The West Bengal State Council of Technical Education Act, 1995

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XXI of 1995 
THE WEST BENGAL STATE COUNCIL OF 
TECHNICAL EDUCATION ACT, 1995. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 10th January, 19961 
[10th January, 1996.] 
An Act to provide for the establishment of an autonomous State 
Council of Technical Education in West Bengal. 
WHEREAS there are guidelines laid down by the All-India Council for 
Technical Education and the Expert Committee under the Chairmanship 
of Dr. S. K. Sen, the then Vice-Chancellor, Jadavpur University, for the 
setting up of an autonomous State Council for Technical Education as a 
statutory body; 
AND WHEREAS it is expedient to establish a State Council of Technical 
Education in West Bengal, keeping in view the guidelines laid down by 
the Expert Committee as aforesaid in order to re-organise the present 
set-up of the State Council for Engineering and Technical Education, 
West Bengal, so as to develop the standard of technical education in 
West Bengal and to make that standard at par with the standard prevailing 
at all-India level, to implement the programme of strengthening the 
technical education, and to monitor the performance of affiliated 
polytechnics; 
It is hereby enacted in the Forty-sixth Year of the Republic of India, 
by the Legislature of West Bengal, as follows:— 
CHAPTER I 
Preliminary. 
1. (1) This Act may be called the West Bengal State Council of 
Technical Education Act, 1995. 
(2) It shall come into force on such date as the State Government 
may, by notification, appoint. 
Short title 
and 
commence-
ment. 
299 	 _ 
The West Bengal State Council of Technical 
Education Act, 1995. 
[West Ben. Act 
(Chapter 1.—Preliminary.—Section 2.) 
Definitions. 2. In this Act, unless the context otherwise requires,— 
(a) "affiliated" in relation to a polytechnic or a technical institu-
tion means affiliated to the Council under this Act; 
(b) "Chairman" means the Chairman of the Council; 
(c) "Council" means the West Bengal State Council of Technical 
Education established under this Act; 
(d) "Fund" means the West Bengal State Council of Technical 
Education Fund referred to in sub-section (1) of section 20; 
(e) "member" means a member of the Council, and includes the 
Chairman and the Vice-Chairman; 
(f) "notification" means a notification published in the Official 
Gazette; 
(g) "polytechnic" means an institution in which instruction is 
provided for courses of study in technical education leading 
to a diploma of the Council; 
(h) "prescribed" means prescribed by rules made under this Act; 
(i) "recognised" in relation to an affiliated polytechnic or 
technical institution means recognised by the All-India 
Council for Technical Education; 
(j) "regulation" means a regulation made under this Act; 
(k) "rule" means a rule made by the State Government under 
this Act; 
(1) "technical education" means a systematic course of 
instruction, research and training in the subject of 
engineering, technology, architecture, management, 
pharmacy, applied arts and crafts and such other subject as 
the State Government, in consultation with the Council, may, 
by notification, declare; 
(m) "technical institution" means an educational institution in 
which instruction is provided for courses of study in 
engineering, technology, or management leading to any 
diploma or post-diploma certificate, and includes such other 
institutions as the State Government, in consultation with 
the Council, may, by notification, declare as technical 
institutions. 
300 
The West Bengal State Council of Technical 
Education Act, 1995. 
XXI of 1995.] 
(Chapter IL—The Council.—Sections 3, 4.) 
CHAPTER II 
The Council. 
3. (1) The State Government shall, as soon as may be after this 
Act comes into force, establish a Council to be called the West Bengal 
State Council of Technical Education. 
(2) The Council shall be a body corporate with perpetual succession 
and a common seal, shall be entitled to acquire, hold and dispose of 
property, to enter into contracts and to do all other things necesary for 
the purposes of this Act, and shall by its name sue and be sued. 
(3) The head office of the Council shall be located at Calcutta and 
the Council may, with the prior approval of the State Government, 
establish offices at any other places in West Bengal. 
4. The Council shall consist of the following members:— 	 Composition 
(a) Chairman and Vice-Chairman 	 of Council.  
(i) the Minister-in-charge of Department of Technical 
Education and Training, Government of West Bengal, 
who shall be the ex-officio Chairman; 
(ii) a Vice-Chairman to be appointed by the State 
Government. 
