Section 91 in The West Bengal Primary Education Act, 1973
91. [ Appeal Committee. [[Section 91 substituted by W.B. Act 10 of 1999, which was earlier as under :-
'91. Tribunal. - (1) There shall be a Tribunal which shall consist of person who is or has been a judicial officer, not below the rank of a Subordinate Judge, appointed by the State Government.(2)The Tribunal shall decide, -(i)every appeal filed by a teacher or a member of the non-teaching staff of a primary school or an employee of a Primary School Council against the decision of the appeal committee constituted under section 67, in cases where the punishment awarded is dismissal, removal or reduction in rank or such other punishment as may be prescribed, and(ii)every dispute concerning, -(a)the eligibility of any person for election as a member of the Board or any Primary School Council or any committee of the Board or the Primary School Council under this Act, or(b)the manner in which such election was held, or(c)the qualification of any member of the Board or any Primary School Council or any committee of the Board or the Primary School Council, to continue as such member.'.]](1)The Board shall constitute an Appeal Committee.(2)The Appeal Committee shall consist of the following members :-(a)one person who is or has been a member of the West Bengal Higher Judicial Service, to be nominated by the State Government;(b)two teachers to be nominated by the Board from amongst the teachers elected to the Board under clause (d) of section 4;(c)[ the Director of School Education, Government of West Bengal or his nominee not below the rank of a Deputy Director of School Education; and](d)a member of a Primary School Council, who is also an employee of that Primary School Council, to be nominated by the Board.(3)The person nominated under clause (a) of sub-section (2) shall be the Chairman of the Appeal Committee.(4)The Secretary of the Board referred to in sub-section (1) of section 17 shall be the Secretary of the Appeal Committee.(5)It shall he the duty of the Appeal Committee to hear and decide every appeal by -(a)a teacher, or a member of the non-teaching staff, of a primary school under the control of a Primary School Council, or a member of the staff, other than the Secretary and the [Controller of Finance] [Words substituted for the words 'Finance Officer' by W.B. Act 17 of 2009.], of a Primary School Council, against any decision of such Primary School Council adversely affecting such teacher or member of the non-teaching staff of such primary school or such member of the staff of such Primary School Council, and(b)a member of the staff, other than the Secretary and the [Controller of Finance] [Words substituted for the words 'Finance Officer' by W.B. Act 17 of 2009.], of the Board, against any decision of the Board adversely affecting such member of the staff of the Board,in accordance with such regulations as may be made by the Board in this behalf.(6)The decision of the Appeal Committee under sub-section (5) shall be final and no suit or proceeding shall lie in any court in respect of any matter which has been, or may be, referred to, or has been decided by, the Appeal Committee.(7)The honorarium or remuneration, if any, of the Chairman of the Appeal Committee shall be such as may be determined by the State Government.]
