GOVERNMENT OF WEST BENGAL
LEGISLATIVE DEPARTMENT
West Bengal Act XLIX of 1974
THE BIDHAN CHANDRA KRISHI VISWA VIDYALAYA
ACT, 1974.
[Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 12th December, 1974.] [12th December, 1974.]
AnAct to establish and incorporate a University at Haringhata, in the district of Nadia, in West Bengal.
WHEREAS it is expedient to establish and incorporate a University at Haringhata, in the district of Nadia, in West Bengal, for providing facilities for the study of agriculture, animal husbandry and allied sciences and for conducting researches in those sciences; It is hereby enacted in the Twenty-fifth Year of the Republic of India, by the Legislature of West Bengal, as follows:—
CHAPTER I
Preliminary
1. (1) This Act may be called the Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974.
(2) It extends to the whole of West Bengal.
2. In this Act, unless the context otherwise requires,— Definitions.
(1) "Academic Council" means the Academic Council of the University;
(2) "Agriculture" includes basic and applied sciences relating to crop and livestock production, veterinary and dairy sciences, fisheries, forestry including farm forestry, home economics, agri- cultural Engineering and technology, marketing and processing, land use and management, soil and water management and all matters connected therewith or incidental thereto;
(3) "appointed day" means the 1st day of September, 1974;
(4) "authority" means any authority of the University specified in section 9;
Short title and
extent.
247
The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. Incorporation
of the
University.
[West Ben. Act
(Chapter IL—The University.—section 3.)
(5) "Board"means the Board of Management of the University constituted under section 10;
(6) "college" means a constituent college which has been established or recognised as such by the University under this Act;
(7) "Faculty" means a Faculty by the University;
(8) "hostel" means a place of residence for the students of the University maintained or recognised by the University;
(9) "Minister" means the Minister-in-charge of the Depart- ment of Agriculture of the Government of West Bengal;
(10) "officer" means an officer of the University specified in section 18;
(11) "prescribed" means prescribed by Statutes made under this Act;
(12) "principal" means the head of a college;
(13) "regulations" means regulations made under section 40 of this Act;
(14) "Statutes"means the Statutes made by the University under section 38 or the first Statutes made by the Vice-Chancellor under section 39 of this Act;
(15) "student" means a person enrolled in the University for taking a course of study for a degree, diploma or other academic distinction duly instituted;
(16) "teacher" means a person appointed or recognised by the University for the purpose of imparting instruction or conducting and guiding reasearch or extension programmes and includes any other person who may be declared by Statutes to be a teacher;
(17) "University" means the Bidhan Chandra Krishi Viswa Vidyalaya constituted under section 3.
CHAPTER II
The University
3. (1) The first members of the. University referred to in sub- section (3) and all persons who may hereafter become members of the University shall constitute a body corporate having perpetual succession and a common seal to be called the Bidhan Chandra Krishi Viswa Vidyalaya.
248
The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. XLIX of 1974.]
(Chapter IL—The University.—section 3.)
(2) The following persons shall be members of the University, namely :—
(a) the Chancellor, ex officio;
(b) the Vice-Chancellor, ex officio;
(c) the Secretary, Department of Education, Government of West Bengal, ex officio;
(d) the Secretary, Department of Agriculture and Commu- nity Development, Government of West Bengal, ex officio;
(e) the Secretary, Department of Animal Husbandry and Veterinary Services, Government of West Bengal, ex officio;
(f) the Secretary, Department of Finance, Government of West Bengal, ex officio;
(g) the Secretary, Department of Forests, Government of West Bengal, ex officio;
(h) The Secretary or the Joint Secretary-in-charge, Department of Co-operation, Government of West Bengal, ex officio;
(i) a representative of the Indian Council of Agricultural Research, to be nominated by the Council;
(j) a representative of the West Bengal Veterinary Council, to be nominated by the Council;
(k) the Deans of the Faculties, ex officio;
(1) the President of the Board of Secondary Education, West Bengal, ex officio;
(m) one person to be elected by the teachers from each Faculty not being the Dean, from amongst themselves in accordance with the provisions made by the Statutes in this behalf;
(n) five persons to be nominated by the Chancellor from amongst the agricultural scientists, educationists and persons with special knowledge or interest in agricul- ture;
(o) the Director of Agriculture, Government of West Bengal, ex officio;
(p) the Director of Animal Husbandry, Government of West Bengal, ex officio;
(q) the Director of Veterinary Services, Government of West Bengal, ex officio;
249
The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. [West Ben. Act
(Chapter IL—The University.—section 4.) Jurisdiction of
the University.
(r) the Milk Commissioner, Government of West Bengal, ex officio;
(s) two persons to be elected by the students from amongst themselves in accordance with the provi- sions made by the Statutes in this behalf;
(t) two persons to be elected by the registered graduates of the University from amongst themselves in accordance with the provisions made by the Statutes in this behalf; and
(u) members of the Board of Management who are not otherwise members of the University:
Provided that if the Secretary of a Department referred to in clause (c), (d), (e), (f), (g) or (h) is, for any reason, unable to attend any meeting of the University, he may depute the Special Secretary or the Joint Secretary of the Department to attend such meeting.
(3) The persons referred to in clauses (a) to (h), (1) and (o) to
(r) shall be the first members of the University.
(4) The University shall be competent to acquire and hold property, both movable and immovable, to lease, sell or otherwise transfer such property, to borrow money, to enter into contract and to do all things necessary for carrying out the purposes of this Act.
(5) The principal seat of the University shall be at Haringhata, police-station Haringhata, in the district of Nadia.
