Court : Kolkata
Reported in : 2005(3)CHN613,[2005(107)FLR780],(2005)IIILLJ161Cal
..... the learned counsel for the parties, the short question that falls for determination before this court is whether the provisions of the west bengal non-government educational institutions and local authorities (control of employees' provident fund) act, 1983 and the west bengal recognised non-government educational institution employees (death-cum-retirement benefit) scheme, 1981 would apply to the present school which is administered by a trust.submission on behalf of the respondent/school4 ..... therefore, this institution is excepted from the application of the 1983 act as contemplated in sub-section (4) of section 1.a 'non-government educational institution' has been defined in section 2(6) of the said act to mean an educational institution not maintained or managed by the state government. ..... the 1983 act in section 1 sub-section (4) makes it applicable to all 'non-government educational institutions' except the educational institutions administered by religious or linguistic minorities or under any trust or not in receipt of financial assistance from the state government. ..... but in order to come within the purview of the 1983 act, it must satisfy the applicability test under section 1 sub-section (4) under which we have already examined and found that the present institution is excepted.12. ..... now let us examine the applicability of the 1981 scheme. ..... now let us examine whether it comes under clause (iii). .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(3)CHN578
..... was passed by the council in terms of section 14(3)(a) of the national council teacher education act, 1993 granting recognition to the said college. ..... recognition to an institution for a course or training in teacher education under sub-section (3) shall be published in the official gazette and communicated in writing for appropriate action to such institution and to the concerned examining body, the local authority or the state government and the central ..... section 2(d) of the 1993 act, the expression examining body has been defined to mean 'university agency or authority to which an institution is affiliated for conducting examinations in teacher education ..... further enquiry and further information, if any, the executive council is satisfied that there are suitable buildings and provisions for all other requirements neccessary to ensure the maintenance of the standard of the proposed educational programme, it may, after considering the views of state government in this respect, by order grant to the college, subject to the terms and conditions of (affiliation laid down in these statutes, affiliation ..... of statute 37 of the vidyasagar university first statutes, 1983 framed in exercise of the power conferred by section 57(2) of the vidyasagar university act, 1981. ..... the university, is that the power or authority of the university to enquire into the question of adequacy of infrastructural facilities is derived from statutes 42 and 43 of the vidyasagar university first statutes, 1983. .....
Tag this Judgment!Court : Kolkata
Reported in : (2006)3CALLT490(HC)
..... which took the shape of rule was issued and/or framed in exercise of powers conferred by sub-section (1) and in particular by clause (p) of sub-section (2) of section 66 of bengal rural primary education act, 1930. ..... order which has been issued in terms of theearlier provision of bengal rural primary education act regardingdeemed suspension is also a service condition that means all the service conditions of the bengal rural primary education act go by virtue of rule 35 of the rules framed under west bengal primary education act and these rules came into force effective from november 22, 1991. ..... section 105 of the said act which contains repeal and continuance is quoted hereinbelow:(1) the bengal (rural) primary education act ..... from the notification the same has been issuedunder the powers conferred under section 66 of the bengal rural primary education act, 1930. ..... 1930 and the west bengal urban primary education act, 1963 and the west bengal (rural) primary education (temporary provision) act, 1969; regarding appointment of teachers and service conditions of primary teachers, contrary to the provisions of these rules, are hereby repealed in the districts where the west bengal primary education act, 1973 (43 of 1973) has come into force:provided that appointment of all teachers made with the approval of the director prior to the ..... dilipkumar raghavendranath nadkarni : (1983)illj1sc the court held that the expression 'life' does: not merely connote animal existence or a continued .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(4)CHN60
