LexThe West Bengal Primary Education Act, 1973
West Bengal · state statute
Open in Lexace · Ask the AI about this actWest Bengal Act XLIII of 1973 THE WEST BENGAL PRIMARY EDUCATION ACT, 1973. [Passed by the West Bengal Legislature.] [Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 20th September, 1974.] [20th September, 1974.] An Act to make better provision for the development, expansion, management and control of primary education with a view to making it universal, free and compulsory. WHEREAS H. is expedient to make better provision for the development, expansion, management and control of primary education with a view to making it universal, free and compulsory; It is hereby enacted in the Twenty-fourth Year of the Republic of India, by the Legislature of West Bengal, as follows:— PART I CHAPTER I Preliminary 1. (1) This Act may be called the West Bengal Primary Education Short title, Act, 1973. extent and COMMell" ,;- (2) It extends to the whole of West Bengal. ment. (3) It shall come into force.in such areas and on such Oates as the State Government may, by notification, appoint and different dates may be appointed for different areas or for different provisions of this Act. 2. In this Act, unless there is anything repugnant in the subject or Definitions. context,— (i) "attendance" at a school means presence for instruction at a primary school for so many days in a school year and at such time or times on each day of attendance as may be required by the prescribed educational authority; (ii) "Board" means the West Bengal Board of Primary Education established under this Act; 377 The West Bengal Primary Education Act, 1973. [West Ben. Act (Part I.—Chapter 1.—Preliminary.—Section 2.) (iii) "Calcutta" means Calcutta as defined in the Calcutta West Ben. Municipal Act, 1951; Act XXXII' of 1951. (iv) "Chairman" means the Chairman of a Primary School Council; (v) "child" means ahoy or girl who has completed six but not eleven years of age at the beginning of a school year: Provided that a boy or girl who completes six years of age within ninety days from the beginning of a school year shall . be deemed to be a child; (vi) "Director" means the Director of Public Instruction, Government of West Bengal; (vii) "District Inspector of Schools (Primary Education)", "District Officer for Physical Education and Youth Welfare", "District Social Education Officer" and "District Special Officer for Scheduled Castes and Tribes Welfare" mean the respective officers designated as such by the State Government; (viii) "Distritt School Board" means a District School Board established under the Bengal (Rural) Primary Education Act, Ben. Act VII 1930; of 1930. (ix) "guardian" means any person to whom the care, nurture or custody of any child falls by law or by natural right or recognised usage, or who has accepted or assumed the care, nurture or custody of any child or to whom the care or custody of any child has been entrusted by any lawful authority; (x) "hill area" means the area included within the district of Darjeeling excluding the Siliguri Sub-division; (xi) "Junior Basic Training Institution" includes a Primary Training School and a Senior Teachers' Training School for women recognised by the Director; (xii) "linguistic minority community" means a community whose mother tongue is any language other than Bengali; (x iii) "municipality" means any place in .. which the Bengal Ben. Act XV Municipal Act, 1932 or the Chandemagore Municipal Act, of 1932. West Ben. 1955 or the Howrah Municipal Act, 1965 is in force and Act XVIII includes an area constituted by the State Government as a of 1955. West Ben. notified area under section 93A of the Bengal Municipal Act, Act XVII 1932; of 1965. (xiv) "non-specified.municipality" means a municipality other than a specified municipality; (xv) "notification" means a.notification published in the Official Gazette; 378 The West Bengal Primary Education Act, 1973. XLIII of 1973.] (Part II—Chapter II.—The Board.—Sections 3, 4.) (xvi) "President" means the President of the West Bengal Board of Primary Education; (xvii) "primary education" means education in such subjects and up to such standard as may be prescribed; (xviii) "primary school" means a school or a department of a school giving instruction in primary education recognised or deemed to be recognised as a primary school under this Act; (xix) "Primary School Council" means a Primary School Council established under this Act; (xx) "prescribed" means prescribed by rules made by the State Government under this Act; (xxi) "school year" means the year beginning with such date as the Board may, with the previous approval of the State Government, fix; (xxii) "specified municipality" means a municipality or a group of two or more municipalities specified by the State Government by notification for the purposes of this Act; (xxiii) "Vice-Chairman" means the Vice-Chairman of the Primary School Council; (xxiv) "Vice-President" means the Vice-President of the West Bengal Board of Primary Education; (xxv) "year" means a year beginning on the first day of April. PART H CHAPTER II The Board 3. (1) The State Government shall, by notification, establish, with Establishment effect from such date as may be specified in the notification, a Board to andmc)co rpo- be called the West Bengal Board of Primary Education. West Bengal Board of (2) The Board shall be a body corporate with perpetual succession Primary and a common seal, shall be entitled to acquire, hold and dispose of Education. property, to enter into contracts and to do all other things necessary for the purposes of this Act, and shall by its corporate name sue and be sued. 4. The Board shall consist of the following members, namelyH composition of the Board. (a) an officer not below the rank of a Deputy Director of Public Instruction, Government of West Bengal, to be nominated by the State Government; 379 The West Bengal Primary Education Act, 1973. [West Ben. Act (Part 11.