The West Bengal State Council Of Higher Education Act, 1994

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XXXVII of 1994 
THE WEST BENGAL STATE COUNCIL OF 
HIGHER EDUCATION ACT, 1994. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 29th July, 1994.] 
[29th July, 1994.] 
An Act to provide for the establishment of a State Council of Higher 
Education in West Bengal. 
WHEREAS there are guidelines laid down by the University 
Grants Commission for the setting up of State Councils of Higher 
Education; 
AND WHEREAS it is expedient to establish a State Council of Higher 
Education in West Bengal, keeping in view the guidelines laid down by 
the University Grants Commission in order to maintain the standards of 
teaching, examination and research in Universities and affiliated colleges 
in West Bengal largely in line with the objectives determined by the 
University Grants Commission, monitor the performance of the affiliated 
colleges in this respect, and strengthen the planning and co-ordination 
of education programmes in higher education so as to (a) fulfil the need 
of the future development, (b) control unplanned expansion, (c) channelise 
higher education in desirable directions on the basis of the socio-economic 
need and academic requirement and, finally, (d) act as a link as far as 
possible between the Universities and the colleges on the one hand and 
the State Government on the other and work closely with the University 
Grants Commission; 
It is hereby enacted in the Forty-fifth Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal State Council of Short title 
Higher Education Act, 1994. 	 and  commence- 
(2) It shall come into force on such date as the State Government ment. 
may, by notification, appoint. 
367 
The West Bengal State Council of Higher Education 
Act, 1994. 
[West Ben. Act 
(Section 2.) 
Definitions. 	 2. In this Act, unless there is anything repugnant in the subject or 
context,— 
(a) "Chairman" means the Chairman of the State Council of 
Higher Education; 
(b) "college" means a college affiliated to a University, and 
includes a Government college, University college, 
engineering or technological college, or medical college. 
Explanation 1.—"Government college" means a college 
maintained and managed by the Government. 
Explanation H.—"University college" means a college 
maintained and managed by a University; 
(c) "degree" means a degree in arts, science, commerce, fine 
arts, engineering, technology, management, law or in any 
other subject recognised by a University in West Bengal, 
and includes a post-graduate degree; 
(d) "diploma" means a diploma awarded on completion of a 
course of study after graduation, but does not include a 
certificate; 
(e) "Government" means the Government of West Bengal; 
(f) "higher education" means an education above the twelfth 
class leading to a degree or diploma; 
(g) "notification" means a notification published in the Official 
Gazette, and the word "notified" shall be construed 
accordingly; 
(h) "prescribed" means prescribed by rules made under this 
Act; 
(i) "State Council" means the West Bengal State Council of 
Higher Education constituted under sub-section (1) of 
section 3; 
(j) "Teacher" means a Lecturer, Assistant Professor, Reader, 
Associate Professor or Professor of a University or a college, 
and includes a Lecturer in senior scale or a Lecturer in 
Selection Grade; 
(k) "University" means a University established under any 
State or Central Act, and includes a Deemed University in 
West Bengal. 
Explanation.—"Deemed University" means an institution 
for higher education, other than a University, declared by 
the Central Government to be deemed to be a University 
under section 3 of the University Grants Commission Act, 3 of 1956. 
1956; 
368 
The West Bengal State Council of Higher Education 
Act, 1994. 
XXXVII of 1994.] 
(Sections 3, 4.) 
(I) "University Grants Commission" means the University 
Grants Commission established under section 4 of the 
3 of 1956. 	 University Grants Commission Act, 1956; 
(m) "Vice-Chancellor" means a Vice-Chancellor of a University, 
and includes the Director of a Deemed University. 
3. (1) The Government may, by notification, constitute a State State Council. 
Council for the purposes of this Act to be called the West Bengal 
State Council of Higher Education, with effect from such date as may 
be specified in the notification. 
(2) The State Council shall be a body corporate with perpetual 
succession and a common seal and shall sue and be sued by the name of 
the West Bengal State Council of Higher Education. 
(3) The headquarters of the State Council shall be located at 
Calcutta. 
4. (1) The State Council shall consist of the following members, Composition 
namely:— of the 
State Council. 