..... section 105 of the said act which contains repeal and continuance is quoted hereinbelow:' (1) the bengal (rural) primary education act, 1930, the west bengal urban primary education act, 1963 and the west bengal rural primary education (temporary provisions)act, 1969 ..... -all rules and orders made under the bengal (rural) primary education act, 1930 and the west bengal urban primary education act, 1963 and the west bengal (rural) primary education (temporary provision) act, 1969 regarding appointment of teachers and service conditions of primary teachers, contrary to the provisions of these rules, are hereby repealed in the districts where the west bengal primary education act 1973 (43 of 1973) has come into force:provided that appointment ..... took the shape of rule was issued and/or framed in exercise of powers conferred by sub-section (1) and in particular by clause (p) of sub-section (2) of section 66 of bengal (rural) primary education act, 1930. ..... order which has been issued in terms of the earlier provision of bengal (rural) primary education act regarding deemed suspension is also a service condition that means all the service conditions of the bengal (rural) primary education act go by virtue of rule 35 of the rules framed under west bengal primary education act and these rules came into force effective from november 22,1991. ..... dilipkumar raghavendranath nadkarni, : (1983)illj1sc , the court held that the expression 'life' does; not merely connote animal existence or a continued .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)1CALLT63(HC),1998(2)CHN276
..... school council is established such officers and other persons shall be deemed to be employed by the ad-hoc committee appointed under section 93 in relation to the district (3) all primary schools recognised under the bengal (rural) primary education act, 1930 or the west bengal urban primary education act, 1963, shall be deemed to have been recognised under this act until the expiration of the period of recognition subject, however, to the power of the primary school council having jurisdiction to ..... relation to the secondary teachers the learned judge observed :-'the aforesaid memorandum dated 31st july, 1981 shall not be operative in case of those primary teachers who are covered by the bengal (rural)primary education act, 1930 until the existing rule 4a framed under the said act of 1930 is suitably amended, and if already amended, the memorandum of 31st july, 1981 shall be applicable to them as well with all its force.'11. ..... in respect of the areas which were not covered by 1930 act, the state enacted west bengal urban primary education act the scheme laid down under the 1930 act was required to be implemented by the district school board, a body corporate ..... 32 was examined by a special bench of this court in smt.ujjam ..... union of india, : (1983)illj104sc , relle on by shri salve and followed in delhi cloth & general ..... , : [1983]3scr438 , that a statute is not properly called a retrospective statute because a part of the requisities for its action is drawn antecedent to is passing .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(1)CHN34,[2006(109)FLR909]
..... the said three sections are quoted hereinbelow for facilitation of discussion :section 105 of the said act which contains repeal and continuance is quoted hereinbelow :(1) the bengal (rural) primary education act, 1930, the west bengal urban primary education act, 1963 and the west bengal (rural) primary education (temporary provisions) act, 1969 are hereby repealed. ..... evaluation committee referred to in clauses (e), (g), (h) and (f) of sub-section (1) of section 24;c) the form of the budget estimate of the board referred to in sub-section (1) of section 30;d) the manner of keeping an account of the board referred to in section 34 and the manner of examination and audit of accounts of the board referred to in sub-section (1) of section 35;e) the manner of election of the members of --i) a district primary school council referred to in clauses (d), (e), (f), (h), (i) and (j) of sub-section (2) of section 37,ii) the siliguri primary school council referred to in clauses (d), (e), (f), (g), (h), (i) and (f) of sub-section (2a) of section 37, andiii) the calcutta primary school council .....