(b) ex-officio members 
(i) the Regional Officer, Ministry of Human Resource 
Development, Government of India; 
(ii) the Secretary, Department of Technical Education and 
Training, Government of West Bengal, or his nominee 
not below the rank of Joint Secretary to the Government 
of West Bengal; 
(iii) the Secretary, Finance Department, Government of 
West Bengal, or his nominee not below the rank of 
Joint Secretary to the Government of West Bengal; 
(iv) the Secretary, Department of Science and Technology 
and Non-conventional Energy Sources, Government 
of West Bengal, or his nominee not below the rank of 
Joint Secretary to the Government of West Bengal; 
(v) . the Director, Bengal Engineering College (Deemed 
University), Shibpur, Howrah; 
(vi) the Director of Technical Education, Government of 
West Bengal; 
(vii) the Director of School Education, Government of West 
Bengal; 
(viii) the Principal, Technical Teachers' Training Institute; 
(ix) the Secretary of the Council, who shall be the Member-
Secretary; 
Establishment 
and 
incorporation 
of Council. 
301 
The West Bengal State Council of Technical 
Education Act, 1995. 
[West Ben. Act 
(Chapter 11.—The Council.—Section 4.) 
(c) other members 
(i) two members of whom— 
(1) one shall be a Professor of the Faculty Council 
for Post-graduate Studies in Engineering and 
Technology of University of Calcutta, nominated 
by the Vice-Chancellor of that University, and 
(2) one shall be a Professor of the Faculty Council 
for Post-graduate and Undergraduate Studies 
in Engineering and Technology of the Jadavpur 
University, nominated by the Vice-Chancellor of 
that University; 
(ii) two persons to be nominated by the State Government 
from amongst the technical experts connected with 
any industry; 
(iii) six whole-time permanent members of the staff of 
polytechnics of whom— 
(1) one shall be a Principal, 
(2) three shall be lecturers in Engineering, 
(3) one shall be from the Lecturers in Science and 
Humanities, and 
(4) one shall be teaching staff other than Lecturer 
in Engineering and Lecturer in Science and 
Humanities as mentioned in items (2) and (3), 
to be nominated in such manner as the State 
Government may determine; 
(iv) one representative of the All-India Council of 
Technical Education to be nominated by that Council; 
(iva) two representatives of the students of polytechnics to 
be nominated by the State Government; 
(v) one representative of the Institute of Engineers, India; 
(vi) one representative of the Indian Society for Technical 
Education; 
(vii) one representative of the Pharmacy Council of India; 
(viii) one representative of the Confederation of Indian 
Industries (Eastern Region); 
(ix) two members of the West Bengal Legislative Assembly 
nominated by the State Government. 
302 
The West Bengal State Council of Technical 
Education Act, 1995. 
XXI of 1995.] 
(Chapter IL—The Council.—Sections 5-8.) 
5. The name of every person nominated or appointed under 
section 4 as a member of the Council shall be published in the Official Gazette as soon as may be after the nomination or appointment, as the 
case may be. 
6. (1) Subject to the provisions of this Act, a nominated or appointed 
member of the Council shall hold office for a term of five years from the 
date on which his name is published under section 5 and may, on the 
expiry of such term, be re-nominated or re-appointed. 
(2) Notwithstanding the expiry of the term of five years specified 
in sub-section (1), a nominated or appointed member of the Council 
shall continue to hold office until the vacancy caused by the expiry of the 
said term has been filled up in accordance with the povisions of this Act. 
7. If any member dies or resigns his office or ceases to be a member 
for any other reason, the vacancy in the office of the member shall be 
filled up by a fresh nomination or appointment under section 4, and the 
member so nominated or appointed shall hold office for the unexpired 
portion of the term of office of the member in whose seat he is so 
nominated or appointed. 
8. (1) The Vice-Chairman and other members (other than ex-officio 
members) shall be appointed by the State Government: 
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 State Government 
to make any appointment under this sub-section for a term of less than 
five years if it consider 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 State Government, and every such resignation shall take effect 
from the date on which it is accepted by the State Government. 
(3) The Vice-Chairman or any other member (other than an ex-officio member) shall not removed from his office except by an order of 
the State Government on the ground of wilful omission or refusal to 
Publication 
of names of 
nominated or 
appointed 
members of 
Council. 
Term of office 
of members 
of Council. 
Casual 
vacancy. 
Terms and 
conditions of 
service of 
Vice-
Chairman 
and other 
members. 
303 
The West Bengal State Council of Technical 
Education Act, 1995. 
