GOVERNMENT OF WEST BENGAL
HIGHER EDUCATION DEPARTMENT
(C. S. BRANCH)
BIKASH BHABAN, SALT LAKE,
KOLKATA – 700 091
No. 885-Edn.(CS)/OM-152L/2012, dated the 17th September, 2015
NOTIFICATION
West Bengal Policy and Guidelines for Setting up Self-financing Degree Colleges in West Bengal
To achieve rapid expansion in the higher education sector and to raise the Gross Enrolment Ratio, the State Government considers it necessary to invite Private/ self-financing sector’s participation in the higher education sector. While the State Government will continue to provide financial support to the higher education sector in the State, its efforts can be supplemented by private investors in the creation of infrastructure and in the dissemination of higher education. Where desirable and feasible, the Public Private Partnership (PPP) mode can also be used for achievement of the targets set.
2. In the recent past, the State has witnessed a rapid growth in the number of self-financing institutes/ colleges offering under-graduate courses in engineering, technology and management, in accordance with the policies of University Grants Commission and statutory bodies such as AICTE, NCTE etc. However, there has not been much private investment in setting up Degree Colleges. One reason for this is the perceived high demand for engineers and technically-qualified persons in the job market, thereby generating a demand for such courses.
3. To attract private investment in the Degree Colleges that have a high ‘market/ employability quotient’ the policy would find a high demand among the private entrepreneurs and the students across the State. Considering the market conditions and socio-cultural milieu of the State, the courses that are known to be in demand are, Journalism, Architecture, B. Ed, Mass Communication, Media Science, Law, Art, Craft, Music, Dance, Drama, Computer Applications, Genetics, Biotech, Molecular Biology, Hospital Administration, Public Health, Event Management Interior Designing, Supply Chain Management, Film Studies, Hospitality Management, Travel and Tourism Management, Advertising, Corporate Communication, Library Science, Public Relations etc. apart from regular under-graduate courses in the sciences and humanities.
4. Accordingly, the State Government considers it necessary to frame this Policy and Guidelines to provide a stable and predictable framework of rules for private investment in setting up degree colleges. The intention of the Policy is to encourage the spread of higher education in under-served mofussil areas away from Kolkata, where significant demand exists for college studies, considering the steady increase in the number of high school pass outs across the State.
5. Short title, extent and commencement:-
(A) The Policy may be called the West Bengal Policy and Guidelines for Setting up Self-financing Degree Colleges in West Bengal.
(B) It shall extend to the whole of the State of West Bengal.
(C) It shall come into effect from the date of its issue.
6. Definitions:-
In this Policy, unless the context otherwise requires,-
(A) “Academic year” in relation to a College comprising a period throughout which academic instruction is being given to the students for a particular year;
(B) “Affiliating University” shall mean the University from which the college obtains affiliation;
(C) “Bar Council of India” means the Bar Council of India, established under the Advocates Act 1961 (25 of 1961);
(D) “Director of Public histruction” means the Director of Public Instruction, West Bengal, as may be appomted by the State Government;
(E) “employee” means a person employed in a non teaching post by the College authority;
(F) “fee” means all fees including tuition fees;
(G) “Higher Education” means the study of a curriculum or a course of study beyond 10+2 level;
(H) “Higher Education Council” means the Council established under sub-section (1) of Section 3 of the West Bengal State Council of Higher Education Act, 2015 (West Ben. Act X of 2015);
(I) “Mmority” means a minority notified under section 2 (f) of the National Commission for Minority Educational Institutions Act, 2004 (2 of 2005);
(J) “National Council for Teacher’s Education” means the Council established under National Council for Teacher’s Education Act, 1993 (73 of 1993);
(K) “National Assessment and Accreditation Council” means the National Assessment and Accreditation Council, Bangalore, an autonomous body established by the University Grants Commission;
(L) “Principal” means the administrative head of the college or of the institution, by whatever name called and duly appointed by the college authority;
(M) “Private College” means the College which is run and administered by a private body not receiving any grants, from the State Government;
