GOVERNMENT OF WEST BENGAL
DEPARTMENT OF HIGHER EDUCATION, SCIENCE &
TECHNOLOGY AND BIOTECHNOLOGY
(C. S. BRANCH)
BIKASH BHABAN, SALT LAKE CITY,
No. 171-Edn (CS)/2L-37/2017 Date: 15.02.2018
The West Bengal Universities and Colleges (Administration and Regulation) Act, 2017 has come into effect from 1st April, 2017. The provisions of sub-section (4) of section 10 of the said Act empower the State Government to prescribe the terms and conditions of service of all employees of Government-aided Colleges of West Bengal. Further the provisions of section 22 of the Act have saved all Orders/ Notification/ Rules issued by the State Government which were issued before the enactment of the Act. The provisions of section 21 of the said Act also override any earlier Act which deals with the similar subject matter.
It is now clarified, that the Uniform Leave Rules issued by this Department vide No. 762-Edn (CS) dated 03.12.2008 regulating the leave and related matters of the teachers and other academic staff of Government-aided Colleges are very much effective and there is no need of incorporating the same in the Statutes of the Affiliating Universities, since, the subject matter prescribing terms and conditions of service of the employees of Government-aided Colleges is no longer the subject of the Statutes of the affiliating Universities and the Uniform Leave Rules issued by this Department are in no way inconsistent or contradictory to the provisions of the above mentioned Act.
Hence, in this regard, I am directed to say that all concerned should follow the Uniform Leave Rules prescribed under this Department’s Notification No. 762-Edn (CS) dated 03.12.2009 without insisting on the incorporation of the same in the Statutes/ Ordinances/ Regulations of the affiliating Universities.
In this connection, I am also directed to say that all State-aided Universities having provisions for making Statutes/ Ordinances/ Regulations, for prescribing Leave Rules for employees of affiliated colleges, shall remove the provisions from their Statutes/ Ordinances/ Regulations, as the case may be, by way of amending the same, i.e. Statutes/ Ordinances/ Regulations, as the case may be.
By order of the Governor,
Government of West Bengal