Chapter XIII

Transitional provisions

93. [Ad hoc committee] to discharge the functions of Primary School Council until it is established. - (1) Upon the repeal of the enactments referred to in sub-section (1) of section 105 and until a Primary School Council is established for any area, the State Government shall, by notification, appoint, for such period not exceeding one year [at a time as may be specified in notification, an ad hoc committee consisting of such number of members as the State Government may think fit to appoint which] shall exercise, perform and discharge in relation to such area, all the powers, functions and duties of a Primary School Council under this Act:

Provided that the [ad hoc committee] appointed in relation to any area shall vacate his office on the establishment of the Primary School Council for such area.

(2) All things done and all actions taken by the [ad hoc committee] under sub-section (1) shall be deemed to have been done or taken by the Primary School Council as if the Primary School Council were established.

94. Matter to be provided by regulation may be provided by orders of State Government. - Every matter or thing required to be provided by [rules and] regulations under this Act may, until such [rules and] regulations are made, be provided by orders made by the State Government in this behalf.

95. Provisions for removing difficulty. - If any difficulty arises in giving effect to the provisions of this Act, the State Government may take such steps or issue such orders, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the purpose of removing such difficulty.

96. Filling of vacancy when a member ceases to be a member of the category electing him. - If any member of the Board, any Primary School Council or any Committee constituted under this Act, elected, nominated or appointed thereto from a particular category ceases to be a member of such category, he shall, with effect from the date he ceases to be a member of such category, automatically cease to be a member of the Board, such Primary School Council or such Committee, as the case may be.

97. Appointment when electing body is superseded. - If any elected body from which a member is to be elected, appointed or nominated to the Board, any Primary School Council or any Committee constituted under this Act, stands superseded and it is not possible to elect, nominate or appoint the member from such elected body, the Administrator or the executive officer of such elected body shall be the ex officio member of the Board, Primary School Council or the Committee, as the case may be. He shall cease to be such member as soon as the elected body is reconstituted and the ejection is held or the appointment or nomination, as the case may be, is made.

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Chapter XIV

Miscellaneous

99. Power of State Government to suspend proceedings. - (1) The State Government may, by an order in writing specifying the reasons therefor, temporarily suspend the execution of any resolution or order of the Board or a Primary School Council or of any Committee of the Board or the Primary School Council or temporarily prohibit the doing of any act by it which is purported or intended to be done under this Act, if the State Government is of opinion that such resolution, order or act is in excess of the powers conferred by or under this Act upon the Board, the Primary School Council or the Committee, as the case may be.

(2) When any order is made under sub-section (1), the State Government shall give the Board, the Primary School Council or the Committee of the Board or the Primary School Council an opportunity to express its views on such order and after considering the views of the Board, the Primary School Council or the Committee, as the case may be, revoke or confirm such order.

100. Enquiry into the affairs of the Board and the Primary School Council. - (1) The State Government may, from time to time, cause enquiry to be made by any person in regard to the Board or a Primary School Council on matters connected with primary education or any matter with respect to which the sanction, approval, consent or order of the State Government is required by or under this Act.

(2) The person holding such enquiry shall have the powers of a Civil Court under the Code of Civil Procedure, 1908, to take evidence and to compel the attendance of witnesses, and the production of documents for the purpose of enquiry.

(3) The State Government may make orders as to the cost of enquiry made under sub-section (1) and as to the party by whom and the funds out of which such costs shall be paid and such orders may on the application of the State Government or the person named therein be executed as if it were a decree of a Civil Court.

[100A. Bar to simultaneous membership. - (1) Notwithstanding anything contained in section 4, or sub-section (2), or sub-section (2A), of section 37, or sub-section (2) of section 38, where a person is elected as a member of the Board or a Primary School Council, as the case may be, from more than one constituency, he shall retain his membership from one constituency and shall, within thirty days from the date of publication of his name in the Official Gazette under section 6 or section 41, as the case may be, resign his membership from the other constituency or constituencies, as the case may be.

(2) If the person referred to in sub-section (1) does not resign his membership from the other constituency or constituencies, as the case may be, his membership from all the constituencies shall stand cancelled on the expiry of thirty days from the date of publication of his name in the Official Gazette under section 6 or section 41, as the case may be.

(3) The vacancy or vacancies caused under sub-section (2) shall be deemed to be "casual vacancy or casual vacancies, as the case may be, and shall be filled up in accordance with the provisions of section 8 or section 43, as the case may be.]

[100B. Certain disputes to be decided by the Director. - Any dispute relating to -

(a) the eligibility of any person for election as a member of the Board or a Primary School Council, or any Committee thereof, or

(b) the manner in which an election of any person as a member of the Board or a Primary School Council, or any Committee thereof, was held, or

(c) the qualification of any person for continuing as a member of the Board or a Primary School Council, or any Committee thereof,

shall be decided by the Director.]

[100C. Quorum for transaction of business. - The quorum necessary for transaction of business at a meeting of the Board or a Primary School Council, or any Committee thereof, shall be one-fifth of the total number of members of the Board or the Primary School Council, or the Committee thereof, as the case may be.]

101. Certain persons to be deemed to be public servants. - The members of the Board, the Primary School Councils, or the Committees of the Board or the Primary School Councils, persons in the service of the Board, the Primary School Councils or such Committees and any person appointed under this Act to audit the accounts of the Board or of a Primary School Council or to perform any other duties under this Act or the rules and regulations made thereunder shall be deemed, when acting or purporting to act in the discharge of their duties or the exercise of their powers under this Act or under the rules and regulations made thereunder, to be public servants within the meaning of section 21 of the Indian Penal Code.

102. Indemnity. - No suit, prosecution or other legal proceeding whatsoever shall be against any person for anything in good faith done or intended to be done under this Act.

