The West Bengal Board Of Madrasah Education Act, 1994

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XXXIX of 1994 
THE WEST BENGAL BOARD OF MADRASAH 
EDUCATION ACT, 1994. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 8th August, 1994.] 
[8th August, 1994.] 
An Act to establish a Board of Madrasah Education in West Bengal and 
to provide for matters connected therewith or incidental thereto. 
WHEREAS it is expedient to establish a Board of Madrasah Education 
in West Bengal and to provide for matters connected therewith or 
incidental thereto; 
It is hereby enacted in the Forty-fifth 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 Board of Madrasah Short title, 
Education Act, 1994. 	 extent and 
commence- 
(2) It extends to the whole of West Bengal. 	 ment. 
(3) 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) "Board" means the West Bengal Board of Madrasah 
Education established under this Act; 
(b) "Head of Madrasah" means the head of the teaching 
staff of a Madrasah, by whatever name he or she may be 
designated; 
(c) "High Madrasah" means a Madrasah where the High 
Madrasah Education• System is followed; 
(d) "Institution" means a Madrasah; 
(e) "Junior High Madrasah" means a High Madrasah up to 
middle level; 
(f) "Madrasah" means an educational institution imparting 
instruction in Madrasah Education; 
Definitions. 
383 
The West Bengal Board of Madrasah Education 
Act, 1994. 
[West Ben. Act 
(Chapter 1.—Preliminary.—Section 2.) 
(g) "Madrasah Education" means a system of education in which 
instruction is imparted in Arabic, Islamic history and culture, 
and theology, and includes— 
(i) High Madrasah Education System which, in addition 
to covering Arabic language and Islamic history and 
culture, imparts general education above primary 
education stage with a view to qualifying students for 
admission to a certificate, diploma or degree course 
instituted by a University or by a Government or by 
any statutory authority, and includes such other type 
of education as the State Government may, in 
consultation with the Board, specify; 
(ii) Senior Madrasah Education System which imparts 
instruction in Arabic language and literature, Islamic 
theology, history, culture and jurisprudence and some 
general education with a view to qualifying students 
for a certificate, diploma or degree of the Board or a 
University or a Government or any other statutory 
authority; 
(h) "Managing Committee" used in reference to an Institution 
means the person or the body of persons for the time being 
entrusted with the management of the affairs of the 
Institution; 
(i) "notification" means a notification published in the Official 
Gazette; 
(j) "prescribed" means prescribed by rules made under this Act; 
(k) "President" means the President of the Board; 
(1) "Primary Education" means education imparted in a primary 
school as defined in any Bengal Act or West Bengal Act 
or education equivalent thereto; 
(m) "recognised" with its grammatical variations, used with 
reference to a Madrasah, means recognised under this 
Act or by the West Bengal Madrasah Education Board 
constituted by the State Government before the 
commencement of this Act; 
(n) "regulation" means a regulation made by the Board under 
this Act; 
(0) "rule" means a rule made by the State Government under 
this Act; 
(p) "Senior Madrasah" means a Madrasah where the Senior 
Madrasah Education System is followed. 
384 
The West Bengal Board of Madrasah Education 
Act, 1994. 
XXXIX of 1994.] 
(Chapter 11.—The Board. Sections 3, 4.) 
CHAPTER II 
The Board 
3. (1) The State Government shall, as soon as may be after this 
Act comes into force, establish a Board to be called the West Bengal 
Board of Madrasah Education. 
(2) The Board shall be a body corporate with perpetual succession 
and a common seal, shall be entitled to acquire, hold and dispose of 
property, to enter into contracts and to do all other things necessary for 
the purposes of this Act, and shall by its name sue and be sued. 
4. The Board shall consist of the following members:— 
(a) the President; 
(b) the President of the West Bengal Council of Higher 
Secondary Education, ex officio; 
(c) the President of the West Bengal Board of Secondary 
Education, ex officio; 
(d) the President of the West Bengal Board of Primary 
Education, ex officio; 
(e) the Director of School Education, Government of West 
Bengal, ex officio; 
(f) the Head of the Department of Arabic, Calcutta University, 
ex officio; 
(g) the Principal, Calcutta .  Madrasah, ex officio; 
(h) two heads of recognised Madrasahs—one High Madrasah 
and one Senior Madrasah—nominated by the State 
Government; 
(i) two Members of the West Bengal Legislative Assembly 
nominated by the State Government; 
(j) three persons nominated by the State Government of 
whom— 
(i) one shall be a wholetime member of the teaching staff 
of a college imparting instruction in Arabic or Persian 
language and affiliated to any University in West 
Bengal, 
(ii) one shall be an expert in Islamic Culture and Theology, 
and 
(iii) one shall be a woman interested in Madrasah 
Education; 
(k) ten wholetime and permanent members of the teaching staff 
of recognised Madrasahs—five from High Madrasahs, 
three from Senior Madrasahs and two from Junior High 
Madrasahs—elected in the manner prescribed; 
Establish-
ment and 
incorpora-
tion of the 
Board. 
