LexThe Maharashtra Secondary and Higher Secondary Education Boards Act, 1965
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1965 : Mah. XLI] 1
THE MAHARASHTRA SECONDARY AND HIGHER SECONDARY
EDUCATION BOARDS ACT, 1965
[Text as on 2nd August 2024]
_______________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Establishment of State and Divisional Boards.
3A. Power of State Government to amend First Schedule.
4. Incorporation of State Board.
5. Constitution of State Board.
6. Constitution of Divisional Boards.
7. Term of office and conditions of service of Chairmen of Boards.
8. Term of office of, and allowances to, members of Boards.
9. Disqualification of Chairmen and members.
10. Vacancy of Chairmen or member owing to disqualification.
11. Vacancy of member owing to absence without permission.
12. Decision on questions as to vacancy.
13. Vacancy to be notified.
14. Resignation of member.
15. Removal of member.
16. Meetings of Boards.
17. Power to invite experts and officers at meeting.
18. Powers and duties of State Board.
19. Powers and duties of a Divisional Board.
20. Powers and duties of Chairmen of Boards.
21. Appointment, powers and duties of Secretaries, Joint and Assistant Secretaries.
22. Other officers and servants of the Boards.
23. Appointment of Committees.
2 The Maharashtra Secondary and Higher Secondary [1965 : Mah. XLI
Education Boards Act, 1965
24. Casual vacancies.
25. Acts and proceedings not invalidated by vacancies or defects in constitution.
26. State Board’s Fund, its custody and investment.
27. State Board to pay costs from the Fund on account of salary, pension, etc., of Chairmen,
Secretaries, Joint Secretaries and Assistant Secretaries.
28. General application of the Fund.
29. How the Fund shall be drawn against.
30. Allotments to Divisional Boards.
31. Preparation of annual budget estimates.
32. Annual accounts and audit.
32A. Inspection and Inquiry.
33. Information, returns, etc., to be furnished by the Boards.
34. Powers of State Government to issue directions.
35. Manner of exercise of powers delegated to a Board or a Committee.
36. Power of State Board to make regulations.
37. First regulations.
38. Power of State Board to make by-laws.
39. Interpretation in case of doubt.
40. Repeal and savings.
41. Amendments of certain enactments.
42. Power to remove difficulties.
FIRST SCHEDULE
SECOND SCHEDULE
1965 : Mah. XLI] The Maharashtra Secondary and Higher Secondary 3
Education Boards Act, 1965
LIST OF AMENDMENT ACTS
1. Amended by Mah. 26 of 1969
2. Amended by Mah. 39 of 1971
3. Amended by Mah. 6 of 1977 (15-6-1977)
4. Amended by Mah. 11 of 19861 (6-11-1985)
5. Amended by Mah. 39 of 2000 (19-8-2000)
6. Amended by Mah. 27 of 2005 (19-5-2005)
1 Maharashtra Ordinance No. VIII of 1985 was repealed by Mah. 11 of 1986, s. 11.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra Secondary and Higher Secondary [1965 : Mah. XLI
Education Boards Act, 1965
1965 : Mah. XLI] The Maharashtra Secondary and Higher Secondary 5
Education Boards Act, 1965
MAHARASHTRA ACT No. XLI OF 19651
[THE MAHARASHTRA SECONDARY AND HIGHER SECONDARY
EDUCATION BOARDS ACT, 1965.]
[This Act received the assent of the Governor on the 10th September 1965, assent was first published
in the Maharashtra Government Gazette, Part IV, on the 13th September 1965.]
An Act to provide for the establishment of a State Board and Divisional Boards
to regulate certain matters pertaining to secondary 2[and higher secondary]
education in the State of Maharashtra.
WHEREAS, it is expedient to provide for the establishment of a State Board and Divisional
Boards to regulate certain ma tters pertaining to secondary 3[and higher secondary] education in the
State of Maharashtra and for other purposes hereinafter appearing; It is hereby enacted in the Sixteenth
Year of the Republic of India as follows :—
1. Short title, extent and commencement. — (1) This Act may be cal led the Maharashtra
Secondary 4[and Higher Secondary] Education Boards Act, 1965.
(2) It extends to the whole of the State of Maharashtra.
(3) This section shall come into force at once; and the remaining provisions of this Act shall come
into force on such 5date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “appointed day” means the date on which the remaining provisions of this Act come into
force under sub-section (3) of section 1;
(b) “Board” means the State Board or a Divisional Board, as the case may be;
(c) “bye-laws” means bye-laws made by the State Board under section 38;
(d) “corresponding Divisional Board” in relation to the Maharashtra Sec ondary School
Certificate Examination Board means the Board established under this Act for the Pune Division
and in relation to the Vidarbha Board of Secondary Education means the Board so established for
the Nagpur Division;
6[(e) “Division” means the ar eas comprised in each of the Division as specified in the first
Schedule to this Act;]
(f) “Divisional Board” means a Board established for a Division under this Act;
(g) “final examination” means one or more examination conducted 7[at the end of the
secondary, or as the case may be, higher secondary stage of education,] by a Division Board on
behalf of the State Board;
(h) “headmaster” or “headmistress” 8[or “principal”] means the head of the teachin g staff of
a secondary school 9[or a junior college] recognised by a Divisional Board, by whatever style
designated ;
1 For Statement of Objects and Reasons of the L. A. Bill No. IV of 1965, see Maharashtra Government Gazette , 1965,
Extraordinary No. 29, Part V, dated 10th July 1965, pp. 371-372.
