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[Cites 0, Cited by 0] [Section 17] [Entire Act]

State of West Bengal - Subsection

Section 17(3) in The Kalyani University Act, 1981

(3)No act or proceedings of the Court or of any body constituted by the Court shall be invalid or called in question by reason of the existence of any vacancy, initial or subsequent, in the Court or in any body constituted by the Court, as the case may be.]
17. The Court.- The Court shall consist of the following members :-(a)ex officiomembers(i) the Chancellor;(ii) the Vice-Chancellor;(iii) the immediately preceding Vice-Chancellor;(iv) the Deans of the[Faculty Councils for post-graduate studies;] [Words substituted for the words 'Faculty Councils for post-graduate and undergraduate studies' by W.B. Act 17 of 1999.](v) [ the Secretary, Department of Higher Education, Government of West Bengal, or his nominee not below the rank of Deputy Secretary to the Government of West Bengal;] [[Clause (v) substituted by W.B. Act 9 of 1998, which was earlier as under :-'(v) the Secretary, Education Department, Government of West Bengal or his nominee not below the rank of Deputy Secretary to the Government of West Bengal:'.]](vi) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Deputy Secretary to the Government of West Bengal;(vii) the President, West Bengal Council of Higher Secondary Education;(viii) the President, West Bengal Board of Secondary Education;(ix) the Chairman of the Kalyani[Municipality;] [Word substituted for the words 'Notified Area Authority;' by W.B. Act 12 of 1995.](x) [ six Professors of the University Departments, one each belonging to any Department under each Faculty Council for post-graduate studies, elected jointly by the Professors of the University : [[Clause (x) substituted by W.B. Act 17 of 1999. Previous clause (x) was as under:-'(x) four Professors of the University Departments, of whom at least one shall belong to any Department under each Faculty Council for postgraduate and undergraduate studies, elected by such Professors :Provided that if there is no Department under any Faculty Council for post-graduate and undergraduate studies, the election of a Professor of a Department under such Faculty Council for post-graduate and undergraduate studies shall be held after the establishment of such Department, and there shall be deemed to be a vacancy in the office of member to be filled up by such Professor until such election takes place.'.]]Provided that if there is no Department under the Faculty Council for post-graduate studies concerned, the election of a Professor of a Department under such Faculty Council for post-graduate studies shall be held after the establishment of such Department or Departments, and there shall be deemed to be a vacancy in the office of the member to be filled up by such Professor until such election takes place;](xi) [ twelve Teachers of the University Departments other than Professors, elected by such Teachers of the University from amongst themselves, of whom- [[Clause (xi) substituted by W.B. Act 17 of 1999. Previous clause (xi) was as under:-'(xi) ten Teachers of the University Departments other than Professors, elected by such Teachers of the University from amongst themselves of whom-(a) four shall be from the Departments under the Faculty Council for Post-Graduate and Under-graduate Studies in Arts including one from the Commerce Department.(b) four shall be from the Departments under the Faculty Council for Post-Graduate and Under-graduate Studies in Science,(c) one shall be from the Departments under the Faculty Council for Post-Graduate and Under-graduate Studies in Education, and(d) one shall be from the Departments under the Faculty Council for Post-Graduate and Under-graduate Studies in Engineering and Technology :Provided that if there is no Department under the Faculty Council for Post-graduate and Under-graduate Studies in Engineering and Technology, the election of a Teacher of a Department under the said Faculty Council for Post-Graduate and Under-graduate Studies in Engineering and Technology shall be held after the establishment of such Department, and there shall be deemed to be a vacancy in the office of member to be filled up by such Teacher until such election takes place.'.]](a) four shall be from the Departments under the Faculty Council for Post-Graduate Studies in Arts and Commerce including one from the Commerce Department,(b) four shall be from the Departments under the Faculty Council for Post-Graduate Studies in Science,(c) one shall be from the Departments under the Faculty Council for Post-Graduate Studies in Education,(d) one shall be from the Departments under the Faculty Council for Post-Graduate Studies in Engineering, Technology and Management,(e) one shall be from the Departments under the Faculty Council for Post-Graduate Studies in Law, and(f) one shall be from the Departments under the Faculty Council for Post-Graduate Studies in Music and Fine Arts:Provided that if there is no Department under the Faculty Council for post-graduate studies concerned, the election of a Teacher of a Department under such Faculty Council for post-graduate studies shall be held after the establishment of such Department or Departments, and there shall be deemed to be a vacancy in the office of the member to be filled up by such Teacher until such election