The Goa Secondary and Higher Secondary Education Board Act, 1975
Goa · state statute
Open in Lexace · Ask the AI about this act-1- GOVERNMENT OF GOA Law and Judiciary Department Notification LD/Bill/2/75 The following Act passed by the Legislative Assembly of Goa, Daman and Diu which received the assent of the Administrator of Goa, Daman and Diu on 27th May, 1975 is hereby published for general information. M. S. Borkar, Under Secretary (Law). Panaji, 29th May, 1975. The Goa Secondary and Higher Secondary Education Board Act, 1975 (Act No.13 of 1975) [27th May, 1975] AN ACT to establish a Board for secondary and higher secondary education and matters connected therewith; Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Twenty- -sixth Year of the Republic of India as follows:— CHAPTER I 1. Short title, extent and commencement.–– (1) This Act may be called the Goa 1[Omitted] Secondary and Higher Secondary Education Board Act, 1975. (2) It extends to the whole of the Union territory of Goa, Daman and Diu. (3) This section shall come into force at once; and the remaining provisions of this Act shall come into force on such date as the Government may, by notification in the Official Gazette, appoint. 2. Definitions.— In this Act, unless the context otherwise requires,— (1) “appointed date” means the date on which the remaining provisions of the Act are brought into force under sub-section (3) of section 1; (2) “Board” means the Board established under the Act; (3) “Chairman of the Board” means a person appointed as Chairman of the Board constituted under the Act; 2 (4) “Designated area” means area specified under the rules; (5) “Director of Education” means the Director of Education, Government of Goa, Daman and Diu; (6) “final examination” means the secondary school certificate examination or the higher secondary school certificate examination conducted or caused to be conducted by the Board; (7) “Government” means the Government of Goa, Daman and Diu; (8) “head master” means the person in -charge of the academic administration of a secondary or a higher secondary school recognised by the Board; 1[(8a) ‘higher secondary education’ means such general or combinations of general and technical or vocational or special education which is designed to meet the educational needs of students in classes XI and XII.] (9) “higher secondary school” means a higher secondary school recognised as such by the Board under clause (1) of section 5; (10) “institution” means an academic institution imparting secondary or higher secondary education; 2[(11) ‘management’ in respect of Government run institution means the Director of Education and in case of other institutions means the trustees or the managing or governing body, by whatever name called, of any Trust or of any Society registered under the Societies Registration Act, 1860 (Central Act 21 of 1860) under whose management one or more schools or institutions are run;] (12) “prescribed” means prescribed by rules made under this Act; (13) “primary education” means education imparted in a primary school recognised by the Government; (14) “regulation” means the regulation made by the Government under section 48 and by the Board under section 47; (15) “secondary education” means such general, t echnical, vocational or special education (including any combined course thereof) which is designed to meet the educational needs of the period of adolescence and which follows, immediately the primary education and precedes immediately the higher secondary education; (16) “secondary school” means a school recognised as such by the Board under sub- -section (1) of section 5; (17) “teacher” means a member of the teaching staff other than the head master of a secondary or higher secondary school recognised by the Board; 3[(18) “State” means the State of Goa;] (19) “text-book” in relation to an examination under this Act, means any book recommended or otherwise sanctioned by the Board for use of that examination. 3 CHAPTER II Board 3. Establishment and Incorporation of Board.— (1) The Government shall, by notification in the Official Gazette, establish a Board for the territory by the name of “the Goa, Daman and Diu Board of Secondary and Higher Secondary Education”. (2) The Board shall be a body corporate by the name mentioned in sub -section (1) and shall have a perpetual succession and a common seal, and shall have power to acquire, hold and dispose of property, and to enter into contracts, and may by the said name sue and be sued. 4. Aims of Board. — The aims of the Board shall be to provide secondary and higher secondary education and, for this purpose grant recognition to the required number of such schools in the territory; to pay special attention to the improvement of the secondary and higher secondary education so that it meets the required needs and standards of economic and social development; to provide adequate facilities for educational and professional advancement of socially and educationally backward communities; to take such steps and such measures as may lead to intellectual, academic, physical and cultural development of the youth. 