BU Statute
BU Statute
(2) They shall come into force from such date as the State
                                                                                Government, in terms of sub-section (5) of section 57 of the Act, may
                                                                                appoint.
                                                                                       St. 2 (Const.) (1) In these Statutes unless the context otherwise
            THE UNIVERSITY OF BURDWAN                                                             requires—
                                                                                  Definition         (a)    “The Act” shall mean the Burdwan University
         Statutes relating to election procedure to the Court,
                                                                                                  Act, 1981 (West Ben. Act XXIII of 1981); and
           the Executive Council, the Faculty Councils for
                                                                                       (b)   words and expressions used shall be interpreted to have the
               Post-Graduate Studies, the Councils for
                                                                                             same meaning as they have in the Act and as defined in these
                  Under-Graduate Studies and other                                           Statutes;
                     Authorities of the University                                     (2) “Form” shall mean a form as may be prescribed by the Vice-
       WHEREAS I, the first Vice-Chancellor, with the approval of the           Chancellor for realising the objects of these Statutes.
Chancellor and with the assistance of the Committee appointed under sub-
section (2) of the section 57 of the Burdwan University Act, 1981 have
reviewed the “Statutes relating to the Constitution of the University and                                       CHAPTER II
Elections to the University and the Subordinate Authorities” of the former
University and consider it necessary to amend the said Statutes ;                                GENERAL PROVISIONS RELATING     TO   ELECTIONS
       NOW, THEREFORE, in exercise of the power conferred upon me by
sub-section (2) of section 57 of the Burdwan University Act, 1981 (West                 St. 3. (Const.) (1) Except as may be specifically prescribed otherwise,
Ben. Act XXIII of 1981), I, the first Vice-Chancellor with the approval of       Elections to the     all elections to the Court and other Authorities shall be
                                                                                 Court and other      held in accordance with the provisions of and the
the Chancellor cause the said Statutes to be amended and to make the            Authorities of the    procedure prescribed by these Statutes.
following Statutes :                                                                University
                                                                                                              (2) In these Stautes, unless the context otherwise
      These Statutes may be called the Statutes relating to the election        requires—
procedure to the Court, the Executive Council, the Faculty Councils for post-           (i)      “Constituency” in relation to any election of a member or
Graduate Studies, the Councils for Under-Graduate Studies and other                              members of any Authority means the body of electors who are
Authorities of the University.                                                                   required by the Act, the Statutes, the Ordinances, the
                                                                                                 Regulations or the Rules to elect such member or members to
                                                                                                 the Authority;
                                                                                       (ii)    “Contesting Candidate” at any election means a candidate
                               CHAPTER I
                                                                                               whose nomination paper has been found valid on scrutiny by
                                PRELIMINARY                                                    the Returning Officer and who has not withdrawn his
                                                                                               candidature in accordance with the provisions of these Statutes;
       St. 1. (Const.) (1) These Statutes may be called the Statutes relating
                                                                                       (iii)   “Election” means an election held under the Act, the Statutes,
  Short title      to the election procedure to the Court, the Executive
                                                                                               the Ordinances, the Regulations or the Rules;
     and           Council, the Faculty Councils for Post-Graduate Studies,
commencement       the Councils for Under-Graduate Studies and other                   (iv)    “Elector” of a constituency means a person whose name has
Authorities of the University.                                                                 been included in the electoral roll of the constituency;
                                     [3]                                                                                 [4]
       (v)    “Electoral College” means the body of the electors constituted                (b)    the Faculty Council for Post-Graduate Studies in Science; and
              in the prescribed manner with the representatives of students of              (c)     such other Faculty Councils for Post-Graduate Studies as may
              the Under-Graduate and the Post-Graduate degree classes of                            be constituted by the University;
              affiliated Colleges and Institutions for the purpose of electing
                                                                                  (iii)     Register of Teachers including Professors imparting instruction in the
              two members on the Court in terms of sub-clause (xxi) of
                                                                                            Post-Graduate Courses of studies in Engineering and Technology,
              clause (b) of sub-section (1) of section 17 of the Act;
                                                                                            indicating therein the names of those who are Professors and/or the
       (vi) “Electoral roll” of a constituency means the Register of                        Heads of Departments;
              electors of the Constituency, prepared and authenticated in
                                                                                  (iv)      Register of Teachers of the Constituent Colleges indicating therein
              accordance with the provisions of the Statutes, the Ordinances,
                                                                                            the names of those who are participating in the teaching of Post-
              the Regulations or the Rules;
                                                                                            Graduate Courses of Studies;
       (vii) “Polling day” in relation to a polling station means the date
                                                                                  (v)       Register of Teachers of Affiliated Colleges (not being Teachers'
              fixed under these Statutes for taking the poll at that polling
                                                                                            Training, Engineering and Medical Colleges) other than the Principals
              station; and
                                                                                            of Such Colleges, indicating separately the names of women teachers
       (viii) “Polling hours” in relation to a polling station means the period             of these affiliated Colleges;
              of time intervening between the hours fixed by the Returning
                                                                                  (vi)      Register of Teachers of the Teachers' Training Colleges;
              Officer for the commencement and the closing of the poll on
              the polling day at that polling station under these Statutes or     (vii)     Register of Teachers of Professional Colleges (Other than Teachers'
              otherwise.                                                                    Training, Engineering and Medical Colleges);
                                                                                  (viii)    Register of Teachers of Engineering Colleges imparting instruction in
                                                                                            Under-Graduate Courses of Studies indicating therein the names of
                               CHAPTER III                                                  those who are the Heads of Departments;
                                                                                  (ix)      Register of Teachers of Medical Colleges indicating therein the names
                                                                                            of those who are Professors;
                            STATUTORY REGISTERS
                                                                                  (x)       Register of Principals of Affiliated Colleges (other than those of
                                                                                            Engineering and Medical Colleges), indicating therein the names of
         St. 4. (Const.) (1) The University shall, subject to the provisions of
                                                                                            those who are Principals of Teachers' Training Colleges;
  Statutory Registers
                       these Statutes, maintain or cause to be maintained the
                       following Registers separately :                           (xi)      Register of Registered Graduates of the University;
(i)      Register of Professors of the University Departments of Studies          (xii)     Register of Regular Post-Graduate Students of the University
         belonging to—                                                                      indicating therein the names of those who are lady students;
         (a)     the Faculty Council for Post-Graduate Studies in Arts,           (xiii)    Register of Regular Under-Graduate and Post-Graduate Students of
                 Commerce, Law, Fine Arts and Music;                                        Affiliated Colleges;
         (b)     the Faculty Council for Post-Graduate Studies in Science; and    (xiv)     Register of Research Scholars and Research Fellows of the University;
         (c)     such other Faculty Councils for Post-Graduate Studies as may     (xv)      Register of Librarians of the University and the Affiliated Colleges;
                 be constituted by the University;                                (xvi)     Register of Non-Teaching Staff of the University;
(ii)     Register of Teachers other than Professors of the University             (xvii)    Register of Non-Teaching Staff of the Affiliated Colleges;
         Departments of Studies belonging to—                                     (xviii)   Register of the Officers of the University; and
         (a)     the Faculty Council for Post-Graduate Studies in Arts,           (xix)     Such other Registers as may be required to be maintained for the
                 Commerce, Law, Fine Arts and Music;                                        purpose of carrying out the provisions of the Act.
                                     [5]                                                                                [6]
        (2) For the purpose of maintaining the Registers referred to in            casual vacancy, a fresh Register of Registered Graduates shall be prepared
  Preparation of
                    paragraph (1) the Registering Authority shall, in the first    by the Registering Authority in the prescribed manner;
 a draft Register   instance, prepare or cause to be prepared a draft Register              Provided further that in the case of a casual vacancy, the Register
                    relating to every constituency in such manner as he may        existing at the material time shall prevail.
deem necessary;
                                                                                            Explanation II : Till such time the Executive Council declares the
        Provided that in the case of the Register of Regular Under-Graduate        University Departments of Studies in Law, Library Science or the Institute
and Post-Graduate Students of Affiliated Colleges, the Principal of the            of Science Education or the Section of the Commerce Department imparting
College or the Head of the Institution concerned shall prepare and                 instruction in Management Studies as Professional Colleges, these
authenticate that portion of the Register which relates to the students of his     Departments, Institute or Section shall be deemed to be the University
College or Institution and forward an authenticated copy thereof to the            Departments under the concerned Faculty Council for Post-Graduate Studies
Registering Authority.                                                             for the purpose of election to the Authorities of the University.
        Explanation I : A graduate holding a Bachelor's Degree or any other                 * (3) ‘Officers of the University’ for the purpose of election to the
higher Degree of this University at least three years prior to the date declared                          Authorities of the University, shall include the following
                                                                                     Officers to include
for election to the Court from the constituency concerned, may, on                       in addition      in addition to the Officers mentioned as such under
application made in this behalf to the Registering Authority in such form as                              Section 7 of the Act :
may be prescribed and on payment of a fee of Re. 1/-, have his name                         1.       The Inspector of Colleges
registered as a Registered Graduate;
                                                                                            2.       The Controller of Examinations
        Provided that for the purpose of these Statutes a person shall be
deemed to hold a Degree with effect from the date of publication of the                     3.       The Administrative Officer
results of the relevant examination of this University except that, in the case             4.       The Audit & Accounts Officer
of a graduate in Medicine, the said date shall be the date on which he                      5.       The University Engineer
qualifies for the MBBS Degree after passing the Professional Examination                    6.       The Medical Officer
M.B.B.S. and undergoing the prescribed compulsory rotating Internship
                                                                                            7.       The Placement & Student's Welfare Officer
training;
                                                                                            8.       The Secretary, College Councils
        Provided that the period of registration of a graduate registered under
these Statutes shall commence on the date on which the application for such                 9.       The Deputy Controller of Examinations
registration in the prescribed form with necessary fees has been submitted to               10.      The Deputy Registrar
the University which shall be at least three months prior to the date of                    11.      The Deputy Inspector of Colleges
election declared for the purpose of holding election to the Court from the
                                                                                            12.      The Deputy Librarian
constituency concerned;
                                                                                            13.      The Assistant Registrars
        Provided that a graduate so registered shall remain a registered
graduate of the University till such time as the Registering Authority by a                 14.      The Assistant Controllers of Examinations
notification calls upon the graduates of the University to register themselves              15.      The Accounts Officers
anew, in the manner laid down in St. 4 (Const.) and St. 5 (Const.) of these                 16.      The Publications Officer
Statutes for the purpose of holding fresh election of the representatives of                17.      The Estate Officer
Registered Graduates to the Court, Excepting in the case of filling up of a
casual vacancy;
        Provided that every time the constituency of the Registered Graduates             * indicates the provisions of St. 4 (Const) (3) amended. [Amendment
                                                                                   assented by the Chancellor on 08.11.2003]
is called upon to elect three members to the Court, except in the case of a
                                      [7]                                                                                 [8]
       18.   The Trust Officer                                                              (4) Every such objection, which shall be in duplicate, shall set forth
       19.   The Assistant Librarians                                                Objection to be        the grounds upon which the objector relies and shall
                                                                                    in duplicate and        reach the Registering Authority within 15(fifteen) days
       20.   The Sports Officer                                                     contain grounds
                                                                                      for objection
                                                                                                            from the date on which the draft Register was notified by
       21.   The Curator                                                                                    the Registering Authority under paragraph (1).
       22.   The Assistant Engineers                                                        (5) An objection which fails to comply with any of the requirements
       23.   The Junior Medical Officer                                                 Dismissal of        prescribed under paragraphs (3) and (4) shall be
       24.   The Superintendent, University Press                                         Objection         dismissed by the Vice-Chancellor.
       25.   The Programmer, Research Service Centre                                        (6) Whenever an objection has not been dismissed under paragraph
                                                                                      How to deal with       (5), a copy thereof shall forthwith be forwarded by the
             and
                                                                                       an objection not      Registering Authority to the person to whom the
      26.    Part-time Medical Officers holding such                   part-time          dismissed          objection relates, unless he himself is the objector.
appointments for at least one year.                                                 While doing so, the Registering Authority shall specify the last date by
         St. 5 (Const.) (1) As soon as any of the draft Registers other than that   which such person may send his reply to the objection if he wishes to do so.
 Notifying the       relating to Regular Under Graduate and Post-Graduate           Any reply that such person may send shall be addressed to the Registering
preparation of a     Students of the affiliated Colleges has been prepared          Authority in duplicate and shall reach him within 10 (ten) days from the date
 draft Register.     under paragraph (2) of St. 4 (Const.), the Registering         on which the copy of the objection was forwarded to him by the Registering
Authority shall notify the matter in the University Notice Board and in such        Authority. A copy of such reply shall be sent by the Registering Authority
manner as he may deem necessary and send a copy of the relevant draft               to the objector.
Register along with the notice to the Principals of the Colleges or the Heads               (7) The Registering Authority shall make such enquiry as he considers
of the Institutions or of the Departments concerned indicating the                                         necessary in respect of any objection which has not been
                                                                                        Registering
constituency to which it relates, excepting that in the case of ‘Registered           Authority shall      dismissed under paragraph (5) and shall place before the
                                                                                    make inquiry and       Vice-Chancellor, for his decision, the objection, the reply
Graduates’ constituency the draft Register so prepared shall be made                  forward to the       thereto, if any, and the report on the enquiry made by him.
available for inspection in the office of the Registering Authority as may be        Vice-Chancellor
                                                                                                           Before giving his decision, the Vice-Chancellor may call
notified by him.                                                                    for any additional information if he so requires.
       (2) While doing so, the Registering Authority shall specify the last                 The Vice-Chancellor shall then give his decision on each such
   Last date of   date by which every objection which may be preferred              objection after taking into consideration—
    objection     under paragraph (3) shall reach him within the specified                  (a)       the grounds on which the objector relies;
                  period.
                                                                                            (b)       the reply, if any, submitted by the person objected against; and
       (3) Any person belonging to the category to which the relevant draft                 (c)       the report on the enquiry made by the Registering Authority.
                   Register relates, may prefer an objection addressed to
Preferring objection
                                                                                            The decision given by the Vice-Chancellor shall be final.
                   the Registering Authority challenging.
                                                                                                                     (8) Every such decision or orders shall forthwith
       (i)      The correctness of any particular entry in the draft Register, or        Decision to be      be communicated to the objector and the person
       (ii)     the non-inclusion of his name in the draft Register,                     communicated        objected against, if any.
                or                                                                          (9) The Registering Authority shall finally prepare the Registers
       (iii) the inclusion of the name of any other person not entitled to be
                                                                                      Final preparation     after incorporating in the draft Registers the decision of
                                                                                        of Registers.       the Vice-Chancellor as may have been given under
included in the draft Register.
                                                                                    paragraph (7).
                                     [9]                                                                                [ 10 ]
        (10) Such Registers as prepared under paragraph (9) shall be                        (15) For the purpose of filling up a casual vacancy, the Register as
                     authenticated by the Vice-Chancellor. The Registers              Electoral Roll in  existing on the date of the notification calling upon the
  Vice-Chancellor to
     authenticate    shall be kept up-to-date by endorsing thereon, from time         case of a Casual   relevant Authority to fill up the casual vacancy, shall be
                     to time, all amendments or corrections thereto made in               vacancy
                                                                                                         the Electoral Roll.
accordance with any of the relevant provisions of these Statutes. Every such
amendment or correction shall be duly authenticated by the Vice-Chancellor.                 St. 6 (Const.) (1) For the purpose of election to the Court of two
                                                                                                         regular students of affiliated colleges in terms of sub-
        (11) The Registers as authenticated under paragraph (10) shall be the        Registrar to issue
                                                                                      directions to the  clause (xxi) of clause (b) of sub-section (1) of Section
   Authenticated     Electoral Roll in respect of those elections to the
                                                                                      Principals or the  17 of the Act, the Registrar shall issue necessary
 Registers shall be  Authorities of the University for which notifications for          Heads of the
 the Electoral Roll  holding elections had already been issued.                         departments
                                                                                                         directions to the Principal of the College or to the Head
                                                                                                         of the Institution concerned for preparing separately a
 Vice-Chancellor            (12) The Vice-Chancellor may at any time direct
                                                                                    Draft Register in respect of all such students of his college or Institution.
  may direct the    the Registering Authority to amend or correct an entry in
   Registering
                    any Register authenticated under paragraph (10) in order                 (2) Notwithstanding anything contained elsewhere in these Statutes
   Authority to
 amend any entry    to rectify any clerical or formal error or defect therein.       Principal or Head of relating to the preparation and maintenance of Registers
                                                                                       the Institution to of the various categories of electors other than the
         (13) The Heads of Departments or Institutions managed by or                  exercise the powers regular Under-Graduate and Post-Graduate students of
      Heads of
                      affiliated to the University shall report from time to time       and perform the
   Departments to     the fact of any fresh appointment, death, resignation,         duties and functions affiliated colleges, the respective Principal of the
  report from time    transfer, retirement or termination of service and such          of the Registering College or the Head of the Institution shall exercise the
       to time                                                                             Authority.     powers and perform the duties and functions of the
                      other facts as may require an amendment or correction
in respect of entries to be made in the Registers. The Registering Authority        Registering Authority in respect of such students of the College or Institution
shall, on receipt of any such information, make necessary amendment or              concerned.
correction in the entries in the Registers to ensure a constant process of                 (3) Notwithstanding anything contained eleswhere in these Statutes,
keeping the Registers up-to-date;
                                                                                         Registers of   the Register of regular students of every affiliated
         Provided that in the event of any fresh appointment, for the purpose        regular students toCollege or Institution shall be the Electoral Roll for the
of inclusion in the relevant Register of the name of the elector concerned, the        be the Electoral
                                                                                                        purpose of election of representatives of regular students
                                                                                         Roll for the
procedure laid down in paragraphs (1) to (10) shall be observed mutatis                                 of the College or Institution concerned for constituting
                                                                                     purpose of election
mutandis; whereas in other events the Registering Authority shall make                                  an Electoral College in order to elect two regular
necessary amendment or correction moto perpetuo.                                    students to the Court.
         (14) The Vice-Chancellor may at any time direct the revision of any                (4) While preparing and maintaining the Registers of regular students
 Vice-Chancellor     Register referred to in these Statutes if he considers such
                                                                                      Procedure to be    of every affiliated College or Institution, the Principal of
  may direct the     revision necessary. For the purpose of such revision, the        followed by the
 revision of any     Registering Authority shall notify to the members of the                            the College or the Head of the Institution concerned shall
                                                                                      Principals/Head
     Register        relevant category that the existing Register would be           of the Institutions mutatis mutandis follow the procedure prescribed in St.
revised and that the same would be treated as the Draft Register for the                                 5 (Const.)
purpose of such revision; and the provisions under paragraphs (1) to (10)                   (5) An election held in pursuance of the provisions of these Statutes
shall mutatis mutandis apply. As soon as the Vice-Chancellor authenticates                               shall not be challenged on the ground that any
the Register as revised, the former Register which was in force prior to such         Election not to be
                                                                                          challenged
                                                                                                         amendment, revision, objection or appeal in respect of
revision shall be deemed to have been superseded and such modified
                                                                                                         the Register or of any entry therein, was pending at the
Register shall constitute the Electoral Roll of the relevant constituency for
                                                                                    time such election was held.
subsequent elections to the Authorities of the University.
                                    [ 11 ]                                                                             [ 12 ]
                               CHAPTER IV                                                 Provided that in the case of the constituency comprising the Under-
                                                                                          Graduate and Post-Graduate students of affiliated Colleges and
                                                                                          Institutions, the respective portion of the Electoral Roll concerning a
                          ELECTIONS   TO THE   COURT
                                                                                          particular College or Institution shall be available for inspection by
                                                                                          such students of that College or Institution in the office of the
       St. 7. (Const.) (1) Whenever an election is required to be held for the            Principal of the College or of the Head of the Institution concerned
Returning Officer to purpose of constituting the Court, the Returning Officer             for such period as may be notified by him and no such Electoral Rolls
     call upon                                                                            shall be made available to any individual elector or to anybody else
                     shall call upon the appropriate constituencies to elect a
 constituencies to                                                                        either as a priced copy or otherwise.
       elect.        member or members as the case may be.
                                                                                          (6) For the purpose of an election, the Registering Authority or such
        (2) When calling upon a constituency to elect a member or members,
                                                                                                         other person as the Vice-Chancellor may appoint in this
                      the Returning Officer shall give notice, in such manner       Returning Officer
                                                                                                         behalf, shall be the Returning Officer. He shall be
   Notice calling for
     nominations      as he deems fit, of the intended election, inviting         responsible for the proper conduct of the election and shall perform the
                      nominations of candidates for election and specifying       duties assigned to him under these Statutes.
the last date(s) fixed for filing nominations, the date, time and place for               (7) Any person may be nominated as a condidate at an election if his
scrutiny of nomination papers, the last date for withdrawal of candidature,         Qualifications of    name is included in the electoral roll of the constituency
the date of poll and the time and place at which, and the person to whom,              a candidate       concerned;
the nomination papers are to be delivered and also the date(s) on which the               Provided that he is not subject to any of the disqualifications
votes shall be counted, if necessary.                                                     enumerated in sub-section(1) of Section 35 of the Act.
       (3) Unless the Vice-Chancellor or the Executive Council directs                    (8) On or before the date fixed for filing nominations, every candidate
     Registering     otherwise, the Registrar shall be the Registering                                   for election shall deliver or cause to be delivered to the
      Authority                                                                      Nominations of
                     Authority in respect of the electoral roll of every               candidates        Returning Officer in his office a nomination paper in the
constituency other than the constituency comprising the Under Graduate and                               prescribed form between such hours as may be specified
Post-Graduate students of affiliated Colleges and Institutions.                   by the Returning Officer. The Returning Officer shall give a serial number
                                                                                  to every nomination paper delivered to him and hand over to the person
        (4) For the purpose of election to a particular Authority of the          delivering the nomination paper a certificate of such delivery;
                     University, no person shall be entitled to have his name             Provided that no nomination paper sent by post shall be accepted.
 Name of an elector
  to be included in  included in the electoral rolls of more constituencies
                                                                                          (9) Every nomination paper shall be duly filled in and proposed by a
  one Electoral roll than one in respect of that Authority. If a person is
         only                                                                     person qualified to vote in the constituency concerned.
                     qualified to have his name included in the electoral rolls
                                                                                          (10) A nomination paper shall not be valid unless it is signed by the
of more than one constituency, he shall have the option to have his name
                                                                                  candidate signifying his assent to the nomination.
enrolled in one only of such constituencies, at his choice;
                                                                                          (11) (a) On the day fixed and duly notified for the scrutiny of
       Provided that every elector who is eligible for having his name                                   nomination papers, the Returning Officer shall, in the
                                                                                      Secrutiny of
       included in the electoral rolls of more constituencies than one, shall      Nomination papers     presence of such candidates or their authorised agents as
       give a declaration indicating such choice during the preparation of the                           may be present, scrutinies all nomination papers which
       draft electoral rolls.                                                     have been delivered to him under paragraph(8).
       (5) An elector may obtain a copy of the electoral roll on payment of               A candidate who is absent at the scrutiny may authorise only one agent
                                                                                          to represent him at the scrutiny. After such scrutiny, the Returning
  Copies of Electoral such price as may be fixed by the Registering Authority
                                                                                          Officer shall display in his Notice Board a list of all the candidates
         rolls.       in this behalf;
                                                                                          whose nomination papers have been accepted by him as valid,
                                                                                          specifying therein the last date for withdrawal as may have been fixed.
                                     [ 13 ]                                                                            [ 14 ]
       (b) At the scrutiny, the Returning Officer shall declare a nomination              (14) At an election, the poll shall be taken (by Secret personal ballot)
paper to be invalid and reject it if—                                                 Procedure of      at such polling station or stations as may be specified by
       (i)     it has been delivered in a manner which contravenes any of the             poll          the Returning Officer;
               provisions of paragraphs (8) to (10) or;                                   Provided that in the cases of the following constituencies, the poll
       (ii)    it has not been duly filled in and signed; or                       shall be taken by secret Postal ballot—
       (iii)   the candidate's and the proposer's names are not included in               (i)     ‘Principals of Colleges’ Constituency,
               the relevant electoral roll; or                                            (ii)    ‘Registered Graduates’ Constituency,
       (iv)    the candidate is subject to any of the disqualifications referred          (iii)   ‘Librarians’ Constituency, and
               to in paragraph (7).                                                       (iv)    such other Constituencies as may be determined from time to
       (c) The Returning Officer shall declare every nomination paper to be                       time by the Vice-Chancellor.
valid and shall accept it if it has not been rejected under clause (b).                   (15) Ballot papers to be used at every election shall be serially
        (12) Any candidate whose name appears in the list of candidates                              numbered and the names of the contesting candidates
                                                                                      Ballot Papers
                      referred to in clause (a) of paragraph (11) may withdraw                       shall be printed on each ballot paper in English and/or in
    Withdrawal of
      candidature     his candidature by a notice in writing in the prescribed     Bengali as the Returning Officer may decide;
                      form. Every such notice shall be signed by the candidate
                                                                                          Provided that while determining the serial order of the names to be
and delivered personally by him to the Returning Officer in his office
between such hours as may be specified by the latter for the purpose, on or               printed on the ballot paper, the alphabetical order of the first names
before the date fixed. The Returning Officer shall hand over to the person                of the contesting candidates in English spelling shall be maintained.
delivering a notice of withdrawal a certificate of such delivery.                          (16) A person whose name is not included in the electoral roll of a
        (13) In an election—                                                         Entitlement to    constituency shall not be entitled to vote in that
                                                                                          Vote         constituency.
        (a) if the number of contesting candidates is equal to the number of
    Procedure in      seats to be filled at the election, the Returning Officer           (17) Every person whose name is included in the electoral roll of a
    contested and     shall, on expiry of the time limit fixed for withdrawal of   constituency shall be entitled to vote in that constituency only.
     uncontested      candidature, declare all such candidates to have been
      elections.                                                                           (18) At an election, an elector shall have as many votes as there are
                      duly elected; or
                                                                                       Votes to be       persons to be elected but shall not have the right to
       (b) (i) if the number of contesting candidates is less than the number          distributive      record more than one vote in favour of any one
of seats to be filled at the election, the Returning Officer shall, on expiry of                         candidate.
the time limit fixed for withdrawal of candidature, declare all such candidates
                                                                                           (19) At every election excepting in the case of an election by postal
to have been duly elected;
                                                                                       Setting up of     ballot, the Returning Officer shall, by an order in
      (ii) the Returning Officer shall, as soon as possible thereafter, call          Polling Stations   writing, allot one or more polling stations as he may
upon the constituency concerned to elect a person or persons to fill the              and allotment of   consider necessary. Where more polling stations than
remaining seat or seats in the manner prescribed; or                                   Voters thereto
                                                                                                         one have been allotted by the Returning Officer, he
       (c) if the number of contesting candidates exceeds the number of seats      shall, by an order, specify which of the electors are assigned by him to each
to be filled at the election, the Returning Officer shall display in his Notice    such polling station. Every elector shall be given notice of the date and hours
Board a list of the contesting candidates in alphabetical order of their first     fixed for taking the poll and the polling station to which the elector has been
names in English spelling and a poll shall be taken on the date or dates fixed.    assigned, in such manner as may be decided by the Returning Officer. An
                                      [ 15 ]                                                                                [ 16 ]
elector whose name appears in the list of voters assigned to a particular                       (24) When the Presiding Officer is so satisfied, he shall issue a ballot
polling station shall be entitled to vote at that polling station only.                    Issue of ballot
                                                                                                             paper and an envelope to the elector. While doing so, he
         (20) For every polling station the Returning Officer shall appoint a            paper to an elector shall place a mark on his copy of the electoral roll
                        Presiding Officer who shall make all necessary                                       against the name of the elector to indicate that a ballot
  Appointment of                                                                       paper has been issued to the latter. The serial number of the ballot paper
 Presiding Officer.     arrangements for taking the poll at that polling station
                        and shall conduct the poll there on the polling day. The       issued to an elector shall not be recorded on the electoral roll or anywhere
Returning Officer shall provide the Presiding Officer of every polling station         else by any person;
with—                                                                                         Provided that in the cases of elections from constituencies in which
         (a)     a copy of that part of the electoral roll which includes the                 Ballot Boxes are provided, no envelope shall be issued to an elector
                 names of the electors who have been assigned to that polling                 along with the ballot paper;
                 station,
                                                                                                Provided further that in case an elector is physically handicapped or
         (b)     all necessary forms,
                                                                                                incapacitated to the extent that he cannot record his vote or votes on
         (c)     ballot papers,                                                                 the ballot paper himself, he may request the Presiding Officer to
         (d)     envelopes,                                                                     record his vote or votes in his presence and on his behalf.
         (e)     a brass seal, and                                                              (25) On receiving the ballot paper, the elector shall proceed to one of
                                                                                          Delivery of ballot  the places set apart for voting and shall secretly record
         (f)     an amount as may be determined by the Returning Officer to
                                                                                              paper after     his vote or votes on the ballot paper by placing a cross
                 enable the Presiding Officer to meet contingent expenses as              recording of votes  (X) mark against the name or names of contesting
                 may be necessary for conducting the poll.                                     thereon
                                                                                                              candidates, as the case may be, in whose favour he
         (21) The Returning Officer may appoint such persons as he may                 desires to vote. The Presiding Officer shall make such arrangements as may
     Assistants to
                         decide to assist the Presiding Officer in taking the poll     be necessary to ensure that the elector is enabled to record his vote or votes
  Presiding Officer      at the polling station, from among the employees of the       secretly. An elector shall not sign or initial his ballot paper or make any
                         University or of the affiliated Colleges or Institutions or   other mark thereon which may disclose his identity. After he has recorded his
of the establishment to which the Presiding Officer belongs.                           vote or votes, the elector shall fold the ballot paper so as to conceal his vote
         (22) The poll shall be taken at each polling station on the polling day       or votes and shall place it inside the envelope supplied to him. He shall then
   Polling day and      between such hours as the Returning Officer may have           deliver the envelope to the Presiding Officer. The envelope shall forthwith
        hours.          fixed in this behalf for that polling station.                 be closed and sealed by the Presiding Officer;
         (23) Excepting in the case of an election by postal ballot, every elector
                                                                                              Provided that at elections from such other constituencies as the
who desires to exercise his vote at the election shall personally appear on the
                                                                                              Returning Officer may determine, an elector shall, after recording his
polling day within the polling hours at the polling station to which he has
                                                                                              vote or votes on the ballot paper, drop the same into a Ballot Box
been assigned and shall request the Presiding Officer to issue to him a ballot
                                                                                              kept for the purpose.
paper after giving his name and other particulars to the Presiding Officer.
The Presiding Officer shall then satisfy himself—                                            Electors               (26) An elector shall have no right to vote after
                                                                                         appearing at the
         (a)     that the name of the person who makes the request for the issue                             the hour fixed for the close of the poll;
                                                                                         close of the poll
                 of a ballot paper is included in the copy of that part of the
                 electoral roll which relates to the polling station;
                                                                                              Provided that all electors who are present at the polling station at that
         (b)     about the identity of the person who claims to be the elector                hour shall be allowed to vote subject to the provisions of paragraphs
                 concerned.                                                                   (23) and (24).
                                     [ 17 ]                                                                                  [ 18 ]
       (27) All the envelopes received from the electors and sealed in                      (iii)   the packet of spoilt ballot papers;
 Packet of envelopesaccordance with the provisions of paragraph(25) shall                   (iv)    the Ballot Paper Account;
   containing used  be kept in a packet by the Presiding Officer, excepting
    ballot papers                                                                           (v)     the copy of the electoral roll marked in accordance with the
                    in the cases where Ballot Boxes are provided.
                                                                                                    provisions of these Statutes;
       (28) The Presiding Officer shall keep an account in the prescribed
                                                                                             (vi) the Brass Seal; and
   Ballot paper      form of all ballot papers supplied to him by the
     account         Returning Officer. He shall complete and sign the                       (vii) any other papers, or statements relating to the election as the
                     account after the close of the poll.                                           Returning Officer may direct.
       (29) (a) If an elector has inadvertently torn, defaced or otherwise             Sealing of packets         (31) At an election when the Returning Officer
                   spoilt his ballot paper in such a way that it cannot be               and covers not    counts the votes immediately after the close of the poll,
  Spoilt ballot                                                                       necessary where the it may not be necessary to seal any of the covers or
     paper         used as a ballot paper, he shall instantly report the fact          Returning Officer
                   and return the spoilt ballot paper to the Presiding Officer                             packets referred to in paragraph (30) except after the
                                                                                        counts the votes
who shall thereupon issue another ballot paper to the elector;                         immediately after   counting of votes has been completed.
                                                                                            the poll
         Provided that no other ballot paper shall be issued to an elector who
                                                                                            (32) During the poll at any polling station, if it becomes impossible
         has also spoilt the second ballot paper so issued to him.
                                                                                        Adjourment of
                                                                                                          to complete such poll by reason of any disturbance or
         (b) All spoilt ballot papers returned to the Presiding Officer under
                                                                                             poll         natural calamity or for any other reason, the Presiding
clause(a) shall be endorsed by him as ‘Cancelled’ and kept in a separate
                                                                                                          Officer shall adjourn the poll and shall immediately
packet.
                                                                                     report to the Returning Officer the full facts of the case and the reasons for
         (30) (a) Immediately after the close of the poll, the packets or the        such adjournment. As soon as he adjourns the poll, he shall close and seal
                        ballot boxes, as the case may be, referred to in items (i)
   Procedure at the                                                                  the covers and packets referred to in items (i) to (v) & (vii) of paragraph (30)
     close of poll      and (iii) of sub-paragraph (c) of this paragraph shall be
                                                                                     as if the poll had been completed and shall retain them for disposal in
                        sealed and the papers and other materials referred to in
                                                                                     accordance with the provisions of clause(b) or clause (c) of paragraph (33)
items (ii), (iv), (v) and (vii) of the said sub-paragraph (c) shall be placed in
                                                                                     hereafter.
separate covers or packets which shall also be sealed.
                                                                                         Resumption of               (33) (a) On receipt of such report, the Returning
         (b) On each cover or packet containing the papers and other materials
referred to in items (i) to (vii) of sub-paragraph (c), the Presiding Officer          adjourned poll or      Officer shall forthwith place the matter before the Vice-
                                                                                        holding of fresh      Chancellor who may give such directions, as he
shall clearly indicate—                                                                       poll
                                                                                                              considers fit, to the effect that—
         (i)     the particulars of the election,
                                                                                            (i)        the poll which was adjourned under the provisions of
         (ii)    the name of the polling station,
                                                                                                       paragraph (32) be cancelled in respect of the polling station
         (iii) the date of the poll, and                                                               and a fresh poll be taken at the polling station on another date;
         (iv) the nature of the contents of the cover or packet.                                       or
         (c) The Presiding Officer shall then forward to the Returning Officer              (ii)       the adjourned poll be resumed and completed at the polling
the following by special messenger, so as to reach him before the date fixed                           station on another date.
for counting of votes—
                                                                                            In either case, the Returning Officer shall fix a date and the polling
         (i)     the packet of used ballot papers or the ballot box used, as the     hours for taking such fresh poll or for resuming such adjourned poll at the
                 case may be;                                                        polling station, as the case may be, and shall give notice to the electors in
         (ii)    the unused ballot papers and the unused ballot box, if any;         such manner as he may deem fit of such date and the polling hours.
                                    [ 19 ]                                                                             [ 20 ]
         (b) When the Vice-Chancellor has directed a fresh poll at a polling               Every voter on receipt of the ballot paper shall record his vote or
station under item (i) of sub-paragraph (a) of this paragraph, the procedure      votes thereon in the manner indicated on the ballot paper. The voter shall
prescribed in paragraphs (20) to (32) shall be followed for such poll.            then place the ballot paper inside the envelope, close it and the closed cover
         All sealed covers and packets relating to the adjourned poll in terms    containing the ballot paper shall be placed inside the outer cover addressed
of paragraph (32) shall, be forwarded by the Presiding Officer to the             to the Returning Officer. The voter shall thereafter send the cover to the
Returning Officer for safe custody and shall not be opened.                       Returning Officer by Registered Post or deliver the same to him in person
                                                                                  or through messenger, at his own cost, but in either event the cover
         (c) When the Vice-Chancellor has directed the resumption and
                                                                                  containing the ballot paper shall reach the Returning Officer within 5 p.m.
completion of a poll which was adjourned, such adjourned poll shall be
                                                                                  of the last date as may be fixed by the Returning Officer in this behalf.
resumed and completed on the date fixed for the purpose by the Returning
Officer. The Presiding Officer shall, at the commencement of such resumed                  (36) In every case of election by postal ballot, the last date fixed
poll, open the covers or packets which relate to the poll that had been                 Last date of    under paragraph (35) shall be treated as the date of poll
adjourned and which contain the papers mentioned in items (ii), (v), (vi) and         receiving postal  in respect of the constituency concerned and no cover
                                                                                        ballot paper    containing the ballot paper received thereafter shall be
(vii) of sub-paragraph (c) of paragraph (30) and shall use the contents of
such covers or packets for the purpose of completing the poll. He shall not       taken into account for the purpose of the election.
open any of the other covers or packets which relate to the poll that was                                       (37) The Returning Officer shall be responsible
adjourned and which contain the papers mentioned in items (i), (iii) and             Responsibility of   for the safe custody of the covers containing ballot
                                                                                       the Returning
(iv) of sub-paragraph (c) of paragraph (30). Except as otherwise provided in         Officer for safe    papers delivered to him daily either by post or in person
this paragraph, the procedure prescribed in paragraphs (20) to (32) shall be        costody of covers    in pursuance of paragraph (35).
followed in such resumed poll. A fresh form of ballot paper account shall be
                                                                                          (38) (a) On the date and at the time and place fixed for the counting
used by the Presiding Officer at such resumed poll. Only such electors who
                                                                                                       of votes, the Returning Officer shall open the sealed
did not vote on the day the poll was adjourned shall be entitled to vote             Procedure for
                                                                                   counting of votes   packets referred to in items (i) and (iv) of sub-paragraph
during such resumed poll. At the close of the resumed poll, the Presiding
                                                                                                       (c) of paragraph (30) and the envelopes contained therein
Officer shall forward to the Returning Officer, along with the covers
                                                                                  or the sealed ballot boxes, as the case may be, and then proceed to count the
and packets relating to the resumed poll, the unopened sealed covers and
                                                                                  votes in the manner prescribed in this paragraph. He may also open the
packets which related to the poll that had been adjourned and which
                                                                                  covers or packets referred to in any of the items (ii), (iii), (v), (vi) and (vii)
contained the papers mentioned in items (i), (iii) and (iv) of sub-paragraph
                                                                                  of paragraph (30), but shall do so only if he considers it to be necessary for
(c) of paragraph (30).
