The Jharkhand Academic Council Act, 2002

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JHARKHAND ACADEMIC COUNCIL ACT, 2002
AN
ACT
TO ESTABLISH AN ACADEMIC COUNCIL IN THE
STATE OF JHARKHAND
Whereas it is expedient to establish an Academic Council in the State
of Jharkhand for holding and conducting examinations at the end of
Intermediate education, Secondary education, Sanskrit education and
madarsa education stage and for prescribing courses of studies for such
examinations and for recommending for recognition of Intermediate
Educational Institution, High Schools, Sanskrit Schools and Madarsa to the

State Government and generally for craying out such other subjects or
duties as may be considered necessary for purpose hereinafter appearing.
It is hereby enacted in the Fifty Third Year of the Republic of India as
follows :-
CHAPTER-1
PRELIMINARY
1. Short title, extent and commencement -
(1) This act may be called Jharkhand Academic Council Act, 2001
(2) It shall extend to the whole of the State of Jharkhand
(3) It shall come into force at once.
2. Defintions – In this act unless there is any thing repugnant in the
subject or context,-
(a) “Administrator” means the Administrator of the Council, when
the Council in superseded or not constituted.
(b) “Chairman” means the Chairman of the Council.
(c) “Council” means the Jharkhand Academic Council, established
under section-3.
(d) “Examination F und” means the Jharkhand Academic Council
Fund established under section-17;
(e) “High School” means a recognised school imparting instructins
in Secondary Education.
(f) “Intermediate Educations” means education of (+2) standard
imparted according to Inte rmediate syllabus and it induces (+2)
or the post 10 th standard or the pre degree (three years)
standard education of two years duration.
(g) “Madarsa” means an institution where there is arrangement for
the study of Arabic, Persian and Inslamic;
(h) “Prescribed” means prescribed by rules made by the State
Government under section -26 and for regulations made by the
Council under section-27;
(i) “Regulation” means a regulation made by the Council under
section-27;
(j) “Rules” means a rule made by the State Government under
section-26;
(k) “Sanskrit Vidyalay” means a recognised institution which
imparts instructions in Sanskrit up to the Madhyama standard
(of traditional or modern type)
(l) “Secretary” means the Secretary to the Council.
CHAPTER-2
JHARKHAND ACADEMIC COUNCIL
-----
3. Establishment and incorporating of Council
(1) There shall be e stablished, by the State Government, a Council
known by the name of the Jharkhand Academic Council, which shall be a
body corporate with perpetual succession and a common seal and shall by
that name sue and be sued. It will be an autonomous body.
(2) The Council shall have power to acquire and hold property, both
movable and immovable and subject to the provisions of this Act and the
rules made there under to transfer any property held by it and to contract
and to do all other things necessary for the purpose of his Act.
4. Constitution of the Council
(1) The council shall consist of
(a) The Chairman,
(b) The Director, Secondary Education, Jharkhand, ex-officio;
(c) One representative from each of the Universities in
Jharkhand established by law to be nominated by the
State Government;
Provided that if there are more than two such Universities
the State Government shall nominated one representative
from each of two such Universities in such rotation as
may be prescribed by rule;
(d) One scholar of Sans krit, possessing at least fifteen years
of teaching, or administrative experience to be nominated
by State Government,
(e) One scholar of Arabic, Persian or Urdu possessing at least
fifteen years of teaching or administrative experience to be
nominated by State Government;
(f) One Scholar Principal of 10+2 institution to be nominated
by the State Government having at least five years
experience,
(2)    (a) The State Government shall nominated for such period
not exceeding the term specified in subsection ( 4) as it
may think fit, not more than three persons to be members
of the Council that they, in the opinion of the State
Government, possess expert knowledge of examination
system.
(b) The State Government shall nominate one Chartered
Accountant for a period of three years.
(3) Subject to the provision of sub -section (2), the term of office of
the Chairman and the members other than the ex -officio
member, shall be for a period of three years at the pleasure of
the Government from the date of the official notification.