takes place;](xii) [[seven] [[Clause (xii) substituted by W.B. Act 12 of 1995, which was earlier as under:-'(xii) three Teachers, other than Principals, of whom not more than one shall belong to any college, elected by the Teachers of affiliated colleges from amongst themselves;'.]]Teachers, not being Principals, of whom not more than one shall belong to any affiliated college, elected by the Teachers of affiliated colleges from amongst themselves;](xiii) [ four Principals of affiliated colleges, of whom one shall belong to a Teachers' training college and one shall belong to a college teaching in engineering and technology, elected by the Principals of the affiliated colleges;] [[Clause (xiii) first substituted by W.B. Act 12 of 1995, then again substituted by W.B. Act 17 of 1999. Previous clause (xiii) was as under :-'(xiii) four Principals of affiliated colleges, of whom one shall belong to a college under the Faculty Council for Post-Graduate and Undergraduate Studies in Education and one shall belong to a college under the Faculty Council for Post-Graduate and Undergraduate Studies in Engineering and Technology, elected by the Principals of affiliated colleges from amongst themselves.'.]](xiv) two persons elected by registered graduates from amongst themselves;(xv)[two members] [Words substituted for the words 'one member' by W.B. Act 9 of 1998.]of the West Bengal Legislative Assembly representing the territorial jurisdiction of the University elected by the members of the West Bengal Legislative Assembly;(xvi) [ four regular post-graduate students of the University, of whom not more than one shall belong to any Faculty Council for post-graduate studies, elected jointly by such students from amongst themselves. [[Clause (xvi) substituted by W.B. Act 17 of 1999. Previous clause (xvi) was as under :-'(xvi) four regular students of the University one each from any of the Departments under the respective Faculty Council for post-graduate and undergraduate studies elected by an electoral college constituted in the manner prescribed :Provided that if there is no Department under any Faculty Council for post-graduate and undergraduate studies, the election of a regular student of the Department under such Faculty Council for post-graduate and undergraduate studies shall be held after the establishment of such Department, and there shall be deemed to be vacancy in the office of member to be filled up by such student until such election takes place.Explanation - Notwithstanding anything contained elsewhere in this Act, a member elected under this clause shall hold office for a period of two years from the date of his election or till he ceases to be a regular student whichever is earlier.'.]]Explanation.- Notwithstanding anything contained elsewhere in this Act, a member elected under this clause shall hold office for a period of two years from the date of his election or till he ceases to be a regular student, whichever is earlier;](xvii)[two regular students, not belonging to the same college, prosecuting studies] [Words substituted for the words 'one regular student prosecuting his studies' by W.B. Act 12 of 1995.]in undergraduate or post-graduate degree classes of affiliated colleges elected by an electoral college constituted in the manner prescribed.Explanation.- Notwithstanding anything contained elsewhere in this Act, a member elected under this clause shall hold office for a period of three years from the date of his election or till he ceases to be a regular student, whichever is earlier;(xviii) one Research Scholar or Research Fellow elected jointly by Research Scholars and Research Fellows.Explanation I.- "Research Scholar" or "Research Fellow" shall mean a whole-time Research Scholar or Research Fellow of the University who receives a stipend for the University.Explanation II.- Notwithstanding anything contained elsewhere in this Act, a Research Scholar or a Research Fellow elected under this clause shall cease to hold office on the expiration of the term of Research Scholarship or Research Fellowship, as the case may be;(xix) three members elected by the members of the non-teaching staff of the University from amongst themselves;(xx) one member elected by the officers of the University from amongst themselves;(xxa) [ one member elected by the Librarians of the University and of the colleges affiliated to the University from amongst themselves;] [Clause (xxa) inserted by W.B. Act 9 of 1998.](xxi)[three members] [Words substituted for words 'one member' by W.E. Act 9 of 1998.]elected by the members of the non-teaching staff of the colleges affiliated to the University from amongst themselves;(xxii) four persons to be nominated by the State Government of whom -(a) one shall be a member of a registered trade union within the territorial jurisdiction of the University,(b) one shall be member of a peasants' association within the territorial jurisdiction of the University,(c) one shall be a member of a primary school teachers' association within the territorial jurisdiction of the University(d) one shall be a member of a secondary school teachers' University, and association within the territorial jurisdiction of the University;(xxiii) two persons having special interest in the University education nominated by the Chancellor.(2) All elections to the Court shall be held in the manner prescribed by Statutes.