WEST BENGAL SCHOOLS (CONTROL OF EXPENDITURE) ACT, 2005
(1) This Act may be called the West Bengal Schools (Control of Expenditure) Act, 2005.
(2) It extends to the whole of West Bengal.
(3) This section shall come into force at once and the remaining sections shall come into force on such date or dates and in such area or areas as the State Government may, by notification, appoint and different dates may be appointed for different sections or for differentareas.
In this Act unless the context otherwise requires.
(a) "approved" means approved by the Director or his authorised officer;
(b)"Board" means the West Bengal Board of Secondary Education established under the West Bengal Board of Secondary Education Act, (West Ben. Act V of 1963.) 1963;.
(c) "Board of Madrasah" means the West Bengal Board of Madrasah Education established under the West Bengal Board of Madrasah Education Act. (West Ben. Act XXXIX of 1994.) 1994;
(d) "Council" means the West Bengal Council of Higher Secondary Education established under the West Bengal Council of Higher Secondary Education Act,
This Act shall apply to schools other than,
(a) a school not in receipt of any financial assistance from the State Government; or
(b)a Government school;
Provided that the State Government may, if it considers necessary in the exigencies of public service, exempt any school from the operation of this Act for such period as it may think necessary.
Explanation. "Government school" means a school maintained and managed by the State Government, the Government of India, or the Railway Board Under the Ministry of Railway, Government of India.
(1) Save as otherwise provided in sub-section (2) no school authority shall
(i) create any teaching or non-teaching post involving any financial liability on the State exchequer: or
(ii) appoint or engage any teacher or non-teaching staff; or
(iii) regularise the service of any person, who has rendered service on any casual or part-time vacancy on contract of any other basis, against any permanent teaching or non-teaching post of a school; or
(iv) revise the pay or allowances of any teacher or non-teaching staff; or
(v) grant any special pay or allowance or other remuneration under any description whatsoever including ex gratia payment or any other benefit,
(1) No school authority shall appoint any teacher in a school in contravention of the provisions of this Act, or the provisions of the West Bengal School Service Commission Act (West Ben. Act IV of 1997.). 1997. or any rules, orders, procedures of directions issued thereunder.
(2) No school authority shall appoint any non-teaching staff in a school excepting in the manner as may be prescribed.
(3)Any appointment made by a school authority in contravention of sub-section (1) or sub-section (2) shall be void.
No unaided school shall be entitled to get any financial assistance from the State Government.
Notwithstanding anything contained in any other law for the time being in force or any rules or orders issued thereunder or any contract, customs or usages to the contrary, no person, who has been appointed as teacher or non-teaching staff on any casual or part-time vacancy or on contract basis in a school, shall have any right to be appointed on permanent basis in any sanctioned post or by creating any new post only for rendering such service.
(1) The State Government may. by order, constitute a District Level Inspection Team for each district.
(2)The District Level Inspection Team shall consist of the following members:
(a)nominee of the Board:
(b)a nominee of the Council;
(c)a nominee of the Board of Madrasah:
(d)the District Inspector of Schools (Secondary Education).
(3)The District Inspector of Schools (Secondary Education) shall be the Member-convenor of the said District Level Inspection Team.
(1) The State Government may,
(a)select the site for setting up a new school,
(b)set up a new school,
(c)upgrade an existing school.
(d) determine the strength of teacher and non-teaching staff in a school, in such manner as may be prescribed.
(2) Notwithstanding anything contained in sub-section (1) the State Government shall not set up a new school or upgrade an existing school unless
(a)the District Level Inspection Team recommends so to do, and
The State Government may, if it considers necessary so to do, sanction additional post of teacher or non-teaching staff in a school in such manner as may be prescribed:
Provided that no such additional post of teacher or non-teaching staff shall be sanctioned, unless due appropriation is made in the Budget of the State by the State Legislature in this behalf.
(1) The State Government may. if it considers necessary so to do, by general or special order, authorize the Director or any other officer not below the rank of a Sub-Inspector of schools in this behalf to-
(a)inspect any school, its buildings, laboratories, libraries, records and equipments;
(b)make an enquiry into any financial irregularities by any school:
(c) make an enquiry into the income, expenditure, properties, assets and liabilities of any school.
(2)The State Government may, after considering the report of such inspection or inquiry, direct the school authority to take such action to the matter concerned, as may. In the opinion of the State Gove
If the State Government has reason to believe that the number of students studying in a particular school has fallen below the prescribed number, or the school authority has failed to take action as directed by the State Government under section 11. it may. after giving the concerned school authority an opportunity of being heard and for the reasons to be recorded in writing.
(a) direct the Board, West Bengal Board of Primary Education. Council, Board of Madrasah, or such other authority to derecognise the school: or
(bj abolish any teaching or non-teaching post of such school: or
(c) order shifting of teaching and non-teaching staff from such school to any other schoo! within the region; or
The State Government may
(a)determine and approve the case of fixation of pay of the teacher or non-teaching staff of a school in the manner, as may be prescribed:
(b) determine the age of superannuation and the benefits payable after superannuation to the teachers and non-teaching staff of a school in the manner as may be prescribed.
(1) Every teacher of a school shall, if appointed in the post of Undergraduate teacher category, be entitled to draw pay in the scale of pay in which he is appointed and shall not be entitled to claim any additional increment or higher scale of pay for acquiring any qualification other than the qualifications specified for such post.
(2)Every teacher of a school shall, if appointed in the post of Graduate teacher category, be entitled to draw pay in the scale of pay in which he is appointed and shall not be entitled to claim any additional increment or higher scale of pay for acquiring any qualifications other than the qualifications specified for such post.
(3)Every teacher of a school shall, if appointed in the Honours Graduate or Post-graduat
Notwithstanding anything contained in the West Bengal Non- Government Educational Institutions and Local Authorities (Control of Provident Fund of Employees) Act (West Ben. Act XXXIX of 1983.). 1983, or in any rules made thereunder, or in any other law for the time being in force,
(a)if a teacher or a non-teaching staff, who had been a subscriber to the Contributory Provident Fund scheme and opted for remaining subscriber to the said scheme instead of being a subscriber to the General Provident Fund scheme, such option shall be treated as final and no change in such option shall be allowed thereafter;
(b) if a teacher or a non-teaching staff, who had been a subscriber to the Contributory Provident Fund scheme and opted for shifting from Contributory Provident Fund Scheme to General Providen
Notwithstanding anything contained elsewhere in this Act. the terms and conditions of service of a teacher or a non-teaching staff in the employment of a school, immediately before the commencement of this Act, shall not be varied to his disadvantage in so far as such terms and conditions relate to the appointment of such teachers and non-teaching staff to the posts held by them immediately before the commencement of this Act.
Whoever contravenes the provisions of section 4 or section 5, shall be punishable with imprisonment for a term not exceeding two years, or with fine, or with both.
No prosecution shall be instituted under this Act without the previous sanction of the State Government.
No suit prosecution or other legal proceeding shall lie against any officer of the State Government for anything which is in good faith done or intended to be done in the discharge of his duties under this Act or the rules or orders made thereunder.
The provisions of this Act or any Rules or orders made thereunder shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, custom or usages to the contrary.
If any difficulty arises in giving effect to the provisions of this Act, the State Government may take such steps or issue such orders not inconsistent with the provisions of this Act, as the State Government may consider necessary for removing such difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
(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 any matter, which may be or is required to be prescribed.
(3)Every rule made under this section shall, as soon as may be after it is made, be laid before the State Legislature.
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