(4) A person who holds office as Chairman or Member shall, on the
expiration of his term of office, shall be eligible for
reappointment to that office for next three years, subject to
maximum of two terms of office.
5. Vacancies in the Council not to invalidate acts or proceedings
No act or proceedings of the Council or of any committee of the
Council shall be called in question on the ground merely of the
existence of any vacancy in or defect in the constitution of the Council
or committee as the case may be.
6. Conduct of Business
The Council shall be regulation, prescribed the procedure to be
followed in regulating the conduct of business at meetings of the
Council and of any committee constituted by the Council under this
Act.
7. Functions and Power of the Council
(1) The Council shall
(i) conduct follwing examinations
(a) Intermediate or 10+2 examination
(b) Secondary examination
(c) Madhyama examination (Sanskrit Examination)
(d) Madarsa examination, and
(e) any other examination as assigned by the State
Government from time to time.
(ii) generally formulate ways and means for the purposes of
improving the machinery and system for the assessment
of the attainments of students appearing in the
examination as described in the preceeding sub-section.
(2) In particular and without prejudice to the generality of the
foregoing powers, the Council shall
(a) in consultation with the committees of courses for
different subjects, prepare lists of parsons suitable for
appointment as paper setter, moderators, examiners,
tabulators, supervisors and invigilators for examination,
and make such appointment;
(b) consider, moderate, determine and publish the results of
examinations and award diplomas, certificates, prizes and
scholarships in respect thereof;
(c) admit candidates to its examinations and may disqualify
any candidate for appearing in such examinations for any
reason which the Council considers fit;
(d) demand and receive such fees as may be prescribed by
the Council from time to time
(e) fix centres for such examination;
(f) evolve improved methods of assessment of the
attainments of candidates and carry out experiments in
such method time to time;
(g) take such disciplinary action as it thinks fit against
students, teachers and head of the institutions for
reasons of misconduct and disobedience.
(h) arrange regular inspection of educational institutions with
a view to ascertain that the prescribed academic and
vocational standards are being maintained and report  to
the state Government for taking appropriate action;
(i) recommend to the State Government or to other
appropriate authorities for recognition as well as
withdrawal, cancellation or suspension of recognition of
any High School, Intermediate Education In stitution,
madarsa and Sanskrit High School as per rule framed
under this Act.
(j) conduct such other examinations and perform such other
duties as assigned by the State Government.
8. Committee of courses
(1) There shall be committee of courses constituted by the Council
for each group of subjects or for each subject;
(2) The committee shall give its recommendations to the Council for
the approval of the State Government on the following subjects;
(a) scheme and courses of study
(b) preparations of text books in accordance with the
approved courses of study.
(c) improvement in methods of teaching and suggest latest
technique; and
(d) other functions consistent with the purposes of this act as
may from time to time be entrusted to it.
9. Enquiry into the working of Council
(1) The State Government could depute an officer not below the
renk of Special Secretary to the Government to inspect, examine
and report the findings on any of the following matters :-
(i) the functioning of the Council
(ii) the functioning of any wing of the Council
(iii) the financial matters,
(iv) any departure and, or deviation in carrying out the
provisions of the Act and rules framed therein, and
(v) such other matter as may be refe rred by the State
Government
(2) The council shall produce any record, correspondence, report,
statement, account or statistics for the purpose of such
inspections or examination as required by authorised inspecting
officer so deputed for this purpose.
Provided that such records or documents shall not be asked for
such examination or inspections which the Council may think
be detrimental to the confidentiality of the examination.
(3) The State Government, shall, after considering the report and
recommendation, if any, issue such directions to the Council as
it may think fit and the Council shall comply with the
directions,
(4) Notwithstanding any thing contained in sub -sections (1) & (3)
the State government, may from time to time issue such general
or special directions to the Council as it think fit and Council
shall comply with such directions.
