The West Bengal School Service Commission Act, 1997

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act IV of 1997 
THE WEST BENGAL SCHOOL SERVICE 
COMMISSION ACT, 1997. 
[Passed by the West Bengal Legislature.] 
West Ben. 
Act V of 
1963. 
West Ben. 
Act XXXIX 
of 1994. 
West Ben. 
Act VIII of 
1975. 
[Assent of the President of India was first published in the Calcutta 
Gazette, Extraordinary, of the 1st April, 1997.] 
[1st April, 1997.] 
An Act to provide for the constitution of Regional School Service 
Commissions and a Central School Service Commission in West 
Bengal and for matters connected therewith or incidental thereto. 
WHEREAS it is expedient to provide for the constitution of Regional 
School Service Commissions and a Central School Service Commission 
in West Bengal and for matters connected therewith or incidental thereto; 
It is hereby enacted in the Forty-eighth Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal School Service Short title 
Commission Act, 1997. 	 and  commence- 
(2) It shall come into force on such date as the State Government may, ment. 
by notification, appoint. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "Board" means the West Bengal Board of Secondary 
Education established under the West Bengal Board of 
Secondary Education Act 1963; 
(b) "Board of Madrasah" means the West Bengal Board of 
Madrasah Education Act, 1994; 
(c) "Central Commission" means the West Bengal Central School 
Service Commission constituted under section 3; 
(d) "Chairman" means the Chairman of the Commission; 
(e) "Commission" means the Central Commission or the Regional 
Commission; 
(f) "Council" means the West Bengal Council of Higher 
Secondary Education established under section 3 of the West 
Bengal Council of Higher Secondary Education Act, 1975; 
53 
The West Bengal School Service Commission Act, 1997. 
[West Ben. Act 
(Section 2.) 
(g) "Headmaster" or "Headmistress" means the head of the 
teaching staff of a school, by whatever name he or she may 
be designated; 
(h) "Madrasah" means an educational institution imparting 
instruction in— 
(i) High Madrasah Education System within the meaning 
of sub-clause (i), or 
(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, 
and includes a Junior High Madrasah. 
Explanation.—"Junior High Madrasah" shall have the 
same meaning as in clause (e) of section 2 of the West Bengal 
Board of Madrasah Education Act, 1994; 
(i) "member" means a member of the Commission, and includes 
the Chairman; 
(j) "notification" means a notification published in the Official 
Gazette; 
(k) "prescribed" means prescribed by rules made under this Act; 
(1) "Regional Commission" means the West Bengal Regional 
School Service Commission constituted under section 3; 
(m) "regulations" means the regulations made by the Central 
Commission under this Act; 
(n) "school" means a recognised non-Government aided— 
(i) secondary school, or educational institution, or part or 
department of such school or institution, imparting 
instruction in a secondary education, or 
(ii) higher secondary school, or educational institution 
(other than a college), or part or department of such 
school or institution, imparting instruction in higher 
secondary education, or 
(iii) Madrasah, 
and includes a sponsored school. 
Explanation I.—"Recognised" with its grammatical 
variations, used with reference to a school, shall mean—
(a) recognised or deemed to have been recognised under 
the West Bengal Board of Secondary Education Act, 
1963, or 
West Ben. 
Act V of 
1963. 
54 
The West Bengal School Service Commission Act, 1997. 
IV of 1997.] 
West Ben. 
Act V of 
1963. 
West Ben. 
Act VIII of 
1975. 
(Section 3.) 
(b) recognised under the West Bengal Council of Higher 
Secondary Education Act, 1975, or 
(c) recognised or deemed to have been recognised under 
the West Bengal Board of Madrasah Education Act, 
1994. 
Explanation IL—"Aided" with its grammatical variations, 
used with reference to a school, shall mean aided by the State 
Government in the shape of financial assistance towards the 
basic pay of the teachers of that school. 
Explanation 111.—"Basic pay" shall mean the monthly 
pay of a teacher of a school which corresponds to a stage in 
the time-scale of pay of the post held by the teacher in that 
school. 
Explanation IV.—"Secondary Education" shall have the 
same meaning as in clause (1) of section 2 of the West Bengal 
Board of Secondary Education Act, 1963. 
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. 
Explanation VI.—"Sponsored school" shall mean a school 
declared as a sponsored school by the State Government by 
notification; 
(o) "Secretary" means the Secretary of the Commission; • 
(p) "Teacher" means an Assistant Teacher or any other person, 
holding a teaching post of a school and recognised as such 
by the Board or the Council or the Board of Madrasah, 
as the case may be, and includes the Headmaster or the 
Headmistress. 
3. (1) The State Government shall, with effect from such date as it 
may, by notification, appoint, constitute— 
(a) a Central Commission by the name of the. West Bengal 
Central School Service Commission, and 
(b) a Regional Commission by the name of the West Bengal 
Regional School Service Commission, in respect of each of 
the regions referred to in sub-section (2). 
