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GOVERNMENT OF WEST BENGAL
LEGISLATIVE DEPARTMENT
West Bengal Act XXXVI of 1981
THE RABINDRA BHARATI ACT, 1981.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Calcutta Gazette,
Extraordinary, of the 26th October, 1981.]
[26th October, 1981.]
An Act to provide for the reconstitution of the University known as
Rabindra Bharati and for certain matters incidental thereto and
connected therewith.
WHEREAS it is expedient to reconstitute the University known as
Rabindra Bharati to encourage in conformity with the ideas and thoughts
of Rabindranath Tagore, the integration of cultural heritage of the nation
consistent with its linguistic and socio-economic history and to enable it
to function more efficiently as a University encouraging and providing
for instruction, teaching, training and research in various branches of
learning and courses of study, promoting advancement and dissemination
of knowledge and learning, and extending higher education, to meet the
growing needs of society and to make the constitution of various authorities
or bodies of the University more democratic;
It is hereby enacted in the Thirty-second Year of the Republic of India,
by the Legislature of West Bengal, as follows:—
CHAPTER I
Preliminary
1. (1) This Act may be called the Rabindra Bharati Act, 1981.
(2) This section and section 55 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.
Short tide
and
commence-
ment.
2. In this Act, unless there is anything repugnant in the subject or Definitions.
context,—
(1) "the Academy" means the Academy of Dance, Drama and
Music, initially established and sponsored by the Government
of West Bengal and subsequently taken over by the University,
including its properties, movable and immovable, and other
assets and liabilities, and deemed to be a part of the University;
339
The Rabindra Bharati Act, 1981.
[West Ben. Act
(Chapter I.—Preliminary.—Section 2.)
(2) "affiliated" in relation to a college or an institution or a centre
means affiliated to the University known as Rabindra Bharati
as constituted prior to the appointed day and continuing as
such immediately before such day or affiliated to the University
under this Act;
(3) "appointed day" means the date referred to in sub-section (5)
of section 55;
(4) "college" means a college established or maintained by, or
affiliated to, the University;
(5) "convocation" means a meeting of the Court for the purpose
of conferring degrees, titles, diplomas, certificates or other
academic distinctions;
(6) "employee" in relation to the University means any person
employed by the University;
(7) "financial year" means the year ending on the 31st day of
March;
(8) "Government College" means a college maintained and
managed by the State Government;
(9) "Governor" means the Governor of the State of West Bengal;
(10) "hall" or "hostel" means a unit of residence for students,
teachers, officers or non-teaching staff recognised by the
University;
(11) "institution" means a school, centre of culture, museum,
library or any other organisation, by whatever name called, for
training, instruction, research or study in all or any of the
following subjects, namely, dance, drama, music and visual
arts;
(12) "Librarian" in relation to the University or a college, institution
or centre affiliated to the University means a Librarian or a
Deputy Librarian or an Assistant Librarian or any other person
discharging the functions of a Librarian on whole-time basis,
by whatever name called, appointed or recognized as such by
the University;
(13) "Minister" means the Minister-in-charge of Higher Education
appointed as such by the Governor;
(14) "non-teaching staff" in relation to the University or a college,
institution or centre affiliated to the University means the non-
teaching staff, not holding any teaching post (including part-
time teaching post), appointed or recognized as such by the
University, and includes technical staff but does not include a
Librarian or an officer.
Explanation.—"Technical staff" shall mean the staff-
holding any technical post, by whatever name called, appointed
or recognized as such by the University;
340
The Rabindra Bharati Act, 1981.
XXXVI of 1981.]
(Chapter I.—Preliminary.—Section 2.)
(15) "prescribed" means prescribed by Statues, Ordinances,
Regulations or Rules made under this Act;
(16) "Principal" means the head of an institution, by whatever
name called;
(17) "Rabindra Bharati Society" means the Society, by whatever
21 of 1860. name called, registered under the Societies Registration Act,
1860 under the name and style of Rabindra Bharati on the
15th January, 1947, and having its office in the campus of
the University;
(18) "registered graduate" means a graduate registered under this
Act, at least three months prior to the date of election of
members to the Court, on application in the prescribed form
and on payment of a fee of one rupee:
Provided that no person shall be eligible to be registered
under this Act unless he has graduated himself from the
University at least three years prior to the date of election
of members to the Court;
(19) "Statutes", "Ordinances", "Regulations" and "Rules" mean,
respectively, the Statutes, Ordinances, Regulations and Rules
of the University made under this Act;.
(20) "Students' Union" in relation to the University or a college,
institution or centre affiliated to the University means a
Students' Union constituted in the manner prescribed;
(21) "Teacher" means a Principal, Professor, Assistant Professor,
Reader, Lecturer, Demonstrator, Tutor, Instructor or any
other person, either whole-time or part-time, imparting
instruction or conducting research in the University or
in any college, institution or centre affiliated to the
University;
(22) "Teacher of the University" means a Professor, Reader,
Lecturer or any other person, appointed or recognized as
such by the University, either whole-time or part-time, for
the purpose of imparting instruction or conducting research
in the University;
(23) "University" means the University known as Rabindra
Bharati, as constituted under this Act;
(24) "University Library", "University Museum" or "University
Institution" means a library, a museum or an institution, as
the case may be, maintained and managed by the University,
whether established by it or not.
341
The Rabindra Bharati Act, 1981.
[West Ben. Act
(Chapter 11.—The University and its officers.—Sections 3, 4.)
CHAPTER II
The University and its officers
The
University.
Powers of
the
University.
3. (1) The Chancellor and the Vice-Chancellor of the University
and the members of the Court and the Executive Council, for the time
being, shall constitute a body corporate by the name of the Rabindra
Bharati.
(2) The University shall have perpetual succession and a
common seal and shall sue and be sued by the name of Rabindra
Bharati.
4. The University shall have the following powers, namely:—
(1) to encourage, in conformity with the ideas and thoughts of
Rabindranath Tagore, integration of cultural heritage of the
nation consistent with its linguistic and socio-economic
history, to provide for instruction, teaching, training and
research and to promote the advancement and dissemination
of knowledge and learning, and the extension of higher
education in all branches of humanities and, in particular,
in dance, drama, music and visual arts;
(2) to establish, maintain or manage colleges, libraries, museums
and such other institutions, institutes, or centres for study
and research as it may deem necessary;
(3) to affiliate to itself or to recognize colleges, institutions,
institutes or centres in respect of all or any of the following
subjects, namely, dance, drama, music and visual arts, but
not in respect of any other branch of humanities or any
branch of science, and to disaffiliate a college, institution,
institute or centre in such subject or subjects or to withdraw
such affiliation or recognition;
(4) to prescribe for colleges, other than Government
Colleges,—
(a) the constitution, powers and functions of their Govern-
ing Bodies, and
(b) with the approval of the State Government,—
(i) the terms and conditions of service of—
(A) Librarians, and
(B) non-teaching staff, and
(ii) rules for Provident Funds;
342
The Rabindra Bharati Act, 1981.
XXXVI of 1981.]
(Chapter 11.—The University and its officers.—Section 4.)
