The West Bengal University of Technology Act, 2000

The West Bengal University of Technology Act, 2000

West Bengal Act 15 of 2000
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LEGISLATIVE HISTORY 6



Amended upto W.B. Act 12 of 2011
West Bengal University of Technology (Amendment) Act, 2015 (No. 4 of 2015)




Assent of the Governor first published in the Calcutta Gazette, Extraordinary, dated the 20th July, 2000.

An Act to establish and incorporate a technology university in West Bengal and to provide for matters connected therewith or incidental thereto.

Whereas it is necessary to promote the creation of centres of excellence in education and research in science, technology, engineering and management, particularly in emerging areas;

And Whereas it is necessary to improve the quality of education being imparted by the existing engineering and technological colleges affiliated to various universities established under any Bengal or West Bengal Act for the time being in force;

And Whereas it is necessary to support the establishment of engineering and technological colleges and centres of study in basic and applied sciences, particularly in the multi-disciplinary areas;

And Whereas it is necessary to develop facilities for research in engineering and technology as well as basic and applied sciences;

And Whereas it is necessary to impart education and carry out research in management responsive to the global changes in technology and the need of West Bengal;

And Whereas it is expedient to establish a technology university in West Bengal;

It is hereby enacted as follows :-

1. Short title, extent and commencement. - (1) This Act may be called the [Maulama Abdul Kalam Azad University of Technology, West Bengal] Act, 2000.

(2) It extends to the whole of West Bengal.

(3) This section and section 24 shall come into force at once, and the remaining provisions of this Act shall come into force on such date or dates as the State Government may, by notification, appoint, and different dates may be appointed for different provisions of this Act.

2. Definitions. - In this Act, unless the context otherwise requires,-

(1) "Academic Council" means the Academic Council of the University;

(2) "academic year" means a period of twelve months commencing on the first day of July or such other period of twelve months, commencing on such date, as the Executive Council may specify;

(3) "affiliated institution" means a college or an institution affiliated to the University, and includes a college or an institution deemed to be an affiliated college or institution under this Act;

(4) "All India Council for Technical Education" means the All India Council for Technical Education established under the All India Council for Technical Education Act, 1987;

(5) "Chancellor" means the Chancellor of the University;

(6) "General Council" means the General Council of the University;

(7) "Department" means a department of studies of the University;

(8) "Director" means the Director of a School of Studies of the University;

(9) "employee" means any person appointed by the University, and includes a Teacher or any other full-time member of the staff of the University;

(10) "Executive Council" means the Executive Council of the University;

(11) "Finance Committee" means the Finance Committee of the University;

(12) "Minister" means the Minister-in-charge of the Higher Education Department of the State Government;

(13) "non-teaching employee" means a non-teaching employee, other than an officer, not holding any teaching post (including part-time teaching post), appointed or recognized as such by the University;

(14) "notification" means a notification published in the Official Gazette;

(15) "officer" means an officer of the University;

(16) "prescribed" means prescribed by regulations made under this Act;

(17) "Pro-Vice-Chancellor" means the Pro-Vice-Chancellor of the University;

(18) "Registrar" means the Registrar of the University;

(19) "regulations" means the regulations made under this Act;

(20) "Schedule" means the Schedule appended to this Act;

(21) "School of Studies" means a School of Studies of the University;

(22) "State Government" means the Government of West Bengal in the Higher Education Department;

(23) "student" means a student of the University, and includes any person enrolled by the University for pursuing any course of study of the University;

(24) "Teacher" means [a Principal, Professor, Associate Professor, Reader, Assistant Professor] or such other person, holding a teaching post or a part-time teaching post, appointed or recognized by the University or appointed by any affiliated institution;

(25) "the University" means the [Maulama Abdul Kalam Azad University of Technology, West Bengal] constituted under this Act;

(26) "University Grants Commission" means the University Grants Commission established under the University Grants Commission Act, 1956;

(27) "Vice-Chancellor" means the Vice-Chancellor of the University.

3. Constitution of the University. - (1) With effect from such date as the State Government may, by notification, appoint, there shall be constituted a University by the name of the [Maulama Abdul Kalam Azad University of Technology, West Bengal] which shall consist of the Chancellor, the Vice-Chancellor, the Pro-Vice-Chancellor, the Directors, the members of the General Council, the members of the Executive Council, and the members of the Academic Council and the Registrar.

(2) The University shall be a body corporate by the name as aforesaid, having perpetual succession and common seal, and shall sue and be sued by the name of the [Maulama Abdul Kalam Azad University of Technology, West Bengal].

(3) In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar and all processes in such suits and proceedings shall be issued to, and served on, the Registrar.

(4) The headquarters of the University shall be located at such place within West Bengal as the State Government may, by notification, specify.

4. Objects of the University. - The objects of the University shall be-

(1) to organize undergraduate courses of study in engineering and technology, especially in emerging areas;

(2) to organize post-graduate programmes in basic and applied sciences, engineering, and technology and in such other branches of knowledge as the University may deem fit, specially with a view to producing scientists, technologists and managers of high calibre capable of contributing towards development of industries based on modern technology in collaboration with industries as well as national and international research laboratories and academic institutions;

(3) to develop centres of excellence for higher studies and research in basic and applied sciences, engineering, technology and management education;

(4) to accord affiliation, and to provide academic support and guidance, to institutions in science, engineering technology and management within the jurisdiction of the University;

(5) to create awareness in key areas of environmental science, conservation of energy and resource, information technology, and bio-technology;

(6) to organize distance education programmes aiming at a virtual university;

(7) to organize continuing education programme for updating the knowledge and skills of in-service personnel;

(8) to organize and offer consultancy services to industries and other organizations;

(9) to undertake such other activities as may be necessary to fulfil the objects as aforesaid.

5. Powers of the University. - The University shall have the powers-

(1) to provide instruction and teaching leading to Bachelor, Master, and Doctoral degrees in engineering, technology, basic and applied sciences, and management, and in such other branches of knowledge as the University may deem fit;

(2) to establish Departments, Schools or Centres of advance study and research in different branches of knowledge;

(3) to prescribe courses of study for Bachelor, Master, and Doctoral degrees in different branches of learning;

(4) to accord affiliation to institutions in basic and applied sciences, engineering, technology, and management:

(5) to hold examinations and publish results of such examinations for different courses of study and research in the manner prescribed;

(6) to confer degrees and other academic distinctions or recognitions on persons who have pursued successfully the courses of study of the University or conducted research creditably in the manner to be prescribed;

(7) to provide for the inspection of, or investigation into, the affairs of colleges or institutions affiliated to it and to exercise general supervision over them including monitoring of academic performances;

(8) to prescribe the procedure of admission to different courses of study in the University and also in the affiliated institutions;

(9) to sponsor and undertake research in all aspects of engineering and technology, management, and basic and applied sciences, and interdisciplinary subjects relating thereto;

(10) to confer honorary degrees or other distinctions in such manner as may be prescribed by regulations;

(11) to institute professorships, readerships, lectureships and other teaching posts necessary for imparting instruction or for preparing educational material or conducting other academic activities, including providing guidance to the students, designing and delivering of courses, and evaluation of the work done by the students, and to appoint persons to such professorships, readerships, lectureships and other teaching posts, either on full-time or part time basis or on contract;

(12) to co-operate with other universities and institutions of higher learning and professional and industrial organizations for such purposes as the University considers necessary;

(13) to institute and award fellowships, scholarships, and prizes and such other awards for recognition of merit as the University may deem fit;

(14) to organize and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators, and other academic, administrative and technical staff of the University and other institutions and also for the members of the general public;

(15) to recognize examinations or periods of study (whether in full or in part) at other universities, institutions or other places of higher learning as equivalent to examinations of, or periods of study in, the University, and to withdraw such recognition at any time;

(16) to create administrative, ministerial and other necessary posts and to make appointments thereto, either on full-time or part-time basis or on contract;

(17) to receive benefactions, donations, grants, subscriptions, or gifts for the purpose of the University, consistent with the objects for which the University vs established;

(18) to acquire, purchase, take on lease, or dispose of any property, movable or immovable, for the purpose of the University;

(19) to draw and accept, to make and endorse, to discount and negotiate, Government of India and other promissory notes, bills of exchange, cheques or other negotiable instruments;

(20) to execute conveyances, transfers, reconveyances, mortgages, leases, licences, and agreements in respect of properties, movable or immovable, including Government securities belonging to the University or to be acquired for the purpose of the University;

(21) to enter into agreement with the Government of India, the State Government, the Governments of other States in India, the University Grants Commission, the All India Council for Technical Education, or other authorities, industries or professional organizations for receiving grants;

(22) to enter into, carry out, vary, or cancel contracts;

(23) to fix, demand, and receive such fees and other charges as may be decided by the Executive Council from time to time;

(24) to regulate the expenditure and manage the accounts of the University so as to make it self-financing as far as possible;

(25) to control, and to enforce discipline among, the students and all categories of employees and to prescribe by regulations the conditions of service and the code of conduct of such employees;

(26) to recognize any institution of higher learning or studies for such purposes as the University may determine and to withdraw such recognition;

(27) to appoint, either on contract or otherwise, visiting Professors, Emeritus Professors, Consultants, fellows, scholars, and such other persons as may contribute to the advancement of the objects of the University;

(28) to recognize persons working in other universities, institutions or organizations as teachers of the University on such terms and conditions as may be prescribed by regulations;

(29) to make arrangements for the promotion of the general health and welfare of the employees;

(30) to collaborate and interact with the West Bengal State Council of Higher Education constituted under the West Bengal State Council of Higher Education Act, 1994, as well as universities and educational or research institutions and authorities within the country and abroad, in such manner and for such purposes as the University may determine;

(31) to do all such acts as may be necessary for, of incidental to, the exercise of all or any of the powers of the University and as may be conducive to the promotion of all or any of the objects of the University.

6. Jurisdiction. - (1) Notwithstanding contained elsewhere in this Act or in any other law for the time being in force, with effect from such date as the State Government may, by notification, appoint in this behalf (hereinafter referred to in this section as the said date),-

(a) all colleges and educational institutions imparting education in engineering, technology and management and affiliated to any other university in the State established under any law of the state of West Bengal-

(i) shall be deemed to be affiliated to the University for such period and subject to such terms and conditions, if any, as may be imposed by any university to which such college or institution was affiliated before the said date, until the University issues directions otherwise, not inconsistent with the provisions of this Act or any other law for the time being in force, and

(ii) shall cease to be affiliated to the University to which any such college or institution may have been affiliated before the said date;

(b) any Principal, teacher, or other employee, or any member of the Governing Body, by whatever name called, or any student, of any such affiliated college or institution, holding, by virtue of his being such Principal, teacher, or other employee, or member or student, any office in or under any university or any of the authorities of such university to which such college or institution was affiliated before the said date, shall cease to hold such office and the vacancy so caused shall be deemed to be a casual vacancy for the purposes of the law of the State of West Bengal under which that university was established;

(c) whenever the University issues directions in addition to the requirements stipulated in sub-clause (i) of clause (a), the affiliated institution shall be bound to comply with such terms and conditions as may be incorporated in the directions of the University within such reasonable time as may be prescribed by the University;

(d) the University shall have power to alter or withdraw the affiliation deemed to have been granted under this section, if the affiliated institution does not comply with all the terms and conditions of such affiliation;

(e) for the purpose of deemed affiliation under this sub-section, it shall be competent for the University to satisfy itself in such manner as it may decide, if an affiliated institution was validly affiliated to any university established under any Bengal or West Bengal Act before the said date.

(2) Notwithstanding anything contained in any other law for the time being in force, no college or institution providing courses of study or programmes of education, research or training in the field of engineering, technology or management and situated in West Bengal, but not admitted to the privileges of the University, shall be admitted to the privileges of any other university except with the prior approval of the State Government :

Provided that nothing in this sub-section shall, save as otherwise provided in this Act, apply to-

(a) any constituent college, institution, Faculty or Department of any other university or of any institution for higher education deemed to be a university under section 3 of the University Grants Commission Act, 1956, directly managed, controlled and financed by such university or such institution for higher education deemed to be a university under section 3 of that Act, or

(b) any other college or institution affiliated to any other university mainly providing courses of study in subjects other than engineering, technology or management.

Explanation. - For the avoidance of doubt it is hereby declared that the State Government shall decide whether a college or institution mainly provides courses of study in subjects other than engineering, technology or management.

7. Teaching of the University. - (1) All recognized teachings in connection with the degrees, diplomas and certificates of the University shall be conducted by the Teachers of the University or of any affiliated institution, as the case may be, under the general control of the General Council and immediate control of the Executive Council and the Academic Council.

(2) The courses of study, the curricula and the authorities responsible for organising such teaching shall be such as may be prescribed.

8. University open to all classes, castes and creeds. - The University shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be appointed as a Teacher of the University or to hold any office therein or to be admitted as a student in the University, or to enjoy or exercise any privilege thereof.

