[West Bengal Act 62 of 1978 as amended up to West
Bengal Act 13 of 2008][1] [23rd February, 1979] An Act to provide for the constitution of a College Service
Commission in West Bengal and for matters connected therewith or incidental
thereto. Whereas it is expedient to provided
for the constitution of in College Service Commission in West Bengal and for
matters connected therewith or incidental thereto; It is hereby enacted in the Twenty-ninth Year of the Republic of
India, by the Legislature of West Bengal, as follows:— This Act may be called the West Bengal College Service
Commission Act, 1978. In this Act, unless the context otherwise requires,— (a)
“Chariman” means the Chairman of
the Commission; (b)
“Chancellor” means the Ounce for
of a University; (c)
“college” means a college or an
institution affiliated to a University in accordance with the provisions of the
Act constituting or establishing, as the case may be, such University or the
Statutes made thereunder and includes a constituent college ora Government
Sponsored College but does not include a Government College ora Medical
College; (d)
“Commission” means the West
Bengal College Service Commission constituted under Section 3; (e)
“constituent college” mesns a
college recognised as such by a University but does not include a Government
College; (f)
“Government College” means a
college maintained and managed by the State Government; (g)
“Government Sponsored College”
means a college declared by the State Government as such; (h)
“Governor” means the Governor of
the State of West Bengal; [2](hh) “institution deemed to be a University” means an institution
declared us such by the Central Government under Section 3 of the University
Grants Commission Act, 1956 (Act 3 of 1956); [3][(hha) “Librarian” means a person holding the post of Librarian in
a college, on full time basis, and includes an Assistant Librarian and a Deputy
Librarian;] (i)
“Medical College” means a college
in which instruction is provided primarily for courses of study leading to any
degree, diploma or certificate of a University in medicine and which is
recognised as such under any enactment in force for the time being; (j)
“member” means a member of the
Commission and include the Chairman; (k)
“notification” means a
notification published in the Official Gazette; (l)
“prescribed” means prescribed by
rules made under this Act; (m)
“Principal” means the head of a
college by whatever name called: (n)
“regulations” means regulations
made under Section 17; (o)
“Secretary” means the Secretary
of the Commission; (p)
“Teacher” means a Professor,
Assistant Professor, Lecturer, Tutor, Demonstrator, Physical Instructor or any
other person holding a teaching post of a college recognised by the University
to which such college is affiliated and appointed as such by such college and
includes its Principal and Vice-Principal; [4][(q) “University” means any of the Universities constituted or
established, as the case may be, under— (i)
the Bidhan Chandra Krishi Viswa
Vidyalaya Act, 1974 (West Ben. Act 49 of 1974), (ii)
the Calcutta University Act, 1979
(West Ben. Act 38 of 1979), (iii)
the Vidyasagar University Act,
1981 (West Ben. Act 18 of 1981), (iv)
the Burdwan University Act, 1981
(West Ben. Act 23 of 1981), (v)
the Jadavpur University Act, 1981
(West Ben. Act 24 of 1981), (vi)
the North-Bengal University Act,
1981 (West Ben. Act 25 of 1981), (vii)
the Rabindra Bharati University
Act, 1981 (West Ben. Act 36 of 1981.), (viii)
the Kalyani University Act, 1981
(West Ben. Act 40 of 1981.), (ix)
the Netaji Subhas Open University
Act, 1997 (West Ben. Act 19 of 1997), (x)
the Bengal Engineering and
Science University, Shibpur Act, 2004 (West Ben. Act 12 of 2004), (xi)
the Gour Banga University Act,
2007 (West Ben. Act 27 of 2007.), and (xii)
the West Bengal State University
(Barasat, North 24 Parganas) Act, 2007 (West Ben. Act 28 of 2007).] (1)
The State Government shall, with
effect from such date as it may by notification, appoint, constitute a
Commission by the name of the West Bengal College Service Commission consisting
of [5][fifteen
members] of whom one shall be the Chairman. (2)
[6][* * *] Section [7][3-A. Zonal units of the Commission [8][(1) There shall be seven Zonal Units of the Commission consisting
of the following Zones:— (i)
the North Bengal University Zone, (ii)
the Kalyani University Zone, (iii)
the Burdwan University Zone, (iv)
the Vidyasagar University Zone, (v)
the Calcutta University Zone, (vi)
the Gour Banga University Zone,
and (vii)
the West Bengal State University
Zone: Provided that the State Government may, by order, determine the
jurisdiction of every Zonal Unit of the Commission.] (2) Every Zonal Unit of the
Commission shall consist of the Chairman and two members of the Commission. (3) The members of the
Zonal Unit of the Commission shall render necessary advice to the Chairman in
preparing a panel of eligible candidates based on the interviews conducted
exclusively for those who have applied for appointment within the Zone of the