Constitution 
of Commis-
sion. 
55 
The West Bengal School Service Commission Act, 1997. 
[West Ben. Act 
(Section 4.) 
West Ben. 
Act LIX of 
1980. 
Appoint-
ment and 
terms and 
conditions of 
service of 
members. 
(2) For the purposes of clause (b) of sub-section (1), the territory of the 
State of West Bengal shall comprise four regions to be called the Eastern 
Region, the Southern Region, the Western Region and the Northern 
Region; each such region shall comprise such district or distrcts or part of 
a district as the State Government may, by notification, determine, and the 
territorial jurisdiction of a Regional Commission shall be construed 
accordingly. 
Explanation 1.—Calcutta as defined in clause (9) of section 2 of the 
Calcutta Municipal Corporation Act, 1980, shall, for the purposes of this 
Act, be deemed to be a district. 
Explanation 11.—Part of a district shall ordinarily mean a sub-division, 
or two or more, but not all, sub-divisions taken together, of that district as 
may be specified in the notification under this sub-section: 
Provided that if the area of a district, or any part of a district, other than 
Calcutta, overlaps any part of the area included in Calcutta, such overlapping 
area shall be excluded from the territorial jurisdiction of the Regional 
Commission in respect of such district and shall be included within the 
territorial jurisdiction of the Regional Commission in respect of Calcutta. 
(3) The State Government may, at any time, by notification enlarge or 
reduce the territorial jurisdiction of a Regional Commission constituted 
under clause (b) of sub-section (1). 
(4) (a) The Commission shall consist of five members of whom one 
shall be the Chairman. 
(b) Of the five members as aforesaid, 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 judicial or 
administrative service, 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, for a period of not less than fifteen years. 
4. (1) (a) The Chairman and other members shall be appointed by 
the State Government. 
(b) The Chairman and other members shall hold office for a term of 
four years: 
Provided that a person who has held office as Chairman or other 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. 
56 
The West Bengal School Service Commission Act, 1997. 
IV of 1997.] 
(Sections 5, 6.) 
(2) If the office of the Chairman or any other member becomes vacant 
by reason of resignation or otherwise or if the Chairman is, by reason of 
absence or for any other reason, unable to perform the duties of his office, 
then, until a Chairman or other member is appointed under sub-section (1) 
or until the Chairman resumes his duties, as the case maybe, the duties of 
the Chairman or the other member, as the case may be, shall be performed 
by such other member as the State Government may appoint in this behalf. 
(3) 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. 
(4) (a) The office of the Chairman shall be whole-time; the other 
members shall be honorary. 
(b) The salary of the Chairman and the honorarium of the other 
members shall be such as may be determined by the State Government. 
(c) Subject to the foregoing provisions of this sub-section, the other 
terms and conditions of service of the Chairman and other members shall 
be such as may be prescribed. 
5. The State Government may, after making inquiry in such manner 
as may be prescribed, remove the Chairman or any other member from his 
office on the ground of— 
(a) misconduct involving moral turpitude, or 
(b) insolvency, or 
(c) infirmity of body or mind. 
6. (1) The staff of the Commission shall consist of— 
(a) a Secretary who shall be appointed by the State Government, 
and 
(b) such other employees as the Commission may, with the 
previous approval of the State Government, appoint from 
time to time. 
(2) The salary of the Secretary and of the other employees of the 
Commission shall be such as may be determined by the State Government. 
(3) The.other terms and conditions of service— 
(a) of the Secretary shall be such as may be prescribed, and 
(b) of the other employees of the Commission shall be such as 
may be provided for by regulations. 
Removal of 
member. 
Staff of 
Commission. 
57 
The West Bengal School Service Commission Act, 1997. 
[West Ben. Act 
(Sections 7-12.) 
Functions of 
Regional 
Commis-
sion. 
Manner and 
scope of 
selection of 
persons and 
procedure 
for conduct 
of business 
of 
Commis-
sion. 
Effect of 
recommen-
dation of 
Commis-
sion. 
Protection of 
Teachers. 
Power of 
Commission 
to call for 
records etc. 
Report of 
Central 
Commis-
sion. 
7. Notwithstanding anything contained in any other law for the time 
being in force or in any contract, custom or usage to the contrary, it shall 
be the duty of the Regional Commission to select persons for appointment 
to the posts of Teachers in schools within its territorial jurisdiction. 
8. (1) The manner and scope of selection of persons for appointment 
to the posts of Teachers shall be such as may be prescribed. 
(2) The procedure for the conduct of business of the Commission shall 
be such as may be provided for by regulations. 
9. (1) Notwithstanding anything contained in any other law for the 
time being in force or in any contract, custom or usage to the contrary, 
appointments to the posts of Teachers in a school shall be made by the 
managing committee, by whatever name called, or by the ad hoc committee, 
or by the administrator, if any (where there is no managing committee), of 
that school on the recommendation of the Regional Commission having 
jurisdiction. 
