The West Bengal College Service Commission Act, 1978

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act LXII of 1978 
THE WEST BENGAL COLLEGE SERVICE COMMISSION 
ACT, 1978. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette, Extraordinary, of the 23rd February, 1979.] 
[23rd February, 1979.] 
An Act to provide for the constitution of a College Service 
Commission in West Bengal and for matters connected therewith 
or incidental thereto. 
WHEREAS it is expedient to provide for the constitution of a 
College Service Commission in West Bengal and for matters 
connected therewith or incidental thereto; 
It is hereby enacted in the Twenty-ninth Year of the Republic 
of India, by the Legislature of West Bengal, as follows:- 
1. This Act may be called the West Bengal College Service Short title. 
Commission Act, 1978. 
2. In this Act, unless the context otherwise requires,— 
(a) "Chairman" means the Chairman of the Commission ; 
(b) "Chancellor" means the Chancellor of a University ; 
(c) "college" means a college or an instituion affiliated to a 
University in accordance with the provisions of the Act 
constituting or establishing, as the case may be, such 
University or the Statutes made thereunder and includes 
a constituent college or a Government Sponsored College 
but does not include a Government College or a Medical 
College; 
(d) "Commission" means the West Bengal College Service 
Commission constituted under section 3; 
(e) "constituent college" means a college recognised as such 
by a University but does not include a Government 
College; 
Definitions. 
267 
The West Bengal College Service Commission Act, 1978. 
[West Ben. Act 
(Section 2.) 
(f) "Government College" means a college maintained and 
managed by the State Government; 
(g) "Government Sponsored College" means a college 
declared by the State Government as such; 
(h) "Governor" means the Governor of the State of West 
Bengal; 
(i) "Medical College" means a college in which instruction 
is provided primarily for courses of study leading to any 
degree, diploma or certificate of a University in medicine 
and which is recognised as such under any enactment in 
force for the time being; 
(j) "member" means a member of the Commission and 
includes the Chairman; 
(k) "notification" means a notification published in the 
Official Gazette ; 
(1) "prescribed" means prescribed by rules made under this 
Act; 
(m) "Principal" means the head of a college by whatever 
name called; 
(n) "regulations" means regulations made under section 17; 
(o) "Secretary" means the Secretary of the Commission; 
(p) "Teacher" means a Professor, Assistant Professor, 
Lecturer, Tutor, Demonstrator, Physical Instructor or 
any other person holding a teaching post of a college 
recognised by the University to which such college is 
affiliated and appointed as such by such college and 
includes its Principal and Vice-Principal; 
(q) "University" means any of the Universities constituted 
or established, as the case may be, under— 
(i) the Jadavpur University Act, 1955, 
(ii) the Burdwan University Act, 1959, 
(iii) the Kalyani University Act, 1960, 
West Ben. 
Act xxxiii 
of 1955. 
West Ben. 
Act XXIX 
of 1959. 
West Ben. 
Act XIII 
of 1960. 
268 
The West Bengal College Service Comnzission Act, 1978. 
LXII of 1978.] 
West Ben. 
Act XXVII 
of 1961. 
West Ben. 
Act XXIX 
of 1961. 
West Ben. 
Act II 
of 1966. 
West Ben. 
Act XLIX 
of 1974. 
(Sections 3,4.) 
(iv) the North Bengal University Act, 1961, 
(v) the Rabindra Bharati Act, 1961, 
(vi) the Calcutta University Act, 1966, and 
(vii) the Bidhan Chandra Krishi Viswa Vidyalaya Act, 
1974. 
Constitution 
of the 
Commission. 
3. (1) The State Government shall, with effect from such date 
as it may, by notification, appoint, constitute a Commission by the 
name of the West Bengal College Service Commission consisting 
of five members of whom one shall be the Chairman. 
(2) Of the members one shall be a person who, not being an 
educationist, occupies or has occupied, in the opinion of the State 
Government, a position of eminence in public life or in Judicial or 
Administrative Service and the others shall have teaching experience 
either as a Professor of a University or as a Principal for a period 
of not less than ten years, or as a teacher, other than Principal of 
a College, for a period of not less than fifteen years. 
4. (1) The Chairman and other members shall be appointed by 
the State Government in consultation with the Chancellor of the 
Universities referred to in clause (q) of section 2. They shall be 
wholetime members and shall hold office for a term of four yours : 
Provided that a person who has held office as Chairman or 
other member shall, on the expiration of his term of office, be 
eligible for further appointment as Chairman or other member: 
Provided further that no person who has attained the age of 
sixty-two years shall be eligible to hold office in any capacity, 
whether as Chairman or other member. 
(2) No person who has held office as Chairman or other member 
till his attaining the age of sixty-two years shall be eligible for any 
appointment in a University or a college except for appointment as 
Vice-Chancellor or Pro-Vice-Chancellor of a University. 
(3) If the office of the Chairman or any other member becomes 
vacant by resignation or otherwise or if the Chairman is by reason 
Appointment 
and terms and 
conditions of 
service of 
members. 
269 
The West Bengal College Service Commission Act, 1978. 
[West Ben. Act 
(Sections 5-7.) 
Removal 
of member. 
Staff of the 
Commission. 
Functions of the 
Commission. 
of absence or for any other reason unable to perform the duties of 
his office, those duties shall, until some person appointed under 
sub-section (1) to the vacant office has entered on the duties thereof 
or, as the case may be, until the Chairman has resumed his duties, 
be performed by such one of the other members as the State 
Government may, in consultation with the Chancellor of the 
Universities referred to in clause (q) of section 2, appoint for the 
purpose. 