respective Zonal Unit of the Commission.] [9][(1) The Chairman and other members of the Commission shall be appointed
by the State Government in consultation with the Chancellor of the Universities
referred to in clause (q) of Section 2. The Chairman shall be whole-time member
and shall hold office for a period of four years and the other members shall be
honorary part-time members and shall hold office for a period of four years: Provided that a person who has held office as Chairman or other
member shall, on the expiration of his term of office, be eligible for further
appointment as Chairman or other member: Provided further that no person who has attained the age of
sixty-four years shall be eligible to hold office in any capacity, whether as
Chairman or other member: Provided also that no serving Teacher of a College or University
shall be eligible for appointment as honorary part-time member.] (2) No person who has held
office as Chairman or other member till his attaining the age of [10][sixty-four
years] shall be eligible for any appointment in a University or a college
except for appointment as Vice-Chancellor or Pro-Vice-Chancellor of a
University. (3) If the office of the
Chairman or any other member becomes vacant by resignation or otherwise or if
the Chairman is by reason of absence or for any other reason unable to perform
the duties of his office, those duties shall, until some person appointed under
sub-section (1) to the vacant office has entered on the duties thereof or, as
the case may be, until the Chairman has resumed his duties, be performed by
such one of the other members as the State Government may, in consultation with
the Chancellor of the Universities referred to in clause (q) of Section 2,
appoint for the purpose. (4) The Chairman or any
other member may resign his office by writing under his hand addressed to the
State Government, but he shall continue in office until his resignation is
accepted by the State Government. [11][(5) The salary of the Chairman and the honorarium of the members
shall be such as may be determined by the State Government, by order.] Section [12]4-A. Special provision for the first Chairman Notwithstanding anything contained elsewhere in this Act, the
State Government may, if it considers necessary so to do, reappoint the first
Chairman to be the Chairman of the Commission till he attains the age or
sixty-five years. Explanation.—“First Chairman” shall mean the person who has held
the office of the Chairman immediately after the constitution of the
Commission. The State Government may, after making inquiry in such manner as
may be prescribed, remove the Chairman or any other member from his office on
any of the following grounds, namely:— (a)
misconduct involving moral
turpitude. (b)
insolvency, or (c)
infirmity of body or mind. (1)
The staff of the Commission shall
consist of— (a)
a Secretary who shall be
appointed by the State Government, and (b)
such other employees as the
Commission may, with the previous approval of the State Government, appoint
from time to time. (2)
The salary of the Secretary and
other employees of the Commission shall be such as may be determined by the
State Government. (3)
The other terms and conditions of
service of the Secretary shall be such as may be prescribed and those or the
other employees of the Commission shall be such as may be provided for by
regulations. [13][(1) Notwithstanding anything contained in any other law for the
time being in force or in any contract, custom or usage to the contrary, it
shall be the duty of the Zonal Unit of the Commission to select persons for
appointment to the posts of Teachers or Librarians of a College: Provided that— (i)
for selection of persons for
appointment to the posts of Teachers or Librarians other than Principal, the
Zonal Unit of the Commission shall be aided by two persons having special
knowledge on the subject for which such selection is to be made, of whom one
shall be a nominee of the University to which such College is affiliated and
the other shall be a nominee of the Chancellor of such University, (ii)
for selection of person for
appointment to the post of Principal, the Zonal Unit of the Commission shall be
aided by the Vice-Chancellor of the University to which such College is
affiliated or his nominee and a nominee of the Chancellor of such University. Explanation.—For the purposes of this sub-section, a nominee shall
not be below the rank of the Professor of the University.] (2) It shall [14][*
* *] be the duty of the Commission to advise the Chancellor or the State
Government on such matter as may be referred to it by cither of them. (1)
The manner of selection of
persons for appointment to the posts of [15][Teachers
or Librarians of a College] shall be such as may be provided for by
regulations. (2)
The procedure for the conduct of
business of the Commission shall be such as may be provided for by regulations. [16](1) Notwithstanding anything contained in any other law for the
time being on force or in any contract, custom or usage to the contrary,
