No: 37 Dated: Jul, 29 1994

THE WEST BENGAL STATE COUNCIL OF HIGHER EDUCATION ACT, 1994

West Bengal Act XXXVII of 1994

    An Act to provide for the establishment of a State Council of Higher Education in West Bengal.

    Whereas there are guidelines laid down by the University Grants Commission for the selling up of State Councils of Higher Education;

    And whereas it is expedient to establish a State Council of Higher Education in West Bengal, keeping in view the guidelines laid down by the University Grants Commission in order to maintain the standards of teaching, examination and research in Universities and affiliated colleges in West Bengal largely in line with the objectives determined by the University Grants Commission, monitor the performance of the affiliated colleges in this respect, and strengthen the planning and co-ordination of education programmes in higher education so as to (a) fulfil the need of the future development, (b) control unplanned expansion, (c) channelise higher education in desirable directions on the basis of the socio-economic need and academic requirement and, finally, (d) act as a link as far as possible between the Universities and the colleges on the one hand and the State Government on the other and work closely with the University Grants Commission;

    It is hereby enacted as follows:-

1. Short title and commencement. - (1) This Act may be called the West Bengal State Council of Higher Education Act, 1994.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

2. Definitions. - In this Act, unless, there is anything repugnant in the subject or context, -

(a) "Chairman" means the Chairman of the State Council of Higher Education;

(b) "college" means a college affiliated to a University, and includes a Government college. University college, engineering or technological college, or medical college.

Explanation I. - "Government college" means a college maintained and managed by the Government.

Explanation II. - "University college" means a college maintained and managed by a University;

(c) "degree" means a degree in arts, science, commerce, fine arts, engineering, technology, management, law or in any other subject recognised by a University in West Bengal, and includes a postgraduate degree;

(d) "diploma" means a diploma awarded on completion of a course of study after graduation, but does not include a certificate;

(e) "Government" means the Government of West Bengal;

(f) "higher education" means, an education above the twelfth class leading to a degree or diploma;

(g) "notification" means a notification published in the Official Gazette, and the word "notified" shall be construed accordingly;

(h) "prescribed" means prescribed by rules made under this Act;

(i) "State Council" means the West Bengal State Council of Higher Education constituted under sub-section (1) of section 3;

(j) "Teacher" means a Lecturer, Assistant Professor, Reader, Associate Professor or Professor of a University or a college, and includes a Lecturer in senior scale or a Lecturer in Selection Grade;

(k) "University" means a University established under any State or Central Act, and includes a Deemed University in West Bengal.

Explanation. - "Deemed University" means an institution for higher education, other than a University, declared by the Central Government to be deemed to be a University under section 3 of the University Grants Commission Act, 1956.

(l) "University Grants Commission" means the University Grants Commission established under section 4 of the University Grants Commission Act, 1956;

(m) "Vice-Chancellor" means a Vice-Chancellor of a University, and includes the Director of a Deemed University.

3. State Council. - (1) The Government may, by notification, constitute a State Council for the purposes of this Act to be called the West Bengal State Council of Higher Education, with effect from such dates as may be specified in the notification.

(2) The State Council shall be a body corporate with perpetual succession and a common seal and shall sue and be sued by the name of the West Bengal State Council of Higher Education.

(3) The headquarters of the State Council shall be located at Calcutta.