(a) Chairman and Vice-Chairman 
(i) Minister-in-charge, Higher Education, who shall be 
the ex officio Chairman of the State Council; 
(ii) a Vice-Chairman to be appointed by the Government; 
(b) ex officio members 
(i) Secretary, University Grants Commission, or his 
nominee not below the rank of a Joint Secretary, 
University Grants Commission; 
(ii) Secretary, Higher Education, Department of 
Education of the Government; 
(iii) Secretary, Finance Department of the Government; 
(iv) Director of Public Instruction of the Government; 
(v) Director of Technical Education of the Government; 
(vi) Director of Agriculture of the Government; 
other members 
(i) eight Vice-Chancellors of the Universities in West 
Bengal to be nominated by the Government; 
(ii) one member from amongst the Principals of the 
affiliated colleges to be nominated by the 
Government; 
(iii) three teachers from amongst the Teachers of the 
Universities conducting post-graduate courses to be 
nominated by the Government; 
(c) 
369 
The West Bengal State Council of Higher Education 
Act, 1994. 
[West Ben. Act 
(Section 5.) 
(iv) two teachers from amongst the Teachers of the 
affiliated colleges conducting undergraduate courses 
to be nominated by the Government; 
(v) one eminent educationist to be nominated by the 
Government; 
(vi) one member nominated by the Government from 
amongst the eminent scientists; 
(vii) one member, who shall represent the industry, to be 
nominated by the Government; 
(viii) one technical expert to be nominated by the 
Government; 
(ix) one Member-Secretary to be appointed by the 
Government. 
(2) Every appointment or nomination under this section shall, except 
in the case of ex officio members, take effect from the date on which 
such appointment or nomination is made by the Government. 
Terms and 
conditions of 
service of 
Chairman, 
Vice-
Chairman 
and members. 
5. (1) The Vice-Chairman and other members (other than an ex 
officio member) shall be appointed by the Government ordinarily for a 
term of four years and shall be eligible for re-appointment for a second 
term: 
Provided that a person who has not attained the age of sixty-five 
years shall be eligible to be appointed as Vice-Chairman: 
Provided further that it shall be competent for the Government to 
make any appointment under this sub-section for a term of less than four 
years if it considers necessary so to do: 
Provided also that the Vice-Chairman or any other member (other 
than an ex officio member) who incurs any disqualification under the 
rules made in this behalf shall cease to hold the office of Vice-Chairman 
or member. 
(2) The Vice-Chairman or any other member (other than an ex officio 
member) may resign his office by writing under his hand addressed to 
the Government, and every such resignation shall take effect from the 
date on which it is accepted by the Government. 
(3) The Vice-Chairman or any other member (other than an ex officio 
member) shall not be removed from his office except by an order of the 
Government on the ground of wilful omission or refusal to carry out the 
provisions of this Act or abuse of the powers vested on him and after 
such inquiry as may be ordered by the Government when such Vice-
Chairman or member, as the case may be, shall be given an opportunity 
of making his representation against such removal. 
370 
The West Bengal State Council of Higher Education 
Act, 1994. 
XXXVII of 1994.] 
(Sections 6-8.) 
(4) When a person is qualified to be a member of the State Council 
by virtue of his representing a particular institution or interest, he shall 
cease to be a member of the State Council when he ceases to represent 
such institution or interest. 
(5) If any casual vacancy occurs in the office of the Vice-Chairman 
or any other member (other than an ex officio member), whether by 
reason of his death, resignation or inability to discharge his functions 
owing to illness or other incapacity or for any other reason, such vacancy 
shall be filled by the Government as soon as may be in the manner 
provided in sub-section (1). Such Vice-Chairman or nominated or 
appointed member shall hold office only for the remainder of the term 
for which the person whose place he fills would have remained as 
the Vice-Chairman or nominated or appointed member, as the case 
may be. 
(6) The office of the Vice-Chairman and the Member-Secretary shall 
be whole-time and salaried, and the other terms and conditions of service 
of the Vice-Chairman and other members shall, subject to the provisions 
of this sub-section, be such as may be prescribed. 
(7) The Chairman, the Vice-Chairman and the Member-Secretary 
shall exercise such powers and perform such functions as may be 
prescribed. 
