The West Bengal College Teachers ( Security Of Service ) Act, 1975

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXXVI of 1975 
THE WEST BENGAL COLLEGE TEACHERS 
(SECURITY OF SERVICE) ACT, 1975. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta 
Gazette, Extraordinary, of the 1st October, 1975.] 
[1st October, 1975.] 
An Act to provide for the security of service of teachers of affiliated, 
constituent and Government Sponsored Colleges in West Bengal. 
WHEREAS H. is expedient to provide for the security of service of teachers 
of affiliated, constituent and Government Sponsored Colleges in West 
Bengal; 
It is hereby enacted in the Twenty-sixth Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal College Teachers Short title, 
(Security of Service) Act, 1975. 	 extent and 
commence- 
(2) It extends to the whole of West Bengal. 	 ment. 
(3) It shall come into force on such date as the State Government may, 
by notification in the Official Gazette, appoint. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
( I) "college" means a college or an institution affiliated to a 
University in accordance with the provisions of the Act 
constituting such University or the Statutes made thereunder 
and includes a constituent college or a Government Sponsored 
College but does not include a Government College; 
(2) "constituent college" means a college recognised as such by 
the University but does not include a Government College; 
(3) "Governing Body", in relation to a college, means the managing 
committee or any other body charged with the management of 
the affairs of that college and recognised as such by the 
University to which such college is affiliated; 
173 
The West Bengal College Teachers (Security of Service) Act, 1975. 
[West Ben. Act 
(Sections 3, 4.) 
(4) "Government College" means a college maintained and 
managed by the State Government; 
(5) "Government Sponsored College" means a college declared 
by the State Government as such; 
(6) "prescribed" means prescribed by rules made under this Act; 
(7) "Principal" means the head of a college by whatever name 
called; 
(8) "Statutes", "Ordinances" and "Regulations" means respectively 
the Statutes, Ordinances and Regulations of the affiliating 
University; 
(9) "teacher" means Professor, Assistant Professor, Lecturer, Tutor, 
Demonstrator, Physical Instructor or any other person holding 
a teaching post recognised by the affiliating University and 
appointed as such by a college and includes its Principal and 
Vice-Principal. 
Appointment of teacher. 3. Appointment to the post of a teacher shall be made by the Governing 
Body on the recommendation of the University and College Services 
Commission to be constituted by the State Government in the manner 
prescribed: 
Provided that pending formation of such Commission such appointment 
shall be made on the recommendation of a Selection Committee to be 
constituted for the purpose in the manner prescribed: 
Provided further that no recommendation of the University and College 
Services Commission or the Selection Committee will be necessary with 
respect to filling up for a period not exceeding six months of any permanent 
or temporary vacancy in the post of a teacher: 
Provided also that in cases of permanent vacancies or temporary 
vacancies for a period exceeding six months, if no recommendation of 
the University and College Service Commission or Selection Committee, 
as the case may be, is forthcoming, it shall be lawful for the Governing 
Body of the college to extend, with the prior approvarof the University to 
which such college is affiliated, the period of temporary appointment of a 
teacher from time to time, so, however, that the total period of such 
temporary appointment shall not exceed two years. 
Letter of 	 4. Every teacher of a college shall, on his appointment as such, be 
appointment provided with a letter of appointment containing such terms and conditions of teacher. 
of appointment as may be prescribed. 
174 
The West Bengal College Teachers (Security of Service) Act, 1975. 
XXXVI of 19751 
(Sections 5-9.) 
5. (I) A teacher appointed against a permanent vacancy shall be an 
probation ordinarily for a period of one year from the date of such 
appointment and such period of probation may at the discretion of the 
Governing Body be extended for a further period not exceeding one year. 
(2) If at any time during the period of probation the probationer's work 
is not considered satisfactory, the probationer shall be discharged by the 
Governing Body. 
(3) On satisfactory completion of the period of probation, a teacher 
shall be confirmed with effect from the date of his appointment on 
probation by an order in writing made by the Governing Body and the 
fact of such confirmation shall be communicated to such teacher: 
Provided that if on completion of the period of probation of a teacher 
no such order of confirmation is passed and communicated within a period 
of two months of the completion of the period of probation, the teacher 
shall be deemed to have been confirmed with effect from the date of his 
appointment on probation. 
6. The services of a temporary teacher shall not be terminated before Termination 
the expiration of the period for which he was appointed except after serving of service of temporary 
one month's notice or paying him one month's salary in lieu thereof. 	 teacher. 
7. (I) A Service Register in respect of every teacher of a college Maintenance 
shall be maintained by such authority and in such form and shall contain of Service Register. 
such particulars of service as may be prescribed. 
(2) The Service Register so maintained shall, on demand, be shown to 
the teacher concerned. 
8. Every teacher shall co-operate with and assist the Principal in Other duties 
carrying out such functions as appraising applications for admission, of teacher. 
conducting co-curricular activities and holding University and college 
examinations including supervision thereof. 
9. (1) The following penalties may, for good and sufficient reasons Penalty. 
and in the manner prescribed, be imposed on a teacher by the Governing 
Body of a college, namely:— 
(i) censure; 
(ii) recovery of the whole or part of any pecuniary loss caused to 
the college by negligence or breach of any lawful order of the 
Governing Body; 
(iii) withholding of increments; 
(iv) suspension; 
(v) compulsory retirement; 
Probation 
175 
The West Bengal College Teachers (Security of Service) Act, 1975. 
[West Ben. Act 
(Sections 10, 11.) 
Communi-cation of 
order 
imposing 
penalty. 
Suspension 
of teacher. 