4. (1) The jurisdiction of the University in teaching, research and extension education programme in the field of agriculture shall extend to the whole of West Bengal.
(2) The University may assume responsibility for training of field extension workers and farmers in order to support the State's agricultural production programme and for the establishment, development and operation of agricultural polytechnics as may be required in various parts of the State.
(3) All colleges, research and experimental stations, or other institutions coming under the jurisdiction of this University shall be regarded as constituent units of the University under its full management and control and no unit shall be recognised as an affiliated unit.
(4) The University may collaborate with other Universities, research institutes and other scientific and academic institutions
250
The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. XLIX of 1974.]
(Chapter IL—The University.--sections 5-7.) pursuing the study of agriculture and sciences basic to agriculture, in making and implementing programmes of common interest for the benefit of agriculture whether such institutions are situated within or outside the State of West Bengal, in order to ensure that the efforts made by all of them become complimentary to one another.
5. The University shall be established with a view to fulfilling the following objects, namely :—
(1) making provision for imparting education in different branches of study in agriculture, horticulture, veterinary and animal sciences, fisheries, forestry, agricultural engineering, home science and other allied branches of learning and scholarship;
(2) furthering the advancement of learning and prosecution of research, in agriculture and other allied sciences;
(3) undertaking the extension of educational programme in the field of agriculture to the rural people of the State; and
(4) such other purposes as the University may from time to time determine.
6. (1) The University shall, subject to the provisions of this Act and the Statutes, be open to all persons provided that nothing in this section shall require the University to admit to any course of study any person who does not possess the prescribed academic standards.
(2) Notwithstanding anything contained in sub-section (/), the State Government may direct that seats shall be kept reserved for Scheduled Castes, Scheduled Tribes and candidates from other States in India for admission to any of the colleges subject to their fulfilling the minimum standards laid down for admission to such college.
7. The University shall exercise the following powers and discharge the following functions, namely :—
(/) to provide for instruction in agriculture;
(2) to make provision for dissemination of the findings of research and technical information through an extension education programme;
(3) to make provision for conducting research in agriculture and allied branches of learning;
(4) to institute degrees, diplomas and other academic distinctions;
(5) to institute courses of study and hold examinations for conferring degrees, diplomas and other academic distinctions on persons who have—
(a) pursued a course of study as prescribed, or Objects of the
University.
Admission to
the University.
Powers and
functions of the
University.
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The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. [West Ben. Act
(Chapter 1L—The University.—Section 8.) Inspection by
the State
Government.
(b) carried out research in the University or an institution recognised in this behalf by the University as may be prescribed;
(6) to confer honorary degree and other distinctions as may be prescribed;
(7) to provide lectures and instruction for field workers, village leaders and other persons not enrolled as regular students of the University and to grant certificates to them as may be prescribed;
(8) to co-operate with other Universities and authorities in such manner and for such purposes as the University may determine for the purposes referred to in section 4 of this Act;
(9) to maintain colleges relating to agriculture, fisheries, dairying, veterinary medicine, animal science, home science, agricultural engineering, forestry and allied sciences;
(10) to maintain laboratories, libraries, research stations and farms, institutions and museums for teaching, research and extension programmes;
(11) to institute teaching, research and other academic posts and to appoint persons to such posts;
(12) to create administrative and other posts and to appoint persons to such posts;
(13) to institute and award fellowships, scholarships and prizes in accordance with the Statutes;
(14) to provide and maintain residential accommodation for students and staff of the University;
(15) to fix, demand and receive such fees and other charges as may be prescribed;
(16) to supervise and control the residence, conduct and discipline of the students of the University and to make arrangements for promoting their health and welfare; and
(17) to do all such acts and things whether incidental to the powers aforesaid or not as may be required in order to further the objects of the University.
8. The State Government shall have the right to cause an inspection to be made by such person or persons as it may direct, of the University, its buildings, laboratories, and equipments, and of any college, agricultural school, experimental station, demonstration farm or other institution established, maintained, managed or recognised by the University, and also of any examination, teaching and other work conducted or done by the University, and may cause an inquiry to be made in like manner in respect of any matter connected with the University:
252
The Bidhan Chandra Krishi V swa Vidyalaya Act, 1974. XLIX of 1974.]
(Chapter III—Authorities of the University—sections 9, 10.) Provided that 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 be represented thereat.
(2) The State Government shall communicate to the University its views with reference to the results of any such inspection or inquiry, and shall, after ascertaining the opinion of the University thereon, advise the University upon the action, if any to be taken.
(3) The University shall report to the State Government the action, if any, which is proposed to be taken or has been taken by it upon the advice given under sub-section (2).
(4) When the University does not, within a resonable time, take action to the satisfaction of the State Government, the State Government may, after considering any explanation furnished or representation made by the University, issue such directions in writing as it may think fit and the University shall comply with those directions.
CHAPTER III
Authorities of the University
9. The following shall be the authorities of the University, namely:—
(1) the Board of Management,
(2) the Academic Council,
(3) the Board of Studies of each Faculty, and
(4) such other bodies as may be declared by the Statutes to be authorities of the University.
10. (1) The Chancellor shall, as soon as may be, after the first Vice- Chancellor is appointed under section 52, constitute a Board of Management.
(2) the Board shall consist of the following members, namely :—
(/) the Vice-Chancellor, ex officio;
(2) Secretary, Finance Department, Government of West Bengal, ex officio;
(3) Secretary, Agriculture and Community Development Department, Government of West Bengal, ex officio;
(4) Secretary, Animal Husbandry and Veterinary Services Department, Government of West Bengal, ex officio;
(5) Secretary, Department of Forests, Government of West Bengal, ex officio;
Authorities of
the University.
