The Assam Secondary Education Act, 1961

I 
/ 
134 
(2) It extends to the . Mizo District. 
(3) It shall come into force from such date as 
the Sta te Government may, by notification, in the 
Offici al Gazette, appoint. 
Application 
of Act I 
of 1910 to '11e 
r..ffa:o District. 
Act I 
2. All the provisions of the Assam Excise Act, of 1910. 
1910 as amended from time to time 
shall apply to the Mizo District. 
ASSAM ACf No.XXV OF 1961 
THE ASSAM SECONDARY EDU9ATION ACT. 1961 
(As passed by the Assembly) 
(Received (he assent of . the Governor on the 4th December 1961) 
[Published in the Assam Gazette, Extraordinary, dated the 5th De<.:ember 
1961] 
CONTE~1S 
1. Short title, extent and commencement. 
2. Admission of Institutions jn other States and Administrations to 
the Privileges of the Board . 
3. D efinitions. 
4. Incorporation of the Board. 
5. Constitution of the Board. 
6. Publication of names of the members of the Board. 
7. Term of cfiice of members. 
8. Disqualification for membership. 
9. Resignation of members and casual vacancy, etc. 
10. Meetings :of !he Board. 
11 . Quorum. 
Proceedings not invalidated by reason of vacancies. 
12. Officers of the Board. 
13. Powers and duties of the Board. 
14. Powers cf the State Govemment. 
15. Constitution :of Secondary Education Board Fund. 
16. Custody and investment of the Secondary Education Board Fund. 
17. Application of the Fund. 
18. Audit of the accounts of the Board. 
19. Powers and duties of the Chairman. 
20. Powers and duties of the Secretary. 
21. Powers and duties of other officers. 
22. Committees ()f Board. 
23. Exercise of powers delegated by !he Board to Committees. 
24. Power of Board to make regulations. 
25. Board to furnish reports, re.turns, etc., to the Sfate Government. 
26 Power of State Government to reconstitute the Board. 
27. Vesting of powers !ill the reconstitution of the Board. 
28 Power of State Government to make rules. 
135 
THE ASSAM SECONDARY EDUCATION ACT, 1961 
An 
Act 
to provide for the establishment of a Board of Seconda1·y Education 
to regulate, supervise and develop Secondary Education 
· in the State of Assam. 
P 'camble. Whereas it is expedient to establish a Board of 
Secondary Education to regulate, supervise and 
develop the system of· Secondary Education in the 
State of Assam ; 
It is hereby enacted in the Twelfth Year of 
the Republic of Indra as follows:-
Snort title, I. (1) This Act may be called the Assam Secondary 
extent and Educa ion Act, 1961. 
commence· 
ment, (2) It extends to the whole of Assam. 
(3) It shall come into force on such date as the 
State Government may, by notification in the Official 
Gazette, appoint. 
(4 l From the date on which this Act comes into 
force, the Gauhati University or any other University 
or any Board of Education shall cease to exercise its 
jurisdiction over the institutions of Secondary Educa· 
tion recognised by the Government of Assam ; 
Provided that the Gauhati University shall continue 
to have the same jurisdiction as now exercised by it 
over the High Schools till i;uch time as the State 
Government, by notification in the Official Gazette, 
may appoint. 
Admission of 2. Notwithstanding anything contained in Section ], 
!mtitutions any Government of a State or Territory or Adminis-
15n othedr tration other than the Government of Assam, Union 
tates an T . h N h E F . A Administra- e.rntory or t e ort • ast ront1er gency 
tions to the Administration may apply to the Board for being 
Privileges admitted to the privileges of the Board and the Board 
~f d the may subject to such comlitions as it may think fit to 
oar · impose, admit such State or Territory or Administra­
tion to the privileges of the Board. 
