Section 57 in The North Bengal University Act, 1981
57. Transitory provisions and repeal.
(1)The Vice-Chancellor holding office at the date of publication of this Act in the Official Gazette shall be the first Vice-Chancellor of the University and shall be deemed to have been appointed under this Act and he shall hold office for a period of two years from the date of publication of this Act in the Official Gazette or till he attains the age of 65 years, whichever is earlier.(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 Statutes, the Ordinances and the Regulations of the former University to be reviewed and, if he considers it necessary, cause them to be amended.(3)[ The first Vice-Chancellor shall, within six months from the date of publication of this Act in the Official Gazette or within such longer period as the State Government may, from time to time, by notification direct, cause arrangements to be made so as to complete, within the period of his office as the first Vice-Chancellor appointed under sub-section (1), the constitution of the Court, the Executive Council, the Faculty Councils for post-graduate studies, the Councils for undergraduate studies and the Boards of Studies in accordance with the provisions of the Statutes, the Ordinances and the Regulations of the former University as reviewed or amended under sub-section (2), as if they had already come into force.] [[Sub-section (3) substituted by W.B. Act 20 of 1983, w.e.f. 8.8.1983, which was earlier as under:-'(3) The first Vice-Chancellor shall, within six months from the date of publication of this Act in the Official Gazette or within such longer period, not exceeding one year from the date of publication of this Act in the Official Gazette, as the State Government may by notification direct, cause arrangements to be made for constituting the Court, the Executive Council, the Faculty Councils for post-graduate studies, the Councils for undergraduate studies and the Boards of Studies in accordance with the provisions of the Statutes, the Ordinances, and the Regulations of the former University as reviewed or amended under sub-section (2), as if they had already come into force.'.]](4)If, for any reasons,-(a)the constitution of the Court, the Executive Council 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 purposes of this section for such period [not exceeding two years] [Words 'not exceeding eighteen months' first substituted for the words 'not exceeding one year' by W.B. Act 28 of 1984, w.e.f. 11.9.1984, then the words within the third brackets substituted for the words 'not exceeding eighteen months' by W.B. Act 8 of 1985. w.e.f 6.3.1985.] 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 two years] [Words 'not exceeding eighteen months' first substituted for the words 'not exceeding one year' by W.B. Act 28 of 1984, w.e.f. 11.9.1984, then the words within the third brackets substituted for the words 'not exceeding eighteen months' by W.B. Act 8 of 1985. w.e.f 6.3.1985.] 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 Court, the Executive Council, the Faculty Councils for post-graduate studies, the Councils for undergraduate studies and the Boards of Studies shall commence to exercise their respective functions and the Statutes, the Ordinances, and the Regulations of the former University as reviewed or amended under sub-section (2) shall come into force [and shall be the first Statutes, the first Ordinances and the first Regulations of the University.] [Words substituted for the words 'and shall be the Statutes, the Ordinances and the Regulations of the University.' by W.B. Act 20 of 1983, w.e.f. 8.8.1983.](6)(a)The North Bengal University (Temporary Supersession) Act, 1978 (hereinafter referred to in this sub-section as the said Act) shall stand repealed with effect from the date of publication of this Act in the Official Gazette.(b)Notwithstanding such repeal,-(i)until the appointed day, the North Bengal University Council, referred to in clause (b) of section 4 of the said Act, shall continue to exercise all the powers and perform all the duties in the manner and on the terms and conditions provided in the said Act, and(ii)anything done or any action taken under the said Act shall be deemed to have been validity done or taken under this Act.(7)[The first Statutes, the first Ordinances and the first Regulations] [Words substituted for the words 'The Statutes, the Ordinances and the Regulations' by W.B. Act 20 of 1983, w.e.f. 8.8.1983.] shall remain in force until new Statutes, new Ordinances and new Regulations are made under the provisions of this Act.(8)The first Vice-Chancellor may, subject to the approval of the Chancellor, appoint such administrative, clerical and other staff as he deems necessary for giving effect to the provisions of this section.(9)On and from the appointed day the North Bengal University Act, 1961 shall stand repealed and thereupon-(a)the Statutes, the Ordinances and the Regulations of the former University shall, subject to the provisions of sub-section (5), stand repealed and all authorities or bodies of the former University shall cease to function;(b)all colleges and institutions affiliated to or recognized by the former University and continuing as such immediately before the appointed day shall be deemed to be affiliated to, or recognized by, the University;(c)all colleges or institutions of whatever kind established, maintained or managed by the former University prior to the appointed day shall be deemed to be colleges or institutions established, maintained or managed by the University under this Act;(d)all affairs, functions or activities of the former 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;(e)all things done or deemed to have been done and all actions taken or deemed to have been taken and all appointments made by the former University under the North Bengal University Act, 1961, shall be deemed to be things done or action taken or appointments made by the University under this Act as if this Act had been in force when such things were done or such actions were taken or such appointments were made:Provided that until such repeal references to the Vice-Chancellor under the said Act shall be deemed to be references to the first Vice-Chancellor under this Act.(10)In construing the provisions of section 17, section 20, section 22 and section 24 and in construing the provisions of the Statutes, the Ordinances and the Regulations of the University in relation to the constitution, under this section, of the Court, the Executive Council, the Faculty Councils for post-graduate studies, the Councils for undergraduate studies and the Boards of Studies, references to the heads of departments of teaching of the University, the University Professors, University Readers and University Lecturers, and Teachers of the University shall be deemed to be references to the persons holding offices respectivity as the heads of departments of teaching, Professors, Readers, Lecturers and Teachers of the University of North Bengal, immediately [before the date of publication of final list of voters for election under this Act and the Statutes to the Court, the Executive Council, the Faculty Councils for post-graduate studies, the Councils for undergraduate studies or the Boards of Studies, as the case may be.] [Words substituted for the words 'before the date of appointment of the first Vice-Chancellor.' by W.B. Act 20 of 1983, .w.e.f. 8.8.1983.](11)The provisions of this section shall have effect notwithstanding anything to the contrary contained elsewhere in this Act or in any other law.
