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State of West Bengal - Section

Section 23 in The Alipurduar University Act, 2018

23. Powers and duties of the Court.

(1)Subject to such conditions as may be provided by or under the provisions of this Act, the Court shall exercise the following powers and perform the following duties:-
(i)to establish University Colleges, University Departments, institutions, libraries, laboratories and museums of study and research;
(ii)to confer, on the recommendation of the State Government and the University Grants Commission, such special powers as may be provided by Statutes on any college or institution providing instruction for courses of study in fine arts or music or conducting higher studies and research:
Provided that the Court may withdraw, with the concurrence of the State Government and the University Grants Commission, all or any of the special powers conferred on any such college or institution;
(iii)to create and institute Professorships including Distinguished or Chair Professorships, Associate Professorships, Assistant Professorships, and such posts including posts of Officers as may be necessary for the establishment of the University Colleges, University Departments, institutions, libraries, laboratories and museums referred to in clause (i) with prior approval of the State Government:
(iv)to institute degrees, titles, diplomas, certificates and other academic distinctions;
(v)to institute fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes to be awarded out of the University Fund;
(vi)to confer degrees, titles, diplomas, certificates and other academic distinctions on persons who-
(a)have pursued prescribed courses of studies or have been exempted therefrom in the manner provided, and have passed such examinations as may be determined by the University, or
(b)have carried on research in accordance with such conditions as may be provided by the Regulations;
(vii)to withdraw or to cancel degrees, titles, diplomas, certificates or other academic distinctions under such conditions as may be provided by Statutes and after giving the person affected a reasonable opportunity to present his case;
(viii)to confer honorary degrees or other academic distinctions;
(ix)to consider the Annual Statement of Accounts and the Annual Financial Estimates approved by the Executive Council and to pass such resolutions relating thereto as may be considered necessary:
Provided that for the purpose of passing a resolution modifying or rejecting any such Annual Financial Estimates it shall be necessary for a majority of the total number of members of the Court existing at the time to vote in favour of the resolution;
(x)to consider the Annual Report as prepared by the Executive Council and to pass such resolutions relating thereto as may be considered necessary;
(xi)to consider, and advise on, such other reports from the Executive Council or any other body as may be made to it;
(xii)to consider, and advise on, proposals from the Executive Council for entering into agreement with the Government or with any person, body or authority for the taking over by the University of the management of any college or institution, including its assets and liabilities, or for any other purpose not repugnant to the provisions of this Act;
(xiii)to consider, and advise on, proposals from the Executive Council for cooperation with other universities, institutions and educational authorities in matters that relate to or further the educational objectives of the University;
(xiv)to consider and suggest measures for the improvement of the administration and finances of the University, and generally for the furtherance of its objectives;
(xv)to make rules for the transaction of its own business;
(xvi)to exercise all other powers and perform all other functions conferred and imposed on the Court by or under this Act.
(2)The Court shall not exercise the powers and perform the duties referred to in clauses (i) and (iii) to (viii) of sub-section (1) except on the recommendation of the Executive Council but may send proposals in respect thereof to the Executive Council for its recommendation.
(3)The Court shall have the power to review the action of the Executive Council, save where the Executive Council has acted in accordance with the powers conferred on it by or under this Act:Provided that if any question arises as to whether the Executive Council has acted in accordance with the powers conferred on it by or under this Act, the matter shall be decided by reference to the Chancellor whose decision shall be final.