LexThe West Bengal Joint Entrance Examinations Board Act, 2014
West Bengal · state statute
Open in Lexace · Ask the AI about this actRegistered No. WB/SC-247 No. WB(Part-III)/2014/SAR-23
iStilltata (6ttyttr
Rrclitiq'14
Extraordinary
Published by Authority
BHADRA 13]
THURSDAY, SEPTEMBER 4, 2014 [SAKA 1936
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative
NOTIFICATION
No. 1539-L.---4th September, 2014.—The following Act of the West Bengal Legislature, having been assented by
the Governor, is hereby published for general information:—
West Bengal Act XIV of 2014
THE WEST BENGAL JOINT ENTRANCE EXAMINATIONS
BOARD ACT, 2014.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette,
Extraordinary, of the 4th September, 2014.]
An Act to provide for the constitution, re-constitution, administration and regulation
of the West Bengal Joint Entrance Examinations Board and for matters connected
therewith and incidental thereto.
WHEREAS the State Government, in exercise of the powers conferred under article
162 of the Constitution of India had constituted the West Bengal Joint Entrance
Examinations Board pursuant to No. 828-Edn (D) dated 02.03.1962, for the purpose
of conducting Joint Entrance Examination for admission to various institutions in West
Bengal imparting education in medical, engineering and technological courses;
AND WHEREAS in view of the growing importance of the workings of the Board a
need is felt to confer the Board the status of a statutory body and to streamline its
powers and functions;
THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2014 [PART III
The West Bengal Joint Entrance Examinations Board
Act, 2014.
(Sections 1, 2.)
AND WHEREAS it is expedient to constitute and re-costitute the Board for the purpose
of conducting Joint Entrance Examinations for Selecting Students for admission to the
undergraduate courses in engineering and technology and post-graduate professional,
vocational and general degree courses in various educational institutions rendering
professional, vocational and general education in West Bengal and to provide for its
constitution, administration and regulation and for such other matters connected
therewith and incidental thereto;
It is hereby enacted in the Sixty-fifth Year of the Republic of India, by the Legislature
of West Bengal, as follows:—
Short title, 1. (1) This Act may be called the West Bengal Joint Entrance Examinations Board extent and
commencement. Act, 2014.
Definitions.
(2) It extends to the whole of the State of West Bengal.
(3) It shall come into force at once.
2. In this Act, unless the context otherwise requires,—
(i) "Academic year" in relation to a College or a University, comprise a
period throughout which academic instruction is being given to the
students for a particular year;
(ii) "Affiliating University" shall mean the University from which a college
obtains affiliation;
(iii) "Board" means the West Bengal Joint Entrance Examinations Board
constituted under this Act;
(iv) "Chairman" means the Chaiiinan of the Board as may be appointed by
the State Government, by order;
(v) "counselling" means a single-window process of selection of candidates
on the basis of merit secured in the concerned Joint Entrance
Examinations conducted by the Board;
(vi) "Director of Medical Education" means the Director of Medical
Education in the Health and Family Welfare Department, Government
of West Bengal;
(vii) "Director of Technical Education" means the Director of Technical
Education appointed by the State Government;
(viii) "examination fee" means the fees to be collected by the Board for the
purpose of the entrance examination;
(ix) "existing Board" means the West Bengal Joint Entrance Examinations
Board as constituted pursuant to No. 828-Edn (D) dated 02.03.1962
by the State Government;
(x) "General Degree Course" means the course other than the professional
and vocational course;
(xi) "Government College" means the colleges established and administered
by the State Government;
PART III]
THE KOLKATA GAZETTE. EXTRAORDINARY, SEPTEMBER 4, 2014 3
The West Bengal Joint Entrance Examinations Board
Act, 2014.
(Section 2.)
