No: 19 Dated: Aug, 20 1997

THE NETAJI SUBHAS OPEN UNIVERSITY ACT, 1997

West Bengal Act XIX of 1997

    An Act to establish and incorporate an open university (mukta viswavidyalaya) in the State of West Bengal and to provide for matters connected therewith or incidental thereto.

    Whereas it is expedient to establish an open university in the State of West Bengal to provide educational opportunities to all those belonging to the backward and weaker sections of society as well as the students who cannot be accommodated in institutions of higher learning owing to socio-economic conditions and other limitations and to promote equality of opportunity for higher education for a large segment of the population, including those who are in employment and women (including housewives), specially in the remote and inaccessible areas, as also adults who wish to upgrade their knowledge in various fields, through correspondence courses, contact programmes, study centres and various forms of mass media, encouraging and providing 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;

    It is hereby enacted as follows: -

CHAPTER I

Preliminary

1. Short title and commencement. - (1) This Act may be called the Netaji Subhas Open University Act, 1997.

(2) It extends to the whole of West Bengal.

(3) This section and Chapter VII 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 appoint, and different dates may be appointed for different provisions of this Act.

2. Definitions. - In this Act, unless the context otherwise requires,-

(1) "Academic Council" means the Academic Council of the University;

(2) "academic year" means a period of twelve months commencing on the first day of July or such other period of twelve months, commencing on such date, as the Executive Council may specify in respect of all the study centres and courses of study or any particular study centre or course of study;

(3) "Co-ordinator" means the head of a regional centre;

(4) "correspondence-cum-contact programme student" means a student enrolled in any one of the study centres;

(5) "Department" means a department of studies of the University;

(6) "distance education system" means the system of imparting education through correspondence course, broadcasting, telecasting, seminar, contact programme or any other means or combination of means;

(7) "employee" means any person appointed by the University, and includes Teachers and other employees of the University;

(8) "Executive Council" means the Executive Council of the University;

(9) "Finance Committee" means the Finance Committee of the University;

(10) "Minister" means the Minister-in-charge of the Higher Education Department of the State Government;

(11) "non-teaching employee" means the non-teaching employee, not holding any teaching post (including part-time teaching post), appointed or recognized as such by the University;

(12) "notification" means a notification published in the Official Gazette;

(13) "prescribed" means prescribed by Statutes or Ordinances or Regulations made under this Act;

(14) "Regional Centre" means a centre established as such by the University, for maintaining records regarding enrolment of students, despatching teaching materials, making arrangements for holding lectures in the classes in Study Centres, and dealing with other allied matters;

(15) "Regulations" means the Regulations made under this Act;

(16) "School of Studies" means a School of Studies of the University;

(17) "State Government" means the Government of West Bengal in the Higher Education Department;

(18) "Statutes" and "Ordinances" means respectively the Statutes and Ordinances made under this Act;

(19) "student" means a student of the University, and includes any person who has enrolled himself for pursuing any course of study of the University;

(20) "Study Centre" means a centre established, maintained or recognized by the University for the purpose of advising or counseling, or for rendering such other assistance in the activities of the University as may be required by the students;

(21) "Teacher" means a Professor, Associate Professor, Reader, Assistant Professor, Lecturer or such other person as may be designated as such by Statutes for imparting instruction or for giving guidance or rendering assistance of academic nature to students for pursuing any course of study;

(22) "the University" means the Netaji Subhas Open University as constituted under this Act;

(23) "University Centre" means the place where the administrative offices of the University are situated.

CHAPTER II

The University

3. The University. - (1) There shall be constituted a University by the name of the Netaji Subhas Open University which shall consist of the Chancellor, the Vice-Chancellor, the Directors, the members of the Executive Council and the members of the Academic Council.

(2) The University shall be a body corporate having perpetual succession and a common seal and shall sue and be sued by the name of the Netaji Subhas Open University.

(3) In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar and all processes in such suits and proceedings shall be issued to, and served on, the Registrar.

(4) The headquarters of the University shall be located at such place within West Bengal as the State Government may by notification specify.