                                                                                  enabling him to count the votes or to dispose of any objections relating to
         (34) For the purposes of elections from the ‘Principals of Colleges’     the election satisfactorily.
                       constituency, the ‘Registered Graduates’ constituency,
    Poll by postal                                                                        (b) As the envelopes or the sealed ballot boxes are opened under sub-
         ballot        the ‘Librarians’ constituency, and such other
                                                                                  paragraph (a) of this paragraph the ballot papers contained therein shall be
                       constituencies as may be deteremined from time to time
                                                                                  arranged in a bundle or bundles. The Returning Officer shall thereafter
by the Vice-Chancellor, the poll shall be taken by secret postal ballot.
                                                                                  proceed to scrutinise the ballot papers one by one and shall reject every
         (35) In every case of an election where the poll shall be taken by       ballot paper or vote which he finds to be invalid. He shall record in a
  Sending of postal   secret postal ballot, the Returning Officer shall, within   statement the total number of valid votes given to each contesting candidate.
   ballot paper and   twenty days from the date of publication of the list of
                                                                                    Validity of ballot
                                                                                                                (c) A ballot paper or a particular vote, as the case
   envelope before    contesting candidates, send by Registered Post, to each
  and after election                                                                  paper or vote     may   be, shall be invalid if—
                      elector of the constituency concerned, a ballot paper
along with an envelope and an outer cover addressed to the Returning Officer             (i)    the ballot paper is spurious; or
for the return of the ballot paper.                                                      (ii)   the ballot paper contains no record of voting; or
                                     [ 21 ]                                                                                [ 22 ]
       (iii)     the ballot paper has been marked in such a manner that it                  (b) In a case where the number of seats to be filled exceeds one, the
                 cannot be ascertained in favour of which candidate the vote         Returning Officer shall prepare a list of candidates arranged in the
                 has been recorded; or                                               descending order of the number of valid votes secured by each, mentioning
         (iv) any mark has been made upon the ballot paper which discloses           the number of votes against each. He shall declare such number of candidates
                 the identity of the elector; or                                     from the top of the said list as the number of seats are to be filled, to have
                                                                                     been duly elected;
         (v)     the number of votes recorded thereon exceeds the number of
                                                                                            Provided that when two or more candidates secure an equal number
                 seats to be filled at the relevant election; or
                                                                                     of votes and when both or all of them cannot be declared elected, the
         (vi) there is an erasing of voting mark on the ballot paper; or             question as to which of them shall be declared to have been elected shall be
         (vii) if a ballot paper contains any mark other than a cross (X), or        decided by the Returning Officer by the drawing of lots in such manner as
                 if the markings is made at a place other than the place indicated   he deems fit.
                 in the ballot paper.                                                       (c) After the result of the election is declared, the Returning Officer
         (d) If more cross (X) marks than one have been made on a ballot             shall seal up in separate packets the valid and the invalid ballot papers. He
paper against any candidate's name, they shall be counted as one vote only,          shall mark each such packet with a description of its contents, the particulars
provided the total number of markings thus made does not exceed the total            of the election, the name of the constituency and the date of the counting.
number of seats to be filled at the election.                                        He shall also replace in sealed covers or packets the contents of such
                                                                                     covers or packets, if any, referred to in items (ii), (iii), (iv), (v) and (vii) of
         (e) When a cross (X) mark has been so made on a ballot paper as to
                                                                                     sub-paragraph (c) of paragraph (30) as he may have opened under sub-
render it doubtful to which candidate the vote has been cast, the ballot paper
                                                                                     paragraph (a) of paragraph (38). He shall keep all such sealed covers and
shall be rejected as invalid if one member only is to be elected; and if more
                                                                                     packets in his safe custody for a period of three months after the date of the
members than one are to be elected, only the vote or votes recorded by such          counting, or if any dispute arises regarding the election, until such disputes
mark(s) shall be rejected as invalid while every other validity marked vote          are finally disposed of. All such covers and packets shall be destroyed after
on the ballot paper shall be counted.                                                the expiry of such period.
         (f) The decision of the Returning Officer as to the validity of a ballot
                                                                                             (41) The following persons, and no others, shall be allowed by the
paper or a vote shall be final.
                                                                                         Persons to be    Presiding Officer to stay inside polling station during
         (39) In case the poll could not be completed before the date fixed for         allowed in the
                        counting of votes, or in the event the papers referred to       polling station    the poll—
    Deferment of                                                                        during the poll
  counting of votes     in paragraph (30) or paragraph (33) were not received
                        by the Returning Officer from all the polling stations              (i)     the Vice-Chancellor;
before the commencement of counting of votes, the Returning Officer shall                   (ii)    any person authorised in writing in this behalf by the Vice-
forthwith defer the counting to another date and time. He shall give notice                         Chancellor;
to every contesting candidate of the date, time and place which have been
                                                                                            (iii)   any person or persons appointed by the Returning Officer to
appointed by him for the counting of votes.
                                                                                                    assist the Presiding Officer in taking the poll; and
         (40) When the counting of votes has been completed—
                                                                                            (iv)    every contesting candidate and/or an agent of such contesting
         (a) In a case where the number of seat to be filled is one, the                            candidate authorised by him in writing in this behalf.
   Declaration of       Returning Officer shall declare forthwith the candidate,
    results by the      in whose favour the highest number of valid votes have              (42) The following persons, and no others, shall be allowed by the
  Returning Officer                                                                     Persons to be
                        been cast, to be duly elected. When two or more                                    Returning Officer to be present at the counting of
                                                                                       allowed at the
candidates secure an equal number of votes, the question as to which of them          Counting of votes    votes—
shall be declared to have been elected shall be decided by the Returning
Officer by the drawing of lots in such manner as he deems fit;                              (i)     the Vice-Chancellor;
                                     [ 23 ]                                                                              [ 24 ]
        (ii)   any person authorised in writing in this behalf by the Vice-                           persons so proposed duly elected. If the number of
               Chancellor;                                                                            persons so proposed for election exceeds the number of
       (iii) any person or persons appointed by the Returning Officer to                              the members to be elected, a poll shall be taken in such
               assist him in counting the votes; and                                                  manner as the Chairman may decide. The Chairman shall
                                                                                                      then prepare a list of the candidates arranged in the
       (iv) every contesting candidate and/or an agent of such contesting                             descending order of the number of valid votes secured by
               candidate authorised by him in writing in this behalf.                                 each, mentioning the number of votes against each. He
       (43) Except as otherwise provided in these Statutes, the Vice-                                 shall declare forthwith such number of candidates from
     Power of
                      Chancellor shall have the power to prescribe and                                the top of the said list as the number of seats are to be
  Vice-Chancellor     determine the forms of notice, letters of intimation,                           filled, to have been duly elected;
                      ballot paper and all other forms and papers necessary                           Provided that when two or more candidates secure an
for holding an election.                                                                              equal number of votes and when both or all of them
                                                                                                      cannot be declared elected, the Chairman shall decide the
        (44) The Vice-Chancellor shall have the power to direct the holding
                                                                                                      issue by exercising his casting vote under Section 41 of
  Power of Vice-
 Chancellor to hold   of an election in anticipation of any vacancy that is due                       the Act.
    election in                                                                                  (iv) Any casual vacancy in the office of a nominated member
  anticipation of
                      to occur within three months.
                                                                                                      of any Authority of the University shall be filled within a
      vacancy
                                                                                                      period of not later than three months from the date of
       (45) (a) The membership of an elected person to fill a vacancy, shall                          occurrence of such vacancy.
  Date of effect of   take effect—
                                                                                         (46) An election shall not be invalidated by reason merely of any
    membership               In the case of an anticipatory election, from the
                                                                                   Election not to be
                      date of occurrence of the vacancy, and in every other        void on account of
                                                                                                        vacancy existing among the persons entitled to vote at
case, from the date of declaration of the result of the election.                   vacancy amongst     such election.
                                                                                       the voters
       (b)    (i) A casual vacancy in the office of an elected member of
                    any authority of the University shall be filled by that               (47) An election otherwise valid shall not be invalidated merely by
                    Authority by election at a meeting to be convened for the      Election not to be  reason of loss or delay during transmission or non-
                    purpose by the Registrar on such date (being not later          void for loss or   receipt of any notice or information meant for electors
                    than three months from the date of occurrence of the           delay in transit of
                    vacancy) and at such time and place as may be appointed        notice sent by the  or a candidate which was duly sent by the Returning
                                                                                   Returning Officer   Officer.
                    by the Vice-Chancellor in this behalf;
                    Provided that at least seven days' notice of such meeting              (48) Any notice, intimation or information which is required to be
                    shall be given to the members of the Authority concerned.      Manners of giving    given or sent or notified to any person under these
              (ii) At the meeting of the Authority so convened, the members
                                                                                    notice, intimation  Statutes shall be sent or notified in such manner as the
                                                                                     or information     Registering Authority or the Returning Officer, as the
                    thereof may propose names of persons representing the
                    interest which the member whose seat has become vacant        case may be, may consider expeditious or appropriate, unless otherwise
                    represented. Each such proposal must be seconded by           specified under these Statutes in any particular case.
                    another member of the Authority concerned.                             (49) In an election, in respect of matters not expressly provided for
              (iii) If the number of persons proposed for election to the            Power of Vice-     in these Statutes, the Vice-Chancellor may give such
                    Authority be less than or equal to the number of the
                                                                                   Chancellor to give   directions not inconsistent with the Act, these Statutes or
                                                                                        directions      any law for the time being in force as he may consider
                    members to be elected, the Chairman shall declare all
                                           [ 25 ]                                                                               [ 26 ]
necessary for the proper holding of the election and subject to the decision             two regular students of affiliated Colleges and Institutions on the Court by
given by the Election Tribunal on a reference made to it, if any, under                  the electors constituting the Electoral Colleges.
Section 40 of the Act, such directions shall be given effect to.                                 (vi) The Returning Officer shall thereupon prepare a consolidated list
                                                                                         of such electors with such particulars relating to them as he may consider
          (50) An election shall not be set aside for any defect or irregularity
    Election shall not be
                                                                                         necessary, which shall constitute the Electoral Roll for the purpose of
    set aside merely on     or any non-compliance of provisions of the Act or these      electing two regular students of affiliated Colleges to the Court.
      grounds of non-                                                                            (vii) Forthwith upon compilation of the list under clause (vi), the
         compliance,        Statutes unless such defect, irregularity or non-
                                                                                         Returning Officer shall issue notification inviting nominations and fixing the
       irregularities or
           defects.
                            compliance materially affects the results of the election.   date of filing nominations, scrutiny of nomination papers, withdrawal of
                                                                                         candidature and the date, time and place for taking the poll, if necessary. For
         St. 8 (Const.)* (i) Notwithstanding anything contained in these                 the purpose of filing nominations for election to the Court from this
 Electoral College
                    Statutes, for the purpose of constituting the Electoral              constituency, only the electors constituting the Electoral College shall be
                    College which shall elect two regular students of affiliated         entitled to be nominated as candidates.
colleges to the Court, in pursuance of sub-clause (xxi) of clause (b) of Sub-                    (viii) The Returning Officer shall make necessary arrangement for the
section (1) of Section 17 of the Act read with parapgrah (3) of St. 6 (Const.),          printing of ballot papers. He shall send them to the Principals of the Colleges
each College or Institution shall be a Unit which shall elect the proportionate          and the Heads of the Institutions concerned, who shall exercise the powers
number of electors on the basis of one elector for every one hundred regular             and perform the duties and functions of the Presiding Officer for the purpose
students or part thereof exceeding fifty registered on the electoral roll of the         of election of two members to the Court by the Electoral College.
Unit concerned.
                                                                                                 (ix) In holding the elections for constituting the Electoral College and
         (ii) The Principal of the College or the Head of the Institution                in the process of election of two members to the Court by the Electoral
concerned shall exercise the powers and perform the duties and functions of              College, the procedure laid down in St. 7 (Const.) shall be followed.
the Returning Officer in respect of that College or Institution, except as
provided under following clause (viii), whereunder, he shall exercise the                        (x) The University shall defray the expenses incidental to the holding
powers and perform the duties and functions of the Presiding Officer.                    of elections in the affiliated Colleges and Institutions concerned subject to
                                                                                         such ceiling as may be prescribed.
         (iii) The Registrar shall, in consultation with the Vice-Chancellor,
issue a notification fixing the date and time for holding the election and the
counting of votes in the affiliated Colleges and Institutions.
         (iv) The Principal of the College or the Head of the Institution                                                   CHAPTER V
concerned shall thereupon issue a notice inviting nominations and fixing the
dates for the filing of nominations, scrutiny of nomination papers, withdrawal                                  ELECTIONS   TO THE   EXECUTIVE COUNCIL
of candidature and indicating the date, time and place for taking the poll, if
necessary. He should make all necessary arrangements for holding the
election according to the schedule.                                                             St. 9 (Const.) For the purpose of elections to the Executive Council
                                                                                         Registrar to convenein terms of Section 20 of the Act, the Registrar shall
         (v) Immediately after declaring the results of the election in respect            meetings of the   convene meetings of the members concerned of the
   Procedure of      of the Electoral College, the Principal of the College or           concerned members
  election by the
                                                                                                             relevant Authorities, namely—
                     the Head of the Institution concerned shall sent an
 Electoral College   authenticated copy of the declaration of result to the                     (i)    The Court as referred to in clauses (ix) (a) & (b), (x), (xi), (xii)
Registrar, who shall be the Returning Officer for the purpose of election of                           (a), (b) & (c) of sub-section (1);
                                                                                                (ii)   The Faculty Councils for Post-graduate Studies as referred to
*         indicates the provisions of St. 8 (Const.) (i) amended, [Vide Chancellor's                   in clauses (viii) (a) and (b) of sub-section (1);
          secretariat Letter No. 1726-Edn. (U) dt. 5/6.8.83]
                                      [ 27 ]                                                                                 [ 28 ]
       (iii)     The Council for Under-graduate Studies in Arts, Science,             candidate whose name has been included in the list may withdraw his
                 Commerce, Law, Fine Arts and Music as referred to in clauses         candidature orally or in writing at any time before the commencement of
                 (xiii) (a) and (xiv) of sub-section (1);                             voting.
        (iv) The Council for Under-graduate Studies in Engineering and                         (d) If the number of candidates remaining after such withdrawal is
                 Technology as referred to in clause (xiii) (b) of sub-section (1);                             equal to or less than the number of seats to be filled at
                                                                                           Uncontested
                                        and                                                  election           the election, all such candidates shall be declared elected
        (v)      The Council for Under-graduate Studies in Medicine as                                          by the Chairman and a fresh election shall be held on a
                 referred to in clause (xiii) (c) of sub-section (1).                 subsequent date for filling the remaining seats, if any.
        St. 10 (Const.) (a) Before convening meetings, the Registrar shall                     (e) If the number of such candidates exceeds the number of seats to
   Procedure to be     secure the concurrence of the Vice-Chancellor in writing            Contested
                                                                                                              be filled at the election, a list of such candidates shall be
followed for holding and the dates for such meetings shall be fixed in                      election          prepared and a serial number shall be given to each
      meetings         consultation with him.                                                                 candidate. This list shall be read out to the members
        (b) No other business shall be transacted in such meetings and the            present who shall then proceed to vote by secret ballot. Each member present
election of members from the respective bodies to the Executive Council               at the meeting shall have as many votes as there are seats to be filled at the
shall constitute the single item for the said meetings.                               election and shall record his vote or votes secretly by entering on a slip of
                                                                                      paper, to be supplied to him for the purpose, the serial numbers of the
        (c) A notice of not less than ten days shall be given for such meetings
                                                                                      candidates in whose favour he wishes to vote. He shall fold the slip of paper
and all such notices shall be sent to the members by Registered Post or
                                                                                      so as to conceal his vote or votes and deliver the same to the Chairman of
through messenger.
                                                                                      the meeting.
       St. 11 (Const.) Elections to the Executive Council shall be completed
                                                                                               (f) The Chairman shall determine whether the votes are valid or not
                  within three months, excluding intervening vacations, if
                                                                                        Chairman to decide and shall count all valid votes after the completion of
   Time limit
                  any, from the date on which (i) the Court, (ii) the Faculty
                                                                                          validity of votes      the voting.
Councils for Post-graduate Studies and (iii) the Councils for Under-graduate
Studies have been finally constituted by elections and nominations.                                                     (g) When the counting of votes has been
                                                                                       Declaration of result
                                                                                                              completed—
       St. 12 (Const.) (a) The Vice-Chancellor shall be the Chairman at the
                 meetings referred to in St. 9 (Const.), but he shall have no                  (i)      in a case where the number of seat to be filled is one, the
    Chairman                                                                                            Chairman shall forthwith declare the candidate to whom the
                 right to vote.
                                                                                                        highest number of valid votes has been cast, to be duly elected.
        (b) At such meetings a member from the appropriate constituency                                 When two or more candidates receive an equal number of
   Nomination &
                    may propose, as candidates, the names of as many                                    votes and they cannot all be declared elected, the question as
  Voting procedure  members or less including himself as there are seats to                             to which of them shall be declared to have been elected shall
                    be filled at the election. A member who is absent at the                            be decided by the Chairman by the drawing of lots in such
meeting shall be entitled to propose in writing the names of candidates for                             manner as he deems fit;
election provided that every such proposal has been sent so as to reach the
                                                                                               (ii)     in a case where more than one seat is to be filled, the Chairman
Registrar before the commencement of the meeting.
                                                                                                        shall prepare a list of candidates arranged in the descending
        (c) A list of the names of all the candidates who have been so                                  order of the number of valid votes secured by each, mentioning
                     proposed and who are eligible to seek election shall be                            the number of votes against each, mentioning the number of
   Eligibility for
    candidature      prepared at the meeting by the Chairman and read out to                            votes against each. He shall declare such number of candidates
                     the members present. The Chairman of the meeting shall                             from the top of the said list as the number of seats is to be
determine whether a candidate is eligible for being elected or not. Any                                 filled, to have been duly elected;
                                   [ 29 ]                                                                                [ 30 ]
              Provided that when two or more candidates secure an equal                   (2) For the purposes of elections to the Faculty Councils for Post-
              number of votes and they cannot all be declared elected, the            Election from     graduate Studies in (i) Arts, Commerce, Law, Fine Arts
              question as to which of them shall be declared to have been             among Post-       and Music and (ii) Science in terms of clause (iv) (b) of
              elected, shall be decided by the Chairman by the drawing of           graduate teachers   sub-section (2) of Section 22 of the Act, the Registrar
              lots in such manner as he deems fit.                               shall convene a meeting of the Teachers, not being Heads of the Departments
     (h) Any objection relating to the election shall be raised at the meeting   or Professors, belonging to the Faculty concerned on an appointed date with
                    and decided by the Chairman whose decision shall be          the concurrence of the Vice-Chancellor.
   Objections
                    final.                                                                St. 14 (Const.) (1) For the purposes of elections to the Faculty
                                                                                                        Councils for Post-graduate Studies as envisaged in
                                                                                   Election by Under-
                                                                                     graduate Council   clause (vi) of sub-section (2) of section 22 of the Act,
                                                                                                        the Registrar shall convene a meeting of the Council for
                               CHAPTER VI                                        Under-graduate Studies pertaining to the subject or subjects concerned.
                                                                                          (2) Notwithstanding anything contained in these Statutes, the
    ELECTIONS   TO THE   FACULTY COUNCILS   FOR   POST-GRADUATE STUDIES           Procedure of Election procedure laid down in St. 10 (Const.) and St. 12
                                                                                   to Executive Council (Const.) shall mutatis mutandis apply to every such
                            St. 13 (Const.) (1) For the purposes of                       to apply
Faculty Councils in
                                                                                                        election;
Arts and Science to  constitution of and elections to the Faculty Councils for            Provided that all objections relating thereto shall be raised at the
   comprise the      Post-graduate Studies in—                                            meeting and decided by the Vice-Chancellor, who shall be the
  Departments as
     specified
                     (i)   Arts, Commerce, Law, Fine Arts and Music                       Chairman at such meetings.
                           and                                                            St. 15 (Const.) For the purposes of constitution of and elections to the
     (ii)     Science;                                                             Election to Faculty  Faculty Council for Post-graduate Studies in
              the respective Faculty Council shall comprise, in terms of sub-           Council in      Engineering and Technology in terms of sub-sections
                                                                                     Engineering and    (1) and (3) of Section 22 of the Act, the procedure laid
              section (1) & (2) of Section 22 of the Act, the Departments as           Technology
              specified hereunder :                                                                     down in St. 13 (Const.) and St. 14 (Const.), read with St.
                                                                                 10 (Const.) and St. 12 (Const.) shall be followed.
              (a) The Faculty Council for Post-graduate Studies in Arts,
                   Commerce, Law, Fine Arts and Music
                   (i) Bengali (ii) English (iii) Economics (iv) History (v)
                   Philosophy (vi) Political Science (vii) Sanskrit (viii)                                           CHAPTER VII
                   Commerce including Industrial Relations & Personnel
                   Management (ix) Law (x) Library Science and (xi) such                   ELECTIONS      TO THE   COUNCILS   FOR   UNDER-GRADUATE STUDIES
                   other subjects or Courses of Studies as may be brought
                   under the Purview of the Faculty Council by the Executive
                   Council.                                                             St. 16 (Const.) (1) For the purposes of constitution of and elections
              (b) The Faculty Council for Post-graduate Studies in Science         Council for Under-     to the Council for Under-graduate Studies in Arts,
                                                                                   graduate Studies in    Science, Commerce, Law, Fine Arts and Music the said
                   (i) Botany (ii) Chemistry (iii) Geography (iv) Mathematics     Arts and Science to
                   (v) Physics (vi) Zoology (vii) Instrumentation Science             comprise the        Council shall comprise in terms of sub-sections (1) &
                   (viii) Science Education and (ix) Such other subjects or       subjects as specified
                                                                                                          (2) of Section 24 of the Act, the subjects or courses of
                   Courses of Studies as may be brought under the Purview
                                                                                 Studies as specified hereunder :
                   of the Faculty Council by the Executive Council.
                                    [ 31 ]                                                                           [ 32 ]
       Bengali; English; French; Hindi; Nepali; Sanskrit; Urdu; Economics;               St. 17 (Const.) (1) For the purposes of constitution of and elections
       History; Philosophy; Political Science; Statistics; Commerce; Law;          Council for Under-  to the Council for Under-graduate Studies in
       Music; Botany; Chemistry; Geography; Mathematics; Physics;                  graduate Studies in Engineering and Technology, the following shall be
                                                                                    Engineering and
       Physiology; Zoology; Geology; Courses leading to B. Ed. Degree;                 Technology
                                                                                                       deemed to be the Departments of teaching of Regional
       Diploma/ Degree in Physical Education and such other subjects or                                Engineering College, Durgapur within the meaning of
       Courses of Studies in which instructions are imparted in affiliated        sub-section (3) of Section 24 of the Act :—
       Colleges or Institutions and as may be brought under the purview of               Civil; Electrical; Mechanical; Metallurgical; Chemical and such other
       the Council for Under-graduate Studies.                                           Departments in other branches of Engineering as may be established
        (2) For the pruposes of elections to the Council for Under-graduate              by the College with the approval of the Executive Council;
                      Studies in Arts, Science, Commerce, Law, Fine Arts                 Provided that the Departments of Studies in such subjects as
  Provisions of St. 7
   (Const.) to apply  and Music in terms of clauses (v) and (vii) of sub-                Humanities, Mathematics, Physics and Chemistry which are common
                      section (2) of Section 24 of the Act, the Registrar or             subjects of study pertaining to the Departments as enumerated in these
such other person as may be appointed by the Vice-Chancellor in this behalf              Statutes, shall be deemed to be separate Departments within the
shall be the Returning Officer and the procedure laid down in St. 7 (Const.)             meaning of the aforesaid provision of the Act.
shall be followed.
                                                                                           (2) For the purposes of election to the Council for Under-graduate
       (3) For the purposes of election to the Council in terms of clause (v)                          Studies in Engineering & Technology in terms of clause
                                                                                   Provisions of St. 7
of sub-section (2) of Section 24 of the Act, the Returning Officer shall                               (v) of sub-section (3) of Section 24 of the Act, the
                                                                                    (Const.) to apply
appoint a Presiding Officer for every polling station. The Presiding Officer                           Registrar or such other person as may be appointed by
shall make all necessary arrangements for taking the poll at the polling          the Vice-Chancellor in this behalf shall be the Returning Officer and the
station and shall conduct the poll there on the polling day.                      procedure laid down in St. 7 (Const.) shall be followed.
       (4) For the purposes of election to the Council in terms of clause (vii)          St. 18 (Const.) (1) For the purposes of constitution of and election to
of Sub-section (2) of Section 24 of the Act, the poll shall be conducted by        Council for Under-  the Council for Under-graduate Studies in Medicine, the
the Returning Officer by postal ballot and the procedure laid down in              graduate Studies in following shall be deemed to be the Departments of
paragraphs (34), (35), (36) and (37) of St. 7 (Const.) shall be followed.              Medicine.
                                                                                                       teaching of Burdwan Medical College within the
       (5) For the purposes of elections to the Council in terms of clause (vi)   meaning of sub-section (4) of Section 24 of the Act :—
     Meeting of      of Sub-section (2) of Section 24 of the Act, the Registrar          Anatomy; Physiology; Bio-Chemistry; Pathology; Micro-Biology;
 concerned members   or such other person as may be authorised by the Vice-              Pharmacology; Preventive & Social Medicine; Forensic & State
   of the Faculty    Chancellor in this behalf shall convene a meeting of the            Medicine; Medicine; Surgery; Gynaecology; Radiology; Physical
      Councils.
                     concerned members of the Faculty Councils for Post-                 Medicine; Anaesthesiology; Dentistry; E.N.T.; Opthamology;
graduate Studies in Arts, Commerce, Law, Fine Arts & Music and Science                   Orthopedics and such other Departments as may be established by the
on such date and time as may be fixed in consultation with the Vice-                     college with the approval of the Executive Council.
Chancellor.
                                                                                          (2) For the purposes of election to the Council for Under-graduate
       (6) Notwithstanding anything contained in these Statutes, the                   Provision of    Studies in Medicine in terms of clause (iv) of sub-
procedure laid down in St. 13 (Const.) and St. 14 (Const.) read with St. 10           St. 7 (Const.)   section (4) of Section 24 of the Act, the Registrar or
(Const.) and St. 12 (Const.) shall be followed in every election envisaged in            to apply      such other person as may be appointed by the Vice-
these Statutes.                                                                   Chancellor in this behalf shall be the Returning Officer and the procedure
                                                                                  laid down in St. 7 (Const.) shall be followed.
                                     [ 33 ]                                                                             [ 34 ]
                               CHAPTER VIII                                                St. 21 (Const.) (1) The Vice-Chancellor shall, for the first constitution
                                                                                         Manner of       of the Court, appoint one of the two principals referred
                             ANCILLARY MATTERS                                       appointment of two  to in clause (xxx) of sub-section (1) of Section 17 as a
                                                                                        principals by    member of the Court. The member so appointed shall
                                                                                       rotation under    hold office till the expiry of his term as a member of the
       St. 19 (Const.) (1) For the purpose of election of the Dean for each              section 17.
                                                                                                         Court :
   Election of the   Faculty Council for Post-graduate Studies in terms of                Provided that where such member ceases to be the Principal of the
        Dean         sub-section (2) of Section 26 of the Act, the Secretary of
                                                                                          College by way of transfer or otherwise, fresh appointment from that
                     the Faculty Council concerned shall convene a meeting
                                                                                          college shall be made by the Vice-Chancellor for the unexpired term
of that Faculty Council;
                                                                                          of office of the member.
       Provided that till such time a Secretary to the Council concerned is
       appointed, the Registrar shall perform the functions and duties of the              (2) Such appointment under paragraph (1) shall thereafter be made by
       Secretary in this behalf.                                                    rotation from among the two Principals of the Colleges referred to in clause
         (2) In convening and holding a meeting of the Faculty Council              (xxx) of sub-section (1) of Section 17.
concerned for the purpose of election of the Dean, the procedure laid down
in St. 10 (Const.) and St. 12 (Const.) shall be followed.
         (3) For the purpose of determination of seniority of a Dean within the
   Determination of     meaning of sub-section (3) of Section 26 of the Act, the
        seniority       length of service rendered as Professor in the University
                        shall be the criterion.
         *(4) The term of office of the Dean of a Faculty Council for Post-
                      graduate Studies shall be two years from the date of his
    Term of Office
                      election as Dean;
         Provided that, till a new Dean is elected, the outgoing Dean shall
         continue to function as such.
         (5) A Dean shall take initiative in promoting academic activities and
                        shall serve as the liasion between the Faculty Council
     Functions and
                        concerned and the Councils for Under-graduate Studies.
         duties
                        He shall also discharge such other duties as he may be
required to do by any of the Authorities of the University or the Vice-
Chancellor.
         St. 20 (Const.) The Chancellor shall constitute a one-man Election
                      Tribunal under Section 40 of the Act with a person
 Constitution of the  belonging to the West Bengal Higher Judicial Service of
  election Tribunal
                      more than 10 years standing or a retired Judge of the
Calcutta High Court.
                            (2) The Board of Research Studies for every such                (3) Three external experts in the subject or subjects
Members of Board
of Research Studies  subject shall be constituted in the manner as hereafter                    concerned to be appointed by the Vice-Chancellor on the
                     provided :                                                                 basis of the recommendation of the relevant Board of
      (A)     In respect of a subject in which there is a University                            Post-graduate Studies.
              Department of Studies :                                                (C)    In respect of a subject in which there is no post-graduate
              (1) The Dean of the Faculty concerned, who shall be the                       teaching either at the University Department of Studies or at
                   Chairman (ex-officio);                                                   any of the constituent or affiliated colleges :
              (2) The Head of the relevant University Department of                         (1) The Dean of the Faculty concerned, who shall be the
                   Studies;
                                                                                                Chairman (ex-officio); and
              (3) All Professors of the University Department concerned;
                                                                                            (2) Five external experts in the subject or subjects concerned
              (4) Two teachers other than Professor, imparting instruction
                                                                                                to be nominated by the Vice-Chancellor.
                   in the subject at the Post-graduate level nominated by the
                   Vice-Chancellor ordinarily on the basis of seniority as           (D)    In respect of the subjects of studies pertaining to Engineering
                   defined in the University Statutes relating to the                       and Technology as enumerated in St. 17 (Const.) of the
                   constitution, function and management of the University                  Statutes relating to the election procedure to the Court, the
                   Departments of Studies;                                                  Executive Council, the Faculty Councils for Post-graduate
              (5) One Professor and one teacher, other than Professor,                      Studies, the Councils for Under-graduate Studies and other
                   imparting instruction at the Post-graduate level in the                  Authorities of the Univesity, read with the second proviso to
                   subject concerned at affiliated/constituent college(s), if               St. 3 (B. S.) but excluding the subjects Chemistry, Geology,
                   any, nominated by the Vice-Chancellor; and                               Mathematics, Physics and the Humanities :
              (6) Three external experts in the subject or subjects concerned               (1) The Dean of the Faculty concerned, who shall be the
                   to be appointed by the Vice-Chancellor on the basis of the
                                                                                                Chairman (ex-officio);
                   recommendation of the Committee for the relevant
                   University Department of Studies :                                       (2) The Head of the relevant Department at Regional
                   Provided that in respect of a subject in which teaching is                   Engineering College, Durgapur;
                   imparted at the Post-graduate level both at the University               (3) All Professors of the relevant Department at Regional
                   and at affiliated/constituent college(s), the three external                 Engineering College, Durgapur;
                   expert members shall be appointed by the Vice-                           (4) Two teachers, other than Professors, of the subject
                   Chancellor on the basis of the recommendation of the
                                                                                                concerned nominated by the Vice-Chancellor in
                   relevant Board of Post-graduate Studies.
                                                                                                consultation with the Dean; and
      (B)     In respect of a subject (not pertaining to Engineering and
              Technological Studies) in which there is no University                        (5) Three external experts in the subject or subjects concerned
              Department of Studies but in which Post-graduate instruction                      appointed by the Vice-Chancellor on the recommendation
              is imparted at affiliated/constituent college(s) :                                of the relevant Board of Post-graduate Studies/Under-
              (1) The Dean of the Faculty concerned, who shall be the                           graduate Studies.
                   Chairman (ex-officio);                                             St. 4 (B.S) (1) There shall be a Board of Post-graduate Studies for
              (2) Four teachers in the subject imparting instruction at the        Board of Post-   every subject attached to the concerned Faculty Council
                   Post-graduate level at the college(s) concerned nominated      graduate Studies  for Post-graduate Studies as specified below :
                   by the Vice-Chancellor; and
                                     [ 39 ]                                                                            [ 40 ]
       (A)     THE FACULTY COUNCIL FOR POST-GRADUATE STUDIES IN ARTS,                                  (3)     Two part-time teachers to be co-opted by the
               COMMERCE, LAW, FINE ARTS AND MUSIC :                                                            members as specified in sub-paragraphs (1) and
               (i) Bengali (ii) Economics (iii) English (iv) History (v) Library                               (2) at a meeting convened for the purpose; and
               & Information Science (vi) Philosophy (vii) Political Science                            (4)    Three external experts in the subject or subjects
               (viii) Sanskrit (ix) Commerce (x) Business Adminisstration                                      concerned to be co-opted by the members as
               (xi) Industrial Relation & Personnel Management (xii) Law                                       specified in sub-paragraphs : (1), (2) & (3) above.
               (xiii) Fine Arts (xiv) Music and (xv) Such other subjects or                                    Provided that such a Board of Studies shall not be
               courses of studies as may be brought under the purview of the                                   deemed to have been constituted until the co-
               Faculty Council by the Executive Council;                                                       option of external expert members is completed.
                                                                                           (B)    In respect of a subject belonging to the Faculty Council for
       (B)     THE FACULTY COUNCIL FOR POST-GRADUATE STUDIES IN SCIENCE :
                                                                                                  Post-graduate Studies in Engineering and Technology :
               (i) Botany (ii) Chemistry (iii) Geography (iv) Geology (v)
                                                                                                        (1)    The Principal, Regional Engineering College,
               Mathematics (vi) Physics (vii) Zoology and (viii) such other
                                                                                                               Durgapur, who shall be the Chairman (ex-officio);
               subjects or courses of studies as may be brought under the
               purview of the Faculty Council by the Executive Council; and                             (2)    The Head of the Relevant Department(s) of Studies
                                                                                                               at Regional Engineering College, Durgapur;
       (C)   THE FACULTY COUNCIL FOR POST-GRADUATE STUDIES IN                                           (3)    All whole-time teachers, not below the rank of
             ENGINEERING AND TECHNOLOGY :                                                                      Lecturer, of the relevant Department(s) of Studies
             (i) Chemical Engineering (ii) Civil Engineering (iii) Electrical                                  at Regional Engineering College, Durgapur; and
             Engineering (iv) Mechanical Engineering (v) Metallurgical                                  (4)    Three external experts in the subject or subjects
             Engineering and (vi) such other subjects in other branches of                                     concerned to be co-opted at a meeting convened
             Engineering as may be introduced under the authority of the                                       for the purpose, by the members as specified in
             Executive Council.                                                                                sub-paragraphs (1), (2) and (3):
     (2) The Board of Post-graduate Studies for every such subject shall                                       Provided that such a Board of Studies shall not be
Members of Board of consist of the following members :                                                         deemed to have been constituted until the co-
Post-graduate Studies                                                                                          option of external expert members is completed.
       (A)     In respect of a subject belonging to the Faculty Councils for               St. 5 (B. S.) 1. There shall also be a Board of Post-graduate Studies
               Post-graduate Studies in :                                           for every subject for which there is no concerned University Department of
               (i) Arts, Commerce, Law, Fine Arts and Music;                        Studies but in which instruction is imparted at the Post-graduate level at a
               and                                                                  constituent or affiliated college. Such a Board of Post-graduate Studies shall
                                                                                    come under the purview of the concerned Faculty Council for Post-graduate
               (ii) Science :                                                       Studies.