(xii) "Joint Entrance Examination" means a common combined competitive
examination to be conducted by the Board for the purpose of selection
of students for admission to the various undergraduate and post-graduate
professional, vocational and general degree courses in various
educational institutions rendering professional, vocational and general
degree course in West Bengal;
(xiii) "management quota" means the number of seats to be filled up by an
institution's management as may be decided by the State Government
from time to time;
(xiv) "merit list" means the list to be prepared and published by the Board
on the basis of the Joint Entrance Examination;
(xv) "Minority Educational Institution" means an institution administered
by any minority as defined under clause(f) of section 2 of the
National Commission for Minority Educational Institutions Act, 2004;
(xvi) "minority quota" means the number of seats reserved in a minority
educational institution for a particular academic year;
(xvii) "open merit category" means the category of seats other than the seats
reserved for management quota or minority quota;
(xviii) "Private College" means a college run and administered by a
private body out of their own fund and duly approved by the State
Goverment;
(xix) "Private University" means a University constituted and incorporated
by an Act of the State Legislature and recognized by the University
Grants Commission, but administered and maintained out of private
funds;
(xx) "professional college" means a college imparting professional courses;
(xxi) "professional course" means the course of study in the field of
engineering, technology, management, medicine, surgery, nursing,
dentistry, pharmaceutical science, veterinary science, agricultural
science, fisheries science, dairy, forestry and such other courses
including vocational courses as may be determined by the relevant
regulatory authority;
(xxii) "Prescribed" means prescribed by rules made under this Act;
(xxiii) "regulations" means the regulations of the Board;
(xxiv) "Regulatory authority" means—
(a) a body established by the Central Government for laying down
norms and conditions for ensuring academic standards of higher
education in its designated areas of coverage, such as University
Grants Commission, Council for Scientific and Industrial Research,
Department of Science and Technology, Government of India.
All India Council for Technical Education, Medical Council of
India, Distance Education Council, National Assessment and
Accreditation Council, Pharmacy Council of India, Director
General of Shipping. National Council for Teacher Education, Bar
2 of 2005.
4 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2014 [PART III
The West Bengal Joint Entrance Examinations Board
Act, 2014.
(Sections 3, 4.)
Council of India, Council of Architecture, Rehabilitation Council
of India and such other statutory body as may be established by
the Central Government for the purpose of imparting higher
education;
(b) the affiliating University; and
(c) the Government of West Bengal in the Higher Education
Department;
(xxv) "State Government" means Government of West Bengal in the Higher
Education Department;
(xxvi) "Vice-Chairman" means the Vice Chaii ian of the Board as may be
appointed by the State Government, by order;
(xxvii) "University" means a University established and incorporated by an
Act of State Legislature.
Application of
this Act.
Admission in
general.
3. (1) This Act shall apply to all Colleges and Universities rendering professional,
vocational and general degree courses in undergraduate and postgraduate level in the
State of West Bengal.
(2) The Private Universities and the minority educational institutions providing
professional and vocational courses may, at their option, admit students from the merit
list prepared by the Board on the basis of the Joint Entrance Examination:
Provided that the provisions of this Act shall apply mutatis mutandis to those Private
Universities or those Minority Educational Institutions that have opted to admit students
from the merit list referred to in this sub-section.
4. (1) With effect from the date of coming into operation of this Act and subject
to the provisions of sub-section (2) of section 3, admission to the undergraduate
professional and vocational courses in any College or in any University in West Bengal
shall be made on the basis of the concerned Joint Entrance Examinations.
(2) The Board shall conduct common, combined, competitive, entrance,
examinations referred to in sub-section (1), every year, for such course and in such a
manner as may be provided for by the regulations.
(3) The State Government may, by notification in the Official Gazette, entrust the
Board to conduct separate common, combined, competitive, entrance examination for
admission to the post-graduate professional, vocational and general degree courses
and from the date of such notification, admission to the post-graduate professional,
vocational and general degree courses in all colleges and Universities rendering such
courses in West Bengal, shall be made on the basis of such entrance examination.
(4) The manner and procedure for conducting separate entrance examination for
admission to the post-graduate professional, vocational and general degree courses
shall be such as may be provided for by the regulations.
(5) The procedure for application and the conditions of eligibility for participating
in the examination shall also be provided for by the regulations.
PART III]
THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2014 5
The Board.
The West Bengal Joint Entrance Examinations Board
Act, 2014.
(Section 5.)
(6) For the purpose of conducting the entrance examination, the Board shall charge
from every applicant, an application fee as may be notified by the State Government
from time to time.
