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Section 19

The West Bengal Madrasah Service Commission Act, 2008State Act of West Bengal · Act 25 of 2008

(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.

Powers to make regulations.

6 • THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 22, 2008 . [PART The West Bengal Madrasah Service Commission Act, 2008.

Protection of teachers.

Power of Commission to call for records etc.

Submission of report to the State Government.

Members etc. to be public servants.

Validation.

Power to make rules.

(Sections 13-19.)

13. 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.

14. 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.

15. 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.

16. The Chaiuuan and other members and persons appointed under this Act shall, while acting or purporting to act under this Act, be deemed to be; ublic servants within the meaning of section 21 of the Indian Penal Code, 1860.

17. The proceedings of the Commission shall not be invalid by reason of any vacancy in the office of the Chairman or any other member.

18. V) 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.

45 of 1860.

Direction by State Government.

Dissolution of Commission.

Removal of difficulties.

Cessation of Interim Committee.

PART III] THE KOLKATA GAZETTE, EXTRAORDINARY OCTOBER 22, 2008 7 The West Bengal Madrasah Service Commission Act, 2008.

(Sections 20-23.)

20. 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.

Where this provision sits

ActThe West Bengal Madrasah Service Commission Act, 2008
Section19
JurisdictionState of West Bengal
StatusIn force as published by the source

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