The West Bengal State Health Service Act, 1990

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act VII of 1990 
THE WEST BENGAL STATE HEALTH SERVICE 
ACT, 1990. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 16th May, 1990.] 
[16th May, 1990.] 
An Act to provide for the regulation of the recruitment, and conditions of 
service of persons appointed, to the State Health Service. 
WHEREAS it is expedient, in the public interest, to regulate the 
recruitment, and the conditions of service of persons appointed, to the 
State Health Service; 
It is hereby enacted in the Forty-first 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 Health 
Service Act, 1990. 
(2) It shall come into force on such date as the State Government 
may, by notification, appoint. 
2. In this Act, unless the context otherwise requires,— 
(a) "cadre" means the strength of service or a part of service 
sanctioned by the State Government as a separate unit; 
(b) "former West Bengal Health Service" means the West 
Bengal Health Service in existence immediately before 
the coming into force of this Act; 
(c) "notification" means a notification published in the Official 
Gazette; 
(d) "prescribed" means prescribed by rules made under this Act; 
(e) "service" means the State Health Service; 
(f) "State Health Service" means the West Bengal Medical 
Education Service, or the West Bengal Health Service, as 
constituted under section 3. 
Short title 
and commence-
ment. 
Definitions. 
71 
The West Bengal State Health Service Act, 1990. 
[West Ben. Act 
(Sections 3-6.) 
Constitution 
of State 
Health 
Service. 
Transfer 
from one 
service to 
another. 
Combination 
of appoint-
ment. 
Medical 
Colleges to 
be non-
practising 
institutions. 
3. (1) With effect from such date as the State Government may, 
by notification, appoint in this behalf, there shall be constituted the 
following State Health Services and different dates may be appointed 
for different services, namely:- 
1. The West Bengal Medical Education Service; 
2. The West Bengal Health Service. 
(2) The West Bengal Health Service shall include a cadre for Public 
Health-cum-Administration as a separate unit. 
4. (1) No person appointed to the West Bengal Medical 
Education Service shall be transferred to the West Bengal Health 
Service: 
Provided that any person holding a teaching post in the basic level 
in the West Bengal Medical Education Service may exercise an option 
for the West Bengal Health Service on such terms and conditions as may 
be prescribed. 
(2) No person appointed to the West Bengal Health Service shall 
be transferred to the West Bengal Medical Education Service. 
(3) Any person appointed to a post included in the West Bengal 
Health Service, other than a post included in the cadre for Public 
Healh-cum-Administration as a separate unit, may transferred to a post 
included in the cadre for Public Health-cum-Administration as a 
separate unit. 
(4) Subject to the foregoing provisions of this section and the 
rules made under this Act, the State Government shall have the right to 
transfer any person from one post to another post: 
Provided that except on account of inefficiency or misbehaviour 
or on his written request, no person shall be transferred to a post 
carrying less pay than the pay of the post held by him for the time 
being. 
5. Subject to the provisions of this Act, the State Government may 
appoint any person to hold two or more separate posts on such terms 
and conditions as may be prescribed. 
6. (1) The State Government may, by notification, declare any 
undergraduate or post-graduate Medical College or other teaching 
institution together with the Hospital, if any, attached to such Medical 
College or institution to be a non-practising institution with effect from 
such date as may be specified in the notification. 
72 
The West Bengal State Health Service Act, 1990. 
VII of 1990.] 
(Sections 7-10.) 
(2) Upon such declaration, no person holding any post in such 
Medical College or other institution or the Hospital attached thereto on 
terms and conditions for practice shall be allowed to hold such post on 
terms and conditions for practice. 
7. The cadre of the West Bengal Medical Education Service shall 
consist of such teaching posts on such pattern and on such terms and 
conditions as may be prescribed and shall include such non-teaching 
administrative posts as may be notified by the State Government from 
time to time: 
Provided that such terms and conditions may include the condition 
of management and supervision of admission to beds, and treatment, of 
patients in such undergraduate or post-graduate Medical College or other 
teaching institution together with the Hospital, if any, attached to such 
Medical College or institution by such persons appointed to the West 
Bengal Medical Education Service or appointed on such terms and 
conditions as the State Government may determine, to the exclusion of 
all other persons appointed to the West Bengal Health Service, as may 
be prescribed. 
Cadre of 
West Bengal 
Medical 
Education 
Service. 
8. The cadre of the West Bengal Health Service shall consist of Cadre of 
West B such non-teaching posts as may be prescribed and shall include such Health engal  
other posts to form a cadre for Public Health-cum-Administration as a Service. 
separate unit as may be notified by the State Government from time to 
time. 
9. (1) The posts included in the cadre of the West Bengal Medical 
Education Service shall be non-practising. 
(2) Any person appointed to a post included in the cadre of the West 
Bengal Medical Education Service may be granted such non-practising 
allowance as may be prescribed. 
10. (1) The posts included in the cadre for Public Health-cum-
Administration as a separate unit of the West Bengal Health Service 
shall be non-practising. 