(7) On the basis of the examination referred to in sub-section (1) and sub-
section (3), the Board shall prepare combined merit lists in terms of the marks secured
by the candidate in the concerned entrance examination.
(8) Separate merit lists shall be prepared for the candidates belonging to the
Scheduled Castes, the Scheduled Tribes, the Other Backward Classes-Category A and
Other Backward Classes Category-B following the provisions of the West Bengal State
Higher Educational Institutions (Reservation in Admission) Act, 2013 and the rules
made thereunder.
(9) Selection of candidates shall be made on the basis of counselling process, online
or otherwise adopting a single window approach:
Provided that the Board may charge such counselling fees from each candidate
participating in the counselling process, as may be determined by regulations.
(10) The qualifying marks for selection in the examination shall be determined by
the Board in consultation with the State Government from time to time.
Note.— The State Government shall have the power to resolve any examination
related disputes or issues and also to have the power to issue directions to the Board
which the Board shall comply.
5. (1) There shall be a Board to be known as the West Bengal Joint Entrance
Examinations Board as may be constituted under the provisions of this Act, by the
State Government:
Provided that the existing West Bengal Joint Entrance Examinations Board
constituted pursuant to no. 828-Edn (D) dated 02.03.1962 and it's Chairman, members
and the employees, shall continue to function as such until a new Board is constituted
as per the provisions of this Act.
(2) The Board, its members and the employees shall together, constitute a body
corporate having perpetual succession with a common seal and shall have power to sue
or be sued by the name of the West Bengal Joint Entrance Examinations Board.
(3) Every petition or memorandum or other instrument for and on behalf of the
Board shall be signed and executed by the Registrar.
(4) The headquarter of the Board shall be at Kolkata:
Provided that the State Government may for reasons to be recorded in writing,
allow the Board to open and maintain regional offices in any part of the State of West
Bengal.
(5) All properties whether movable or immovable, belonging to the existing Joint
Entrance Examinations Board shall, from the date of coming into effect of this Act,
vest to the Board and continue to be vested until dissolution of the Board.
(6) The Board shall have the power to acquire or to dispose of immovable properties
subject to the prior approval of the State Government in writing.
(7) Without prejudice to the generality of the provisions of this Act, the State
Government may, for reasons to be recorded in writing,vest such other power and
function to the Board if, in the opinion of the State Government that such power and
function is necessary for the purpose of implementation of the provisions of this Act.
6 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2014 [PART III
The West Bengal Joint Entrance Examinations Board
Act, 2014.
(Section 6.)
Composition of
the Board.
6. (1) The Board shall consist of not more than twenty members, namely:—
(i) the Chairman;
(ii) the Vice-Chairman;
(iii) Ex officio members, to be nominated by the State Government by order
as follows:—
(a) Secretaries or their nominees, not below the rank of a Joint
Secretary to the Government of West Bengal from amongst the
Higher Education Department, Department of Health and Family
Welfare, Agriculture Department, Animal Resource Development
Department;
(b) three Vice-chancellors of the State aided Universities providing
professional and vocational courses or their nominees on rotation
in alphabetical order of the name of the University, of every two
years;
(c) the Director of Technical Education;
(d) the Director of Medical Education;
(iv) the Registrar shall be the Secretary of the Board;
(v) two Principals of the Medical Colleges in West Bengal on rotation in
alphabetical order of the name of the college, every two years;
(vi) two Principals of the Government Engineering Colleges on rotation in
alphabetical order of the name of the college, every two years;
(vii) one Principal from the Pharmacy Colleges of West Bengal, on rotation
in alphabetical order of the name of the college, for every two years;
(viii) one Principal or Director from all colleges of Agriculture, Fisheries,
Veterinary and Animal Husbandry, Agricultural Engineering and
Forestry taken together on rotation in alphabetical order of the name of
the college, for every two years;
(ix) two Principals from private professional colleges of West Bengal on
rotation in alphabetical order of the name of the college, for every two
years of whom one shall be from Minority-administered institution.
(2) Notwithstanding anything contained in sub-section (1), the State Government
may, by order, appoint more members from amongst the academics or educationists of
repute.