10. Officers of the Council
The following shall be officers of the Council, namely,
(i) The Chairman
(ii) The Secretary
(iii) such other officers as may be prescribed by the rules and
regulations made under this act to be officers of the Council.
11. Appointment of the Chairman and his removal
(1) The State Government, shall appoint the Chairman, who shall
be a whole time officer of the Council.
(2) The pay, allowances and other conditions of service of the
Chairman shall be such as may be determine by the State
Government.
(3) The State Government may by notification remove the Chairman
if he refuses to act or is unable to Act  or if he acts in a manner
which the State Government considers it prejudicial to the
interest of the Council.
12. Vacancy in the office of Chairman
(1) During the temporary absence of the Chairman by reason of
leave, illness or any other cause or in case  of vacancies in the
office of Chairman, any other person appointed by the State
Government, shall carry on the office of the Chairman.
13. Powers and duties of Chairman
(1) It shall be the duty of the Chairman to see that this Act and the
rules and regulations made thereunder are faithfully observed
and he shall have all powers necessary for these purposes.
(2) The Chairman shall have power to convene meetings of the
council.
(3) He shall sanction all contracts of works of confidential n atures
viz. printing of question paper and, or question cum answer
booklets including delivery to its destination. He shall sign only
the confidential agreement for maintaining secrecy about the
details of confidential printers and make payment there of.
(4) In any emergency arising out of the administrative business of
the Council, which, in the opinion of the Chairman, requires
immediate action should be taken, the Chairman shall take
such immediate action as he deems necessary, and shall
thereafter report the action taken by him to the Council at its
next meeting.
(5) The Chairman shall exercise such other powers as may be
prescribed by the rules made under this act.
14. Appointment of Secretary and his removal
(1) The State Government shall appoint on e of the officers
possessing such qualifications on such terms and conditions
and for such period as may be prescribed in the rules to be the
wholetime Secretary of the Council.
(2) The State Government may remove the Secretary, at any time, if
he refuses to act or is unable to act or acts in a manner which
the state Government considers prejudicial to the interest of the
Council.
15. Powers and duties of the Secretary
(1) The Secretary shall subject to the control of the Council, be the
Administrative Officer of the Council and shall be responsible
for the presentation of the annual estimates and statements of
accounts.
(2) Be responsible for seeing that all moneys are spent as provided
in the budget of the Council.
(3) Be responsible for keeping the minutes of the meeting of the
Council.
(4) Issue certificates in the prescribed form on behalf of the Council
to successful candidates of having passed examination
conducted by the Council and other forms of certification, where
ever necessary.
(5) Exercise such other powers as may be prescribed in rules and
regulation made under this Act.
(6) He shall be entitled to be present and to speak at any meeting of
the Council, but shall not be entitled to vote there at.
16. power of supersede the Council
(1) If in the opinion of the State Government of the Council is
unable to perform the duties imposed upon it by or under the
Act or has repeatedly failed in its performance or has not
complied with the directions issued und er sub section (4) of
section-9 by the State Government or has acted beyond its
power or has abused its power, the State Government could by
notification in its official gazette  supersede the council for such
period which could be specified in the notification.
(2) Upon the publication of the notification under sub -section-1 for
the supersession of the Council
(a) the Chairman and all the members of the Council shall
vacate their posts as such with effect from the date of
supersession.
(b) all the power  and duties to be exercised or performed by
or on behalf of the Council under the provisions of the Act
during the period of supersession shall be exercised or
performed by Administrator duly appointed by the State
Government, and
(c) all the properties ve sted in the Council during the period
of supersession shall vest in the State Government.
(3) On the expiry of the period of supersession specified in the
notification issued under subsections (1), the State Government
(a) may extend the period of supersession for such further
time as it may consider necessary but this period shall
not be more than one year, or,
(b) may reconstitute the Council as provided in section-4
(4) The State Government shall appoint Administrator, when the
Council is not constituted under Section-4.
