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State of West Bengal - Section

Section 17 in The North Bengal University Act, 1981

17. [ The Court. [Substituted by Act No. 12 of 2011, dated 25.1.2012.]

(1)The Court shall consist of the following members:-
(a)Ex officio members-
(i)the Chancellor;
(ii)the Vice-Chancellor;
(iii)the Deans of Faculty Councils for Post Graduate Studies;
(iv)the Secretary, Higher Education Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(v)the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(vi)the Chairman, West Bengal State Council of Higher Education or his nominee;
(vii)the President, West Bengal Council of Higher Secondary Education;
(viii)the President, West Bengal Madrasha Education Board;
(ix)the President, West Bengal Board of Secondary Education;
(x)the Director of Public Instruction, West Bengal or his nominee not below the rank of Additional Director of Public Instruction;
(xi)a nominee of the Chairman of University Grants Commission;
(xii)a nominee of the Chairman of National Council for Teachers' Education;
(xiii)the Chairman of the College Service Commission or a member of the Commission as his nominee;
(b)Representatives of Departments and Colleges-
(xiv)Heads of Departments of the University;
(i)one from non-teaching employees of the University,
(ii)one from non-teaching employees of the affiliated colleges of the University,
(xv)five senior most Professors of Departments of the University to be selected by the Vice-Chancellor in alphabetical order of the Department, of whom not more than one Professor shall be from the same Department;
(xvi)Principals of affiliating Colleges, not more than ten, to be nominated by the Vice-Chancellor of whom-
(I)one shall be from a Teachers’ Training College;
(II)one shall be from a Law College;
(III)one shall be from other Professional College;
(IV)one shall be from Women's College;
(V)one shall be from Government College;
(xvii)five teachers from the Council for Undergraduate studies, of whom atleast two shall belong to the rank of Associate Professor and other shall be not below the rank of Assistant Professor, to be elected by the members of the Council from amongst themselves in the manner as may be prescribed by the Statutes;
(xviii)one representative of officers of the University, to be elected from amongst themselves in the manner as may be prescribed by the statutes;
(xix)two representative of non-teaching employees of whom-
to be elected from amongst themselves in the manner as may be prescribed by the Statutes;
(c)Nominated Members-
(xx)not more than five persons to be nominated by the Chancellor from amongst the persons interested in University education:
Provided that no employee of the University or of a College or Institution affiliated with the University or recognised by it shall be eligible to be a member;
(d)Special Invitee-
(xxi)any official or expert in any field or eminent educationist, whom the University may require for advice, consultation or assistance, may be invited to attend the meeting:
Provided that not more than one official or expert or eminent educationist may be invited in a meeting at a time.
(2)A member of the Court shall hold office for a period of four years, if not expressly provided otherwise in sub-section (1). Any vacancy among the members of the Court shall be filled up immediately by the concerned authority.
(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.- (1) The Court shall consist of the following:-(a)ex officio members(i) the Chancellor;(ii) the Vice-Chancellor;(iii) the immediately preceding Vice-Chancellor;(iv) the Deans of the Faculty Councils for post-graduate studies;(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] [Words inserted by W.B. Act 20 of 1986.];(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 Principal, Darjeeling Government Colleges;(x) the Principal, North Bengal Medical College;(xa) [ the Principal, North Bengal Dental College;] [Clause(xa) inserted by W.B. Act 8 of 1993.](xi) the Principal, Jalpaiguri Government Engineering College;(b)elected members(xii) four Professors of the University Departments elected by such Professors from amongst themselves of whom at least one shall belong to any Department under each Faculty Council for post-graduate studies[in Arts, Commerce, Law and Science] [Words inserted by W.B. Act 8 of 1993.];(xiii) eleven Teachers of the University Departments other than Professors elected by such Teachers from amongst themselves of whom at least four shall belong to the Departments under each Faculty Council for post-graduate studies 7. Words inserted by W.B. Act 8 of 1993.