The West Bengal Administrative ( Adjudication Of School Disputes ) Commission Act, 2008

Registered No. WB/SC-247 	 No. WB(Part-III)/2011/SAR-15 
icalkata (6a3tttt 
Extraordinary 
Published by Authority 
PAUSA 8] 	 THURSDAY, DECEMBER 29, 2011 	 [SAKA 1933 
PART III—Acts of the West Bengal Legislature. 
GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
NOTIFICATION 
No. 1526-L.-29th December, 2011.—The following Act of the West Bengal Legislature, having been assented 
to by the President of India, is hereby published for general information:— 
West Bengal Act XXXIV of 2008 
THE WEST BENGAL ADMINISTRATIVE (ADJUDICATION OF 
SCHOOL DISPUTES) COMMISSION ACT, 2008. 
CONTENTS 
CHAPTER I 
Preliminary 
Section. 
1. Short title and commencement. 
2. Definitions. 
CHAPTER II 
Establishment and Composition of Commission 
3. Establishment of Commission. 
4. Members of Commission. 
5. Qualifications for appointment of Chairperson and other Members. 
2 	
THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 29, 2011 	 [PART HI 
The West Bengal Administrative (Adjudication of 
School Disputes) Commission Act, 2008. 
Section. 
6. Term of office of Members. 
7. Salaries and allowances and other terms and conditions of service of Chair- 
person and other Members. 
8. Disqualifications. 
9. Resignation, etc. of Members. 
10. Staff of Commission. 
11. Administrative Superintendence over Benches. 
CHAP 1ER III 
Jurisdiction and Powers of Commission 
12. The State Acts to which this Act shall apply. 
13. Jurisdiction of Commission. 
14. Powers of Commission. 
15. Power to visit and inspect schools. 
16. Court of record. 
17. Every person and civil authority to abide by judgement and order. 
CHAPTER IV 
Proceedings of Commission 
18. Persons who may make petitions and present cases. 
19. Societies aid Trade Unions to make petitions. 
20. Petitions to Commission. 
21. Service of notices, etc. 
22. Procedure. 
23. No adjournment. 
24. Judgments or orders not to be reserved for more than one month. 
25. Correction of judgments and orders. 
26. Clarification of judgments and orders. 
27. Rooms or places of proceedings to be open courts. 
28. Manner of adjudicating school disputes. 
29. Bar to jurisdiction of civil courts. 
30. No suit, appeal or other proceeding to stand, or be, transferred to Commission. 
31. Appeals. 
32. Validation. 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 29, 2011 	 3 
The West Bengal Administrative (Adjudication of 
School Disputes) Commission Act, 2008. 
CHAPTER V 
Finance and Audit 
Section. 
33. Accounts and audit. 
34. Financial powers of Chairperson. 
CHAPTER VI 
Miscellaneous 
35. Members, officers and employees of Commission to be public servant. 
36. Protection of actions taken in good faith. 
37. Act to have overriding effect. 
38. Power to make rules. 
39. Power to make regulations. 
40. Power to remove difficulties. 
SCHEDULE. 
4 	
THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 29, 2011 	 [PART III 
THE WEST BENGAL ADMINISTRATIVE (ADJUDICATION OF 
SCHOOL DISPUTES) COMMISSION ACT, 2008. 
[Assent of the President of India was first published in the Kolkata Gazette, 
Extraordinary, of the 29th December, 2011.] 
An Act to provide for establishment of the West Bengal Administrative 
(Adjudication of School Disputes) Commission for better protection of the rights of 
teachers and non-teaching staff of the schools in the State and for efficient disposal 
of the school disputes and for matters connected therewith or incidental thereto. 
WHEREAS it is expedient to provide for establishment of the West Bengal 
Administrative (Adjudication of School Disputes) Commission for better protection 
of the rights of teachers and other non-teaching staff of the schools in the State and 
for efficient disposal of the school disputes and for matters connected therewith or 
incidental thereto; 
It is hereby enacted in the Fifty-ninth Year of the Republic of India, by the 
Legislature of West Bengal, as follows:— 
CHAPTER I 
Preliminary 
1. (1) This Act may be called the West Bengal Administrative (Adjudication 
of School Disputes) Commission Act, 2008. 
(2) It shall come into force on such date as the State Government may, by 
notification, appoint. 
