The West Bengal Colleges ( Payment Of Salaries ) Act, 1978

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XI of 1978 
THE WEST BENGAL COLLEGES (PAYMENT OF 
SALARIES) ACT, 1978. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta 
Gazette, Extraordinary, of the 28th March, 1978.] 
[28th March, 1978.] 
An Act to make provisions for regular payment of salary to persons 
employed in colleges in West Bengal and matters connected 
therewith. 
WHEREAS it is expedient to make provisions for regular payment 
of salary to persons employed in colleges in West Bengal and 
matters connected therewith; 
It is hereby enacted in the Twenty-ninth Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Colleges (Payment 
of Salaries) Act, 1978. 
(2) It extends to the whole of West Bengal. 
(3) It shall be deemed to have come into force on the 3rd day 
of February, 1978. 
(4) It shall apply to all colleges in West Bangal excepting 
Governthent colleges, Government-sponsored colleges and colleges 
administered by religious or linguistic minorities or under any trust 
and colleges which do not take any financial assistance from the 
State Government: 
Provided that the State Government may, if it, considers fit, 
exempt any college from the operation of this Act for such period 
as it may think necessary: 
Provided further that any college, other than a Government 
college or a Government-sponsored college exempted from the 
operation of this Act, may apply to the State Government for being 
Short title, 
extent 
commencement 
and applica-
tion. 
39 
The West Bengal Colleges (Payment of Salaries) Act, 1978. 
[West Ben. Act 
(Section 2.) 
Definitions. 
governed by the provisions of this Act and on consideration of such 
application the State Government may extend the provisions of this 
Act to such a college. 
2. In this Act, unless the context otherwise requires,— 
(a) "actual income" means the income actually realised by a 
college by way of tuition fees, fines and other charges 
and also includes grants excluding the amount received 
for capital expenditure from the University Grants 
Commission and other agencies and amounts received 
from endowments for specific purposes, contributions to 
students' union fund, caution-money deposits and other 
refundable fees and amounts appropriated towards rent 
charge, capital fund, provident fund and other statutory 
charges; 
(b) "assumed income" means the income realisable from the 
students of a college by way of tuition fees, fines and 
other charges and includes the amounts received as 
grants excluding the amounts received towards capital 
expenditure from the University Grants Commission and 
other agencies and amounts received from endowments 
for specific purposes and contributions to students' union 
fund, caution-money deposits and other refundable fees 
and amounts appropriated towards rent charge, capital 
fund, provident fund and other statutory charges; 
(c) "college" means a college or an institution affiliated to a 
University but does not include a Government college or 
a Government-sponsored college; 
(d) "Government college" means a college maintained and 
managed by the State Government; 
(e) "Government-sponsored college" means a college 
declared by the State Government as such; 
(fl "college authority", in relation to a college, means the 
Governing Body or Managing Committee or any other 
body, by whatever name it is called, charged with the 
40 
The West Bengal Colleges (Payment of Salaries) Act, 1978. 
XI of 1978.] 
(Section 3.) 
management of the affairs of the college and recognised 
as such by the University to which such college is 
affiliated; 
(g) "Principal" means the head of a college by whatever 
name called; 
(h) "salary" means the monthly emoluments payable to 
employees, teaching and non-teaching, of a college and 
includes such allowances as may be approved by the 
State Government from time to time; 
(i) "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; 
(iv) the North Bengal University Act, 1961; 
(v) the Rabindra Bharati Act, 1961; 
(vi) the Calcutta University Act, 1966; 
3. (1) With effect from the commencement of this Act the 
State Government shall assume the charge of full payment of 
salary to the employees, teaching, and non-teaching, of colleges 
governed by this Act. The State Government shall make periodic 
advances to college authorities for payment of salary regularly to 
the employees of such colleges. 
(2) The salary of the teaching and non-teaching employees 
of a college shall be paid according to scales approved by the State 
Government with respect to different posts: 
Provided that such scales for the employees shall not be 
West Ben. Act 
XXXIII of 
1955. 
West Ben. Act 
XXIX of 
1959. 
West Ben. Act 
XIII of 1960. 
West Ben. Act 
XXVII of 
1961. 
West Ben. Act 
XXIX of 
1961. 
West Ben. Act 
II of 1966 
Financial 
arrangement. 
41 
The West Bengal Colleges (Payment of Salaries) Act, 1978. 
(Section 4.) 
lower than the scales adopted by the State Government and in 
operation on the date of coming into force of this Act: 
Provided further that if there is any dispute about the nature 
of any post, the State Government shall determine the same and the 
decision thereon shall be final: 
Provided also that if any employee of a college has been in 
receipt of emoluments higher than what would have been fixed 
according to the scales and allowances approved by the State 
Government, he shall continue to enjoy the same emoluments 
unless the State Government, after consideration of his case, directs 
otherwise. 
[West Ben. Act 
Resrtiction on 
colleges. 
4. (1) No college shall incur any expenditure on capital account 
or transfer any movable or immovable property without the previous 
approval of the State Government. 
(2) A college authority shall not allow free-studentship beyond 
such limit as the State Government may, by order from time to 
time, fix in respect of that college. 
(3) No college shall, without the previous approval of the 
State Government, revise the rates of tuition fees and other fees and 
charges. 
(4) A college authority shall not allow, without the previous 
approval of the Direct of Public Instruction, West Bengal, or any 
officer authorised by him in this behalf, any reduction or remission 
of fees: 
Provided that the Principal of a college shall be competent 
to remit fines fixed for late payment of tuition and other fees. 
(5) It shall be the duty of a college authority to collect tuition 
fees, fines and other charges from each and every student on the roll 
of such college, except those who are granted free-studentship, and 
such fees as may have been fixed for students enjoying such benefit 
and to pay the State Government seventy-five per cent. of the 
assumed income. 
42 
XI of 1978.] 
The West Bengal Colleges (Payment of Salaries) Act, 1978. 
(Sections 5-7.) 
(6) A college authority shall, upon instructions by the State 
Government in this behalf, strike off the name of a student from the 
roll of such college if such student defaults in payment of tuition 
and other fees for such period as the State Government may 
determine. 
 