Composition 
of the Board. 
385 
The West Bengal Board of Madrasah Education 
Act, 1994. 
[West Ben. Act 
(Chapter 11.—The Board.—Sections 5-8.) 
(1) two persons from the wholetime and permanent non-
teaching staff of recognised Madrasahs elected in the 
manner prescribed; 
(m) one person from the wholetime and permanent staff of the 
Board elected in the manner prescribed. 
Appointment 
in default 
of election. 
Publication 
of the names 
of elected, 
nominated 
or appointed 
members of 
the Board. 
Term of 
office of 
members of 
the Board. 
5. (1) If by such date as may be prescribed, any of the authorities, 
other than the State Government, fails to elect or nominate a member or 
members as provided in section 4, the State Government shall appoint 
member or members qualified for election or nomination by such 
authority: 
Provided that in the case of the State Legislative Assembly, if the 
said Assembly has been dissolved, the State Government shall appoint a 
suitable person to be a member to hold office until the said Assembly is 
reconstituted and a member is duly nominated. 
(2) A person appointed under this section shall be deemed to be a 
member duly elected or nominated under section 4. 
6. The name of every person elected on nominated under section 4 
or appointed under section 5 as a member of the Board shall be published 
in the Official Gazette as soon as may be after the election, nomination 
or appointment, as the case may be. 
7. (1) Subject to the provisions of this Act, every elected, nominated 
or appointed member of the Board shall hold office for a term of four 
years from the date of publication of his or her name under section 6 and 
may, on expiration of such term, be re-elected, re-nominated or re-
appointed. 
(2) Notwithstanding the expiration of the term of four years specified 
in sub-section (1), an elected, nominated or appointed member of the 
Board shall continue to hold office until the vacancy caused by the 
expiration of the said term has been filled in accordance with the 
provisions of this Act. 
Casual 	 8. If any member dies or resigns his office or ceases to be a member 
vacancies. 	 for any other reason, the vacancy shall be filled up by a fresh nomination 
or election under section 4, and the member so elected or nominated 
shall hold office for the unexpired portion of the term of the member 
whose place he fills. 
386 
The West Bengal Board of Madrasah Education 
Act, 1994. 
XXXIX of 1994.] 
(Chapter IL—The Board—Sections 9-11.) 
9. (1) The President shall be appointed by the State Government. 
(2) The term of office of the President shall be for five years. 
(3) The President shall cease to hold office if, at any time, he becomes 
subject to any of the disqualifications referred to in sub-section (1) of 
section 11. 
(4) The President may resign his office by giving notice in writing 
to the State Government and, on acceptance of such resignation by the 
State Government, the President shall be deemed to have vacated his 
office. 
(5) The President shall receive such salary and allowances, if any, 
from the West Bengal Board of Madrasah Education Fund as the State 
Government may determine. 
10. If the President dies or resigns his office or ceases to hold office 
or is temporarily absent, the State Government shall authorise a member 
of the Board to exercise the powers and perform the duties of the office 
of the President until the President resumes office or a new President is 
appointed, as the case may be. 
11. (1) A person shall be disqualified for being elected, nominated 
or appointed a member of the Board if he— 
(a) has been adjudged by a competent court to be of unsound 
mind; 
(b) is an undischarged insolvent; 
(c) being a discharged insolvent, has not obtained from the court 
a certificate that his insolvency was caused by misfortune 
without any misconduct on his part; 
(d) has been convicted by a court of an offence which is declared 
by the State Government to be an offence involving moral 
turpitude, unless— 
(i) such disqualification is condoned by the State Govern-
ment, or 
(ii) the term of his sentence of imprisonment or a period 
of five years from the date of his conviction, whichever 
is longer, has expired; 
(e) directly or indirectly, by himself or his partner,— 
(i) has or had any share or interest in any text-book 
approved by the Board or published by or under the 
authority of the Board, or 
(ii) has any interests in any work done by order of, or in 
any contract entered into on behalf of, the Board: 
Provided that a person who had any share or 
interests in any text-book referred to in sub-clause (i) 
shall not be deemed to have incurred the 
disqualification under the said' sub-clause if five years 
have elapsed from the date of the publication or 
republication of such text-book. 
Appointment, 
term of 
office, salary 
and 
allowances 
of the 
President. 
Temporary 
and acting 
arrangement 
for the office 
of the 
President. 
Dis-
qualifications 
for member-
ship. 
387 
The West Bengal Board of Madrasah Education 
Act, 1994. 
[West Ben. Act 
Disputes 
relating to 
the eligibility 
or manner 
of election 
of members. 
Resignation 
and removal 
of members. 