9. Schools of Studies. - There may be such number of Schools of Studies for the purpose of teaching and research as may be prescribed.

10. The Chancellor. - (1) The Governor of the State of West Bengal shall, by virtue of his office, be the Chancellor of the University.

(2) The Chancellor shall exercise such powers as may be conferred on him by or under the provisions of this Act or as may be prescribed.

(3) Where power is conferred upon the Chancellor to make nominations to any authority or body of the University, the Chancellor shall, to the extent necessary, nominate persons to represent interests not otherwise adequately represented.

(4) Every proposal to confer any honorary degree shall be subject to confirmation by the Chancellor.

11. Inspection. - (1) The State Government shall have the right to cause an inspection, to be made by such person or persons as it may direct, of the University, its buildings, libraries and equipment, and of any institutions maintained by the University, and also of the examinations, teaching and other work conducted or done by the University, and to cause an inquiry to be made in like manner in respect of any matter connected with the administration and finances of the University.

(2) The State Government shall, in every case, give notice to the University of its intention to cause an inspection or inquiry to be made, and the University shall be entitled to appoint a representative who shall have the right to be present and to be heard at such inspection or inquiry.

(3) The State Government may address the Vice-Chancellor with reference to the result of such inspection or inquiry, and the Vice-Chancellor shall communicate to the General Council the views of the State Government along with such advice as the State Government may offer on the action to be taken thereon.

(4) The General Council shall communicate through the Vice-Chancellor to the State Government such action, if any, as it proposes to take, or as has been taken, on the result of such inspection and inquiry.

12. Officers of the University. - The following shall be the officers of the University :-

(1) the Vice-Chancellor;

(2) the Pro-Vice-Chancellor;

(3) the Registrar;

(4) the Director of a School of Studies;

(5) the Finance Officer;

(6) the Controller of Examinations;

(7) such other persons as may be declared by regulations to be the officers of the University.

13. Authorities of the University. - The following shall be the authorities of the University :-

(1) the General Council;

(2) the Executive Council;

(3) the Advisory Body;

(4) the Academic Council;

(5) the Finance Committee;

(6) such other authorities as may be declared by regulations to be the authorities of the University.

14. Supreme authority of the University. - The General Council shall be the supreme authority of the University.

15. Chief executive body of the University. - (1) The Executive Council shall be the chief executive body of the University.

(2) The administration, management and control of the University and the income thereof shall vest in the Executive Council which shall control and administer the property and the funds of the University, subject to the general supervision of the General Council.

16. Advisory body of the University. - There shall be an advisory body of the University consisting of eminent academicians and experts to provide direction and guidance in the development of various academic programmes of the University.

17. Principal academic body of the University. - The Academic Council shall be the principal academic body of the University and shall have, subject to the provisions of this Act and the regulations, the control of, and shall be responsible for, the maintenance of standards of learning, education, instruction, evaluation and examinations within the University.

18. Finance Committee. - There shall be a Finance Committee, which shall take necessary action for proper management and control of the finance of the University, subject to the overall supervision of the Executive Council and the General Council.

19. Regulations. - (1) Subject to the provisions of this Act, the Executive Council shall have, in addition to all other powers vested in it, the power to make regulations to provide for the administration and management of the affairs of the University :

Provided that the Executive Council shall not make any regulation affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed regulation, and any opinion so expressed shall be considered by the Executive Council :

Provided further that except with the prior concurrence of the Academic Council, the Executive Council shall not make, amend or repeal any regulation affecting all or any of the following matters :-

(a) the constitution, powers and duties of the Academic Council;

(b) the authorities responsible for organising teaching in connection with the University courses of study and related academic programmes;

(c) the withdrawal of degrees, diplomas, certificates and other academic distinctions;

(d) the establishment and abolition of Schools of Studies, Departments, halls and institutions as well as introduction or abolition of courses of study;

(e) according affiliation to an institution who applies for such affiliation or withdrawal of affiliation of an institution;

(f) the institution of fellowships, scholarships, studentships, exhibitions, medals and prizes;

(g) conditions and modes of appointment of examiners, or conduct or standard of examinations, or any other course of study;

(h) mode of enrolment or admission of students;

(i) determination of equivalence of any degree, diploma, or certificate of other universities, or institutions for higher education deemed to be universities under section 3 of the University Grants Commission Act, 1956, or other institutes of national importance with the corresponding degree, diploma, or certificate of the University.

(2) The Academic Council shall have the power to propose regulations on all or any of the matters specified in clauses (1) to (i) of sub-section (1) and matters connected therewith or incidental thereto.

(3) Where the Executive Council has rejected any regulation proposed by the Academic Council, the Academic may appeal to the Chancellor, and the Chancellor may direct that the proposed regulation may be laid before the next meeting of the General Council for its consideration. The General Council shall send its recommendations to the Chancellor who may dispose of the matter suitably.

(4) All regulations made by the Executive Council shall be submitted, as soon as may be, to the Chancellor for approval, and shall come into force on and from such date as the Chancellor may direct, provided that the Chancellor may withhold assent to the regulations or remit the same to the Executive Council for reconsideration in the light of the observations, if any, made by him.

20. Appointment of Review Commission. - The Chancellor may constitute a Review Commission to review the working of the University and to make recommendations.

(2) The Review Commission shall consist of not less than three eminent educationists to be appointed by the Chancellor in consultation with the State Government.

(3) The terms and conditions of appointment of the members of the Review Commission shall be such as the Chancellor may determine in consultation with the State Government.

(4) The Review Commission shall, after holding such enquiry as it deems fit, make its recommendations to the Chancellor.

(5) The Chancellor may take such action on the recommendations of the Review Commission as he deems fit.

21. Action not invalidated merely on the ground of defect in constitution, vacancy, etc. - (1) Notwithstanding that the General Council, the Executive Council, the Academic Council or any other authority or body of the University is not duly constituted or there is a defect in its constitution or reconstitution at any time or there is a vacancy in the membership of any such authority or body, no act or proceedings of such authority or body shall be deemed to be invalid merely by reason of such General Council or Executive Council or Academic Council or such other authority or body being not duly constituted or any defect in the constitution or reconstitution thereof or the existence of a vacancy or vacancies among its members.

(2) No resolution of any authority or body of the University shall be deemed to be invalid merely by reason of any irregularity in the service of notice upon any member thereof, provided that the proceedings of such authority or body were not prejudicially affected by such irregularity.

22. Indemnity. - No suit, prosecution or other legal proceedings shall lie against, and no damages shall be claimed from, the University or the authorities of the University or the Vice-Chancellor or other officers or the Teachers or any other person in respect of anything which is good faith done or purported to have been done in pursuance of this Act or the regulations.

23. Special provisions for students. - Notwithstanding anything contained in this Act or the regulations, and notwithstanding anything contained in any Bengal or West Bengal Act under which any other university in the State was established or the Statutes, the Ordinances or the Regulations of that university, any student of a college or institution which was affiliated to any such university before the date appointed by notification under sub-section (1) of section 6 shall be permitted to complete his or her course in preparation therefor, and such university shall make arrangement for-

(a) the instruction, teaching, training holding of examination for such student in such manner and in accordance with the curricula of study in force in such university in consultation with the University;

(b) the conferment of the corresponding degree, diploma and other academic distinction of the University upon the qualified student on the results of such examination.

24. Rules. - The authorities of the University may make rules consistent with the provisions of this Act and the regulations for the conduct of their own business and that of the committees, if any, appointed by them.

25. Transitory provisions. - (1) The Governor of West Bengal shall, for the purposes of this section, be the Chancellor of the University, and shall exercise all the powers conferred on the Chancellor by or under this Act.

(2) Notwithstanding anything contained in this Act, the first Vice-Chancellor shall be appointed by the Chancellor in consultation with the Minister from a panel of not less than three persons recommended by a committee consisting of three members of whom one each shall be nominated by the Chancellor, the State Government and the University Grants Commission, the committee being convened by the Secretary to the Government of West Bengal in the Higher Education Department. The first Vice-Chancellor shall be appointed on such terms and conditions as the Chancellor may determine in consultation with the State Government. He shall hold office for such period as may be determined by the Chancellor from time to time and such period shall, in no case, exceed four years from the date on which he assumes office.

(3) The first Vice-Chancellor, in consultation with the State Government and after giving due regard to any suggestion given by that Government, shall, with the assistance of a committee consisting of not less than six members nominated by that Government, cause the first regulations of the University to be made. The first regulations shall, after the Chancellor has approved the same in consultation with the Minister, come into force on such date as the Chancellor may appoint.

(4) The first regulations of the University shall remain in force until they are amended or until new regulations are made under the provisions of this Act.

(5) If a vacancy occurs in the office of the first Vice-Chancellor on or before the expiry of the period of his office by reason of death, resignation or otherwise, then, the Chancellor may appoint another person to be the first Vice-Chancellor for the purposes of this section in the manner and on the terms and conditions provided in sub-section (2) for any further period, not exceeding in aggregate the period of four years, which shall include the period served by the first Vice-Chancellor appointed under that sub-section.

(6) (a) There shall be an Advisory Committee to be constituted by the State Government of which the first Vice-Chancellor shall be the Chairman.

(b) The Advisory Committee shall consist of the following members :-

(i) the first Vice-Chancellor-Chairman;

(ii) the Secretary, Higher Education Department, Government of West Bengal or his nominee, not below the rank of a Joint Secretary to the Government of West Bengal;

(iii) the Secretary, Finance Department, Government of West Bengal or his nominee, not below the rank of a Joint Secretary to the Government of West Bengal;

(iv) three heads of institutes of whom-

(A) one shall be from an institute undertaking research in Science, Engineering and Technology,

(B) one shall be from an institute undertaking research in Management, and

(C) one shall be from an institute undertaking research in basic and applied sciences, to be nominated by the Chancellor in consultation with the Minister;


(v) one Principal of an engineering college or college of technology, to be elected by such Principals of affiliated institutions from amongst themselves;

(vi) three Teachers of Engineering, Technology and Management of whom two shall be professor and one shall be a Teacher of the University, other than a Professor, elected by such Professors or Teachers other than the Professors, as the case may be, from amongst themselves';

(vii) one person conversant with the administration of the University, nominated by the Chancellor in consultation with the Minister;

(viii) the Registrar :

Provided that where a Pro-Vice-Chancellor has been appointed under the provisions of this Act, he shall be a member of the Advisory Committee.

(c) The Registrar shall Act as the Secretary of Advisory Committee.

(d) All matters of the Advisory Committee shall be decided by a majority vote :

Provided that if there is a tie of votes, the Chairman shall have a casting vote.

(e) The functions of the Advisory Committee shall be to advise the Chairman of the Committee-

(i) in drafting a plan for implementation of the programme of the University for the purpose of this Act;

(ii) in selecting sites of the University and making necessary arrangements for securing the accommodation, furniture and equipment and such other things as are deemed necessary;

(iii) in formulating the staff pattern (both teaching and non-teaching) of the University and in prescribing the qualifications for recruitment of such staff;

(iv) in preparing the programme of teaching and other activities of the University consisting of-

(A) the introduction of degree and post-graduate courses,

(B) the preparation of syllabi of different courses of study,

(C) introduction of post-doctoral courses and undertaking of research activities,

(D) the preparation for granting affiliation to new colleges or institutions,

(E) the preparation for conducting examinations,

(F) the prescribing of the equivalence of examinations, degrees and diplomas of other universities and institutions and other allied and ancillary matters.


(f) Notwithstanding anything contained in this Act or the regulations, the first Vice-Chancellor shall, in consultation with the Advisory Committee and with the previous approval of the Chancellor and subject to the availability of funds, discharge all or any of the functions of the University for the purpose of carrying out the provisions of this Act and the regulations, and for that purpose, may exercise any powers or perform any duties, which by this Act or the regulations, are to be exercised or performed by any authority of the University until such authority comes into existence in accordance with the provisions of this Act or the regulations.

(7) The vacancy in the office of a member of the Advisory Committee, except ex officio members, occurring by reason of death, resignation or otherwise, shall be filled up in the manner as provided in this section.

(8) No act or proceedings of the Advisory Committee shall be invalid merely by reason of the existence of any vacancy in the office of its members.

(9) The State Government shall, by notification, appoint a date and on and from such date the General Council, the Executive Council, the Academic Council and other authorities of the University shall commence to perform their respective functions and the first regulations of the University made under sub-section (4) shall be deemed to be the first regulations of the University made under section 19.

(10) On and from the date appointed under sub-section (9), the provisions of this section shall stand repealed and, thereupon, the Advisory Committee shall stand dissolved, and the members thereof shall be deemed to have vacated their respective offices.

26. Savings. - Notwithstanding anything contained in the foregoing provisions of this Act, anything done or deemed to have been done or any action taken or deemed to have been taken or any appointment made under this Act prior to the date appointed under sub-section (9) of section 25 shall, unless it is otherwise provided in this Act, be deemed to have been validly done or taken or made under this Act.