(N) “Professional College” means a College imparting course of study leading to any degree, diploma or certificate in Law, Agriculture, Journalism and Mass Communication and such other subjects as may be specified by order;
(O) “Regulatory Body” means –
I. a body established by the Central Government for laying down norms and conditions for ensuring academic standards of higher education in its designated areas of coverage, such as University Grants Commission, Council for Scientific and Industrial Research, Department of Science and Technology, Distance Education Council, National Assessment and Accreditation Council, National Council for Teacher Education, Bar Council of India, Council of Architecture, Rehabilitation Council of India and such other statutory body as may be established by the Central Government for the purpose of imparting higher education; and
II. The State Government of West Bengal in the Higher Education Department;
(P) “Sponsoring Body” in relation to a self-financing College means –
i. a Society registered under the Societies Registration Act, 1860 (21 of 1860) or under the West Bengal Societies Registration Act, 1961 (West Ben. Act XXVI of 1961);
ii. a Public or Charitable Trust established under the Indian Trust Act (2 of 1882); or
iii. a Company registered under section 25 of the Companies Act, 1956 (I of 1956);
(Q) “State Government” means the Government of West Bengal in the Higher Education Department;
(R) “Student” means a person enrolled m the College for taking a course of study leading to a degree, diploma or other academic distinction duly instituted by the affiliating University including a research degree;
(S) “Teacher of the college” means a Professor, Associate Professor, Assistant Professor, or any other person required to impart education or to render guidance m any other form to the students for pursuing a course of study in the College;
(T) “University Grants Commission” shall mean the University Grants Commission established under section 4 of the University Grants Commission Act, 1956 (3 of 1956);
(U) “University” means an educational institution m which instruction is provided for a course of study leading to a Bachelor, Masters or Doctoral degree in any branch of study which is duly constituted and incorporated by an Act of State Legislature.
7. Establishment of new Self-financing College:-
(A) Every new College, proposed and promoted to be established by any Society duly registered under the Societies Registration Act, 1860 (21 of 1860) or under the West Bengal Societies Registration Act, 1961 (West Ben. Act 26 of 1961), or by any Trust duly registered under the Indian Trust Act, 1882 (2 of 1882) or by any Companies duly registered under the Companies Act, 1956, (1 of 1956) or by any Minority, whether based on religion or language, shall require to apply before the State Government, in the Prescribed format and manner for the purpose of obtaining permission for running a College on self financing basis with in the territory of West Bengal.
(B) The applicant shall submit an application containing the proposal and eight copies of the detailed project report (DPR) along with a non refundable application fee of Rs. 1,00,000/- (Rupee one lakh) for fresh applicant and Rs. 50,000/- (Rupee fifty thousand) for applicants who have been running an existing Government-aided college, for establishment of a Self- financing Degree College, to the State Government m the Higher Education Department well in time, i.e. ahead of the academic year from which it proposes to establish such college. The application fees shall be reduced to Rs. 50,000/- (Rupees fifty thousand only) and Rs. 25,000/- (Rupees twenty five thousand only) respectively in case of colleges proposed to be set up in rural areas.
(C) If an existing Government aided College, including erstwhile Government sponsored college, desires to introduce self-financing courses in its existing building, it shall submit an application along with eight copies of detailed project report (DPR) to the State Government in the Higher Education Department well before commencement of the academic year, along with an application fee of Rs. 50,000/- (fifty thousand only). The salaries/ remuneration of teachers and other staffs engaged for such self financing courses shall have to be borne entirely by the college authority and shall not be claimed covered under the pay packet scheme of the State Government.
(D) The State Government shall, for the purpose of giving permission to establish any new College, conduct an enquiry to this effect and, after satisfactory verification of all physical and other requirements, may allow such Colleges to be established within West Bengal.