                     (1)   The Head of the relevant University Department of               2. A Board of Post-graduate Studies in a subject as envisaged in
                           Studies, who shall be the Chairman (ex-officio);         paragraph 1 shall consist of the following members :
                     (2)   All whole-time teachers of the relevant University
                                                                                           (1)    All whole-time teachers in the subject at the constituent or
                           Department of Studies as well as those of the
                                                                                                  affiliated college(s) concerned participating in such Post-
                           constituent/affiliated college(s) participating in the
                                                                                                  graduate teaching;
                           teaching of the subject or subjects concerned at the
                           Post-graduate level;                                            (2)    Two part-time teachers to be co-opted, by the members as
                                                                                                  specified in sub-paragraph (1) at a meeting convened for the
                                                                                                  purpose; and
                                   [ 41 ]                                                                            [ 42 ]
      (3)      Three external experts in the subject or subjects concerned to          (3) THE COUNCIL FOR UNDER-GRADUATE STUDIES IN MEDICINE :
               be co-opted in the same manner as indicated in sub-paragraph            (i)     Pre-clinical       (a) Anatomy
               (2) :
                                                                                               Group              (b) Bio-Chemistry
               Provided that such a Board of Studies shall not be deemed to
                                                                                                                  (c) Physiology
               have been constituted until the co-option of external expert
               members is completed.                                                   (ii)    Para-clinical      (a) Forensic & State Medicine
       3. The Chairman of such a Board shall be nominated by the Vice-                         Group              (b) Micro-Biology
Chancellor from among the members as specified in sub-paragraph (1).                                              (c) Pathology
       St. 6 (B. S.) There shall be a Board of Under-graduate Studies for                                         (d) Pharmacology
  Board of Under-    every subject attached to the concerned Council for                                          (e) Preventive & Social Medicine
  graduate Studies   Under-graduate Studies as specified below :
                                                                                       (iii) Clinical             (a) Anaesthesiology
       (1) THE COUNCIL FOR UNDER-GRADUATE STUDIES IN ARTS, SCIENCE,                            Group              (b) Dentistry
COMMERCE, LAW, FINE ARTS AND MUSIC :                                                                              (c) Oto-rhino-laringology (ENT)
       (i) Bengali (ii) Economics (iii) English (iv) History (v) Library &                                        (d) Gynaecology & Obstetrics
Information Science (vi) Philosophy (vii) Political Science (viii) Sanskrit
                                                                                                                  (e) Medicine
(ix) Commerce (x) Law (xi) Fine Arts (xii) Music (xiii) Physical Education
(xiv) Science Education (xv) Teacher's Training (xvi) Botany (xvii)                                               (f) Ophthalmology
Chemistry (xviii) Geography (xix) Geology (xx) Mathematics (xxi) Physics                                          (g) Orthopaedics
(xxii) Physiology (xxiii) Zoology and (xxiv) such other subjects or courses                                       (h) Physical Medicine
of Studies as may be brought under the purview of such Council for Under-                                         (i) Radiology
graduate Studies by the Executive Council;
                                                                                                                  (j) Surgery
      (2) THE COUNCIL FOR UNDER-GRADUATE STUDIES IN ENGINEERING AND                                                   and
TECHNOLOGY :                                                                           (iv) such other subjects as may be introduced under the authority
      (i) Chemical Engineering (ii) Civil Engineering (iii) Electrical                         of the Executive Council
      Engineering (iv) Mechanical Engineering (v) Metallurgical                        St. 7 (B. S.) 1. The Board of Under-graduate Studies in every such
      Engineering and (vi) such other subjects in other branches of             Members of Board of      subject or group of subjects, as the case may be, shall
      Engineering as may be brought under the purview of such Council for       Under-graduate Studies   consist of the following members :
      Under-graduate Studies by the Executive Council :
                                                                                       (A) In respect of a subject belonging to the Council for Under-
      Provided that the subjects, viz., the Humanities, Applied Mechanics,                     graduate Studies in Arts, Science, Commerce, Law, Fine Arts and
      Chemistry, Geology, Mathematics, Physics, Workshop Practice and                          Music in which there is a University Department of Studies :
      such other subjects as may be declared by the Executive Council as
      the supporting subjects of study pertaining to Engineering and                           (1) The Head of the relevant University Department of
      Technology as enumerated in St. 17 (Const.) of the Statutes relating                           Studies, who shall be the Chairman (ex-officio);
      to election procedure to the Court, the Executive Council, the Faculty                   (2) Two teachers of the relevant University Department of
      Councils for Post-graduate Studies, the Councils for Under-graduate                            Studies nominated by the Committee for the concerned
      Studies and the Authorities of the University, shall be deemed to be                           University Department of Studies as defined in the
      separate subjects of study for the purpose of this Statute; and                                University Statutes relating to the constitution, function and
                                                                                                     management of the University Departments of Studies ;
                            [ 43 ]                                                                         [ 44 ]
      (3) One Principal of an affiliated or a constituent college                          paragraphs (1), (2) and (3) at a meeting convened for the
           belonging to the concerned subject, nominated by the                            purpose :
           Vice-Chancellor :                                                               Provided that such a Board of Studies shall not be deemed
           Provided that if such a Principal is not available, the                         to have been constituted until the co-option of external
           position shall be filled up from amongst the teachers                           expert members is completed.
           belonging to the subject from affiliated or constituent        2.   The Chairman of such a Board shall be nominated by the Vice-
           colleges in the same manner as in the case of teachers of           Chancellor from among the members as specified in sub-paragraph
           the affiliated colleges belonging to the subjects as shown          (1), (2) and (3).
           in sub-paragraph (4);
                                                                               (C)    1. In respect of a subject in which there is no Post-graduate
      (4) Four teachers of the affiliated colleges belonging to the                   teaching either at the University Departments of Studies or at
           subject nominated by the council for under-graduate                        any of the constituent or affiliated Colleges :
           studies; and
                                                                                      (1) One Principal belonging to the subject concerned
      (5) Three external experts in the subject or subjects concerned                      nominated by the Vice-Chancellor :
           co-opted by the members as specified in sub-paragraphs
                                                                                           Provided that if such a Principal is not available the post
           (1), (2), (3) and (4) at a meeting convened for the purpose:
                                                                                           shall be filled up from amongst the teachers belonging to
           Provided that a Board of Studies shall not be deemed to                         the subject from affiliated or constituent colleges in the
           have been constituted until the co-option of external                           same manner as in the case of teachers of the affiliated
           expert members is completed.                                                    colleges belonging to the subject as shown in sub-
(B)   1. In respect of a subject belonging to the Council for Under-                       paragraph (2);
      graduate Studies in Arts, Science, Commerce, Law, Fine Arts                     (2) Five teachers of the affiliated colleges belonging to the
      and Music in which there is no University Department of                              subject nominated by the Council for Under-graduate
      Studies but in which Post-graduate instruction is imparted in                        Studies; and
      the concerned subject at an affiliated or constituent college :                 (3) Three external experts in the subject or subjects concerned
      (1) Three teachers of the subject participating in Post-                             co-opted by the members as specified in sub-paragraphs
           graduate teaching at the College(s) concerned nominated                         (1) and (2) at a meeting convened for the purpose :
           by the Vice-Chancellor;                                                         Provided that such a Board of Studies shall not be deemed
      (2) One Principal of an affiliated or a constituent college                          to have been constituted until the co-option of external
           belonging to the concerned subject nominated by the                             expert members is completed.
           Vice-Chancellor :                                              2.   The Chairman of such a Board shall be nominated by the Vice-
           Provided that if such a Principal is not available, the post        Chancellor from among the members as specified in sub-paragraphs
           shall be filled up from amongst the teachers belonging to           (1) and (2).
           the subject from affiliated or constituent colleges in the
                                                                               (D)    1. In respect of a subject, other than a Science and Humanities
           same manner as in the case of teachers of the affiliated
                                                                                      subject in its applied aspect, and belonging to the Council for
           colleges belonging to the subject as shown in sub-
                                                                                      Under-graduate Studies in Engineering and Technology :
           paragraph (3);
                                                                                      (1) The Principal, Regional Engineering College, Durgapur,
      (3) Four teachers of the subject in affiliated colleges
                                                                                           who shall be the Chairman (ex-officio);
           nominated by the Council for Under-graduate Studies; and
                                                                                      (2) The Head of the relevant Department of Studies at
      (4) Three external experts in the subject or subjects
                                                                                           Regional Engineering College, Durgapur;
           concerned co-opted by the members as specified in sub-
                                   [ 45 ]                                                                           [ 46 ]
               (3) Alll whole-time teachers, not below the rank of Lecturer             (b)      For Para-clinical Group :
                    of the relevant Department of Studies at Regional                            (1) The Principal, Burdwan Medical College, who shall be
                    Engineering College, Durgapur; and                                                the Chairman (ex-officio);
               (4) Three external experts in the subject or subjects                             (2) The Heads of the relevant Departments of Studies of
                    concerned, to be co-opted at a meeting convened for the                           Burdwan Medical College;
                    purpose, by the members as specified in sub-paragraphs                       (3) Two teachers from each of the concerned Department to
                    (1), (2) and (3);                                                                 be nominated by the teachers of the respective Department
                    Provided that such a Board of Studies shall not be deemed                         at a meeting convened for the purpose; and
                    to have been constituted until the co-option of external                     (4) Three external experts belonging to the Para-clinical
                    expert members is completed.                                                      group of subjects to be nominated by the Vice-Chancellor.
       2. In respect of a Science or Humanities subject in its applied aspect           (c)      For Clinical Group :
belonging to the Council for Under-graduate Studies in Engineering and                           (1) The Principal, Burdwan Medical College, who shall be
Technology as enumerated in the proviso under sub-paragraph (2) of St. 6                              the Chairman (ex-officio);
(B. S.) :                                                                                        (2) The Heads of the relevant Departments of Studies of
       (a)     (1) The Principal, Regional Engineering College, Durgapur,                             Burdwan Medical College;
                    who shall be the Chairman (ex-officio);                                      (3) One teacher from each of the concerned Department to be
                                                                                                      nominated by the teachers of the respective Department at
               (2) All whole-time teachers, not below the rank of Lecturer or
                                                                                                      a meeting convened for the purpose; and
                    Foreman, of the relevant subject at Regional Engineering
                                                                                                 (4) Three external experts belonging to the clinical Group of
                    College, Durgapur; and
                                                                                                      subjects to be nominated by the Vice-Chancellor.
               (3) Three external experts in the subject or subjects concerned          St. 8 (B.S.) (1) The term of office of the members, other than ex-
                    to be co-opted by the members as specified in sub-                                  officio members, shall be as specified in section 36 of
                                                                                   Term of office of
                    paragraphs (1) and (2) at a meeting convened for the               members          the Act.
                    purpose.
                                                                                        (2) Half of the total number of members plus one shall form the
          (b) In the absence of the Principal at any meeting of the Board, the                       quorum for meetings of the different Boards of Studies
                                                                                      Quorum
               members present shall elect the Chairman, for the purpose of                          provided for in the Statutes under this Chapter :
               transacting the business of the particular meeting, from                          Provided that no quorum shall be required for an adjourned
               amongst themselves.                                                               meeting.
       (E)     For every group of subjects belonging to the Council for
               Under-graduate Studies in Medicine :
          (a) For Pre-Clinical Group :                                                                          CHAPTER II
               (1) The Principal, Burdwan Medical College, who shall be
                    the Chairman (ex-officio);                                    THE STATUTES RELATING    TO  CONSTITUTION, POWERS   AND   FUNCTIONS   OF THE
        St. 2 (F. C.) (1) In these Statutes, unless the context otherwise               (i) advise the Court, the Executive Council and other Authorities of
  Interpretation     requires, words and expressions used shall be interpreted     Advice on financialthe University on any financial matter that may
                     to have the same meaning as they have in the Act.                  matters       appropriately be referred to it for opinion by any
        (2) The provisions of the Statutes, the Ordinances, the Regulations       Authority or body of the University ;
and the Rules of the University, so far as they affect the matters provided               (ii) maintain a watch over the progress of income and expenditure
herein, if in conflict with the provisions of these Statutes, shall stand         Watch over income
modified by the Statutes under this Chapter.                                                           provided for in the budget and make, from time to time,
                                                                                   and expenditure
        St.3 (F.C.) The Finance Committee shall consist of the following          and reports to the     such reports to the Executive Council as it·may think fit
                                                                                  Executive Council
 Constitution of the   members :                                                                         on any matter affecting the finances of the University;
 Finance Committee             (1) The Vice-Chancellor, who shall be the                  (iii) consider, as soon as may be and in no case later than six months
Chairman (ex-officio) ;
                                                                                    Anual Statement of after the close of every financial year, the Annual
        (2) The Secretary, Finance Department, Government of West Bengal                 Accounts       Statement of Accounts of the University as prepared by
or his nominee not below the rank of a Deputy Secretary ;                                               the Finance Officer and submit the same to the Executive
        (3) The Secretary, Education Department, Government of West               Council with its observations;
Bengal or his nominee not below the rank of a Deputy Secretary ;                          (iv) consider at a meeting convened for the purpose within the 30th
        (4) Two members to be nominated by the members of the Court from            Annual Budget     of November every year the Budget of the University
amongst themselves;                                                                                   showing the estimated receipt and expenditure under
        (5) Two members to be nominated by the members of the Executive           different heads of accounts for the ensuing financial year, as prepared by the
Council from amongst themselves;                                                  Finance Officer and submit the proposals for the Annual Budget along with
        (6) Two experts in financial management, not being a member of the        its recommendations thereon, to the Executive Council for examination and
Court or the Executive Council, to be nominated by the Chancellor in              approval and the decision taken by the Executive Council shall be final;
consultation with the Vice-Chancellor ;                                                   (v) consider the proposals and suggestions, if any, which may have
        (7) The Registrar of the University; and                                  been made by the Court, the Executive Council, the Faculty Councils for
                                                                                  Post-graduate Studies, the Councils for Under-graduate Studies, the
        (8) The Finance Officer of the University, who shall be the Secretary
                                                                                  Committees for the University Departments of Studies and the Heads of the
of the Committee (ex-officio).
                                                                                  Administrative Departments of the University for the purpose of preparing
        St. 4 (F. C.) (I) The term of office of the members, other than ex-       the Annual Budget;
  Term of office of    officio members, shall be as specified in section 36 of
      members          the·Act.                                                           (vi) prepare financial and accounts rules with the approval of the
                                                                                      Financial and
       (2) Half of the total number of members plus one shall form the               Accounts Rules      Executive Council.
    Quorum           quorum for a meeting of the Committee :                            (2) For the purpose of preparing the Annual Statement of Accounts or
       Provided that no quorum shall be required for an adjourned meeting.            The Finance     of making proposals for the Annual Budget or of
                                                                                    Committee may     discharging any other duty assigned to it by the Act, the
       (3) The Finance Committee shall meet at least thrice in a financial         call for papers or Statutes or the Ordinances, the Finance Committee may
 Minimum number                                                                       information
   of meetings        year, preferably once in every three months.                                    request any Authority or Body or any Officer of the
      St. 5 (F. C.) (1) Subject to the Provisions of the Act, the Statutes, the   University to furnish it with such papers or information, as it may consider
                   Ordinances, the Regulations and the Rules made                 necessary, in respect of any financial proposals or any item of accounts; and
    Powers and
  functions of the thereunder, the Finance Committee shall exercise the           such Authority or Body or Officer shall furnish the relevant papers or
Finance Committee  following powers and perform the following functions           information as expeditiously as possible.
and duties :
                                     [ 49 ]                                                                              [ 50 ]
                                CHAPTER III                                                (ix)    the Librarian of the University, who shall be the Secretary to
                                                                                                   the Committee (ex-officio).
              THE STATUTES RELATING TO THE MANAGEMENT OF THE                              St. 4 (L. C) (1) The term of office of the members, other than ex-
                  UNIVERSITY LIBRARY AND THE CONSTITUTION,                           Terms of office of  officio members, shall be as specified in section 36 of
              POWERS AND FUNCTIONS OF THE LIBRARY COMMITTEE                              members         the Act.
                                                                                           (2) Half of the total number of members plus one shall form the
        St. 1 (L. C.) (1) These Statutes may be called the Statutes relating to          Quorum
    Short title and   the Management of the University Library and the                                     quorum for a meeting of the Committee :
   commencement       Constitution, Powers and Functions of the Library                    Provided that no quorum shall be required for an adjourned meeting.
Committee.
                                                                                           (3) The Library Committee shall meet at least thrice in a
        (2) They shall come into effect from such date as the State
Government may, under sub-section (5) of Section 57 of the Act, appoint.            Minimum number of      year, preferably once in every three months.
                                                                                         meeting
        St. 2 (L.C.) (1) In these Statutes unless the context otherwise requires,
   Interpretation   words and expressions used shall be interpreted to have                (4) The Secretary to the Library Committee shall keep a record of the
                    the same meaning as they have in the Act.                           Records and
                                                                                        proceedings        proceedings of the meetings of the Committee.
        (2) The provisions of the Statutes, the Ordinances, the Regulations
and the Rules of the University, so far as they affect the matters provided               St. 5 (L.C.) Subject to the provisions of the Act, the Statutes, the
herein, if in conflict with the provisions of these Statutes, shall stand                              Ordinances, the Regulations and the Rules, the Library
                                                                                    Powers and duties of
modified by the Statutes under this Chapter.                                          the Committee    Committee shall exercise the following powers and
                                                                                    perform the following duties, namely—
       St. 3 (L. C.) (1) There shall be a Library Committee which shall be
 Constitution of the
                                                                                           (a)     to manage and control the University Library including the
 Library Coimmittee
                       constituted with the following members, namely—                             Departmental Libraries and such other Libraries as may be
       (i)    the Vice-Chancellor, who shall be the Chairman (ex-officio);                         maintained by the University;
       (ii)   the Deans of the Faculty Councils for Post-graduate Studies in               (b)     to advise the Executive Council on general policies in terms of
              Arts and Science (ex-officio);                                                       which the University library may be used and to make
       (iii) the Dean of Students or the Students' Welfare Officer, if any,                        recommendations in regard to such use;
              (ex-officio);                                                                (c)     to make recommendations for general policies guiding and
       (iv) the Registrar of the University (ex-officio);                                          governing the purchase of books and manuscripts and other
       (v)    the Finance Officer of the University (ex-officio);                                  related library materials within the budgetary provisions and
                                                                                                   also for the receipt of gifts of books, manuscripts and other
       (vi) Four teachers of the University of whom two shall be from
                                                                                                   library materials;
              each of the Faculty Councils for Post-graduate Studies in Arts
              and Science, to be nominated by the Vice-Chancellor;                         (d)     to advise on plans and procedure for the purchase, management
                                                                                                   and cataloguing of books and the manuscripts and other library
       (vii) one member to be elected by the Executive Council from
                                                                                                   materials;
              amongst its members;
                                                                                           (e)     to advise the University Librarian on such matters as may
       (viii) one member of the Court elected in terms of clause (xx) of
                                                                                                   be referred to it by him regarding the functioning of the
              sub-section (1) of section 17 of the Act, to be nominated by the
              Vice-Chancellor; and                                                                 library;
                                     [ 51 ]                                                                               [ 52 ]
      St. 3 (B. R. D.) (1) The Board of Residence and Discipline shall be               (3) The Board shall meet at least thrice a year, preferably once in
 Constitution of the                                                             Minimum number of
 Board of Residence    constituted with the following members, namely—                                  every three months or at shorter intervals if the Vice-
                                                                                      meetings
   and Discipline
                                                                                                        Chancellor deems it necessary.
      (i)    the Vice-Chancellor, who shall be the Chairman (ex-officio);
      (ii)   the Inspector of Colleges, who shall be the Secretary (ex-                 (4) The Secretary to the Board shall keep a record of the proceedings
             officio);                                                               Records and
                                                                                     Proceedings        of the meetings of the Board.
      (iii) the Dean of the Faculty Council for Post-graduate Studies in
             Arts, Commerce, Law, Fine Arts and Music or Science, as may                St. 5 (B. R. D.) Subject to the provisions of the Act, the Statutes, the
             be the Vice-Chairman of the Council for Under-graduate              Powers and duties ofOrdinances, the Regulations and the Rules, the Board
             Studies in Arts, Science, Commerce, Law, Fine Arts and Music            the Board       shall exercise the following powers and perform the
             (ex-officio);                                                       following duties, namely—
      (iv) the Medical Officer of the University (ex-officio);                          (a)     to recognise or withdraw recognition from halls or hostels in
      (v)    three teachers of affiliated colleges of whom one shall be from                    accordance with the provisions of the University Ordinances
             each of the Councils for Under-graduate Studies in (a) Arts,                       relating to Residence and Discipline of Students;
             Science, Commerce, Law, Fine Arts and Music, (b)                           (b)     to recognise temporarily, in a case of emergency, as a hostel
             Engineering and Technology and (c) Medicine, to be                                 any residence for students other than the halls and the hostels
             nominated by the Executive Council;                                                referred to in clauses (iv) and (v) of St. 2 (B. R. D.) subject
      (vi) one representative of the Executive Council not being a                              to such terms and conditions as the Board may, in each case,
             teacher, to be nominated by that Council;                                          impose;
      (vii) one teacher-member of the Faculty Council for Post-graduate
                                                                                        (c)     to supervise and control all halls, hostels and other places of
             Studies in Arts, Commerce, Law, Fine Arts and Music, to be
             nominated by the Executive Council;                                                residence for students referred to in clauses (iv) and (v) of St.
                                                                                                2 (B. R. D.) and to enforce the observance therein of the rules
      (viii) one teacher-member of the Faculty Council for Post-graduate
             Studies in Science, to be nominated by the Executive Council;                      of discipline that may be made by the authorities of the
                                                                                                University;
      (ix) two Principals of affiliated colleges of whom one shall be the
             Principal of a Women's College, to be nominated by the                     (d)     to arrange for the periodical inspection of halls, hostels and
             Executive Council; and                                                             other places of residence referred to in clauses (iv) and (v) of
      (x)    the students’ representative on the Executive Council (ex-                         St. 2 (B. R. D.);
             officio).                                                                  (e)     to deal with cases of breach of discipline in any hall, hostel or
      St. 4 (B. R. D.) (1) The term of office of the members, other than ex-                    such other place of residence in accordance with the provisions
 Term of office of                                                                              of the University Ordinances relating to Residence and
     members           officio members, shall be as specified in section 36 of
                                                                                                Discipline of Statutes; and
the Act.
                                                                                        (f)     to advise the Court and the Executive Council on the matters
      (2) Half of the total number of members of the Board plus one shall                       referred to in clauses (f), (g) and (h) of section 49 of the Act,
    Quorum                                                                                      in so far as they relate to the matters of residence and discipline
                 be the quorum for a meeting of the Board :
                                                                                                of the students of the University and the affiliated colleges.
      Provided that no quorum shall be required for an adjourned meeting.
                                     [ 55 ]                                                                          [ 56 ]
       St. 6 (B.R.D.) If any question arises in respect of any interpretation           St. 4 (U. D. S.) (1) For every University Department of Studies, there
   Vice-Chancellor's
                     of the provisions envisaged in the Statutes under this         Committee for a    shall be a Committee consisting of all the whole-time
  interpretation and Chapter or if any difficulty is experienced in the           University Departmentteachers of the Department, of which the Head of the
  direction shall be appplication thereof, the Vice-Chancellor shall give              of Studies      Department as mentioned hereafter in St. 5 (U. D. S.)
         final       such directions as he may consider necessary in the         shall be the ex-officio Chairman :
matter and such directions shall be final and binding.                                  Provided that if deemed necessary by the Head of the Department,
                                                                                        part-time teachers of the department may be invited to attend and
                                                                                        participate at the meetings of the Committee, but they shall have no
                                 CHAPTER V                                              right to vote.
                                                                                        (2) The Committee for a University Department of Studies shall
                                                                                 Duties and functions perform
                                                                                                           the following duties and functions, namely—
 THE STATUTES RELATING TO THE CONSTITUTION, FUNCTION AND MANAGEMENT
              OF THE U NIVERSITY DEPARTMENTS OF STUDIES                                 (a)   maintain close liaison with the appropriate Board of Post-
                                                                                              graduate Studies, Board of Research Studies and Faculty
                                                                                              Council for Post-graduate Studies as also with other University
     Short title and          St. 1 (U.D.S.) (1) These statutes may be called
  commencement and                                                                            Departments of Studies;
    repeal of former   the Statutes relating to the Constitution, Function and
                                                                                        (b)     Supervise the day-to day administration of the Department;
       Ordinances      Management of the Univeristy Departments of Studies.                     determine the allocation of teaching duties and arrangement of
      (2) They shall come into force from such date as the State                                the time-table for classes, tutorials and seminars and take up
Government may, under sub-section (5) of the Section 57 of the Act, appoint.                    other academic programmes in the department; and supervise
      (3) With the coming into force of these Statutes the ‘University                          and manage the libraries, laboratories, workshops and such
Ordinances relating to University Colleges' shall stand repealed.                               other units or offices as may be placed under the direct control
       St. 2 (U.D.S.) (1) In these Statutes, unless the context otherwise                       of the departments;
   Interpretation requires, words and expressions used shall be interpreted             (c)     exercise due supervision over all expenditure in the department
                  to have the same meaning as they have in the Act.                             and ensure—
       (2) The provisions of the Statutes, the Ordinances, the Regulations                      (i)   that all moneys are expended on the objects for which
and the Rules of the University, in so far as they affect the matters provided                        they have been respectively allotted;
herein, if in conflict with the provisions of these Statutes, shall stand                       (ii) that no expenditure is incurred without competent sanction
modified by the Statutes under this Chapter.                                                         or in contravention of the procedure laid down in that
       St. 3 (U. D. S.) The University shall, in terms of clause (i) of sub-                         regard in the accounts rules;
                   section (1) of section 18, clause (ii) of section 21 and
 Constitution of the                                                                            (iii) that a proper account is kept of all receipts and
    University     other relevant provisions of the Act, establish and                                disbursements;
  Departments of
      Studies
                   constitute University Departments of Studies and other                       (iv) that no undue delay occurs in the settlement of bills;
                   institutions and centres for study and research.
                                                                                                (v) that all appliances, apparatuses and other effects
       Explanation : For the purpose of this Chapter, a University                                  purchased by or allocated to the department are
Department of Studies shall mean not merely the departments so established                          maintained in proper conditions;
and constituted but also the institutions and centres for study and research                    (vi) that a stock-register is maintained in the department and
directly managed and administered by the University.                                                 kept up-to date; and
                                      [ 57 ]                                                                                [ 58 ]
       (d)  discharge such other duties and perform such other functions                      In the second instance, after all the Professors have completed their
            as may be assigned to it by the Faculty Council for Post-                  terms of office of the Head of the Department, the said office shall rotate
            graduate Studies or by the Executive Council.                              among the teachers belonging to the cadre of Reader in order of seniority
      (3) A meeting of the Committee for a University Department of                    and in the same manner as in the case of Professors.
                 Studies shall normally be convened once a month                              Explanation : (i) ‘Cadre’ means the category of teachers holding
    Meeting
                 (excluding vacation periods) by the Head of the
                                                                                                                the post of Professor, Reader or Lecturer, as the
Department.
                                                                                                                case may be.
      (4) Half of the total number of members plus one of the Committee
     Quorum      for a University Department of Studies shall form the                        (ii)    ‘Seniority’ of a teacher in a particular cadre shall be
quorum for a meeting of the Committee :                                                               determined by the length of service rendered in the particular
          Provided that no quorum shall be required for an adjourned meeting.                         cadre at the University of Burdwan. When the length of service
                                                                                                      as such in respect of two or more teachers is the same, the
          (5) The Committee for a University Department of Studies will not
                                                                                                      seniority shall be determined on the basis of the total length of
Decision on the basis normally take any formal vote on a matter and shall
     of consensus         always endeavour to arrive at a decision on the basis of                    service rendered at the University of Burdwan in the capacity
consensus.                                                                                            of a teacher. If seniority cannot be determined even then, it
          (6) The Head of a University Department of Studies, as referred to in                       shall be determined on the basis of seniority in age.
     Vice-Chancellor's St. 5 (U.D.S.), shall act according to the decisions                   (iii)   In determining the aforementioned two-year period for the
   ruling shall be final arrived at in the meetings of the Committee for that
        and binding
                                                                                                      purpose of rotation, the period served by a teacher as the Head
                          University Department of Studies; in case, he is unable
                                                                                                      of a University Department of Studies on a regular basis under
to·concur with a decision taken by the Committee, he may formally request
the Committee to re-consider the said decision, and if on re-consideration the                        the provisions of the Statutes relating to the Management of
Committee is unable to modify or change the decision, the matter may be                               the University Departments of Studies (which are now
referred to the Vice-Chancellor, whose ruling in this regard shall be final and                       substituted by these Statutes) shall count.
binding.
                                                                                              (3)    A teacher who has already held the office of the Head of the
          St. 5 (U. D. S.) (1) There shall be a Head for every University              appropriate University Department of Studies for two years or more on the
 Head of a University Department of Studies, who shall be appointed by the             day or before the date of coming into force of the Statutes under this Chapter
     Department of       Vice-Chancellor for a period of two years subject to the
         Studies         provisions of the Statutes in this Chapter on the basis of    shall make over charge to the incumbent to be appointed by the Vice-
rotation from amongst the whole-time teachers of that Department of Studies            Chancellor in accordance with the provisions of paragraphs (1) and (2). A
ordinarily not below the rank of a Reader.                                             teacher who has been holding or who has held the office of the Head of the
          (2) The process of rotation shall be followed according to the               appropriate University Department of Studies for a period of less than two
   Principle of rotation principles enunciated hereunder :                             years shall continue to hold such office till he completes the period of two
    of the office of the          In the first instance, the office of the Head of a   years.
  Head of a Department
         of Studies
                           Department    of Studies shall rotate among the                    (4) A teacher who has already served as the Head of the appropriate
                           Professors. The seniormost of the teachers belonging to
                                                                                       University Department of Studies may be re-appointed to that office when
the cadre of Professor in the department who has not so far served as Head
                                                                                       everyone among the other eligible teachers of the department has already
of the Department on regular basis, shall be appointed as the Head of the
Department followed by the other Professors of the department in order of              served in that office in the manner prescribed in paragraphs (1) and (2).
seniority ;
                                         [ 59 ]                                                                                [ 60 ]
   Every whole-time
                                 (5)   Every      teacher   holding-a    whole-time            (8) In order that no difficulty arises in the handing over of the charges
     teacher shall        appointment in the University shall normally be required       Steps for appointment   of the office of the Head of a Department of Studies to
 normally be required                                                                    of a new Head to be
 to serve as the Head     to Serve as the Head of the appropriate University              taken well ahead of    his successor, appropriate steps in this regard shall be
   of the Concerned                                                                               time
    Department of
                          Department of Studies when so required in accordance                                   taken well in advance of the date of expiry of the tenure
        Studies           with the provisions of this Chapter :                         of the outgoing incumbent.
       Provided that the Vice-Chancellor may, if he thinks fit, exempt a
                                                                                               St. 6 (U. D. S.) The Head.of a University Department of Studies, so
       teacher from accepting the office of the Head of the Department on
                                                                                         Duties and functions    appointed, shall in accordance with the provisions of
       receipt of an application from him in this behalf.·                                 of the Head of a
                                                                                         University Department   the Statutes under this Chapter act under the general
       (6) If the Head of a Department of Studies is on leave for a period                     of Studies
                                                                                                                 guidance and advice of the Committee for that
  Appointment of a
                          not exceeding 180 days at a stretch or absent from duty
      Head of the         for such period under the permission of the appropriate       University Department of Studies and shall—
  Department in case                                                                           (i)     convene the meetings of the Committee for that University
   of absence of the      authority, the next senior teacher of the Department
  original incumbent
                                                                                                       Department of Studies and maintain the records and
                          belonging to the appropriate cadre shall be appointed
                                                                                                       proceedings of such meetings;
Head of the Department for the period of such absence on leave or otherwise :
                                                                                               (ii)    implement the decisions of the said Committee for the
       Provided that if the former who thus enjoys leave.or is absent does                             University Department of Studies with the assistance, if
       not resume his duty on the expiry of the said period, he shall be                               necessary, of the other members of that Committee whose
                                                                                                       services he may draw upon in this regard ;
       deemed to have vacated the office of the Head of the Department and
                                                                                               (iii)   report to the said Committee for the University Department
       the latter who was appointed Head of the Department in his place
                                                                                                       of Studies the actions taken in implementing its decisions ;
       would continue as such automatically, and shall hold the said office
                                                                                               (iv)    supervise, in accordance with the principles as may be laid
       for two years including the period he served in place of the former                             down and the resolutions as may be adopted by the said
       Head of the Department :                                                                        Committee for the University Department of Studies, the day-
                                                                                                       to-day administration and other routine-matters of the
       Provided further that if the former resumes duty on the expiry of the                           department;
       period of 180 days or less, the period for which the latter served as                   (v)     act as the ex-officio Chairman of the appropriate Board of
       Head of the Department shall not count towards his two years’ tenure                            Post-graduate Studies and Board of Under-graduate Studies
       when appointed Head of the Department on his regular turn.                                      and discharge such other ex-officio functions as may-be
                                                                                                       assigned to him by the Act, the Statutes, the Ordinances or the
       (7) The Principle of rotation as embodied in the foregoing paragraphs                           Regulations ; and
  Principle of rotation    shall apply equally in the case of a vacancy in the office          (vi)    discharge, in addition to his normal functions, such other
  to apply in cases of
   resignation/death/      of the Head of a University Department of Studies                           duties, not inconsistent with the Act and the Statutes under this
       release etc. caused by the resignation or death or release from the                             Chapter, as may be· entrusted to him by the Executive Council,
                                                                                                       the appropriate Faculty Council for Post-graduate Studies or
services of the University of an incumbent or by the grant of leave in his
                                                                                                       the Vice-Chancellor.
favour for a period exceeding 180 days.
                                     [ 61 ]                                                                                   [ 62 ]
        St. 7 (U. D. S.) (1) Save as otherwise provided, in case a doubt or                  * St. 3 (O. U.) The following posts in the University are declared to
                     difficulty arises in connection with a matter related to
 Residuary powers of                                                                   Declaration of Posts     be the posts of Officers of the University under clause
 the Vice-Chancellor the interpretation or application of the Statutes under          as Posts of Officers of
                     this Chapter or in respect of a matter not expressly                 the University        (iv) of section 7 of the Act, namely—
provided for therein, the Vice-Chancellor may, give such interpretation or
direction not inconsistent with the Act and the said Statutes as he may                      (i)       Inspector of Colleges,
consider necessary and proper.                                                               (ii)      Controller of Examinations,
        (2) Notwithstanding anything contained in the Statutes under this                    (iii)     Administrative Officer/Development Officer,
Chapter, if in the opinion of the Vice-Chancellor, a particular Departmental                 (iv)      University Librarian,
Committee and/or the Head of the Department has failed to discharge the                      (v)       Deputy Registrar,
functions enumerated in the Statutes under this Chapter, the Vice-Chancellor,                (vi)      Deputy Inspector of Colleges,
with the approval of the Executive Council, shall have the power to appoint
                                                                                             (vii)     Deputy Controller of Examinations,
another teacher as Head of the Department in accordance with the provisions
of the said Statutes and in such an event, the Head of the Department existing               (viii)    Deputy Librarian,
at the material point of time shall be deemed to have vacated the office of                  (ix)      Placement & Students’ Welfare Officer,
the Head of the Department.                                                                  (x)       Audit & Accounts Officer,
                                                                                             (xi)      Secretary, Faculty Council for Post-graduate Studies,
                                                                                             (xii)     Secretary,Council for Under-graduate Studies,
                                                                                             (xiii)    University Engineer,
                                CHAPTER VI                                                   (xiv)     Medical Officer,
                                                                                             (xv)      Assistant Registrar,
            THE STATUTES RELATING    TO   OFFICERS   OF THE   UNIVERSITY                     (xvi)     Assistant Controller of Examinations,
                                                                                             (xvii)    Accounts Officer,
  Short title and            St. 1 (O. U.) (I) These Statutes may be called the              (xviii)   Estate Officer,
  Commencement        Statutes relating to Officers of the University.                       (xix)     Assistant Librarian,
        (2) They shall come into· force from such date as the State                          (xx)      Sports Officer,
Government may, under sub-section (5) of section 57 of the Act, appoint.                     (xxi)     Publications Officer,
                                                                                             (xxii)    Assistant Engineer,
        St. 2 (O. U.)    (1) In these Statutes, unless the context requires
                                                                                             (xxiii)   Junior Medical Officer,
  Interpretations   otherwise, words and expressions used shall be interpreted               (xxiv)    Trust Officer,
                    to have the same meaning as they have in the Act.                        (xxv)     Curator, and
        (2) The provisions of the Statutes, the Ordinances, the Regulations                  (xxvi)    Superintendent, University Press.
and the Rules of the University, in so far as they affect the matters provided
herein, if in conflict with the provisions of these Statutes, shall stand-
                                                                                  *          indicates the provisions of St. 3 (O. U.) amended. [Amendment
modified by the Statutes under this Chapter.                                                 assented by the Cancellor on 08.11.2003]
                               [ 63 ]                                                                       [ 64 ]
  St. 4 (O. U.) Save as otherwise provided in theAct, the Registrar shall       (x)    represent the University and sign papers in connection with all
Registrar    be under the direct control of the Vice-Chancellor and the                legal proceedings for or against the University, unless
             Executive Council and shall—                                              otherwise empowered by the Vice-Chancellor ;
 (i)     be the Secretary to such Authorities, Bodies or Committees             (xi) act as the Convener of the meetings of the Boards of Research
         of the University as may be specifically prescribed by the                    Studies and such other Bodies as may be determined from time
         Statutes or the Ordinances;                                                   to time;
 (ii)    be the Member-Secretary of any Committee constituted by the            (xii) maintain a list of duties, other than those provided for in this
         Court or the Executive Council, except as may be specifically                 Chapter, as may be assigned to any Officer of the University
         provided otherwise ;                                                          as enumerated in St. 3 (O.U.); and
 (iii)   maintain the minutes of the meetings of the Court, the                 (xiii) perform such other duties and functions as may be assigned to
         Executive Council and such other Authorities or Bodies of the                 him by the Vice-Chancellor and the Executive Council, from
         University as may be specifically prescribed by the Statutes or               time to time.
         the Ordinances ;                                                        St. 5 (O. U.) Save as otherwise provided in the Act, the Finance
 (iv)    be the custodian of general records and Common Seal of the          Finance Officer Officer shall be under the direct control of the Vice-
         University;                                                                         Chancellor and the Executive Council and shall—
 (v)     conduct official correspondence on behalf of the University            (i)    administer the funds, the finances, the properties and assets
         and of the Court, the Executive Council and such.other                        and all endowments and trusts of the University ;
         Authorities, Bodies or Committees as may be directed by the            (ii)   be responsible for all receipts and disbursements ;
         Vice-Chancellor, except as may be provided otherwise by the            (iii) ensure regular maintenance of Stock Registers and other
         Statutes or the Ordinances ;                                                  relevant records of the Finance Department ;
 (vi)    conduct elections to all Authorities or Bodies of the University       (iv) ensure annual physical verification of all the items of
         as may be prescribed by the Statutes or the Ordinances and                    equipments and apparatuses of the University entered into the
         shall act as the Returning Officer for conducting such elections,             Stock Registers;
         unless otherwise provided for in the relevant Statutes relating        (v)    prepare and present the annual Statement of Accounts, the
         to holding of such elections;                                                 Audit Report in respect of the Annual Statement of Accounts,
 (vii)   be responsible for maintenance of service records of the                      the Internal Audit Report and the Annual Budget to the Court;
         Officers, Teachers and other employees of all the departments                 and submit the Audit Report to the State Government in terms
         of the University ;                                                           of the provisions of the Act, the Statutes and the Ordinances;
 (viii) take necessary steps in respect of appointment to all categories        (vi) be responsible for the purchase of all articles including
        of posts of Offices, Teachers and Non-teaching Staff of the                    stationery, laboratory apparatuses and equipments, and other
                                                                                       machinery as may be required by the University subject to
        University and conduct all correspondence pertaining thereto
                                                                                       such orders as may be passed by the Vice-Chancellor ;
        on behalf of the University;
                                                                                (vii) maintain a list of duties, other than those provided for in this
 (ix)    take necessary.steps under the direction of the Vice-Chancellor
                                                                                       Chapter as may be assigned to every Officer under his direct
         and the Executive Council, for execution of plans for
                                                                                       control;
         development and improvement of higher education as may be
         recommended by the State Government or the University                  (viii) act as the Convener of the meetings of the Finance Committee
                                                                                       and Such other Bodies as may be determined from time to
         Grants Commission from time to time ;
                                                                                       time; and
                                     [ 65 ]                                                                              [ 66 ]
       (ix)      perform such other duties and functions as may be assigned to              St. 8 (O. U.) The Administrative Officer/Development Officer Shall
                 him by the Vice-Chancellor and the Executive Council, from              Administrative    be a whole-time Officer of the University and shall be
                 time to time.                                                        Officer/Development  appointed by the Executive Council on such terms and
                                                                                             Officer       conditions as may be decided by it. He shall be under the
        St. 6 (O. U.) The Inspector of Colleges shall be a whole-time Officer
                        of the University and shall be appointed by the                                    direct control of the Registrar and shall—
     Inspector of
       Colleges         Executive Council on such terms and conditions as may               (i)      look after the developmental needs of the University and move
                        be decided by it. He shall be under the direct control of                    the University Grants Commission and other Funding/Sponsoring
the Vice-Chancellor and shall—                                                                       Agencies for implementation of the plans, programmes and
                                                                                                     schemes as may be submitted by the University;
        (i)      ensure the implementation of the prescribed terms and
                 conditions of affiliation and dis-affiliation of colleges ;                (ii)     assist the Registrar in the matter of preparation and execution
                                                                                                     of different developmental schemes of the University;
        (ii)     examine and submit reports in respect of recognition and
                 withdrawal of recognition from colleges, as Constituent or                 (iii) assist the Registrar in preparing plans and estimates of
                 Professional colleges;                                                              buildings and the like and to render such assistance as may be
                                                                                                     required by him for undertaking such projects ;
        (iii) report on colleges and other institutions as have applied for
                                                                                            (iv) assist the Finance Officer in dealing with matters relating to
                 affiliation or recognition ;
                                                                                                     financial assistance from the University Grants Commission;
        (iv) inspect colleges and other recognised institutions, prepare
                                                                                            (v)      assist the Registrar in the matter of holding Conferences,
                 reports and maintain records in relation thereto ;
                                                                                                     Symposia and the like;
        (v)      maintain a list of duties, other than those provided for in ·this          (vi) prepare statistical reports concerning development proposals,
                 Chapter, as may be assigned to every Officer under his direct                       undertake evaluation of plans, programmes and technical
                 control; and                                                                        reports for consideration by the Vice-Chancellor and the
        (vi) perform such other duties and functions as the Vicc-Chancellor                          appropriate authorities of the University ; and
                 may require him to do.                                                     (vii) perform such other duties and functions as the Vice-Chancellor
        St. 7 (O. U.) The Controller of Examinations shall be a whole-time                           may require him to do.
