The West Bengal Universities and Colleges (Administration and Regulation) Act, 2017

22nd March, 2017.

(Act No. 7 of 2017)

The following Act of the West Bengal Legislature received the assent of the Governor and was first published in the Kolkata Gazette, Extraordinary, of the 22nd March, 2017.

An Act to provide better administration and to improve the quality of education in the State-aided higher education institutions in West Bengal and for such other matters connected therewith and incidental thereto.

Whereas, it is considered necessary and expedient to improve the functioning of the State-aided Universities and Government-aided colleges of West Bengal, and to bring about a certain uniformity and standardisation in the rules, practices and procedures of these educational institutions, and to ensure efficient and optimum utilisation of the resources at their disposal, and to clearly define the rights and duties of the various stakeholders as well as address their service and welfare-related issues, and to bring in greater responsibility, transparency and accountability among the managements and employees of the said Publicly-funded higher education institutions while respecting their need for institutional-autonomy, and to effect a synergistic functioning among the State Government, the State-aided Universities and Government-aided colleges so as to achieve an efficient and vibrant higher education system, and for such other matters connected therewith and incidental thereto;

It is hereby enacted as follows :-

CHAPTER I

Preliminary

1. Short title, extent and commencement. – (1) This Act may be called the West Bengal Universities and Colleges (Administration and Regulation) Act, 2017.
(2) It shall extend to the whole of West Bengal.
(3) It shall come into force on such date or dates as the State Government may, by notification in the Official Gazette, appoint.

2. Application of the Act. – This Act shall apply:-
(i) to all Universities established by or under any Act of the State Legislature and are receiving financial assistance from the State Government in any form; and

(ii) to all colleges including Colleges run by minorities, subject to specific provisions and exceptions made under this Act, and the provisions of the Constitution of India and which are receiving financial assistance on a regular basis from the State Government through the Pay Packet Scheme.

3. Definitions. – In this Act, unless the context otherwise requires;-

(i) “academic year” comprises of a period throughout which academic instruction is being given to a student in a particular Calendar year;

(ii) “actual income” in relation to a college, means the income actually realized by a college by way of tuition fees, fines and other charges from the students, by whatever name called;

(iii) “affiliated” in relation to a college, means affiliated to a University;

(iv) “Administrator” means an administrator of a college appointed by the State Government or by the affiliating University;

(v) “appointing authority” shall, for the purpose of this Act mean, the authority empowered to make appointment of any person in any post in any college or in any University in a prescribed manner;

(vi) “college” means a Government-aided college but shall not include a private or self-financing college;

(vii) “college authority” means the Governing Body or the Managing Committee or any other body, by whatever name called, charged with the management of the affairs of the college and shall include an Administrator for the purpose of this Act;

(viii) “Service commission” means the West Bengal College Service Commission constituted under the West Bengal College Service Commission Act, 2012 and such other Service Commission as may be constituted by the State Government;

(ix) “Director of Public Instruction” means the Director of Public Instruction, West Bengal, as appointed by the State Government, by order;

(x) “employee” means the employee of a college or a university including teachers, librarians, officers and non-teaching staffs;

(xi) “fee” means all fees including tuition fee and other charges, by whatever description called;

(xii) “Governing Body” means the Governing Body of a college duly constituted as per the prescribed procedure, and includes any managing committee or any other body for that purpose;

(xiii) “Government-aided college” means a college receiving grants from the State Government under the pay packet Scheme irrespective of the fact that the administration of such a college is run by a minority, but does not include a Government College;

(xiv) “Minority college” means a college which is run and administered by a minority, whether based on religion or language, declared and approved as such by the State Government or any other appropriate authority, as the case may be;

(xv) “Non-teaching employee” means an employee appointed in a sanctioned post of a college or of a University not holding any teaching post or officer’s post;

(xvi) “prescribed” means prescribed by rules, orders, notifications made by the State Government under this Act;

(xvii) “Principal” means the Principal of a college and includes a Vice-principal or a Teacher-in-Charge for the purposes of this Act;

(xviii) “Pay Packet Scheme” means the scheme of the State Government for the purpose of releasing periodical salaries and allowances to the teachers and other employees of a college in such manner as may be prescribed;

(xix) “State Government” means the Government of West Bengal in the Higher Education, Science and Technology and Biotechnology Department;

(xx) “Students’ Body or Union” means duly-constituted students’ body or union, as the case may be, of a college or of a University;

(xxi) “Teacher of a college” means a Principal, an Assistant Professor, Associate Professor or Professor holding a sanctioned teaching post in a college and includes Librarian and Graduate Laboratory Instructor and such other posts as may be determined by the state Government from time to time;

(xxii) “Teacher of a University” means an Assistant Professor, Associate Professor, holding a sanctioned teaching post including Librarians in a university and such other posts as may be determined by the State Government from time to time;

(xxiii) “University” means a University constituted by an Act of State Legislature and receiving regular financial assistance from the State Government;

(xxiv) “vice-Principal” means a person, who shall discharge the functions of the Principal in his absence, and to be appointed as such of the State Government from amongst the teacher of college in such manner and on such terms and conditions, as may be prescribed.

CHAPTER II

Administration of Colleges

4. Governing Body of Colleges. – (1) There shall be a Governing Body in every college to be constituted in the manner and procedure provided under the provisions of this Act.
(2) Notwithstanding anything contained in any other law for the time being in force or in any custom or usage to the contrary the constitution, powers and functions of the Governing Bodies for all colleges shall be uniform irrespective of the nature of their promoting or sponsoring bodies:

Provided that the Government-aided colleges run by minorities may adopt their own rules regarding constitution, powers and functions of their Governing Bodies with the approval of the State Government.

(3) Notwithstanding anything contained in any other law for the time being in force, or in any custom or usage to the contrary, the State Government shall have power to dissolve the Governing Body of a college, other than the college run by minorities, if, in the opinion of the State Government that the Governing Body of such college is unable to perform its functions as per provisions of this Act or the statutes of the affiliating University, or the continuance of the Governing Body or any of its members in such Governing Body is detrimental to the interest of the college, and in every such case, the State Government may appoint an Administrator in place of the Governing Body who shall discharge all functions for such period as may be determined by the State Government or until constitution of a new Governing Body, whichever is earlier.

(4) The affiliating University shall, in every such case, take steps to constitute the new Governing Body of such college referred to in sub-section (3) within such time as may be prescribed.

5. Constitution of the Governing Body. – (1) Notwithstanding anything contained in any other law for the time being in force or in any custom or usage to the contrary, the Governing Body of every Government-aided College shall consist of the following members, namely:-
(i) the President shall be a person interested in education, and shall be nominated by the State Government from amongst the members of the Governing Body or from outside:

Provided that the employees or the students of the concerned college shall not be eligible for nomination as President;
(ii) the Principal or the Vice-Principal or the Teacher-in-Charge, as the case may be, of the concerned college, who shall act as the ex Officio Secretary to the Governing Body;

(iii) three whole time regular teachers including librarians and Graduate Laboratory Instructors, to be elected from amongst them;

(iv) one non-teaching employee to be elected from amongst them;

(v) two persons to be nominated by the State Government and one person to be nominated by the West Bengal State Council of Higher Education constituted under the West Bengal State Council of Higher Education Act, 2015 respectively;

(vi) one representative from amongst the donor of the college or from the sponsoring body promoting the establishment of the concerned college;

(vii) two persons to be nominated by the affiliating University from amongst eminent educationists, of whom at least one shall be a woman;

(viii) one student representative, who shall be the General Secretary of the duly-constituted Students’ Body or Union, as the case may be, of the college.

(2) All existing members of the Governing Bodies which were constituted immediately preceding the dite of coming into effect of this Act shall continue to be the member of such Governing Body until the normal tenure of the Governing Body expires by efflux of time or unless it is dissolved by the State Government, whichever is earlier.
(3) The tenure of the Governing Body shall be such as may be determined by the State Government from time to time.
(4) Every meeting of the Governing Body shall be convened in the name of the President:

Provided that the President’s absence in any meeting of the Governing Body shall not invalidate the proceedings of the Governing Body if any one of the nominees of the State Government is present in such meeting and the quorum has been duly formed:
Provided further that one third of the members shall form a quorum in every meeting of the Governing Body.
(5) Powers and functions of the Governing Body shall be such as may be provided in the statutes of the affiliating University.

6. Duties of the Principal. – (1) To improve the functioning of the colleges, the college management shall introduce different measures for ensuring attendance, punctuality and work output, as may be prescribed by the State Government from time to time.
(2) For all employees of the college there shall be prepared Annual Confidential Report and Performance Appraisal Report for every year in such manner and to be maintained in such form as may be prescribed by the State Government, from time to time.
(3) Every employee of the college, including the Principal, shall submit in a sealed envelope before the Governing Body, with a copy to the State Government, an annual declaration of his assets of movable and immovable properties in such manner as may be prescribed in this behalf.

7. Funds and accounts of college. – (1) There shall be a fund in every college which shall be credited with all money received from tuition fees and other fees and charges as may be determined by the State Government from time to time.
(2) Every college shall maintain proper records of accounts which shall be duly audited internally by a qualified State Government-empanelled Chartered Accountant as defined under section 2 (b) of the Chartered Accountants Act, 1949, in the manner may be prescribed and shall submit such accounts before the State Government annually within six months of the following Financial year.
(3) Subject to the provisions of sub-section (2), the State Government shall cause periodic audit of the fund and accounts of every college in such manner as may be prescribed.
(4) If any college fails to comply with any of the provisions of this Act, the State Government may take such action as it may deem necessary and lawful.
(5) If any college, other than the college run by minorities, fails to comply any of the provisions of this Act, the State Government may, by order, supersede the college authority for a certain period and appoint an Administrator to discharge the functions of the college for such time as may be determined by the state Government.

8. Inspection. – (1) The State Government may, from time to time, cause inspection of the affairs of the college, other than the college run by minorities, including its administrative and financial activities as and when the State Government considers it necessary.
(2) Such inspection shall ordinarily be made upon prior notice to the college authority.

9. Student’s Body or Union of Colleges. – (1) There shall be a Students’ Body or Union, as the case may be, in every college and the General Secretary of such body or union shall be a member of the Governing Body, for a period of one year from the date of his election.
(2) The composition, functions, duties and responsibilities of the Students’ Body or the Union, as the case may be, including the manner, procedure and eligibility to participate in the election shall be such as may be prescribed.

CHAPTER III

Employees of Colleges

10. Appointment of teachers, librarians and no. – teaching employers.-(1) Notwithstanding anything contained in any other law for the time being in force or in any custom or usage to the contrary, appointment of all teachers, librarians and other employees of every college, except the colleges run by minorities, shall be made by the Governing Body, on the recommendation of the Service Commission.
(2) A recommendation of the Service Commission shall not automatically confer any right upon the candidates for appointment and shall be subject to satisfactory completion of verification of his personal testimonials including proof of age and educational qualifications along with all antecedents and medical examination report from the appropriate authorities.
(3) If any discrepancy is found during verification of a candidate as stated under sub-section (2), his candidature shall be liable to be cancelled.
(4) The terms and conditions of service including the manner and procedure of holding disciplinary proceedings and punishment thereof; of all the employees of the colleges shall be such as may be prescribed.

11. Transfer of employees of the college. – (1) Every teacher, librarian and non-teaching employee of a college, other than colleges run by minorities, may, once in a life time of his service apply for mutual transfer or transfer of his own seeking in any other college within the State in such manner as may be prescribed.
(2) The State Government may, in the interest of public service, place the service of any teacher, librarian or non-teaching employees to another college on transfer.

CHAPTER IV

Provident Fund

12. Provident Fund. – (1) The Provident Fund of all regular employees of a college or University shall be maintained in the State Government Treasury.
(2) Every employee of a college or University shall be provided with a Provident Fund account.
(3) All balances in the Provident Fund held by the college or by the University in any form shall be transferred to the State Government treasury within such time as may be directed by the State Government.
(4) Other rules regulating the financial business of the college or the University shall be such as may be prescribed.

CHAPTER V

Administration of Universities

13. Administrative of Universities. – (1) Notwithstanding anything contained in any other law for the time being in force or in any custom or usage to the contrary wherever it is proposed to nominate a person by the chancellor in any body or authority of any university or other body corporate, such person shall henceforth be nominated by the Chancellor in consultation with the State Government.
(2) Notwithstanding anything contained in any other law for the time being in force or in any custom or usage to the contrary no University, without the prior approval of the State Government, shall, after the commencement of this Act,-
(a) permit any person to work under the University beyond the prescribed age of superannuation except in the manner notified by the state Government;

(b) dispose of or sell any immovable property of the University;

(c) declare setting up or conversion of any post of Officer or teacher of the University;

(d) such other act or acts as may be prescribed by the State Government.

(3) The State Government may, subject to availability of fund, allow the application for creation of teaching, non-teaching and officers’ posts in such University on its discretion, after considering the need for staff in the University.
(4) The State Government may, by order, from time to time, revise the scale of pay attached to the post of teachers, officers or non-teaching employees or sanction any new allowance thereof.
(5) The State Government may, by, order, regulate the expenditure of a University and may revise such rules from time to time.

14. Employees of the University. – (1) Notwithstanding anything contained-in-,any other law for the time being in force, or in any custom or usage to the contrary no person can be appointed in any post in the University without satisfactory completion of verification of his personal testimonials including proof of age and educational qualifications along with all antecedents and medical examination report from the appropriate authorities.
(2) If any discrepancy is found during verification of a candidate as stated under sub-section (1), his candidature shall be liable to be cancelled.
(3) To improve the functioning of the Universities, the University Authorities shall introduce different work efficiency measures for ensuring attendance, punctuality and work output as may be prescribed by the State Government, from time to time, and a report shall be placed before the appropriate decision-making bodies of the Universities on a regular basis.
(4) For all employees of the University there shall be prepared Annual Confidential Report and Performance Appraisal Report for every year in such manner and to be maintained in such form as may be prescribed by the State Government, from time to time.
(5) Every employee of the University, including the Vice-Chancellor, or the Pro-Vice-Chancellor, shall submit in a sealed envelope before the Senate or the Court, as the case may be, with a copy to the State Government, an annual declaration of his assets of movable and immovable properties in such manner as may be prescribed in this behalf.

15. Inquiry into the affairs of the University. – (1) The State Government shall have the power to enquire into the affairs of the University, as and when it considers necessary.
(2) Every such inspection shall ordinarily be made with prior notice to the University.
(3) Notwithstanding anything contained in any other law for the time being in force, the Statutes of all State-aided Universities. shall be uniform in respect of the Dowers and functions of the various officers and authorities of the University, the procedure for holding election to various authorities of the University, the procedure for holding meetings of the various bodies and authorities of the University, the procedure and terms and conditions for affiliation of colleges, the rights and duties of employees of the affiliated colleges, the provisions regarding holding of convocation and conferment of Degrees, Diplomas and title’s, and such other subjects as may be prescribed from time to time.

16. Students’ Body or Union of the University. – (1) There shall be a Students’ Body or Union, as the case may be, in every University.
(2) The composition, functions, duties and responsibilities of the Students’ Body or Union, as the case may be, including the manner procedure and eligibility to participate in the election shall be such as may be prescribed.

