PRESIDENCY UNIVERSITY ACT, 2009

Act No. 13 of 2010

07th July, 2010

An Act to provide for constitution of the Presidency University and for certain matters connected therewith and incidental thereto. Whereas it is expedient to confer on Presidency College, a Government College with rich heritage, the status of a University to enable it to function more efficiently as a teaching, training and research centre in various branches of learning and courses of study, especially in Humanities, Social and Basic Sciences, and promoting advancement and dissemination of knowledge and learning, and extending higher education, to meet the requirement of higher education and research in the subjects and to avail scope and opportunities to serve the society and the nation; It is hereby enacted as follows:--

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S.1 Short title and commencement

(1) This Act may be called the Presidency University Act, 2009.

(2) This section and section 55 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.

S.2 Definitions

In this Act, unless there is anything repugnant in the subject or context,--

(1) "appointed day" means the date referred to in sub-section (5) of section 55;
(2) "college" means erstwhile Presidency College, Kolkata;
(3) "convocation" means a meeting of the Court for the purpose of conferring degrees, titles, diplomas, certificates or other academic distinctions;
(4) "employee" in relation to the University means a person employed by the University;
(5) "financial year" means the year ending on the 31st day of March;
(6) "Governor" means the Governor of the State of West Bengal;
(7) "Librarian" means a Librarian or any other person holding a post of Librarian, by whatever name called appointed or recognized as such by the University;
(8) "Minister" means the Minister-in-charge of Higher Education Department, Government of West Bengal appointed as such by the Governor;
(9) "non-teaching staff means

S.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 Presidency University.

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

S.4 Powers of the University

The University shall have the following powers, namely:--

(1) to encourage and provide for instruction, teaching, training and research in such branches of learning and courses of study as it may think fit, and generally to promote the advancement and dissemination of knowledge and learning, and the extension of higher education with special emphasis on providing high quality education in Humanities, Social and Basic Sciences both at the undergraduate and Postgraduate levels to the students from all strata of the society including the disadvantaged ones;
(2) to establish, maintain and manage libraries, laboratories, workshops, museums, schools, centres and such other institutions for study and research as it may deem necessary;
(3) to provide for study and research in specialized and emerging areas in such schools and centres and to take all necessary steps in this regard;
(4) to establish, maintain linkage and enter into collaborative agreem

S.5 Delegation of powers

The University may delegate such of its powers as it may deem expedient to any of its authorities referred to in section 15 or to any of its officers, and may, at any time, withdraw at its discretion any power so delegated.

S.6 The Chancellor

(1) The Governor shall, by virtue of his office, be the Chancellor of the University, He shall be the Head of the University and the President of the Court and shall, when present, preside over the meetings of the Court

(2) The Chancellor shall exercise such powers as may be conferred on him by or under the provisions of this Act.

(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.

S.7 Officers of the University

The following shall be the officers of the University:--

(a) the Vice-Chancellor;
(b) the Registrar;
(c) the Finance Officer; and
(d) Persons holding such other posts as may be declared by Statutes to be posts of officers of the University.

S.8 The Vice-Chancellor

(1) The Vice-Chancellor shall be appointed by the Chancellor on the unanimous recommendation of the Court. If the Court fails to make any such unanimous recommendation, the Vice-Chancellor shall be appointed by the Chancellor in consultation with the Minister from a panel of three persons to be elected by the Court in accordance with the system of proportional representation by means of the single transferable vote.

(2) (a) The Vice-Chancellor shall hold office for a period of four years or till he attains the age of 65 years, whichever is earlier, and shall, subject to the provisions of this section, be eligible for re-appointment for a further period not exceeding four years.

(b) The Chancellor may, notwithstanding the expiration of the term of the office of Vice-Chancellor or his attaining the age of 65 years, allow him to continue in office till a successor assumes office, provided that he shall not continue as such for any period exceeding six months.

