(1) If in the opinion of the State Government the Board has shown its incompetence to perform, or persistently made default in the performance of, the duties imposed or exceeded or abused the powers conferred upon it by or under this Act, the State Government shall formulate in writing specific charges against the Board in respect of those matters and shall forward a copy of such charges to the Board with the direction to the Board to submit any comments or explanations in respect thereof to the State Governmen:; within such period as may be specified by the State Government in this behalf. If after the Board has submitted such comments or explanations the State Government is of opinion that they are not satisfactory the State Government shall refer the charges formulated against the Board, together with the comments and explanations so submitted, for opinion to an Investigation Commission appointed by the State Government and the Investigation Commission shall thereupon inquire into the said charges in accordance with such procedure as may be prescribed by rules and forward its opinion thereon to the State Government. After consideration of the opinion of the Investigation Commission or where the Board does not submit any comments or explanations within the period specified in this behalf, after the expiry of the said period, the State Government may, if it thinks fit, by notification, remove the elected, appointed and co-opted members of the Board and direct that the Board be reconstituted by a fresh election, appointment and co-option of members in accordance with the provisions of section 4 and in every such case the State Government shall, as soon as may be, lay before the State Legislature a copy of the said. notification together with a statement of the reasons which led to the issue of the order contained in such notification.
(2) Until the Board is reconstituted as directed under subsection (1), the powers and duties of the Board shall be exercised and performed by, and the property vested in the Board shall vest in, such person as the State Government may specify in the said notification.
Power of the State Government to reconstitute the Board.
56. The members of the Board, of the Executive Council and of every Committee constituted under this Act, and any person appointed under this Act to inspect the office of the Board or any High School or to audit the accounts of the Board, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
57. No suit, prosecution or other legal proceeding whatever shall lie against any person for anything in good faith said, done, or intended to be done, under this Act.
58. Every Tribunal appointed under this Act shall have all the powers of a Civil Court for the purposes of receiving evidence, administering oaths, and enforcing the attendance of witnesses and compelling the discovery and production of documents, and shall be deemed to be a Civil Court within Act V of the meaning of sections 480 and 482 of the Code of Criminal
1898. Procedure, 1898.
Act XLV of 1860.
Certain persons to be deemed to be public servants.
Indemnity.
Powers of Tribunals.
Savings.
32 The West Bengal Secondary Education Act, 1950.
[West Ben. Act (Chapter VII.—Supplemental Provisions.—Sections 59-62.)
59. No act or proceeding taken under this Act shall be questioned on the ground merely of—
(a) the existence of any vacancy in, or defect in the constitution of, the Board, the Executive Council or any Committee constituted under this Act,
(b) any member of the Board having voted on any matter in contravention of the provisions of section 17, or
(c) any defect or irregularity not affecting the merits of the case.
Special provisions for election by University.
'Transitory provisions.
Power of the State Government to make rules.
60. Where any person or persons is or are required under this Act to be elected by the University of Calcutta, the rules for such election shall be made by the Senate of the said University in such manner as the Senate thinks fit.
61. Every matter or thing required to be prescribed by regulations or by-laws under this Act shall until such regulations or by-laws are made, be prescribed by rules.