NETAJI SUBHAS OPEN UNIVERSITY ACT, 1997
(1) This Act may be called the Netaji Subhas Open University Act, 1997.
(2)******
(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.
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;
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(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 headquart
The objects of the University shall be,
(a) to provide opportunities for higher education through (i) correspondence courses, (ii) contact programmes and study centres, and (iii) audio-visual mass-media such as radio and television, presenting special institutional programmes, either live or through cassettes including video cassettes and other softwares;
(b) to provide opportunities for higher education to men and women (i) being deprived of the benefit of higher education in the normal course owing to socio-economic conditions or other limitations or (ii) being drop-outs or (iii) being brought under the scheme of adult education or (iv) working in homes or engaged in cultivations or employed in factories, offices or schools or engaged in any profession or vocation;
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(1) The University shall have the following powers, namely:
(i) to provide for instruction in such branches of knowledge, technology, vocations and profession as the University may determine from time to time and to make provision for research;
(ii) to plan and prescribe courses of study for degrees, diplomas or certificates, or for any other purpose;
(iii) to hold examinations and confer degrees, diplomas, certificates or other academic distinctions or recognitions on persons who have pursued a course of study or conducted research in the manner laid down by Statutes or Ordinances;
(iv) to confer honorary degrees or other distinctions in the manner laid down by the Statutes;
(1) The University shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be appointed as a Teacher of the University or to hold any other office therein or admitted as a student in the University, or to graduate thereat, or to enjoy or exercise any privilege thereof.
(2) Nothing in sub-section (1) shall be deemed to prevent the University from making any special provision for the appointment or admission of women or of persons belonging to the weaker sections of the society, and, in particular, of persons belonging to the Scheduled Castes or Scheduled Tribes.
(1) The State Government shall have the right to cause an inspection to be made by any person, not below the rank of Joint Secretary to the Government of West Bengal or Registrar or Professor of a university, or by a committee of not less than two persons, not below the rank of Joint Secretary to the Government of West Bengal or Registrar or Professor of a university, into its buildings, laboratories, libraries, museums, workshops and equipment or of any Regional Centre or Study Centre maintained by the University. The State Government shall have also the right to cause an inquiry to be made into the teaching and other work conducted or done by the University by such person or group of persons as the State Government deems fit. The State Government shall, in every such case, give notice to the University of its intention to cause such inspection or inquiry to be made, and the University shall be entitled to represent its case
(1) The Governor of the State of West Bengal shall, by virtue of his office, be the Chancellor of the University.
(2) The Chancellor shall exercise such powers as may be conferred on him by or under the provisions of this Act or the Statutes or the Ordinances.
(3) Where power is conferred upon the Chancellor to make nominations to any authority or body of the University, the Chancellor shall, to the extent necessary, nominate persons to represent interests not otherwise adequately represented.
(4) Every proposal to confer any honorary degree shall be subject to confirmation by the Chancellor.
The following shall be the officers of the University:
(1) the Vice-Chancellor;
(2) the Registrar;
(3) the Directors;
(4) the Finance Officer;
(5) such other persons as may be declared by Statutes to be the officers of the University.
(1) The Vice-Chancellor shall be appointed by the Chancellor in consultation with the Minister from a panel of not less than three persons recommended by a committee consisting of three members of whom two shall be nominated by the Executive Council and one shall be nominated by the Chancellor. The person nominated by the Chancellor shall be the convenor of the committee, provided that no person who is an employee of the University or of any Regional Centre or Study Centre or a member of any authority of the University, shall be nominated to be a member of the committee.
(2)
(a) The Vice-Chancellor shall hold office for a term of four years or till he attains the age of 65 years, whichever is earlier, and shall be eligible for re-appointment fo
(1) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall, by virtue of his office, be a member and the Chairman of the Executive Council and the Academic Council and also the Chairman of any other authority or body of the University of which he may be a member. He shall also be entitled to be present at and to address any meeting of any other authority or body of the University of which he may not be a member, but shall not be entitled to vote thereat.
(2) The Vice-Chancellor shall have the power to convene meetings of the Executive Council and of any other authority or body of the University.
(3) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act, and the Statut
The Directors. Every Director shall be appointed in such manner, on such emoluments and other conditions of service, and shall exercise such powers and perform such functions, as may be prescribed by Statutes.
(1) The Registrar shall be appointed in such manner, on such emoluments and other conditions of service as may be prescribed by Statutes.
(2) The Registrar shall exercise such powers and perform such functions as may be prescribed by Statutes.
The Finance Officer. The Finance Officer shall be appointed in such manner and on such emoluments and other conditions of service, and shall exercise such powers and perform such functions, as may be prescribed by Statutes.
