(1) 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 hoc committee, 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.
10. Notwithstanding anything contained elsewhere in this Act, the terms and conditions of service of Teachers in the employment of a school 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.
11. 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.
12. 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.
58 The West Bengal School Service Commission Act, 1997.
IV of 1997.]
45 of 1860.
(Sections 13-17.)
13. 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.
Members etc. to be public servants.
14. The proceedings of the Commission shall not be invalid by reason Validation.
of any vacancy in the office of the Chairman or any other member.
Act not to apply in relation to certain schools.
15. 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
(c) a school not in receipt of any financial assistance from the State Government, 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.