LexaceLexace Ask the AI ›
⚖️ Ask the AI about your situation:🚗 Car Accident💼 Work / Job🏠 Housing / Eviction👪 Family / Divorce📋 Contract Dispute💰 Money Owed

The West Bengal College Service Commission Act, 2012

West Bengal · state statute
Open in Lexace · Ask the AI about this act
Registered No. WB/SC-247 	 No. WB(Part-11)/2012/SAR-40 
 
Ohs 
 
110-Ikea 6axette 
Extraordinary 
Published by Authority 
AGRAHAYANA 	
THURSDAY, NOVEMBER 29, 2012 	 [SAKA 1934 
PART III—Act of the West Bengal Legislature. 
GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
NO I thiCATION 
No. 1755-L.— 29th November, 2012.—The following Act of the West Bengal Legislature, having been assented to 
by the Governor, is hereby published for general information:— 
West Bengal Act XXIX of 2012 
Short title, extent 
and commence-
ment. 
THE WEST BENGAL COLLEGE SERVICE COMMISSION 
ACT, 2012. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Kolkata Gazette, 
Extraordinary, of the 29th November, 2012.] 
An Act to provide for reformation of functions, management and control of College 
Service Commission, West Bengal, and for matters connected therewith and incidental 
thereto. 
WHEREAS it is expedient to provide for reformatin of functions, management and 
control of College Service Commission, West Bengal, and for matters connected 
therewith and incidental thereto; 
It is hereby enacted in the Sixty-third Year of the Republic of India, by the 
Legislature of West Bengal, as follows:— 
CHAPTER I 
Preliminary 
1. (1) This Act may be called the West Bengal College Service Commission 
Act, 2012. 
2 	 THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 	 [PART III 
The West Bengal College Service Commission 
Act, 2012. 
(Chapter 1.—Preliminary.—.Section 2.) 
(2) It shall extend to the whole of the State of West Bengal. 
(3) This Act shall come into force at once, except the provisions of Chapter IV 
of this Act which shall come into effect on such date as the State Government may, 
by notification, in the Official Gazette, appoint. 
Definitions. 2. In this Act, unless the context otherwise requires,— 
(1) the "Act" means the West Bengal College Service Commission 
Act, 2012; 
(2) "Administrator" means an Administrator of a College as may be appointed 
by the State Governmnet; 
(3) "Approved Part Time Teacher" means a part time teacher of a college 
who has been declared as such and whose service has been approved 
by the State Government, by order; 
(4) "Approved Whole Time Contractual Teacher" means a teacher who has 
been declared as such and whose service has been approved by the State 
Government as such; 
(5) "Chairperson" means the Chairperson of the Commission as may be 
appointed by the State Government by notification published in the 
Official Gazette; 
(6) "Chancellor" means the Chancellor of the University; 
(7) "College" means an educational institution affiliated to a University 
established under any State Act where Bachelors or Masters Degrees 
are provided in any branch of study; 
(8) "Commission" means the West Bengal College Service Commission 
established under sub-section (1) of section 3 of the West Bengal west Ben. Act 
College Service Commission Act, 1978; 	 LXII of 1978. 
(9) "constituent college" means a College recognized as such by a University 
but does not include a Government College; 
(10) "employee of the commission" means an employee of the commission 
other than a Member or the Chairperson, as the case may be, appointed 
by the State Government; 
(11) "Governing Body" means the Governing Body of a College and includes 
any managing committee or any other committee which is in charge 
of the administration and functions of the College, as may be approved 
by the State Government and also includes an Administrator; 
(12) "Government aided College" means a College which is under the pay 
packet schemes of the State Government and includes such other 
College which is in receiving either of periodical grants in any form 
or of land or subsidized lease land or of any other assistance from the 
State Government in any form and also includes Government Sponsored 
Colleges and Constituent Colleges; 
(13) "Government College" means a College absolutely administered and 
maintained by the State Government; 
(14) "Government Sponsored College" means a College, declared by the 
State Government as such; 
(15) "Governor" means the Governor of the State of West Bengal; 
PART II] 	 THE KOLKATA GA7E1 LE, EXTRAORDINARY, NOVEMBER 29, 2012 	 3 
The West Bengal College Service Commission 
Act, 2012. 
