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Act and Status
Chapter 7 : SUPPLEMENTAL PROVISIONS

Board to furnish information-

31. The Board shall furnish to the State Government such reports, returns and statements as may be prescribed, and such further information on any matter relating to the Board as the State Government may require.


Power of State Government to suspend proceedings-

32. The Stale Government may. by order in writing specifying the reasons thereof, suspend the execution of any resolution or order of the Board or any Committee constituted under this Act and prohibit the doing of any act which purports to be done or intended to be done under this Act, if the State Government is of opinion that such resolution, order 'or act is in excess of the powers ,conferred by or under this Act upon the Board or the Committee, as the case may be.


Certain persons to be deemed to be public servants

33. The nitmbers of the Board and of every Committee constituted under this Act, persons in the service of:the Board and any person appointed under this Act to audit the accounts, of the Board shall be deemed to be public servants within the meaning of section 21 of the, Indian Penal Code.


Indemnity—

34. No suit. prosection or other legal proceeding whatever shall lie against any person for anything in good faith clone or intended to be done under this Act.


Power of Tribunals-

35. A Tribunal. appointed under this Act shall have all the powers of a Civil Court for the purposes of receiving evidence, administering oaths, and enforcing the attendance of witnesses and compelling the discovery and production of documents and shall be deemed to be a Civil Court within the meaning of sections 345 and 346 of the Code of Criminal Procedure, 1973.


Saving-

36. No act or proceeding taken under this Act shall be invalid on the ground merely of—

(a)the existence of any vacancy in, or defects in the initial or subsequent constitution of, the Board or any Committee constituted under this Act.

(b)any member of the Board having voted on any matter in contravention of the Provisions of section 15, or

(c)any defect or irregularity not affecting the merits of the case.


Transitory Provisions-

37.(1) The President shall make the first regulations for the purposes of this Act.

(2) The first regulations shall remain in force for a period of one year or until regulations are made by the Board under the provisions of this Act, whichever is earlier.


Power to make rules-

38. (1) The State Government may, after previous publication. 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, namely

(a) the acquisition, possession and disposal of property by the Board. the conditions of such acquisition, possession and disposal, and performance by the Board of any function referred to in sub-section (2) of section 3

(b) the manner of election of the members. of the Board specified in clause (k), (I) and (m) of section 4

(c) the composition, powers and functions of the Managing Committee of Institutions

(d) the procedure to be followed by a Tribunal in deciding on questions referred to in sub-section (I) of section 12

(e) the method of recruitment, the terms and conditions of service including the scales of pay and the rules of discipline relating to the Secretary of the Board

(f) the rates at which the Board shall pay travelling allowance to the persons referred to in section 17

(g) the Provident Fund referred to in clause (1) of sub-section (2) of section 20 as may be instituted and administered by the Board

(h) the form in which the budget estimate of the Board, as referred to in clause (a) of sub-section (3) of section 24, shall be prepared

(i) the manner in which all payments to and from the West Bengal Board of Madraah Education Fund shall be made

(j) the manner of reappropriation under section 27

(k) the manner and form in which accounts of receipts and expenditure shall be kept under section 28

(l) the manner in which examination and audit of the accounts of the Board shall be made

(m) the reports, returns and statements to be furnished by the Board under - section 3 I and the forms of such reports, returns and statements

(n) any other matter required to be prescribed or provided or made by rules.


Repeal, saving and validation.—

39. (1) The resolution made under notification No. 211—Education, dated the' 2nd February, 1973, by the State Government constituting the West Bengal Madrasah Education Board (hereinafter referred to as the former Board) is hereby repealed.

(2) Upon such repeal,—

(a) all property and assets under the control of the former Board and all rights. liabilities and obligations acquired or incurred by the former Board before the commencement of this Act shall vest in the Board in accordance with such order as the State Government may make in (his behalf)

(b) all legal proceedings or remedies instituted or enforceable by or against the former Board before the commencement of this Act may be continued or enforced, as the case may he, by or against the Board as established under this Act or, until the Board is so established, by or against such officer or authority as the State Government may by order specify

(c) all officers and other persons in the employ of the former Board immediately before the commencement of this Act shall, until other provision is made, continue in the service of the Board

(d) all recognized Madrasahs shall be deemed to have been recognized under this Act until the expiration of the period of recognition, subject, however, to the power of the Board, to withdraw recognition in accordance to the provisions of this Act ; and

(e) all syllabuses, courses of studies and text-books in force shall, until- other provision is made under this Act, continue to be followed.