Tag this Judgment!Court : Kolkata
Reported in : (1990)2CALLT327(HC),94CWN1166
..... march, 1970, as it apparently appears, was issued by substituting a new rule 4a' in place of the old rule 4a under the provision of section 66(2) (p) of the bengal (rural) primary education act, 1930 by which the district school boards set up under the act of 1930 were to act in accordance with the new amended rule 4a by giving extention of service year by year till the age of 65 years. ..... rule 28 of the management of recognized non-government institutions (aided and unaided) rules, 1969 framed under sections 45(1) and 45(2) (d) of the west bengal board of secondary education act, 1963 deals with powers of the managing committee and rule 28(1) (iii) thereof does not deal with the age of superannuation or the period of extension of service after ..... to paragraph 4 of the terms of reference to the second pay commission wherein it is stated that the commission would also examine the structure of emoluments and the condition of service of the teachers and non-teaching staff in state government, sponsored or aided ..... ' it must be noted here that in 1983-85 another commission was appointed which is popularly known as chattopadhyay commission and dealing with the age of superannuation of the teachers the commission recommended that the retirement age of school teachers, ..... thereafter the chattopadhyay commission (1983-85) again went into the question and recommended that the age of retirement of school teachers whether in private or ..... dated 12th september, 1983) supersedes any statutory rules .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(2)CHN67
..... the boards established by and under the west bengal board of secondary education act and the west bengal board of madrasah education act decide the syllabus to be taught at the secondary level and also conduct the secondary examinations. ..... the council, established by the west bengal council of higher secondary education act, decides the syllabus to be taught at the higher secondary level and conducts higher secondary examinations. ..... the other three of such laws, with which we are concerned here, are the west bengal board of secondary education act, 1963, the west bengal council of higher secondary education act, 1975 and the west bengal board of madrasah education act, 1994.4. ..... primary education at present is imparted through primary schools, all of which are controlled and managed by the district primary school councils, established by and under the west bengal primary education act, 1973. ..... one of them is the west bengal primary education act, 1973. ..... we feel that the boards and the council, established by the abovementioned acts, and the director of school education, government of west bengal, should be jointly made responsible for not recognizing an institution unless the institution satisfies the minimum specified standard for establishment of an institution capable of imparting secondary and higher secondary education.13. ..... the syllabus to be taught at the primary level is determined by the west bengal board of primary education, constituted by and under the said act.7. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal78,[1973]43CompCas337(Cal)
..... taking into consideration the above provisions of the cess act and the bengal (rural) primary education act it seems to us that no determination of cess is necessary for the purpose of making a lawful demand for realisation of the snmc ..... in our view the trial court was in error in holding that a revaluation or re-assessment of liability for cess is necessary and that sub-sections (1) and (2) of section 42 as also section 42-a of the estates acquisition act do not confer any authority or prescribe any mode for effecting any revaluation or re-assessment of liability for cess. ..... neither the cess act nor the bengal (rural) primary education act requires a determination of cess covered by the two statutes ..... there are similar provisions in the bengal (rural) primary education act, 1930 for levy of education cess. ..... it was, therefore, held by the trial court that the purported revision or re-assessment of the cess in the proceedings under section 42(2) of the act was illegal and void and the certificate in respect of the cess, based on such revision or re-assessment was equally illegal and unauthorised.13 ..... it appears that the additional depuly commissioner, jalpaiguri, notified the manager of the tea estate on april 13, 1967 that rent, cess and education cess had been determined in respect of tea estate under section 42(ii) of the estates acquisition act. ..... section 29 (2) of this act provides that primary education cess shall be levied at the rate of 5 pice on each rupee of annual value of land .....
Tag this Judgment!Court : Kolkata
Reported in : (1991)2CALLT201(HC),95CWN754
..... although the west bengal (rural) primary education act 1930 has been repealed, the rules framed under section 66(2) of the said act with amendments and substitution are yet in ..... , only the question of recognition of such school can be considered in accordance with the provisions of section 60(1)(i) of the west bengal primary education act, 1973 which has come into force after repeal of the west bengal (rural) primary education act, 1930. ..... may be mentioned that now the district education board has been substituted by primary school council and it is the duty of such primary school council to consider the question of grant of recognition to primary schools in exercise of the power under section 60( 1) (i) of the west bengal primary education act, 19731, which is as follows:'section 60. ..... was brought to our notice that the aforesaid rule 3d was substituted by another rule 3d by a notification dated 11th september, 1980 issued in exercise of the power under sub-section (2) of section 66 of the bengal (rural) primary education act, 1930. ..... have been framed in exercise of the power under sub-section (2) of section 66 of the bengal (rural) primary education act, 1930. ..... the learned judge after hearing the counsel for the parties has directed the director of the school education, west bengal primary branch, and other respondents to the writ application to accord approval to the school with effect from 1st january, 1991 and to appoint the organiser teachers and to approve the appointment of .....
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