(2) Any appointment of a Teacher made on or after the commencement 
of this Act in contravention of the provisions of this Act shall be invalid 
and shall have no effect and the Teacher so appointed shall not be a Teacher 
within the meaning of clause (p) of section 2. 
10. Notwithstanding anything contained elsewhere in this Act, the 
terms and conditions of service of Teachers in the employment of a school 
immediately before the commencement of this Act shall not be varied to 
the disadvantage of such Teachers in so far as such terms and conditions 
relate to the appointment of such Teachers to the posts held by them 
immediately before the commencement of this Act. 
11. The Commission may call for any record, report or other information 
from any school or the Board or the Council or the Board of Madrasah if, 
in its opinion, such record, report or other information is necessary for 
efficient discharge of its functions, and the school or the Board or the 
Council or the Board of Madrasah, as the case may be, shall furnish such 
record, report or other information to the Commission. 
12. It shall be the duty of the Central Commission to present annually 
to the State Government a report as to the work done by the Central 
Commission and each Regional Commission and, on receipt of such 
report, the State Government shall cause a copy thereof to be laid before 
the State Legislature. 
58 
The West Bengal School Service Commission Act, 1997. 
IV of 1997.] 
45 of 1860. 
(Sections 13-17.) 
13. The Chairman and other members and persons appointed under 
this Act shall, while acting or purporting to act under this Act, be deemed 
to be public servants within the meaning of section 21 of the Indian Penal 
Code. 
Members 
etc. to be 
public 
servants. 
14. The proceedings of the Commission shall not be invalid by reason Validation. 
of any vacancy in the office of the Chairman or any other member. 
Act not to 
apply in 
relation to 
certain 
schools. 
15. The provisions of this Act shall not apply to— 
(a) a school established and administered by a minority, whether 
based on religion or language, or 
(b) a school under any trust, established and administered by a 
minority, whether based on religion or language, or 
(c) a school not in receipt of any financial assistance from the 
State Government, or 
(d) a school in receipt of a financial assistance from the State 
Government towards dearness allowance only of Teachers of 
such school, or 
(e) a Government school. 
Explanation.—"Government school" shall mean a school maintained 
and managed by the State Government or the Government of India or the 
Railway Board under the Ministry of Railway, Government of India. 
16. (1) The Central Commission shall monitor, supervise, control 
and co-ordinate the activities of the Regional Commission which shall be 
subordinate to the Central Commission. 
(2) The Central Commission may call for any record, report or other 
information from a Regional Commission if, in the opinion of the Central 
Commission, such record, report or other information is necessary for 
efficient discharge of its functions, and the Regional Commission shall 
furnish such record, report or other information to the Central Commission. 
(3) It shall be the duty of the Central Commission to advise the State 
Government on such matters as may be referred to it by the State 
Government. 
Functions of 
Central 
Commission. 
17. (1) The State Government may, by notification, make rules for Power to 
carrying out the purposes of this Act. 	 make rules.  
59 
The West Bengal School Service Commission Act, 1997. 
[West Ben. Act IV of 1997.] 
(Sections 18-21.) 
(2) In particular, and without prejudice to the generality of the 
foregoing power, such rules may provide for all or any of the following 
matters:— 
(a) the terms and conditions of service of the Chairman and other 
members under clause (c) of sub-section (4) of section 4; 
(b) the manner in which an inquiry is to be made for removal of 
the Chairman or any other member under section 5; 
(c) the terms and conditions of service of the Secretary under 
clause (a) of sub-section (3) of section 6; 
(d) the manner and scope of selection of persons for appointment 
to the posts of Teachers under sub-section (1) of section 8; 
(e) any other matter which maybe, or is required to be, prescribed. 
Power to 
make 
regulations. 
Directions 
by State 
Government. 
Dissolution 
of 
Commis-
sion. 
Repeal. 
18. (1) The Central Commission may, with the previous approval of 
the State Government, make regulations, not inconsistent with the provisions 
of this Act or the rules made thereunder, for discharging the functions of 
the Commission under this Act. 
(2) In particular, and without prejudice to the generality of the 
foregoing power, such regulations may provide for all or any of the 
following matters:— 
(a) the terms and conditions of service of the employees of the 
Commission under clause (b) of sub-section (3) of section 6; 
(b) the procedure for the conduct of business of the Commission 
under sub-section (2) of section 8. 
19. In the discharge of its functions the Commission shall be guided 
by such directions as may be given to it by the State Government from time 
to time in conformity with the provisions of this Act. 
20. (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. 
21. The West Bengal School Service Commission Ordinance, 1995, 
is hereby repealed. 
West Ben. 
Ord. VIII of 
1996. 
60 

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