appointments to the posts of [17][Teachers
or Librarians of a College] shall be made on the recommendation of the
Commission. [18](2) Notwithstanding anything contained in sub-section (1),— (a)
any recommendation, made before
the constitution of the Commission, by the Selection Committee referred to in
the first proviso to Section 3 of the West Bengal College Teachers (Security of
Service) Act, 1975 (West Ben. Act 36 of 1975) for appointment to any post of
Teacher of a college shall remain valid for a period of one year and six months
from the date of such recommendation and appointment to such post shall be made
on such recommendation; (b)
recommendation of the Commission
shall not be necessary with respect to the appointment, on a part-time basis,— (i)
to a post of Teacher of a college
in the professional subject of law, accountancy, business organization or
secretarial practice, or (ii)
to any vacancy for a period not
exceeding six months in any other post of Teacher of a college occurring by
reason of leave. [19](3) Thu method of, and the qualifications required for,
appointment of a Teacher of a college under chime (b) of sub-suction (2) shall
be such as may be prescribed. Section [20][9-A. Commission to hold eligibility test of person
before section for selection for appointment to posts of Lecturer in
Universities and Colleges (1)
Notwithstanding anything
contained elsewhere in this Act or in any oilier law for the time being in
force or in any contract, custom or usage to the contrary, it shall be the duty
or the Commission to hold, in such manner us may be provided for by
regulations, eligibility test at State level of persons, who are candidates for
appointment to the posts of Lecturer in Arts, Sciences, Social Sciences,
Commerce, Education, Physical Education, Foreign Languages, Law, Journalism and
Mass Communication, or Music in any University or institution deemed to be a
University or College or Government College, prior to the selection of such
persons by any authority competent to make the selection for such appointment
under any law for the time being in force. The standard of such eligibility
test shall be at par with the standard of eligibility test at National level
held by the University Grants Commission. Explanation.—“University Grunts Commission” shall mean the
University Grants Commission established under Section 4 of the University
Grants Commission Act, 1956 (Act 3 of 1956). (2)
Notwithstanding anything
contained in any other law for the time being in force or in any contract,
custom or usage to the contrary, selection or persons for appointment to the
posts of Lecturer in Arts, Sciences, Social Sciences, Commerce, Education,
Physical Education, Foreign Languages, Law, Journalism and Mass Communication,
or Music in any University or institution deemed to be a University or College or
Government College shall be made by the authority competent to make the
selection for such appointment under any law for the time being in force from
amongst the persons found eligible for such selection on the basis of the
eligibility test as aforesaid. (3)
Notwithstanding anything to the
contrary contained elsewhere in this Act, the provisions of this section shall
apply in relation to any college not receiving any aid from the State
Government or any college established and administered by a minority, whether
based on religion or language. Section [21][9-B. Re-recommendation by the Commission If in a College no student is admitted in a particular subject for
five consecutive academic sessions, the Commission may, with the prior consent
of the State Government, re-recommend a teacher of such subject to a college
where such students are available.] Notwithstanding anything contained elsewhere in this Act, the
terms and conditions of service of [22][Teachers
or Librarians] of a college in the employment of such college immediately
before the commencement or this Act shall not be varied to the disadvantage of
such [23][Teachers or Librarians]
in so far as such terms and conditions relate to the appointment of such [24][Teachers
or Librarians] to the posts held by them immediately before the commencement of
this Act. The Commission may call for any record, report or other
information from [25][any
College, Government College, University or institution deemed to be a
University] if, in its opinion such record, report or other information is
necessary for efficient discharge of is function, and [26][the
College or the Government College or the University or the institution denied
to be a University,] as the case may be, shall furnish such record, report or
other information to the Commission. It shall be the duty of the Commission to present annually to the
Governor a report as to the work done by the Commission and on receipt or such
report the Governor shall cause a copy thereof to be laid before the State
Legislature. The Chairman and other members and persons appointed under this
Act shall, while acting or purporting to act under this Act, be deemed to be
public servants within the meaning of Section 21 of the Indian Penal Code (Act