(5) to prescribe for colleges the rules for Teachers' Councils;
(6) to provide for the inspection, or investigation into the
affairs, of colleges, institutions, institutes or centres
affiliated to or recognised by it and to exercise general
supervision and control over them;
(7) to take over for a period not exceeding twelve months the
management of any college, institution or institute affiliated
to, or recognized by the University, other than a Government
College or institution, in order to ensure that proper standard
of teaching, training or instruction is maintained therein:
Provided that the University may, if it considers necessary
so to do, extend such period so, however, that the aggregate
period shall not exceed eighteen months;
(8) to dissolve the Governing Body of any affiliated college,
institution or institute, other than a Government College, and
pending reconstitution of the Governing Body thereof in
such manner as may be prescribed, to appoint an Administrator
or an ad hoc Governing Body:
Provided that the reconstitution of the Governing Body
shall be made within a period of twelve months from the date
of its dissolution:
Provided further that the University may, if it considers
necessary so to do, extend such period so, however, that the
aggregate period shall not exceed eighteen months;
(9) to institute and make appointment to Professorship, Reader-
ship, Lectureship and other posts required by the University
for the purpose of imparting instruction or conducting
research in the University;
(10) to create posts, as and when required, of officers and other
employees of the University besides those provided for in
this Act and to appoint persons to such posts;
(11) to prescribe, subject to the provisions of this Act, the
constitution, powers and duties of the Boards of Studies, the
Finance Committee, and other bodies;
(12) to prescribe the powers and duties of officers of the
University;
(13) to prescribe, 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 posts of Teachers,
officers and other employees of the University;
343
The Rabindra Bharati Act, 1981.
[West Ben. Act
(Chapter 11.—The University and its officers.—Section 4.)
(14) to make provisions for provident and other funds for the
employees of the University;
(15) to institute degrees, titles, diplomas, certificates and other
academic distinctions;
(16) to hold examinations and to confer degrees, titles, diplomas,
certificates and other academic distinctions on persons
who—
(a) shall have pursued an approved course of study in the
University or in an affiliated college, institution,
institute or centre unless exempted therefrom in the
manner prescribed, and shall have passed the prescribed
examinations of the University, or
(b) shall have carried on research under conditions
prescribed;
(17) to withdraw or to cancel degrees, titles, diplomas, certi-
ficates or other academic distinctions under such conditions
as may be prescribed by Statutes and after giving the
person affected a reasonable opportunity to present his
case;
(18) to confer honorary degrees or other academic distinctions
under conditions prescribed;
(19) to prescribe, demand and receive fees, fines and other charges
for examinations and other purposes;
(20) to establish, maintain, manage or recognize halls, hostels
and other places of residence for the students, Teachers,
officers or non-teaching staff of the University, to withdraw
such recognition, and to take over the management and
maintenance of the existing halls, hostels or places of
residence, recognized by the University, with the consent
of the authorities thereof;
(21) to provide for the promotion of health and welfare of students
and of discipline among them;
(22) to conduct, co-ordinate, regulate and control the post-
graduate research work and teaching in the University, the
affiliated college and the institutions add centres affiliated
to, or recognized by, the University;
(23) to make grants to the National Cadet Corps and the National
Service Scheme from the University Fund;
344
The Rabindra Bharati Act, 1981.
XXXVI of 1981.]
(Chapter IL—The University and its officers.—Section 5.)
(24) to enter into an agreement with the State Government or with
the approval of the State Government with any other
Government or with any person, body or authority for the
taking over by the University of the management of any
college, institution or centre, including its assets and liabilities,
or for any other purpose not repugnant to the provisions of
this Act;
(25) to acquire, hold and dispose of property, movable and
immovable, and to make grants and advances for furthering
any of its objects;
(26) to accept and administer gifts, endowments and benefactions,
for the furtherance of any of its objects for the University
or on behalf of any college or institution established, by,
affiliated to, or recognized by, the University;
(27) to institute awards, fellowships, travelling fellowships,
scholarships, studentships, stipends, bursaries, exhibitions,
medals and prizes;
(28) to accept grants from the Central or any State Government
or the University Grants Commission and, with the approval
of the State Government, also from other sources, to raise
loans, or to accept loans from the Central or the State
Government or the University Grants Commission and from
other sources:
Provided that raising of loans and acceptance of loans
from other sources shall require the approval of the State
Government;
(29) to cooperate with other universities, institutions and
educational authorities in matters that relate to and further
educational objectives of the University;
(30) 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.
5. (1) Save as otherwise provided in this Act, the local limits of Jurisdiction
jurisdiction of the University. (hereinafter referred to as the territorial Tjntiveersity.
limits of the University) shall extend to the whole of West Bengal.
(2) Notwithstanding anything in sub-section (1), the powers of the
University conferred by or under this Act shall not extend to any college,
institution or centre which, for the time being, is included within the local
limits of jurisdiction of any other university established by law within
West Bengal and already affiliated to it.
345
The Rabindra Bharati Act, 1981.
Delegation
of powers to
subordinate
authorities.
Officers of
the
University.
The
Chancellor.
The Vice-
Chancellor.
[West Ben. Act
(Chapter IL—The University and its bfficers.—Sections 6-9.)
(3) Notwithstanding anything contained in sub-section (1), any
college, institution or centre situated outside the territorial limits of the
University may, with the sanction of the State Government, apply to
the University for affiliation in respect of all or any of the subjects
referred to in clause (3) of section 4 and the University may, subject
to such conditions and restrictions as it may with the approval of the
State Government think fit to impose, affiliate to itself such college,
institution or centre and admit the same to all the privileges of the
University.
6. The University may delegate such of its powers as it may deem
expedient to any of its authorities constituted under section 16 or to any
of its officers, and may, at any time, withdraw at its discretion any power
so delegated.
7. The following shall be the officers of the University:—
(1) the Vice-Chancellor;
(2) the Registrar;
(3) the Finance Officer;
(4) persons holding such other posts as may be delcared by
Statutes to be posts of officers of the University.
8. (1) The Governor 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.
9. (1') The Vice-Chancellor shall be appointed by the Chancellor
on the unanimous recommendation of the Court. If the Court fails to
make any such recommendation, the Vice-Chancellor shall be appointed
by the Chancellor in consultation with the Minister from a panel of three
persons to be elected by the Court in accordance with the system of
proportional representation by means of the single transferable vote.
346
The Rabindra Bharati Act, 1981.
XXXVI of 1981.]
(Chapter 11.—The University and its officers.—Section 10.)
(2) (a) The Vice-Chancellor shall hold office for a term of four
years or till he attains the age of 65 years, whichever is earlier, and shall
be eligible for re-appointment for another term of four years or till he
attains the age of 65 years, whichever is earlier.
(b) The,Chancellor may, notwithstanding the expiration of the term of
the office ofIthe Vice-Chancellor or his attaining the age of 65 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) (a) If 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, then, during the period of such temporary inability
the Chancellor in consultation with the Minister may appoint any person
to exercise the powers and perform the duties of the Vice-Chancellor.
