West Bengal Administrative (Adjudication of School Disputes) Commission Act, 2008

No: 34 Dated: Dec, 29 2011

THE WEST BENGAL ADMINISTRATIVE (ADJUDICATION OF SCHOOL DISPUTES) COMMISSION ACT, 2008

West Bengal Act XXXIV of 2008

    An Act to provide for establishment of the West Bengal Administrative (Adjudication of School Disputes) Commission for better protection of the rights of teachers and non-teaching staff of the schools in the State and for efficient disposal of the school disputes and for matters connected therewith or incidental thereto.

    WHEREAS it is expedient to provide for establishment of the West Bengal Administrative (Adjudication of School Disputes) Commission for better protection of the rights of teachers and other non-teaching staff of the schools in the State and for efficient disposal of the school disputes and for matters connected therewith or incidental thereto;

    It is hereby enacted in the Fifty-ninth Year of the Republic of India, by the Legislature of West Bengal, as follows:—

CHAPTER I

Preliminary

1. Short title and commencement:- (1) This Act may be called the West Bengal Administrative (Adjudication of School Disputes) Commission Act, 2008.

(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) "Administrative Member" means a Member of the Commission appointed as such under section 5;

(b) "Bench" means a Bench of the Commission;

(c) "Chairperson" means the Chairperson of the Commission;

(d) "Commission" means the West Bengal Administrative (Adjudication of School Disputes) Commission established under section 3;

(e) "Legal Member" means a Member of the Commission appointed as such under section 5;

(f) "Member" means a Member of the Commission and includes the Chairperson;

(g) "notification" means a notification published in the Official Gazette;

(h) "prescribed" means prescribed by rules made under this Act;

(i) "school" means—

(a) a school as recognized under the State Acts but does not include a Government School;

(b) an unaided 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;

(j) "school authority", in relation to a school, means the governing body, managing committee or ad hoc committee or any other body, by whatever name it is called, which is charged with the management of the affairs of the school, and includes the administrator of the school;

(k) "school disputes" means all disputes relating to—

(i) determination of strength of teaching staff and of non-teaching staff,

(ii) inquiry or inspection,

(iii) funds,

(iv) service matters of a person in a school,

(v) sanction of additional post,

(vi) selection of site for setting up of a school,

(vii) any contract under which any person is appointed to any post,

(viii) payment of compensation to any person appointed to any post,

(ix) any other matter which may be prescribed, of a school and includes all disputes relating to setting up of a new school and upgradation of an existing school.

Explanation.—For the purposes of this clause, "service matter", in relation to service of a person in a school, means any matter relating to—

(i) recruitment,

(ii) appointment,

(iii) approval of post,

(iv) pay, remuneration (including allowances), pay fixation, pension and other retirement benefits,

(v) posting of service,

(vi) tenure, seniority, reversion, premature retirement and superannuation,

(vii) leave of any kind,

(viii) disciplinary matters, or

(ix) any other matter which may be prescribed;

(1) "society" means a society within the meaning of the Societies Registration Act, 1860 or under any corresponding law for the time being in force in the State;

(m) "specified" means specified by the regulations made under this Act;

(n) "specified State Act" means a State Act specified in the Schedule;

(o) "State Government" means the Government of West Bengal;

(p) "Trade Union" means a Trade Union as defined in clause (h) of section 2 of the Trade Unions Act, 1926.

CHAPTER II

Establishment and Composition of Commission

3. Establishment of Commission:- The State Government shall, by notification, establish, from such date as may be appointed in such notification, a Commission called the West Bengal Administrative (Adjudication of School Disputes) Commission.