2. In this Act, unless the context otherwise requires,— 
(a) "Administrative Member" means a Member of the Commission ap-
pointed as such under section 5; 
(b) "Bench" means a Bench of the Commission; 
(c) "Chairperson" means the Chairperson of the Commission; 
(d) "Commission" means the West Bengal Administrative (Adjudication of 
School Disputes) Commission established under section 3; 
(e) "Legal Member" means a Member of the Commission appointed as such 
under section 5; 
(f) "Member" means a Member of the Commission and includes the Chair-
person; 
(g) "notification" means a notification published in the Official Gazette; 
(h) "prescribed" means prescribed by rules made under this Act; 
(i) "school" means— 
(a) a school as recognized under the State Acts but does not include 
a Government School; 
(b) an unaided 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; 
(j) "school authority", in relation to a school, means the governing body, 
managing committee or ad hoc committee or any other body, by whatever 
name it is called, which is charged with the management of the affairs 
of the school, and includes the administrator of the school; 
Short title and 
commencement. 
Definitions. 
MM 1 
PART IIIj 
	 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 29, 2011 
	 5 
The West Bengal Administrative (Adjudication of 
School Disputes) Commission Act, 2008. 
(Chapter 11.—Establishment and Composition of Commission.—Sections 3, 4.) 
(k) "school disputes" means all disputes relating to— 
(i) determination of strength of teaching staff and of non-teaching 
staff, 
(ii) inquiry or inspection, 
(iii) funds, 
(iv) service matters of a person in a school, 
(v) sanction of additional post, 
(vi) selection of site for setting up of a school, 
(vii) any contract under which any person is appointed to any post, 
(viii) payment of compensation to any person appointed to any post, 
(ix) any other matter which may be prescribed, 
of a school and includes all disputes relating to setting up of a new school 
and upgradation of an existing school. 
Explanation.—For the purposes of this clause, "service matter", 
in relation to service of a person in a school, means any matter relating 
to— 
Establishment of 
Commission. 
Members of 
Commission. 
(i) recruitment, 
(ii) appointment, 
(iii) approval of post, 
(iv) pay, remuneration (including allowances), pay fixation, pension 
and other retirement benefits, 
(v) posting of service, 
(vi) tenure, seniority, reversion, premature retirement and superan-
nuation, 
(vii) leave of any kind, 
(viii) disciplinary matters, or 
(ix) any other matter which may be prescribed; 
(1) "society" means a society within the meaning of the Societies Registra-
tion Act, 1860 or under any corresponding law for the time being in force 
in the State; 
(m) "specified" means specified by the regulations made under this Act; 
(n) "specified State Act" means a State Act specified in the Schedule; 
(o) "State Government" means the Government of West Bengal; 
(p) "Trade Union" means a Trade Union as defined in clause (h) of section 
2 of the Trade Unions Act, 1926. 
CHAPTER II 
Establishment and Composition of Commission 
3. The State Government shall, by notification, establish, from such date as 
may be appointed in such notification, a Commission called the West Bengal Adminis-
trative (Adjudication of School Disputes) Commission. 
4. (1) The Commission shall consist of the Chairperson and not less than one 
Legal Member and one Administrative Member: 
Provided that the number of Administrative Members shall not, at any time, be 
more than the number of Legal Members. 
21 of 1860. 
16 of 1926. 
6 	 THE KOLKATA GA/I-  TTE, EXTRAORDINARY, DECEMBER 29, 2011 	 [PART III 
The West Bengal Administrative (Adjudication of 
School Disputes) Commission Act, 2008. 
(Chapter 11.—Establishment and Composition of Commission.—Section 5.) 
(2) The principal seat of the Commission shall be at Kolkata. 
(3) The Chairperson shall be the Chief Executive of the Commission and ordinarily 
sit at the principal seat of the Commission. 
(4) Subject to provisions of this Act,— 
(a) the jurisdiction and power of the Commission in the matter of adjudication 
of a school dispute may be exercised by a Bench; 
(b) a Bench may be constituted by the Chairperson with two or more Members 
of the Commission as the Chairperson may deem fit: 
Provided that the number of Administrative Members in a Bench 
shall not, at any time, be more than the number of Legal Members in 
the Bench; 
(c) the Benches shall sit at the principal seat of the Commission or at such 
other places as the State Government may, in consultation with the 
Chairperson, notify; 
(d) the State Government shall notify the areas in relation to which a Bench 
may exercise jurisdiction. 
