West Bengal College Teachers (Security Of Service) Act, 1975
No: 36 Dated: Oct, 01 1975
THE WEST BENGAL COLLEGE TEACHERS (SECURITY OF SERVICE) ACT, 1975
West Bengal Act XXXVI of 1975
An Act to provide for the security of service of teachers of affiliated, constituent and Government Sponsored Colleges in West Bengal.
Whereas it is expedient to provide for the security of service of teachers of affiliated, constituent and Government Sponsored Colleges in West Bengal;
It is hereby enacted as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal College Teachers (Security of Service) Act, 1975.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(1) "college" means a college or an institution affiliated to a University in accordance with the provisions of the Act constituting such University or the Statutes made thereunder and includes a constituent college or a Government Sponsored College but does not include a Government College;
(2) "constituent college" means a college recognised as such by the University but does not include a Government College;
(3) "Governing Body", in relation to a college, means the managing committee or any other body charged with the management of the affairs of that college and recognised as such by the University to which such college is affiliated;
(4) "Government college" means a college maintained and managed by the State Government;
(5) "Government Sponsored College" means a college declared by the State Government as such;
(6) "prescribed" means prescribed by rules made under this Act;
(7) "Principal" means the head of a college by whatever name called;
(8) "Statutes", "Ordinances" and "Regulations" means respectively the Statutes, Ordinances and Regulations of the affiliating University;
(9) "teacher" means Professor, Assistant Professor, Lecturer, Tutor, Demonstrator, Physical Instructor or any other person holding a teaching post recognised by the affiliating University and appointed as such by a college and includes its Principal and Vice-Principal.
3. Appointment of teacher. - Appointment to the post of a teacher shall be made by the Governing Body on the recommendation of the University and College Services Commission to be constituted by the State Government in the manner prescribed:
Provided that pending formation of such Commission such appointment shall be made on the recommendation of a Selection Committee to be constituted for the purpose in the manner prescribed:
Provided further that no recommendation of the University and College Services Commission or the Selection Committee will be necessary with respect to filling up for a period not exceeding six months of any permanent or temporary vacancy in the post of a teacher:
Provided also that in cases of permanent vacancies or temporary vacancies for a period exceeding six months, if no recommendation of the University and College Services Commission or Selection Committee, as the case may be, is forthcoming, it shall be lawful for the Governing Body of the college to extend, with the prior approval of the University to which such college is affiliated, the period of temporary appointment of a teacher from time to time, so, however, that the total period of such temporary appointment shall not exceed two years.
4. Letter of appointment of teacher. - Every teacher of a college shall, on his appointment as such, be provided with a letter of appointment containing such terms and conditions of appointment as may be prescribed.
5. Probation. - (1) A teacher appointed against a permanent, vacancy shall be on probation ordinarily for a period of one year from the date of such appointment and such period of probation may at the discretion of the Governing Body be extended for a further period not exceeding one year.
(2) If at any time during the period of probation the probationer’s work is not considered satisfactory, the probationer shall be discharged by the Governing Body.
(3) On satisfactory completion of the period of probation, a teacher shall be confirmed with effect from the date of his appointment on probation by an order in writing made by the Governing Body and the fact of such confirmation shall be communicated to such teacher:
Provided that if on completion of the period of probation of a teacher no such order of confirmation is passed and communicated within a period of two months of the completion of the period of probation, the teacher shall be deemed to have been confirmed with effect from the date of his appointment on probation.
6. Termination of service of temporary teacher. - The services of a temporary teacher shall not be terminated before the expiration of the period for which he was appointed except after serving one month’s notice or paying him one month’s salary in lieu thereof.
7. Maintenance of Service Register. - (1) A Service Register in respect of every teacher of a college shall be maintained by such authority and in such form and shall contain such particulars of service as may be prescribed.
(2) The Service Register so maintained shall, on demand, be shown to the teacher concerned.
8. Other duties of teacher. - Every teacher shall co-operate with and assist the Principal in carrying out such functions as appraising applications for admission, conducting co-curricular activities and holding University and college examinations including supervision thereof.