied areas;
(iii) to conduct innovative experiments in new methods and technologies in
the core and emerging fields of education to achieve high standards of
such education, training and research;
(iv) to provide courses and curricula and to provide for flexibility in the
education system and delivery methodologies, including electronic and
distance learning;
(v) to hold examinations through physical or electronic mode and to confer
degrees, diplomas or to grant certificates and other academic distinctions
or to award titles on persons, subject to such conditions, as the University
may determine, and to withdraw or cancel any such degrees, diplomas,
certificates, or other academic distinctions or titles in the manner provided
for by the Regulations;
(vi) to confer ordinary and honorary degrees or other distinctions in the manner
provided for by the Statutes;
(vii) to establish such centres, specialized study centres or other units within
the campus and departments for research and instruction as are in the
opinion of the University necessary for the furtherance of its objects;
(viii) to provide printing, reproduction and publication of research and other
works and to organize exhibitions;
(ix) to sponsor and undertake research in all aspects of information and
communication technology and allied areas;
(x) to collaborate or associate with, advise, administer, control, develop,
maintain, or take over by way of merger or otherwise, any educational
institution having similar objects;
(xi) to develop and maintain linkages with educational or other institutions in
any part of the world through exchange of teachers and scholars in such
manner as may be conducive to their common objects;
(xii) to develop and maintain relations with teachers, researchers and domain
experts in information and communication technology and allied areas in
any part of the world for achieving the objects of the University;
(xiii) to regulate expenditure and to manage the finances and to maintain
accounts of the University;
(xiv) to receive funds from industry, institutions, national and international
organizations, national or international financial institutions including
nationalized banks or from any other source, or to receive loans, subsidies,
grants, assistance, donations, benefactions, bequests and to transfer of
movable and immovable properties, for the purposes and objects of the
University in such manner as may be provided for by the Regulations;
(xv) to establish, maintain and manage halls and hostels for the use and
residence of the students;
(xvi) to supervise and control the residence and regulate the discipline of the
students of the University and to make arrangements for promoting their
health, general welfare and cultural activities;
(xvii) to fix, demand, receive and recover fees and such other charges as may
be provided for by the Regulations;
(xviii) to institute and award fellowships, scholarships, prizes, medals and other
awards;
(xix) to purchase or to take on lease or accept as gifts or otherwise any land, or
building or works or any other movable or immovable property which
PART III] THE KOLKATA GAZE I lb, EXTRAORDINARY, JANUARY 21, 2015 7
The Neotia University Act, 2014.
(Sections 9, 10.)
may be necessary or expedient for the purpose of the University and for
its expansion and on such terms and conditions as it may deem fit and
proper and to construct or alter and maintain any such building or works;
(xx) to lease, exchange, or otherwise dispose of all or any of the properties of
the University, movable or immovable, on such terms as it may think fit
and consistent with the interest, activities and objects of the University in
such manner as may be provided for by the Regulations;
(xxi) to draw and accept, to make and endorse, to discount and negotiate all
promissory notes, bills, exchange, cheques or other negotiable instruments;
(xxii) to raise and borrow money on bond, mortgages, promissory notes or other
obligations or securities founded or based upon all or any of the properties
and assets of the University or without any securities and upon such terms
and conditions as it may think fit and to pay out of the funds of the
University, all expenses incidental to the raising of money, and to repay
and redeem any money borrowed;
(xxiii) to invest the funds of the University in such securities and transpose any
investment from time to time in such manner as it may deem fit in the
interest of the University;
(xxiv) to execute conveyances regarding transfers, mortgages, leases, licences,
agreements and other conveyances in respect of property, movable or
immovable including Government securities belonging to the University
or to be acquired for the purpose of the University within the guidelines
of the Central Government and the State Government and the Reserve
Bank of India;
(xxv) to admit students into the courses offered by the University in the manner
as may be provided for by the Regulations;
(xxvi) to create academic, technical, administrative, ministerial and other posts
and to make appointment thereto;
(xxvii) to regulate and enforce discipline among the employees of the University
and to provide for such disciplinary measures as may be provided for by
the Regulations;
(xxviii) to institute Professorship, Associate Professorship, Assistant Professorship
and any other teaching, academic or research posts and to prescribe
qualifications for them not repugnant to the requirement of the Regulatory
Bodies;
(xxix) to appoint persons as Professors, Associate Professors, Assistant
Professors as teachers and researchers of the University;
(xxx) to do all such other acts and things as the University may consider
necessary, conducive or incidental to the attainment of all or any of the
objects of the University.
Teaching in the
University.
