Serampore College Act, 1918

The Serampore College Act, 1918 (1st May, 1918) – Bengal Act IV of 1918

a) The Government of India (Adaptation of Indian Laws) Order, 1937.
b) The Adaptation of Laws Order, 1950.
As modified up to the 30th June, 1997

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

Preamble

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;

For Statement of Objects and Reasons, see the Calcutta Gazette of 1918, Pt. IV. Page 18; and for Proceedings in Council, see ibid, Pt. IV A, pages 198 and 199 and 291-297 and 627-633.

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 degrees 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 Council on an inter-denominational 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 in 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 to 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 Serampore 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 a quorum.

3. Resignation of Members

Any member 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 number 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 prescribe and declare border in writing the powers and duties of the Faculty, and may remove any member thereof.

7. Delegation of Council’s Powers 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 convener) and not less than twelve nor 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 representatives 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 all 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 Senate 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 satisfy1[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 withdraw2 [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 Statutes and Regulations made thereunder, so far as they are contrary to or inconsistent with any of the terms of this 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.

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