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Registered No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 9] NEW DELHI, TUESDAY, MARCH 26, 1968/CHAITRA 6, 1890

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW

(Legislative Department)

New Delhi, the 26th March, 1968/Chaitra 6, 1890 (Saka)

The following President's Act is published for general informa-

tion:—

THE CALCUTTA UNIVERSITY (AMENDMENT) ACT, 1968

No. 5 or 1968

Enacted by the President in the Nineteenth Year of the

Republic of India.

6 of 1968.

An Act further to amend the Calcutta University Act, 1966. In exercise of the powers conferred by section 3 of the West Bengal State Legislature (Delegation of Powers) Act, 1968, the President is pleased to enact as follows: —

1 This Act may be called the Calcutta University (Amendment) Short title, Act, 1968.

45

Amendment of section 24.

West Bengal

Act II of

1966.

2. In section 19 of the Calcutta University Act, 1966 (hereinafter referred to as the principal Act), in sub-section (1), under the heading "(6) Other members",—

(a) in clause (xx), the words ", not being Professional Col- leges," shall be omitted and shall be deemed always to have been omitted;

(b) in clause (xxiv), the words "not being Professional Col- leges," shall be omitted and shall be deemed always to have been omitted;

(c) for clause (xxx), the following clause shall be substituted and shall be deemed always to have been substituted, namely: —

" (xxx) not more than twenty-five and not less than five persons elected by registered graduates from among them- selves, the number of such persons to be elected being cal- culated on the basis of one person for every three hundred registered graduates;";

(d) in clause (xxxi), for the word "twenty", the word "ten" shall be substituted and shall be deemed always to have been substituted.

3. In sub-section (I) of section 22 of the principal Act, in clause Amendment ofsectionzz.

(vii) under the heading "(b) Other members", the words ", not being a Professional College" shall be omitted and shall be deemed always to have been omitted.

4. In section 24 of the principal Act, in sub-section (I), under the Amendment of section 24.

heading "(b) Other members",—

(a) in clause (xv), the words "not being Professional Col- leges," shall be omitted and shall be deemed always to hav" been omitted;

(b) after clause (.r?>0, the following clause shall be added and shall be deemed always to have been added, namely: —

"(xvii) four persons elected by Readers and Lecturers of the University, not being Heads of Departments, from among themselves.".

Amendment of section zt.

5. For sub-section (1) of section 28 of the principal Act, the fol- • lowing sub-sections shall be substituted and shall be deemed always to have been substituted, namely: —

"(i) There shall be such Councils for Post-Graduate Studies ag may be prescribed by Regulations.

(1A) Every Council for Post-Graduate Studies shall consist oi the following members, namely: —

(i) the Vice-Chancellor,

(ii) the Pro-Vice-Chancellor for Academic Affairs,

(Hi) the Secretary of the Council,

(iv) the Dean of the Faculty concerned, and such oth?" Dean or Deans as may be nominated by the Vice-Chancellor,

(v) the Head or Heads of the Department or Depart- ments concerned, if any,

(vi) the Professor or Professors of the Department or Departments concerned, if any,

(vii) ten persons, being teachers participating in Poet- Graduate Teaching in the subject or subjects concerned, of whom five shall be elected by such teachers of Constituent and Professional Colleges from among themselves and five shall be elected by such teachers of the University, not being Professors or Heads of Departments, from among themselves, and

(viii) not exceeding three persons, having special know- ledge in the subject or subjects concerned, elected by the Academic Council:

Provided that in the cases of Councils for Post-Graduate Studies—-

(i) in Engineering, Home Science, Law, Medicine, Social Weltare and Business Management, Veterinaiy Science and Dental Science, the Principal or Principals of the College or Colleges concerned,

(xi) in Commerce, the Head of the Department of Eco- nomics, and

(hi) in Journalism, the Heads of the Departments of Economics, History and Political Science and the Centenary Professor of International Relations,

shall be additional members of the Council:

Provided further that in the case of the Council for Post- Graduate Studies in Medicine, the Director of Health Services, Government of West Bengal, shall be a member of the Council;

and in the case of the Council for Post-Graduate Studies in Technology, the Council shall have power to co-opt a represen- tative each of the Government of West Bengal and of the Gov- ernment of India as additional members of the Council.