(3) The terms and conditions of service of the Chairman, the Vice-Chairman, the
Registrar and the Controller of Examination, including their salaries and allowances
shall be such as may be prescribed by rules made under this Act.
(4) The members of the Board representing a particular institution or interest shall
cease to be a member as soon the said representation in the institution or interest has
ceased.
(5) Every meeting of the Board shall be convened in the name of the Chairman
and in his absence the Vice-Chairman, who shall have no right to cast vote, unless
there is a tie.
(6) The Board shall meet for such time as may be required and in such place as the
Chairman or the Vice-Chairman, as the case may be, may fix.
(7) The procedures of meeting and transaction of business of the Board including
its quorum shall be provided for by the regulations.
PART THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2014 7
The West Bengal Joint Entrance Examinations Board
Act, 2014.
(Sections 7-9.)
(8) No action or proceedings of the Board shall be deemed to be invalid by reason
of any vacancy in the Board, provided the quorum is formed.
Committees.
Powers and
functions of the
Board.
The Chairman.
7. (1) The Board may form Committees and sub-committees for the purpose of
discharging the overall functions of the Board.
(2) Every such committee or sub-committee shall be headed either by the Chairman
or by the Vice-Chairman.
(3) The functions of every such Committee or Sub-Committee and their procedures
shall be provided for by the regulations.
8. (1) Subject to the provisions of this Act, the Board shall have the
following functions, namely:—
(i) to conduct common, combined and competitive entrance examination for
selection of candidates for admission to undergraduate and post-graduate
professional, vocational and general degree courses in the State:
Provided that holding of common, combined and competitive entrance
examination for admission to the post-graduate professional, vocational
and general degree courses shall be conducted by the Board from such
date as the State Government may, by notification in the Official Gazette
appoint;
(ii) to publish information brochures or prospectus and to collect and scrutinize
applications from the applicants;
(iii) to upload all relevant information regarding number of available seats in
each faculty or subject in each institution on the Board's website;
(iv) to arrange to set up examination centres and to fix the date and different
phases of the entrance examination;
(v) to do such other functions as may be necessary for this purpose.
(2) The Board shall discharge such other functions as may be provided for by the
regulations.
9. (1) The Chairman shall be a distinguished academician with proven
competence and integrity having a minimum of twelve years of teaching with
administrative experience.
(2) The Chairman of the Board shall be appointed by the State Government by
order:
Provided that the existing Chairman of the Board shall continue to function until he
is otherwise removed or he attains the age of superannuation, or a new Chairman joins,
whichever is earlier.
(3) The Chairman appointed under this Act shall hold office for a term of four
years or till he attains the age of sixty-five years, whichever is earlier, and shall be
eligible for re-appointment for another term of four years or till he attains the age of
sixty-five years, whichever is earlier.
(4) The State Government may, notwithstanding the expiration of the term of the
office of the Chairman or his attaining the age of sixty-five years, allow him to continue
in office till a successor assumes office, provided that he shall not continue as such for
any period exceeding six months.
8 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2014 [PART III
The West Bengal Joint Entrance Examinations Board
Act, 2014.
(Section 9.)
(5) The Chairman shall be a whole-time Officer of the Board and shall be paid
from the Fund of the Board such salary and allowances as the State Government may
determine from time to time.
(6) The powers and functions of the Chairman shall be such as may be provided
for by the regulations.
(7) In case a full-time Chairman is not available, an eminent academician or an
Administrator may be appointed as Chairman on a contractual basis till a full time
Chairman can be appointed. The terms and conditions for such appointment shall be
such as may be prescribed.
(8) The Chaitinan may resign from his office by officially writing in his hand to
the State Government.
(9) If—
(a) the Chairman is, by reasons of leave, illness or other cause, temporarily
unable to exercise the powers and perform the duties of his office, or
(b) a vacancy occurs in the office of the Chairman by reason of death,
resignation, removal, expiry of tern' of his office or otherwise,
then, during the period of such temporary inability or pending the appointment of a
Chairman, as the case may be, the functions of the Board shall be exercised by the
Vice-Chairman.
(10) The vacancy in the office of the Chairman occurring by reason of death,
resignation or expiry of the term of his office, removal or otherwise shall be filled up
by appointment of a Chairman in accordance with the provisions of sub-section (2)
within a period of three months from the date of occurrence of the vacancy.