Constitution of
the Board.
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The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. [West Ben. Act
Powers and
functions of
the Board.
(Chapter HI—Authorities of the University—section 11.)
(6) Director of Agriculture, Government of West Bengal, ex officio;
(7) one technical Director representing Animal Husbandry and Veterinary Service Department (to be nominated by the Government of West Bengal);
(8) Deans of Faculties, ex officio;
(9) Director of Research of the University, ex officio;
(10) Director of Extension of the University, ex officio;
(11) two persons to be elected by the teachers from amongst themselves in accordance with the provisions made by the Statutes in this behalf subject to the condition that not more than one teacher shall be so elected from any single Faculty;
(12) one representative of the Indian Council of Agricultural Research;
(13) four eminent scientists with a background of agricultural research or education to be nominated by the Chancellor;
(14) two progressive farmers to be nominated by the State Government;
(15) one person representing Agro-Industries to be nominated by the State Government:
Provided that if the Secretary of a Department referred to in clauses (2), (3), (4) or (5) is, for any reason, unable to attend any meeting of the Board, he may depute the Special Secretary or the Joint Secretary of the Department to attend such meeting.
(3) The Vice-Chancellor shall be the ex officio Chairman and the Registrar non-member Secretary of the Board.
(4) The term of office of the members of the Board, other than the ex officio members, shall be three years, and a member shall be eligible to serve more than one term.
11. (1) The Board shall exercise the following powers and perform the following functions, namely:—
(a) to review and consider the financial requirements and estimates for the University and approve its budget;
(b) to approve the recommendations for appointment of officers, teachers and other staff of the University in the manner prescribed;
254
The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. XLIX of 1974.]
(Chapter !IL—Authorities of the University—section 11.)
(c) to provide for the administration of any funds placed at the disposal of the University for the purposes intended;
(d) to arrange for the investment and withdrawal of funds of the University;
(e) to borrow money for capital improvements and make suitable arrangements for its repayment;
(f) to provide for accepting, acquiring, holding and disposing of property on behalf of the University;
(g) to direct the form and use of the common seal of the University;
(h) to appoint such committees, either standing or temporary, as the Board may consider necessary, and determine the terms of reference thereof within the limitations of this Act or the Statutes;
(i) to determine and regulate all policies relating to the University in accordance with this Act or the Statutes;
Q) to make financial provision for instruction, teaching and training in such branches of learning and courses of study as may be determined by the Academic Council within the purposes of this Act and for research and advancement or dissemination of knowledge in such branches of learning;
(k) to provide for the establishment and maintenance of colleges, hostels, laboratories, experimental farms and other facilities necessary for carrying out the purposes of this Act;
(1) to make provision for instituting and conferring degrees, diplomas, and other academic distinctions;
(m) to provide for institution, maintenance, and award of scholarships, fellowships, studentships, medals, prizes etc.;
(n) to accept on behalf of the University Trusts, bequests and donations;
(o) to meet at such times and in such places as it considers necessary, provided that it shall hold meetings at least once in every two months;
255
The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. [West Ben. Act
(Chapter III—Authorities of the University—section 12.)
(p) to exercise such other powers and perform such other duties as may be necessary for carrying out the purposes of this Act.
Academic
Council.
(2) The Board or the Vice-Chancellor may invite any person having experience or special knowledge on any subject under consideration to attend its meeting. Such person may speak or otherwise take part in the proceedings of such meeting but shall not be entitled to vote. Any person so invited shall be entitled to such allowances as may be prescribed.
12. (1) The Academic Council shall be in-charge of the academic affairs of the University and shall, subject to the provisions of this Act and the Statutes, superintend, direct and control, and be responsible for the maintenance of standards of instruction, education and examina- tion and other matters connected with the conferment of degrees or award of diplomas and shall exercise such other powers and perform such other duties as may be conferred or imposed on it by the Statutes.
(2) The Academic Council shall consist of the following members, namely :—
(a) the Vice-Chancellor, Ex officio Chairman,
(b) the Pro-Vice-Chancellor, if any,
(c) the Deans of the Faculties,
(d) the Associate Deans, if any,
(e) the Director of Research,
(f) the Director of Extension,
(g) the Chief Conservator of Forests, West Bengal,
(h) the Dean, Students' Welfare,
(i) the Librarian,
U) the Director of Agriculture or a senior scientist dealing with agricultural education, nominated by the Director of Agriculture,
(k) the Director of Fisheries, West Bengal,
(1) the Registrar, Co-operative Societies, West Bengal,
(m) a senior scientist of the Department of Animal Husbandry and Veterinary Services, Government of West Bengal, dealing with veterinary and animal service education, nominated by that Department,
(n) all heads of departments of the various Faculties,
256
The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. XLIX of 1974.]
(Chapter IIL—Authorities of the University—section 13.)
(o) one representative of the lecturers from each Faculty, to be chosen in the manner prescribed,
(p) one representative of the Readers from each Faculty, to be chosen in the manner prescribed,
(q) the Dean of the Post-Graduate Studies referred to in section 27,
(r) two representatives of students elected by them in the manner prescribed, one of whom at least shall be a post- graduate student,
(s) the Registrar, ex officio Secretary, and
(t) such other members as may be prescribed.
(3) The Academic Council may co-opt as members not more than five persons for such periods and in such manner as may be prescribed so as to ensure adequate representation from different fields of agriculture.
