West Bengal School Service Commission Act, 1997 1. Short title and commencement. 2. Definitions. 3. Constitution of Commission. 4. Appointment and terms and conditions of service of members. 5. Removal of member. 6. Staff of Commission. 7. Functions Regional Commission. 8. Manner and scope of selection of persons and procedure for conduct of business of Commission. 9. Effect of recommendation of Commission. 9A. Power of State Government to stop financial assistance to a school for wilful failure to issue appointment to the post of Teacher or non-teaching staff. 10. Protection of Teachers and non-teaching staff. 10A. Mutual transfer on joint application. 11. Power of Commission to call for records etc. 12. Report of Central Commission. 13. Members etc. to be public servants. 14. Validation. 15. Act not to apply in relation to certain schools. 16. Functions of Central Commission. 17. Power to make rules. 18. Power to make regulations. 19. Directions by State Government. 20. Dissolution of Commission. 21. Repeal.

The West Bengal School Service Commission Act, 1997

West Bengal Act 4 of 1997

WB619

[1st April, 1997.]

LEGISLATIVE HISTORY 6

· Amended by W.B. Act No. 36 of 2010

· Amended by W.B. Act No. 13 of 2016

· Amended by W.B. Act No. 44 of 2017

Assent of the President of India was first published in the Calcutta Gazette, Extraordinary, dated the 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 as follows :-

Short title and commencement.- (1) This Act may be called the West Bengal School Service Commission Act, 1997.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

Definitions.- In this Act, unless the context otherwise requires, -

(a) "Board" means the West Bengal Board of Secondary Education established under the West Bengal Board of Secondary Education Act, 1963;

[* * * * * *]

(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;

(g) "Headmaster" or "Headmistress" means the head of the teaching staff of a school, by whatever name he or she may be designated;

[* * * * * * * * * *]

(i) "member" means a member of the Commission, and includes the Chairman;

[(ia) "non-teaching staff" means a member of the staff other than an Assistant Teacher, or any other person holding a teaching post of a school and recognised as such by the Board or the Council, as the case may be, or the Headmaster, or the Headmistress, or the Assistant Headmaster, or the Assistant Headmistress, or the teacher holding a post against short term vacancy caused by deputation, leave or lien;]

(j) "notification" means a notification published in the Official Gazette;

(k) "prescribed" means prescribed by rules made under this Act;

(l) "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

[* * * *] 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

[(b) recognised under the West Bengal Council of Higher Secondary Education Act, 1975.]

[* * * * *]

Explanation II. - "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 III. - "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, as the case may be, an includes the Headmaster or the Headmistress but shall not include the Assistant Headmaster or the Assistant Headmistress or the Teacher holding a post against short term vacancy caused by deputation, leave or lien.]

Constitution of Commission.- [There shall be -

(a) a Central Commission by he name of the West Bengal Central School Service Commission, and

(b) a Regional Commission by the name of West Bengal Regional School Service Commission, in respect of the regions referred to in sub-section (2).]

[(2) For the purposes of clause (b) of sub-section (1), the territory of the State of West Bengal shall comprise seven regions to be called the Eastern Region, the Southern Region, the South-Eastern Region, the Western Region, the Northern Region, the North-Eastern Region and the Hill Region; each such region shall comprise such district or districts 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 I. - Kolkata as defined in clause (9) of section 2 of the Kolkata Municipal Corporation Act, 1980, shall, for the purposes of this Act, be deemed to be a district.

Explanation II. - 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 Kolkata, overlaps any part of the area included in Kolkata, 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 Kolkata.

(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) The Central Commission shall consist of seven members of whom -

(a) one shall be the Chairman;

(b) one shall be an educationist who occupies or has occupied in the opinion of the State Government, a position of eminence in public life or in judicial or administrative serve;

(d) four shall be the persons having 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:

Provided that at least one of such members must be a woman.

(5) The Regional Commission shall consist of seven members of whom -

(a) one shall be the Chairman;

(b) 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;

(d) four shall be the persons having teaching experience, either as a Teacher of University or 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:

Provided that at least one of such members must be a woman.

OLD LAW 6

Sub-sections (4) and (5) Substituted for previous sub-Section (4) by W.B. Act 31 of 2008. Previous sub-Section (4) was as under:

Explanation I. - 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.

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 or the Regional Commission in respect of such district and shall be included within the territorial jurisdiction of the Regional Commission in respect of Calcutta.".

"(4) (a) A regional Commission shall consist of five members of whom one shall be the Chairman, and the Central Commission shall consist of seven members of whom one shall be the Chairman.

(b) Of the five members of a Regional Commission, 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 a Headmaster or Headmistress, for a period of not less than fifteen years.

(i) one shall be an educationist who occupies or has occupied in the opinion of the State Government, a position of eminence in public life or in judicial or administrative service;

(ii) one shall be from amongst the Chairmen of the Regional Commissions as an ex officio member;

(iii) 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.".

Appointment and terms and conditions of service of members.- (1) (a) The Chairman and other members shall be appointed by the State Government:

[Provided that from amongst such Chairmen of the Regional Commissions so appointed, one shall be appointed ex officio member of the Central Commission by the State Government on rotational basis.]