(3)

S.9 Powers and duties of the Vice Chancellor

(1) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall, in the absence of the Chancellor, preside over the meeting of the Court. He shall, by virtue of his office, be a member and the Chairman of the Executive Council and the Faculty Councils for Post-Graduate and Undergraduate Studies 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 Court, the Executive Council, the Faculty Councils for Post-Graduate Studies 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 Statutes, the Ordinances and the Regulations, a

S.10 The Registrar

(1) The Registrar shall be a whole-time officer of the University and shall be appointed by the Executive Council on the recommendation of a Committee consisting of the Vice-Chancellor as Chairman, a nominee of the Chancellor, two nominees of the Executive Council and a nominee of the State Government, and on such terms and conditions, as prescribed by, or under, this Act.

(2) The Registrar may resign his office by writing under his hand addressed to the Vice-Chancellor.

(3) If the Registrar is for any reason temporarily unable to exercise the powers or perform the duties of his office, the Vice-Chancellor may with the approval of the Executive Council appoint a teacher of the University or an officer of the University, temporarily for a period not exceeding six months, to exercise the powers and perform the duties of the Registrar.

S.11 Powers and duties of the Registrar

Subject to the supervision, direction and general control of the Vice-Chancellor, the Registrar shall act as the Secretary of the Court as also of the Executive Council and shall exercise such powers and perform such dudes as may be prescribed, or delegated to him by or under this Act.

S.12 The Finance Officer

(1) The Finance Officer shall be a whole-time officer of the University. He shall be appointed by the Executive Council on the recommendation of a committee consisting of the Vice-Chancellor as the Chairman, a nominee of the Chancellor, two nominees of the Executive Council and a nominee of the State Government for such period and on such terms and conditions as may be prescribed by or under this Act.

(2) The Finance Officer may resign his office by writing under his hand addressed to the Vice Chancellor.

(3) If the Finance Officer is for any reason temporarily unable to exercise the powers and perform the duties of his office, the Vice-Chancellor, with the approval of the Executive Council, may appoint a person temporarily for a period not exceeding six months to exercise the powers and perform the duties of the Finance Officer.

S.13 Powers and duties of the Finance Officer

(1) Subject to the supervision, direction and general control of the Vice-Chancellor, the Finance Officer shall be in charge of the administration of the funds, the finances and the properties and assets of the University and of all trusts and endowments; and he shall take special interest in activities that aim at raising funds for the purposes of the University and for augmenting the resources of the University.

(2) The Finance Officer shall exercise such other powers and perform such other duties as may be prescribed or delegated to him by or under the provisions of this Act, the Statutes, the Ordinances or the Regulations, as the case may be.

S.14 Supervisory Powers of the Registrar and the Finance Officer

In their respective spheres of duties, the Registrar and the Finance Officer shall, subject to the provisions of this Act, have the power of supervision and control over all officers and employees serving in departments under their charge and shall exercise such disciplinary power as may be conferred on them by or under this Act or by the Statutes or Ordinances or the Regulations, as the case may be.

S.15 Authorities

The following shall be the authorities of the University:--

(1) the Court;
(2) the Executive Council;
(3) the Faculty Councils for Post-Graduate and Undergraduate Studies;
(4) the Boards of Studies;
(5) the Finance Committee; and
(6) such other authorities as may be established under the Statutes.

S.16 The Court

(1) The Court shall consist of the following :--

(a) ex-officio members:
- (i) the Chancellor;
- (ii) the Vice-Chancellor;
- (iii) the Registrar;
- (iv) the immediately preceding Vice-Chancellor;
- (v) the Secretary, Higher Education Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
- (vi) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
- (vii) the President, West Bengal Council of Higher Secondary Education;
- (viii) the Chairman, West Bengal College Service Commission;
- (ix) the Deans of the Faculty Councils for Post-Graduate and Undergraduate Studies;
(b) elected members:
- (x) not more than three Professors of the University Departments elected by such Professors of whom at least

S.17 Powers and Duties of the Court

(1) Subject to such conditions as may be provided by or under the provisions of this Act, the Court, shall exercise the following powers and perform the following duties:--