(11) The Chairman may be removed from his office by the State Government if it
is satisfied that the incumbent,—
(a) has become insane and adjudged by a competent court to be of unsound
mind; or
(b) has become an un-discharged insolvent and stands so declared by a
competent Court; or
(c) has been physically unfit and incapable of discharging function due to
protracted illness or physical disability certified by a competent medical
board; or
(d) 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 his appointment or
has abused or misused the powers vested in him or if the continuance in the
office of the Chairman is detrimental to the interest of the Board; or
(e) has been proved to be guilty of criminal breach of trust or criminal negligence
or gross financial irregularity or impropriety or gross negligence of duty or
moral turpitude; or
(f) has shown incompetence in performance or has made default in the
performance of the duties imposed on him by or under this Act; or
(g) has been convicted by a court for any offence under the Code of Criminal
Procedure, 1973: 2 of 1974.
Provided that the Chairman shall be given a reasonable opportunity of
being heard by the State Government before taking recourse for his removal
under clauses (d), (e), (f) and (g).
PART THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2014 9
The West Bengal Joint Entrance Examinations Board
Act, 2014.
The Vice-
Chairman.
(Section 10.)
10. (1) The Vice-Chairman shall be a distinguished academician with proven
competence and integrity having a minimum of ten years of teaching with administrative
experience.
(2) The Vice-Chairman of the Board shall be appointed by the State Government
by order:
Provided that the existing Vice-Chairman of the Board shall continue to function
until he is otherwise removed or a new Vice-Chairman joins or he attains the age of
superannuation, whichever is earlier.
(3) The Vice-Chairman shall hold office for a term of four years or till he attains
the age of sixty-five years, whichever is earlier, and shall be eligible for re-appointment
for another term of four years or till he attains the age of sixty-five years. whichever
is earlier.
(4) The State Government may, notwithstanding the expiration of the term of the
office of the Vice-Chairman or his attaining the age of sixty-five years, allow him to
continue in office till a successor assumes office:
Provided that he shall not continue as such for any period exceeding six months.
(5) The Vice-Chairman shall be a whole-time Officer of the Board and shall be
paid from the Fund of the Board such salary and allowances as the State Government
may determine from time to time.
(6) The powers and functions of the Vice-Chairman shall be such as may be
provided for by the regulations.
(7) In case a full-time Vice-Chairman is not available, an eminent academician
may be appointed as Vice-Chairman on a contractual basis till a full-time Vice-Chairman
is appointed. The terms and conditions for such temporary appointment shall be such
as may be prescribed.
(8) The Vice-Chairman may resign from his office by officially writing in his hand
to the State Government.
(9) If—
(a) the Vice-Chairman is, by reasons of leave, illness or other cause, temporarily
unable to exercise the powers and perform the duties of his office, or
(b) a vacancy occurs in the office of the Vice-Chairman by reason of death,
resignation, removal, expiry of term of his office or otherwise,
then, during the period of such temporary inability or pending the appointment of a
Vice-Chairman, as the case may be, the functions of the Board shall be exercised by
such other persons as may be determined by the State Government by order.
(10) The vacancy in the office of the Vice-Chairman occurring by reason of death,
resignation or expiry of the term of his office, removal or otherwise shall be filled up
by appointment of a Vice-Chairman in accordance with the provisions of sub-section
(2) within a period of three months from the date of occurrence of the vacancy.
(11) The Vice-Chairnian may be removed from his office by the State Government
if it is satisfied that the incumbent,—
(a) has become insane and adjudged by a competent court to be of unsound
mind; or
(b) has become an un-discharged insolvent and stands so declared by a
competent Court; or
10 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2014 [PART HI
The West Bengal Joint Entrance Examinations Board
Act, 2014.
The Registrar.
The Controller of
Examinations.
The Law Officer
and the Accounts
Officer.
Other employees.
(Sections 11-14.)