Conduct of 
meetings. 
Restriction 
on voting. 
(Chapter IL—The Board.—Sections 12-15.) 
(2) If an elected, nominated or appointed member of the Board 
becomes, after his election, nomination or appointment, as the case may 
be, subject to any of the disqualifications specified in sub-section (I), his 
membership shall thereupon cease with effect from such date as the State 
Government may direct. 
12. (1) If any question arises relating to— 
(i) the eligibility of any person for election as a member of 
the Board, or of any Committee under this Act, or 
(ii) the manner in which any such election has been held, or 
(iii) the disqualification of any member of the Board, or of any 
Committee, continuing as such member, 
such question shall be referred for decision to a Tribunal consisting of a 
Judicial Officer, not below the rank of a District Judge or an Additional 
District Judge, appointed by the State Government. 
(2) The Procedure to be followed by the Tribunal shall be such as 
may be prescribed. 
(3) The decision of the Tribunal under sub-section (1) shall be final 
and no suit or proceeding shall lie in any Civil or Criminal Court in 
respect of any matter which has been or may be referred to, or has been 
decided by, the Tribunal under that sub-section. 
13. (1) An elected, nominated or appointed member of the Board 
may resign his seat by giving notice at least for one month in writing to 
the President, and when such resignation is accepted by the Board, such 
member shall be deemed to have vacated his seat. 
(2) The State Government may, by notification, and after giving the 
member concerned an opportunity of being heard, remove any elected, 
nominated or appointed member of the Board if, without obtaining the 
consent of the President, he is absent from three consecutive meetings of 
the Board. 
14. The President or, in his absence, one of the members of the Board 
elected from amongst those present shall preside at the meetings of the 
Board, and the President or such member shall be entitled to vote on any 
matter and shall have a second or casting vote in every case or equality 
of votes. 
15. (1) No member of the Board shall vote on any matter in which 
he has any personal or pecuniary interest or if it relates to any Institution 
of which he is either a teacher or a member of the Managing Committee. 
(2) The President or the member presiding at a meeting of the Board 
shall decide any question arising under sub-section (1), and his decision 
thereon shall be final. 
388 
The West Bengal Board of Madrasah Education 
Act, 1994. 
XXXIX of 1994.] 
(Chapter II.—The Board.—Sections 16, I7.—Chapter III—Committees 
of the Board.—Section 18.) 
16. (1) The Board shall have a Secretary who shall be appointed by 
the State Government. 
(2) The Board may appoint such other officers and employees as it 
considers necessary for carrying out the purposes of this Act. 
(3) The method of recruitment and the conditions of service 
(including the scales of pay and allowances, if any) shall,— 
(a) as respects the Secretary, be such as may be prescribed, and 
(b) as respects the other officers and employees, be such as may, 
subject to the approval of the State Government, be 
determined by regulations published in the Official Gazette. 
(4) Subject to the general control and supervision of the President, 
the Secretary shall be the principal administrative officer of the Board. 
He shall be entitled to attend and speak at any meetings of the Board, but 
shall not be entitled to vote. 
17. Such members of the Board or of any Committee constituted 
under this Act as are not in the service of the State Government shall, in 
respect of expenses incurred by them in attending meetings of the Board 
or of any such Committee or in exercising any powers or performing any 
duties conferred or imposed upon them by or under this Act, be paid by 
the Board such allowances and at such rates as may be prescribed. 
CHAPTER III 
Committees of the Board 
18. (1) As soon as the Board is established, the Board may, with the 
approval of the State Government, constitute any or more of the following 
Committees, namely:— 
(a) the Recognition Committee; 
(b) the Syllabus Committee; 
(c) the Examinations Committee; 
(d) the Finance Committee; 
(e) the Appeal Committee; and 
(f) such other Committee or Committees as it may think 
necessary. 
(2) Each of the Committees referred to in clauses (a) to (d) and (f) of 
sub-section (1) shall be composed of the President as its Chairman and 
wholly, or partly, of members of the Board, and the total number of 
members of such Committee including the President shall not exceed 
nine. 
(3) The Appeal Committee shall be composed of not more than seven 
members of whom one shall be a person who holds or has held the office 
Persons in 
the service 
of the Board. 
Travelling 
allowance. 
Constitution 
of 
Committees. 
389 
The West Bengal Board of Madrasah Education 
Act, 1994. 
Functions of 
Committee. 
[West Ben. Act 
(Chapter 111.—Committees of the Board.—Section 19.) 
of a Judge, not below the rank of an Additional District Judge to be 
nominated by the State Government as the Chairman, and such number 
of other members as the Board thinks fit shall be the members of the 
Board. 
(4) The Secretary to the Board shall act as the Secretary to each 
such Committee. 
19. (1) It shall be the duty of the Recognition Committee to advise 
the Board on all matters concerning recognition of Institutions. 