(i) to establish University Departments, Schools, Centres, or any such institutions, libraries, laboratories and museums of study and research;
(ii) to create and institute Professorships including Distinguished Professorships or Chair Professorships or Adjunct Professorships, Associate Professorship, Assistant Professorship, and such posts including posts of officers as may be necessary for the establishment of the University Departments, Schools, Centres or any such institutions, libraries, laboratories and museums referred to in clause (i) with the approval of the State Government;
(iii) if necessary to re-designate each or any one of the category of posts as mentioned in clause (ii) with the prior approval of the State Government;
(iv) to institute degrees, titles, dip

S.18 Meetings of the Court

(1) The Court shall meet at least thrice in a financial year, other than for convocation, on dates to be fixed by the Vice-Chancellor. One of such meetings shall be held before March and shall be called the Annual Meeting. The Court may also meet at such other times as it may decide.

(2) One-third of the total number of members of the Court shall be a quorum for a meeting of the Court:

Provided that such quorum shall not be required at convocation.

(3) The Vice-Chancellor may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than fifty per cent of the total number of the members of the Court, convene a meeting of the Court. A meeting on such requisition shall be held within fifteen days of the receipt of the requisition by the Vice-Chancellor.

S.19 The Executive Council

(1) The Executive Council shall consist of the following:--

(a) ex officio members:
- (i) the Vice-Chancellor,
- (ii) the Secretary, Higher Education Department, Government of West Bengal or his nominee not below the rank of Joint Secretary, Higher Education Department, Government of West Bengal;
- (iii) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Joint Secretary, Finance Department, Government of West Bengal;
- (iv) the Deans of the Faculty Councils for Post-Graduate and Undergraduate Studies ;
- (v) the Member Secretary, West Bengal State Council of Higher Education;
- (vi) the President, West Bengal Council of Higher Secondary Education;
(b) other members:
- (vii) one Professor of the University elected by such Professors of the University as are members of the Faculty Councils for Post-Graduate and Undergraduate Studies

S.20 Powers and duties of the Executive Council

Subject to the provisions of this Act, the Executive Council shall exercise the following powers and perform the following duties:--

(i) to initiate proposals for the making of Statutes and Ordinances including proposals for amendment or repeal thereof, in the manner hereinafter provided;
(ii) to recommend to the Court, after consulting the respective Faculty Councils for Post-Graduate and Undergraduate Studies, the establishment of University Departments, schools, centre and such other institutions, libraries, laboratories and museums for study and research;
(iii) to maintain University Departments, Schools, Centres and such other institutions, University libraries. University laboratories and University museums;
(iv) to establish, maintain and manage halls and hostels;
(v) to direct the inspection of University libraries. University laboratories. University museums and halls and hostels;
(vi) to recommend to the Court, aft

S.21 The Faculty Councils for Post-Graduate and Undergraduate Studies

(1) There shall be the following Faculty Councils for Post-Graduate and Undergraduate Studies:--

(a) the Faculty Council for Post-Graduate and Undergraduate Studies and in Arts;
(b) the Faculty Council for Post-Graduate and Undergraduate Studies in Science;
(c) any other Faculty Council which may be established by the University in this regard in such manner as may be prescribed.

(2) Each Faculty Council for Post-Graduate and Undergraduate Studies shall consist of the following members:--

(i) the Vice-Chancellor -- Chairman;
(ii) the Dean of the Faculty Council concerned;
(iii) the Head or Heads of the Department or Departments concerned, if any;
(iv) the Professor or Professors of the Department or Departments concerned, if any;
(v) five Teachers of the University, other than Professors belonging to the Faculty Councils concerned, to be elected by such Teachers from amongst themselves;

S.22 Powers and duties of the Faculty Council for Post-Graduate and Undergraduate Studies

Subject to the 'provisions of this Act, and the Statutes, the Ordinances Regulations, a Faculty Council for Post-Graduate and Undergraduate Studies shall exercise the following powers and perform the following duties:--

(i) to make proposals to the Executive Council for the establishment of University Departments, Schools, Centres, any such institutions, libraries, laboratories and museums for study and research to be maintained by the University;
(ii) to recommend to the Executive Council the creation and institution of Professorships including Distinguished Professorship or Chair Professorship or Adjunct Professorship, Associate Professorship, Assistant Professorship, and other teaching posts and the duties and emoluments thereof;
(iii) to make proposals to the Executive Council for the promotion of research and, through special committees, if any constituted for the purpose, to call for reports on such research work from persons engaged therein, an

S.23 Deans of Faculty Councils

(1) There shall be a Dean for each Faculty Council for Post-graduate and Undergraduate Studies who shall be elected by the Faculty Council in such manner and subject to such conditions as may be prescribed by Statutes.