27. Act to have overriding effect. - The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

28. Composition, powers and functions of the authorities and committees of the University. - The authorities and the committees of the University and their composition, powers and functions and other matters relating to them, the appointment and the powers and functions of the officers of the University and other matters relating to them, and all other matters relating to the finances, administration and management of affairs of the University shall, subject to the provisions of this Act, be as specified in the Schedule.

29. Power to amend Schedule. - [(1) The State Government may, by notification to be published in the Official Gazette, amend the Schedule either prospectively or retrospectively.]

(2) A copy of every notification made under sub-section (1) shall be laid before the State Legislature, as soon as may be, after it is made.

30. Removal of difficulties. - (1) If, by reason of any provision of this Act, any difficulty arises in giving effect to the provisions of section 25, the first Vice-Chancellor shall refer such difficulty to the State Government which may make such order or do such thing, not inconsistent with the provisions of that section, as appears to it to be necessary or expedient for removing the difficulty.

(2) If, on account of any lacuna or omission in the provisions of this Act, or for any other reason whatsoever, any difficulty arises as to the first constitution of any authority of the University under this Act, or otherwise, in giving effect to the provisions of this Act, the State Government may, as occasion may require, by order do anything which appears to it to be necessary for the purpose of removing the difficulty, notwithstanding anything to the contrary contained elsewhere in this Act or in any other law for the time being in force.

(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), no order shall be made under this section after the expiry of a period of two years from the date on which this Act comes into force.

Schedule

(See section 28)

1. Definition. - In this Schedule, unless the context otherwise requires, "clause" means a clause of this Schedule.

2. General Council. - (1) The General Council shall consist of the following members :-

(a) the Chancellor-Chairman;

(b) the Vice-Chancellor-Vice-Chairman;

(c) the Chairman of the Advisory Council;

(d) the Secretary, Higher Education Department, Government of West Bengal, or his nominee not below the rank of a Joint Secretary to the Government of West Bengal;

(e) The Secretary, Finance Department,Government of West Bengal, or his nominee not below the rank of a Joint Secretary to the Government of West Bengal;

(f) the Pro-Vice-Chancellor;

(g) the Directors;

(h) three persons proficient in any subject or subjects relating to Science, Engineering, and Technology and Management, nominated by the Chancellor in consultation with the Vice-Chancellor, provided that no employee of the University shall be nominated for the purpose;

(i) one person representing the industry, nominated by the State Government;

(j) the Head of each of a scientific institute, a technology and engineering institute, and a management institute at the national level, nominated by the Chancellor in consultation with the State Government;

(k) three Professors of the University, elected by such Professors from amongst themselves;

(l) three Teachers of the University other than professors, elected by such Teachers from amongst themselves;

(m) two Principals of any affiliated institutions, elected by the Principals of the affiliated institutions from amongst themselves;

(n) three Teachers of any affiliated institution, elected by the Teachers of the affiliated institutions from amongst themselves;

(o) one officer, elected by the officers from amongst themselves;

(p) one non-teaching employee of the University, elected by such employees from amongst themselves;

(q) one nominee of the University Grants Commission;

(r) one nominee of the All India Council for Technical Education;

(s) the Registrar.

(2) The Registrar shall act as the Secretary to the General Council.

(3) Subject to the provisions of this Act, the terms of office of the members and the powers and functions of the Executive Council shall be such as may be prescribed.

(4) Where a member of the General Council becomes such member by reason of the office or appointment he holds (by election or otherwise) or is a nominated member, his membership shall terminate when he ceases to hold such office or appointment, as the case may be, or his nomination is withdrawn or cancelled.

(5) A member of the General Council shall cease to be a member if he resigns, or becomes of unsound mind, or becomes insolvent, or is convicted of a criminal offence involving moral turpitude, or if a member, other than the Vice-Chancellor, the Pro-Vice-Chancellor or any employee, accepts a full-time appointment under the University.

(6) A member of the General Council may resign his office by a letter addressed to the Chancellor, and such resignation shall take effect as soon as it is accepted by the Chancellor.

(7) Any vacancy in the General Council shall be filled in the prescribed manner and the person appointed, elected or nominated to fill the vacancy shall hold office for so long as the member in whose place he is appointed, elected or nominated, as the case may be, could have held office if the vacancy had not occurred.

3. The Executive Council. - (1) The Executive Council shall consist of the following members :

(a) the Vice-Chancellor-Chairman;

(b) the Pro-Vice-Chancellor-Vice-Chairman;

(c) the Secretary, Higher Education Department, Government of West Bengal, or his nominee not below the rank of a Joint Secretary to the Government of West Bengal;

(d) The Secretary, Finance Department, Government of West Bengal, or his nominee not below the rank of a Joint Secretary to the Government of West Bengal;

(e) one of the Directors nominated by the Chancellor in consultation with the Vice-Chancellor;

(f) three persons proficient in the subject relating to Science, Engineering, Technology or Management, nominated by the Chancellor in consultation with the Vice-Chancellor, provided that no employee of the University shall be nominated for the purpose;

(g) one person representing the industry, nominated by the State Government;

(h) the Head of any institute undertaking research in science, Engineering, Technology or Management, nominated by the Chancellor in consultation with the State Government;

(i) one Principal of an affiliated institution, elected by the Principals of the affiliated institutions from amongst themselves;

(j) two Teachers of affiliated institutions, elected by such Teachers from amongst themselves;

(k) two Professors of the University, elected by such Professors from amongst themselves;

(l) two Teachers of University, other than Professors, elected by such Teachers from amongst themselves;

(m) one officer, elected by the officers from amongst themselves;

(n) one non-teaching employee of the University, elected by such employees from amongst themselves;

(o) one nominee from the University Grants Commission;

(p) one nominee of the All India Council for Technical Education;

(q) the Registrar.

(2) The Registrar shall act as the Secretary to the Executive Council.

(3) Subject to the provisions of this Act, the terms of office of the members and the powers and functions of the Executive Council shall be such as may be prescribed.

(4) Where a member of the Executive Council becomes such member by reason of the office or appointment he holds by election or otherwise or is a nominated member, his membership shall terminate when he ceases to hold such office or appointment, as the case may be, his nomination is withdrawn or canceled.

(5) A member of the Executive Council shall cease to be a member if he resigns, or becomes of unsound mind, or becomes insolvent, or is convicted of a criminal offence involving moral turpitude, or if a member, other than the Vice-Chancellor, the Pro-Vice-Chancellor or any employee, accepts a full-time appointment under the University.

(6) A member of the Executive Council may resign his office by a letter addressed to the Chancellor, and such resignation shall take effect as soon as it is accepted by the Chancellor.

(7) Any vacancy in the Executive Council shall be filled, either by appointment or election or nomination, as the case may be, of a person by the respective authority entitled to make the same and the person so appointed, elected or nominated shall hold office for so long as the member in whose place he is appointed, elected or nominated could have held office if the vacancy had not occurred.

(8) The Executive Council may, by resolution, delegate to the Vice-Chancellor or any authority (other than the General Council) or any committee, such of its powers as it may deem fit, subject two the condition that the action taken by the Vice-Chancellor or such authority or committee in the exercise of the powers so delegated shall be reported at the next meeting of the Executive Council.

4. The Academic Council. - (1) The Academic Council shall consist of the following members :-

(a) the Vice-Chancellor;

(b) the Pro-Vice-Chancellor;

(c) the Directors;

(d) the Head of the Departments of the University;

(e) three persons, being experts in the subjects relating to Science, Engineering, and Technology and Management, nominated by the Chancellor in consultation with the Vice-Chancellor, provided that no employee of the University shall be nominated for the purpose;

(f) two Principals of affiliated institutions, elected by such Principals from amongst themselves;

(g) two Professors of the University, elected by such Professors from amongst themselves;

(h) two Teachers of the University, other than Professors, elected by such Teachers from amongst themselves;

(i) one Professor of an affiliated institution, elected by the Professors of such institutions from amongst themselves;

(j) three Teachers, other than Professors, of an affiliated institution elected by such Teachers of affiliated institutions from amongst themselves:

Provided that not more than one Professor or a Teacher other than a Professor shall be elected from any institution.

(2) The Academic Council may co-opt any person for any meeting of the Academic Council.

(3) The Registrar shall be the Secretary to the Academic Council.

(4) Subject to the provisions of this Act, the terms of office of the members, and the powers and functions, of the Academic Council shall be such as may be prescribed.

5. The Advisory Council. - (1) The Advisory Council shall consist of the following members :-

(a) a distinguished Scientist or Technologist, nominated by the Chancellor-Chairman;

(b) the Vice-Chancellor-Vice-Chairman;

(c) the Pro-Vice-Chancellor;

(d) three persons expert in the subjects of study relating to Science, Engineering, Technology or Management, nominated by the Chancellor in consultation with the Chairman of the Advisory Council :

Provided that of the three persons to be nominated, at least one shall belong to any organization outside West Bengal;

(e) two persons representing the industry, nominated by the State Government;

(f) Head of two national research institutes undertaking academic activities in the field of Science, Engineering, Technology or Management, nominated by the Chancellor in consultation with the Minister;

(g) the Secretary, Department of Science and Technology, Government of India, or his nominee;

(h) the Director-General, Council of Scientific and Industrial Research, or his nominee;

(i) the Scientific Advisor to the Ministry of Defence, Government of India, or his nominee;

(j) the Secretary, Department of Bio-Technology, Government of India, or his nominee;

(k) the Secretary, Department of Electronics (or Information Technology), Government of India, or his nominee;

(l) the Chairman, Indian Science and Research Organization, or his nominee.

(2) The Registrar shall act as the Secretary to the Advisory Council.

(3) The Advisory Council may co-opt as many persons as it may consider necessary to be its members in a particular meeting.

(4) Subject to the provisions of this Act, the term of office of the members, and the powers and functions, of the Advisory Council shall be such as may be prescribed.

6. The Finance Committee. - (1) The Finance Committee shall consist of the following members :

(a) the Vice-Chancellor-Chairman;

(b) the Pro-Vice-Chancellor-Vice-Chairman;

(c) two persons of whom one shall be an expert in the management of finance, nominated by the Executive Council;

(d) a nominee of the Government of West Bengal.

(2) The Finance Officer shall be the Secretary to the Finance Committee.

(4) Subject to the provisions of this Act, the term of office of the members, and the powers and functions, of the Advisory Council shall be such as may be prescribed.

7. Selection Committee. - (1) The Executive Council shall constitute a Selection Committee for making recommendations to the Executive Council for appointment to the posts of Teachers of the University.

(2) The Selection Committee shall consist of the following members :

(a) the Vice-Chancellor, who shall be the Chairman of the Selection Committee;

(b) the Head of the Department concerned, if any, provided he holds a post not lower than the level of the post for which the selection is to be made;

(c) three experts, nominated by the Vice-Chancellor from amongst a panel of six names recommended by the Academic Council and approved by the Executive Council;

(d) an expert to be nominated by the Chancellor.

(3) The Registrar shall be the convenor of the Selection Committee.

(4) If an endowment from a donor is accepted by the University for instituting a Chair, the donor may be co-opted as a member of the Selection Committee for the purpose of filling up of that Chair.

(5) Three members of the Selection Committee, of whom one shall be an expert, shall form the quorum for a meeting of the Committee.

8. Manner of election to the authorities or bodies of the University. - The manner of election of a member to any authority or body of the University shall be such as may be prescribed, provided that no part-time Teacher or officer or employee shall be entitled to stand for an election to such authority or body or to vote in such election.

9. The Vice-Chancellor. - (1) The Vice-Chancellor shall be appointed by the Chancellor in consultation with the Minister from a panel of not less than three persons recommended by a committee consisting of three members, of whom two shall be nominated by the Executive Council and one shall be nominated by the State Government. The Registrar shall be the convenor of the committee. No person, who is an employee or a member of any authority of the University, shall be nominated to be a member of the committee.

(2) The Vice-Chancellor shall hold office for a term of four years or till he attains the age of sixty-five years, whichever is earlier, and shall be eligible for reappointment for another term of four years or till he attains the age of sixty-five years, whichever is earlier.

(b) The Chancellor may, notwithstanding the expiration of the term of the office of the Vice-Chancellor or his attaining the age of sixty-five years, allow him to continue in office till a successor assumes office, provided that he shall not continue as such for any period exceeding six months.

(3) The Vice-chancellor shall be a whole-time officer of the University and shall be paid from the University Fund such salary and allowances as the Chancellor may decide.

(4) The Vice-Chancellor may resign his office by writing under his hand addressed to the Chancellor.

(5) If-

(a) the Vice-Chancellor is, by reasons of leave, illness or other cause, temporarily unable to exercise the powers and perform the duties of his office, or

(b) a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation or expiry of the term of his office or otherwise, then, during the period of such temporary inability or pending the appointment of a Vice-Chancellor, as the case may be, the Pro-Vice-Chancellor shall exercise the powers and perform the duties of the Vice-Chancellor.

