The West Bengal College Teachers (Security Of Service) Act, 1975
West Bengal Act 36 of 1975
(ii) recovery of the whole or part of any pecuniary loss caused to the college by negligence or breach of any lawful order of the Governing Body;
(iii) withholding of increments;
(v) compulsory retirement;
(vi) removal from service which shall not be a disqualification for future employment;
(vii) dismissal from service which shall ordinarily be a disqualification for future employment as a teacher.(2) No order imposing any of the aforesaid penalties shall be made without informing the teacher concerned of the charges against him and giving him an opportunity of being heard and except after an inquiry held in the manner prescribed: Provided that penalties specified in clause (vi) or clause (vii) of sub-section (1) shall not be imposed on a confirmed teacher except on ground of being persistently engaged in activities prejudicial to the academic or financial interest of the college or habitual dereliction of duty or physical infirmity likely to interfere with the normal discharge of his duties or mental derangement or moral turpitude. 10. Communication of order imposing penalty. - An order of the Governing Body of a college imposing any of the penalties referred to in sub-section (1) of section 9 shall be communicated to the teacher concerned and shall also be reported to the University to which such college is affiliated. 11. Suspension of teacher. - (1) The Governing Body of a college may place a teacher under suspension-
(a) where an inquiry against him under sub-section (2) of section 9 is contemplated by the Governing Body or such an inquiry is pending; or
(b) where a case against him in respect of any criminal offence involving moral turpitude is under investigation or trial.(2) Every order of suspension under sub-section (1) shall be communicated to the Vice-Chancellor of the University to which the college is affiliated within a fortnight from the date of such order. (3) A teacher who is placed under suspension shall be entitled to receive from the Governing Body of the college a monthly subsistence allowance-
(a) during the first six months of the period of suspension at the rate of fifty per cent, of his total monthly emoluments.
(b) during the next six months of the period of suspension at the rate of seventy-five per cent, of his total monthly emoluments, and
(c) during the balance of the period of suspension at the rate of ninety per cent, of his total monthly emoluments.Explanation. - For the purpose of this sub-section the expression "total monthly emoluments" means the total monthly emoluments which the teacher had been drawing immediately before his suspension. 12. Appeals. - (1) A teacher against whom an order imposing any of the penalties referred to in sub-section (1) of section 9, has been passed, may prefer an appeal within thirty days from the date of receipt of such order to the University to which the college is affiliated. (2) The University shall, after giving the teacher and the Governing Body of the college an opportunity of being heard, pass such order as it thinks fit. 13. Power to delegate. - The University may, by order, delegate the power conferred upon it by section 12 to such authority or officer not below the rank of a Deputy Inspector of Colleges as the University may specify. 14. Appellate Tribunal. - (1) The State Government shall, for the purposes of this Act, constitute an Appellate Tribunal consisting of the following members, namely:-
(a) a Chairman who shall be a person who holds or has held the office of a Judge not below the rank of a District Judge, and
(b) two other members, one of whom at least, shall be an educationist,to be nominated by the State Government. (2) The Governing Body of a college or a teacher, may prefer an appeal against an order under section 12, to the Appellate Tribunal within a period of thirty days from the date of the order. (3) The Appellate Tribunal may, on application made in this behalf, call for the records of an appeal from the University if no final order has been passed therein by the University under sub-section (2) of section 12 within a period of one year from the date of filing an appeal under sub-section (1) of the said section. (4) The Appellate Tribunal shall dispose of an appeal referred to in subsection (2) or sub-section (3) in such manner as may be prescribed. 15. Bar to representation by legal practitioners. - No legal practitioner as defined in the Advocates Act, 1961, shall be allowed to represent either a teacher or the Governing Body of a college in any proceedings under section 12 or section 14, as the case may be: Provided that a teacher or any member of the Governing Body of a college who is also a legal practitioner shall be entitled to represent himself or the college, as the case may be, in such proceedings. 16. Decision of the Tribunal to be final. - The decision of the Appellate Tribunal shall be final and no suit or proceeding shall lie in any civil court in respect of the matters required to be referred to the said Tribunal. 17. Compensation in case of injury or death of a teacher. - (1) If any personal injury or death is caused to a teacher in the course of discharge of his duties, the Governing Body of the college in which the teacher is employed shall be liable to pay compensation the amount of which will be assessed by such authority and in such manner as may be prescribed. (2) In the case of death of a teacher the compensation shall be payable to his legal heirs. 18. Modification of the existing terms and conditions of service. - The terms and conditions of service of a teacher employed before the commencement of this Act shall, to the extent of any inconsistency with the provisions of this Act or the rules made thereunder, be deemed to have been modified by the said provisions. 19. Special provisions. - The provisions of such Acts or Statutes, Ordinances, Regulations or rules made thereunder as are applicable to a teacher other than that of a Government Sponsored College, and of such rules and orders made by the State Government as are applicable to a teacher of a Government Sponsored College, in respect of selection, appointment, promotion, terms and conditions of service including leave and retirement benefits, shall continue to apply except in so far as they are not repugnant to the provisions of this Act or rules made thereunder. [19A. Act not to apply in relation to certain colleges. - Nothing contained in this Act shall apply in relation to any college established and administered by a minority, whether based on religion or language.] 20. 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 matters which, under any provisions of this Act, are required to be prescribed or to be provided by rules.