—Chapter 11.—The Board.—Section 4.) (b) two teachers of Junior Basic Training Institutions, of whom one shall be the head of one such Institution, elected in the prescribed manner by the teachers of Junior Basic Training Institutions from amongst themselves; (c) eight teachers of primary schools of whom at least two shall be women, elected in the prescribed manner in accordance with the system of proportional representation by means of the single transferable vote by the members of the Primary School Councils who arc representatives of teachers of primary schools in Primary School Councils; (d) one person elected in the prescribed manner by the Councillors of the Calcutta Corporation; (c) four persons elected in the prescribed manner in accordance with the system of proportional representation by means of the single transferable vote by the Commissioners of municipalities; (f) three persons elected in the prescribed manner in accordance with the system of proportional representation by means of the single transferable vote by the members of the Zilla Parishads; (g) two members from each of the districts of Midnapore and 24-Parganas and one member from each of the other districts, from among the members of the West Bengal Legislative Assembly elected in the prescribed manner by the members of the Assembly from that district and one member from Calcutta elected by the members of the Assembly from Calcutta; (h) twelve persons interested in education nominated by the State Government of whom at least— (i) one shall be a woman; (ii) one shall be a member of the Anglo-Indian Community; (iii) one shall be a member of a Scheduled Caste; (iv) one shall be a member of a Scheduled Tribe; (v) one shall he a member of any of the linguistic minority communities in the State; (vi) one shall be an inhabitant of a hill area; (vii) one shall be a medical practitioner; (viii) one shall be a member of the West Bengal Board of Secondary Education. 380 The West Bengal Primary Education Act, 1973. XLIII of 1973.] (Part 11.—Chapter 11.—The Board.—Sections 5:9.) 5. (1) If by such date as may be fixed by the State Government in this behalf any of the authorities fails to elect a member or members as provided in section 4, the State Government shall appoint member or members qualified for election 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 sixteen suitable persons to be members to hold office until the said Assembly is reconstituted and sixteen representatives are elected by the members thereof. (2) A person appointed under this section shall be deemed to be a member of the Board duly elected under section 4. Appointment in default of election. 6. The name of every person elected or nominated under section 4 Publication or appointed under section 5 as a member of the Board shall be ffi 'flani"„ of f published by the State Government in the Official Gazette as soon as the Board. may be after the election, nomination or appointment, as the case may be. 7. (1) Subject to the provisions of this Act, every elected, Term of nominated or appointed member of the Board shall hold office for a fontfil( e)rsf of term of four years from the date of the first meeting of the Board at the Board. which a quorum is present 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 mentioned in sub-section (1), every elected, nominated or appointed member of the Board shall continue to hold office until the first meeting of the newly-formed Board at which a quorum is present. 8. If any member of the Board dies or resigns his office or ceases to be a member for any other reason the vacancy shall be filled up by fresh election or nomination 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: Provided that no election shall be held to fill a vacancy of a member occurring within six months from the date on which the term of the office of the member expires. 9. (1) There shall be a President and a Vice-President of the Board. (2) The President and the Vice-President shall be elected by the members of the Board from among themselves in such manner as may be prescribed and shall, subject to the provisions of section 10, hold office for a term of four years mentioned in section 7: President and Vice- President of the Board. Casual vacancies. .11 381 The West Bengal Primary Education Act, 1973. [West Ben. Act Removal of the President and the Vice- President. (Part11.—Chapter 11.—The Board.—Sections 10, 11.) Provided that until a President is elected by the members of the Board for the first time the State Government may appoint a person to be the President of the Board and the person so appointed shall hold office until a President is elected by the members of the Board and assumes office. (3) The President and the Vice-President shall receive such pay or allowances or both as may be fixed by the State Government. (4) The President may resign his office by giving notice in writing to the State Government and when such resignation is accepted by the State Government the President shall be deemed to have vacated his office. (5) The Vice-President may resign his office by giving notice in writing to the President and when such resignation is accepted by the President the Vice-President shall be deemed to have vacated his office. 