9. (1) All recognized teaching in connection with any degrees, diplomas,
certificates, awards, distinctions of the University shall be conducted by the teachers
of the University under the general control of the Governing Board and the Academic
Council.
(2) The courses of study, the curricula and the authorities responsible for such
teaching shall be such as may be provided for by the Regulations.
10. (1) The Governor of West Bengal shall, by virtue of his office, be the Visitor of
the University.
(2) The Visitor shall, when present, preside at the convocation of the University
for the purpose of conferring degrees, diplomas, awards, certificates of other academic
distinctions in the University.
The Visitor.
8
THE KOLKATA GAZE I-1E, EX I RAORDINARY, JANUARY 21, 2015 [PART III
The Neotia University Act, 2014.
(Sections 11-13.)
(3) The Visitor shall have the power to call for any paper or information relating
to the affairs of the University and on the basis of the information received by the
Visitor, if he is satisfied that any order, proceeding, or decision taken by any authority
of the University is not in conformity with the policy of the State Government in this
regard or the provisions of this Act or the Rules, the Statutes, the Regulations or the
Ordinances of the University, he may issue such directions as he may deem fit in
the interest of the University and the directions so issued shall be complied with
by the University forthwith.
(4) The Visitor shall have the power to cause an inspection to be made by such
person or persons as he may direct, of the University, its building, libraries, laboratories
and equipment, and of any centre, department, institution, school or campuses
maintained by the University and also of the examinations, teaching and other work
conducted or done by the University and to cause an inquiry to be made in like manner
in respect of any matter connected with the administration or finances of the University
and its centres, departments, institutions or schools.
(5) The Visitor shall, in every case, give notice to the University of his intention
to cause an inspection or inquiry to be made, and the University shall, on receipt of
such notice, have the right to make, within thirty days from the date of receipt of the
notice or such other period as the Visitor may determine, such representations to the
Visitor, as it may consider necessary.
(6) Without prejudice to the generality of the foregoing provisions of this section,
the Visitor may, by order in writing annul any proceeding of any meeting of any
authority or committee of the University which is not in conformity with this Act or
the rules or the policy of the State Government or the Statutes or the Regulations or
the Ordinances of the University:
Provided that before making any such order, he shall call upon the University to
show-cause as to why such an order should not be made, and if any satisfactory cause
is shown within a reasonable time, he may consider the same.
(7) The Visitor shall have such other powers as may be prescribed by the rules.
Authorities of the
University.
Officers of the
University.
The Governing
Board, its powers
and functions.
11. The following shall be the authorities of the University, namely:—
(a) the Governing Board;
(b) the Academic Council;
(c) the Finance Committee; and
(d) such other authorities as may be declared by the Statutes of the University
to be the authorities of the University.
12. The following shall be the officers of the University, namely:—
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the Deans;
(d) the Registrar;
(e) the Law Officer;
(f) the Chief Finance Officer;
(g) the Controller of Examinations; and
(h) such other persons as may be declared by the Statutes of the University
to be officers of the University.
13. (I) The Governing Board of the University shall consist of the following
members, namely:—
(i) the Chancellor, who shall be the Chairman of the Governing Board;
(ii) two representatives of the Sponsoring trust to be nominated by the trust;
(iii) the Vice-Chancellor of the University;
PART III] THE KOLKATA GAZE 'I 1'h, EXTRAORDINARY, JANUARY 21, 2015 9
The Neotia University Act, 2014.
Chancellor of the
University and its
powers.
(Section 14.)
(iv) two Deans of the faculty councils for post-graduate and undergraduate
studies to be nominated by the Chancellor, by rotation of every three
years in alphabetical order;
(v) three academicians to be nominated by the Visitor, the State Government
and the Chancellor respectively;
(vi) three experts representing other disciplines such as finance, legal,
management or humanities, to be nominated by the Chancellor;
(vii) two representatives from the industrial sector to be nominated by the
Chancellor; and
(viii) the Registrar, who shall be the Secretary of the Governing Board.
(2) The Governing Board shall be the supreme authority of the University and all
the powers and functions as conferred to the University under this Act shall be executed
by the Governing Board.
(3) In addition to the powers and functions conferred under section 8 of this Act,
the Governing Board shall also have the following powers, namely:—
(a) to provide general superintendence and directions and to control the
functioning of the University;
(b) to frame Statutes, Regulations, Ordinances and to place them before the
State Government for approval;
(c) to borrow or invest the funds of the University and to take decisions in
this regard on recommendation of the Finance Committee;
(d) to create or to abolish posts of teachers and other employees of the
University;
(e) to review the decisions of other authorities of the University in case they
are not in conformity with the provisions of this Act or the rules or the
Statutes or the Regulations or the Ordinances of the University;
(f) to prepare the budget and annual report of the University;
(g) to lay down the academic, administrative and other policies to be followed
by the University;
(h) to recommend to the Sponsoring trust, in consultation with the Visitor,
about the voluntary winding up of the University if a situation arises
where the smooth functioning of the University is not possible, in spite
of all efforts;
(i) such other powers as may be provided for by the Statutes or by the
Regulations or by the Ordinances of the University.