(2) The Dean shall hold office as a Dean for such term as may be prescribed by Statutes.

S.24 The Boards of Studies

There shall be Boards of Studies attached to every Faculty Council for Post-graduate and Undergraduate Studies. The constitution of the Boards of Studies shall be prescribed by Statutes and the powers and functions of the Boards shall be prescribed by Regulations.

S.25 The Finance Committee

There shall be a Finance Committee with the Vice-Chancellor as the Chairman. The constitution, powers and functions of the Finance Committee shall be prescribed by Statutes and its procedure in financial matters, including the delegation of its powers, shall be prescribed by Ordinances.

S.26 Selection Committee for Teachers of the University

(1) A University Professor shall be appointed by the Executive Council on the recommendation of a Selection Committee consisting of--

(i) the Vice-Chancellor as the Chairman;
(ii) the Dean of the Faculty Council concerned;
(iii) a person, not holding any office of profit under the University and having special knowledge of the subject which the Professor will teach, nominated by the Chancellor;
(iv) two persons, not holding any office of profit under the University and having special knowledge of the subject which the Professor will teach, nominated by the Executive Council.

(2) Appointment to the post of Distinguished Professors or Chair Professors or Adjunct Professors shall be made on the basis of recommendation of a Search Committee comprising three eminent educationists in the relevant discipline, constituted for this purpose by the Executive Council.

(3) A University Associate Professor or an Assistant Professor sha

S.27 Procedure for holding meetings of Selection Committee

(1) Three members, of whom at least two shall be persons having special knowledge in the subject concerned, shall be quorum for a meeting of a Selection Committee.

(2) If any member of a Selection Committee is unable to attend, he may send his opinion in writing to the Vice-Chancellor and such opinion shall be taken into consideration by the Committee.

(3) If the Executive Council does not accept the recommendation of a Selection Committee, it shall refer the recommendation back to the Selection Committee with reasons for reconsideration and if the Executive Council does not accept the reconsidered views of the Selection Committee, the matter shall be referred to the Chancellor with reasons and the decision of the Chancellor shall be final.

S.28 Appointment by Presidency University Council

(1) Notwithstanding anything contained in section 26, until the constitution of a Selection Committee referred to therein, a University Assistant Professor, Associate Professor or Professor shall be appointed by the Presidency University Council, referred to in sub-section (1) of section 56 on the recommendation of a Selection Committee, constituted by the said Council in such manner as it thinks fit, which shall include as its member at least one person, not holding any office of profit under the University and having special knowledge of the subject which the Professor or the Associate Professor or the Assistant Professor, as the case may be, will teach, nominated by the Chancellor.

(2) If the Presidency University Council does not accept the recommendation of the Selection Committee the provision of sub-section (3) of section 27 shall apply mutatis mutandis.

S.29 Letter of appointment of Teachers, officers and employees

(1) Every Teacher, every officer and every employee of the University shall, on appointment as such, be provided with a letter of appointment containing such terms and conditions of appointment and duties and responsibilities as may be prescribed by Ordinances.

(2) A Teacher or an officer or an employee appointed against a permanent vacancy shall be on probation ordinarily for a period of one year from the date of such appointment and such period of probation may, at the discretion of the appropriate authority of the University, be extended for a further period not exceeding one year.

(3) If, at any time during the period of probation, the probationer's performance is not considered satisfactory, the probationer shall be discharged by the authority concerned.