10. If at a meeting of the Board specially convened for the purpose a resolution is passed against the President or the Vice-President by a majority of the then members of the Board and by a majority of not less than two-thirds of the members of the Board present and voting such resolution shall have the effect of removing the President or the Vice-President, as the case may be, from his office as from the date on which the resolution is so passed. Discharge of 11. (1) (a) In the event of the occurrence of any vacancy in the President's office of the President by reason of his death, resignation or removal, or functions in certain otherwise, or contin- gencies. (b) when the President is unable to discharge his functions, owing to absence, illness or any other cause, the Vice-President shall exercise the powers, perform the functions and discharge the duties of the President until a new President is elected and assumes office or until the President resumes his duties, as the case may be. (2) In the event of the occurrence of vacancies in the offices of both the President and the Vice-President the State Government may appoint a member of the Board to exercise the powers, perform the functions and discharge the duties of the President until a President or a Vice-President is elected and assumes office. (3) A President elected to fill a casual vacancy shall hold office for the unexpired portion of the term of the President whose place he fills. 382 The West Bengal Primary Education Act, 1973. XLIII of 1973.] (Part 11.—Chapter 11.—The Board.—Sections 12-14.) 12. (1) A person shall be disqualified for being elected, nominated Disquali - or appointed a member of the Board if he— memberfor membership. (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 involving moral turpitude; (c) 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 interest in any work done by order of, or in any contract entered into on behalf of, the Board. (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 (1), his membership shall thereupon cease with effect from such date as the State Government may direct. 13. (1) A member of the Board may resign his office by giving notice 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, remove any member if he— (a) refuses to act or becomes incapable of acting as a member of . the Board, or (h) acts in a manner prejudicial to the interests of the Board, or (c) without obtaining the consent of the President is absent from four consecutive meetings of the Board: Provided that before such removal the member concerned shall be given an opportunity of being heard. 14. (I) The Board shall meet at least three times a year. Meetings of (2) Every meeting of the Board shall be convened by the Secretary the Board. to the Board under instructions of the President: Provided that the President shall, when required in writing by one-third of the members of the Board to convene a meeting, direct the Secretary to do so within seven days from the date of receipt of the requisition and if no meeting is convened within the said period the members aforesaid may convene a meeting after giving seven clear days' notice to the President and other members of the Board. Resignation and removal of members. 383 The West Bengal Primary Education Act, 1973. [West Ben. Act (Part I!. Chapter II.—The Board.—Sections 15-17.) Conduct of meetings. Restriction on voting. Secretary, Finance Officer and other persons in the service of the Board. 15. (1) The President or in his absence the Vice-President shall preside at a meeting of the Board and in the absence of both the President and the Vice-President one of the members of the Board elected from amongst those present shall preside at the meeting of the Board, and the President or the Vied-President or such member shall be entitled to vote on any matter and shall have a second or casting vote in every case of equality of votes. (2) Subject to the provisions of sub-section (1), the Board shall have the power to regulate the procedure for the conduct of its business. 16. (1) No member of the Board shall vote on any matter in which he has any personal or precuniary interest or if it relates to any primary school of which he is either a teacher or a member of the managing committee. (2) The President or the Vice-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. 17. (1) The Board shall have a Secretary who shall be appointed by the State Government. (2) The State Government may, if it so thinks fit, appoint a Finance Officer for the Board. (3) The Board may, subject to the prior approval of the State Government, create such posts of officers and employees as it considers necessary for carrying out the purposes of this Act: Provided that no officer or employee shall be appointed to any post carrying a monthly salary of three hundred rupees or more without the prior approval of the State Government. (4) The terms and conditions of service and the scales of pay and allowances, if any, shall, as respect the Secretary, the Finance Officer, if any, and other officers and employees, be such as may be fixed by the State Government. (5) The pay and allowances of the Secretary and the Finance Officers, if any, shall be paid out of the fund of the Board. (6) 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 !meting of the Board, but shall not be entitled to vote. (7) The Finance Officer shall perform such functions and discharge such duties as may be prescribed. 384 The West Bengal Primary Education Act, 1973. XLIII of 1973.] (Part IL—Chapter 11. The Board.—Section 18.—Chapter III.—Powers and functions of the Board and the President.