 
5. A college authority shall within fifteen days of the expiry of 
a month deposit with the State Government under appropriate head 
of account as may be specified by the State Government seventy-
five per cent. of the actual income of that month and may retain 
the balance for being spent on non-salary items of a recurring nature 
according to schedule of expenditure approved by the State 
Government. 
Deposits by 
colleges. 
6. (1) Notwithstanding anything contained in the preceding 
section, a college authority shall at the end of each quarter submit 
an account of the assumed and actual income during the preceding 
quarter and deposit with the State Government under the head of 
account as provided under section 5 such amount by which the 
actual amount deposited by the college authority under section 5 
falls short of seventy-five per cent. of the assumed income during 
the quarter within the following quarter. 
(2) The State Government shall on examination of the 
accounts have the right to fix the amounts that may be payable by 
the college under sub-section (1) and direct further deposit on that 
account within such time as it thinks proper. 
7. (1) Notwithstanding anything contained elsewhere in this 
Act, the State Government may, on the application of a college, 
permit such college to spend more than twenty-five per cent. of 
actual income on non-salary items of a recurring nature for such 
period and on such terms and conditions as the State Government 
may think fit. 
(2) When the State Government permits any college to spend 
more than twenty-five per cent. of actual income under sub-section 
(1), the liability of such college to pay or deposit under sections 4, 
5 and 6 shall be reduced to the extent by which the relaxation 
exceeds twenty-five per cent. 
Accounts and 
reimburse-
ment. 
Power of State 
Government 
to relax, and 
liability of 
colleges in 
such case. 
43 
The West Bengal Colleges (Payment of Salaries) Act, 1978. 
[West Ben. Act XI of 19781 
(Sections 8-13.) 
Appointment 
of Administra-
tor. 
Power to give 
direction. 
Removal of 
difficulty. 
Repeal and 
savings. 
8. (1) If any college authority fails to comply with the provisions -
of sub-section (1) or the direction under sub-section (2) of section 6 
the State Government may, by order published in the Official 
Gazette, supersede the college authority for a period, not exceeding 
one year at a time, and appoint an Administrator to discharge the 
functions of the college authority. 
(2) The State Government may, if it is satisfied that it is no 
longer necessary to retain the Administrator, cancel the appointment 
of the Administrator before the expiry of the period of supersession 
and make over the administration of the college to the college 
authority. 
9. Every college shall submit to the Director of Public Instruction, 
West Bengal, budget estimates for a year in advance by such date 
as may be specified by him. 
10. The provisions of this Act shall have effect notwithstanding 
anything to the contrary contained in any other law or in any 
instrument or in any custom or usage. 
11. The State Government may from time to time give such 
directions, not inconsistent with the provisions of this Act, to a 
college as may be necessary for carrying out the purposes of this 
Act. 
12. If any difficulty arises in giving effect to the provisions of 
this Act, the State Government may, by order not inconsistent with 
the provisions of this Act, remove that difficulty. 
13. (1) The West Bengal Colleges (Payment of Salaries) West Ben. Ord. 
VIII of 1978. 
Ordinance, 1978, is hereby repealed. 
(2) Anything done or any action taken under the said 
Ordinance shall be deemed to have been validly done or taken 
under this Act. 
Submission of 
budget 
estimates. 
Overriding 
effect. 
44 

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