State Act
Section 38. Powers and duties of the President.
The West Bengal Secondary Education Act, 1950
This Act was repealed on a date we do not have by the West Bengal Board of Secondary Education Act, 1963 (5 of 1963), s.46; it may still apply to matters that began before then.
38. (1) The executive authority of the Board and of the Executive Council shall vest in the President who shall be responsible for carrying out and giving effect to the decisions of the Board, the Executive Council and of any Committee constituted under this Act. (2) The President shall not, without the approval of the Board or the Executive Council, exercise, any power which is by or under this Act expressly conferred upon the Board or the Executive Council, as the case may be: Provided that if any emergency arises which, in his opinion, necessitates the exercise of any such power, he may exercise such power in a manner which is not contrary to any decision of the Board or the Executive Council, as the case may be, and shall, as soon as may be thereafter, report to the Board or the Executive Council, as the case may be, the action taken by him and his reasons for taking such action. (3) In addition to any other powers or duties conferred or imposed upon him by or under this Act, the President shall,— (a) subject to the orders of the Board, control and be responsible for the efficiency and discipline of the Secretary and other persons appointed by the Board, and shall post and transfer such persons; (b) sanction at the rates prescribed by regulations all claims or travelling or halting allowance properly presented under section 19; (c) make and receive all payments on behalf of the Board and the Executive Council and ensure that payments to and from the Secondary Education Fund are made in accordance with the decisions of the Board and the Executive Council and in conformity with the rules made in this behalf; and (d) take such other action not inconsistent with any decisions of the Board or the Executive Council as he considers necessary for the proper functioning of the Board under this Act.