—Section 19.) (8) Subject to prescribed conditions, the Board may award any punishment including dismissal or removal of the members of its staff oiner than the Secretary and the Finance Officer. 18. Such members of the Board or of any Committee thereof as are Travelling not in the service of the State Government shall, in respect of expenses allowance. 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 Powers and functions of the Board and the President 19. (1) 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 guide, supervise and control primary education, and in particular the power— (a) to prepare and maintain a register of primary schools; (b) to provide by regulations, after considering the recommen- dations, if any, of the Curriculum Committee, the syllabus, the courses of studies to be followed and the books to be studied in primary schools and for examinations conducted by the Primary School Councils; (c) to maintain and publish, from time to time, lists of books approved for use in primary schools and for examinations conducted by the Primary School Councils and to remove the name of any such book from any such list; (d) to institute with the approval of the State Government such examinations as it may think fit, and to make regulations on all aspects connected with such examinations; (c) to make regulations regarding the conditions to be fulfilled by candidates presenting themselves for examinations conducted by the Primary School Councils; (f) to exercise general supervision and control over the work of the Primary School Councils and for that purpose to issue such instructions to the Primary School Councils relating to primary education as it may think fit and to call for reports from the Primary School Councils on matters relating to primary education; Powers and functions of the Board. 385 The West Bengal Primary Education Act, 1973. [West Ben. Act (Part 11.—Chapter 111.—Powers and functions of the Board and the President.—Section 19.) (g) to administer theWest Bengal Board of Primary Education Fund; (h) to institute and administer such provident funds as may be prescribed; (i) to make regulations relating to the conduct, discipline and appeal in respect of the members Of the staff of the Board; (j) to make regulations relating to the conduct and discipline in respect of teachers and non-teaching staff of primary schools under the Primary School Councils; (k) to transfer any teacher or non-teaching staff from a primary school within the jurisdiction of one Primary School Council to a primary school within the jurisdiction of another Primary School Council; (I) to make regulations determining the mode of teaching and the medium of instruction to be followed in primary schools; (m) to make regulations for deciding any dispute relating to primary schools but not relating to teaching or non-teaching staff of such schools; (n) to determine, with the approval of the Director, the hours of instruction and the number and duration of vacations; (o) to hear appeal in the prescribed manner from the decision of a Primary School Council granting or refusing to grant recognition to any primary school; (p) to advise the State Government on all matters relating to primary education referred to it by the State Government; (q) to grant financial aids to Primary School Councils for the development of primary education or for any other purpose; (r) to perform such other functions and discharge such other duties as may be prescribed. (2) Subject to the provisions of sub-section (1), the Board shall have the power to make regulations in respect of any matter for the proper exercise of its power under this Act: Provided that no regulation shall be valid unless it is approved by the State Government. (3) The State Government may, in according the approval referred to in the proviso to sub-section (2), make such additions, alterations and modifications therein as it thinks fit: Provided that before making any such additions, alterations or modifications the State Government may, if it thinks fit, give the Board an opportunity to express its views thereon within such period as may be specified by the State Government. 386 The West Bengal Primary Education Act, 1973. XLIII of 1973.] (Part 11.—Chapter 111.—Powers and functions of the Board and the President.—Sections 20, 21.—Chapter IV.—Committees of the Board.—Sections 22, 23.) (4) All regulations approved by the State Government shall be published in the Official Gazette. 20. (1) The President shall be responsible for carrying out and Powers giving effect to the decisions of the Board and of any Committee and duties of the thereof. President. (2) The President may, in any emergency, exercise any of the powers of the Board, provided, however, that he shall not act contrary to any decision of the Board, and shall within one month, report to the Board the action taken by him together with reasons therefor. (3) The President shall— (a) exercise general supervision and control over the Secretary, the Finance Officer, if any, and the staff appointed by the Board and post and transfer the members of the staff; (b) sanction all claims of travelling allowance; (c) take such other action not inconsistent with any decision of the Board as he considers necessary for the proper functioning of the Board under this Act. 21. The Vice-President shall exercise such powers, perform such Powers functions and discharge such duties as may be delegated to him by the and duties President in writing with the approval of the Board. of the V President. CHAPTER IV Committees of the Board 22. Within such time as may be prescribed after the Board is committees. established, the Board shall constitute the following Committees, namely:— (a) the Curriculum Committee; (b) the Evaluation Committee; (c) the Development Committee; (d) the Finance Committee. 