No: 25 Dated: Sep, 16 1981

THE NORTH BENGAL UNIVERSITY ACT, 1981

West Bengal Act XXV of 1981

 

    An Act to provide for the reconstitution of the University of North Bengal and for certain matters incidental thereto and connected therewith.

    Whereas it is expedient to reconstitute the University of North Bengal 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 course 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 as follows:-

CHAPTER I

Preliminary

1. Short title and commencement. - (1) This Act may be called the North Bengal University Act, 1981.

(2) This section and section 57 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) "affiliated", in relation to a college or an institution, means affiliated to the University of North Bengal as constituted prior to the appointed day and continuing as such immediately before such day or affiliated to the University under this Act;

(2) "appointed day" means the date referred to in sub-section (5) of section 57;

(3) "constituent college" means an affiliated college in which instruction is provided, under prescribed conditions, for honours as well as for postgraduate 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;

(4) "convocation" means a meeting of the Court for the purpose of conferring degrees, titles, diplomas, certificates or other academic distinctions;

(5) "district" means any of the districts of Darjeeling, Jalpaiguri, Cooch Behar, Malda, West Dinajpur or any district which may be created in future out of any part or parts of one or more of the aforementioned districts;

(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 of students recognized by the University;

(11) "Librarian" means,-

(a) in relation to the University, a Librarian, Deputy Librarian, 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, and

(b) in relation to a college affiliated to the University, a Librarian, Deputy Librarian, Assistant Librarian or any other person discharging the functions of a Librarian on whole-time basis, by whatever name called, appointed or recognized by the University or appointed by such college;

(12) "Minister" means the Minister-in-charge of Higher Education appointed as such by the Governor;

(13) "non-teaching staff’’means,-

(a) in relation to the University, the non-teaching staff, not holding any teaching post (including part-time teaching post), appointed or recognized as such by the University, and

(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 an officer or a Librarian;

(14) "prescribed" means prescribed by Statutes, Ordinances, Regulations or Rules made under this Act;

(15) "Principal" means the head of a college or of an institution by whatever name called;

(16) "professional college" means a University College or an affiliated college 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;

(17) "professional subject" means any of the following subjects, namely, Law, Medicine, Dentistry, Engineering, ‘Teachers’ Training, Physical Education, Technology, Journalism, Management Studies, Agriculture or such other subject as may be prescribed by Regulations;

(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" means,-

(a) in relation to the University, the Students’ Union constituted in the manner prescribed, and

(b) in relation to an undergraduate college, the Students’ Union constituted in the manner prescribed;

(21) "Teacher" means a Principal, Professor, Associate Professor, Reader, Assistant Professor, Demonstrator, Tutor, Instructor 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 or appointed by an affiliated college or institution;

(22) "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.

(23) "the University" means the University of North Bengal as constituted under this Act;

(24) "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;

(25) "University Professor", "University Reader" or "University Lecturer" means a Professor, Reader or Lecturer appointed or recognized as such by the University.

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 ViceChancellor 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 University of North Bengal.

(2) The University shall have perpetual succession and a common seal and shall sue and be sued by the name of the University of North Bengal.