LexThe West Bengal Universities And Colleges ( Administration And Regulation ) Act, 2017
West Bengal · state statute
Open in Lexace · Ask the AI about this actRegistered No. WB/SC-247 No. WB(Part-III)/2017/SAR-16
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Nu.Ikata 6aytte
Extraordinary
Published by Authority
CHAITRA 1] WEDNESDAY, MARCH 22, 2017 [SAKA 1939
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative
NOTIFICATION
No. 325-L.---22nd March, 2017.—The following Act of the West Bengal Legislature, having been assented to by
the Governor, is hereby published for general information:—
West Bengal Act VII of 2017
THE WEST BENGAL UNIVERSITIES AND COLLEGES
(ADMINISTRATION AND REGULATION) ACT, 2017.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette,
Extraordinary, of the 22nd March, 2017.]
An Act to provide better administration and to improve the quality of education in
the State-aided higher education institutions in West Bengal and for such other matters
connected therewith and incidental thereto.
WHEREAS, it is considered necessary and expedient to improve the functioning of
the State-aided Universities and Government-aided colleges of West Bengal, and to
bring about a certain uniformity and standardisation in the rules, practices and
procedures of these educational institutions, and to ensure efficient and optimum
utilisation of the resources at their disposal, and to clearly define the rights and duties
of the various stakeholders as well as address their service and welfare-related issues,
and to bring in greater responsibility, transparency and accountability among the
2 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 22, 2017 [PART III
Short title, extent
and
commencement.
Application of the
Act.
The West Bengal Universities and Colleges
(Administration and Regulation) Act, 2017.
(Chapter 1.—Preliminary.—Sections 1-3.)
managements and employees of the said Publicly-funded higher education institutions
while respecting their need for institutional autonomy, and to effect a synergistic
functioning among the State Government, the State-aided Universities and Government-
aided colleges so as to achieve an efficient and vibrant higher education system, and
for such other matters connected therewith and incidental thereto;
It is hereby enacted in the Sixty-eighth 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 Universities and Colleges
(Administration and Regulation) Act, 2017.
(2) It shall extend to the whole of West Bengal.
(3) It shall come into force on such date or dates as the State Government may,
by notification in the Official Gazette, appoint.
2. This Act shall apply;—
(i) to all Universities established by or under any Act of the State Legislature
and are receiving financial assistance from the State Government in any
form; and
(ii) to all colleges including Colleges run by minorities, subject to specific
provisions and exceptions made under this Act, and the provisions of the
Constitution of India and which are receiving financial assistance on a
regular basis from the State Government through the Pay Packet Scheme.
Definitions. 3. In this Act, unless the context otherwise requires;—
(i) "academic year" comprises of a period throughout which academic
instruction is being given to a student in a particular Calendar year;
(ii) "actual income" in relation to a college, means the income actually realized
by a college by way of tuition fees, fines and other charges from the
students, by whatever name called;
(iii) "affiliated" in relation to a college, means affiliated to a University;
(iv) "Administrator" means an administrator of a college appointed by the
State Government or by the affiliating University;
(v) "appointing authority" shall, for the purpose of this Act mean, the
authority empowered to make appointment of any person in any post in
any college or in any University in a prescribed manner;
(vi) "college" means a Government-aided college but shall not include a private
or self-financing college;
(vii) "college authority" means the Governing Body or the Managing
Committee or any other body, by whatever name called, charged with the
management of the affairs of the college and shall include an Administrator
for the purpose of this Act;
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 22, 2017 3
The West Bengal Universities and Colleges
(Administration and Regulation) Act, 2017.
(Chapter I—Preliminary.—Section 3.)
