47. How to make Ordinances. - (1) The Executive Council shall take into consideration drafts of Ordinances proposed to be passed, alter notice thereof has been given to the members of the Executive Council at least three weeks in advance of the date fixed for consideration of the same by the Executive Council. The Vice-Chancellor may direct a shorter notice in a matter which in his opinion is of an emergent nature.

(2) An ordinance shall be deemed to be passed by the Executive Council if it is agreed to by a majority of the total number of members of the Executive Council existing at the time.

(3) An Ordinance passed by the Executive Council in the manner provided hereinbefore in this section shall be submitted to the Chancellor for assent and shall come into force on being assented to by the Chancellor and shall be reported to the Court at its next meeting.

(4) The Chancellor may direct that the operation of any Ordinance shall be suspended until such time as the Court has had an opportunity of considering the same.

(5) An Ordinance shall unless cancelled or modified by the Chancellor shall remain in force until repealed or amended by a new Ordinance similarly passed and brought into force.

[48. Regulations. - Subject to the provisions of this Act and the Statutes and the Ordinances, Regulations may be made to provide for all or any of the following matters :-

(a) the powers and functions of the Boards of Studies;

(b) the functions and duties of Teachers' Councils in the University and in colleges and Institutions, other than Government Colleges and Institutions;

(c) the conditions for admission to the different courses of study and examinations of students;

(d) the rules for the conduct of University examinations;

(e) the courses of study and the division of subjects upon the recommendations of the Faculty Council for post-graduate and undergraduate studies concerned;

(f) all other matters which under this Act or the Statutes or the Ordinances are required to be or may be prescribed by Regulations.]

49. How to make Regulations. - (1) The Executive Council or a Committee appointed by it shall take into consideration drafts of Regulations, consistent with this Act and the Statutes and the Ordinances, after notice of the proposed Regulations has been given to the members of the Executive Council at least three weeks in advance of the date fixed for consideration of the same by the Executive Councillor the Committee appointed by it. The Vice-Chancellor may direct a shorter notice in a matter which in his opinion is of an emergent nature.

(2) A regulation shall be deemed to be issued by the Executive Council if it is agreed to at a meeting of the Executive Council by a majority of the total number of members of the Executive Council existing at the time. A Regulation shall come into force immediately on being passed unless otherwise directed by the Chancellor.

(3) The Court shall have the power, by a resolution passed by a majority of its total number of members existing at the time, to cancel or modify any Regulation.

(4) A Regulation shall, unless cancelled or modified by the Court under sub-section (3), remain in force until repealed or amended by a new Regulation similarly passed and brought into force.

50. Rules. - Subject to the provisions of this Act and the Statutes, the Ordinances and the Regulations, Rules may be made for the purpose of duly carrying out the provisions of, or exercising the powers conferred by, this Act or to provide for matters which, by the Statutes, the Ordinances or the Regulations, are required to be prescribed by Rules.

Chapter VII

Miscellaneous and Transitory Provisions

51. Delegation. - (1) [The Vice-Chancellor or, with the approval of the Vice-Chancellor, the Pro-Vice-Chancellor or the Registrar may,] subject to the provisions of this Act, delegate such of his powers or duties conferred or imposed by or under this Act as may be prescribed by the Statutes to an officer of the University under his direct administrative control.

(2) Subject to the provisions of this Act,-

(a) the Court may delegate any of its powers or duties, conferred or imposed by or under this Act, to-

(i) the Vice-Chancellor,

(ii) the Executive Council,

(iii) a committee constituted from among its own members, or

(iv) a committee appointed in accordance with the Statutes;

(b) the Executive Council may delegate any of its powers or duties, conferred or imposed by or under this Act, to-

(i) the Vice-Chancellor,

(ii) a committee constituted from among its own members,

(iii) a committee constituted in accordance with the Statutes or the Ordinances;

(iv) any of the Faculty Councils for post-graduate and undergraduate studies, or

(v) the Finance Committee;

(c) the Faculty Council for post-graduate and undergraduate studies may delegate any of its powers or duties, conferred or imposed by or under this Act, to-

(i) the Vice-Chancellor,

(ii) a committee constituted from among its own members,

(iii) a committee in accordance with the Regulations, or

(iv) any of the Boards of Studies;

(d) the Finance Committee may delegate any of its powers or duties, conferred or imposed by or under this Act, to-

(i) the Vice-Chancellor, or

(ii) a committee constituted from among its own members.

52. Passing of properties and rights, etc. - All properties and all rights of whatever kind used, enjoyed or possessed by, and all interests of whatever kind owned by or vested in or held in trust by or for, the Jadavpur University as constituted prior to the appointed day (hereinafter referred to as the former University) as well as all liabilities legally subsisting against the former University shall pass to the University as constituted under this Act.

53. Completion of courses of studies in colleges affiliated to the former University. - Notwithstanding anything contained in this Act, the Statutes, the Ordinances and the Regulations, any student of a college affiliated to the former University, who was studying for any examination of the former University, shall be permitted to complete his course in preparation therefor and the University shall hold, for such students, examinations in accordance with the curricula of study in force in the former University for such period as may be prescribed.