5. Powers and Duties of Board. — Subject to such conditions as may be prescribed and subject to such directions as may be issued by the Government from time to time the Board shall have the following powers and perform the following duties, namely:— (1) to grant and to withdraw recognition to the secondary and higher secondary schools; (2) to advise the Government on matters of policy relating to secondary a nd higher secondary education in general and on the following matters in particular: — (a) ensuring a uniform pattern of education; (b) maintaining of a uniform standard of education in secondary and higher secondary schools; (c) co-ordination between the national policies and the policies of the territory in respect of secondary and higher secondary education; (d) co-ordination between primary, secondary, higher secondary and university education. (3) to lay down guiding principles regarding curricula and syllabi for the entire secondary and higher secondary courses and to prepare the detailed syllabi for all standards of secondary and higher secondary education; (4) to formulate general principles for recommending text -books for sanction by the Board, and to sanction such books subject to such conditions, as it may deem fit to impose; (5) to advise the Government in standard requirements in respect of staff, buildings, furniture, equipment, stationery and other amenities required for secondary and higher secondary schools; (6) to prescribe and prepare text-books for all standards of secondary and higher secondary education; (7) to prescribe conditions for admission of regular and private candidates to the final examinations; 4 (8) to demand and receive such fees as may be prescribed, from candidates to be admitted to the final examinations; (9) to award certificates to candidates passing the final examinations; (10) to institute and award scholarships, stipends, medals, prizes and other rewards and to prescribe conditions therefor; (11) to receive bequests, donations, endowments, trusts and other transfers of any property or interest therein, or right thereto; (12) to hold any property, interest or right referred to in sub -clause (11) above, and to manage and deal with the same; (13) to demand and receive such fees as may be prescribed, from secondary and higher secondary schools recognised by the Board; (14) to appoint paper -setters, translators, examiners, moderators, supervisors and other necessary personnel for conducting the final examinations in th e territory, for evaluation of candidates’ performance and for compiling and release of results; (15) to open centers for the final examinations conducted by it; (16) to declare the results of the candidates at the final examinations conducted by it; (17) to prepare a list of candidates according to merit for the purpose of award of scholarships, stipends, medals, prizes and other awards; (18) to lay down procedures to deal with cases of use of unfair means in the examinations and to deal with such cases; (19) to generally evalua te the performance of students in all examinations in secondary and higher secondary schools including the final examinations and make, from time to time, necessary recommendations in respect of the same to the Government; (20) to lay down the manner in which r ecognition would be granted to or withdrawn from secondary and higher secondary schools; (21) to call for any information from secondary and higher secondary schools and to call for special reports and information from the Director of Education generally and in particular in the matter of withdrawal of recognition in cases of secondary schools and higher secondary schools which show poor academic results or commit grave academic irregularities; (22) to require institutions recognised by it and by the Department of Ed ucation to extend their co-operation in the conduct of the final examinations; (23) to recommend measures to promote physical, moral and social welfare of students in the institutions recognised by the Board and to lay down conditions of their residence and discipline; (24) to appoint officers and servants of the Board, other than the Chairman, Secretary, Joint Secretary or Assistant Secretary, in its office and to regulate terms and conditions of their service; 5 (25) to constitute provident fund for the benefit of the officers and servants of the Board; (26) to prepare the annual financial statement and to recommend to the Government for sanction, the annual budget; (27) to conduct statistical and other research for the purpose of evaluation and reform of the curricular instruction and examination system; (28) to appoint such Committees as it may think necessary for the efficient discharge of its functions under this Act; (29) to consider recommendations made by Committees appointed under this Act; (30) to make regulations for the purpose of carrying into effect the provisions of this Act; (31) to exercise such other powers and perform such other duties as may be conferred or imposed by or under this Act; (32) to publish reports, paper, journals, bulletins etc. giving information of the activities of the Board; (33) to do all such acts and things as may be necessary to carry out the purposes of this Act. CHAPTER III Officers of Board 6. Officers of Board.— The following shall be the officers of the Board:— (i) The Chairman of the Board; (ii) The Secretary, Joint Secretary and Assistant Secretary of the Board; and (iii) Such other officers in the service of the Board, as may be declared by the regulations to be officers of the Board. 7. Chairman and Vice-Chairman of Board.