45 of 1860). The proceedings of the Commission shall not be invalidated by
reason of any vacancy in the office of the Chairman or any other member. [27][Subject to the provisions of Section 9-A, nothing contained in
this Act] shall apply in relation to any college not receiving any aid from the
State Government or any college established and administered by a minority,
whether based on religion or language. (1)
The State Government may, by
notification, make rules for carrying out the purposes of this Act. (2)
In particular, and without prejudice
to the generality of the foregoing power, such rules may provide for all or any
of the following matters, namely:— (a)
[28][* * *] (b)
the manner in which an inquiry is
to be made for removal of the Chairman or any other member of the Commission
under sections; (c)
the terms and conditions or
service of the Secretary of the Commission under sub-section (3) of Section 6: (d)
any other matter which may be, or
is required to be, prescribed. (1)
The Commission may, with the
previous approval of the State Government, make regulations, not inconsistent
with the provisions of this Act or the rules made thereunder, for discharging
its function under this Act. (2)
In particular, and without
prejudice to the generality or the foregoing power, such regulations may
provide for all or any of the following mailers, namely:— (a)
the terms and conditions of
service of the employees of the Commission under sub-section (3) of Section 6; (b)
the manner of selection of
persons for appointment to the posts of [29][Teachers
or Librarians of a College] under sub-section (1) or Section 8; (c)
the procedure for the conduct of
business of the Commission under sub-section (2) of Section 8; [30](d) the mariner of holding eligibility test of persona, who are
candidates for appointment to the posts of Lecturer in any University or
institution deemed to be a University or College or Government College, prior
to the selection of such persons by any authority competent to make the
selection for such appointment under any law for the time being in force, under
sub-section (1) of Section 9-A. [1] For Statement of Objects
and Reasons, see the Calcutta Gazette Extraordinary, Part IV, of
the 18th November, 1978, page 2393; for proceedings of the West Bengal
Legislative Assembly, see the proceedings of the meeting of that
Assembly held on the 5-12-1978. [2] Ins. by West Bengal Act
26 of 1993, S. 2, dated 20-4-1995. [3] Ins. by West Bengal Act
15 of 2005, S. 2(1) (w.e.f. the date to be notified). [4] Subs. by West Bengal Act
13 of 2008, S. 2 (w.e.f. the date to be notified). Prior to substitution it
read as: “[(q) “University” means any of the
Universities constituted or established, as the case may be, under— (i) the Bidhan Chandra Krishi Viswa
Vidyalaya Act, 1974 (West Ben. Act 49 of 1974), (ii) the Calcutta University Act,
1979 (West Ben. Act 38 of 1979), (iii) the Vidyasagar University Act,
1981 (West Ben. Act 18 of 1981), (iv) the Burdwan University Act,
1981 (West Ben. Act 23 of 1981), (v) the Jadavpur University Act,
1981 (West Ben. Act 24 of 1981), (vi) the North Bengal University
Act, 1981 (West Ben. Act 25 of 1981), (vii) the Rabindra Bharati
University Act, 1981 (West Ben. Act 36 of 1981), (viii) the Kalyani University Act,
1981 (West Ben. Act 40 of 1981), (ix) the Netaji Subhas Open
University Act, 1997 (West Ben. Act 19 of 1997), and (x) the Bengal
Engineering and Science University, Shibpur Act, 2004.]” [5] Subs. for “eleven
members” by West Bengal Act 13 of 2008, S. 3 (w.e.f. the date to be notified). [6] Omitted by West
Bengal Act 15 of 2005, S. 3(2) (w.e.f. the date to be notified). Prior to
omission it read as: “(2) of the members one
shall be a person who, not being an educationist, occupies or has occupied, in
the opinion of the State Government, a position of eminence in public life or
in Judicial or Administrative Service and the others shall have teaching
experience either as a Professor of a University or as a Principal for a period
of not less than ten years, or as a teacher, other than Principal of a College,
for a period of not less than fifteen years.” [7] Ins. by West Bengal Act
15 of 2005, S. 4 (w.e.f. the date to be notified). [8] Subs. by West Bengal Act
13 of 2008, S. 4 (w.e.f. the date to be notified). Prior to substitution it
read as: “(1) There shall be five Zonal Units
of the Commission consisting of the following Zones:— (i) the North Bengal University
Zone, (ii) the Kalyani University Zone, (iii) the Burdwan University Zone, (iv) the Vidyasagar University Zone,
and (v) the Calcutta University Zone: Provided that the State
Government may, by order, determine the jurisdiction of every Zonal Unit of the
Commission.” [9] Subs. by West Bengal Act
13 of 2008, S. 5(1) (w.e.f. the date to be notified). Prior to substitution it
read as: “[(1) The Chairman and other members
of the Commission shall be appointed by the State Government in consultation
with the Chancellor of the Universities referred to in clause (q) of Section 2.