[West Ben. Act 
Meeting of 
Council. 
Vacancies 
amongst 
members or 
defect in 
constitution 
not to 
invalidate 
acts or 
proceedings 
of Council. 
(Chapter 11.—The Council.—Sections 9, 10.) 
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 State Government when 
such Vice-Chairman or other member, as the case may be, shall be given 
an opportunity of making his representation against such removal. 
(4) When a person is qualified to be a member of the Council by 
virtue of his representing a particular institution or interest, he shall 
cease to be a member of the 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 State Government as soon as may be in the manner 
provided in sub-section (1). Such Vice-Chairman or other nominated or 
appointed member shall hold office only for the remainder of the term of 
office for which the person in whose seat he is so nominated or appointed 
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. 
9. The Council shall meet at such times and places, and shall observe 
such rules of procedure in regard to the transaction of business at its 
meetings, as may be provided by regulations made under this Act. 
10. No act or proceedings of the Council shall be deemed to be invalid 
by reason of any vacancy in, or any defect in the constitution of, the 
Council. 
304 
The West Bengal State Council of Technical 
Education Act, 1995. 
XXI of 1995.] 
(Chapter 11.—The Council.—Sections 11-14.) 
11. The Council may associate with it in such manner and for such 
purpose as may be prescribed any person whose assistance or advise is 
required for carrying out its work. A person associated with the 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 
Council and shall not be a member for any other purpose. The Council 
may associate with it members of medical, engineering and agricultural 
unversities and such other expert bodies as the State Government may, 
by order, specify with a view to developing co-ordination among the 
universities. 
Temporary 
association 
of persons 
with Council 
for particular 
purpose. 
12. (1) The Council shall have a Secretary who shall be appointed Staff of 
by the State Government. 	 Council.  
(2) The Council may appoint from time to time officers (other than 
Secretary) and other employees with the previous approval of the State 
Government and in accordance with such guidelines as may be prescribed. 
(3) The classification and methods of recruitment, conditions of 
service, pay and allowances, disciplinary conduct and functions and 
responsibilities of the officers and other employees referred to in sub-
section (2) shall be such as may be provided by regulations. 
(4) Subject to the general control and supervision of the Vice-
Chairman, the Secretary shall be the principal administrative officer of 
the Council. He shall be entitled to attend and speak at any meeting of 
the Council and shall also be entitled to vote. 
13. All orders and decisions of the Council shall be authenticated by 
the signature of the Chairman or any other member authorised by the 
Council in this behalf, and all other instruments issued by the Council 
shall be authenticated by the signature of the Secretary or any other officer 
of the Council authorised in the like manner in this behalf. 
Authenticat-
ion of orders 
and other 
instruments 
of Council. 
14. Such members of the Council or of any committee, sub-committee Travelling 
or board constituted under this Act as are not in the service of the State allowance. 
Government shall, in respect of expenses incurred by them in attending 
meetings of the Council or of any such committee, sub-committee or 
board or in exercising any powers or performing any duties conferred or 
imposed upon them by or under this Act, be paid by the Council such 
allowances, and at such rates, as may be prescribed. 
305 
The West Bengal State Council of Technical 
Education Act, 1995. 
[West Ben. Act 
(Chapter 111.—Powers and functions of the Council.—Section 15.) 
CHAPTER III 
Powers and functions of the Council. 
Powers and 	 15. (1) Subject to the provisions of this Act, the Council shall functions of 
Council. 	 perform the following functions:— 
(i) to undertake survey in various fields of technical education, 
collect data on all related matters and make forecast of 
required growth and development in technical education; 
(ii) to co-ordinate development of technical education in West 
Bengal at all levels; 
(iii) to promote innovation, research and development in 
established and new technologies, and generation, adoption 
and adaptation of new technologies to meet development 
requirements for overall improvement of educational 
processes; 
(iv) to formulate schemes for promoting technical education for 
women, handicapped and weaker sections of the society; 
(v) to promote an effective link between technical education 
system and other relevant systems including research and 
development organisations, industry and community; 
(vi) to evolve suitable performance appraisal systems for 
technical institutions imparting technical education, 
incorporating norms and mechanisms for enforcing 
accountability; 
(vii) to formulate schemes for initial and in-service training of 
teachers and identify institutions or centres, and set up new 
centres for staff development programmes including 
continuing education of teachers; 
(viii) to lay down norms and standards for courses, curricula, 
physical and instructional facilities, staff pattern, 
staff qualifiactions, quality instructions, assessment and 
examinations; 
(ix) to take all necessary steps to prevent commercialisation of 
technical institutions; 
(x) to provide guidelines for admission of students to technical 
institutions; 
(xi) to inspect or cause inspection of any technical institution; 
(xii) to formulate proposals for strengthening existing 
organisations, and to set up new organisations, to ensure 
effective discharge of the Council's responsibilities; 
306 
The West Bengal State Council of Technical 
Education Act, 1995. 