— (1) The Chairman of the Board shall be appointed by the Government, by a notification published in the Official Gazette. (2) The minimum qualifications and experience required for the purpose of appointment to the post of Chairman of the Board are: (i) Second Class Master’s degree of a recognised University; and (ii) Teaching or administrative experience of not less than 20 years in the field of education. (3) The Chairman of the Board shall subject to any terms and conditions in his contract of service, hold office for a term of four years from the date on which he enters upon his office. (4) The Government may from time to time, extend the term of office of the Chairman of the Board: Provided that the term shall not exceed in the aggregate a period of eight years. (5) The Chairman of the Board shall be a servant of the Government and shall draw his 6 salaries and allowances from the funds of the Government. The salaries and allowances and other conditions of service of the Chairman shall be such as may be prescribed by the Government. (6) No person shall hold, or continue to hold the office of the Chairman of the Board after he completes the age of sixty years. (7) The Government shall appoint a Vice -Chairman, from amongst the members of the Board, to exercise the powers and duties of the Chairman i n his absence of not less than one month. 8. Powers and Duties of Chairman.— (1) The Chairman of the Board shall be the principal academic and controlling officer of the Board and shall preside over at the meetings of the Board and any convocation of the Board. He shall be an ex-officio member and the Chairman of the Executive Council, the Academic Council, the Examination Committee, the Finance Committee and the Recognition Committee. He shall be entitled to be present, with the right to speak at any meeting of any authority or body of the Board, but shall not be entitled to vote there at, unless he is a member of that authority or body. (2) The Chairman of the Board shall have power to convene meetings of the Board, the Executive Council, the Academic Council, th e Examination Committee, the Recognition Committee, the Finance Committee and the other bodies or committees of the Board. He may delegate, by a regulation, this power to any other officer of the Board. (3) It shall be the duty of the Chairman of the Board to ensure that the Act, the rules and regulations made thereunder are faithfully observed and he shall have all powers necessary for this purpose. (4) If there are reasonable grounds for the Chairman of the Board to believe that there is an emergency which requires immediate action to be taken, he shall take such action as he deems necessary and shall, at the earliest opportunity thereafter, report his action to such authority or body as would have in the ordinary course dealt with the matter. In the event of disp ute arising between the Chairman of the Board and the authority or body as to whether there was in fact an emergency, the matter shall be referred to the Board, the decision of which shall be final. (5) The Chairman of the Board shall be responsible for the administration of the affairs of the Board in accordance with the Act, the rules and regulations made thereunder and shall give effect to the decisions of the Executive Council and other authorities or bodies of the Board which are not inconsistent with the provisions aforesaid. (6) It shall be lawful for the Chairman of the Board, as the principal executive officer, to regulate the work and conduct of the officers and members of the administrative and ministerial staff of the Board in accordance with the provisi ons of this Act, and the rules and regulations made thereunder. (7) Where any matter is required to be regulated by a regulation, the Chairman of the Board may, for the time being, regulate the matter by issuing such directives as he thinks necessary, and shall at the earliest opportunity thereafter, place them before the Executive Council or other authority or body concerned for approval. (8) The Chairman of the Board shall exercise such other powers as may be prescribed. 7 9. Appointment, Duties and Powers of Secretary, Joint and Assistant Secretaries. — (1) The Secretary of the Board shall be a whole time salaried officer of the Board. He shall be appointed by the Government. 4[The eligibility criteria, mode of recruitment and terms and conditions of service for appointment of the Secretary shall be such as may be prescribed.] 5[(2) The minimum qualifications and experience required for the purpose of appointment to the post of Secretary of the Board are that— (a) (i) he should possess a Second Class Master’s degree or Diploma in Higher Education of a recognised University in Arts, or Science and Bachelor’s degree in Education with experience both in teaching and administration of not less than 15 years; and (ii) he should have held a responsible post not below the rank of Education Inspector or its equivalent under the Directorate of Education of any State Government or Union Territory Administration, for not less than five years, or; (b) a Grade I Officer of the Goa Civil Service.] (3) Next to the Chairman of the Board, the Secretary of the Board shall maintain control and discipline over all the employees of the Board. (4) The Secretary shall act as Secretary of the Board, the Executive Council, the Academic Council, the Examination Committee, the Finance Committ ee and the Recognition Committee, but he shall not be entitled to vote. (5) Subject to the control of the Executive Council, the Secretary shall have power to enter into agreements, sign documents and authenticate records on behalf of the Board. (6) He shall be the Custodian of the records, the common seal and such other property of the Board as the Executive Council may commit to his