West Bengal Universities (Control of Expenditure) Act, 1976
No: 17 Dated: Apr, 01 1976
THE WEST BENGAL UNIVERSITIES (CONTROL OF EXPENDITURE) ACT, 1976
West Bengal Act XVII of 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 as follows :-
1. Short title. - This Act may be called the West Bengal Universities (Control of Expenditure) Act, 1976.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Government-aided college" means a college receiving periodical pay packet from the State Government on account of salary and allowances of the teachers and other academic staff including the nonteaching employees of the college;
(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) "State-aided University" means a University constituted and incorporated by a State Act and receiving regular grants from the State Government.
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 benefits having financial implication to any person holding a teaching or non-teaching post, or
(iv) incur, except as provided in the rules prescribed for the purpose, any expenditure on any development scheme, without the prior sanction of the State Government.
(2) Notwithstanding anything contained in any law for the time being in force or in any contract, custom or usage to the contrary no college other than any of the colleges referred to in clauses (a), (b) or (c) of sub-section (1) shall, after the commencement of this Act, appoint any person to any post without the prior sanction of the State Government:
Provided that no sanction of the State Government shall be necessary for filling up any sanctioned post of a teacher for a period not exceeding six months by a candidate who possesses the prescribed qualifications.
4. Retirement of Teachers. - Every full-time regular teacher, Principal and such other regular employees, who are in receipt of the State Government’s notified scale of pay and holding a substantive post in any State-aided University or Government aided college shall retire from service on attaining such age as may be determined and notified in the Official Gazette by the State Government, from time to time.
5. Inquiry into the affairs of the 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.
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.