103. Savings. - No act or proceeding taken under this Act by the Board or a Primary School Council or a Committee of the Board or the Primary School Council shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members.

104. Delegation. - (1) The State Government may by notification delegate, subject to such conditions as it may specify, all or any of its powers under this Act to any officer or authority subordinate to it.

(2) Nothing in sub-section (1) shall derogate from the right of the State Government to exercise any of the powers delegated by it under that sub-section.

105. Repeal and continuance. - (1) The Bengal (Rural) Primary Education Act, 1930, the West Bengal Urban Primary Education Act, 1963, and the West Bengal (Rural) Primary Education (Temporary Provisions) Act, 1969, are hereby repealed.

(2) Upon such repeal, -

(a) all properties and assets vested in the District School Board established for a district shall vest in, and all rights, liabilities and obligations acquired or incurred be such District School Board before such repeal shall stand transferred to, the Primary School Council established for the district:

Provided that until such Primary School Council is established such properties and assets shall be deemed to be vested in, and such rights, liabilities and obligations shall be deemed to be transferred to, the [ad hoc committee] appointed under section 93, in relation to the district,

(b) all legal proceedings instituted or remedies enforceable by or against the District School Board established for a district before such repeal may be continued or enforced, as the case may be, by or against the Primary School Council established for the district and until such Primary School Council is established, by or against the [ad hoc committee] appointed under section 93 in relation to the district.

(c) [all officers, teachers and other staff of primary schools] employed by the District School Board established for a district and continuing in office [or primary schools] immediately before such repeal shall be deemed to be employed by the Primary School Council established for the district on such terms and conditions as may be determined by the State Government:

Provided that until such Primary School Council is established such officers and other persons shall be deemed to be employed by the [ad hoc committee] appointed under section 93 in relation to the district.

(3) All primary schools recognized under the Bengal (Rural) Primary Education Act, 1930, for the West Bengal Urban Primary Education Act, 1963, [and all primary schools under private ownership which receive salary for the approved teachers from the State fund and which were recognized by the competent authorities in terms of the orders issued by the Education Department or the Director of Public Instruction from time to time otherwise than the provisions of the said repealed Acts] [shall continue to be recognized] under this Act until the expiration of the period of recognition subject however, to the power of the Primary School Council having jurisdiction to withdraw recognition in accordance with the provisions of this Act.

(4) Notwithstanding the repeal of the Bengal (Rural) Primary Education Act, 1930, all rules, orders and notifications made or issued from time to time under the said Act, applicable to a District School Board and continuing in force immediately before such repeal shall continue in force in so far as they are not inconsistent with the provisions of this Act until they are repealed or amended.

106. Power of State Government to make rules. - (1) The State Government may, after previous publication, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters :-

(a) the manner of election of the members of the Board referred to in clauses (c), (d), (e), (f), (g), (h) and (i) of section 4;

(aa) the conditions subject to which punishment may be awarded -

(i) by the Board on the members of its staff, other than the Secretary and the [Controller of Finance], under sub-section (8) of section 17,

(ii) by a Primary School Council on the members of its staff, other than the Secretary and the [Controller of Finance], under sub-section (3) of section 56,

(iii) by a Primary School Council on teacher, or a member of the non-teaching staff, of a primary school under the control of that Primary School Council;

(b) the allowances, and the rates of allowances, referred to in section 18;

[(bb) the manner of election of the members of the Curriculum Committee referred to in clauses (d), (e), (f) and (h) of sub-section (1) of section 23;]

[(bbb) the manner of election of the members of the Evaluation Committee referred to in clauses (c), (g), (h) and (j) of sub-section (1) of section 24;]

[(bbbb) the manner of election of the members of the Development Committee referred to in clauses (c), (g) and (h) of sub-section (1) of section 25;]

(c) the form of the budget estimate of the Board referred to in sub-section (1) of section 30;

(d) the manner of keeping an account of the Board referred to in section 34, and the manner of examination and audit of accounts of the Board referred to in sub-section (1) of section 35;

[(e) the manner of election of the members of -

(i) a District Primary School Council referred to in clauses (d), (e), (f), (g), (h), (i) and (ii) of sub-section (2) of section 37,

(ii) the Siliguri Primary School Council referred to in clauses (d), (e), (f), (g), (h), (i) and (j) of sub-section (2A) of section 37, and

(iii) the Calcutta Primary School Council referred to in clauses (c), (d), (g), (gg) and (ggg) of sub-section (2) of section 38;]

(f) the form of the budget estimate of the Primary School Council referred to in sub-section (1) of section 69;

(g) the manner of reappropriation to be sanctioned under section 71, the manner of keeping an account of a Primary School Council referred to in section 73 and the manner of examination and audit of accounts of a Primary School Council referred to in section 74;

(h) the manner in which the tax referred to in section 77 shall be levied and collected;

(i) the form of the scheme referred to in, and the particulars referred to in clause (g) of, section 80;

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(k) any other matter which may be, or is required to be, prescribed.

OLD LAW 6

(3) All rules made under this Act shall be laid for not less than fourteen days before the State Legislature as soon as possible after they are made and shall be subject to such modification as the State Legislature may make during the session in which they are so laid. Any modification of the said rules made by the State Legislature shall be published in the Official Gazette, and shall, unless some later date is appointed by the State Government, come into force on the date of such publication.

[107. Power of State Government to issue notification or order in place of making rules. - Notwithstanding anything contained in section 106 or elsewhere in this Act, the State Government may -

(a) issue any notification or order for carrying out any of the purposes of this Act for which that Government does not consider it necessary to make rules, or

(b) issue any notification or order, not inconsistent with the provisions of this Act, in place of making rules under this Act if that Government considers it necessary so to do.]