charge. (7) He shall keep the minutes of all meetings of the Board, the Executive Council, the Academic Council, the Examination Committee, the Finance Committee, the Recognition Committee and of such other committees and body where he may be directed to act as a Secretary by the Chairman of the Board. (8) The Secretary shall ensure, in accordance with the directions of the Chairman of the Board, the proper organisation and conduct of final examinations and other tests and declaration of results. (9) The Secretary shall exercise such other powers and perform such other duties as may be prescribed, or are required from time to time by the Exe cutive Council or the Chairman of the Board. (10) The Government may appoint one or more Joint and Assistant Secretaries for the Board on the recommendation of the Board. Such Joint and Assistant Secretaries shall exercise such powers and duties as may be assig ned to them by the Secretary under the general or special orders of the Board. (11) When the office of the Secretary of the Board falls vacant, or when the Secretary is, by reason of illness, or absence or any other cause, unable to perform the duties of his of fice, such duties shall be performed by such person as the Chairman of the Board may appoint for the purpose from among the Joint Secretaries. (12) The Secretary, Joint Secretaries, and Assistant Secretaries appointed under this Act shall be the servants of the Government, and they shall draw their salaries and allowances from the consolidated fund of the territory. The salaries and allowances shall be such as may be 8 prescribed by the Government. 10. Other Officers and servants of Board.— (1) The Board may appoint such other officers and servants as it considers necessary for the efficient performance of its functions under this Act; (2) The salaries and allowances and other conditions of service of the officers and other servants appointed by the Board under sub-section (1) shall be such as may be determined by it by regulations made under this Act. CHAPTER IV Authorities of Board 11. Authorities of Board.— (1) The following shall be the authorities of the Board, namely:— (a) The Board; (b) The Executive Council; (c) The Academic Council; (d) The Finance Committee; (e) The Examination Committee; (f) The Recognition Committee; (g) The Board or Boards of Studies; and (h) Such other bodies of the Board as may be declared by the regulations of the Board, to be the authorities of the Board. (2) The Board may appoint such other Committees as it thinks necessary for the efficient performance of its functions. (3) The Constitution of every Committee appointed by the Board, the term of office of its members, and the duties and functions to be discharged by it shall be such as may be laid down by regulations made in this behalf. 12. Board.— (1) The Board shall be the principal authority for all financial estimates and budgetary appropriations, and shall consist of the Chairman and the Vice -Chairman of the Board appointed by the Government under section 7 and of the following members namely:— Ex-officio Members Class A — 6[(i) The Director of School Education or his nominee not below the rank of a Deputy Director; (ii) The Director of Sports and Youth Affairs; (iii) The Director of Arts and Culture; (iv) The Director of Craftsman Training; (v) The Director of Technical Education; (vi) The Director of State Institute of Education; and (vii) The Director of Higher Education.] 9 Elected Members Class B— (i) Two members of the Legislative Assembly elected by the members of the Legislative Assembly of the 7[State] from amongst themselves; 8[(ii) Two members one each from Science and Arts faculties to represent the University of Goa, to be elected by the Academic Co uncil of the University from amongst its members of whom at least one member shall represent the colleges and until the first such elections are held, persons nominated by the Government from amongst the Principals and teachers of the colleges in the State;] 9 [(iii) (a) Four Principals of Higher Secondary Schools, of which two each to represent North Goa and South Goa Districts respectively; and (b) two representatives from vocational stream of which one each to represent North Goa and South Goa Districts respectively elected by the teachers of vocational Stream in such schools in the State recognised by the Board from amongst themselves;] 10 [(iv) Two Grade I teachers from Higher Secondary Schools to represent North Goa and South Goa Districts respectively, elected by the teachers of such schools in the State recognised by the Board, from amongst themselves;] (v) Six head masters of secondary schools other than higher secondary schools, one each from each designated area, elected by the head masters of such school in the designated area from amongst themselves; (vi) Six teachers of secondary schools other than higher secondary schools, one each from each designated area, elected by the teachers of such school in the designated area from amongst themselves; and 11 [(vii) Two representatives of the management of Secondary and Higher Secondary schools elected by the managements of such schools in the State recognised by the Board, from amongst themselves;] Nominated Members Class C— 12[six] members to be nominated by the Government:— 13[(i) One representative of visual/performing arts;] 14[(ii) One representative from those who have contributed towards education/reha - bilitation of the handicapped;] iii) One Principal of a secondary teachers’ training