(2) It shall be the duty of the Syllabus Committee to advise the Board 
on all matters relating to the syllabus, courses of studies to be followed 
and the books to be studied in recognised Institutions and for examina-
tions instituted by the Board. 
(3) It shall be the duty of the Examinations Committee to advise the 
Board on— 
(a) matters relating to selection of paper setters, moderators, 
tabulators, examiners, invigilators, supervisors and others 
to be employed in connection with examinations instituted 
by the Board and the rates of remuneration to be paid to 
them; 
(b) the fees to be paid by candidates for such examinations; and 
(c) any other matter relating so such examinations which may 
be referred to it by the Board for advice. 
(4) It shall be the duty of the Finance Committee to prepare the 
budget of the Board and to advise the Board on such matters relating to 
finance as may be referred to it by the Board for advice. 
(5) (a) All appeals by the members of the teaching and non-
teaching staff against the decisions of the Managing 
Committees of the recognised Institutions shall be heard 
and decided by the Appeal Committee. 
(b) The decisions of the Appeal Committee under clause (a) 
shall be final and no suit or proceeding shall lie in any Civil 
or Criminal Court in respect of any matter which has been 
or may be referred to, or has been decided by, the Appeal 
Committee. 
(6) Any other Committee or Committees that may be constituted 
under clause (f) of sub-section (1) of section 18 shall have such powers 
or functions as the Board may confer or impose on such Committee or 
Committees. 
390 
The West Bengal Board of Madrasah Education 
Act, 1994. 
XXXIX of 1994.] 
(Chapter 1V.—Powers and Functions of the Board and 
the President—Section 20.) 
CHAPTER W 
Powers and Functions of the Board and the President 
20. (1) It shall be the duty of the Board to advise the State Functions of 
Government on all matters relating to Madrasah Education referred to it the Board. 
by the State Government. 
(2) Subject to any general or special orders of the State Government, 
the provisions of this Act and any rules made thereunder, the Board 
shall have generally the power to direct, supervise and control Madrasah 
Education, and, in particular, the power— 
(a) to grant or refuse recognition to Madrasah and to withdraw 
such recognition if it thinks fit and necessary, after 
considering the recommendations of the Recognition 
Committee in accordance with such regulations as may be 
made in this behalf; 
(b) to maintain a register of recognised Madrasahs; 
(c) to provide by regulations, after considering the recom-
mendations of the Syllabus Committee, if any, the 
curriculum, syllabus, courses or studies to be followed and 
books to be studied in recognised Madrasahs for 
examinations instituted by the Board; 
(d) to undertake, if necessary, with the approval of the State 
Government, the preparation, publication or sale of text-
books and other books for use in recognised Madrasahs; 
(e) to maintain and publish, from time to time, list of books 
approved for use in recognised Madrasahs and for 
examinations instituted by the Board and to remove the name 
of any such book from any such list; 
(f) to institute various Madrasah ExaMinations and such other 
similar examinations as it may think fit and to make 
regulations in this behalf; 
(g) to make regulations regarding the conditions to be fulfilled 
by the candidates presenting themselves for examinations 
instituted by the Board; 
(h) to provide by regulations after considering the recom-
mendations of the Examinations Committee, if any, the rates 
of remuneration to be paid to the paper-setters, moderators, 
tabulators, examiners, invigilators, supervisors and others 
employed in connection with the examinations instituted 
by the Board, and the fees to be paid by candidates for such 
examinations with the approval of the State Government; 
391 
The West Bengal Board of Madrasah Education 
Act, 1994. 
[West Ben. Act 
(Chapter IV—Powers and Functions of the Board and 
the President.—Section 21.) 
Powers and 
duties of the 
President. 
(i) to grant or refuse permission to candidates to appear at 
examinations instituted by the Board and to withdraw such 
permission if it thinks fit in accordance with such regulations 
as may be made in this behalf; 
(j) to provide by regulations the procedure for filling and 
disposal of appeals by the members of the teaching and non-
teaching staff against the decisions of the Managing 
Committees of recognised Madrasahs; 
(k) to administer the West Bengal Madrasah Education Board 
Fund; 
(1) to institute and administer such Provident Funds as may be 
prescribed; 
(m) to make regulations relating to the conduct, discipline and 
appeal in respect of the members of the staff; 
(n) to perform such other functions as may be assigned to it by 
the State Government. 
(3) Subject to the provisions of sub-section (2), the Board shall have 
the power to make regulations in respect of any matter for the proper 
exercise of its powers under this Act. 
(4) No regulation shall be valid unless it is approved by the State 
Government and the State Government may, in according such approval, 
make such additions, alterations or modifications therein as it thinks fit: 
Provided that before making any such addition, alteration or 
modification, the State Government shall give the Board an opportunity 
to express its views thereon within such period, not exceeding one month, 
as may be specified by the State Government. 