(4) The term of office of members of the Governing Board including
their re-nomination or resignation shall be such as may be provided for by the
Statutes.
(5) The Governing Body shall meet at least three times in a calendar year.
(6) The quorum for meetings of the Governing Board shall be seven.
14. (1) The Chancellor shall be appointed by the Sponsoring trust.
(2) The Chancellor shall be the head of the University.
(3) The Chancellor shall preside over the meetings of the Governing Board and
shall, when the Visitor is not present, preside at the convocation of the University for
the purpose of conferring degrees, diplomas, awards, certificates or other academic
distinctions.
10 THE KOLKATA GAZE11h, EXTRAORDINARY, JANUARY 21, 2015
[PART III
The Neotia University Act, 2014.
(Sections 15-17.)
(4) The Chancellor shall have the following powers, namely:—
(a) to call for any information or record of the University;
(b) to appoint the Vice-Chancellor;
(c) to remove the Vice-Chancellor in accordance with the provisions made
under this Act;
(d) such other powers as may be provided for by the Statutes.
The Vice
Chancellor.
The Academic
Council.
Powers and
functions of the
Academic
Council.
15. (1) The Vice-Chancellor shall be appointed by the Chancellor on
recommendation of the Governing Board.
(2) The Vice-Chancellor shall be an educationist and must meet the eligibility
criteria, if any, as determined by the Regulatory Bodies.
(3) The term of the office of the Vice-Chancellor shall be determined by the
Governing Board.
(4) Where a vacancy in the office of the Vice-Chancellor occurs and it cannot be
conveniently and expeditiously filled up in accordance with the provisions of sub-
section (1) and if there is an emergency, the Chancellor in consultation with the
Governing Board, may appoint any suitable person to be the Vice-Chancellor and
may from time to time, extend the term for a period not exceeding the total period of
one year.
(5) The Vice-Chancellor shall be the principal academic officer of the University
and shall exercise general superintendence and control over the academic affairs of
the University and shall also execute the decisions of various authorities of the
University.
(6) The Vice-Chancellor shall preside at the convocation of the University in the
absence of the Visitor and the Chancellor.
(7) The Vice-Chancellor shall also exercise such powers and perform such duties
as may be provided for by the Statutes.
(8) If, at any time, upon representation made or otherwise, and after making such
inquiry as may be deemed necessary, the situation so warrants and if the continuance
of the Vice- Chancellor is not in the interests of the University, the Chancellor may,
by an order in writing stating the reasons therein, ask the Vice-Chancellor to relinquish
his office from such date as may be specified in the order and in such manner as may
be provided for by the Statutes:
Provided that before taking an action under this sub-section, the Vice-Chancellor
shall be given an opportunity of being heard.
16. (1) The Academic Council shall consist of the Vice-Chancellor and such other
members as may be provided for by the Statutes.
(2) The Vice-Chancellor shall be the Chairperson of the Academic Council.
(3) The Academic Council shall be the principal academic body of the University
and shall, subject to the provisions of this Act and the rules and the Statutes, co-
ordinate and exercise general supervision over the academic policies of the University.
(4) The quorum for meetings of the Academic Council shall be such as may be
provided for by the Statutes.
17. Subject to the provisions of this Act, the rules and the Statutes, the Academic
Council shall, in addition to all other powers vested in it, have the following powers,
namely:—
(i) to exercise general supervision over the academic policies of the
University and to give directions regarding methods of instruction,
evaluation of research or improvement in academic standards;
PART III]
THE KOLKATA GAZE 'I 1E, EXTRAORDINARY, JANUARY 21, 2015
11
The Neotia University Act, 2014.
(Sections 18-23.)
to bring about inter-faculty co-ordination, and to establish or appoint
committees or boards, for taking up projects on an inter-faculty basis;
to consider matters of general academic interest either at its own initiative
or referred to in the Faculty Councils, and to take appropriate action
thereon; and
to suggest framing of such Regulations consistent with the provisions of
this Act, the rules, the Statutes, the Regulations and the Ordinances
regarding the academic functioning of the University, discipline,
residence, admissions, award of fellowships and studentships, fee
concessions, corporate life and attendance.