54. Transitory provisions and repeal. - (1) The Vice-Chancellor holding office at the date of publication of this Act in the Official Gazette shall be the first Vice-Chancellor of the University and he shall be deemed to have been appointed under this Act and he shall hold office for a period of four years from the date of publication of this Act in the Official Gazette or till he attains the age of 65 years, whichever is earlier.

(2) The first Vice-Chancellor shall, with approval of the Chancellor and with the assistance of a committee consisting of not less than nine members nominated by the State Government cause the Statutes, the Ordinances and the Regulations of the University to be framed.

[(3) The first Vice-Chancellor shall, within six months from the date of publication of this Act in the Official Gazette or within such longer period as the State Government may, from time to time, by notification direct, cause arrangements to be made so as to complete, within the period of his office as the first Vice-Chancellor appointed under sub-section (1), the constitution of the Court, the Executive Council, the Faculty Councils fort post-graduate and undergraduate studies and the Boards of Studies in accordance with the provisions of the Statutes, the Ordinances and the Regulations as framed under sub-section (2), as if they had already come into force.]

(4) If, for any reason,-

(a) the constitution of the Court, the Executive Council and other bodies referred to in sub-section (3) cannot be completed within the period of office of the first Vice-Chancellor appointed under sub-section (1), then, on the expiry of such period, the Chancellor may, in consultation with the Minister, on such terms and conditions as he thinks fit, appoint the first Vice-Chancellor whose period of office has expired or another person to be the Vice-Chancellor for the purposes of this section for such period not exceeding one year as the Chancellor thinks fit, or

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

(5) The State Government shall, by notification in the Official Gazette, appoint a date and on and from such date the Court, the Executive Council, the Faculty Councils for post-graduate and undergraduate studies and the Boards of Studies shall commence to exercise their respective functions and the Statutes, the Ordinances and the Regulations as framed under sub-section (2) shall come into force and be the first Statutes, the first Ordinances and the first Regulations of the University.

(6) (a) The Jadavpur University (Temporary Supersession) Act, 1980 (hereinafter referred to in this sub-section as the said Act) shall stand repealed with effect from the date of publication of this Act in the Official Gazette.

(b) Notwithstanding such repeal,-

(i) until the appointed day, the Jadavpur University Council, referred to in clause (b) of section 4 of the said Act shall continue to exercise all the powers and perform all the duties in the manner and on the terms and conditions provided in the said Act, and

(ii) anything done or any action taken under the said Act shall be deemed to have been validly done or taken under this Act.

(7) The first Statutes, the first Ordinances and the first Regulations of the University shall remain in force until new Statutes, new Ordinances and new Regulations are made under the provisions of this Act.

(8) The first Vice-Chancellor may subject to the approval of the Chancellor appoint such administrative, clerical and other staff as he deems necessary for giving effect to the provisions of this section.

(9) On and from the appointed day, the Jadavpur University Act, 1955, shall stand repealed and thereupon-

(a) the rules made by the former University for carrying out the provisions of the Jadavpur University Act, 1955 shall, subject to the provisions of sub-section (5), stand repealed and all authorities or bodies of the former University shall cease to function;

(b) all Institutions affiliated to or recognized by the former University and continuing as such immediately before the appointed day shall be deemed to be affiliated to, or recognised by, the University;

(c) all Institutions of whatever kind established, maintained or managed by the former University prior to the appointed day shall be deemed to be Institutions established, maintained or managed by the University under this Act;

(d) all affairs, functions or activities of the former University, including studies and examinations, commenced and in progress before the appointed day, shall be deemed to be in progress as if they had been commenced by the University under this Act;

(e) all things done or deemed to have been done, and all actions taken or deemed to have been taken and all appointments made by the former University under the Jadavpur University Act, 1955 shall be deemed to be things done or actions taken or appointments made by the University under this Act as if this Act had been in force when such things were done or such actions were taken or such appointments were made:

Provided that until such repeal references to the Vice-Chancellor under the said Act, shall be deemed to be references to the first Vice-Chancellor under this Act.

(10) In construing the provisions of section 16, section 19, section 21 and section 24 and construing the provisions of the Statutes, the Ordinances and the Regulations of the University in relation to the constitution, under this section, of the Court, the Executive Council, the Faculty Councils for post-graduate and undergraduate studies and the Boards of Studies, references to the heads of departments of teaching of the University, and Teachers of the University shall be deemed to be references to the persons holding offices respectively as the heads of departments of teaching and Teachers of the Jadavpur University, immediately [before the date of publication of final list of voters for election under this Act and the Statutes to the Court, the Executive Council, the Faculty Councils for post-graduate and undergraduate studies or the Boards of Studies, as the case may be].

(11) The provisions of this section shall have effect notwithstanding anything to the contrary contained elsewhere in this Act or in any other law.

55. Removal of difficulties. - If on account of any lacuna or omission in the provisions of this Act, or for any other reason whatsoever, any difficulty arises as to the first constitution of any authority of the University under this Act, or otherwise in giving effect to the provisions of this Act, the State Government, as occasion may require, may by Order do anything which appears to it to be necessary for the purpose of removing the difficulty notwithstanding anything to the contrary contained elsewhere in this Act or any other law.