CHAPTER VI

Miscellaneous

17. Power to make rules. – (1) The State Government shall have power to make rules for the purpose of carrying out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing provisions of this Act, the State Government shall have power to make rules in relation to:-
(i) the terms and conditions of service of all employees of colleges and Universities;

(ii) code of conduct and discipline for all the employees of the colleges and Universities;

(iii) manner and procedure for holding disciplinary proceedings against employees of the colleges and Universities;

(iv) manner and procedure of transfer, including mutual transfer and transfer of his own seeking in respect of all the employees of the colleges, other than the colleges run by minorities;

(v) manner and procedure for maintaining funds and accounts of the colleges and Universities including the procedure for maintaining Provident Fund of the employees of the colleges and Universities:

(vi) such other subject as the State Government considers necessary for the purposes of this Act.

(3) Every rule made under this Act shall, as soon they are made, be laid in the Legislative Assembly while it is in session.

18. Powers to give directions. – The State Government shall have the power to give directions to any college or in any University in any matter not inconsistent with the provisions of this Act and the college or the University shall be duty bound to comply.
19. Power to remove difficulties. – (1) The State Government shall have the power to remove any difficulty as may arise in applying the provisions of this Act to any college or University covered under this Act.
(2) The decision of the State Government shall, in every case, be final in regard to any dispute in between the State Government and the College or the University in effecting the provisions of this Act.

20. Power to relax. – The State Government shall have the power to relax any of the provisions of this Act or any rule, notification, order, schemes or by-laws made under this Act in relation to any college or any University in the interest of public service.

21. Overrriding effect. – Notwithstanding anything contained in any other law or in any custom or usage for the time being in force, or in any Statutes, Ordinances, Rules and Regulations mad,e by any authority under any law for the time being in force that is repugnant to the provisions of this Act, the provisions of this Act, to the extent of such repugnancy, shall have overriding effect against any such law, custom, usage, Statutes, Ordinances, Rules and Regulations.

22. Savings. – Anything done or purported to have been done in pursuance of any law for the time being in force by the State Government immediately preceding the date of coming into effect of this Act, shall have effect to the extent it is not inconsistent with the provisions of this Act, as if this Act had not yet come into effect.

William Carey University Act, 2005

1. Short title and Commencement.
2. Definitions.
3. Proposal for the establishment of the University.
4. Establishment of University.
5. University not to be entitled to financial assistance.
6. Constituent Colleges and Affiliated Colleges.
7. Objectives of the University.
8. Powers of the University.
9. University open to all classes, castes, creed, religion language and gender.
10. National Accreditation.
11. Officers of the University.
12. The Visitor.
13. The Chancellor.
14. The Vice-Chancellor.
15. Deans of Faculties.
16. The Registrar.
17. The Finance Officer.
18. Other Officers.
19. Authorities of the University.
20. The Board of Governors and its powers.
21. The Board of Management.
22. The Academic Council.
23. The Finance Committee.
24. Other Authorities.
25. Proceedings not invalidated on account of vacancy.
26. Statutes.
27. Statutes how made.
28. Power to amend the Statutes.
29. Rules.
30. Rules how made.
31. Power to amend Rules.
32. Conditions of service of employees.
33. Right to appeal.
34. Provident fund and pension.
35. Disputes as to Constitution of University authorities and bodies.
36. Constitution of committees.
37. Filling of casual vacancies.
38. Protection of action taken in good faith.
39. Transitional provisions.
40. Endowment Fund.
41. General Fund.
42. Development fund.
43. Maintenance of fund.
44. Annual Report.
45. Account and audit.
46. Mode of proof of University record.
47. Dissolution of University.
48. Expenditure of the University during dissolution.
49. Laying of Statutes and Rules.
50. Removal of difficulties.

Lawline

William Carey University Act, 2005

Meghalaya Act No. 13 of 2005

[Dated 13th July, 2005]

As passed by the Meghalaya Legislative Assembly

[Received the assent of the Governor on the 6th July, 2005]

No. LL.(B) 11/2005/50. – The William Carey University Act, 2005 (Act No. 13 of 2005) is hereby published for general information.

An Act to establish and incorporate University in the State, with emphasis on providing high quality and industry relevant education in the areas of Management. IT, Bio-technology, Education, Environment and other scientific study and research sponsored by ACTS Academy of Higher Education affiliated to ACTS Ministries, Bangalore, India and to provide to matters connected therewith or incidental thereto.

Be it enacted by the Legislature of the State of Meghalaya in the Fifty-sixth Year of the Republic of India as follows :-

CHAPTER 1

Preliminary

1. Short title and Commencement. – (1) This Act may be called William Carey University Act, 2005.
(2) It shall be deemed to have come into force on the date of notification issued by the State Government.

2. Definitions. – In this Act, unless the context otherwise indicates :

(i) “Academic Council” means the Academic Council of the University;

(ii) “Act” means the William Carey University Act, 2005;

(iii) “ACTS” means acronym for Agriculture, Crafts Trades and Studies;

(iv) “Adjunct Campuses” means campus or campuses which are attached to the University in addition to the main campus;

(v) “AICTE” means the All India Council for Technical Education established under Section 3 of the All India Council for Technical Education Act, 1987;

(vi) “Affiliated College” means a college or an institution which is affiliated to the University in accordance with the guidelines issued by the UGC;

(vii) “Annual Report” means the Annual report of the University as explained in Section 44 of the Act;

(viii) “Board of Governors” means the Board of Governors of the University as explained in Section 20 of the Act;

(ix) “Board of Management” means the Board of Management of the University as explained is Section 21 of the Act;

(x) “Chancellor” means Chancellor of the University as explained in Section 13 of the Act;

(xi) “Constituent College” means a college or an institution maintained by the University;

(xii) “DCF” means Dental Council of India;

(xiii) “DEC” means Distant Education Council;

(xiv) “Development Fund” means the Development Fund of the University as explained in Section 42 of the Act;

(xv) “Distance Education System” means the system of imparting education through any means of information technology and communication such as multimedia, broadcasting, telecasting, online over internet, other interactive methods, e-mail, internet, computer, interactive talk-back, e-learning, correspondence course, seminar, contact program or a combination of any two or more of such means;

(xvi) “Endowment Fund” means Endowment fund of the University as explained in Section 40 of the Act;

(xvii) “Employee” means employee appointed by the University, and includes teachers and other staff of the University or of a constituent college;

(xviii) “Faculty” means faculty of the University;

(xix) “Finance Officer” means Finance Officer of the University as explained in Section 17 of the Act;

(xx) “General Fund” means General Fund of the University as explained in Section 41 of the Act;

(xxi) “INC” means Indian Nursing Council;

(xxii) “MCI” means Medical Council of India;

(xxiii) “NCTE” means National Council for Teachers Education;

(xxiv) “Prescribed” means prescribed by the Statutes;

(xxv) “Principal” in relation to a constituent college, means the Head of the constituent college and incudes, where there is no Principal, the Vice-Principal or any other person for the time being appointed to act as Principal;

(xxvi) “Regional Center” means a center established or maintained by the University for the purpose of co-ordinating and supervising the work of Study Centres in any region and for performing such other functions as may be conferred on such center by the Board of Management in accordance with the guidelines issued by the UGC;

(xxvii) “Registrar” means Registrar of the University as explained in Section 16 of the Act;

(xxviii) “Rules” means the Rules of the University;

(xxix) “Sponsor” means the ACTS Academy of Higher Education, which is affiliated to ACTS Ministries, Bangalore, India;

(xxx) “State” means the State of Meghalaya;

(xxxi) “State Government” means the State Government of Meghalaya;

(xxxii) “Statutes” means the Statutes of the University;

(xxxiii) “Study Centre” means a center established maintained or recognized by the University for the purpose of advising counselling or for rendering any other assistance including training, conducting contact classes and administering examinations required by the students in accordance with the guidelines issued by the UGC;

(xxxiv) “Teacher” means a Professor, Associate Professor, Assistant Professor/Lecturer or such other persons as may be appointed for imparting instruction or conducting research in the University or in a constituent college or institution and includes the Principal of a constituent college or institution, in conformity with the norms prescribed by the UGC;

(xxxv) “UGC” means the University Grants Commission established under the University Grants Commission Act, 1956;

(xxxvi) “University” means the William Carey University, established under this Act; and

(xxxvii) “Vice-Chancellor” means Vice-Chancellor of the University as explained in Section 14 of the Act;

(xxxviii) “Visitor” means the Visitor of the University as explained in Section 12 of the Act;

CHAPTER 2

The University and its Objects

3. Proposal for the establishment of the University. – (1) The Sponsor shall have the right to establish the University in accordance with the provisions of this Act and the guidelines issued by the UGC.
(2) An application containing the proposal of establish a University shall be made to the State Government by the Sponsor.
(3) The proposal may contain the following particulars, namely-
(a) The objects of the University along with the details of the Sponsor;

(b) The extent and status of the University and the availability of land;

(c) The nature and type of programs of study and research to be undertaken in the University during a period of the next five years;

(d) The nature of faculties courses of study and research proposed to be started;

(e) The campus development such as buildings, equipment and structural amenities;

(f) The phased outlays of capital expenditure for a period of the next five years;

(g) The item-wise recurring expenditure sources of finance and estimated expenditure for each student;

(h) The scheme for mobilizing resources and the cost of capital thereto and the manner of repayments to each source;

(i) The scheme of generation of funds internally through the recovery of fee from students, revenues anticipated from consultancy and other activities relating to the objects of the University and other anticipated incomes;

(j) The details of expenditure on unit cost, the extent of concessions or rebates in fee, freeship and scholarship for students belonging to economically weaker sections and the fee structure indicating varying rate of fee, if any, that would be levied on non-resident Indians and students of other nationalities;

(k) The history and credentials of the sponsor including years of experience and expertise in the concerned discipline at the command of the Sponsor as well as the financial resources;

(l) The system for selection of students to the courses of study at the University;

(m) Status of fulfilment of such other conditions as may be required by the State Government to be fulfilled before the establishment of the University.

(n) Nature and types of its partnership and affiliations; and

(o) Such other conditions as may be required by the State Government to be fulfilled before the establishment of the University.

4. Establishment of University. – (1) Where the State Government, after such inquiry as it may deem necessary, is satisfied that the Sponsor has fulfilled the conditions specified in sub-section (2), of Section 3, it may direct the Sponsor, to establish an Endowment Fund in accordance with the guidelines issued by the UGC.
(2) After the establishment of the Endowment Fund, the State Government may, by notification in the Official Gazette, accord sanction for establishment of the University in accordance with the guidelines issued by the UGC.
(3) The headquarters of University shall be at Shillong and it may have campuses or Regional Centres, Study Centres anywhere in India and abroad with prior approval of the UGC, the respective State Governments, the Government of India and the Government of the Host Country as the case may be:

Provided that after the development of the main Campus and after 5 years of its coming into existence the University obtains permission from the UGC to set up such off-Campus Centre(s) and/or Study Centre(s) and/or regional centres and /or off-shore campuses.
(4) The Chancellor, the Vice-Chancellor, members of the Board of Governors, members of the Board of Management and the Academic Council for the time being holding office as such in the University so established, shall constitute a body corporate and can sue and be sued in the name of the University.
(5) On the establishment of the University under sub-section (2), the land and other movable and immovable properties acquired, created, arranged or built by the University for the purpose of the University in the State of Meghalaya shall vest in the University.
(6) The land, building and other properties acquired for the University shall not be used for any purpose, other than that for which the same is acquired.

5. University not to be entitled to financial assistance. – The University shall be self-financing and shall neither make a demand nor shall be entitled to any grant in-aid or any other financial assistance from the State Government or any other body or corporation owned or controlled by the State Government.

6. Constituent Colleges and Affiliated Colleges. – (1) The University may have constituent colleges, Regional Centers and Study Centres subject to the conditions specified in Section 4 sub-section 3 and in accordance with the guidelines issued by the UGC.
(2) The University may with the prior approval of the Board of Governors, affiliate any college or other institution in accordance with the guidelines issued by the UGC.

7. Objectives of the University. – The objectives for which the University is established are as follows :
(a) To provide instruction, teaching, training and research in selected fields of professional development and make provisions for research, advancement and dissemination of knowledge therein with focus on the development of North East in general, and Meghalaya in particular;

(b) To establish a campus in the State of Meghalaya, and to have study centers, campuses and examination centers at different places in India and abroad in accordance with the guidelines issued by the UGC;

(c) To offer class room and field oriented campus based programmes in various fields of professional education such as Management, IT, Bio-technology, Education, Environment and other scientific study and research;

(d) To offer programs of study for continuing and through the distance education mode by formal and non-formal methods of international quality;

(e) To institute degrees, diplomas, charters, certificates and other academic distinctions on the basis of examination, or any other method of evaluation in keeping with professional requirements and for recognition of merit ad competence;

(f) To collaborate with other colleges or universities, research institutions, industry associations corporate and business houses, like-minded associations, church bodies, professional associations including the International Council for Higher Education or any other organization, in India or abroad, to conceptualize, design and develop specific educational and research programs, training programs and exchange programs for students, faculty members and others;

(g) To facilitate knowledge and skills through workshops seminars, conferences, short-term and long-term intensive programs, community development programs, publications, and training programs;

(h) To utilize computer managed e-learning facilities for learning through national and international networks;

(i) To undertake programmes for the training and development of faculty members of the University and other institutions in India or abroad;

(j) To undertake collaborative research with any organization in India or abroad;

(k) To create higher levels of intellectual abilities and professional development through Centres, Institutes or Academies to function under the University;

(l) To provide consultancy to individuals, institutions, industry, Government and Non-Government Organizations in areas of professional expertise;

(m) To ensure that the standard of the degrees, diplomas, charters, certificates and other academic distinctions are not lower than those laid down by AICTE/NCTE/UGC/DEC/DCI/MCI/INC and Pharmacy Council;

(n) To encourage writing, researching, publishing and distribution;

(o) To do all things necessary or expedient to promote the above objectives, and

(p) To pursue any other objective as may be approved by the State Government.

8. Powers of the University. – 1. The University shall have the following powers viz. :-
(a) To establish, maintain and recognize such Regional Centres and Study Centres as may be determined by the University from time to time in the manner laid down by the statutes in accordance with the guidelines issued by the UGC;

(b) To carry out all such other activities as may be necessary or feasible in furtherance of the object of the University;

(c) To confer degrees, diplomas, charters, certificates or other academic distinctions and professional designations in the manner and under conditions laid down in the Statutes;

(d) To institute and award fellowships scholarships and prizes etc. in accordance with the Statutes;

(e) To demand and receive such fees, bills, invoices and collect charges as may be fixed by the Statutes or rules, as the case may be;

(f) To make and terminate appointments of the faculty, officers and employees of the University or a constituent college, affiliated colleges, Regional Centres, Study Centres located in India and abroad in accordance with the guidelines issued by the UGC;

(g) To receive donations and gifts of any kind and to acquire, hold, manage, maintain and dispose of any movable or immovable property including trust and endowment properties for the purpose of the University or a constituent college, or a Regional Centre, Study Centre in accordance with the guidelines, issued by the UGC;

(h) To accept students from all sections of the community regardless of caste, race or creed;

(i) To ensure that the land, building and other properties acquired for the University shall not be used for any purpose, other than that for which the same is acquired;

(j) To co-operate and collaborate with other Universities and Institutions in such a manner and for such purposes as the University may determining from time to time;

(k) To offer programs on distance learning basis and continuing education and the manner in which such programs are offered by the University;

(l) To make special provision for students belonging to the State of Meghalaya for admission in any course of the University or in a constituent college, affiliated college, regional centre or study centre;

(m) To do all such other acts or things whether incidental to the powers aforesaid or not, as may be necessary to further the objects of the University;

(n) To recognize examinations or periods of study (whether in full or in part) of other Universities, institutions or other places of Higher learning as equivalent to examinations or period of study in the University and to withdraw such recognition at any time; and

(o) To manage all properties, movable and immovable and land acquired, created, arranged or built by the University for the purpose of the University in the State of Meghalaya which shall vest in the University and to ensure that such land, building and other properties acquired for the University shall not be used for any purpose, other than that for which the same is acquired.