(5) Notwithstanding anything contained in sub-section (4), the Chairperson may 
transfer a Member from one Bench to another Bench. 
Qualifications for 
appointment of 
Chairperson and 
other Members. 
5. (1) A person shall not be qualified for appointment as the Chairperson unless 
he is qualified to be, or is, or has been, a Judge of a High Court. 
(2) A person shall not be qualified for appointment as a Legal Member unless 
he— 
(a) has completed the age of forty years; 
(b) possess a degree in law from a university established by, or recognised 
under, law; 
(c) is, or has been, holding a post, requiring special knowledge of law, under 
the Government of West Bengal for at least ten years and is of a rank 
not below than that of a Special Secretary to the Government of West 
Bengal; 
(d) is a person against whom no disciplinary proceeding is pending. 
(3) A person shall not be qualified for appointment as an Administrative Member 
unless he— 
(a) has completed the age of forty years; 
(b) possess a degree from a university established by, or recognised under, 
law; 
(c) has been associated with addressing/administering matters relating to the 
social sector particularly Education and is of a rank not below than that 
of a Special Secretary to the Government of West Bengal; 
(d) is a person against whom no disciplinary proceeding is pending. 
(4) The Chairperson shall be appointed by the Governor in consultation with the 
Chief Justice of the High Court. 
(5) A Member other than the Chairperson shall be appointed by the Governor on 
the recommendation of the Selection Committee consisting of— 
(a) the Chairperson; 
(b) the Secretary, Law Department, Government of West Bengal; 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 29, 2011 	 7 
Term of office of 
Members. 
Salaries and 
allowances and 
other terms and 
conditions of 
service of 
Chairperson and 
other Members. 
Disqualifications. 
Resignation, etc. 
of Members. 
The West Bengal Administrative (Adjudication of 
School Disputes) Commission Act, 2008. 
(Chapter IL—Establishment and Composition of Commission.—Sections 6-9.) 
(c) the Secretary, School Education Department, Government of West 
Bengal. 
Explanation.—For the purposes of this sub-section, "Secretary" 
includes the officer who may, for the time being in force, be discharging 
the functions of the Secretary. 
6. ( 1) Subject to the provisions of section 8,— 
(a) the Chairperson shall hold office for a term of five years or until he attains 
the age of sixty-five years, whichever is earlier; 
(b) a Member other than the Chairperson shall hold office for a term of 
five years or until he attains the age of sixty-two years, whichever is 
earlier. 
(2) (a) The Chairperson shall be eligible for re-appointment for another term of 
five years or until he attains the age of sixty-five years, whichever is earlier, and such 
re-appointment shall be made in the same manner as provided in sub-section (4) of 
section 5. 
(b) A Member other than the Chairperson shall be eligible for re-appointment for 
another term of five years or until he attains the age of sixty-two years, whichever 
is earlier, and such re-appointment shall be made in the same manner as provided in 
sub-section (5) of section 5. 
7. The salaries and allowances payable to, and the other terms and condi-
tions of service of, the Chairperson and other Members shall be such as may be 
prescribed: 
Provided that the salary or any allowance payable to, or any other term or condition 
of service of, any Member shall not be less than that payable to, or of, a Special 
Secretary to the Government of West Bengal: 
Provided further that the salary or any allowance payable to, or any other term 
or condition of service of, any Member shall not, after his appointment as such, be 
varied to his disadvantage. 
8. - A person shall be disqualified for being appointed as, or holding the office 
of, a Member, if he— 
(a) has been convicted and sentenced to imprisonment for an offence which, 
in the opinion of the State Government, involves moral turpitude; 
(b) is an undischarged insolvent; 
(c) is of unsound mind and stands so declared by a competent court; 
(d) has been removed or dismissed from the service of the Government or 
a body corporate owned or controlled by the Government; 
(e) is not a citizen of India, or has voluntarily acquired the citizenship of a 
foreign State, or is under any acknowledgement of allegiance or adherence 
to a foreign State; or 
(f) has any other disqualification as may, in consultation with the Chairperson, 
be prescribed. 
9. (1) The Member may, by giving in writing a notice of not less than three 
months under his hand addressed to the Governor, resign his office, and, on such 
resignation being accepted, his office shall become vacant and may be filled up by 
a fresh appointment. 