(IB) The Vice-Chancellor shall be the Chairman and the Pro-Vice-Chancellor for Academic Affairs shall be the Vice- chairman of every Council for Post-Graduate Studies.".

6. In section 58 of the principal Act,—

Amendment "J iMtlon 38.

(i) after sub-section (3), the following sub-section shall be inserted, namely: —

"(3A) If for any reason,—

(0) the constitution of the Senate, the Syndicate and the other bodies referred to in sub-section (3) can- not be completed within the period of office of the first Vice-Chancellor appointed under sub-section (1), then, on the expiry of such period, the Chancellor may, in consul- tation with the Minister, on such terms and conditions as he thinks fit, appoint the first Vice-Chancellor whose period of office has expired or another person to be the

Vice-Chancel lor lor the purposes of this section for such period not exceeding one year as the Chancellor thinko fit, or

(b) a vacancy occurs in the office of the first Vice- Chancellor before the expiry of the period of his office, then, the Chancellor may, in consultation with the Minister, on such terms and conditions as he thinks fit, appoint another person to be the Vice-Chancellor for the purposes of this section for the unexpired portion of such period or such further period not exceeding one year as the Chancellor thinks fit,

and references in this Act to the first Vice-Chancellor shall be deemed to include references to the Vice-Chancellor appointed under this sub-section.";

(ii) for sub-section (8), the following sub-section shall be substituted, and shall be deemed always to have been substituted, namely: —

"(8) In construing the provisions of section 19, section 22, section 24 and section 28, and in construing the provisions Of the first Statutes, the first Ordinances and the first Regu-

lations as framed under sub-section (2) in relation to the constitution under this section, of the Senate, the Syndicate, the Academic Council, the Faculties, the Councils for Post- Graduate and Under-Graduate Studies and the Boards of Studies,—

(a) "Constituent Colleges" shall mean the following Colleges, namely: —

(i) the Presidency College, Calcutta;

(ii) the Sanskrit College, Calcutta;

(in) the Bengal Engineering College, Shibpur;

(iv) the Medical College, Calcutta;

(D) the R. G. Kar Medical College, Belgachia,

Calcutta;

(in) the All India Institute of Hygiene and Pub-

lic Health, Calcutta; and

(uii) the Institute of Post-Graduate Medical

Education and Research, Calcutta,

(b) "Professional Colleges" shall mean the following Colleges, namely: —

(i) the National Medical College, Calcutta;

(ii) the Nilratan Sarkar Medical College

Calcutta;

(iii) the Bankura Sammilani Medical College;

(iv) the University Law College, Calcutta;

(u) the Surendranath Law College, Calcutta;

(yi) the David Hare Training College, Calcutta;

(vii) tho Union Christian Training College,

Berhampur;

(uiii) the Institute of Education for Women,

Calcutta;

(ix) the Belurmath Ramkrishna Mission Siksha

Mandir;

(x) the Jhaigrum Sevayatan Sikshan Maha-

vidyalaya;

(xi) the Agartala Teachers' Training College,

Tripura;

(xii) The Bengal Veterinary College, Belgachia,

Calcutta;

(rciii) the Calcutta Dental College;

{xiv) the College of Leather Technology (for-

merly Bengal Training Institute), Calcutta;

(xv) the College of Ceramic Technology Calcutta;

(xvi) the Berhampur College of Textile Techno- logy;

(xvii) the College of Textile Technology, Serampore;

(xvin) the Calcutta Girls' B.T. College, Calcutta; (xix) the Gopal Chandra Memorial B.T. College, New Barrackpore, 24-Parganas; and

(xx) the All Bengal Teachers' Training College, Calcutta,

(c) "registered graduates" shall mean—

VIII of 1904 West Bengal Act XVIII of 1951.