9. University open to all classes, castes, creed, religion language and gender. – The University shall be open to all persons irrespective of class, caste, creed religion, language or gender :
Provided that nothing in this section shall be deemed to require the University from making special provisions for admission to students of the State.

10. National Accreditation. – The University will seek accreditation from respective national accreditation bodies.

CHAPTER 3

Officers of the University

11. Officers of the University. – The following shall be the officers of the University :
(a) The Chancellor;

(b) The Vice-Chancellor;

(c) The Registrar;

(d) The Finance Officer; and

(e) Such other offices as may be declared by the Statutes to be officers of the University.

12. The Visitor. – (1) The Governor of Meghalaya will be the Visitor of the University.
(2) The Visitor shall, when present preside at the convocation of the University’ for conferring Degrees, Diplomas, Charters, Designations and Certificates.

(3) The Visitor shall have the following powers namely-
(a) To call for any paper or information relating to the affairs of the University, and

(b) On the basis of the information received by the Visitor, if he is satisfied that any order, proceeding, or decision taken by any authority of the University is not in conformity with the Act, Regulations or Rules, he may issue such directions as he may deem fit in the interest of the University and the directions so issued shall be complied with by all concerned.

13. The Chancellor. – (1) The Sponsor shall, with the prior approval of the Visitor, appoint a person suitable to be appointed as the Chancellor of the University.
(2) The Chancellor so appointed shall hold the office for a period of five years.
(3) The Chancellor shall be the head of the University.
(4) The Chancellor shall preside at the meeting of the Board of Governors and shall, when the Visitor is not present, preside at the convocation of the University for conferring degrees, diplomas, Charters, Designations or Certificates.

(5) The Chancellor shall have the following powers namely :-
(a) To call for any information or record relating the affairs of the University;

(b) To appoint the Vice-Chancellor;

(c) To remove the Vice-Chancellor;

(d) To issue such directions as he deem fit in the interest of the University and the directions so issued shall be complied with by all concerned; and

(e) Such other powers as may be conferred on him by this Act or the Statutes made thereunder.

14. The Vice-Chancellor. – (1) The Vice-Chancellor shall be appointed on such terms and conditions as may be prescribed by the statutes for a term of four years by the Chancellor.
(2) The Vice-Chancellor shall be appointed by the Chancellor from a panel of three persons recommended by the Board of Governors and shall hold office for a term of four years. Provided that, after explanation of the term of four years, the Vice-Chancellor shall be eligible for a re-appointment for another term not exceeding four years.
(3) The Vice-Chancellor shall be the Principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of the authorities of the University.
(4) If in the opinion of the Vice-Chancellor it is necessary to take immediate action on any matter for which powers are conferred on any other authority by or under this Act, he may take such action as he deemed necessary and shall at the earliest opportunity thereafter report his action to such officers or authority as would have in the ordinary course dealt with the matter:
Provided that if in the opinion of the concerned authority such action should not have been taken by the Vice-Chancellor, then such case shall be referred to the Chancellor, whose decision thereon shall be final:
Provided further that where any such action taken by the Vice-Chancellor affects any person in the service of the University, such person shall be entitled to prefer, within three months from the date on which such action is communicated to him, an appeal to the Board of Governors and the Board of Governors may confirm or modify or reverse the action taken by the Vice-Chancellor.
(5) If in the opinion of the Vice-Chancellor any decision of any authority of the University is outside the powers conferred by this Act, Statutes or is likely to be prejudicial to the interest of the University, he shall request the concerned authority to revise its decision within seven days from the date of his decision and in case the authority refuses to revise such decision wholly or partly or fails to take any decision within seven days, then such matter shall be referred to the Chancellor and his decision thereon shall be final.
(6) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be laid down by the Statutes or the Rules.
(7) The Vice-Chancellor shall preside at the convocation of the University in the absence of both, the Visitor and the Chancellor, for conferring degrees, diplomas, Charters, Designations or Certificates.
(8) The Chancellor is empowered to remove the Vice-Chancellor after due enquiry. It will be open to the Chancellor to suspend the Vice-Chancellor during enquiry depending upon the seriousness of the charges, as he may deem fit.
15. Deans of Faculties. – Deans of faculties shall be appointed by the Vice-Chancellor in such manner and shall exercise such powers and perform such duties as may be prescribed by Statutes.
16. The Registrar. – (1) The appointment of the Registrar shall be made in such manner as may be prescribed by the Statutes.
(2) All contracts shall be signed and all documents and records shall be authenticated by the Registrar on behalf of the University.
(3) The Registrar shall exercise such other powers and perform such other duties as may be prescribed or may be required from time to time, by the Board of Governors.
(4) The Registrar shall be responsible for the due custody of the records and the common seal of the University and shall be bound to place before the Chancellor, the Vice-Chancellor or any other authority, all such information and documents as may be necessary for transaction of their business.
(5) The Registrar shall exercise such other powers and perform such other duties as may be prescribed by the Statutes and authorized by the Vice-Chancellor.
17. The Finance Officer. – The Finance Officer shall be appointed by the Board of Governors in such manner and shall exercise such powers and perform such duties as may be prescribed.
18. Other Officers. – The manner of appointment, terms and conditions of service and powers and duties of the other officers of the University shall be such as may be prescribed in accordance with the guidelines issued by the UGC.
CHAPTER 4

Authorities of the University

19. Authorities of the University. – The following shall be the authorities of the University, namely-
(a) The Board of Governors;

(b) The Board of Management;

(c) The Academic Council;

(d) The Finance Committee; and

(e) Such other authorities as may be declared by the Statutes to be the authorities of the University.

20. The Board of Governors and its powers. – (1) The Board of Governors shall consist of the following-
(a) The Chancellor;

(b) The Vice-Chancellor;

(c) Three persons nominated by the Sponsor;

(d) One representative of the State Government;

(e) An educationist of repute to be nominated by the State Government;

(f) One person of repute from the State to be nominated by the sponsor;

(2) The Chancellor shall be the Chairman of the Board of Governors.
(3) The Registrar shall be an ex-officio Secretary of the Board of Governors.
(4) The Board of Governors shall be the supreme authority and principal governing body of the University and shall have the following powers, namely-
(a) To appoint the Statutory Auditors of the University;

(b) To lay down policies to be pursued by the University;

(c) To review decisions of the other authorities of the University if they are not in conformity with the provisions of this Act, or the Statutes or the Rules;

(d) To approve the budget and annual report of the University;

(e) To make new or additional Statutes and Rules or amend or repeal the earlier Statutes and Rules;

(f) To take decision about voluntary winding up of the University;

(g) To approve proposals for submission to the State Government; and

(h) To take such decisions and steps as are found desirable for effectively carrying out the objects of the University;

(5) The Board of Governors shall, meet at least twice in a calendar year at such time and place as the Chancellor thinks fit.

21. The Board of Management. – (1) The Board of Management shall consist of-
(a) The Vice-Chancellor;

(b) The Registrar;

(c) Three persons, nominated by the Sponsor;

(d) Two Deans of the faculties as nominated by the Chancellor;

(e) One representative to be nominated by the State Government;

(f) One person of repute from the State to be nominated by the sponsor;

(2) The Vice-Chancellor shall be the Chairperson of the Board of Management and the Registrar shall be the Secretary of the Board of Management.
(3) The powers and functions of the Board of Management shall be such as may be prescribed.

22. The Academic Council. – (1) The Academic Council shall consist of :

(a) The Vice-Chancellor-Chairman

(b) The Registrar-Secretary

(c) Such other members as may be prescribed in the Statutes.

(2) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Rules, co-ordinate and exercise general supervision over the academic polices of the University.

23. The Finance Committee. – (1) The Finance committee shall consist of:
(a) The Vice-Chancellor-Chairman

(b) The Registrar-Secretary

(c) The Finance Officer

(d) Such other members as may be prescribed in the Statutes.

(2) The Finance Committee shall be the principal financial body of the University to take care of financial matters and shall, subject to the provisions of this Act, the Statutes and the Rules, co-ordinate and exercise general supervision over the financial matters of the University.
24. Other Authorities. – The Constitution, powers and functions of the other authorities of the University shall be such as may be prescribed.
25. Proceedings not invalidated on account of vacancy. – No act or proceeding of any authority of the University shall be invalid merely by reason of the existence of any vacancy or defect in the constitution of the authority.
CHAPTER 5

Statutes and Rules

26. Statutes. – Subject to the provisions of this Act, the Statutes may provide for any matter relating to the University and staff, as given below-
(a) The constitution, powers and functions of the authorities and other bodies of the University not specified in the Act, as may be constituted from time to time;

(b) The operation of the endowment fund, the general fund and the development fund;

(c) The terms and conditions of appointment of the Vice-Chancellor, the Registrar and the Finance Officer and their powers and functions;

(d) The mode of recruitment and the conditions of service of the other officers, teachers and employees of the University;

(e) The procedure for resolving disputes between the University and its officers, faculty members, employees and students;

(f) Creation, abolition or restructuring of departments and faculties;

(g) The manner of co-operation with other Universities or institutions of higher learning;

(h) The procedure for conferment of honorary degrees;

(i) Provisions regarding grant of freeships and scholarships;

(j) Number of seats in different courses of studies and the procedure of admission of students to such courses;

(k) The fee chargeable from students for various courses of studies;

(l) Institution of fellowships, scholarships, studentships, freeships medals and prizes;

(m) Procedure for creation and abolition of posts; and

(n) Other matters which may be prescribed.

27. Statutes how made. – (1) The first Statutes framed by the Board of Governors shall be submitted to the State Government for its approval, which may, within three months from the date of receipt of the Statutes give its approval with or without modifications.
(2) Where the State Government fails to take any decision with respect to the approval of the Statutes within the period specified under sub-section (1) it shall be deemed to have been approved by the State Government.

28. Power to amend the Statutes. – The Board of Governors may, with the prior approval of the State Government, make new or additional Statutes or amend or repeal the Statutes.

29. Rules. – Subject to the provisions of this Act, the Rules may provide for all or any of the following matters, namely-
(a) Admission of students to the University and their enrolment and continuance as such;

(b) The courses of study to be laid down for all Degrees, Diplomas, Certificates, Charters and other academic distinctions of the University;

(c) The award of Degrees, Diploma, Charters, Certificates and other academic distinctions of the University;

(d) Creation of new authorities of the University;

(e) Accounting policy and financial procedure;

(f) The conditions of the award of fellowships, scholarships, studentships medals and prizes;

(g) The conduct of examinations and the conditions and mode of appointment and duties of examining bodies, examiners, invigilators, tabulators and moderators;

(h) The fee to be charged for admission to the examinations, Degrees, Diplomas, Certificates, Charters and other academic distinctions of the University;

(i) Revision of fees;

(j) Alteration of number of seats in different courses and programs.

(k) The conditions of residence of the students at the University or a constituent college or affiliated college; and

(l) Maintenance of discipline among the students of the University or a constituent college or affiliated college;

(m) All other matters as may be provided in the Statutes and Rules under the Act.

30. Rules how made. – (1) The Rules shall be made by the Board of Governors and the Rules so made shall be submitted to the State Government for its approval, which may, within two months from the date of receipt of the Rules, give its approval with or without modification.
(2) Where the State Government fails to take any decision with respect to the approval of the Rules within the period specified under sub-section (1), it shall be deemed to have been approved by the State Government.

31. Power to amend Rules. – The Board of Governor may, make new or additional Rules or amend or repeal the Rules.

CHAPTER 6

Miscellaneous

32. Conditions of service of employees. – (1) Every employee shall be appointed under a written contract, which shall be kept in the University and a copy of which shall be furnished to the employee concerned.
(2) Disciplinary action against the students/employees shall be governed by procedure prescribed in the Statutes.

33. Right to appeal. – Every employee or student of the University or of a constituent college, shall notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed, to the Board of Management against the decision of any officer or authority of the University or of the Principal of any such college, and thereupon the Board of Management may confirm, modify or change the decision appealed against.

34. Provident fund and pension. – The University shall constitute for the benefit of its employees such provident or pension fund and provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed.

35. Disputes as to Constitution of University authorities and bodies. – If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.

36. Constitution of committees. – Any authority of the University mentioned in Section 19 will be empowered to constitute a committee of such authority, consisting of such members as such authority may deem fit, and having such powers as the authority may deem fit.

37. Filling of casual vacancies. – Any casual vacancy among the members, other than ex-officio members, of any authority or body of the University shall be filled in the same manner in which the member whose vacancy is to be filled up, was chosen, and the person filling the vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he/she fills would have been a member.

38. Protection of action taken in good faith. – No suit or other legal proceedings shall lie against any officer or other employee of the University for anything, which is done in good faith or intended to be done in pursuance of the provisions of this Act, the Statutes or the Rules.

39. Transitional provisions. – Notwithstanding anything contained in any other provisions of this Act and the Statutes-
(a) The first Vice-Chancellor shall be appointed by the Chancellor and the said officer shall hold office for a term of three years;

(b) The first Registrar and the first Finance Officer shall be appointed by the Chancellor who shall hold office for a term of three years;

(c) The first Board of Governors shall hold office for a term not exceeding three years; and

(d) The first Board of Management the first Finance Committee and the first Academic Council shall be constituted by the Chancellor for a term of three years.

40. Endowment Fund. – (1) The University shall establish an endowment fund of at least Rupees one crore.
(2) The University shall have power to invest the endowment fund in such manner as may be prescribed.
(3) The University may transfer any amount from the general fund or the development fund to the endowment fund. Excepting in the dissolution of the University, in no other circumstances can any monies be transferred from the endowment fund for other purposes.
(4) Not exceeding 75% of the incomes received from the endowment fund shall be used for the purposes of development works of the University. The remaining 25% shall be reinvested into the endowment fund.

41. General Fund. – (1) The University shall establish a general fund to which the following amount shall be credited, namely-
(a) All fees which may be charged by the University;

(b) All sums received from any other source;

(c) All contributions made by the Sponsor; and

(d) All contributions/donations made in this behalf by any other person or body, which are not prohibited by any law for the time being in force.

(2) The funds credited to the general fund shall be applied to meet the following payments-
(a) The repayment of debts including interest charges thereto incurred by the University for the purposes of this act and the Statutes, and the and Rules made thereunder;

(b) The upkeep of the assets of the University;

(c) The payment of the cost of audit of the fund created under Section 41.

(d) Meeting the expenses of any suit or proceedings to which University is a party;

(e) The payment of salaries and allowances of the officers and employees of the University, members of the teaching and research staff, and p payment of any provident Fund contributions gratuity and other benefits to any such officers and employees, members of the teaching and research staff;

(f) The payment of travelling and other allowances of the members of the Board of Governors, the Board of Management, Academic Council and other authroities so declared under the Statutes of the University and of the members of any Committee or Board appointed by any of the authorites of the University in pursuance of any provision of this Act or the Statutes, or the Rules made thereunder;

(g) The payment of fellowships freeships scholarships assistantships and other awards to students, research associates or trainees eligible for such awards under the Statues, or Rules of the University under the provisions of this Act.