The Chairman shall be whole-time member and shall hold office for a period of
four years and the other members shall be honorary part-time members and shall
hold office for a term of two years: Provided that a person who has held
office as Chairman or other member shall, on the expiration of his term of
office, be eligible for further appointment as Chairman or other member: Provided further that no person who
has attained the age of sixtytwo years shall be eligible to hold office in any
capacity, whether as Chairman or other member: Provided also that no
serving Teacher of a College or University shall be eligible for appointment as
honorary part-time member.]” [10] Subs. for “sixty-two
years” by West Bengal Act 13 of 2008, S. 5(2) (w.e.f. the date to be notified). [11] Subs. by West Bengal Act
15 of 2005, S. 5(2) (w.e.f. the date to be notified). Prior to substitution it
read as: “(5) The salary of the
Chairman and other members shall be such as may be determined by the State
Government and the other terms and conditions of service shall be such as may
be prescribed.” [12] Ins. by S. 2 of the West
Bengal College Service Commission (Amendment) Act, 1980 (West Ben. Act 40 of
1980). [13] Subs. by West Bengal Act
15 of 2005, S. 6(1) (w.e.f. the date to be notified). Prior to substitution it
read as: “(1) Notwithstanding anything
contained in any other law for the time being in force or in any contract,
custom or usage to the contrary, it shall be the duty of the Commission to
select persons for appointment to the posts of Teachers of a College: Provided that— (i) for selection of persons for
appointment to the posts of Teachers oilier than Principal, the Commission
shall be aided by two persons having special knowledge on the subject for which
such selection is to be made, of whom one shall be a nominee or the University
to which such college is affiliated and the other shall be a nominee of the
Chancellor of such University. (ii) for selection of
person for appointment to the post of Principal, the Commission shall be aided
by the Vice-Chancellor of the University to which such college is affiliated or
his nominee and a nominee of the Chancellor of such University.” [14] The word
“also” omitted by West Bengal Act 15 of 2005, S. 6(2) (w.e.f. the
date to be notified). [15] Subs. for “Teachers of a
college” by West Bengal Act 15 of 2005, S. 7 (w.e.f. the date to be notified). [16] Section 9 was renumbered
as sub-section (1) of that section and after sub-section (1) as so renumbered,
sub-sections (2) and (3) were inserted by S. 3 of the West Bengal Act 26 of
1993, dated 20-5-1995. [17] Subs. for “Teachers of a
college” by West Bengal Act 15 of 2005, S. 8 (w.e.f. the date to be notified). [18] Section 9 was renumbered
as sub-section (1) of that section and after sub-section (1) as so renumbered,
sub-sections (2) and (3) were inserted by 3 of the West Bengal Act 26 of 1993,
dated 20-5-1995. [19] See foot-note 1 on
page, ante. [20] Section 9-A was inserted
by s. 4 of the West Bengal College Service Commission (Amendment) Act, 1993
(West Ben. Act 26 of 1993). [21] Ins. by West Bengal Act
13 of 2008, S. 6 (w.e.f. the date to be notified). [22] Subs. for “Teachers” by
West Bengal Act 15 of 2005, S. 9 (w.e.f. the date to be notified). [23] Subs. for “Teachers” by
West Bengal Act 15 of 2005, S. 9 (w.e.f. the date to be notified). [24] Subs. for “Teachers” by
West Bengal Act 15 of 2005, S. 9 (w.e.f. the date to be notified). [25] The words within the
square brackets were substituted for the words “any College or University” by
s. 5(a) of the West Bengal College Service Commission (Amendment) Act, 1993
(West Ben. Act 27 of 1593). [26] The words within the
square brackets were for the words “the College or the University,” by s.
5(b), ibid. [27] The words, figure and
letter within the square brackets were substituted for the words “Nothing
contained in this Act” by s. 6, ibid. [28] Omitted by West
Bengal Act 15 of 2005, S. 10 (w.e.f. the date to be notified). Prior to
omission it read as: “(a) the terms and
conditions of service of the Chairman and other members of the Commission under
sub-section (5) of Section 4;” [29] Subs. for “Teachers of a
college” by West Bengal Act 15 of 2005, S. 11 (w.e.f. the date to be notified). [30] Clause (d) was inserted
by s. 7 of the West Bengal College Service Commission (Amendment) Act, 1933
(West Ben. Act 26 of 1993).West Bengal College Service
Commission Act, 1978
Section 4. Appointment and terms and conditions of
service of members
Section 8. Manner of selection of persons and procedure
for the conduct of business of the Commission
Section 15. Act not to apply in relation to certain
colleges