(a) graduates of the University of Calcutta registered under the Indian Universities Act, 1904, or under the Calcutta University Act, 1951, who compounded for all payments of the annual fee for retention of their names in the register by paying the sums prescribed in that behalf, and

VHIof 1904.

West Bengal Act XVIII of 1951.

(b) persons holding the degree of a Master or a higher degree of the University of Calcutta as constituted under the Indian Universities Act, 1904, or the Calcutta University Act, 1951, or graduates of such University of at least three years' standing, who have paid on or before a date to be fixed by the Vice-Chancellor by an order in writing, not being earlier than the thirtieth day from the date of the order, a subscription of ten rupees for the enrolment as registered graduates for the purpose of the first election under clause (xxx) of sub-section (1) of section 19 and have been enrolled as such,

(d) references to the heads of departments of teach- ing of the University, the University Professors, Uni- versity Readers and University Lecturers and Teachers of the University shall be deemed to be references to the persons holding offices respectively as the heads of departments of teaching, Professors, Readers, Lecturers and Teachers of the University of Calcutta, immediately before the date of the appointment of the first Vice- Chancellor."

RepMlurf

ttving.

7. (1) The Calcutta University (Amendment) Second Ordinance, 1968 and the Calcutta University (Second Amendment) Ordinance, 1968 are hereby repealed.

West Bengal Ordinance III of 1908 West Bengal Ordinance VIII of 1968,

(2) Notwithstanding such repeal, any thing done or any action taken under the principal Act as amended by the said Ordinances shall be deemed to have been validly done or taken under the prin- cipal Act as amended by this Act as if this Act were in force on the dav on which such thing was done or such action was taken.

ZAKIB HUSAIN,

President.

V. N. BHATIA,

Secy, to the Govt 0] India.

Reasons for the enactment

The Calcutta University is taking steps for the constitution of the Senate, the Syndicate, the Academic Council and the other authorities of the University according to the provisions of the Calcutta Univer- sity Act, 1966. For this purpose, the electoral rolls for the different constituencies of the new authorities are being prepared by the Uni- versity. The Government of West Bengal felt it necessary to amend the Calcutta University Act suitably so that the University might proceed in the proper manner for the holding of the first elections under the Act. For that purpose the Governor of West Bengal pro- mulgated the Calcutta University (Amendment) Ordinance, 1967 (West Bengal Ordinance No. VIII of 1967) on the 23rd September, 1967. The Legislature of West Bengal having had a session on the 29th November, 1967, this Ordinance was due to expire on the 9th January, 1968. In order to continue the provisions of this Ordinance, the Governor of West Bengal promulgated the Calcutta University (Amendment) Second Ordinance, 1968 (West Bengal Ordinance No. Ill of 1968) on the 8th January, 1968.

2. The Government of West Bengal considered it necessary to amend the Act to provide for the appointment of a temporary or interim Vice-Chancellor in the case of the first Vice-Chancellor's resignation and also for the continuance of the office of the first Vice- Chancellor after the expiry of the two year term provided in the Act. For this purpose the Governor of West Bengal promulgated the Calcutta University (Second Amendment) Ordinance, 1968 (West Bengal Ordinance No. VIII of 1968) on the 9th February, 1968.

3. The proposed measure seeks to replace the Ordinances referred to in paragraphs 1 and 2.

4. As it is not practicable to refer the present legislation to the Consultative Committee of Parliament on West Bengal legislation, it has been decided, in view of the urgency of the matter, to enact the present legislation without such reference.

G. K. CHANDIRAMANI,

Additional Secy, to the Govt. of India,

Ministry of Education.

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