(Chapter 1.—Preliminary.—Section 2.) 
(16) "Librarian" means a Librarian of a College; 
(17) "Member" means a member of the Commission except the Secretary; 
(18) "Minority College" means a College run and administered by a minority 
community, whether based on religion or language, as the case may 
be, as may be declared and approved by Government; 
(19) "National Eligibility Test" means an eligibility test held by University 
Grants Commission; 
(20) "Non-teaching employee" means an employee of a College or University 
by whatever name called, other than Teacher of a College or of 
University or Librarian; 
(21) "notification" means a notification published in the Official Gazette; 
(22) "prescribed" means prescribed by rules made under this Act; 
(23) "Principal" means the Principal of a College as may be appointed on 
recommendation of the Commission and includes a Teacher-in-charge 
or an Administrator, as the case may be, for the purpose of this Act; 
(24) "private college" means the College which is run and administered by 
a private body and not receiving any grants from the State Government; 
(25) "Private University" means a University established, run and administered 
by a private organization as recognized by the State Government; 
(26) "regulation" means a regulation made under this Act by the Commission 
with prior approval of the State Government; 
(27) "rules" means rules framed under this Act by the State Government; 
(28) "Secretary" means the Secretary of the Commission as may be appointed 
by the State Government; 
(29) "State Aided University" means a University receiving financial or 
other grants from the State Government; 
(30) "State Eligibility Test" means a eligibility test for Assistant Professor-
ship and Librarianship conducted by the Commission; 
(31) "State Government" means the State Government of West Bengal in 
the Department of Higher Education; 
(32) "Teacher of a College" means an Assistant Professor, Associate Professor 
or Professor, as may be declared by the State Government and includes 
a Lecturer or a Reader for the purpose of this Act; 
(33) "Teacher of University" means an Assistant Professor, Associate 
Professor, Professor and such other persons, as the case may be, 
holding a teaching post in such University as may be determined by 
the University with prior approval of the State Government; 
(34) "University" means an educational institution in which instruction is 
provided for a course of study leading to a Bachelors, Masters or 
Doctoral degree in any field of study and duly constituted or established 
by an Act as under:— 
(i) the Bengal Engineering and Science University, Shibpur Act, West Ben. Act 
2004; 	 XIII of 2004. 
(ii) the Burdwan University Act, 1981; West Ben. Act 
XXIII of 1981. 
4 	 THE KOLKATA GAZEIIE, EXTRAORDINARY, NOVEMBER 29, 2012 	 [PART HI 
The West Bengal College Service Commission 
Act, 2012. 
(Chapter 11.—Reformation of the Commission, its Chairperson, Members and 
their Qualification, Age, Removal etc.—Section 3.) 
(iii) the Calcutta University Act, 1979; 
(iv) the Gour Banga University Act, 2007; 
(v) the Jadavpur University Act, 1981; 
(vi) the Kalyani University Act, 1981; 
(vii) the Netaji Subhash Open University Act, 1997; 
(viii) the North Bengal University Act, 1981; 
(ix) the Presidency University Act, 2010; 
(x) the Rabindra Bharati University Act, 1981; 
(xi) the Sidho Kanho Birsha University Act, 2010; 
(xii) the Vidyasagar University Act, 1981; 
(xiii) the West Bengal State University (Barasat, North 24-Parganas) 
Act, 2007; 
(xiv) the West Bengal University of Technology Act, 2000; 
and also includes such other University and such Private University 
established under any Act by the State Legislature, for the time being 
in force. 
CHAPTER II 
Reformation of the Commission, its Chairperson, Members and their 
Qualification, Age, Removal etc. 
