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State of West Bengal - Section

Section 38 in The West Bengal Primary Education Act, 1973

38. Calcutta Primary School Council.

(1)The State Government shall, by notification, establish for Calcutta, with effect from such date as may be specified in the notification, a Primary School Council to be called the Calcutta Primary School Council.
(2)The Calcutta 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 (Primary Education) Calcutta;
(aa)[ the District Social Education Officer, Calcutta;] [Clauses (aa) and (aaa) inserted by W.B. Act 47 of 1980.]
(aaa)[ the Deputy Director of [School] [Clauses (aa) and (aaa) inserted by W.B. Act 47 of 1980.] Education (Anglo-Indian Schools);]
(b)the Chairman, Calcutta Metropolitan Development Authority or any person nominated by him;
(c)[ six persons elected in the prescribed manner by the Councilors of the [Calcutta Municipal Corporation] [[Clause (c) substituted by W.B. Act 47 of 1980, which was earlier as under :-
'(c) four persons elected in prescribed manner in accordance with the system of proportional representation by means of the single transferable vote by the Councilors of the Calcutta Corporation;'.]] from amongst themselves;]
(d)[ nine teachers elected in prescribed manner by the teachers of primary schools in Calcutta from amongst themselves;] [[Clause (d) substituted by W.B. Act 47 of 1980, which was earlier as under :-
'(d) five teachers other than head teachers of whom at least two shall be women, elected in the prescribed manner in accordance with the system of proportional representation by means of the single transferable vote by the teachers of primary schools in Calcutta from amongst themselves;'.]][* * * * * * * * * * * * * * *] [[Clause (e) omitted by W.B. Act 47 of 1980, which was earlier as under :-'(e) one head teacher elected in the prescribed manner by the head teachers of primary schools in Calcutta from amongst themselves;'.]][* * * * * * * * * * * * * * *] [[Clause (f) omitted by W.B. Act 47 of 1980, which was as under :-'(f) one teacher elected in the prescribed manner by the teachers of secondary schools in Calcutta from amongst themselves;'.]]
(g)[ six members of the West Bengal Legislative Assembly, not being Ministers, elected in the prescribed manner by the members of the Legislative Assembly representing constituencies comprised within the territorial jurisdiction of the [Calcutta Municipal Corporation,] [[Clauses (g), (gg) and (ggg) substituted for original clause (g) by W.B. Act 47 of 1980, Original clause (g) was as under :-
'(g) the members of the West Bengal Legislative Assembly not being Ministers, representing constituencies comprised within the territorial jurisdiction of the Calcutta Corporation;'.]] from amongst themselves;]
(gg)[ one teacher of a [Primary Teachers Training Institute] [[Clauses (g), (gg) and (ggg) substituted for original clause (g) by W.B. Act 47 of 1980, Original clause (g) was as under :-
'(g) the members of the West Bengal Legislative Assembly not being Ministers, representing constituencies comprised within the territorial jurisdiction of the Calcutta Corporation;'.]] of Calcutta elected in the prescribed manner by the teachers of the [Primary Teachers' Training Institute] [Words substituted for the words 'Junior Basic Training Institute' by W.B. Act 19 of 1994.] of Calcutta from amongst themselves;]
(ggg)[ one member from the staff of the Primary School Council, Calcutta, elected in the prescribed manner from amongst themselves;] [[Clauses (g), (gg) and (ggg) substituted for original clause (g) by W.B. Act 47 of 1980, Original clause (g) was as under :-
'(g) the members of the West Bengal Legislative Assembly not being Ministers, representing constituencies comprised within the territorial jurisdiction of the Calcutta Corporation;'.]]
(h)six 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 Anglo-Indian community;
(iii)[one shall be a member] [Words substituted for the words 'one shall be members' by W.B. Act 47 of 1980.] of the linguistic minority communities in Calcutta;
(iv)[ one shall be a member of a Scheduled Caste;] [Clauses (iv), (v) and (vi) inserted by W.B. Act 47 of 1980.]
(v)[ one shall be a secondary teacher;] [Clauses (iv), (v) and (vi) inserted by W.B. Act 47 of 1980.]
(vi)[ one shall be a college teacher.] [Clauses (iv), (v) and (vi) inserted by W.B. Act 47 of 1980.]
[* * * * * * * * * * * * * * * * *] [[Clause (i) first inserted by W.B. Act 19 of 1994, then omitted by W.B. Act 10 of 1999, which was as under :-'(i) the Chairman to he appointed by the State Government.'.]]
(3)The Calcutta Primary School shall be a body corporate having perpetual succession and a common seal, shall be entitled to acquire, hold and dispose of property, to enter into contacts and to do all other things necessary for the purposes of this Act, and shall by its corporate name sue and be sued.