6. The State Council shall meet at such times and places, and 
shall observe such rules of procedure in regard to the transanction of 
business at its meetings, as may be provided by regulations made under 
this Act. 
7. No act or proceedings of the State Council shall be deemed to be 
invalid by reason of any vacancy in, or any defect in the Constitution of, 
the State Council. 
8. The State Council may associate with it in such manner and for 
such purpose as may be prescribed any person whose assistance or 
advice is required for carrying out its work. A person associated with 
the State Council for such purpose shall have the right to take part in 
the discussions relevant to such purpose but shall not have the right to 
vote at a meeting of the State Council and shall not be a member for any 
other purpose. The State Council may associate with it members of 
Medical, Engineering and Agricultural Universities and such other 
expert bodies as the Government may, by order, specify with a view to 
developing co-ordination among the Universities. 
Meetings of 
the State 
Council. 
Vacancies 
amongst 
members or 
defect in 
Constitution 
not to 
invalidate acts 
or proceedings 
of the State 
Council. 
Temporary 
association 
of persons 
with the State 
Council for 
particular 
purpose. 
371 
The West Bengal State Council of Higher Education 
Act, 1994. 
[West Ben. Act 
(Sections 9-11.) 
Staff of the 
State 
Council. 
Authentica-
tion of 
orders and 
other instru-
ments of the 
State 
Council. 
Powers and 
functions of 
the State 
Council. 
9. (1) The State Council may appoint officers, other than Secretary, 
and other employees with the previous approval of the Government from 
time to time in accordance with the prescribed guidelines. 
(2) The classification and methods of recruitment, conditions of 
service, pay and allowance, disciplinary conduct and functions and 
responsibilities of the officers and other employees referred to in sub-
section (1) shall be such as may be prescribed. 
10. All orders and decisions of the State Council shall be 
authenticated by the signature of the Chairman or any other member 
authorised by the State Council in this behalf, and all other instruments 
issued by the State Council shall be authenticated by the signature of the 
Secretary or any other officer of the State Council authorised in the like 
manner in this behalf. 
11. (1) It shall be the general duty of the State Council to co-ordinate 
and determine standards in institutions of higher education or research 
and scientific and technical institutions in accordance with the guidelines 
issued by the University Grants Commission from time to time. 
(2) The functions of the Council shall include—
(1) Planning and co-ordination— 
(a) to prepare consolidated programmes in the sphere of 
higher education in the State, keeping in view the 
guidelines that may be issued by the University Grants 
Commission from time to time, and to assist in their 
implementation, bearing in mind the overall priorities 
and perspectives of higher education in the State; 
(b) to co-operate with the University Grants Commission 
in respect of determination and maintenance of 
standards of higher education and suggest remedial 
action, wherever necessary; 
(c) to evolve perspective plans for development of higher 
education in the State; 
(d) to forward the developmental programmes of 
Universities and colleges in the State to the University 
Grants Commission along with its comments and 
recommendations; 
(e) to monitor the progress of implementations of such 
developmental programmes; 
(f) to promote co-operation and co-ordination of the 
educational institutions among themselves and explore 
the scope for interaction with industry and other related 
establishments; 
372 
The West Bengal State Council of Higher Education 
Act, 1994. 
XXXVII of 1994.] 
(Section 11.) 
(g) to formulate the principles as per the guidelines of the 
Government and the University Grants Commission 
for starting new educational institutions, keeping in 
view the various norms and requirements to be fulfilled; 
(h) to suggest ways and means of mending additional 
resources for education in the State; 
(i) to work in liaison with the All India Council for 
Technical Education, Indian Council of Agricultural 
Research and other national level apex bodies or 
authorities on higher education in different areas of 
higher education. 