2 These words were inserted by Mah. 6 of 1977, s. 2.
3 These words were inserted by Mah. 6 of 1977, s. 3.
4 These words were inserted by Mah. 6 of 1977, s. 4.
5 1st day of January 1966, vide G.N., E. and S.W.D., No. SSC 1765-G (1), dated 20th December, 1965.
6 Clause (e) was substituted for the original by the Mah. 11 of 1986, s. 2(a).
7 These words were inserted by Mah. 6 of 1977, s. 5(a).
8 These words were inserted by Mah. 6 of 1977, s. 5(b).
9 These words were inserted by Mah. 6 of 1977, s. 5(b).
6 The Maharashtra Secondary and Higher Secondary [1965 : Mah. XLI
Education Boards Act, 1965
1[(h-1) “higher secondary education” means such general, technical, vocational or special
education (including any combined course thereof), which follows immediately th e secondary
education and precedes immediately the education controlled by Universities established by law
in the State;]
(i) “institution” means as institution imparting 2[secondary or higher secondary education or
both];
3[(i-1) “junior college” means an institution which imparts education in the first year or the
second year or both, of the higher secondary education course;]
(j) “prescribed” means prescribed by regulations;
(k) “primary education” means education imparted in a primary school as defin ed by the
State Government in this behalf or education equivalent thereto;
(l) “recognised by a Divisional Board” with re ference to a secondary school 4[or a junior
college], means recognised by a Divisional Board for the purposes of admission to the privileges
of that Board, and “recognised by the Education Department” means recognised either by the
Directorate of Education or the Directorate of Technical Education und er the Secondary Schools
Code 5[or any other administrative orders of the Education Department of the State Government]
and the expression “recognition’’, with all its grammatical variations and cognate expressions,
shall be construed accordingly;
(m) “regulations” means the regulations made by the State Government under section 37
and by the State Board under section 36;
6 * * * * *
(o) “secondary education” means such general, technical, vocational or special education
(including any combined course thereof), which is designed to meet the needs of the period of
adolescence and which follows immediately primary educa tion and precedes immediately
7[higher secondary education];
(p) “State Board” means the Maharas htra State Board of Secondary 8[and Higher
Secondary] Education established under this Act;
9[(p-1) “secondary school” means an institution which imparts secondary education and is
recognised by a Divisional Board;]
(q) “teacher” means a member of the teaching st aff (other than headmaster or
10[headmistress or principal) of a secondary school or a Junior College ] recognised by a
Divisional Board;
11[(r) “text-book” in relation to any standard including the final standard 12[of secondary or
higher secondary education], means any book prescribed by the State Board, or prepared or
caused to be prepared and prescribed by it, for that standard.]
1 Clause (h-l) was inserted by Mah. 6 of 1977, s. 5(c).
2 These words were inserted by Mah. 6 of 1977, s. 5(d).
3 Clause (i-l) was inserted by Mah. 6 of 1977, s. 5(e).
4 These words were inserted by Mah. 6 of 1977, s. 5(f).
5 These words were inserted by Mah. 6 of 1977, s. 5(f).
6 Clause (n) was deleted by Mah. 11 of 1986, s. 2(b).
7 These words were substituted for the words “education controlled by Universities established by law in India” by Mah. 6
of 1977, s. 5(h).
8 These words were inserted by Mah. 6 of 1977, s. 5(i).
9 Clause (p-1) was inserted by Mah. 6 of 1977, s. 5(j).
10 These words were substituted for the words and bracket “headmistress, of a secondary school” by Mah. 6 of 1977,
s. 5(k).
11 Clause (r) was substituted by Mah. 39 of 1971, s. 2.
12 These words were inserted by Mah. 6 of 1977, s. 5(l).
1965 : Mah. XLI] The Maharashtra Secondary and Higher Secondary 7
Education Boards Act, 1965
13. Establishment of State and Divisional Boards. — (1) The State Government shall by
notification in the Official Gazette , establish a Board for the whole State by the name of “the
Maharashtra State Board of Secondary 2[and Higher Secondary] Education”.
(2) The State Government shall likewise, by notification in the Official Gazette, establish a Board
for each of the 3[* *] Divisions under such name as may be specified in the notification.