Other Officers. The manner of appointment, emoluments, powers and duties of the other officers of the University shall be prescribed by Statutes.
The following shall be the authorities of the Uni-ersity:
(1) the Executive Council;
(2) the Academic Council;
(3) the School of Studies;
(4) the Finance Committee; and
(5) such other authorities as may be declared by the Statutes to be the authorities of the University.
(1) The Executive Council shall be the principal executive body of the University.
(2) The constitution of the Executive Council, the term of office of its members and its powers and functions shall be prescribed by Statutes.
(1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Ordinances, have the control and general regulation of, and be responsible for, the maintenance of standards of learning, education, instruction, evaluation and examination within the University and shall exercise such other powers and perform such other functions as may be conferred or imposed upon it by the Statutes.
(2) The constitution of the Academic Council and the term of office of its members shall be prescribed by Statutes.
(1) There shall be such number of Schools of Studies as the University may determine from time to time.
(2) The constitution, powers and functions of the School of Studies shall be prescribed by Statutes.
The constitution, powers and functions of the Finance Committee shall be prescribed by Statutes.
The constitution, powers and functions of the other authorities which may be declared by the Statutes to be the authorities of the University shall be prescribed by Statutes.
When a person is qualified to be a member of any authority or body of the University by virtue of his membership of any other authority or body or by virtue of any profession, he shall cease to be a member of the authority or body of the University when he ceases to be a member of the other or to be engaged in that profession.
Any casual vacancy among the members (other than ex officio members) of any authority or body of the University shall be filled, as soon as may be, by the person or body who appoints, elects or co-opts the member whose place has become vacant, and any person so appointed, elected or co-opted to fill a casual vacancy shall be a member of such authority or body for the unexpired portion of the term for which the person whose place he fills would have been a member.
If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.
No act or proceedings of any authority or body of the University shall be invalidated merely by reason of the existence of any vacancy or vacancies among its members.
The University shall have a general fund to which shall be credited
(a) its income including the fees and endowments;
(b) contributions or grants which may be made by the Government on such conditions as it may impose; and
(c) other contributions or grants or loans raised.
The University shall have such other funds and maintain such accounts as the Executive Council may determine on the recommendation of the Finance Committee, provided that the University shall not divert and invest any portion of any grant given to it by the State Government in any form or divert it to any fund other than the general fund without the prior approval of the State Government.
The University may accept funds from the Government of India or the State Government or the Government of other States in India or the University Grants Commission established under the University Grants Commission Act, 1956, or other universities or recognised institutions and may, with the approval of The State Government, raise loans from other sources.
The University shall not, without the prior approval of the State Government or in contravention of the provisions of this Act, divert fund, earmarked for one purpose, for any other purpose or upgrade any post or revise the scales of pay of its officers and other employees or implement any scheme which involves the contribution from the State Government or create any post or posts resulting in, either immediately or in future, a recurring liability on the State Government. The University shall not also fill up any post, by whatever name called, without first creating it with the prior approval of the State Government.
(1) The budget of the University showing the receipt and expenditure of the University on different accounts for a financial year shall be submitted to the State Government for approval at least four months before the beginning of such financial year.
(2) The State Government shall, within three months of commencement of the financial year to which the budget relates, communicate its approval or otherwise of the budget to the University.
(3) The State Government may, from time to time, release grants to the University on its request.
(4) Notwithstanding anything to the contrary contained in this Act, the University shall not, except with the prior approva
(1) The Annual Statement of Accounts of the University shall, after examination by the Executive Council, be subjected to such audit as the State Government may direct.
(2) Such Annual Statement of Accounts shall, together with the copies of the audit report thereon, be considered by the Executive Council. A copy of the Annual Statement of Accounts and a copy of the audit report thereon shall be submitted to the Chancellor along with the views of the Executive Council. Any observation of the Chancellor and the State Government shall be considered by the Executive Council at a meeting and the Executive Council shall take such corrective action as it thinks fit.
(3) The University shall have a continuous internal audit, and the report of such audi
(1) Every employee of the University shall be appointed under a written contract and shall be provided with a letter of appointment containing the terms and conditions of his appointment.
(2) Any dispute arising out of a contract between the University and any employee may, at the request of the employee, be referred by the Vice- Chancellor to a Tribunal which shall consist of one member nominated by the Executive Council, one member nominated by the employee concerned and one member nominated by the Chancellor. The member nominated by the Chancellor shall be the Chairman of the Tribunal.