(2) Any person appointed to a post included in the cadre for Public 
Health-cum-Administration as a separate unit of the West Bengal Health 
Service may be granted such non-practising allowance as may be 
prescribed. 
Posts in 
cadre of 
West Bengal 
Medical 
Education 
Service to be 
non-
practising. 
Posts in 
cadre for 
Public 
Health-cunt-
Administra-
tion as a 
separate unit 
of West 
Bengal 
Health 
Service to be 
non-
practising. 
73 
The West Bengal State Health Service Act, 1990. 
[West Ben. Act 
(Sections 11, 12.) 
Persons 
appointed to 
posts in 
West Bengal 
Health 
Service, 
other than 
posts in 
cadre for 
Public 
Health-cwn-
Administra-
tion as a 
separate 
unit, to 
continue in 
such posts. 
Status of 
persons 
holding 
teaching 
posts, or 
posts 
connected 
with Public 
Health or 
Administra-
tion, in 
former West 
Bengal 
Health 
Service. 
11. Any person of the former West Bengal Health Service 
appointed to a post included in the cadre of the West Bengal Health 
Service, other than a post included in the cadre for Public Health-cum-
Administration as a separate unit shall continue in such post on such 
terms and conditions as were in force immediately before the coming 
into force of this Act. 
12. Any person who has held, or any person who holds immediately 
before the coming into force of this Act, a teaching post in the former 
West Bengal Health Service on terms and conditions for practice or non-
practice, may exercise an option for the West Bengal Medical Education 
Service or the West Bengal Health Service in such manner as may be 
prescribed and thereupon such person shall be appointed or shall be 
deemed to have been appointed, as the case may be, to a post included 
in the West Bengal Medical Education Service or the West Bengal 
Health Service, as the case may be: 
Provided that a person exercising option for the West Bengal Medical 
Education Service and a person selected for appointment to the West 
Bengal Education Service shall, upon appointment to a teaching post in 
the West Bengal Medical Education Service, be required to perform 
duties in a Hospital in addition to his duties as Teacher of the discipline 
concerned having such designation as may be prescribed: 
Provided further that any person holding a post connected with 
Public Health or Administration in the former West Bengal Health 
Service immediately before the coming into force of this Act, may 
exercise an option for the West Bengal Health Service or the cadre for 
Public Health-cum-Administration as a separate unit of the West Bengal 
Health Service in such manner as may be prescribed: 
Provided also that the persons holding posts connected with 
Public Health or Administration in the former West Bengal Health 
Service immediately before the coming into force of this Act, 
who do not exercise any option as aforesaid, shall be deemed to 
have exercised option for the West Bengal Health Service but the 
posting of such persons in the West Bengal Health Service shall be 
made in phases: 
74 
The West Bengal State Health Service Act, 1990. 
VII of 1990.] 
(Sections 13, 14.) 
Provided also that the persons holding teaching posts and the 
persons holding administrative posts in the former West Bengal Health 
Service immediately before the coming into force of this Act, who do 
not exercise any option under this section, shall be deemed to have 
exercised option respectively for the West Bengal Health Service and 
the cadre for Public Health-cum-Administration as a separate unit of the 
West Bengal Health Service. 
13. Notwithstanding anything contained in section 12, persons Transfer of 
holding teaching posts of any rank in the former West Bengal Health persons 
hlding Service on terms and conditions for practice, who do not exercise teaching 
option for the West Bengal Medical Education Service, may, on transfer posts but not 
opting 
B 
 for from such posts, be appointed to the West Bengal Health Service in 	 Bengal 
phases within a period of one year from the date of coming into force Medical 
of this Act. 	 Education  Service. 
14. (1) Recruitment to all teaching posts in the West Bengal Recruitment 
to Sta Medical Education Service shall be made through the State Public Healthte  
Service Commission in such manner as may be prescribed: 	 Services. 
Provided that a quota shall be fixed in such manner as may be 
prescribed for all categories of teaching posts in the West Bengal 
Medical Education Service for being filled up by promotion of persons 
holding teaching posts in the said Service: 
Provided further that— 
(a) for a period of five years from.  the date of coming into force of 
this Act, recruitment to the teaching posts in the basic level in 
the West Bengal Medical Education Service shall be made from 
amongst the persons appointed to the West Bengal Health 
Service who have rendered two years' service in the West Bengal 
Health Service in rural areas, on such terms and conditions as 
may be prescribed, and 
(b) on the expiry of the period as aforesaid, recruitment to the 
teaching posts in the basic level in the West Bengal Medical 
Education Service shall be made through the State Public 
Service Commission giving weightage to persons who have 
rendered two years' service in the rural areas: 
Provided also that recruitment to the posts of and above the rank of 
Reader in the West Bengal Medical Education Service shall be made 
through the State Public Service Commission in such manner as may 
be prescribed: 
75 
The West Bengal State Health Service Act, 1990. 
[West Ben. Act 
(Sections 15, 16.) 