4[3A. Power of State Government to amend First Schedule. — The State Government may,
from time to time, by notification in the Official Gazette, constitute any new Division under this Act,
by such name, for such area and with effect from such date as may be specified by it, and insert
necessary entries in the First Schedule; and may for that purpose or any other purposes specified in that
behalf diminish, increase or alter the area of any existing or new Division, by suitably amending the
Schedule, by the said notification, and thereupon the entries in the said Schedule shall stand amended
accordingly.]
4. Incorporation of State Board. —The State Board shall be a body corporate by the name
mentioned aforesaid and shall have 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.
5. Constitution of State Board. — (1) The State Board shall consist of Chairman appointed by
the State Government, and of the following members, that is to say :—
Class A—Ex-officio Members.
(i) The Director of Education, or any other officer of the Department of Education
designated by the State Government.
5[(i-a) The Director of Higher Education or any other officer of the Department of
Education designated by the State Government.]
(ii) The 6[Chairmen] of the Divisional Boards.
(iii) The Director of Technical Education, or any other officer of the Department o f
Technical Education designated by the State Government.
(iv) The Director of Agriculture, or any other officer of the Agriculture Department
designated by the State Government.
7[(iv-a) The Director of Art, or any other officer of the Directorate of Ar t designated by the
State Government.]
8[(v) The Director, State Council for Educational Research and Training.]
9[ * * * * * ]
1 Section 6 (2) of Mah. 6 of 1977 (Mah. VI of 1977) reads as follows :—
“(2) Without prejudice to the amendments made by section 22 of this Act, any reference in any law or in any
instrument or other document to the expression “the Maharashtra State Board of Secondary Educat ion” shall, unless a
different intention appears, be construed as a reference to the Maharashtra State Board of Secondary and Higher
Secondary Education, and in all suits and other legal proceedings before any Court, tribunal or authority pending on the
commencement of the Maharashtra Secondary Education Boards (Amendment) Act, 1976, in which or to which the
Maharashtra State Board of Secondary Education is a party, “the Maharashtra State Board of Secondary and Higher
Secondary Education” shall be deemed to be substituted therefor”.
2 These words were inserted by Mah. 11 of 1986, s. 6(i).
3 The word “three” was deleted by Mah. 11 of 1986, s. 3.
4 Section 3A was inserted by Mah. 11 of 1986, s. 4.
5 Paragraph (i-a) was inserted by Mah. 6 of 1977, s. 7(1)(a)(i).
6 This word was substituted for the word “Chairman” by Mah. 11 of 1986, s. 5(1)(a)(i).
7 This paragraph was inserted by Mah. 39 of 1971, s. 3.
8 Paragraph (v) was substituted by Mah. 11 of 1986, s. 5(1)(a)(ii).
9 Paragraphs (vi) and (vii) were deleted by Mah. 6 of 1977, s. 7(1)(a)(iii).
8 The Maharashtra Secondary and Higher Secondary [1965 : Mah. XLI
Education Boards Act, 1965
Class B—Elected Members.
(i) One member from each University in the State established by law, who shall be the
person elected by the Academic Council or other designated authority of the University.
1[ * * * * ]
2[ * * * * ]
Class C—Nominated Members.
(i) 3[Six members designated by the State Government], from amongst the 4[principals],
headmasters and headmistresses nominated as m embers of the Divisional Boards 5[of whom at
least one shall be the principal of a junior college.]
6[(i-a) Two members of the Maharashtra Legislative Assembly nominated by the Speaker of
the Maharashtra Legislative Assembly.
(i-b) One member of the Maharashtra Legislative Council nominated by the Chairman of the
Maharashtra Legislative Council.]
7[ * * * * * ]
(ii) 8[Six members designated by the State Government], from amongst the teachers
nominated as members of the Divisional Boards 9[of whom at least two shall be teachers of junior
colleges.]
(iii) One member nominated by the State Government, f rom amongst the Pr incipals of
10[College of Education] in the State.
11[* * * * *]
(iv) 12[Six members designated by the State Government], from amongst representative of
the managing bodies of secondary schools 13[and junior colleges] nominated as mem bers of the
Divisional Boards 14[of whom at least one shall be the representative of the managing bodies of
junior colleges.]
15[(v) 16[Six members designated by the State Government], nominated by reasons of their
having special knowledge, or practical experience in matters connected with primary, secondary
or higher secondary education, of whom not less than one shall be a woman.]
1 The portion beginning with the words “to be a member of a Divisional Board” and ending, with the words “on the
Divisional Board” was deleted by Mah. 6 of 1977, s. 7(1)(b).
2 Paragraphs (ii) and (iii) were deleted by Mah. 27 of 2005, s. 3(a).
3 These words were substituted for the words “Four members designated by the State Government, one from each revenue
division” by Mah. 11 of 1986, s. 5(1)(b)(i).