(c) has been physically unfit and incapable of discharging function due to
protracted illness or physical disability certified by a competent medical
board; or
(d) has wilfully omitted or refused to carry out the provisions of this Act or has
committed breach of any of the tei ins and conditions of his appointment or
has abused or misused the powers vested in him or if the continuance
in the office of the Vice-Chairman is detrimental to the interest of the
Board; or
(e) has been proved to be guilty of criminal breach of trust or criminal negligence
or gross financial irregularity or impropriety or gross negligence of duty or
moral turpitude; or
(f) has shown incompetence to perform or has persistently made default in the
performance of the duties imposed on him by or under this Act; or
(g) has been convicted by a court for any offence within the concept and meaning
of the Code of Criminal Procedure, 1973: 2 of 1974.
Provided that the Vice-Chairman shall be given a reasonable opportunity
of being heard by the State Government before taking recourse for his
removal under clauses (d), (e), (f) and (g).
11. (1) The Board shall have a Registrar who shall be appointed by the State
Government, by order.
(2) The Registrar shall be a whole-time officer of the Board and shall be paid out
of the fund of the Board such salaries and allowances as may be determined by the
State Government from time to time and shall possess such qualification and experience
as may be notified by the State Government from time to time.
(3) The powers and functions of the Registrar shall be such as may be provided for
by the regulations.
12. (1) The Board shall have a Controller of Examinations who shall be appointed
by the State Government, by order.
(2) The Controller of Examinations shall be a whole-time officer of the Board and
shall be paid out of the fund of the Board such salaries and allowances as may be
determined by the State Government from time to time and shall possess such
qualification and experience as may be notified by the State Government from time to
time.
(3) The powers and functions of the Controller of Examinations shall be such as
may be provided for by the regulations.
13. (1) The Law Officer and the Accounts Officer of the Board shall be appointed
by the State Government on deputation.
(2) The powers and functions of the Law Officer and the Accounts Officer shall be
such as may be provided for by the regulations.
14. Other employees of the Board shall be appointed by the State Government by
order:
Provided that the terms and conditions of service including procedures of taking
disciplinary proceedings and punishment thereof of the employees of the Board shall
be such as may be prescribed by the State Government by rules.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 4. 2014 11
The West Bengal Joint Entrance Examinations Board
Act, 2014.
Funds of the
Board.
Audit and
accounts.
Budget of the
Board.
Inspection and
enquiry.
(Sections 15-18.)
15. (1) There shall be a fund of the Board to be known as the Board's fund to which
shall be credited all grants received from the State Government and all other receipts
and incomes, donations etc..
(2) The Board's fund shall also be credited with fees as may be received from the
sale of information brochure, receipt of application fees, Counselling fees and any
other fee for conducting Entrance Examinations.
(3) The Board's fund shall be used in meeting the expenses of the Board including
the payment of salaries and allowances of the employees including the Chairman, the
Vice-Chairman, the Registrar, the Controller of Examinations, the Law Officer and the
Accounts Officer of the Board.
(4) The Board's fund shall also be used for meeting the expenses incurred for the
purpose of conducting inspection of the Colleges and Universities as may be decided
by the State Government from time to time.
(5) The State Government shall from time to time release grants to the Board in
terms of its requirements indicated in its annual budget.
16. (1) The Board shall maintain proper records of accounts for each and
every financial year in such manner and in such form as may be provided for by
regulations.
(2) The Board shall submit annual statement of accounts to the State Government
showing all receipts and payments for the financial year to be audited duly by a qualified
chartered accountant as defined under the Chartered Accountants Act, 1949.
(3) The State Government shall cause statutory audit in periodical manner of
the fund and accounts of the Board.
17. (1) The Board shall submit latest by 15th November every year their annual
budget showing estimates of receipts and disbursements for the following year, to the
State Government immediately after the same has been finalized by the Board at a
meeting specially convened for this purpose.
(2) The Board may also submit a revised budget by 30th November within the
financial year to the State Government for approval.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2) of
this section the State Government may authorize the Board to incur expenditure not
forming a part of its budget or revised budget considering the urgency of a situation as
may be determined by the State Government.
18. (1) The State Government shall have the power to cause an inspection or enquiry
by an enquiry committee to be constituted for this purpose, headed by an officer not
below the rank of a Joint Secretary to the State Government, into the affairs of the
Board in relation to its administrative and financial business as and when necessary.