(E) Every self-financing college as may be established in pursuance of this Policy shall necessarily obtain due affiliation from the University having jurisdiction over the area in which such self-financing college is established, prior to commencement of any course of study.
(F) No applicant shall be permitted to establish a self-financing college unless such applicant is in possession of contiguous landed property having absolute title on it and free from all encumbrances, not less than three acres in case of urban area and five acres in case of rural area:
Provided that in deserving cases, if the State Government deems fit, it may relax these norms considering the location of the proposed self-financing College and factors relating to availability of land, local demand for higher education, nature of courses offered, the credentials of the applicant in the field of education, etc.
(G) Every applicant, including an applicant who desires to establish a college in Kolkata Metropolitan area shall have at least two thousand square meter of constructed/ built up area for the purpose of running the college:
Provided that any existing college applying for starting self-financing courses in pursuance of this Policy shall have to augment their existing built-up area and other infrastructural requirements including faculty etc. commensurate with statutory requirements:
Provided further that the requirements referred to in this clause shall not be applicable if the college concerned is proposed for running such self-financing course in the same infrastructure in a different shift.
8. Constitution of a Committee by the State Government for examination of the application:-
(A) On receipt of an application containing a proposal for setting up a new self-financing Degree College along with eight copies of the detailed project report along with required application fees, the State Government shall constitute a committee, with such terms of reference as may be necessary, to examine the proposal and the detailed project report.
(B) The committee shall consist of members with representation from-
(i) the Higher Education Department,
(ii) the Education Directorate,
(iii) the West Bengal State Council of Higher Education,
(iv) the University having jurisdiction, and
(v) the District Administration having jurisdiction.
(C) The State Government may include m the committee such other members having expertise in financial and legal matters as it considers necessary.
(D) The committee shall examine the application and the detailed project report, visit the location of the proposed college and may call for additional information from the applicant and/ or take a hearing.
(E) The committee will specially look into the following points:-
(i) Strength of the applicant, land and infrastructure in his possession and its capacity to establish and run such college;
(ii) Background of the applicant, its expertise and experience in the field of education, its general reputation and its readiness to comply with the norms of the regulatory bodies;
(iii) Financial soundness of the applicant and its ability to set up the required infrastructure for such college as well as estimated income and expenditure for the first five years of the proposed college;
(iv) Proposed fee structure including admission fee, registration fee, tuition fee, development fee, boarding fee etc. of the proposed college;
(v) Suitability of the proposed courses of study in the context of the need for human resource development in the present scenario including emerging branches of learning.
(F) While examining the application, the Committee shall consider factors like number of higher secondary school of the vicinity, including number of students passing out annually; number of colleges situated within five kilometers of the proposed college and such other relevant factors and the same shall be mentioned in their report.
(G) The committee shall submit its report to the State Government within a period of one month from the date of its constitution.
Explanation – While computing the period of one month, the period commencing from the date on which requisition for any information is issued and ending on the date on which requisite information is submitted to the committee shall be excluded.
(H) On receipt of the satisfactory report of the committee, the State Government may issue a Letter of Intent (LOI) to the applicant and allow twelve months tune from the date of issuing LOI for compliance of the necessary requirements for running the proposed college:
Provided that the State Government may, in its discretion, extend the time for compliance for further six months.
Provided further that mere issuance of the Letter of Intent shall not be treated as final approval and shall not confer any right upon the applicant for starting academic activities or the admission process in the proposed college.
9. Decision of the State Government in respect of the proposal and issue of Letter of Intent:-
(A) On the basis of the report of the enquiry committee, the State Government may require further information from the applicant directly to arrive at a decision.
(B) If the State Government is not satisfied, it shall inform the applicant within two months from the date of receipt of the report of the Committee that their proposal has been rejected along with reasons there for.
(C) If the State Government is satisfied that it is advisable to establish the proposed college, it may issue a Letter of Intent (LOI) and ask the applicant for compliance of conditions prior to such permission.