West Ben. Act 
XXXVIII of 
1979. 
West Ben. Act 
XXVI of 2007. 
West Ben. Act 
XXIV of 1981. 
West Ben. Act 
XL of 1981. 
West Ben. Act 
XIX of 1997. 
West Ben. Act 
XXV of 1981. 
West Ben. Act 
XIII of 2010. 
West Ben. Act 
XXXV1 of 1981. 
West Ben. Act 
XII of 2010. 
West Ben. Act 
XVIII of 1981. 
West Ben. Act 
XXVIII of 2007. 
West Ben. Act 
XV of 2000. 
The Commission 
and its 
Chairperson and 
Members. 
3. (1) The Chairman of the Commission appointed under sub-section (1) of 
section 3 of the West Bengal College Service Commission Act, 1978, shall be re- West Ben. Act. 
designated as Chairperson of the Commission under this Act and shall continue to LXII of 1978. 
hold his office as Chairperson, subject to provisions of sub-section (6) of this section 
or till he has been removed from, or has vacated, his office. 
(2) Subsequent Chairperson shall be appointed as per provisions of this Act. 
(3) The Commission shall be a body corporate and shall be entitled to sue or 
be sued in its own name. 
(4) The Commission shall consist of not more than sixteen Members excluding 
the Secretary and the Chairperson. 
(5) The Chairperson and other Members shall be appointed by the State Government 
in consultation with the Chancellor of the Universities referred to in clause (34) of 
section 2 of this Act. 
(6) The Chairperson shall be a whole-time officer of the Commission and shall 
hold office for a period of four years or till he attains the age of sixty-four years, 
whichever is earlier: 
Provided that the Chairperson shall be eligible for reappointment for only the 
second term or till he attains the age of sixty-four years, whichever is earlier. 
THE KOLKATA GAZEI 1E, EXTRAORDINARY, NOVEMBER 29, 2012 	 5 PART III] 
The West Bengal College Service Commission 
Act, 2012. 
(Chapter IL—Reformation of the Commission, its Chairperson, Members and 
their Qualification, Age, Removal etc.—Section 4.) 
(7) The other Members of the Commission shall be honorary part-time Members 
and shall hold office for a period of four years or till they attain the age of seventy 
years, whichever is earlier: 
Provided that the Members shall also be eligible for reappointment for only the 
second term or till they attain the age of seventy years, whichever is earlier. 
Qualification and 
removal of the 
Chairperson and 
other Members 
of the 
Commission. 
4. (1) Subject to the provisions of this Act, a person shall be appointed as 
Chairperson if he is or has,— 
(a) attained the age of forty-five years or above; 
been a person having no infirmity of body or mind; 
not been guilty of misconduct involving moral turpitude; 
not been an undischarged insolvent; 
been a person, in the opinion of State Government, of highest level 
of competence, integrity, morals and institutional commitment; 
at least been an Associate Professor for five years along with— 
(i) ten years teaching experience in a University; or 
(ii) fifteen years teaching experience in a Government aided College 
or in a Government College; or 
(iii) fifteen years combined teaching experience in a Government 
aided College or in a Government College or in a University taken 
together. 
(2) The other Members of the Commission shall be appointed by the State 
Government from amongst the retired persons who shall also be at least an Associate 
Professor for five years along with— 
(i) ten years teaching experience in a University; or 
(ii) fifteen years teaching experience in a Government aided College or in 
a Government College; or 
(iii) fifteen years combined teaching experience in a Government aided 
College or in a Government College or in a University taken together. 
(3) Provisions of clauses (a), (b), (c), (d) and (e) of sub-section (1) of this section 
shall also apply in case of appointment of all other Members of the Commission except 
as provided under section 5 of this Act. 
(4) The Chairperson or any other Members of the Commission may resign from 
their office by writing under their hands addressed to the State Government, but they 
shall continue in the office until their resignation is accepted by the State Government. 
