LexThe West Bengal Madrasah Service Commission Act, 2008
West Bengal · state statute
Open in Lexace · Ask the AI about this act, Registered No. WB/SC-247 No. W13(Part-III)/2008/SAR-21
Roikata a ate
Extraordinary
Published by Authority
ASVINA 30]
WEDNESDAY, -OCTOBER 22, 2008 [SAKA 1930
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST -BENGAL
LAW DEPARTMENT
Legislative
NOTIBICATION
No. 1605-L.--22nd October, 2008.—The following Act of the:West Bengal Legislature, having been assented to by
the Governor, is hereby published for general information:—
West Bengal Act XXV of 2008
THE WEST BENGAL MADRASAH SERVICE
COMMISSION ACT, 2008.
[Passed hy the-West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette,
-Extraordinary, of the 22nd October, 2008.]
An Act to provide for the constitution of Madrasah Service Commission in West
Bengal and for Matters Obnnected thethwith,orinCidental thereto. —
WHEREAS it 'is expedient to provide for the constitution of Madrasah Service
Commission in West Bengal 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:—
Short title,
commencement
and application.
1. (1) This Act may be called the West Bengal Madrasah Service Commission
Act, 2008.
THE KOLITA GAZETTE, EXTRAORDINARY, OCTOBER 22, 2008
[PART Ili
The West Bengal Madrasah Service Commission Act, 2008.
(Section 2.)
Definitions.
(2) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
(3) This Act shall apply to all Recognized Non-Government Aided Madrasahs in
West Bengal.
2. In this Act, unless the context otherwise requires,—
(a) "Ad hoc Committee" means the ad hoc Comttee of the Madrasah
formed by the West Bengal Board of Madrasah Education;
(b) "Administrator" means the Administrator appointed by the West Bengal
Board of Madrasah Education;
(c) "Appointing authority" means the Managing Committee, ad hoc
Committee or the Administrator, as the case may be, and includes, in case
of absence of Managing Committee, ad hoc Committee or the
Administrator, the Headmaster, the Headmistress or the Teacher-in-charge,
as the case may be;
(d) "Board" means the West Bengal Board of Madrasah Education established West Ben. Act
under the West Bengal Board of Madrasah Education Act, 1994; xxxrx o r 1994.
(e) "Chairman" means the Chairman of the Commission;
(f) "Corrimission" means the West Bengal Madrasah Service Commission
constituted under section 3 of this Act;
(g) "Competent authority" means the West Bengal Board of Madrasah
Education, Director, Public Instruction, Director, School Education,
Director, Madrasah Education;
(h) "Council" means the West Bengal Council of Higher Secondary Education
established under the West Bengal Council of Higher Secondary Education West Ben. Act
VIII of 1975.
Act, 1975;
(i) "Director" means the Director of Madrasah Education;
(j) "Headmaster" or "Headmistress" means the head of the teaching staff of
a Madrasah, by whatever name designated, and includes Superintendent
of Senior Madrasah;
(k) "Madrasah" means a Recognized Non-Government Aided Senior
Madrasah, Junior High Madrasah, High Madrasah or Higher Secondary
Madrasah imparting instruction in—
(i) High Madrasah Education System within the meaning of sub-
clause (i),
(ii) Senior Madrasah Education System within the meaning of sub-
clause (ii),
of clause (g) of section 2 of the West Bengal Board of Madrasah Education
Act, 1994; or
(iii) Higher Secondary Education;
Explanation 1.—"recognised" with its grammatical variations, used
with reference to a Madrasah, shall mean—
(a) recognized or deemed to have been recognized under the West
Bengal Board of Madrasah Education Act, 1994, or
(b) recognized under the West Bengal Council of Higher Secondary
Education Act, 1975;
Explanation II.—"Aided" with its grammatical variations, used with
reference to a Madrasah, shall mean aided by the State Government in
the shape of financial assistance towards basic pay of the teachers of
Madrasah;
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 22, 2008 3
The West Bengal Madrasah Service Commission Act, 2008.
(Sections 3, 4.)