(b) The Chairman and other members shall hold office for a term of four years [but in the case of ex officio member such term shall be one year]:

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 eight years] shall be eligible to hold office as Chairman or other member.

[(1A) Notwithstanding anything contained in sub-section (1) or elsewhere in this Act, if the State Government is of opinion that it is necessary so to do in the exigencies of the public service, it may, by order, extend the term of appointment of any person holding the office of the Chairman or other member, who has attained the age of [sixty eight years] for such period, not exceeding one year, as may be specified in the order.]

(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 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.

(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) Of the five members as aforesaid, -

(i) 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,

(ii) one shall be a person belonging to Minority of West Bengal, and

(iii) three shall be the persons having 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.]

(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.

Removal of member.- 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

[6. Staff of Commission. - (1) The staff of the Commission shall consist of -

(a) a secretary and any such other officers who shall be appointed by the State Government, and

(b) such other employees as the Central Commission may, with the previous approval of the State Government, appoint from time to time.

(2) The salary of the Secretary, any such other officers 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 services -

(a) of the Secretary and any such other officers 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 the regulations.]

[7. Functions Regional Commission. - 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 recommend persons] for appointment to the posts of Teachers or non-teaching staff in school within its territorial jurisdiction under the supervision and control of the Central Commission [on the basis of result of the State Level Selection Test] conducted by the Central Commission.]

Manner and scope of selection of persons and procedure for conduct of business of Commission.- (1) The manner and scope of selection of persons for appointment to the [post of Teachers and non-teaching staff]shall be such as may be prescribed.

[(2) Any appointment of a Teacher or a non-teaching staff made on or after the commencement of this Act in contravention of the provisions of this Act shall be invalid and shall have not effect and the teacher or the non-teaching staff so appointed shall not be a Teacher or a non-teaching staff within the meaning of clause (p) or clause (ia) of section 2, as the case may be.]

Effect of recommendation of Commission.- 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 hoccommittee, 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.

[9A. Power of State Government to stop financial assistance to a school for wilful failure to issue appointment to the [post of Teacher or non-teaching staff]. - If the State Government is of the opinion that the managing committee, by whatever name called, or the ad hoc committee, or the administrator, if any (where there is no managing committee), of a school wilfully fails to discharge its function to issue appointment to the [post of Teacher or non-teaching stall] in such school on the recommendation of the Regional Commission having jurisdiction, it may, by order, and for reasons to be recorded in writing, stop all financial assistance to such school and may also issue a direction upon the West Bengal Board of Secondary Education, [* * * * *] or the West Bengal Board of Madrasah Education, as the case may be, to withdraw recognition of such school.]

[10. Protection of Teachers and non-teaching staff. - Notwithstanding anything contained elsewhere in this Act, the terms and conditions of service of Teachers, and non-teaching staff in the employment of a school immediately before the commencement of this Act shall not be varied to the disadvantage of such Teachers or non-teaching staff in so far as such terms and conditions relate to the appointment of such Teachers or nonteaching staff to the posts held by them immediately before the commencement of this Act.]

[10A. Mutual transfer on joint application. - (1) Notwithstanding anything contained in any other law for the time being in force or in any contract to the contrary, the Central Commission may, on the basis of joint application made to it in the prescribed proforma by two confirmed Teachers of same category, make recommendation for placing their services from one school to another on mutual transfer basis, in such manner, on such condition and within such period, as may be prescribed:

Provided that only the two Teachers who have been appointed against the same category of vacancies, holding the same category of post and teaching same subject shall be eligible for such transfer.

(2) Notwithstanding anything contained in any other law for the time being in force or or in any contract to the contrary, the Central Commission may, on the basis of joint application made to it in the prescribed proforma by two confirmed non-teaching staff, make recommendation for placing their services from one school to another on mutual transfer basis, in such manner, on such condition and within such period, as may be prescribed:

Provided that only the two non-teaching staff who have been appointed against the same category of vacancies and holding the same category of post shall be eligible for such transfer.]

Power of Commission to call for records etc.- 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.
Report of Central Commission.- 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.
Members etc. to be public servants.- 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.
Validation.- The proceedings of the Commission shall not be invalid by reason of any vacancy in the office of the Chairman or any other member.
Act not to apply in relation to certain schools.- 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

(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.

Functions of Central Commission.- [(1) The Central Commission shall prepare panel by conducting the State Level Selection Test in respect of appointment to the posts of Teachers and non-teaching staff in schools and also 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, reporter 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.

Power to make rules.- (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 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 and any such other officer] 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 and non-teaching staff] under sub-section (1) of section 8;

[(da) the proforma of joint application, the manner and other condition, for mutual transfer under section 10A;]

(e) any other matter which may be, or is required to be, prescribed.

Power to make regulations.- (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.

Directions by State Government.- 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 lime in conformity with the provisions of this Act.
Dissolution of Commission.- (1) If the State Government is of the opinion that the Commission has failed to discharge its functions under his 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 wish 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.