4 These words were inserted by Mah. 6 of 1977, s. 7(1)(c)(i).
5 These words were inserted by Mah. 6 of 1977, s. 7(1)(c)(i).
6 These Paragraphs were inserted by Mah. 27 of 2005, s. 3(b).
7 Paragraph (i-a) was deleted by Mah. 6 of 1977, s. 7(1)(c)(ii).
8 These words were substituted for the words “Eight members designated by the State Government, two from each revenue
division” by Mah. 11 of 1986, s. 5(1)(b)(ii).
9 These words were inserted by Mah. 6 of 1977, s. 7(1)(c)(iii).
10 These words were inserted by Mah. 6 of 1977, s. 7(1)(c)(iv).
11 Paragraph (iii-a) was deleted by Mah. 6 of 1977, s. 7(1)(c)(v).
12 These words were substituted for the words, “Four members designated by the State Government, one from each revenue
division” by Mah. 11 of 1986, s. 5(1)(b)(iii).
13 These words were inserted by Mah. 6 of 1977, s. 7(1)(c)(vi).
14 These words were inserted by Mah. 6 of 1977, s. 7(1)(c)(vi).
15 Paragraph (v) was substituted for the original by Mah. 6 of 1977, s. 7(1)(c)(vii).
16 These words were substituted for the words “Four members designated by the State Government, one from each
revenue” by Mah. 11 of 1986, s. 5(1)(b)(iv).
1965 : Mah. XLI] The Maharashtra Secondary and Higher Secondary 9
Education Boards Act, 1965
1[ * * * * * ]
2[3[Provided that, the State Government shall designate at least one member from each Division
under each of the paragraphs (i), (ii), (iv) and (v) under the heading Class C—Nominated members :
Provided further that], a person shall cease to hold office as a member of the State Board, if he
ceases to belong to the Academic Council or the authority of the University, the members of which
elected him, or ceases to be a member of the Legislative Assembly, or Legislative Council, or ceases to
be a principal, headmaster, headmistress or teacher, or representative of the managing body where he is
nominated or designated from amongst such persons and any such person shall inform the Chairman in
writing under his own hand of his having so ceased to be the member of the Board, within a week
therefrom.]
(2) The names of persons (not being ex-officio members) who have been elected or nominated or
designated, from time to time, as members of the State Board s hall be published by that Board in the
Official Gazette.
4[(3) Notwithstanding anything contained in this Act, all Class C —Nominated Members of the
State Board, holding office, immediately before the commencement of the Maharashtra Secondary and
Higher Secondary Education Boards (Amendment) Act, 1986 (Mah. XI of 1986), shall cease to be such
members and vacate their offices on the date on which new members are designated by the State
Government under sub-section (1), as amended by the said Act.]
6. Consti tution of Divisional Boards. — (1) A Divisional Board shall consist of a Chairman
appointed by the State Government, and of the following members, that is to say :—
Class I—Ex-officio Members.
(i) All Regional Deputy Directors of Education in the Division.
(ii) Two Education Officers designated by the State Government amongst officers serving in the
Division as Parishad Education Officers of the Zilla Parishads, 5[and the Education Inspector, Greater
Bombay.]
6[* * * * * ]
Class III—Nominated Members.
7[(i) Six members nominated by the State Government from amongst the principals, headmasters
and headmistresses in the Division, of whom two shall be principals of junior colleges.]
8[* * * * * ]
9[(ii) Eight members nominated by the State Government, from amongst the teachers in the
Division, of whom four shall be teachers in junior Colleges.]
10[ * * * * * ]
11[(iv) Two members nominated by the State Government, from amongst the repr esentatives of
the managing bodies of secondary schools and junior colleges recognised by the Divisional Boards in
the Division, of whom one shall be the representative of the managing bodies of junior colleges.]
1 Paragraphs (vi) and (vii) were deleted by Mah. 6 of 1977, s. 7(1)(c)(viii).
2 This proviso was substituted for the original by Mah. 6 of 1977, s. 7(1)(c)(ix).
3 This portion was substituted for the words “Provided that” by Mah. 11 of 1986, s. 5(1)(c).
4 Sub-section (3) was substituted for the original by Mah. 11 of 1986, s. 5(2).
5 These words were su bstituted for the words “the Educational Inspector, Greater Bombay, and the Inspectress of Girls
Schools” by Mah. 11 of 1986, s. 6(1)(a).
6 The Heading “Class II-Elected Members” and paragraph thereunder were deleted by Mah. 6 of 1977, s. 8(1)(a).
7 Paragraph (i) was substituted by Mah. 11 of 1986, s. 6(1)(b)(i).
8 Paragraph (i-a) was deleted by Mah. 6 of 1977, s. 8(1)(b)(ii).
9 Paragraph (ii) was substituted for the original by Mah. 11 of 1986, s. 6(1)(b)(ii).
10 Paragraphs (iii) and (iii-a) were deleted by Mah. 6 of 1977, s. 8(1)(b)(iv).
11 Paragraph (iv) was substituted by Mah. 11 of 1986, s. 6(1)(b)(iii).
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Education Boards Act, 1965
1[* * * * * ]
2[Provided that, a person shall cease to hold office as a member of the Divisional Board, if he
ceases to be a principal, headmaster, headmistress or teacher or representative of the managing body
where he is nominated from such persons and such person shall inform the Chair man in writing under
his own hand of his having so ceased to be the member of the Board, within a week therefrom.]