8 	
THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 29, 2011 	 [PART III 
The West Bengal Administrative (Adjudication of 
School Disputes) Commission Act, 2008. 
(Chapter II.—Establishment and Composition of Commission.—Sections 10, 11.— 
Chapter 11L—Jurisdiction and Powers of Commission.—Section 12.) 
(2) A Member who has become disqualified to hold his office on any of the 
grounds mentioned in clauses (a) to (f) of section 8 shall, by writing under his hand 
addressed to the Governor, inform the fact and on the fact being so informed, his office 
shall stand vacant and may be filled up by a fresh appointment; and where the Member 
fails so to inform the fact, he may, after an inquiry made by a Judge of the High Court 
in which the Member has been informed of the ground and given a reasonable 
opportunity of being heard in respect of the ground, be declared to have become 
disqualified and, on the declaration being so made, his office shall stand vacant and 
may be filled up by a fresh appointment. 
(3) No Member shall be removed from his office except on the ground of proved 
misbehaviour or incapacity after an enquiry made by a Judge of the High Court in 
which the Member has been informed of the charges against him and given a reasonable 
opportunity of being heard in respect of those charges. 
(4) No removal referred to in sub-section (3) shall be made except by an order 
in writing made by the Governor. 
(5) The State Government may, in consultation with the Chairperson, prescribe 
the procedure for inquiry into the disqualification of a Member to hold his office or 
the misbehaviour or incapacity of a Member. 
Administrative 
superintendence 
over Benches. 
10. (1) (a) The Commission may appoint on transfer on deputation a Registrar 
from amongst the members of the West Bengal Legal Service who have put in at least 
eight years' continuous service in the cadre of West Bengal Legal Service. 
(b) The Registrar shall have overall control over the secretarial jobs of the 
adjudicative functions of the Commission and shall perform such other functions as 
may be specified. 
(c) The salaries and other allowances payable to, and the other terms and conditions 
of service of, the Registrar of the Commission shall be such as may, with the approval 
of the State Government, be specified. 
(2) (a) The Commission may, with the approval of the State Government, determine 
the numbers and categories of officers and other employees of the Commission. 
(b) The recruitment of, salaries and other allowances payable to, and the other 
terms and conditions of service of, the officers and other employees of the Commission 
shall be regulated in such manner as the Commission may, with the approval of the 
State Government, specify. 
11. The Chairperson shall have administrative superintendence over all the 
Benches. 
Staff of 
Commission 
CHAPTER III 
Jurisdiction and Powers of Commission 
The State Acts to 
which this Act 
shall apply. 
12. (1) This Act shall apply to every specified State Act with effect from such 
date as the State Government may, by notification, appoint, and the Commission, save 
as otherwise expressly provided under such specified State Act and subject to other 
provisions of this Act, shall exercise jurisdiction, powers and authority in relation to 
all matters of adjudication or trial of any school disputes and the matters connected 
therewith or incidental thereto; and no civil court shall, with effect from such date, 
exercise any jurisdiction, powers or authority in the matter of adjudication or trial of 
any school disputes. 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 29, 2011 	 9 
The West Bengal Administrative (Adjudication of 
School Disputes) Commission Act, 2008. 
(Chapter 111.—Jurisdiction and Powers of Commission.—Sections 13-15.) 
(2) Notwithstanding anything contained elsewhere in this Act, all proceedings 
triable by any court or courts in accordance with the provisions of the Code of 2 of 1974.  
Criminal Procedure, 1973, shall continue to be tried by such court, and the Commission 
shall have no jurisdiction to try such proceedings. 
Power to visit and 
inspect schools. 
13. (1) Save as otherwise expressly provided in this Act, the Commission shall 
have jurisdiction to adjudicate a school dispute and make order to a person directing 
redressal of the school dispute. 
(2) In particular and without prejudice to the generality of the provision of sub-
section (1), the Commission shall, in adjudicating the school dispute, have jurisdiction 
to declare that— 
(i) a law or an instrument, statutory or otherwise, or an act has or shall have 
such effect or no such effect, 
(ii) a party has or shall have such right or duty or no such right or duty, and 
(iii) an act has or shall have such effect or no such effect, 
subject to such conditions and restrictions, if any, as may be mentioned in the 
judgment: 
Provided that where the matter relates to disposal of question of constitu-
tional validity of any provision of any specified State Act, the matter shall be 
decided by a Bench constituted of at least three Members of which the Chairman 
shall be one. 