13. (1) The Academic Council shall, subject to the provisions of this Act and the Statutes, have the power to provide by regulations different courses of study and the curricula, shall have general control over the teaching and other educational programmes of the University, and shall be responsible for the maintenance of standards thereof.
(2) In particular, and without prejudice to the generality of the foregoing powers, the Academic Council shall have the powers—
(a) to advise the Board on all academic matters including the control and management of libraries;
(b) to make recommendations for the institution of professorships, associate professorships, readerships and other teaching posts including posts in connection with research and extension and lay down the duties attached to such posts;
(c) to formulate, modify or revise schemes for the constitution or reconstitution of departments of teaching, research and extension education;
(d) to make regulations regarding the admission of students to the University and determine the number of students to be admitted;
(e) to make regulations relating to the courses of study leading to degrees, diplomas and certificates; (fl to make regulations relating to the conduct of examinations and to maintain and promote standards; Powers,
functions and
duties of
Academic
Council.
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The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. [West Ben. Act
(Chapter 111—Authorities of the University.—sections 14-16.)
(g) to make recommendations regarding post-graduate teaching, research and extension education;
(h) to make recommendations regarding the qualifications to be prescribed for teachers of the University; and
(i) to exercise such other powers and perform such other duties as may be conferred or imposed on it by or under the provisions of this Act or the Statutes made thereunder.
14. (1) The University shall have the Faculties of Agriculture, Veterinary and Animal Sciences, and such other faculties as may be prescribed.
(2) Each Faculty shall comprise such departments and deal with such subjects of study as may be prescribed.
(3) There shall be a Board of Studies of each Faculty, the constitution and powers of which shall be such as may be prescribed.
(4) There shall be a Dean for each Faculty who shall be chosen in such manner and for such term as may be prescribed.
(5) The Dean shall be the Chairman of the Faculty and be responsible for the faithful observance of the Statutes and regulations relating to the Faculty and for the organisation and conduct of the teaching, research and extension work of the departments comprised therein. In carrying out the research and extension programmes he shall work in close co-operation with the Associate Deans, Directors of Research and Extension respectively.
(6) Each Department shall have a Head whose appointment, powers and duties shall be as prescribed and who shall be responsible to the Dean for the proper organisation and working of the department. He shall be responsible to the Directors of Research and Extension respectively, for the research and extension programmes entrusted to his Department.
15. Every authority shall have the power to appoint committees which may, unless otherwise provided in this Act or Statutes, consist of some members of the authority and some other persons, if any, as it may think fit.
16. (1) Save as otherwise provided in this Act any casual vacancy among the members, other than ex officio members, of any authority or other body of the University shall be filled as soon as possible by the person or body who appointed, elected or co-opted the member whose Faculties.
Committees.
Supplemen-
tary provisions
relating
membership.
258
The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. XLIX of 1974.]
(Chapter IIL—The Authorities of the University.—section 17.) place has become vacant, and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the period for which the person whose place he fills would have been a member.
(2) The Board may remove any person from membership of any subordinate authority or body of the University on the ground that such person has been convicted of an offence involving moral turpitude provided that no order for removal shall be passed against any person without giving him an opportunity of being heard.
(3) A person who being a member of any authority of the University is appointed or elected to be a member of another body and who cannot retain his membership of the authority on that ground shall retain his membership of the authority until his successor is duly appointed or elected.
(4) If any question arises whether any person has been duly appointed or elected or is entitled to be a member of any authority of the University subordinate to the Board, or whether any decision of the Board is in accordance with this Act or the Statutes the question shall be referred to the Chancellor whose decision thereon shall be final.
17. (1) No act or proceedings of any authority or other body of the Validation. University shall be invalid merely by reason of the existence of any vacancy among its members or by reason of any person having taken part in the proceedings who is subsequently found not to have been entitled to do so.
(2) Save as otherwise provided in this Act all acts done and orders passed in good faith by the University or any of its authorities shall be final, and no suit shall be instituted against, or damage claimed from, the University or any of its authorities for anything done or purported to have been done in pursuance of this Act or the Statutes or the regulations made thereunder.
(3) No suit, prosecution or other proceeding shall lie against any officer or other employee of the University for any act done or purported to have been done under this Act or the Statutes, without the previous sanction of the Board.
(4) No officer or other employee of the University shall be liable for any such act in any civil or criminal proceeding if the act was done in good faith in the discharge of his duties imposed by or under this Act.
259
The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. [West Ben. Act
(ChapterIV.—Officers.sections 18-20.) Officers of the
University.
The Chancellor.
The Vice-
Chancellor.
CHAPTER IV
Officers
18. The following shall be the officers of the University, namely
(/) the Chancellor,
(2) the Vice-Chancellor,
(3) the Pro-Vice-Chancellor,
(4) the Registrar,
(5) the Comptroller,
(6) the Librarian,
(7) the Dean, Students' Welfare,
(8) the Director of Research,
(9) the Director of Extension,
(10) the Deans of Faculties,
(11) the Dean of Post-Graduate Studies, and
(12) such other persons in the service of the University as may be declared by the Statutes to be officers of the University.
19. (1) The Governor of West Bengal shall be the Chancellor of the University.
(2) The Chancellor shall be the Head of the University and shall, when present, preside at any Convocation of the University.
(3) Every proposal to confer any honorary degree shall be subject to confirmation by the Chancellor.
(4) The Chancellor shall exercise such other powers and perform such other duties as may be conferred or imposed on him by this Act.
20. (1) The Vice-Chancellor shall be a whole-time officer of the University and shall be appointed by the Chancellor in consultation with the Minister.