(5) If the office of the Chairperson falls vacant due to any other reasons, the 
functions of the Commission shall be conducted by some other person appointed by 
the State Government in this behalf, from amongst other Members of the Commission, 
except the Member Secretary, in consultation with the Chancellor, for a period, till 
the Chairperson resumes his office or some other person is appointed as Chairperson. 
(6) The terms and conditions of service including the salary and other allowance 
of the Chairperson and other Members shall be such as may be prescribed by the 
State Government. 
(b) 
(0) 
(d)  
(e)  
(0 
6 	 THE KOLKATA GAZEllE, EXTRAORDINARY, NOVEMBER 29, 2012 	 [PART III 
The West Bengal College Service Commission 
Act, 2012. 
(Chapter 11.—Reformation of the Commission, its Chairperson, Members and 
their Qualification, Age, Removal etc.—Section 5.) 
(7) The Chairperson or any other Member of the Commission shall be removed 
from his office by the State Governement if it satisfies, after due enquiry to be made 
for this purpose and in such manner as may be prescribed in this behalf, that the 
incumbent concern,— 
(i) has become insane and adjudged by a competent court to be of 
unsound mind; or 
(ii) has become an undischarged insolvent declared by a competent Court; 
Or 
(iii) has been physically unfit and incapable of discharging function due 
to protracted illness or physical disability; or 
(iv) has wilfully omitted or refused to carry out the provisions of this 
Act or has committed breach of any of the terms and conditions of 
the service as may be prescribed or has abused or misused the powers 
vested in him or if the continuance in the office of the Chairperson 
or other Members is detrimental to the interest of the Commission; 
or 
(v) has failed to attend three consecutive meetings of the Commission 
without assigning any valid and satisfactory reasons; or 
(vi) has been proved to be guilty of criminal breach of trust or gross 
financial irregularity or impropriety or gross negligence of duty; or 
(vii) has shown incompetence to perform or has persistently defaulted in 
the performance of the duties imposed on him by or under this Act; 
Or 
(viii) has been convicted by a court for any offence within the concept and 
meaning of the Code of Criminal Procedure, 1973; or 
(ix) is a member of, or otherwise associated with, any political party or 
acts in any partisan manner while in office. 
Explanation—For the purpose of this clause, whether any party is a political party 
or any association is a political association or any act of the Chairperson or any other 
Member is partisan, decision of the State Government thereon shall be final: 
Provided that the Chairperson or any other Member shall be given a reasonable 
opportunity of being heard by the Chancellor before his removal under clauses (iv), 
(v), (vi), (vii), (viii) and (ix). 
2 of 1974. 
Employees of 
the Commission 
5. (1) There shall be a Secretary of the Commission who shall be appointed 
by the State Government from amongst the persons holding a post not below the 
rank of the Deputy Secretary in the Administrative or Legal Service of the State 
Government. 
(2) The Secretary of the Commission shall be an ex officio Member and be 
designated as the Member Secretary of the Commission. He shall be in chage of the 
administration of the Commission and shall assist the Chairperson in carrying out 
the business and function of the Commission. 
(3) Other Officers and Employees of the Commission shall be appointed by the 
State Government in such manner as may be prescribed by the State Government. 
PART FR] 	
THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 	 7 
The West Bengal College Service Commission 
Act, 2012. 
(Chapter Hi—Powers and Functions of the Commission 
and its Zones.—Sections 6-8.) 
CHAPTER III 
Powers and Functions of the Commission and its Zones 
Zones of the 
Commission. 6. (1) There shall be eight zones of the Commission consisting of following: 
Burdwan University zone, 
Calcutta University zone, 
Gour Banga University zone, 
Kalyani University zone, 
North Bengal University zone, 
Sidho Kanho Birsha University zone, 
Vidyasagar University zone, 
West Bengal State University (Barasat, North 24-Parganas) zone: 
Appointment of 
Principals, 
Assistant 
Professor and 
Librarians of 
Government 
aided Colleges in 
West Bengal. 
