The West Bengal School Service Commission Act, 1997

West Bengal Act IV of 1997

1st April, 1997

An Act to provide for the constitution of Regional School Service Commissions and a Central School Service Commission in West Bengal and for matters connected therewith or incidental thereto.

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S.3 Constitution of Commission

(1) The State Government shall, with effect from such date as it may, by notification, appoint, constitute—

• (a) a Central Commission by the name of the West Bengal Central School Service Commission, and
• (b) a Regional Commission by the name of the West Bengal Regional School Service Commission, in respect of each of the regions referred to in sub-section (2).

(2) For the purposes of clause (b) of sub-section (1), the territory of the State of West Bengal shall comprise four regions to be called the Eastern Region, the Southern Region, the Western Region and the Northern Region; each such region shall comprise such district or districts or part of a district as the State Government may, by notification, determine, and the territorial jurisdiction of a Regional Commission shall be construed accordingly.

Explanation I.—Calcutta as defined in clause (9) of section 2 of the Calcutta Municipal Corporation Act, 1980, shall, for the purposes of th

S.4 Appointment and terms and conditions of service of members

(1) (a) The Chairman and other members shall be appointed by the State Government.

(b) The Chairman and other members shall hold office for a term of four years:

Provided that a person who has held office as Chairman or other member shall, on the expiration of the term of his office, be eligible for further appointment as Chairman or other member:

Provided further that no person who has attained the age of sixty-two years shall be eligible to hold office as Chairman or other member.

(2) If the office of the Chairman or any other member becomes vacant by reason of resignation or otherwise or if the Chairman is, by reason of absence or for any other reason, unable to perform the duties of his office, then, until a Chairman or other member is appointed under sub-section (1) or until the Chairman resumes his duties, as the case may be, the duties of the Chairman or other member, as the case may be, shall be performed by such other member as the State Governm

S.5 Removal of member

The State Government may, after making inquiry in such manner as may be prescribed, remove the Chairman or any other member from his office on the ground of—

• (a) misconduct involving moral turpitude, or
• (b) insolvency, or
• (c) infirmity of body or mind.

S.6 Staff of Commission

(1) The staff of the Commission shall consist of—

• (a) a Secretary who shall be appointed by the State Government, and
• (b) such other employees as the Commission may, with the previous approval of the State Government, appoint from time to time.

(2) The salary of the Secretary and of the other employees of the Commission shall be such as may be determined by the State Government.

(3) The other terms and conditions of service—

• (a) of the Secretary shall be such as may be prescribed, and
• (b) of the other employees of the Commission shall be such as may be provided for by regulations.

S.7 Functions of Regional Commission

Notwithstanding anything contained in any other law for the time being in force or in any contract, custom or usage to the contrary, it shall be the duty of the Regional Commission to select persons for appointment to the posts of Teachers in schools within its territorial jurisdiction.

S.8 Manner and scope of selection of persons and procedure for conduct of business of Commission

(1) The manner and scope of selection of persons for appointment to the posts of Teachers shall be such as may be prescribed.

(2) The procedure for the conduct of business of the Commission shall be such as may be provided for by regulations.

S.9 Effect of recommendation of Commission

(1) Notwithstanding anything contained in any other law for the time being in force or in any contract, custom or usage to the contrary, appointments to the posts of Teachers in a school shall be made by the managing committee, by whatever name called, or by the ad hoc committee, or by the administrator, if any (where there is no managing committee), of that school on the recommendation of the Regional Commission having jurisdiction.

(2) Any appointment of a Teacher made on or after the commencement of this Act in contravention of the provisions of this Act shall be invalid and shall have no effect and the Teacher so appointed shall not be a Teacher within the meaning of clause (p) of section 2.

S.10 Protection of Teachers

Notwithstanding anything contained elsewhere in this Act, the terms and conditions of service of Teachers in the employment of a school immediately before the commencement of this Act shall not be varied to the disadvantage of such Teachers in so far as such terms and conditions relate to the appointment of such Teachers to the posts held by them immediately before the commencement of this Act.

S.11 Power of Commission to call for records etc.