The Deans.
The Registrar.
The Law Officer,
Chief Finance
Officer and the
Controller of
Examinations.
The Finance
Committee.
Other officers.
The Faculty
Councils for Post-
graduate and
Under-graduate
Studies.
18. (1) There shall be a Dean for each and every Faculty Council for Post-graduate
and Undergraduate Studies in the University who shall be appointed by the Chancellor
on recommendation of the Governing Board from amongst the existing teachers of
the University.
(2) Every Dean shall be the Vice-Chairman of the respective Faculty Council for
Post-graduate and Undergraduate Studies and shall have such powers and functions
as may be provided for by the Statutes.
(3) The Dean of every Faculty Council for Post-graduate and Undergraduate
Studies may be removed from his office for such reasons and in such manner as may
be provided for by the Statutes.
19. (1) The Registrar shall be appointed by the Chancellor on recommendation of
the Sponsoring trust in such manner, as may be provided for by the Statutes.
(2) All contracts shall be signed and all documents and records shall be
authenticated by the Registrar on behalf of the University.
(3) The Registrar shall be the Member Secretary of the Governing Board and the
Academic Council but he shall not have a right to vote.
(4) The Registrar shall exercise such other powers and perform such other functions
as may be provided for by the Statutes.
20. (1) The appointment of the Law Officer, the Chief Finance Officer and the
Controller of Examinations shall be made by the Chancellor in such manner and with
such terms and conditions as may be provided for by the Statutes.
(2) The Law Officer, the Chief Finance Officer and the Controller of Examinations
shall exercise such powers and perform such functions as may be provided for by the
Statutes.
21. (1) There shall be a Finance Committee with the Chancellor as Chairman.
(2) The constitution, powers and functions of the Finance Committee shall be
such as may be provided for by the Statutes.
22. (1) The University may appoint such other officers as may be necessary for its
functioning.
(2) The manner of appointment of such other officers of the University and their
powers and functions, including the terms and conditions of their service, shall be
such as may be provided for by the Statutes.
23. (1) There shall be as many Faculty Councils for Post-graduate and Undergraduate
Studies as there are courses of studies or faculties in the University as per the decision
of the Governing Board.
12
THE KOLKATA GAZE11E, EXTRAORDINARY, JANUARY 21, 2015 [PART III
The Neotia University Act, 2014.
(Section 24.)
(2) Each Faculty Council for Post-graduate and Undergraduate 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 Professors and the Associate Professors of the Department concerned,
if any;
(v) the Librarian of the University and if the post of Librarian is vacant then
the person acting as Librarian of the University;
(vi) five Teachers of the University, other than Professors and Associate
Professor, to be nominated by Chancellor.
(3) One-third of the total number of members of a Faculty Council for Post-graduate
and Undergraduate studies shall be a quorum for a meeting of the Faculty Council.
Powers and
functions of the
Faculty Council
for Post-graduate
and
Undergraduate
Studies.
24. Subject to the provisions of this Act, the rules, the Statutes, the Regulations
and the Ordinances made thereunder, the Faculty Council for Post-graduate and
Undergraduate Studies shall exercise the following powers and perform the following
functions, namely:—
to make proposals to the Governing Board for the establishment of
University departments, institutions, libraries, laboratories and museums
for study and research to be maintained by the University;
to recommend to the Governing Boards the creation and institution of
Professorships, Associate Professorships, Assistant Professorships and
other teaching posts and their emoluments thereof;
to make proposals to the Governing Board 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 Governing Board thereon;
to make proposals to the Governing Board 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;
to advise the Governing Board on institution of degrees, titles, diplomas,
certificates and other academic distinctions;
to hold and conduct, subject to general supervision by the Governing
Board, 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 and submit report to the Governing Board;
to frame guidelines relating to the courses of Post-graduate and
Undergraduate Studies and the division of subjects in regard thereto
including interdisciplinary or multidisciplinary integrated courses in
selected subjects and to recommend to the Governing Board the making
of Regulations in this regard;
to call for such reports or information as the Faculty Council may consider
necessary for efficient discharge of its duties from the teaching
departments or the research units;
to consider any educational matter relating to the Faculty Council and to
arrive at a decision or to make recommendations pertaining thereto to the
appropriate authority or officer;
PART III]
THE KOLKATA GAZE1 EXTRAORDINARY, JANUARY 21, 2015 13
The Neotia University Act, 2014.
(Sections 25-28.)
