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State of West Bengal - Section

Section 4 in The West Bengal School Service Commission Act, 1997

4. Appointment and terms and conditions of service of members.

(1)
(a)The Chairman and other members shall be appointed by the State Government:
[Provided that from amongst such Chairmen of the Regional Commissions so appointed, one shall be appointed ex officio member of the Central Commission by the State Government on rotational basis.] [Proviso inserted by W.B. Act 5 of 2001.]
(b)The Chairman and other members shall hold office for a term of four years [but in the case of ex officio member such term shall be one year] [Words inserted by W.B. Act 5 of 2001.]:
Provided that a person who has held office as Chairman or other shall, on the expiration of the term of his office, be eligible for further appointment as Chairman or other member:Provided further that no person who has attained the age of [sixty eight years] [Substituted 'sixty-two years' by Act No. 44 of 2017, dated 2.11.2017.] shall be eligible to hold office as Chairman or other member.
(1A)[ Notwithstanding anything contained in sub-section (1) or elsewhere in this Act, if the State Government is of opinion that it is necessary so to do in the exigencies of the public service, it may, by order, extend the term of appointment of any person holding the office of the Chairman or other member, who has attained the age of [sixty eight years] [Sub-Section (1A) inserted by W.B. Act 18 of 2000.] for such period, not exceeding one year, as may be specified in the order.]
(2)If the office of the Chairman or any other member becomes vacant by reason of resignation or otherwise or if the Chairman is, by reason of absence or for any other reason, unable to perform the duties of his office, then, until a Chairman or other member is appointed under sub-section (1) or until the Chairman resumes his duties, as the case may be, the duties of the Chairman or the other member, as the case may be shall be performed by such other member as the State Government may appoint in this behalf.
(3)The Chairman or any other member may resign his office by writing under his hand addressed to the State Government, but he shall continue in office until his resignation is accepted by the State Government.
(4)
(a)The office of the Chairman shall be whole-time; the other members shall be honorary.
(b)[ Of the five members as aforesaid, - [[Clause (b) Substituted by W. B. Act 21 of 2007, which was earlier as under:
'(b) The salary of the Chairman and the honorarium of the other members shall be such as may be determined by the State Government.'.]]
(i)one shall be a person who, not being an educationist, occupies or has occupied, in the opinion of the State Government, a position of eminence in public life or in judicial or administrative service,
(ii)one shall be a person belonging to Minority of West Bengal, and
(iii)three shall be the persons having teaching experience, either as a Teacher of a University or as a Principal of a college for a period of not less than ten years, or as a teacher, other than Principal of a college, or as a Headmaster or Headmistress, for a period of not less than fifteen years.]
(c)Subject to the foregoing provisions of this sub-section, the other terms and conditions of service of the Chairman and other members shall be such as may be prescribed.