(6) The vacancy in the office of the Vice-Chancellor occurring by reason of death, resignation or expiry of the term of his office or otherwise shall be filled up by appointment of a Vice-Chancellor in accordance with the provisions of sub-clause (1) within a period of six months from the date of occurrence of the vacancy, and such period shall be held to include any period for which a Vice-Chancellor is allowed to continue in office under item (b) of sub-clause (2), or the Pro-Vice-Chancellor exercises the powers and performs the duties of the Vice-Chancellor under sub-clause (5).

10. Powers and duties of the Vice-Chancellor. - (1) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall, by virtue of his office, be a member and the Chairman of the Executive Council and the Academic Council and shall also be the Chairman of any other authority or body of the University of which he may be a member except as otherwise provided in this Act or the regulations. He shall also be entitled to be present at and to address any meeting of any other authority or body of the University of which he may not be a member, but shall not be entitled to vote thereat.

(2) The Vice-Chancellor shall have the power to convene meetings of the Executive Council and of any other authority or body of the University.

(3) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act, and the regulations are faithfully observed, and to take such action as may be necessary for this purpose.

(4) The Vice-Chancellor shall have the power to exercise general control and supervision over all other officers of the University and over all Teachers and other employees of the University and over all the affairs of the University.

(5) The Vice-Chancellor shall exercise such other powers and discharge such other duties as may be delegated to him by any authority or body of the University or as may be prescribed.

(6) The Vice-Chancellor may take on behalf of the University such action as he may deem expedient in any matter which, in his opinion, is either urgent or of an emergent nature and shall report the same for confirmation as the next meeting to the authority or body which, in the ordinary course, would have dealt with the matter :

Provided that if the action taken by the Vice-Chancellor is not approved by the authority or body concerned, the matter shall immediately be referred to the Executive Council, if the authority or body concerned is other than the General Councillor or the Executive Council, or to the General Council if the authority is the Executive Council, or to the Chancellor, if the authority is the General Council. The decision of the Chancellor or the General Council or the Executive Council, as the case may be, shall be final.

(7) The Vice-Chancellor may, subject to the prior approval of the Executive Council, delegate any of his powers to any other officer subordinate to him.

11. The Pro-Vice-Chancellor. - (1) The Pro-Vice-Chancellor shall be appointed by the Chancellor in consultation with the Minister and the Vice-Chancellor.

(2) (a) The Pro-Vice-Chancellor shall hold office for a term of four years or till he attains the age of sixty-five years, whichever is earlier, and shall be eligible for re-appointment for another term of four years or till he attains the age of sixty-five years, whichever is earlier.

(b) The Chancellor may, notwithstanding the expiration of the term of the office of the Pro-Vice-Chancellor or his attaining the age of sixty-five years, allow him to continue in office till a successor assumes office, provided that he shall continue as such for any period exceeding six months.

(3) The Pro-Vice-Chancellor shall be a whole-time officer of the University and shall be paid from the University Fund such salary and allowances as the Chancellor may decide.

(4) The Pro-Vice-Chancellor may resign his office by writing under his hand addressed to the Chancellor through the Vice-Chancellor.

(5) If-

(a) the Pro-Vice-Chancellor is, by reason of leave, illness or other cause, temporarily unable to exercise the powers and perform the duties of his office, or

(b) a vacancy occurs in the office of the Pro-Vice-Chancellor by reason of death, resignation or expiry of the term of his office or otherwise, then, during the period of such temporary inability or pending the appointment of a Pro-Vice-Chancellor, as the case may be, the senior Director shall exercise the powers and perform the duties of the Pro-Vice-Chancellor.

(6) The vacancy in the office of the Pro-Vice-Chancellor occurring by reason of death, resignation or expiry of the term of his office or otherwise shall be filled up by appointment of a Pro-Vice-Chancellor in accordance with the provisions of sub-clause (1) within a period of six months from the date of occurrence of the vacancy, and such period shall be held to include any period for which a Pro-Vice-Chancellor is allowed to continue in office under item (b) of sub-clause (2) or the senior Director exercises the powers and performs the duties of the Pro-Vice-Chancellor under item (b) of sub-clause (5).

12. Powers and duties of the Pro-Vice-Chancellor. - (1) The Pro-Vice-Chancellor shall be an administrative and academic officer of the University and shall, by virtue of his office, be a member of the General Council the Executive Council and the Academic Council and shall also be the member of any other authority or body of the University. He shall also be entitled to be present at and to address any meeting of any other authority or body of the University of which he may not be a member, if the Vice-Chancellor considers it necessary but shall not be entitled to vote thereat.

(2) Subject to the general control of the Vice-Chancellor, the Pro-Vice-Chancellor shall exercise such powers and discharge such duties as may be delegated to him by any authority or body of the University or as may be prescribed.

13. Director. - Every Director shall be a Professor of the University and shall be appointed in such manner, and on such terms and conditions, as may be prescribed.

14. The Registrar, the Finance Officer, and the Controller of Examinations. - The Registrar, the Finance Officer and the Controller of Examinations shall be appointed in such manner and on such emoluments and other conditions of service, and shall exercise such powers and perform such functions, as may be prescribed :

Provided that till such time as the Registrar, the Finance Officer, or the Controller of Examinations is not appointed by the University in the manner prescribed, the State Government shall have the power to recommend the name of a person for appointment as Registrar, or Finance Officer, or Controller of Examinations, as the case may be, and to specify the terms and conditions of such appointment, and the University shall appoint such person as the Registrar or the Finance Officer or the Controller of Examinations, as the case may be, on such terms and conditions.

15. Other Officers. - The manner of appointment, and the emoluments, powers and duties, of other officers shall be such as may be prescribed.

16. Fund of the University. - (1) The University shall have a fund to be called the University Fund to which shall be credited-

(a) its income including the fees and endowments;

(b) contributions or grants which may be made by the Central Government or the State Government or the Government of any other State or the University Grants Commission or the All India Council for Technical Education on such conditions as it may impose;

(c) any other contributions or grants or loans raised;

(d) amounts received from any other source.

(2) The amount in the University Fund shall be kept in a scheduled bank as defined in the Reserve Bank of India Act, 1934, or a corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, or the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980 or may be invested in such securities authorised by the Indian Trusts Act, 1882, as may be decided by the Executive Council:

Provided that no amount received from the Central Government or the State Government or the Government of any other State or the University Grants Commission or the All India Council for Technical Education shall be invested in the securities as aforesaid or diverted for other purposes without the prior approval of the Central Government or the State Government or the Government of any other State or the University Grants Commission or the All India Council for Technical Education, as the case may be.

(3) Whenever the University receives funds from any Government or the University Grants Commission or the All India Council for Technical Education or any other source, sponsoring a scheme to be executed by the University, then notwithstanding anything contained in this Act or the regulations,-

(a) the fund so received shall be kept by the University separately from the University Fund and shall be utilised only for the purposes of such scheme; and

(b) the staff required to execute such scheme shall be recruited in accordance with the terms and conditions stipulated by such Government or the University Grants Commission or the All India Council for Technical Education or source, as the case may be, specially for such scheme.

17. Annual accounts and audit. - (1) The annual accounts of the University shall be prepared under the directions of the Executive Council.

(2) The accounts of the University shall, at least once in a year, be audited by the auditors appointed by the Executive Council.

(3) The accounts, when audited, shall be published by the Executive Council, and a copy of the accounts together with the audit report shall be placed before the Executive Council and shall also be submitted to the State Government. The State Government may also require the University to get the annual accounts audited by such audit or as it may direct.

(4) The annual accounts shall be considered by the General Council at its annual meeting. The General Council may pass resolutions with reference thereto and communicate the same to the Executive Council. The Executive Council shall consider the suggestions made by the General Council and take such action thereon as it thinks fit. The Executive Council shall inform the General Council at its next meeting all actions taken by it or the reasons for not taking any action.

18. Financial estimates. - (1) The Executive Council shall prepare, before such date as may be prescribed, the financial estimates for the ensuing financial year and place the same before the General Council.

(2) The Executive Council may, in the case where an expenditure in excess of the amount provided in the budget is to be incurred or in the case of urgency, for reasons to be recorded in writing, incur expenditure, subject to such conditions and restrictions as may be prescribed. Where no provision has been made in the budget in respect of such excess expenditure, a report shall be made to the General Council at its next meeting.

19. Annual report. - (1) The Executive Council shall prepare the annual report containing such particulars as the General Council may specify, covering each financial year, and submit it to the General Council on or before such date as may be prescribed. The General Council may pass resolutions thereon and the Executive Council shall take action in accordance therewith. The action taken shall be intimated to the General Council.

(2) A copy of the annual report and a copy of the resolution of the General Council thereon shall be submitted to the State Government. The State Government shall lay the annual report and the resolution as aforesaid before the State Legislature as soon as may be after they are received.

20. Letter of appointment of employees. - Every employee shall be appointed under a written contract and shall be provided with a letter of appointment containing the terms and conditions of his appointment.

21. Discipline. - (1) The final authority responsible for maintenance of discipline among the students of the University shall be the Vice-Chancellor. His direction in that behalf shall be carried out by the officers and Heads of Departments, hostels and institutions.

(2) Notwithstanding anything contained in sub-clause (1), the punishment of debarring a students from any examination or rustication from the University or any hostel recognized by the University or any institution affiliated to the University shall, on the report of the Vice-Chancellor, be considered and imposed by the Executive Council:

Provided that no such punishment shall be imposed without giving the student concerned an opportunity of being heard.

22. Withdrawal of distinction, degree, diploma or privilege. - (1) The General Council may, on the recommendation of the Executive Council and by a resolution passed by the majority of the total membership of the General Council and by a majority of not less than two-thirds of the members of the General Council present and voting at the meeting, withdraw any distinction, degree, diploma or privilege conferred on, or granted to, any person, if such person has been convicted by a Court of law for an offence, which, in the opinion of the General Council, involves moral turpitude or if he has been found guilty of gross misconduct.

(2) No action under sub-clause (1) shall be taken against any person unless he has been given an opportunity of being heard.

(3) A copy of the resolution passed by the General Council shall immediately be sent to the person concerned.

(4) Any person aggrieved by a decision of the General Council under sub-clause (1) may appeal to the Chancellor within thirty days from the date of receipt of such resolution.

(5) The decision of the Chancellor on such appeal shall be final.

23. Eligibility for admission of students. - No student shall be eligible for admission to a course of study for a degree or diploma, unless he possesses such qualifications as may be prescribed.

24. Honorary degree. - If not less than two-thirds of the members of the Academic Council recommends conferment of an honorary degree or academic distinction on any person on the ground that he is, in their opinion, by reason of eminent attainment and position, fit and proper to receive such honorary degree or academic distinction, the Academic Council may, by a resolution, decide that such honorary degree or academic distinction, as the case may be, may be conferred on such person, subject to confirmation by the Chancellor.

25. Pension and provident fund. - The pension and provident fund of, any other terminal benefit to, the officers, Teachers and other employees of the University shall be such as may be decided by the University :

Provided that any provident fund instituted by the University for the benefit of its officers. Teachers and other employees shall be governed by the provisions of the Provident Funds Act, 1925, as if such fund were a Government Provident Fund, and the Executive Council shall have the power to make regulations, not inconsistent with the provisions of this Act, for the administration of the fund.

The West Bengal Utilisation of Land For Production of Food Crops Act, 1969

The West Bengal Utilisation of Land For Production of Food Crops Act, 1969

West Bengal Act 16 of 1969
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[Dated, 11th August, 1969]

An Act to provide [or the requisitioning of land with a view to better utilisation thereof for the production of food crops for meeting the shortage of food grains in West Bengal.

Whereas it is expedient to provide for the requisitioning of land with a view to better utilisation thereof for the production of food crops for meeting the shortage of food grains in West Bengal;

It is hereby enacted as follows :-

1. Short title and extent. - (1) This Act may be called the West Bengal Utilisation of Land for Production of Food Crops Act, 1969.

(2) It extends to the whole of West Bengal.

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

(a) "agricultural year" means the Bengali year commencing on the first day of Baisakh;

(b) "Collector" means the Collector of a district and includes an Additional District Magistrate, and a Subdivisional Magistrate empowered by the State Government to discharge any of the functions of a Collector under this Act;

(c) "prescribed" means prescribed by rules made under this Act.

3. Power to requisition. - (1) The Collector may, by order in writing, requisition any land if he is of opinion that such land is suitable for the production of food crops and is not likely to be utilised during the current or the ensuing agricultural season :

Provided that no land which forms part of any homestead or cremation or burial ground or of any place of worship shall be requisitioned under this section.

(2) Such requisition shall be made for such period, not extending beyond the agricultural year in which the order under sub-section (1) is made, as may be specified in the order.

(3) An order under sub-section (1) shall specify the date on which the possession of such land shall be delivered to the Collector.

