West Bengal State Health Service Act, 1990
No: 7 Dated: May, 16 1990
THE WEST BENGAL STATE HEALTH SERVICE ACT, 1990
West Bengal Act VII of 1990
An Act to provide for the regulation of the recruitment, and conditions of service of persons appointed, to the State Health Service.
Whereas it is expedient, in the public interest, to regulate the recruitment, and the conditions of service of persons appointed, to the State Health Service;
It is hereby enacted as follows:-
1. Short title and commencement. - (1) This Act may be called the West Bengal State Health Service Act, 1990.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions. - In this Act, unless the context otherwise requires, -
(a) "cadre" means the strength of service or a part of service sanctioned by the State Government as a separate unit;
(b) "former West Bengal Health Service" means the West Bengal Health Service in existence immediately before the coming into force of this Act;
(c) "notification" means a notification published in the Official Gazette;
(d) "prescribed" means prescribed by rules made under this Act;
(e) "service" means the State Health Service;
(f) "State Health Service" means the West Bengal Medical Education Service, or the West Bengal Health Service, or the West Bengal Public Health-cum-Administrative Service, as constituted under section 3.
3. Constitution of State Health Service. - With effect from such date as the State Government may, by notification, appoint in this behalf, there shall be constituted the following State Health Services and different dates may be appointed for different services, namely:- 1. The West Bengal Medical Education Service;
2. The West Bengal Health Service;
3. The West Bengal Public Health-cum-Administrative Service.
4. Transfer from one service to another. - (1) No person appointed to the West Bengal Medical Education Service or the West Bengal Public Health-cum-Administrative Service shall be transferred to the West Bengal Health Service:
Provided that any person holding a teaching post in the basic level in the West Bengal Medical Education Service or any person holding either a part of Basic Public Health-cum-Administrative Officer or Public Health-cum-Administrative Officer Group B of the West Bengal Public Health-cum-Administrative Service may exercise an option for the West Bengal Health Service on such terms and conditions as may be prescribed.
Explanation. - 'Basic Public Health-cum-Administrative Officer' and 'Public Health-cum-Administrative Officer Group B' shall mean respectively the two lower most tiers in the cadre hierarchy of the West Bengal Health-cum-Administrative Service subject to the provisions of section 8A of the Act.
(2) No person appointed to the West Bengal Health Service or the West Bengal Public Health-cum-Administrative Service shall be transferred to the West Bengal Medical Education Service.
(3) Any person appointed to a post included in the West Bengal Health Service, other than a post included in the cadre for Public Healh-cum-Administration as a separate unit, may transferred to a post included in the cadre for Public Health-cum-Administration as a separate unit.
(4) Subject to the foregoing provisions of this section and the rules made under this Act, the State Government shall have the right to transfer any person from one post to another post:
Provided that except on account of inefficiency or misbehaviour or on his written request, no person shall be transferred to a post carrying less pay than the pay of the post held by him for the time being.
5. Combination of appointment. - Subject to the provisions of this Act, the State Government may appoint any person to hold two or more separate posts on such terms and conditions as may be prescribed.
6. Medical Colleges where a person holding post in the cadre of the West Bengal Medical Education Service or the West Bengal Health Service may exercise option for practice. - The State Government may, by notification, declare any undergraduate or post-graduate Medical College or other teaching institution together with the Hospital, if any, attached to such Medical College or institution to be an institution where a person holding such post in the cadre of the West Bengal Medical Education Service or the West Bengal Health Service, on such terms and conditions, as may be prescribed, may exercise option for practice.
7. Cadre of West Bengal Medical Education Service. - The cadre of the West Bengal Medical Education Service shall consist of such teaching posts on such pattern and on such terms and conditions as may be prescribed and shall include such teaching administrative posts as may be notified by the State Government from time to time:
Provided that such terms and conditions may include the condition of management and supervision of admission to beds, and treatment, of patients in such undergraduate or post-graduate Medical College or other teaching institution together with the Hospital, if any, attached to such Medical College or institution by such persons appointed to the West Bengal Medical Education Service or appointed on such terms and conditions as the State Government may determine, to the exclusion of all other persons appointed to the West Bengal Health Service, as may be prescribed:
Provided further that notwithstanding anything contained elsewhere in this Act, any person holding a teaching administrative post included in the cadre of the West Bengal Medical Education Service shall be deemed to be a person holding a teaching post in the West Bengal Medical Education Service.