[in Arts, Commerce, Law and Science];(xiv) ten Teachers, other than Principals, elected by the Teachers of affiliated colleges (other than teachers’ training, engineering and medical colleges) from amongst themselves of whom at least one shall be a woman;(xv) one Teacher elected by the Teachers of Teachers’ Training Colleges from amongst themselves;(xvi) two Teachers elected by the Teachers of Engineering College from amongst themselves of whom one shall be a Professor and one shall be a Teacher other than a Professor;(xvii) two Teachers elected by the Teachers of Medical College from amongst themselves of whom one shall be a Professor and one shall be a Teacher other than a Professor;(xviia) [ two Teachers elected by the Teachers of Dental College from amongst themselves of whom one shall be a Professor and one shall be a Teacher other than a Professor;] [Clause (xviia) inserted by W.B. Act 8 of 1993.](xviii) three Principals of affiliated colleges (other than Medical,[Dental] [Word inserted by W.B. Act 8 of 1993.]and Engineering colleges), of whom one shall be a Principal of a Teachers’ Training College elected by the Principals of all affiliated colleges;(xix) three persons elected by the registered graduates from amongst themselves;(xx) three members of the West Bengal Legislative Assembly from the Assembly constituencies within the territorial jurisdiction of the University elected from amongst themselves by the members of the West Bengal Legislative Assembly of whom one shall belong to the subdivision of Kurseong or Kalimpong or Sadar subdivision of the district of Darjeeling;(xxi) three regular post-graduate students of the University of whom one shall be a lady student, elected by such students from amongst themselves.Explanation I.- "Regular post-graduate student" shall mean a student who has been prosecuting his studies in a post-graduate department of the University under any Faculty Council for post-graduate studies and who is not in default of payment of prescribed tuition fees and other dues of the University till such date as may be notified by the University in this behalf;Explanation II.- Notwithstanding anything contained elsewhere in this Act, a regular post-graduate student 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 post-graduate student, whichever is earlier;(xxii)[two regular students of undergraduate or post-graduate degree classes of affiliated colleges, of whom one shall be a student of a Government College, elected jointly by such undergraduate and post-graduate students from amongst themselves.] [Words substituted for the words 'two regular students of undergraduate or postgraduate degree classes of affiliated colleges of whom one shall be a student of a Government College, elected by such undergraduate students from amongst themselves.' by W.B. Act 20 of 1983.]Explanation I.- "Regular student" shall mean a student who has been prosecuting his studies in any stream in an undergraduate or post-graduate degree class of an affiliated college and who is not in default of payment of prescribed tuition fees and other dues of such college till such date as may be notified by the University in this behalf;Explanation II.- Notwithstanding anything contained elsewhere in this Act, a regular student 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;(xxiii) one Research Scholar or Research Fellow of the University elected by such 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 from 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;(xxiv) one member to be elected by the Librarians of the University and the colleges affiliated to the University from amongst themselves;(xxv) three members elected by the members of the non-teaching staff of the University from amongst themselves;(xxvi) two members elected by the members of the non-teaching staff of colleges affiliated to the University from amongst themselves;(xxvii) one member elected by the officers of the University from amongst themselves;(c)nominated members(xxviii) four persons 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 a member of a peasants’ organisation 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, and(d) one shall be a member of a secondary school teachers’ association within the territorial jurisdiction of the University;(xxix) [ one person nominated by the State Government from amongst the members of the Darjeeling Gorkha Hill Council constituted under the Darjeeling Gorkha Hill Council Act, 1988;] [[Clause (xxix) substituted by W.B. Act 3 of 1991. which was earlier as under:-'(xxix) one person nominated by the State Government from amongst the members of the Darjeeling Hill Areas Development Council;']](xxx) three persons nominated by the Chancellor to secure the representation of the professions;(xxxi) one person nominated by the Government of Sikkim.(2) All elections to the Court shall be held in the manner prescribed by Statutes.