(2) Academic functions— 
(a) to encourage and promote innovations in curricular 
development, restructuring of courses and updating of 
syllabi in the Universities and the colleges; 
(b) to devise methods and steps to improve the standards 
of examinations conducted by the Universities and 
suggest necessary reforms; 
(c) to facilitate training of Teachers in colleges and 
Universities; 
(d) to develop programmes for grater academic co-
operation and interaction between University Teachers 
and college Teachers and to facilitate mobility of 
students and Teachers within and outside the State; 
(e) to conduct entrance examination for admission to 
institutions of higher education and render advice on 
admissions; 
to encourage sports, games, physical education and 
cultural activities in the Universities and colleges; 
(h) to encourage extension activities and promote 
interaction with agencies concerned with regional 
planning and development of higher education; 
to prepare an overview report on the working of 
the Universities and the colleges in the State and to 
furnish a copy of the report to the University Grants 
Commission and the Government; 
(1) to perform such other function as may be prescribed 
for promoting excellence in higher education and 
scientific research. 
(f) 
(i) 
373 
(3) 
The West Bengal State Council of Higher Education 
Act, 1994. 
[West Ben. Act 
(Sections 12, 13.) 
Advisory functions— 
(a) to advise the Government— 
(i) in determining the block maintenance grants 
and in laying down the basis for such grants; 
(ii) on setting up a State Research Board so as to 
link research work of educational institutions 
with that of the research agencies and industry, 
keeping in view the overall research needs of 
the State; 
(iii) regarding improvement on the laws relating to 
the Universities including laws relating to the 
establishments of new Universities; 
(iv) on the policy of "earning while learning"; 
(v) towards performing any other functions 
necessary for the furtherance of higher education 
in the State; 
(b) to advise the Universities to make new Statutes, 
Ordinances or Regulations on the basis of the respective 
University Act or to amend the existing Statutes, 
Ordinances or Regulations, where necessary, keeping 
in view the various norms and requirements to be 
fulfilled. 
Fund of the 
State 
Council. 
Release of 
grants in aid 
to the 
Universities, 
institutions, 
etc. 
12. (1) The State Council shall have its own Fund to be called 
the West Bengal State Council of Higher Education Fund (hereinafter 
referred to as the Fund) consisting of the grants from the Government, 
grants received from the Central Government for higher education and 
such other funds as may be received by the State Council from any other 
source. 
(2) The Government may pay to the State Council in each financial 
year such sum as may be considered by the Government to be necessary 
for the functioning of the State Council. 
(3) All money belonging to the Fund and all receipts of the State 
Council shall be deposited or invested in such manner as may be 
prescribed. 
(4) The State Council may spend such sums as it may think fit for 
performing its functions under this Act, and such sums shall be treated 
as expenditure payable out of the Fund of the State Council. 
13. (1) It shall be the duty of the State Council to allocate grants to 
different Universities and degree colleges in the State from out of the 
fund received by it under sub-section (1) of section 12 and release the 
same to the concerned Universities and colleges. 
374 
The West Bengal State Council of Higher Education 
Act, 1994. 
XXXVII of 1994.] 
(Sections 14-16.) 
(2) Notwithstanding anything contained in any law for the time being 
in force, the State Council shall have the right to cause an enquiry to be 
made by such person or persons as it may consider necessary into the 
grants made by it to a University or a college or into any expenditure 
made thereof after giving previous notice to such University or college, 
as the case may be, of its intention to cause such enquiry. 
14. (1) The State Council shall prepare an annual financial statement 
on or before such date as may be prescribed, of the estimated capital and 
revenue receipts and expenditure for the ensuing year and submit the 
same to the Government. 
(2) The statement as aforesaid shall include a statement of salaries 
and allowances of members, officers and employees of the State Council 
and of such other particulars as may be prescribed. 
(3) The Government shall, as soon as may be after the receipt of 
such statement, cause it to be laid before the State Legislature. 
(4) The State Council shall take into consideration any observations 
made on such statement in the State Legislature. 
(5) The State Council may, at any time during the year in respect of 
which a statement under sub-section (1) has been submitted, submit to 
the Government a supplementary statement, and the provisions of this 
section shall apply to such supplementary statement as they apply to 
the statement under sub-section (1). 
15. The State Council shall prepare once in every year, in such form Annual 
and at such time as may be prescribed, an annual report giving a true repoit 
and full account of its activities during the previous year, and copies 
thereof shall be forwarded to the Government, and the Government shall 
cause the same to be laid before the State Legislature. A copy of the 
report shall also be sent to the University Grants Commission. 
16. (1) The State Council shall cause to be maintained such books 
of account and other books in relation to its accounts in such form and in 
such manner as may be prescribed. 
