West Bengal Madrasah Service Commission Act, 2008
No: 25 Dated: Oct, 22 2008
THE WEST BENGAL MADRASAH SERVICE COMMISSION ACT, 2008.
West Bengal Act XXV of 2008
An Act to provide for the constitution of Madrasah Service Commission in West Bengal and for Matters connected there with, or incidental thereto, -
Whereas it is expedient to provide for the constitution of Madrasah Service Commission in West Bengal 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:-
1. Short title, commencement and application. - (1) This Act may be called the West Bengal Madrasah Service Commission Act, 2008.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
(3) This Act shall apply to all Recognized Non-Government Aided Madrasahs in West Bengal.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Ad hoc Committee" means the ad hoc Committee of the Madrasah formed by the West Bengal Board of Madrasah Education;
(b) "Administrator" means the Administrator appointed by the West Bengal Board of Madrasah Education;
(c) "Appointing authority" means the Managing Committee, ad hoc Committee or the Administrator, as the case may be, and includes, in case of absence of Managing Committee, ad hoc Committee or the Administrator, the Headmaster, the Headmistress or the Teacher-in-charge, as the case may be;
(d) "Board" means the West Bengal Board of Madrasah Education established under the West Bengal Board of Madrasah Education Act, 1994 (West Ben. Act XXXIX of 1994);
(e) "Chairman" means the Chairman of the Commission;
(f) "Commission" means the West Bengal Madrasah Service Commission constituted under section 3 of this Act;
(g) "Competent authority" means the West Bengal Board of Madrasah Education, Director, Public Instruction, Director, School Education, Director, Madrasah Education;
(h) "Council" means the West Bengal Council of Higher Secondary Education established under the West Bengal Council Of Higher Secondary Education Act, 1975 (West Ben. Act VIII of 1975);
(i) "Director" means the Director of Madrasah Education;
(j) "Headmaster" or "Headmistress" means the head of the teaching staff of a Madrasah, by whatever name designated, and includes Superintendent of Senior Madrasah;
(k) "Madrasah" means a Recognized Non-Government Aided Senior Madrasah, Junior High Madrasah, High Madrasah or Higher Secondary Madrasah imparting instruction in-
(i) High Madrasah Education System within the meaning of sub- clause (i),
(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; or
(iii) Higher Secondary Education;
Explanation I. - "recognised" with its grammatical variations, used with reference to a Madrasah, shall mean-
(a) recognized or deemed to have been recognized under the West Bengal Board of Madrasah Education Act, 1994, or
(b) recognized under the West Bengal Council Of Higher Secondary Education Act, 1975;
Explanation II. - "Aided" with its grammatical variations, used with reference to a Madrasah, shall mean aided by the State Government in the shape of financial assistance towards basic pay of the teachers of Madrasah;
Explanation III. - "basic pay" shall mean the monthly pay of a teacher of a madrasah which corresponds to a stage in the timescale of pay of the post held by the teacher in that madrasah;
Explanation IV. - "Madrasah Education" shall have the same meaning as in clause (g) of section 2 of the West Bengal Board of Madrasah Education Act, 1994 (West Ben. Act XXX1X of 1994);
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 (West Ben. Act VIII of 1975);
(l) "Managing Committee" means the Managing Committee constituted under the West Bengal Board of Madrasah Education Act, 1994;
(m) "member" means:a member;of the Commission, and includes the Chairman;
(n) "notification" means a notification published in the Official Gazette;
(o) "prescribed" means prescribed by rules made under this Act;
(p) "recommended" means recommended by the Commission;
(q) "regulations" means the regulations made by the Commission under this Act;
(r) "Secretary" means the Secretary of the Commission;
(s) "Teacher" means an Assistant Teacher, or any other person holding a teaching post of a madrasah recognized as such by the Board or the Council, as the case may be, and shall include the Headmaster, the Headmistress or the Superintendent;
(t) "vacant post" means a vacancy, caused by-
(i) creation of new post by the State Government, or
(ii) retirement, death, 'resignation, removal ,or dismissal of any person from the post of teacher, the post having been sanctioned by the Competent authority or the State Government,
but shall not include a Short-term vacancy due to deputation, leave or lien and that of a part time post or the post of Assistant Headmaster or Assistant Headmistress.
3. Constitution of Commission. - (1) The State Government shall, with effect from such date as it may, by notification, appoint, constitute a Commission by the name of the West Bengal Madrasah Service Commission.
(2) The State Government may, if it thinks necessary and deems fit, constitute regional commission by the name of the West Bengal Regional Madrasah Service Commission under the West Bengal Madrasah Service Commission for such region as it may consider necessary or open its branch office, if necessary.
(3) The State Government may, by notification, enlarge or reduce the territorial jurisdiction of a Regional Commission.