(2) The names of persons (not being ex-officio members) who have been 3[* * *] nominated, from
time to time, as members of a Divisional Board shall be published by the State Board in the Official
Gazette.
4[(3) Notwithstanding anything contained in this Act, all nominated members of every Divisional
Board, holding office, immediately before date of commencement of the Maharashtra Secondary and
Higher Secondary Education Boards (Amendment) Act, 1986 (Mah. VI of 1986), shall cease to be such
members and vacate their offices on the date on which new members are nominated by the State
Government under sub-section (1), as amended by the said Act.]
7. Term of office and conditions of service of chairmen of Boards. — (1) The Chairman of the
State Board, and a Chairman of a Divisional Board shall hold office for a term of four years from the
date of his appointment.
5[(1A) Nothing in sub-section (1) shall affect the power of the State Government to transfer, in the
exigencies of public service, any Chairman to any other post under Government during such term; and
if any Chairman is superannuated in the service of Government he shall cease to be the Chai rman,
unless his services are extended or he is re -employed in the service of Government and he is not
transferred to some other post.]
(2) The State Government may from time to time extend the term of office of a Chairman,
provided that the term shall not exceed in the aggregate eight years.
(3) The Cha irman of the State Board, and 6[Chairmen of the Divisional Boards] shall be the
servants of the State Government and they shall draw their salary and allowances from the
Consolidated Fund of the State. The salary and allowances and other conditions of service of Chairman
shall be such as may be determined by the State Government.
(4) Where a temporary vacancy of a Chairman occurs, by reason of leave, illness or other cause,
the State Government may appoint another person to be Chairman on such salary, allowances and other
conditions of service as shall be determined by the State Government.
8. Term of office of, and allowances to, members of Boards. — (1) The members of the State
Board and of each of the Di visional Boards, not being members Ex-officio, shall hold office for a term
of four years from the date on which their names are published in the Official Gazette.
7[* * * * * ]
8[(1A) Notwithstanding anything contained in sub -section ( 1), the nominated members of the
State Board or of the Divisional Boards shall hold office during the pleasure of the Government and
their term of office may, at any time, before the expiry of the period of four years, be terminated by the
State Government, by an order published in the Official Gazette.]
(2) The members shall be entitled to such compensatory allow ances as may be determined by
9[regulations.]
1 Paragraphs (v) and (vi) were deleted by Mah. 6 of 1977, s. 8(1)(b)(vi).
2 This proviso was substituted for the original by Mah. 6 of 1977, s. 8(1)(c).
3 The words “elected or” were deleted by Mah. 6 of 1977, s. 8(2).
4 Sub-section (3) was substituted for the original by Mah. 11 of 1986, s. 6(2).
5 Sub-section (1-A) was deemed always to have been inserted by Mah. 26 of 1969, s. 2.
6 These words were substituted for the words “Chairman of the Divisional Boards” by Mah. 11 of 1986, s. 7.
7 The proviso was deleted by Mah. 39 of 2000, s. 2(a).
8 Sub-section (1-A) was inserted by Mah. 39 of 2000, s. 2(b).
9 This word was substituted for the words “by-laws made by the State Board” by Mah. 6 of 1977 s. 9.
1965 : Mah. XLI] The Maharashtra Secondary and Higher Secondary 11
Education Boards Act, 1965
9. Disqualification of Chairmen and members. — A person shall be disqualified for being
appointed, el ected, nominated or designated as, or for continuing as, a Chairman or member of the
State Board and of a Divisional Board or of any Committee appointed under this Act—
(a) if he directly or indirectly, by himself or his partner,—
(i) has or had any share or interest in any text-book published, or
(ii) has any share or interest in any work done by order of, or in any contract entered
into on behalf of the State Board or a Divisional Board :
Provided that, a person who had any share or interest in any te xt-book referred to in
sub-clause ( i) shall not be deemed to have incurred the disqualification under that sub -
clause, if five years have elapsed from the date of publication of such book;
(b) if he is a person against whom an order of removal from office has been made under
sub-section (1) 1[or sub-section (2)] of section 15 :
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 State Government
may specify) has elapsed from the date of his removal from office.
Explanation.— For the purposes of sub-clause (i) of clause (a)—
(A) the publication of a text-book shall include its republication ;
(B) 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.
10. Vacancy of Chairman or member owing to disqualification. — If the Chairman or a
member of the State Board or a Divisional Board or any Committee becomes subject to any of the
disqualifications mentioned in the last preceding section, his office shall thereupon become vacant.