23. (1) The Curriculum Committee shall consist of the following curriculum members, namel Committee. y;— (a) the President; (b) an officer not below the rank of a Deputy Director of Public Instruction, Government of West Bengal, to be nominated by the State Government; 387 The West Bengal Primary Education Act, 1973. (Part IL—Chapter IV.—Committees of the Board.—Section 24.) (c) the Principal, State Institute of Education; (d) one of the two members of the Board referred to in clause (b) of section 4 elected in the prescribed manner by the Board; (e) three teachers of primary schools elected in the prescribed manner by the Board; (f) one teacher of a secondary school elected in the prescribed manner by the West Bengal Board of Secondary Education; two persons having special knowledge of science, art, crafts or primary education, who may or may not be members of the Board, nominated by State Government. (h) two out of sixteen members of the Board referred to in clause (g) of section 4 elected in the prescribed manner by the Board. (2) The President shall be the Chairman of the Curriculum Committee and the Secretary to the Board shall be the Secretary to the said Committee. (3) It shall be the duty of the Curriculum Committee to— (a) advise the Board about the syllabus and courses of studies to be followed in primary schools as well as for examinations instituted or conducted by the Board or the Primary School Councils; (b) advise the Board on any matter relating to the syllabus, courses of studies or books to be studied, as may be referred to it by the Board. (4) The Curriculum Committee may appoint such Sub-Committee or Sub-Committees as it may consider necessary to advise it upon any matter referred to in sub-section (3) and it shall not be necessary for any member of such a Sub-Committee to be a member of the said Committee or the Board. Evaluation 24. (1) The Evaluation Committee shall consist of the following Committee. members, namely:— (a) the President; (b) an officer not below the rank of a Deputy Director of Public Instruction, Government of West Bengal, to be nominated by the State Government; (c) the Principal, State Institute of Education; (d) the Principal of a Post-Graduate Basic Training College, elected in the prescribed manner by the Board; (g) [West Ben. Act 388 The West Bengal Primary Education Act, 1973. XLIII of 1973.] (Part H.—Chapter 1V.—Committees of the Board.—Section 25.) (e) one of the two members of the Board referred to in clause (b) of section 4 elected in the prescribed manner by the Board; (f) the Evaluation Officer attached to the Bureau of Educational and Psychological Research or any other officer of the State Government having knowledge of evaluation, nominated by the Director; (g) one teacher of a High School elected in the prescribed manner by the West Bengal Board of Secondary Education; (h) three teachers of primary schools elected in the prescribed manner by the Board; (i) three persons having special knowledge in primary education or evaluation, who may or may not be members of the Board, nominated by the State Government; (j) two out of sixteen members of the Board referred to in clause (g) of section 4 elected in the prescribed manner by the Board. (2) The President shall be the Chairman of the Evaluation Committee and the Secretary to the Board shall be the Secretary to the said Committee. (3) It shall be the duty of the Evaluation Committee— (a) to assess from time to time the standard of instruction in a primary school with reference to the norms and objectives set by the Board and to suggest improvement on the basis of such assessment; (b) to advise the Board on such other matter relating to progress, improvement and development of the academic aspect of primary education as may be assigned to it by the Board. (4) The Evaluation Committee may appoint such Sub-Committee or Sub-Committees as it may consider necessary to advise it upon any matter referred to in sub-section (3) and not more than half of the total members of such Sub-Committee may consist of persons who are not members of the said Committee or the Board. 25. (1) The Development Committee shall consist of the following Development members, namely:— Committee. (a) the President; (b) an officer of the Education Department, Government of West Bengal, nominated by the State Government; (c) a woman officer of the Education Department, Government of West Bengal, nominated by the State Government; 389 The West Bengal Primary Education Act, 1973. [West Ben. Act (Part 11.—Chapter 1V.—Committees of the Board.