college from amongst the principals of secondary teachers’ training colleges in the 15[State]; and 16[(iv) Two persons, other than the staff of colleges, heads and teachers of Secondary and/or Higher Secondary Schools to be nominated by the Government from amongst reputed educationists of whom one shall be a woman in case no woman member is represented in above classes;] 17[(v) One nominated member to represent vocational education]: Provided that, a person shall cease to hold office as a member of the Board if he ceases to belong to the Academic Council of the University or the Legislative Assembly, or ceases to be a 10 head master or teacher of a secondary or higher secondary school or a principal of a secondary training college or repre sentative of the management, where he is elected or nominated from amongst such persons. (2) The names of persons, not being ex -officio members, who have been elected or nominated, from time to time, as members of the Board shall be published by the Board in t he Official Gazette. (3) No employee of the Board shall be eligible to be elected to the Board. (4) No person shall be nominated as member of the Board or continue to be such member for more than two consecutive terms. (5) Notwithstanding anything contained in sub-section (1), for the purpose of the first constitution of the Board, Government may also nominate all or any of the members to be elected under Class B but, in such cases, the member so nominated shall vacate office as soon as the corresponding member is duly elected by the electing body. The member so elected shall then hold office only for the remaining period of the term. 13. Term of Office and allowances of members of the Board. –– (1) Members of Class B and Class C in section 12 above shall hold office for a term of four years from the date on which their names are published in the Official Gazette: Provided that the term of office of the outgoing members shall extend to and expire, on the day immediately preceding the date on which the names of their successors are published in the Official Gazette. (2) Members shall be entitled to such allowances as are determined by regulations made by the Board. 14. Disqualifications of Chairman and Members. — A person shall be disqualified for being appointed, elected, nominated or designated as, or from continuing as a Chairman or a member of the Board or of any Committee appointed under this Act— (a) if he directly or indirectly by himself or his partner has or had any share or interest in any text-book published: Provided that a person who had any share or interest in the text -book concerned shall not be deemed to have incurred the disqualifications under this clause if five years have elapsed from the date of publication of such book; (b) if he directly or indirectly, by himself or his partner, has any share or interest in any work done by order of, or any contract entered into on behalf of the Board; (c) if he is an un-discharged insolvent; (d) if he is declared physically disabled by any medical authority as Government may specify; (e) if he is adjudged to be of unsound mind by a competent authority; (f) if he is acting in any manner detrimental to the aims and objectives of the Board; (g) if he is a person against whom an order of removal from office has been made under sub-section (2) of section 17: Provided that a person against whom, such order is made shall not be deemed to be disqualified under this clause, if five years or such lesser period as the Government may specify has elapsed from the date of his removal from office. 11 Explanation: For the purpose of clause (a)— (i) the publication of text-book includes its republications; (ii) a person shall be deemed to have incurred disqualification by reason of his having any share or interest in the business of the publisher of such text-book. 15. Vacancy of Chairman or Member.— (1) If the Chairman or a member of the Board or any Committee appointed under the Act, becomes disqualified under section 14 his office shall become vacant. (2) If a member elected or nominated or de signated to the Board remains absent without permission of the Board from three consecutive meetings thereof, his office shall thereupon become vacant. (3) If any question arises as to whether the office of the Chairman or a member has become vacant under clause (1) and (2) of this section, the question shall be referred to the Government and its decision in the matter shall be final. (4) The vacancy under this section shall be notified by the Board in the Official Gazette. 16. Resignation of members. — A member of the Board, not being an ex -officio member, may, resign his office at any time by tendering his resignation in writing to the Chairman of the Board, and such member shall be deemed to have vacated his office as soon as the Chairman has received his resignation. 17. Removal of Member.— (1) The Government may, on the recommendation of the Board and after making such further inquiry, if any, as it may think fit to make, remove any member of the Board or of any Committee appointed under this Act, from office, if such member has been convicted of an offence involving moral turpitude or has been guilty of any disgraceful conduct which in the opinion of the Board renders him unfit to be continued as a member or an undischarged insolvent or declared physically disabled by any medical authority as Government may specify or adjudged to be of unsound mind by a competent authority or acting in any manner detrimental to the aims and objectives of the Board: Provided that, no such recommendation shall be made by the Board, unless the member to whom it relates has been given a reasonable opportunity of showing cause why such recommendation should not be made. (2) The name of any member who has been removed from office under sub -section (1) shall be published by the Board in the Official Gazette. 