(2) The Vice-Chancellor shall hold office for a term of three years and shall be eligible for reappointment. The emoluments and other conditions of service of the Vice-Chancellor shall be such as may be prescribed and shall not be varied to his disadvantage after his appointment.
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The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. XLIX of 1974.1
(Chapter IV.—Officers.—section 21.)
(3) The Vice-Chancellor may by writing under his hand addressed to the Chancellor resign his office. The resignation shall be delivered to the Chancellor ordinarily at least sixty days prior to the date on which the Vice-Chancellor wishes to be relieved of his office, but the Chancellor may relieve him earlier. The resignation shall take effect from the date of acceptance.
(4) During the temporary absence of the Vice-Chancellor on leave or due to any other reason the Chancellor may authorise any person to officiate as Vice-Chancellor and discharge all his duties.
21. (1) The Vice-Chancellor shall be the principal executive officer of the University and shall be the ex officio Chairman of the Board and the Academic Council. He shall, in the absence of the Chancellor, preside at the Convocation of the University and confer degrees on persons entitled to receive them.
(2) The Vice-Chancellor shall exercise general control over the affairs of the University and shall be responsible for the due maintenance of the discipline in the University.
(3) The Vice-Chancellor shall convene the meetings of the Board and the Academic Council.
(4) The Vice-Chancellor shall ensure the faithful observance of the provisions of this Act and the Statutes and the regulations made thereunder, and he shall possess all such powers as may be necessary for fulfilling his duties in this behalf.
(5) The Vice-Chancellor shall be responsible for the presentation of the annual financial estimates and annual accounts and balance sheet to the Board.
(6) The Vice-Chancellor may take any action in an emergency which in his opinion calls for immediate action. He shall in such cases and as soon as may be thereafter report his action to the authority which shall ordinarily have dealt with the matter.
(7) Subject to the provisions of the preceding sub-sections the Vice-Chancellor shall give effect to the orders of the Board regarding the appointment, suspension and dismissal of officers, teachers and other employees of the University.
(8) Where any action taken by the Vice-Chancellor under sub- section (6) affects any person in the service of the University to his Powers and
duties of
the Vice-
Chancellor.
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The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. [West Ben. Act
Pro-Vice-
Chancellor.
The Registrar.
The
Comptroller.
(Chapter1V.—Officers.—sections 22-24.) disadvantage, such person may prefer an appeal to the University within thirty days from the date on which such person has notice of the action taken.
(9) The Vice-Chancellor shall be responsible for the proper administration of the University and for a close co-ordination and integration of teaching, research and extension education.
22. If in the opinion of the Board it is necessary to have one or more Pro-Vice-Chancellors as full-time officers of the University the Board may make recommendation in this behalf and the Chancellor may approve the proposal for creation of such posts. A Pro-Vice- Chancellor shall be appointed by the Board in consultation with the Minister for such period and on such terms and conditions as may be fixed by the Board. A Pro-Vice-Chancellor shall have such duties and shall perform such functions as may be prescribed.
23. (1) The Registrar shall be a whole-time officer of the University and shall be appointed by the Vice-Chancellor subject to the approval of the Board and the Chancellor.
(2) The salary and allowances payable to the Registrar shall be such as may be prescribed.
(3) The Registrar shall be responsible for the due custody of the records and the common seal of the University. He shall be ex officio Secretary to the Academic Council and shall be bound to place before it all such information as may be necessary for the transaction of business. He shall keep a permanent record of all courses, curricula and other information as may be deemed necessary.
(4) The Registrar shall be responsible for maintaining a permanent record of the academic performance of students including the courses taken, grades obtained, degrees awarded, prizes or other distinctions won, and any other items pertinent to their academic performance.
(5) The Registrar shall perform such other duties as may be prescribed or which may be assigned by the Board or the Vice-Chancellor.
24. (1) The Comptroller shall be a whole-time officer of the University and shall be appointed by the Vice-Chancellor subject to the approval of the Board and the Chancellor.
(2) The salary, allowances and other conditions of service of the Comptroller shall be such as may be prescribed.
262
The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. XLIX of 1974.]
(ChapterIV.-0fficers.—sections 25-27.)
(3) The Comptroller shall manage the funds and investments of the University and shall advise in regard to its financial policy.
(4) The Comptroller shall be responsible to the Vice-Chancellor in the preparation of the budget and the statement of accounts of the University.
(5) The Comptroller shall be responsible to the Vice-Chancellor for ensuring that expenses are made in terms of authorisation in the budget. When any revision of the budget is needed in connection with any new programmes or changed requirements or for other reasons he shall prepare a revised or supplementary budget and cause it to be placed before the appropriate authority for approval. He may disallow any expenditure which may contravene the terms of any Statute or for which provision is required to be made by a new Statute.
25. (1) The Librarian shall be appointed by the Vice-Chancellor The Librarian. subject to the approval of the Board and shall be responsible for all matters concerning the library.
(2) The salary, allowances and other conditions of service of the Librarian shall be such as may be prescribed.
26. (1) There shall be a Dean for each Faculty of the University who shall be chosen in such manner and for such period as may be prescribed.
(2) The Dean shall be the Chairman of the Board of Studies of the Faculty concerned and shall be responsible to the Vice-Chancellor for the faithful observance of the Statutes and regulations relating to the Faculty. In carrying out his responsibilities the Deans shall work in close collaboration with other officers including the Associate Deans, Directors of Research and Extension and shall generally work through the Heads of the Departments of the Faculty.
