West Bengal Schools (Control of Expenditure) Act, 2005
No: 14 Dated: Aug, 19 2005
THE WEST BENGAL SCHOOLS (CONTROL OF EXPENDITURE) ACT, 2005
West Bengal Act XIV of 2005
An Act to provide for the control of expenditure in the schools in West Bengal.
WHEREAS it is expedient to provide for the control of expenditure in the schools in West Bengal and the matter connected therewith or incidental thereto;
It is hereby enacted in the Fifty-sixth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. Short title, extent and commencement:- (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 different areas.
2. Definitions. - 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, 1963;
(c) "Board of Madrasah" means the West Bengal Board of Madrasah Education established under the West Bengal Board of Madrasah Education Act, 1994;
(d) "Council" means the West Bengal Council of Higher Secondary Education established under the West Bengal Council Of Higher Secondary Education Act, 1975;
(e) "Director" means the Director of School Education, West Bengal;
(f) "District Level Inspection Team" means the District Level Inspection Team constituted under sub-section (1) of section 8;
(g) "Madrasah" shall have the same meaning as defined in clause (h) of section 2 of the West Bengal School Service Commission Act, 1997;
(h) "non-teaching staff" means a member of the staff other than a teacher of a school;
(i) "notification" means notification published in the Official Gazette;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "recognised", with its grammatical variations, used with reference to a school, shall mean recognised or deemed to have been recognised under -
(i) the West Bengal Board Of Secondary Education Act, 1963, or
(ii) the West Bengal Primary Education Act, 1973, or
(iii) the West Bengal Council Of Higher Secondary Education Act, 1975, or
(iv) the West Bengal Board of Madrasah Education Act, 1994;
(l) "region" means a region as specified under sub-section (2) of section 3 of the West Bengal School Service Commission Act, 1997;
(m) "school" means -
(i) a recognised non-Government aided -
(A) secondary school, or educational institution, or part or department of such school or institution, imparting instruction in secondary education, or
(B) higher secondary school, or educational institution (other than a college), or part or department of such school or institution, imparting instruction in higher secondary education, or
(C) Madrasah, or
(D) Primary Teachers' Training Institution; or
(ii) a recognised non-Government institution which has been imparting instruction in secondary education or higher secondary education or madrasah education and receiving grant from the State Government in the form of dearness allowance for its teachers and non-teaching staff.
Explanation I. - "Aided", with its grammatical variations, used with reference to a school, shall mean aided by the State Government in the shape of financial assistance towards the [pay] of the teachers and non-teaching staff of that school.
Explanation II.—"Basic pay" shall mean the monthly pay of a teacher or non-teaching staff of a school, which corresponds to a stage in the time-scale of pay of the post held by the teacher or non-teaching staff in that school.
Explanation III. - "Secondary Education" shall have the same meaning as in clause (1) of section 2 of the West Bengal Board Of Secondary Education Act, 1963.
Explanation IV. - "Higher Secondary Education" shall have the same meaning as in clause (d) of section 2 of the West Bengal Council Of Higher Secondary Education Act, 1975;
(n) "school authority", in relation to a school, means the governing body, managing committee, ad hoc committee, administrator or any other body, by whatever name it is called, which is charged with the management of the affairs of the school;
(o) "State Government" means the Government of West Bengal in the School Education Department;
(p) "teacher" means an Assistant Teacher or any other person, holding a teaching post in a school on a regular and whole-time basis and is paid from the fund under the control of the State Government and includes a Headmaster or a Headmistress;
(q) "unaided school" means a recognised unaided school to which no financial assistance has been sanctioned by the State Government;
(r) "West Bengal Board of Primary Education" means the West Bengal Board of Primary Education established under the West Bengal Primary Education Act, 1973.
3. Application. - 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