(5) All regulations approved by the State Government shall be 
published in the Official Gazette. 
21. (1) The President shall be responsible for carrying out, and giving 
effect to, the decisions of the Board and of any Committee constituted 
under this Act. 
(2) The President may, in any emergency, exercise any other powers 
of the Board, provided, however, that he shall not act contrary to any 
decision of the Board and shall, as soon thereafter as may be, report to 
the Board the action taken by him together with the reasons therefor. 
(3) The President shall— 
(a) exercise general supervision over the Secretary, the other 
officers and employees appointed by the Board, and post 
and transfer the members of the staff; 
(b) sanction all claims of travelling allowances; and 
(c) take such other action not inconsistent with any decisions 
of the Board as he considers necessary for the proper 
functioning of the Board under this Act. 
392 
The West Bengal Board of Madrasah Education 
Act, 1994. 
XXXIX of 1994.] 
(Chapter V—Meetings.—Sections 22, 23.—Chapter VI.—Finance 
and Audit.—Section 24.) 
CHAPTER V 
Meetings 
22. (1) The annual meeting of the Board shall be held in the month 
of July each year. 
(2) The Board shall meet at such other times, not less than four 
times a year, as may be appointed by the President. 
(3) The President shall, except in the case of an emergency meeting 
referred to in sub-section (6), give to each member not less than seven 
days' notice of each meeting including the annual or a special meeting: 
Provided that the President shall, on receipt of a requisition signed 
by not less than ten members of the Board, call a meeting within fifteen 
days from the date of receipt of such requisition, and no business, other 
than that on account of which the requisition has been received, shall be 
transacted at such a meeting. 
(4) On receipt of a requisition signed by not less than six members 
of the Board, the President shall place before a meeting of the Board for 
discussion any decision of any Committee constituted under this Act to 
which such requisition relates, and the Board may revise any such decision 
if not less than two-thirds of the total number of members of the Board 
.are in favour of such revision. 
(5) No matter which has been decided by the Board shall, within 
the period of six months from the date of such decision, be reconsidered 
except at a special meeting of the Board convened for the purpose 
upon the requisition of ten members and unless not less than two-
thirds of the total number of members of the Board vote in favour of 
such reconsideration. 
(6) In case of an emergency, the President may call a meeting, after 
giving not less than clear two days' notice thereof. 
(7) No business shall be transacted at any meetings of the Board 
unless a quorum of ten members is present. 
23. The Board shall make regulations relating to meetings of any 
Committee constituted under this Act and the procedure to be followed 
at such meetings. 
CHAPTER VI 
Finance and Audit 
24. (1) The President shall place before the annual meeting of the 
Board held in the year following the year in which it is constituted and 
before every annual meeting thereafter a report on the working of the 
Board during the last preceding financial year. 
(2) The report shall be forwarded to the State Government within 
one month of the presentation thereof before the annual meeting of the 
Board together with such comments thereon as the Board may think fit 
to make. 
Meetings of 
the Board. 
Meetings of 
Committee. 
Annual 
report and 
budget 
estimate. 
393 
The West Bengal Board of Madrasah Education 
Act, 1994. 
[West Ben. Act 
(Chapter VL—Finance and Audit.—Section 24.) 
(3) (a) The Board shall hold a special meeting by the 31st October 
of every financial year and the President shall place before 
the said meeting a budget estimate showing, in such form 
as may be prescribed, the anticipated income and expenditure 
of the Board for the next financial year. 
(b) The budget estimate as aforesaid shall, after confirmation 
by the Board, be forwarded to the State Government by the 
30th November of the financial year in which the special 
meeting referred to in clause (a) is held. 
(4) (a) The State Government shall, within two months of the 
receipt of the budget estimate, either accord its approval to 
the same or return it to the Board with such comments and 
suggestions as it deems necessary if, in its opinion, such 
estimate— 
(i) is not reasonably accurate with reference to 
ascertainable facts or shows a deficit in the closing 
balance; 
(ii) includes new items of recurring expenditure which 
are likely to impose upon the Board in the future 
financial liabilities which the Board is not likely to be 
able to meet from its income; or 
(iii) includes provisions for expenditure which are not in 
accordance with the provisions of this Act. 
(b) If the budget estimate is returned under clause (a), the Board 
shall consider the comments and suggestions made by the 
State Government and may, if it thinks fit, revise said 
estimate. The Board shall, then, resubmit the budget estimate 
as so revised to the State Government, or the Board shall, if 
it does not think fit to revise the estimate, resubmit it in its 
original form to the State Government within one month of 
receiving it together with its replies on the comments and 
suggestions made by the State Government. 