(2) In every case, the State Government shall give notice to the Board of its
intention of such inspection or enquiry and the Board shall be entitled to be represented
there.
(3) The State Government shall communicate to the Board its views with reference
to the result of the inspection or enquiry and may direct the Board on the action to
be taken.
(4) Proceedings of every such enquiry or inspection shall be taken into account
before releasing grants to the Board, and irregularities in financial transactions of the
Board may result in withholding of grants for such period as may be determined by the
State Government.
38 of 1949.
12 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2014 [PART III
The West Bengal Joint Entrance Examinations Board
Act, 2014.
(Sections 19-24.)
Power to call for
records.
Powers to make
rules.
Powers to make
regulations.
19. The State Government shall have the power to call for and examine any record
or any order passed or decision taken by the Board under the provisions of this Act, for
the purpose of satisfying itself of the legality or propriety of such order or decision and
pass such order as it may deem fit:
Provided no such order shall be made except after giving the Board or the person
likely to be effected thereby, a reasonable opportunity of being heard.
20. The State Government shall have the power to remove difficulty that may arise
in applying the provisions of this Act.
21. The State Government shall have also powers to give directions to the Board
from time to time not inconsistent with the provisions of this Act.
22. Notwithstanding anything contained in any other law for the time being in
force, or in any customs or usages to the contrary, the provisions of this Act shall
have effect against any provisions of any law for the time being in force, contrary to
this Act.
23. (1) The State Government may, by notification in the Official Gazette, make
rules for carrying out all or any of the purpose of this Act.
(2) Without prejudice to the generality of sub-section (1), the State Government
shall in particular have right to make the rules determining the terms and conditions of
service including the procedures for discipline and punishment of the employees of the
Board.
(3) Every rule made under this section shall be laid as soon as may be after it is
made, before the State Legislature, while it is in session, for a total period of fourteen
days which may be comprised in one session or in two or more successive sessions and
if, before the expiry of the session immediately following the session or the successive
sessions aforesaid, the State Legislature agrees in ,making any modification in the rule
or the State Legislature agrees that the rules should not be made, the rule shall thereaf-
ter have effect only in such modified foul' or be of no effect, as the case may be, so,
however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
24. (1) The Board with the prior approval of the State Government in writing may
make regulations not inconsistent with the provisions of this Act.
(2) Without prejudice to the generality of sub-section (1), the Board shall in
particular have right to make regulations regarding,—
(a) the powers and functions of the Chairman and the Vice-Chairman,
(b) the powers and functions of the Registrar, the Controller of Examination,
the Law Officer and the Accounts Officer,
(c) procedure for holding entrance examination for both undergraduate and
post-graduate level,
(d) the procedures for conducting the business of the Board,
(e) powers and functions of different sub-committees of the Board.
Power to
remove
difficulties.
Power to
give
directions.
Overriding effect.
PART III]
THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2014 13
Members etc. are
Public Servant.
Report of the
Board.
Repeal and
savings.
The West Bengal Joint Entrance Examinations Board
Act, 2014.
(Sections 25-27.)
25. The Chairman, the Vice-Chairman, the Registrar, the Controller of Examination,
the Law Officer, the Accounts Officer and all 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.
26. It shall be the duty of the Board to present annually to the State Government,
within 31st December of every Calendar year, a report on the work done by the Board
and on receipt of such report the State Government shall cause a copy thereof to be laid
before the State Legislature.
27. (1) With effect from the date of effect of this Act, the Order vide no. 828-Edn
(D) dated 02.03.1962 shall stand repealed.
(2) So as to ensure continuity in the functions of the Board, every action taken by
the existing Joint Entrance Examinations Board shall, unless repugnant to any of the
provisions of this Act, be treated as valid and shall be deemed to have been taken under
the provisions of this Act, as if this Act was in force.
(3) All orders, rules, notification issued by the State Government in respect of the
existing Board shall continue to be valid unless repugnant to the provisions of this Act
or until modified.
(4) The service conditions of the existing employees of the Board shall not be
varied to their detriment and shall be spelt out in detail under the rules to be prescribed
by the State Government.
45 of 1860
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