Any student or candidate for an examination whose name has been removed from the rolls of the University by the order of the Vice-Chancellor or by a resolution of the Discipline Committee or the Examination Committee as may be formed, as the case may be, and who has debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of communication of such orders or copy of such resolution to him, appeal to the Executive Council, and the Executive Council may confirm, modify or reverse the decision of the Vice-Chancellor or the Discipline Committee, as the case may be.
Every employee or student of the University shall, notwithstanding anything contained in this Act, have a right to appeal, within such time as may be prescribed by Statutes, to the Executive Council against the decision of any officer or authority of the University and, thereupon, the Executive Council may confirm, modify or reverse the decision appealed against the procedure for settlement of such dispute shall be prescribed by Statute.
The pension, provident fund and any other terminal benefit to the officers, Teachers and other employees of the University shall be such as may be decided by the University with the prior approval of the State Government:
Provided that any provident fund instituted by the University for the benefit of its officers. Teachers and other employees shall be governed by the provisions of the Provident Funds Act, 1925, as if such fund were a Government Provident Fund, and the Executive Council shall have the power to make Statutes, not inconsistent with the provisions of this Act, for the administration of the fund.
No suit or other legal proceedings shall lie against any Teacher or other non-teaching employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act or the Statutes or the Ordinances.
Subject to the provisions of this Act, the Executive Council shall have the power to make Statutes for all or any of the following matters:
(a) the manner of appointment of the Vice-Chancellor, the term of his appointment, the emoluments and other conditions of his service and the powers and functions that may be exercised and performed by him so far as these have not been provided in the Act;
(b) the manner of appointment of the Directors, the Registrar, the Finance Officer and other officers, the emoluments and other conditions of their service and the powers and functions that may be exercised and performed by each of them;
(c) the constitution of the Executive Council and other authorities of the
(1) The Executive Council may consider the draft of any Statute. The draft shall be passed by the Executive Council. The Executive Council may make such amendment in the draft as it may deem fit before it is finally passed.
(2) A Statute passed in the manner provided in sub-section (1) shall be presented to the Chancellor for assent and shall come into force on being assented to by the Chancellor on the recommendation of the Minister, provided that the Chancellor may withhold assent to the Statute or remit the Statute to the Executive Council for reconsideration in the light of the observations, if any, made by him.
(3) A Statute shall remain in force until repealed or amended by a new Statute similarly passed and assented to by the Chancellor o
(1) The Academic Council shall have the power to make, subject to the provisions of this Act and the Statutes, Ordinances which may provide for all or any of the following matters:
(a) the admission of students in the University;
(b) imposition and collection of fees, fines and other dues payable to the University;
(c) prescribing the equivalence of examinations, degrees and diplomas of other universities and institutions;
(d) the courses of study, the examinations to be held, and the conditions on which students shall be admitted to examinations for any degree, diploma, certificate or title of the University;
(e) the grant of exemptions;
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The authorities of the University may make regulations consistent with the provisions of this Act, the Statutes and the Ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for in this Act or the Statutes or the Ordinances.
(1) The Governor of West Bengal holding Office at the date of publication of this Act in the Official Gazette shall be the first Chancellor of the University.
(2) The first Chancellor shall exercise all the powers conferred on the Chancellor by or under this Act. For the first constitution of the Executive Council, the Academic Council and other authorities of the University, the first Chancellor shall nominate members thereof in accordance with the provisions of this Act.
(1) Notwithstanding anything contained in this Act, the first Vice-Chancellor shall be appointed by the first Chancellor in consultation with the Minister and on such terms and conditions as the first Chancellor may determine in consultation with the State Government, within three months from the date of publication of this Act in the Official Gazette. He shall hold office for such period as may be determined by the first Chancellor from time to time and such period shall, in no case, exceed four years from the date on which he assumes office. The first Vice-Chancellor shall exercise all the powers and perform all the duties of the Vice-Chancellor under this Act. He shall also be in charge of the administration of funds and finances of the University and shall take necessary steps to maintain the accounts of the University.
(2) The fir
(1) There shall be an Advisory Committee to be constituted by the State Government of which the first Vice-Chancellor shall be the Chairman.
(2) The Advisory Committee shall consist of the following members:
(a) the first Vice-ChancellorChairman;
(b) the Secretary, Higher Education Department, Government of West Bengal, or his nominee not below the rank of Deputy Secretary to the Government of West Bengal;
(c) the Secretary, Finance Department, Government of West Bengal, or his nominee not below the rank of Deputy Secretary to the Government of West Bengal;
(d) five Teachers of which three shall be Professors or
For the purposes of clause (d) of sub-section (3) of section 43, the University shall have the following temporary posts, and the Vice-Chancellor shall appoint persons to such posts on the recommendation of the Selection Committee to be constituted with the approval of the State Government:
(a) as many posts of Director (to be filled up by academicians in the rank of Professors) as there are Schools of Studies:
Provided that one Director may be appointed for more than one School of Studies, and
(b) two posts of expert lesson-writerone in the rank of Reader and the other in the rank of Lecturerfor each subject to be taught under the concerned faculty:
The Advisory Committee shall prepare a panel or panels of advisers who are specialists in the subjects to be taught.