(h) The payment of any expenses incurred by the University in carrying out the provisions of this Act and the Statutes or the Rules made thereunder;

(i) The payment of cost of capital, not exceeding the prevailing bank rate of interest, incurred by the Sponsor for setting up the University and the investments made thereof;

(j) The payment of charges and expenditure relating to the consultancy work undertaken by the Government servants in pursuance of the provisions of this Act and the Statutes and the Rules made there under;

(k) The payment of any other expenses including a management fee payable to any organization charged with the responsibility of managing the University on behalf of the sponsoring body, as approved by the Board of Management to be an expenses for the purposes of the University.

(l) Provided that no expenditure shall be incurred by the University in excess of the limits for total recurring expenditure and total non-recurring expenditure fore the year as may be fixed by the Board of Management without the previous approval of the Board of Management.

(m) Provided further that the General fund shall be applied for the objects specified under sub-section (2) with the prior approval of the board of Management of the University.

42. Development fund. – (1) The University shall also establish a development fund to which the following funds shall be credited, namely :
(a) Development fees which may be charged from students;

(b) All sums received from any other source for the purposes of the development of the University;

(c) All contributions made by the Sponsor;

(d) All contributions/donations made in this behalf by any other person or body which are not prohibited by any law for the time being in force; and

(e) All incomes received from the endowment fund.

(2) The funds credited to the development fund from time to time shall be utilized for the development of the University.

43. Maintenance of fund. – The funds established under Sections 40, 41 and 42 shall, subject to general supervision and control of the Board of Governors, be regulated and maintained in such manner as may be prescribed.

44. Annual Report. – (1) The annual report of the University shall be prepared under the direction of the Board of Management and shall be submitted e Board of Governors for its approval.
(2) The Board of Governors shall consider the annual report, in its meeting and may approve the same with or without modification;
(3) A copy of the annual report duly approved by the Board of Governors shall be sent to Visitor and the State Government on or before December, 31 following close of the financial year in March 31 each year.

45. Account and audit. – (1) The annual accounts and Balance-Sheet of the University shall be prepared under the direction of the Board of Management and all funds accruing to or received by the University from whatever source and all amount disbursed or paid shall be entered in the accounts maintained by the University.
(2) The annual accounts of the University shall be audited by a chartered accountant, who is a member of the Institute of Chartered Accountants of India every year.
(3) A copy of the annual accounts and the Balance-Sheet together with the audit report shall be submitted to the Board of Governors on or before December, 31 following close of the financial year in March 31 each year.
(4) The annual accounts, the Balance-Sheet and the audit report shall be considered by the Board of Governors at its meeting and the Board of Governors shall forward the same to the Visitor and the State Government along with its observations thereon on or before December 31 each year.
(5) In the event of any material qualifications in the Report of the Auditors, the State Government may issue directions to the University, and such directions shall be binding on the University.

46. Mode of proof of University record. – A copy of any receipt application, notice, order, proceeding or resolution of any authority or committee of the University or other documents in possession of the University or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein recorded where the original thereof would, if produced, have been admissible in evidence.

47. Dissolution of University. – (1) If the Sponsor proposes dissolution of the University in accordance with the law governing its constitution or incorporation it shall give at least three months notice in writing to the State Government.
(2) On identification of mismanagement mal-administration, in-discipline failure in the accomplishment of the objects of University and economic hardships in the management systems of University, the State Government would issue directions to the management system of University. If the direction are not followed within such time as may be prescribed, the right to take decision for winding up of the University would vest in the State Government.
(3) The manner of winding up of the University would be such as may be prescribed by the State Government in this behalf. Provided that no such action will be initiated without affording a reasonable opportunity to show cause to the Sponsor.
(4) On receipt of the notice referred to in sub-section (1), the State Government shall, in consultation with the AICTE and UGC make such arrangements for administration of the University from the proposed dated of dissolution of the University by the Sponsor and until the last batch of students in regular courses of studies of the University complete their courses of studies in such manner as may be prescribed by the Statutes.

48. Expenditure of the University during dissolution. – (1) The expenditure for administration of the University during the taking over period of its management under Section 47 shall be met out of the endowment fund, the general fund or the development fund.
(2) If the funds referred to sub-section (1) are not sufficient to meet the expenditure of the University during the taking over period of its management, such expenditure may be met by disposing of the properties or assets of the University, by the State Government.

49. Laying of Statutes and Rules. – Every Statute or Rule made under this Act shall be laid, as soon as may be after it is made, on the table of the Legislative Assembly.

50. Removal of difficulties. – (1) If any difficulty arises in giving effect to the provisions of this Act the State Government may, by a notification or order, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty :
Provided that no notification order under sub-section (1) shall be made after the expiration of a period of three years from the commencement of this Act.
(2) Every order made under sub-section (1) shall as soon as may be after it is made, be laid before the State legislature.

51. University to be subject to Standards of UGC. – Notwithstanding anything contained in this Act, the establishment maintenance of standards any any other matter concerning Private Universities established under this Act shall be subject to the UGC (Establishment and maintenance of Standards in Private Universities) Regulation 2003 as amended from time to time and any other Regulation or direction as may be issued by the UGC from time to time.

Red

The Tripura Education Institutions (Acquisition of Right, Title and Interest) Act, 1980

An Act to provide in the public interest for the acquisition and transfer of the right, title and interest of certain educational institutions in Tripura, with a view to secure better and efficient management thereof and for matters connected therewith and incidental thereto.

Be it enacted by the Legislative Assembly of Tripura in the Thirty-first year of Republic of India as follows :

CHAPTER I

1. Short title and commencement. – (1) This Act may be called the Tripura Education Institutions (Acquisition of Right, Title and Interest) Act, 1980.
(2) It shall come into force at once.

2. Definitions. – In this Act unless the context otherwise requires-

(a) “appointed day” in relation to an educational institution means such day as the State Government may, by notification in the Official Gazette, appoint for such institutions ;

(b) “educational institution” means the educational institutions specified in the Schedule appended to this Act ;

(c) “Government” means the Government of Tripura ;

(d) “Head of Educational Institution” means the Principal/Headmaster or any other Principal Academic Officer of an Institution by whatever name he may be called ;

(e) “other employee” means an employee of the educational institution who is not a teacher ;

(f) “prescribed” means prescribed under the rules made under the Act;

(g) “teacher” means a member of the teaching staff of the educational institution and includes a principal, Vice Principal, Headmaster or Assistant Headmaster ;

(h) “Schedule” means the Schedule appended to this Act.

CHAPTER II

Vesting of Educational Institutions

3. Transfer and vesting in the State Government of the educational institutions. – (1) On the appointed day, the right, title and interest of the educational institutions shall, by virtue of this Act, stand transferred to and vested in the State Government.
(2) Any person or authority responsible for the management and the control of the affairs of such educational institutions immediately before the appointed day shall cease to exercise such management and control over the educational institutions and shall be deemed to have vacated their office and the Government shall on and from the appointed day, manage control and administer the educational institutions in the same manner like other Government educational institutions of the same nature.

4. General effect of vesting. – (1) The educational institutions referred to in Section 3 shall be deemed to include all assets, rights, powers authorities and privileges and all properties, movable and immovable cash balance, reserve funds, books debts, investments and all other rights and interests in, or arising out of, such property as were immediately before the appointed day, in the ownership possession power or control of the educational institutions, and all books of accounts, registers records and all other documents of whatever nature relating thereto and shall be deemed to include all borrowings, liabilities (including the liability for the payment of any pension and other pensioner benefits to the persons employed to such educational institutions) and obligations of whatever kind than subsisting of the educational institutions.

(2) Unless otherwise expressly provided by this Act, all deeds bonds, agreements power of attorney grant of legal representation and other instruments of whatever nature subsisting or having effect immediately before the appointed day, and to which any educational institution is a party or which any educational institution shall be of fuel force and effect against or in favour of the State Government had been a party thereto or as if they had been issued in favour of the State Government.

(3) If on the appointed day, any suit appeal or other proceeding of whatever nature in relation to any of the educational institution which have been transferred to, and vested in the State Government under Section 3 is pending by or against any educational institution, the same shall not abate or be discontinued or be in any way prejudiced or be affected by reason of the transfer of the educational institution or of anything contained in this Act, but the suit, appeal or other proceedings may be continued, prosecuted and enforced by or against the State Government.

5. Special provision as to ascertain right and interest held by educational institution before the appointed day. – (1) Every right or interest in respect of any property (including a right under any lease or under any right of tenancy or any right under any arrangement to secure any premises for any purpose) which any educational institution held immediately before the appointed day, shall notwithstanding anything contained in any other law or in any agreement or instruments relating to such right or interest vest in and be held by the State Government on and after the appointed day on the same terms and conditions on which the education would have held as if this Act had not been passed.
(2) On the expiry of the terms of any lease, tenancy or agreement referred to in sub-section (1), such lease or tenancy or agreement shall if so desired by the State Government, be renewed or continued so far as may be on the same terms and conditions on which the lease or tenancy or agreement was originally granted or entered into.

6. Removal of doubts. – (1) For the removal of doubts it is hereby declared that the provisions of Sections 3, 4 and 5 shall apply to the extent to which any property appertains to the educational institutions and the right and powers acquired and to deeds liabilities and obligations incurred and to contracts, agreements and other instruments made by the educational institution and to the legal proceedings, relating to those matters pending in any Court or Tribunal.
(2) If any question arises as to whether any property appertains, immediately before the appointed day to any educational institution, or whether any rights powers, deeds liabilities or obligations were acquired or incurred or any contract, agreement or other instrument was made by any educational institution for the purposes of management and administration or whether any document relates to those purposes or whether the provisions of Section 7 apply in relation to any property, the question shall be referred to the State Government which shall after giving a reasonable opportunity of being heard to the person interested in the matter, decide it in such manner as it may think fit.

7. Educational institution administered by the minority not to be acquired. – No school, college, or other educational institution established and administered by the minorities whether based on religion or language shall be acquired by the State Government under this Act and nothing in this Act shall apply to such school, college or other educational institution.

CHAPTER III

Payment of Amount

8. Payment of amount to the educational institutions. – (1) For the transfer to and vesting in the State Government under Section 3 of the right title and interest of the educational institutions, there shall be paid by the State Government an aggregate amount not exceeding Rs. 60,000 as may be determined by the State Government to the owner or group of owners or authority of each educational institution :
Provided that in determining the amount under this sub-section the properties whether movable or immovable, acquired by the educational institution, either by way of gift or with the help of donations from any person, institution or authority shall be excluded.
(2) Whether any owner, group of owners or authority received grants from the Government for acquiring assets both movable and immovable of any educational institution then-
(a) where the amount of grant is equal to or in excess of the amount determined by the State Government under sub-section (1), such owner group of owners or authority shall not be entitled to any compensation under that sub-section ;

(b) where the amount of grant is less than the amount determined under sub-section (1), such owner group of owners or authority shall be entitled to an amount which falls short of the amount determined under sub-section (1).

CHAPTER IV

Provisions Relating to Employees

9. Transfer of service of existing employees of educational institutions. – (1) Every teacher and every other employee of educational institution who was immediately before the appointed day, employed by the educational institution shall on the appointed day, become a teacher or other employee as the case may be, of the State Government in which the right, title and interest of the educational institutions have vested under this act and shall hold office or service under the State Government on the same terms and conditions and with the same right to pension gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the State Government is duly terminated after giving notice of three months or the salary for three months in lieu thereof or until his remuneration and condition of service are duly altered by the State Government:

Provided that every such teacher or other employee shall within a period of six months or such further period beyond six months as may be fixed by the State Government, from the appointed day, exercise his option either to be retrenched from service or to be absorbed in the service of the Government on such terms and conditions as may be offered to him by the State Government:

Provided further that when any teacher or other employee has been absorbed in the service of the Government under the first proviso then-
(i) any service rendered by any such teacher or other employee immediately before the appointed day shall be deemed to be service rendered in connection with the affairs of the State ;

(ii) the State Government may employ any such teacher or other employee in the discharge of such function as the State Government may think proper and every such teacher or other employee shall discharge those functions accordingly.

(2) If any question arises as to whether any teacher or other employee was employed wholly or mainly in connection with educational institution before the appointed day, the question shall be referee within a period of two years from the appointed day, to the State Government, which shall after giving a reasonable opportunity of being heard to the person concerned in the matter, decide it in such manner as it thinks fit and such decision shall be final.
(3) Notwithstanding anything contained in the Payment of Gratuity Act, 1972 or in any other law for the time being in force, the transfer of the service of any teacher or other employee under sub-section (1) shall not entitle any such teacher or other employee to any compensation or gratuity under those Acts or such other law, and no such claim shall be entertained in any Court, Tribunal or other authority.

10. Provident Fund, Superannuation, Welfare Fund, etc. – (1) Where a provident superannuation welfare or other fund has been established by an educational institution for the benefit of the persons employed by it, the moneys relatable to the employees-
(i) whose services are transferred by or under this act to the State Government, or

(ii) who are in receipt of pension or other pensionary benefit immediately before the appointed day, shall, out of the money standing on that day to the credit of such provident, superannuation welfare or other fund stand transferred to and vested in, the State Government free from any trust that may have been constituted by the educational institution in respect thereof.

(2) The moneys which stand transferred in sub-section (1) to the State Government shall be dealt with by the State Government in such manner as may be prescribed.
(3) The State Government shall, as soon as may be, after the educational institution becomes vested in it, constitute, in respect of moneys and other assets which are transferred to and vested in it under this section, one or more hinds having objects as similar to the objects of the existing trust, as in the circumstances may be practicable, so however, that the rights and interests of the beneficiary of the trust referred to in sub-section (1) are not in any way, prejudiced or diminished.
(4) Where all moneys and other assets belonging to an existing trust are transferred to, and vested in the State Government under this section, the trustees of such trust shall, as from the date of such vesting stand discharged from the trust except as respects things done or omitted to be done before the date of such vesting .

CHAPTER V

Miscellaneous

11. Effect of Act on other laws. – The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instruments having effect by virtue of any law other than this act, or in any other decree or order of any Court, Tribunal or other authority.
12. Duty to deliver possession of properties etc. – (1) Where any property appertaining to any educational institutions has been transferred to, and vested in the State Government under this Act,-
(i) every person in whose possession custody or control any such property may be, shall on demand by the State Government deliver the property to the State Government forthwith ;

(ii) any person who, immediately before such vesting has, in his possession custody or control any books documents or other papers relating to the educational institution shall be liable to the accounts for the said books, documents and papers to the State Government and shall deliver them up to the State Government or such person as the State Government authorise in this behalf.

(2) Without prejudice to other provisions contained in this section it shall be lawful for the State Government to take all necessary steps for taking possession of all properties which have been delivered to and vested in it under this Act.