11. Vacancy of member owing to absence without permission . — If a member elected or
nominated or designated to the State Board or a Divisional Board remains absent without permission of
the Board from three consecutive meetings thereof, his office shall thereupon become vacant.
12. Decision on question as to vacancy. — If any question arises as to whether the office of the
Chairman or a member has become vacant under section 10 or 11, the question shall be referred for the
decision of the State Government, and its decision shall be final.
13. Vacancy to be notified.— Any vacancy under section 10 or 11 shall be notified by the State
Board in the Official Gazette.
14. Registration of member.— A member of the State Board or a Divisional Board, not being a
member ex-officio, 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.
2[15. Removal of member. — (1) The State Government may, on the recommendation of the
State Board or as the case may be, the Divisional Board, and after making such further inquiry if any,
as it may think fit to make, by order remove any member of the State Board or Divisional Board o r of
any Council or Committee thereof, if such member—
(a) has been convicted by a Court in India of any offence involving moral turpitude; or
(b) is an undischarged insolvent; or
(c) has been declared physically disabled by such medical authority as the State Government
may specify; or
1 These words, brackets and figure were inserted by Mah. 6 of 1977, s. 10.
2 Section 15 was substituted for the original by Mah. 6 of 1977, s. 11.
12 The Maharashtra Secondary and Higher Secondary [1965 : Mah. XLI
Education Boards Act, 1965
(d) is of unsound mind and stands so declared by a competent Court; or
(e) is acting in a way detrimental to the aims and objects of the State Board or the Divisional
Board:
Provided that, no such recommendation shall be made by the State Board or Divisional
Board or no order shall be made under clause ( e), unless the member to whom it relates has been
given a reasonable opportunity of showing cause why such recommendation or order should not
be made.
(2) The State Gove rnment may suo-motu by order remove any member of the State Board of a
Divisional Board or any Council or Committee thereof, elected or nominated or designated, whose
activities are, in the opinion of the State Government, detrimental to or obstruct, the proper functioning
of the State Board or of the Divisional Board or of any Council or Committee thereof :
Provided that, no member shall be removed from office unless he has been given a reasonable
opportunity of showing cause why such order should not be made against him.
(3) The name of any member who has been removed from office under sub -section ( 1) or ( 2)
shall be published by the State Board in the Official Gazette.]
16. Meeting of Boards.— (1) The State Board and each Divisional Board shall meet not less than
twice in every year, and six months shall not intervene between two successive meetings.
(2) The Chairman of the State Board or a Divisional Board may at any time, and shall upon the
written request of not less than one -third of the total number of members of the Board ( excluding the
ex-officio members) call a special meeting of the Board on a date not later than twenty -one days after
the receipt of such request by the Chairman.
17. Power to invite experts and officers at meetings. — A Board may invite any person who in
its opinion is an expert in the field of educatio n 1[or any officer] of the State Government, to attend its
meeting or of its Committee, if a subject with which the expert or officer is concerned is likely to come
up or come up for discussion or consideration 2[* * * ].
18. Power and duties of State Board. — Subject to the provisions of this Act, the powers and
duties of the State Board shall be as follows, namely :—
(a) to advice the State Government on matters of policy relating to 3[secondary or higher
secondary education] in general, and on the following matters in particular :—
(i) ensuring a uniform pattern of 4[secondary or higher secondary education];
(ii) maintenance of uniform standard of e ducation in secondary schools 5[and junior
colleges];
(iii) co-ordination between national policies and State policies in 6[secondary or higher
secondary education];
(iv) co -ordination between 7[secondary or higher sec ondary education], uni versity
education and primary 8[* * * *] education;
9[(b) to lay down guiding principles for determining curricula and syllabi and also to prepare
the detailed syllabi for all standards of secondary and higher secondary education;]
1 These words were substituted for the words “or any of the following officer or any other officer” by Mah. 6 of 1977, s.
12(a).
2 Portion beginning with the words “at such meeting” and ending with the words “National Cadet Corps” was deleted by
Mah. 6 of 1977, s. 12(b).