(c) If the State Government does not approve of the budget 
estimate as revised by the Board or if the budget estimate is 
returned by the Board without revision, the State 
Government may amend the budget estimate by making— 
(i) such modifications as are, in its opinion, necessary to 
render the estimate reasonably accurate with reference 
to ascertainable facts or to balance the income and 
expenditure, 
(ii) additions, alterations or modifications in any provision 
relating to new expenditure of a recurring nature, 
(iii) any alteration or modification in any provision for 
expenditure which, in its opinion, is not in accordance 
with the provisions of this Act, and shall forward the 
budget estimate as so amended to the Board. 
394 
The West Bengal Board of Madrasah Education 
Act, 1994. 
XXXIX of 1994.] 
(Chapter VI.—Finance and Audit.—Sections 25-27.) 
(5) If the State Government does not accord its approval to the 
budget estimate under clause (b) of sub-section (3) within two months of 
the receipt thereof, or if the State Government does not communicate its 
approval of the budget estimate to the Board under clause (c) of sub-
section (4) within the 31st March of the financial year immediately 
preceding the financial year to which the budget estimate relates, the 
budget estimate as forwarded to the State Government by the Board 
under clause (b) of sub-section (3) or as resubmitted to the State 
Government by the Board under clause (b) of sub-section (4), as the case 
may be, shall be deemed to have been approved by the State Government 
and shall be the budget estimate of the Board for the financial year to 
which it relates. 
25. The State Government may, after considering the budget 
estimates, the accounts of the Board and such other reports as it may 
call for, make such annual or periodical grants to the Board as it may 
think fit: 
Provided that on the establishment of the Board and before the first 
budget estimate is forwarded to the State Government, it may, after 
considering such report as it may call for from the Board, make such 
initial grant to the Board as may, be considered necessary. 
26. (1) The Board shall have a Fund to be called the West Bengal 
Board of Madrasah Education Fund to which shall be credited— 
(a) all sums which may be paid by the State Government under 
section 25; 
(b) all fees realised under any of the provisions of this Act; 
(c) all sums representing income from endowments or from 
property owned or managed by the Board; and 
(d) all other sums received by or on behalf of the Board from 
any other source whatsoever. 
(2) The Fund shall vest in the Board and shall be under its control 
and shall be held by it in trust for the purposes of this Act. 
(3) All monies payable to the credit of the Fund shall forthwith be 
paid into the Reserve Bank of India or into the State Bank of India or 
any branch thereof or into the United Bank of India or any branch thereof 
to the credit of the Fund, and all cheques drawn on the Fund shall be 
signed by the President or by such other person as he may authorise in 
writing in this behalf. 
27. No expenditure shall be incurred from the Fund except for the 
purposes of this Act and unless such expenditure is provided for in the 
budget as approved under this Act or can be met by reappropriation 
sanctioned in the prescribed manner. 
Payment to 
the Board 
by the State 
Government 
West Bengal 
Madrasah 
Education 
Board Fund.  
Application 
of the West 
Bengal 
Board of 
Madrasah 
Education 
Fund. 
395 
The West Bengal Board of Madrasah Education 
Act, 1994. 
[West Ben. Act 
(Chapter W.—Finance and Audit.—Sections 28-30.) 
Accounts. 
Audit. 
Audit 
Report. 
28. The Board shall keep an account of all its receipts and expenditure 
in the manner prescribed. 
29. (1) The accounts of the Board shall be examined and audited 
annually in such manner as may be prescribed by an auditor or auditors 
appointed by the State Government. 
(2) For the purpose of examination and audit under sub-section (1), 
an auditor appointed under that sub-section may— 
(a) require in writing the production before him of any document 
relating to the Board or the assets thereof which he considers 
to be necessary for the proper conduct of the audit; 
(b) require in writing the personal appearance before him of 
any person accountable for, or having the custody or control 
of, any such document to answer any question relating 
thereto; and 
(c) require any person so appearing before him to submit a 
statement in writing in respect of any such document. 
(3) It shall be the duty of the Board and of every member thereof, 
and of the Secretary and the members of the staff in the service of the 
Board to afford to the auditor every facility for the examination and 
audit of the accounts of the Board and to comply with any requisition 
made by the auditor under sub-section (2) and with the requirement of 
any rule made in this behalf. 
(4) Any person who wilfully neglects or refuses to comply with a 
requisition made under sub-section (2) or with the requirement of any 
rule made in this behalf shall, on conviction, be punishable with fine 
which may extend to one hundred rupees. 
(5) No complaint in respect of any officer punishable under sub- 
section (4) shall be made except with the previous sanction of the State 
Government. 
(6) No Magistrate other than a Judicial Magistrate of the first class 
shall try an offence punishable under sub-section (4). 
30. (1) Not more than fourteen days after completion of the audit 
the auditor shall submit to the State Government a report on the accounts 
audited, and shall send a copy thereof to the Board which shall forward 
it to the State Government together with its observations thereon. 