(3) The Commission shall, in making order for redressal of the school dispute, 
have jurisdiction to make order to the person directing him to pay such cost, compensation 
and interest, if any, as may be mentioned in the order. 
14. (1) The Commission shall, while adjudicating a dispute, have the same powers 
as are vested in a civil court under the Code of Civil Procedure, 1908, in the following 
matters:— 
(a) summoning and enforcing the attendance of any person and examining 
the person on oath; 
(b) discovery and production of any document or material producible as 
evidence; 
(c) receiving evidence on affidavit; 
(d) issuing commission for examination of any person; 
(e) requisitioning any public record; 
(f) reviewing any decision or order; 
(g) any other matter which may be prescribed. 
(2) Every proceeding before the Commission shall be deemed to be a judicial 
proceeding within the meaning of sections 172 to 188, 193 to 196, 199, 200, 205, 211, 
228, 463, 471, 475 and 476 of the Indian Penal Code, 1860, and the Commission shall 
be deemed to be a civil court for the purpose of sections 195, 345 and 346 and Chapter 
XXVI of the Code of Criminal Procedure, 1973. 
15. (1) The Commission may, at any stage of any proceeding, visit and inspect, 
or appoint any person to visit and inspect, after due notice to the parties, any school 
or other place which it is, in opinion of the Commission, necessary to visit and inspect 
to adjudicate a school dispute, who shall thereupon, after due notice to the parties, 
visit and inspect the school or other place, as the case may be. 
(2) The person referred to in sub-section (1) shall, consequent upon the visit and 
inspection, draw a report and submit the same to the Commission in such manner as 
may be specified. 
Jurisdiction of 
Commission. 
Powers of 
Commission. 
5 of 1908. 
45 of 1860. 
10 	 THE KOLKATA GA/I- TTE, EXTRAORDINARY, DECEMBER 29, 2011 	 [PART III 
The West Bengal Administrative (Adjudication of 
School Disputes) Commission Act, 2008. 
(Chapter IIL—Jurisdiction and Powers of Commission.—Sections 16, 17.—
Chapter IV—Proceedings of Commission.—Sections 18-20.) 
Court of record. 16. (1) The Commission shall be a court of record and shall have all the powers 
of such a court including the power to punish for contempt of itself. 
(2) The powers referred to in sub-section (1) shall be exercised in such manner 
as may be specified. 
Every person and 	 17. Subject to the provisions of this Act, every person and civil authority shall civil authority to 
abide by judgment abide by a judgment pronounced, and an order made, by the Commission. 
and order. 
CHAPTER IV 
Proceedings of Commission 
Persons who may 
make petitions 
and present cases. 
Societies and 
Trade Unions to 
make petitions. 
Petitions to 
Commission. 
18. (1) A person may make a petition to the Commission either in person or 
through his Advocate and may present the case before the Commission either in person 
or through his Advocate. 
(2) The State Government or any other authority may make a petition to the 
Commission either through any of its officers authorised to act as its presenting officer 
in that behalf or its Advocate and may present the case before the Commission either 
through the presenting officer or Advocate. 
19. (1) Notwithstanding anything contained in section 18,— 
(a) a society or Trade Union may, on behalf of its member, make the petition 
referred to in section 18; 
(b) a society or Trade Union may, on behalf of an individual, make the 
petition referred to in section 18, if the individual consents to the same; 
(c) a society or Trade Union may be added by the Commission, on its own 
motion or a petition in that behalf being presented to the Commission 
by the society or Trade Union, as a party to a petition referred to in 
section 18. 
(2) In case a society or Trade Union makes the petition referred to in section 18, 
the provisions of section 18 shall apply mutatis mutandis to the society or Trade Union. 
(3) Nothing in this section shall authorise any society or Trade Union to prosecute 
or defend any petition where prosecution or defence of the petition is foreign to the 
objects of the society or Trade Union. 
20. (1) The Commission, on a petition being presented to it, may decide the 
admissibility of the petition and, by order in writing, allow the petition to be proceeded 
with or reject the petition: 
Provided that the petition shall not be rejected under this sub-section unless an 
opportunity of being heard has been given to the petitioner: 
Provided further that the admissibility of the petition shall ordinarily be decided 
within a period of fifteen days from the date on which the petition has been presented 
to the Commission. 
