Section 57 in Sanskrit College and University, West Bengal Act, 2015
57. Transitory provisions and repeal.
(1)The Chancellor shall, within three months from the date of publication of this Act in the Official Gazette, appoint a person to be the Vice-Chancellor under sub-section (3) of section 58, and he shall be the first Vice-Chancellor of the University and shall hold office for a period of one year, which may be extended by one year by the Chancellor in consultation with the Minister. The first Vice-Chancellor shall exercise all the powers and perform all the duties of the Vice-Chancellor under this Act.(2)The first Vice-Chancellor shall, with the approval of the Chancellor and with the assistance of a committee consisting of not less than nine members nominated by the State Government, cause the first Statutes, the first Ordinances and the first Regulations of the University to be framed.(3)The first Vice-Chancellor shall within one year from the date of his appointment or within such longer period, not exceeding two years from the date of his appointment, as the State Government may, by notification in the Official Gazette, direct, cause arrangements to be made for constituting the Governing Board, the Faculty Council for Post-graduate and Undergraduate Studies and the Boards of Studies in accordance with the provisions of the first Statutes, the first Ordinances and the first Regulations of the University as framed under sub-section (2), as if they had already come into force.(4)If, for any reason,-(a)the Constitution of the Governing Board and other bodies referred to in sub-section (3) cannot be completed within the period of office of the first Vice-Chancellor appointed under sub-section (1), then on the expiry of such period, the Chancellor may in consultation with the Minister, on such terms and conditions as he thinks fit, appoint the first Vice- Chancellor whose period of office has expired or another person to be the Vice- Chancellor for the purpose of this section for such period not exceeding two years as the Chancellor thinks fit, or(b)a vacancy occurs in the office of the first Vice-Chancellor before the expiry of the period of his office, then, the Chancellor may, in consultation with the Minister, on such terms and conditions as he thinks fit, appoint another person to be the Vice-Chancellor for the purposes of this section for the unexpired portion of such period or such further period not exceeding three years as the Chancellor thinks fit, and references in this Act to the first Vice-Chancellor shall be deemed to include references to the Vice-Chancellor appointed under this sub-section.(5)The State Government shall, by notification in the Official Gazette, appoint a date and on and from such date the Governing Board, the Faculty Councils for Post-graduate and Undergraduate Studies and the Boards of Studies shall commence to exercise their respective functions and the first Statutes, the first Ordinances and the first Regulations of the University as framed under sub-section (2) shall come into force and shall be the first Statutes, the first Ordinances and the first Regulations of the University.(6)The first Statutes, the first Ordinances and the first Regulations of the University shall remain in force until new Statutes, new Ordinances and new Regulations are made under the provisions of this Act.(7)The first Vice-Chancellor may, subject to the approval of the State Government, and until constitution of the Sanskrit College and University Council, appoint such administrative, clerical and other teaching staff as he deems necessary for giving effect to the provisions of this section.(8)(a)All properties and all rights of whatever kind used, enjoyed or, possessed by, all interests of whatever kind owned by or, vested in or, held in trust by or, for the Sanskrit College as well as liabilities legally subsisting against the Sanskrit College shall pass to the University as constituted under this Act.(b)All sanctioned posts of the Sanskrit College shall stand transferred to the University and all Government employees i.e. all teaching and non-teaching staff employed in the College will continue to function under the University in their existing capacities till such time the posts are actually filled up by the University through the due selection process or the incumbents are posted elsewhere by appropriate Government Orders or Notifications to be issued from time to time; and until such time the said teaching and non-teaching staff during their tenure in the University will continue to enjoy the same pay and allowances upon the same terms and conditions of service with the same rights and privileges as to pension, gratuity, provident fund, savings cum group insurance scheme and other matters as they would enjoy as the State Government employees.(c)All Government employees including teachers, librarians and non-teaching staff who are presently employed in the Sanskrit College shall be given an opportunity to exercise their option for being considered for selection in the University service subject to the specified selection procedure adopted by the University.(9)On and from the appointed day -(a)section 58 shall stand repealed and thereupon the Sanskrit College and University Council referred in sub-section (1) of the said section, and all s bodies and all committees constituted by the, said Council, shall stand dissolved.(b)all affairs, functions or activities of the University, including studies and examinations, commenced and in progress before the appointed day, shall be deemed to be in progress as if they had been commenced by the University under this Act;(c)all things done or deemed to have been done, and all actions taken or deemed to have been taken under any law in force for the time being, shall be deemed to be things done or actions taken by the University under this Act as if this Act had been in force when such things were done or actions taken provided that until the appointed day references to the Vice-Chancellor under any such law shall be deemed to be references to the first Vice-Chancellor under this Act.(10)In construing the provision of section 20 and section 23, and in construing the provisions of the first Statutes, the first Ordinances and the Regulations of the University in relation to the constitution, under this section, of the Governing Board, the Faculty Councils for Post-graduate and Undergraduate studies, and the Boards of Studies, references to the Heads of departments of teaching of the University, the University Professors, University Associate Professors, University Assistant Professors, and teachers of the University shall be deemed to be references to the persons holding offices respectively as the Heads of teaching Departments, Professors, Readers or Associate Professors, Lecturers or Assistant Professors and teachers of the College, if any, immediately before the date of appointment of the first Vice-Chancellor.(11)The provisions of this section shall have effect notwithstanding anything to the contrary contained elsewhere in this Act or in any other law.