(2) The State Government shall take such action on the audit report 
as it thinks fit. 
396 
The West Bengal Board of Madrasah Education 
Act, 1994. 
XXXIX of 1994.] 
(Chapter VIL—Supplemental Provisions.—Sections 31-37.) 
CHAPTER VII 
Supplemental Provisions 
31. The Board shall furnish to the State Government such reports, 
returns and statements as may be prescribed, and such further informa-
tion on any matter relating to the Board as the State Government may 
require. 
32. The State Government may, by order in writing specifying the 
reasons thereof, suspend the execution of any resolution or order of the 
Board or any Committee constituted under this Act and prohibit the 
doing of any act which purports to be done or intended to be done under 
this Act, if the State Government is of opinion that such resolution, order 
or act is in excess of the powers conferred by or under this Act upon 
the Board or the Committee, as the case may be. 
33. The members of the Board and of every Committee constituted 
under this Act, persons in the service of the Board and any person 
appointed under this Act to audit the accounts of the Board shall be 
deemed to be public servants within the meaning of section 21 of the 
45 of 1860. 	 Indian Penal Code. 
34. No suit, prosecution or other legal proceeding whatever shall lie 
against any person for anything in good faith done or intended to be 
done under this Act. 
35. A Tribunal appointed under this Act shall have all the powers 
of a Civil Court for the purposes of receiving evidence, administering 
oaths, and enforcing the attendance of witnesses and compelling the 
discovery and production of documents and shall be deemed to be a 
2 of 1974. 	 Civil Court within the meaning of sections 345 and 346 of the Code of 
Criminal Procedure, 1973. 
Board to 
furnish 
information. 
Power of 
State 
Government 
to suspend 
proceedings. 
Certain 
persons to 
be deemed 
to be public 
servants. 
Indemnity. 
Power of 
Tribunals. 
36. No act or proceeding taken under this Act shall be invalid on the Savings. 
ground merely of— 
(a) the existence of any vacancy in, or defects in the initial or 
subsequent constitution of, the Board or any Committee 
constituted under this Act, 
(b) any member of the Board having voted on any matter in 
contravention of the provisions of section 15, or 
(c) any defect or irregularity not affecting the merits of the case. 
37. (1) The President shall make the first regulations for the Transitory 
purposes of this Act. 	 provisions. 
(2) The first regulations shall remain in force for a period of one 
year or until regulations are made by the Board under the provisions of 
this Act, whichever is earlier. 
397 
The West Bengal Board of Madrasah Education 
Act, 1994. 
[West Ben. Act 
(Chapter VII.—Supplemental Provisions.—Sections 38, 39.) 
Power to 	 38. (1) The State Government may, after previous publication, make make rules. 	 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, namely:— 
(a) the acquisition, possession and disposal of property by the 
Board, the conditions of such acquisition, possession and 
disposal, and performance by the Board of any function 
referred to in sub-section (2) of section 3; 
(b) the manner of election of the members of the Board specified 
in clauses (k), (1) and (m) of section 4; 
(c) the composition, powers and functions of the Managing 
Committees of Institutions; 
(d) the procedure to be followed by a Tribunal in deciding on 
questions referred to in sub-section (1) of section 12; 
(e) the method of recruitment, the terms and conditions of 
service including the scales of pay and the rules of discipline 
relating to the Secretary of the Board; 
(f) the rates at which the Board shall pay travelling allowance 
to the persons referred to in section 17; 
(g) the Provident Fund referred to in clause (1) of sub-section (2) 
of section 20 as may be instituted and administered by the 
Board; 
(h) the form in which the budget estimate of the Board, as 
referred to in clause (a) of sub-section (3) of section 24, 
shall be prepared; 
(i) the manner in which all payments to and from the West 
Bengal Board of Madrasah Education Fund shall be made; 
(j) the manner of reappropriation under section 27; 
(k) the manner and form in which accounts of receipts and 
expenditure shall be kept under section 28; 
(1) the manner in which examination and audit of the accounts 
of the Board shall be made; 
(m) the reports, returns and statements to be furnished by the 
Board under section 31 and the forms of such reports, returns 
and statements; 
(n) any other matter required to be prescribed or provided or 
made by rules. 
39. (1) The resolution made under notification No. 211-Education, 
dated the 2nd February, 1973, by the State Government constituting the 
West Bengal Madrasah Education Board (hereinafter referred to as the 
former Board) is hereby repealed. 
Repeal, 
saving and 
validation. 
398 
The West Bengal Board of Madrasah Education 
Act, 1994. 
XXXIX of 1994.] 
(Chapter V11.—Supplemental Provisions.—Sections 40, 41.) 