(4) An order issued under sub-section (1) shall be served in such manner as may be prescribed upon the owner of the land and where the order relates to land in occupation of an occupier, not being the owner of the land, also on such occupier.

4. Delivery of possession. - When an order for the requisition of any land is made under section 3, the person in possession of such land made under section 3, the person in possession of such land shall deliver possession thereof to the Collector or to any officer authorised by the Collector in this behalf on the date specified in the order and in default of his doing so, the Collector may take possession thereof by force, if necessary.

5. Utilisation of land. - (1) As soon as may be after the Collector is in possession of any land requisitioned under section 3, he shall, by order in writing, make over possession thereof for such period not extending beyond the current agricultural year as he thinks fit to any person for utilising such land for the production of such food crop as may be specified in the order.

(2) In making over possession of any land under sub-section (1), the Collector shall whenever possible give preference to persons who own no land or less than 8094 hectare of land and who are residents of the locality where such land is situated and who intend to bring such land under personal cultivation.

(3) Any person to whom possession of any land has been made over under sub-section (1) shall be entitled to do in, on or with respect to, such land all things necessary for utilisation of such land for the production of such food crops as may be specified in the order issued under the said subsection.

(4) Nothing in this section shall be deemed to confer on any person to whom possession has been made over under sub-section (1) the status of a tenant or to confer on him any transferable right.

6. Delivery of produce or its money value to the Collector. - (1) Any person to whom possession of any land has been made over under subsection (1) of section 5 or who has been allowed to continue to remain in possession of such land under clause (a) of section 10 shall,-

(a) deliver to the Collector or to any officer authorised by the Collector in this behalf thirty-five per cent, of the gross produce from such land for any agricultural season or pay its money value to be determined by the Collector in such manner as may be prescribed, and

(b) after the expiry of the period for which possession has been made over to him under sub-section (1) of section 5 or he has been allowed to continue to remain in possession under clause (a), of section 10, give back possession of such land to the Collector or to any officer authorised by the Collector in this behalf and in default of his doing so the Collector may take possession thereof by force, if necessary.

(2) If such person fails to deliver the produce or the money value thereof referred to in clause (a) of sub-section (1) within such time as may be fixed by the Collector in this behalf, the money value shall be recoverable as a public demand.

7. Compensation. - When any land is requisitioned under section 3, there shall be paid to every person interested compensation for such requisition and the amount of compensation shall be twenty-five per cent, of the gross produce from such land for the period for which such land has been requisitioned, or its money value determined under section 6:

Provided that if there is a total failure of crop from such land or if for any reason such land has not actually been utilised, the amount of compensation per annum shall be at the rate of three per cent, of the market value of such land on the date of the order of requisition.

Explanation. - The expression "person interested" includes all persons claiming an interest in compensation to be paid on account of the requisition of land under the provisions of this Act and a person shall be deemed to be interested in land if he is interested in an casement affecting the land.

8. Apportionment of compensation. - Where there are several persons interested in the land requisitioned under section 3, the Collector shall by order apportion the compensation among such persons in accordance with the nature and extent of interest held by each such person.

9. Release from requisition or extension of the period of requisition. - After the expiry of the period for which land has been requisitioned under section 3, the Collector may,-

(a) release the land from requisition and deliver possession thereof to the person from whom possession was taken, or

(b) if he is of opinion that such requisition should continue, by order in writing, extend the period of requisition for such period not extending beyond one agricultural year at a time, as he thinks fit, so, however, that the total period of requisition shall not exceed three agricultural years :

Provided that no order extending the period of requisition of any land shall be made without giving the owner, and if such land is in occupation of an occupier, also the occupier, an opportunity of being heard :

Provided further that the order for the extension of the period of requisition shall be made before the expiry of the period of requisition.

10. Possession in case of extension of the period of requisition. - If the period of requisition is extended under clause (b) of section 9, the Collector may,-

(a) by order allow the person to whom possession has been delivered under sub-section (1) of section 5 to continue to remain in possession for such period not extending beyond the agricultural year as may be specified in the order; or

(b) proceed under section 5 and make over possession of the land to another person.

11. Appeal. - An appeal shall lie from an order made under this Act,-

(a) to the Collector of the district, where the order is made by a Subdivisional Magistrate, and

(b) to the Commissioner of the Division, where the order is made by a Collector of a district or an Additional District Magistrate, if preferred within thirty days from the date of the order appealed against and the decision of the Collector or of the Commissioner, as the case may be, shall be final.

12. Power to make rules. - (1) The State Government may make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-

(a) the manner of service of the order referred to in sub-section (4) of section 3 ;

(b) the manner of determining gross produce from any land;

(c) the manner of determining money value of the gross produce from any land.

13. Repeal and savings. - (1) The West Bengal Utilisation of Land for Production of Food Crops Ordinance, 1969, is hereby repealed.

(2) Anything done or any action taken under the West Bengal Utilisation of Land for Production of Food Crops Ordinance, 1969, shall be deemed to have been validly done or taken under this Act as if this Act had commenced on the 3rd day of June, 1969.

The West Bengal Vaccination Act, 1973

The West Bengal Vaccination Act, 1973

West Bengal Act 37 of 1973
--------------------------------------------------------------------------------


[Dated 19th September, 1973]

Assent of the Governor first published in the Calcutta Gazette, Extraordinary, dated the 19th September, 1973.

An Act to make vaccination and re-vaccination compulsory for the purpose of eradicating small pox in West Bengal.

Whereas it is expedient to make vaccination and re-vaccination compulsory for the purpose of eradicating small-pox in West Bengal:

It is hereby enacted as follows: -

1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Vaccination Act, 1973.

(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, appoint.

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

(a) "child" means a boy or girl who has not attained the age of eighteen years ;

(b) "establishment" has the same meaning as in the West Bengal Shops and Establishments Act, 1963;

(c) "factory" has the same meaning as in the Factories Act, 1948;

(d) "guardian" means any person to whom the care, nurture or custody of any child falls either by law or by natural right or recognized usage or who has accepted or assumed the case, nurture or custody of any child or to whom the care, nurture or custody of any child has been entrusted by any lawful authority;

(e) "medical practitioner" means a person registered in the medical register of the State of West Bengal meant for registration of persons practising the modern scientific system of medicine;

(f) "notification" means a notification published in the Official Gazette;

(g) "person" means a male or female who has attained the age of eighteen years;

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

(i) "Superintendent of Vaccination" means an officer of the State Government or local authority having prescribed qualifications appointed as such by the State Government by notification for any area to be specified in the notification, and different officers may be appointed for different areas;

(j) "unprotected child" means a child who has not-

(i) been successfully vaccinated or re-vaccinated within a period of three years immediately before the coming into force of this Act; or

(ii) been certified under this Act to be insusceptible to vaccination ;

(k) "unprotected person" means a person who has not-

(i) been successfully vaccinated or re-vaccinated within a period of three years immediately before the coming into force of this Act; or

(ii) been certified under this Act to be insusceptible to vaccination ;

(l) "vaccinator" means any person employed or authorised by the State Government or a local authority to act as vaccinator and includes a medical practitioner;

(m) "vaccinating centre" means a place where vaccination is performed.

3. Duties of parents or guardians regarding vaccination of children. - (1) The guardian of an unprotected child below six months of age shall have such child vaccinated before the child reaches that age at a vaccination centre within the prescribed hours or by a vaccinator.

(2) The guardian of an unprotected child, who is above six months of age and is a resident in the State of West Bengal, shall, within one month after this Act comes into force, get the child vaccinated.

(3) The guardian of a child who has been brought within the State of West Bengal without a certificate of successful vaccination or re-vaccination performed within a period of three years prior to the date of entry shall, within seven days from the date of such entry, get the child vaccinated or re-vaccinated, as the case may be.

4. Unprotected person to get himself vaccinated. - (1) Any unprotected person who is a resident in the State of West Bengal shall, within one month after this Act comes into force, get himself vaccinated.

(2) Any person who has entered the State of West Bengal without a certificate of successful vaccination or re-vaccination performed within a period of three years prior to the date of entry shall, within seven days from the date of such entry, get himself vaccinated or re-vaccinated, as the case may be.

5. Duty of vaccinator. - A vaccinator to whom any unprotected child is brought or any unprotected person comes for vaccination shall with all reasonable despatch vaccinate such child or such person.

6. Attendance for ascertaining results of vaccination. - After a child or person has been vaccinated in accordance with the provisions of the Act, the vaccinator shall direct the guardian of the child or the person to attend on such date, not exceeding ten days, and at such time and place as may be specified by him for the purpose of inspecting and ascertaining the result of vaccination.

7. Action to be taken when vaccination is successful or unsuccessful. - (1) If the vaccinator finds on inspection that the vaccination has been successful, he shall give a certificate of successful vaccination in the prescribed form.

(2) If the vaccinator finds that the vaccination is unsuccessful, he shall direct the guardian of the child or the person to have a re-vaccination to be performed by the vaccinator and such re-vaccination shall be inspected and after inspection shall be dealt with as in respect of the previous occasion.

8. Certificate for in-susceptibility to vaccination. - (1) If the Superintendent of vaccination is satisfied that a child or a person within his jurisdiction has been thrice unsuccessfully vaccinated, he shall deliver to the guardian of the child or the person, as the case may be, a certificate in the prescribed form and the child or the person shall not be required to be vaccinated within twelve months of the last unsuccessful vaccination.

(2) If after twelve months the child or the person is again found to be insusceptible of successful vaccination on three successive operations, a certificate to that effect shall be given in the prescribed form to the guardian of the child or the person and the child or the person shall not be required to be vaccinated again.

9. Compulsory re-vaccination. - (1) Within three months of the completion of a period of three years from the date of successful primary vaccination every child or person shall be taken or shall submit himself, as the case may be, to a vaccinator or a vaccinating centre for the purpose of re-vaccination in the prescribed manner.

(2) Every child or person shall be taken or shall submit himself, as the case may be, to a vaccinator or a vaccinating centre to be re-vaccinated at intervals of ten years following re-vaccination under sub-section (1) and the provisions of sections 6 and 7 shall thereupon apply.

10. Re-vaccination in the event of outbreak of small-pox. - (1) Notwithstanding anything contained in sections 8 and 9, the Superintendent of Vaccination may, in the event of an outbreak or threatened outbreak of smallpox, direct any child or person within his jurisdiction to be forthwith vaccinated or re-vaccinated, as the case may be.

(2) For the purpose of vaccination and re-vaccination under sub-section (1) the Superintendent of Vaccination may take the assistance of police, if necessary.

11. Duties and functions of Superintendent of Vaccination and other officers. - (1) The Superintendent of Vaccination shall ascertain whether all children and persons within his jurisdiction have successfully undergone vaccination or re-vaccination as required under this Act and if he has reason to believe that the guardian of any child or any person has failed to perform his duty imposed under this Act, the Superintendent of Vaccination shall serve or cause to be served on the guardian of the child or the person concerned a notice requiring the child or the person to be vaccinated or re-vaccinated within a period of fifteen days from the date of service of the notice or presented for inspection at such time and place to be specified in the notice:

Provided that if the Superintendent of Vaccination has reason to believe that there is within his jurisdiction an unprotected child or person residing in a bustee or staying in any type of shelter and having no fixed place of residence, he shall take immediate steps for vaccination or re-vaccination of such child or person with the assistance of police, if necessary.

(2) The Superintendent of Vaccination shall discharge such other duties and perform such other functions as may be prescribed.

(3) The State Government may appoint such number of Assistant Superintendents of Vaccination and Inspectors of Vaccination as the State Government may think fit.

(4) The Assistant Superintendents of Vaccination and Inspectors of Vaccination shall perform such functions as may be assigned to them by the Superintendent of Vaccination.

12. Vaccination in hospital, health centre, etc. - (1) The Superintendent of every hospital, Medical Officer in charge of every health centre, maternity centre or any other medical institution, or the medical authority of every nursing home-

(a) shall cause any child born therein to be vaccinated within three days from the date of birth or before the date of discharge whichever is earlier unless the Superintendent, Medical Officer or the medical authority is of opinion that the child is not in a fit state of health to be vaccinated ;

(b) shall cause every patient admitted therein to be vaccinated or re-vaccinated unless such patient has been vaccinated or re-vaccinated as required under this Act.

(2) Any medical practitioner attending a female during confinement shall after the birth of a child inform the Superintendent of Vaccination having jurisdiction of such birth and the Superintendent of Vaccination shall take steps for the vaccination of the child within a period of seven days from the receipt of such information.

(3) The Superintendent of every hospital, Medical Officer in charge of every health centre, maternity centre or any other medical institution or the medical authority of every nursing home shall maintain such records and registers as may be prescribed.

13. Entry into infectious diseases hospital. - No person shall, without a valid vaccination certificate, be permitted to enter the premises of any infectious diseases hospital or to enter any ward of a hospital, where persons attacked with small-pox are admitted.