(3) The Deans shall have such other duties and perform such other functions as may be assigned to them by the Statutes.
27. (1) There shall be a Dean to be designated as the Dean of Post- Graduate Studies, who shall co-ordinate the activities of all the Faculties. He shall be a whole-time officer of the University and shall be appointed by the Vice-Chancellor subject to the approval of the Board.
(2) The salary, allowances and other terms and conditions of service of the Dean of Post-Graduate Studies shall be such as may be prescribed.
The Deans of
Faculties.
The Dean of
Post-Graduate
Studies.
263
The Bidhan Chandra Krishi V s a Vidyalaya Act, 1974. [West Ben. Act
(Chapter 1V.—Officers.--sections 28, 29.--Chapter V.—Research and Extension.—sections 30, 31.)
The Director
of Research.
The Director
of Extension.
28. CO There shall be a Director of Research who shall be a whole- time officer of the University. He shall .be appointed by the Vice-Chancellor with the prior approval of the Board and the Chancellor in accordance with the Statutes made in this behalf. The Director of Research shall be responsible for carrying out the Research Programmes.
(2) The salary, allowances and other terms and conditions of service of the Director of Research shall be such as may be prescribed.
(3) The Director of Research shall exercise such other powers and perform such other duties as may be conferred or imposed on him by the Statutes.
29. (1) There shall be a Director of Extension who shall be a whole-time salaried officer of the University responsible to the Vice- Chancellor. He shall be appointed by the Vice-Chancellor with the prior approval of the Board and the Chancellor in accordance with the Statutes made in this behalf.
(2) The pay, allowances and other terms and conditions of service of the Director of Extension shall be such as may be prescribed.
(3) The Director of Extension shall be responsible for the execution of agricultural extension programme drawn up under this Act. He shall exercise such other powers and perform such other duties as may be conferred or imposed on him by the Statutes.
CHAPTER V
Research and Extension Agricultural
development
programme.
Agricultural
extension
programme.
30. Subject to the provisions of this Act and the Statutes, the University shall undertake research programmes throughout the State of West Bengal with a view to aiding the development of agriculture.
31. (1) An Agricultural Extension Programme shall be taken up in the University with a view to making available to farmers and others the findings of research and helping them to solve their problems. It shall conduct demonstration and training programmes for the benefit of students, extension workers, cultivators and rural people. Increased agricultural production shall be the principal objective of all extension activities and these activities shall be co-ordinated with the other functions of the University and other appropriate agencies of the State.
(2) The Agricultural Extension Programme shall be developed
264
The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. XLIX of 1974.]
(Chapter V—Research and Extension.—section 32.—Chapter VL— Appointment of Teachers, Officers and other employees.—section 33.—Chapter V11.—University Funds, Annual Report and Accounts.—sections 34, 35.)
under the guidance of a Director of Extension responsible to the Vice-Chancellor.
32. (1) In consultation with the appropriate officers of the Co-ordination University, the Vice-Chancellor shall take such steps as may be of functions. necessary for the full co-ordination of teaching, research and extension activities of the University.
(2) The University shall carry out its programme of research and extension education keeping in view the needs of the State and shall provide the appropriate technical support and consultative advice to the State Government in its activities in agricultural development.
CHAPTER VI
Appointment of Teachers, Officers and other employees
33. (1) Subject to the provisions of this Act the members of the teaching staff of the University shall be appointed by the Vice- Chancellor with the approval of the Board. All other officers and other employees shall be appointed by such authorities as may be prescribed.
(2) Subject to the provisions of the Statutes every officer and teacher of the University shall be appointed under a written contract. The contract shall be lodged with the Vice-Chancellor and a copy thereof shall be furnished to the officer or teacher concerned.
(3) The number of teachers, officers and other employees of the University and the method of their selection shall, unless otherwise provided in this Act, be such as may be prescribed.
CHAPTER VII
University Funds, Annual Report and Accounts
34. (1) The University shall have a fund to be called the Bidhan Chandra Krishi Viswa Vidyalaya Fund, hereinafter referred to as the University Fund.
(2) All monies received by the University by way of fees, fines, endowments, grants, donations, bequests or loans or on any other account whatsoever, shall be credited to, and all expenditure incurred by the University shall be paid out of, the University Fund:
35. The State Government may in every year make such recurring and non-recurring grants to the University as the State Government Appointment
of teachers,
officers
and other
employees.
Fund of the
University.
Government
grants.
265
The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. [West Ben. Act
Annual report.
Annual
accounts and
budget.
Statutes.
(Chapter VIL—Univesity Funds, Annual Report and Accounts.— sections 36, 37.—Chapter VIM—Statutes and Regulations.— section 38.)
may deem necessary for the proper functioning of the University and for carrying out its objectives as envisaged in this Act.
36. An annual report showing the various activities of the University shall be prepared under the direction of such subordinate authority or officer and shall be submitted to the University on or before such date as may be prescribed. The annual report shall be considered by the University at a meeting.
37. (1) As soon as may be after the close of a year the accounts of the University for that year shall be audited by an auditor appointed by the State Govemment or in such other manner as the State Government may direct.
(2) The University shall consider the audited annual accounts at a meeting and may take such action thereon as it thinks fit.
(3) The budget foreach year shall be presented to and considered by the University at a meeting convened for the purpose not less than one month before the end of the preceding year.
(4) Copies of the budget as passed by the University and the audited accounts together with copies of the audit report shall be submitted to the Chancellor and to the State Government.
(5) The State Governmentmay require the University to supply to it any information in regard to the accounts and the budget of the University and the University shall comply with such requisition.