136 
Definltions. 3. In this Act , unless there is anything repugnant 
to the subject or cont ext: 
(a) "Board" means the Board of Secondary 
Educ ation established under this Act ; 
(b) "Chairman " means the Chair man of the 
Board; 
(c) "Controll er of Examinations" means the 
officer conducting the examin ations of 
the Board; 
( d) "Educati on Department" mean s the De­
partmen t of Education of the Govern­
ment of Assam ; 
(e) "Fund" means the Secondary Education 
Board Fund constituted under this 
Act; 
(/) "Headmaster or Headmis tress" means 
the head of the teaching staff of a High 
School or Higher Secondary School by 
whatever name he or she is designated ; 
(g) "High School'' means a school or depart­
ment of a school giving instruc tion in 
Secondar y Education and preparing 
students for Matriculation or H igh School 
Leavi ng Certificate Examinati on; 
(h) "Higher Secondary School" means a 
school or department of a school giving 
instruction in Secondary Education and 
preparing students for Higher Secondary 
School Leaving Certificate Exa mination ; 
\i) "Managing Committee" means a Managi ng 
Committee of a High School or a 
Higher Secondary School ; 
(j) "Pri mary Education" means education 
imparted in a Primary or Junior Basic 
School or its equivalent; 
(k) "Recogni sed" means recognised by the 
Board for the purpose of admission to the 
privileges of the Board or prior to recog­
nition by the Hoard, by any University 
established by Jaw in India or by any 
Board recognised by the State Govern­
ment; 
. . 
i37 
(l) "Regulation" means a regulation made by 
the Board under this Act ; 
(m) "Rule" meaits a rule made by the Statf 
Uovernment under this Act ; 
(n) "Secondary Education" means such 
education as is designed to meet the needs 
of the stage which follows immediately 
the stage ol Primary Education and 
precedes immediately the stage of Degree 
or Diploma Education controlled by 
any University established by law in 
India or by a Board constituted by 
Government for this purpose; 
(o) "Secretary" means Secretary of the Board; 
and 
(p) "Notification" means a notification puh­
lished in the Official Gazette. 
lncorpora- 4. (1) Tlie State Government shall, as soon as may 
tion of the be after the commencement of the Act, establish by , 
Board. notification, a Board for regulation, super :1 ision and 
development of Secondary Education in a-::cordance 
with the provisions of this Act. 
(2) The Board shall, by the name of 1he Board of 
Secondary Education, be a body corporate with pe1·­
petual succession and a common seal, shall have power 
to acquire and bold property, both movable and 
immovable, to transfer any property held by it, to 
enter into any contract and to do all oth er thin gs 
necessary for the purposes of carryimr out its dutie s 
and functions, and shall by the said name sue or be 
sued. 
Conititu· 5. (1) The Board shall consist of the following mem-
tion of the hers, namely:-
Board. 
Ex-officio Members-
Director of Public Instruction, Assam- Cha irman. 
Additional Director of Public Instruction , Assam . 
Director of Agriculture. 
Director of Technical Education. 
Director of Health Services. 
Director of Industries. 
Principal, Assam Agricultural College . 
138 
Direc tors of Education of the Territories of 
oth er States and Administrations admitted to the 
pri vileges of the Board . 
Deans of the Faculties of Arts and Science, 
Gauha ti University. 
_ The Assistant Director of Public Instruction 
in-charge of 'Vomen's Education . 
.Members to be nominated by Government-' 
One of the Inspectors of Schoo.ls. 
Two Headmasters and two Headmistresses of 
High Scl10ols and Higher Secondary Schools. 
Two teachers of High Schools and Higher 
Secondary , Schools as recommended by the 
ExccutiYe Committee of the All Assam Aided 
High Schools Teachers' Association. 
Two nominees of the Gauha 1ti University. 
Oi;ie Principal oi a Teachers' Training College. 
One Head of a Polytechnic. 
Co-opted Members -
The Board shall have power lo co-opt not 
more than two members from among the distin­
guished educationists. 
(2) The Secretary shall be appointed by the 
Go\'ernment who slrn.ll also he an ex-officio Mem­
ber of the Boarrl. 
Public atio n 6. The names of perso ns nominated or co-opted .. · 
of nam es of as members of the Board, sha)l be published by 
the meml:ers notification -by the Slate Government. oftheB:. ard. · , 
Term of 
office of mem· 
bers. 
7. Term of office of members--
(i) Nominated members shall hold office 
for a term of three years from the 
elate of the notification published 
under Section 6 and the term of office 
of co-opted members shall terminate 
on the same date as that of the nomi­
nated members : 
Pro\'ided that the State GoYernment, may , by 
n otification. in the Official Gazette, extend the 
term of the office of all such members hy a 
perio d n ot exceeding one year. 