(xi) to submit each year its annual report to the Governing Board;
(xii) to consider and approve results of examinations leading to undergraduate
and post-graduate degrees, diplomas and certificates;
(xiii) to recommend to the Governing Board the conferment of undergraduate
and post-graduate degrees, diplomas and certificates;
(xiv) to exercise all other powers and perform all other functions conferred
and imposed on it by or under this Act and such other powers as may be
provided for by the Statutes which are not repugnant to the provisions of
this Act.
Other authorities. 25. (1) There shall be such other authorities in the University as may be constituted
by the Governing Board in such manner as may be provided for by the Statutes.
(2) The composition, constitution, powers and functions of such other authorities
of the University shall be such as may be provided for by the Statutes.
Regulatory
Committee.
26. (1) There shall be a Regulatory Committee to be constituted by the State
Government for the purpose of monitoring and regulating the working of the University
in such manner as may be prescribed.
(2) The powers and functions of the Regulatory Committee shall be such as may
be prescribed by the State Government.
(3) The recommendation of the Regulatory Committee shall be binding on the
University.
(4) Until such time the Regulatory Committee is constituted, the West Bengal
State Council of Higher Education constituted under the provisions of the West Bengal
State Council of Higher Education Act, 1994, will function as the Regulator for the
University.
West Ben. Act
XXXVII of 1994.
Act not to be
invalidated by
reason of vacancy.
27. No act or proceeding of the Board or any authority of the University or any
committee constituted under this Act or the rules or the Statutes or the Regulations or
the Ordinances shall be questioned merely on the ground of the existence of a vacancy
in or defect in the constitution of the Board, authority or Committee of the University.
The First Statutes. 28. (I) The First Statutes of the University shall provide for all or any of the following
matters, namely:—
(a) the constitution, powers and functions of the authorities and other bodies
of the University as may be constituted under this Act;
(b) the terms and conditions of appointment of the Vice- Chancellor, his
powers, functions and removal thereof;
(c) the manner and procedure including the terms and conditions of
appointment of the Registrar, the Law Officer, the Chief Finance Officer
and the Controller of Examinations and their powers and functions;
(d) the manner and procedure including the terms and conditions of
appointment of all other officers and teachers of the University and their
powers and functions thereof;
(e) the terms and conditions of service of the employees of the University;
(f) the procedure for arbitration in case of disputes between officers, teachers,
employees and students;
(g) the conferment of honorary degrees;
(h) the provisions regarding exemption of students from payment of tuition
fee and for awarding to them scholarships and fellowships in consonance
with the regulations of relevant Regulatory Body;
14
THE KOLKATA GAZE 11E, EXTRAORDINARY, JANUARY 21, 2015 [PART III
The Neotia University Act, 2014.
(Sections 29, 30.)
(i) provisions regarding the policy of admissions, including regulation of
reservation of seats in consonance with the regulations of relevant
Regulatory Body;
(j) provisions regarding number of seats in different courses of study; and
(k) such other provisions as may be necessary in the functioning of the
University.
(2) The First Statutes of the University shall be made by the Governing Board
and shall be submitted to the State Government for approval.
(3) The State Government may consider the First Statutes as submitted by the
University and may give its approval thereon within two months from the date of its
receipt and with such modifications, if any, as it may deem necessary, for compliance.
Appointment of
teachers and non-
teaching
employees in the
University.
Funds and
accounts of the
University.
29. (1) The University may create as many posts of teachers and non-teaching
employees in the University and may appoint such teachers and non-teaching employees
of their own, in consonance with the norms provided by the relevant Regulatory Bodies.
(2) The University shall have the power to make Regulations regarding terms and
conditions of service including the procedure of disciplines of the employees of the
University, and these shall be consistent with the norms and standards provided by the
Regulatory Bodies.
30. (1) The University shall establish and constitute a fund to be known as General
Fund of the University to which the following shall be credited:—
(a) fees and other charges received by the University from the students;
(b) any contribution made by the Sponsoring trust;
(c) any income received from consultancy and other work undertaken by the
University in pursuance of its objectives;
(d) trusts, bequests, donations, endowments and any other grants; and
(e) all other sums received by the University from any source whatsoever.
(2) The General Fund of the University may be utilized for the following purposes:—
(a) for payment of debts including interest charges thereto incurred by the
University;
(b) for upkeep of the assets of the University;
(c) for the payment of cost of audit of the University;
(d) for meeting the expenses of any suit or proceeding to which the University
is a party;
(e) for payment of salaries and allowances of the officers and non-teaching
employees of the University and members of the teaching and research
staff and for payment of any provident fund contribution, gratuity and
other benefits to any such officers, employees and members of teaching
and research staff;
(f) for the payment of travelling and other allowances of the members of the
Governing Board, the Academic Councils and other authorities so declared
under the Statutes of the University and of the members of any committee
appointed by any of the authorities or by the Chancellor or the Vice-
Chancellor and other officers and employees in performance of official
duties, as the case may be, of the University;
(g) for the payment of fellowships, free-ships, scholarships, assistanceships
and other awards to the student belonging to economically weaker sections
of the society or research associates or trainees, as the case may be, or to
any student otherwise eligible for such awards under the Statutes,
Regulations and the Ordinances;
PART III] THE KOLKATA GAZE 1"1'E, EXTRAORDINARY, JANUARY 21, 2015 15
The Neotia University Act, 2014.