—Section 26.) (d) one officer of the Directorate of Health Services, Government of West Bengal, not below the rank of a Deputy Director, nominated by the Director of Health Services, Government of West Bengal; (e) three of the eight members of the Board referred to in clause (c) of section 4 elected in the prescribed manner by the Board; (f) the member of the Board referred to in clause (d) of section 4; (g) one of the four members of the Board referred to in clause (e) of section 4 elected in the prescribed manner by the Board; (h) one of the three members of the Board referred to in clause (1) of section 4 elected in the prescribed manner by the Board; (i) two out of the sixteen members of the Board referred to in clause (g) of section 4 elected in the prescribed manner by the Board: (j) two persons who may or may not be members of the Board nominated by the State Government. (2) The President shall be the Chairman of the Development Committee and the Secretary to the Board shall be the Secretary to the said Committee. (3) It shall be the duty of the Development Committee to— (a) advise the Board in the matter of improvement and development of primary schools in all aspects, including schemes for universal, free and compulsory education, construction of building, welfare of students and teachers and other staff, good relationship between guardians, teachers and students, community participation in schools, meals supplied in schools and the health of the students in schools; (b) advise on any other matter assigned to it by the Board relating to progress, development and impmvement of primary education excepting those allotted to the Curriculum or the Evaluation Committee. Finance 26. (1) The Finance Committee shall consist of the following committee members, name) y:— (a) the President; (b) the Secretary to the Board; (c) two persons having knowledge in financial matters nominated by the State Government; (d) two members of the Board elected in the prescribed manner by the members of the Board of whom one shall be a teacher of a Primary School. 390 The West Bengal Primary Education Act, 1973. XLIII of 1973.] (Part 11.—Chapter 1V.—Committees of the Board.—Sections 27-29.) (2) The President shall be the Chairman of the Finance Committee and the Finance Officer, or if there is no Finance Officer, the Secretary to the Board shall be the Secretary to the said Committee. (3) It shall be the duty of the Finance Committee to prepare the budget of the Board, to advise the Board on all financial matters and to perform such other functions as may be prescribed. 27. (1) The Board may, with the approval of the State Government Power to and subject to such directions as the State Government may issue in this o cothnesrtitute behalf, constitute such other Committee or Committees as it may think Committees. fit and any such Committee may be composed wholly or in part of members of the Board. (2) The Board may, with the approval of the State Government, delegate to any such Committee any of its powers or functions and may in like manner withdraw from it any such power or function. 28. (1) An elected, a nominated or an appointed member of any Committee who is also a member of the Board, shall continue to hold office until he ceases to be a member of the Board. (2) An elected, a nominated or an appointed member of any Committee who is not a member of the Board, shall hold office for such term, as may be prescribed and may on expiration of such term, be re-elected, re-nominated or re-appointed: Provided that notwithstanding the expiration of the said term, an elected, a nominated or an appointed member of a Committee 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. (3) The provisions of section 5 and of sections 8, 12 and 13 shall apply, mutatis truitandis, to members of any Committee as if reference to the Board or the President were references to such Committee or the Chairman of such Committee. Term of office of members of the Committees. 29. The State Government may, on the recommendations of the Power of the Stat Board, if it so thinks fit, dissolve any of the Committees of the Board Gove e Government and may direct the Board to take steps for the reconstitution of the to dissolve Committee so dissolved. Committee. 391 The West Bengal Primary Education Act, 1973. [West Ben. Act (Part 11.—Chapter V.—Finance and audit.—Section 30.) CHAPTER V Finance and audit Annual 30. (1) The President shall place before the annual meeting of the report and Board held in theyear following the year in which it is established and budget estimate. before every annual meeting thereafter to be held in the month of August in each year a report on the working of the Board during the last preceding year, together with a budget estimate showing in such form as may be prescribed, the anticipated income and expenditure of the Board during the year immediately succeeding the one in which such annual meeting is held. (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. (3) The budget estimate shall after confirmation by the Board be forwarded to the State Government within such time as may be prescribed. (4) 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— (a) is not reasonably accurate with reference to ascertainable facts or shows a deficit in the closing balance; (b) 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 (c) includes provisions for expenditure which are not in accordance with the provisions of this Act. (5) If the budget estimate is returned under sub-section (4), the Board shall consider the comments and suggestions made by the State Government and may, if it thinks fit, revise the 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. (6) 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- 392 The West Bengal Primary Education Act, 1973. XLIII of 1973.] (Part 11.—Chapter V. Finance and audit.—Sections 31-34.) (a) 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 the expenditure; (b) additions, alterations or modifications in any provision relating to new expenditure of a recurring nature; (c) 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 approve the budget estimate so amended and forward it to the Board. (7) If the State Government does not accord its approval to the said estimate within two months of the receipt thereof for such approval or within two months of the resubmission thereof with or without revision, the said estimate shall be deemed to have been approved by the State Government. 