139 
(ii) NoLwit'Listanding the expiry of the term 
d thre e yea rs speci fied in cla use (i) 
t he term of o ffice of the outgoing 
members shall be deemed to extend to 
the date on wh ich the names 
of th e new ly n ominat ed membe rs a rc 
pub lished under Sect ion 6. 
Di•qt•ali. 8. (1) A person shall not b e eligible for 
fi ca•i on f?r 11 •1 rn inati on nr co-opti •"'n as a mem ber of the Board 
mernte rship. or of the C ommittees form.::d b)' it, if he-
(a) iias Il een adjudgl:d by a court of law to be 
of u nsound mind ; 
(b) is an undischarge d inso lvent ; 
(c) has been convicted by a court of law for a n 
offence wh ich is decl ared by t he Sta te Govermnm t to 
be an offt> nce involving moral turpitud e, as provide d 
in the ru!'es. 
(2) If a n omin a ted or co -op ted m emb er of the 
Board or of any Co mmittee form ed by it, becom es, 
subj ec: t.1 a11y of the di squa lifications spec ified in 
sub-s ection (1) his mem bership shall the reupon cease. 
(:!) All disputes rel ati ng to the eligib ility of a ny 
penon for n vmi nation or co-opti on, ~ hall be 
referred to t he State Governm ent w hose decision on 
such m atters slnll be final. 
Reaim •tion 9 (!) /\. m e m be r of the Board, oth rr than an 
o l members Ex-officio mem be r, may t esign h is Eeat by givi ng notice 
ttnd casual there nf in writing to the Chairma n, and rnch men -
vacancy, etc.ber sh all be deeme d t o have vaca ted his seat from th e 
cl ate of a.cceptance of his resig nation by the Cha ir­
man. 
(5-) The S•.ate Government may , by notification, 
remove any nomina 1ed or co-op ted m embe r 
wh o remain s atsent fro m thr ee consecut ive meeting s 
of the Board with out the leave of the Board . 
(3) In the event : f a casual vacancy occurrin g by 
resi\! nat ion, remov al, death or di5qu alification of a 
m embe r such vacan cy shall be filled by nomi ­
na tion or co-opt ion, as the case m ay be, in the manner 
provid ed in Section 5. 
\4) Any person nominated or co-opte.:l to 
till a casu al vaca ncy sha ll hold office for the unexpired 
porti on of the term of office of the member in who~e 
plac e he is nomina ted or co-opted . 
·• 
140 
Meetings o'' 10. (i) Ordinary Meetings-The Board shall meet not 
the Board. less th an thrice a year, but four months shall not 
intervene between two successive meetings. 
Quorum: 
Proceeding s 
not inav:l-
(ii) Special Meetings-The Chairman may, at 
any time, and shall upon the requisition made bv 
not less than one-third of the members of the Board 
other than the ex-officio members, and on a date not 
more than twenty-one days of the receipt of such 
requisit ion, call a special meeting of the Board. 
(iii) Twenty-one days' notice shall be given for 
ordinar y meetings of the Board and ten days' notice 
for special m eetings. 
11. (i) The q uor um for every meeting of the Board 
shall be nine. 
dated by 
reason of (ii) Subject to the prov1s1ons cont ained in sub-
vacancies. section (i) no act or proceedings of the Bo'ilrd shall be 
invalid merely by reason of the exister.ce of any 
vacancy among the members of the Board. 
Officers of 12. (1 ) The following shall be the officers of the 
the Board. Board :-
e) The Chairman, 
(ii) The Secretary, and 
(iii) The Controller of Examinations. 
(2) 1 he Board may appoint such other officers 
and employees as it considers necessary for the efficirut 
discharge of its functions under this Act on 
such terms and conditions as may be determined by 
regulations. 
