THE WEST BENGAL UNIVERSITIES (CONTROL OF EXPENDITURE) ACT, 1976.

West Bengal Act XVII of 1976

1st April, 1976

An Act to provide for the control of expenditure in various universities and colleges affiliated to such universities in West Bengal. WHEREAS it is expedient to provide for the control of expenditure in various universities and colleges affiliated to such universities in West Bengal; It is hereby enacted in the Twenty-seventh Year of the Republic of India, by the Legislature of West Bengal, as follows:—

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S.1 Short title and commencement

This Act may be called the West Bengal Universities (Control of Expenditure) Act, 1976.

S.2 Definitions

In this Act, unless the context otherwise requires,—

• (a) "prescribed" means prescribed by rules made under this Act;
• (b) "revised scale" means any of the scales of pay sanctioned by the Government of West Bengal, Education Department Order No. 372-Edn.(CS)/5P-9/74, dated 7th April, 1975, which is reproduced in the Schedule to this Act:
  Provided that the State Government may, by notification published in the Official Gazette, amend the Schedule from time to time and the Schedule so amended shall be deemed to be part of this Act;
• (c) "Schedule" means the Schedule to this Act;
• (d) "teacher" includes a Professor, Associate Professor, Reader, Assistant Professor, Lecturer and any other person holding a teaching post and also a person who may be declared to be a teacher;
• (e) "university" means any of the universities constituted or established, as the case may be, under sub-section (1) of section 3 of—
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S.3 No post to be created or appointment made without State Government's approval.

(1) Notwithstanding anything contained in any law for the time being in force or in any contract, custom or usage to the contrary, no university or no college affiliated to such university, excepting a college which is,—

• (a) established, maintained or administered by the State Government, or
• (b) established by a religious or linguistic minority, or
• (c) not in receipt of any financial assistance from the State Government,

shall, after the commencement of this Act,—

• (i) create any teaching or non-teaching post involving any financial liability,
• (ii) increase the pay or allowances attached to any post or sanction any new allowances:
  Provided that the State Government may, by an order, revise the scale of pay attached to such post or sanction any new allowance,
• (iii) grant any special pay or allowance or other remuneration under any description whatsoever including ex-gratia payment or any other
  

S.4 Retirement of teachers.

Every teacher of a university or any college affiliated to such university who is in receipt of pay in the revised scale shall retire from service on attaining the age of sixty years.

S.5 Inquiry into the affairs of a university or college.

The State Government may, as and when it considers necessary, institute inquiry into the affairs of a university or college affiliated to such university, relating to financial matters and exercise control over such matters through such agency as the State Government may think fit to appoint in this behalf.

S.6 Submission of Budget.

(1) Notwithstanding anything contained in any Act, or in any Statute, Ordinance or Regulation made thereunder, every University shall submit a budget showing its estimated receipts and disbursements for the following year, to the State Government immediately after the same is finalised by the University at a meeting specially convened for the purpose.

(2) A University may submit a supplementary budget at any time within the financial year to the State Government.

(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the State Government may authorise a University to incur any expenditure not forming part of its budget or supplementary budget, as the State Government considers necessary.

Explanation.—For the purpose of this section, ‘financial year’ means the year ending on the 31st day of March.

S.7 Power to remove difficulties.

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.

S.8 Act to override other laws.

The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law or in any contract, express or implied, or in any instrument and notwithstanding any usage or custom to the contrary.

S.9 Power to make rules.

(1) The State Government may, by notification in the Official Gazette, 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.

S.10 Repeal and savings.

(1) The West Bengal Universities (Control of Expenditure) Ordinance, 1976, is hereby repealed.

(2) Anything done or any action taken under the West Bengal Universities (Control of Expenditure) Ordinance, 1976, shall be deemed to have been validly done or taken under this Act as if this Act had commenced on the 30th day of January, 1976.

SCHEDULE.

[See section 2(c).]

GOVERNMENT OF WEST BENGAL

Education Department

College Sponsored

No. 372-Edn.(CS)/5P-9/74

From : Shri B. N. Chatterjee, I.A.S., Jt. Secy. to the Government of West Bengal.

To : The Director of Public Instruction, West Bengal.

Calcutta, the 7th April, 1975.

Subject : Revision of salary scales of University and College teachers.

The undersigned is directed to say that the Government of India, in their letter No. F.I-40/74-U.I., dated 2nd November 1974, of the Ministry of Education and Social Welfare, requested the State Government to consider the question of implementing in this State the scheme of the revised pay scales of University and College teachers as recommended by the University Grants Commission with such modifications, if any, as may be considered necessary to suit local conditions. The Government of India offered to render financial assistance to the extent of 80 per cent. of the additional

ANNEXURE III.

Qualifications for recruitment to the posts of Lecturers in the Faculties of Arts and Social Science including Commerce and Science in Universities and Colleges.

University Lecturers—

• (a) A Doctor's degree or published work of an equally high standard;
• (b) consistently good academic record with 1st or high 2nd class (B+) Master's degree in a relevant subject or an equivalent degree of a foreign University.

Having regard to the need for developing inter-disciplinary programmes, the degrees in (a) and (b) above may be in relevant subjects:

Provided that if the selecting authority is of the view that the research work of a candidate as evident either from his thesis or from his published work is of very high standard, it may relax any of the qualifications prescribed in (b) above:

Provided further that if a candidate possessing a Doctor's degree or equivalent published work is not available or is not considered suitable, a perso