(2) The State Council shall, as soon as may be after closing its 
annual accounts, prepare a statement of accounts in such form, and 
forward the same to the Government by such date, as the Government 
may determine. 
(3) The accounts of the State Council shall be audited by such 
authority, at such times, and in such manner, as may be prescribed. 
(4) The annual accounts of the State Council together with the audit 
report thereon shall be forwarded to the Government and the Government 
shall cause the same to be laid before the State Legislature, and shall 
also forward a copy of the audit report to the State Council for taking 
appropriate action on the matters arising out of the audit report. 
Annual 
financial 
statement. 
Accounts 
and Audit. 
375 
The West Bengal State Council of Higher Education 
Act, 1994. 
[West Ben. Act 
(Sections 17-20.) 
Directions 
by the 
Government. 
Returns and 
information. 
Inspection 
and enquiry. 
Revision, 
17. (1) In the discharge of its functions under this Act, the State 
Council shall be guided by such directions on questions of policy relating 
to State purposes or in case of any emergency as may be given to it by 
the Government. 
(2) If any dispute arises between the Government and the State 
Council as to whether a question is or is not a question of policy relating 
to State purposes or whether an emergency has arisen, the decision of 
the Government thereon shall be final. 
18. (1) The State Council shall furnish to the Government such 
return or other information with respect to its property or activities as 
the Government may from time to time require. 
(2) The State Council shall be competent to seek such returns, reports 
and information from any University or college as it may consider 
necessary for the performance of its functions. 
19. (1) The Government shall have the right to cause an inspection 
to be made by an officer, not below the rank of Joint Secretary to the 
Government, authorised by it, of the State Council and also to cause an 
inquiry to be made into the work done by the State Council in respect of 
any matter entrusted to it. The Government shall in every case give 
notice to the State Council of its intention to cause such inspection 
or inquiry to be made and the State Council shall be entitled to be 
represented thereat. The officer making the inspection or inquiry shall 
inform the Government of the results thereof. 
(2) The Government shall communicate to the State Council its views 
with reference to the results of such inspection or inquiry and may advise 
the State Council on the action to be taken. - 
(3) The State Council shall, within such time as the Government 
may fix, report to it the action, if any, which is proposed to be taken, or 
has been taken, upon such advice. 
(4) The Government may, where action has not been taken by the 
State Council within the time as aforesaid to its satisfaction, issue such 
directions as it may think fit, and the State Council shall comply with 
such directions. 
20. The Government may, either suo motu or on an application made 
to them, call for and examine the records of any order passed or decision 
taken by the State Council under the provisions of this Act, for the purpose 
of satisfying itself as•to the legality or propriety of such order or decision 
or as to regularity of such procedure, and pass such order with respect 
thereto as it may think fit: 
376 
The West Bengal State Council of Higher Education 
Act, 1994. 
XXXVII of 1994.] 
(Sections 21-23.) 
Provided that no such order shall be made except after giving the 
State Council or the person likely to be affected thereby a reasonable 
opportunity of being heard. 
21. (1) The Government may, by notification, make rules for carrying 
out all or any of the purposes of this Act. 
(2) Every rule made under this Act and every order made under 
section 23 shall, as soon as may be after it is made, be laid before the 
State Legislature and if, before the expiry of the session in which it is so 
laid or the next session, the State Legislature makes any modification in 
any such rule or order, or the State Legislature decides that the rule or 
the order should not be made, the rule or the order shall thereafter 
have effect only in such modified form 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 or order. 
Power to 
make rules. 
22. (1) The State Council may make regulations consistent with this Power to 
Act and the rules made thereunder,— 	 make 
regulations. 
(2) No regulation shall be made under this section except with the 
previous approval of the Government. 
23. If any difficulty arises in giving effect to the provisions of this 
Act, the Government may make such order, not inconsistent with the 
provisions of this Act, as appears to it to be necessary or expedient for 
removing the difficulty. 
Power to 
remove 
difficulties. 
    
(a) regulating the meeting of the State Council and the procedure 
for conducting business thereat; and 
(b) regulating the manner in which and the purposes for 
which persons may be associated with the Council under 
section 8. 
377 

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