The Meghalaya Board of Primary School Education Act, 1988, Act No.13 of 1988.

The 28th December, 1988 
No. LL(B) 88/88/59.- The following Act of the Meghalaya Legislative Assembly which 
received the assent of the Governor/President is hereby published for general information. 
MEGHALAYA ACT NO. 13 OF 1988 
THE MEGHALAYA BOARD OF PRIMARY SCHOOL EDUCATION ACT, 
1988 
 (As passed by the Assembly) 
[Received the Assent of the Governor on the 25th December, 1988] 
(Published in the Gazette of Meghalaya, Extra-ordinary, dated 28th December, 1988) 
An 
Act 
To provide for the establishment of a Board of Primary School Education to supervise, 
regulate and develop primary education in the State.  
Be it enacted in the Thirty-ninth Years of the Republic of India as follows:- 
Short title, extent and 
commencement  
 
 
 
 
Definitions  
1 
 
 
 
 
 
2 
(1) This Act may be called the Meghalaya Board of 
Primary School Education Act, 1988 
(2) It extends to the whole of the State of Meghalaya. 
(3) It shall come into force on such date as Government 
may by notification appoint.  
 
In this Act unless there is anything repugnant in the subject 
or context:- 
(a) ‘Board’ means the Meghalaya Board of Primary School 
Education constituted under Section 3; 
(b) ‘Chairman’ means the Chairman of the Board; 
(c) ‘Committee’ mean a Committee appointed by the Board 
under Section 13; 
(d) ‘Government’ means the Government of the State of 
Meghalaya; 
(e) ‘Fund’ means the Meghalaya Board of Primary School 
Education Fund constituted under Section 14; 
(f) ‘notification’ means a notification published by 
Government in the Official Gazette; 
(g) ‘Prescribed’ means prescribed by rules or regulations, as 
the case may be, made under this Act; 
(h) ‘Primary education’ means education imparted in a 
primary or junior basic school or its equivalent in the 
State; 
1
 
 
 
 
 
 
 
 
 
Constitution and 
incorporation of the 
Board  
 
 
 
 
 
 
 
 
Membership of the 
Board  
 
 
 
 
 
 
 
 
 
3 
 
 
 
 
 
 
 
 
 
 
4 
(i) ‘Primary School’ includes any school where primary 
education is imparted; 
(j) ‘regulation’ means regulation made by the Boards under 
this Act; 
(k) ‘rules’ means rules made by Government under this Act; 
(l) ‘Secretary’ means the Secretary of the Board, and  
(m) ‘section’ means a section of this Act. 
 
(1) Government shall as soon as may be after the 
compencement of this Act, establish by notification, a 
Board to be known as the Meghalaya Board of Primary 
School Education to supervise, regulate and develop 
primary education in the State in accordance with the 
provision of this Act. 
(2) The Board shall be a body corpor ate with perpetual 
succession and a common seal and shall by the said name 
sue and be sued. 
(3) The headquarters of the Board shall be at Shillong  
 
(1) The Board shall consist of the following members , 
namely- 
 
(i) Ex-officeo members: 
(i) The Director/Additional Directo r of Public Instruction 
(Primary Education) as its Chairman; 
(ii) The Director, State Council for Educational Research 
and Training; 
(iii)The District Inspectors of Schools; 
(iv) The Secretary of the Meghalaya Board of School 
Education; 
(v) The Secretary of the Board. 
(ii) Members to be nominated by Government: 
(vi) One officer from each of the Autonomous District 
Council; 
(vii) One Principal of a Basic Training Centre; and  
(viii) One representative from the recognised Primary 
School Teachers’ Association of each District. 
(2) The Board may, if it thinks necessary, co- opt. Two other 
members, one of whom is or has been a distinguished 
educationist and another from amongst the linguistic 
minority groups in the State.  
(3) The quorum for any meeting of the Board shall be six.  
(4) Subject to the provisions of sub- section (3) no act or 
proceeding of the Board shall be invalid only by reason of 
the existence of any vacancy in the membership thereof. 
 