(Sections 31-33.)
(h) for the payment of any expenses incurred by the University in discharging
its functions;
(i) for payment of cost of capital not exceeding the prevailing bank rate of
interest, incurred by the Sponsoring trust for setting up the University
and the investment made therefor;
(j) for the payment of charges and expenditure relating to the consultancy
work undertaken by the University in pursuance of this Act; and
(k) for the payment of any other expenses including service fees payable to
any organization charged with the responsibility of providing any specific
service, including the managerial services to the University on behalf of
the Sponsoring trust, as approved by the Governing Board to be an expense
incurred for the purpose of the University.
Annual accounts
and audit.
33. (1) The University shall maintain proper accounts and other relevant records,
and prepare an annual statement of accounts including the income and expenditure
account and balance sheet, in such form and in such manner as may be provided for
by Regulations.
(2) The University shall adopt a proper system of internal checks and balances
and controls in the discharge of its finance, accounting and auditing functions as may
be provided for by the Regulations.
(3) The accounts of the University shall be audited not less than once in every
year by a statutory auditor who shall be a Chartered Accountant as defined in the
Chartered Accountant Act, 1949, as may be appointed by the Governing Board.
(4) The annual statement of accounts shall, together with copies of the audit report
be submitted to the Governing Board and to the State Government and shall thereupon
be published by the Governing Board.
Endowment Fund
of the University.
Pension and
Provident Fund.
31. (1) The University shall establish an Endowment Fund in the name of the
University through a fixed deposit of a minimum of rupees ten crore in a Nationalized
Bank, which may be used for the development of the University:
Provided that the Sponsoring trust shall make available the whole Endowment
Fund to the Administrator during the process of winding up of the University failing
which the same shall be realized from the properties of the University.
(2) The Endowment Fund shall be invested and kept invested until the dissolution
of the University.
(3) A security deposit shall be pledged in the name of Higher Education
Department, through a fixed deposit of Rupees one crore in a Nationalized Bank to be
kept as security deposit; interest proceeds of which may be used for the development
of the University.
(4) The State Government shall have the power to forfeit the security deposit in
such prescribed manner, in case the University contravenes any of the provisions of
this Act.
32. (1) The University shall with the approval of the Governing Board, constitute
for the benefit of the officers, teachers and other employees of the University, in such
manner and subject to such terms and conditions as may be provided for by the
Regulations, such scheme of pension, provident fund, gratuity and insurance as it may
deem fit.
(2) Any provident fund instituted by the University for the benefit of its teachers,
officers, or employees shall be governed by the provisions of the Provident Funds 19 of 1925.
Act, 1925, as if such fund were a Government Provident Fund and such provident
fund may be maintained in a Government Treasury.
38 of 1949.
16
THE KOLKATA GAZE' 1E, EXTRAORDINARY, JANUARY 21, 2015 [PART III
The Neotia University Act, 2014.
(Sections 34, 35.)
Admission of
students.
Examinations and
results.
34 . (1) Admission of students in the University shall be made on the basis of
merit.
(2) Merit for admission in the University may be determined either on the basis of
marks or grade obtained in the qualifying examination or on the basis of marks or
grade obtained in a relevant entrance examination conducted by the University or by
Common Entrance Test conducted at the State or National level:
Provided that any achievements in co-curricular activities or extra-curricular
activities may be given weightage at the discretion of the University:
Provided further that the admission criteria for specific courses, as prescribed by
the concerned Regulatory Bodies, shall be adhered to.
(3) The seats in engineering, technology and management courses in the University
or the colleges and other institutions subsumed in the University shall be guided
by the existing framework of the All India Entrance Examination or the West Bengal
Joint Entrance Examinations Board through its state level common entrance test
and counselling process until the University opts to work out its own entrance
examination framework for admission into the courses as per the decision of the
Governing Board.
(4) The University shall keep five percent of total intake reserved for filling up
with economically weaker persons in the manner as may be notified by the State
Government from time to time.