XXI of 1995.] 
(Chapter 111.—Powers and functions of the Council.—Section 15.) 
• (xiii) to set up a State Board of Accreditation, to periodically 
conduct examination of technical institutions on 
performances on the basis of guidelines, norms and 
standards specified by the All-India Council of Technical 
Education and to make necessary recommendation for 
appropriate action in this regard; 
(xiv) to conduct examinations for the promotion of students 
belonging to recognised polytechnics or institutions from 
lower to higher classes, and also to conduct final diploma 
and post-diploma examinations; 
(xv) to arrange for the publication of results of examinations and 
for the grant of certificates and deplomas to students who 
have satisfactorily completed the course of study in any 
recognised polytechnic or institution and have passed the 
examinations conducted for the purpose; 
(xvi) to advise the State Government on all matters relating to 
technical education and training in West Bengal; 
(xvii) to institute and award fellowships (including travelling 
fellowship), scholarships and studentships, and to award 
prizes and distinction certificate; 
(xviii) to exercise disciplinary jurisdiction over the students with 
regard to any matter pertaining to the conduct of examination 
for award of certificates or diplomas; 
(xix) to co-operate and collaborate, in such manner as it may deem 
fit, with any body or authority established under any law of 
the State Legislature or Parliament in promoting general or 
higher secondary education or education in agriculture, art, 
commerce or medicine or in any vocational education; 
(xx) to administer the Fund; 
(xxi) to institute and administer such Provident Fund of the staff 
of the Council as may be prescribed; 
(xxii) to make rules and bye-laws relating to conduct, discipline 
and appeal in respect of the members of the staff of the 
Council; 
(xxiii) to allow transfer of students from one polytechnic to another; 
(xxiv) to delegate, by notification, to any recognised polytechnic 
or institution such of its powers, and on such conditions, as 
it may think fit; 
307 
The West Bengal State Council of Technical 
Education Act, 1995. 
Powers and 
functions of 
Vice-
Chairman. 
[West Ben. Act 
(Chapter 111—Powers and functions of the Council.—Section 16.) 
(xxv) to exercise such other powers, and to perform such other 
functions, as may be assigned to it by the State Government 
under this Act for carrying out purposes of this Act; 
(xxvi) to provide by regulations, after considering the 
recommendations of the examination committee, if any, the 
rates of remuneration to be paid to the paper-setters, 
moderators, tabulators, examiners, invigilators, supervisors 
and other employed in connection with the examinations 
instituted by the Council, and the fees to be paid by 
the candidates for such examinations; 
(xxvii) to grant or refuse permission to candidates to appear at 
examinations instituted by the Council-and to withdraw such 
permission, if it thinks fit, in accordance with such 
regulations as may be made in this behalf; 
(xxviii) to provide by regulations the procedure for filing and disposal 
of appeals by the members of the teaching and non-teaching 
staff against the decision of the managing committee of 
recognised polytechnics or institutions. 
(2) Subject to the provisions of sub-section (1), the Council shall 
have the power to make regulations in respect of any matter for the proper 
exercise of its powers under this Act. 
(3) No regulation shall be valid unless it is approved by the State 
Government, and the State Government may, while according such 
approval, make such additions, alterations or modifications therein as it 
thinks fit: 
Provided that before making such additions, alterations or 
modifications, the State Government shall give the Council an opportunity 
to express its views thereon within such period, not exceeding one month, 
• as may be specified by the State Government. 
(4) All regulations approved by the State Government shall be 
published in the Official Gazette. 
16. (1) The Vice-Chairman shall be responsible for carrying out and 
giving effect to the decisions of the Council and of any committee or 
body constituted by it under this Act. 
(2) The Chairman may, in any emergency, exercise any of the powers 
of the Council provided, however, that he shall act contrary to any 
decisions of the Council and shall report to the Council the action taken 
by him together with the reasons thereof. 