 
2
Term of office of 
nominated members. 
 
 
 
 
 
 
 
 
 
Disqualification from 
membership  
 
 
 
 
 
 
 
 
 
 
 
 
 
Officers of the Board. 
 
 
 
 
 
 
Power and function of 
the Board. 
5 
 
 
 
 
 
 
 
 
 
 
6 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
7 
 
 
 
 
 
 
8 
(1) The members nominated by Government under clause 
(ii) of sub -section (1) or co -opted under sub- section (2) 
of Section 4 shall hold office for a term of  three years 
from the date of the nomination or, as the case may be, 
co-option and shall be eligible for re -nomination or re -
co-option. 
(2) Notwithstanding the expiration of their term of 
membership as referred to in sub -section (1) such 
members may continue t o hold office until fresh 
appointments are made in their places.  
 
(1) A person shall not be eligible to be or continue to be a 
member of the Board or any Committee if he- 
 
(a) Is of unsound mind. 
(b) Has been convicted by a court of low an offence 
involving moral turpitude.  
(2) If a nominated or co- opted member of the Board or of 
any committee appointed by it becomes subject to any 
of the disqualifications specified in sub -section (1) his 
membership shall thereupon cease.  
(3) Any question relating to the eligibility or otherwise of 
any person for membership in the Board or any 
committee shall be referred to Government whose 
decision shall be final.  
 
(1) The Chairman and the Secretary who is to be appointed 
by Government shall be the officers of the Board. 
(2) The Board may, subject to prior approval of 
Government, appoint such other officers and staff as it 
considers necessary for the discharged of its functions 
and on term and conditions as may be prescribed.  
 
Subject to any general or special order of the Government, 
the Board shall have the powers to supervise, regulate and 
develop primary education in the State and, in part 
 
(a) To prescribed courses of study and syllabi, including the 
use of mother tongue in Primary Schools; 
(b) To conduct examinations and declare the results, 
thereof; 
(c) To award certificates, prizes, scholarships and other 
incentives to the students; 
(d) To publish or select text or supplementary books for the 
primary schools; 
(e) To grant recognition of primary schools for various 
purposes; 
 
3
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Government to be kept 
informed of important 
matters. 
 
Power of the 
Government 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Powers and duties of 
the Chairman  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
9 
 
 
 
10 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
11 
(f) To advise Government on recognition and development 
and on other matters concerning primary education 
including matters relating to physical, moral and social 
welfare of all students; 
(g) To prescribed qualifications for teachers; 
(h) To receive and administer grants from Government and 
donations from private individual or associations;  
(i) To hold property, movable or immovable, and to 
dispose such property with prior approval of the 
Government; and 
(j) To do all such things as may be necessary for the 
purpose of this Act or the rules or regulations framed 
there under.  
 
In all important matters the Board shall keep Government 
informed of the action it proposes to take. 
 
 
(1) Government may call for reports or issue directions to 
the Board on any matter concerning Primary education 
and the Board shall comply with such direction. 
(2) Government may by order specifying the reasons 
thereof, suspend the execution of any resolution or order 
of the Board of prohibit the doing of any act if it is of 
the opinion that such resolution, order or act is beyond 
the power or the Board or is considered undesirable to 
be implemented. 
(3) Government may suspend or remove a member of the 
Board if it considers that his continuance as such 
member is detrimental to the interests of the Board. 
(4) Government may if it thinks fit by notification d issolve 
supersede or reconstitute the Board and until such 
reconstitutions the powers and functions of the Board 
shall be exercised by such person or authority as it may 
by notification specify.  
 
(1) The Chairman shall have all necessary powers over the 
administrative affairs of the Board and to ensure that its 
decisions are duly implemented. 
(2) When any emergency arises in the course of the 
administrative business of the Board and the Chairman 
is of the opinion that immediate action should be taken, 
and which action should have been with approval of the 
Board, the Chairman shall take such action as be deems 
necessary and report the action so taken to the Board at 
its next meeting. 
 