31. The State Government may, after considering the budget Payment to estimates, the accounts of the Board and such other reports as it may thee state by call for, make such annual or periodical grants to it as it may think fit. Government. West Bengal Board of Primary Education Fund. 32. (1) The Board shall have a Fund to be called the West Bengal Board of Primary Education Fund to which shall be credited— (a) all sums which may be paid by the State Government; (b) all sums representing income from endowments or from property owned or managed by the Board; and (c) 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 to the credit of the Fund, and all cheques drawn on the Fund shall be signed by the President or by such other persons as he may authorise in writing in this behalf. (4) The Fund shall be maintained, administered and used in the manner prescribed. 33. 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. Application of the West Bengal Board of Primary Education Fund. 34. The Board shall keep an account of all its receipts and Accounts. expenditure in the manner prescribed. 393 The West Bengal Primary Education Act, 1973. [West Ben. Act (Part IL—Chapter V.—Finance and audit.—Section 35.) Audit. 35. (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) the auditor 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: Provided that the Board shall not be bound to submit to the auditor documents, in original, or expenditure in connection with any anti-corruption work and of expenditure for printing of question papers and certificates, but shall, if so required by the auditor, furnish extracts of such documents duly certified by the President as correct after with-holding such portion of the documents as will, in the opinion of the President, tend to disclose either the identity or the sources of such expenditure; (b) require in writing the personal appearance before him of any person accountable for, or having the custody or control of, any such documents 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, the Finance Officer, if any, 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 offence punishable under sub-section (4) shall be made except with the previous sanction of the State Government. (6) No Magistrate other than a Presidency Magistrate or a Magistrate of the first or second class shall try an offence punishable under sub-section (4). 394 The West Bengal Primary Education Act, 1973. XLIII of 1973.] (Part 11.—Chapter V.—Finance and audit.—Section 36.—Part Chapter W.—The Primary School Councils.—Section 37.) 36. (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, within thirty days from the date of receipt of the audit report. (2) The State Government shall take such action on the audit report as it thinks fit. Audit report. PART III CHAPTER VI The Primary School Councils 37. (1) The State Government shall, by notification, establish for District each district excluding the areas included in Calcutta and specified sPchoal municipalities, with effect from such dates as may be specified in the Councils. notification, a District Primary School Council bearing the name of the district. (2) A District Primary School Council shall consist of the following members, namely:— (a) the District Inspector of Schools, in charge of primary education; (b) the District Special Officer, Scheduled Castes and Tribes Welfare or where no such officer is posted, the District Tribal Welfare Officer; (c) the District Social Education Officer; (d) one member for each sub-division, elected in the prescribed manner by the members of Anchal Panchayats within the sub-division: Provided that the number shall in no case be less than three; three members, elected in the prescribed manner by the Commissioners of non-specified municipalities within the district: Provided that in the district of 24-Parganas, four members shall be elected by such municipalities; three members, elected in the prescribed manner by the members of Zilla Parishad of the district; (c) 395 The West Bengal Primary Education Act, 1973. [West Ben. Act (Part 111.—Chapter VI.—The Primary School Councils.—Section 38.) (g) one teacher of a Junior Basic Training Institution in the district, elected in the prescribed manner by the teachers of such institutions in the district; (h) three teachers of whom one shall be a woman, elected in the prescribed manner by the teachers of primary schools in each sub-division from amongst themselves: Provided that the number shall in no case be less than six; (i) the members of the West Bengal Legislative Assembly, not being Ministers, representing the constituencies comprised within the territorial jurisdiction of the district concerned; (j) three persons interested in education, nominated by the State Government. (3) A District Primary School Council 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 purpose of this Act, and shall by its corporate name sue and be sued. Calcutta 38. (1) The State Government shall, by notification, establish for Primary Calcutta, with effect from such date as may be specified in the School Council. notification, a Primary School Council to be called the Calctitta Primary School Council. (2) The Calcutta Primary School Council shall consist of the following members, namely:— (a) the District Inspector of Schools (Primary Education), Calcutta; (b) the Chairman, Calcutta Metropolitan Development Authority or any person nominated by him; (c) four persons elected in the prescribed manner in accordance with the system of propo
Excerpt shown. Open the full act in Lexace.