(2) Upon such repeal,— 
(a) all property and assets under the control of the former Board 
and all rights, liabilities and obligations acquired or incurred 
by the former Board before the commencement of this Act 
shall vest in the Board in accordance with such order as the 
State Government may make in this behalf; 
(b) all legal proceedings or remedies instituted or enforceable 
by or against the former Board before the commencement 
of this Act may be continued or enforced, as the case may 
be, by or against the Board as established under this Act or, 
until the Board is so established, by or against such officer 
or authority as the State Government may by order specify; 
(c) all officers and other persons in the employ of the former 
Board immediately before the commencement of this Act 
shall, until other provision is made, continue in the service 
of the Board; 
(d) all recognised Madrasahs shall be deemed to have been 
recognised under this Act until the expiration of the period 
of recognition, subject, however, to the power of the Board, 
to withdraw recognition in accordance with the provisions 
of this Act; and 
(e) all syllabuses, courses of studies and text-books in force 
shall, until other provision is made under this Act, continue 
to be followed. 
40. The Board shall, in exercising its powers and performing its Board to be 
duties under this Act, be guided by such directions as guided by 
directions of the State Government may, by notification, give from time to time the State 
regarding the scope and content of Madrasah Education. 	 Government. 
41. (I) If in the opinion of the State Government, the Board— 	 Supersession 
of the Board. 
(a) has persistently made default in the performance of duties 
imposed on it, or 
(b) has exceeded or abused its powers, the State Government 
may, by an order published in the Official Gazette and stating 
the reasons therefor, supersede the Board for such period, 
not exceeding two years, as may be specified in the order, 
and take such steps as may be necessary to re-establish the 
Board immediately on the expiry of the period of 
supersession. 
(2) The State Government may, if it considers necessary so to do, by 
order extend or modify from time to time the period of supersession 
which shall in no case in aggregate exceed three years. 
399 
The West Bengal Board of Madrasah Education 
Act, 1994. 
[West Ben. Act 
(Chapter VIL—Supplemental Provisions.—Sections 42-44.) 
Consequences 
of 
supersession. 
Board to 
continue as 
abody 
corporate. 
Re-estabish-
ment of the 
Board. 
42. (1) Notwithstanding anything contained in this Act or in any 
other law for the time being in force, with effect from the date of an 
order of supersession made under section 41,— 
(a) all the members of the Board and the Committees constituted 
under this Act and the President shall vacate their offices, 
(b) all the powers, duties and functions which, under the 
provisions of this Act or any rule or regulation made 
thereunder or of any other law for the time being in force, 
may be exercised or performed by the Board or any of the 
Committees or the President, shall be exercised or performed 
by an Administrator to be appointed by the State Government 
in this behalf: 
Provided that an Administrator appointed under this 
clause may delegate any of his powers, duties or functions 
to such person as he may think fit or to such body as may be 
constituted by him; 
(c) the representatives of the Board on every body, statutory or 
otherwise, shall vacate their respective offices as such 
representatives, and the Administrator may nominate such 
person or persons to represent the Board or that body as he 
may think fit. 
(2) The State Government may, by an order published in the Official 
Gazette, cancel an order made under section 41 and re-establish the 
Board. 
(3) On the re-establishment of the Boa5d under sub-section (3), the 
Administrator shall cease to exercise his powers and perform his 
duties. 
(4) The terms and conditions of service of the Administrator shall 
be such as may be fixed by the State Government by order made in this 
behalf. 
43. For removal of doubts, it is hereby declared that an order of 
supersession made under section 41 shall not effect or imply in any way 
the dissolution of the Board as a body corporate. 
44. (1) The State Government shall, by an order published in the 
Official Gazette, specify the date on which the Board is re-established in 
accordance with the provisions of section 4. 
(2) The State Government shall, by an order published in the Official 
Gazette, specify the dates by which the authorities (other than the State 
Government) shall elect or nominate members referred to in section 4. If 
400 
The West Bengal Board of Madrasah Education 
Act, 1994. 
XXXIX of 1994.] 
(Chapter VII.—Supplemental Provisions.—Section 45.) 
such member or members are not elected or nominated, as the case may 
be, by the specified dates, the State Government shall appoint such 
member or members from amongst the persons qualified for such election 
or nomination, as the case may be. 
(3) Until election of members referred to in section 4 is held, the 
State Government shall appoint such member or members from amongst 
the persons qualified for election under clauses (k), (1) and (m) of 
section 4. 
(4) (a) The members appointed under sub-section (2) shall hold 
office until nomination of members under section 4 is made. 
(b) The members appointed under sub-section (3) shall hold 
office until election of members referred to in section 4 is 
held and the result of such election is published in the 
Official Gazette in this behalf. 
45. If any difficulty arises in giving effect to the provigions of this 
Act, the State Government may make such order or do such thing, not 
inconsistent with the provisions of this Act, as appears to it to be necessary 
or expedient for removing the difficulty. 
Power to 
remove 
difficulties. 
401 

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