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Section 9

The West Bengal College Teachers ( Security Of Service ) Act, 1975State Act of West Bengal · Act 36 of 1975

(1) The following penalties may, for good and sufficient reasons Penalty.

and in the manner prescribed, be imposed on a teacher by the Governing Body of a college, namely:—

(i) censure;

(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;

(iv) suspension;

(v) compulsory retirement;

Probation 175 The West Bengal College Teachers (Security of Service) Act, 1975.

[West Ben. Act (Sections 10, 11.)

Communication of order imposing penalty.

Suspension of teacher.

(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) of clause (vii) of subsection (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. An order of the Governing Body of a college imposing any of the penalties referred to in sub-section (I) of section 9 shall be communicated to the teacher concerned and shall also he reported to the University to which such college is affiliated.

H. (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 percent. 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.

176 The West Bengal College Teachers (Security of Service) Act, 1975.

XXXV I of 1975.]

(Sections 12-16.)

Where this provision sits

ActThe West Bengal College Teachers ( Security Of Service ) Act, 1975
Section9
JurisdictionState of West Bengal
StatusIn force as published by the source

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