(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constituting the West Bengal Madrasah Education Board (hereinafter referred to as the former Board) is hereby repealed.
Repeal, saving and validation.
398 The West Bengal Board of Madrasah Education Act, 1994.
XXXIX of 1994.]
(Chapter V11.—Supplemental Provisions.—Sections 40, 41.)
(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 this 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 be, 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 recognised Madrasahs shall be deemed to have been recognised under this Act until the expiration of the period of recognition, subject, however, to the power of the Board, to withdraw recognition in accordance with 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.
40. The Board shall, in exercising its powers and performing its Board to be duties under this Act, be guided by such directions as guided by directions of the State Government may, by notification, give from time to time the State regarding the scope and content of Madrasah Education. Government.
41. (I) If in the opinion of the State Government, the Board— Supersession of 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.
399 The West Bengal Board of Madrasah Education Act, 1994.
[West Ben. Act (Chapter VIL—Supplemental Provisions.—Sections 42-44.)
Consequences of supersession.
Board to continue as abody corporate.
Re-estabishment of the Board.