GOVERNMENT OF WEST BENGAL
School Education Department
Bikash Bhavan, Salt Lake, Kolkata-700 091
No. 213-SE/S/10M-01/18 dated Kolkata, the 8th March, 2018
WHEREAS the draft notification to frame the West Bengal Board of Secondary Education (Requirement of Verification of Antecedents and Examination of Medical Fitness for Appointment in the Posts of Teachers and Non-teaching Staff) Rules, 2018, was published as required by sub-section (1) of section 45 of the West Bengal Board of Secondary Education Act, 1963 (West Ben. Act V of 1963) (hereinafter referred to as the said Act), vide notification No. 986-SE/S/1A-10/2017, in the Kolkata Gazette, Extraordinary, PART I, dated the 10th November, 2017, inviting objections and suggestions from all persons likely to be affected thereby, within thirty days from the date of its publication;
AND WHEREAS some objections and suggestions were received from all persons likely to be affected thereby within the given period;
AND WHEREAS all such objections and suggestions have been considered by the State Government;
NOW, THEREFORE, in exercise of the power conferred by sub-section (1), and clauses (d) and (o) of sub-section (2) of section 45, read with clause (j) of sub-section (2) of section 27, of the said Act, the Governor is pleased hereby to make, with immediate effect, the following rules namely:-
1. Short title and commencement
(1) These rules may be called the West Bengal Board of Secondary Education (Requirement of Verification of Antecedents and Examination of Medical Fitness for Appointment in the Posts of Teachers and Non-teaching Staff) Rules, 2018.
(2) They shall come into force from the date of their publication in the Kolkata Gazette.
(1) In these rules, unless there is anything repugnant to the context,-
(a) “institution” refers to a school as defined in clause (n) of section 2 of the West Bengal School Service Commission Act, 1997 (West Ben. Act IV of 1997) and the expression “Head of institution” shall have the same meaning as defined in clause (g) of the said Act;
(b) “teacher” means an Assistant Teacher or any other person appointed to a teaching post in an institution on the recommendation of the West Bengal School Service Commission;
(c) “non-teaching Staff”includes a Librarian, Clerk or any Group D employee, other than a Teacher of an Institution appointed on the recommendation of the West Bengal School Service Commission.
(2) Words and expressions used and not defined in these rules, but defined in the Act, shall have the same meanings as respectively assigned to them in the said Act.
3. Police verification report
(1) Before appointment in the post of a teacher or non-teaching staff, the appointing authority shall verify the character and antecedents of the concerned teacher or non-teaching staff through the Superintendent of Police or Commissioner of Police of the Commissionerate in case of district and through the Joint Commissioner of Police, Special Branch, Kolkata, in case of Kolkata.
(2) Before appointment of teacher or non-teaching staff, the appointing authority shall obtain from him or her duly filled in Verification Roll in Form – I and send it to the respective police authorities for verification.
(3) The verification report shall be considered by the appointing authority before appointment of the concerned teacher or non-teaching staff.
4. Medical Certificate of fitness
The appointing authority before giving appointment shall obtain the medical certificate of fitness in the format mentioned in Form – II in respect of Teacher or non-Teaching staff issued from the District Medical Officer or such other medical officers below the District Medical Officers as the State Government may, by order, prescribe from time to time, or from the Presidency Surgeons as are specially authorised to grant such certificates. The fees for Medical Examination shall be borne by the candidate himself.
5. Appointment letter
The appointment letter shall be issued by the Board upon satisfactory Police Verification Report (PVR) and medical certificate of fitness of the competent authority and a copy of PVR and medical certificate of fitness shall be forwarded to the concerned Head of Institution.
6. Recording in Service Book
The Head of the institution shall, after receiving of PVR and medical certificate of fitness and joining of the teacher or non-teaching staff concerned, record the satisfactory Police Verification Report and medical report in the Service Book of the concerned teacher or non-teaching Staff.
7. Interpretation and Relaxation
If any question arises relating to the interpretation of any provision of these rules, such question shall be referred to the Government and the decision of the Government thereon shall be final. Nothing in these rules shall be construed to limit or abridge the power of the Governor to dispense with or relax the requirement of any of these rules to such extent and subject to such conditions as may be considered necessary for dealing with a case or cases in a just and equitable manner.
By order of the Governor,
Sd/- D. NARIALA
Principal Secretary to the
Government of West Bengal
No. 213-SE dated 08.03.2018, Source