(2) Where the petition has been allowed to be proceeded with under sub-section 
(1), the Commission shall proceed with the petition in such manner as may be 
specified. 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 29, 2011 	 11 
The West Bengal Administrative (Adjudication of 
School Disputes) Commission Act, 2008. 
(Chapter IV.—Proceedings of Commission.—Sections 21, 22.) 
(3) Where a petition referred to in sub-section (1) is found or, at any stage of any 
proceeding, found to— 
(a) be frivolous or vexatious, or 
(b) be made to delay the adjudication of any school dispute or other proceeding 
or to otherwise abuse any process of the Commission, 
it shall, for reasons to be recorded in writing, reject or dismiss, as the case may be, 
the petition and may make an order that the petitioner shall pay to the opposite party 
such costs as may be mentioned in the order. 
Service of notices, 
etc. 
21. (1) A notice required by or under this Act to be served to a petitioner, an 
opposite party or any other person may be served on the petitioner, opposite party 
or other person, as the case may be, by sending the same at the address of the petitioner, 
opposite party or other person, as the case may be, by registered post, acknowledgement 
due. 
(2) When an acknowledgement purporting to be signed by the addressee or his 
agent is received by the Commission or an article containing the notice is received 
back by the Commission with an endorsement purporting to have been made by a 
postal employee to the effect that the addressee or his agent had refused to take delivery 
of the article or had avoided by any means to take delivery of the article, the Commission 
shall declare that the notice had been duly served on the addressee: 
Provided that where the notice was properly addressed and duly pre-paid and sent 
by registered post, acknowledgement due, a declaration referr‘, .(1 to in this sub-section 
shall be made notwithstanding the fact that the acknowledgement has not, for being 
lost or mislaid or any other reason, been received by the Commission within thirty 
days from the date the notice was so sent. 
(3) The notice referred to in sub-section (1) may alternatively or additionally be 
sent through such courier company or by such other means, and, in that case, the 
declaration referred to in sub-section (2) shall be subject to such conditions, as the 
Chairperson may specify. 
Explanation.—For the purposes of this sub-section, "courier company" means— 
(a) a concern, 
(b) a firm or any other association or body of individuals, or 
(c) a body corporate or authority, 
rendering the service of a courier. 
(4) A notice required by or under this Act to be served to a petitioner, an opposite 
party or any other person shall be addressed to the place where the petitioner, opposite 
party or other person, as the case may be, actually and voluntarily resides, or personally 
works for gain, or carries on business. 
Explanation.—For the purposes of this sub-section, an association or a body of 
individuals, a body corporate or an authority shall be deemed to carry on business 
at its sole or principal office. 
22. (1) The Commission shall not be bound by the procedure laid down by the 
Code of Civil Procedure, 1908, but shall be guided by the basic principles of natural 5 of 1908 
justice and, subject to the other provisions of this Act, the Commission shall have 
power to regulate its own procedure. 
Procedure. 
12 	 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 29, 2011 	 [PART III 
The West Bengal Administrative (Adjudication of 
School Disputes) Commission Act, 2008. 
(Chapter IV.—Proceedings of Commission.—Sections 23-26.) 
(2) The Commission shall decide every petition made to it as expeditiously as 
possible and shall make endeavour to decide the petition within a period of three 
months from the date of admission of the petition: 
Provided that if the Commission disposes of the petition after the period referred 
to in this sub-section, the Commission shall at the time of disposing of the petition, 
record in writing the reasons for disposing of the petition after such period. 
(3) During any proceeding before the Commission, it may pass such interim or 
interlocutory order as it may consider just and proper in the facts and circumstances 
of the case. 
(4) Every judgment pronounced or order made by the Commission shall be signed 
by the Members who have conducted the proceeding: 
Provided that where the Members in a Bench differ on any point or points, the 
opinion of the majority of the Members shall be the judgment or order of the 
Commission: 
Provided further if such Members are equally divided, the point or points on 
which they differ shall be referred to the Chairperson who shall either hear the parties 
on, and decide, such point or points by himself or refer such point or points to other 
Member or Members for hearing the parties on, deciding, such point or points by such 
Member or Members and, thereupon, the opinion of the majority of all such Members 
shall be the judgment or order of the Commission: 
Provided also that nothing in the preceding provisos shall be deemed to prevent 
any such Member who does not concur to the opinion of the majority of such Members 
or all such Members from delivering a dissenting opinion or judgment on the point 
or points. 