(viii) "Service Commission" means the West Bengal College Service
Commission constituted under the West Bengal College Service West Ben. Act
Commission Act, 2012 and such other Service Commission as may be XXIX 2012.
constituted by the State Government;
(ix) "Director of Public Instruction" means the Director of Public Instruction,
West Bengal, as appointed by the State Government, by order;
(x) "employee" means the employee of a college or a University including
teachers, librarians, officers and non-teaching staffs;
(xi) "fee" means all fees including tuition fee and other charges, by whatever
description called;
(xii) "Governing Body" means the Governing Body of a college duly
constituted as per the prescribed procedure, and includes any managing
committee or any other body for that purpose;
(xiii) "Government-aided college" means a college receiving grants from the
State Government under the Pay Packet Scheme irrespective of the fact
that the administration of such a college is run by a minority, but does not
include a Government College;
(xiv) "Minority college" means a college which is run and administered by a
minority, whether based on religion or language, declared and approved
as such by the State Government or any other appropriate authority, as
the case may be;
(xv) "Non-teaching employee" means an employee appointed in a sanctioned
post of a college or of a University not holding any teaching post or
officer's post;
(xvi) "prescribed" means prescribed by rules, orders, notifications made by
the State Government under this Act;
(xvii) "Principal" means the Principal of a college and includes a Vice-Principal
or a Teacher-in-Charge for the purposes of this Act;
(xviii) "Pay Packet Scheme" means the scheme of the State Government for the
purpose of releasing periodical salaries and allowances to the teachers
and other employees of a college in such manner as may be prescribed;
(xix) "State Government" means the Government of West Bengal in the Higher
Education, Science and Technology and Biotechnology Department;
(xx) "Students' Body or Union" means duly-constituted students' body or
union, as the case may be, of a college or of a University;
(xxi) "Teacher of a college" means a Principal, an Assistant Professor, Associate
Professor or Professor holding a sanctioned teaching post in a college
and includes Librarian and Graduate Laboratory Instructor and such
other posts as may be determined by the State Government from time to
time;
(xxii) "Teacher of a University" means an Assistant Professor, Associate
Professor, Professor holding a sanctioned teaching post including
Librarians in a University and such other posts as may be determined by
the State Government from time to time;
(xxiii) "University" means a University constituted by an Act of State Legislature
and receiving regular financial assistance from the State Government;
(xxiv) "Vice-Principal" means a person, who shall discharge the functions of
the Principal in his absence, and to be appointed as such by the State
Government from amongst the teachers of the college in such manner
and on such terms and conditions, as may be prescribed.
4
THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 22, 2017 [PART III
The West Bengal Universities and Colleges
(Administration and Regulation) Act, 2017.
(Chapter II—Administration of Colleges.—Sections 4, 5.)
CHAPTER II
Administration of Colleges
Governing Body
of Colleges.
Constitution of
the Governing
Body.
4. (1) There shall be a Governing Body in every college to be constituted in the
manner and procedure provided under the provisions of this Act.
(2) Notwithstanding anything contained in any other law for the time being in
force or in any custom or usage to the contrary, the constitution, powers and functions
of the Governing Bodies for all colleges shall be uniform irrespective of the nature of
their promoting or sponsoring bodies:
Provided that the Government-aided colleges run by minorities may adopt their
own rules regarding constitution, powers and functions of their Governing Bodies
with the approval of the State Government.
(3) Notwithstanding anything contained in any other law for the time being in
force, or in any custom or usage to the contrary, the State Government shall have
power to dissolve the Governing Body of a college, other than the college run by
minorities, if, in the opinion of the State Government that the Governing Body of such
college is unable to perform its functions as per provisions of this Act or the statutes of
the affiliating University, or the continuance of the Governing Body or any of its
members in such Governing Body is detrimental to the interest of the college, and in
every such case, the State Government may appoint an Administrator in place of the
Governing Body who shall discharge all functions for such period as may be determined
by the State Government or until constitution of a new Governing Body, whichever is
earlier.
(4) The affiliating University shall, in every such case, take steps to constitute the
new Governing Body of such college referred to in sub-section (3) within such time as
may be prescribed.
5. (1) Notwithstanding anything contained in any other law for the time being in
force or in any custom or usage to the contrary, the Governing Body of every
Government-aided College shall consist of the following members, namely:—
(i) the President shall be a person interested in education, and shall be
nominated by the State Government from amongst the members of the
Governing Body or from outside:
Provided that the employees or the students of the concerned college
shall not be eligible for nomination as President;
(ii) the Principal or the Vice-Principal or the Teacher-in-Charge, as the case
may be, of the concerned college, who shall act as the ex officio Secretary
to the Governing Body;
(iii) three whole time regular teachers including librarians and Graduate
Laboratory Instructors, to be elected from amongst them;
(iv) one non-teaching employee to be elected from amongst them;
(v) two persons to be nominated by the State Government and one person to
be nominated by the West Bengal State Council of Higher Education
constituted under the West Bengal State Council of Higher Education
Act, 2015 respectively;
(vi) one representative from amongst the donor of the college or from the
sponsoring body promoting the establishment of the concerned college;
(vii) two persons to be nominated by the affiliating University from amongst
eminent educationists, of whom at least one shall be a woman;
West Ben. Act
X of 2015.