The Commission may call for any record, report or other information from any school or the Board or the Council or the Board of Madrasah if, in its opinion, such record, report or other information is necessary for efficient discharge of its functions, and the school or the Board or the Council or the Board of Madrasah, as the case may be, shall furnish such record, report or other information to the Commission.

S.12 Report of Central Commission

It shall be the duty of the Central Commission to present annually to the State Government a report as to the work done by the Central Commission and each Regional Commission and, on receipt of such report, the State Government shall cause a copy thereof to be laid before the State Legislature.

S.13 Members etc. to be public servants

The Chairman and other members and persons appointed under this Act shall, while acting or purporting to act under this Act, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code8.

8. 45 of 1860.

S.14 Validation

The proceedings of the Commission shall not be invalid by reason of any vacancy in the office of the Chairman or any other member.

S.15 Act not to apply in relation to certain schools

The provisions of this Act shall not apply to—

• (a) a school established and administered by a minority, whether based on religion or language, or
• (b) a school under any trust, established and administered by a minority, whether based on religion or language, or
• (c) a school not in receipt of any financial assistance from the State Government, or
• (d) a school in receipt of a financial assistance from the State Government towards dearness allowance only of Teachers of such school, or
• (e) a Government school.

Explanation.—"Government school" shall mean a school maintained and managed by the State Government or the Government of India or the Railway Board under the Ministry of Railway, Government of India.

S.16 Functions of Central Commission

(1) The Central Commission shall monitor, supervise, control and co-ordinate the activities of the Regional Commission which shall be subordinate to the Central Commission.

(2) The Central Commission may call for any record, report or other information from a Regional Commission if, in the opinion of the Central Commission, such record, report or other information is necessary for efficient discharge of its functions, and the Regional Commission shall furnish such record, report or other information to the Central Commission.

(3) It shall be the duty of the Central Commission to advise the State Government on such matters as may be referred to it by the State Government.

S.17 Power to make rules

(1) The State Government may, by notification, 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 following matters:—

• (a) the terms and conditions of service of the Chairman and other members under clause (c) of sub-section (4) of section 4;
• (b) the manner in which an inquiry is to be made for removal of the Chairman or any other member under section 5;
• (c) the terms and conditions of service of the Secretary under clause (a) of sub-section (3) of section 6;
• (d) the manner and scope of selection of persons for appointment to the posts of Teachers under sub-section (1) of section 8;
• (e) any other matter which may be, or is required to be, prescribed.

S.18 Power to make regulations

(1) The Central Commission may, with the previous approval of the State Government, make regulations, not inconsistent with the provisions of this Act or the rules made thereunder, for discharging the functions of the Commission under this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters:—

• (a) the terms and conditions of service of the employees of the Commission under clause (b) of sub-section (3) of section 6;
• (b) the procedure for the conduct of business of the Commission under sub-section (2) of section 8.

S.19 Directions by State Government

In the discharge of its functions the Commission shall be guided by such directions as may be given to it by the State Government from time to time in conformity with the provisions of this Act.

S.20 Dissolution of Commission

(1) If the State Government is of the opinion that the Commission has failed to discharge its functions under this Act in accordance with the provisions of this Act, the State Government may, by an order published in the Official Gazette, and stating the reasons therefor, dissolve the Commission with effect from such date as may be specified in the order.

(2) Upon the dissolution of the Commission under sub-section (1), all the members of the Commission shall be deemed to have vacated their respective offices with effect from the date of such dissolution.

(3) The State Government may, at any time after the dissolution of the Commission under sub-section (1), reconstitute the Commission in accordance with the provisions of this Act.

S.21 Repeal

The West Bengal School Service Commission Ordinance, 1995, is hereby repealed.

S.1 Short title and commencement

(1) This Act may be called the West Bengal School Service Commission (Second Amendment) Act, 2017.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

S.2 Amendment of section 4 of West Ben. Act IV of 1997

In section 4 of the West Bengal School Service Commission Act, 1997,—

• (1) in the second proviso of sub-section 1(b), for the words "sixty-two years", the words "sixty-eight years" shall be substituted;
• (2) in sub-section (1A), for the words "sixty-two years", the words "sixty-eight years" shall be substituted.