Power ; and 13. Subject to the prov1s1ons of this Act 
~utid of the the powers and dut '. es of the Board shall be , s 
oar • follows, namely:-
( i) to prescribe courses of instruction for High 
Schools and Higher Secondary Schools, 
(ii) to conduct examinations based on such 
courses, 
(iii.) to admit to its examinations, on con­
ditions that may be prescribed by regulations, candi­
dates who have pursued the prescribed courses of 
instruction and also to take such disciplinary action 
against cand~dates as may be prescribed by regulations, 
, 
141 
(iv) to demand and receive such fees as may, 
be prescribed by regulation s, 
(v) to publish the results of its examina· 
tions, -
(vi) to grant certificates to stwlents passing the 
examinations, 
(vii) to institute and award scholarships, prizes 
etc., 
(viii) to prepare, publisli and select text books 
and supplementary bcoks, 
- (ix) to lay down conditions of rec')gnition of 
High Schools and Higher Secon dary Scho ols, 
(x) to recognise High Schools and Higher ~ econ­
dary Schools and to withdraw such recQgnition, 
(xi) to take such disciplinary action as it 
thinks fit against institutions as prescribed by regula-
tions, . 
(xii) to adopt measures for studv a11d exa· 
mination of problems in the field of Secondary 
Education, 
· (xiii) to advise Government on physical, 
moral aud social welfare of student s in recognised 
institutions, and to prescribe con ditio ns of their resi­
dence and discipline, 
(xiv) to prescribe nec:ssary qualifications of 
teachers in recognised schools, 
(xv) to prescribe courses of instrnction in 
Under-graduate Teachers Training Institutions and to 
hold examinations on such cours es and to award 
certificates, 
(xZ>i) to recognise Under-graduate Teachers 
Training Institutions and to withdraw recognition, 
(xvii) to organi~e seminars and provide in. 
service Teachers Training courses, 
(xviii) to receive grants from Government 
and donations from privat e individuals or ~ssociations 
for sr,ecific or general purposes-, 
~ (xix) to call for reports from the Director 
of Public Instruction on the conditions of recognised 
institutions or of institutions applying for recognition, 
(xx) to advise Government on re-organirn­
tirn and development of Secondary Education, 
(xxi) to advise Government relating to any 
matter within the provisions of this Act on which the 
Government may consult the Board, 
(xxii) to appoint officers and other 
emp!oyees of the Board, and to prescribe 
by regulations the terms and conditions of their service, 
(xxiii) to iustitute bv regulations for the 
benefit of it~ officer~ and other employees such 
pension, gratuity and provident fund as it may deem 
fit in such manner, and subject to such conditions as 
may be prescribed by regulations, 
" 
• 
.. 
142 
(xxiv) to delegate any of its powers to any 
Committee constituted under this Act, 
\x~v) to administer the Secondary Educ a· 
tion Board Fund, 
(xxvi) to receive, purchase and hold a ny 
property, movable or immovable, whic h may become 
vested in it, and to dispose of all or any of the prope r­
ty, movabl e or immovable belonging to it, and also 
do z:l l other act s incidental or "ppe rtaining thereto ; 
and 
(xxvii) to do all such acts and things as 
may be nece ssa1y to carry out the purposes of the Act. 
Powen of 14. Notwithstandi 11g anv,hing con•.ained in this 
the Stat,. Act- · -
Governmlnt, (1) The State Government shall have tl1e right 
to address the Board with reforeace to anything con ­
ducted or done by the Board and to communicat e 
its views on · any matter with which the Board is 
co ncerned. 
(2) The Board shall report to the State 
Government such action, if any, as it proposes to take 
or has taken upon tile co mmunication of the State 
Government. 
(3) The State Government may after consulta· 
tion with the Board issue such directions consistent 
with the provisions of this Act, as it mav think fit, and 
the Hoard shall crmply with <;ucli directions. 
(4) The State Governmei.t may, by order in 
writing spec.:ifyiniz the reasons thereof, suspend the 
execution of any resolution or order of the Board, and 
p r. hibit th e doing of an act ordered to be done by the 
B;x1rd, if the State Government is of the opinion that 
su ch resolution, order or a ct is i.1 txce:;s of the 
p owers conferred upon the Board by or under this 
Act. 
(5) The State Government may, after con -
sultat:on with the board, suspend or remove a member 
whose continuance as a member of the Board is 
co11sidered. to be detrimental to the interest of the 
Board. 
Constitution 15. A fund to be calied Secondarv Education Board ~ 
of ~donda· Fund shall be constituted and all sums received by 
~oardu~a~~~no r on behalf of the Board under this Act shall be 
·placed to the credit thueof. 
