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State of West Bengal - Section

Section 18 in The West Bengal University of Health Sciences Act, 2002

18. Constitution and function of the General Council.

(1)The General Council shall consist of the following members:-
(a)the Chancellor;
(b)the Vice-Chancellor;
(c)three Pro-Vice-Chancellor;
(d)the Secretary, Health and Family Welfare Department, Government of West Bengal;
(e)the Secretary, Higher Education Department, Government of West Bengal;
(f)the Secretary, Finance Department, Government of West Bengal;
(g)six members, one each as nominated, by the State Government, to the Medical Council of India, the Denial Council of India, the Indian Nursing Council, the Pharmacy Council of India, the Central Council of Indian Medicine, and the Central Council of Homoeopathy;
(h)the Director of Health Services, West Bengal;
(i)the Director of Medical Education, West Bengal;
(j)the Chairman, West Bengal Human Rights Commission;
(k)two distinguished Doctors nominated by the Indian Medical Association, West Bengal Branch;
(l)two distinguished educationists nominated by the Vice-Chancellor;
(m)a person nominated by the University Grants Commission from amongst the members of the University Grants Commission;
(n)an eminent scholar nominated by the Government of West Bengal;
(o)three numbers elected by the Members of the West Bengal Legislative Assembly from amongst themselves in the manner as may be prescribed.
(2)The Chancellor shall be the Chairman of the General Council and a nominee of the General Council from amongst its members shall be the Chairman of the Finance Committee of the University.
(3)The terms of office of the members of the General Council shall be in the following manner :-
(a)the term of office of the members of the General Council shall, subject to the provisions of clauses (b) and (c) of this sub-section, be three years:
Provided that the term of office of the members of the first General Council shall be five years;
(b)where a member of the General Council becomes a member by reason of the office or appointment he holds or is a nominated member, his membership shall terminate when he ceases to hold such office or appointment, as the case may be, or his nomination is withdrawn or cancelled;
(c)a member of the General Council shall cease to be a member of that Council if he resigns, or becomes of unsound mind, or becomes insolvent, or is convicted, of a criminal offence involving moral turpitude, or if a member, other than the Vice-Chancellor or Pro-Vice-Chancellors, accepts a full time appointment in the University, and
(d)any vacancy in the General Council shall be filled up either by appointment or nomination, as the case may be, of a person by the respective authority entitled to make the same and the person so appointed or nominated shall hold office for so long as the member in whose place he is appointed or nominated could have hold office if such vacancy had not occurred.
(4)The powers of the General Council shall be-
(a)to review from time to time the different policies and programmes of the University and suggest measures for the improvement and development of the University :
Provided that the Executive Council shall abide by such suggestions towards implementation of the same by way of framing regulations or otherwise, as the case may be;
(b)to consider and pass appropriate resolutions on the annual report, financial estimates, audit reports on the accounts of the University;
(c)to approve, modify or reject any regulations made by the Executive Council, and
(d)to perform such other functions as it may deem necessary for the efficient functioning and administration of the University.
(5)Meeting of the General Council shall be held in the following manner :-
(a)the General Council shall meet at least twice in a year. An annual meeting of the General Council shall be held on a date to be fixed by the Executive Council, unless some other date has been fixed by the General Council in respect of any year;
(b)the Chancellor shall preside over the meetings of the General Council. The Chancellor, in his absence, shall nominate a member of the Executive Council to preside and, in the absence of both of them, the Vice-Chancellor shall preside;
(c)a report of the working of the University during the preceding year, together with the statement of receipts and expenditures, the balance sheet as audited and the financial estimates, shall be presented by the Vice-Chancellor to the General Council at its annual meeting;
(d)the meetings of the General Council shall be called on by the Chancellor, or in his absence, by the Vice-Chancellor, either on his own or at the request of not less than ten members of the General Council;
(e)for every meeting of the General Council, fifteen days' notice shall be given;
(f)one-third of the members of the General Council shall form the quorum for the meeting;
(g)each member of the General Council shall have one vote and if there be equality of votes on any question to be determined by the General Council, the Chancellor or the person presiding over the meeting shall, in addition, have a casting vote;
(h)in the case of difference of opinion among the members, the opinion of the majority shall prevail; and
(i)if any urgent action by the General Council becomes necessary, the Chancellor may permit the business to be transacted by circulation of papers to the members of the General Council. The action proposed to be taken shall not be taken unless agreed to by a majority of the members of the General Council. The action so taken shall be forthwith intimated to all the members of the General Council and the papers shall be placed at the next meeting of the General Council for ratification.