308 
The West Bengal State Council of Technical 
Education Act, 1995. 
XXI of 1995.] 
(Chapter IV—Committee etc. of the Council.—Sections 17, 18.) 
(3) The Vice-Chairman shall— 
(a) exercise general supervision over the Secretary and the 
members of the staff appointed by the Council and shall 
post and transfer the members of the staff; 
(b) sanction all claims of travelling allowance; and 
(c) take such other action, not inconsistent with any decision of 
the Council, as he may consider necessary for the proper 
functioning of the Council under this Act. 
CHAPTER IV 
Committee etc. of the Council. 
17. (1) The Council shall constitute a Committee to be called the 
Executive Committee for performing such functions as may be assigned 
to it by the Council. 
(2) The Vice-Chairman and the Member-Secretary of the Council 
shall respectively function as the Chairman and the Member-Secretary 
of the Executive Committee. 
(3) The Vice-Chairman shall preside at the meetings of the Executive 
Committee and shall be entitled to vote on any matter, and shall have a 
second or casting vote in every case of equality of votes. 
(4) The Executive Committee shall meet at such time and place and 
shall observe such rules of procedures in regard to the transactions of 
business at its meetings (including the quorum of such meeting) as the 
Council may provide by regulations. 
18. (1) The Council shall constitute— 
(a) a Board of Studies for all the branches of engineering, 
technology, safety and such other disciplines as the 
Council may consider necessary; 
(b) A Board of Examinations to look after, and manage, all 
matters relating to examinations in different branches 
of engineering and technology and in such other 
disciplines as the Council may require, and shall arrange 
for publication of results of such examination. 
(2) The Council may, if it considers necessary, establish such other 
Board of Studies and committees as it may think fit. 
(3) The Board of Studies shall advise the Council on academic 
matters, including norms, standards, curricula, facilities, and structure 
of courses of study, falling in its area of concern. 
Executive 
Committee 
of Council. 
Board of 
Studies. 
309 
B udget. 
The West Bengal State Council of Technical 
Education Act, 1995. 
[West Ben. Act 
(Chapter V.—Finance, Accounts and Audit.—Section 19.) 
(4) The constitution, powers, functions, and area of concern of the 
Boards of Studies shall be such as the Council may provide by regulations. 
(5) The Boards of Studies may be composed, wholly or in part, of 
the members of the Council. 
CHAPTER V 
Finance, Accounts and Audit. 
19. (1) The Council shall prepare in such form and at such time 
each year as may be prescribed a budget estimate in respect of the financial 
year next following showing the estimated receipts and expenditure, and 
the copies thereof shall be forwarded to the State Government after its 
confirmation by the Council at its annual meeting. 
(2) (a) The State Government shall, within two months of the receipt 
of the budget estimate, either accord its approval to the same 
or return it to the Council with such comments and 
suggestions as it deems necessary, if, in its opinion, such 
budget estimate— 
(i) is not reasonably accurate with reference to ascertainable 
facts or shows a deficit in the closing balance; 
(ii) includes new items of recurring expenditure which are 
likely to impose upon the Council in the future financial 
liabilities which the Council is not likely to be able to 
meet from its income; or 
(iii) includes provisions for expenditure which are not in 
accordance with the provisions of this Act. 
(b) If the budget estimate is returned under clause (a), the.  Council 
shall consider the comments and suggestions made by the 
State Government and may, if it thinks fit, revise the said 
budget estimate. The Council shall, then, either resubmit 
the budget estimate as so revised to the State Government 
or, if it does not think fit to revise the budget estimate, 
resubmit it in its original form to the State Government within 
one month of receiving it together with its replies on the 
comments and suggestions made by the State Government. 
(c) If the State Government does not approve of the budget 
estimate as revised by the Council or if the budget estimate 
is returned by the Council without revision, the State 
Government may amend the budget estimate by making— 
(i) such modification as are, in its opinion, necessary to 
render the budget estimate reasonably accurate with 
reference to ascertainable facts or to balance the receipts 
and expenditure, 
310 
The West Bengal State Council of Technical 
Education Act, 1995. 
XXI of 1995.1 
(Chapter V.—Finance, Accounts and Audit.—Sections 20, 21.) 
(ii) additions, alternations or modifications in any provision 
relating to new items of expenditure of a recurring 
nature, 
(iii) any alteration or modification in any provision for 
expenditure which, in its opinion, is not in accordance 
with the provisions of this Act, 
and shall, then, forward the budget estimate as so amended 
to the Council. 