Explanation III.—"basic pay" shall mean the monthly pay of a teacher
of a madrasah which corresponds to a stage in the timescale of pay of
the post held by the teacher in that madrasah;
Explanation 1V.—"Madrasah Education" shall have the same meaning
as in clause (g) of section 2 of the West Bengal Board of Madrasah
Education Act, 1994;
Explanation V.—"Higher Secondary Education" shall have the same
meaning as in clause (d) of section 2 of the West Bengal Council of
Higher Secondary Education Act, 1975;
(1) "Managing Committee means the Managing Committee constituted under
the West Bengal Board of Madrasah Education Act,1994;
(m) "member" means:a member;of the Commission, and includes the Chairman;
(n) "notification"' means a notification published in the Official Gazette;
(o) "prescribed" means prescribed by rules made under this Act;
(p) "recommended" means recommended by the Commission;
(q) "regulations" means the regulations made by the Commission under this
Act;
(r) `'Secretary" means the Secretary of the Commission;
(s) 'Teacher" means an Assistant Teacher, or any other person holding a
-teaching post of a madrasah recognized as such by the Board or the
Council, as the case may be, and shall include the Headmaster, the
Headmistress or the Superintendent;
(t) "vacant post" means a vacancy, caused by—
(i) creation of new post by the State Government, or
(ii) retirement, death, 'resignation, removal ,or dismissal of any person
from the post of teacher, the post having been sanctioned by the
Competent authority or the State Government,
but shall not include a Short-term vacancy due to deputation, leave or lien
and that of a part time post or the post of Assistant Headmaster or
Assistant Headmistress.
West Ben. Act
XXX1X of 1994.
West Ben. Act
viii of 1975.
Constitution of
Commission.
Composition of
the Commission.
3. (1) The State Government shall, with effect from such date as it may, by
notification, appoint, constitute a Commission by the name of the West Bengal
Madrasah Service Commission.
(2) The State Government may, if it thinks necessary and deems fit, constitute
regional commission by the name of the West Bengal Regional Madrasah Service
Commission under the West Bengal Madrasah Service Commission for such region
as it may consider necessary or open its branch office, if necessary.
(3) The State Government may, by notification, enlarge or reduce the territorial
jurisdiction of a Regional Commission.
4. (1) The Commission shall consist of one Chairman and four members.
(2) The Chairman shall be an eminent educationist having profound knowledge
in Islamic Culture and well-versed in education and teaching experience, either as a
teacher of a university, or as a Principal of a college, for a period of not less than
twelve years,-or as a teacher, other than Principal of a college, for a period of not
less than fifteen years, or an officer of the State Government not below the rank of
Joint Secretary.
4 THE KOLKATA GAZEFIE, EXTRAORDINARY, OCTOBER 22, 2008 [PART IL
The West Bengal Madrasah. Service Commission Act, 2008.
(Sections 5-7.)
(3) Of the four members under sub-section (1), one shall be a person who, not
being an educationist, occupies or has occupied, in the opinion of the State Government,
a position of eminence in public life or in Legal or Administrative service, one shall
be an eminent educationist having profound knowledge in Islamic Theology and
Culture, and the others shall have teaching experience, either as a teacher of a
university, or as a Principal of a college, for a period of not less than ten years. or
as a teacher, other than Principal of .a college, or as a Headmaster or Headmistress
or Superintendent of a Madrasah, for a period of not less than fifteen years.
Appointment,
terms and
conditions of
service of
Chairman and
members.
Staff of
Commission.
5. (1) The Chairman and other members of the Commission shall.be appointed
by the State Government.
(2) The Chairman and other members, appointed under sub-section -(1), shall hold
office for .a term of four years:
Provided that a person who has held office as Chairman or other members 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.
(3) 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 he, the duties of the Chairman or the other memher, as the case may
be, shall be performed by such other member as the State Government may appoint
in this behalf.
(4) The Chairman or any other member may resign his office by writing under
-his hand addressed to the State 'Government, but he shall continue in office until his
resignation is accepted by the State Government.
(5) The office of the Chairman and other members shall be honorary:
Provided that the State Government may, if it thinks necessary, by notification,
declare the post of Chairman to be whole-time.
(6) The salary or the honorarium, as the case may be, and other perquisites of
the Chairman and the honorarium of the other members shall be such as may be
determined by the State Government.
(7) Subject to the provisions of sub-sections (5) and (6), other terms and conditions
of -service -of the -Chairman and other members shall be such as may be -prescribed.
6. The State Government may, after making inquiry in such manner as may
be prescribed, remove the Chairman and other member from his office on the
ground of—
(a) misconduct involving moral turpitude, or
(b) insolvency, or
(c) infirmity of body or mind, or
(d) financial irregularity, or
(e) corruption.
7. (1) The staff of the Commissoin 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.
Removal of
Chairman and
members.
PART III]
THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 22, 2008 5
The West Bengal Madrasah Service Commission Act, 2008.
Functions of
Commission.
Appointment
made in violation
of this Act shall
be invalid.
(Sections 8-12.)
(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.
8. 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
Commission to select and recommend persons to be appointed to the vacant posts of
teachers in accordance with the provisions of this Act and the rules made thereunder.
9. (1) The manner and scope of selection of persons for appointment to the posts
of teachers in Madrasahs shall be such as may be prescribed.
'(2) The procedure for conduct of business of the Commission shall be such as
may be provided for by -regulations.