14. Duty of owner or occupier. - It shall be the duty of every owner or occupier of a house, hut, tenement or bustee to see that any person coming to the house, hut, tenement or bustee as a guest or otherwise or any person employed therein as an attendant or a servant, whether on a part-time or full-time basis, has been vaccinated or re-vaccinated, as the case may be.

15. Inspection and detection of unprotected child or person. - Every owner or occupier of a house, hut, tenement, bustee. boat, vessel or public vehicle shall allow the Superintendent of Vaccination having jurisdiction or any person duly authorised by him in writing to have access thereto after giving such notice as may be prescribed for the purpose of ascertaining whether the inmates or passengers are vaccinated or re-vaccinated.

16. Restriction on entry. - The State Government may, if it thinks necessary so to do in order to prevent the spread of small pox, direct by notification, that for a period to be specified in the notification no child shall be brought within the State of West Bengal and no person shall enter the State of West Bengal without a certificate of successful vaccination or re-vaccination performed within a period of three years prior to the date of entry.

17. Restriction on admission in educational institutions. - No child or person shall be admitted to any educational institution in West Bengal and no person shall be employed in any office, establishment, educational institution or factory, in West Bengal not being an office, establishment, educational institution or a factory of or under the control of the Central Government without a certificate of successful vaccination or re-vaccination performed within a period of three years prior to the date of admission or employment.

18. Duty of police officer. - It shall be the duty of every police-officer in charge of a police-station to inform the Superintendent of Vaccination having jurisdiction of the existence of any unprotected child or person within the jurisdiction of the police-station when information of the existence of such child or person is given to him by any person and to render all assistance to the Superintendent to perform his functions under this Act.

19. Vaccination fee. - No fee or remuneration shall be charged for any vaccination or re-vaccination performed by a vaccinator other than a medical practitioner or for any certificate given under this Act at a vaccination centre.

20. Penalty for not vaccinating a child within the age of six months. - If an unprotected child who has attained the age of six months after the commencement of this Act remains unvaccinated, the guardian of the child shall be punishable with fine which may extend to fifty rupees.

21. Other penalties. - Any guardian of an unprotected child or any unprotected person who contravenes the provisions of section 3, section 4, section 6, sub-section (2) of section 9 and sub-section (1) of section 11 and any vaccinator who neglects or refuses to issue any prescribed certificate under this Act shall be punishable with fine which may extend to fifty rupees.

22. Penalty for false certificate. - Whoever wilfully signs or procures the signing or making a false certificate or duplicate certificate under this Act shall be punishable with imprisonment for a term not exceeding one month or with fine not exceeding one hundred rupees or with both.

23. Penalty for accepting illegal remuneration. - If any vaccinator other than a medical practitioner accepts or agrees to accept or attempts to accept any fee or remuneration, he shall be punishable with imprisonment which may extend to two years or with fine which may extend to one thousand rupees or with both.

24. Penalty for not performing the duty imposed under section 14. - If the owner or occupier of a house, hut, tenement or bustee neglects or fails to perform the duty imposed on him under section 14, he shall be punishable with fine which may extend to fifty rupees.

25. Penalty for refusal to give access. - If the owner or occupier of a house, hut, tenement, bustee, boat, vessel or public vehicle refuses the Superintendent of Vaccination or the person duly authorised by him to have access thereto for the purpose of section 15 without reasonable cause, he shall be punishable with imprisonment which may extend to two years or with fine which may extend to one thousand rupees or with both.

26. Penalty for contravention of section 17. - Whoever contravenes the provisions of section 17 shall be punishable with fine which may extend to fifty rupees.

27. Trial of offences. - (1) All offences under this Act shall be cognizable and bailable and, subject to the provisions of any law for the time being in force for the trial of offences, such offences may be tried by a Magistrate not below the rank of the first class.

(2) When any person or the guardian of any child has been convicted by a Magistrate for not being, or for not getting such child, vaccinated or re-vaccinated, the Magistrate shall make an order directing immediate vaccination or re-vaccination of such person or child, as the case may be.

28. Prosecution for negligence. - In any prosecution under this Act for the negligence of a guardian to get a child vaccinated or for the negligence of a person to get himself vaccinated, it shall not be necessary in support of such prosecution to prove that the guardian or the person, as the case may be, received notice from the Superintendent of Vaccination or any other officer of the requirement of law in this respect. If the guardian or the person produces a certificate of successful vaccination the same shall be a sufficient defence for him.

29. Issue of duplicate certificate. - If any certificate issued under this Act is lost, destroyed or defaced, a duplicate certificate may be issued on application in the prescribed manner from the person concerned.

30. Power to make rules. - (1) The State Government may make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely

(a) the form of the certificate of vaccination;

(b) the issue of a duplicate certificate;

(c) the duties and functions of the Superintendent of Vaccination;

(d) any other matter that may be or is required to be prescribed.

31. Repeal. - The Bengal Vaccination Act, 1880, is hereby repealed.

The West Bengal Valuation Board Act, 1978

The West Bengal Valuation Board Act, 1978

West Bengal Act 57 of 1978

--------------------------------------------------------------------------------

[Dated 5th February, 1979]

LEGISLATIVE HISTORY 6



Amended upto W. B. Act 30 of 2010




Assent of the Governor was first published in the Calcutta Gazette, Extraordinary of the 5th February, 1979.

An Act to provide for a [****] Valuation Board and Valuation Authorities for the purpose of valuation of lands and buildings in West Bengal.

Whereas it is expedient to establish a [****] Valuation Board and Valuation Authorities for the purpose of valuation of lands and buildings in West Bengal;

It is hereby enacted as follows :-

1. Short title, extent and commencement. - (1) This Act may be called the West Bengal [****] Valuation Board Act, 1978.

(2) It extends to the whole of West Bengal.

(3) It shall come into force in such area and on such date as the State Government may, by notification, appoint and different dates may be appointed for different areas.

2. Definitions. - (1) In this Act, unless there is anything repugnant in the subject or context,-

[***********]

[(aa) "Administrator or Board of Administrators" has the same meaning as in sub-section (3) of section 14 of the West Bengal Municipal Act, 1993.]

[***********]

(b) "Board" means the [****] Valuation Board established under section 4;

[(bb) "Board of Councillors" means the Board of Councillors of a Municipality;]

[***********]

[***********]

[(e) "Councillor" means a Councillor of a Corporation or Municipality;]

[***********]

[(f) "Corporation" means the Kolkata Municipal Corporation constituted under the Kolkata Municipal Corporation Act, 1980, the Howrah Municipal Corporation constituted under the Howrah Municipal Corporation Act, 1980, and other Municipal Corporations constituted under the West Bengal Municipal Corporation Act, 2006;]

(g) "Fund" means the [****] Valuation Board Fund referred to in section 20;

[(h) "Howrah" means Howrah as defined in the Howrah Municipal Corporation Act, 1980;]

(i) "Land or building" [includes a bustee];

[(ii) "municipal area" includes a notified area;]

[(j) "Municipality" means a Municipality as defined in the West Bengal Municipal Act, 1993, and includes a Notified Area Authority;]

(k) "Notification" means a notification published in the Official Gazette;

[(kk) "Property tax" means the property tax on the annual value of lands and buildings determined and leviable under the Howrah Municipal Corporation Act, 1980, [the Calcutta Municipal Corporation Act, 1980,] [the West Bengal Municipal Corporation Act, 2006,] or the West Bengal Municipal Act, 1993, as the case may be;]

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

(m) "regulations" means regulations made under section 29;

[************]

[(n) "valuer-surveyor" means the valuer-surveyor Grade I, or the valuer-surveyor Grade II, registered as such under section 8B.]

[(2) Words and expressions used in this Act but not defined shall have the same meaning as in the Howrah Municipal Corporation Act, 1980 or the Calcutta Municipal Corporation Act, 1980 or [the West Bengal Municipal Corporation Act, 2006,] or the West Bengal Municipal Act, 1993.]

3. Act to override other laws. - With effect from the date [of notification referred to in sub-section (1) of section 9,] the [provisions of the Howrah Municipal Corporation Act, 1980 or the Calcutta Municipal Corporation Act, 1980] or [the West Bengal Municipal Corporation Act, 2006) or the West Bengal Municipal Act, 1993,] or any other law relating to any of the matters provided for in this Act shall be deemed, in respect of such area, to have been modified to the extent of the provisions made in this Act.

4. Establishment of the Board. - (1) The State Government may, by notification, establish, for the purposes of this Act, a Board to be called the '*** Valuation Board.

(2) The Board shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name and shall be competent to acquire, hold and dispose of any property, both movable and immovable, to enter into contracts and to do all things necessary for the purposes of this Act.

5. Members of the Board. - (1) The Board shall consist of a Chairman and [four] other members to be appointed by the State Government.

(2) The Chairman shall be a person who is or has been an officer of the State Government [not below the rank of Secretary including ex officio Secretary [***].]

[(3) [The four other members shall include the Director of Local Bodies, Government of West Bengal, who shall be the ex officio member of the Board, and such other officers of the State Government or non-official experts] having knowledge and experience in the field of Judiciary, Engineering, Valuation and Assessment of Properties, Economics or Social Science as the State Government may determine.]

(4) The Chairman and the other members of the Board shall hold office for such period not exceeding [four years] as the State Government may determine and the terms and conditions of their service, including salaries and allowances shall be such as may be prescribed.

[(5) The Board shall have a Member-Secretary who shall be appointed by the State Government from amongst the members referred to in subsection (3) and shall be the Chief Executive Officer of a Board.]

[5A. Validation. - Notwithstanding anything contained elsewhere in this Act, no action of the Board shall be invalid or otherwise called in question merely on the ground of the existence of any vacancy (initial or subsequent) in the office of the members of the Board.]

[6. Officers and employees. - (1) The Board may create such posts of officers and employees and fill up such posts as may be approved by the State Government.]

(2) The terms and conditions of service including salaries and allowances of the officers and employees appointed under sub-section (1) shall be determined by regulations.

7. Employment of staff of the State Government. - (1) The Board may take over and employ such staff of the State Government as the State Government may make available.

(2) During the period of such employment all matters relating to pay, allowances, leave, retirement, pension, provident fund and all other terms and conditions of service of the staff so made available and taken over shall be regulated by the West Bengal Service Rules or such other rules on the subject as may, from time to time, be made by the State Government for its employees.

(3) Subject to the provisions of sub-sections (2) and (4) every person so taken over and employed shall be subject to the provisions of this Act and the regulations.

(4) All permanent Government employees taken over and employed under sub-section (1) shall have a lien on their post in the service of the State Government and the period of their service under the Board shall, on reversion to the service of the State Government, be counted for the purpose of their promotion, increments, pension and other matters relating to their service.

[8. Expenditure incurred on account of salaries and allowances including contingencies. - (1) The expenditure incurred by the Board for meeting the salaries and allowances including contingencies of the Chairman and the Member-Secretary serving under the Board shall be defrayed out of the Fund to be provided by the State Government.

(2) The expenditure incurred by the Board for meeting the salaries and allowances including contingencies in respect of all the officers and employees serving under the Board shall be defrayed out of the Fund to be provided by the State Government.

(3) The expenditure towards contingencies for maintaining normal financial activities shall be met out of the Fund so provided by the State Government.]

[8A. Maintenance of register' of registered valuer-surveyors [Grade I and registered valuer-surveyors Grade II.]. - The Board shall maintain in the prescribed manner a register of registered valuer-surveyors [Grade I and registered valuer-surveyors Grade II.].

[8B. Registration of valuer-surveyor [Grade I and registered valuer-surveyors Grade II.]. - Every person who possesses such qualifications as may be prescribed shall, subject to such terms and conditions, and on payment of such fee, as may be prescribed, be entitled to have his name entered [as a valuer-surveyor Grade I or valuer-surveyor Grade II] in the register of registered valuer-surveyors [Grade I and registered valuer-surveyors Grade II.].]

9. Determination of valuation and its duration. - (1) The State Government shall, from time to time by notification, specify the area where, the general valuation of lands and buildings shall be made by the Board, in accordance with the [provisions of the Howrah Municipal Corporation Act, 1980 or the Calcutta Municipal Corporation Act, 1980] or [the West Bengal Municipal Corporation Act, 2006) or the West Bengal Municipal Act, 1993,] or any other law for the time being in force in such area, as the case may be [, in so far as they relate to the determination of annual valuation :]

[Provided that the Board may, in accordance with a resolution in this behalf adopted at a meeting of the Board and with the previous approval of the State Government, require any valuer-surveyor to make, subject to such conditions as may be prescribed, the general valuation of lands and buildings in the area as aforesaid or in any part thereof under the superintendence, direction and control of the Board on payment of such remuneration as the Board may determine, and every such valuation shall be deemed to have been made by the Board.]