(3) If the State Government does not accord its approval to the budget 
estimate under clause (a) of sub-section (2) within two months of the 
receipt thereof, or if the State Government does not communicate its 
approval of the budget estimate to the Council under clause (c) of sub-
section (2) within the 31st March of the financial year immediately 
preceding the financial year to which the budget estimate relates, the 
budget estimate as forwarded to the State Government by the Council 
shall be deemed to have been approved by the State Government and 
shall be the budget estimate of the Council for the financial year to which 
it relates. 
20. The State Government may, after considering the budget estimate, Payment to 
the accounts of the Council and such other reports as it may call for, Council by 
make such annual or periodical grants to the Council as it may think fit: Government. 
State 
Provided that on the estiblislunent of the Council and before the first 
budget estimate is forwarded to the State Government, that Government 
may, after considering such report as it may call for from the Council, 
make such initial grant to the Council as may be considered necessary. 
21. (1) The Council shall have a Fund to be called the West Bengal 
State Council of Technical Education Fund to which shall be credited— 
(a) all sums which may be paid by the State Government 
under section 19; 
(b) all fees realised under any of the provisions of this 
Act; 
(c) all sums representing income from endowments or 
from property owned or managed by the Council; 
and 
(d) all other sums received by or on behalf of the Council 
from any other source whatsoever. 
(2) The Fund shall vest in the Council and shall be under its control 
and shall be held by it in trust for the purposes of this Act. 
Council 
Fund. 
311 
The West Bengal State Council of Technical 
Education Act, 1995. 
Application 
of Fund. 
Annual 
report. 
Accounts. 
Audit. 
[West Ben. Act 
(Chapter V—Finance, Accounts and Audit.—Sections 22-25.) 
(3) All moneys payable to the credit of the Fund shall forthwith be 
paid into the Reserve Bank of India, or the State Bank of India or any 
branch thereof, or the United Bank of India or any branch thereof, to the 
credit of the Fund, and all cheques drawn on the Fund shall be signed by 
the Vice-Chairman or by such other person as he may authorise in writing 
in this behalf. 
22. No expenditure shall be incurred from the Fund except for the 
purposes of this Act and unless such expenditure is provided for in the 
budget estimate as approved under this Act or may be met by 
reappropriation sanctioned in the prescribed manner. 
23. The Council shall prepare once in every year, in such form and 
at such time as may be prescribed, an annual report giving a true and 
full account of its activities during the previous year, and copies thereof 
shall be forwarded to the State Government. 
24. The Council shall keep an account of all its receipts and 
expenditure in the manner prescribed. 
25. (1) The accounts of the Council shall, in such manner as may 
be prescribed, be examined and audited annually by an auditor or auditors 
appointed by the State Government. 
(2) For the purpose of examination and audit under sub-section (1), 
an auditor appointed under that sub-section may— 
(a) require in writing the production before him of any document 
relating to the Council or the assets thereof which he 
considers to be necessary for the proper conduct of the audit; 
(b) require in writing the personal appearance before him of any 
person accountable for, or having the custody or control of, 
any such document to answer any question relating thereto; 
and 
(c) require any person so appearing before him to submit a 
statement in writing in respect of any such document. 
(3) It shall be the duty of the Council and of every member thereof, 
and of the Secretary and the members of the staff in the service of the 
Council, to afford to the auditor every facility for the examination and 
audit of the accounts of the Council and to comply with any requisition 
made by the auditor under sub-section (2) or with the requirement of any 
rule made in this behalf. 
312 
The West Bengal State Council of Technical 
Education Act, 1995. 
XXI of 1995.] 
(Chapter V.—Finance, Accounts and Audit.—Section 26.— 
Chapter W.—Supplementary Provisions.—Sections 27-30.) 
(4) Any person who wilfully neglects or refuse to comply with a 
requisition made under sub-section (2) or with the requirement of any 
rule made in this bahalf shall, on conviction, be punishable with fine 
which may extend to one hundred rupees. 
(5) No complaint in respect of any offence punishable under sub- 
section (4) shall be made except with the previous sanction of the State 
Government. 
. (6) No Magistrate other than a Metropolitan Magistrate or a Judicial 
Magistrate of the first class shall try an offence punishable under sub-
section (4). 