PART III]
THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 22, 2017 5
The West Bengal Universities and Colleges
(Administration and Regulation) Act, 2017.
(Chapter II—Administration of Colleges.—Sections 6, 7.)
(viii) one student representative, who shall be the General Secretary of the duly-
constituted Students' Body or Union, as the case may be, of the college.
(2) All existing members of the Governing Bodies which were constituted
immediately preceding the date of coming into effect of this Act shall continue to be
the member of such Governing Body until the normal tenure of the Governing Body
expires by efflux of time or unless it is dissolved by the State Government, whichever
is earlier.
(3) The tenure of the Governing Body shall be such as may be determined by the
State Government from time to time.
(4) Every meeting of the Governing Body shall be convened in the name of the
President:
Provided that the President's absence in any meeting of the Governing Body shall
not invalidate the proceedings of the Governing Body if any one of the nominees of
the State Government is present in such meeting and the quorum has been duly formed:
Provided further that one third of the members shall form a quorum in every meeting
of the Governing Body.
(5) Powers and functions of the Governing Body shall be such as may be provided
in the statutes of the affiliating University.
Duties of the
Principal.
Funds and
accounts of
college.
6. (1) To improve the functioning of the colleges, the college management shall
introduce different measures for ensuring attendance, punctuality and work output,
as may be prescribed by the State Government from time to time.
(2) For all employees of the college there shall be prepared Annual Confidential
Report and Performance Appraisal Report for every year in such manner and to be
maintained in such form as may be prescribed by the State Government, from time to
time.
(3) Every employee of the college, including the Principal, shall submit in a sealed
envelope before the Governing Body, with a copy to the State Government, an annual
declaration of his assets of movable and immovable properties in such manner as may
be prescribed in this behalf.
7. (1) There shall be a fund in every college which shall be credited with all
money received from tuition fees and other fees and charges as may be determined by
the State Government from time to time.
(2) Every college shall maintain proper records of accounts which shall be duly
audited internally by a qualified State Government-empanelled Chartered Accountant
as defined under section 2 (b) of the Chartered Accountants Act, 1949, in the manner
as may be prescribed and shall submit such accounts before the State Government
annually within six months of the following Financial Year.
(3) Subject to the provisions of sub-section (2), the State Government shall cause
periodic audit of the fund and accounts of every college in such manner as may be
prescribed.
(4) If any college fails to comply with any of the provisions of this Act, the State
Government may take such action as it may deem necessary and lawful.
(5) If any college, other than the college run by minorities, fails to comply any of
the provisions of this Act, the State Government may, by order, supersede the college
authority for a certain period and appoint an Administrator to discharge the functions
of the college for such time as may be determined by the State Government.
38 of 1949.
6 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 22, 2017 [PART III
The West Bengal Universities and Colleges
(Administration and Regulation) Act, 2017.
(Chapter II—Administration of Colleges.—Sections 8, 9.—Chapter
Employees of Colleges—Sections 10, 11.)
Inspection.
Students' Body or
Union of Colleges.
8. (1) The State Government may, from time to time, cause inspection of the
affairs of the college, other than the college run by minorities, including its
administrative and financial activities as and when the State Government considers it
necessary.
(2) Such inspection shall ordinarily be made upon prior notice to the college
authority.
9. (1) There shall be a Students' Body or Union, as the case may be, in every
college and the General Secretary of such body or union shall be a member of the
Governing Body for a period of one year from the date of his election.
(2) The composition, functions, duties and responsibilities of the Students' Body
or the Union, as the case may be, including the manner, procedure and eligibility to
participate in the election shall be such as may be prescribed.
