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Act and Status
Chapter 2 : THE BOARD

Establishment and incorporation of 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.


Composition of the Board-

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 recognized 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 recognized Madrasahs—five from High Madrasahs, three from Senior Madrasahs and two from Junior High Madrasahs—elected in the manner prescribed

(I) two persons from the wholetime and permanent non-teaching staff of recognized 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-

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.


Publication of the names of elected, nominated or appointed members of the Board-

6. The name of every person elected or 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.


Term of office of members of the Board-

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(I), 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 vacancies

8. If any member dies or resigns his office or ceases to be a member 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.


Appointment, term of office, salary and allowances of the President-

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 (I) 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.


Temporary and acting arrangement for the office of the President-

10. lithe 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.


Disqualification for membership—

11. (1) A person shall be disqualified for being elected, nominated or appointed as 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 Government, 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 of 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.

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 spec-ified in sub-section" (1.); his membership shall thereupon cease with effect from such date as the State Government may direct.


Disputes relating to the eligibility or manner of election -of members-

12. (1) If any questidn 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 sucti member.

Sun question shall be referred foklecision 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 Proceddre 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 TribuniAl under that sub-section.


Resignation and removal of members-

13. (1) An elected, nominated or appointed member of the Board may resign his seat by giving notice at least for on& 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 Lard, 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.


Conduct of meetings-

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.


Restriction on Voting-

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,


Person in the service of the Board-

16. (1) The Board shall have a Secretary who shall be appointed by the State Government.

(2) The Board may appoint such otherofficers 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.


Travelling allowance-

17. Such members of the Board or of any Committee constituted under his 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.


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