35. (1) The University shall at the beginning of each academic session and in any
case not later than 31" of August of every calendar year, prepare and publish a semester
wise or annual, as the case may be, schedule of examinations for each and every
course conducted by it and shall strictly adhere to the schedule.
Explanation:—"Schedule of Examination" means a table giving details about the
time, day and dates of the commencement of each paper which is part of a scheme of
examinations and shall also include the details about the practical examination:
Provided that if, for any reasons whatsoever, the University has been unable to
follow the schedule, it shall, as soon as may be practicable, submit a report, to the
State Government incorporating the detailed reasons for making a departure from the
published schedule.
(2) The State Government shall have power to issue such directions to the
University in removing difficulties in relation to any examination of the University, as
it may deem necessary in the interest of the students.
(3) The University shall declare the results of every examination conducted by
it within a period of forty-five days from the last date of examination for that
particular course:
Provided that if, for any reasons whatsoever, the University is unable to finally
declare the results of any examination within the aforesaid period of forty-five days, it
shall submit a report incorporating the detailed reasons for such delay to the State
Government:
Provided further that the State Government may upon considering such report
issue such directions to the University as it may deem necessary in the interest of the
students.
(4) The University shall have power to award degrees or diplomas or titles or
awards or certificates to any person involved in the course of study or in research in
the University in accordance with the Regulations as may be framed or upon such
terms and conditions as may be provided by the Regulatory Bodies.
PART III]
THE KOLKATA GAZE1-1 E, EXTRAORDINARY, JANUARY 21, 2015
17
The Neotia University Act, 2014.
(Sections 36-38.)
Powers to make
Regulations.
36. Notwithstanding anything contained in any other law for the time being in
force, the University shall have powers to confer degrees, diplomas, certificates
and honorary degrees and other distinctions and titles, as approved by the Governing
Board.
37. Subject to the provisions of this Act and the rules made thereunder, any officer
or authority of the University may, by order, delegate his or its powers, except the
power to make the Statutes, the Regulations or the Ordinances of the University, to
any other officer or authority under his or its control and subject to the conditions that
the ultimate responsibility for the exercise of the power so delegated shall continue to
vest in the officer or authority delegating them.
38. (1) Subject to the provisions of this Act, the Governing Board shall have, in
addition to all other powers vested in it, the power to make Regulations to be provided
for the administration and management of the affairs of the University.
(2) In particular and without prejudice to the generality and foregoing powers,
such Regulations may provide for all or any of the following matters, namely:—
the summoning and holding of meetings of the authorities of the University
other than the first meeting of the Governing Board, the quorum and
conduct of business at such meetings;
the power and functions to be exercised and discharged by the Chancellor
of the University;
the constitution, powers and duties of the other authorities, bodies and
committees of the University established under this Act, the qualifications
and disqualifications for membership of such authorities, bodies and
committees, term of office of the membership, appointment and removal
of members thereof and other matters connected therewith, and removal
of members of the Governing Board, the Academic Council and the
Finance Committee;
the procedure to be followed by the Governing Board and any Committee
or other body constituted under this Act and the Statutes made thereunder,
in conducting of their business;
the procedure and the criteria to be followed in established courses of
study and admission of students thereof;
the procedure to be followed by enforcing discipline in the University;
the management of the properties of the University;
the degrees, diplomas, certificates and other academic distinctions and
titles which may be conferred or granted by the University and withdrawal
or cancellation of any such degrees, diplomas, certificates and other
academic distinctions and titles and the requirements thereof;
the conduct of examinations including the term of office and appointment
of examiners;
the creation of posts of Professors, Associate Professors, Assistant
Professors or equivalent academic designations or posts, officers and
employees of the University, and the appointment of persons to such
posts including the qualifications requisite therefor;
the fees and other charges which may be paid to the University for the
courses, training facilities and services provided by it;
the manner and conditions for constitution of insurance, pension and
provident funds and such other schemes for the benefit of officers,
teachers, and other employees of the University;
the terms and conditions applicable for association of the University with
other institutions;
Conferment of
degrees, diplomas
and grant of
certificate by the
University.
Power to delegate.
18
THE KOLKATA GAZE1 1E, EXTRAORDINARY, JANUARY 21, 2015 [PART III
The Neotia University Act, 2014.
(Sections 39-43.)
(xiv) the preparation of budget estimates and maintenance of accounts;
(xv) the mode of execution of contracts or agreement by or on behalf of the
University;
(xvi) the method of recruitment, classification and procedure for appointment
of officers and staff of the University;
(xvii) the terms and conditions governing deputation of officers and staff of the
University;
(xviii) the terms and conditions governing fellowship, scholarship, stipends,
medals and prizes;
(xix) the authentication of the orders and decisions of the Governing Board;
(xx) the matters relating to hostels and halls of residence including disciplinary
control therein;
(xxi) all other matters which by this Act are to be provided for by the
Regulations.
