Bidhan Chandra Krishi Viswa Vidyalaya (Temporary Supersession) Act, 2012
No: 24 Dated: Nov, 01 2012
THE BIDHAN CHANDRA !OMNI VISWA VIDYALAYA (TEMPORARY SUPERSESSION) ACT, 2012
West Bengal Act XXIV of 2012
An Act to provide for the temporary supersession of the Bidhan Chandra Krishi Viswa Vidyalaya.
Whereas it is expedient to provide for the temporary supersession of the Bidhan Chandra Krishi Viswa Vidyalaya for the purposes and in the manner hereinafter appearing;
It is hereby enacted in the Sixty-third Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. Short title and commencement. - (1) This Act may be called the Bidhan Chandra Krishi Viswa Vidyalaya (Temporary Supersession) Act, 2012.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions. - (1) In this Act, unless the context otherwise requires,-
(a) "the Act" means the Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974 (West Ben. Act XLIX of 1974);
(b) "the Council" means the Bidhan Chandra Krishi Viswa Vidyalaya Council referred to in clause (b) of section 4 of this Act;
(c) "Minister" means the Minister-in-charge, Department of Agriculture, Government of West Bengal;
(d) "the University" means the Bidhan Chandra Krishi Viswa Vidyalaya constituted under section 3 of the Act.
(2) Words and expressions used and not defined in this Act but defined in the Act, shall have the same meanings as respectively assigned to them in the Act.
3. Supersession of University. - (1) Whereas circumstances exist which render it necessary to take immediate action in providing for the supersession of the Bidhan Chandra Krishi Viswa Vidyalaya, it is hereby declared that University shall, with effect from the date of coming into force of this Act and for a period of one year thereafter, stand superseded.
(2) The State Government may, by notification in the Official Gazette, extend the period referred to in sub-section (1) from time to time which shall not exceed a period of six months at a time and the aggregate period of supersession shall not, however, exceed two years in all.
4. Effect of supersession. - With effect from the date of coming into force of this Act,-
(a) all the members of the University, excepting the Chancellor and those referred to in clauses (c) to (j), (n) and (p) to (r) of sub-section (2) of section 3 of the Act, and the members of the Board of Management, the Academic Council, the Board of Studies of the different Faculties and all authorities of the University declared by Statutes, if any, made under the Act, shall vacate their respective offices;
(b) all the powers, functions and duties assigned to the University, the Board of Management, the Academic Council, the Board of Studies of the different Faculties and all the authorities of the University under the Act or any Statute or Regulation made thereunder shall be exercised by the Council to be known as the Bidhan Chandra Krishi Viswa Vidyalaya Council in the manner provided in section 5.
5. Members of Council. - The Council shall be comprised of the Chancellor, the Vice-Chancellor appointed under section 9 of this Act, Pro-Vice-Chancellor, if any, and members referred to in clauses (c) to (j), (n) and (p) to (r) of sub-section (2) of section 3 of the Act, and ten members to be nominated by the Chancellor in consultation with the Minister from amongst the Deans of faculties and teachers of the University including one of the Principals or Head of the Institutions established, managed, maintained or affiliated, to the University.
6. Powers and functions of Council and delegation of such powers by Council. - The Council so constituted under section 5, shall carry on the functions of the University, the Board of Management, the Academic Council, the Board of Studies and other bodies constituted under the Act or Statutes:
Provided that the Council may, with the approval of the Chancellor, delegate any of its powers or functions to such body or bodies as may be constituted with selected members of the Council to carry on the functions assigned to the Board of Management, the Academic Council, the Board of Studies and other bodies constituted under the Act or Statutes and the Council may also appoint persons, connected with the affairs of the University, to advise or assist the body or bodies constituted:
Provided further that any vacancy in the Council or body or bodies, if any, constituted by the Council, due to omission, initial or subsequent, to nominated members, death, resignation or otherwise, shall not invalidate the proceedings of the Council or the body or bodies constituted:
Provided also that the delegation shall not prevent the exercise of any such powers or performance of any such duties by the Council and the Council may also alter or set aside a decision of the body or bodies constituted.
7. Meetings of Council and of any body or bodies constituted by Council. - Twenty-five per centum of the members of the Council shall form the quorum for a meeting of the Council and twenty-five per centum of the members of the body or bodies to which functions may be delegated under section 6, shall form the quorum for a meeting of such body or bodies constituted by the Council:
Provided that the Vice-Chancellor and in his absence, the Pro-Vice-Chancellor shall preside in any meeting of the Council or body in which he may be present and in absence of both of them, the members present shall, by a majority vote, elect the President for the meeting.
8. Act, Statutes and Regulations to stand modified. - All the provisions in the Act, Statutes or Regulations shall, if in conflict with the provisions of this Act, stand modified:
Provided that nothing in this section shall affect the powers of the Chancellor under the Act, Statutes or Regulations.
9. Appointment of Vice-Chancellor. - As soon as may be after the coming into force of this Act, the Chancellor shall, in consultation with the Minister, appoint a person to be the Vice-Chancellor and all the provisions of the Act which apply to a Vice-Chancellor appointed under sub-section (1) of section 20 of the Act shall so far as may be applied in relation to a Vice-Chancellor appointed under this section.
10. Filling up of Vacancies. - Vacancies by resignation, death or otherwise amongst members nominated shall be filled up by the Chancellor in the manner provided in section 5 of this Act
11. Power to remove difficulties. - If in view of the provisions in the Act, any difficulty arises in giving effect to the provisions of this Act, the Council shall refer the difficulty to the State Government which may, in consultation with the Chancellor, make such order or do such thing, not inconsistent with the provisions of this Act, as might be considered necessary or expedient for removing the difficulty.
12. University to continue as a body corporate. - Nothing in this Act shall be construed as effecting or implying in any way the dissolution of the University as a body corporate as described in sub-section (1) of section 3 of the Act.