CHAPTER-3
JHARKHAND ACADEMIC COUNCIL FUND
17. Examination Fund
(1) There shall be established a fund to be called the Jharkhand
Academic Council Fund,  which shall be vested in the Council
for the purpose of this Act subject to the provisions there in
contained.
(2) There shall be placed to the credit of the Jharkhand Academic
Council Fund.
(a) all money received by or on behalf of the Council
including all fees payable and levied under any provisions
of this Act and the rules and regulations made
thereunder;
(b) all sums borrowed by the Council for the purposes of
carrying out the provisions of this Act and the rules and
regulation made thereunder; and
(c) all other sums received by the Council, not included in
the preceeding clauses.
(3) All sums received under sub -section-2 shall be kept in any
nationalised Scheduled Indian Bank and shall be credited to an
account to be called the account of the Jha rkhand Academic
Council.
18. Application of Examination Fund
(1) The Examination Fund shall be applicable to the following
objectives
(a) to the repayment of debts incurred by the Council for the
purpose of this Act and the rules and regulations made
thereunder;
(b) to the payment of the salaries, allowances and
honorarium of the officers and the employees of the
Council;
(c) to the payment of the travelling and other allowances to
the members of the Council and different committees;
(d) to the payment of the District administration for
conducting free, fair and peaceful examination;
(e) to the honorarium given to the selected officers engaged in
conducting the examination;
(f) to the payment of expenses incurred over the jobs related
to examinations and pe rforming the functions entrusted
to the Council under this Act and the rules and
regulations made thereunder;
(g) to the payment of the cost of audit of the Examination
Fund;
(h) to the expenses of any suit or proceedings to which the
Council and/or Officers of the Council are/is party;
(i) to the payment of expenses incurred over repair and
maintenance of the building of the Council;
(j) to meet the office expenses as well as rent for the office
building;
(k) to the payment of anyother expenses not spe cified in any
of the preceeding clauses.
19. Audit of accounts of the Council
The account of the Council shall be subject to audit under the Bihar
and Orissa Local Fund Audit Act, 1925 (B&O Act II of 1925), and for
this purpose of the said Act, the Counci l shall be deemed to be a local
authority whose accounts have been declared by the State
Government to be subject to Audit under section -3 of the said Act and
the Examination Fund shall be deemed to be a local fund.
Provided that expenses incurred over confidential jobs related to
examination such as setting of question paper, moderating of question
papers, printing of question papers or question cum answer booklets,
delivery of questions papers or question cum answer booklets to its
destination as well as processing of result etc. shall not be audited to
maintain the secrecy about the details of confidential printers.
CHAPTER-4
EXAMINATIONS
20. Aims and objective of examinations
The examinations to be conducted by the Council shall aim at testing
the training of the candidates as useful citizens of the Indian Union,
their qualifications and preparedness for absorption in different
vocations or services and their suitability of the receiving University
Education. The objective of the examination shall be t o evaluate the
attainments of the students at the end of his study in Secondary,
Intermediate, madarsa and Madhyama level.
21. Intermediate or 10+2 Examination
A student registered with the Council may be admitted to the final
examination to be called Int ermediate or 10+2 examination in the
faculty and subject with which he has been registered and in which he
has qualified for appearing at the examination, on payment of
prescribed fee.
22. Secondary Examination
The Council shall conduct an examination to be called the Secondary
examination at which may be allowed  to appear all such candidates
as shall have completed the prescribed courses of study taught at
secondary stage in High Schools as well as registered with the
Council.
23. Sanskrit Examination
A student registered with the Council may be allowed to appear at the
examination to be called Madhyama Examination, if he shall have
completed the prescribed courses of study taught in Sanskrit
Vidyalaya.
24. Madarsa Examination
The Council shall conduct examinations for those students who shall
be registered with the Council and shall have completed the courses of
study to be taught at Madarsa.
CHAPTER -5
SERVICE STATUTES
25. General Condition of Service
The service conditions of the employees of the Council will be laid
down in the regulation made under this Act, which will be framed
within one year for the date of enforcement of this Act.