(b) When a vacancy occurs in the office of the Vice-Chancellor
by reason of death, resignation or expiry of the term of his office or
otherwise, then, pending the appointment of a Vice-Chancellor, , the
Chancellor in consultation with the Minister may appoint any person to
exercise the powers and perform the duties of the Vice-Chancellor for any
period not exceeding six months.
(6) The vacancy in the office of the Vice-Chancellor occurring by
reason of death, resignation or expiry of the term of his office or otherwise
shall be filled up by appointment of a Vice-Chancellor in accordance with
the provisions of sub-section ( I) within a period of six months from the
date of occurrence of the vacancy and such period shall 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 to exercise the
powers and perform the duties of the Vice-Chancellor under clause (b) of
sub-section (5).
10. (1) The Vice-Chancellor shall be the principal executive and Powers and
of academic officer of the University and shall, in the absence of-the duties the Vice-
Chancellor, preside over the meeting of the Court. He shall, by virture of Chancellor.
his office, be a member and the Chairman of the Executive Council and the
Faculty Councils and also the Chairman of any other authority or body of
347
The Rabindra Bharati Act, 1981.
[West Ben. Act
(Chapter II.—The University and its officers.—Section II.)
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, Faculty Councils 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, the Regulations
and the Rules 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 dis-
charge such other duties as may be delegated to him by any authority
or body of the University or as may be prescribed by Statutes, Ordinances,
Regulations or Rules.
(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 of the authority or body which, in the
ordinary course, would have dealt with the matter:
Provided that if the action taken by the Vice-Chancellor is not
approved by the authority or body concerned, the matter shall immediately
he referred to the Chancellor whose dicision thereon shall be final.
(7) The Vice-Chancellor may, with the approval of the Executive
Council, at any time delegate any of his powers other than the powers
referred to in sub-section (6) to any other officer subordinate to him.
The
Registrar.
11. (1) The Registrar 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 Chairman, two nominees
of the Executive Council, a nominee of the Chancellor and a nominee of
the State Government, for such period and on such terms and conditions
as may be prescribed by Statutes.
(2) The Registrar may resign his office by writing under his hand
addressed to the Vice-Chancellor.
348
The Rabindra Bharati Act, 1981.
XXXVI of 1981.]
(Chapter 11.—The University and its Officers.—Sections 12-15.)
(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,
subject to the approval of the Executive Council, appoint a Teacher of
the University or an officer of the University, temporarily for a total
period not exceeding six months, to exercise the powers and perform the
duties of the Registrar.
12. Subject to the supervision, direction and general control of the
Vice-Chancellor, the Registrar shall act as the Secretary of the Court as
also of the Executive Council and shall exercise such powers and perform
such duties as may be prescribed, or delegated to him by or under this Act
and the Statutes, the Ordinances or the Regulations, as the case may be.
Powers and
duties of the
Registrar.
13. (1) The Finance Officer shall be a whole-time officer of the The Finance
University and shall be appointed by the Executive Council on the Officer.
recommendation of a Committee consisting of the Vice-Chancellor as
Chairman, two nominees of the Executive Council, a nominee of the
Chancellor and a nominee of the State Government, for such period and
on such terms and conditions as may be prescribed by Statutes.
(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 may, subject to the approval of the Executive Council, appoint
a person temporarily for a total period not exceeding six months, to
exercise the powers and perform the duties of the Finance Officer.
14. (1) Subject to the supervision, direction and general control Powers and
of the Vice-Chancellor, the Finance Officer shall be in charge of the duties of the
Finance
administration of the funds, the finances and the properties and assets of Officer.
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 augmenting the resources of the University.
(2) The Finance Officer shall exercise such other powers and perform
such other duties as may be prescribed, or delegated to him by or under
this Act and the Statutes, the Ordinances or the Regulations, as the case
may be.
15. In their respective spheres of duties, the Registrar and the Finance
Officer 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 and the Statutes, the
Ordinances or the Regulations, as the case may be.
Supervisory
powers of
the Registrar
and the
Finance
Officer.
349
The Rabindra Bharati Act, 1981.
[West Ben. Act
(Chapter 111.—Authorities of the University—Sections 16, 17.)
CHAP I hR III
Authorities of the Universty.
Authorities. 16. The following shall be authorities of the University:—
(1) the Court;
(2) the Executive Council;
(3) the Faculty Councils;
(4) the Boards of Studies;
(5) the Finance Committee;
(6) such other authorities as may be established under the Statutes.
The Court. 17. (1) The Court shall consist of the following members:—
(a) ex officio members
(i) the Chancellor;
(ii) the Vice-Chancellor;
(iii) the immediately preceding Vice-Chancellor;
(iv) the Secretary, Education Department, Government
of West Bengal;
(v) the Secretary, Finance Department, Government of
West Bengal or his-nominee not below the rank of
Deputy Secretary to the Government of West Bengal;
(vi) the Deans of the Faculty Councils;
(vii) the Principal, Indian College of Arts and
Draftsmanship, Calcutta;
(viii) the President, West Bengal Council of Higher
Secondary Education;
(ix) the President, West Bengal Board of Secondary
Education;
(x) the General Secretary, Rabindra Bharati Society;
(xi) the President, Bangiya Sahitya Parishad;
(xii) the President, The Asiatic Society;
(xiii) the President, Academy of Fine Arts, Calcutta;
(xiv) the Director, Indian Museum, Calcutta;
(b) elected members
(xv) three Professors of the University—one from each
Faculty Council elected jointly by the Professors of
• the University;
350
The Rabindra Bharati Act, 1981.
XXXVI of 1981.]
(Chapter 111.—Authorities of the University.—Section 17.)
(xvi) nine Teachers of the University Departments other
than Professors, of whom four shall belong to the
Departments under the Faculty Council for Post-
Graduate and Undergraduate Studies in Fine Arts,
four shall belong to the Departments under the
Faculty Council for Post-Graduate Studies in Arts
and one shall belong to the Department under the
Faculty Council for Post-Graduate and
Undergraduate Studies in Visual Arts, elected by
such Teachers from amongst themselves;
(xvii) one Teacher other than Principal elected by Teachers
of the affiliated college from amongst themselves;
(xviii) five persons elected by the registered graduates
from amongst themselves;
(xix) one person representing Visva Bharati appointed by
the Chancellor on the recommendation of the
Upacharya (Vice-Chancellor) of Visva Bharati;
(xx) four regular students of the University—at least one
belonging to any of the Departments under each of
the Faculty Councils—elected in the manner
prescribed.
Explanation 1.—For the purpose of this clause,
"regular student" shall mean a student who has
been prosecuting his studies in any post-graduate or
undergraduate Department of the University under
any of the Faculty Councils and who is not in default
of payment of prescribed tuition fees and other dues
to the University till such date as may be notified by
the University in this behalf;
Explanation 11.—Notwithstanding anything
contained elsewhere in thiS Act, a member elected
under this clause shall hold office for a period of two
years from the date of his election or till he ceases to
be a regular student, whichever is earlier;
(xxi) one regular student prosecuting his studies in the
affiliated college elected by such students from
amongst themselves.
Explanation 1.—For the purpose of this clause,
"regular student" shall mean a student who has been
351
The Rabindra Bharati Act, 1981.