26. (1) Not more than fourteen days after completion of the audit, Audit report. 
the auditor shall submit to the State Government a report on the accounts 
audited, and shall send a copy thereof to the Council which shall forward 
it to the State Government together with its observations thereon. 
(2) The State Government may take such action on the audit report 
as it thinks fit. 
45 of 1860. 
CHAPTER VI 
Supplementary Provisions. 
27. The Council shall furnish to the Government such reports, returns 
and statements as may be prescribed, and such further information on 
any matter relating to the Council as the State Government may require. 
28. The State Government may, by order in writing, specifying the 
reasons thereof, suspend the execution of any resolution or order of the 
Council or any committee constituted under this Act and prohibit the 
doing of any act which purports to be done or is intended to be done 
under this Act, if the State Government is of opinion that such resolution, 
order or act is in excess of the powers conferred by or under this Act 
upon the Council or the committee, as the case may be. 
29. The members of the Council and of every committee constituted 
under this Act, persons in the service of the Council and any person 
appointed under this Act to audit the accounts of the Council shall be 
deemed to be servants within the meaning of section 21 of the Indian 
Penal Code. 
30. No suit, prosecution or other legal proceeding shall lie against 
any person for anything in good faith done or intended to be done under 
this Act. 
Council to 
furnish 
information. 
Power of 
State 
Government 
to suspend 
proceedings. 
Certain 
persons to be 
deemed to be 
public 
servants. 
Indemnity. 
313 
The West Bengal State Council of Technical 
Education Act, 1995. 
[West Ben. Act 
Transitory 
provisions. 
(Chapter VI.—Supplementary Provisions.—Sections 31, 32.) 
31. (1) The Chairman shall make the first regulations for the 
purposes of this Act. 
(2) The first regulations shall remain in force for a period of one 
year from the date of their commencement or until new regulations are 
made by the Council under the provisions of this Act, whichever is earlier. 
Powerto 	 32. (1) The State Government may, after previous publication, make 
make rules. 	 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 following 
matters, namely:— 
(a) the acquisition, possession and disposal of property by the 
Council, the conditions of such acquisition, possession and 
disposal, and performance by the Council of the functions 
referred to in sub-section (2) of section 3; 
(b) the composition, powers and functions of Governing Bodies 
of polytechnics and technical institutions; 
(c) the method of recruitment, the terms and conditions of service 
including the scales of pay and the rules of discipline relating 
to the Secretary of the Council; 
(d) the rates at which the Council shall pay travelling allowance 
to the persons referred to in section 13; 
(e) the Provident Fund referred to in clause (xxi) of sub-section 
(1) of section 14; 
(f) the form in which the budget estimate of the Council, as 
referred to in sub-section (1) of section 18, shall be prepared; 
(g) the manner in which all payments to and from the Fund 
shall be made; 
(h) the manner of reappropriation under section 21; 
(i) the manner and form in which accounts of receipts and 
expenditure shall be kept under section 23; 
(j) the manner in which examination and audit of the accounts 
of the Council shall be made; 
(k) the reports, returns and statements to be furnished by the 
Council under section 26 and the forms of. such reports, 
returns and statements; 
any other matter required to be prescribed or to be provided 
for by rules. 
314 
The West Bengal State Council of Technical 
Education Act, 1995. 
XXI of 1995.] 
(Chapter W.—Supplementary Provisions.—Sections 33-35.) 
33. (1) The resolution No. 3801-Edn., dated 3rd August, 1949, made 
by the State Government constituting the Provisional Council for 
Engineering and Technical Education (hereinafter referred to as the 
former Council) and all subsequent resolutions reconstituting the former 
Council are hereby repealed. 
(2) Upon such repeal,— 
(a) all properties and assets under the control of the former 
Council and all rights, liabilities and obligations acquired 
or by the former Council before the commencement of this 
Act shall vest in the Council in accordance with such order 
as the State Government may make in this behalf; 
(b) all legal proceedings or remedies instituted or enforceable 
by or against the former Council before the commencement 
of this Act may be continued or enforced, as the case may be, 
by or against the Council as established under this Act, or, 
until the Council is so established, by or against such officer 
or authority as the State Government may by order specify; 
(c) all officers and other persons in the employ of the former 
Council immediately before the commencement of this Act 
shall, until other provision is made, continue in the service 
of the Council; 
(d) all recognised polytechnics and technical institutions, if any, 
shall be deemed to have been recognised under this Act until 
the expiration of the period of recognition, subject, however, 
to the power of the Council to withdraw such recognition in 
accordance with the provisions of this Act; and 
(e) all syllabi, courses of studies and text-books in force shall, 
until other provision is made under this Act, continue to be 
followed. 