13. Contracts to continue unless terminated by the State Government. – (1) Every contact entered into by an educational institution for any service, sale or supply, and in force immediately before the appointed day, shall, unless terminated under sub-section (2) within a period of two years from the appointed day continue to be in full force and effect against or in favour of the State Government.
(2) The State Government may if it is of opinion that any contract referred to in sub-section (1) is unduly onerous or has been entered into in bad faith or is detrimental to the interest of the Government by order in writing, either terminate such contract or make such alteration or notifications therein as it may think fit :
Provided that the State Government shall not terminate any contract or may make alterations or modifications therein except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for such termination alteration or modifications as the case may be.

14. Penalty. – Any person who-
(a) having in his possession custody, or control any property forming part of any educational institution, wrongfully withholds such property from the State Government,

(b) wrongfully obtains possession of, or retains any property forming part of any educational institution, or

(c) wilfully withholds or fails to furnish to the State Government or any person specified by the State Government any books, documents or other papers relating to any educational institution which may be in his possession custody or control; or

(d) fails to deliver to the State Government any assets, books of account register or other documents in his possession custody or control relating to any educational institution ; or

(e) wrongfully uses any property forming part of any educational institution; or

(f) wrongfully removes or destroys any property forming part of any educational institution, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to Rs. 5,000 or with both.

15. Offences by educational institution. – (1) Where an offence under this Act, has been committed by an educational institution, every person, who at the time the offence was committed, as in charge of, and was responsible to, the educational institution for the conduct of the business of the educational institution, as well as the educational institution, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act, has, been committed by an educational institution and it is proved that the offence has been committee with the consent or connivance of, or is attributable to, any neglect on the part of, any teacher, employee or other officer of the educational institution, such teacher employee or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

16. Protection of action taken in good faith. – No suit, prosecution or other legal proceeding shall lie against the State Government or any of its officers or other employees for anything which is in good faith done or intended to be done under this Act.

17. Cognizance of offences. – Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no Court shall take cognizance in any offence against this Act except on a complaint, in writing made by the State Government or by any officer authorised in this behalf by the Government.
18. Indemnity. – Every officer of the State Government shall be indemnified by the State Government against all losses and expenses incurred by him in, or in relation to, the discharge of his duties under this Act, except such as have been caused by his own willful act or default.

19. Power to remove difficulties. – If any difficulties arise in giving effect to the provisions of this Act the State Government may, by order not inconsistent with the provisions of this Act remove the difficulty :
Provided that no such order shall be made after the expiry of two years from the appointed day.

20. Power to make rules. – (1) The State Government may, by notification make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :
(a) the terms and conditions of the service of persons employed in the educational institution :

(b) any other matter which may be or required to be prescribed.

(3) Every rule made by the Government under this Act shall be laid after it is made, before the State Legislative Assembly while it is in session for a total period of third days, which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or successive sessions as aforesaid the Legislative Assembly make any modification in the rule by way of amendment or repeal, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or repeal shall be without prejudice to the validity of anything previously done under that rule.

Schedule

[See Section 2(b)]

Name of the Educational Institutions

1. Ramthakur College, Agartala.
2. Ramkrishna Mahavidhayala, Kailashahar.
3. Belonia College, Belonia.

West Bengal Policy and Guidelines for Setting up Self-financing Degree Colleges in West Bengal-2015

Accordingly, the State Government considers it necessary to frame this Policy and Guidelines to provide a stable and predictable framework of rules for private investment in setting up degree colleges. The intention of the Policy is to encourage the spread of higher education in under-served mofussil areas away from Kolkata, where significant demand exists for college studies, considering the steady increase in the number of high school pass outs across the State.

TIIE KOLKATA GAZETTE, EXTRAORDINARY SEPTEMBER 23,2015

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Code of Regulations for Anglo-Indian and other listed Schools 1993 – Govt of WB

Anglo-Indian school” means an institution, including all standards. and divisions thereof, established under the Code of Regulations for European (now Anglo-Indian) Schools in Bengal (now West Bengal), 1929 (hereinafter referred to in this Code as the existing Code) and continuing as such on the dale of coming into force of this Code, provided that such institution continues to fulfill the conditions for recognition laid down in this Code, and particularly in regulation 8.

Education Department

Secondary Branch

No. 877-Edn(S) Dated: 24.12.93

NOTIFICATION

WHEREAS it is expedient to provide for the regulation of Anglo-Indian and other listed schools in West Bengal;

NOW, THEREFORE, the Governor is pleased hereby to make the following regulations:-

Regulations

CHAPTER-I

Preliminary

1. Short title and commencement:-

(1) These regulations may be called the Code of Regulations for Anglo-Indian and other Listed Schools, 1993.

(2) It shall come into force on such dale as the State Government may, by notification in the official Gazette, appoint.

2. Application:-

This Code shall apply to:-

(a) all Anglo-Indian Schools ;

(b) all listed schools ; and

c) all undergraduate training colleges and such other institutions imparting either academic or vocational education through the medium of English as the State Government, in consultation with the State Board, may by order specify from time to time.

3. Power to amend the Code:-

The State Government may, after consultation with the State Board, alter or modify any regulation of this code.

4. Interpretation:-

The power to interpret any provision of this code is reserved to the State Government in the Department of Education.

5. Definitions:-

In this Code, unless the context otherwise requires-

(1) “aided school” means a recognised school receiving aid of any kind whatsoever on a recurring basis, whether in the form of Government Grant, or Dearness Allowance or the like :

(2) “Anglo-Indian school” means an institution, including all standards. and divisions thereof, established under the Code of Regulations for European (now Anglo-Indian) Schools in Bengal (now West Bengal), 1929 (hereinafter referred to in this Code as the existing Code) and continuing as such on the dale of coming into force of this Code, provided that such institution continues to fulfill the conditions for recognition laid down in this Code, and particularly in regulation 8.

Explanation:- For the purposes of this Code, any new school, applying for recognition, shall satisfy the State Board and the Department of Education that it has Been established, and is administered, by-

(a) Anglo-Indians, or

(b) Founders of existing recognised Anglo-Indian Schools, provided that such school fulfills the conditions for recognition laid down in this Code, and particularly in regulation 8:

(3) “Board” means the Central Board of Secondary Education or any other Board of Examination recognised by the Government of India or any State Government:

(4) “Council” means the Council for the Indian School Certificate Examinations, New Delhi.

(5) “Department of Education” means Department of Education of the Government of West Bengal looking after School Education:

(6) “Deputy Director” means the Deputy Director of School Education (Anglo-Indian Schools), West Bengal (hereinafter referred to in this Code as the D. D. S. E.) ;

(7) “Director” means the Director of School Education, West Bengal ;

(8) “Founder” means the Christian Church, Registered Trust, Registered Society, Founding Body or Founder’s Will which founded any Anglo-Indian School or any listed school or any under-graduate training college or other institution and manages the same ;

(9) “Head” means the academic and administrative Head of any Anglo-Indian school or any listed school or any under-graduate training college or other institution by whatever name called ;

(10) “Listed school” means an English medium school which does not come under the purview of the definition of Anglo-Indian School, but is recognised under this Code for the purpose of presenting candidates for the Council/Board Examination under such terms and conditions as the State Board and the Department of Education may prescribe, provided that such school fulfills the conditions laid down in Clauses (a), (b), (c), (d), (f), (g) and (h) of regulation 8:

(11) “Managing Committee” means the body of individuals entrusted by the Founder with the management of any Anglo-Indian school or any listed school or any under-graduate training college or other institution ;

(12) “Recognised School” means a school recognised by the State Government under this Code with or without any financial aid ;

(13) “Secretary” means the Secretary of the Managing Committee ;

(14) “Staff” means members of both teaching and non-teaching staff of any Anglo-Indian school or any listed school or any undergraduate training college or other institution ;

(15) “State Board” means the State Board for Anglo-Indian Education, West Bengal.

A sum of money shall be annually granted by the State Government for Anglo-Indian Education in West Bengal. The object of the grant is to aid local exertion in maintaining efficient schools conducted under the provisions of this Code for the education of Anglo-Indian children, and children of other communities, and institutions for training teachers for such schools through the medium of English-the mother tongue of the Anglo-Indian community. The grant shall be administered by the Department of Education in consultation with the State Board.

7. Deputy Director to be responsible:-

The Deputy Director will be the officer responsible to the Department of education in respect of all Anglo-Indian schools, listed schools, under-graduate training colleges and other institutions to which the provisions of this Code apply.

8. Recognition of schools:-

A list of recognised schools shall be maintained by the Department of Education. No school shall be recognised as an Anglo-Indian School or listed School unless it satisfies the State Board and the Department of Education that –

(a) its financial stability is assured ;

(b) its. Managing Body is properly constituted by the Founder;

(c) it is not run for personal profit ;

(d) it has suitable and adequate accommodation and sanitary arrangements having regard to the number, age and sex of the pupils attending it;

(e) for the purpose of public examinations, it prepares and presents pupils for one or more of the examinations, conducted by the council, or a similar and equivalent examination approved by the State Board ;

(f) it provides for such courses of study and instructions through the medium of English as approved by the council or the Board ;

(g) it has adequate number of teachers having prescribed qualifications;

(h) it has proper facilities for physical education, library services, laboratory work, craft work and co-curricular activities ;

(i) it will make available upto 50% annual admissions to eligible Anglo-Indian pupils whose parents/guardians are prepared to pay full fees ;

It will offer free studentship or part free-studentship to indigent Anglo-Indian pupils numbering not less than 5% of the total enrolment of the school.

Note: Clauses (i) and (j) shall not apply to listed schools.

9. Application for recognition:-

(a) When a school desires recognition, an application has to be made to the D. D. S. E. in the prescribed form.

(b) The application alongwith all supporting documents will be put before the State Board for considerations. Should the State Board consider that a good prima facie case exists for such recognition, it will nominate a team of three members of the State Board including the D. D. S. E. to visit the school and submit the report to the State Government as to whether such recognition is to be given or not. A copy of this report shall be placed before the State Board for information.

(c) Every application for recognition will be entertained and considered by the appropriate authority and the decision therein shall be communicated to the applicant within a period of four months from the date of receipt of the application and, where recognition is not granted, the reasons for not granting such recognition shall also be communicated to the applicant within the said period.

(d) Where recognition to a school is refused, any applicant aggrieved by such refusal may, within thirty days from the date of communication to him of such refusal, appeal against such refusal in the prescribed manner, to the Secretary, Department of Education (School Education), Government of West Bengal, whose decision thereon shall be final and the State Board shall be informed of such decision.

10. Eligibility for sending pupils for examination:-

Only those schools which are recognised under this Code will be eligible to send up pupils to the examinations rocognised under this Code or for receiving scholars who held Government scholarships or to share any benefits under this Code.

11. Conduct of schools:-

Every school recognised by the State Government in any form whatsoever under the provisions of this Code will be conducted in the following manner:-

(a) no pupil shall be required to take part in any religious instruction that may be imparted in a recognised school or to attend any religious worship that may be conducted in such school or any premises attached thereto unless the parent or the guardian of the pupil has given his/her “no objection” thereto in writing ;

(b) it shall not be a part of the Deputy Director’s duties to enquire into any instruction in religious subjects given at any school or examine any pupil therein in religious knowledge or in any religious subject or book.

12. No Grant for religious subject:-

No grant shall be made or be continued on account of instruction in religious subjects.

13. Withdrawal of recognition:-

(a) If, at any time, the D. D, S. E. considers on account of any deficiencies or defects that any school no longer fulfills the conditions for recognition laid down in this Code, he may, after giving an opportunity to the school to offer its explanation or defence, if any, recommend to the State Board the withdrawal of recognition of the school, giving reasons of such withdrawal of recognition. Provided that if the deficiencies or defects of the school are capable of immediate or early removal, the State Board may recommend suspension of recognition for such period as it may think fit, to enable the managing committee of the school to remedy the deficiencies or defects to the satisfaction of the State Board.

(b) Notice of withdrawal of recognition together with the reasons thereof shall be communicated to the Managing Committee of the school concerned, fourteen clear days before imposition of the penalty to enable it to examine the charges and correct the irregularities.

(c) Any Managing Committee aggrieved by withdrawal of recognition of the school managed by it, may, within 30 days from the date of communication to it of the withdrawal, prefer and appeal against such withdrawal to the Secretary of the Department of Education (School Education). Government of West Bengal.

Inspection : The school shall be open for institution in all its departments by the Deputy Director all reasonable times with or without notice.

CHAPTER III

Management & Administration

15. Management of schools:

All schools approved and recognised under this Code will be managed by a Managing Committee duly constituted and acting under specific rules which the Department of Education may require the schools to submit for approval. Provision shall be made for the inclusion in the Managing Committee of two confirmed teachers elected by the confirmed teaching staff of the school, provided that such inclusion is not violative of the existing rules of the Founder. If necessary, the existing rules may be amended in favour of inclusion of such teacher representatives in the Managing Committee.

16. Notification to D. D. S. E:

Whenever a Managing Committee is constituted for a new term of office or whenever any change is made in the constitution of the Managing Committee, the D.D.S.E, shall be notified within four weeks of such change.

17. Meeting of Managing Committee:

The general procedure for meetings of the Managing Committee shall be in terms of the rules and regulations to be drawn up, if it is not already there, and such rules shall expressly (a) state how meetings are called as well as the procedure to be followed at such meetings, (A) state the number of meetings (which should be at least one in every quarter) which the Managing Committee shall be required to hold,

(c) provide a method by which members of the Managing Committee shall be chosen, (d) provide for appointment and removal of Secretary of the Managing Committee, his functions, powers and duties in the academic & administrative interest of the school and, also (e) provide for appointment, dismissal and service conditions, not inconsistent with the provisions of Chapter IV, of school teachers and non-teaching staff, including ‘the Principal/Headmaster/Headmistress, in the employ of the school.

18. Power of the Managing Committee:

The Managing Committee shall have the powers (i) to make rules, not inconsistent with the provisions of this Code, from time to time, for its guidance, (ii) to deal
with all matters in respect of which authority has been delegated to it by the Founder, (iii) to appoint the Principal/ Headmaster/ Headmistress and the Vice-Principal/ Deputy Headmaster/ Headmistress, if so empowered by the Founder.

19. Internal management:

Subject to the general supervision of the Managing Committee, the Principal/ Headmaster/ Headmistress shall be responsible-

(а) for the internal management and administration of the school including supervision of classes, the tone and discipline of the school, school timetables, school library and laboratory, furniture and equipment, admission of pupils and class supervisions, grant of casual leave to the teachers and other employees and allocation of duties to the teaching and non-teaching staff, and

(b) for organising all curricular activities and carrying out the decision of the Managing Committee and dealing with the Government Educational authorities as desired or directed by the school Managing Committee.

CHAPTER IV

Terms & Conditions of Service of Staff

20. Payment of salary, etc. :

All schools recognised under this Code shall pay their teaching and non-teaching staff pay, house rent and medical allowances, Gratuity and Contributory Provident Fund in the scales not lower than those approved by the State Government in respect of Government aided schools affiliated to the West Bengal Board of Secondary Education or as prescribed under the relevant Provident Fund Act/ rules of the Government of India.

21. Appointment :

(a) Appointment of all categories of staff shall be made as per rules framed by the Founder. Every employee, whether a teaching or a non-teaching staff, shall be engaged by a letter of appointment which shall stale clearly the type of employment offered-permanent, temporary or against a leave vacancy. The letter of appointment shall describe the nature of the duties, salary and emoluments, term for which the employment is offered, the period of probation, if any, requirement of training and manner of termination of the appointment.

(b) The employee must sign the letter (copy to be enclosed) as token of acceptance.