(vi) removal from service which shall not be a disqualification for 
future employment; 
(vii) dismissal from service which shall. ordinarily be a dis-
qualification for future employment as a teacher. 
(2) No order imposing any of the aforesaid penalties shall be made 
without informing the teacher concerned of the charges against him and 
giving him an opportunity of being heard and except after an inquiry held 
in the manner prescribed: 
Provided that penalties specified in clause (vi) of clause (vii) of sub-
section (1) shall not be imposed on a confirmed teacher except on ground 
of being persistently engaged in activities prejudicial to the academic or 
financial interest of the college or habitual dereliction of duty or physical 
infirmity likely to interfere with the normal discharge of his duties or 
mental derangement or moral turpitude. 
10. An order of the Governing Body of a college imposing any of the 
penalties referred to in sub-section (I) of section 9 shall be communicated 
to the teacher concerned and shall also he reported to the University to 
which such college is affiliated. 
H. (1) The Governing Body of a college may place a teacher under 
suspension— 
(a) where an inquiry against him under sub-section (2) of 
section 9 is contemplated by the Governing Body or such an 
inquiry is pending; or 
(b) where a case against him in respect of any criminal offence 
involving moral turpitude is under investigation or trial. 
(2) Every order of suspension under sub-section (1) shall be 
communicated to the Vice-Chancellor of the University to which the 
college is affiliated within a fortnight from the date of such order. 
(3) A teacher who is placed under suspension shall be entitled to receive 
from the Governing Body of the college a monthly subsistence 
allowance— 
(a) during the first six months of the period of suspension at the 
rate of fifty per cent. of his total monthly emoluments, 
(b) during the next six months of the period of suspension at the 
rate of seventy-five percent. of his total monthly emoluments, 
and 
(c) during the balance of the period of suspension at the rate of 
ninety per cent. of his total monthly emoluments. 
Explanation.—For the purpose of this sub-section.the expression "total 
monthly emoluments" means the total monthly emoluments which the 
teacher had been drawing immediately before his suspension. 
176 
The West Bengal College Teachers (Security of Service) Act, 1975. 
XXXV I of 1975.] 
(Sections 12-16.) 
12. (1) A teacher against whom an order imposing any of the penalties Appeal. 
referred to in sub-section (1) of section 9, has been passed, may prefer an 
appeal within thirty days from the date of receipt of such order to the 
University to which the college is affiliated. 
(2) The University shall, after giving the teacher and the Governing 
Body of the college an opportunity of being heard, pass such order as it 
thinks fit. 
13. The University may, by order, delegate the power conferred upon Power to 
it by section 12 to such authority or officer not below the rank of a Deputy delegate. 
Inspector of Colleges as the University may specify. 
14. (1) The State Government shall, for the purposes of this Act, Appellate 
constitute an Appellate Tribunal consisting of the following members, Tribunal.  
namely:— 
(a) a Chairman who shall be a person who holds or has held the 
office of a Judge not below the rank of a District Judge, and 
(b) two other members, one of whom at least, shall be an 
educationist, 
to be nominated by the State Government. 
(2) The Governing Body of a college or a teacher, may prefer an appeal 
against an order passed under section 12, to the Appellate Tribunal within 
a period of thirty days from the date of the order. 
(3) The Appellate Tribunal may, on application made in this behalf, 
call for the records of an appeal from the University if no final order has 
been passed therein by the University under sub-section (2) of section 12 
within a period of one year from the date of filing an appeal under sub-
section (1) of the said section. 
(4) The Appellate Tribunal shall dispose of an appeal referred to in 
sub-section (2) or sub-section (3) in such manner as may be prescribed. 
15. No legal practitioner as defined in the Advocates Act, 1961, shall 
be allowed to represent either a teacher or the Governing Body of a college 
iri any proceedings under section 12 or section 14, as the case may be: 
Provided that a teacher or any member of the Governing Body of a 
college who is also a legal practitioner shall be entitled to represent 
himself or the college, as the case may be, in such proceedings. 
Bar to re-
presentation 
by legal 
practitioners. 
16. The decision of the Appellate Tribunal shall be final and no suit Decision of 
or proceeding shall lie in any civil court in respect of the matters required to rt nuanl  a  
to be referred to the said Tribunal. 
177 
The West Bengal College Teachers (Security of Service) Act, 1975. 
[West Ben. Act XXXVI of 1975.] 
(Sections 17-20.) 
Compensa-
non in case 
of injury or 
death of a 
teacher. 
Modifica-
tion of the 
existing 
terms and 
conditions 
of service. 
Special 
provisions. 
Power to 
make rules. 
17. (I) If any personal injury or death is caused to a teacher in the 
course of discharge of his duties, the Governing Body of the college in 
which the teacher is employed shall he liable to pay compensation the 
amount of which will he assessed by such authority and in such manner 
as may be prescribed. 
(2) In the case of death of a teacher the compensation shall be payable 
to his legal heirs. 
18. The terms and conditions of service of a teacher employed before 
the commencement of this Act shall, to the extent of any inconsistency 
with the provisions of this Act or the rules made thereunder, be deemed to 
have been modified by the said provisions. 
19. The provisions of such Acts or Statutes, Ordinances, Regulations 
or rules made thereunder as are applicable to a teacher other than that of 
a Government Sponsored College, and of such rules and orders made by 
the State Government as are applicable to a teacher of a Government 
Sponsored College, in respect of selection, appointment, promotion, terms 
and conditions of service including leave and retirement benefits, shall 
continue to apply except in so far as they are not repugnant to the provisions 
of this Act or rules made thereunder. 
20. (1) The State Government may 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 matters which, under 
any provisions of this Act are required to be prescribed or to be provided 
by rules. 
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