[West Ben. Act
(Chapter M.—Authorities of the University.—Section 17.)
prosecuting his studies in the affiliated college and
who is not in default of payment of prescribed
tuition fees and other dues of such college till such
date as may be notified by the University in this
behalf;
Explanation II.—Notwithstanding anything
contained elsewhere in this Act, a member elected
under this clause shall hold office for a period of
three years from the date of his election or till he
ceases to be a regular student, whichever is earlier;
(xxii) one Research Scholar or Research Fellow of the
University elected by such Research Scholars and
Research Fellows.
Explanation1.—"Research Scholar" or "Research
Fellow" shall mean a whole-time Research Scholar
or Research Fellow of the University, who receives
a stipend from the University;
Explanation 11.—Notwithstanding anything
contained elsewhere in this Act, a Research Scholar
or a Research Fellow elected under this clause shall
cease to hold office on the expiration of the term of
Research Scholarship or Research Fellowship, as
the case may be;
(xxiii) three members elected by the members of the non-
teaching staff of the University from amongst
themselves;
(xxiv) one member elected by the members of the non-
teaching staff of the affiliated college from amongst
themselves;
(xxv) one member elected by the officers of the University
from amongst themselves;
(xxv ) one member of the West Bengal Legislative
Assembly elected by the members of the West
Bengal Legislative Assembly from amongst
themselves;
(xxvii) two persons having special knowledge or practical
experience in respect of one or more of the following
subjects, namely, Literature, Philosophy, History,
Fine Arts, Dance, Drama and Music, nominated by
the Chancellor;
(xxviii) one nominee of the Sangeet Natak Academy.
352
The Rabindra Bharati Act, 1981.
XXXVI of 1981.]
(Chapter 111.—Authorities of the University.—Section 18.)
(2) All elections to the Court shall be held in the manner prescribed
by Statutes.
18. (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 functions:—
(i) to e,,_ablish University Departments, institutions, institutes,
centres, libraries and museums for study and research;
(ii) to create and institute, with the approval of the State
Government, Professorships, Readerships, Lectureships,
and such posts including posts of officers as may be
necessary for the establishment of the University
Departments, institutions, institutes, centres, libraries
and museums referred to in clause (1);
(iii to institute degrees, titles, diplomas, certificates and other
academic distinctions;
(iv) to institute fellowships, travelling fellowships, scholarships,
studentships, stipends, bursaries, exhibitions, medals and
prizes to be awarded out of the University Fund;
(v) 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 prescribed,
and have passed such examinations as may be
prescribed, or
(b) have carried on research in accordance with such
conditions as may be prescribed;
(vi) to withdraw or to cancel degrees, titles, diplomas, certificates
or other academic distinctions under such conditions as
may be prescribed by Statutes and after giving the person
affected a reasonable opportunity to present his case;
(vii) to confer honorary degrees or other academic distinctions;
(viii) to consider the Annual Statement of Accounts, the Audit
Report in respect of the Annual Statement of Accounts, the
Internal Audit Report and the Annual Budget 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
adopting, modifying or rejecting the Annual Budget, it
shall be necessary fora majority of the total membership of
the Court to vote in favour of the resolution;
Powers and
functions of
the Court.
353
The Rabindra Bharati Act, 1981.
[West Ben. Act
(Chapter 111.—Authoriaes of the University.—Section 18.)
(ix) to consider the Annual Report as prepared by the Executive
Council and to pass such resolutions relating thereto as
may be considered necessary;
(x) to consider, and advise on, such other reports from the
Executive Council orany other body as may be made to it;
(xi) to consider, and advise on, proposals from the Executive
Council for entering into agreement with the Government
or, with the approval of the State Government, with any
person, body or authority for the taking over by the
University of the management of any affiliated or recognised
college, institution or institute other than a Government
College, including its assets and liabilities, or for any other
purpose not repugnant to the provisions of this Act;
(xii) 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;
(xiii) to consider and suggest measures for the improvement of
the administration and finances of the University, and
generally for the furtherance of its objectives;
(xiv) to make rules for the transaction of its own business;
(xv) to exercise all other powers and perform all other functions
conferred and imposed on the Court by or under this Act.
(2) The Court shall not exercise the powers and perform the functions
referred to in clauses (i) to (vii) 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.
354
The Rabindra Bharati Act, 1981.
XXXVI of 1981.]
(Chapter 111—Authorities of the University.—Sections 19, 20.)
19. (1) The Court shall meet at least thrice in a financial year, other
than for convocation, on date 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 plus one
shall be a quorum for a meeting of the Court:
Provided that such quorum shall not be required at a convocation.
(3) The Vice-Chancellor may, whenever he thinks fit, and shall, upon
a requisition in writing signed by not less than one-third of the total number
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.
20. (1) The Executive Council shall consist of the following
members:—
(a) ex officio members
(i) the Vice-Chancellor;
(ii) the Deans of the Faculty Councils;
(iii) the Secretary, Education Department, Government of
West Bengal;
(iv) the Secretary, Finance Department, Government of
West Bengal or his nominee not below the rank of
Deputy Secretary to the Government of West Bengal;
(v) the President, West Bengal Council of Higher
Secondary Education;
(vi) the Principal, Indian College of Arts and
Draftsmanship, Calcutta;
(vii) the Director, Indian Museum, Calcutta;
(b) other members
(viii) three Professors not belonging to the same Faculty
Council elected jointly by the Professors of the Faculty
Councils from amongst themselves;
(ix) five post-graduate Teachers of the University, other
than Professors, of whom at least one shall he from
each of the Faculty Councils elected jointly by such
Teachers as are members of the Faculty Councils
from amongst themselves;
(x) one Teacher of the University other than Professor
elected by such Teachers other than Professors as are
members of the Court from amongst themselves;
Meeting of
the Court.
The
Executive
Council.
355
The Rabindra Bharati Act, 1981.
[West Ben. Act
Powers and
functions of
the
Executive
Council.
(Chapter 111—Authorities of the University.—Section 21.)
(xi) one person other than a Teacher or a student or a
member of the non-teaching staff or an officer, elected
by the members of the Court from amongst themselves;
(x ii) (a) one post-gi aduate student elected by such students
as are members of the Court from amongst
themselves;
(b) one non-teaching staff of the University elected
jointly by such non-teaching staff of the University
and the affiliated college as are members of the
Court from amongst themselves;
(c) one registered graduate of the University elected
by such registered graduates as are members of
the Court from amongst themselves;
(xiii) two persons nominated by the Chancellor of whom
one shall be a representative of the Rabindra Bharati
Society.
(2) All elections to the Executive Council shall be held in the manner
prescribed by Statutes.
(3) One-third of the total number of members of the Executive
Council plus one shall be a quorum for a meeting of the Executive
Council.
21. Subject to the provisions of this Act, the Executive Council shall
exercise the following powers and perform the following functions:—
(i) to initiate proposals for the making of Statutes and
Ordinances including proposals for amendment orrepeal
thereof, in the manner hereinafter provided;
(ii) to recommend to the Court, after consulting the respective
Faculty Councils, the establishment of University
Departments, institutions, institutes, centres, libraries
and museums for study and research;
(iii) to maintain University Departments, University
Institutions, University libraries and University
museums;
(iv) to establish, maintain, manage and recognize halls and
hostels;
(v) to direct the inspection of University libraries, University
museums, halls and hostels;
(vi) to recommend to the Court, after consulting the respective
Faculty Councils, the institution of fellowships,
356
The Rabindra Bharati Act, 1981.