    Controller of       Officer of the University and shall be appointed by the             St. 9 (O.U.) The University Librarian shall be a whole-time Officer
    Examinations        Executive Council on such terms and conditions as may             University        of the University and shall be appointed by the
be decided by it. He shall be under the direct control of the Vice-Chancellor             Librarian         Executive Council on such terms and conditions as may
and shall—                                                                           be decided by it. He shall be under the direct control of the Vice-Chancellor
        (i)      be in-charge of the Examination Department of the University;       and shall—
        (ii)     be responsible for all administrative arrangements in                      (i)      be in-charge of the University Libraries;
                 connection with the conduct of examinations and the                        (ii)     be responsible, subject to the advice and counsel of the Library
                 publication of results thereof;                                                     Committee, for the selection, re quisition and cataloguing of
                                                                                                     books, manuscripts and other publications;
        (iii) maintain a list of duties other than those provided for in this
                 Chapter, as may be assigned to every Officer under his direct              (iii) be responsible for developing the procedure to ensure the
                 control;                                                                            effective use of Library facilities and materials ;
                                                                                            (iv) act as the Convener of the meetings of the Library Committee
        (iv) act as the Convener of meetings of such Committees and
                                                                                                     and such other Bodies as may be determined from time to
                 Boards as may be determined from time to time; and
                                                                                                     time; and
        (v)      perform such other duties and functions as the Vice-Chancellor             (v)      perform such other duties and functions as the Library
                 may require him to do.                                                              Committee and the Vice-Chancellor may require him to do.
                                    [ 67 ]                                                                              [ 68 ]
        St. 10 (O. U) The Deputy Registrar shall be a whole-time Officer of               St. l6 (O.U.) The Secretary of a Faculty Council for Post-graduate Studies
   Deputy Registrar
                      the University and shall be appointed by the Executive       Secretary of a Faculty shall be a whole-time Officer of the University and shall be
                      Council on such terms and conditions as may be decided         Council for Post- appointed by the Executive Council on such terms and
by it. He shall be under the direct control of the Registrar and shall perform       graduate Studies.    conditions as may be decided by it. He shall be under the
such duties and functions as may be assigned to him by the Registrar, from                                direct control of the Vice-Chancellor and shall—
time to time.                                                                             (i)      be responsible for the management of all academic activities
        St. 11 (O. U.) The Deputy Inspector of Colleges shall be a whole-                          including teaching, research and conduct of examinations of
  Deputy Inspector     time Officer of the University and shall be appointed by                    the University Departments of Studies;
     of Colleges       the Executive Council on such terms and conditions as              (ii)     deal with matters relating to purchase of laboratory equipments
may be decided by it. He shall be under the direct control of the Inspector                        and fittings and the like of the University Departments of
of Colleges and shall perform such duties and functions as may be assigned                         Studies;
to him by the Inspector of Colleges, from time to time.                                   (iii) act as the convener of the meetings of the Boards of Post-
        St. 12 (O. U.) The Deputy Controller of Examinations shall be a whole-                     graduate Studies and other Bodies or Committees as may be
 Deputy controller of time Officer of the University and shall be appointed by                     determined from time to time; and
    Examinations       the Executive Council on such terms and conditions as              (iv) perform such other duties and functions as the Vice-Chancellor
may be decided by it. He shall be under the direct control of the Controller of                    may require him to do.
Examinations and shall perform such duties and functions as may be assigned
to him by the Controller of Examinations, from time to time.                              St. l7 (O.U.) The Secretary of a Council for Under-graduate Studies
                                                                                   Secretary of a Council shall be a whole-time Officer of the University and shall
        St. 13 (O. U.) The Deputy Librarian shall be a whole-time Officer of        for Under-graduate be appointed by the Executive Council on such terms and
  Deputy Liibrarian    the University and shall be appointed by the Executive              Studies        conditions as may be decided by it. He shall be under the
                       Council on such terms and conditions as may be decided                             direct control of the Vice-Chancellor and shall—
by it. He shall be under the direct control of the University Librarian and
                                                                                          (i)      ensure efficient management of Under-graduate Studies and
shall perform duties and functions as may be assigned to him by the
                                                                                                   draw up specific schemes in this behalf in consultation with the
University Librarian, from time to time.
                                                                                                   Inspector of Colleges and the Administrative Officer/
        St. l4 (O.U.) The Placement and Students’ Welfare Officer shall be                         Development Officer;
      Placement &       a whole-time Officer of the University and shall be
    Students' Welfare appointed by the Executive Council on such terms and
                                                                                          (ii)     act as the convener of the meetings of the Boards of Under-
         Officer                                                                                   gradaute Studies and such other Bodies as may be determined
                        conditions as may be decided by it. He shall be under
                                                                                                   from time to time; and
the direct control of the Registrar and shall remain in-charge of the
University Employment, Information and Guidance Bureau ; and shall assist                 (iii) perform such other duties and functions as the Vice-Chancellor
the Registrar in preparing plans and in the matter of implementation of                            may require him to do.
programmes relating to welfare activities of the students. He shall also                  St. l8 (O.U.) The University Engineer shall be a whole-time Officer
perform such other duties and functions as may be assigned to him by the                                of the University and shall be appointed by the Executive
                                                                                   University Engineer
Registrar, from time to time.                                                                           Council on such terms and conditions as may be decided
        St. l5 (O.U.) The Audit and Accounts Officer shall be a whole-time        by it. He shall be under the direct control of the Finance Officer and shall—
Officer of the University and shall be appointed by the Executive Council on              (i)      be responsible for the construction, repair and maintenance of
  Audit & Accounts     such terms and conditions as may be decided by it. He                       the buildings, preparation of estimates, drawings, verification
       Officer         shall be under the direct control of the Finance Officer                    of all bills for labour and contracts;
and shall ensure continuous internal audit of the University accounts and                 (ii)     ensure the proper maintenance of the measurement books, log
shall perform such other duties and functions as may be assigned to him by                         books and other records of the department; and
the Finance Officer, from time to time.
                                     [ 69 ]                                                                              [ 70 ]
       (iii)     perform such other duties and functions as the Vice-Chancellor            (i)       assist the Registrar and the Finance Officer in their respective
                 may require him to do.                                                              spheres of duties in the management of the University
         St. l9 (O.U.) The Medical Officer shall be a whole-time Officer of the                      properties including the University Guest House, the Calcutta
                     University and shall be appointed by the Executive                              Camp Office of the University and the University vehicles;
  Medical Officer
                     Council on such terms and conditions as may be decided                 (ii)     ensure security of the University campuses; and
by it. He shall be under the direct control of the Registrar and shall—                     (iii) perform such other duties and functions as the Vice-Chancellor
         (i)     give medical advice and aid to the members of the University                        may require him to do.
                 Health Centre;                                                             St. 24 (O.U.) The Assistant Librarian shall be a whole-time Officer of
         (ii)    ensure the proper maintenance and up keep of the instruments                              the Univeristy and shall be appointed by the Executive
                                                                                      Assistant librarian
                 and apparatuses of the University Health Centre.                                          Council on such terms and conditions as may be decided
         (iii) be responsible for the overall working of the University Health      by it. He shall be under the direct control of the Librarian and shall assist
                 Centre; and                                                        him and the Deputy Librarian in the performance of their functions and shall
                                                                                    perform such other duties and functions as may be assigned to him by the
         (iv) perform such other duties and functions as the Vice-Chancellor        Librarian.
                 may require him to do.
                                                                                            St. 25 (O.U.) The Sports Officer shall be a whole-time Officer of the
         St. 20 (O.U.) The Assistant Registrar shall be a whole-time Officer of                           University and shall be appointed by the Executive
                     the University and shall be appointed by the Executive            Sports Officer
 Assistant Registrar                                                                                      Council on such terms and conditions as may be decided
                     Council on such terms and conditions as may be decided         by it. He shall be under the direct control of the Registrar and shall—
by it. He shall be under the direct control of the Registrar and shall assist him
and the Deputy Registrar in the performance of their functions and shall                    (i)      initiate plans and programmes for raising the standards of
perform such other duties and functions as may be assigned to him by the                             Sports and Games in the University;
Registrar.                                                                                  (ii)     ensure the proper maintenance of University play grounds,
                                                                                                     stadium, gymnasium and the like; and
         St. 21 (O.U.) The Assistant Controller of Examinations shall be a
 Assistant Controller whole-time Officer of the University and shall be                     (iii) perform such other duties and functions as the Sports Board
   of Examinations     appointed by the Executive Council on such terms and                          and the Registrar may require him to do.
conditions as may be decided by it. He shall be under the direct control of                 St. 26 (O.U.) The Publications Officer shall be a whole-time Officer
the controller of Exainations and shall assist him and the Deputy Controller         Publications Officer
                                                                                                             of the University and shall be appointed by the
of Exainations in the performance of their functions and shall perform such                                  Executive Council on such terms and conditions as may
other duties and functions as may be assigned to him by the Controller of           be decided by it. He shall be under the direct control of the Registrar and
Examinations.                                                                       shall—
         St. 22 (O.U.) The Accounts Officer shall be a whole-time Officer of                (i)      be responsible, subject to the decisions of the Publications
  Accounts Officer
                     the University and shall be appointed by the Executive                          Committee, for publication of books, journals and other
                     Council on such terms and conditions as may be decided                          literature and the like by the University;
by it. He shall be under the direct control of the Finance Officer and shall                (ii)     promote sales of the University publications;
assist him and the Audit and Accounts Officer in the performance of their
                                                                                            (iii) arrange for participation in different Book Fairs, from time to
functions and shall perform such other duties and functions as may be
                                                                                                     time, as may be considered necessary;
assigned to him by the Finance Officer.
                                                                                            (iv) ensure proper management, maintenance and effective use of
         St. 23 (O.U.) The Estate Officer shall be a whole time Officer of the                       the University Sales Counter; and
    Estate Officer
                     University and shall be appointed by the Executive
                     Council on such terms and conditions as may be decided                 (v)      perform such other duties and functions as the Vice-Chancellor
by it. He shall be under the direct control of the Registrar and shall—                              may require him to do.
                                     [ 71 ]                                                                              [ 72 ]
        St. 27 (O.U.) The Assistant Engineer shall be a whole-time officer of              (iv)        effect purchase of museum objects as may be determined from
  Assistant Engineer
                       the University and shall be appointed by the Executive                          time to time by the Executive Council, through a Committee as
                       Council on such terms and conditions as may be decided                          may be constituted by it in this behalf;
by it. He shall be under the direct control of the University engineer and                   (v)       arrange for the cataloguing of the museum objects; and
shall perform such duties and functions as may be assigned to him by the
                                                                                             (vi) perform such other duties and functions as the Vice-Chancellor
University Engineer.
                                                                                                       may require him to do.
        St. 28 (O.U.) The Junior Medical Officer shall be a whole-time
                                                                                             St. 31 (O.U.) The Superintendent, University Press shall be a whole-
                        Officer of the University and shall be appointed by the
   Junior Medical                                                                                             time Officer of the University and shall be appointed by
                        Executive Council on such terms and conditions as may           Superintendent,
       Officer
                                                                                        University Press      the Executive Council on such terms and conditions as
                        be decided by it. He shall be under the direct control of
                                                                                                              may be decided by it. He shall be under the direct
the medical Officer and shall perform such duties and functions as may be
                                                                                    control of the Registrar and shall—
assigned to him by the Medical Officer.
                                                                                             (i)       be responsible for the proper operation and maintenance of the
        St. 29 (O.U.) The Trust Officer shall be a whole-time Officer of the
                                                                                                       Printing Press in all its aspects; and
                     University and shall be appointed by the Executive
    Trust Officer                                                                            (ii)      perform such other duties and functions as the Vice-Chancellor
                     Council on such terms and conditions as may be decided
by it. He shall be under the direct control of the Finance Officer and shall—                          may require him to do.
        (i)      assist the Finance Officer in the management of affairs relating            St. 32 (O.U.) Except as specifically prescribed by the Act and the
                 to Trust and Endowments;                                                                    Statutes, no member of the Court, the Executive Council,
                                                                                    Members of the Court
        (ii)     ensure observance of the terms and conditions of the               etc. not to be Officers the Faculty Councils for Post-graduate Studies, the
                                                                                       of the University     Councils for Under-graduate Studies, the Boards of
                 acceptance of such Trust and Endowents; and
                                                                                                             Studies, the Finance Committee and such Authorities of
        (iii) perform such other duties and functions as may be assigned to         the University as may be established under clause (7) of section 16 of the Act,
                 him by the Finance Officer.                                        shall be an officer of the University and in case any such member is appointed
        St. 30 (O.U.) The Curator shall be a whole time Officer of the              as an officer, he shall be deemed to have vacated his office as such member
                     University and shall be appointed by the Executive             of the concerned Authority from the date on which he is so appointed.
       Curator
                     Council on such terms and conditions as may be decided                  St. 33 (O.U.) The qualifications of the Officers of the University shall
by it. He shall be under the direct control of the Registrar and shall—                Qualifications of      be as specified in the Schedule appended to this Chapter
        (i)      be responsible for the proper maintenance and development of               Officers          and as may be prescribed and amended from time to
                 Museum & Art Gallery;                                              time by the University.
        (ii)     be responsible for the proper maintenance of the Stock                      St. 34 (O.U.) Save as otherwise provided elsewhere in the Act,
                 Register which shall contain entries of all materials in                                     appointments to all posts of Officers of the University
                                                                                         Appointments—
                 possession of the Museum & Art Gallery and in getting the            procedure and method shall be made on the recommendation of the standing
                 entries duly authenticated by such person or persons as may be          to be prescribed     Committee or Committees as may be constituted by the
                 authorised in this behalf by the Executive Council;                                          Executive Council and in accordance with such
        (iii) maintain,under advice of the Head of the Department of                procedure and methods as may be prescribed by it under the provisions of
                 History of the University, the Library attached to the Museum      section 33 of the Act.
                 & Art Gallery in an effective way so that the students and the              St. 35 (O.U.) Save as otherwise provided in the Act, in case a
                 Research Scholars and others connected with the studies of                Officiating        vancancy occurs in the post of any Officer of the
                 ancient History and Culture can be benefited in their pursuit of        Appointment          University by reason of leave, illness, removal,
                 knowledge in the concerned field of studies;                       resignation or otherwise, the Executive Council shall have the power to make
                                     [ 73 ]                                                                               [ 74 ]
an officiating appointment in such vancancy pending a permanent                           St. 41 (O.U.) No whole-time salaried Officer of the University shall
appointment, if necessary.                                                                Extraneous    accept any employment with or without remuneration
        St. 36 (O.U.) Unless the terms of contract in any particular case                Employment     other than that of his office.
                      provide otherwise, an Officer of the University shall be      Explanation : If any question arises whether any arrangement entered into by
         Leave
                      entitled to such leave as may be admissible to him under            an Officer amounts to an employment within the meaning of this
the University Leave Rules.                                                               Statute, the matter shall be decided by the Executive Council.
        St. 37 (O.U.) The Executive Council shall be competent to suspend,                   St. 42 (O.U.) If on account of any lacunae or omission in the
                      discharge or otherwise punish an Officer of the University                         provisions of any of the Statutes under this Chapter, or
      Discipline
                      for gross misconduct or for the violation of the provisions           Residuary    for an other reason whatsoever, any difficulty arises in
of the Act, the Statutes, the Ordinances, the Regulations and the Rules of the            Powers of the
                                                                                         Vice-Chancellor giving effect to the provisions of this Chapter, the Vice-
University or the terms of his appointment or any other indiscipline as may                              Chancellor, subject to the approval of the Executive
call for such action; and shall prescribe by the Statutes and the Ordinances        Council, may, in the interest of the University take such action as he deems
relevant disciplinary rules for the purpose.                                        fit.
        St. 38 (O.U.) Every Officer of the University shall be entitled to pay
       Pay and         and alloweances conforming to the time-scale of pay and
                                                                                                                      THE SCHEDULE
     allowances        rates of allowances as prescribed or as may be
                       determined by the Executive Council from time to time
in terms of the relevant orders of the State Government on the subject.                                            [See St. 33 (O. U.)]
        St. 39 (O.U.) Subject to the provisions of the Act and the terms of
                     contract of service in any particular case and the orders as                      Qualifications of Officers of the University
     Retirement
                     may be issued by the State Government from time to time,
every Officer of the University shall retire from services from the afternoon              Name of Post(s)                     Qualifications Required
of the last day of the month in which he completes the 60th year of age.            1.   Registrar/             (a) Essential :
        St. 40 (O.U.) The Registrar shall maintain and keep an up-to-date age            Inspector of Colleges/     (i) Uniformly good academic record
    Age Register     Register for all the Officers of the University in which he
                                                                                         Controller of Examinations       with a B+ Master's Degree or its
                     shall enter—
                                                                                                                          equivalent.
        (a)      the name and designation of every Officer of the University;
                                                                                                                    (ii) At least 15 years's experience in
        (b)      the date of his birth;                                                                                   Academic Institutions like University
        (c)      the date of his appointment as such Officer;                                                             or in an Institute of higher learning of
        (d)      his age on the date of such appointment;                                                                 which 5 years must be in high level
        (e)      the date on which he is due to retire; and                                                               administration in a University or in
                                                                                                                          an Institute of Post-graduate Study.
        (f)      remarks; if any.
                                                                                                                    (iii) Age not less than 40 years. Relaxable
Explanation : Entries relating to the age of an Officer of the Unviersity shall
                                                                                                                          in the case of exceptionally qualified
        be made on the basis of his age as recorded in his Martriculation,
                                                                                                                          candidates.
        School Final, Higher Secondary, Madhyamik Examination Certificate
        or the Certificate of any such First Public Examination, as the case may                                (b) Desirable :
        be, passed by him, whenever available; or, in the absence thereof, on                                       (i) A Doctorate Degree or published
        such basis as the Vice-Chancellor may be decide in each particular                                                research work of merit;
        case.
                                 [ 75 ]                                                                             [ 76 ]
        An outstanding scholar with established reputation who has made                    Provided that if the Selection Committee is of the view that the
significant contribution to knowledge.                                              research work of a candidate as evident either from his thesis or from his
                                                                                    published work is of very high standard, it may relax any of qualifications
READER                                                                              prescribed in (b) above:
        Good academic record with a doctoral degree or equivalent published                Provided further that if a candidate possessing a Doctor’s degree or
work. Evidence of being actively engaged in (i) research or (ii) innovation         equivalent research work is not available or is not considered suitable, a
in teaching methods or (iii) production of teaching materials.                      person possessing a good academic record, (weightage being given to M.
        At least five years’ experience of teaching and/or research provided        Phil. or equivalent degree or research work of quality) may be appointed
that at least three of these years were as Lecturer or in an equivalent position.   provided he has done research work for at ‘least two years or has practical
                                                                                    experience in research laboratory/organisation on the condition that he will
        This condition may be relaxed in the case of candidates with
                                                                                    have to obtain a doctor’s degree or give evidence of research of high standard
outstanding record of Teaching/Research.
                                                                                    within eight years of his appointment, failing which he will not be able to
Explanation :                                                                       earn future increment until he fulfils these requirements.
      For determining “good academic record” the following criteria shall           Explanation :
be adopted :
                                                                                           1. For determining “good academic record” the following criteria shall
      (i)    A candidate holding a Ph. D. degree should possess at least a          be adopted :
             second class Master’s degree; or
                                                                                           (i)    A candidate holding a Ph. D. degree should possess at least a
      (ii)   A candidate without a Ph. D. degree should possess a high                            second class Master’s degree; or
             second class Master’s degree and second class in the
                                                                                           (ii)   A candidate without a Ph. D. degree should possess a high
             Bachelor’s degree; or
                                                                                                  second class Master’s degree and second class in the
      (iii) A candidate not possessing Ph.D. degree but possessing second                         Bachelor’s degree; or
             class Master’s degree should have obtained first class in the
                                                                                           (iii) A candidate not possessing Ph.D. degree but possessing
             Bachelor’s degree.
                                                                                                  second class Master's degree should have obtained first class
                                                                                                  in the Bachelor’s degree.
                                SCHEDULE II                                                2. Persons having secured marks more than the mid-point of the
      Minimum Qualifications prescribed for appointment to the                      prescribed minimum marks for passing an examination in the second division
                         post of Lecturers                                          and the prescribed minimum marks for passing an examination in the first
                                                                                    division by a University shall be deemed to have passed that examinaion in
LECTURER                                                                            the high second class.
      (a)   A Doctor’s degree or research work of an equally high
                                                                                                              SCHEDULE III
            standard; and
                                                                                          Minimum qualifications prescribed for appointment to the
      (b)   Good academic record with at least second class (C in the
                                                                                                      posts of Lecturers in English
            seven point scale) Master’s degree in a relevant subject from
            an Indian University or an equivalent degree from a foreign             LECTURER
            University.                                                                    (a)    A Doctor’s degree or research work of an equally high
      Having regard to the need for developing inter-disciplinary                   standard;
programmes, the degrees in (a) and (b) above may be in relevant subjects :                 and
                                   [ 89 ]                                                                          [ 90 ]
       (b) Good academic record with at least second class (C) in the seven                                   SCHEDULE IV
point scale) Master’s degree in a relevant subject from an Indian University
or an equivalent degree from a foreign University.                               Minimum qualifications prescribed for appointment to the posts of
                                                                                                 Lecturers in Foreign Language
      Having regard to the need for developing inter disciplinary
programmes, the degrees in (a) and (b) above may be in relevant subjects :      LECTURER
       Provided that if the Selection Committee is of the view that the               (a) A Doctor’s degree or research work of an equally high standard;
research work of a candidate as evident either from his thesis or from his      and
published work is of a very high standard, it may relax any of qualifications          (b) Good academic record with at least second class (C in the seven
prescribed in (b) above :                                                       point scale) Master’s degree from an Indian University or an equivalent
       Provided further that if a candidate possessing a doctor's degree or     degree from a foreign University,
equivalent research work is not available or is not considered suitable, a            Having regard to the, need for developing inter-disciplinary
person possessing a good academic record (weightage being given to M.           programmes, the degrees in (a) and (b) above may be in relevant subjects :
Phil. or equivalent degree or research work of quality) may be appointed               Provided that if the Selection Committee is of the view that the
provided he has done research work for at least two years on the condition      research work of a candidate as evident either from his thesis or from his
that he will have to obtain a Doctor’s degree or give evidence of research      published work is of very high standard, it may relax any of qualifications
work of equivalent high standard within eight years of his appointment,         prescribed in (b) above :
failing which he will not be able to earn future increments until he fulfils           Provided further that if a candidate possessing a Doctor’s degree or
these requirements.                                                             equivalent research work is not available or is not considered suitable a
                                                                                person possessing a good academic record may be appointed provided he
Explanation :
                                                                                has done one year post M. A. diploma course in the teaching of foreign
      1. For determining “good academic record” the following criteria shall    language concerned from a University on the condition that he will have to
be adopted :                                                                    obtain a Doctor’s degree or give evidence of research work of equivalent
      (i)     A candidate holding a Ph. D. degree should possess at least a     high standard within eight years of his appointment failing which he will not
              second class· Master’s degree; or                                 be able to earn future increments until he fulfils these reqirements.
      (ii)    A candidate without a Ph. D. degree should possess a high         Explanation :
              second class Master’s degree and second class in the                    1. For determining “good academic record” the following criteria shall
              Bachelor’s degree; or                                             be adopted :
      (iii)   A candidate not possessing Ph. D. degree but possessing                 (i)     A candidate holding a Ph. D. degree should possess at least
              second class Master’s degree should have obtained first class                   a second class Master’s degree ; or
              in the Bachelor’s degree.                                               (ii)    A candidate without a Ph. D. degree should possess a high
       2. Persons having secured marks more than the mid-point of the                         second class Master’s degree and second class in the
prescribed minimum marks for passing an examination in the second division                    Bachelor’s degree; or
and the prescribed minimum marks for passing an examination in the first
                                                                                      (iii)   A candidate not possessing Ph. D degree but possessing
division by a University shall be deemed to have passed that examination in
                                                                                              second class Master’s degree should have obtained first class
the high secord class.
                                                                                              in the Bachelor’s degree.
                                   [ 91 ]                                                                               [ 92 ]
       2. Persons having secured marks more than the mid point of the                   (iii)      A candidate not possessing Ph.D. degree but possessing
prescribed minimum marks for passing an examination in the second division                         second class Master’s degree should have obtained first class
and the prescribed minimum marks for passing an examination in the first                           in the Bachelor’s degree.
division by a University shall be deemed to have passed that examination in
the high secord class.
                                                                                                                   CHAPTER VIII
                              SCHEDULE V
       Minimum qualifications for appointment to the posts of                             THE STATUTES      RELATING TO   CONTRIBUTORY PROVIDENT FUND
               Lecturers in Management Studies
                                                                                  Short title and          St. 1 (P.F.) (1) These Statutes may be called the
LECTURER                                                                                            Statutes relating to Contributory Provident Fund.
                                                                                  Commencement
       A Master's degree in Business Administration or M. Tech. in                     (2) They shall come into force from such date as the State
Engineering with first class with the provision that the incumbent would        Government may, under sub-section (5) of section 57 of the Act, appoint.
acquire a doctorate degree within a period of eight years.                             St. 2 (P. F.) (1) In these Statutes, unless the context otherwise
        In the case of allied subjects like Industrial Psychology, Personnel     Interpretation and requires—
Management, Business Statistics, Cost Accountancy, where Lecturers are                definition
required to be recruited with qualifications other than M. B. A. or M. Tech.,   (a)     words and expressions used shall be interpreted to have the same
the minimum qualifications shall be the same as prescribed under Schedule               meaning as they have in the Act or the Provident Funds Act, 1925,
I for the Faculties of Arts, Social Sciences including Commerce and Science.            (19 of 1925) ;
                                                                                (b)     (i)        “Accumulated amount” means the amount standing to the
                              SCHEDULE VI                                                          credit of a subscriber in his account in the Fund and includes
                                                                                                   all contributions and interest accrued to such account;
       Minimum qualifications for appointment to the posts of
                      Lecturers in ‘in’ Law                                             (ii)       “Employee” means any whole-time officer (including the Vice-
                                                                                                   Chancellor), teacher or other person who is appointed by the
LECTURER                                                                                           University and is paid from the University Fund ;
      LL. M. degree with good academic record.
                                                                                        (iii)      “Family” means and includes the following relatives of a
      Note : This qualification may not be insisted upon where a University                        subscriber :
             appoints practising advocate as part-time lecturer.
                                                                                                   (1) wife, (2) husband, (3) parent, (4) child, (5) minor brother,
      Explanation :
                                                                                                   (6) unmarried sister, (7) widowed sister, (8) a deceased son’s
      1. For determining “good academic record” the following criteria shall                       widow, (9) a grand child and (10) if the subscriber’s father is
be adopted :                                                                                       not alive, a parental grand parent;
      (i)    A candidate holding a Ph. D. degree should possess at least a
             second class Master's degree; or                                           (iv)       “Form” means a form prescribed by, and included in the
                                                                                                    Appendix to this Chapter;
      (ii)   A candidate without a Ph. D. degree should possess a high
             second class Master's degree and second class in the Bachelor's            (v)        “Fund” means the Contributory Provident Fund constituted
             degree; or                                                                            under St. 3 (P.F.);
                                    [ 93 ]                                                                             [ 94 ]
       (vi)    “Leave” means any leave granted under the University Leave                 St. 5 (P.F.) Subject to the control of the University, the administration
               Rules except casual leave;                                                               and management of the Fund shall vest in the Executive
                                                                                     Administration and
       (vii)    “Subscriber” means an employee who is required or entitled to        Management of the Council which may, from time to time, make such Rules
                                                                                           Fund         or issue such general or special directions as may be
                subscribe to the Fund ;
        (viii) “Subscription” means the amount which a subscriber is·              consistent with the provisions of this Chapter for the proper administration
                required or allowed to pay to the Fund; and                        and management of the Fund or for defining the duties and the privileges of
        (ix) “Year” means a period of twelve months beginning on ·the              the subscribers. The Executive Council may, at its discretion, vary or cancel
                first day of April.                                                any such Rule or direction at any time.
        (2) The provisions of the Statutes, the Ordinances, the Regulations              St. 6 (P.F.) (1) The Executive Council shall constitute a Provident
and the Rules of the University, in so far as they affect the matters provided       Provident Fund    Fund Trustee Committee consisting of the following
herein, if in conflict with the provisions of these Statutes, shall stand           Trustee Committee  members to advise it in regard to all matters relating to
modified by the Statutes under this Chapter.                                       the administration of the Fund:
                               St. 3 (P.F.) The University shall constitute a             (i)     the Vice-Chancellor, who shall be the Chairman of the
    Constitution of
                        Contributory Provident Fund for the benefit of its                        Committee,
 Contributory Provident
          Fund          employees.
                                                                                          (ii)    the Finance Officer, who shall be the Convener—Secretary,
                               St. 4 (P.F.) (1) Every employee of the University
 Right to subcribe to shall have a right to subscribe to the Fund in accordance           (iii)   the Registrar,
      the Fund          with the Statutes; under this Chapter :                           (iv)    three other members representing the interest of the officers,
       Provided that unless there is a specific provision to the contrary                         the teachers and other employees of the University appointed
       contained in the terms of the contract of his service, no employee                         by the Executive Council, and
       shall have a right to subscribe to the Fund if he has been appointed               (v)     one nominee of the Executive Council.
       to the post he holds for a term not exceeding one year and was not                  (2) The members referred to in item (iv) of paragraph (1) shall hold
       a subscriber before such appointment:                                       office for a term of three years from the date of appointment :
       Provided further that a person appointed on probation may subscribe                 Provided that they may be re-appointed by the Executive Council for
       to the Contributory Provident Fund from the date of his appointment                 further terms.
       and that on confirmation the University shall add its contribution with             St. 7 (P.F.) (1) Every subscriber shall sign a written declaration in
       retrospective effect.                                                            Declaration and   Form No· 1 (P.F.) to the effect that he has read the
       (2) If an employee was originally appointed for a term of one year or            nomination by     relevant Statutes and the Rules made thereunder and
                                                                                          subscribers     agrees to bind himself and his nominees, heirs and
less and such term was subsequently extended so that his total term exceeds
                                                                                   representatives to abide by the provisions thereof. He shall also complete
one year, he shall be given the option of·subscribing to the Fund from the
                                                                                   and file with the Finance Officer his nomination in Form No 2 (P.F.) or 2A
date of his original appointment and of paying the arrear subscription, due        (P.F.), as may be appropriate in each case, after entering therein the name or
on the date of his becoming a subscriber in such monthly instalments, not          names of the person or persons to whom in the event of his death he wishes
exceeding twelve, or as the Finance Officer may decide. In such a case the         the accumulated amount in respect of his account in the Fund to be paid.
University shall pay its arrear contribution in respect of such employee in        Every such nomination shall be signed by the subscriber in the presence of
similar monthly instalments.                                                       two witnesses who shall certify that the subscriber has signed in their
       (3) Every employee who has a right to subscribe to the Fund under           presence.
this Statute shall be required to subscribe thereto.
                                      [ 95 ]                                                                                [ 96 ]
        (2) No subscription shall be realised, nor shall any contribution be                 (4) If a subscriber is on leave without pay; no subscription or
paid, until the requirements of paragraph (1) have been complied with by the          contribution shall be payable for the period of such leave.
subscriber.                                                                                  (5) The amount of subscription or contribution to be paid in any one
                                St. 8 (P.F.) A subscriber may at any time cancel,     instalment shall be rounded off to the nearest rupee.
       Revision or      revise or modify his nomination by a fresh nomination
    modification of
       nomination       in Form No 2 (P.F.) or 2A (P.F.), as the case may be,         Explanation :
                        filed in the manner prescribed in St. 7 (P. F.)                    For the purpose of this Statute, the pay of a subscriber shall be
        St. 9 (P.F.) A subscriber shall, in his nomination, provide for the           deemed to exclude any compensatory allowance which may be drawn by
     Nomination to       disposal of the whole of the accumulated amount in his       him.
  specify share of each account at the time of his death and shall separately
         nominee                                                                             (6) The University shall on the death, retirement or resignation of an
                         specify the share thereof to be paid to each nominee.
                                                                                            Additional     employee who has rendered continuous approved
        St. 10 (P.F.) (1) No subscriber shall assign in his nomination any share        contribution to theservice for not less than 15 years make an additional
  Nomination when      of the accumulated amount in favour of a person who is           Provident Fund as
                                                                                              Gratuity     contribution of a sum calculated at the rate of half a
         void          not a member of the subscriber’s family if the subscriber·
has any member of his family alive on the date of such nomination.                                         month’s salary for each completed year of service
                                                                                      rendered by Such employee as gratuity subject to a maximum of 15 months’
        (2) If, at the time of the death of a subscriber, any member of his
                                                                                      salary or Rs. 9600/- (Rupees nine thousand six hundred) only, whichever is
family be surviving, any nomination assigning a part or the whole of the
accumulated amount in his account to any person who is not a member of                less on the amount as may be decided by the University from time to time
his family shall be void to that extent.                                              with the approval of the State Government. This amount shall be calculated
                                                                                      on the salary drawn by the employee at the time of death, retirement or
     Register of               St. 11 (P.F.) All nominations and a Register of
                       Nominations     shall be kept in safe custody of the Finance   resignation and shall be credited forthwith to his Provident Fund Account
     Nomination
                       Officer.                                                       as additional contribution of the University after it has been sanctioned by
                                                                                      the Vice-Chancellor or the Executive Council
        St. 12 (P.F.) (1) Every subscriber shall subscribe to the Fund a sum
       Amount of        equal to 8 13 per cent of all pay drawn by him from the            (7) There shall be a Gratuity Fund in terms of clause (6) of this
    subscription or     University Fund. Such subscription shall be deducted                Gratuity     Statute, as distinct from the Provident Fund, built up by
      contribution                                                                           Fund        annual contributions from the general revenue, and all
                        from his pay when he draws the same and credited to his
account in the Fund.                                                                  payments will be charged to this fund.
