The West Bengal Non-government Educational Institutions And Local Authorities ( Control Of Provident Fund Of Employees ) Act, 1983

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXXIX of 1983 
THE WEST BENGAL NON-GOVERNMENT 
EDUCATIONAL INSTITUTIONS AND LOCAL 
AUTHORITIES (CONTROL OF PROVIDENT 
FUND OF EMPLOYEES) ACT, 1983. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, 
Extraordinary, of the 17th February, 1984.] 
[17th February, 1984.] 
An Act to provide for deposit of balance o* account of provident fund 
of employees of non-Government educational institutions and local 
authorities in West Bengal in Treasury and for matters connected 
therewith or incidental thereto. 
WHEREAS it is expedient to provide for deposit of balance on account 
of provident fund of employees of non-Government educational 
institutions and local authorities in West Bengal in Treasury, for adequate 
measures to control management of such fund and for matters connected 
therewith or incidental thereto. 
It is hereby enacted in the Thirty-fourth Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Non-Government 
Educational Institutions and Local Authorities (Control of Provident Fund 
of Employees) Act, 1983. 
(2) It extends to the whole of West Bengal. 
(3) It shall come into force on such date as the State Government 
may, by notification, appoint; and different dates may be appointed for 
different non-Government educational institutions or local authorities. 
(4) It shall apply to all non-Government educational institutions and 
local authorities except the educational institutions administered by 
religious or linguistic minorities or under any trust or not in receipt of 
any financial assistance from the State Government: 
Provided that the State Government may, if it considers fit, exempt 
any non-Government educational institution or local authority from the 
operation of this Act for such period as it may think necessary: 
Short title, 
extent, 
commence-
ment and 
application. 
263 
The West Bengal Non-Government Educational Institutions 
and Local Authorities (Control of Provident Fund of 
Employees) Act, 1983. 
[West Ben. Act 
Definitions. 
(Section 2.) 
Provided further that any non-Government educational institution 
administered by religious or linguistic minorities or under any trust or 
not in receipt of any financial assistance from the State Government and 
exempted from the operation of this Act may apply to the State 
Government for being governed by the provisions of this Act and on 
consideration of such application the State Government may extend by 
notification the provisions of this Act to such institution. 
2. In this Act, unless there is anything repugnant in the subject or 
context,— 
(1) "appointed day" means the day appointed under sub-section 
(3) of section 3; 
(2) "college" means a college affiliated to a University; 
(3) "employee" means,— 
(a) in relation to a non-Government educational 
institution, any person employed by such institution 
on whole-time basis, and includes a teacher or a 
member of non-teaching staff, and 
(b) in relation to a local authority, any person employed 
by such local authority on whole-time basis; 
(4) "Librarian" means a Librarian, Deputy Librarian, Assistant 
Librarian or any other person discharging the functions of a 
Librarian on whole-time basis, by whatever name called, 
appointed by a non-Government educational institution; 
(5) "local authority" means a Municipal Corporation, 
Municipality, or Town Committee, but does not include a 
notified area authority or a Gram Panchayat, Panchayat 
Samiti or Zilla Parishad; 
(6) "non-Government educational institution" means an 
educational institution not maintained or managed by the 
State Government, and includes— 
(i) a University, 
(ii) a non-Government college, Hogher Secondary School 
recognised as such under the West Bengal Council of 
Higher Secondary Education Act, 1975, secondary 
school recognised as such under the West Bengal Board 
of Secondary Education Act, 1963, primary school 
managed by a District School Board constituted, or 
recognised as a primary school, under the Bengal 
(Rural) Primary Education Act, 1930, or recognised 
or deemed to be recognised as a primary school under 
the West Bengal Primary Education Act, 1973, or 
West Ben. 
Act VIII of 
1975. 
West Ben. 
Act V of 
1963. 
Ben. Act VII 
of 1930. 
West Ben. 
Act XLIII of 
1973. 
264 
The West Bengal Non-Government Educational Institutions 
and Local Authorities (Control of Provident Fund of 
Employees) Act, 1983. 
CXXIX of 1983.] 
(Section 2.) 
,en. Act VII 
f 1930. 
rest Ben. 
ct XLIII of 
/73. 
!st Ben. 
t XLIX of 
74. 
;st Ben. 
:XVIII of 
79. 
:st Ben. 
t XVIII of 
31. 
st Ben. 
t XXIII of 
31. 
st Ben. 
XXIV of 
1. 
(iii) any other institution, by whatever name called, 
affiliated to a University or recognised under any 
enactment for the time being in force, 
in which instruction is provided for courses of study in Arts, 
Science, Commerce or Teachers' Training or in which 
instruction is given in primary education as defined in clause 
(14) of section 2 of the Bengal (Rural) Primary Education 
Act, 1930 or clause (xvii) of section 2 of the West Bengal 
Primary Education Act, 1973; 
(7) "non-teaching staff" means the non-teaching staff, not 
holding any teaching post, appointed by a non-Government 
educational institution on whole-time basis, and includes a 
Librarian; 
(8) "notification" means a notification published in the Official 
Gazette; 
(9) "prescribed" means prescribed by rules made under this Act; 
(10) "teacher" means a Professor, Reader, Principal, Lecturer, 
Demonstrator, Tutor or any other person holding a teaching 
post, by whatever name called, appointed by a non-