Custody and 16. All moneys at the credit of the Fun d sball be 
investment kept in the Government Treasury or th e State Bank of 
of the k Secondary Indi 'l or the A~sam Co-operative Apex Ban , Ltd. , 
Education as the Boa rd may detern:ine. 
Board Fund. 
Application 17. Subject to the provisions of this Act, th<! Fund 
of the Fund, shall be appli cable only to the payment of the ch arges 
14$ 
and expenses incidental to matters specified in 
this Act . 
Aud it of th e 18. The accounts of the Board shall be audi­
accoun t • of ted onl~' by such agency as may he spec ified by 
the Board . the St t G t l f th d" a e oyernmen , anc a copy o e au J·· 
led account<> shall be submitted by the Boa rd to 
'the State Government by such date each yea r 
as the State GoYcrnment ma:-,' <opccify. 
Pow Hs and 19. (1) It sh~ill he the duty of the Chairman to 
d,uti _.• of th e sec t at the provisions of this Act and the regu-
1._;hairman lalions mack undt>r it arc faithfully observed, 
and the decisions of the hoard are duly imple­
mented and he shall han· all powers necessary 
for this purpose. 
(2) The Chairman shall ha\'e pb\ver to con­
yene meeti1 gs of the Board. 
(:~) \Vhen any emergcncv ari'-'ing out of 
ad11inislratiYP busin<'ss of the Board requires, 
in th C' opinion of .the Chairman. tlrnt immediate 
action should be taken, the Chairman shall take 
such action as he deems neccss<try and report 
his a.cti(m lo the Board al its next meeting. 
(-!) The Chairman shall exercise such other 
powers as ma~' be prescribed by the reg ul a-
tions. 
Powers a-id 20. The Secretary of \he Board shall he the 
duti es o[ the principal administrative omcer, and shall, sub­
Secrclat y. jecl to t'lC con~1·0\ of the Clrninna 1, perfo rm 
such duties as may be prescribed b~ reg ul a-
tions. ' 
Po wers and 21. Other officers will have such powers and 
duti es of duties as may he prescribed by regulations. 
other officers. 
Comm ittee ; 22. (1) The Board shall, for the purposes of 
of Boarcl. carr ·ing out its du· ·cs and functions imposed 
under this .\ct. appoint the following comm ittees. 
n am ely :--
(i) Curriculum and S. llabus Committee, 
(ii) Exammation Committee, 
(iii) PhysiC"ll E•luca'ion Committee, 
(iY) Girls' Fducalion Committee, and 
lv) Such other C<,mmitteec; as may be 
found necessary. 
(2) Every such Committee shall consist of 
such members of the Board a nd of such other 
persons m the Board may appoint. 
(3) cyery such Com mitte e except the 
Examination Committee may co-op t persons to 
be members to the ex ten l of one-third of the 
m embers appointed to it. 
(-!) l\lembers of such Comm itt ees shall hold 
oflicc for such tim e as the Board may determine . 
(5) Subject lo lhe provisions of this Act and 
the rules made thereunder the duli es and func ­
tions of lh c Committees shall be determined by 
regul ations. 
Exercise of 23. All matters rela ting to exercise of powers 
powers dele- confcued upon the Board by thi s Act which arc 
gated by the by regul a tions delegated to an" committee appoin-
Board to · · ·' Committee s. ted under Section 22 shall stand referred to that 
committee , and the Board lfofore exercising such 
po,v crs shall receive and consider the report or 
recomm endation of the comnull ee wilh respect 
lo the matter in question. 
Power of 24 . ( 1) The Board may make regulations for 
Board to lh e purpose of carrying oul lh e provisions of 
make regula- thi s Act. 
tions. 
(2) In parlicular and wilhoul prejudice to 
lhe generality of lhc foregoing powers the Board 
ma y make regulations providing for all or any 
of th e following matters , n ame ly : -
(a) the constitution, powe rs and duties 
of Comm.i llees appointed und er Sec-
ti on 22, · 
( b) cour ses of study to be laid down for 
different exam inations , 
(c) marks required for passing in any sub­
ject and the examination as a whole, 
and for credit and distinction in any 
subj ect, 
(cl) qua lific at ions, appo intment and remu ­
neration of exa min ers, paper-se tters 
and others, 
(e) conducting exa min ation s and publish-
ing the results, 
(f) conditions of recogni lion of Iligh 
Schools and Il igher Secondary Schools, 
(g) conditions und er which candidates 
shall be admitt ed to the examinations 
of the Board , 
(h ) disciplinary measures for malpractices 
L· in examinations, 
145 
(. i) fixing of fees and charges in respect oI 
:xamina tions, 
(J) pr ovident fund' etc., r~ r the benefit or the 
emp loy ees of the Board. 