        (2) A subscriber may be allowed to subscribe to the Fund at a rate            Note : (i)       For the purpose of this Statute the term “salary” shall be held
higher than 8 13 per cent if he wishes to do so:                                                       to mean monthly salary and regular monthly allowances by
       Provided that any such higher rate shall not be allowed to be varied                            way of remuneration for service (e.g. Dearness Allowance),
       until he has paid subscription at such higher rate for consecutive three                        including leave allowances but not travelling and house rent
       months at least.                                                                                allowances, Medical Allowance or Casual payments for special
       (3) The University shall contribute to the credit of the account of each                        work.
subscriber a sum of equal to 8 13 per cent of all pay drawn by him from the                  (ii)      Any authorised leave or absence whether with or without pay
University Fund. Such contribution shall be made at the time when the                                  or allowances or an authorised overstayal for sufficient reasons
subscription payable by the subscriber is deducted from his pay. The amount                            of any leave, shall not constitute an interruption of continuous
of contribution shall not be affected by any option made by the subscriber                             service.
under paragraph (2).
                                      [ 97 ]                                                                             [ 98 ]
        St. 13 (P.F.) (1) All amounts accruing to·the Provident Fund shall be                 St. 16 (P.F.) (1) The Finance Officer shall maintain a Personal Ledger
                      paid into a Savings Bank Account opened for the                    Personal Ledger    Account in Form No. 3 (P.F.) in respect of each
      Investment
           of         purpose with the State Bank of India, Burdwan                          Account        subscriber and all subscriptions and contributions made
       the Fund                                                                           of subscriber     and interest accrued to the credit of the account of the
                      University Branch. Any cash balance of the Fund in
excess of Rs, 5,000/- shall ordinarily be invested in National Savings                subscriber as also all withdrawals made therefrom shall be entered in such
Certificates or National Plan Certificates or loans of the Central or the State       Personal Ledger Account.
Government or in Treasury or in similar other bonds which can be redeemed                     (2) A statement of the accumulated amount in the account of each
at par at any time; or may be invested in fixed deposits with the State Bank          subscriber shall be furnished to him once a year but not later than six months
of India, Burdwan University Branch, so as to yield the maximum rate of               after the close of the financial year.
interest available for such deposits.                                                        If the subscriber wishes of point out any mistake or discrepancy in the
       (2) Every Bank account, deposit or investment, made under this                 statement so furnished, he shall send as objection in writing to the Finance
Statute shall be maintained or made in the name of the University.                    Officer within one month from the date of receipt of the statement. If no such
                                                                                      objection is received, the statement shall be deemed to have been accepted
       (3) The Provident Fund shall be held as a Trust Fund and it shall not
                                                                                      as correct by the subscriber and any subsequent representation objecting to
be applied or diverted by the University authority or authorities for any
                                                                                      the correctness of the statement shall be liable to be rejected summarily.
purposes other than for the purposes of management of the Provident Fund
                                                                                             St. l7 (P.F.) The Finance Officer shall maintain an account showing
and the Funds shall be administered by the Executive Council with the
                                                                                         Account of the    all receipts to and disbursements from the Fund and such
assistance of the Trustee Committee.                                                          Fund         account shall be audited once a year in such manner as
       St. 14 (P.F.) (1) All interest that accrues to the Fund shall be the           the Executive Council may decide.
                  property of the University and in return the University                    St. 18 (P.F.) (1) No final withdrawal of the accumulated amount shall
      Interest
                  shall guarantee to every subscriber a minimum interest of             Advances from the  be allowed until a subscriber quits his services in the
  1
3 2 per cent per annum. Such interest shall be calculated for every month                     Fund         University or dies, whichever is earlier.
on the lowest balance at the credit of the account of the subscriber on any                  (2) The Vice-Chancellor may sanction an advance to a subscriber
date between the close of the 7th day and the end of the month. After the end         from the accumulated amount of the account of the subscriber subject to the
of March every year, the interest which accrued during the preceding twelve           following conditions :
months shall be credited to the account of each subscriber.
                                                                                             (a)    There is no unpaid balance of any previous advance or interest
       (2) If the financial position of the Fund so justifies, the rate of interest                 thereon outstanding against the subscriber ;
referred to in paragraph (1) may be enhanced by the Executive Council at its
                                                                                             (b)    the total amount of the advance does not exceed three months’
discretion in respect of any period. The subscribers shall be entitled to the
credit of such enhanced interests in their respective accounts.                                     pay of the subscriber or one-third of the total of his
                                                                                                    subscriptions, whichever is less ;
       St. 15 (P.F.)       Subject to the directions, if any, of the Executive
                       Council, the Finance Officer shall operate on behalf of               (c)    interest shall be charged at the rate of 3 12 per cent per annum
   Finance Officer
      to operate       the University all accounts, deposits and investments                        on the monthly balance of the advance; and
    accounts etc.      made under St. 13 (P. F.) and shall have the power to do              (d)    the purpose of the advance shall be to meet expenses in
                       all such things as may be necessary for this purpose :                       connection with any one of the following events :
       Provided that the Vice-Chancellor and the Registrar shall also                               (i)    Illness of the subscriber or a member of his family, or
       severally have the power and authority to operate on the accounts or
                                                                                                    (ii)   daughter’s marriage, or
       the investments relating to the Fund.
                                   [ 99 ]                                                                            [ 100 ]
             (iii)   funeral and other ceremonies which, by the religion of             (10) If the Vice-Chancellor applies for an advance from the
                     the subscriber, are obligatory upon him to perform, or     accumulated amount in his account the sanctioning authority shall be the
             (iv)    any other satisfactory reason which is not repugnant       Executive Council, which shall also decide every other question relating to
                     to the provisions of the Provident Funds Act, 1925 (19     such advance.
                     of 1925).                                                          St. 19 (P.F.) (1) A subscriber who subscribes to the Fund at a rate
       (3) The Vice-Chancellor may, in a case of urgent necessity and on the       Non-refundable    higher than 8 13 per cent may be allowed by the
                                                                                 withdrawal from the sanctioning authority hereinbefore mentioned in this
recommendation of the Finance Officer, allow a subscriber a further advance              Fund
                                                                                                     Chapter to withdraw the whole amount accumulated
or advances from the Fund although any part of a previous advance or
                                                                                through such subscription together with interest accrued thereon or any part
interest thereon may be outstanding, provided that the total amount due from
                                                                                of it. The amount so withdrawn shall be non-refundable :
the subscriber in respect of all such advances shall at no time exceed three-
                                                                                        Provided that the subscriber at his option may continue to subscribe
fourths of the total of the subscriptions paid by the subscriber.
                                                                                        to the Fund at a rate higher than 8 13 per cent.
     (4) Every application for an advance from the Fund shall be made in
Form No. 4 (P.F.).                                                                     (2) Every application for non-refundable withdrawal from the Fund
                                                                                shall be made in Form No. 5 (P.F.).
      (5) An advance shall be recovered from the subscriber in such number
                                                                                       (3) Non-refundable withdrawal out of the Fund may be admissible for
of equal monthly instalments as the Vice-Chancellor may direct :
                                                                                any of the following purposes :
      Provided that such number shall not be less than twelve unless the               (a)    emergency requirement,
      subscriber so elects, or, in any case, more than twenty four. A
                                                                                       (b)    obligatory expenses,
      subscriber may, at his option, repay more than one instalment in any
      month. An instalment shall not include any fraction of a rupee, the              (c)    purchase of house site, house, construction of a house and the
      amount of the advance being suitably adjusted, if necessary, to ensure                  like for the accommodation of the subscriber or his family.
      this.
                                                                                Explanation :
       (6) Recovery of an advance shall commence on the first occasion
                                                                                       (1) The term “emergency requirements’’ means and includes
after the advance is made on which the subscriber draws pay for a full
                                                                                requirement to meet expense in connection with prolonged illness of the
month. Recovery shall not be made except with the subscriber’s consent
                                                                                subscriber or any member of his family actually dependent on him or for
while he is on long leave or in receipt of a subsistence grant.
                                                                                relief required on account of natural calamities like flood, earthquake,
        (7) Interest on an advance shall ordinarily be recovered in one         drought or like events by the subscriber himself or any member of his family
instalment in the month after which the principal has been fully repaid; but    actually dependent on him.
if the period of recovery of advance exceeds twelve months, the interest may,
                                                                                       (2) The term “obligatory expenses” means and includes requirement
if the subscriber so desires, be recovered in two equal monthly instalments·
                                                                                of a subscriber to meet expense for marraige or performance of any other
Every instalment of recovery of interest shall be rounded off to the nearest
                                                                                religious rites or social function which by his religion or social custom it is
rupee.
                                                                                incumbent upon him to perform, either for himself or for any member of his
       (8) If the account of any subscriber does not carry any interest, no     family actually dependent on him.
interest shall be recovered for any advance made to him.
                                                                                       (3) For the purposes of clauses (a) and (b), the sanctioning authority
      (9) Recoveries of advances and interest shall be credited as they are     shall decide in each case whether the request for such withdrawal is justified
made to the subscriber's account in the Fund.                                   and the decision of the sanctioning authority in the matter shall be final :
                                    [ 101 ]                                                                             [ 102 ]
       Provided that the subscriber shall submit to the sanctioning authority       the extended period of service. The lien of service granted to an employee
       within a period of three months from the date of drawal of the non-          shall not be treated as break of service and the period shall count towards
       refundable withdrawal or within such extended period as may be               service for purposes of retirement benefits, as prescribed or may be
       allowed by the sanctioning authority, a certificate to the effect that the   prescribed by the University or the State Government. The Provident Fund
       money has been utilised for the purpose for which it was withdrawn.          balances held in the credit of such a subscriber shall continue to earn interests
      (4) The non-refundable withdrawal shall be allowed to a subscriber            at the rate last granted till the date of superannuation or termination of lien,
on not more than five occasions, prior to his attainment of the age of              whichever is earlier, or up to the date of final payment of Provident Fund to
superannuation :                                                                    an employee.
       Provided that the number of occasions may be relaxed or waived by                   (3) If a subscriber resigns before the completion of two years’
the Executive Council in special circumstances of illness, emergency or             continuous service he shall be entitled to receive the amount of his own
obligatory expenses of the subscriber.                                              subscription and the interest accrued thereon but shall not be entitled to
                                                                                    receive the contributions made by the University and the interest accrued
Explanation :                                                                       thereon unless the Executive Council decides otherwise on the
       Unless prescribed otherwise, the age of superannuation shall mean the        recommendation of the Vice-Chancellor. All contributions and interest
age of 60 in the case of all employees and officers other than teachers and         thereon shall, in such a case, revert to the University Fund.
in the case of teachers governed by the orders or rules of the University                  (4) In the event of dismissal from service of a subscriber on account
Grants Commission or the State Government 60 or 65, as the case may be.             of misconduct or gross negligence of duty, he shall be entitled to receive
        St. 20 (P.F.) (1) Every subscriber on his retirement shall be entitled      only the amount of his own subscription and the interest accrued thereon
   Final Payment of   to receive the accumulated amount in his account              while all contributions made by the University and the interest accrued
   Provident Fund to calculated up to the date of his retirement subject to the     thereon shall revert to the University Fund.
       subscriber     right of the Executive Council to deduct therefrom any
                                                                                           (5) Withdrawals from the Fund may be sanctioned by the Vice-
sum referred to in Statute 23 (P.F.) :
                                                                                    Chancellor for one or more of the following purposes on completion of
       Provided that the total sum so deducted shall not exceed the total of        twenty five years of service (including broken periods of service, if any) of
       all contributions made by the University to the account and of any           a subscriber or within ten years before the date of retirement on
       interest accrued thereon.                                                    superannuation of such a subscriber, whichever is earlier, from the amounts
       (2) In this Statute “retirement” means and includes—                         standing to his credit in the Fund :
              (a)    retirement on attaining the age of superannuation; or                 (a)    meeting the cost of higher education in India or abroad of any
              (b)    resignation after completion of not less than two years’                     son or daughter of the subscriber actually dependent on him;
                     continuous service in the University; or                              (b)    meeting the expenditure in connection with the marriage of a
              (c)    termination of appointment due to abolition of the post,                     son or daughter of the subscriber ;
                     or to expiry of the term of the contract of service; or               (c)    building or acquiring or purchasing house or house site or
              (d)    retirement on medical grounds; or                                            repaying any loan taken expressly for the said purposes ; and
              (e)    voluntary retirement on application.                                  (d)    constructing a house on a site purchased utilising the sum
                                                                                                  withdrawn under clause (c).
Explanation :
                                                                                           (6) Any sum withdrawn by a subscriber at any time for one or more
       A subscriber who is granted refused leave shall be deemed to have
quit the services from the date of compulsory retirement or on the expiry of        of the purposes specified in clauses (a) to (d) of paragraph (5) from the
                                   [ 103 ]                                                                            [ 104 ]
amount standing to the credit of the subscriber in the Fund shall not                   (3). If there are no nominees or substitute nominees surviving at the
ordinarily exceed one-half of the amount or twelve months’ pay of the            time of death of the subscriber, the accumulated amount shall be paid to the
subscriber, whichever is less. The Executive Council shall, however, be          subscriber’s legal representative(s), or such other person or persons as may
competent, having regard to the object for which the withdrawal is being         be declared by a competent Civil Court to be entitled to receive the same,
made, to sanction withdrawal of an amount up to three-fourths of the balance     provided that if the amount does not exceed Rs. 1500/-, it may be paid to
standing to the credit of such subscriber in the Fund.                           such person or persons as the Executive Council may consider to be the
        A subscriber, who has been permitted to withdraw money from the          proper person or persons to receive the same on submission of an Indemnity
Fund under this Statute, ·may, at his option repay the amount so withdrawn       Bond.
either in part or wholly till he would have reached the age of superannuation,           St. 22 (P.F.) Subject to the provisions of the Provident Funds Act,
in such instalments as he may be capable of doing, from his emoluments on             Assignments     1925, the University shall not be bound by, or recognise,
monthly basis. The interest on such withdrawals shall be duly credited to the             and         any assignment or encumbrances, encumbrance executed
                                                                                     encumbrances
subscriber’s account.                                                                                 or attempted to be created which affects the disposal of
       (7) The accumulated balance in the Provident Fund account of an           the accumulated amount in accordance with the Statutes under this Chapter.
employee comprising the subscription, contribution and the interest shall be              St. 23 (P.F.) Notwithstanding any other provisions contained in this
paid to the employee immediately on his retirement, provided that the                   Charge on      Chapter, the University shall have the first charge upon
employee has submitted the ‘No Demand Certificate’ in the prescribed form              contribution    all contributions made in respect of a subscriber and the
in time. If the accumulated balance is held over and payment is not released         interest thereon  interest accrued thereon for his debts and other liabilities
for no fault of the employee concerned, interest on the balances of Provident    to the University. The University shall have the right to reimburse itself out
Fund shall be allowed at the rate of interest allowed by the Executive Council   of such contributions and interest for such debts and liabilities at the time the
for the last financial year for the period they are held over. The grounds on    accumulated amount is finally paid to the subscriber, his nominees or any
which the balances are held over shall be communicated to the subscriber         other person.
within 15 days from the date of his retirement and all such cases of                     St. 24 (P.F.) Subject to the provisions of the Provident Funds Act,
withholding, if any, shall be brought before the Provident Fund Trustee                 Question      1925, every question arising in respect of the
Committee for consideration and disposal. The Vice-Chancellor shall make               relating to    interpretation of the Statutes under this Chapter shall be
final payment accordingly.                                                           interpretation
                                                                                                      decided by the Executive Council whose decision shall
        St. 21 (P.F.) (1) On the death of a subscriber, the accumulated amount   be final.
  Final Payment on in his account shall, subject to the provisions of Statutes          St. 25 (P.F.) All subscribers to the Fund and their nominees, heirs and
     subscriber's     10 (P.F.) and 23 (P.F.), be paid in accordance with the                         legal representatives shall be bound by the provisions of
        death                                                                      Statutes binding
                      terms of the subscriber’s nomination to his nominee or       on subscribers,    the Statutes under this Chapter and the Rules made or
nominees surviving on the date of his death or to their legal representatives.      nominees etc.     directions issued, if any, under Statute 5 (P.F.) as
       (2) If any of the nominees of the subscriber has predeceased him, the     amended or revised from time to time.
whole of the amount which would have been payable to such nominee had
he been surviving on the date of death of the subscriber shall, Subject to the
provisions of Statute 10 (P.F.) be paid to such other person (referred to
hereafter as a substitute nominee), if any, on whom the right to receive such
payment has been conferred in accordance with the provision to sub-section
(1) of section 5 of the Provident Funds Act, 1925.
To
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         myself :
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Form No. 1 (P.F.)
Signature..................................................
                                                                                                                                                               ....................................................
                                                                                                                                                                                                                      ....................................................
                                                                                                                                                                                                                                                                             Address....................................................
                                 2...........................................................
                                                                                                1...........................................................
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              APPENDIX
1                            2                                                                                                                                                         3                                                                                                                                                   4                                                                                                                                                                                        5**                                                                                                                                                                                                                                                                                               6                                                                                                                                                                                                                                                                                                                                      7                                                                                                                                                            8
Sl. No. of                   Name and                                                                                                                                                  Relationship                                                                                                                                        Age of the Amount or                                                                                                                                                                                                                                                                                                                                                                                                                                                                       Contingencies on                                                                                                                                                                                                                                                                                                                       Name, address & relationship, if
nominee                      address of                                                                                                                                                if any, with                                                                                                                                        nominee    share to be                                                                                                                                                                                                                                                                                                                                                                                                                                                                     the happening of                                                                                                                                                                                                                                                                                                                       any, with the subscriber of the
                             the nominess                                                                                                                                              the subs-                                                                                                                                                      paid to each                                                                                                                                                                                                                                                                                                                                                                                                                                                                    which the nomi-                                                                                                                                                                                                                                                                                                                        person, if any, to whom the right
                                                                                                                                                                                       criber                                                                                                                                                         nominee                                                                                                                                                                                                                                                                                                                                                                                                                                                                         nation shall be                                                                                                                                                                                                                                                                                                                        of the nominee shall pass in
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      come invalid                                                                                                                                                                                                                                                                                                                           the event of his predeceasing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          REMARKS
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             the subscriber.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         [ 106 ]
Date.....................................
Station.................................                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 ...........................................................
*Family means and includes the following relatives of a subscriber :                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Signature of the Subscriber.
(1) Wife, (2) Husband, (3) Parent, (4) Child, (5) Minor brother, (6) Unmarried sister,
(7) Windowed sister, (8) A deceased son's widow, (9) a grand child and                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                We hereby certify that the subscribed signed
(10) If the subscriber’s father is not alive, a parental grand-parent.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          this nomination in our presence.
**Column 5 shall be filled in so as to cover the entire amount at the                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 1....................................................................
subscribed's credit in the Provident Fund at the time of his death                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    2....................................................................
1             2                3                4             5**             6                                                                                                                                                        7                                                                                                                                                                                                                                                                                                                                                                                                                                                       8
Sl. No. of    Name and         Relationship     Age of the Amount or          Contingencies on                                                                                                                                         Name, address & relationship, if
nominee       address of       if any, with     nominee    share to be        the happening of                                                                                                                                         any, with the subscriber of the
              the nominees     the subs-                   paid to each       which the nomi-                                                                                                                                          person, if any, to whom the right
                               criber.                     nominee            nation shall be-                                                                                                                                         of the nominee shall pass in
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      [ 107 ]
the subscriber.
Date.....................................
Station.................................                                                                                                                                                                 ...........................................................
*Family means and includes the following relatives of a subscriber :                                                                                                                                             Signature of the Subscriber.
(1) Wife, (2) Husband, (3) Parent, (4) Child, (5) Minor brother, (6) Unmarried sister,
(7) Windowed sister, (8) A deceased son's widow, (9) a grand child and                                    We hereby certify that the subscriber signed
(10) If the subscriber's father is not alive, a parental grand-parent.                                              this nomination in our presence.
**Column 5 shall be filled in so as to cover the entire amount at the                                     1....................................................................
subscriber's credit in the Provident Fund at the time of his death.                                       2....................................................................
To                                                                                                                                                                                                                                                                           (Signature of the Witnesses)
The Finance Officer,
The University of Burdwan
    Opening Balance+
    Monthly subscription+
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Form No. 3 (P.F.)
Closing Balance.
    Opening Balance+
    Monthly contribution+
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      [ 108 ]
    Interest+
    Closing Balance
                                                                                          Contributions
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    [See St. 16 (1) (P.F.)]
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              PROVIDENT FUND LEDGER
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      THE UNIVERSITY OF BURDWAN
    REMARKS
                                                                                                               Serial No. of Account................................................................................................
                                                                                                                                                                                                                                           Designation..................................................................................................................
                                                                                                                                                                                                                                                                                                                                                                           Date of joining.............................................................................................................
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Name of Subscriber.....................................................................................................
                                                   [ 109 ]                                                                                                    [ 110 ]
                                                   Signature.........................................................                                         Date.................................................................
Dated..............................                Designation....................................................
                                                                                                                                                              Countersigned...............................................
Station...........................                 Address..........................................................
                                                                                                                                                              Head of the Department..............................
N. B. Questions at Sl. 1, 3 and 4 will be filled in by the Finance Department.
                                                         [ 111 ]                                                                                                    [ 112 ]
                                                         Order
                                                                                                                                                                CHAPTER IX
          Sanction is hereby accorded to the payment of a sum of
Rs........................ (Rupees..........................................................................................)   THE STATUTES   RELATING TO   CONTRACTS   OF   SERVICE   OF   UNIVERSITY EMPLOYEES
only being the amount of non-refundable withdrawal calculated as per
provision of cl. (1) of St. 19 (P.F.)                                                                                                   St. 1 (Cont.) (1) These Statutes may be called the Statutes relating to
                                                                                                                                     Short title,      Contracts of Service of Univeristy Employees.
           The request for such withdrawal is justified.                                                                          commencement         (2) They shall come into force from such date as the
                                                                                                                                  and application      State Government may, under sub-section (5) of section
      The applicant shall submit the certificate as required under cl. (3) of
                                                                                                                                                       57 of the Act, appoint and shall apply to every employee
Explanation of St. 19 (P.F.), within.................................
                                                                                                                                of the University.
                                                                                                                                        St. 2 (Cont.) (1) Subject to the provisions of paragraph (3), words and
                                                                                                                                    Interpretation
                                                                                                                                                        expressions used in these Statutes shall, unless the
           Dealing Assistant                                        Superintendent                                                  and definition      context requires otherwise, be interpreted to have the
                                                                                                                                                        same meaning as they have in the Act.
                                                                                     Finance Officer                                    (2) The provisions of the Statutes, the Ordinances, the Regulations
                                                                                                                                and the Rules of the University, in so far as they affect the matters provided
                      Audit & Accounts Officer                                       Vice-Chancellor                            herein, if in conflict with the provisions of these Statutes, shall stand
                                                                                                                                modified by the Statutes under this Chapter.
           Date :                                                                                                                       (3) In these Statutes—
                                                                                                                                        (a) ''contract" in relation to an employee means the written contract
           Bill drawn for Rs.................................... (Rupees........................................                              of his service,
.....................................................) only.                                                                            (b) ''employee'' means any person employed by the University and
                                                                                                                                              includes a teacher and an officer referred to in section 31 of the
                                                                                                                                              Act.
                                                                                                                                        St. 3 (Cont.) (1) Unless appointed under a contract as envisaged in
           Voucher No..............................Date.........................                                                                       paragraph (2), every employee of the University, other
                                                                                                                                    Contract of        than a casual worker or a work-charged staff or a person
                                                                                                                                      service
                                                                                                                                                       engaged on daily-wage basis, shall be deemed to have
                                                                                                                                been appointed under a contract as embodied in :
                                                                                                                                        (a) the letter of offer of appointment and the letter of acceptance of
                                                                                                                                              the offer, if any;
                                                                                                                                        (b) the letter of appointment and the report of joining the post to
                                                                                                                                              which appointed; as also
                                                                                                                                        (c) the provisions of the Statutes, the Ordinances, the Regulations
                                                                                                                                              and the Rules made by the University and amended from time to
                                    [ 113 ]                                                                            [ 114 ]
       (f) the date of contract;                                                           St. 3 (M. C.) (1) (a) The Court shall meet at least thrice in a financial
       (g) the date on which the contract is liable to termination;                                      year, other than for Convocation, on dates to be fixed
                                                                                    Ordinary meeting
            and                                                                        of the Court      by the Vice-Chancellor. One of such meetings shall be
       (h) remarks, if any.                                                                              held before March and shall be called the annual
                                                                                  meeting. The Court may also meet at such other times as it may, from time
       (2) Of the three copies of the contract as engisaged under                 to time, decide.
paragraph(3) of St. 3 (Cont.), the original shall be kept in the custody of the
Registrar and the duplicate shall be kept in the custody of the Finance                                   (b) Not less than 10 days’ notice shall be given to the
                                                                                        Notice for
Officer; while the triplicate shall be retained by the employee concerned.          ordinary meeting
                                                                                                          members of the date of every meeting of the Court.
                                                                                                          (c) Not less than 5 days before the date fixed for a
                                                                                    Issue of Agenda       meeting, the Registrar shall send to each member an
                                                                                          papers          agenda paper.
                                   [ 115 ]                                                                           [ 116 ]
      (d) No matter other than what is included in the agenda paper and the              (d) it shall not contain any arguments, inferences or defamatory
  Matters to be      supplementary agenda paper, if any, issued under                         statements;
   considered        Statute 7 (M.C.) shall be considered at the meeting :               (e) it shall not refer to the character or conduct of any person except
      Provided that the Vice-Chancellor shall have the power in case of                       in his capacity as an Officer, a Teacher or a Non-teaching Staff
      urgency to bring any other matter before the meeting.                                   of the University;
      2. (a) The Vice-Chancellor may, whenever he thinks fit, and shall,                 (f) it shall not refer to any matter which is pending before a Court
                     upon a requisition in writing signed by not less than                    or Tribunal or, unless the Chairman so decides for sufficient
  Special meeting
                     one-third of the members of the Court, convene a                         reasons, before any Authority of the University; and
meeting of the Court. A meeting on such requisition shall be held within 10              (g) it shall not call into question the powers of the Chancellor or any
days of the receipt of the requisition by the Vice-Chancellor.                                order passed or action taken or not taken by him.
                                                                                         (2) If a motion fails to comply with any of the conditions referred to
Notice for special          (b) Not less than 7 days’ notice shall be given
                                                                                 in paragraph (1), the Chairman shall refuse to admit it or to allow it to be
     meeting         to the members of the date fixed for a special meeting.     moved in a meeting.
                                                                                         (3) Every motion which complies with the conditions referred to in
 Issue of Agenda            (c) An agenda paper shall be sent to each
                                                                                 paragraph (1) shall be admitted and allowed to be moved in the meeting for
      Papers         member along with such notice.                              which the motion has been tabled. The decision of the Chairman in—
      (d) No matter other than that included in the agenda papers and the                (a) admitting any motion, or
    Matters to be   supplementary agenda papers, if any, sent under the                  (b) refusing to admit it, or
     considered     provisions of Statute 9 (M..C.) shall be considered at               (c) allowing it to be moved, or
                    the meeting.                                                         (d) disallowing it to be moved shall be final.
                                                                                         In case a motion is disallowed to be moved, the mover shall have the
                                                                                 right to read out the motion with the permission of the Chairman.
                                  PART III                                               (4) When the Chairman refuses to admit a motion under paragraph (2),
                         MOTIONS AND AMENDMENTS                                  the Registrar shall intimate the fact to the member who gave notice of the
                                                                                 motion, but shall not be bound to intimate the reason for such refusal.
       St. 4 (M. C.) Any member who wishes to move a motion at a meeting                 St. 6 (M.C.) (1) Any member who desires to move an amendment to
                      of the Court shall give notice of such motion by                                   a motion included in the agenda papers relating to an
  Notice of motions                                                                    Notice and
                      forwarding a copy thereof to the Registrar so as to                                ordinary meeting shall forward a copy of such
                                                                                      admission of
reach him not less than 7 days before the date of the meeting.                       amendments for      amendment to the Registrar so as to reach him not less
       St. 5 (M.C.) (1) No motion shall be admitted by the Chairman or              ordinary meetings than 5 days before the date fixed for the meeting.
    Conditions for     allowed to be moved at a meeting of the Court unless              (2) No amendment shall be admitted or allowed to be moved at the
    admission of a     it complies with the following conditions :               meeting—
        motion         (a) due notice has been given as prescribed in the                (a) of which due notice has not been given as prescribed in
            Statute 4 (M. C.);                                                                paragraph (1); or
       (b) it shall be clearly and precisely expressed and raise substantially           (b) which is in effect a direct negative to the original motion; or
            only one definite issue;                                                     (c) which is not relevant to the original motion; or
       (c) it shall not raise any issue which does not come wholly within                (d) which substantially raises a question already disposed of by the
            the purview of the Court;                                            meeting or is inconsistent with any motion already passed by it; or
                                     [ 117 ]                                                                             [ 118 ]
        (e) which fails to comply with any of the conditions referred to in                  St. 11. (M. C.) (1) One-third of the total number of members of the
paragraph (1) of Statutes 5 (M.C.).                                                         Quorum
                                                                                                            Court plus one shall be a quorum for a meeting of the
        (3) Every amendment which complies with the provisions of this                                      Court :
              Statute shall be admitted and allowed to be moved in the                       Provided that such quorum shall not be required at a Convocation of
              meeting. The decision of the Chairman in admitting any                 the Court :
              amendment or refusing to admit it or allowing or disallowing it                Provided further that no quorum shall be required for an adjourned
              to be moved shall be final.                                            meeting.
        (4) When the Chairman refuses to admit an amendment, the Registrar                   (2) If there is no quorum within 15 minutes of the time appointed for
shall intimate the fact to the member who gave the notice of the amendment           the meeting, the meeting shall be adjourned.
but shall not be bound to intimate the reason for such refusal.
                                                                                             (3) If, at any time during the progress of a meeting, any member calls
        (5) An amendment, the substance of which has already been disposed           attention to the fact that there is no quorum, the meeting shall forthwith be
of in part, may be modified by its proposer in the meeting so as to retain only      suspended for such time as may be considered necessary by the Chairman
the part not so disposed of.                                                         to secure a quorum, or, if the Chairman so decides, shall be adjourned to a
        St. 7 (M.C.) The Registrar shall send to each member supplementary           subsequent date. Such suspension or adjournment shall be recorded in the
      Supplementary    agenda papers containing such of the motions or               minutes of the meeting.
   agenda papers for amendments as have been admitted under paragraph                        St. 12 (M.C.) (1) No matter shall be considered at an adjourned
   ordinary meetings (3) of Statute 5 (M.C.) and paragraph (3) of Statute 6             Business at an      meeting other than the matters left over at the meeting at
                       (M.C.).                                                        adjourned meeting which the adjournment took place :
        St. 8 (M.C.) (1) Any member who desires to move an amendment to                      Provided that the Vice-Chancellor may, with or without notice, bring
       Notice and       a motion included in the agenda papers relating to a                 before an adjourned meeting any new matter which in his opinion is
      admission of      special meeting shall forward a copy of such                         urgent.
    amendments for      amendment to the Registrar so as to reach him not less               (2) Save as aforesaid, it shall not be necessary to give notice in
    special meetings    than 4 days before the date of the meeting.                  respect of an adjourned meeting.
        (2) The provisions of paragraphs (2), (3), (4) and (5) of Statute 6 (M.C.)
shall apply to all amendments subject to the provisions of paragraph (1)
thereof.                                                                                                                 PART V
        St. 9 (M.C.) The Registrar shall send to each member a supplementary                                       ORDER OF BUSINESS
      Supplementary     agenda paper containing such of the amendments                     St. 13 (M. C.) At every meeting of the Court, matters shall be taken
   agenda papers for as have admitted under paragraph (2) of Statute                  Order of business up for consideration in the following order :
     special meetings    8 (M.C.)                                                                         (a) election of Chairman (if necessary);
                                                                                           (b) confirmation of the minutes of the previous meeting;
                                                                                           (c) matters proposed—
                                    PART IV
                                                                                                (i) by the Executive Council,
                        GENERAL RULES OF PROCEDURE
                                                                                                (ii) by the Vice-Chancellor,
      St. 10 (M. C.) The Chancellor, or, in his absence, the Vice-Chancellor                    (iii) by the Faculty Councils for Post-graduate Studies,
                     shall preside at meetings of the Court. If both the                        (iv) by the Councils for Under-graduate Studies,
     Chairman
                     Chancellor and the Vice-Chancellor are absent at any                       (v) by the members of the Court, and
meeting, the members present at the meeting shall elect one from amongst                   (d) any other matter.
themselves to be the Chairman of the meeting.
                                    [ 119 ]                                                                         [ 120 ]
       (h) a motion to appoint a Committee to consider any matter placed             St. 18 (M. C.) (1) A member who desires to speak shall rise in his
           before the meeting; or
                                                                                  When a member place and address the Chairman only.
       (i)   a motion that the question be put; or                                   can speak      (2) When a member rises to speak, his name shall be
       (j)   a motion moved under Statute 16 (M.C.) except a motion relating                        called out by the Chairman and he shall not be entitled
             to the conferment of honorary degree.                              to speak until his name has been so called out.
       (2) No such motion as enumerated in paragraph (1) shall be moved               (3) If more members than one rise at the same time, only the member
except with the permission of the Chairman.                                     whose name is called out by the Chairman shall be entitled to speak.
       (3) A motion to appoint a Committee under clause (h) of paragraph              St. 19 (M.C.) (1) Every speech must be relevant to the matter under
(1) may include directions to the Committee and shall specify a date within         Speech to be   consideration.
which a report shall be submitted by the Committee to the University.                 relevant      (2) The Chairman may direct any member to discontinue
Whenever any such Committee is appointed, the Court shall also appoint its      his speech if the speaker's argument becomes offensive, embarrassing,
Chairman. Half of the total number of members of such Committee plus one        scandalous or irrelevant.
shall be a quorum for a meeting of the Committee and its Chairman must be
                                                                                        St. 20 (M. C.) (1) Save in exercise of a right of reply, a member shall
present at every meeting.
                                                                                     A member         not be entitled to speak more than once on the same
       (4) Save in the case of motions moved under clauses (c) to (i) of                              matter.
                                                                                   entitled to one
paragraph (1), no member except the mover shall be entitled to speak.
                                                                                    speech only      (2) A member may, with the permission of the Chair,
   Amendments that
                             St. 15 (M.C.) An amendment to a motion may
                                                                                                     make a statement on any matter arising out of the
    may be moved      be   moved   without previous notice only in the
                                                                                debate.
    without notice    following  cases—
                                    [ 121 ]                                                                           [ 122 ]
       St. 21 (M. C.) No member shall rise to speak while another member                 (2) If there be more than one amendment to a motion of which
   One member        is speaking :                                                previous notice has been given, the Chairman shall determine the order in
 only to speak at    Provided that a member may, with the permission of the       which the amendments are to be moved.
      a time         Chair, rise even while another member is speaking, to               (3) Any amendment standing in the name of a member who is absent
explain any expression used by himself which may have been misunderstood          from the meeting may be moved by any other member present provided that,
by the Speaker, but in every such case he shall confine himself strictly to       an amendment that has been withdrawn cannot be so moved.
such explanation.
                                                                                         St. 30 (M. C.) Every amendment which is moved must be seconded.
       St. 22 (M. C.) If the Chairman rises to speak, any member speaking          Amendments to be     In case it is not seconded, it shall lapse.
 Chairman to have                                                                     seconded
    precedence       or about to speak, shall sit down at once.
                                                                                         St. 31 (M. C.) An amendment may be withdrawn by the mover at any
      St. 23 (M. C.) No member shall, except with the permission of the              Withdrawal of
  Time allowed to  Chair, speak for more than seven minutes when moving                                 time before it is moved.
                                                                                      amendments
       speak       a motion or amendment, or replying to a debate.
                                                                                         St. 32 (M. C.) An amendment may be ruled out of order by the
       St. 24 (M. C.) (1) Any member may call the Chairman's attention to         Amendments out of
   Point of order    a point of order, even while another member is speaking,                           Chairman at any time before it is put to vote.
                                                                                       order
                     but no speech shall be made on such point of order.
                                                                                         St. 33 (M. C.) After the amendment or amendments have been moved
       (2) The Chairman shall be the sole judge of order, and may call any
                                                                                      General debate     and seconded, a general debate shall follow on the
member to order, and shall have all powers necessary to enforce his
                                                                                                         motion and the amendments.
decisions on all points of order.
                                                                                         St. 34 (M. C.) When the debate is concluded, the Chairman may, if
       St. 25 (M. C.) The Chairman may at any stage of the proceedings, at
                                                                                        Voting on      he so desires, sum up the debate and shall put the
    Chairman's       his discretion, or at the request of a member, explain the
                                                                                     amendments and amendment or amendments to vote. If any amendment
     privileges      scope or effect of any motion or amendment which is                 motion        or amendments are carried, the motion as amendmened
                     before the meeting.                                                               shall be stated by the Chairman and then put to vote.
       St. 26 (M. C.) Any motion standing in the name of a member who is          If no amendment is carried, the original motion shall be put to vote.
 Absence of mover absent from the meeting may be moved by any other
                     member present :
                                                                                                                    PART VIII
       Provided that, a motion that has been withdrawn cannot be so moved.
                                                                                                                     VOTING
       St. 27. (M. C.) (1) Every motion which is moved must be seconded.
   Seconding and      In case it is not seconded, it shall lapse.                        St. 35 (M. C.) (1) All matters placed before a meeting shall be decided
   withdrawal of             (2) A motion may be withdrawn by the mover at            Decision by       by a simple majority of votes of the members and voting
       motions                                                                      majority of votes   unless a particular majority is required by the Act or the
                      any time before it is moved; and when it has been
withdrawn, all amendments to the motion shall lapse.                                                    Statutes.