Manner of 
selection of 
Principals, 
Assistant 
Professors and 
Librarians. 
Provided that there may be further zone or zones of the Commission as may be 
notified by the State Government from time to time. 
(2) The jurisdictional limit of every zone of the Commission may be determined 
by the State Government in consultation with the Commission, by order. 
7. (1) Notwithstanding anything contained in any other law for the time being 
in force or any contract, customs or usage to the contrary, it shall be the duty of 
the Commission to select persons and to recommend for appointment to the post of 
Principals, Assistant Professors and Librarians of Government aided Colleges in West 
Bengal. 
(2) The Members of the Commission shall render necesary advice to the Chairperson 
in preparing a panel of eligible candidates seeking appointments to the post of Principals 
in various Government aided Colleges in the State, in such manner as may be provided 
by regulations. 
(3) The Members of the Commission shall assist the Chairperson in the selection 
process of candidates for State wide empanelment of Assistant Professors and Librarians 
in various Governments aided Colleges in the State, in such manner as may be provided 
for by regulations. 
(4) For the purpose of recommendation of eligible candidates in each post under this 
Act, the Commission shall follow a counselling process as may be provided by regulations. 
8. (1) The manner of selection of persons for appointment to the post of 
Principals, Assistant Professors and Librarians in various Government aided Colleges 
shall be such as may be provided for by regulations. 
(2) The conditions regarding eligibility for selection of persons to the post of 
Principals, Assistant Professors and Librarians in various Government aided Colleges 
shall be such as may be prescribed by the State Government. 
(3) For selection of persons for appointment to the post of principals in various 
Government aided Colleges in West Bengal, the Commission shall be aided by the 
following experts,— 
(i) the Chancellor's nominee, not below the rank of a Professor of a 
University; and 
8 	
THE KOLKATA GAZELLE, EXTRAORDINARY, NOVEMBER 29, 2012 	 [PART III 
The West Bengal College Service Commission 
Act, 2012. 
(Chapter Ill.—Powers and Functions of the Commission 
and its Zones.—Sections 9, 10.) 
(ii) not less than two Vice-Chancellors of different Universities or their 
nominees, not below the rank of a Professor of a University: 
Provided that where all the posts of Principals in Government aided Colleges 
intended for appointment fall under the jurisdiction of a single University, the 
Commission shall be aided by the Vice-Chancellor or his nominee not below the rank 
of a Professor, of that University and any other Vice-Chancellor or his nominee not 
below the rank of a Professor of any other University as may be provided for by 
regulations. 
(4) For selection of persons for appointment to the post of Assistant Professors 
and Librarians in various Government aided Colleges, the Commission shall constitute 
a panel of experts having special knowledge on the subject for which such selection 
.is to be made. 
(5) In the panel constituted under sub-section (4), there shall be one nominee, 
not below the rank of a Professor from each University to which such Colleges are 
affiliated and shall include one expert not below the rank of a Professor representing 
all the Universities as the nominee of the Chancellor. The Commission may, in its 
discretion, appoint one expert not below the rank of a University Professor as its 
nominee in the said panel. 
(6) The quorum for a panel shall be such as provided for by regulations. 
(7) In every selection of candidates in any post, the Commission should satisfy 
itself before advertising such post that relevant reservation policy and rules of the 
State Government in this respect have been duly complied with. 
(8) The State Government may, by notification in the Official Gazette, provide 
suitable provisions for relaxation of age for certain categories of candidates for the 
purpose of appearing in the selection process of Assistant Professors and Librarians. 
Procedure for 
conduct of 
business of the 
Commission. 
Effect of 
recommendation 
of the 
Commission. 
9. (1) Procedure for conduct of business of the Commission shall be such as 
may be provided by regulations. 
(2) The State Government may give directions to the Commission in conducting 
their business not repugnant with the provisions of this Act. 