(c) In the case of an appointment against a permanent vacancy, the terms and conditions of appointment, salary scales, allowances, initial salary, and retiring benefits shall be stated clearly in writing and shall be signed by both the parties and returned to the school. A copy of the same shall be given to the teacher for future reference.

(d) A teacher joining another school, who was confirmed in a similar post in a school recognised by an authority acceptable to the Department of Education shall be entitled to advance increments at the rate of one increment for every two years of completed continuous service in a single institution in the scale of pay of the post of the school the teacher is joining. A higher initial salary will be negotiable and will be left to the direction of Managing Committee.

(e) Ordinarily, a teacher appointed against a permanent vacancy will be placed on probation for one year from the date of appointment and such probation may be extended by NOT MORE than one year thereafter. In all cases of teachers appointed on probation, a letter terminating the service or extending the period of probation, as the case may be. shall be served to him/her, one month before the end of the probationary period failing which, the teacher will be deemed to be confirmed in that appointment.

(f) Untrained teachers will be entitled to the same scale of pay as trained teachers on condition that they will not earn any increment if they are not trained within five years from the date of appointment.

22. Termination of service:-

The service of a member of staff on probation may be terminated with one month’s notice on either side or with one month’s salary in lieu of notice without any reason being assigned by either party.

23. Termination of appointment of confirmed staff:-

The service of a confirmed member of staff may be terminated with three months’ notice on either side or by the payment of three months’ salary by either party in lieu of notice with adequate reasons being assigned by either party, provided that in the case of termination of the service of a confirmed member of staff by a school, the school shall pay the member an amount calculated at the rate of half a month’s salary for each completed year of service upto a maximum of 10 months’ salary in addition to Provident Fund and Gratuity as accrued.

24. Procedure for disciplinary action against confirmed staff :

(a) The Head will frame charges after giving sufficient warning on the basis of the allegation against a staff and will bring it immediately to the notice of Managing Committee. No warning will, however, be necessary for gross misconduct.

(b) The Chairperson of the Managing Committee will appoint a person to conduct an enquiry.

(c) The employee shall be supplied with a copy of the charges together with a statement of allegations on which the charges are based.

(d) He/she will be required to submit within 10 days of the receipt of the charges and the statement of allegations a written statement to the Enquiring Officer in his/her defence and also to state whether he/she desires to be heard in person and adduce witnesses in his/her favour. He/ she will have the right to have another person to defend him/her, if so desired, to adduce defence evidence.

(e) The Enquiring Officer will prepare a report of the enquiry with his findings on each of the charges together with reasons thereof.

(f) The enquiry report will then be sent to the Chairperson of the Managing Committee who will issue a show-cause notice with proposed penalties, if any, and the employee will be called upon to reply to the show-cause notice within a fortnight of the receipt of such notice. Thereafter, the Managing Committee will take a final decision about the penalty, if any, that should be imposed. Provided that if the staff is aggrieved by the order of any disciplinary action leading to the dismissal or removal from service or reduction in rank, he/ she may prefer a reference to an Arbitration Committee which will be appointed by the Chairman of the State Board and the decision of the Arbitration Committee will be final and such decision will be binding upon all concerned.

25. Suspension of staff:-

(a) A staff may be suspended by the Head pending drawal of disciplinary, proceedings in terms of regulation 24 and pending further action by the Managing Committee who should be informed of the action taken by the Head within three days.

(b) An employee who is placed under suspension shall be entitled to receive from the school a monthly subsistence allowance at the rate of 50% of total emoluments for a total period of 60 days.

(c) Should there be a delay on the part of the Managing Committee beyond 60 days in arriving at a decision, the subsistence allowance will continue to be paid at the rate of 75% of the total emoluments until the Managing Committee communicates its decision to the employee concerned.

(d) The subsistence allowance shall not be payable beyond a period of 2 months, if the delay in arriving at a decision is due to no fault of the Head or the Managing Committee, as for example, a delay caused by the employee or a Court Case initiated by the employee.

(e) If he I she accepts any other paid employment during the period of suspension, the employee concerned shall not be entitled to any subsistence allowance for the period he/she is thus otherwise employed.

(f) In the case of an employee being exonerated from all charges, ail arrears of pay and allowances will be paid to the employee for a total period of suspension.

26. Procedure for dismissal:-

The procedure for dismissal of the Principal/ Headmaster/ Headmistress will be initiated by the Founder and will follow the procedure laid down in regulations 24 and 25.

27. Communication to staff:-

All communications to the staff in the name of the Managing Committee will be made in writing by the Head/Secretary.

28. Forms to be incorporated in rules etc.:-

The following forms shall be incorporated in the rules and regulations of each individual school:-

(a) Form of agreement between the staff and the institution;
(b) Form of Charge Sheet;
(c) Form of Termination of Service;
(d) Form of Dismissal;
(e) Form of Appeal;
(f) Form of Service Record.

CHAPTER—V

Benefit

29. Provident Fund and Gratuity:-

(a) Every member of the staff will come under the provisions of the Employees’ Provident Funds & Miscellaneous Provisions Act., 1952 (19 of 1952).

(b) Gratuity will be paid, to a member of the staff according to what the State Government may direct from time to time in respect of staff of the Government aided schools affiliated to the West_Bengal Board of Secondary Education.

30. Leave:-

(a) CASUAL LEAVE:- 14 days’ casual leave on full pay in a year is permissible. The casual leave may be prefixed or affixed to any holiday or Sunday but the total period, including the holiday or Sunday, shall not exceed five days at a time. Sundays and holidays falling within the period of casual leave shall be counted as leave. Casual Leave shall not be tagged with any other leave or any long vacation.

(b) MEDICAL LEAVE:- (i) A teacher or a non-teaching employee of a school may be granted 15 days’ leave on medical ground for each completed year of Service spent on duty on production of a medical certificate from a Medical Officer or a registered Medical Practitioner with the application for leave and fit certificate at the time of resuming duties. The total period of leave on medical ground which may accrue to the credit of a teacher or a non-teaching employee shall not exceed 365 days during the hole period of service in a school.

(ii) During the period on leave, on medical ground, the teacher or the non-teaching employee will get a salary at the rate of full average pay.

(iii) Medical leave may be pre-fixed or affixed to a long vacation but not both.

(c) Maternity Leave:- (i) Maternity leave may be granted to a confirmed teacher/ non-teaching employee on, full pay for a period which may extend upto the end of 3 months from the date of its commencement or to the end of 6 weeks from the date of confinement, whichever is earlier.

(ii) Any other kind of leave in continuation of maternity leave may be granted if the request for its grant is supported by a medical certificate.

(d) Examination Leave (inclusive of the period of actual examination):

Thirty days’ leave on full pay may be granted to a confirmed teacher who is appearing for a first qualifying graduation/ post graduation and/or professional examination which, in the opinion of the Managing Committee will contribute to the effectiveness of his work in the school. Such leave may be granted not more than twice for any particular examination. Examination mentioned above may be taken to a limit of once in three years.

(e) Leave for Probationers :

(i) A member of staff on probation may be granted 14 days’ leave on pro-rata basis for the first year of probation.

(ii) Maternity leave may also be granted to a probationary teacher/non-teaching staff on full pay upto 4 weeks prior to the date of confinement and 4 weeks after confinement, provided that she has been in service for at least 9 months immediately preceding the date of delivery.

(f) Special Leave:

Under extra ordinary circumstances Special Leave may be sanctioned at the discretion of the Managing Committee to a confirmed member of teaching/non-teaching staff for a maximum period of 2 years during the entire service period of the member, provided that the period shall not exceed one year within the first 10 years of service.

(g) Other Leave :

In addition to Casual, Maternity and Medical leave, clerical and non-teaching employees will be entitled to-

Annual leave … … 30 days
Full day … … 48 days (Sundays)
Half day (48) … … 24 days (Saturdays)
Gazetted Holidays … … 16 days
Total … … 118 days

31. Superannuation:-

The age of superannuation of the staff will be at par with the staff of Government aided schools affiliated to the West Bengal Board of Secondary Education.

32. Number of working days/hours:-

The number of working days/hours should be as required by the Board of Examination to which the school is affiliated.

33. Maximum number of teaching period in a week:-

The maximum number of teaching period in a week should not exceed 25 periods (in a 36-period week) or 28 periods (in a 40-period week).

34. Provisions of existing Code to continue:-

Notwithstanding anything contained in this Code, the provisions of Chapters IV, V, VI, VII, VIII, IX, X, XI, XII and XIII of the existing Code shall, after the coming into force of this Code, continue in force in so far as they are not inconsistent with the provisions of this Code until they are repealed or amended.

By order of the Governor,

Sd/- J. R. Saha
Secretary, to the Govt. of West Bengal

No. 877-Edn(S) Dated: 24.12.93

 

State of Kerala & ANR. Vs. Mythri Vidya Bhavan English Medium School & Ors[ALL SC 2018 MAY]

KEYWORDS:-Fundamental right to free and compulsory education-

c

DATE:-May 2, 2018

ACTS:-Chapter IV of the Kerala Education Rules, 1959

SUPREME COURT OF INDIA

State of Kerala & ANR. Vs. Mythri Vidya Bhavan English Medium School & Ors.

[Special Leave Petition (C) Nos. 18475-18476 of 2013]

[SLP (C) Nos. 4531-4532/2014] WITH [SEE BELOW]

Madan B. Lokur, J.

1. The fundamental right to free and compulsory education to all children between the age of 6 and 14 years postulates good quality education and not just education for the sake of providing education. Regulation of such education is permissible by law and not by SLP (Civil) Nos. 18475-18476 of 2013 etc. etc. executive fiat. Unfortunately, in this batch of petitions, the State of Kerala seeks to impose its authority over schools that provide apparently quality education, which is perceived to be a threat to the public education system in the State.

2. The challenge by the State of Kerala in this batch of petitions is to the judgment and order dated 14th September, 2012 passed by a Division Bench of the High Court of Kerala. In our opinion, all these petitions deserve to be dismissed.

Brief background

3. Without going into any great detail into the history (which is replete with litigation – as if schools have nothing better to do) leading up to these petitions, it needs to be said that the affiliation of schools by the Central Board of Secondary Education (CBSE) is governed by its Affiliation Bye-laws. Clause 3(i) of the Bye-laws mandates formal prior recognition by the State/Union Territory Government. Additionally, the application for affiliation should be forwarded by the State Government or there should be a No Objection Certificate (NOC) to the effect that the State Government has no objection to the affiliation of the school with the CBSE.

4. Apparently with this in mind, the State of Kerala issued certain guidelines on 13th June, 2007 limiting consideration of applications for SLP (Civil) Nos. 18475-18476 of 2013 etc. etc. grant of an NOC to 5 northern districts in the State. The Government Order (G.O.) was challenged by the management of some schools and it was set aside by the High Court.

5. Against the decision rendered by the High Court, petitions for special leave to appeal were filed by Kerala which were taken up for consideration on 18th July, 2011. By that time, Kerala had come out with a new policy dated 10th June, 2011 which made the petitions infructuous. The relevant extract of the order passed by this Court on 18th July, 2011 reads as follows: “Delay condoned.

The State Government has filed these SLPs challenging the order of the High Court directing consideration of the applications filed by the respondents for grant of ‘no objection certificate’ for seeking affiliation with Central Board of Secondary Education (for short ‘CBSE’) for a new institution/existing institutions. The State Government had earlier rejected the request with reference to the Policy of the State Government then in force. When the matter came up today, both sides submitted that the State Government has now made a new Policy contained in G.O.(MS) No.137/2011/G. Edn. dated 10.6.2011 which reads as under:

“Government are pleased to accord sanction for issuing No Objection Certificate for getting CBSE/ICSE affiliation to schools, which totally fulfils the norms and conditions prescribed by CBSE/ICSE and having own land and basic facilities. Further guidelines will be issued by the Department in due course.” In view of the said Policy, it is submitted that these SLPs by the State Government have become infructuous as the State Government will have to consider the applications of the SLP (Civil) Nos. 18475-18476 of 2013 etc. etc. respondents with reference to the said new Policy dated 10.6.2011 and pass appropriate orders within three months from today. It is needless to say that if the respondents-applicants are aggrieved by any order passed on such consideration, they will be entitled to challenge the same in accordance with law. …………….”

6. It is significant to note that the last line of the G.O. dated 10th June, 2011 stated that further guidelines would be issued by the concerned department in due course.

7. These further guidelines as postulated by the G.O. dated 10th June, 2011 came to be issued on 7th October, 2011. These (new) guidelines were not supplementary but a completely extra set of guidelines that prescribed norms for the grant of an NOC to new schools for affiliation to CBSE and for existing schools for renewal of affiliation under the CBSE Affiliation Bye-laws. According to learned counsel for the schools, this was quite unexpected and unnecessary

8. Be that as it may, the management of several schools objected to some of the guidelines. The objections were to the following guidelines:

“iv. The institution should have minimum 3 acres of land, out of which at least 2 acres shall be in the actual location where the school is functioning in a contiguous manner. It should have adequate playground also. There should be a library and adequate number of laboratories.

vi. The medium of instruction must be English. However Malayalam will be compulsorily taught as a paper with a prescribed text book and a proper academic evaluation as instructed by State Government from time to time. viii. The school shall appoint only qualified and eligible staff and must pay the salary and allowances and other benefits to the employees of the school. Employees in the CBSE/ICSE school shall be offered the same pay scales as in Government Schools for equivalent categories. The pay shall start at the minimum of the scale and employees shall be eligible for DA and increments as is allowed in Government Schools from time to time.

xiv. The school should have been in existence for a period of five years as on the date of application for NOC and should have at least 300 students in its rolls. The UIID enrolment should be completed and UIID numbers of the students enrolled in the school shall be furnished.”

9. These guidelines were challenged by some schools by way of writ petitions in the High Court. A learned Single Judge of the High Court heard the writ petitions challenging the G.O. of 7th October, 2011 and by an interim order passed on 20th April, 2012 stayed the operation of guidelines (iv) and (xiv).

10. Kerala filed a writ appeal challenging the order of the learned Single Judge and upon hearing learned counsel, the Division Bench was of the view that the decision in the writ appeal would render all the pending writ petitions before the learned Single Judge infructuous. Therefore, with the consent of all the parties to the litigation, it was decided that all the writ petitions and the writ appeal should be heard by the Division Bench so that there is some finality to the dispute.

11. By the impugned judgment and order dated 14th September, 2012, the High Court struck down clause (iv) and (xiv) of the guidelines dated 7th October, 2011 and it is under these circumstances that the present petitions have been filed by Kerala and taken up for consideration.

12. At the outset, we may note that although initially four guidelines were under challenge before the learned Single Judge but before us it was stated by learned counsel for school managements that they do not press the challenge to guidelines (vi) and (viii). We are, therefore, concerned only with guidelines (iv) and (xiv) pertaining to a school seeking affiliation requiring minimum 3 acres of land and a minimum 300 enrolled students. Requirement of minimum 3 acres of land

13. According to Kerala, a school seeking an NOC for affiliation to the CBSE must have 3 acres of land out of which 2 acres should be contiguous and in the actual location of the school. We have not been shown any basis for this mandate, applicable to all schools across the board.

14. On the other hand, the CBSE appears to have done its homework in framing the Affiliation Bye-laws and making a realistic assessment of the requirements of schools depending on their location.