No adjournment. 
Judgments or 
orders not to be 
reserved for more 
than one month. 
Correction of 
judgments and 
orders. 
Clarification of 
judgments and 
orders. 
23. The Commission shall not ordinarily grant adjournment to any proceeding 
before it: 
Provided that it may, for sufficient reasons, after recording the reasons, grant 
adjournment to the proceeding for a period ordinarily not exceeding fifteen days at 
a time. 
24. Notwithstanding anything contained in this Act or any rule or regulation 
made thereunder, the Commission shall not reserve its judgment or order in relation 
to a school dispute for more than one month: 
Provided that if the Commission pronounces the judgment or makes the order 
after the period referred to in this section, the Commission shall record its reasons 
for the delay. 
25. Any mistake of clerical or arithmetical nature, or any error arising from 
any accidental slip or omission, in any judgment pronounced or order made by the 
Commission may, at any time, be corrected by the Commission either of its own 
motion or on a petition being made to it by any of the parties to the judgment or 
order. 
26. Where any judgment pronounced or order made by the Commission is found 
to be ambiguous, vague or inconsistent or otherwise unclear, the Commission may, 
at any time, either of its own motion or on a petition being made to it by any of 
the parties to the judgment or order, clarify the judgment or order. 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 29, 2011 	 13 
The West Bengal Administrative (Adjudication of 
School Disputes) Commission Act, 2008. 
(Chapter IV.—Proceedings of Commission.—Sections 27-32.— 
Chapter V.—Finance and Audit.—Section 33.) 
Rooms or places 
of proceedings to 
be open courts. 
Manner of 
adjudicating 
schools disputes. 
Appeals. 
Validation. 
Accounts and 
audit. 
27. The room or place in which any proceeding of the Commission is 
conducted shall be deemed to be an open court, to which the public generally shall 
have access: 
Provided that the presiding officer of the Bench may, for reasons to be recorded 
in writing, order, at any stage of the proceedings, that the public generally, or any 
particular person, shall not have access to, or be or remain in, such room or place. 
28. Notwithstanding anything contained in this Act or any rule or regulation 
made thereunder, the Commission shall adjudicate a school dispute and conduct 
a proceeding relating thereto in a manner that the process of adjudication is not 
unnecessarily lengthened and that the substantial justice is administered to the 
parties thereto in a reasonable time. 
29. No suit or other proceeding in respect of a school dispute shall lie to a 
civil court. 
30. Notwithstanding anything contained in this Act, no suit, appeal or any 
other proceeding relating to a school dispute pending, on the date of commencement 
of this Act, before any court shall stand, or be transferred to the Commission and 
every such suit, appeal or other proceeding shall continue to proceed before the 
court as if this Act had not been enacted. 
31. Notwithstanding anything in the Code of Civil Procedure, 1908, or any 
other law for the time being in force,— 
(a) no appeal shall lie against an interim or interlocutory order made by 
the Commission; 
(b) an appeal against a judgment pronounced or an order made by the 
Commission shall lie to a Division Bench of the High Court. 
32. Notwithstanding anything contained in this Act or any rule or regulation 
made thereunder,— 
(a) no act or proceeding of the Commission shall be invalid by reason 
only of the existence of any vacancy amongst the Members or any 
defect in the establishment of the Commission; 
(b) no proceeding of the Commission shall be invalid if the proceeding 
has been conducted in accordance with the basic principles of natural 
justice and no substantial injustice has thereby resulted to any party 
to the proceeding. 
CHAPTER V 
Finance and Audit 
33. (1) The Commission shall maintain proper accounts and other relevant records 
and prepare an annual statement of accounts in such form as may be prescribed. 
(2) The annual accounts of the Authority shall be audited by the Accountant-
General, West Bengal. 
(3) The Accountant-General, West Bengal, shall have the same rights, privileges 
and authority in connection with such audit as the Accountant-General, West Bengal, 
generally has in connection with the audit of Government accounts and, in particular, 
shall have the right to demand the production of books, accounts, connected vouchers 
and other documents and papers and to inspect the office of the Commission. 
Bar to jurisdiction 
of civil courts. 
No suit, appeal or 
other proceeding 
to stand, or be, 
transferred to 
Commission. 
5 of 1908. 
14 	 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 29, 2011 	 [PART III 
The West Bengal Administrative (Adjudication of 
School Disputes) Commission Act, 2008. 