XXXVI of 1981.]
(Chapter 111.—Authorities of the University.—Section 21.)
travelling fellowships, scholarships, studentships,
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 University;
(vii) to recommend to the Court, after consulting the respective
Faculty Councils, the creation and institution of
Professorships, Readerships, Lectureships and such
posts as may be necessary for the establishment of the
University Departments, institutions, institutes, centres,
libraries and museums referred to in clause (i) of sub-
section (1) of section 18;
(viii) to create, with the approval of the State Government,
posts of officers, Teachers and other employees of the
University or to recommend to the Court for creation of
posts of officers and Teachers of the University;
(ix) to prescribe the minimum qualifications for posts of
officers, Teachers and other employees of the University;
(x) to appoint Teachers, officers and other employees of the
University and to fix their emoluments and define their
duties and other terms and conditions of service in
accordance with the Statutes and the Ordinances and to
suspend, discharge or otherwise punish in accordance
With the Statutes and the Ordinances such Teachers,
officers and other employees;
(xi) to pass appropriate orders after considering the
recommendation of the respective Faculty Council
regarding affiliation of a college, institution, institute or
centre in one or more subjects or withdrawal of affiliation
or recognition of a college, institution, institute or
centre or temporary take over of the management of an
affiliated or a recognized college, institution, institute
or centre;
(xii) to make draft of Statutes, on the recommendation of the
respective Faculty Council, for colleges, other than
Government Colleges, prescribing the constitution,
powers and functions of their Governing Bodies;
(xi ii) to determine, with the approval of the State Government,
the terms and conditions of service of Librarians and
non-teaching staff;
357
The Rabindra Bharati Act, 1981.
[West Ben. Act
(Chapter 111.—Authorities of the University.—Section 21.)
(xiv) to make rules for Teachers' Councils for colleges and,
with the approval of the State Government, rules for
provident fund for colleges;
(xv ) to prescribe and collect fees or charges for the registration
of students and their admission to courses of studies
organised by the University, for holding examinations,
for the grant of degrees, diplomas and certificates, and
for other like purposes;
(xvi) to recommend to the Court, after consulting the respective
Faculty Councils, the institution of degrees, titles,
diplomas, certificates and other academic distinctions;
(xvii) 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 the prescribed courses of
studies or have been exempted therefrom in the
prescribed manner, and have passed such examinations,
or have carried on research under such conditions, as
may be prescribed;
(xviii) to recommend to the Court the conferment of honorary
degrees and other academic distinctions;
(xix) to approve the constitution or reconstitution of the
respective department of teaching in the University on
the recommendation of the respective Faculty Council;
(xx) to make regulations regarding the courses of studies and
the division of subjects after obtaining and considering
the recommendation of the Faculty Councils in this
regard;
(xxi) to make regulations regarding the examinations which
shall be recognized as the equivalent examinations held
by the University;
(xxii) 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;
(xxiii) to make regulations regarding all other matters which
may be or are required to be prescribed or provided for
by regulations;
358
The Rabindra Bharati Act, 1981.
XXXVI of 1981.]
(Chapter 111.—Authoraies of the University.—Section 21.)
(xxiv) to provide for co-operation and reciprocity among
colleges, institutions, and centres and the University so
as to foster the development of academic life and to
ensure the fullest utilisation of the teaching resources
available on the recommendation of the respective
Faculty Council;
(xxv) to give directions regarding the form, custody and use of
the common seal of the University;
(xxvi) 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 at not less than one lakh of rupees,
previous approval of the Court shall be necessary;
(xxvii) to accept and administer gifts, endowments and
benefactions for the furtherance of the purposes of this
Act;
(xxviii) to accept grants and with the approval of the State
Government, 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;
(xxix) to enter into an agreement with the State Government or
with the approval of the State Government with any
other Government or with any person, body or authority
for the taking over by the University of the management
of any college, institution, institute or centre, 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 concerned;
(xxx) to manage the Press Establishment, the Publication
Bureau and the Employment Bureau of the University,
if any, and to exercise general supervision over Students'
Unions, University Extension Boards, University Sports
Board and other bodies instituted by the University;
(xxxi) to approve the Annual Statement of Accounts, the Audit
Report in respect of the Annual Statement of Accounts,
the Internal Audit Report and the Annual Budget of
the University and to submit the same to the Court
for consideration;
359
The Rabindra Bharati Act, 1981.
[West Ben. Act
(Chapter 111.—Authorines of the University.—Section 22.)
(xxxii) to prepare the annual report and submit the same to the
Court for consideration;
(xxxi i) to make due provisions 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;
(xxxiv) 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;
(xxxv) to make rules for the transaction of its own business;
(xxxvi) to exercise all other powers and perform all other
functions conferred and imposed on the Executive
Council by or under this Act;
(xxxvii) to exercise general supervision over the Faculty
Councils and give such directions to these Councils
for the due discharge of their respective duties as it
may consider necessary.
The Faculty
Councils.
22. (1) There shall be the following Faculty Councils:—
(a) the Faculty Council for Post-Graduate and Undergraduate
Studies in Fine Arts;
(l) the Faculty Council for Post-Graduate and Undergraduate
Studies in Visual Arts;
(c) the Faculty Council for Post-Graduate Studies in Arts;
(2) Each Faculty Council shall consist of the following members:—
(i) the Vice-Chancellor—Chairman;
(ii) the Head or Heads of the Department or Departments
concerned;
(iii) the Professor or Professors of the Department or Departments
concerned;
(iv) one Teacher other than Professor from each of the Departments
under the Faculty Council concerned elected jointly by such
Teachers from amongst themselves;
(v) two persons having special knowledge in the subject or
subjects concerned nominated by the Vice-Chancellor. .
360
The Rabindra Bharati Act, 1981.
XXX VI of 1981.]
(Chapter 111.—Authorities of the University.—Section 23.)
(3) The Faculty Council for Post-Graduate and Undergraduate Studies
in Visual Arts shall have, in addition, the following member, namely:—
the Principal, Indian College of Arts and Draftsmanship, Calcutta.
(4) Each Faculty Council shall have a Secretary to be appointed by the
Executive Council.
(5) One-third of the total number of members of a Faculty Council
plus one shall be a quorum for a meeting of the Faculty Council.
23: Subject to the provisions of this Act, and the Statutes, the Ordinances Powers and
and the Regulations, a Faculty Council shall exercise the following functions of
the Faculty
powers and perform the following functions:— Council.