(D) The Letter of Intent shall call for compliance of the following terms and conditions by the applicant:-
(i) establishment of an endowment fund of Rs. 20,00,000/- (Rupees twenty lakh) and in case of rural areas Rs. 15,00,000/- (Rupees fifteen lakh) for the proposed college m a Nationalized Bank which will be kept as reserve fund for development of the college;
(ii) ownership or settlement of land (minimum five or three acres as the case may be) in favour of the proposed college;
(iii) a minimum 2,000 sq. meters of covered ^uilt-up space for carrying on administrative and academic functions at the beginning;
(iv) purchase of books and journals of at least Rs. 5,00,000/- (Rupees five lakh) or as per the norms of regulating bodies, whichever is higher and submit an affidavit in non-judicial stamp paper of Rs.lO/- to invest within first five years not less than Rs. 10,00,000/- (Rupees ten lakh) or as per the norms of regulating bodies, whichever is higher on books, journals, library networking and other facilities in the library;
(v) purchase of equipments, computers, furniture and other infrastructural facilities other than building worth Rs. 10,00,000/- (Rupees ten lakh) or as per the norms of regulator bodies, whichever is higher and submit an affidavit in non-judicial stamp paper of Rs.lO/- to invest within first five years not less than Rs.25,00,000/- (Rupees twenty five lakh) or as per the norms of regulatory bodies, whichever is higher on equipments, computers, furniture and other infrastructural facilities other than building;
(vi) submit an affidavit in non-judicial stamp paper of Rs. 10/- to the effect that the proposed college shall comply with the provisions of the Act, Rules, Statutes, Ordinances and Regulations of the State Government, affiliating University and UGC or any other regulatory body in the matter of appointment of Principal and full-time teachers of the college, their pay and allowances, provident fund and other welfare programmes etc.;
(vii) submit an affidavit in non-judicial stamp paper of Rs. 10/- for complying with all other conditions as may be prescribed by the Act, Rules, Statutes, Ordinances and Regulations of the State Government, affiliating University and UGC or any other regulatory body as may be amended from time to time.
10. Compliance of conditions of Letter of Intent by the applicant and issue of “No Objection Certificate” by the State Government:-
(A) After compliance of the conditions as stated in the Letter of Intent, the applicant shall submit a compliance report to the State Government within a maximum period of twelve months from the date of issue of the Letter of intent.
(B) On receiving the compliance report, the State Government shall satisfy itself about the compliance of all such conditions by causing a further inspection of the land, building and infrastructural facilities buildup for the proposed college and by verifying such necessary papers /documents which may be considered necessary.
(C) On being satisfied about compliance of all terms and conditions, the State Government shall issue a direction to the applicant to pledge a security deposit, within one month, m the name of the Higher Education Department, through a fixed deposit of Rs. 10, 00,000/- (Rupees ten lakhs) and in case of rural areas Rs.7, 00,000/- (Rupees seven lakh) to be kept as security deposit in a Nationalized Bank.
(D) The fund shall be used as security deposit to ensure that the self-financing under Graduate Degree College functions as per provisions of the Act, Statues, Ordinances and Regulations of the State Government, affiliating University and UGC or any other regulatory body.
(E) The Government shall have the powers to forfeit the security deposit in case the college contravenes or violates any of the provisions of the Act, Statues, Ordinances and Regulations of the State Government, affiliating .University and UGC or any other Regulatory body or for any act that jeopardizes the interest of the students.
(F) After the security fund is deposited by the applicant, the State Government in the Higher Education Department shall immediately issue “No Objection Certificate” to the applicant for setting up the proposed Self-financing Under Graduate Degree College with a copy to the Chairman of West Bengal State Council of Higher Education, the Vice Chancellor of University having jurisdiction, and the concerned District Magistrate for information and taking necessary action.
(G) On receipt of “No Objection Certificate” from the State Government, the applicant will be required to apply