18[17 A. Removal of Chairman.— The Government may, after inquiry as deemed necessary by a retired judge of the High Court, remove from office the Chairman of the Board, if he/she,— (a) has been convicted of an offence involving moral turpitude; or (b) has been found guilty of any lapse, misconduct, misbehavior or disgraceful conduct which in the opinion of the Government renders him unfit to be continued as Chairman; or (c) has been adjudged as undischarged insolvent; or (d) has been declared physically disabled by any medical authority as the Government may specify in this behalf; or 12 (e) has been adjudged to be of unsound mind by a competent authority; or (f) has been acting in any manner detrimental to the aims and objects of the Board.] 18. Casual Vacancies.— Every casual vacancy among the members of the Board or of any committee constituted under this Act, shall be filled as soon as may be, by election or nomination as the case may be; and the person elected or nominated in a casual vacancy shall hold office so long as the member in whose place he is elected or nominated, would have held it, if the vacancy had not occurred. 19. Acts and proceedings.— No act or proceeding of the Board or of the Executive Council or of the Academic Council or any other authority or Committee of the Board, shall at any time, be deemed invalid on the ground only that it is not duly constituted or that there is a defect in its constitution or that there is a vacancy in the membership thereof, and the validity of such act or proceedings shall not be questioned in any Court or before any authority or officer merely on any such ground. 20. Meetings of the Board. — (1) The Board shall on a date to be fixed by the Chairman of the Board, meet not less than twice in every year, an d six months shall ordinarily intervene between two consecutive meetings. (2) The Chairman of the Board — (a) if he thinks fit, may, and (b) upon a requisition in writing signed by not less than one -third of the total number of members of the Board shall, convene a special meeting of the Board after giving a notice of seven days in the case of clause (a) and on a date not later than twenty one days from the date of receipt of the request by the Chairman in the case of clause (b). 21. Power to invite experts and officers at meetings.— The Board may invite any person who in its opinion is an expert in the field of education or any officer of the Government not below the rank of a Deputy Director of Education to attend its meeting or a meeting of its Committee, if a subject with which the expert or officer is concerned is likely to come up or comes up for discussion or consideration at such meeting. 22. The Executive Council.— (1) The Executive Council shall be the Executive authority of the Board and shall consist of the following:— (i) The Chairman of the Board — Ex-officio Chairman; (ii) The Director of Education or his nominee not below the rank of a Deputy Director; (iii) Four members to be elected by the Board from amongst the elected members referred to in class B of sub-section (1) of section 12. (iv) One member to be elected by the Board from amongst the nominated members referred to in class C of sub-section (1) of section 12; (v) One member to be elected by the Board from amongst all its members irrespective of their Class; and (vi) One member to be elected by the Board from amongst the Ex-officio members 13 referred to in class A of sub-section (1) of section 12. (2) The term of office of the elected members shall be two years. (3) If a member elected to the Executive Council remains absent without permission of the Council for three consecutive meetings thereof, his office shall be deemed to have been vacated. (4) No person 19[other than those specified in clause (i) and (ii) of sub -section (1)] shall be a member of the Executive Council, or continue to be such member, for more than two consecutive terms. 23. Powers and Duties of Executive Council.— (1) Subject to the provisions of the Act and the Rules made thereunder, the Executive Council shall have the following duties and functions, namely:— (i) to determine the form, provide for the custody and regulate the use of the common seal of the Board; (ii) to transfer and accept transfer, hold, control, administer and deal with any property, movable or immovable and funds of the Board and to enter into contract on behalf of the Board provided that no transfer of immovable property shall be made without previous sanction of the Board; (iii) to manage and regulate the finances, accounts and investments of the Board; (iv) to invest, subject to the provisions of the Act, any money belonging to the Board, including any unapplied income, in any of the securities as may be prescribed or in the purchase of immovable property in India, with the like power varying such investments or to place in fixed or c all deposits in any Scheduled Bank, any portion of such money not required for immediate expenditure; (v) to accept, receive, hold, control, administer and deal with any fund, bequests, donations, endowments, trusts and other transfers of any property or inter est