CHAPTER - 6
MISCELLANEOUS
26. Power of State Government to make rules
(1) The State Government may by notification, and after previous
publication, make rules for carrying out the purposes and object
of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, the State Government m ay make rules for the
followings
(a) Prescribing the powers to be exercised by the Chairman
under sub-section-5 of the section-13;
(b) Prescribing the qualifications of the Secretary to the
council and terms and condition on which he may be
appointed;
(c) Prescribing the academic and vocational standards for
examinations;
(d) Prescribing the instructions to be given to the authority
responsible for preparing the text book for the preparation
of text books;
(e) Prescribing the other examinations to be conducted by the
Council and the duties to be performed by it, other than
the duties specified in section-7
(f) Declaring officers to be officers of the Council under
clause- (iii) of sectoion-10 and
(g) for any other matter for which there is no clear provi sion
or insufficient provision in this Act and for which
provision is, in the opinion of the State Government,
necessary for giving effect to the purposes of this Act.
27. Power of Council to make regulations
The Council may, after previous publication and subject to
confirmation by the State Government, make regulations consistent
with this Act and the rules made there under to provided for all or any
of the following matters, namely-
(a) the procedure to be f ollowed in regulating the conduct of
business at meetings of Council and committees constituted by
it under the Act;
(b) the conditions under which students shall be admitted to the
examination of the Council;
(c) the fees to be charged for admission to th e examination of the
Council;
(d) the conditions and mode of appointment and duties of
examiners and the conduct of examinations;
(e) the powers to be exercised by the Secretary under sub -section-5
of section-15;
(f) the service code and conduct rules for the employees of the
Council; and
(g) all the matters which by this Act or the rules made thereunder
are to be or may be provided by regulations.
28. Bar on jurisdiction of Court -
(1) No court or authority or forum shall have jurisdiction to
entertain any  complain or objection relating to any orders or
judgment given by Council or its officers or its committees
under this Act and no injunction in respect of any action taken
or to be taken by the Council or its officers or its committees,
shall be entertained by any court or authorities or forum.
(2) No prosecution, suit or other proceedings shall lie against any
officers of the Council for any thing done or intended to be done
in good faith under this Act.
29. Savings
Until such time as the State Governmen t makes rules and the council
makes regulations under the appropriate provision of this Act within a
maximum period of one year, any rule and regulation made under the
Bihar Intermediate Education Council Act, 1992 (Bihar Act 26 of
1992), Bihar School Exam ination Act, 1952 (Bihar Board Act 7 of
1952) adapted as Jharkhand Secondary Examination Board Act,
2000, Bihar Sanskrit Education Board Act 1981 (Bihar Act 31 of
1982) and Bihar Madarsa Education Board Act 1981 (Bihar Act 32 or
1982) which were in force immediately before the said act ceased to be
in force, shall continue to be in force subject to such modifications
and adaptions, if any, as may be made there in by the competent
authority and shall be deemed to be rules and regulations made under
the corresponding provisions of this Act.
30. Repeal and Savings
(1) The Bihar Intermediate Education Council Act, 1992 (Bihar Act
26 of 1992), Bihar School Examination Board A ct, 1952 (Bihar
Act 7 of 1952) (adapted as Jharkhand Secondary Examination
Board Act, 2000). Bihar Sanskrit Education Board Act, 1981
(Bihar Act 31 of 1982) and Bihar Board of Madarsa Education
Board Act-1981 (Bihar Act 1982) are here by repealed.
(2) Notwithstanding such repeal any thing done or any action taken
in exercise of any power conferred by or under the said Act shall
be deemed to have been done or taken in the exercise of power
conferred by or under this Act, as if this Act were in force on the
day on which such things or action was done or taken.
By order of the Governor of Jharkhand
Prashant Kumar,
Secretary-cum-Legal Remembrancer,
Law (Legislative) Department
Jharkhand, Ranchi

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