(Chapter V.—Finance and Audit.—Section 34.—Chapter VI.—
Miscellaneous.—Sections 35-39.) 
Financial powers 
of Chairperson. 
34. Subject to the provision of this Act, the Chairperson shall exercise such 
financial powers as may be prescribed. 
Members, officers 
and employees of 
Commission to be 
public servant. 
Protection of 
actions taken in 
good faith. 
Act to have 
overriding effect. 
Power to make 
rules. 
Power to make 
regulations. 
CHAPTER VI 
Miscellaneous 
35. All Members, offficers, employees of the Commission shall be deemed, when 
acting or purporting to act in pursuance of any provision of the Act, or any rule or 
regulation made thereunder, to be public servants within the meaning of section 21 
of the Indian Penal Code, 1860. 
36. No suit, prosecution or legal proceeding shall lie against the Commission 
or any Member or any officer or employee of the Commission for anything, or 
any injury or damage caused or likely to be caused by anything, which is in good 
faith done or intended to be done under any provision of this Act or any rule or 
regulation made thereunder. 
37. The provisions of this Act or any rules or regulation made thereunder 
shall have effect notwithstanding anything contained in any law for the time being 
in force or in any instrument having effect by virtue of any law. 
38. (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 any matter which may be, or is required to be, 
prescribed. 
(3) Every rule made under this section shall, as soon as may be after it is made, 
be laid before the State Legislature. 
39. (1) The Commission may, with prior approval of the State Government, 
by notification, make regulations consistent with this Act for proper exercise of 
its power 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 form and contents of a petition to be made to the Commission and 
the documents to be annexed thereto; 
(b) the fees to be paid, and the manner of making payment thereof, for 
making a petition to the Commission; 
(c) the manner of making a petition to the Commission; 
(d) the regulation of the proceedings of the Commission, including those 
relating to review of a judgment pronounced or an order made by the 
Commission; 
(e) the regulation of the sittings, including the days and hours of the 
sittings, of the Commission; 
(f) the decorum to be maintained during conduct of the proceedings of 
the Commission; 
45 of 1860. 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 29, 2011 	 15 
Power to remove 
difficulties. 
The West Bengal Administrative (Adjudication of 
School Disputes) Commission Act, 2008. 
(Chapter VI.—Miscellaneous.—Section 40.—Schedule.) 
(g) the manner of keeping records of the proceedings of the Commission 
and the preservation and destruction thereof; 
(h) the period of limitation in the matter of making a petition to the 
Commission; 
(i) the dress of the Members while sitting at the Bench; 
(j) the person, and dress of such person, by whom a petitioner may be 
represented to the Commission; 
(k) any other matter which may be, or is required to be. provided for. 
40. (1) If any difficulty arises in giving effect to any provision of this Act, 
the Governor may, for the purpose of removing such difficulty, direct, by order 
published in the Official Gazette, that this Act shall, during such period as may be 
specified in the order, have effect subject to such modifications, including 
additions and omissions, as he may deem to be necessary or expedient: 
Provided that no such order shall be made after expiry of a period of two years 
from the date of commencement of this Act. 
(2) Every order made under sub-section (1) shall, as soon as may be after it 
is made, be laid before the State Legislature. 
SCHEDULE 
[See section 2(n).] 
Si. 
No. 
Short title of the specified State Act Act No. and year 
1.  The West Bengal Board of Secondary West Ben. Act V of 1963. 
Education Act, 1963. 
2.  The West Bengal Primary Education Act, 
1973. 
West Ben. Act XLIII of 1973. 
3.  The West Bengal Council of Higher West Ben. Act VIII of 1975. 
Secondary Education, 1975. 
4.  The West Bengal Board of Madrash West Ben. Act XXXIX of 1994. 
Education Act, 1994. 
5.  The West Bengal School Service West Ben. Act IV of 1997. 
Commission Act, 1997. 
6.  The West Bengal Council of West Ben. Act XI of 2001. 
Rabindra Open Schooling Act, 2001. 
7.  The West Bengal Schools (Control of West Ben. Act XIV of 2005. 
Expenditure) Act, 2005. 
By order of the Governor, 
B. K. SRIVASTAVA, 
Secy.-in-charge to the Govt. of West Bengal, 
Law Department. 
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd. 
(Government of West Bengal Enterprise), Kolkata 700 056 

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