therein or right thereto, placed at the disposal of the Board for specific purposes; (vi) to consider the annual, revised or supplementary budget estimates and the annual accounts of income and expenditure of the Board and the recommendations of the Finance Committee of the Board thereon and to submit them to the Board; (vii) to recommend the number of Joint Secretaries and Assistant Secretaries to be appointed by the Government under sub-section (10) of section 9; (viii) to sanction — (a) the number of posts of officers and servants to be employed by the Board under section 10 and to suspend, hold in abeyance or abolish any such posts; (b) the payment of special pay and other allowances at such rates and subject to such conditions as it may deem fit in respect of: (1) specialised nature of duties or additional duties performed by employees of the Board; (2) duties performed on Sundays and holidays by the employees of the Board; (3) duties performed by the employees of the Board beyond normal hours; 14 (4) any remunerative jobs d one by the employees of the Board outside their office hours; (ix) subject to the budget provision sanctioned under section 39 to sanction the purchase or hire of stores, paper, forms, stationery, furniture or other equipment required for the Boards office, after calling for tender and to scrutinise them when received or enter into a contract for the purposes of the Act: Provided that it shall not be necessary to call for any tender if the value of the stores, paper, forms, stationery or other equipment requi red or the expenditure involved in the contract is less than Rs. l,000/ - or if the above articles are urgently required or the work in respect of which the contract is entered into needs to be urgently carried out or if the Executive Council does not think it advisable to call for the tenders for reasons recorded by it; (x) to enter into, vary, carry out and cancel on behalf of the Board a contract for the provision of the buildings and supply of materials for proper discharge of duties assigned to it by the Act and the Rules; (xi) to write -off irrecoverable sums due in respect of stores, priced publications, statements of mark and unserviceable articles of dead-stock, if the amount of the dues in each case exceeds Rs.100/- but does not exceed Rs. 1000/-; (xii) generally to advise the Chairman of the Board on any matter connected with the work of the Board which it deems fit or which the Chairman may refer to it; (xiii) to report to the Board upon any matter concerning which its view may be invited by Board or in respect of which it considers that it should tender advice to the Board; (xiv) to make recommendations to the Board concerning the framing or amending the rules and regulations of the Board after considering the recommendations, if any, from the Committees of the Board; (xv) to institute and make provision for the grant of scholarships, medals, prizes and other rewards and to prescribe the conditions therefor; (xvi) to accept, reject or refer back any proposal, recommendation or report from the Academic Council, Finance Committee, Examination Committee, Recognition Committee, or other Committees of the Board; (xvii) to recommend to the Board, for approval, rates of travelling allowance and remuneration to Paper-Setters, Moderators, Examiners, Translators and other personnel after taking into consideration recommendations of the Committee of the Board, if any; (xviii) to lay down the procedure and specify the penalties to be imposed in dealing with cases of use of unfair means by persons seeking admission to or appearing at the Examinations conducted under the authority of the Board; (xix) to authorise such advance as it may from time to time consider necessary, to remain in the hands of the Secretary, to meet legitimate petty expenditure; (xx) direct inspection of the secondary schools and higher secondary schools and other re- cognized institutions in order to assess the academic performance and needs, issue instructions where necessary, for maintaining efficiency and ensuring adequate amenities for students and proper terms and conditions of employment of the teacher s and other employees; 15 (xxi) recommend to the Government the withholding of grants of secondary schools and higher secondary schools and institutions which do not comply with the instructions issued from time to time. (2) The quorum for the meeting of the Executive Council shall be one -half of the total number of the members of the Executive Council. (3) The Executive Council shall report to the Board all acceptances or transfers of property done by the Executive Council. (4) The Executive Council shall not transfer any movable property without the sanction of the Board. 24. Academic Council. — (1) The Academic Council shall be the principal academic authority of the Board and shall consist of the following members, namely: (i) The Chairman of the Board— Ex-Officio Chairman; (ii) Two members to be elected by the Board from amongst the ex -officio members, referred to in Class A of sub-section (1) of section 12; (iii) Five members to be elected by the Board from amongst the elected members referred to in Class B of sub-section (l) of section 12; (iv) One member to be elected from the nominated members referred to in Class C of sub- section (1) of section 12; (v) Convenors of the Board of Studies. (2) The term of office of the members of the Academic Council shall be two years. 