Control and 
discipline of 
persons 
appointed to 
State Health 
Services. 
Age of 
retirement of 
persons 
appointed to 
West Bengal 
Medical 
Education 
Service. 
Provided also that any person appointed to the West Bengal Medical 
Education Service shall, subject to such terms and conditions as may be 
prescribed, be eligible to apply for any such post: 
Provided also that recruitment to the posts of Lecturer and Assistant 
Professor in the West Bengal Medical Education Service shall be made 
through the State Public Service Commission in such manner as may 
be prescribed: 
Provided also that weightage of service in the rural areas shall be 
given to the persons who apply for recruitment to the posts of Lecturer 
and Assistant Professor in the West Bengal Medical Education Service, 
in such manner as may be prescribed. 
(2) Recruitment to all posts in the basic level in the West Bengal 
Health Service shall be made through the State Public Service 
Commission in such manner as may be prescribed. 
(3) Notwithstanding anything contained in the forgoing provisions 
of this section or elsewhere in this Act, promotion of persons holding 
teaching posts to the next higher rank, due on any date prior to the date 
of coming into force of this Act, may, if not made prior to the coming 
into force of this Act, be made at any time after the coming into force 
of this Act, other than in accordance with the provisions of this Act or 
the rules made thereunder. 
(4) Recruitment to all non-teaching administrative posts in the West 
Bengal Medical Education Service shall be made in such manner as may 
be prescribed. 
15. All persons appointed to the State Health Services shall be 
subject to such control and discipline as may be prescribed. 
16. The age of compulsory retirement of persons appointed to the 
West Bengal Medical Education Service shall be such as may be 
prescribed: 
PrOvided that no such person shall be retained in service on his 
attaining the age of sixty years: 
Provided further that any such person may be re-employed on his 
attaining the age of superannuation or after he has attained such age to 
a post in the West Bengal Medical Education Service, not inferior to a 
post held by such person immediately before his attaining the age of 
superannuation, on such terms and conditions as may be prescribed: 
Provided also that no such person shall be retained on such 
re-employment on his attaining the age of sixty-five years. 
76 
The West Bengal State Health Service Act, 1990. 
VII of 1990.] 
(Sections 17-20.) 
17. (1) The scales of pay of persons appointed to the teaching posts 
in the West Bengal Medical Education Service shall be such as may be 
prescribed. 
(2) The scales of pay of persons appointed to the posts included in 
the cadre for Public Health-cum-Administration as a separate unit of the 
West Bengal Health Service shall be such as may be prescribed. 
18. The provisions of this Act shall not apply to any person not 
belonging to the former West Bengal Health Service but holding a 
teaching post in any undergraduate or post-graduate Medical College or 
other teaching institution or in any Hospital attached to such Medical 
College or institution on terms and conditions as might be agreed upon 
by that Government prior to the coming into force of this Act, and such 
persons shall continue in such post on the same terms and conditiOns 
after the coming into force of this Act. 
Scales of 
pay of 
persons 
appointed to 
teaching 
posts in the 
West Bengal 
Medical 
Education 
Service and 
posts 
included in 
cadre for 
Public 
Heallh-curn-
Administra-
tion as a 
separate unit 
of West 
Bengal 
Health 
Service. 
Act not to 
apply in 
certain 
cases. 
19. All rules, orders, and notifications made or issued by the State Saving. 
Government from time to time under the proviso to article 309 of the 
Constitution of India or under any other law for the time being in force, 
applicable to the persons appointed to the former West Bengal Health 
Service and continuing in force immediately before the coming into 
force of this Act, shall, after the coming into of this Act, continue in 
force in so far as such rules, orders or notifications are not inconsistent 
with the provisions of this Act until they are repealed or amended. 
20. The provisions of this Act shall have effect notwithstanding 
anything contained in any other law for the time being in force or in 
any judgement, decree or order of any Court, Tribunal or other authority 
or in any instrument having effect by virtue of any law other than this 
Act or in any contract, custom or usage to the contrary. 
Act to have 
overriding 
effect. 
77 
The West Bengal State Health Service Act, 1990. 
[West Ben. Act VII of 1990.1 
(Sections 21-23.) 
Power to 
make rules. 21. (1) The State Government may, by notification, make rules for 
carrying out the purposes of this Act. 
(2) Every rule made by the State Government under this Act 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 thirty 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 rule 
should not be made, the rule 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. 
Power to 
remove 
difficulties. 
Repeal. 
22. If any difficulty arises in giving effect to the provisions of this 
Act, the State Government may by order do anything not inconsistent 
with the provisions of this Act as may appear necessary or expedient 
for the purpose of removing the difficulty: 
Provided that no such order shall be made after the expiry of a period 
of two years from the date of coming into force of this Act. 
23. The West Bengal State Health Service Ordinance, 1990, is 
hereby repealed. 
West Ben. 
Ord. I or 
1990. 
78 

‹ Prev All West Bengal acts Next ›