CHAPTER VIII
Statutes and Regulations
38. Subject to the provisions of this Act the Statutes may provide for all or any of the following matters, namely :—
(1) the constitution, powers and duties of the authorities;
(2) the powers, functions, duties, manner of appointment and the terms and conditions of service of the officers other than the Chancellor;
(3) the designation, manner of appointment and the terms and conditions of service of the teachers and other non-teaching staff;
(4) the conferment and withdrawal of honorary degrees and academic distinctions;
266
The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. XLIX of 1974.]
(Chapter VIM—Statutes and Regulations.—Sections 39, 40.— Chapter IX.—Transfer of Colleges and Employees Fund.— Sections 41,42.)
(5) the establishment, amalgamation, subdivision and abolition of faculties;
(6) the establishment of departments of teaching in the faculties;
(7) the terms and conditions of service of the Vice-Chancellor;
(8) the establishment of a pension or provident fund or any other insurance scheme for the benefit of officers, teachers and other employees of the University; and
(9) all other matters which are required to be or may be prescribed.
39. (1) The first Statutes with regard to matters set out in section Statutes—how 38 shall be made by the Vice-Chancellor with the approval of the made. Chancellor.
(2) Additional Statutes on all matters required to be prescribed, may be made by the Vice-Chancellor with the approval of the Executive Council and the Chancellor.
40. The authorities of the University may make regulations not Regulations. inconsistent with this Act and the Statutes and the Ordinances for the purpose of—
(a) lying down the procedure to be observed at their meetings and the number of members required to form the quorum; and
(b) providing for matters which by this Act or the Statutes or the Ordinances have to be regulated by regulations.
CHAPTER IX
Transfer of Colleges and Employees Fund
41. (1) Notwithstanding anything contained in any other law, on and from the appointed day the college of Agriculture, Kalyani, shall stand disaffiliated from the Kalyani University and the Bengal Veterinary College, Calcutta, stand disaffiliated from the University of Calcutta and transferred to the University as its constituent colleges.
(2) On and from the appointed day the control and Manage- ment of the colleges specified in sub-section CO and all properties, assets and liabilities in relation thereto shall stand transferred to and vest in the University.
42. Every student of any of the colleges specified in sub- section (1) of section 41 who immediately before the appointed day was studying in such college shall be permitted to complete his Transfer of
Colleges to the
University.
Students to
continue their
studies.
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The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. [West Ben. Act
New College
be consituted
as a consti-
tutent college.
Transfer of
service of
certain
employees.
Transfer of
accumulations
in provident
fund.
(ChapterIX.—Transfer of Colleges and Employees Fund.—Sections 43-45.—Chapter X.—Amendment—Section 46—Chapter XL— Division of assets and transfer of employees of the Kalyani University.—Section 47.)
course of study in the University and the University shall make arrangements :—
(a) for instruction, teaching, training and holding of examination in such manner as may be determined by the University; and
(b) for the conferment of the degree, diploma, or other academic distinction of the University upon the qualified student on the result of such examination.
43. On and from the appointed day, no new college imparting education in agriculture and allied sciences shall be established except as a constituent college of the University.
44. (1) As soon as may be after the appointed day, the State Government may, after consulting the Vice-Chancellor, direct, by general or special order, that such of the employees of the State Government as are specified in the order shall be transferred to the University with effect from such date as may be mentioned therein :
Provided that no such order shall be issued in respect of any employee without the consent of such employee.
(2) Persons referred to in sub-section CO shall hold office under the University subject to such terms and conditions, not being less advantageous than what they were entitled to immediately before the appointed day, as may be determined by the University by Statutes.
45. The sums at the credit of the provident fund accounts of the employees referred to in sub-section (1) of section 44 shall be transferred to the University and the liability in respect of the said sums shall thereafter be the liability of the University.
CHAPTER X
Amendment
46. The Kalyani University Act, 1960, shall, with effect from the appointed day, stand amended to the extent and in the manner specified in the Scheduled.
CHAPTER XI
Division of assets and transfer of employees of the Kalyani University
47. (1) The State Government may, by notification in the Official Gazette, transfer such assets and liabilities including lands, buildings, books, equipments, laboratories, etc., belonging to the Kalyani Amendment of
the Kalyani
University
Act, 1960
(West Ben.
Act XIII of
1960).
Division of assets.
268
The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. XLIX of 1974.]
(Chapter XL—Division of assets and transfer of employees of the Kalyani University—Sections 48, 49.)
University, as may be considered necessary, for the proper functioning of the Bidhan Chandra Krishi Viswa Vidyalaya keeping in view the overall interests of both the Universities.
(2) Pending the establishment of the principal seat of the University at Haringhata and the construction of administrative buildings, laboratories, students' hostels, staff quarters and other essential buildings, the Bidhan Chandra Krishi Viswa Vidyalaya Shall function at Kalyani and the State Government shall make necessary interim arrangements by dividing the present campus of the Kalyani University and allocating the lands, buildings, libraries, farms, equipments, etc., to the Bidhan Chandra Krishi Viswa Vidyalaya.
(3) The Agricultural Faculty building at Kalyani and such of the hostels, research farms and lands belonging to the Kalyani University as may be decided by the State Government, shall be transferred permanently to the Bidhan .Chandra Krishi Viswa Vidyalaya and shall be used by the University for its purposes.
(4) All buildings, lands, research farms and other properties belonging to the Kalyani University and located within the Haringhata police-station or within village Mohonpur or Gayeshpur, in the district of Nadia, shall, with effect from the appointed day, stand transferred to the Bidhan Chandra Krishi Viswa Vidyalaya.