25. Powers and Duties of Academic Council. —(1) The Academic Council shall be the chief academic body and shall have the right to advise the Board on all academic matters. Without prejudice to the generality of this provision, the Academic Council shall have the following duties and functions, namely:— (i) to formulate guiding principles for determining curricula and syllabi for the entire secondary and higher secondary education; (ii) to consider and submit its recommendations to the Executive Council on the detailed syllabi for a ll standards except the final standard, after taking into consideration the recommendations of the respective Boards of studies thereon; (iii) to consider and submit its recommendations to the Executive Council on the curricula and detailed syllabi prepared by the Boards of Studies for the final examinations; (iv) to formulate general principles for preparing text-books; (v) to prepare or recommend for prescription to the Executive Council text-books for the standard leading to the final examinations, after taking into consideration the recommendations of the respective Boards of Studies thereon; (vi) to recommend to the Executive Council standard requirements in respect of staff, building, furniture, equipment, stationery and other things required for secondary and higher secondary schools; (vii) to recommend to the Board measures to promote physical, moral and social welfare 16 of students in institutions recognized by the Board and the conditions of their residence and discipline; (viii) to consider and submit its recomme ndations to the Executive Council on the following matters pertaining to the 20[examinations] after receipt of the recommend -dations of the Boards of Studies:— (a) the total number of compulsory and optional subjects; (b) proposals for introduction of new subjects and exclusion of existing subjects; (c) the formation of groups of subjects and the alteration of such groups; (d) the number of question papers to be set in each subject; (e) the maximum and minimum marks, time, duration and standard length for written, oral or practical tests in different subjects or groups of subjects; (ix) to conduct statistical or other research for the purposes of evaluation and reform of curricula, instruction and examination system; (x) to co-ordinate the work of the Boards of Studies and to scrutinize the recommendations in regard to various matters with which each Board of Studies is concerned. 26. The Finance Committee.— (1) There shall be a Finance Committee consisting of:— (i) The Chairman of the Board— Ex-officio Chairman; (ii) Director of Accounts or his nominee not below the rank of a Deputy Director of Accounts; (iii) Two members to be elected by the Board from amongst the elected members referred to in Class B of sub-section (1) of section 12; (iv) Two members to be elected by the Board from amongst the nominated members referred to in Class C of sub-section (1) of section 12. 27. Powers and Duties of Finance Committee. — (1) The Finance Committee shall act as advisory body on all matters concerning the finance of the Board. Its duties and fu nctions shall be as under:— (i) to prepare and submit to the Executive Council with its recommendations the annual, revised or supplementary budget estimates of the annual accounts of income and expenditure of the Board; (ii) to make recommendations to the Executiv e Council on all matters relating to the finance of the Board; (iii) to examine every proposal of new expenditure and to advise the Executive Council thereon; (iv) to review and report periodically to the Executive Council on the financial position of the Board; (v) generally to devise means for effecting economy, without impairing efficiency; (vi) to consider proposals for fixation of pay scales for new posts and revision of pay scales and advise the Executive Council thereon. 17 28. Examination Committee.— The Examination Committee shall consist of:— (i) The Chairman of the Board— Ex-officio Chairman; (ii) One member to be elected by the Board from amongst the ex-officio members referred to in Class A of sub-section (1) of section 12; (iii) Four members to be elected by the Board from amongst the elected members referred to in class B of sub-section (1) of section 12; (iv) One member to be elected by the Board from amongst the nominated members referred to in Class C of sub-section (1) of Section 12; (v) One member to be elected by the Board from amongst all the members of the Board irrespective of their Class. 29. Powers and Duties of Examination Committee. — (1) Subject to the provisions of the Act and the Rules made thereunder, the Examination Committee shall have the following duties and functions, namely:— (i) to consider and forward its observation to the Academic Council on any proposal to amend the schemes of the final Examination as set out from time to time; (ii) to recommend to the Executive Council, the rates of travelling allowance, remuneration or honoraria for various items of work connected with the final examinations; (iii) to recommend to the Executive Council qualifications and disqualifications of and rates of remuneration payable to Paper-setters, Translators, Moderators, Examiners etc.; (iv) to recommend to the Executive Council, general principles to be followed by the Board, in regard to the preparation of panels and appointment of Paper -Setters, Moderators, Translators, Examiners etc.; (v) to generally review the results (after they are de c
Excerpt shown. Open the full act in Lexace.
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