10. (1) Notwithstanding anything contained in any other law for the time being 
in force or in any contract, customs or usages to the contrary, appointments to the 
posts of Principals, Assistant Professors and Librarians of the Government aided 
Colleges in West Bengal shall be made on recommendation of the Commission: 
Provided that if in a College referred to in this section, no student is admitted 
in a particular subject for two consecutive academic sessions, the Commission may, 
with prior approval of the State Government, re-recommend such Assistant Professor 
of such subject to another College having such post in same subject where such 
students are available. 
(2) Recommendation of the Commission shall not be required in respect to any 
appointment on part-time basis or contractual basis unless otherwise provided under 
this Act. 
PART nil 	 THE KOLKATA GAZE 1 b, EXTRAORDINARY, NOVEMBER 29, 2012 	 9 
The West Bengal College Service Commission 
Act, 2012. 
(Chapter III—Powers and Functions of the Commission and its Zones—Sections 
II, 12.—Chapter IV.—Provisions regarding appointment of Non-teaching 
employees of Government Aided Colleges in West Bengal—Sections 13, 14.) 
Protection of 
service of 
Principals, 
Assistant 
Professors, 
Librarians etc. 
Power to call for 
records etc. 
11. Notwithstanding anything contained elsewhere in this Act, the terms and 
conditions of service of Principals, Assistant Professors or Librarians of a College 
immediately before the commencement of this Act, shall not be varied to the extent 
of disadvantage of such Principals, Assistant Professors or Librarians, as the case may 
be, in so far as such terms and conditions are related to the appointment to such posts 
held by them immediately before the commencement of this Act. 
12. The Commission may call for any records, reports or other information from 
any college, Government College or from any University, if in its opinion, such 
records, reports or other information is necessary for efficient discharge of its 
functions and in such cases, the College or the University shall furnish such records, 
reports or other information to the Commission, as the case may be. 
CHAPTER IV 
Provisions regarding appointment of Non-teaching employees 
of Government Aided Colleges in West Bengal. 
Appointment of 
Non-teaching 
employees of 
Government 
Aided Colleges. 
Manner of 
selection of Non-
teaching 
employees. 
13. (1) Notwithstanding anything contained in any other law for the time being 
in force or any contract, customs or usage to the contrary, it shall be the duty of 
the Commission to select persons and to recommend for appointment to the post of 
Non-teaching employees of Government aided Colleges in West Bengal. 
(2) The members of the Commission shall render necessary advice to the Chairperson 
in preparing panels of selected candidates for appointment to the post of Non-teaching 
employees in various Government aided Colleges in such a manner as may be provided 
by regulations. 
(3) There shall be a separate panel of selected candidates for each category of 
post for each zone. 
(4) For selection of persons for appointment to the post of Non-teaching employees 
in various Government aided Colleges, the Commission shall prepare separate panel 
of experts which may include the Chairperson himself and such other Members of 
the Commission as may be provided for by regulations. 
14. (1) The manner of selection of persons for appointment to the post of Non-
teaching employees in various Government aided Colleges shall be such as may be 
provided by regulations. 
(2) The conditions regarding eligibility for selection of persons to the post of 
Non-teaching employees in various Government aided Colleges shall be such as may 
be prescribed by rules. 
(3) In selection of persons for appointment to the post of Non-teaching employees, 
the Commission shall take steps requisitioning names of eligible candidates from each 
and respective District Employment Exchange along with wide publication of 
advertisement in the newspapers having circulation throughout the State of West 
Bengal. 
10 	 THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 29, 2012 	 [PART III 
The West Bengal College Service Commission 
Act, 2012. 
(Chapter IV.—Provisions regarding appointment of Non-teaching employees of 
Government Aided Colleges in West Bengal.—Section 15.—Chapter V.— 
Provisions regarding State Eligibility Test—Section 16.—Chapter VL—Funds, 
Accounts, Audit and Inspection of the Commission—Section 17.) 
Effect of 
recommendation 
of the 
Commission. 