Board to.be guided by directions of the State Government-

40. The Board shall, in exercising its powers and performing its duties under this Act, be guided by such directions as the State Government may, by notification, give from time to time regarding the scope and content of Madrasah Education.


Supersession of the Board-

41. (1) If in the opinion of the State Government, the Board—

(a) has persistently made default in the performance of duties imposed on it, or

(b) has exceeded or abused its powers, the State Government may, by an order published in the Official Gazette and stating the reasons therefor, supersede the Board for such period, not exceeding two years, as may be specified in the order, and take such steps as may be necessary to re-establish the Board immediately on the expiry of the period of supersession.

(2) The State-Government may, if it considers necessary so to do, by order extend or modify from time to time the Period of supersession which shall in no case in aggregate exceed three years.


Consequences of supersession-

42. (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, with effect from the date of an order of supersession made under section 41—

(a) all the members of the Board and the Committees constituted under this Act and the President shall vacate their offices

(b) all the powers, duties and functions which, under the provisions of this Act or any rule or regulation made thereunder or of any other law for the time being in force, may he exercised or performed by the Board or any of the Committees or the President, shall be exercised or performed by an Administrator to be appointed by the State Government in this behalf

Provided that an Administrator appointed under this clause may delegate any of his powers, duties or functions to such person as he may think fit or to such body as may be constituted by him:

(c) the representatives of the Board on everybody, statutory or otherwise, shall vacate their respective offices as such representatives, and the Administrator may nominate such person or persons to represent the Board or that body as he may think fit.

(2) The State Government may, by an order published in the Official Gazette, cancel an order made under section 41 and re-establish the Board.

(3) On MC re-establishment of the Board under sub-section (3), the Administrator shall cease to exercise his powers and perform his duties.

(4) The terms and conditions of service of the Administrator shall he such as may he fixed by the. State Government-by order made in this behalf.


Board to continue as a body corporate-

43. For removal of doubts, it is hereby declared that an order of supersession made underSection-41 shall not effect or imply in any way the dissolution of the Board as a body corporate.


Re-establishment of the Board-

44.(1) The State Government shall, by an order published in the Official Gazette, specify the date on which the Board is re-established in accordance with the provisions of sections 4.

(2) The State Government shall, by an order published in the Official Gazette, specify the dates by which the authorities (other than the State Government) shall elect or nominate members referred to in section 4. If such member or members are not elected or nominated, as the case' may be, by the specified dates, the State Government shall appoint such member or members from amongst the persons qualified for such election or nomination, as the case may be.

(3) Until election of members referred to in section 4 is held, the State Government shall appoint such member or members from amongst the persons qualified for election under clause (k), (I) and (m) of section 4.

(4)(a) The members appointed under sub-section (2) shall hold office until nomination of members under section 4 is made.

(b) The members appointed under sub-section (3) shall hold office until election of members referred to in section 4 is held and the result of such election is published in the Official Gazette in this behalf.


Power to remove difficulties

45. If any difficulty arises in giving effect to the provisions of this Act, the State Government may make such order or do such thing, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty.


West Bengal Act, XI of 2005
WEST BENGAL BOARD OF MADHASAH EDUCATION
(AMENDMENT) ACT, 2005


The following Act of the West Bengal Legislature received the assent of the Government and was published in the KoIkata Gazette: Extraordinary, Part 11l,. No. 754-L.. dated 25th May, 2005.

An Act to amend the West Bengal .Board of Madrasah Education. Act., 1994.

West Bengal Act, XXXIX of 1994

Whereas it is expedient to amend the West Bengal Board of Madrasah Education' Act, 1994 for the purpose and in the manner hereinafter appearing

It is hereby enacted in the Fifty-sixth year of the Republic of India. by the Legislature of West Bengal. as follows

1. Short title and commencement—(1)This Act may he called the -West Bengal Board of iVtadrasab Education (Amendment) Act, 2005.

(2) It shall come into force at once.

2. Amendment of section 20 of West Ben. Act, XXX IX of 1994.—After clause

(m) of sub-section(2) of section 20 of the West Bengal Board of Madrasah Education Act, 1994,
the following clauses shall be inserted :

"(mm) to make regulations relating to conduct and discipline in respect of teachers and non-teaching staff of the recognised Institutions under the Board

(mmm) to make regulations determining the qualification for, and the method of, recruitment of teachers in class 1 to class IN/ of the Senior Madrasah."


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