Powers to make
rules.
Disqualification.
General powers of
the State
Government.
39. (1) Subject to the provisions of this Act, the State Government shall have powers
to make rules for the purpose of duly carrying out the provisions of this Act.
(2) Every rules made by the State Government under this Act shall, as soon as
they are made, be laid down before the State Legislature while it is in session.
40. (1) No person shall be qualified for appointment 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 dispute, the decision of the Chancellor whether a person is
disqualified under the provisions of sub-section (1) shall be final.
41. (1) The State Government shall have the power to cause inspection of the
University in such manner as may be prescribed and in particular, its buildings, libraries,
halls, museums and other infrastructures including the administrative as well as financial
functions of the University.
(2) Every inspection shall be made after due notice to the University.
(3) Proceedings of every inspection along with suggestion or advice of the State
Government shall be sent to the Governing Board for its necessary action.
(4) The State Government shall have power to give directions to the University
from time to time considering the interest of the Student as well as for public interest.
Explanation.— The decision of the State Government shall be final whether a
particular issue is related to public interest or the interest of the students.
42. The State Government shall have power to remove any difficulty that arises in
applying any provisions of this Act.
43. The University shall submit a detailed annual report showing its academic
performance and other relevant particulars of the University before the State
Government within three months of the commencement of every academic year.
Powers to remove
difficulty.
Report of the
University.
PART
THE KOLKATA GAZEIIE, EXTRAORDINARY, JANUARY 21, 2015 19
The Neotia University Act, 2014.
(Sections 44, 45.-Schedule A.-Schedule B.)
Accreditation of
the University.
Winding up of the
University.
44. (1) The University shall obtain accreditation from the National Assessment
and Accreditation Council or such other body or authority as may be determined by
the Central or the State Government or the appropriate Regulatory Body from time to
time, within three years of its establishment and communicate the same to the State
Government and relevant Regulatory Bodies in writing along with such accreditation
certificate.
(2) The University shall ensure renewal of such accreditation from time to time.
45. (1) The Governing Board in consultation with the Sponsoring trust and the
Visitor may recommend to the State Government to dissolve the University by giving
notice to this effect in such manner as may be prescribed by the State Government in
this behalf, to the employees and students of the University at least one year in advance:
Provided that the University shall not be permitted to serve notice for winding up
within a period of ten years from the date of coming into effect of this Act.
(2) The State Government on receiving the notice referred to under sub-section
(1) shall appoint an Administrator by replacing the Governing Board and the Chancellor
and the Administrator thereafter shall act as the supreme authority during the process
of winding up.
(3) The properties of the University as well as the Endowment Fund of the
University shall be used by the Administrator during the process of winding up in
such manner as may be prescribed.
(4) The dissolution of the University shall have effect only after the last batch of
the students of the regular courses have completed their courses and have been awarded
degrees, diplomas or awards, as the case may be.
SCHEDULE A
(See to sub-section (1) of section 3)
The Educational Development Trust, an educational and charitable trust created
vides Deed No. 2267, dated 09.08.2000 and registered before the Additional District
Sub-Registrar, R.A., Kolkata and subsequently modified vide Deeds No. 1098 dated
25.03.2003, 4227 dated 31.07.2008 and 4228 dated 31.07.2008 registered before the
Additional District Sub-Registrar, Registrar of Assurance, Kolkata.
SCHEDULE B
(See to sub-section (1) of section 4)
Schedule of Land
All that piece and parcels of land measuring about 11.66 acres, appertaining to
J.L. No. 69 and 112 under Mouza Amira and Jhinga, Police Station Diamond Hurbour,
District South 24-Parganas, Khatian No. 1097 and 813 L.R. Plot No. 2054, 2055,
2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2032, 2044,
2047, 2048, 2049, 2050, 2051, 2029, 2024 and 1193, 1194, 1194/1473, 1187, 1185,
1189, 1190, 1191, 1197, 1195, 1150, 1145, 1146, 1149, 1192, 1196, 1186, 1117,
1188, butted and bounded thereto and transferred to the University absolutely.
Schedule of Building
All that pucca (cemented) constructed buildings measuring about 10415.4 square
meters situated in the land mentioned in the Schedule-B and transferred to the University
absolutely.
By order of the Governor,
SIDDHARTHA CHAT'TOPADHYAY,
Secy.-in-Charge 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
- 2015-01-21
- Sections available
- Document reader
India Code, Government of India. Text fetched 17 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.