(2) [The valuation made by the Board shall become operative with effect from the date specified in section 11] and shall remain in force in respect of such area for a period of [five years] and may be revised thereafter at the termination of successive periods of [five years] :

Provided that [notwithstanding anything contained in the foregoing provisions of this section, in Calcutta and Howrah and in any municipality,] the valuation shall remain in force in such groups of Wards and for such period as may be prescribed and such valuation may be revised thereafter at the termination of successive periods of [five years] from the expiry of the period so prescribed:

Provided further that the valuation of lands or buildings in any area made in accordance with the provisions of [the West Bengal Municipal Act, 1993] or any other law, shall remain in force for the period for which it was made under [the West Bengal Municipal Act, 1993] or any other law, as the case may be.

[(3) Notwithstanding anything contained in sub-sections (1) and (2), if, during the currency of any period referred to in sub-section (2), any new building is erected, or any existing building is reconstructed or substantially altered or improved, in any area, the determination of valuation of such premises shall be subject to the same criteria as has been fixed by the Board for such premises, and its valuation shall be covered by such procedure as may be determined by the Board for its immediate valuation with prior mandatory filing of statement of particulars under section 16 by the owner or occupier. The valuation so made shall remain in force from the quarter intimated by the Municipality or Corporation for the unexpired portion of the period referred to in sub-section (2). [***********]]

(4) The Corporation and [the Board of Councillors] shall in each year and within such time as may be prescribed send to the Board a list of all new buildings erected and also all existing buildings reconstructed or substantially altered or improved within their respective jurisdiction [together with suggested valuation in terms of Board's guidelines for finalization and approval of valuation by the Board].

[9A. Publication of draft valuation list. - (1) When the valuation under section 9 of the lands and buildings in any area has been completed, the Board shall cause such valuation list and the amount of property tax thereon to be entered in a list.]

(2) The Board shall publish the draft valuation list, prepared under subsection (1), in such manner, as may be prescribed and shall specify a date within which an application for objection to the draft valuation list may be filed.

(3) After the expiry of the date specified in sub-section (2) and within such period thereafter as may be prescribed, the objection of any entry in the draft valuation list shall be determined after giving the applicant an opportunity of being heard [************.]

[(4) The Board shall, with the approval of the State Government, appoint such officer of officers, having such experience and qualification, and on such terms and conditions as the State Government may by order determine, to hear and determine the objections to the draft valuation list, and the objection shall be determined in such manner as may be prescribed.]

[************]

OLD LAW 6



Sub-section (5) omitted by W.B. Act 4 of 2009, which was under :

'(5) In the cases where notifications under sub-section (1) of section 9 shall be issued after the commencement of the West Bengal Valuation Board (Amendment) Act, 2007, no application under sub-section (4) shall be entertained unless the amount of property tax on the previous valuation of the land or building as aforesaid has been paid or deposited in the office of the Corporation or the Municipality, as the case may be, before the application is filed, and every such application shall fail unless the amount of property tax on the previous valuation is continued to be paid or deposited in the office of the Corporation or the Municipality, as the case may be, till such application is finally disposed of:

Provided that wherever the property tax on the previous valuation was being paid to a Panchayat which has been newly constituted as a municipal area or added to a municipal area, entire amount of property tax, as determined under the Panchayat must be paid or deposited, and continued to be paid or deposited, in the office of the concerned Corporation or Municipality. The amount so paid or deposited shall be adjusted against the valuation to be fixed after determination.'.




Explanation.-For the purposes of this section the term 'previous valuation' means the Valuation made under the Bengal Municipal Act, 1932 and in force on the date immediately before the commencement of the West Bengal Municipal Act, 1993, and under the West Bengal Municipal Act, 1993.

10.[************]

OLD LAW 6



Section 10 omitted by W.B. Act 7 of 1994, which as under :

'10. Publication of the draft valuation list. - (1) When the valuation under section 9 of the lands and buildings in any area has been completed, the Board shall cause such valuation and the amount of consolidated rate thereon to be entered in a list.

(2) The Board shall publish the valuation list in such manner as may be prescribed and shall specify a date within which objections to the list may be filed.

(3) After the expiry of the date specified in sub-section (2) and within such period thereafter as may be prescribed, the objection shall be determined, after giving the objector an opportunity of being heard, by such officer or officers of the Board as it may specify in this behalf.

(4) The objections shall be filed and determined in such manner as may be prescribed'.





[11. Publication of final valuation list. - When the application under sub-section (2) of section 9A, if any, has been determined, the Board shall prepare a final valuation list and shall give public notice of the place or places where such list may be inspected, and such valuation list shall be the final valuation list, and shall become operative from the date or quarter succeeding last date or quarter upto which the previous valuation list was valid.]

12.[************]

[12A. Alteration or amendment of [**] valuation list. - (1) Notwithstanding anything contained in section 11, the Board may at any time before [the date specified for filing the applications under sub-section (2) of section 9A] and for reasons to be recorded in writing, direct any alteration or amendment of the [**] valuation list-]

(a) by inserting therein the name of any person whose name ought to be inserted; or

(b) by inserting therein any land or building previously omitted together with the valuation thereof; or

(c) by striking out the name of any person or any land or building not liable for payment of [property tax; or]

(d) by increasing or decreasing the annual valuation of any holding which, in the opinion of the Board, has been substantially undervalued or over-valued by reasons of fraud, misrepresentation, [mistake, error or subsequent construction or inadvertence;] or

[(e) by correcting any patent error or omissions.]

[************]

13.[************]

14.[************]

OLD LAW 6



Section 14 omitted by W.B. Act 16 of 2007, which was as under :

'14. Application for review. - (1) The owner or occupier or any other person primarily liable to pay property tax may, if dissatisfied with the valuation of any land or building as entered in the valuation list, apply to the corporation or the Board of Councillors to review the valuation.

(2) The application shall be filed within such time and in such manner as may be prescribed.

(3) Every application presented under sub-section (1) shall be heard and determined by a Review Committee constituted under section 15 in accordance with such procedure as may be prescribed.

(4) No application under sub-section (1) shall be entertained unless the amount of property tax on the previous valuation of the land or building as aforesaid has been paid or deposited in the office of the Corporation or Municipality, as the case may be, before the application is filed, and every such application shall fail unless the amount of property tax on the previous valuation as aforesaid is continued to be paid or deposited in the office of the Corporation or Municipality, as the case may be, till such application is finally disposed of:

Provided that wherever the previous valuation refers to a valuation made under the Bengal Municipal Act, 1932, and in force on the date immediately before the commencement of the West Bengal Municipal Act, 1993, no application under sub-section (1) shall be entertained unless the amount of property tax on such previous valuation has been paid or deposited or is continued to be paid or deposited in the office of the concerned Municipality :

Provided further that wherever the property tax on the previous valuation was being paid to a Panchayat which has been newly added as a municipal area, twenty-five per cent of the newly calculated amount must be paid or deposited, and continued to be paid or deposited, in the office of the concerned Municipality. The amount so paid or deposited shall be adjusted against the valuation to be fixed after review.

(5) In the cases of excessive hardship to the persons liable to pay property tax, the Review Committee may, in its discretion, waive or reduce the advance payment of such tax due before hearing.'.





15.[************]

OLD LAW 6



Section 15 omitted by W.B. Act 16 of 2007, which was as under :

'15. Review Committee. - (1) Every Corporation or municipality shall, by a resolution, constitute Review Committee or Review Committees to hear applications presented under sub-section (1) of section 14.

(2) Every Review Committee shall be presided over by the Chairman or the Vice-Chairman of the Municipality and shall consist of two other members, being of the Municipality, as may be nominated by the body of Councillors, and another member, who shall be an officer of the Board having knowledge in the assessment of municipal valuation, deputed by the Board :

Provided that in the case of a Corporation, the presiding officer and the two other members of the Review Committee shall such persons as may be nominated by the Corporation from amongst the Councillors by a resolution :

Provided further that no decision of a Review Committee shall be invalid or called in question merely by reason of any vacancy in the composition of the Committee or absence of any member from a meeting thereof other than the presiding officer:

Provided also that the decision of a Review Committee shall be unanimous :

Provided also that when a Corporation or Municipality is dissolved and no new body is constituted within three months, the Administrator or the Board of Administrators, as the case may be, shall take over the Review work in consultation with the Board.

(3) The Review Committee may confirm, reduce, enhance or annul the valuation of land or building or may suggest fresh valuation to be made after such further enquiry as may be necessary :

Provided that where the Review Committee reduces the valuation of any land or building, such reduction shall not be more than twenty-five per centum of the annual valuation of such land or building except in the case of gross arithmetical or technical mistake, or striking anomaly and the Review Committee shall, in every such case, record in writing the reasons for such reduction, and send details of the same to the Board :

Provided further that with respect to any area identified as struck by natural calamity for a particular year, by the State Government, the land or building in that area may, fully or partially, be exempted from valuation by the Municipality or Corporation concerned for that particular year.

(4) If there is any difference of opinion amongst the members of the Review Committee, the matter shall be referred to the Board for decision.

(5) The decision of the Review Committee or of the Board, as the case may be, shall be final and no suit or proceeding shall lie in any Civil Court in respect of any matter which has been or may be referred to the Review Committee or has been decided by the Review Committee or the Board.'.





16. Owner or occupier to file statement. - Every owner or occupier of any land or building shall file a statement before the Board in such manner and within such time and specifying such particulars as may be prescribed.

OLD LAW 6



Section 16 Substituted by W.B. Act 40 of 1984, which was earlier as under :

'16. Owner and occupier to file statement. - Every owner and occupier of any land or building shall, within such period as may be prescribed, file a statement before the Board specifying-

(a) the name of the street in which the land or building is situated,

(b) the number of the holding,

(c) a description of the land or building,

(d) whether the land or building is occupied by him as owner or occupier or as owner and occupier,

(e) the actual annual rent, if any, paid for the land or building,

(f) the amount payable quarterly on account of the consolidated rate under the Calcutta Municipal Act, 1951, or rate or rates under the Bengal Municipal Act, 1932, or any other law in force in that area as the case may be, and

(g) such other particulars as may be prescribed.'.





17. Production and inspection of accounts and documents. - The Board or any of its officer authorised by the Board may, subject to such conditions as may be prescribed, require the owner or the occupier of any land or building to produce before the Board or such officer within such time as the Board or such officer may fix any accounts, registers or documents or to furnish any information relating thereto as may be considered necessary for the purpose of this Act and the owner or the occupier shall comply with such requisition.

[18. Power to enter into land or building. - [(1) Any officer of the Board, or any person or an Agency authorised by the Board in this behalf, in writing, may enter into any land or building and make an inspection or survey, or take measurements, thereof for the purpose of valuation.]

(2) If such entry is refused, or any objection to such entry is made, the officer authorised under sub-section (1) may give notice in writing to the owner or the occupier of such land or building of his intention to enter into such or land building, and the owner or the occupier of such land or building shall, upon such notice being duly served on him, extend all facilities as may reasonably be expected of him to such officer [, person or the agency, as the case may be,] for entering into such land or building and for making inspection or survey, or for taking measurements, thereof as the case may be, for the purpose of valuation.]

19. Corporation and [Municipalities] to make payment to the Board. - (1) [The Calcutta Municipal Corporation, the Howrah Municipal Corporation,] [the Siliguri Municipal Corporation, the Asansol Municipal Corporation, the Chandernagore Municipal Corporation, the Municipality or other local authority of any area,] as the case may be, in respect of which notification under sub-section (1) of section 9 has been made, [may in each year pay] to the Board such proportion of the expenditure incurred by the Board on account of the valuation and assessment, as the annual value of [holdings in Calcutta, Howrah,] [Siliguri, Asansol or Chandernagore or within the jurisdiction of the Municipality or the other local authority,] as the case may be, bears to the aggregate of the annual value of the total number of holdings in the concerned area.

(2) The Board shall calculate the amount payable by the Corporation, [the Municipality or the local authority] under sub-section (1) and may require the concerned body to pay the amount withing such time as may be prescribed.

(3) If the amount is not paid within the prescribed time, the Board may refer the matter to the State Government and the State Government may pay the amount to the Board after deducting the same from any grant payable by the State Government to the Corporation, [the Municipality or such other local authority,] as the case may be.

[19A. Functions of the Board. - (1) The Board may render such advice on valuation and rating to a Corporation or a [Municipality] as the State Government may, from time to time, require it to do or as the Board may consider necessary for carrying out the purposes of the Act.

(2) The Board may also discharge such other functions in the field of valuation including development of expertise in valuation of land and building and training of [officers and employees of a Municipality] as the State Government may direct or as the Board may consider necessary for carrying out the purposes of this Act.]

20. Fund of the Board. - (1) The Board shall have a fund to be called the Central Valuation Board Fund to which shall be credited-

(a) such moneys as may be paid to the Board by [the Corporations, the Municipalities and the other local authorities] under section 19, and

(b) such other moneys as may be paid to the Board by the State Government or any other authority or agency.

(2) All moneys received by the Board shall be deposited in the [State Bank of India] or in one or more nationalised banks.

