West Bengal University Of Health Sciences Act, 2002
No: 13 Dated: Aug, 01 2002
THE WEST BENGAL UNIVERSITY OF HEALTH SCIENCES ACT, 2002
West Bengal Act XIII of 2002
An Act to establish and incorporate a health university in the State of West Bengal, to be known as the West Bengal University of Health Sciences, and to provide for matters connected therewith or incidental thereto.
Whereas it is expedient, in the public interest, to establish and incorporate a University in the State of West Bengal, to be known as the West Bengal University of Health Sciences, for the purposes of affiliating, teaching and ensuring proper and systematic instruction, training and research in, Modem System of Medicine, Homoeopathic System of Medicine, Ayurvedic System of Medicine, Unani System of Medicine, Nursing Education. Pharmacy Education, Dental Education, Education on Laboratory Technology, Physiotherapy, Speech Therapy and Education on other paramedical courses;
And whereas it is considered desirable to establish a specialized autonomous institution with the objects of promoting academic freedom and scholarship for the teachers as well as for the students and to foster and develop an intellectual climate conducive to the pursuit of scholarship and excellence, either independently or jointly with other centres of excellence of higher learning;
It is hereby enacted as follows :-
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal University of Health Sciences Act, 2002.
(2) It shall extend to the whole of West Bengal.
(3) It shall come into force on such date as that State Government may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(1) "Academic Council" means the Academic Council of the University;
(2) "academic course" means the course of study in any discipline of Health Sciences according to the Syllabus and Curriculum prescribed by the University;
(3) "affiliated college" means a college affiliated to the University providing academic courses prescribed for University examinations;
(4) "appointed day" means the date appointed under sub-section (3) of section 1;
(5) "approved institution" means any institution or hospital or college recognized by the University as an institution in which a person may undergo such training, required by a course of study before the award of any degree or other qualification, as laid down by the University;
(6) "authorities" means the authorities of the University as specified by or under this Act;
(7) "autonomy" means a privilege of the University conferred by Statutes permitting a college, institution or a University Department to conduct academic programmes and examinations, to develop syllabi for the respective subjects and issue certificates of passing the examinations, etc. A college, institution or a University Department which has been granted autonomy shall have full academic, administrative and financial autonomy, subject to the provisions of this Act and Statutes;
(8) "autonomous college", "autonomous institution" or "autonomous Department" means a college, institution or Department to which autonomy is granted and is designated to be so by Statutes;
(9) "Chancellor" means the Chancellor of the University;
(10) "college" means a college imparting education in Health Sciences conducted by, or affiliated to, the University situated in the State of West Bengal;
(11) "Conducted College" means a college maintained and managed by the University;
(12) "Convocation" means a meeting for the purpose of conferring degrees, titles, diplomas, certificates or other academic distinctions;
(13) "Council" means a professional council pertaining to any discipline of Health Sciences constituted under any State Act or Central Act;
(14) "Dean" means the Dean of any Faculty of the University;
(15) "Department" means a unit set up for the purpose of imparting instruction for the courses of study in Health Sciences or in any discipline allied thereto;
(16) "Field Unit" means a unit established outside the University for validating the discriminations in the benefits of new techniques, skills and practices developed by the University;
(17) "Government" means the Government of the State of West Bengal in the Department of Health and Family Welfare;
(18) "Health Sciences" means the Modern System of Medicine, Homoeopathic System of Medicine, Ayurvedic System of Medicine, Unani System of Medicine, Nursing Education, Pharmacy Education, Dental Education, Education on Laboratory Technology, Physiotherapy, Speech Therapy in all their branches concerning preventive, promotive, curative and rehabilitative services;
(19) "Modern System of Medicine" means all branches of modern medicine dealing with pre-clinical, clinical, para-medical and para-dental disciplines at diploma and degree level or above and such other disciplines as may be prescribed;
(20) "prescribed" means prescribed by Statutes, Ordinances, Rules or Regulations made under this Act;
(21) "Principal" means the head of an affiliated college or a conducted college or a university college;
(22) "Pro-Vice-Chancellor" means the Pro-Vice-Chancellor of the University;
(23) "Registrar" means the Registrar of the University;
(24) "Statutes", "Ordinances", "Rules" and "Regulations" mean, respectively, the Statutes, Ordinances, Rules and Regulations of the University made under this Act;
(25) "Teacher" means a Principal, Professor, Associate Professor, Assistant Professor or such other person as may be designated by the Statutes for imparting instruction and education in full time basis in the University or an affiliated college;
(26) "University" means the West Bengal University of Health Sciences as constituted under this Act;
(27) "University Campus" means the area comprised within the local limits of the headquarters of the University or such other colleges and institutions, as may from time to time be declared as such by notification, by the Government in the Official Gazette;
(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 institution" means a centre, a school, or an institute established and maintained by the University.
3. Establishment of the University. - (1) With effect from the coming into force of this Act, there shall be established a University by the name of "the West Bengal University of Health Sciences" having jurisdiction in the State of West Bengal.
(2) The University shall be a body corporate by the name specified in sub-section (1) and shall have perpetual succession and a common seal. It shall have the power to hold, acquire, sale, lease, transfer or dispose of property, both movable and immovable, which may vest in or be acquired by it for the purposes of the University :
Provided that no such lease, sale or transfer of such property shall be made without the valuation made thereof by the approved valuer appointed by the University and without the prior approval of the Government.
(3) The headquarter of the University shall be at Kolkata or at any such place as shall be notified by the Government in this behalf.
(4) The University shall be both, a teaching and an affiliating University.
(5) In all suits and other legal proceedings, by or against the University, the pleadings shall be signed and verified by the Registrar, or any other person authorized in this behalf, and all processes in suits and proceedings shall be issued to, and served on, the Registrar.