15. In Chapter IV of the Kerala Education Rules, 1959 (for short ‘KER’), we have been informed by learned counsel for Kerala that it is provided that Upper Primary Schools with or without Lower Primary Section (that is up to and including Standard V and VI), the land requirement (as informed) is 1.2 to 2 hectares (3 to 5 acres); for Secondary Schools the land requirement is 1.2 to 2 hectares (3 to 5 acres) and for Higher Secondary Schools the land requirement is 1.2 hectares (3 acres). Hence the minimum requirement is of 3 acres of land. However, the KER provides that every school should normally have a minimum site area as indicated above.

16. Contrast this with the CBSE Affiliation Bye-laws. Under these Bye-laws, the minimum land requirement varies from location to location. The requirement generally for an educational institution to apply to the CBSE for affiliation is that the school must have 2 acres of land but there are certain exceptions. For example, in cities with a population exceeding 25 lakhs the land should not be less than 1 acre with adequate building and arrangement with other institution/organization for imparting physical and health education and for conducting games to the satisfaction of the CBSE. In hilly areas, the land should not be less than 1 acre and the norms as prescribed by the Planning Commission would be applicable for determining hilly areas.

17. Similarly, in schools located within the Municipal limit of the capital cities, islands, North Eastern States and Jammu & Kashmir the minimum land requirement shall be 1 acre. In other words, the CBSE has introduced a degree of flexibility depending upon the location of the school. Unfortunately, Kerala has not even thought of providing any such flexibility. It appears to us that the rigid requirement of Kerala indicates that it is imposed upon the schools that seek affiliation with the CBSE only with a view to unnecessarily burden them with an onerous and arbitrary condition, since Kerala believes it has the authority to do so.

18. Keeping all this in mind, we had required Kerala by an order dated 6th December, 2016 to inform us the number of schools run by the State Government or aided by the State Government or affiliated with the State Board that do not comply with the guidelines of 7th October, 2011. In response, Kerala filed an evasive affidavit to the effect that since the guidelines do not apply to such schools, there is no compulsion on such schools to comply with them. This is remarkable – guidelines are framed by Kerala for application by schools other than those run by the State Government or aided by the State Government or affiliated with the State Board. There is no reason given for this distinction drawn by Kerala which appears to be completely arbitrary.

19. It was submitted on behalf of Kerala that nevertheless the State Government was well within its rights and authority to provide for a minimum of 3 acres of land for the grant of an NOC. While this may be so, the requirement must have some rational basis but we are unable to find any such rational basis. Even in the counter affidavit filed before the learned Single Judge it is stated by Kerala that restrictions have been placed on CBSE schools to prevent their mushrooming growth which would affect the public education system in the State. No details have been given for arriving at this conclusion. But the very fact that there is a mushroom growth of CBSE schools is an indication that the public education system in Kerala as managed by the State Government leaves something to be desired in terms of the quality of the education. How does the restriction imposed by Kerala benefit the children of the State?

20. As mentioned above, the CBSE has done its homework well and has taken a pragmatic view of the requirement of land. We can take judicial notice of the fact that in metropolitan and capital cities as well as in hilly areas, it would be difficult to get 3 acres of land or even 2 acres of land. Similarly, due to the terrain it would perhaps be difficult to get adequate land in the North Eastern region of the country as well as in Jammu & Kashmir. This realism deserves to be contrasted with non-realistic inflexibility of Kerala which too has some hilly areas where perhaps it might be difficult to find 3 acres of land. It is this lack of pragmatism and arbitrary rigidity that has weighed with the High Court as well as with us in coming to the conclusion that guideline (iv) requiring a minimum of 3 acres of land for obtaining an NOC for getting affiliation in accordance with the Affiliation Bye-laws of the CBSE is arbitrary and was deservedly struck down by the High Court.

Minimum enrolment of 300 students

21. The second challenge is with reference to the minimum strength of students being 300 in a school that seeks affiliation with the CBSE in terms of guideline (xiv).

22. At this stage, it may be mentioned that in Queen Mary Public School v. State of Kerala1 the High Court held that the requirement of 500 students on the rolls for affiliation of the school from Standard I to Standard X is contrary of the CBSE Affiliation Bye-laws and is not rational or sustainable. Notwithstanding this, Kerala has insisted on the number of students on the rolls being at least 300 for the issuance of an NOC. Since there is no such requirement under the CBSE Affiliation Bye-laws – this is merely an unwarranted imposition by Kerala on school managements.

23. The question of affiliation with the CBSE would arise only when the school reaches at least Standard VI. In this regard, clause 15.1(a) of Chapter III of the Affiliation Bye-laws is relevant and this provides as follows:

“15.1.(a) The schools fulfilling the norms of Affiliation given in Chapter-II may apply ‘On-line’ to the Board for approval of Middle Class Syllabus/provisional affiliation for secondary/ upgradation of Senior Secondary Classes on the prescribed from alongwith prescribed fee given in Appendix II before 30th June of the Year preceding the year in which Class VI/IX/XI as the case may be is proposed to be started. Application Forms, procedural details and Affiliation Bye-Laws for submission of applications ‘on line’ are available on the Boards website http://www.cbse.nic.in.

Application submitted by post or by any other means will not be processed. All the applications which are received by CBSE on or before 30th June every year may be processed together within a period of six months thereof. The order of granting or refusing the affiliation shall be communicated to the applicants on or before 31st December of that year.”

24. The High Court took the view that progressive stages of affiliation has a rational basis while the prescription of having a minimum of 300 students for obtaining an NOC does not have any such basis. Again, we do not find any reason for this requirement in the counter affidavit filed by Kerala in the High Court except that it has the authority to make such a prescription.

25. The illustration given by the High Court in this regard is apposite. The Right of Children to Free and Compulsory Education Act, 2009 (the RTE Act) requires a student-teacher ratio of 30:1. A SLP (Civil) Nos. 18475-18476 of 2013 etc. etc. school having 30 children in one class and having one division will have only 180 students upto and including Standard VI. Such a school cannot, therefore, obtain provisional affiliation for secondary or senior secondary classes. Actually, such a school would not be eligible for affiliation till Standard X when it has 300 students – and it can never reach that stage since Standard IX and X can be started only if the school has CBSE affiliation. Kerala is, therefore, expecting an impossibility from such schools that strictly conform to the provisions of the RTE Act.

26. On the other hand, under the KER the minimum effective strength per standard in Lower Primary/Upper Primary and High Schools is 25 students (it would now have increased to 30 students). It is only for schools seeking CBSE affiliation that it is prescribed that the number of students should not be less than 300. We do not see how, if the number of students is less than 300, it will detract from the quality of education imparted to the students. In other words, the requirement of a minimum strength of 300 students is a completely arbitrary figure arrived at by Kerala and which has no rational nexus with quality education or the CBSE Affiliation Bye-laws.

27. According to learned counsel for Kerala, if a school does not have a minimum of 300 students, it would be difficult for that school to SLP (Civil) Nos. 18475-18476 of 2013 etc. etc. pay the required wages of the staff and the teachers except by charging exorbitant fees. There is no material on record to substantiate such a conclusion and it is based merely on the ipse dixit of the State. In the absence of any material on record justifying the fixation of a minimum of 300 students in a school seeking an NOC for affiliation to the CBSE, we must hold the requirement as arbitrary and we do so.

28. Another issue raised by the management of schools is with regard to the compulsory unique identification (UID) for enrolment of students. We leave this issue open, as suggested by learned counsel, to await the decision of Constitution Bench of this Court which is presently seized of the requirement of UID.

29. For the aforesaid reasons, we find no merit in these petitions which are accordingly dismissed. The interim applications stand disposed of.

…………………….J (Madan B. Lokur)

…………………….J (Deepak Gupta)

New Delhi

May 2, 2018

1 (2007) 4 KLT 706

________________________

[SLP (C) No. 4530/2014]

[SLP (C) Nos. 23142-23146/2013]

[SLP (C) Nos.23138-23140/2013]

[SLP (C) Nos. 29655-29658/2013]

[SLP (C) Nos. 29781-29783/2013]

[SLP (C) Nos. 29560-29561/2013]

[SLP (C) Nos. 33438-33439/2013]

[SLP (C) Nos. 29660-29662/2013]

[SLP (C) Nos. 83-86/2014]

[SLP (C) Nos. 31934-31936/2013]

[SLP (C) Nos. 79-80/2014]

[SLP (C) No. 39339/2013]

[SLP (C) No. 37208/2013]

[SLP (C) Nos. 76-77/2014]

[SLP (C) No. 81/2014]

[SLP (C) No. 82/2014]

[SLP (C) Nos. 4534-4536/2014]

Statutory Councils In India

Technical Education
Statutory Councils of India are responsible for recognition of courses, promotion of professional institutions and providing grants to different ​programmes and various awards.
1. All India Council of Technical Education – AICTE
2. Medical Council of India – MCI
3. National Council for Teacher Education – NCTE
4. Dental Council of India – DCI
5. Pharmacy Council of India – PCI
6. Indian Nursing Council – INC
7. Bar Council of India -BCI
8. Central Council of Homeopathy -CCH
9. Central Council for Indian Medicine – CCIM
10. Council of Architecture – COA
11. Distance Education Council – DEC
12. Rehabilitation Council Of India – RCI
13. National Council for Rural Institutes – NCRI
14. The Veterinary Council Of India – VCI
15. National Councils of Education research and training NCERT
16. Institute of Chartered Accountants of India
17. Institute of Cost and Works Accountants of India
18. Institute of Company Secretaries of India
19. Institution of Engineers

The Serampore College Act, 1918 [ West Bengal ]

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Bengal Act 4 of 1918

[1st May, 1918]

An Act to supplement, and in certain matters to supersede, the Royal Charter of Incorporation and the Statute and Regulation of the Serampore College.

Whereas on the 23rd day of February, 1827, the institution established in Serampore, Bengal, and known as the Serampore College, was incorporated by Royal Charter granted by his late Danish Majesty King Frederick the Sixth, with the powers and privileges in the said Royal Charter set forth, including the power of conferring upon the students of the said college degrees of rank and honour according to their proficiency in science;

And whereas by Article VI of the Treaty of Purchase, dated the 22nd February, 1845, transferring Serampore to the British Government, it was provided that the rights and immunities granted to the Serampore College by the said Royal Charter, as translated and contained in Schedule I to this Act, should not be interfered with but should continue in force in the same manner as if they had been obtained by a Charter from the British Government, subject to the general law of British India;

And whereas Statutes and Regulations for the better government of the said college and management of its concerns, as contained in Schedule II to this Act, were, on the 12th day of June, 1833, made and established under the powers conferred by Article 4 of the said Royal Charter;

And whereas, under the provisions of the said Royal Charter, the Council of the college consists of a Master or President and two or four members elected as provided in the said Statutes and Regulations, and the management of the college and its general order and government is vested in the Master and Council, and the said power of conferring degree of rank and honour is vested in the first Council and their successors for ever;And whereas it is considered that in order to give effect, under the conditions now existing, to the intentions of his late Danish Majesty and of the founders of the said college, that is to say, to promote piety and learning, particularly among the native Christian population of India, the amendment of the constitution of the college, by the enlargement of the college on an interdenominational basis, with power to delegate some of its functions, in manner hereinafter appearing, is required;

And whereas the present Council of the said college consists of the Reverend George Pearce Gould, M.A., D.D., Master and President, George Barclay Leechman, Esq., Sir George Watson Macalpine. LL.D., the Reverend Robert Forman Horton, M.A., D.D., and the Reverend George Howells, M.A., Ph.D., Principal of the college;

And whereas it is deemed expedient by the Governor an Council, with the consent of the said Council of the Serampore College, that a Faculty and Senate be constituted for the said college in manner hereinafter appearing and that suitable standards be imposed in regard to any secular degrees that may hereafter be conferred by the said Council under the terms of the said Royal Charter;

And whereas it is necessary to make provision for the above purposes by subjecting the said Royal Charter, Statutes and Regulations to an Act of the legislature under the general law of British India in accordance with the terms of the aforesaid Treaty;

And whereas the previous sanction of the Governor General in Council has been obtained to the passing of this Act.

It is hereby enacted as follows :-

1. Short title. – This Act may be called the Serampore College Act, 1918.

2. Constitution of the Council. – (1) The Council of the Sarampore College as constituted by the Royal Charter of the 23rd day of February, 1827, shall be enlarged so as to consist of not less than five nor more than sixteen ordinary members, including the Master, as the Council may from time to time determine. The first Council constituted under this section shall include the present Master and President and the other present members.

(2) At least one-third of the members of the Council shall be members of the Baptist denomination.

(3) The Master shall be the President of the Council.

(4) The Principal of the College, if not an ordinary member, shall be an additional member of the Council ex officio during his term of office as Principal of the college.

(5) Until otherwise determined by by-law made under section 14, three members of the Council shall form quorum.

3. Resignation of Members. – Any members of the Council may at any time resign his office by notice in writing to the Master, provided that no such resignation shall be deemed to take effect so long as the total number of members of the Council shall by reason thereof be less than five.

4. Election of Master. – On any vacancy occurring in the office of Master the remaining members of the Council shall elect another person, whether one of their member or not, to fill his place.

5. The College Faculty. – The Council shall, within one year from the date of the commencement of this Act, constitute and appoint in the manner prescribed in section 6, a body to be known as the college Faculty.

6. Constitution of the College Faculty. – (1) The Faculty shall consist of the Principal (who shall be its President) and such of the professors and other officials and functionaries of the college as may be appointed by the Council in accordance with by-laws made under section 14.

(2) The Council shall from time to time prescribed and declare by order in writing the powers and duties of the Faculty, and may remove any member thereof.

7. Delegation of Council’s power and duties. – The Council may delegate to the Faculty all or any of the powers and duties of the Council and Master, which concern only the internal management of the college and its general order and good government.

8. The Senate of the College. – The Council shall, within one year from the date of the commencement of this Act, constitute and appoint in the manner prescribed in section 9, a body to be known as the Senate of the college.

9. Constitution of the Senate. – The Senate shall consist of the Principal (who shall be Convenor) and not less than twelve and more than eighteen persons as the Council may from time to time determine, to be appointed by the Council:Provided that –

(a) at least one and not more than three representative of each of the following Christian denominations, viz., Anglican, Baptist, Congregational, Lutheran, Methodist, Presbyterian and Syrian, shall, as far as practicable, be members of the Senate;

(b) at least two-thirds of the members shall be persons other than professors, officials or functionaries of the college;

(c) not less than one-sixth of the members shall be members of the College Faculty.

10. Term of office of members of the Senate. – (1) Subject to the provisions of clause 11 of the Statutes and Regulations of the college, which shall be deemed to apply to members of the Senate, each member of the Senate shall hold office for a period of five years, at the expiration of which period he shall retire, but he shall be eligible for re-appointment:Provided that the Principal shall not, during the term of his office as Principal, be subject to retirement, unless he becomes disqualified under the provisions of clause 11 of the Statutes and Regulations.(2) Any member of the Senate may, by notice in writing to the Master, resign his membership at any time.

11. Duties of the Senate. – The Senate shall frame courses of study and make rules for the conduct of examinations, and shall, subject to the control, of the Council, determine the qualifications for degrees and diplomas and do and perform other matters and things necessary or proper for or relating to the determination of the eligibility of candidates for degrees, diplomas and certificates to be conferred by the Council.