CHAPTER III
Employees of Colleges
Appointment of
teachers, librarians
and non-teaching
employees.
10. (1) Notwithstanding anything contained in any other law for the time being
in force or in any custom or usage to the contrary, appointment of all teachers, librarians
and other employees of every college, except the colleges run by minorities, shall be
made by the Governing Body, on the recommendation of the Service Commission.
(2) A recommendation of the Service Commission shall not automatically confer
any right upon the candidates for appointment and shall be subject to satisfactory
completion of verification of his personal testimonials including proof of age and
educational qualifications along with all antecedents and medical examination report
from the appropriate authorities.
(3) If any discrepancy is found during verification of a candidate as stated under
sub-section (2), his candidature shall be liable to be cancelled.
(4) The terms and conditions of service including the manner and procedure of
holding disciplinary proceedings and punishment thereof, of all the employees of the
colleges shall be such as may be prescribed.
Transfer of
employees of the
college.
11. (1) Every teacher, librarian and non-teaching employee of a college, other
than colleges run by minorities, may, once in a life time of his service apply for mutual
transfer or transfer of his own seeking in any other college within the State in such
manner as may be prescribed.
(2) The State Government may, in the interest of public service, place the service
of any teacher, librarian or non-teaching employees to another college on transfer.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 22, 2017 7
The West Bengal Universities and Colleges
(Administration and Regulation) Act, 2017.
(Chapter IV.—Provident Fund.—Section 12.—Chapter V.—
Administration of Universities.—Sections 13, 14.)
CHAPTER IV
Provident Fund
Provident Fund. 12. (1) The Provident Fund of all regular employees of a college or University
shall be maintained in the State Government Treasury.
(2) Every employee of a college or University shall be provided with a Provident
Fund account.
(3) All balances in the Provident Fund held by the college or by the University in
any form shall be transferred to the State Government treasury within such time as
may be directed by the State Government.
(4) Other rules regulating the financial business of the college or the University
shall be such as may be prescribed.
CHAPTER V
Administration of Universities
Administration of
Universities.
Employees of the
University.
13. (1) Notwithstanding anything contained in any other law for the time being in
force or in any custom or usage to the contrary, wherever it is proposed to nominate a
person by the Chancellor in any body or authority of any University or other body
corporate, such person shall henceforth be nominated by the Chancellor in consultation
with the State Government.
(2) Notwithstanding anything contained in any other law for the time being in
force or in any custom or usage to the contrary, no University, without the prior approval
of the State Government, shall, after the commencement of this Act,—
(a) permit any person to work under the University beyond the prescribed
age of superannuation except in the manner notified by the State
Government;
(b) dispose of or sell any immovable property of the University;
(c) declare setting up or conversion of any post of Officer or teacher of the
University;
(d) such other act or acts as may be prescribed by the State Government.
(3) The State Government may, subject to availability of fund, allow the application
for creation of teaching, non-teaching and officers' posts in such University on its
discretion, after considering the need for staff in the University.
(4) The State Government may, by order, from time to time, revise the scale of
pay attached to the post of teachers, officers or non-teaching employees or sanction
any new allowance thereof.
(5) The State Government may, by order, regulate the expenditure of a University
and may revise such rules from time to time.
14. (1) Notwithstanding anything contained in any other law for the time being in
force, or in any custom or usage to the contrary, no person can be appointed in any
post in the University without satisfactory completion of verification of his personal
testimonials including proof of age and educational qualifications along with all
antecedents and medical examination report from the appropriate authorities.
(2) If any discrepancy is found during verification of a candidate as stated under
sub-section (1), his candidature shall be liable to be cancelled.
8 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 22, 2017 [PART III
The West Bengal Universities and Colleges
(Administration and Regulation) Act, 2017.
(Chapter V. Administration of Universities.—Sections 15, 16.—
Chapter VI.—Miscellaneous.—Section 17.)
Inquiry into the
affairs of the
University.
Students' Body or
Union of the
University.
Power to make
rules.
(3) To improve the functioning of the Universities, the University Authorities shall
introduce different work efficiency measures for ensuring attendance, punctuality and
work output as may be prescribed by the State Government, from time to time, and a
report shall be placed before the appropriate decision-making bodies of the Universities
on a regular basis.
