(1)With effect from such date as the State Government may, by notification in the Official Gazette, appoint, and until the appointed day all the powers and functions of the University, the Court, the Executive Council, the Faculty Councils for Postgraduate Studies, the Councils for Undergraduate Studies, the Boards of Studies, the Finance Committee and all other authorities to be constituted under this Act or the Statutes or the Ordinances shall, respectively, be exercised and performed by a Council to be known as the Alipurduar University Council.(2)The following shall be the members of the Council:-(a)the Chancellor;(b)the Vice-Chancellor;(c)the Secretary, Higher Education, Science and Technology and Biotechnology Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal;(d)the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal;(e)Member Secretary, West Bengal State Council of Higher Education;(f)the President, West Bengal Council of Higher Secondary Education;(g)not less than ten and not more than fifteen persons nominated by the Chancellor in consultation with the Minister from amongst the persons interested in university education, Principals and teachers of affiliated colleges and teachers of the University.(3)The Registrar of the University shall act as the Secretary of the Council.(4)The first Vice-Chancellor shall be appointed by the Chancellor in consultation with the Minister on the basis of recommendation made by a Search Committee comprising three eminent educationists constituted for this purpose by the State Government.(5)The first Registrar, the first Finance Officer and such other officers of the University (including technical personnel) as may be required to be appointed from time to time shall be appointed by the Council on the recommendation of a committee consisting of the Vice-Chancellor as Chairman, a nominee of the Council, a nominee of the Chancellor and a nominee of the State Government, and subject to the supervision, direction and general control of the Vice-Chancellor, they shall exercise all the powers and perform all the duties conferred and imposed on them by or under this Act, or delegated to them by the Vice-Chancellor.(6)The Council may, subject to the approval of the State Government, appoint such administrative, clerical and other staff (including technical staff) as it deems necessary for giving effect to the provisions of this section.(7)The Council may, with the approval of the Chancellor, delegate any of its powers and functions to such body or bodies as may be constituted by it to carry on the functions of the Court, the Executive Council, the Faculty Councils for Post-graduate Studies, the Councils for Undergraduate Studies, the Boards of Studies, the Finance Committee and all other authorities to be constituted under this Act or the Statutes or the Ordinances:Provided that such delegation shall not prevent the exercise of any such power or discharge of any such functions by the Council.(8)(i)The Chancellor, or in his absence the Vice-Chancellor, shall preside at the meetings of the Council;(ii)twenty-five percent of the members of the Council shall be a quorum for a meeting of the Council;(iii)twenty-five percent of the members of any Body or authority constituted by the Council shall be a quorum for a meeting of such body.(9)No act or proceeding of the Council or of any Body or authority constituted by it shall be invalid or called in question by reason of the existence of any vacancy, initial or subsequent, in the Council or in any body constituted by the Council, as the case may be.(10)The other provisions of this Act shall, if in conflict with the provisions of this section, stand modified to the extent provided in this section:Provided that nothing in this sub-section shall affect the power of the Chancellor or the Vice-Chancellor under this Act.(11)If a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation or expiry of his office or otherwise, the same shall be filled up by the Chancellor in consultation with the Minister.(12)Any vacancy in the Council occurring by reason of death, resignation or otherwise shall be filled up by the Chancellor in consultation with the Minister and the Vice-Chancellor, in so far as such filling up is not inconsistent with the provisions of this section.(13)If, by any reason, any difficulty arises in giving effect to the provisions of this section, the Council shall refer such difficulty to the State Government which may make such order or do such thing, not inconsistent with the provisions of this section, as appears to it to be necessary or expedient for removing the difficulty.