15. (1) Notwithstanding anything contained in any other law for the time being 
in force or in any contract, customs or usages to the contrary, appointments to all 
non-teaching employees of the Government aided Colleges in West Bengal shall be 
made on recommendation of the Commission. 
(2) Notwithstanding further anything contained elsewhere in this Act, the terms 
and conditions of service of Non-teaching employees of a Government aided College 
immediately before the commencement of this Act, shall not be varied to the extent 
of disadvantage of such employees, in so far as such terms and conditions are related 
to the appointment to such posts held by them immediately before the commencement 
of this Act. 
CHAPTER V 
Provisions regarding State Eligibility Test 
State Eligibility 
Test. 16. (1) Notwithstanding anything contained elsewhere in this Act or in any 
other law for the time being in force, or in any contract, customs or usages to the 
contrary, it shall be the duty of the Commission to hold and conduct an Eligibility 
test at the State level in Arts, Sciences, Social Sciences, Commerce, Education, 
Physical Education, Foreign Languages, Law, Journalism and Mass Communications 
and Music and such other subject or subjects as may be prescribed in consultation 
with the Commission. 
(2) Necessary qualification for participating in State Eligibility Test shall be 
provided, with prior approval of the State Government, by regulations. The standard 
of such eligibility test shall be at par with the standard of Eligibility test at National 
level held by the University Grants Commission. 
(3) The manner and procedure of such Eligibility test shall be provided for by 
the Commission by regulations. 
(4) The successful completion of State Eligibility Test shall be an equal qualification 
of National Eligibility Test as prescribed by the University Grants Commission. 
Explanation.—"University Grants Commission" shall mean for the purpose of this 
Act, the University Grants Commission established under section 4 of the University 3 of 1956. 
Grants Commission Act, 1956. 
CHAPTER VI 
Funds, Accounts, Audit and Inspection of the Commission 
Funds and 
budgets of 
Commission. 
17. (1) There shall be funds of the Commission to be maintained by the 
Commission to which shall be credited all its income from fees, fines, grants from 
State Government and from any other sources and any other income whatsoever 
approved by the State Government. 
(2) The budget of the Commission showing the income and expenditure of the 
Commission on various heads of account for a financial year shall be submitted to 
the State Government for approval at least two months from the beginning of every 
financial year in such form as may be prescribed. 
PART III] 	
THE KOLKATA GAZE! Ih, EXTRAORDINARY, NOVEMBER 29, 2012 	 11 
The West Bengal College Service Commission 
Act, 2012. 
Accounts of 
Commission. 
Inspection of 
Commission. 
Members etc. of 
the Commission 
are Public 
Servants. 
Report of  
Commission. 
Validation of 
proceedings of 
Commission. 
Act not to apply 
in certain 
Colleges or 
Universities. 
Power to make 
rules. 
(Chapter VI.—Funds,Accounts, Audit and Inspection of the Commission.— 
Sections 18, 19.—Chapter VIL—Miscellaneous.—Sections 20-24.) 
(3) The State Government shall, within fifteen days of commencement of every 
financial year to which the budget is related, communicate its approval or otherwise 
of the budget to the Commission. 
(4) The State Government shall release grants to the Commission to incur its 
capital and revenue expenditure. 
(5) The rules regarding utilization of funds shall be such as may be prescribed 
by the State Government. 
(6) Other financial transactions of the Commission shall be such as may be 
provided for by regulations. 
18. (1) The Commission shall maintain proper records of accounts which shall 
be duly audited internally by a qualified State Government empanelled Chartered 
Accountant as defined under clause (b) of section 2 of the Chartered Accountant Act, 
1949, in the manner as may be provided for by regulations and shall submit such 
accounts before the State Government annually within six months of the following 
Financial Year. 
(2) The State Government may cause audit of the transactions, books and accounts 
of the Commission as and when necessary, in such manner as may be prescribed. 
19. The State Government may cause inspection as to the affairs of the Commission 
including its administrative and financial activities as and when the State Government 
consider it necessary. 