34. The Council shall, in exercising its powers and performing its 
functions under this Act, be guided by such directions as the State 
Government may, by notification, give from time to time regarding the 
scope and content of technical education. 
35. (1) If, in the opinion of the State Government, the Council— 
(a) has persistently made default in the performance of its 
functions under this Act, or 
(b) has exceed or abused its powers, 
the State Government may, by order published in the Official Gazette 
and stating the reasons therefor, supersede the Council for such period, 
not exceeding two years, as may be specified in the order, and take such 
steps as may be necessary to re-establish the Council immediately on the 
expiry of the period of supersession. 
Repeal, 
saving and 
validation. 
Council to be 
guided by 
directions of 
State 
Government. 
Supersession 
of Council. 
315 
The West Bengal State Council of Technical 
Education Act, 1995. 
[West Ben. Act 
Consequences 
of super-
session. 
Council to 
continue as 
body 
corporate. 
Re- 
establishment 
of Council. 
(Chapter VI--Supplementary Provisions.—Sections 36-38.) 
(2) The State Government may, if it considers necessary so to do, by 
order extend or modify from time to time the period of supersession 
which shall in no case in aggregate exceed three years. 
36. (1) Notwithstanding anything contained in this Act or in any 
other law for the time being in force, with effect from the date of the 
order of supersession under section 34,— 
(a) all the members of the Council and the committees 
constituted under this Act shall vacate their offices; 
(b) all the powers, duties and functions which, under the 
provisions of this Act or any rule or regulation made 
thereunder or of any other law for the time being in 
force, may be exercised or performed by the Council or 
any of the committees of the Chairman or the Vice-
Chairman of the Council, shall be exercised or performed 
by an Administrator to be appointed by the State 
Government in this behalf: 
Provided that an Administrator appointed under this 
clause may delegate any of his powers, duties or functions 
to such person as he may think fit or to such body as 
may be constituted by him; 
(c) the representatives of the Council on every body, statutory 
or otherwise, shall vacate their respective offices as such 
representatives, and the Administrator may nominate 
such person or persons to represent the Council or that 
body as he may think fit. 
(2) The State Government may, by order published in the Official 
Gazette, cancel any order made under section 34 and re-establish the 
Council. 
(3) On the re-establishment of the Council under sub-section (2), 
the Administrator shall cease to exercise his powers and perform his 
duties. 
(4) The terms and conditions of service of the Administrator shall 
be such as may be fixed by the State Government by order made in this 
behalf. 
37. For the removal of doubts, it is hereby declared that an order of 
supersession made under section 34 shall not effect or imply in any way 
the dissolution of the Council as a body corporate. 
38. (1) The State Government shall, by order published in the 
Official Gazette, specify the date on which the Council is re-established 
in accordance with the provisions of section 4. 
316 
The West Bengal State Council of Technical 
Education Act, 1995. 
XXI of 1995.] 
   
(Chapter VL—Supplementary Provisions.—Section 39.) 
• (2) The State Government shall, by order published in the Official Gazette, specify the dates by which the authorities (other than the State 
Government) shall nominate members referred to in section 4. If such 
member or members are not nominated by the specified dates, the State 
Government shall appoint such member or members from amongst the 
persons qualified for such nomination. 
(3) Until the nomination of members referred to in section 4 is made, 
the State Government shall appoint such member or members from 
amongst the persons qualified for nomination under sub-clause (iii) of 
clause (c) of section 4. 
(4) (a) The members appointed under sub-section (2), shall hold 
office until the nomination of members under section 4 is 
made. 
(b) The members appointed under sub-section (3) shall hold 
office until the nomination of members referred to in section 
4 is made and the names of the members so nominated are 
published in the Official Gazette in this behalf. 
39. If any difficulty arises in giving effect to the provisions of this 
Act, the State Government may make such order or do such thing, not 
inconsistent with the provisions of this Act, as appears to it to be necessary 
or expedient for removing the difficulty: 
Provided that no such order shall be made after the expiry of a period 
of two years from the date of publication of this Act in the Official Gazette. 
Power to 
remove 
difficulties. 
    
317 

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