48. For aiding and advising the State Government for giving effect to the provisions of this Chapter, the State Government may constitute a Committee consisting of the following persons, namely :—
(1) Vice-Chancellor, Kalyani University,
(2) Vice-Chancellor, Bidhan Chandra Krishi Viswa Vidyalaya,
(3) Secretary, Department of Agriculture and Community Development,
(4) Secretary, Department of Education,
(5) Secretary, Department ofAnimal Husbandry and Veterinary Services.
49. (1) All the members of the teaching and non-teaching staff of the Faculty of Agriculture of the Kalyani University shall, with effect from the appointed day, be transferred to the Bidhan Chandra Krishi Viswa Vidyalaya.
(2) With regard to any employee of the Kalyani University other than those mentioned in sub-section (1) the State Government Advisory
Committee.
Transfer of
staff.
269
The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. [West Ben. Act
Interim order
of transfer of
staff.
Protection of
terms of
service.
(Chapter XL—Division of assets and transfer of employees of the Kalyani University—Sections 50, 51.—Chapter X11. Transitory provisions and removal of difficulties.—Sections 52-56.) may, if considered necessary and subject to the agreement of the employee concerned, transfer him to the Bidhan Chandra Krishi Viswa Vidyalaya.
50. Pending finalisation of such transfer of employees to the Bidhan Chandra Krishi Viswa Vidyalaya, the State Government may pass interim orders of transfer allocating temporarily any of the employees of the Kalyani University to the Bidhan Chandra Krishi Viswa Vidyalaya.
51. Every person transferred to the Bidhan Chandra Krishi Viswa Vidyalaya shall hold office subject to such terms and condi- tions not being less advantageous than what they were entitled to immediately before their transfer.
Appointment
of the first
Vice-
Chancellor.
Appointment
of the first
Registrar and
first
Comptroller.
Removal of
difficulty.
Delegation of
powers.
Repeal and
savings.
CHAPTER XII
Transitory provisions and removal of difficulties
52. Notwithstanding anything contained in sub-section (2) of section 20 the first Vice-Chancellor of the University shall be appointed by the Chancellor in consultation with the Minister fora period not exceeding three years on such terms and conditions as may be decided by the State Government.
53. Notwithstanding anything contained in section 23 and 24 the first Registrar and the first Comptroller of the University shall be appointed by the State Government for a period not exceeding three years on such terms and conditions as it thinks fit.
54. If any difficulty arises in giving effect to the provisions of this Act the State Government may take such steps or issue such orders not inconsistent with this Act as may be necessary for removal of the difficulty.
55. The Board may, by order, delegate to any officer or authority of the University, any of its powers or functions under this Act, to be exercised or performed by such officer or authority subject to such conditions or restrictions as may be specified in the order.
56. (1) The Bidhan Chandra Krishi Viswa Vidyalaya Ordinance, 1974, is hereby repealed.
(2) Anything done or any action taken under the Bidhan Chandra Krishi Viswa Vidyalaya Ordinance, 1974, shall be deemed to have been validly done or taken under this Act as if this Act had commenced on the 1st day of September, 1974.
West Ben.
Ord. X of
1974.
270
The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. XLIX of 1974.]
(Schedule.)
THE SCHEDULE
(See section 46.) Amendments to the Kalyani University Act, 1960 (West Ben. Act XIII of 1960.)
1. In the preamble, the words "generally, and agricultural, veterinary and the allied sciences in particular, and for conducting researches in those sciences for the benefit of the rural and other areas in the State of West Bengal" shall be omitted.
2. In section 2, clause (a) shall be omitted.
3. In section 4,—
(a) in clause (1), the words "generally, and the agricultural, veterinary and allied sciences in particular" shall be omitted;
(b) clause (2) shall be omitted;
(c) in clause (3), the words "for the benefit of the rural and other areas in West Bengal" shall be omitted;
(d) clause (5) shall be omitted;
(e) in sub-clause (a) of clause (7), for the words ", a college or a recognized agricultural school", the words "or a college" shall be substituted;
(f) in clause (14), for the words ", colleges, recognized agricultural schools and other institutions", the words
"and colleges" shall be substituted;
(g) in clause (16), for the words "or any agricultural school referred to in clauses (4) and (5)", the words "referred to in clause (4)" shall be substituted;
(h) in clause (/ 7), the words ", including posts in connection with the execution of extension and other programmes, undertaken in furtherance of the purposes of this Act,"
shall be omitted.
4. In sub-section (1) of section 8,—
(a) clauses (v), (vi) and (vii) shall be omitted;
(b) for clause (xi), the following clause shall be substituted, namely :—
"(xi) three persons to be nominated by the Chancellor.".
5. Sub-section (2) of section 11 shall be omitted.
6. In section 20—
(a) in sub-section (5),—
(i) in clause (h), the words ", experimental stations, demonstration farms" shall be omitted, and
(ii) in clause U); the words ", agricultural schools" shall be omitted;
271
The Bidhan Chandra Krishi Viswa Vidyalaya Act, 1974. [West Ben. Act XLIX of 1974.]
(Schedule.)
(b) in sub-section (6),—
(i) in clause (d), the words ", agricultural schools" shall be omitted,
(ii) in clause (k), the words ", agricultural schools" shall be omitted, and
(iii) in clause (1), the words "including recognized agricultural schools" shall be omitted.
7. In sub-section (1) of section 24, the words ",agricultural school, experimental station, demonstration farm" shall be omitted.
272