Section 19 in The West Bengal University of Health Sciences Act, 2002
19. Constitution and function of the Executive Council.
(1)The Executive Council shall consist of the following members:-(a)the Vice-Chancellor;(b)three Pro-Vice-Chancellors;(c)the Director of Medical Education, West Bengal;(d)the Director of Health Services, West Bengal;(e)the Director of Homoeopathy, West Bengal;(f)the Director of Ayurveda, West Bengal;(g)a distinguished teacher from the West Bengal Nursing Services, nominated by the Government of West Bengal;(h)a distinguished teacher from the West Bengal Dental Services, nominated by the Government of West Bengal;(i)a Principal of any Institute of Pharmacy under the Government of West Bengal nominated by the Government of West Bengal;(j)the President of, the West Bengal Medical Council, the State Homoeopathic Council, the State Ayurvedic Council, the State Unani Council, in the State of West Bengal;(k)the Secretary, Department of Health and Family Welfare, Government of West Bengal or his nominee not below the rank of Deputy Secretary;(l)the Secretary, Department of Finance, Government of West Bengal, or his nominee not below the rank of Deputy Secretary;(m)two distinguished Professors of the West Bengal Medical Education Service nominated by the Department of Health and Family Welfare, Government of West Bengal;(n)an officer of the Department of Health and Family Welfare nominated by the Government of West Bengal;(o)two distinguished educationists nominated by the Chancellor of the University;(p)one member elected by the Members of the West Bengal Legislative Assembly, in the manner as may be prescribed, from amongst such Members of the West Bengal Legislative Assembly as are Members of the General Council;(q)a Dean of any Faculty nominated by the General Council.(2)The Vice-Chancellor shall be the Chairman of the Executive Council.(3)The term of office of the members of the Executive Council shall be three years subject to the following conditions :-(a)where a person has become a member of the Executive Council by reason of the office or appointment he holds, his membership shall terminate when he ceases to hold that office or appointment;(b)a member of the Executive Council shall cease to be a member if he resigns or becomes of unsound mind or becomes insolvent or is convicted of a criminal offence involving moral turpitude or if a member, other than the Vice-Chancellor or the Pro-Vice-Chancellor(s), accepts a full time appointment in the University;(c)if the membership of a member of the Executive Council is not previously terminated as provided in clauses (a) and (b) of this sub-section, such member shall relinquish his membership on the expiry of five years from the date on which he becomes member of the Executive Council but shall be eligible for renomination or reappointment, as the case may be;(d)a member of the Executive Council, other than an ex officio member may resign his office by a letter addressed to the Chairman of the Executive Council and such resignation shall take effect as soon as it is accepted by the Chairman of the Executive Council;(e)any vacancy in the Executive Council shall be filled up, either by appointment or nomination, as the case may be. by the respective authority entitled to make the same, and, on the expiry of the period of filling the vacancy, such appointment or nomination shall cease to be effective;(4)The powers and functions of the Executive Council shall be-(a)to appoint, the Vice-Chancellor, the Registrar, the Librarian, the Controller of Examinations, the Finance Officer and the members of the teaching staff, as may be necessary, on the recommendations of the Selection Committee constituted by regulations for the purpose:Provided that no action shall be taken by the Executive Council, except in the cases covered by clause (b) of this sub-section, in regard to the number, qualifications and emoluments of teachers or any other person, otherwise than after consideration of the recommendations to the Academic Council;(b)to create administrative, ministerial and other necessary posts, to determine the number and emoluments of such posts, to specify minimum qualifications for appointment to such posts, and to appoint persons to such posts on such terms and conditions of service as may be prescribed by regulations in this behalf, or to delegate the power of appointments to such authority or authorities or officer or officers as the Executive Council may, from time to time, by resolution, either generally or specifically, direct;(c)to grant, in accordance with the regulations, leave of absence, other than casual leave, to any officer of the University and to make necessary arrangements for the discharge of the function of such officer during his absence;(d)to manage and regulate the finances, accounts, investments, property business and all other administrative affairs of the University and, for that purpose, to appoint such agents as it may think fit;(e)to invest any money belonging to the University, including any unapplied income, in such stock, funds, shares or securities, as it may think fit, or in the purchase of immovable property in India, with the like power to vary such investment from time to time;(f)to transfer, or accept transfers, of any movable or immovable property on behalf of the University;(g)to enter into, vary, carry out, or cancel contracts on behalf of the University and, for that purpose, to appoint such officers as it may think fit;(h)to provide buildings, premises, furniture and apparatus and other means necessary for carrying on the work of the University;(i)to entertain, adjudicate upon, and if it thinks fit, to redress the grievances of the officers of the University, the teachers, the students and the University employees, who may, for any reason, feel aggrieved, otherwise than by an act of a court;(j)to appoint examiners and moderators, and, if necessary, to remove them and to fix their fees, emoluments and travelling and other allowances after consulting the Academic Council;(k)to select a common seal for the University and to provide for the custody of the seal; and(l)to exercise such other powers and to perform such other duties as may be conferred or imposed on it by or under this Act.(5)Meeting of the Executive Council shall be held in the following manner:-(a)the Executive Council shall meet at least once in six months and not less than fifteen days' notice shall be given for such meeting;(b)one-third members of the Executive Council shall constitute a quorum tor any meeting thereof;(c)in the case of difference of opinion among the members, the opinion of the majority shall prevail;(d)each member of the Executive Council shall have one vote and if there be equality of votes on any question to be determined by the Executive Council, the Chairman of the Executive Council or the member presiding over the meeting shall, in addition, have a casting vote;(e)every meeting of the Executive Council shall be presided over by the Vice-Chancellor or, in his absence, by a member selected by the members present;(f)if any urgent action by the Executive Council becomes necessary, the Vice-Chancellor may permit the business to be transacted by circulation of papers to the members of the Executive Council. The action proposed to be taken shall not be taken unless agreed to by a majority of members of the Executive Council. The action so taken shall forthwith be intimated to all the members of the Executive Council. The papers shall be placed at the next meeting of the Executive Council for ratification.(6)Constitution of the Standing Committee and appointment of ad hoc committees by the Executive Council shall be in the following manner:-(a)subject to the provisions of this Act and the regulations as may be made in this behalf, the Executive Council may, by resolution, constitute such Standing Committees or appoint ad hoc Committees for such purposes and with such powers as the Executive Council may think fit for exercising any power or discharging any function of the University for enquiring into, and reporting and advising upon, any matter relating to the University;(b)the Executive Council may co-opt such persons to a Standing Committee or an ad hoc Committee as it considers suitable and may permit them to attend the meetings of the Executive Council.(7)The Executive Council may, by resolution, delegate to the Vice-Chancellor or the Pro-Vice-Chancellor(s) or to the Controller of Examinations such of its powers as it may deem fit, subject to the condition that the action taken by the Vice-Chancellor or Pro-Vice-Chancellor(s) or the Controller of Examinations in the exercise of the powers so delegated shall be reported at the next meeting of the Executive Council.