3 These words were substituted for the words “secondary education” by Mah. 6 of 1977, s. 13(1)(a)(i).
4 These words were substituted for the words “secondary education” by Mah. 6 of 1977, s. 13(1)(a)(i).
5 These words were inserted by Mah. 6 of 1977, s. 13(1)(a)(ii).
6 These words were substituted for the words “secondary education” by Mah. 6 of 1977, s. 13(1)(a)(i).
7 These words were substituted for the words “secondary education” by Mah. 6 of 1977, s. 13(1)(a)(i).
8 The words “and basic” were deleted by Mah. 6 of 1977, s. 13(1)(a)(iii).
9 Clause (b) was substituted for the original by Mah, 6 of 1977, s. 13(2).
1965 : Mah. XLI] The Maharashtra Secondary and Higher Secondary 13
Education Boards Act, 1965
1[(c) * * * * *]
(d) to prescribe standard requirements in respect of staff, buildings, furniture, equipment,
stationery and other things required for secondary schools 2[and junior colleges];
3[(e) to prescribe any books as text -books, or to prepare or cause to be prepared any books
and prescribe them as text-books, for all standards including the final standard 4[of secondary and
higher secondary education];
(f) prescribe the general conditions governing admission of regular and private candidates to
the final examinations, and to specify the conditions regarding attendance and character, on the
fulfilment of which a candidate shall have a right to be admitted t o and to appear at any such
examination];
(g) to award certificates to candidates passing the final examination;
(h) to institute and award scholarships, stipends, medals, prizes and other rewards, and to
prescribe conditions therefor;
(i) to receive be quests, donations, endowments, trusts and other transfer of any property, or
interest therein, or right thereto;
(j) to hold any property, interest or right referred to in clause ( i) above, and to manage and
deal with the same;
(k) to demand and receive such fees as may be presc ribed, from secondary schools 5[and
junior colleges] recognised by the Divisional Boards;
(l) to call for special reports and information from the Director of Education or other
officers of the Education Department, and any information from any secondary school 6[or junior
college] recognised by a Divisional Board to ensure maintenance of ac ademic standards in
secondary 7[and higher secondary] education;
(m) to recommend measures to promote physical, moral and social welfare of st udents in
institution recognised by the Divisional Board, and to prescribe conditions of their residence and
discipline;
(n) to appoint officers and servants of the State Board (other than the Chairman, Secretary,
Joint Secretary or Assistant Secretary) i n its office and in the offices of the Divisional Boards,
and to regulate the terms and conditions of their service;
(o) to constitute provident fund for the benefit of the officers and servants of the State
Board;
8[(p) to approve the annual financial statements pertaining to the State Board and the
Divisional Boards and to recommend to the State Government for sanction, the annual budget];
(q) to inspect and supervise generally the working of the Divisional Boards and to inspect
periodically the accounts thereof;
(r) to conduct statistical and other research for the purpose of evaluation and reform of the
curricula, instruction and examination system;
9[(r-1) to conduct correspondence and other non -formal courses lea ding to final
examinations through variety of media including open school courses];
1 Clause (c) was deleted by Mah. 39 of 1971, s. 5(a).
2 These words were inserted by Mah. 6 of 1977, s. 13(3).
3 Clauses (e) and (f) were substituted by Mah. 39 of 1971, s. 5(b) and (c).
4 These words were inserted by Mah. 6 of 1977, s. 13(4).
5 These words were inserted by Mah. 6 of 1977, s. 13(5).
6 These words were inserted by Mah. 6 of 1977, s. 13(6).
7 These words were inserted by Mah. 6 of 1977, s. 13(6).
8 Clause (p) was substituted for the original by Mah. 6 of 1977, s. 13(7).
9 Clause (r-1) was inserted by Mah. 11 of 1986, s. 8.
14 The Maharashtra Secondary and Higher Secondary [1965 : Mah. XLI
Education Boards Act, 1965
(s) to appoint such Committees as it may think necessary for the efficient discharge of its
functions under this Act;
(t) to make regulations for the purpose of carrying into effect the provisions of this Act;
(u) to make by-laws relating to matters such as procedure to be followed by the State Board
and the Divisional Board, their Committees,
1[* * * * *] and any other matter solely concerning the State Board and Divisi onal Boards
and their Committees that are not provided for by this Act and the regulations made thereunder;
(v) to exercise such other powers and perform such other duties as may be conferred or
imposed on it by or under this Act;
(w) to do all such acts and things as may be necessary to carry out the purposes of this Act.
19. Powers and duties of a Divisional Board. — Subject to the provisions of this Act, the
powers and duties of a Divisional Board shall be as follows, namely :—
(a) to advice the State Board on matters of Divisional importance, either referred to it or on
its own initiative, for the purposes of implementation of recommendations by the State Board
regarding standard requirements in secondary schools 2[and junior colleges];
3[ * * * * * ]
4[ * * * * * ]
(d) to demand and receive such fees as may be prescribed for candidates admitted to the
final examination;
5[ * * * * * ]
(f) to conduct in the area of its jurisdiction the final examination on behalf of the State
Board;
(g) to appoint paper setters, translators, examiners, moderators, supervisors and other
necessary personnel for conducting the final examination in the area of its jurisdiction, for
evaluation of candidates’ performance and for com piling and release of results 6[in accordance
with such instructions as the State Board may from time to time issue].
(h) to admit candidates for the final examination according to the regulations made by the
State Board in this behalf;
(i) to open centres within its jurisdiction for the final examination conducted by it;
(j) to declare the results of the candidates appearing at the fina l examination conducted by it
7[on such date or dates as may be fixed by the Examinations Committee of the State Board];
(k) to forward a list of can didates according to merit to the State Board for the purpose of
award of scholarships, stipends, medals, prizes and other rewards;
(l) to deal with cases of use of unfair means according to the procedure laid down by the
State Board;
1 The words “compensatory allowance to be drawn by the members of the Boards and Committees” were deleted by Mah.
6 of 1977, s. 13(8).