       St. 28 (M. C.) A motion may be ruled out of order by the Chairman                 (2) The Chairman shall have one vote, and in the event of an equality
                                                                                  of votes, he shall cast the same.
 Motions out of order at any time before it is put to vote.
                                                                                         St. 36 (M. C.) (1) After putting any question to vote the Chairman
       St. 29 (M. C.) (1) After a motion has been seconded, any member may
                                                                                    Voting to be by      shall call for an indication of the opinion of the Court
  Amendments to      move an amendment thereto if the Chairman has
                                                                                     show of hands       by show of hands, first in the affirmative and then in
     motions         admitted such amendment or allowed it to be moved.
                                                                                                         the negative, and shall declare the result accordingly.
                                    [ 123 ]                                                                           [ 124 ]
       (2) If any member so demands, the names of the members who vote                                               PART XI
for or against the motion as well as the names of those who abstain from                                         MISCELLANEOUS
voting shall be recorded in the minutes.
                                                                                         St. 39 (M. C.) No matter which has been decided by the Court shall
                                                                                                      be reconsidered within a period of 12 months from the
                                  PART IX                                          Reconsideration of
                                                                                                      date of such decision except at a special meeting
                                                                                        decisions
                                  PROTESTS                                                            convened for the purpose in the manner prescribed under
                                                                                  the provisions of paragraph 2(a) of Statute 3 (M.C.) and unless three-fourths
       St. 37 (M. C.) Any member who intends to protest against a motion          of the members present at such a meeting signify their assent in favour of
                     passed at a meeting of the Court to which the assent of      such reconsideration.
       Protests
                     the Chancellor is required shall give notice in writing of
such intention to the Registrar within two days from the date of the meeting             St. 40 (M. C.) The decision of the Chancellor in every matter which
and shall within fourteen days from such date lodge with the Registrar a              Chancellor's
                                                                                     decisions to be
                                                                                                        requires such decision shall be reported to the Court
memorandum setting out the grounds of protest. The Registrar shall forward
                                                                                        recorded        and recorded in its minutes.
a copy of the memorandum to the mover of the motion. The mover of the
motion shall within fourteen days from the date on which the memorandum                   St. 41 (M. C.) (1) The Chairman may direct any member whose
was so forwarded, send to the Vice-Chancellor a reply to the grounds of the          Disorderly conduct conduct is, in his opinion, disorderly to withdraw
protest. The memorandum of protest and the reply, together with a copy of                at meeting      immediately from the meeting, and any member so
the minutes of the meeting, shall then be submitted for the consideration and                            ordered shall be deemed to have withdrawan from the
order of the Vice-Chancellor.                                                     meeting.
                                                                                          (2) The Chairman may, in case of grave disorder occuring at a meeting,
                                   PART X                                         adjourn the meeting sine die or to a specified date or dissolve the meeting.
                                   MINUTES                                                St. 42 (M. C.) If the Vice-Chancellor considers it necessary or
                                                                                                        expedient, he may obtain a decision of the Court on any
                                                                                    Decisions of Court
       St. 38 (M. C.) (1) Within ten days after every meeting of the Court,            by circulation
                                                                                                        matter by circulation. In every such case a notice of the
                    a draft of the minutes of such meeting shall be submitted                           motion or proposal on which the decision of the Court
       Minutes
                    by the Registrar to the Chairman. After the Chairman has      is sought shall be circulated to every member of the Court along with an
approved and attested the same, a copy of the draft minutes shall be              explanatory memorandum. A member may within 15 days of such notice
forwarded to each member. Any member who was present at the meeting               communicate to the Registrar his acceptance or otherwise of the motion or
may, within seven days of the issue of the draft minutes, communicate to the      proposal. Such motion or proposal will be deemed to have been adopted by
Registrar any exceptions he may take to the correctness thereof. The draft        the Court if the majority of members have expressed their acceptance of the
minutes and the exceptions taken, if any, shall be laid for consideration         motion or proposal.
before the next meeting of the Court and the minutes in their final form shall            St. 43 (M. C.) (1) In any case not provided for by the Statutes under
then be confirmed.                                                                      Rulings and     this Chapter, the Chairman may give a ruling as to the
       (2) The Chairman shall have the right to expunge from the minutes any         interpretations by procedure to be followed which is not inconsistent with
expression which he considers objectionable or the publication of which is,              Chairman       the Act or the Statutes under this Chapter.
in his opinion, not in the interest of the University.                                    (2) Save as otherwise provided, in case of any dispute or difference
       (3) Once every 12 months or at such other intervals as the Court may       of opinion in a meeting, the Chairman's interpretaion of any provision of the
determine, the final minutes of the meetings of the Court held within the         Act or the Statutes shall be binding.
period shall be circulated to each member of the Court.
                                      [ 125 ]                                                                                [ 126 ]
       St. 44 (M.C.) No proceedings of a meeting of the Court shall be                 shall make the application through such authority, if any, as the Executive
  Safeguard against invalidated merely by reason that any member has not               Council may direct :
   invalidation of  received a notice or agenda papers provided it has                         Provided that no application for affiliation shall ordinarily be
     proceedings.   been duly issued.                                                  entertained after December 31 of the year immediately preceding the academic
                                                                                       session from which affiliation is sought.
                                                                                               St. 5 (Affn.) (1) The Executive council shall grant affiliation to a
                                                                                             Grant and         college in accordance with the provisions of the
                                  CHAPTER XI                                               withdrawal of       Statutes under this Chapter and subject to such
                                                                                             affiliation       conditions as may be imposed from time to time.
             THE STATUTES    RELATING TO   AFFILIATION   OF   COLLEGES
                                                                                               (2) Affiliation shall be granted specially for each separate subject and
                                                                                       for each separate course of study; i.e., Arts, Science, Commerce, Law, Fine
        St. 1 (Affn.) (1) These Statutes may be called the Statutes relating to        Arts, Music, Engineering, Medicine and such other courses of studies as
    Short title and     Affiliation of Colleges.                                       may be prescribed by the Executive Council from time to time.
    commencement        (2) They shall come into force from such date as the                   (3) Subject to the provisions of the Statutes under this Chapter the
                        State Government may, under sub-section (5) of section         Executive Council shall have the power to suspend or withdraw the affiliation
57 of the Act, appoint.                                                                of any college in any subject or course of study in case the Executive
        St. 2 (Affn.) (1) In these Statues, unless the context otherwise               Council is satisfied that any of the conditions imposed under paragraph (1)
     Interpretation     requires, words and expressions used shall be                  or those prescribed by the Statutes and/or the Ordinances are not being
                        interpreted to have the same meaning as they have in           observed :
the Act.                                                                                       Provided that no affiliation shall be suspended or withdrawn without
        (2) The provisions of the Statutes, the Ordinances, the Regulations            affording the management of the college an opportunity of making such
and the Rules of the University, in so far as they affect the matters provided         representation as it may desire to make under the provisions of St. 20 (Affn.).
herein, if in conflict with the provisons of these Statutes, shall stand modified              St. 6 (Affin.) (1) Every college applying for affiliation shall satisfy the
by the Statutes under this Chapter.                                                                           Executive Council—
                                                                                            Conditions of
        St. 3 (Affn.) All colleges affiliated to the University before adoption               affiliation.    (a) that the college which is not a Government College
 Colleges affiliated by of the Statutes under this Chapter shall be deemed to             Governing Body is to be, or is being, management by a Governing Body
       the Act.         be affiliated to the University under the aforesaid                                   constituted duly in accordance with the provisions of
                        Statutes.                                                                             the relevant Statutes in this regard.
        St. 4 (Affn.) (1) Any college proposed to be established in any of the                 (b) that the college has provided for adequate space for Class Rooms,
                       districts situated within the territorial jurisdiction of the                           Libraries, Laboratories, Common Rooms and such other
    Application for                                                                       Space & Building
       affiliation     University referred to in clause (5) of section 2 read                                  accommodation as may be specified for the purpose of
                       with sub-section (4) of section 5 of the Act, may apply                                 imparting instruction;
to the University for affiliation in any of the disciplines as may be consistent               (c) that the college has made adequate provision for a properly
with the academic programmes of the University.                                                                equipped Library;
                                                                                               Library
       (2) In the case of a Government College or a college receiving aid from                                 (d) that the college has made adequate arrangements
the State Government, the application shall be made through the Director of                                    for the imparting of instruction in a properly equipped
                                                                                            Laboratory/
Public Instruction, West Bengal. In the case of any other college, the                                         Laboratory or Museum when affiliation is sought in
                                                                                              Museum
Governing Body/Organising Committee/Ad-hoc Committee of Management                                             such subjects as would require practical tests;
                                     [ 127 ]                                                                              [ 128 ]
       (e) that the college shall, in order to ensure the imparting of instruction           (iii) The provisions made in this behalf by the Statutes, the
                        properly, have a whole-time Principal and employ                             Ordinances or the Regulations, as the case may be;
     Principal and
                        adequate number of teaching staff having                             (d) there shall be a Teachers' Council in the college constituted in
    Teaching Staff.
                        qualifications conforming to the prescriptions made                                  accordance with the provisions made in this behalf by
                                                                                       Teachers' Council
                        from time to time by the University or by the State                                  the Statutes, the Ordinances or the Regulations, as the
Government, as the case may be :                                                     case may be;
       Provided that, if for any reason whatsoever, the office of the Principal              (e) there shall be a Students' Union, by whatever name called, in the
remains vacant, or if the Principal is on leave or is not in a position to attend                            college constituted in accordance with the provisions
the office for the due discharge of his functions, the Governing Body shall             Students' Union
                                                                                                             made in this behalf by the Statutes, the Ordinances or
appoint, in order of seniority, one of the whole-time teachers of the college,       the Regulations, as the case may be; and
as the Teacher-in-Charge for discharging the functions of the Principal;                     (f) there shall be a Mess Committee in the college having hostel
       (f) that the college has the financial resources so as to ensure its                                  accommodation for the students, constituted in
                                                                                        Mess Committee
                                                                                                             accordance with the provisions made in this behalf by
 Financial resources efficient maintenance;
                                                                                     the Statutes, the Ordinances or the Regulations, as the case may be.
       (g) that the college, when established, shall not be implicated in                    St. 7 (Affn.) On receipt of an application for affiliation the Vice-
                                                                                                             Chacellor shall cause necessary inspection to be made
     Interest of      competition with neighbouring colleges as might                      Procedure
    neighbouring                                                                                             by the Inspector of Colleges with the help of such
       colleges       adversely affect the interest of any of them; and              experts as may be nominated by the Vice-Chancellor with a view to
                                                                                     ascertaining whether the proposed college satisfies the conditions set forth
        (h) that the college shall not charge from the students fees other than
                                                                                     in St. 5 (Affn.) and St. 6 (Affn.).
         Fees          those approved by the Univeristy.
                                                                                             St. 8 (Affn.) An application for affiliation may be withdrawn at any
        (2) Every college shall also undertake that—
                                                                                         Withdrawal of       time before an order has been passed by the Executive
        (a) any transfer of management or change in the teaching staff                  application for      Council :
    Report to the      effected after affiliation has been granted shall be                 affiliation      Provided that a college shall not be permitted to apply for
  Executive Council reported forthwith to the Executive Council;
                                                                                     withdrawal of affiliation after it has started functioning.
        (b) the number of students in a class shall be determined according                  St. 9 (Affn.) No student shall be admitted to any course of instruction
 Number of students to the size of the class room and shall not exceed one             Students not to be in a college in anticipation of the affiliation of the
      in a class.      hundred :                                                           admitted in        college in respect of such course of study. Any
        Provided that in case the number is likely to exceed the prescribed              anticipation of      violation of this provision may be a ground for refusal
limit, prior permission of the Executive Council for admitting any such excess              affiliation       of granting affiliation.
number of students, not more than fifty in any case, shall have to be                        St. 10 (Affn.) When a college proposes to add new subjects or
obtained;                                                                              Addition to courses courses of study to those in respect of which it has
       (c) the appointment of teachers shall be made in accordance with the               of instruction      already been granted affiliation, the procedure
   Appointment of                                                                                             prescribed by St. 6 (Affn.), St. 7 (Affn.), St. 8 (Affn.)
      teachers        provisions of—                                                 and St. 9 (Affn.) shall, as far as they may apply, be followed.
       (i)  The West Bengal College Service Commission Act, 1978 (West                       St. 11 (Affn.) A college affiliated in a subject for any of the University
            Bengal Act LXII of 1978),                                                  Minimum number examinations shall provide for the delivery of the
       (ii) The West Bengal College Teachers (Security of Service) Act,                    of lectures.      minimum number of lectures as may be prescribed by
            1975 (West Bengal Act XLIV of 1975), and                                                         the relevant Council for Under-graduate Studies from
                                                                                     time to time.
                                      [ 129 ]                                                                              [ 130 ]
         St. 12 (Affn.) (1) If a college fails for two consecutive years to arrange   it shall make its recommendation to the Executive Council in this regard and
  Failure to arrange for the delivery of the minimum number of lectures or            the Executive Council shall thereupon decide as to whether the Governning
      for minimum        the holding of the minimum number of tutorial classes        Body is to be freshly constituted in accordance with such directions as it
  number of lectures in any subject, the Executive Council may refuse to              may give as a condition of continuance of affiliation of college.
  or tutorial classes permit the college to present students for the                          (2) In the event of failure of the college to comply with the direction
                         University examination concerned in that subject.            given by the Executive Council under paragraph (1), it shall take appropriate
         (2) At the end of each session, every college shall furnish to the           action in terms of clause (xi) of section 21 of the Act.
University a statement showing the total number of lectures delivered and                     St. 18 (Affn.) Every college shall furnish such returns, reports and
the total number of tutorial classes held in each subject during that session                                other information as may be asked for by the Executive
                                                                                            Returns etc.
as also during the session immediately preceding the same.                                                   Council or by the Council for Under-graduate Studies in
         St. 13 (Affn.) Every lecture or tutorial class shall cover a period of       order to judge the efficiency of the college or for the compliance of the
 Duration of lecture not less than 45 minutes.                                        requirements of the University Grants Commission or the Central Government
  or tutorial classes St. 14 (Affn.) For the purpose of the Statutes under this       or the State Government.
 Practical work and Chapter, a period of practical work or class exercises of                 St. 19 (Affn.) (1) As a condition of the continuance of its affiliation,
    class exercises     not less than 45 minutes' duration shall be deemed to                Inspection      every college shall be inspected in accordance with the
                        be a tutorial class.                                                                 provisions of the University Ordinances relating to
         St. 15 (Affn.) (1) A lecture or tutorial class shall not be treated as       Inspection of Colleges.
                         such within the meaning of the Statutes under this                   (2) The Council for Under-graduate Studies may direct any college so
  Conditions applying
                         Chapter, unless it is delivered to or held in respect of     inspected to take, within such time as the Council may fix, such action as
     to lectures and
     tutorial classes.
                         a class or a permanent section or group thereof and          may appear to the Council to be necessary in respet of any matter referred
                         unless it is reckoned in calculating the percentage of       to in St. 6 (Affn.) and in case the college fails to take such action, the Council
attendance of the students concerned offering the subject in which the                may recommend suspension or withdrawal of affiliation of the college to the
lecture is delivered.                                                                 Executive Council subject to the provisions of paragraph (3) of St. 5 (Affn.).
         (2) Even if some of the students or all of them belonging to a class                 St. 20 (Affn.) (1) If any college fails to comply with any of the
or a permanent section or a group thereof fail or refuse to attend a lecture               Withdawal or      provions of the Statutes under this Chapter, the Council
or a tutorial class, such lecture or tutorial class shall, nevertheless, be                suspension of     for Under-graduate Studies shall report the fact to the
deemed to have been duly delivered or held and all such students shall be                    affiliation.    Executive Council with its recommendations.
marked absent.                                                                                (2) If, on receipt of such report or otherwise, it appears to the
         St. 16 (Affn.) Notwithstanding anything contained in the Statutes            Executive Council that no sufficient grounds exist for such failure, it shall call
     Suspension of      under this Chapter, the Executive Council shall have the      upon the Governing Body of the college to show cause within such date as
  Statutes in case of power, in an eventuality, such as an epidemic, famine,          it may fix why the affiliation of the college in any subject or subjects shall
   grave emergency      war or widespread civil disturbances, to suspend the          not be withdrawn or suspended.
                        operation of any of the provisions of the Statutes under              (3) On the receipt of any representation which the Governing Body
this Chapter for such period or periods and for such college or colleges as           may make, the Executive Council shall invite the opinion of the relevant
the Executive Council may decide.                                                     Council for Under-graduate Studies thereon and after considering such
         St. 17 (Affn.) (1) In the event the relevant Council for Under-graduate      representation and opinion, if any, shall decide whether the affiliation of the
       Direction to     Studies is of the the opinion that the Governing Body         college in the subject or subjects in question should be allowed to continue
    constitute a new of a college has not been properly constituted or that           or be withdrawn or suspended.
    Governing Body the Governing Body has not been properly functioning,
                                    [ 131 ]                                                                             [ 132 ]
         St. 21 (Affn.) If any doubt or diffculty arises in regard to the                  (ii) the Principal of the college, who shall be the Secretary to the
  Vice-Chancellor to interpretation or application of this Chapter, or if any       Governing Body (ex-officio) :
  issue directions in matter in relation to the affiliation of colleges which is           Provided that in the case of a new college, at its initial stage, one of
    case of doubts,    not covered by this Chapter arises, the Vice-Chancellor      the promoters having academic or administrative experience, may, subject to
     difficulties etc. may issue such directions as he may consider proper          the approval of the Executive Council, act as the Founder Secretary for a
                       and shall report the matter to the Executive Council         period not more than two years from the date of affiliation and in such a case
forthwith.                                                                          the Principal of the college shall act as the Joint Secretary for the
                                                                                    aforementioned period ;
                                 CHAPTER XII                                               (iii) three members to be elected by secret ballot by the whole-time
                                                                                    teachers of the college from amongst themselves at a meeting of all such
        STATUTES   RELATING TO CONSTITUTION, POWERS AND FUNCTIONS
                                                                                    teachers convened for the purpose by the Principal of the college in the
             OF THE   GOVERNING BODIES OF AFFILIATED COLLEGES
                                                                                    manner as may be determined by him. The meeting shall be presided over
                      OTHER THAN GOVERNMENT COLLEGES
                                                                                    by the Principal, but he shall have no vote. Any decision at such a meeting
                                                                                    shall be taken by simple majority of votes. In the case of an equality of votes,
        St. 1 (G.B.) (1) These Statutes may be called the Statutes relating to      decision shall be taken by the drawing of lots in the manner as may be
    Short title and    Constitution, Powers and Functions of the Governing          deemed fit by the Principal;
    commencement       Bodies of Affiliated Colleges other than Government                 (iv) one member with administrative or teaching experience to be
                       Colleges;                                                    nominated by the State Government;
        (2) They shall come into force from such date as the State Government              (v) three members not belonging to the concerned college in any
may, under sub-section (5) of section 57 of the Act, appoint.                       capacity to be nominated by the concerned Council for Under-graduate
        St. 2 (G.B.) (1) In this Chaper, unless the context otherwise requires,     Studies, of whom one shall be a woman in the case of a women's college or
  Interpretation and words and expressions used shall be interpreted to have        a co-educational college;
       definition      the same meaning as they have in the Act;
                                                                                           (vi) unless the terms and conditions of any donation accepted before
                               (2) The     provisions of the Statutes, the          coming into force of the former Ordinances relating to Governing Bodies of
Ordinances, the Regulations and the Rules of the University, in so far as           Affiliated Colleges framed under the Burdwan University Act, 1959, require
they affect the matters provided herein, if in conflict with the provisions of      otherwise—
this Chapter, shall stand modified by the Statutes under this Chapter :
                                                                                           (a) one representative of the donors in case their number does not
        (3) “college” means a college affiliated to the University but shall not                 exceed five, or
include a Government College;
                                                                                           (b) two representatives of donors in the event their number exceeds
        *(4) “donor” in relation to a college means a person, or a Body or/an                    five, to be elected by the donors from among themselves by
Association who/which has made a donation to the college of a sum amounting                      secret ballot in the manner as may be determined by the Principal
to not less than rupees ten thousand or has made over to it a property which,                    of the college concerned :
in the estimation of the Executive Council, is of the said valuation.
                                                                                           Provided that no teacher or librarian or member of the non-teaching
        St. 3 (G. B.) (1) Every college shall have a Governing Body consisting             staff or student of the college who may be a donor shall be eligible
    Constitution of    of the following members, namely—                                   for election to the Governing Body thereof as donors' representative;
   Governing Body              (i) the President of the Governing Body, who                (vii) two representatives of the whole-time non-teaching employees of
shall be elected in the manner prescribed in paragraph (2) ;                        the college, to be elected by such employees from among themselves by
*      indicates the provisions of St. 2 (G. B.) (4) amended. [Amendment assented   secret ballot in the manner as may be determined by the Principal :
       by the Chancellor on 08.12.94]
                                      [ 133 ]                                                                               [ 134 ]
         Provided that, for the purpose of this clause, 'non-teaching employee'         vacancy, except in the case of the student representative, the out-going
         shall include members of the 'non-teaching staff' as also 'Librarians'         member shall continue as such :
         as defined in clauses 11 (b) and 13 (b) repectively of section 2 of the                Provided also that the Executive Council shall have the power to
         Act;                                                                           extend the life of the Governing Body of a college for such period as it may
         (viii) the General Secretary of the Students' Union of the college, ex-        consider necessary.
officio. In the event of there being no duly constituted Students' Union                        (ii) At least three months before the expiry of the term of office of any
functioning at a college, one representative of the students thereof shall be           elected or nominated member of the Governing Body of a college, the
elected by regular students from among themselves by secret ballot in the               Secretary or, in his absence, the President of the Governing Body shall take
manner as may be determined by the Principal.                                           necessary steps for filling up of the said vacancy.
         (2) (i) The President of the Governing Body of a college shall be                      (iii) A casual vacancy in the office of a member of the Governing Body
                         elected by the members referred to in clauses (ii) to (viii)   shall be filled by the authority/body/electorate entitled to fill it in the same
       Election of
        President
                         of paragraph (1) at a meeting of such members to be            manner of election or nomination, as the case may be.
                         convened for the particular purpose by the Principal of
                                                                                                (iv) A member nominated or elected to fill a casual vacancy, shall hold
the college and presided over by him;
                                                                                        office for the remaining period of the term of membership of the member in
         (ii) Half of the total number of the said members plus one shall form          whose place the vacancy has occurred.
a quorum for such a meeting. In case no consensus can be arrived at, the
                                                                                                (v) If a member of the Governing Body ceases to hold the position by
decision shall be taken by a majority of votes; and
                                                                                        virtue of which he was elected or nominated on the Governing Body, he shall
         (iii) The President of the Governing Body may or may not be elected from       cease to be the President or the Secretary or a member of the Governing Body,
amongst the members specified under clauses (ii) to (viii) of paragraph (1).            as the case may be, with effect from the date he ceases to hold such position.
         St. 4 (G. B.) A report on the formation of the Governing Body
                                                                                               (2) Any action taken by the Govening Body shall not be called into
     Report to the       containing the list of the members thereof including the
                         President as also any changes effected subsquently              Action of Government
       University                                                                        Body not to be called question or invalidated merely by reason of there
                         shall be submitted by the Principal to the Inspector of            into question or
Colleges forthwith.                                                                      invalidated by reason being a vacancy in the office of any member thereof.
                                                                                              of vacancies
         St. 5 (G. B.) Any dispute arising in connection with the election or
                         nomination of members of Governing Body of a college                  St. 7 (G. B.) (1) The Governing Body of every college shall be
 Disposal of disputes
                         including the President shall be referred to by the
                                                                                         Powers and functions reponsible for the proper management of the affairs of
Principal to the Inspector of Colleges who shall then place it before the               of the Governing Body. the college and may exercise all such powers and
Council for Under-graduate Studies and its decision thereon shall be final.                                   functions as may be necessary for the purpose.
         St. 6 (G. B.) (1) (i) The term of office of the representative of the                 (2) In particular, and without prejudice to the generality of the
  Term of office and students on the Governing Body shall be one year and                Proper management foregoing provision, the Governing Body of every
      filling up of      in respect of other members it shall be three years, from           of college
        vacancies        the date of election of the President :                                              college shall be responsible for ensuring—
         Provided that, in case of a duly constituted Students' Union                          (a) that the posts of teachers and non-teaching employees including
functioning at a college, the General Secretary thereof shall hold office as a            Creation of posts Librarian are created and appointments made thereto for
member of the Governing Body for a period of one year or till he ceases to                and appointments the imparting of instruction adequately and the
be the General Secretary, whichever is earlier :                                               thereto       operation of the college effectively;
         Provided further that during the period intervening between the expiry                (b) that the number of teachers, their qualifications and the method
of the term of office of any out-going member and the filling up of the                 of recruitment as also the conditions of their service are in accordance with
                                      [ 135 ]                                                                             [ 136 ]
   Recruitment of     the relevant law and/or the Statutes, the Ordinances and                (n) that review of results of the students presented by the college at
                      the Regulations of the University as may be in force
      teachers                                                                            Review of results the University examinations is made from time to time
                      from time to time;                                                                     and that measures are adopted for the maintenance of
       (c) that the laboratory and other instructional facilities available are        proper academic standard and improvement in the performance of the students.
     Laboratory       adequate for the instructional programme;                               (3) The Governing Body may appoint a Sub-committee for financial
        (d) that the buildings in which the college is located are suitable for        Governing Body may affairs and other Advisory Committees as it may
                         the purpose for which they are intended and are                   appoint Sub-    consider necessary for the efficient administration of
       Building
                         maintained at a satisfactory state of repairs and                committee and    the college. The Sub-committee for financial affairs shall
sanitation;                                                                            Advisory Committees
                                                                                                           be constituted from amongst the members of the
        (e) that the library is properly equipped with text and reference books        Governing Body. In the case of an Advisory Committee, persons other than
       Library           so as to cater to the requirements of the teachers and        the members of the Governing Body may be included. The Principal shall be
                         the taught;                                                   the Chairman of such Sub-committee or Advisory Committees.
        (f) that efforts are made to procure adequate financial resources of the              St. 8 (G. B.) (1) A meeting of the Governing Body shall ordinarily be
 Financial resources college necessary for efficient and effective operation of             Meetings of       held in the college premises;
                         the college;                                                     Governing Body      (2) The Governing Body shall ordinarily meet at least
        (g) that all information, returns, reports and other materials as may be
                                                                                       six times in a year;
Returns and Reports required by the University, the University Grants
                        Commission and the State Government are promptly                     (3) Half of the total number of members plus one shall form a quorum,
collected, prepared and made available to them;                                        provided that no quorum shall be required for an adjourned meeting;
        (h) that all ledgers, books of account, registers and all other records              (4) A meeting may not ordinarily be held during the Summer recess,
                      required to be maintained are always kept up-to-date;            the Winter recess or the Puja holidays;
      Records
                      (i) that due provision is made for the well-being of the                (5) A meeting of the Governing Body shall normally be convened by
   Well being of      students;
      students                                                                         the Secretary in consultation with the President. If at any time, there be no
                          (j) that discipline and cordial relation are maintained      Secretary or in case of temporary absence of the Secretary, the President
 Discipline & cordial among the students, teachers and non-teaching                    shall convene a meeeting. In the case of an ordinary meeting not less than
        relation          employees;                                                   7 days' notice shall be given to the members of the date fixed for such a
        (k) that proper assistance and facilities are provided to the Inspector        meeting, while in the case of an extra ordinary meeting 24 hours' notice shall
      Assistance to       of Colleges and other officials of the University as well    be given;
    Inspecting team as of the State Government while holding an inspection                    (6) The Secretary shall send copies of minutes of the previous meeting
                          or enquiry or while collecting information and data as
                                                                                       to the members along with the notice.
may be required;
        (l) that the directions issued by the University from time to time are                St. 9 (G.B.) If no meeting of the Governing Body is convened for a
     Compliance of         carried out and compliance therewith is reported                                   continuous period of four months, 50 percent of the
                                                                                         Requisition meeting.
    directions of the speedily to the University;                                                             total number of members on written requisition may
       University          (m) that all properties and funds of the college and        require the President or the Secretary, as the case may be, to convene a
                           those donated for the benefit of the college are properly   meeting and such requisition shall be complied within a fortnight from the
     Properties and
          Funds            controlled and administered; and                            date of receipt of such requisition :
                                    [ 137 ]                                                                             [ 138 ]
      Provided that while calculating 50 percent in the case of a Governing              St. 11 (G. B.) The Secretary to the Governing Body of every college
Body consisting of members of an odd number, the total number shall first             Functions of the  shall—
be reduced by one.                                                                    Secretary to the (a) Convene meetings, conduct the official
       St. 10 (G.B.) Notwithstanding anything contained elsewhere in                  Governing Body
                                                                                                       correspondence and maintain the records including the
   Special provision the Stautes under this Chapter, the special provisions        minutes or proceedings of meetings of the Governing Body;
regarding composition regarding composition of Governing Bodies
  of Governing Body as enumerated hereunder shall apply to certain                       (b) send to the University when called upon by the Executive Council
                                                                                   to do so, originals or certified copies of such records, correspondence,
colleges.
                                                                                   minutes or proceedings referred to in clause (a), as may be required by the
        (1) (a) In the case of a college established and administered by a         Executive Council; and
Registered Educational Society or a Trust Body and already granted
                                                                                          (c) operate the college funds jointly with the President or another
affiliation on that stipulation, the Governing Body shall be constituted in
                                                                                   member of the Governing Body as may be authorised by the Governing Body
accordance with the terms of the Memorandum & Articles of Association or
                                                                                   of the college.
the Deed of Trust, as the case may be :
                                                                                          St. 12 (G. B.) Notwithstanding the special provisions in regard to the
       Provided that the Governing Body of such a college shall also include
                                                                                     Provisions to cover composition of Governing Bodies in the case of certain
       the members as envisaged in clauses (iii), (iv), (v), (vii) and (viii) of
                                                                                         all colleges     colleges as envisaged in St. 10 (G.B.), the provisions of
       paragraph (1) of St. 3 (G.B.).                                                  irrespective of    the Statutes under this Chapter, in so far as they are
       (b) Within three months from the date of coming into force of the                  character       not inconsistent with the terms of the Memorandum &
Statutes under this Chapter, the Governing Body of a college, as envisaged         the Articles of Association or the Deed of Trust, as the case may be, shall
in sub-paragraph (a), shall be reconstituted accordingly.                          apply to all colleges.
       (c) Any notice in writing in this behalf shall be sent by the University            St. 13 (G. B.) Notwithstanding anything contained in the Statutes
to the Secretary or the President of the Governing Body of such a college                                under this Chapter, in the event of failure on the part
and in that case such notice shall be deemed to have been duly served on               Constitution of a
                                                                                    Governing Body shall of the State Government or the Council for Under-
the Governing Body of the college.                                                     be deemed to be graduate Studies to nominate any member or members
       (d) If the Governing Body of the such a college is not reconstituted              complete not    to the Governing Body of a college in terms of the
within the period referred to in sub-paragraph (b), the Executive Council may       withstanding vacancy provisions contained in clause (iv) or (v), as the case
                                                                                      in the category of
appoint an administrator to take over the management of the college. The                                 may be, of St. 3 (G.B.), the Governing Body of the
                                                                                     nominated member
administrator shall cause to be constituted a fresh Governing Body of the                                concerned college shall be deemed to have been duly
college within three months from the date of his appointment in accordance         constituted under the provisions of this Statute.
with the provisions of sub-paragraph (a).                                                 St. 14 (G.B.) If any doubt or dispute arises as to the interpretation or
       (2) Notwithstanding anything contained in paragraph (1), in the case            Decision of the    intention of any of the provisions of the Statutes under
of a college established and administered by a minority based on religion or         Executive Council this Chapter, or if any difficulty arises on an issue not
language and affiliated to the University under the stipulations as contained        shall be final and covered by the Statutes under this Chapter, the matter
in the Memorandum & Articles of Association or the Deed of Trust, as the                   binding        shall be referred by the Secretary or the President of the
case may be, the Governing Body of such a college shall be constituted in          Governing Body of the college to the Executive Council which shall take
accordance with the terms of the said Memorandum & Articles of                     appropriate measures for resolving the difficulty or settling the dispute and the
Association or the Deed of Trust, as the case may be.                              decision taken by the Executive Council in this regard shall be final and binding.
                                    [ 139 ]                                                                          [ 140 ]
                    THE UNIVERSITY OF BURDWAN                                             Provided that if the teacher began his service for the same or any
                                                                                  other post in the same cadre, his services shall be counted from the date of
       In exercise of the power conferred by section 21 read with section 47
and 48, of the Burdwan University Act, 1981 (West Ben. Act XXIII of 1981),        his joining the appointment as a temporary appointee, if there is no break in
the Executive Council of the Burdwan University hereby makes the following        service during the period preceding his permanent appointment.
amendments in the Burdwan University First Statutes (hereinafter refered to             Explanation : The following shall be treated as 'break' in service :
as the said Statutes).                                                                  (a) unauthorized leave of absence
                                                                                        (b) unauthorized absence in continuation of authorized leave of
                               CHAPTER XIII
                                                                                  absence.
       The Statutes relating to the Appointment and Terms and Conditions
                                                                                        St. 6 (T.A.C.) (1) A teacher shall be required to take classes, subject
of Services of Teachers of Affiliated Colleges other than Government
Colleges.                                                                            Hours of work     to the rules as are in vogue and as may be framed in
                                                                                                       this behalf by the University from time to time.
                                   PART I
                                                                                        (2) Teachers of a college shall effectively co-operate and assist,
        St. 1 (T.A.C.) These Statutes may be called the statute relating to the   whenever required, in carrying out the functions relating to the educational
    Short title and    Apointment and Terms and Conditions of Services of         responsibilities of the college (such as assisting in appraising applications
    commencement       Teachers of Affiliated Colleges other than Government
                                                                                  for admission, advising or counselling the students and assisting in
                       Colleges.
                                                                                  University and College examinations including supervision thereof).
        St. 2 (T.A.C.) In these statutes, unless the context requires
                       otherwise—(a) ''college" means an affiliated college,            Explanation : The expression ''shall effectively co-operate and
     Interpretation
                       including a Constituent or a Professional College but                          assist'' in relation to University examinations shall
does not include a Government College.                                                                for the purpose of these Statutes, mean to include
        (b) words and expressions used by not defined shall be interpreted                            compulsory and effective participation of Teachers,
to have the same meaning as they have in the Act.                                                     including Principals, of all affiliated colleges in all
                                                                                                      matters relating to such examinations if and when
                                  PART II                                                             their services are requisitioned by the University for
                                 GENERAL                                                              any purpose relating to such examinations.
        St. 3 (T.A.C.) Appointment of teachers (whole-time or part-time)                 (3) Every teacher and Principal of a college shall sign a daily
                      including Principals, of affiliated colleges other than     attendance register of the teacher maintained for the purpose. Such daily
      Appointment
                      Government colleges shall be made in accordance with        attendance of the teacher(s) shall be counter-signed by the Principal.
the provisions of the West Bengal College Service Commission Act, 1978                   (4) In particular and without prejudice to the foregoing provisions, a
(West Ben. Act LXII of 1978)                                                      teacher shall perform the following duties, namely—
        St. 4 (T.A.C.) The period of probation shall be determined in
                                                                                        (a)    to perform invigilation work in any examination for any course
       Probation      accordance with the provisions of the West Bengal
                      College Teachers (Security of Service) Act, 1975 (West                   of study taught in the college;
Ben. Act XLIV of 1975)                                                                  (b)    to draw routines;
        St. 5 (T.A.C.) In calculating the period of service of a teacher of             (c)    to carry out assignment for such field work as may be
   Commencement of college in any post for any purpose including the                           necessary for the courses taught in the college;
   period of service operation of a time scale of pay, services shall be
                      counted from the date of his joining the post on his              (d)    to assist the Principal with regard to admission of students;
first appointment as a probationer :
                                    [ 141 ]                                                                            [ 142 ]
       (e)    to participate in N.C.C., N.S.S. and Sports and Games for the                St. 12 (T.A.C.) (1) No whole-time teacher of a college shall be
              well-being of the students;                                                                permitted to accept any part-time assignment with or
                                                                                      Other employment
       (f)       to assist the Principal, in the management of Hostels and                               without remuneration in another college or elsewhere
                 Messes attached to the college or recognized by it;                except with the approval of the Governing Body of the college where he is
        (g)      to undertake the internal assessment of students; and              attached in the capacity of a whole-time teacher :
        (h)      to evaluate answer scripts of students for any examination               Provided that no whole-time teacher shall be permitted to accept more
                 conducted by the colleges and the University.                      than one part-time assignment under any circumstances.
        (5) The Principal of a college shall ordinarily take not less than four             (2) Any teacher contravening the provisions of this Statute shall be
periods of class work in a week in a subject taught in the college.                 liable to such disciplinary action as the Governing Body of the college where
        St. 7 (T.A.C.) A whole-time teacher of a college enjoying University        he is a whole-time teacher, may deem fit subject to the provision of statute
       Retirement
                         Grants Commission scale of pay as approved by the          14 of these Statutes.
                         State Government and introduced since 1st January,
1973 or any other scale of pay introduced by the State Government after 1st                St. 13 (T.A.C.) (1) Subject to the terms and conditions of any existing
January, 1973, shall retire from service with effect from the afternoon of the           Resignation
                                                                                                         contract, no permanent teacher of a college shall be
last day of the month in which the attains the age of superannuation, i.e.                               entitled to terminate his services by voluntary
completes the 60th year of age.                                                     resignation unless he submits in writing to the Principal a notice of his
        St. 8 (T.A.C.) (1) The salaries and scales of pay for whole-time            intention to resign and such notice shall be filed—
 Minimum emoluments teachers in a college, shall, in no case, be lower than                (a) In the case of a resignation at the end of an academic year, at
                         the minimum salaries and scales of pay as the State                   least one month in advance; or
Government may by order specify in respect of such teachers.