(4) For all employees of the University there shall be prepared Annual Confidential
Report and Performance Appraisal Report for every year in such manner and to be
maintained in such folln as may be prescribed by the State Government, from time to
time.
(5) Every employee of the University, including the Vice-Chancellor, or the
Pro-Vice-Chancellor, shall submit in a sealed envelope before the Senate or the Court,
as the case may be, with a copy to the State Government, an annual declaration of his
assets of movable and immovable properties in such manner as may be prescribed in
this behalf.
15. (1) The State Government shall have the power to enquire into the affairs of
the University, as and when it considers necessary.
(2) Every such inspection shall ordinarily be made with prior notice to the
University.
(3) Notwithstanding anything contained in any other law for the time being in
force, the Statutes of all State-aided Universities shall be uniform in respect of the
powers and functions of the various officers and authorities of the University, the
procedure for holding election to various authorities of the University, the procedure
for holding meetings of the various bodies and authorities of the University, the
procedures and terms and conditions for affiliation of colleges, the rights and duties of
employees of the affiliated colleges, the provisions regarding holding of convocation
and conferment of Degrees, Diplomas and titles, and such other subjects as may be
prescribed from time to time.
16. (1) There shall be a Students' Body or Union, as the case may be, in every
University.
(2) The composition, functions, duties and responsibilities of the Students' Body
or Union, as the case may be, including the manner, procedure and eligibility to
participate in the election shall be such as may be prescribed.
CHAPTER VI
Miscellaneous
17. (1) The State Government shall have power to make rules for the purpose of
carrying out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing provisions of this Act, the
State Government shall have power to make rules in relation to:—
(i) the terms and conditions of service of all employees of colleges and
Universities;
(ii) code of conduct and discipline for all the employees of the colleges and
Universities;
(iii) manner and procedure for holding disciplinary proceedings against
employees of the colleges and Universities;
(iv) manner and procedure of transfer, including mutual transfer and transfer
of his own seeking in respect of all the employees of the colleges, other
than the colleges run by minorities;
(v) manner and procedure for maintaining funds and accounts of the colleges
and Universities including the procedure for maintaining Provident Fund
of the employees of the colleges and Universities;
(vi) such other subject as the State Government considers necessary for the
purposes of this Act.
PART III]
THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 22, 2017 9
The West Bengal Universities and Colleges
(Administration and Regulation) Act, 2017.
(Chapter VI.—Miscellaneous.—Sections 18-22.)
(3) Every rule made under this Act shall, as soon they are made, be laid in the
Legislative Assembly while it is in session.
Powers to give
directions. 18. The State Government shall have the power to give directions to any college or
in any University in any matter not inconsistent with the provisions of this Act and the
college or the University shall be duty bound to comply.
19. (1) The State Government shall have the power to remove any difficulty as
may arise in applying the provisions of this Act to any college or University covered
under this Act.
(2) The decision of the State Government shall, in every case, be final in regard to
any dispute in between the State Government and the College or the University in
effecting the provisions of this Act.
Power to remove
difficulties.
Power to relax.
Overriding effect.
20. The State Government shall have the power to relax any of the provisions of
this Act or any rule, notification, order, schemes or by-laws made under this Act in
relation to any college or any University in the interest of public service.
21. Notwithstanding anything contained in any other law or in any custom or
usage for the time being in force, or in any Statutes, Ordinances, Rules and Regulations
made by any authority under any law for the time being in force that is repugnant to
the provisions of this Act, the provisions of this Act, to the extent of such repugnancy,
shall have overriding effect against any such law, custom, usage, Statutes, Ordinances,
Rules and Regulations.
Savings. 22. Anything done or purported to have been done in pursuance of any law for the
time being in force by the State Government immediately preceding the date of coming
into effect of this Act, shall have effect to the extent it is not inconsistent with the
provisions of this Act, as if this Act had not yet come into effect.
By order of the Governor,
MADHUMATI MITRA,
Secy. to the Govt. of West Bengal,
Law Department.
Published by Law Department, Government of West Bengal and
Printed at Saraswaty Press Ltd.(Government of West Bengal Enterprise), Kolkata 700 056.