(1) The Advisory Committee shall constitute an Interim Board of Studies in each subject under the respective School of Studies. The Interim Board of Studies shall consist of the following members:
(a) the Vice-ChancellorChairman;
(b) the concerned DirectorVice-Chairman;
(c) the concerned Reader and the concerned Lecturer, who are lesson- writers;
(d) two Teachers of Universities or Colleges who are experts in the subject, selected by the Vice-Chancellor;
(e) specialist or specialists in the concerned subject from the panel of advisers prepared under section 45, selected by the Advisory Committee.
The lessons shall be written by the concerned Readers and Lecturers appointed under clause (b) of section 44 following the guidelines to be provided by the respective Interim Board of Studies and shall be scrutinised by the Director concerned and finally approved by the Advisory Committee.
The Advisory Committee may constitute a Sub- Committee for the purpose of carrying out its functions.
All expenses towards the holding of the meetings of the Advisory Committee, Sub-Committee and Interim Board of Studies and all other incidental expenses, including the remuneration to be paid, shall be met from the University fund.
(1) The Annual Statement of Accounts of the University shall, after examination by the Advisory Committee, be subjected to such audit as the State Government may direct.
(2) Such Annual Statement of Accounts shall, together with the copies of the audit report thereon, be submitted to the State Government, and the State Government may, thereupon, take such action as it deems fit.
The first Vice-Chancellor may, subject to the approval of the State Government, appoint such administrative, clerical and other staff (including technical staff) as it deems necessary for giving effect to the provisions of this Chapter. If necessary, such posts may be filled up by persons on the basis of contract to be renewed from time to time. On and from the date appointed under section 54, such posts shall stand abolished unless they fit in with the general staff pattern formulated with the approval of the State Government. For their absorption in regular posts, the incumbents shall have to appear before the Selection Committee to be constituted for the purpose with the approval of the State Government.
The vacancy in the office of a member of the Advisory Committee occurring by reason of death, resignation or otherwise shall be filled up by the State Government in consultation with the first Vice-Chancellor, and the vacancy in the office of a member of any Sub-Committee or Interim Board of Studies or panel of advisers urring by reason of death, resignation or otherwise shall be filled up by the first Vice-Chancellor in consultation with the Advisory Committee.
No act or proceedings of the Advisory Committee or any Sub-Committee or Interim Board of Studies shall be invalid merely by reason of the existence of any vacancy or vacancies among its members.
The State Government shall by notification appoint a date and on and from such date the Executive Council, the Academic Council, other authorities of the University, the Regional Centres and the Study Centres shall commence to perform their respective functions and the first Statutes, the first Ordinances and the first Regulations of the University made under sub-section (2) of section 42 shall be deemed to be the first Statutes, the first Ordinances and the first Regulations of the University made under section 38, section 39 and section 40 respectively.
On and from the date referred to in section 54, the provisions of section 43, Section 45, Section 46, Section 47,Section 48,Section 52 and Section 53 shall stand repealed and, thereupon, the Advisory Committee, the panels of advisers, the Interim Board of Studies, and the Sub-Committees constituted by the Advisory Committee shall stand dissolved, and the members thereof or the advisers, as the case may be, shall be deemed to have vacated their respective offices.
Notwithstanding anything contained in section 55, anything done or deemed to have been done or any action taken or deemed to have been taken or any appointment made under this Act prior to the date referred to in section 54 shall, unless it is otherwise provided in this Act, be deemed to have been validly done or taken or made under this Act.
(1) If, by reason of any provision of this Act, any difficulty arises in giving effect to the provisions of this Chapter, the first Vice-Chancellor as Chairman of the Advisory Committee shall refer such difficulty to the State Government which may make such order or do such thing, not inconsistent with the provisions of this Chapter, as appears to it to be necessary or expedient for removing the difficulty.
(2) If, on account of any lacuna or omission in the provisions of this Act, or for any other reason whatsoever, any difficulty arises as to the first constitution of any authority of the University under this Act, or otherwise in giving effect to the provisions of this Act, the State Government may, as occasion may require, by order do anything which appears to it to be necessary for the purpose of removing the difficulty notwithsta
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