                                                                                           (b) in the case of a resignation at any other time, at least two months
        (2) The salary of a part-time teacher in a college shall, in no case, be
lower than the minimum salary as the State Government may by order specify.                    in advance.
Such a teacher shall take classes as the State Government may by order                     Provided that no teacher holding an appointment either on temporary
specify from time to time.                                                          basis or on probation shall be entitled to terminate his services by voluntary
        St. 9 (T.A.C.) When a teacher joins a college after resigning his post      resignation unless he submits in writing to the Principal a similar notice at
 Fixation of initial pay in another college, initial pay of such a teacher in the   least one month in advance :
    in certain cases     college which he so joins shall be fixed so as not to be
                                                                                           Provided further that in special circumstances the Governing Body
                         less than what he was receiving in the former college.
                                                                                    may, on the recommendation of the Principal, accept a notice of intention to
       St. 10 (T.A.C.) A temporary teacher who has worked in a college for          resign for a shorter period.
 Temporary teachers a period of not less than ten months continuously shall
not to be deprived of                                                                      (2) An contravention of the provisions of paragraph (1) shall, at the
    salary during     be entitled to draw his salary for the periods of Puja        discretion of the Governing Body, entail forfeiture of salary for the period
Holidays or recess in holidays, summer recess and winter recess, included           by which the notice falls short of the requirement of clause(a) or clause(b)
    certain cases
                      within this period or immediately following it.               of paragraph (1).
      St. 11 (T.A.C.) A Service Book, in such form as may be determined                   St. 14 (T.A.C.) Every teacher of a college shall be subject to such
   Service Book
                      with the approval of the State Government, shall be            Disciplinary action ''Disciplinary Rules'' as the Executive Council may
                      maintained for every teacher in a college, whether                                 determine, with the approval of the State Government.
whole-time or part-time.
                                     [ 143 ]                                                                             [ 144 ]
                                   PART III                                                  St. 19 (T.A.C.) The Principal of a college may, at his discretion, recall
                                     LEAVE                                            Re-calling from leave to duty, at any time, any teacher of the college who
                                                                                                            may be on leave, except on medical grounds.
        St. 15 (T.A.C.) (1) Leave of absence from duty cannot be claimed as                  St. 20 (T.A.C.) When a teacher of a college has been granted leave
    Leave not to be    a matter of right and may, on application by a teacher               Overstay        to which hoildays or recess has been affixed and such
  claimed as of night of a college, be granted only when satisfactory                                       a teacher absents himself from duty beyond the expiry
                       grounds have been shown. When the exigencies of               of such holidays or recess, the entire period of his absence from duty after
service so require, the authority competent to grant leave may refuse leave          the expiry of such holidays or recess, shall be treated as absence from duty
of any description or when any such leave is granted, revoke such leave or           without leave and he shall not be entitled to his salary or allowances for such
part thereof.                                                                        period unless and until the period is covered by the grant of appropriate
        (2) No teacher who is under suspension shall be granted any leave.           leave or the Governing Body of the college directs otherwise.
        (3) Absence without leave shall render a teacher subject to such                     St. 21 (T.A.C.) (1) Casual leave on full pay may be allowed to a
disciplinary action as may be provided in the ''Disciplinary Rules".                      Casual leave      teacher of a college up to a maximum of fifteen days in
        St. 16 (T.A.C.) All applications for leave or for extension of leave shall                          any one academic year but such leave shall not be
                                                                                     granted for more than five days at a time.
 Application for leave be made in writing and addressed by the teacher to the
                       Principal and sanction for the leave or extension of                  (2) Casual leave shall not be combined to the Puja holidays, the
leave applied for, as the case may be, shall be obtained before it is availed        Summer recess or the Winter recess or to any other kind of leave.
of :                                                                                         (3) Sundays or holidays (other than the Puja holidays, the Summer
        Provided that if the authority competent to grant the leave is satisfied     recess or the Winter recess) preceding, falling within or succeeding the
that it was not possible to apply for or to obtain the sanction for leave of         period of casual leave shall not be counted as part of casual leave.
absence beforehand, leave may be granted with retrospective effect; but all                  (4) All casual leave to which any teacher of a college may be entitled
applications for leave with retrospective effect shall be submitted at the           during any academic year shall cease to be due to him at the end of such
earliest possible opportunity.                                                       academic year and shall not be accumulated or carried over to the academic
        St. 17 (T.A.C.) (1) Leave shall ordinarily commence on the date with         year following.
   Duration of leave effect from which it is actually availed of and terminate               Explanation : For the purpose of this statute ''casual leave" means
                       on the day preceding the date of resumption to duty :         leave to which a teacher may be entitled in any academic year by virtue of
        Provided that Sundays and other holidays may be prefixed or affixed          his being a teacher and may be availed of by him for short period on account
to leave, so however, that for the purpose of prefixing or affixing to leave,        of illness or urgent private affairs.
holidays exceeding three days or the Puja Holidays, the summer recess or                     St. 22 (T.A.C.) (1) Every whole-time teacher of a college shall be
the winter recess, previous sanction of the authority competent to grant the                                entitled to avail leave on full pay (hereinafter referred
leave shall be obtained.                                                                  Earned leave
                                                                                                            to as earned leave) (a) the amount of earned leave
        (2) Except with the previous permission of the authority competent to        admissible to a whole-time teacher of a college shall be fifteen days for first
grant the leave, no teacher on leave shall return to duty before the expiry          seven years and thereafter thirty days for each completed year of his actual
of the period of leave granted to him.                                               service;
        St. 18 (T.A.C.) When a teacher of a college is absent on all the days                (b) earned leave may be accumulated and joined to any other kind of
     Computation of    of a week during which he has assigned duties,                leave except casual leave :
   absence in certain whether such days are consecutive or not, he shall be                  Provided that when the earned leave due at any time amounts to two
         cases         deemed to have been absent for all the days of the            hundred and forty days, the teacher concerned shall cease to earn at his
                       week.                                                         credit any further earned leave.
                                    [ 145 ]                                                                          [ 146 ]
       Explanation : ''actual service'' means the period which a teacher spends            (2) In the matter of sanctioning earned leave to a teacher exceeding
on actual duty and includes—                                                      fifteen days, the application for such leave shall be disposed of by the
       (i) the period covered by any casual leave but no other leave,             Governing Body of the College.
             granted to him;                                                               (3) Any application for leave by the Principal, except casual leave,
       (ii) the period of the Puja holidays, the Summer recess and the            shall be addressed to the President of the Governing Body of the college and
             Winter recess; and                                                   the same shall be placed before the Governing Body for disposal.
       (iii) the holidays except such holidays as may fall within the periods              (4) The President of the Governing Body shall be competent to
             as specified in (ii) above or casual leave or any other kind of      sanction casual leave to the Principal.
             leave that may be granted to him.                                             (5) The Governing Body of the college shall, unless provided
       (c) No part-time teacher shall be entitled to any earned leave.            otherwise, sanction other kinds of leave as envisaged in these statutes.
       (2) Earned leave may be granted for such reasons as may be                          St. 24 (T.A.C.) (1) Absence from duty of a whole-time teacher of a
considered by the authority competent to grant such leave which may                Absence on duty not college on account of academic work elsewhere
include—                                                                              to be counted as approved by the Governing Body of the college on
                                                                                       casual leave or   account of obligations in regard to the National Cadet
       (a) illness of the teacher concerned,
                                                                                        earned leave     Corps or the Social Service Camp or similar other
       (b) illness of a member of the family of such a teacher,                                          obligations shall be deemed to be on duty and such a
       (c) urgent private affairs, and                                            teacher shall not be required to apply for casual or earned leave for the
       (d) arrangements preparatory to retirement :                               period of duty so undertaken.
                                                                                           St. 25 (T.A.C.) Leave of absence from duty with full pay for a period
       Provided that—
                                                                                                         not exceeding twelve months may be granted to a
       (i) when earned leave is applied for on any of the grounds referred              Study Leave
                                                                                                         whole-time teacher of a college by the Governing Body
             to in clause (a) or clause (b) the application shall be              of the college for the purpose of enabling the teacher to acquire any
             acccompanied with a medical certificate from a registered medical    qualification which, in the opinion of the Governing Body, will enhance his
             practioner;                                                          efficiency as a teacher in the college and such leave shall be called study
       (ii) no teacher who has been granted earned leave under clause (a)         leave.
             on a medical certificate, shall return to duty without producing              St. 26 (T.A.C.) (1) A whole-time teacher of a college may be granted
             a medical certificate of fitness from a registered medical                                  leave for pursuing studies in an institution considered
             practitioner;                                                          Special study leave
                                                                                                         by the Governing Body of the college as suitable for
       (iii) the teacher of colleges who shall come under these Statutes for      the purpose, for such period ordinarily not exceeding two years during the
             the first time, shall be entitled to have at their credit on the     whole period of his service on conditions requiring the teacher to return to
             'appointed day' earned leave accruing at the rate of as specified    the college for a specified period of further service therein after the expiry
             in this statutes, up to the maximum of two hundred and forty         of the leave as, the Governing Body may deem fit. Such leave shall be called
             days.                                                                special study leave.
       St. 23 (T.A.C.) (1) The Principal of a college shall be competent                   St. 27 (T.A.C.) (1) Maternity leave may be granted to a whole-time
Authority for granting to sanction to a teacher of the college leave as               Maternity Leave    woman teacher of a college who has been in the
         leave         under :—                                                                          services of the college for at least nine months
                                                                                  preceding actual the date of confinement. The total period of such leave,
       (i) casual leave;                                                          including the period of confinement, shall be such as that State Government
       (ii) earned leave for any period not exceeding fifteen days at a time.     may, by order, specify from time to time.
                                      [ 147 ]                                                                              [ 148 ]
       The total period of such leave shall be subject to such adjustment in                  (2) the amount of leave on half pay admissible to a whole-time teacher
phases as may be required in any particular case in consideration of the               of a college shall be twenty days for each completed year of service.
actual date of confinement.                                                                  (3) Leave on half pay may be accumulated without any ceiling and
      Any application for maternity leave shall be accompanied with a                  combined with any other kind of leave except casual leave.
medical certificate from a registered medical practitioner.
                                                                                            (4) Leave on half pay may be availed of on private affairs as well as
       (2) Maternity leave may also be granted to a whole-time woman                   on medical ground only.
teacher of a college in cases of miscarriage, including abortion, for any
                                                                                              (5) Leave on half pay may be commuted and such commuted leave
medical ground as suggested by registered medical practitioner subject to
                                                                                       not exceeding half of the amount of leave on half pay due may be granted
the condition that in such a case, such leave shall not exceed forty five days
                                                                                       on medical ground only, on submission of certificate in this behalf from a
and that the application for leave shall be supported by a medical certificate
                                                                                       registered medical practitioner, subject to the following conditions—
from a registered medical practitioner.
                                                                                              (i) commuted leave out of the total accumulation of leave on half pay,
       (3) Maternity leave granted under paragraph (1) or (2) shall not be
debited against the leave account of the teacher concerned.                            shall be limited to a maximum of one hundred and eighty days during the
                                                                                       entire period of service of a teacher.
        (4) Leave of any other kind except casual leave may be granted in
combination with maternity leave, only if the application for the grant of such                (ii) when commuted leave is granted, twice the amount of leave on half
leave is supported by a medical certificate from a registered medical                  pay due shall be debited against the leave account. Provided that the leave
practitioner.                                                                          on half pay at the credit of a teacher shall not lapse except on the date of
                                                                                       his retirement from service.
       (5) Maternity leave as envisaged in paragraph (1) or (2) shall be
granted by the Principal.                                                                     (iii) teachers who are granted or who availed of commuted leave for
       St. 28 (T.A.C.) Leave of absence from duty may be granted to a                  the maximum period of one hundred and eighty days, referred to in (i) above,
                                                                                       shall be entitled to leave on half pay which remains due at credit, on half pay
  Quarantine Leave teacher of a college on full pay when he is directed by
                     the Principal of the college not to attend his duties on          only.
account of occurrence of any infectious disease in his family or household.                   (iv) Commuted leave may be combined with any other kind of leave
Such Leave may be granted, on production of a certificate from a registered            except casual leave : Provided that the period of commuted leave and earned
medical practitioner, for a period not exceeding twenty one days, or in                leave combined and sanctioned shall not exceed one hundred and eighty
exceptional circumstances, thirty days. Such leave shall be called quarantine          days on any one occasion.
leave and may be combined with any other kind of leave, except casual leave.                  St. 30 (T.A.C.) (1) Extra-ordinary leave without pay may be granted
Quarantine leave so granted shall not be debited against the leave account
                                                                                        Extra-ordinary leave to a whole-time teacher of a college when no other
of the teacher.                                                                                              leave is admissible to him or although other leave is
      Explanation : (i) In order to determine ''infectious disease'' for the           admissible, he applies in writing for the grant of extra-ordinary leave. Such
purpose of granting quarantine leave, the list maintained by the State                 leave may be granted for such period and on such terms and conditions as
Government indicating such diseases shall be followed;                                 the Governing Body of the college may deem fit.
      (ii) ''Chicken pox'' shall not be treated as an ''infectious disease'' for the          (2) The Governing Body may commute retrospectively in the case of
purpose of granting quarantine leave.                                                  any teacher any period of absence from duty without leave into extra-
       St. 29 (T.A.C.) (1) Every whole-time teacher shall be entitled to leave         ordinary leave.
  Leave on half pay   on half pay which may be commuted on medical ground                     (3) Except in the case of a permanent teacher, the duration of extra
                      only.
                                                                                       ordinary leave shall not exceed three months on any one occasion.
                                    [ 149 ]                                                                            [ 150 ]
       (4) Unless, in consideration of the special circumstances of any                   St. 35 (T.A.C.) (1) A part-time teacher of a college shall be entitled
particular case the Governing Body of a college decides otherwise, a teacher       Leave admissible to a to the following kinds of leave :
shall be deemed to have ceased to be in the service of the college after he          part-time teacher          (a) casual leave for ten days in an academic
has been continuously absent from duty for a period of five years.                 year; and
       St. 31 (T.A.C.) (1) Any teacher of a college who may be required by                (b) extra-ordinary leave without pay for such period as may be
                                                                                   determined by the Governing Body of the college in consideration of the
 Compensatory leave the Principal in the interests of the college, to work
                     during holidays or recess, except for college or              special circumstances of any particular case.
University examination duties, shall be entitled to leave of absence from duty            (2) No other kind of leave shall be admissible to a part-time teacher
for such number of days as may be determined by the Principal.                     of a college.
       (2) Any leave granted under paragraph (1) shall be on full pay and                 St. 36 (T.A.C.) (1) Cash equivalent to a maximum of two hundred and
shall be called compensatory leave.                                                   Leave Salary and forty days of accumulated Earned Leave shall be termed
                                                                                       Cash equivalent as Leave Salary, which shall become payable as one
       St. 32 (T.A.C.) (1) At the request of a teacher of a college the
                                                                                                           time settlement on attaining the age of retirement on
 Conversion of leave Governing Body of the college may, by order, convert          superannuation.
                     any kind of leave already granted into leave of a
                                                                                          Provided that for calculating the ''Leave Salary", the basic pay,
different kind, which may be admissible, with effect from such date as may
                                                                                   dearness pay, personal pay and dearness allowances, as may be admissible
be specified in the order; but a teacher shall not be entitled to claim such
                                                                                   on the date of retirement/ superannuation/termination, shall be taken into
conversion of leave as a matter of right.                                          acount.
       (2) If one kind of leave is converted into another, the amount of leave            (2) "Leave Salary" subject to maximum of two hundred and forty days'
salary admissible shall be re-calculated and the arrears of leave salary shall     Earned Leave at credit shall also become payable in the following cases :
be paid to, or, as the case may be, amounts overdrawn shall be recovered                  (i) in the die-in harness case to the nominee(s) or the legal heir(s) of
from, the teacher concerned.                                                       the deceased;
       St. 33 (T.A.C.) Except as othewise specifically provided in these                  (ii) in the case of termination of service by notice or otherwise.
     Combination of      Statutes, any kind of leave may be granted in
                                                                                          (iii) in case of Voluntary retirement, duly permitted by the competent
different kinds of leave combination with or in continuation of any other kind
                                                                                   authority.
                      of leave, other than casual leave.
                                                                                          (iv) in case of retirement due to invalidation;
      St. 34 (T.A.C.) (1) Save as hereinafter provided, the provisions of
                                                                                          (v) in case of resignation or quit of service before completing fifteen
   Application and these Statutes relating to leave shall apply to all whole-      years of continuous service, the incumbent concerned shall be entitled to
      savings      time teachers of colleges whether appointed before or           cash equivalent in respect of Earned Leave at his credit on the date of
                   after the commencement of these Statutes.                       cessation of service to the extent of half of the accumulated amount, subject
       (2) If any such teacher of a college, on the date of the commencement       to maximum of one hundred and twenty days.
of these Statutes is in actual enjoyment of more liberal terms regarding leave,           St. 37 (T.A.C.) A leave account shall be maintained by the Principal
such a teacher shall continue to enjoy the same;                                       Leave Account     of the college for every teacher thereof.
       Provided that, in such a case the teacher shall exercise, within a period
                                                                                         St. 38 (T.A.C.) (1) A teacher appointed on substantive basis to any
of three months from the date of commencement of these Statutes, an option
                                                                                           Lien        permanent post shall acquire a lien on that post and
either to come under these Statutes or to remain under the old rules. The                              shall cease to hold any lien previously acquired on any
option so exercised shall be final and binding and shall not be changed            other post.
thereafter, under any circumstances.
                                    [ 151 ]                                                                          [ 152 ]
      (2) The lien on a permanent post which he holds substantively shall                St. 39 (T.A.C.) Every college shall abide by the pattern of holidays
be suspended if the teacher is appointed in a substantive capacity—                                     and recess as may be determined by the University from
                                                                                      Working days,
       (a) to a tenure post, or                                                    holidays and recess
                                                                                                        time to time. During the period of recess, only classes
                                                                                                        shall remain suspended. The minimum number of
       (b) to a permanent post outside the cadre on which he is borne.
                                                                                  working days in a college in an academic year shall be determined by the
       (3) The lien may also be suspended if the teacher concerned is             Executive Council from time to time. The academic session of a college shall
deputed outside India or joins a foreign service under any Government in the      commence from the first day of July of every year and end on the thirtieth
interest of the State or on his own, or, in the circumstances not covered by      June of the year following. An academic session shall be divided into three
the provisions of sub paragraphs (a) and (b) above, is transferred, whether       different terms as follows :—
in a substantive or officiating capacity, to a post in another cadre, and if in
any of these cases, there is reason to believe that he will remain absent from                                    First Term
the post on which he holds lien for a period of not less than four years.
                                                                                        The first term of a college shall commence from the first day of July
       (4) If a teacher is appointed substantively and confirmed to another
                                                                                  of every year and shall close on the day from which the Puja holidays
permanent post either in the college or outside, his lien on the permanent
                                                                                  commence.
post held earlier in the college shall be terminated, unless he indicates in
writing his refusal to accept the appointment so made substantively in                                           Second Term
another permanent post. In such an event, the teacher concerned shall
immediately report back to duty in the post on which he held lien.                       The second term shall commence from the date of re-opening of the
                                                                                  college after the Puja holidays and shall continue till the Winter recess
       (5) A teacher holding a substantive appointment in a college may be
                                                                                  begins.
granted lien on his permanent post if he applies for the grant of lien
consequent upon his obtaining an appointment either in another college or
                                                                                                                  Third Term
in any other establishment :
       Provided that such a teacher shall submit the letter of appointment               The third term shall commence from the date of re-opening of the
offered to him showing the nature of appointment and other terms and              college after the Winter recess and shall continue till the Summer recess
conditions of service in the new establishment.                                   begins.
       (6) The period of lien shall initially be for a period of one year which
may be renewed or extended if the teacher concerned is not confirmed in his                                       PART IV
services in the new establishment within that period :                                                        PROVIDENT FUND
      Provided that the total period of lien so granted shall not ordinarily
                                                                                        St. 40 (T.A.C.) (T.A.C.) Every whole-time teacher of a college shall
exceed two years.
                                                                                                      subscribe to the college provident fund subject to such
       (7) The lien of a permanent teacher shall continue when the services         Provident Fund
                                                                                                      rules as may be framed in this behalf by the State
of such a teacher are requisitioned and he is permitted by the college to         Government from time to time.
accept any Government or Semi-Government or contractual or tenure
                                                                                        St. 41 (T.A.C.) If any controversy arises in interpreting any of the
appointment or a tenure post in a Statutory Organization, Board or Council
as approved by the Government or a University, in the interest of the public             General       provisions of these Statutes, the matter shall be
service or of the State or the University.                                                             referred to the University for interpretation.
                                    [ 153 ]                                                                           [ 154 ]
  STATUTES RELATING TO THE APPOINTMENT AND TERMS AND CONDITIONS           OF              St. 3 (L & NT) In these Statutes, unless the context requires otherwise,
      SERVICE OF LIBRARIANS AND NON-TEACHING STAFF OF COLLEGES,                      Interpretation and           (a) the words and expressions used but not
                   OTHER THAN GOVERNMENT COLLEGES                                         definition       defined shall be interpreted to have the same meaning
                                                                                                           as they have in the Burdwan University Act, 1981
        In exercise of the power conferred upon it by clause (o) of section 47,
                                                                                  (West Bengal Act XXIII of 1981);
read with section 48, of the Burdwan University Act, 1981 (West Bengal Act
XXIII of 1981) the University makes the following Statutes :                              (b) ''employee'' in relation to the college means any person employed
        The Statutes relating to Appointment and Terms and Conditions of          by the college as Librarian and Non-teaching staff, against regular sanctioned
Service of Librarians and Non-teaching staff of colleges affiliated to the        post;
University, other than Government colleges.                                               (c) ''year" means the period commencing from the first day of July and
        St. 1 (L & NT) (1) These Statutes may be called the Statutes relating     ending on the 30th of June following;
                        to Appointment and Terms and Conditions of Service                (d) ''month'' means a calendar month unless otherwise specified or
       Short title,
  commencement and of Librarians and Non-teaching staff of colleges               made clear by the context. In calculating a period expressed in months and
      application       affiliated to the University, other than Government       days, complete calender month, irrespective of the number of days in each,
                        colleges.                                                 should first be calculated and the odd number of days be calculated
        (2) This Statute shall come into force at once; paragraphs (7) and (8)    subsequently;
of Statute 12 shall be deemed to have come into force on the 1st Day of                   (e) ''compensatory allowance'' means an allowance granted to meet the
November, 1989; and the remaining provisions of these Statutes shall come         personal expenditure necessitated by special circumstances in which duty is
into force on such date as may be notified by the Executive Council.              performed;
        (3) They shall apply to all Librarians and Non-teaching staff of                  (f) ''duty'' means and includes what an employee is bound or required
colleges affiliated to the University, other than Government colleges.            to do by the terms of his appointment and such other assignments as may
        St. 2 (L & NT) For the purpose of these Statutes, the Librarians and      be alloted to him from time to time by the Appointing Authority;
    Classification of   the Non-teaching staff shall be classified as follows :           (g) ''leave'' means the privilege allowed to an employee of being
       employees        (a) Librarian, Deputy Librarian, Assistant Librarian      absent from duty;
                        and such other equivalent posts as may be sanctioned              (h) ''holiday'' means (i) a Sunday, or (ii) a holiday prescribed and
        by the State Government;                                                  notified as such by the competent authority;
(b)     (i)      Office Superintendent, Cashier, Accountant, Head Clerk, Senior           (i) ''competent authority" means the Authority or Governing Body or
                 Assistant/Upper Division Clerk/Senior Clerk and such other       Administrator or Principal or any other person authorised specifically for the
                 equivalent posts as may be sanctioned by the State Government;   purposes of these Statutes;
        (ii)     Assistant/Office Assistant/Clerk/Lower Division Clerk, Library           (j) ''actual service'' of an employee for the purpose of calculation of
                 Assistant, Laboratory Assistant/Laboratory Instructor, Store     leave means the period which he spent on duty and also includes—
                 Keeper, Caretaker, Stenographer, Typist, Record Keeper,
                                                                                          (i)      the period covered by any Casual Leave and Compensatory
                 Collection Clerk and such other equivalent posts as may be
                                                                                                   Leave but no other leave granted to him;
                 sanctioned by the State Government;
                                                                                          (ii)     the Puja holidays; and
        (iii)    Driver, Loboratory Attendant, Skilled Bearer, Electrician,
                 Mechanic, Carpenter, Unskilled Bearer, Messenger Peon, Office            (iii)    the college holidays except such holidays as may fall within
                 Peon, Durwan, Night-Guard, Sweeper and such other                                 the Puja holidays and any other leave that may be granted to
                 equivalent posts as may be sanctioned by the State                                him;
                 Government;                                                              (k) ''lien" means the title of an employee to hold substantively, either
(c)     any other category of Non-teaching staff.                                 immediately or on the termination of a period, or periods of absence, a
                                    [ 155 ]                                                                            [ 156 ]
permanent post under the college to which he has been appointed                     letters of appointment on behalf of the college on the recommendation of the
substantively;                                                                      concerned Standing Committee for selection, to be constituted by the
        (l) ''officiating to a post'' means performing the duties of that post      Governning Body of the college in the manner laid down in clause (a) and
during temporary vacancy for any period caused by the non-availability of           (b) of paragraph (1) of St. 5 (L & NT).
the permanent incumbent owing to some reason or other;                                     St. 5 (L & NT) (1) The following shall be the Standing Committee for
        (m) ''permanent post" means a post sanctioned without limit of time           Standing Committee the purpose of selection of candidates for appointment
and declared as such, carrying a time scale of pay;                                       for selection
                                                                                                          to the posts as mentioned in St. 2 (L & NT) :
        (n) ''pay'' means the amount drawn monthly by an employee as pay
                                                                                    (a)    in respect of the posts envisaged in clause (a) of St. 2 (L & NT),
including Special Pay, Dearness Pay and Personal Pay in terms of his
employment and conditions of service;                                                      (i)    the Principal/Teacher-in-charge of the College—Convener;
        (o) ''substantive pay" means the pay of the permanent post which an                (ii)   one nominee of the Director of Public Instructions, West
employee holds substantively but does not include Special Pay, Personal                           Bengal;
Pay or Dearness Pay which an employee is entitled to for his appointment                   (iii)  an expert in Library Science to be nominated by the Vice-
to a permanent post substantively;                                                                Chancellor;
        (p) ''special pay" means an addition of the nature of pay to the                   (iv)   one Reader/Lecturer (Selection Grade) of the college to be
emoluments of the employee in consideration of (i) the specially arduous                          nominated by the Governing Body;
nature of duties, or (ii) a specific addition to the work or responsibility;        (b)    in respect of the posts envisaged in sub-clauses (i) and (ii) of clause
        (q) ''subsistence grant" means a monthly grant to an employee who                  (b) of St. 2 (L & NT),—
is not in receipt of pay or leave salary during the period of suspension;                  (i)     the President, Governing Body of the College—Chairman;
        (r) ''personal pay'' means an additional pay granted to an employee                (ii)    the nominee of the State Government on the Governing Body;
either to save him from loss of substantive pay or on the basis of individual
                                                                                           (iii)   one nominee of the Executive Council of the University
and personal consideration on merits;
                                                                                                   (hereinafter referred to as the Executive Council);
        (s) ''probationer" means a person appointed on probation against a
                                                                                           (iv)    one teacher—nominee of the Governing Body of the college;
substantive vacancy;
                                                                                           (v)     the Principal/Teacher-in-charge of the college Member-
        (t) ''temporary post'' means a post sanctioned for a limited period and
                                                                                                   Convener.
declared as such;
                                                                                           (2) In the matter of prescribing minimum qualifications, determining
        (u) ''medical certificate'' means a certificate from a registered Medical   the manner of inviting applications through newspaper advertisement, and
Practitioner recognized by the State Government;                                    observing the procedure of marking the candidates in respect of the posts
        (v) ''University'' means the University of Burdwan.                         envisaged in clause (a) of St. 2 (L & NT), the orders of the State Government,
        St. 4 (L & NT) In these Statutes, the Appointing Authority means,           as may be issued from time to time, shall be followed.
                         the Governing Body/Adhoc Governing Body/                          (3) In the case of a college where an Administrator has been appointed
      Appointing
        authority
                         Administrator of affiliated colleges empowered to make     or an Adhoc Governing Body has been constituted by the University in
                         appointment to posts referred to hereinabove or such       place of the Governing Body, the Administrator/President of the Adhoc
other posts as may be created from time to time in accordance with the rules        Governing Body shall be the Chairman-Convener of the Standing Committee
or orders as may be made and/or issued by the State Government in this              and the Teacher-Member to serve on the said Committee shall be nominated
behalf :                                                                            by him and the Principal/Teacher-in-charge shall be a Member of the said
        Provided that the Principal/Teacher-in-charge/Secretary to the              Committee. There shall be one nominee of the State Government and one
Governing Body/Administrator of affiliated colleges shall sign and issue all        nominee of the Executive Council in such a Committee :
                                    [ 157 ]                                                                              [ 158 ]
        Provided that where no Teacher has been appointed substantively,                  (d)       The recommendation of the Standing Committee shall be placed
        inclusion of the Teacher-Member to the Standing Committee shall not                         before the Governing Body of the College for approval and on
        be obligatory.                                                                              being approved by it, letter(s) of appointment shall be issued
        (4) In the absence of the President of the Governing Body of the                            by the Appointing Authority.
college at a meeting, the members present shall elect a Chairman from                      (e)      In the case of any dispute arising between the Standing
amongst themselves.                                                                                 Committee and the Governing Body of the College in regard to
        (5) Three members of the Standing Committee shall form a quorum.                            the recommendation made by the former, the Governing Body
                                                                                                    shall refer back the recommendations to the Standing
        (6) The term of office of nomimated members of the Standing
                                                                                                    Committee with its observations. If the Standing Committee
Committee shall be two years from the date of nomination.
                                                                                                    reiterates its earlier recommendations and the Governing Body
        St. 6 (L & NT) (1) (a) Whenever a vacancy occurs in any post, not                           does not accept the same on reconsideration, the matter shall
     Vacancies to be
                       being a promotional one and other than the posts                             be referred to the University and the decision of the Executive
  notified and powers mentioned in clause (a) of St. 2 (L & NT), the Principal                      Council in this regard shall be final and binding.
    and Functions of of the college shall arrange for getting such vacancy                 St. 7 (L & NT) (1) Whenever a permanent vacancy occurs in any of
  Standing Committee notified through newspaper advertisement and
                       notification in the College Notice Board with intimation     Promotion and direct the posts referred to in sub-clause (i) of clause (b) of
to the local Employment Exchange inviting aplications in such form as may           recruitment and letter Statute 2, such vacancy shall normally be filled up by
                                                                                      of appointment on promotion from amongst the employees holding any of
be prescribed by the appointing authority under Statute 4 (L & NT) :
                                                                                          probation          the posts referred to in sub-clause (ii) of clause (b) of
        Provided that in the case of a vacancy arising in a promotional post,                                the said Statute. In the matter of such promotion,
        the said vacancy shall be notified internally and circulated to all        efficiency, seniority including academic qualification, character rolls and
        concerned.                                                                 attendance shall have to be taken into consideration :
        (b)    The necessary qualifications required for appointment to                    Provided that in case no suitable candidate for such promotion is
               different non-teaching posts under these Statutes, other than               available, such permanent vacancy shall be filled up by direct
               the posts mentioned in clause (a) of St. 2 (L & NT) (a), shall              recruitment in accordance with the procedure laid down for the
               be such as may be determined by the appointing authority,                   purpose in Statute 5 and Statute 6.
               subject to such orders as may be issued by the University and
                                                                                           (2) Whenever a permanent vacancy occurs in any of the posts
               the State Government in this behalf.
                                                                                   referred to in sub-clause (iii) of clause (b) of Statute 2, in the matter of filling
(2)     (a)    All matters pertaining to processing of applications, procedure     up of such vacancy, the procedure as laid down under Statute 5 and Statute
               and mode of selection shall be determined by the concerned          6 for direct recruitment shall be followed.
               Standing Committee at its meeting convened for the purpose :
                                                                                           (3) (i) An employee appointed against a permanent vacancy shall be
        Provided that in determining the procedure and mode of selection to        on probation ordinarily for a period of one year from the date of such
        the posts mentioned in clause (a) of St. 2 (L & NT), the provisions        appointment and the said period of probation may, at the discretion of the
        of paragraph 2 of St. 5 (L & NT) shall be followed.                        appropriate authority of the College, be extended for a further period not
        (b)    In the case of selection to the post(s) mentioned in sub-clauses    exceeding one year.
               (i) and (ii) of clause (b) of St. 2 (L & NT), and requiring                 (ii) If, at any time during the period of probation, the probationer's
               specialised technical expertise in the field, the presence of the   work is not considered satisfactory, the probationer shall be discharged by
               nominee of the Executive Council shall be necessary.                the concerned authority.
        (c)    All appointments to the permanent and regular vancancies                    (iii) On satisfactory completion of the period of probation to be
               shall be made on the basis of the recommendation of the             supported by the report drawn in respect of the employee in Form No. 4
               concerned Standing Committee.
                                     [ 159 ]                                                                             [ 160 ]
appended to these Statutes, the conerned employee shall be confirmed with                    (4) An increment shall ordinarily be drawn unless withheld as a penal
effect from the date of his appointment on probation by an order in writing          measure. When an efficiency bar has been prescribed in a time scale, the
made by the Governing Body of the College in this behalf and the fact of             increment next above the said bar shall not be allowed without the specific
such confirmation shall be communicated to the employee concerned :                  sanction of the Appointing Authority.
       Provided that if, on the completion of the period of probation, no such               (5) Officiating or temporary service in another post including leave,
        order of confirmation is made and communicated to the person                 other than extraordinary leave without pay, shall count towards increment in
        concerned within a period of two months of the completion of the             the time scale applicable to the post on which the person concerned holds
        period of probation, the person conerned shall be deemed to have             a lien.
        been confirmed with effect from the date of his appointment on                       (6) All kinds of leave with pay (full pay or half-pay) will count towards
        probation.                                                                   increment in the time-scale applicable to a post which an employee holds in
        St. 8 (L & NT) In observing the procedure of filling up the posts            a substantive, officiating or temporary capacity.
    Reservation for     mentioned in Statute 2, either by direct recruitment or              (7) When an employee carries on, in addition to his own duties, the
   SC/ST candidates by promotion, the principal of reservation of post for           duties of a post belonging to a category higher than that on which he holds
                        Scheduled Caste and Scheduled Tribe candidates shall         a substantive appointment, he shall draw an additional 1/5th of pay of the
be followed, as far as practicable, as per orders issued by the State                minimum of the scale of pay of that higher post, provided he carries on such
Government in this behalf from time to time.                                         duties for a period of not less than one month.
        St. 9 (L & NT) (1) An employee shall begin to draw the pay and                       (8) An employee of a Department or Branch of a Department
       Pay and         allowances attached to a post to which he has been            discharging the duties of another employee belonging to the same
      allowances       appointed with effect from the date he assumes the            classification, shall not be entitled to any additional remunaration for such
                       duties of that post and shall cease to draw the same          duties.
when he ceases to discharge the duties.
                                                                                             St. 10 (L & NT) An employee on substantive appointment to a
        (2) Unless otherwise provided in a contract, in the case of first                                   permanent post acquiries a lien on that post and ceases
appointment to a post, the pay shall be fixed at the minimum of the time-scale               Lien
                                                                                                            to hold any lien previously acquired on any other post.
applicable to that post :
                                                                                             St. 11 (L & NT) (1) Leave shall be admissible to an employee on the
       Provided that an employee of the collegs who, while having a lien on                                 basis of his actual service only and leave of absence
        a permanent post, is appointed to officiate to a higher post in that             Leave not to be
                                                                                       claimed as of right from duty cannot be claimed as a matter of right and
        college, shall be eligible to draw in that higher post as initial pay, the                          may on application by an employee of the college, be
        pay at the stage of the time-scale of pay of the higher post next above      granted only when satisfactory grounds have been shown. When the
        his substantive pay in his substantive post :                                exigencies of service so require, the authority competent to grant leave may
       Provided further that if he has on any previous occasion held                 refuse leave of any description except leave granted on medical ground or
        substantively or officited to the same post or to a post in the same         when such leave is granted revoke such leave or part thereof.
        or identical time scale, his initial pay shall not be less than the pay,             (2) No employee who is under suspension shall be granted any leave.
        other than Special Pay or Personal Pay, which he drew on last such
                                                                                             (3) Absence without leave shall render an employee subject to
        occasion.
                                                                                     disciplinary action envisaged under Statute 30.
        (3) An employee promoted to a post either substantively or in an
                                                                                             St. 12 (L & NT) (1) (a) Leave shall ordinarily commence on the date
officiating capacity may, at his option, retain his old pay until the date on
which he has earned his next or any subsequent increment in the old scale            Duration and general with effect from which it is actually availed of and
                                                                                       conditions of leave terminate on the date preceding the date of resumption
and until he vacates his post or ceases to draw pay in that time scale. The
                                                                                                             to duties :
option once exercised shall be final and binding.
