State Act

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This Act was repealed on a date we do not have by the West Bengal Board of Secondary Education Act, 1963 (5 of 1963), s.46; it may still apply to matters that began before then.

55. (1) If in the opinion of the State Government the Board has shown its incompetence to perform, or persistently made default in the performance of, the duties imposed or exceeded or abused the powers conferred upon it by or under this Act, the State Government shall formulate in writing specific charges against the Board in respect of those matters and shall forward a copy of such charges to the Board with the direction to the Board to submit any comments or explanations in respect thereof to the State Government within such period as may be specified by the State Government in this behalf. If after the Board has submitted such comments or explanations the State Government is of opinion that they are not satisfactory the State Government shall refer the charges formulated against the Board, together with the comments and explanations so submitted, for opinion to an Investigation Commission appointed by the State Government and the Investigation Commission shall thereupon inquire into the said charges in accordance with such procedure as may be prescribed by rules and forward its opinion thereon to the State Government. After consideration of the opinion of the Investigation Commission or where the Board does not submit any comments or explanations within the period specified in this behalf, after the expiry of the said period, the State Government may, if it thinks fit, by notification, remove the elected, appointed and co-opted members of the Board and direct that the Board be reconstituted by a fresh election, appointment and co-option of members in accordance with the provisions of section 4 and in every such case the State Government shall, as soon as may be, lay before the State Legislature a copy of the said notification together with a statement of the reasons which led to the issue of the order contained in such notification. (2) Until the Board is reconstituted as directed under sub-section (1), the powers and duties of the Board shall be exercised and performed by, and the property vested in the Board shall vest in, such person as the State Government may specify in the said notification.