The West Bengal Administrative ( Adjudication Of School Disputes ) Commission Act, 2008
west-bengal · 2008
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the West Bengal Administrative (Adjudication of School Disputes) Commission Act, 2008
- S. 2Section defines key terms used in the West Bengal Administrative (Adjudication of School Disputes) Commission Act, 2008.
- S. 3Section establishes a commission to adjudicate school disputes in West Bengal.
- S. 4Section 4 establishes the composition and jurisdiction of the West Bengal Administrative Commission for adjudicating school disputes.
- S. 5Section 5 specifies qualifications and appointment procedures for members of the West Bengal Administrative (Adjudication of School Disputes) Commission.
- S. 6Section 6 sets the term and reappointment eligibility for the Chairperson and Members of the West Bengal Administrative Commission.
- S. 7Section 7 sets the minimum salary and service terms for the Commission's Chairperson and Members, ensuring they are at least equal to a Special Secretary's.
- S. 8Section 8 bars individuals with certain criminal, financial, mental, employment, citizenship, or other disqualifications from serving on the school dispute commission.
- S. 9Section 9 outlines the resignation, disqualification, and removal procedures for members of the West Bengal Administrative (Adjudication of School Disputes) Commission.
- S. 10Section 10 authorizes the Commission to appoint a Registrar and determine staff terms, subject to State Government approval.
- S. 11The Chairperson shall have administrative superintendence over all the Benches
- S. 12Section 12 establishes the West Bengal Administrative Commission's exclusive jurisdiction over school disputes, barring criminal cases.
- S. 13Section 13 grants the Commission jurisdiction to adjudicate school disputes and make orders for redressal, including declaring legal effects and rights.
- S. 14Section 14 grants the Commission the same powers as a civil court for adjudicating school disputes and deems its proceedings as judicial.
- S. 15Section 15 grants the Commission power to inspect schools and related places during school dispute proceedings.
- S. 16Section 16 grants the Commission all powers of a court, including contempt punishment, to be exercised as specified.
- S. 17Section 17 mandates all persons and civil authorities to comply with the Commission's judgments and orders.
- S. 18Section 18 allows individuals and authorities to petition and present cases before the Commission either personally or through an advocate.
- S. 19Section 19 allows societies or Trade Unions to represent members in school dispute petitions, with certain restrictions.
- S. 20Section 20 allows the Commission to decide on the admissibility of school dispute petitions and proceed accordingly, with specific timelines and conditions for rejection.
- S. 21Section 21 outlines the methods for serving notices under the Act, including registered post and courier services.
- S. 22Section 22 outlines the Commission's procedural autonomy and mandates timely, reasoned decision-making in school dispute adjudications.
- S. 23Section 23 restricts the Commission from routinely granting adjournments, but allows it for valid reasons, up to 15 days.
- S. 24Section 24 mandates the West Bengal Administrative Commission to resolve school disputes within one month, recording reasons for any delays.
- S. 25Section 25 allows the West Bengal Administrative Commission to correct any clerical or arithmetic errors in its judgments or orders.
- S. 26Section 26 allows the Commission to clarify any ambiguous, vague, or inconsistent judgment or order.
- S. 27Section 27 allows the Commission's proceedings to be public but permits restricted access for specific reasons.
- S. 28Section 28 mandates the Commission to resolve school disputes promptly and fairly without undue delays.
- S. 29No suit or other proceeding in respect of a school dispute shall lie to a civil court
- S. 30Section 30 ensures that existing school disputes in court continue without transfer to the Commission.
- S. 31Section 31 prohibits appeals against interim orders by the Commission, but allows appeals against final orders to a High Court Division Bench.
- S. 32Section 32 ensures the validity of Commission actions despite vacancies or defects, provided basic justice is observed.
- S. 33Section 33 mandates the Commission to maintain records and have its annual accounts audited by the West Bengal Accountant-General.
- S. 34Subject to the provision of this Act, the Chairperson shall exercise such financial powers as may be prescribed
- S. 35Section 35 deems Commission members and staff as public servants under the Indian Penal Code when acting under the Act.
- S. 36Section 36 provides immunity from suits against the Commission and its members for actions taken in good faith under the Act.
- S. 37Section 37 overrides any conflicting laws or instruments for the Act's provisions.
- S. 38(1) The State Government may, by notification, make rules for carrying out the purposes of this Act
- S. 39Section 39 authorizes the Commission to make regulations with state government approval for its operations and procedures.
- S. 40Power to remove difficulties
- S. 1973West Ben