                                   [ 161 ]                                                                            [ 162 ]
      Provided that Sundays and other holidays (not exceeding 3 days at                  *(7) An employee shall cease to earn 'Earned Leave' when the leave
      a stretch) may be prefixed and/or affixed to leave. Prior sanction of the   earned and due to his credit amounts to 240 days.
      authority competent to grant leave shall have to be obtained in a case             (8)    *(a) Cash equivalent to leave salary subject to a maximum of
      where the total number of holidays to be prefixed/affixed to the leave                         240 days’ Earned Leave standing at the credit of an
      prayed for exceeds 3 days.                                                                     employee shall become payable in one lump sum as a one-
                                                                                                     time settlement to the employee on his attaining the age
       (b) When the day which immediately precedes the day on which an
                                                                                                     of retirement on superannuation, provided, however, that
employee's leave commences or which immediately follows the day on which                             such leave may be availed of by the concerned employee
his leave is due to end is a holiday or is included in a series of holidays,                         either wholly or partly, as preparatory to retirement in lieu
such holidays may be combined with the leave and he may be permitted, as                             of encashment.
the case may be, to relinquish his duties and leave his station at the close                    *(b) Cash equivalent to leave salary subject to a maximum of
of the days preceding such holidays or to return to his station and resume                           240 days, Earned Leave at credit shall also become
his duties on the forenoon of the day following such holiday(s).                                     payable in the following cases :
       (2) When an employee is permitted under sub-paragraph (b) of                                  (i) in the case of death of the employee while in service,
paragraph (1) to combine leave with any holiday(s), his leave shall be deemed                              to his nominee(s) of the Provident Fund or in the
to commence or end, as the case may be, on the date on which it would have                                 absene of any such nominee, to the legal heir(s) of
commenced or ended, had it not been combined with such holiday(s).                                         the deceased;
       (3) Except with the previous permission of the competent authority no                         (ii) in the case of termination of service of an employee
                                                                                                           by notice or otherwise, in accordance with the terms
employee on leave shall return to duty before the expiry of the period of
                                                                                                           and conditions of his appointment;
leave granted to him.
                                                                                                     (iii) in the case of retirement form service on invalidation;
       (4) No employee who has been granted leave on medical ground shall                            (iv) in the case of voluntary retirement, as may be
return to duty until he produces a Medical Certificate of fitness, acceptable                              permitted by the competent authority;
to the competent authority.                                                                          *(v) in the case when an employee resigns or quits the
       (5) Holiday(s) may be permitted to be combined with leave by the                                    services of the college before completing fifteen
competent authority, but if any holiday falls between two periods of leave                                 years of uninterrupted service, he shall be entitled to
so as to result in a continuous period of absence from duty over the entire                                cash equivalent in respect of Earned Leave at his
period, it shall be treated as part of the leave :                                                         credit on the date of cessation of service to the
                                                                                                           extent of half of the amount of such leave at his
       Provided that in the case of Casual Leave, the intervening Sunday(s)
                                                                                                           credit, subject to a maximum of 120 days.
or holiday(s) shall not be part of the leave, but the total period of absence
                                                                                         (c) For the purpose of calculating 'Leave Salary' on retirement, the
from duty of an employee including the intervening Sunday(s) or Holiday(s)
                                                                                  basic pay, dearness pay, personal pay and dearness allowances as may be
shall not exceed consecutive five days.
                                                                                  admissible on the date of retirement/superannuation/termination shall be
       (6) An employee, who remains absent from duty for any period after         taken into account.
the end of the period of any leave granted to him, shall be deemed to be                 (9) No wholetime employee shall, while on leave or enjoying
absent without leave during such period and shall not be entitled to any          holiday(s), accept any salaried appointment or undertake any remunerative
leave or other salary for the period of such absence unless his leave is          work other than work in connection with any examination conducted at the
extended by the competent authority so as to cover the total period of            college, unless the competent authority has permitted to do so.
absence. Wilful absence from duty after the expiry of leave may be treated
as misconduct calling for disciplinary action.                                    *    indicates the provisions of St. 12 (L & NT) (7), 8(a), 8(b), 8(b)(v)
                                                                                       amended [Amendment assented to by the Chancellor on 30.10.2003]
                                   [ 163 ]                                                                         [ 164 ]
       (10) Unless in consideration of the special circumstances of any                St. 13 (L &NT) Subject to the general principles enunciated in the
particular case, the Governing Body decides otherwise, an employee shall be         Different kinds   foregoing Statutes, the following kinds of leave may be
                                                                                        of leave      granted to the employees :—
deemed to have ceased to be in the service of the college after he has been
continuously absent from duty for a period of five years.                              (a)    Casual Leave;
       (11) Subject to the provisions of Statute 22 and statute 23, the total          (b)    Earned Leave;
period of continuous leave excluding extraordinary leave without pay granted           (c)    Half Pay Leave;
to an employee other than on medical ground, shall not exceed twenty-four              (d)    Extraordinary Leave (without pay);
months.                                                                                (e)    Maternity Leave;
       (12) A leave account for other kinds of leave, except Casual Leave,             (f)    Quarantine Leave;
shall be maintained in Form No. 1 appended to these Statutes and the leave             (g)    Leave Preparatory to Retirement;
account in respect of every employee shall be maintained according to the
                                                                                       (h)    Compensatory Leave;
prescribed form. The Principal shall be responsible for its proper
maintenance.                                                                           (i)    Special Leave;
                                                                                       St. 14 (L & NT) (1) Casual Leave on full pay may be allowed to an
       (13) In respect of Casual Leave, an account shall be maintained by the
                                                                                                    employee upto a maximum of fourteen days in a year but
Principal in Form No. 2 appended to these Statutes.                                Casual Leave
                                                                                                    subject to the provision of paragraph (5) of Statute 12,
      (14) Every application for leave shall be made in writing.                such leave shall not to be granted for more than five days at a time. Such
     (15) No leave shall be availed of before it has been granted by the        leave shall not also accumulate nor shall it be availed of in combination with
competent authority :                                                           the Puja Holidays or any other kind of leave.
      Provided that when an employee is compelled by unavoidable                       (2) All Causal Leave to which an employee may be entitled during any
                                                                                year shall cease to be due to him at the end of the said year and shall not
      circumstances to absent himself from duty before he has been granted
                                                                                accumulate or be carried over to the year following.
      leave, he shall forthwith report the full facts of the case to the
      competent authority and apply for leave if he has not done so already.           St. 15 (L & NT) (I) Every employee of a college shall be treated as
                                                                                                    a non-vacation member of staff and such wholetime
       (16) If an employee is absent from duty without having been granted        Earned Leave
                                                                                                    employee shall earn Earned Leave at the rate of one-
leave or without previous permission of the competent authority, or if he       eleventh (1/11th) of the period of his actual service rendered.
defaults without sufficient reason in reporting his absence from duty as               (2) Earned Leave may be accumulated and joined to any other Kind
required under paragraph (15), the competent authority may refuse him any       of leave except Casual Leave :
leave he may have applied for or may treat the period of such absence of
                                                                                       *Provided that when the Earned Leave standing at the credit of an
duty as extraordinary leave without pay.                                        employee amounts to 240 days, he shall cease to earn, or to have at his credit
       (17) An employee, on his resumption to duties from any kind of leave,    any further Earned Leave.
other than Casual Leave, shall report in writing the matter of resumption to           (3) The maximum amount of Earned Leave as may be granted at a time
duties forthwith to the leave sanctioning authority.                            to an employee shall normally be restricted to 60 days.
       (18) If an employee deliberately violates any of the provisions of
these Statutes providing for leave without sufficient reason, he shall be
                                                                                *       indicates the provisions of proviso to cl. (2) of St. 15 (L & NT)
deemed to have committed an act of indiscipline and shall be liable for such
                                                                                        amended.
penalties or punishment as the competent authority may prescribe.
                                                                                        [Amendments assented to by the Chancellor on 30.10.2003]
                                   [ 165 ]                                                                          [ 166 ]
       (4) The Earned Leave accrued to an employee by dint of his services             (c)      An employee who is granted or avails of Commuted Leave for
renderedin one position at the college shall be carried over to his Leave                       the maximum period of 180 days referred to in clause (a) shall
Account on his subsequent appointment/promotion to any other position in                        be entitled to Half-Pay Leave, which remains due at his credit,
the said college, provided, there is continuity in his service.                                 on Half-Pay only.
       (5) Earned Leave may be granted for such reasons as may be                       (d)     The maximum amount of Commuted Leave and Earned Leave
considered by the Authority competent to grant such leave which may                             combined and sanctioned shall not exceed 120 days on any
include—                                                                                        one occasion.
       (i)    illness of the employee concerned,                                        (7)     The Half-Pay Leave accrued to an employee by dint of his
       (ii)   illness of a member of the family of such an employee,            service rendered in one position at the college shall be carried over to·his
       (iii)  private affairs of emergency nature, or                           Leave Account on his subsequent appointment/promotion to any other
                                                                                position in the said college, provided there is continuity in his service.
       (iv) arrangement preparatory to retirement.
                                                                                        St. 17 (L & NT) (1) Extraordinary Leave (without Pay) may be granted
      St. 16 (L & NT) (1) Every whole-time employee of a college shall be        Extraordinary Leave to a whole-time employee of the college when (i) no
 Half-pay Leave and                                                                (Without Pay).      other leave is admissible to him, or (ii) although other
  commutation of      entitled to Half-Pay Leave which may be commuted on       leave is admissible, he applies in writing for the grant of such leave.
 Half-pay Leave on
   medical ground     medical ground only.                                              (2) Except in the case of a permanent employee, the duration of
                                                                                Extraordinary Leave as may be granted at a time, shall not exceed 90 days.
      (2) The amount of Half-Pay Leave admissible to a whole-time                       (3) The Governing Body of the college may commute retrospectively
employee of the College shall be 15 days for each completed year of service.    in the case of an employee any period of absence from duty without leave
      (3) Half-Pay Leave may be accumulated without any ceiling and may         into Extraordinary Leave.
be combined with any other kind of leave except Casual Leave.                           (4) Extraordinary Leave may be granted for such period and on such
      (4) Half-Pay Leave may be availed of on private affairs as well as on     terms and conditions as the Governing Body of the college may deem fit :
medical grounds.                                                                        Provided that unless in consideration of the special circumstances of
                                                                                any particular case, the Governing Body of the college decides otherwise, an
       (5) Half-Pay Leave at the credit of an employee shall not lapse except
                                                                                employee shall be deemed to have ceased to be in the service of the college
on his attaining the age of retirement on superannuation.
                                                                                after he has been continuously absent form duty for a period of five years.
      (6) Half-Pay Leave may be commuted, and such Commuted Leave, not                  (5) Extraordinary Leave may be combined with any other kind of leave
exceeding half the amount of Half Pay Leave due, may be granted, on medical     except Casual Leave.
ground only on submission of certificate in this behalf from a registered
                                                                                        St. 18 (L & NT) (1) (a) Maternity Leave may be granted to a whole-
medical practitioner, subject to the following conditions :                                          time female employee Maternity Leave. who has been in
                                                                                 Maternity Leave
      (a)    Commuted Leave out of the total accumulation of Half-Pay                                the service of the college for at least nine months
             Leave shall be limited to a maximum of 180 days during the         preceding the actual date of her confinement.
             entire period of service of an employee :                                  (b)     The total period of such leave shall not exceed 90 days
             Provided that the maximum amount of such Commuted Leave                            including the period of confinement.
             as may be granted at a time, shall be 60 days.                             (c)     The total period of 90 days shall be subject to such adjustment
      (b)    When Commuted Leave is granted, twice the amount of Half-                          in phases as may be required in any particular case in
                                                                                                consideration of the actual date of confinement.
             Pay Leave shall be debited against the Leave Account.
                                    [ 167 ]                                                                             [ 168 ]
       (d)    Any application for Maternity Leave shall be submitted                         St. 20 (L & NT) An employee desiring to avail of Earned Leave
              alongwith a medical certificate from a registered medical              Leave preparatory     preparatory to retirement shall apply at least one month
              practitioner preferably specialized in Gynaecology and                   to retirement       in advance.
              Obstetrics.                                                                    St. 21 (L & NT) (1) Compensatory Leave may be granted to a whole-
                                                                                        Compensatory       time employee when he is detained to perform duties
       (2) Subject to the provision of sub-paragraph (a) of paragraph (1),
                                                                                             Leave         during holiday(s), Sunday(s) and rest day(s) on being
Maternity Leave may also be granted to a whole-time female employee in
                                                                                    duly ordered by the competent authority.
cases of miscarriage or abortion, provided that in such cases, such leave
                                                                                             (2) Such leave shall be granted for the equal number of days on which
shall not exceed 45 days and that the application for leave shall be supported
                                                                                    the employee concerned is detained for duty.
by a certificate from a registered medical practitioner preferably specialized
                                                                                             (3) No overtime or holiday allowance shall be admissible for the period
in Gynaecology and Obstetrics.
                                                                                    for which Compensatory Leave is granted.
       (3) Maternity Leave granted under paragraphs (1) and (2) shall not be                 (4) Such leave shall be granted by the competent authority.
debited against the Leave Account of the employee concerned.
                                                                                             (5) Compensatory Leave shall be availed of within a period of one
       (4) Leave of any other kind, except Casual Leave, may be granted in          year of performance of duties on detention, unless otherwise decided by the
combination with Matenity Leave, only if the application for the grant of           Governing Body of the college.
such other kind of leave is supported by a medical certificate referred to                   St. 22 (L & NT) (1) An employee who is disabled to perform his duty
above.                                                                                                     due to injury accidentally sustained in course of his
                                                                                       Special disability
       St. 19 (L & NT) (i) Quarantine Leave may be granted to an employee                   Leave          official duties or by illness resulting from the
                   when he is ordered by the competent authority not to                                    performance of any particular duty, which has the effect
Quarantine Leave                                                                    of causing or aggravating his illness or causing injury beyond the ordinary
                   attend his duties at the college on account of occurrence
                                                                                    risk attaching to the post, may be allowed special disability leave for a
of any infectious disease in his family or household. Such leave may be             maximum period of twenty four months.
granted for a period, not exceeding 21 days or, in exceptional circumstances,
                                                                                             (2) The Governing Body of the college shall be competent to grant
30 days on the basis of a certificate from a registered medical practitioner.       such leave in terms of the provisions of Statute 23.
The leave so granted shall not be debited against the Leave Account of the
                                                                                             St. 23 (L & NT) The Governing Body of the college shall be
employee.
                                                                                         Powers of the     competent to sanction any kind of leave envisaged in
        (2) The employee, in whose family or household there is a presence            Governing Body in these Statutes on such terms as it may deem fit to any
of any infectious disease referred to in paragraph (3), shall forthwith inform         sanctioning leave employee. It shall be competent, for reasons which it
the Appointing Authority through the Head of the Department concerned                                      may consider, adequate, to vary, revise or cancel any
stating such facts in writing alongwith a medical certificate in this behalf from   kind of leave sanctioned either by itself or by any appropriate authority.
a registered medical practitioner.                                                           St. 24 (L & NT) (1) Subject to the provision of Statute 23 the Principal
                                                                                           Authorities     of the college shall be competent to sanction leave of
      (3) In order to determine infectious disease for the purpose of granting
                                                                                         competent to      the following categories to the extent specified against
Quarantine Leave, the list maintained by the State Government indicating                 sanction leave    each,—
such diseases shall be followed :
                                                                                                     NATURE OF LEAVE             EXTENT OF POWER
       Provided that ‘chicken-pox’ shall not be treated as an infectious
                                                                                             (a)     Casual Leave                To the full extent
       disease for the purpose of granting Quarantine Leave.
                                                                                             (b)     Earned Leave                To the extent of 30 days
       (4) Quarantine Leave may be combined with any other kind of leave                     (c)     Half-Pay Leave              To the extent of 10 days
except Casual Leave.                                                                         (d)     Compensatory Leave          To the extent of 10 days
                                  [ 169 ]                                                                          [ 170 ]
      (2) The Governing Body of the college shall be competent to sanction            (b)       The lien on the permanent post held by an employee under the
admissible leave beyond the extent specified in paragraph (1).                                  college shall be terminated immediately on his confirmation to
      (3) In respect of other kinds of leave not mentioned in paragraph (1),                    any other permanent post he joined with the approval of the
                                                                                                college.
the Governing Body of the college shall be competent to sanction the same.
                                                                                        St. 26 (L & NT) Every employee of the college shall be entitled to
       St. 25 (L & NT) (1) An employee appointed on substantive basis to
                                                                                      Pay and          pay and allowances conforming to the time scale of pay
                  any permanent post shall acquire a lien on that post and           allowances        and rates of allowances as may be determined by the
      Lien
                  shall cease to hold any lien previously acquired on any      State Government in this behalf from time to time.
other post.
                                                                                        St. 27 (L & NT) Subject to the terms ·of contract in any particular case
       (2) The lien of an employee on a permanent post which he holds                                and the orders as may be issued by the State Government
                                                                                    Retirement
substantively shall be terminated if he is appointed in a substantive                                from time to time, every employee of the college shall
capacity—                                                                      retire from service with effect from the afternoon of the last day of the month
      (a) to a tenure post, or                                                 in which he completes the 60th year of age.
                                                                                        St. 28 (L & NT) No whole time salaried employee of the college shall
      (b) to a permanent post outside the cadre on which he is borne.
                                                                                    Extraneous        accept any employment with or without remuneration
       (3) If an employee holding a substantive appointment to a post and          employment         other than that of his office.
having confirmed therein, is subsequently confirmed to another permanent
post, either at the college or in some other establishment, his lien on the    Explanation :
permanent post held earlier in the coIlege shall be terminated, unless the            If any question arises whether any arrangement entered into by an
employee indicates in writing not to accept the appointment so made            employee amounts to employment within the meaning of this Statute, the
substantively to another permanent post. In such an event, the employee        matter shall be decided by the Governing Body of the College.
shall revert immediately to the post on which he holds lien.                          St. 29 (L & NT) (1) The normal working period shall be of seven
      (4) A confirmed employee shall not be left without a lien on any          Working hours and
                                                                                                    hours’ duration with recess for half an hour on all
permanent post.                                                                     attendance      working days. The commencement of duty hours is
                                                                                                    normally to be based on fixed routine, subject to such
      (5) (a) An employee holding a substantive appointment may be
                                                                               variations as may be made in case of exigencies.
              granted lien on his permanent post under the college, if he
              applies for grant of lien consequent upon his obtaining an              (2) Every employee, while reporting for duty, shall sign the Attendance
              appointment in any establishment outside the college :           Register. No employee shall he allowed to attend duties if he is late by one
                                                                               hour or more, unless permitted to do so by the appropriate authority.
             Provided that such employee shall have to submit the letter of
                                                                                      (3) No employee shall leave the place of work during working hours
             appointment showing the nature of appointment offered to him
                                                                               without permission from the person in-charge of the office or Department
             and the other terms and conditions of service in the new
                                                                               concerned except on official business.
             establishment.
                                                                                      (4) If an employee, being present at the place of his duties, abstains
             Provided further that such employee shall be permitted to
                                                                               or absents himself from work without permission of the appropriate authority
             retain his lien for a period of one year initially which may be   or refuses to work at any time during the prescribed hours of work on any
             extended by another year if the employee concerned is not         day, he shall, in addition to being liable to such disciplinary action as may
             confirmed within a period of one year in the post in which he     be taken against him for dereliction of duty, be deemed to be absent without
             was appointed in the new establishment or if the employee is      leave for such day and shall not be entitled to draw any pay or allowances
             likely to be left without a lien on any permanent post.           for such day.
                                     [ 171 ]                                                                       [ 172 ]
                                                                                Explanation : I
      St. 30 (L & T) (1) (a) Every employee of the college shall be subject
   Discipline and                                                                      The termination of employment shall not in the following cases be
  conduct of the       to disciplinary measure(s) for reason of—                treated as removal or dismissal from service of—
employees of college
                                                                                       (a)    a person appointed on probation during or at the end period
      (i)     violation of any term or condition of service,                                  of probation in accordance with the terms of appointment, or
      (ii)    neglect of duty,                                                         (b)    a temporary employee on the expiry of the period of his
      (iii)   violation of orders regarding attendance and office discipline,                 appointment, or
      (iv)    misappropriation and defalcation of funds,                               (c)    a person engaged on contract in accordance with the terms of
      (v)     insubordination or disregard or violation of the orders of the                  his contract.
              superior authority,
                                                                                Explanation : II
       (vi) conviction by a court of law for an offence involving moral
                                                                                      Premature retirement means.that the Appointing Authority may get
              turpitude,
                                                                                      the employee retired compulsorily as a measure of punishment before
       (vii) taking of illegal gratification,                                         he has attained the age of sixty years.
       (viii) tampering with official records, and
                                                                                Explanation : III
       (ix)   any other misconduct which, in the opinion of the Governing
              Body of the college, calls for disciplinary action.                     Stoppage.of any increment of an employee next above the efficiency
                                                                                      bar in the time-scale of his pay on the ground of his unfitness to cross
       (b) The Governing Body of the college shall be competent to impose
                                                                                      the bar shall.not.amount withholding of increments or promotion
such penalties upon the employee as it may deem fit in consideration of the
                                                                                      within the meaning of this Statute.
gravity of the case mentioned in sub-paragraph (a) with any or more of the
following,—                                                                           (2) (a) In all cases of imposition of penalties the grounds on which
                                                                                              it is proposed shall be reduced in the form of definite charge
       (i)    suspension,
                                                                                              or charges and communicated to the employee concerned
       (ii)   censure,                                                                        together with a statement of the facts considered while passing
       (iii)  with holding of increment(s) or promotion,                                      orders on the cases. The employee charged may put in a
       (iv) recovery from pay of the whole or part of any pecuniary loss                      written statement of his defence for which he shall be given
              caused to the college by the employee,                                          thirty days’ time from the date of receipt of charge-sheet
                                                                                              alongwith documentary evdience, if any. Upon receipt of the
       (v)    reduction to a lower stage in the time scale of pay for a
                                                                                              statement of defence from the employee or at the expiry of the
              specified period with further direction whether or not the
                                                                                              period allowed for submission of his statement of defence, the
              employee will earn increment(s) or pay during the period of
                                                                                              authority concerned may, after examination of relevant facts
              such reduction,
                                                                                              and on consideration of the circumstances, either drop the
       (vi) reduction to a lower time-scale of pay, grade, post or service                    case or decide to proceed further. If it is decided to proceed
              with or without further directions regarding conditions of                      further, a formal enquiry shall be held informing the employee
              restoration, including· protection of his seniority and pay on                  concerned of the penalty provisionally proposed to be taken
              such restoration, to the grade, post or service from which the                  against him and asking him to be present at the enquiry thereof,
              employee was reduced,                                                           if he so desires, to produce further evidence in support of his
       (vii) premature retirement,                                                            defence. The authority concerned shall thereafter take decision
       (viii) removal or dismissal from service.                                              on the findings of the enquiry. If, however, it is decided to
                                                                                              impose the penalty, other than what was communicated to the
                             [ 173 ]                                                                           [ 174 ]
      employee at the stage of the formal enquiry, another                        (3)    An employee aggrieved by an order imposing upon him any
      opportunity shall be given to him to submit a written statement                    penalty or penalties specified in sub-paragraph (b) of
      against imposition of the other penalty/penalties within fifteen                   paragraph (1) may prefer an appeal to the Governing. Body of
      days from the date of receipt of the above communication by                        the college within thirty days from the date of receipt of the
      him in this respect and if considered necessary, a fresh enquiry                   order imposing the penalty or penalties, The Governing Body
      shall be made and the evidence of such enquiry shall be taken                      shall, on receipt of the appeal, examine it ·threadbare and take
      into account before final orders are passed. In all cases                          a decision in the matter :
      principles of natural justice shall be followed and the employee            Provided that if the concerned employee is not satisfied with the
      shall be given adequate opportunities to defend his case :                  decision taken by the Governing Body, he may prefer an appeal to the
Provided that no pleader or agent shall be allowed to appear at the               Vice-Chancellor of the University within thirty days from the date of
enquiry on behalf of the college or the employee concerned.                       communication to him of the decision taken by the Governing Body.
(b)   An employee who is removed or dismissed from service shall                  The appeal shall be decided and disposed of by the Executive Council
      not draw any pay or allowances from the date of such removal                of the University within ninety days in the manner as it may consider
      or dismissal is ordered to be effective.                                    expedient and the decision taken by it shall be final.
(c)   The order of removal or dismissal from service shall not be                 St. 31 (L & NT) The Principal shall maintain and keep an up-to-date
      given retrospective effect with referenee to the date of the            Age Register   Age Register in respect of all employees of the college in
      orders.                                                                                which he shall enter—
(d)   An employee under suspension shall be entitled to get                       (a)     the name and designation of every employee,
      subsistence grant as prescribed by the State Government in                  (b)     the date of his birth,
      this behalf for their employees.
                                                                                  (c)     the date of his first appointment under the college,
(e)   When the suspension of an employee is held to have been
      unjustifiable or not wholly justifiable, or when an employee                (d)     his age on the date of such appointment,
      who had been suspended, removed or dismissed from service                   (e)     the date on which he is due to retire, and
      is reinstated, the competent authority shall grant to him for the
                                                                                  (f)     remarks, if any.
      period of his absence from duty—
      (i)     if he is honorably acquitted, all financial benefit           Explanation :
              including promotion due, if any, as if he had not been              All entries relating to the age of an employee of the college shall be
              suspended, dismissed or removed.                              made on the basis of his age as recorded in his Matriculation, School Final,
      (ii)    if otherwise, such proportion of ·pay and allowances as       Higher Secondary or Madhyamik Examination Certificate or the certificate of
              the authority concerned may prescribe.                        any such First Public Examination, as the case may be, passed by him :
(f)   In a case falling under clause (i) of sub-paragraph (e), the entire
                                                                                  Provided that where an employee has not passed any of the aforesaid
      period of absence from duty shall be treated as the period
                                                                                  examinations, the Governing Body of the college shall decide in each
      spent on duty. In a case falling under clause (ii) of that sub-
                                                                                  particular case the basis on which the date of birth of the concerned
      paragraph, the relevant period may be treated as on duty or
      leave as the authority concerned may direct.                                employee is to be recorded.
(g)   The amount of subsistence grant or proportion thereof if any,                St. 32 (L & NT) With a view to maintaining uniformity, the Executive
      already drawn shall be deducted from the pay and allowances           List of holidays to Council shall prescribe the annual list of holidays to be
                                                                                be uniform      followed by the colleges, other than the Government
      which may be granted under this Statute.
                                                                            colleges.
                                     [ 175 ]                                                                             [ 176 ]
        St. 33 (L & NT) A Service Book containing the service records in                    “(4) The term of office of the Dean of a Faculty Council for Post-
                    respect of every employee of the college shall be               graduate Studies shall be two years from the date of his election as
   Service Book
                    maintained in Form No. 3 appended to these Statutes and         Dean ;
the Principal of the college shall be responsible for its up-dating and proper              Provided that in the case of election of a Dean for the first time for
maintenance.                                                                                each of the Faculty Councils for Post-graduate Studies under the
        St. 34 (L & NT) (1) In any case not expressly provided for in these                 provisions of the Act, the said period of two years shall be computed
      General
                    Statutes, the Governing Body of the college may obtain                  from the appointment date as referred to in sub-section (5) of Section
                    such directions from the University as may be deemed                    57 of the Act ;
necessary in the special circumstances of the case.                                         Provided further that till a new Dean is elected the outgoing Dean
        (2) If any controversy arises in interpreting any of the provisions of              shall continue to function as such.”
these Statutes, the matter shall be referred to the University for interpretation   l       In Chapter VI of the said Statutes, after Statute 15 (Const.), insert the
and the decision of the Executive Council in this regard shall be binding on                following Statute :
all concerned.
                                                                                            St. 15A (Const.) For the purposes of constitution of, and election
        In exercise of the power conferred by section 48, read with section 47,                            to, the Faculty Council for Post-graduate Studies in
                                                                                        Election to the
and section 21, of the Burdwan University Act, 1981 (West Bengal Act XXIII            Faculty Council for Medicine in terms of sub-section. (3A), read with sub-
of 1981), the Executive Council of the University of Burdwan hereby makes            Post-graduate Studies section (1), of section 22 of the Act, the procedure laid
the following amendment in the Statutes relating to the election procedure                in Medicine
                                                                                                           down in Statute 13 (Const.) and Statute 14 (Const.), read
to the Court, the Executive Council, the Faculty Councils for Post-graduate
                                                                                    with Statute 10 (Const.) and Statute 12 (Const.), shall be followed.”
Studies, the Councils for Under-graduate Studies and other Authorities of
the University (hereinafter referred to as the said Statutes) :
      (b) after clause (D), insert the following clause :                               Provided that such Board of Studies shall not be deemed to have
       “(E) In respect of the subjects of studies pertaining to Medicine as             been constituted until the co-option of the external expert members is
enumerated in clause (D) of paragraph (1) of Statute 4 (B.S), there shall be            completed”.
a separate Board of Research Studies for. each such subject :
       (1) the Dean of the Faculty concerned, who shall be the Chairman
                                                                                                                          Sd/- K. V. Raghunatha Rcddy
(ex-officio) ;
                                                                                                                                      8.12.94
      (2)    the Head of the relevant Department of Burdwan Medical
                                                                                                                                   Chancellor
College, Burdwan ;
                                                                                                                              University of Burdwan
      (3)    all Professors of the relevant Department of Burdwan Medical
College, Burdwan ;
                                                                                         In exercise of the power conferred by section 48, read with section 47,
      (4)   two Teachers, other than Professors, of the subject concerned        and section 21, of the Burdwan University Act, 1981 (West Bengal Act XXIII
nominated by the Vice-Chancellor in consultation with the Dean; and              of 1981), the Executive Council of the University of Burdwan hereby makes
      (5)    three external experts in the subject or subjects concerned         the following amendment in the Statutes relating to Constitution, Powers and
appointed by the Vice-Chancellor on the recommendation of the relevant           Functions of the Governing Bodies of Affiliated Colleges other than
Board of Post-graduate Studies”;                                                 Government Colleges (hereinafter referred to as the said Statutes) :
                 authority
               Sanctioning                                                                                         Leave                                               absence                                                                                                of employee
                                                                                                                                                                                       of days
              Initial of the                                                                                   return from                                               of                                          From                          Leave due               Name and designation
                                                                 Remarks                                                                                                              Total No.                To
                                                                                                               Balance on                                              Ground
                                                                                                                                                                                                      Leave granted
                                                                                                                                   Register of Casual Leave
                                                                                    Name of the College.........................................................................
                                                                                                                                                                                                                                                        [Vide St. 12 (L & NT) (13)]
                                                                                                                                   THE UNIVERSITY OF BURDWAN                                                                                            Form No. 2
                                                                                                                                   THE UNIVERSITY OF BURDWAN
          Form No. 1                                                                          Name of the College.........................................................................
          [vide St. 12 (L & NT) (12)]                                                         Leave Account of.............................................................................
                                                                                              Date of commencement of Service................................................
                                                                                              Date of attaining the age of
                                                                                              retirement/superannuation................................................................
                              Leave earned                                                          Leave at credit                                                                     Leave taken                                                               Balance
                                                                                                                                                                                                                                                                (on return
           Actual        Earned Half-pay                                                                                                                                  Earned Leave                   Half-pay                    Other kinds of                 from
           Service       Leave   Leave                                                                                                                                                                    leave                       leave except                 leave)
                                                                                                                                                                                                                                       casual leave
                                                         15 days for each completed year of
                                                                                                                                                                                                                                                                               Half-pay Leave
                                                                                                                                                                                                                                  Kind of Leave
                         actual service
                                                                                                                                                                                                                                                                Earned Leave
          No. of days
No. of days
No. of days
                                                                                                                                                                                                                                                  No. of days
                                                                                               prescribed)
5 and 19)
                                                                                                                                                                                                                                                                                                Remarks
                                                         service
          From
From
From
                                                                                                                                                                                                                                                  From
          To
To
To
                                                                                                                                                                                                                                                  To
           1 2       3           4                             5                                       6                                         7                          8    9      10 11                  12 13 14 15 16 17                                18             19               20
                                                      [ 181 ]                                                                                                                                        [ 182 ]
Form No. 3
                                                                                                                                                                                                               12
                                                                                                                                                                                      Certifi-
                                                                                                                                                                                      service
                                                                                                                                                                                      verifi-
                                                                                                                                                                                      cation
                                                                                                                                                                                       cate
                                                                                                                                                                                        of
                                                                                                                                                                                        of
[vide St. 33 (L & NT)]
Name of College.........................................................................................................
                                                                                                                                                                                      Signature
                                                                                                                                                                                      of Head
Institution
                                                                                                                                                                                                               11
                                                                                                                                                                                          of
                                              SERVICE BOOK
                                                      PART I
Signature
                                                                                                                                                                                      employee
                                                                                                                                                                                         of
                                                                                                                                                                                                               10
1.     Name of the employee                            :
2. Address
                                                                                                                                                                                      of Leave
                                                                                                                                                                                      duration
                                                                                                                                                                                       Nature
       (a) Permanent                                   :
                                                                                                                                                                                        taken
                                                                                                                                                                                         and
                                                                                                                                                                                                               9
       (b) Present                                     :
termina-
appoin-
resigna-
                                                                                                                                                                                      dismissal
3.     Father's/Husband's Name
                                                                                                                                                                                      promo-
                                                                                                                                                                                      tion of
                                                                                                                                                                                       Reason
                                                                                                                                                                                       tment
                                                                                                                                                                                        (Such
                                                                                                                           THE UNIVERSITY OF BURDWAN
tion,
tion,
                                                                                                                                                                                         etc.)
                                                                                                                                                                                          for
as
                                                                                                                                                                                                               8
       and residence                                   :
                                                                                                                                                                 HISTORY OF SERVICE
4.     Date of birth by Christian
                                                                                                                                                                                      appoint-
                                                                                                                                                                                      Date of
                                                                                                                                                                                       nation
                                                                                                                                                                                       termi-
                                                                                                                                                                                        ment
                                                                                                                                                       Part II
                                                                                                                                                                                         of
       Era as entered into the Age
                                                                                                                                                                                                               7
       Register (the document on
                                                                                                                                                                                      Personal
       the basis whereof the age
Special
                                                                                                                                                                                       pay, if
                                                                                                                                                                                        Pay,
pay,
                                                                                                                                                                                                               6
                                                                                                                                                                                        any
       has been admitted should
       be recorded)                :
                                                                                                                                                                                      appoint-
                                                                                                                                                                                      Date of
ment
                                                                                                                                                                                                               5
5.     Educational qualification                       :
appoint-
perman-
Tempo-
                                                                                                                                                                                      Officia-
                                                                                                                                                                                      Nature
                                                                                                                                                                                       rary/
                                                                                                                                                                                        ent/
                                                                                                                                                                                        ting
7.     Personal marks for
                                                                                                                                                                                      ment
                                                                                                                                                                                         of
                                                                                                                                                                                                               4
       identification, if any                          :
whether
perma-
                                                                                                                                                                                      temp-
                                                                                                                                                                                       orary
                                                                                                                                                                                       nent
                                                                                                                                                                                       post
8.     Signature of the employee
                                                                                                                                                                                        or
                                                                                                                                                                                         is
                                                                                                                                                                                                               3
       (in the case of an illiterate
                                                                                                                                                                                      increment
                                                                                                                                                                                      Scale of
                                                                                                                                                                                        stages
                                                                                                                                                                                         with
                                                                                                                                                                                                               2
                                                                                                                                                                                         pay
                                                                                                                                                                                          of
       employee should be affixed
       and the same be duly
                                                                                                                           Form No. 3
full address
                                                                                                                                                                                       institution
                                                                                                                                                                                        post with
                                                                                                                                                                                        Name of
       certified by the Principal)                     :
of the
                                                                                                                                                                                                               1
9.     Signature of the Principal                      :
                                                           [ 183 ]                                                                                                             [ 184 ]
                                SECTION A                                              In expercise of the power conferred by clause (0) of section 47, read
                                                                                 with section 48 and section 21 of the Burdwan University Act, 1981 (West
1.   Insert in this column any of the following markings against each item.
                                                                                 Bengal Act, XXIII of 1981), the Executive Council of the University of
     Very Good; Good; Average; Poor.
                                                                                 Burdwan hereby makes the following amendments in the Statutes relating to
2.   This report is to be regarded as confidential; but a poor marking
                                                                                 the Appointment and Terms and Conditions of Service of Librarians and
     against any item must be communicated in duplicate by the Principal
     of the College to the employee concerned. The employee should be            Non-teaching Staff of Colleges other than Government Colleges (hereinafter
     required to sign and return to the Principal one copy of intimations        referred to as the said statutes) :—
     of Poor markings as evidence that he has been notified.
                                                                                                                AMENDMENTS
                                SECTION B
                                                                                 In the said statutes,—
3.   The estimate of fitness for promotion should be related to the
     employees' capacity for the performance of the duties of the grade          1.    in Statutes 12 (L & NT),—
     above. If he is marked 'Not yet qualified' the reasons for the markings
                                                                                       (1)    In clause (7), for the work and figures “240 days, substitute the
     should be stated.
                                                                                              word and figures “300 days”.
4.   Every effort should be made to arrive at a just estimate of the qualities                (i)     in sub-clause (a), for the word and figures “240 days”,
     of the employee at the time the report is made. The person authorised                            substitute the word and figures “300 days”.
     to initiate the report should reply on his own judgement and
     experience, and should in no circumstances have access to previous                       (ii)    in sub-clause (b), for the word and figures “240 days”,
     reports, if any, on the same employee.                                                           substitute the word and figures “300 days”;
5.   The report shall be based on the work of the employee during the year                    (iii)   in item (v) of sub-clause (b), for the word and figures
     under review and should contain no reference to matters unconnected                              “120 days”, substitute the word and figures “150 days”.
     with such work. The observations made should have a basis on fact,
     which may or may not be specified in the report.                            2.    In Statute 15 (L & NT), in the proviso to clause (2), for the word and
                                                                                       figures “240 days”, substitute the word and figures “300 days”.
6.   The Principal of the College should give his opinion in writing without
     merely signing the report initiated by the authorised person, even if
                                                                                                                                       Sd/-
     he agrees. In such cases, he should write 'I agree'. Where he has no
     opinion to express either because he is not sufficiently conversant                                                       Chancellor
     with the work of the employee or because he is new in office, he                                                    UNIVERSITY OF BURDWAN
     should say accordingly.                                                                                                    30.10.2003
                                   [ 187 ]                                                                    [ 188 ]