(i) to make proposals to the Executive Council for the
establishment of the University Departments, institutions,
institutes, centres, libraries and museums for, study and
research to be maintained by. the University;
(ii) to recommend to the Executive Council the affiliation of a
college, institution or institute in one or more subjects;
(iii) to re‘Commendito the Executive Couticil the creation and
institution of Professorship's, Readet-ships, Lectureships
and other teaching posts and the duties and emoluments
thereof;
(iv) to make proposals to the Executive Council for the
proinotion 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 thereof;
(v) to recommend to the Executive Council the minimum
qualifications for the posts of Teachers of the University;
(vi) to make proposals to the Executive Council regarding
provisions to be made for enabling the University to
undertake specialisation of studies and for organisation of
libraries, museums, institutes of research and other
institutions or institutes, maintained by the University;
(vii) i ) to make proposals to the Executive Council for constituting
or reconstituting the departments of teaching in the
University;
(viii) to make provisions for lectures and instructions for students
of affiliated colleges, institutions, institutes and University
Departments, and also for other persons who are not such
students;
361
The Rabindra Bharati Act, 1981.
[West Ben. Act
(Chapter [LL—Authorities of the University.—Section 23.)
(ix) to advise the Executive Council on the institution of
degrees, titles, diplomas, certificates and other academic
distinctions;
(x) to fix the date of commencement of, and to hold and
conduct, subject to general supervision by the Executive
Council, University examinations at the post-graduate and
undergraduate stages and to approve and publish the results
thereof in accordance with the regulations made in this
behalf;
(xi) to provide for the inspection or the investigation into the
affairs of University Departments and submit report to the
Executive Council;
(xii) to provide for the inspection or the investigation into the
affairs of the affiliated college, institutions or institutes
recognised by the University and submit report to the
Executive Council and to exercise general supervision and
control over them;
(xiii) to have general supervision over the Boards of Studies
attached to the Faculty Council;
(xiv) to frame rules relating to the courses of post-graduate and
undergraduate studies and division of subjects in regard
thereto and to recommend to the Executive Council the
making of regulations in this behalf;
(xv) to recommend to the Executive Council the disaffiliation
or withdrawal of affiliation of any college, institution or
institute in respect of any subject or subjects, if on receipt
of written report from a team of Inspectors appointed by the
University, the Faculty Council is of opinion that proper
standard of teaching is not maintained or conditions of
affiliation are not properly fulfilled or the results of the
candidates sent up by the college, institution or institute for
any examination are unsatisfactory or the college, institution
or institute fails to comply w ith the directives of the Faculty
Council;
(xvi) to recommend to the Executive Council the temporary take
over of the management of an affiliated or recognized
college, institution or institute, other than a Government
College, in order to ensure that proper standard of teaching,
training or instruction is maintained therein;
362
The Rabindra Bharati Act, 1981.
XXXVI of 1981.]
(Chapter 111.—Authorities of the University.—Section 24.)
(xvii) to recommend to the Executive Council the dissolution of
the Governing Body of an affiliated college, institution or
institute, other than a Government College, and pending
reconstitution of the Governing Body, the appointment of
an Administrator or an ad hoc Governing Body;
(xviii) 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 and undergraduate studies
including the subjects for doctoral thesis and for prizes and
medals;
(x x) 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;
(xx) 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;
(xxi) to maintain contact with other Faculty Councils for the
purpose of sharing ideas and ensuring co-ordination;
(xxii) to submit each year its annual report to the Executive
Council;
(xxiii) to make rules for the transaction of its own business;
(xxiv) to exercise all other powers and perform all other fiLnctions
conferred and imposed on it by or under this Act; •
(xxv) 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;
(xxvi) to recommend to the ExecutiYe Council the conferment of
degrees, diplomas and certificates.
24. (1) There shall be a Dean for each Faculty Council who shall be Dean.
a Professor of the University.
(2) The Dean shall be elected by the members of the Faculty Council
and shall act as Vice-Chairman of the Faculty Council:
Provided that where there is only one Professor under any Faculty
Council, such Professor shall be the Dean for such Faculty Council.
(3) The Dean shall hold office for such term, and shall exercise such
powers and perform such functions, as may be prescribed by Statutes.
363
The Rabindra Bharati Act, 1981.
[West Ben. Act
(Chapter 111.—Authorities of the University.—Sections 25-27.)
The Boards
of Studies.
The
Finance
Committee.
Selection
Committee
Cm teaching
pons.
25. There shall be Boards of Studies attached to every Faculty
Council. The constitution of the Boards of Studies shall be prescribed by
Statutes and the powers and functions of the Boards shall be prescribed by
Regulations.
26. (1) There shall be a Finance Committee with the Vice-Chancellor
as the Chairman. The constitution, powers and functions of the Finance
Committee shall be prescribed by Statutes and its procedure in financial
matters, including the delegation of its powers, shall be prescribed by
Ordinances.
27. (I) A University Professor shall be appointed by the Executive
Council on the recommendation of a Selection Committee consisting of—
(i) the Vice-Chancellor as Chairman;
(ii) the Dean of the Faculty Council concerned;
(iii) a person, not holding any office of profit under the University
and having special knowledge of the subject which the
Professor will teach, nominated by the Chancellor;
( iv) two persons, not holding any office of profit under the
University and having special knowledge of the subject
which the Professor will teach. nominated by the Executive
Council.
(2) A University Reader of a University Lecturer shall be appointed
by the Executive Council on the recommendation of a Selection Committee
consisting of—
(i) the Vice-Chancellor as Chairman;
(ii) the Dean of the Faculty Council concerned:
(iii) the Head of the Department concerned, if any;
(iv) a person, not holding any office of profit under the University
and having special knowledge of the subject which
the Reader or the Lecturer will teach, nominated by the
Chancellor;
(v) two persons, not holding any office of profit under the
University and having special knowledge of the subject
which the Reader or the Lecturer will teach, nominated by
the Executive Council.
364
The Rabindra Bharati Act, 1981.
XXXVI of 1981.]
(Chapter 111.—Authorities of the University.—Sections 28-30.)
28. (1) Three members of whom at least two shall be persons having
special knowledge in the subject concerned, shall be a quorum for a
meeting of a Selection Committee.
(2) If the Executive Council 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 Executive
Council 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 be final.
29. (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 as may
be prescribed by Ordinances.
(2) A Teacher 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.
(4) On satisfactory completion of the period of probation, a Teacher
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.
30. 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.
Procedure
for holding
meetings of
Selection
Committee.
Letter of
appoint-
merit of
Teachers,
officers and
employees.
Tern-mina-
non of
service of
temporary
Teacher,
officer Or
CIDployec.
365
The Rabindra Bharati Act, 1981.
[West Ben. Act
(Chapter 11I.—Authorities of the University.—Sections 31, 32.—
Chapter IV.—General provisions governing all authorities or
other bodies of the University.—Section 33.)
Standing
Committee
for selection
of officers or
employees.
31. The Executive Council may constitute standing committee or
standing committees for selection of persons for appointment to the posts
of officers and to the other non-teaching posts and may, subject to the
provisions of this Act, prescribe by Ordinance the procedure and the
method of such selection.
Tribunal. 32. (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 by the University 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, who shall be nominated by the Chancellor in
consultation with the Minister;
(ii) one person to be nominated by the Executive Council;
(iii) one person to be nominated by the Teacher, officer or
employee concerned.
(2) Any appeal from an employee of the University in 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) The decision of the Tribunal shall be final and no suit or proceed-
ing shall lie in any civil court m respect of the matters decided by the
Tribunal.