10. Notwithstanding anything contained in -any other law for the time being in
force or any contract :custom or usage to the contrary, the Managing Committee, the
ad hoc Committee or the Administrator, as the ,case may be; ghall bebound to appoint
the candidate recommended by the Commission to the post of teacher in the madrasah
concerned as per vacancy report:
Provided that in the absence of the Managing`Committee, ad hoc Committee ,or
the Administrator, the Headmaster or the :Headmistress _or the Teacher-in-charge is
empowered to issue appointment letter to the candidate. recommended by the
Commission. Such matter should be ratified at the next available meeting of the
Managing 'Committee,,dd hoc ComMittee or by-the Administi-ator, as the case may
be:
Provided further that theManaging Conimittee, ad hoc Committee, The Administrator
or the Headmaster or :the Headmistress or the Teacher-in-charge .as the case may be,
shall, if any error is detected in the recommendation, immediately bring it to the notice
of the Commission for removal of such -error.
11. 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 teacher so appointed shall not be a -teacher within the meaning of
clause (s) of section 2.
Manner and scope
of selection and
procedure for
conduct of
business of
Commission.
Effect of
recommendation
of Commission.
Penalty. 12. {1) If the Managing Committee, the ad hoc Coimnittee or the Administrator
of a Madrasah, as the case may be, refuses, fails or delays to issue appointment letter
to the candidate recommended by the Commission within the period stipulated in the
letter recornmendation by the'Commission, -without any reasonable ground, the State
Government may tdirect the Board to dissOlve the Managing Committee orthe ad hoc
Committee, .or disdharge the Administrator, as the case may be, nor stop all financial
assistance to such Madrasah recording reasons thereof and.may also issue direction
upon the Board or Coaneil, as the case may be, to withdraw recognition or-affiliation
of such Madrasah.
(2) In case .of failure to issue appointment letter to the candidate recommended
by the CommiSsiOn is on the part of the Superintendent, the Headmaster, the Headmistress
or the Teacher-in-charge of a Madrasah, he shall be subject to such disciplinary
proceedings as may be prescribed.
(3) Every rule made by the State Government under this Act shall be laid, as soon
as may be after it is made, before the State Legislature.
19. (1) The 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 section 7;
(b) the procedure for the conduct of business of the Commission under sub-
section (2) of section 9.
Powers to make
regulations.
6 • THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 22, 2008 . [PART
The West Bengal Madrasah Service Commission Act, 2008.
Protection of
teachers.
Power of
Commission to
call for records
etc.
Submission of
report to the State
Government.
Members etc. to
be public servants.
Validation.
Power to make
rules.
(Sections 13-19.)
13. Notwithstanding anything contained elsewhere in this Act, the terms and
conditions of service of teachers in the employment of a Madrasah 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.
14. The Commission may call for any record, report or other information from
any Madrasah or Board or Council if, in its opinion, such record, report or other
information is necessary for efficient discharge of its functions, and the Madrasah or
the Board or the Council, as the case may be, shall furnish such record, report or the
information to the Commission.
15. It shall be the duty of the Commission to present annually to the State
Government a report as to the work done by the Commission and, on receipt of such
report, the State Government shall cause a copy thereof to be laid before the State
Legislature.
16. The Chaiuuan and other members and persons appointed under this Act shall,
while acting or purporting to act under this Act, be deemed to be ; ublic servants within
the meaning of section 21 of the Indian Penal Code, 1860.
17. The proceedings of the Commission shall not be invalid by reason of any
vacancy in the office of the Chairman or any other member.
18. V) 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 section 5;
(b) the manner in which an inquiry is to be made for removal of the Chairman
or any member under section 6;
(c) the terms and conditions of service of the Secretary under section 7;
(d) the manner and scope of selection of persons for appointment to the posts
of teachers under section 9;
(e) any other matter which may be, or is required to be, prescribed.
45 of 1860.
Direction by State
Government.
Dissolution of
Commission.
Removal of
difficulties.
Cessation of
Interim
Committee.
PART III]
THE KOLKATA GAZETTE, EXTRAORDINARY OCTOBER 22, 2008 7
The West Bengal Madrasah Service Commission Act, 2008.
(Sections 20-23.)
20. In the discharge of its functions, the Commission shall be guided by such
directions as may be given to it by the State Government in conformity with the
provisions of this Act.
21. (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.
22. If any difficulty arises in giving effect to the provisions of this Act, the State
Government may take such steps or issue such orders not inconsistent with the
provisions of this Act, as the State Government may consider necessary for removal
of such difficulties.
23. On and from such date when the Commission starts functioning under
section 3 of this Act, the pending and incomplete work of Interim Committee constituted
vide Notification No. 94-MD, dated the 21st January, 2008, issued by the State
Government shall switch over to the Commission which shall have the power to
dispose of the same and the Interim Committee shall cease to exist immediately.
By order of the Governor,
ANINDYA BHATTACHARYYA,
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