Government educational institution on whole-time basis; 
(11) "Treasury" means a Treasury of the State Government, and 
includes a Sub-Treasury; 
(12) "University" means the University constituted under— 
(i) the Bidhan Chandra Krishi Viswavidyalaya Act, 
1974, or 
(ii) the Calcutta University Act, 1979, or 
(iii) the Vidyasagar University Act, 1981, or 
(iv) the Burdwan University Act, 1981, or 
(v) the Jadavpur University Act, 1981, or 
265 
The West Bengal Non-Government Educational Institutions 
and Local Authorities (Control of Provident Fund of 
Employees) Act, 1983. 
[West Ben. Act 
All standing 
balances in 
provident 
fund to be 
transferred 
to Treasury. 
Payment on 
account of 
withdrawal 
by the 
subscriber. 
(Sections 3, 4.) 
(vi) the North Bengal University Act, 1981, or 
(vii) the Rabindra Bharati Act, 1981, or 
(viii) the Kalyani University Act, 1981. 
3. (1) All balances in the provident fund on the appointed day held 
in cash or in time deposits, Government securities, savings certificates, 
bank accounts, postal savings accounts, debentures or in any other form 
of financial instrument shall be transferred to the State Government in 
such manner as may be prescribed: 
Provided that the portion or portions of the provident fund invested in 
time deposits, debentures, Government securities, savings certificates or 
in any other form of financial instrument shall be endorsed to the State 
Government or to any agent appointed by the State Government in this 
behalf in such manner as may be prescribed. 
(2) On and from the appointed day no non-Government educational 
institution or local authority shall deposit any portion of the balance of 
provident fund or accruals thereto in any postal savings account, bank 
account or any other agency except the Treasury. 
(3) Notwithstanding anything to the contrary contained in any other 
law for the time being in force, any sum received by a non-Government 
educational institution or a local authority on account of provident fund 
of its employees by way of monthly subscription to the provident fund, 
repayment of advance from the provident fund taken by any such employee 
or interest on balances in the provident fund shall, with effect from such 
date as the State Government may by notification appoint, be deposited 
in a Treasury in such manner as may be prescribed. 
(4) While transferring the provident fund balances to the State 
Government under sub-section (1) a non-Government educational 
institution or local authority, as the case may be, shall furnish to the State 
Government a statement showing the total amount standing at the credit 
of each employee subscribing to the respective provident fund indicating 
therein the employee's portion and the employer's portion of contributions, 
the amount of withdrawal outstanding against each employee and such 
other particulars as may be prescribed. 
4. On and from the appointed day payments on account of withdrawal 
by a subscriber shall be made out of the balances in the provident fund 
referred to in sub-section (1) of section 3. The procedure for withdrawal 
by a subscriber shall be such as may be prescribed: 
West Ben. 
Act XXV of 
1981. 
West Ben. 
Act XXXVI 
of 1981. 
West Ben. 
Act XL of 
1981. 
266 
The West Bengal Non-Government Educational Institutions 
and Local Authorities (Control of Provident Fund of 
Employees) Act, 1983. 
XXXIX of 1983.] 
(Sections 5-9.) 
Provided that the existing procedure for withdrawal by a subscriber 
from his provident fund account shall continue until the procedure as 
aforesaid is prescribed. 
5. The powers exercised or the functions performed by any non-
Government educational institution or local authority under any law for 
the time being in force shall continue to be so exercised or performed and 
the procedure for the management and operation of provident fund 
(including withdrawals therefrom by the subscribers) and maintenance 
of accounts thereof shall continue: 
Provided that the amount to be deposited in or withdrawn from the 
provident fund shall be deposited in or withdrawn from the Treasury 
through challans or bills to be drawn by the institution or the authority as 
aforesaid. 
Existing 
rules and 
procedures 
to continue. 
6. The subscriber to the provident fund shall be entitled to interest 
on the balance in his provident fund account at the same rate at which a 
State Government employee subscribing to the West Bengal Services 
Provident Fund is entitled on the balance of his provident fund account. 
7. It shall be the duty of every non-Government educational 
institution or local authority to ensure, while operating the provident fund 
under its charge, the observance of the provisions of this Act, failing which 
the State Government may, after giving the institution or the authority, as 
the case may be, and opportunity of making a representation, take such 
action against it as may appear to the State Government to be proper and 
appropriate. 
8. The State Government may, from time to time, issue such 
directions as it may consider necessary for implementation of the 
provisions of this Act and for making the rules or procedures regulating 
the provident fund of the employees of the State Government applicable 
to the employees of the non-Government educational institutions and the 
local authorities, mutatis mutandis. 
Payment of 
interest. 
Non-
Govern-
ment educa-
tional 
institution 
or local 
authority to 
ensure the 
observance 
of the provi-
sions of the 
Act. 
Power to 
issue 
directions. 
9. (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 may be or are required to be prescribed or made by rules. 
Power to 
make rules. 
    
267 

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