2 These words were inserted by Mah. 6 of 1977, s. 14(a).
3 Clause (b) was deleted by Mah. 6 of 1977, s. 14(b).
4 Clause (c) was deleted by Mah. 39 of 1971, s. 6.
5 Clause (e) was deleted by Mah. 6 of 1977, s. 14(b).
6 These words were inserted by Mah. 6 of 1977, s. 14(c).
7 These words were inserted by Mah. 6 of 1977, s. 14(d).
1965 : Mah. XLI] The Maharashtra Secondary and Higher Secondary 15
Education Boards Act, 1965
(m) to generally ev aluate the performance of students in all exam inations in secondary
schools 1[and junior colleges] including the final examination and make necessary
recommendations to the State Board in that behalf;
(n) to grant recognition to secondary schools 2[and junior colleges] or withdraw the same in
the prescribed manner;
(o) to call for any informat ion from any secondary school 3[and junior colleges] recognised
by it to ensure maintenance of academic standard and to call for special reports and information
either on being referred to by the State Board or on its own initiative, from the Regional Deputy
Director of Education concerned on secondary schools 4[and junior colleges] recognised by it not
maintaining the required academic standard, to withdraw recogniti on granted by it, and to
recommend to the Directorate of Education or the Directorate of Technical Education, as the case
may be, withdrawal of recognition granted und er the Secondary Schools Code 5[or any other
administrative orders of the Education Department of the State Government] also, in cases of
poor academic results and grave academic irregularities;
(p) to forward with its remarks the recommendations of its Committees to the State Board
for necessary action;
(q) to require institutions recognised by it and the Education Department to extend their
co-operation in the conduct of the final examination 6[and to withdraw the privileges of the Board
from any institutions which fails to place at its disposal the facilities required to conduct final
examinations, after giving it a reasonable opportunity of showing cause why such order should
not be made];
7[(q-l) to conduct such correspondence and other non -formal courses leading to final
examinations as the State Board may specify under clause (r-1) of section 18;]
(r) to exercise such other powers as may be delegated to it by the State Board.
20. Powers and duties of Chairmen of Boards.— (1) It shall be the duty of the Chairman of the
State Board and of each Divisional Board to ensure that the provisions of this Act, and the regulations
and by-laws made thereunder are faithfully observed and he shall have all powers necessary for this
purpose.
(2) In an emergency which, in the opinion of the Chairman of the State Board or a Divisional
Board, requires that immediate action should be taken, the Chairman shall take such action as he deems
necessary and shall thereafter report his action to the Board at its next meeting.
(3) Each Chairman shall exercise such other powers and perform such other duties, as may be
prescribed.
21. Appointment, powers and duties of Secretaries, Joint and Assistant Secretaries. — (1)
The State Board and each Divisional Board shall have a Secretary, who shall be appointed by the State
Government.
(2) Each Secretary shall, subject to the control of the Chairman, be the Executive Officer of the
Board, and all other officers and servants for the time being serving under t he Board shall be
subordinate to him.
(3) The Secretary shall be entitled to be present at the meetings of the Board, but shall not be
entitled to vote.
1 These words were inserted by Mah. 6 of 1977, s. 14(e).
2 These words were inserted by Mah. 6 of 1977, s. 14(f).
3 These words were inserted by Mah. 6 of 1977, s. 14(g)(i).
4 These words were inserted by Mah. 6 of 1977, s. 14(g)(ii).
5 These words were inserted by Mah. 6 of 1977, s. 14(g)(iii).
6 These words were inserted by Mah. 6 of 1977, s. 14(h).
7 Clause (q-l) was inserted by Mah. 11 of 1986, s. 9.
16 The Maharashtra Secondary and Higher Secondary [1965 : Mah. XLI
Education Boards Act, 1965
(4) Each Secretary shall exercise such other powers and perform such other duties, as may be
prescribed.
(5) The State Government may appoint one or more Joint and Assistant Secretaries for the State
Board or a Divisional Board on the recommendation of the State Board and the Divisional Board
concerned (if any).
(6) A Joint Secretary and Assistant Secretary shall exercise such powers and perform such duties
of the Secretary as are, respectively, assigned to him by the Secretary under the general or special
orders of the Board.
(7) The Secretaries, Joint Secretaries and Assistant Secretaries appointed under this Act shall be
the servants of the State Government, and they shall draw their salaries and allowances from the
Consolidated Fund of the State. The sa laries and allowances and other conditions of service of these
officers shall be such as may be determined by the State Government.
22. Other officers and servants of the Boards. — (1) The State Board may appoint such other
officers and servants as it cons iders necessary for the efficient performance of its functions and the
functions of the Divisional Boards, under this Act.
(2) The salaries and Excerpt shown. Open the full act in Lexace.