Section 37 in The West Bengal Primary Education Act, 1973
37. District Primary School Councils.
(1)The State Government shall, by notification, establish for each district excluding, [the hill areas and] [Words inserted by W.B. Act 18 of 1988.] the areas included in Calcutta [* * * * *] [Words 'and specified municipality,' omitted by W.B. Act 47 of 1980.] with effect from such dates as may be specified in the notification, a District Primary School Council bearing the name of the district [and, for the sub-division for Siliguri, Siliguri Primary School Council:] [Words inserted by W.B. Act 13 of 1997.][Provided that the State Government shall, by notification, establish for the sub-division of Siliguri (excluding such mauzas of the sub-division as are comprised in the hill areas), with effect from such date as may be specified in the notification, a Primary School Council bearing the name of the sub-division.] [Proviso inserted by W.B. Act 18 of 1988.](2)A District Primary School Council shall consist of the following members, namely :-(1a)[ the Chairman, who shall be appointed by the State Government;] [Clause (1a) inserted by W.B. Act 10 of 1999.](a)the District Inspector of Schools, in charge of primary education;(b)the District Special Officer, Scheduled Castes and Tribes Welfare or where no such officer is posted, the District Tribal Welfare Officer;(c)the District Social Education Officer;(d)one member for each sub-division, elected in the prescribed manner by the members of [Panchayat Samitis within the sub-division from among themselves] [Words substituted for the words 'Anchal Panchayats within the sub-divisions' by W.B. Act 47 of 1980.]:Provided that the number shall in no case be less than three;(e)three members, elected in the prescribed manner by the [(Councilor of municipal areas) within the district from amongst themselves] [Words 'municipalities within the district from amongst themselves' first substituted for the words 'non-specified municipalities within the district' by W.B. Act 47 of 1980, then the words within first brackets substituted for the words 'Commissioners of municipalities' by W.B. Act 13 of 1997.];[* * * * * * * * * * * * * *] [[Proviso omitted by W.B. Act 10 1999, which was as under :-'Provided that in the district of 24-Parganas, four members shall be elected by such municipalities;']](f)three members, elected in the prescribed manner by the members of Zilla Parishad, [from amongst themselves] [Words inserted by W.B. Act 47 of 1980.];(g)one teacher of a [Primary Teachers' Training Institute] [Words substituted for the words 'Junior Basic Training Institution' by W.B. Act 19 of 1994.] in the district, elected in the prescribed manner by the teachers of such institutions in the district;(h)three teachers [* * * * *] [Words 'of whom one shall be a woman' omitted by W.B. Act 47 of 1980.] elected in the prescribed manner by the teachers of primary schools in each sub-division from amongst themselves:[* * * * * * * * * * * *] [[Proviso omitted by W.B. Act 13 of 1997, which was as under :-'Provided that the member shall in no case be less than six;'.]][Provided that the number shall in no case be less than six;] [Proviso inserted by W.B. Act 10 of 1999.](i)[ not exceeding fifty per cent of the members of the West Bengal Legislative Assembly, subject to a maximum of six, not being ministers-, representing the constituencies comprised within the territorial jurisdiction of the district concerned, elected from amongst themselves in the manner prescribed; [[Clauses (i) and (ii) first substituted for original clause (i) by W.B. Act 47 of 1980, then proviso to clause (i) omitted by W.B. Act 18 of 1988, and finally, present clause (i) substituted by W.B. Act 13 of 1997. Previous clauses (i) and (ii) was as under :-'(i) six members of the West Bengal Legislative Assembly, not being Ministers, elected in the prescribed manner by the members of the Legislative Assembly, representing the constituencies comprised within the territorial jurisdiction of the district concerned, from amongst themselves;'.]](ii)one member from the staff of the Primary School Council elected in the prescribed manner by the members of the staff of the District Primary School Council from amongst themselves;](j)[ six persons interested in education, nominated by the State Government of whom - [[Clause (j) substituted by W.B. Act 47 of 1980, which was earlier as under :-'(j) three persons interested in education, nominated by the State Government'.]](i)one shall be a women;(ii)one shall be a member of a Scheduled Caste;(iii)one shall be a member of Scheduled Tribe;(iv)one shall be a member of linguistic minority;(v)one shall be a college teacher;(vi)one shall be a secondary school teacher.](k)[ the Chairman to be appointed by State Government.] [Clause (k) inserted by W.B. Act 19 of 1994.](2A)[ The Siliguri Primary School Council for the sub-division of Siliguri shall consist of the following members, namely] [Sub-Section (2A) inserted by W.B. Act 13 of 1997.] :-(1a)[ the Chairman, who shall be appointed by the State Government;] [Clause (1a) inserted by W.B. Act 10 of 1999.](a)the District Inspector of Schools in charge of primary education;(b)the Special Officer, Scheduled Castes and Tribes Welfare or, where no such officer is posted, the Tribal Welfare Officer-in-charge of the matters concerning the Scheduled Castes and the Scheduled Tribes of the sub-division;(c)the District Social Education Officer;(d)three members elected in the prescribed manner by the members of the Panchayat Samitis within the sub-division from amongst themselves;(e)two members elected in the prescribed manner by the Councilors of the municipal areas within the sub-division from amongst themselves;(f)two members elected in the prescribed manner by the members of the Mahakuma Parishad for the sub-division from amongst themselves;(g)one teacher of a Primary Teachers' Training Institute in the subdivision elected in the prescribed manner by the teachers of such Institutes in the sub-division;(h)three teachers elected in the prescribed manner by the teachers of primary schools in the sub-division from amongst themselves;(i)two members of the West Bengal Legislative Assembly, not being Ministers, elected in the prescribed manner by the members of the Legislative Assembly, representing the constituencies comprised within the territorial jurisdiction of the sub-division, from amongst themselves;(j)one member from the staff of this Primary School Council elected in the prescribed manner by the members of the staff of the Siliguri Primary School Council from amongst themselves;(k)four persons interested in education nominated by the State Government, of whom -(i)one shall be a woman,(ii)one shall be a member of the Scheduled Caste or Scheduled Tribe,(iii)one shall be a member of [linguistic minority community,] [Words substituted for the words 'linguistic minority,' by W.B. Act 10 of 1999.] and(iv)one shall be a secondary school teacher.(3)A District Primary School Council [or, as the case may be, Siliguri Primary School Council] [Words inserted by W.B. Act 13 of 1997.] shall be a body corporate with perpetual succession and a common seal, shall be entitled to acquire, hold and dispose of property, to enter into contracts and to do all other things necessary for the purpose of this Act, and shall by its corporate name sue and be sued.