CHAPTER VII 
Miscellaneous 
20. The Chairperson, the other Members and such other persons as may be 
appointed under this Act, shall, while acting or purporting to act under this Act, be 
deemed to be public servant within the meaning of section 21 of the Indian Penal 
Code, 1860. 
21. It shall be the duty of the Commission to present annually to the State 
Government, within 31st August of every year a report on the work done by the 
Commission and on receipt of such report the State Government shall cause a copy 
thereof to be laid down before the State Legislature. 
22. The proceedings of the Commission shall not be invalidated by reasons of 
any vacancy in the office of the Chairperson or other Members. 
23. The provisions of this Act shall not apply in relation to any College or 
Unversity not receiving any aid from the State Government or any College or 
University established and administered by a minority, whether based on religion or 
language: 
Provided that any such Colleges or Universities referred to in this section may 
apply to the State Government to come under the provisions of this Act voluntarily 
and in such cases such College or University shall not be permitted to withdraw 
therefrom. 
24. (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 be provided for all or any of the following matters, namely,—
(i) the manner in which an inquiry is to be made for removal of the 
Chairperson or any other Member of the Commission; 
38 of 1949. 
45 of 1860. 
12 	 THE KOLKATA GAZE1 1E, EXTRAORDINARY, NOVEMBER 29, 2012 	 [PART III 
The West Bengal College Service Commission 
Act, 2012. 
(Chapter VIL—Miscellaneous.—Sections 25-27.) 
(ii) the terms and conditions of service of the Secretary of the Commission; 
(iii) the manner of regulating service conditions of the employees of the 
Commission; 
(iv) any other matter, which may be, or is required to be, for the purpose 
of this Act, as may be prescribed. 
(3) All rules made under this Act shall be laid before the State Legislature for 
not less than fourteen days as soon as they are made and shall be subject to such 
modification, if any, whether by way of repeal or amendment, as the State Legislature 
may make during the session in which they are laid or the session immediately 
following. 
Power to make 
regulations. 
Power to remove 
difficulties. 
Repeal and 
Savings. 
25. (1) The Commission may, with prior approval of the State Government, 
make regulations, not inconsistent with the provisions of this Act or the rules made 
thereunder in discharging its functions 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:— 
(i) the manner of selection of persons for appointment to the post of 
Principals, Assistant Professors, Librarians and Non-teaching employees 
of Government aided Colleges; 
(ii) the procedure for conduct of business of the Commission; 
(iii) the manner of holding State Eligibility Test. 
26. If any difficulty arises in giving effect to any of the provisions of this Act, 
the State Government may as occasion so arises, by order, do anything which appears 
to be necessary for the prupose of removing the difficulty. 
27. (1) The West Bengal College Service Commission Act, 1978 is hereby West Ben. Act 
repealed. 	 LXII of 1978. 
(2) Subject to such repeal, the Commission, its Chairman and all other Members 
as constituted and appointed under the West Bengal College Service Commission Act, 
1978 shall continue to act unless otherwise provided under this Act. 
(3) Anything done or intended to be done by the Commission immediately before 
coming into operation of this Act, and in pursuance of the West Bengal College 
Service Commission Act, 1978 and any rules, regulations or Orders made thereunder, 
shall unless repugnant to the provisions of this Act, continue to be valid unless 
otherwise provided under this Act. 
(4) All moneys and other properties and all rights and interests of whatever kind, 
owned by, vested in, used, enjoyed or possessed by, or held in trust by or for, the 
Commission constituted under the West Bengal College Service Commission Act, 
1978, and as well as all liabilities legally subsisting against the Commission under 
the said Act shall continue with the Commission unless otherwise provided under 
this Act. 
By order of the Governor, 
MALAY MARUT BANERJEE, 
Secy. to the Govt of West Bengal, 
Law Department. 
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd. 
(Government of West Bengal Enterprise), Kolkata 700 056. 

‹ Prev All West Bengal acts Next ›