(5) 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 Act, 1940, and all the provisions of that Act
with the exception of section 2 thereof shall apply accordingly.
CHAPTER IV
Central provisions governing all authorities or other
bodies of the University
10 of 1940.
Disqualifica-
ions.
33. (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 a deaf-mute, or
366
The Rabindra Bharati Act, 1981.
XXXVI of 1981.]
(Chapter IV—General provisions governing all authorities or
other bodies of the University.—Sections 34, 35.)
(ii) is an undischarged insolvent, or
(iii) has been convicted by a court of law for an offence involv-
ing 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:
Provided that this sub-section shall not apply in the case of an
election of members of the Court to the Executive Council, and the
Faculty Councils.
34. (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 causal 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.
35. (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 cease to belong to that constituency.
Terms of
office of
members.
Cessation of
membership
in certain
cases.
367
The Rahindra Bharati Act, 1981.
[West Ben. Act
(Chapter IV—General provisions governing all authorities or
other bodies of the University.—Sections 36-38.)
Filhngof 36. (1) Any casual vacancy among the elected members of any
yattancies. authority or body of the University shall be filled, in such manner and
within such time as may be prescribed, 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 •
prescribed, by nomination by the person or authority that nominated the
member whose seat has become vacant.
(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
he 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 so
however that the aggregate period shall not exceed one year, from the
date on which the vacancies arise, as the Vice-Chancellor may fix.
37. 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.
38. (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 as, 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 prescribed by
Statutes.
(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 post thereof and directing 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.
(4) No suit or proceeding shall lie in any civil court against a
decision or an order of the Election Tribunal under sub-section (1) or
sub-section (3), as the case may be.
Proceedings
of the
University
or the
authorities
or bodies
of the
University
not
invalidated
by
vacancies.
Election
Tribunal.
368
The Rabindra Bharati Act, 1981.
XXXVI of 1981.]
(Chapter IV.—General provisions governing all authorities or other
bodies of the University.—Section 39.—Chapter V.—Funds of the
University, Accounts, Audit and Inspection.—Sections 40-42.)
39. At a meeting of the Court, the Executive Council, the Faculty
Councils 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
40. 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, grants, 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 endowments, trusts or specific grant or grants for other
special purposes.
41. (1) The budget of the University showing the receipt and
expenditure of the University on different accounts for a financial year
shall be submitted to the State Government for approval at least four
months before the beginning of such financial year in such form as may
be specified by the State Government.
(2) The State Government shall, within fifteen days of commencement
of the financial year to which the budget relates, communicate its approval
or otherwise of the budget to 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.
(3) 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 account in excess of the
amount specified in the budget on that account.
Casting vote
by the
Chairman.
The
University
Fund.
General
limitation of
financial
powers
of the
University.
19 of 1925,
42. Any provident fund instituted by the University for the benefit Provident
of its employees shall be governed by the provisions of the Provident Fund.
Funds Act, 1925, as if such fund were a 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.
369
The Rabindra Bharati Act, 1981.
[West Ben. Act
(Chapter V.—Funds of the University, Accounts, Audit and
Inspection.—Sections 43, 44.)
Annual
Accounts
and Audit.
43. (1) The Annual Statement of Accounts of the University 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. The Court
shall consider the audited annual accounts at a meeting and may take
such action thereon as it thinks fit.
(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.
Inspection. 44. (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
equipments,
(ii) of the college affiliated to the University, and
(iii) into all affairs of the University and of such college
including examination and other work conducted or
done by the University or such college, and
(b) to cause an equiry to be made into the income, expenditure,
properties, assets and liabilities of the University and of the
college affiliated to the University.
(2) The State Government shall, in every such case of inspection or
enquiry, give notice to the University, and if the inspection or enquiry
relates to the college affiliated to the University, both to the University
and the college, of its intention to cause such inspection or enquiry.
(3) The State Government shall communicate to the Court and the
Executive Council or to such college 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
thereon, advise the University or such college regarding the action which
the State Government considers fit to be taken by the University or by
such college in the matters concerned and the University or such college
370
The Rabindra Bharati Act, 1981.
XXXVI of 1981.]
(Chapter VI.—Statutes, Ordinances, Regulations and Rules.—
Section 45.)
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 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, as the case
may be, 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 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, Regulations and Rules
45. 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 (4) of section 7;
(b) the establishment of authorities of the University referred
to in clause (6) of section 16;
(c) the appointment, 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 appointment of teachers and other employees of the
University, their emoluments, duties and terms and conditions
of service;
(e) 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;
(f) the rules and procedure for holding elections to the Court,
the Executive Council and other authorities and bodies of
the University;
(g) 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;
(h) the constitution, powers and functions of the Governing
Bodies of colleges, other than Government Colleges;
Statutes.
371
The Rabincira Bharati Act, 1981.
[West Ben. Act
(Chapter Ill.—Statutes, Ordinances, Regulations and Rules.—
Section 46.)
(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;
(j) the rules for Provident Funds for Teachers of colleges,
other than Government Colleges;
(k) the rules for the institution of Provident Fund, pension fund
and gratuity for the benefit of the Teachers, officers and
other employees of the University;
(I) the holding of convocations to confer degrees, titles,
diplomas, certificates and other academic distinctions,
including honorary degrees and distinctions;
(m) the conditions for the registration of graduates of the
University and for the maintenance of a Register for
registered graduates;
(n) the minimum qualifications for Principals, Teachers and
Teachers of the University;
(o) all other matters which under this Act are required to be or
may be prescribed by Statutes.
How to
make
Statutes.
46. (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 meetings 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 deemd 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 reconsideration. 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 or meetings 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 the 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.
372
The Rabindra Bharati Act, 1981.
XXXVI of 1981.]
(Chapter VL—Statutes, Ordinances, Regulations and Rules.—
Section 47.)
(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.
47. 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 of fees 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 recognized by it, and the levy of fees for
residence in halls;
(d) rules for the establishment, maintenance and management
of University Libraries, University Museums, halls and other
University Institutions for study, research and residence;
(e) 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;
(f) 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;
(g) 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;
(h) 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;
(i) rules for the imposition and collection of fees, fines and
other dues payable to the University;
(j) the duties and functions of the Teachers of the University
including the Heads of Departments;
(k) rules for the registration of students;
Ordinances.
373
The Rabindra Bharati Act, 1981.
[West Ben. Act
(Chapter Vt.—Statutes, Ordinances, Regulations and Rules.—
Sections 48, 49.)
(1) the appointment, duties and remuneration of examiners;
(m) rules for the administration of gifts, endowments and
benefications, and for the institution and award of
fellowships, scholarships, studentships, stipends, bursaries,
exhibitions, medals and prizes;
(n) 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;
(o) all other matters which under this Act or the Statutes are
required to be or may be prescribed by Ordinances.
How to
make
Ordinances.
48. (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.
(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 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.
Regulations. 49. 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;
374
The Rabindra Bharati Act, 1981.
XXXVI of 1981.]
(Chapter VI.—Statutes, Ordinances, Regulations and Rules.—
Sections 50, 51.)