(4) On satisfactory completion of the period of probation, a Teacher or an officer or an employee, as the case may be, shall be confirmed with effect from the date of his appointment on probation by an ord

S.30 Termination of services of temporary Teacher, officer of employee

The services of a temporary Teacher or officer or employee shall not be terminated before the expiration of the period for which he is appointed except after serving one month's notice or paying him one month's salary in lieu thereof.

S.31 Standing committee for selection of officers and non-teaching employees

The Executive Council may, subject to the provisions of this Act, prescribe by Ordinances the constitution of a standing committee or standing committees for selection of persons for appointment to the posts of officers and to the other non-teaching posts of the University and the procedure and the method of such selection.

S.32 Tribunal

(1) If in the case of any dispute between the University and any Teacher, officer or employee of the University, no final order has been passed within a period of one year from the date on which the dispute was referred to the University by such Teacher, Officer or employee, such dispute shall on the request of such Teacher, Officer or employee, be referred to a Tribunal consisting of the following members, namely:--

(i) a Chairman, to be nominated by the Chancellor in consultation with the Minister;
(ii) one person to be nominated by the Executive Council;
(iii) one person to be nominated by the Teacher, officer or employee concerned.

(2) An appeal from an employee of the University in a disciplinary matter shall be referred to the Tribunal and shall be decided and disposed of by the Tribunal.

(3) The Tribunal may call for any record, report or other information from the University if, in its opinion, such record, report or other

S.33 Disqualifications

(1) No person shall be qualified for election or nomination as a member of any authority or body of the University or shall continue as such member if he--

(i) is of unsound mind, or
(ii) is an undischarged insolvent, or
(iii) has been convicted by a court of law for an offence involving moral turpitude.

(2) In case of any doubt or dispute the Chancellor's decision whether a person is disqualified under the provisions of sub-section (1) shall be final.

(3) No person shall be entitled to stand as a candidate for election to any authority or body of the University from more than one constituency.

(4) No person shall be entitled to be enrolled as a voter for, or to cast his vote at, an election to any authority or body of the University from more than one constituency:

Provided that this sub-section shall not apply in the case of an election of members of the Court, the Executive Council, the Faculty Councils for

S.34 Part-time Teachers or part-time non-teaching staff not to be entitled to be enrolled as voters or to be nominated

Notwithstanding anything contained elsewhere in this Act; no person shall,--

(a) if he is a teacher, not holding any whole-time teaching post, or appointed for a specified period, or
(b) if he is a member of the non-teaching staff, not appointed on a regular scale of pay, or not holding any whole-time non-teaching post, be entitled to be enrolled as a voter for, or to cast his vote at, an election to any authority or body of the University.

Explanation.--"Regular scale of pay" shall mean pay which, subject to any condition prescribed by the University, rises by periodical increment from a minimum to a maximum.

S.35 Term of office of members

(1) Save as otherwise provided in sub-section (4), an elected or nominated member of any authority or body of the University shall hold office for a period of four years from the date of his election or nomination, as the case, may be:

Provided that in respect of the first elections and nominations under this Act, the said period of fours years shall commence from the date of the first meeting of the authority or body held after such elections and nominations.

(2) The term of office of members other than ex-officio members of any authority or body of the University shall be held to include any period which may elapse between the expiry of the said term and the date of election of new members to such authority or body to fill vacancies arising by efflux of time.

(3) When elections are held on more than one date, the last of such dates shall be taken to be the date of election for the purposes of this section.

(4) Any member elected or nominated

S.36 Cessation of membership in certain cases

(1) 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, 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.

(2) When a person is elected or nominated as a member of any authority or body of the University from any constituency, he shall cease to be such a member when he ceases to belong to that constituency.

S.37 Filling of vacancies

(1) Any casual vacancy among the elected members of any authority or body of the University shall be filled, in such manner and within such time as may be prescribed, by election by such authority or body of a person representing the interest which the member, whose seat has become vacant, represented.

(2) Any vacancy among the nominated members of any authority or body of the University shall be filled, within such time as may be prescribed, by nomination by the person or authority that nominated me member whose seat has become vacant.

