(1) The Commission shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908, but shall be guided by the basic principles of natural 5 of 1908 justice and, subject to the other provisions of this Act, the Commission shall have power to regulate its own procedure.
Procedure.
12 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 29, 2011 [PART III The West Bengal Administrative (Adjudication of School Disputes) Commission Act, 2008.
(Chapter IV.—Proceedings of Commission.—Sections 23-26.)
(2) The Commission shall decide every petition made to it as expeditiously as possible and shall make endeavour to decide the petition within a period of three months from the date of admission of the petition:
Provided that if the Commission disposes of the petition after the period referred to in this sub-section, the Commission shall at the time of disposing of the petition, record in writing the reasons for disposing of the petition after such period.
(3) During any proceeding before the Commission, it may pass such interim or interlocutory order as it may consider just and proper in the facts and circumstances of the case.
(4) Every judgment pronounced or order made by the Commission shall be signed by the Members who have conducted the proceeding:
Provided that where the Members in a Bench differ on any point or points, the opinion of the majority of the Members shall be the judgment or order of the Commission:
Provided further if such Members are equally divided, the point or points on which they differ shall be referred to the Chairperson who shall either hear the parties on, and decide, such point or points by himself or refer such point or points to other Member or Members for hearing the parties on, deciding, such point or points by such Member or Members and, thereupon, the opinion of the majority of all such Members shall be the judgment or order of the Commission:
Provided also that nothing in the preceding provisos shall be deemed to prevent any such Member who does not concur to the opinion of the majority of such Members or all such Members from delivering a dissenting opinion or judgment on the point or points.
No adjournment.
Judgments or orders not to be reserved for more than one month.
Correction of judgments and orders.
Clarification of judgments and orders.
23. The Commission shall not ordinarily grant adjournment to any proceeding before it:
Provided that it may, for sufficient reasons, after recording the reasons, grant adjournment to the proceeding for a period ordinarily not exceeding fifteen days at a time.
24. Notwithstanding anything contained in this Act or any rule or regulation made thereunder, the Commission shall not reserve its judgment or order in relation to a school dispute for more than one month:
Provided that if the Commission pronounces the judgment or makes the order after the period referred to in this section, the Commission shall record its reasons for the delay.
25. Any mistake of clerical or arithmetical nature, or any error arising from any accidental slip or omission, in any judgment pronounced or order made by the Commission may, at any time, be corrected by the Commission either of its own motion or on a petition being made to it by any of the parties to the judgment or order.
26. Where any judgment pronounced or order made by the Commission is found to be ambiguous, vague or inconsistent or otherwise unclear, the Commission may, at any time, either of its own motion or on a petition being made to it by any of the parties to the judgment or order, clarify the judgment or order.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 29, 2011 13 The West Bengal Administrative (Adjudication of School Disputes) Commission Act, 2008.
(Chapter IV.—Proceedings of Commission.—Sections 27-32.— Chapter V.—Finance and Audit.—Section 33.)
Rooms or places of proceedings to be open courts.
Manner of adjudicating schools disputes.
Appeals.
Validation.
Accounts and audit.
27. The room or place in which any proceeding of the Commission is conducted shall be deemed to be an open court, to which the public generally shall have access:
Provided that the presiding officer of the Bench may, for reasons to be recorded in writing, order, at any stage of the proceedings, that the public generally, or any particular person, shall not have access to, or be or remain in, such room or place.
28. Notwithstanding anything contained in this Act or any rule or regulation made thereunder, the Commission shall adjudicate a school dispute and conduct a proceeding relating thereto in a manner that the process of adjudication is not unnecessarily lengthened and that the substantial justice is administered to the parties thereto in a reasonable time.
29. No suit or other proceeding in respect of a school dispute shall lie to a civil court.
30. Notwithstanding anything contained in this Act, no suit, appeal or any other proceeding relating to a school dispute pending, on the date of commencement of this Act, before any court shall stand, or be transferred to the Commission and every such suit, appeal or other proceeding shall continue to proceed before the court as if this Act had not been enacted.
31. Notwithstanding anything in the Code of Civil Procedure, 1908, or any other law for the time being in force,—
(a) no appeal shall lie against an interim or interlocutory order made by the Commission;
(b) an appeal against a judgment pronounced or an order made by the Commission shall lie to a Division Bench of the High Court.
32. Notwithstanding anything contained in this Act or any rule or regulation made thereunder,—
(a) no act or proceeding of the Commission shall be invalid by reason only of the existence of any vacancy amongst the Members or any defect in the establishment of the Commission;
(b) no proceeding of the Commission shall be invalid if the proceeding has been conducted in accordance with the basic principles of natural justice and no substantial injustice has thereby resulted to any party to the proceeding.
CHAPTER V Finance and Audit