(c) the conditions for admission of students to the different
courses of study and examinations;
(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 concerned;
(f) all other matters which under this Act or the Statutes or the
Ordinances are required to be or may be prescribed by
Regulations.
50. (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 Regulation
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 powers, by a resolution passed by the
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.
How to
make
Regulations.
51. Subject to the provisions of this Act and the Statutes, the Rules.
Ordinances and the Regulations, Rules may be made for the purpose
' of duly carrying out the provisions of, or exercising the powers
conferred by, this Act or to provide for matters which, by the Statutes,
the Ordinances or the Regulations, are required to be prescribed by
Rules.
375
The Rabindra Bharat' Act, 1981.
[West Ben. Act
(Chapter V1L—Miscellaneous and Transitory provisions.—
Section 52.)
CHAP I ER VII
Delegation.
Miscellaneous and Transitory provisions
52. (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 prescribed 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,
(ii) the Executive Council,
(iii) a committee constituted from among its own members,
or
(iv) a committee appointed in accordance with the Statutes;
(h) the Executive Council may delegate any of its powers or
duties conferred or imposed by or under this Act, to—
(i) the Vice-Chancellor,
(ii) a committee constituted from among its own members,
(iii) a committee constituted in accordance with the Statutes
or the Ordinances,
(iv) any of the Faculty Councils, or
(v) the Finance Committee;
(c) the Faculty Council may delegate any of its powers or duties,
conferred or imposed by or under this Act, to—
(i) the Vice-Chancellor,
(ii) a committee constituted from among its own members,
(iii) a committee constituted in accordance with the
Regulations, or
(iv) any of the Boards 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.
376
The Rabindra Bharati Act, 1981.
XXXVI of 1981.]
(Chapter VII. Miscellaneous and Transitory provisions.—
Sections 53-55.)
53. All properties and all rights of whatever kind used, enjoyed or
possessed by, and all interests of whatever kind owned by or vested in
or held in trust by or for, the University known as Rabindra Bharati as
constituted prior to the appointed day (hereinafter referred to as the
former University) as well as all liabilities legally subsisting against the
former University shall pass to the University as constituted under this
Act.
54. Notwithstanding anything contained in this Act, the Statutes, the
Ordinances and the Regulations, any student of a college affiliated to
the former University, who was studying for any examination of the
former University, shall be permitted to complete his course in preparation
therefor and 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 prescribed.
Passing of
properties
and rights.
etc.
Completion
of courses of
studies in
colleges
affiliated to
the former
University.
55. (1) The Vice-Chancellor holding office at the date of publication Transitory
of this Act in the Official Gazette shall be the first Vice-Chancellor of provisions
and repeal.
the University and shall be deemed to have been appointed under this
Act and shall hold office for a period of two years from the date of
publication of this Act in the Official Gazette or till he attains the age
of 65 years, whichever is earlier.
(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
Statutes, the Ordinances and the Regulations of the former University
to be revised and, if he considers it necessary, cause them to be
amended.
(3) The first Vice-Chancellor shall, within six months from the date
of publication of this Act in the Official Gazette or within such longer
period, not exceeding one year from the date of publication of this Act
in the Official Gazette, as the State Government may by notification
direct, cause arrangements to be made for constituting the Court, the
Executive Council, the Faculty Councils and the Boards of Studies in
accordance with the provisions of the Statutes, the Ordinances and the
Regulations of the former University as reviewed or amended under
sub-section (2), as if they had already come into force.
377
The Rabindra Bharati Act, 1981.
[West Ben. Act
(Chapter VB.—Miscellaneous and Transito.ty provisions.—
Section 55.)
(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 purposes
of this section for such period not exceeding one year as the
Chancellor thinks fit, or .
(b) a vac-ahcy 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 one year as the Chancllor 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 and the Boards of Studies shall commence
to exercise their respective functions and the Statutes, the Ordinances
and the 'Regulations of the former University as revised or amended
under sub-section (2) shall come into force and be the Statutes, the
Ordinairc'eS and the Regulations of the University.
(6) The Statutes, the Ordinances and the 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) (a) The Rabindra Bharati (Temporary Supersession) Act, 1975
(hereinafter referred to in this sub-section as the said Act) shall stand
repealed with effect from the date of publication of this Act in the
Official Gazette.
(b) Notwithstanding such repeal,—
(i) until the appointed day, the Rabindra Bharati University
Council, referred to in clause (b) of section 4 of the said
Act, shall continue. to exercise all the powers and perform
all the duties in the manner and on the terms and conditions
provided in the said Act, and
West Ben.
Act XLIII of
1975.
378
The Rabindra Bharati Act, 1981.
XXXVI of 1981.]
(Chapter VIL-4/liscellaneous and Transitory provisions.—
Section 55.)
(ii) anything done or any action taken under the said Act shall
be deemed to have been validly done or taken under this
Act.
\‘'et Ben.
Ad XXIX
of 1961.
(8) 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.
(9) On and from the appointed day the Rabindra Bharati Act, 1961
shall stand repealed and thereupon—
(a) the Statutes, the Ordinances and the Regulations of the
former University shall, subject to the provisions of sub-
section (5), stand repealed and all authorities or bodies Of
the former University shall cease to function;
(b) all colleges and institutions affiliated to or recognised by
the former University and continuing as such immediately_
before the appointed day shall be deemed to be affiliated
to, or recognised by, the University;
(c) all colleges or institutions of whatever kind established,
maintained or managed by the former University prior to
the appointed day shall be deemed to be colleges or
- institutions established, maintained or managed by the
University under this Act;
(d) all affairs, functions or activities of the former 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;
(e) :all things done or deemed to have been done, and all
actions taken or deemed to have been taken and all
appointments made by the foraier University under the
Rabindra Bharati Act, 1961. 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 inlorce
when such things were done or such actions were taken- Of,
such appointments were made:
Provided that until such repeal, references to the Vice-
Chancellor under the said Act shall be deemed to be
references to the first Vice-Chancellor under this Act.
379
The Rabindra Bharati Act, 1981.
[West Ben. Act XXXVI of 1981.]
(Chapter VII. Miscellaneousand Transitory provisions.—
Section 56.)
Removal of
di fficulties.
(10) In construing the provisions of section 17, section 20 and
section 22 and in construing the provisions of the Statutes, the Ordinances
and the Regulations of the University in relation to the constitution,
under this section, of the Court, the Executive Council, the Faculty
Councils and the Boards of Studies, references to the heads of departments
of teaching of the University, the University Professors, University
Readers and University Lecturers, and Teachers of the University shall
he deemed to be references to the persons holding offices respectively
as the heads of departments of teaching, Professors, Readers, LecturerS
and Teachers of the University known as Rabindra Bharati, immediately
before the date of appointment of the first Vice-Chancellor.
(11) The provisions of this section shall have effect notwith-
standing anything to the contrary contained elsewhere in this Act or in
any other law.
56. 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 constitution of any authority of the University under this Act, or
otherwise in giving effect to the provisions 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.
380
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About this act
- Jurisdiction
- West Bengal
- Enactment date
- 1981-10-26
- Sections available
- Document reader
India Code, Government of India. Text fetched 18 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.