(3) Vacancies arising by efflux of time in the seats of elected members of any authority or body of the University shall be filled by election to be held on such date or dates, not later than six months or such extended period as the Chancellor may, by order made in this behalf, specify, from the date on which the vacancies arise, as the Vice-Chancellor may fix.

S.38 Proceedings of the University or the authorities or bodies of the University not invalidated by vacancies

No act or proceedings of the University or of any authority or body of the University shall be deemed to be invalid merely by reason of the existence of a vacancy or vacancies among its members or the invalidity of the election of any of the members.

Explanation.-- For the removal of doubt, it is hereby declared that where the office of any member of any authority or body of the University cannot be filled up, when such authority or body is constituted for the first time, on account of any election or appointment not being for any reason feasible, there shall be deemed to be a vacancy in the office of such member until such election takes place or such appointment is made.

S.39 Election Tribunal

(1) There shall be an Election Tribunal to which shall be referred any question as to whether any person is eligible under this Act for election or nomination or has been duly elected or nominated, or is entitled to be, a member of any authority or body of the University, and the decision of the Election Tribunal on such question shall be final.

(2) The constitution of the Election Tribunal shall be prescribed by Statutes.

(3) If, during the progress of any election of members to any authority or body of the University, the Election Tribunal is satisfied that such election is vitiated by fraud or corrupt practice, the Election Tribunal may make an order annulling the proceedings in respect of such election or any part thereof and direct fresh proceedings to be started, in accordance with the provisions of this Act and the Statutes, the Ordinances and the Regulations, from such stage as may be specified in the order and such order of the Election Tribunal shall be fina

S.40 Casting the vote by the Chairman

At a meeting of the Court, the Executive Council, the Faculty Councils for Post-graduate and Undergraduate Studies or any other authority or body of the University, the person presiding at the meeting shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.

S.41 The University Fund

The University shall have a fund to be known as the University Fund to which shall be credited all its income from fees, fines, contributions, grants, donations, loans and advances and from any other source whatsoever. The University may also create, by Ordinances made in this behalf, separate special funds for the administration of Students' Welfare, Endowments, Donations and Gifts, Trust or specific grants or grants for other special purposes.

S.42 General limitations on financial powers of the University

(1) The budget of the University showing the receipt and expenditure of the University on different accounts shall be submitted to the State Government at least three months before the end of the financial year for approval.

(2) The State Government shall, at least one month before the end of the financial year, communicate its approval or otherwise of the budget of the University:

Provided that the State Government shall, from time to time, release grants to the University to incur expenditure till the budget is approved.

(3) If no communication is sent to the University by the State Government within the period as aforesaid, the budget shall be deemed to have been approved by the State Government.

(4) Notwithstanding anything to the contrary contained in this Act, the University shall not, except with the prior approval of the State Government, incur any expenditure on any amount in excess of amount specified in the budget on that account:

S.43 Provident Fund

Any provident fund instituted by the University for the benefit of its Teachers, officers, or employees shall be governed by the provisions of Provident Funds Act, 1925, as if such fund were a Government Provident Fund and the Executive Council shall have power to frame Ordinances, not inconsistent with the provisions of that Act, for the administration of the fund.

S.44 Annual Accounts and Audit

(1) The Annual Statement of Accounts 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 copies of the audit report thereon, be submitted to the Court and to the State Government and shall thereupon be published by the Court.

(3) The University shall have a continuous internal audit, and the report of such audit shall be submitted to the State Government as soon as possible after the end of every financial year.

(4) The State Government may require the University to supply to it any information in regard to the accounts and the budget and the University shall comply with such requisition.

S.45 Inspection

(1) The State Government shall have the right --

(a) to cause an inspection to be made, by such person or persons as it may direct,--
- (i) of the University, its buildings, laboratories, libraries, museums, press establishment, workshops and equipment,
- (ii) of any institution maintained by the University, and
- (iii) into all affairs of the University and of such institution including examination and other work conducted or done by the University or such institution; and
(b) to cause an enquiry to be made into the income, expenditure, properties, assets and liabilities of the University and of any such institution maintained by the University.

(2) The State Government shall, in every such case of inspection or enquiry, give previous notice to the University of its intention to cause such inspection or enquiry.

