Kalyani University (Amendment) Act, 2017


No. 780-L Date: 6th July, 2017


West Bengal Act XXVII of 2017

An Act to amend the Kalyani University Act, 1981.

Whereas it is expedient to amend the Kalyani University Act, 1981, for the purposes and in the manner hereinafter appearing;

It is hereby enacted in the Sixty-eighth Year of the Republic of India, by the Legislature of West Bengal, as follows:-

1. Short title and commencement

(l) This Act may be called the Kalyani University (Amendment) Act, 2017.

(2) It shall come into force at once.

2. Amendment of section 7 of the West Ben. Act XL of 1981.

In section 7 of the Kalyani University Act, 1981 (hereinafter referred to as the principal Act), after clause (1), the following clause shall be inserted:-

‘(1a) The Pro-vice-Chancellor;’.

3. Insertion of new section 10A after section 10.

After section 10 of the principal Act, the following section shall be inserted:-

10A. The Pro-vice-Chancellor

(1) (a) There shall be a Pro-vice-Chancellor in the University and the allocation of work, powers and functions of the Pro-vice-Chancellor shall be such as may be prescribed by the Statutes.

(b) The Pro-vice-Chancellor shall be a distinguished academician with proven competence and integrity and having a minimum of ten years experience in a University system of which at least five years shall be as Professor or ten years of experience in a reputed research or academic administrative organization of which at least five years shall be in a position equivalent to that of Professor.

(c) The Pro-vice-Chancellor shall be appointed by the Chancellor in consultation with the Minister. The term of office shall be for four years and he shall be eligible for re-appointment for another period not exceeding four years but shall not hold office beyond the age of sixty-five years.

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

(2) The Pro-vice-Chancellor shall be a whole-time officer of the University and shall be paid from the University Fund such salary and allowances as the Chancellor may decide in consultation with the State Government.

(3) The Pro-vice-Chancellor may resign from office by writing under his hand to the Chancellor.

(4) If-

(a) the Pro-vice-Chancellor is, by reason of leave, illness or other cause, temporarily unable to exercise the powers and perform the duties of his offices, or

(b) a vacancy occurs in the office of the Pro-vice-Chancellor by reason of death, resignation, removal, expiry of the term of his office or otherwise, then, during the period of such temporary inability or pending the appointment of a Vice-Chancellor, as the case may be, the Chancellor, in consultation with the Minister, appoint a person to exercise the powers and perform the duties of the Pro-vice-Chancellor.

(5) The vacancy in the office of the Pro-vice-Chancellor occurring by reason of death, resignation or expiry of the term of his office, removal or otherwise shall be filled up by appointment of a Pro-vice-Chancellor in accordance with the provision of sub-section (1) within a period of six months from the date of occurrence of the vacancy, and such period shall be held to include any period for which a Pro-vice-Chancellor is allowed to continue in office under clause (d) of sub-section (1), or a person is appointed by the Chancellor in consultation with the Minister to exercise the powers and perform the duties of the Pro-vice-Chancellor under sub-section (4).

(6) The Pro-vice-Chancellor may be removed from his office by the Chancellor if he is satisfied that the incumbent-

(a) has become insane and adjudged by a competent court to be of unsound mind; or

(b) has become an undischarged insolvent and stands so declared by a competent court; or

(c) has been physically unfit and incapable of discharging function due to protracted illness or physical disability; or

(d) has wilfully omitted or refused to carry out the provisions of this Act or has committed breach of any of the terms and conditions of the service contract or has abused or misused the powers vested in him or if the continuance in the office of the Pro-vice-Chancellor is detrimental to the interest of the University; or

(e) has been proved to be guilty of criminal breach of trust or criminal negligence or gross financial irregularity or impropriety or gross negligence of duty; or

(f) has shown incompetence to perform or has persistently made default in the performance of the duties imposed on him under this Act; or

(g) has been convicted by a Court of law for any offence within the concept and meaning of the Code of Criminal Procedure, 1974; or

(h) is a member of, or otherwise associated with, any political party or acts in any partisan manner while in office:

Provided that the Pro-vice-Chancellor shall be given a reasonable opportunity to show cause by the Chancellor before taking recourse for his removal under clauses (d), (e), (f), (g) and (h).

Explanation.- For the purpose of sub-clause (h), whether any party is a political party or any association is a political association or any act of the Pro-vice-Chancellor is partisan, the decision of the Chancellor thereon shall be final.”.

By order of the Governor,

Secy. to the Govt. of West Bengal,
Law Department.

No. 780-L dated 06.07.2017, Source

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