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Section 9

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

(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.

10. 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; ghall bebound 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,,dd hoc ComMittee or by-the Administi-ator, as the case may be:

Provided further that theManaging Conimittee, 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.

11. 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.

Manner and scope of selection and procedure for conduct of business of Commission.

Effect of recommendation of Commission.

Penalty. 12. {1) If the Managing Committee, the ad hoc Coimnittee 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 recornmendation by the'Commission,-without any reasonable ground, the State Government may tdirect the Board to dissOlve the Managing Committee orthe ad hoc Committee, .or disdharge the Administrator, as the case may be, nor stop all financial assistance to such Madrasah recording reasons thereof and.may also issue direction upon the Board or Coaneil, 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.

(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.

Where this provision sits

ActThe West Bengal Madrasah Service Commission Act, 2008
Section9
JurisdictionState of West Bengal
StatusIn force as published by the source

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