(3) The State Government shall communicate to the Court and the Executive Council i

S.46 Statutes

Subject to the provisions of this Act, Statutes may be made to provide for all or any of the following matters:--

(a) the declaration of posts as posts of officers of the University referred to in clause (4) of section 7;
(b) the establishment of authorities of the University referred to in clause (6) in section 15;
(c) the powers, duties, and terms and conditions of service of the officers of the University in so far as these have not been specifically provided for in this Act;
(d) the constitution, powers and duties of the authorities of the University in so far as these have not been specifically provided for in this Act;
(e) the rules and procedure for holding elections to the Court, the Executive Council and other authorities and bodies of the University;
(f) the holding of convocations to confer degrees, titles, diplomas, certificates and other academic distinctions, including honorary degrees and distinctions;

S.47 How to make Statutes

(1) The Executive Council may of its own motion, and shall, when required by the Court, make a draft of any Statute and submit the same to the Court. The draft so submitted shall be considered by the Court at a meeting or meeting to be held within a period of six weeks from the date of such submission (hereinafter referred to as the said period), and the draft so submitted shall, unless rejected or amended by the Court before the expiry of the said period by a majority of the total number of its members existing at the time, be deemed to have been passed by the Court. If the Court so rejects or amends the draft of any Statute, it shall be sent back to the Executive Council with the views of the Court for reconsideration. Thereupon, the Executive Council shall reconsider the draft and resubmit it to the Court with such changes as it may deem necessary. On such resubmission of the draft, it shall again be considered by the Court at a meeting to be held within a period of six weeks fr

S.48 Ordinances

Subject to the provisions of this Act and the Statutes, Ordinances may be made to provide for all or any of the following matters:--

(a) the admission of students to the University and their enrolment;
(b) the levy or fees in University Departments, Schools, Centres and in University Laboratories;
(c) the conditions of residence and rules of discipline of the students of the University and the levy of fees for residence in halls and hostels;
(d) the appointment of Teachers, officers and employees of the University, their emoluments, their duties and other terms and conditions of their service, in so far as these have not been specifically provided for in this Act or in the Statutes;
(e) rules for the institution of Provident Fund or other funds for the benefit of the Teachers, officers and employees of the University;
(f) rules for the establishment, maintenance and management-of University Libraries, University Museums, hal

S.49 How to make Ordinances

(1) Executive Council shall take into consideration drafts of Ordinances proposed to be passed, after notice thereof has been given to the members of the Executive Council at least three weeks in advance of the date fixed for consideration of the same by the Executive Council. The Vice-Chancellor may direct a shorter notice in a matter which in his opinion is of an emergent nature.

(2) An Ordinance shall be deemed to be passed by the Executive Council if it is agreed to by a majority of the total number of members of the Executive Council existing at the time.

(3) An Ordinance passed by the Executive Council in the manner specified in sub-sections (1) and (2) of this section shall be submitted to the Chancellor for assent and shall come into force on being assented to by the Chancellor and shall be reported to the Court at its next succeeding meeting.

(4) The Chancellor may direct that the operation of any Ordinance shall be suspended until such time as the Cou

S.50 Regulations

Subject to the provisions of this Act and the Statutes and the Ordinances, Regulations may be made to provide for any of me following matters:--

(a) the powers and functions of the Boards of Studies;
(b) the functions and duties of Teachers' Councils in, Universities;
(c) the conditions for admission to the different courses of study and examinations of students;
(d) the rules for the conduct of University examinations;
(e) the courses of study and the division of subjects upon the recommendations of the Faculty Council for Post-graduate and Undergraduate Studies concerned;
(f) the minimum qualifications for the Teachers of the University as per guidelines of the University Grants Commission or any other appropriate authority;
(g) all other matters which under this Act or the Statutes or the Ordinances are required to be or may be prescribed by Regulations.