12. Power of the Senate to make rules and regulations. – Subject to the provisions of this Act, the Statute shall make rules and regulations for the convening of its meetings and for the proper conduct of its business.

13. Granting of degrees. – If, at any time, the Council shall intend to grant degrees in any branch or branches of knowledge and science other than theology, such degrees shall be confined to students who shall have received regular instruction at the Serampore College; and before the Council proceeds to grant such degrees, it shall satisfy the State Government as to the adequacy-

(1) of the establishment and equipment of the College;

(2) of the academic standard to be maintained; and

(3) of the financial provision made therefor:Provided that the said Government, on ceasing to be so satisfied, may withdraw its approval of the granting of such degrees.

14. Power of the Council to make by-laws. – Subject to the provisions of this Act and of the said Royal Charter, Statutes and Regulations, so far as they are not inconsistent therewith, the Council shall make by-laws providing for and regulating the following matters, namely :-

(a) the convening of meetings of the Council;

(b) the quorum to be required at meetings of the Council and the conduct of business at such meetings;

(c) the appointment of members of the Council, Faculty and Senate;

(d) the duties to be performed by the Faculty under the direction and control of the Council;

(e) the conferring of degrees, diplomas and certificates on the recommendation of the Senate;

(f) the terms and tenure of appointments, duties, emoluments, allowances and superannuation allowances of the Principal, Professors, Fellows, Tutors and other officers of the college and of its servants;

(g) the finances and accounts of the college and the investment of its funds;

(h) the person or persons by whom, and the manner and form in which, contracts by or on behalf of the college may be entered into, varied or discharged, and deeds, agreements, contracts, cheques, and other negotiable instruments and documents may be signed or executed on behalf of the college, and minutes and proceedings of meetings of the Council, Faculty or Senate may be authenticated or evidenced so as to bind the college and be receivable in evidence in accordance with the provisions of the Indian Evidence Act, 1872;

(i) the custody and use of the common seal; and

(j) generally all such other matters as may be required or authorized under this Act and the said Royal Charter, Statutes and Regulations, so far as they are not inconsistent with this Act.

15. Effect of Act. – The provisions of the said Royal Charter and of the Statute’s and Regulations made thereunder, so far as they are contrary to or inconsistent with any of the terms of the Act, shall be deemed to be superseded from the date of the commencement of this Act:Provided that nothing in this Act shall render invalid any acts performed, duties imposed or liabilities incurred prior to the date on which this Act comes into force in accordance with the terms of the said Royal Charter, and of the Statutes and Regulations made thereunder.

Schedule I

[See Preamble and sections 2(1), 14 and 15]

Charter of incorporation of the Serampore College.

We Frederick the Sixth, by the Grace of God King of Denmark, the Vendors and Gothers, Duke of Slesving Holsten, Storman, Ditmarsken, Limessborg and Oldenborg, by these writings make known and publicly declare, that whereas William Clark Marshman, Esq., inhabitants of our town of Frederiksnagore (or Serampore) in Bengal, being desirous of founding a college to promote piety and learning particularly among the native Christian population of India, have to secure this object erected suitable buildings and purchased and collected suitable books, maps, etc., and have humbly besought us to grant unto them and such persons as shall be elected by them and their successors to form the Council of the college in the manner to be hereafter named, out Royal Charter of Incorporation that they may the more effectually carry into execution the purpose above mentioned :-

We being desirous to encourage so laudable an undertaking have of our special grace and free motion ordained, constituted, granted and declared, and by these presents We do for ourselves, our heirs and successors ordain, constitute, grant and declare:

1. That the said William Carey, Joshua Marshman and John dark Marshman, and such other person or persons as shall successively be elected and appointed the Council of the said college, in the manner hereafter mentioned, shall by virtue of these presents be for ever hereafter one body politic and incorporate by the name of the Serampore College for the purposes aforesaid to have perpetual succession and to have a common seal and by the said name to sue and to be sued, to implead and be impleaded, and, to answer and be answered unto in every Court place belonging to use, our heirs and successors.

2. And We do hereby ordain, constitute and declare that the persons hereby incorporated and their successors shall for ever be competent in law to purchase, hold and enjoy for them and their successors any goods and chattels whatsoever and to receive, purchase, hold and enjoy, they and their successors, any lands, tenements or hereditaments whatever and that they shall have full power and authority to sell, exchange or otherwise dispose of any real or personal property to be by them acquired as aforesaid, unless the sale or alienation of such property be specially prohibited by the donor or donors thereof, and to do all things relating to the said college or Corporation in as ample a manner or form as any of our liege subjects, or any other body politic or corporate in our said kingdom or its dependencies may or can do.

3. And We do hereby ordain, grant and declare that the number of Professors, Fellows or Student Tutors and Students shall be indefinite and that the said William Carey, Joshua Marshman and John Clark Marshman shall be the first Council of the said college, and that in the event of its appearing to them necessary during their lifetime, or in the case of the death of any one of the three members of the said first Council, the survivors or survivor shall and may under their respective hands and seals appoint such other person or persons to be members of the Council of the college, and to succeed each other so as to become members of the said Council in the order in which they shall be appointed, to the intent that the Council of the said college shall for ever consist of at least three persons.

4. And We do hereby further ordain, grant and declare, that for the better government of the said college and the better management of its concerns, the said William Carey, Joshua Marshman and John Clark Marshman, the members of the first Council, shall have full power and authority for the space of ten years from the date of these presents, to make and establish such Statutes as shall appear to them useful and necessary for the government of the said College, in which Statutes they shall define the powers to be entrusted to Their successors, to the Professors, the Fellows or Student Tutors and the other officers thereof, and the duties to be performed by these respectively for the management of the estates, lands, revenues and good – and of the business of the said college, and the manner of proposing, electing, admitting and removing all and every one of the Council, the Professors, the Fellows or Tutors, the officers, the students and the servants thereof, and shall make and establish generally all such other Statutes as may appear to them necessary for the future good government and prosperity of the said college, provided that these Statutes be not contrary to the laws Statutes of our realm.

5. And We do hereby further ordain, grant and declare that the Statutes thus made and established by the said three members of the first Council and given or left in writing under their respective hands, shall be valid and in full force at the expiration of ten years from the date of these presents, so that no future Council of the college shall have power to alter, change or vary them in any manner whatever, and that the Statutes shall for ever be considered the constitution of the said college. And We do hereby appoint and declare that these Statutes shall be made and established by the said William Carey, Joshua Marshman and John Clark Marshman alone, so that in case either of them should die before the expiration of ten years, the power of completing or perfecting these Statutes shall devolve wholly on the survivors or survivor; and that in case all three of them should die before the expiration of ten years, the Statutes which they have left in writing under their hands, or under the hand of the last survivor among them, shall be considered “The Fundamental Statutes and Constitution of Serampore College”, incapable of receiving either addition or alteration, and shall and may be registered in our Royal Court of Chancery as “The Statutes and Constitution of Serampore College”.

6. And We do hereby further appoint, grant and declare that from and after the completion of the Statutes of the said college in the above said time of ten years, the said Council of the college shall be deemed to consist of a Master or President and two or four members who may be Professors or otherwise as the Statutes may direct so that the said Council shall not contain less than three, nor more than five persons, as shall be defined in the Statutes. The Council shall ever be elected as the Statutes of the college may direct, yet the said Master or President shall always previously have been a member of the college; and upon the decease of the said Master or President, the Council of the said college shall be unable to do any act or deed until the appointment of a new Master or President, save and except the appointment of such a Master.

7. And We further appoint, grant and declare that the said William Carey, Joshua Marshman and John Clark Marshman, the members of the first Council, and their successors for ever, shall have the power of conferring upon the students of the said college, native Christians as well as others, degrees of rank and honour according to their proficiency in as ample a manner as any other such college, yet the said Serampore College shall only have the power of conferring such degrees on the students that testify their proficiency in science, and no rank or other special right shall be connected therewith in our dominions. And We do hereby further appoint, grant and declare, that after the expiration of the said ten years, the said Council of the college and their successors for ever shall have power to make and establish such orders and by-laws as shall appear to them useful and necessary for the government of the said college, and to alter, suspend or repeal those already made, and from time to time make such new ones in their room as shall appear to them most proper and expedient provided the same be not repugnant to the Statutes of the college or the laws of our realm, and that after the expiration of these ten years any member of the Council shall have power to move the enactment of any new by-law, or the alteration suspension or repeal of any existing one provided notice of such motion shall have been delivered in writing to the Master and read from the Chair at one previous meeting of the Council of the said college, but that no such motion shall be deemed to have passed in the affirmative, until the same shall have been discussed and decided by ballot at another meeting summoned especially for that purpose, a majority of the members then present having voted in the affirmative; and in this as in all other cases, if the votes be equal, the Master or President shall have the casting vote.Given at our Royal Palace in Copenhagen on the twenty-third day of February in the year of our Lord one thousand eight hundred and twenty-seven, in the nineteenth year of our reign.

Under our Royal Hand and Seal.

Frederick R.

Schedule II.

[See Preamble and sections 10(1), 14 and 15.]

Statutes and Regulations of the Serampore College.

June 12th, 1833.

1. Article the Third of the Charter granted by His Danish Majesty, having authorised the first Council of Serampore College in their life-time to nominate under their hand and seal such other person or persons for colleagues or successors as may to them appear most proper so that the Council shall always consist of at least three persons, their successors in the Council shall be competent in like manner to nominate in their life-time under their separate hand and seal such person or persons as they may deem most proper to fill vacancies then existing or which may occur on their demise ; members thus nominated and chosen shall succeed to the Council in order of their nomination.

2. It being fixed in the Charter that the Council must consist of the Maser or President and at least two, but not more than four members, and that on the demise of the Master no act shall be done until another be elected, the Master and Council for the time being shall appoint the next Master under their separate hand and seal. If on the demise of a Master on one be found thus appointed under the hand and seal of a majority of the Council, the senior member of the Council shall succeed as Master.

3. The Charter having given the casting vote to the Master, in all cases when the vote are equal the casting vote shall lie with the Master, and if there be no Master, it shall lie with the Senior Member of the Council.

4. Learning and piety being peculiar to no denomination of Christians, one member of the Council may at all times be of any other denomination besides the Baptist to preserve the original design of the institution. However if on the election of a Master a number of the Council be equally divided, that part which is entirely of the Baptist denomination shall have the casting vote, whether it includes the Master or not.

5. The management of the college, including its revenues and property, the choice of the Professor and Tutors, the admission of students, the appointment of all functionaries and servants’ and the general order and government of the college, shall ever be vested in the Master and the Council. The Master shall see that the Statutes and Regulations of the Council be duly carried into effect, and take order for the good government of the college in all things. His signature is necessary to the validity of all deeds, instruments, documents and proceedings.

6. “The first Council and their successors for ever” being authorized by the Charter “to confer such degrees of rank and honour as shall encourage learning” in the same manner as other colleges and Universities, they shall from time to time confer degrees in such branches of Knowledge and Science as may be studied there, in the same manner as the Universities in Denmark, Germany and Great Britain. In doing this the Master and Council shall ad libitum call in the aid of any or all the Professors of Serampore College. All such degrees shall be perfectly free of expense to the person on whom they may be conferred, whether he be in India, Europe or America.

7. No oaths shall be administered in Serampore College either to the Members of the Council, the Professors and Tutors, or the students. In all cases a solemn promise, duly recorded and signed by the party, shall be accepted instead of an oath.

8. Marriage shall be no bar to any office or situation in Serampore College, from that of the Master to that of the lowest student.

9. The salaries of the Professors and Tutors in Serampore College shall be appointed and the means of support for all functionaries, students and servants be regulated by the Council in such manner as shall best promote the objects of the institution.

10. It is intended that neither the Master nor any member of the Council in general shall receive any salary. But any Master who may not previously reside in the college shall have a residence there free of rent for himself and his family. And if the Council shall elect any one in Europe or in America, whom they deem eminent for learning and piety, a member of the Council, with a view to choosing him Master should they on trial deem him worthy, the Council shall be competent to appoint him such salary as they may deem necessary, not exceeding, however, the highest given to a Professor.

11. As the founders of the college deem the belief of Chirst’s Divinity and Atonement essential to vital Christianity, the promotion of which is the grand object of this institution, no one shall be eligible to the college Council or to any Professorship who is known to oppose these doctrines, and should any one of the Professors or any member of the Council unhappily change his views after his election as to oppose these fundamental doctrines of Christianity, on this being clearly and decidedly proved from his teaching or his writings, he shall vacate the office he previously held. But every proceeding of this nature on the part of the College Council shall be published to the Christian world with the proofs on which it may rest, as an appendix to the succeeding report.

12. Members of the Council are eligible from among the Professors of the college, or from among any in India, Europe, or America, whom the College Council may deem suitable in point of learning, piety, and talent.

13. Students are admissible at the discretion of the Council from any body of Christians, whether Protestant, Roman Catholic, the Greek, or the Armenian Church; and for the purpose of study, from the Musalman and Hindu youth, whose habits forbid their living in the college. No caste, colour, or country shall bar any man from admission into Serampore College.

14. Expulsion shall be awarded in cases of open immorality, incorrigible idleness, neglect of the College Statutes and Regulations, or repeated disobdience to the officers of the college.

15. Any person in India, Europe or America shall be at liberty to found any Professorship, or to attach to Serampore College any annual exhibition or prize for the encouragement of learning in the same manner as in Universities of Great Britain, regulating such endowment according to their own will; and it shall be the duty of the College Council to carry such benefactions into effect in strick consonance with the will of the doners as far as shall be consistent with the Statutes of the college.

16. It shall be lawful for the first Council of the college or their successors to make and rescind any by-laws whatever, provided they be not contrary to these Statutes.

17. The Charter having declared that the member of the Professors and Students in Serampore College remains unlimited, they shall be left thus unlimited, the number to be regulated only, by the gracious providence of God and the generosity of the public in India, Europe and America.

University Codes in India

BHU

UNIVERSITY GRANT COMMISSION

  1. Aligarh Muslim University Act, 1920
  2. All India Council For Technical Education Act,1987
  3. All India Institute of Medical Science Act,1956
  4. Babasaheb Bhimrao Ambedkar University Act, 1994
  5. Banaras Hindu University Act, 1915
  6. Central Agricultural University Act, 1992
  7. Central Educational Institutions (Reservation In Admission) Act, 2006
  8. Central Universities Act,2009
  9. Delhi University Act, 1922
  10. Delivery of Books and Newspapers (Public Libraries) Act, 1954
  11. Dr. Rajendra Prasad Central Agricultural University Act, 2016
  12. English And Foreign Languages University Act, 2006
  13. Indian Institutes of Information Technology Act,2014
  14. Indian Maritime University Act, 2008
  15. Indira Gandhi National Open University Act, 1985
  16. Indira Gandhi National Tribal University Act, 2007
  17. National Institute of Design Act,2014
  18. Rajiv Gandhi Institute of Petroleum Technology Act,2007
  19. Rajiv Gandhi National Aviation University Act,2013
  20. Rajiv Gandhi University Act,2006
  21. School of Planning and Architecture Act,2014
  22. Science and Engineering Research Board Act,2008
  23. Sikkim University Act,2006
  24. South Asian University Act,2008
  25. Sree Chitra Tirunal Institute for Medical Sciences and Technology Trivandrum Act,1980
  26. Tripura University Act,2006
  27. University Grants Commission Act,1956