WEST BENGAL MADRASAH SERVICE COMMISSION ACT, 2008 THE WEST BENGAL MADRASAH SERVICE COMMISSION ACT, 2008 [Act No. 25 of 2008] [22nd October, 2008] An Act to provide for the constitution of Madrasah Service
Commission in West Bengal and for matters connected therewith or incidental
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:- (1)
This Act may be called the West Bengal Madrasah Service Commission
Act, 2008. (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. In this Act, unless the
context otherwise requires,- (a)
"Ad hoc Committee" means the ad hoc Committee 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 under the West Bengal Board of Madrasah Education Act, 1994
(West Ben. Act XXXIX of 1994); (e)
"Chairman" means the Chairman of the Commission; (f)
"Commission" 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 Act, 1975 (West Ben. Act VIII of 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
I.-"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; 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
IV.-"Madrasah Education" shall have the same meaning as in clause (g)
of section 2 of the West Bengal Board of Madrasah Education Act, 1994 (West
Ben. Act XXXIX of 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
(West Ben. Act VIII of 1975); (l)
"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. (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. (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. (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. (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 be, 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. (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. 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. (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. 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. (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. 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, shall be bound 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, ad
hoc Committee or by the Administrator, as the case may be: Provided further that the
Managing Committee, 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. 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. (1)
If the Managing Committee, the ad hoc Committee 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 of recommendation by the Commission,
without any reasonable ground, the State Government may direct the Board to
dissolve the Managing Committee or the ad hoc Committee, or discharge the
Administrator, as the case may be, or stop all financial assistance to such Madrasah
recording reasons thereof and may also issue direction upon the Board or
Council, 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. 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. 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. 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. 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, 1860 (45 of 1860.). The proceedings of the
Commission shall not be invalid by reason of any vacancy in the office of the
Chairman or any other member. (1)
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. (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. (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
subsection (2) of section 9. 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. (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. 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. 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.
Preamble - WEST BENGAL MADRASAH SERVICE COMMISSION ACT, 2008PREAMBLE