Kazi Nazrul University Act, 2012
No: 19 Dated: Aug, 16 2012
THE KAZI NAZRUL UNIVERSITY ACT, 2012
West Bengal Act XIX of 2012
An Act to provide for constitution of the Kazi Nazrul University and for certain matters connected therewith and incidental thereto.
WHEREAS it is expedient to constitute the Kazi Nazrul University to enable it to function 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 the society and to make the constitution of various authorities or bodies of the University more democratic;
It is hereby enacted in the Sixty-third 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 Kazi Nazrul University Act, 2012.
(2) This section and section 58 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 repugnaant in the subject or context,—
(1) "appointed day" means the date referred to in sub-section (5) of section 58;
(2) "affiliated" in relation to a college or an institution means affiliated to the Kazi Nazrul 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, at the Undergraduate as well as at the postgraduate levels of study;
(3) "autonomous college" means a college affiliated to the University and enjoying academic freedom to —
(a) determine and prescribe 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 conduction of 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) "distance education" means instruction imparted through correspondence or distance mode as recognized under this Act;
(7) "district" means the sub-divisions of Asansol and Durgapur of the district of Barddhaman and the district of Birbhum or any district which may be created in future out of any part thereof;
(8) "employee" in relation to the University means a person employed by the University;
(9) "financial year" means the year ending on the 31st day of March;
(10) "Government College" means a college affiliated to the University which is maintained and managed by the Government of West Bengal;
(11) "Governor" means the Governor of the State of West Bengal;
(12) "hall" or "hostel" means a unit of residence of students maintained by the University;
(13) "Librarian" means,—
(a) in relation to the University, a Librarian or any other person holding a post of Librarian, by whatever name called, appointed or recognized 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 or recognized by the University or appointed by such college with prior approval of the State Government;
(14) "Minister" means the Minister-in-charge Department of Higher Education appointed as such by the Governor;
(15) "non-teaching staff' means,—
(a) in relation to the University, the non-teaching staff appointed or recognized as such by the University, not holding any teaching post or not holding the post of an officer or not holding the post of Librarian, by whatever name called;
(b) in relation to an affiliated college, the non-teaching staff, not holding any teaching post (including part-time teaching post), appointed or recognized by the University or appointed by such college, but does not include a Librarian by whatever name called;
(16) "prescribed" means prescribed by Statutes, Ordinances, Regulations and Rules made under this Act;
(17) 'Principal" means the head of a college or of an institution, by whatever name called;
(18) "private college" means a college which is fully financed, maintained and managed by private organisation;
(19) "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;
(20) "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 subjects as may be prescribed by Regulations;
(21) "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 as prescribed;
(22) "State Government" means Government of West Bengal in the Department of Higher Education;
(23) "Statutes", "Ordinances", "Regulations" and "Rules" means respectively, the Statutes, Ordinances, Regulations and Rules made under this Act, and they than be deemed to be rules within the meaning of clause (36) of Section 3 of the Bengal General Clauses Act, 1899;
(24) "Students' Union" means,—
(a) in relation to the University, the Students' Union constituted in the manner prescribed; and
(b) in relation to an affiliated college, the Students' Union constituted in the manner prescribed;
(25) "Teacher" means a Principal, Professor, Reader, Associate Professor, Assistant Professor or any other person holding a whole time teaching post, appointed or recognized by the University or appointed by an affiliated college or institution with prior approval of the State Government;
(26) "Teacher of the University" means a Professor, Associate Professor, Assistant Professor or any other person, holding a teaching post including a part-time teaching post, appointed or recognized as such by the University with prior approval of the State Government;
(27) "University" means the Kazi Nazrul University as constituted under this Act;
(28) "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;
(29) "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.
CHAPTER II
The University and its Officers
3. The University.:- (1) The first Chancellor and the first Vice-Chancellor of the University and the first members of the Court and the Executive Council, and all persons who may hereafter become the Chancellor or the Vice-Chancellor of the University or the members of 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 Kazi Nazrul University.
(2) The University shall have perpetual succession and a common seal and Mall sue and be sued by the name of the Kazi Nazrul University.
(3) The University shall be established at Asansol in the district of Barddhaman in the State of West Bengal.