 
4
Powers and duties of 
the Secretary  
 
 
Appointment of 
Committee. 
 
 
 
 
 
 
 
 
 
 
 
 
Constitution of a Fund  
 
 
 
 
Custody of the Fund  
 
 
 
Audit of the accounts 
of the Board 
 
 
 
 
Powers and duties of 
the Secretary 
12 
 
 
 
13 
 
 
 
 
 
 
 
 
 
 
 
 
 
14 
 
 
 
 
15 
 
 
 
16 
 
 
 
 
 
17 
The Secretary shall be the principal administrative officer of 
the Board performing, subject to the control of the 
Chairman, such duties as may be entrusted by the Board. 
 
(1) The Board may appoint one or more of the following 
committees for such period as it may think necessary, 
namely- 
 
(a) Curriculum and syllabus Committee; 
(b) Examination Committee; 
(c) Academic Committee; and 
(d) Such other Committees as may be found necessary 
for purposes of the Board.  
 
(2) Each Committee shall consist of such members of the 
Board and of such other persons not exceeding two in 
number, as the Board may appoint. 
 
There shall be constituted fund to be called the Meghalaya 
Board of primary School education Fund into which all 
moneys received by or on behalf of the Board shall be 
credited into and expenses of the Board met from. 
 
All moneys at the credit of the Fund s hall be kept in 
Government Treasury or Banks as the Board may 
determine.  
 
The Accounts of the Board shall be audited by the 
Examiner of the Local Accounts of the Government and a 
copy of the audited accounts along with the audit report 
submitted by the Board to Government by such date as may 
be prescribed 
 
(1) Government may by notification make rules for 
carrying out the purposes of this Act. 
(2) In particular and without prejudice to the generality of 
the foregoing power such rules may provide for all or 
any of the following matters, namely- 
 
(a) The term and conditions of appointment of the 
members, the Secretary and other officers and staff 
of the Board; 
(b) The preparation and submission of budget and 
annual statements of accounts; 
(c) Submission of reports to Government; 
(d) Any other matter which required to be prescribed for 
by rules.  
 
5
Power to make 
regulations  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Amendment of 
Meghalaya Act 10 
of 1973 
18 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
19 
(1) The Board may, with previous approval of the Government, 
make regulations not inconsistent with the rules framed 
under Section 17 for carrying out the purposes of this Act. 
(2) In particular and without prejudice to the generality of the 
foregoing power, such regulations may provide for all or any 
of the following matters, namely- 
 
(a) The procedure for holding and conducting meetings of 
the Board and its committees; 
(b) Courses of study and syllabi for different stages of 
primary education; 
(c) The conduct of primary school examinations and 
conditions for admission of students to such 
examinations; 
(d) Fixing pass-marks for any subject and examination; 
(e) Appointment of question setters, examiners and their 
remuneration; 
(f) Conditions for recognition of primary schools by the 
Board; 
(g) Terms and conditions of appointment of members of the 
committees; 
(h) Provident funds for the offices and staff of the Board; 
(i) Delegation of powers or assignment of functions to 
committees; 
(j) Purposes for application of funds of the Board; 
(k) Custody of the Fund and operation of the accounts of the 
Board; and 
(l) Any other matter that is required to be prescribed for by 
regulations. 
 
In the Meghalaya Board of Schools Education Act 1973- 
i. In Section 2- 
(a) Clause (b) shall be deleted. 
(b) In clause (m) for the words “Primary Education” 
occurring therein the words “Post Primary 
Education” shall be substituted; 
ii. In Section 12- 
(a) In clause (i), the word “Primary” occurring therein 
shall be deleted; and 
(b) The proviso occurring at the end and below clause 
(xxv) shall be deleted. 
                                                                                           
 
                                                                                          E. W.MAIROM  
  Deputy Secretary to the Govt. Of Meghalaya,  
                                                                     Law (B) Department. 
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