Alipurduar University Act, 2018
No: 17 Dated: Oct, 01 2018
THE ALIPURDUAR UNIVERSITY ACT, 2018
West Bengal Act XVII of 2018
An Act to provide for constitution of the Alipurduar University and for certain matters connected therewith and incidental thereto.
Whereas it is expedient to constitute the Alipurduar University in the district of Alipurduar on the land and properties of the existing Alipurduar College by abolishing the existing Alipurduar College, and to enable the University to function efficiently as a teaching, training and research centre in various branches of learning and courses of study, including Humanities, Social and Basic Sciences, management studies on tea, forestry, mountaineering and earth sciences and promoting advancement and dissemination of knowledge and learning, and extending higher education, to meet the requirements of higher education and research in the subjects and to serve the society and the nation:
It is hereby enacted in the Sixty-ninth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
CHAPTER I
Preliminary
1. Short title and commencement. - (1) This Act may be called the Alipurduar University Act, 2018.
(2) This section, section 62, section 63, section 64, section 65, section 66 and section 67 shall come into force at once; and the remaining provisions of this Act shall come into force on such date or dates as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(1) "appointed day" means the date referred to in sub-section (5) of section 63;
(2) "affiliated" in relation to a college or an institution means affiliated to the University under this Act, in which instruction is provided, under prescribed conditions, for General courses of study, Professional courses of study, Vocational courses of study, etc. at the undergraduate as well as at the Post-graduate levels of study;
(3) "autonomous college" means a college affiliated to the University and enjoying academic freedom to:-
(a) determine its own courses of study and syllabi;
(b) determine rules of admission subject to the reservation policy of the State Government; and
(c) evolve methods of conducting examination and evaluation, under the guidelines and overall supervision of the University;
(4) "convocation" means a meeting of the Court for the purpose of conferring degrees, titles, diplomas, certificates or other academic distinctions;
(5) "Constituent College" means an affiliated college in which instruction is provided, under prescribed conditions, for honours as well as for post-graduate courses of study, and which is declared as such by the University:
Provided that, if in any professional subject no honours courses of study have been prescribed, a professional college may be a constituent college although no instruction is provided in that college for honours courses of study in that subject;
(6) "Director of Public Instructions" means the Director of Public Instructions, West Bengal, as may be appointed by the State Government, by order;
(7) "distance education" means instruction imparted through correspondence or distance mode as recognized by the appropriate regulatory authority and the State Government;
(8) "employee" in relation to the University means a person employed by the University and includes the employees of the existing college who had been appointed in a permanent substantive post and absorbed or appointed subsequently in the University in due course subjected to the specific provisions of this Act:
(9) "existing college" means the Alipurduar College, a Government-aided college, receiving regular grants from the State Government;
(10) "financial year" means the year ending on the 31st day of March;
(11) "Government college" means a college which is maintained and managed by the State Government;
(12) "Governor" means the Governor of the State of West Bengal;
(13) "hall" or "hostel" means a unit of residence of students maintained by the University;
(14) "Librarian" means,-
(a) in relation to the University, a Librarian or any other person holding a post of Librarian, by whatever name called, appointed as such by the University, and
(b) in relation to a college affiliated to the University, Librarian or any other person holding a post of Librarian, by whatever name called, appointed by such college with prior approval of the State Government;
(15) "Minister" means the Minister-in-Charge, Department of Higher Education, Science and Technology and Biotechnology, appointed as such by the Governor;
(16) "non-teaching staff" means,-
(i) in relation to the University, the non-teaching staff appointed as such by the University not holding any teaching post or a person not holding the post of an Officer or a person not holding the post of Librarian, by whatever name called;
(ii) in relation to an affiliated college, the non-teaching staff, not holding any teaching post (including part-time teaching post), appointed by such college, but does not include a Librarian;
(17) "prescribed" means prescribed by rules made under this Act;
(18) "Principal" means the head of a college or of an institution, by whatever name called;
(19) "private college" means a college which is fully financed, maintained and managed by private organization;
(20) "professional college" means a college affiliated to the University in which instruction is provided primarily for courses of study leading to any degree, diploma or certificate of the University in any professional subject and which is recognized under this Act as a professional college;
(21) "professional subject" means any of the following subjects, namely, law, teachers' training, engineering, technology, agriculture, library and information science, mass communication and journalism, management studies or such other subject as may be provided by Regulations;
(22) "registered graduate" means a graduate registered in the University on making application in the prescribed form and on payment of a fee and in such manner as may he provided by the Statutes:
(23) "State Government" means the Government of West Bengal in the Higher Education, Science and Technology and Biotechnology Department;
(24) "Statutes", "Ordinances", and "Regulations" shall mean respectively, the Statutes, Ordinances and Regulations made under this Act;
(25) "Students' Council" means,-
(a) in relation to the University, the Students' Council constituted in the manner prescribed under the rules made by the State Government in this behalf; and
(b) in relation to an affiliated college, the Students' Council constituted in the manner prescribed under the rules made by the State Government in this behalf;
(26) "teacher of college" means a Professor, an Associate Professor or an Assistant Professor or a Reader holding a whole time substantive teaching post and appointed in a permanent vacancy in a college or recognized as such by the State Government;
(27) "teacher of University" means a Professor, an Associate Professor or an Assistant Professor or any other person, holding a whole time substantive teaching post and appointed in a permanent vacancy in the University or recognized as such by the University with prior approval of the State Government;
(28) "University" means the Alipurduar University as constituted under this Act;
(29) "University College" means a college, or an institute, or a college combined with an institute, maintained and managed by the University, whether established by it or not;
(30) "University Laboratory", "University Library", "University Museum", or "University Institution" means a laboratory, a library, a museum or an institution, as the case may be, maintained and managed by the University, whether established by it or not.
(31) "Vice-Chancellor" means the Vice-Chancellor of the University.
CHAPTER II
University and its Officers
3. The University. - (1) The Chancellor and the first Vice-Chancellor of the University and the first members of the University Council, and all persons who may hereafter become the Vice-Chancellor of the University or the members of the University Council, the Court or the Executive Council, so long as they continue to hold such office or membership, shall constitute a body corporate by the name of the Alipurduar University.
(2) The University shall have perpetual succession and a common seal and shall have powers to sue and be sued by the name of the Alipurduar University.