S.51 How to make Regulations

(1) The Executive Council or a Committee appointed by it shall take into consideration drafts of Regulations, consistent with this Act and the Statutes and the Ordinances after notice of the proposed Regulations has been given to the members of the Executive Council at least Three weeks in advance of the date fixed for consideration of the same by the Executive Council or the Committee appointed by it. The Vice-Chanceller may direct a shorter notice in a matter which in his opinion is of an emergent nature.

(2) A Regulation shall be deemed to be passed by the Executive Council if it is agreed to at a meeting of the Executive Council by a majority of the total number of members of the Executive Council existing at the time. A Regulation shall come into force immediately on being passed unless otherwise directed by the Chancellor.

(3) The Court shall have the power, by a resolution passed by a majority of its total number of members existing at the time, to cancel or mo

S.52 Rules

Subject to the provisions of this Act, the Statutes, the Ordinances and the Regulations, Rules may be made for the purpose of carrying out the provisions of, or exercising the powers conferred by, this Act or to provide for matters which, by the Statutes, the Ordinances or the Regulations, are required to be prescribed by Rules.

S.53 Delegation

(1) The Vice-Chancellor or, with the approval of the Vice-Chancellor, the Registrar, may, subject to the provisions of this Act, delegate such of his powers or duties conferred or imposed by or under this Act as may be prescribed by the Statutes to an officer of the University under his direct administrative control.

(2) Subject to the provisions of this Act:--

(a) the Court may delegate any of its powers or duties, conferred or imposed by or under this Act, to--
- (i) the Vice-Chancellor,
- (ii) the Executive Council,
- (iii) a committee constituted from among its own members, or
- (iv) a committee appointed in accordance with the Statutes;
(b) the Executive Council may delegate any of its powers or duties, conferred or imposed by or under this Act, to--
- (i) the Vice-Chancellor,
- (ii) a committee constituted from among its own members,
- (iii) a committee constitute

S.54 Completion of course for students of erstwhile Presidency College affiliated to the Calcutta University

Notwithstanding anything contained in this Act, the Statutes, the Ordinances and the Regulations, any student of the erstwhile Presidency College affiliated formerly to the Calcutta University, who was studying for any examination of such University, shall upon upgradation of the college to the University be permitted to complete his course in preparation thereof and appear for examinations conducted by the former University or the University shall hold for such students, examinations in accordance with the curricula of study in force in the former University for such period as may be prescribed.

S.55 Transitory provisions and repeal

(1) The Chancellor shall, within three months from the date of publication of this Act in the Official Gazette, appoint a person to be the Vice-Chancellor under sub-section (4) of section 56, and he shall be the first Vice-Chancellor of the University and shall hold office for a period of one year, which may be extended by one year by the Chancellor in consultation with the Minister. The first Vice-Chancellor shall exercise all the powers and perform all the duties of the Vice-Chancellor under this Act.

(2) The first Vice-Chancellor shall, with the approval of the Chancellor and with the assistance of a committee consisting of not less than nine members nominated by the State Government, cause the first Statutes, the first Ordinances and the first Regulations of the University to be framed.

(3) The first Vice-Chancellor shall within one year from the date of his appointment or within such longer period, not exceeding two years from the date of his appointment, as the

S.56 The Presidency University Council

(1) With effect from such date as the State Government may, by notification in the Official Gazette, appoint, and until the appointed day all the powers and functions of the University, the Court, the Executive Council, the Faculty Councils for Postgraduate and Undergraduate Studies, the Boards of Studies, the Finance Committee and all other authorities to be constituted under this Act or the Statutes or the Ordinances shall, respectively, be exercised and performed by a Council to be known as the Presidency University Council.

(2) The following shall be the members of the Council:--

(i) the Chancellor;
(ii) the Vice-Chancellor;
(iii) the Secretary, Higher Education Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(iv) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Beng

S.57 Removal of difficulties

If on account of any lacuna or omission in the provisions of this Act, or for any other reason whatsoever, any difficulties arises as to the first constitutions of any authority or the University under this Act, or otherwise in giving effect to the provision of this Act, the State Government, as occasion may require, may by order do anything which appears to it to be necessary for the purpose of removing the difficulty notwithstanding anything to the contrary contained elsewhere in this Act or in any other law.