West Bengal School Service Commission Act, 1997
No: 4 Dated: Apr, 01 1997
THE WEST BENGAL SCHOOL SERVICE COMMISSION ACT, 1997.
West Bengal Act IV of 1997
An Act to provide for the constitution of Regional School Service Commissions and a Central School Service Commission in West Bengal and for matters connected therewith or incidental thereto.
Whereas it is expedient to provide for the constitution of Regional School Service Commissions and a Central School Service Commission in West Bengal and for matters connected therewith or incidental thereto;
It is hereby enacted as follows :-
1. Short title and commencement. - (1) This Act may be called the West Bengal School Service Commission Act, 1997.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions. - In this Act, unless the context otherwise requires, -
(a) "Board" means the West Bengal Board of Secondary Education established under the West Bengal Board of Secondary Education Act, 1963;
(b) "Board of Madrasah" means the West Bengal Board of Madrasah Education Act, 1994;
(c) "Central Commission" means the West Bengal Central School Service Commission constituted under section 3;
(d) "Chairman" means the Chairman of the Commission;
(e) "Commission" means the Central Commission or the Regional Commission;
(f) "Council" means the West Bengal Council of Higher Secondary Education established under section 3 of the West Bengal Council Of Higher Secondary Education Act, 1975;
(g) "Headmaster" or "Headmistress" means the head of the teaching staff of a school, by whatever name he or she may be designated;
(h) "Madrasah" means an educational institution imparting instruction in—
(i) High Madrasah Education System within the meaning of sub-clause (i), or
(ii) Senior Madrasah Education System within the meaning of sub-clause (ii),
of clause (g) of section 2 of the West Bengal Board of Madrasah Education Act, 1994,
and includes a Junior High Madrasah.
Explanation.—"Junior High Madrasah" shall have the same meaning as in clause (e) of section 2 of the West Bengal Board of Madrasah Education Act, 1994;
(i) "member" means a member of the Commission, and includes the Chairman;
(j) "notification" means a notification published in the Official Gazette;
(k) "prescribed" means prescribed by rules made under this Act;
(l) "Regional Commission" means the West Bengal Regional School Service Commission constituted under section 3;
(m) "regulations" means the regulations made by the Central Commission under this Act;
(n) "school" means a recognised non-Government aided -
(i) secondary school, or educational institution, or part or department of such school or institution, imparting instruction in a secondary education, or
(ii) higher secondary school, or educational institution (other than a college), or part or department of such school or institution, imparting instruction in higher secondary education, or
(iii) Madrasah,
and includes a sponsored school.
Explanation I. - "Recognised" with its grammatical variations, used with reference to a school, shall mean -
(a) recognised or deemed to have been recognised under the West Bengal Board of Secondary Education Act, 1963, or
(b) recognised under the West Bengal Council of Higher Secondary Education Act, 1975.
(c) recognised or deemed to have been recognised under the West Bengal Board of Madrasah Education Act, 1994.
Explanation II. - "Aided" with its grammatical variations, used with reference to a school, shall mean aided by the State, Government in the shape of financial assistance towards the basic pay of the teachers of that school.
Explanation III. - "Basic pay" shall mean the monthly pay of a teacher of a school which corresponds to a stage in the time-scale of pay of the post held by the teacher in that school.
Explanation IV. - "Secondary Education" shall have the same meaning as in clause (1) of section 2 of the West Bengal Board of Secondary Education Act, 1963.
Explanation V. - "Higher secondary education" shall have the same meaning as in clause (d) of section 2 of the West Bengal Council of Higher Secondary Education Act, 1975.
Explanation VI. - "Sponsored school" shall mean a school declared as a sponsored school by the State Government by notification;
(o) "Secretary" means the Secretary of the Commission;
(p) "Teacher" means an Assistant teacher or any other person, holding a teaching post of a school and recognised as such by the Board or the Council, as the case may be, an includes the Headmaster or the Headmistress but shall not include the Assistant Headmaster or the Assistant Headmistress or the Teacher holding a post against short term vacancy caused by deputation, leave or lien.