(k) rate of travelling and daily allo wan ces 
to th e non .. ofhcial members of the Board or Commi t· 
tees, 
(l) delegation of powers or assignment of 
functio9s to Committees formed under this Act, 
(m) all matters which, by this Act, are to 
be or may be provided for by regulations : 
Provided that all regulations, altera tions and 
revocation thereof shall be subject to approval by 
the State Governmen t and pu :)lished in the Offic ial 
Gazette. 
Board to 25. The Board shall furnish to the State Govern· 
furnish re- ment such rep::irts, returns and stateme11ts ar!d such 
r::~:: e:c~: other information relating to any matter under the 
to the State control of the Board as the State Governme nt maY 
Government. require . 
Power of 26. If in the opinion· of the State Government, 
::tate Go· the Board has shown its incompetence to perfor m, or 
vernment t.o persistentl y made default in the performan ce of the 
rec o o s th1• dutie s imposed, or exceeded or abused the pow ers 
~ute t c 1· d · b d h ' A h S . Board. con erre upon it y or un er t ts ct, t e tat e 
Governm ent shall formulate in writing specific char ges 
against the Board in resp ec t of tlu se matters and sha ll 
forward a copy of such charges to the Board wit h 
directi on to subm it any comments or expla nations in 
respect thereof to the State Government within such 
period as may be specified in this behalf. After the 
consid eration of the comments or explanations of the 
Board, the State Government may, if it thinks fit, by 
notifica tion supersede the Board and thereaf ter 
recons titute the Board in accordance wit h the pro-- . 
vision of Section 5 and in ever> such case, the State 
Government shall, as soon as may be, lay before the 
State Legislatur e a copy of the said notification 
togeth er with the ~tatement of the reasons which led 
to such reconstitution. 
Vesting of 27. Until the Board is reconstituted afte r super 
powers till session under Section 26, the dutie~ ar.d powers of the 
the. re-consti•Board shall be: performed and exercised by, and the 
~od of the proper ty of the Board shall vest in such person or 
r • authority as the State Government may specify by 
ootifi cation. 
146 
:Power of 28. (1) The State Government may make rules 
'tt;i.te Go- for carrying out the purposes of this Act. vc·nuReRt to 
Jnakc rules. 
(2) All rules under this Section shall be 
laid for not less than fourteen days before the 
Assam Legislative Assembly as soon as possible 
after they are made, and shall be subject to 
such modifications as the Legislative Assembly 
may make during the Session in which they arc 
so laid or the Session immediately following. 
1rr; I • -
ASSAM ACT No.XX.VI OF 1961 
THE SYLHET TENANCY (AMENDMENT) ACT, 1961 
(As passed by the Assembly) 
(Received the assent of the Governor on the 27th December 1961) 
: ! 
[ flublishcd in the Assam Gazette, Extraordinary, dated the 28th December 
1961. ] 
l"rcamble, 
An 
Act 
further to amend the Sylhet Tena11c11 Act, 1936 
. . Assam /let \VHEREAS it 1s expedient further to amend Xlof lli36, 
!he Sylhet Tenancy Act , l\J~iG , hereinafter called 
the Principal Act, in the manner hereinafter 
appearing :-
It is hereby enacted in the Twelfth Year of the 
Republic of India as follows :-
Short title 1. ( 1) This Act may be called the Sylhet Tenan -
and com- cy (Amendment) Act 1961. menccment. · ' 
Amendment 
ofSe tion 3 
ef Assam Act 
XI of 1936, 
(2) It shall come into force at once. 
(3) It shall have the like extent as the 
Principal Act. 
2. In Section 3 of the Principal Act,-
( 1) in clause ( 16) , the colon after the word 
"person" shall be deleted and the following 
words and colon shall be added, namely :-
"and includes a person who holds land of 
another persoP "'nder the system known as 

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