(4) The Chairman or any other member may resign his office by 
writing under his hand addressed to the State Government, but he 
shall continue in office until his resignation is accepted by the State 
Government. 
(5) The salary of the Chairman and other members shall be such 
as may be determined by the State Government and the other terms 
and conditions of service shall be such as may be prescribed. 
5. The State Government may, after making inquiry in such 
manner as may he prescribed, remove the Chairman or any other 
member from his office on any of the following grounds, namely :— 
(a) misconduct involving moral turpitude, 
(b) insolvency, or 
(c) infirmity of body or mind. 
6. (1) The staff of the Commission shall consist of— 
(a) a Secretary who shall be appointed by the State 
Government, and 
(b) such other employees as the Commission may, with the 
previous approval of the State Government, appoint 
from time to time. 
(2) The salary of the Secretary and other employees of the 
Commission shall be such as may be determined by the State 
Government. 
(3) The other terms and conditions of service of the Secretary 
shall be such as may he prescribed and those of the other employees 
of the Commission shall be such as may be provided for by 
regulations. 
7. (1) Notwithstanding anything contained in any other law for 
the time being in force or in any contract, custom or usage to the 
270 
The West Bengal College Service Commission Act, 1978. 
LXII of 19781 
(Sections 8-10.) 
contrary, it shall be the duty of the Commission to select persons for 
appointment to the posts of Teachers of a College: 
Provided that— 
(i) for selection of persons for appointment to the 
posts of Teachers other than Principal, the 
Commission shall be aided by two persons having 
special knowledge on the subject for which such 
selection is to be made, of whom one shall be a 
nominee of the University to which such college is 
affiliated and the other shall be a nominee of the 
Chancellor of such University, 
(ii) for selection of person for appointment to the post 
of Principal, the Commission shall be aided by the 
Vice-Chancellor of the University to which such 
college is affiliated or his nominee and a nominee 
of the Chancellor of such University. 
(2) It shall also be the duty of the Commission to advise the 
Chancellor or the State Government on such matter as may he 
referred to it by either of them. 
8. (1) The manner of selection of persons for appointment to 
the posts of Teachers of a college shall be such as may be provided 
for by regulations. 
(2) The procedure for the conduct of business of the Commission 
shall be such as may be provided for by regulations. 
9. Notwithstanding anything contained in any other law for the 
time being in force or in any contract, custom or usage to the 
contrary, appointments to the posts of Teachers of a college shall be 
made on the recommendation of the Commission. 
10. Notwithstanding anything contained elsewhere in this Act, 
the terms and conditions of service of Teachers of a college in the 
employment of such college immediately before the commencement 
of this Act shall not be varied to the disadvantage of such Teachers 
in so far as such terms and conditions relate to the appointment of 
such Teachers to the posts held by them immediately before the 
commencement of this Act. 
Manner of selec-
tion of persons 
and procedure 
for the conduct 
of business of 
the Commi-
ssion. 
Effect of 
recommenda-
tion 
of the 
Commission. 
Protection of 
Teachers. 
271 
The West Bengal College Service Commission Act, 1978. 
[West Ben. Act 
(Sections 11-16.) 
11. The Commission may call for any record, report or other 
information from any college or University if, in its opinion, such 
record, report or other information is necessary for efficient discharge 
of its functions, and the college or the University, as the case may 
be, shall furnish such record, report or other information to the 
Commission. 
12. It shall be the duty of the Commission to present annually to 
the Governor a report as to the work done by the Commission and 
on receipt of such report the Governor shall cause a copy thereof to 
be laid before the State Legislature. 
13. The Chairman and other members and persons appointed 
under this Act shall, while acting or purporting to act under this 
Act, be deemed to be public servants within the meaning of section 
21 of the Indian Penal Code. 
Validation. 	 14. The proceedings of the Commission shall not be invalidated 
by reason of any vacancy in the office of the Chairman or any other 
member. 
15. Nothing contained in this Act shall apply in relation to any 
college not receiving any aid from the State Government or any 
college established and administered by a minority, whether based 
on religion or language. 
16. (1) The State Government may, by notification, make rules 
for carrying 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 service of the Chairman and 
other members of the Commission under sub-section (5) 
of section 4; 
(b) the manner in which an inquiry is to be made for 
removal of the Chairman or any other member of the 
Commission under section 5; 
(c) the terms and conditions of service of the Secretary of 
the Commission under sub-section (3) of section 6; 
(d) any other matter which may be, or is required to be, 
prescribed. 
Power to call 
for records, 
etc. 
Report of the 
Commission. 
Members, etc. 
to be public 
servants. 
Act not to 
apply in 
relation to 
certain 
colleges. 
Power to 
make rules. 
45 of 1860. 
272 
The West Bengal College Service Commission Act, 1978. 
LXII of 1978.] 
(Section 17.) 
17. (1) The Commission may, with the previous approval of the 
State Government, make regulations, not inconsistent with provisions 
of this Act or the rules made thereunder, for discharging its function 
under this Act. 
(2) In particular, and without prejudice to the generality of the 
foregoing power, such regulations may provide for all or any of the 
following matters, namely :— 
(a) the terms and conditions of service of the employees of 
the Commission under sub-section (3) of section 6 ; 
(b) the manner of selection of persons for appointment to 
the posts of Teachers of a college under sub-section (1) 
of section 8; 
(c) the procedure for the conduct of business of the 
Commission under sub-section (2) of section 8. 
Power to make 
regulations. 
273 

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