[21. Grants or loans to the Board. - The State Government may extend grants or loans to the Board on such terms and conditions as that Government may determine.]

22. Expenditure and accounts. - [(1) The Board shall have the same financial powers as are exercisable by the Secretary of a Department of the State Government. Matters beyond such financial powers shall be referred by the Board to the State Government for decision.]

[(2) The Board shall keep accounts of all receipts and expenditure, and prepare annual accounts, in a regular manner as per standard accounting norms or in such manner as may be prescribed.]

23. Audit. - (1) The Board shall cause its accounts to be audited annually by an auditor to be appointed by the State Government and the auditor so appointed shall have the right to demand the production of books, accounts, documents and other papers of the Board.

[(2) The annual accounts prepared as per provisions of sub-section (2) of section 22 shall be placed to the auditor for audit. As soon as the accounts have been audited, the Board shall send a copy thereof together with a copy of the report of the auditor to the State Government.]

(3) The Board shall comply with such directions as the State Government may, after perusal of the report of the auditor, think fit to issue in this behalf.

(4) The Board shall pay out of the Fund such sum as may be determined by the State Government by way of fees [, if any,] for such audit.

24. Budget. - (1) The Board shall prepare each year in such form and within such time as may be prescribed a budget in respect of the financial year next ensuing, showing the estimated receipts and expenditure and shall forward a copy of the same to the State Government for approval.

(2) The State Government may, in according such approval, make such additions, alterations and modifications therein as it thinks fit:

Provided that before making such additions, alterations or modifications the State Government shall give the Board an opportunity to express its views thereon within such period as may be prescribed.

25. Penalty. - Any person who-

(a) fails to file the statement referred to in section 16 within the prescribed period, or files a false statement, or

(b) fails to produce the accounts, registers or documents or to furnish the information relating thereto when so required under [section 17, or]

[(c) fails to comply with the provisions of section 16,]

shall be punishable with simple imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both and when the offence is a continuing one, with a daily fine not exceeding fifty rupees per day during the period of continuance of the offence.

26. Employment of staff. - The Board may employ such members of the staff [of the Corporation or the Municipality or any other local authority, as the case may be,] having jurisdiction over the area specified in the notification under sub-section (1) of section 9, [for the purpose of collection of field data for determining valuation of properties under this Act,] on such terms and conditions of service as may be determined by regulation :

Provided that the terms and conditions of service of the persons so employed shall not be varied to their disadvantage :

[Provided further that notwithstanding anything contained in this section, the Board may engage private agency or any other person with sufficient experience, on such terms and conditions as the State Government may, by order, determine, in the work of valuation of properties.]

[26A. Delegation of powers and functions by Board. - [(1) The Board may delegate any of its powers and functions including financial powers to the Chairman of the Board except the power under sub-section (1) of section 6.]

(2) The Board may also delegate any of its powers or functions to any other officer of the Board by a resolution adopted by it in this behalf.]

27.[************]

OLD LAW 6



Section 27 omitted by W.B. Act 7 of 1994, which was as under :

'27. Valuation Authority. - (1) The State Government may in consultation with the Board, by notification, constitute a Valuation Authority, for a municipality or group of municipalities in respect of which no notification under sub-section (1) of section 9 has been made for the purpose of making general valuation of lands and buildings in such municipality or group of municipalities.

(2) Where a notification under sub-section (1) of this section has been made, no notification under sub-section (1) of section 9 shall be made in respect of such municipality or group of municipalities.

(3) An Authority shall consist of a Chairman and two other members to be appointed by the State Government.

(4) (a) The Chairman shall be a person who is or has been an officer of the State Government not below the rank of a Deputy Secretary.

(b) Of the two other members-

(i) one shall be a person who is or has been a member of the judicial service for not less than seven years, and

(ii) the other shall be a person holding a degree or diploma in Civil Engineering and having knowledge and experience in the work of valuation and assessment for not less than seven years.

(5) The Chairman and other members of an Authority shall hold office for such period not exceeding six years as the State Government may determine and the terms and conditions of their service including salaries and allowances shall be such as may be prescribed.

(6) In making valuation of lands and buildings within a municipality or group of municipalities the Authority constituted for that area shall follow the general directions of the State Government and as nearly as may be, the procedure laid down in this Act for the functioning of the Board, and the provisions of sections 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 21, 22, 23, 25, 26 and 29 shall mutatis mutandis apply to such Authority.

(7) The Commissioners of a municipality shall in each year pay to the Authority such proportion of the expenditure incurred by that Authority on account of valuation and assessment of a municipality or group of municipalities as the annual value of holdings of the concerned municipality bears to the aggregate of the annual value of total number of holdings in the municipality or group of municipalities, as the case may be.

(8) An Authority shall determine the amount payable by a municipality or group of municipalities under sub-section (7) and may require the Commissioners of such municipality or group of municipalities to pay the amount within such time as may be prescribed.

(9) If the amount payable under sub-section (8) is not paid within the prescribed time, an Authority may refer the matter to the State Government and the State Government may pay the amount to that Authority after deducting the amount from any grant payable by the State Government to such Commissioners of a municipality or group of municipalities, as the case may be.

(10) Every Authority shall have a fund to be called the Valuation Authority Fund bearing the name of the municipality or group of municipalities in respect of which it is constituted and to which shall be credited-

(a) such moneys as may be paid to such Authority by the municipality or group of municipalities under sub-section (7), and

(b) such other moneys as may be paid to such Authority by the State Government or any other agency.

(11) All moneys received by an Authority shall be deposited an one or more nationalised banks.

(12) All expenditure incurred by an Authority shall be defrayed out of the fund of such Authority.

(13) Every Authority shall prepare in each year in such form and within such time as may be prescribed a budget in respect of the financial year next ensuing, showing the estimated receipts and expenditure of that Authority and shall forward a copy of the same to the State Government for approval and while according such approval the State Government may make such additions, alterations and modifications therein as it thinks fit:

Provided that before making such additions, alterations or modifications the State Government shall give the Authority an opportunity to express its views thereon within such period as may be prescribed.

(14) With effect from the date from which valuation made by an Authority becomes operative in any area the provisions of the Bengal Municipal Act, 1932 or any other law relating to any of the matters provided for in this section shall be deemed in respect of such area to have been modified to the extent to which provisions have been made in this section.

(15) The State Government may, if it considers it necessary so to do, by notification, dissolve an Authority constituted under sub-section (1) and upon such dissolution the power of the municipality concerned to make valuation of lands and buildings shall notwithstanding anything contained in this Act, revive.

(16) When an Authority is dissolved under sub-section (15)-

(i) if it is in respect of a municipality, the assets and liabilities of that Authority shall devolve upon such municipality; or

(ii) if the Authority is in respect of a group of municipalities, the assets and liabilities of that Authority shall devolve upon such municipalities in the manner prescribed.'.





[27A. Members, officers and employees to be public servants. - Every Member of the Board or every officer or employee of the Board shall, when acting or purporting to act under the provisions of this Act, be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.]

28. Power to make rules. - (1) The State Government may, by notification, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters which may be or is required to be prescribed.

29. Power to make regulations. - (1) The Board may, with the previous approval of the State Government, make regulations consistent with the provisions of this Act and the rules made thereunder for carrying out the purposes of this Act.

(2) The State Government may, in according such approval, make such additions, alterations and modifications therein as it thinks fit:

Provided that before making such additions, alterations or modifications the State Government shall give the Board an opportunity to express its views thereon within such period not exceeding two months as may be specified by the State Government.

(3) All regulations approved by the State Government shall be published in the Official Gazette.

[30. Validation and saving. - Notwithstanding anything contained in this Act, with effect from the date of coming into force of the West Bengal Valuation Board (Amendment) Act, 2009, any property tax levied on annual value of land and building, or any valuation published under this Act or any assessment list published under the West Bengal Municipal Act, 1993, or the West Bengal Municipal Corporation Act, 2006 shall remain in force till a new valuation list is brought into effect.]

The West Dinajpur Union Boards Act, 1950

The West Dinajpur Union Boards Act, 1950

West Bengal Act 42 of 1950
--------------------------------------------------------------------------------

[3rd November, 1950.]

An Act for the removal of doubts regarding the local area of the Hilli union and the membership and the tenure of membership of the Hilli union board in the district of West Dinajpur and for modifying the operation of the West Dinajpur Union Boards Ordinance, 1950.

Whereas under the award of the Boundary Commission, the local area in the district of Dinajpur in the Province of Bengal which was originally declared under section 5 of the Bengal Village Self-Government Act, 1919 (hereinafter referred to as the said Act), to be the Hilli union, fell partly within the Province of West Bengal and partly within the Province of East Bengal;

And Whereas since the said award, doubts have arisen regarding the local area of the Hilli union and the membership and the tenure of membership of the Hilli union board;

And Whereas it is expedient to remove such doubts;

And Whereas it is also expedient to modify the operation of the West Dinajpur Union Boards Ordinance, 1950, in certain respect;

It is hereby enacted as follows :-

1. Short title and commencement. - (1) This Act may be called the West Dinajpur Union Boards Act, 1950.

(2) This section and section 6 shall come into force at once; the rest of the Act shall come into force immediately on the West Dinajpur Union Boards Ordinance, 1950, ceasing to operate.

2. Definitions. - In this Act,-

(a) "appointed day" means the date on which the award of the Boundary Commission came into force;

(b) "Boundary Commission" means the Boundary Commission referred to in the Indian Independence Act, 1947.

3. Local area of Hilli union. - On and from the appointed day, the Hilli union shall, for the purposes of section 5 of the said Act, be deemed to comprise of so much of the local area originally declared under the said section to be the local area of the said union as is situated in the district of West Dinajpur.

4. Membership of the Hilli union board. - On and from the appointed day, the Hilli union board shall, for the purposes of section 6 of the said Act, be deemed to be constituted of such members of the said union board who immediately before the appointed day were holding office as such members and were resident within areas now comprised in West Bengal.

5. Term of office of members of the Hilli union board. - The members of the Hilli union board referred to in section 4 shall hold office up to the 8th day of April, 1951, and for any further period which may elapse between the expiration of the said date and the date of the first meeting at which a quorum is present, of the newly elected members after the next general election for the said union board.

6. West Bengal Order 9 of 1950 not to have effect in certain respects. - So much of the West Dinajpur Union Boards Ordinance, 1950, as relates to the local areas of the Binshira and Dhalpara unions and the membership and the tenure of membership of the Binshira and Dhalpara union boards shall be deemed never to have been in force.

The Wild Birds and Animals (Protection) Act, 1912

The Wild Birds and Animals (Protection) Act, 1912
 (Act No. 8 of 1912)
[Dated 18th September, 1912] An Act to make better provision for the protection and preservation of certain wild birds ana animals. Whereas it is expedient to make better provision for the protection and preservation of certain wild birds and animals; It is hereby enacted as follows :

1. Short title and extent. - This Act may be called the Wild Birds and Animals (Protection) Act, 1912
2. Application of Act. - (1) This Act applies in tire first instance to the birds and animals specified in the Schedule, when in their wild state. (2) The State Government may, by notification in the Official Gazette, apply the provisions of this Act to any kind or wild bird or animal, other than those specified in the Schedule, which in its opinion, it is desirable to protect or preserve.
3. Close time. - The State Government may, by notification in the Official Gazette, declare the whole year or any part thereof to be a close time throughout the whole or any part of its territories for any kind of wild bird or animal to which this Act applies, or for female or immarare wild birds or animals of such kind; and subject to the provisions hereinafter contained, during such close time, and within the areas specified in such notification, it shall be unlawful,-
   (a) to capture any such bird or animal, or to kill any such bird or animal which has not been captured before the commencement of such close time;
   (b) to sell or buy, or offer to sell or buy, or to possess; any such bird or animal which has not been captured or killed before the commencement of such close time, or the fresh thereof;
   (c) if any plumage has been taken from any such bird captured or killed during such close time, to sell or Huy, or to offer to sell or buy, or to possess, such plumage. 
4. Penalties. - (1) Whoever does or attempts to do, any act in contravention of Section 3, shall be punishable with fine which may extend to fifty rupees. (2) Whoever having already been convicted of an offence under this section, is again convicted thereunder shall, on every subsequent conviction, be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both.
5. Cognizance of offences. - No Court inferior to that of a Metropolitan Magistrate or a Magistrate of the second class shall try any offence against this Act.
6. Saving. - Nothing in this Act shall be deemed to apply to the capture or killing of a wild animal by any person in defence of himself or any other person, or to the capture or killing of any wild bird or animal in bona fide defence of property.

 The Schedule

(i) Bustards, ducks, floricans, jungle fowl, partridges, peafowl, pheasants, pigeons quail, sand-grouse, painted snipe, spurfowl, wood-cock, nerons, egrets, rollers and kingfishers.
(ii) Antelopes, asses, bison, buffaloes, deer, gazelles, goats, hares, oxen, rhinoceroses and sheep.