LexThe Meghalaya Board of School Education Act, 1973, (Act 10 of 1973)
Meghalaya · state statute
Open in Lexace · Ask the AI about this actMEGHALAYA ACT 10 OF 1973
THE MEGHALAYA BOARD OF SCHOOL EDUCATION ACT, 1973.
(As passed by the Assembly)
(Received the assent of the Governor on the Seventeenth April, 1973)
[Published in the Gazette of Meghalaya, Extra-ordinary, dated the 21st April, 1973]
An
Act
to provide for the establishment of a Board of School Education to regulate, supervise and
develop School Education in Meghalaya.
Be it enacted by the Legislature of Meghalaya in the Twenty -third Year of the Republic of India
as follows:-
Short title and
commencement.
1. (1) This Act may be called the Meghalaya Board of School of Education
Act, 1973.
(2) It extends to the whole of Meghalaya.
(3) It shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint.
(4) From the date on which this Act comes into force, the Board of
Secondary Education, Assam, shall cease to exercise its
jurisdiction over the educational institutions in the State of
Meghalaya;
Provided that the Board of Secondary Education Assam, shall
continue to have the same jurisdiction as now exercised by it in the
State of Meghalaya over the High and Higher Secondary Schools till
such time as the State Government by a notification in the Official
Gazette, may appoint.
Definitions. 2. In this Act, unless there is anything repugnant in the subject or context, -
(a) “Board” means the Meghalaya Board of School Education established under
this Act;
(b) 1*“Executive Chairman” means the Executive Chairman of the Board
.
(c) “College” means any college or institution situated in Meghalaya and
maintained or admitted to the privileges by the University ;
1 Subs by Amendment Act is 5 of 2006, Sec 2. Earlier the words read as “Chairman” means the Chairman of the Board.”
(d) “Education Department” means the Department of Education of the
Government of Meghalaya;
(e) “Fund” means the Meghalaya Board of School Education Fund
constituted under this Act;
(f) “High School” means a school or department of a school giving
instruction in School Education and preparing students for the
Matriculation or High School Leaving Certificate Examination;
(g) “Higher Secondary School” means a school or department of a school
giving instruction in School Education and preparing students for Higher
Secondary School Leaving Certificate Examination;
(h) “Primary Education” means education imparted in a Primary or Junior
Basic School or its equivalent;
(i) “Professional and Vocational Schools” means a school or institution
imparting technical education and vocational ins truction upto the diploma
level;
(j) “recognised” means recognised by the Board for the purpose of
admission to the privileges of the Board or, prior to recognition by the
Board or, prior to recognition by the Board, by any University established
by law in India or by any Board recognised by the State Government;
(k) “regulation” means a regulation made by the Board under this Act;
(l) “rule” means a rule made by the State Government under this Act;
(m) “School Education” means such Education as is designed to meet the
needs of the stage of Primary Education and precedes immediately the
stage of Degree Education (including Pre- University) controlled by any
University established by law in India, or by a Board constituted by
Government for this purpose and it includes technical education and
vocational instruction upto the diploma level and Education in Higher
Secondary Schools ;
(n) [i] *1“Principal Director” means Principal Director of the Board
;
1Subs by Amendment Act No. 5 of 2006, Sec 2. Earlier the word read as “Secretary” means “Secretary of the Board.”
(n) *1(ii) Director Administrative Wing, means the Director in -charge
Administrative Wing of the Board
Incorporation of the
Board.
;
(n) (iii) Director Accreditation & Controller of Examination means the Director
in-charge Accreditation and Controller of Examinations of the Board.
(n) (iv) “Director, (Regional) Shillong Office” means the Director in -charge
(Regional) Shillong MBOSE Office of the Board.
(n) (v) “Chief Accounts Of ficer” means the Chief Accounts Officer in -charge
Finance Wing of the Board;
(n) (vi) “Chief Academic Officer” means the Chief Academic Officer in -charge
of the Academic Wing of the Board;
(o) “University” means the University exercising “jurisdiction” in Meghalaya.
(p) “Regional Shillong MBOSE Office” means the Regional Office of the Board
at Shillong.
3. (1) The State Government shall, as soon as may be after the commencement
of this Act, establish by notification, Board for regulation, supervision and
development of School Education in accordance with the provisions of this Act.
(2) The Board shall, by the name of Meghalaya Board of School Education
be a body corporate with perpetual succession and a common seal, and shall
have the power to acquire and hold any property, to transfer any property held
by it, to enter into any contract and to do all other things necessary for the
purpose of carrying out its duties and functions, and shall by the said name sued
or be sued.
1 Subs by Amendment Act No.5 of 2006 Sec 2
*1“Headquarter 3A 3A. “” The Headquarter of the Board shall be located at Tura
Constitution of the Board.
”.
2*4.
(i)
The Board shall consist of the following members, namely:-
The Executive Chairman to be appointed by the State Government from
amongst Academicians/Educationists of reputed or seniority Civil Service
Officer, with adequate experience and proven ability in administration
.
(ii)
Principal Director to be appointed by the Government Ex -Officio
Members;
(iii)
Principal Secretary/Commissioner & Secretary, Government of Meghalaya,
Education Department, Meghalaya.
(iv)
Principal Secretary/Commissioner & Secretary, Finance Department,
Meghalaya.
(v)
Director of Higher & Technical Education, Meghalaya.
(vi)
Director Educational Research & Training, Meghalaya.
(vii)
One Representation of North Eastern Hills University who should be
reputed and experienced academician.
(viii) Members to be nominated by the Government
(a)
:
(b)
One Principal of a Higher Secondary School.
(c)
One Principal of a College which provides +2 level of Education.
(d)
Two Head Masters /Head Mistresses of Secondary Schools.
1 Inserted by Amendment Act No.5 of 2006 Sec 4
2 Inserted by Amendment Act No.5 of 2006 Sec 5 Earlier the words read as Ex-Officio Members –
i. Secretary to the Government of Meghalaya, Education Department as Chairman;
Explanation:-The term “Secretary” includes the Additional Secretary, the Commissioner and Secretary and the Principal Secretary;
ii.Director of Higher Technical Education, Meghalaya.
iii. Director of Elementary and Mass Education, Meghalaya;
iv..Director of Educational Research and Training, Meghalaya;
v. Director of Industries, Meghalaya.
vi. Director of Agriculture, Meghalaya.
vii. Director of Health Services, Meghalaya. .
viii. One representative from North East Khasi Hill University;
ix. Secretary of the Board to be appointed by Government.
Members to be nominated by Government:-
x. a Principal of one of the Teachers’ Training Institute;
xi. a Headmaster of one of the Upper Primary Schools;
xii. a Headmaster of one of the Secondary Schools;
xiii. a Principal of one of the Higher Secondary Schools;
xiv .a Principal of one of the Degree College;
xv. one of the Inspectors of Schools;
xvi. five teachers drawn from Colleges, Higher Secondary, Secondary, Upper Primary and Primary School of whom at least two are women; and
xvii. two distinguished educationists.
Four Teachers one each from Arts, Science, Commerce and Vocational
Education Streams, of which two teachers shall be drawn from
Secondary School, one from Higher Secondary Schools, and one from
College which provides + 2 level education provided that at le ast two of
the four teachers, thus nominated, are women.
(e)
Two persons from amongst distinguished Educationists or Social
Workers, one of whom shall be a woman.
(ix) *1Co-opted member: - The Board shall have the power to co -opt not
more than one member from amongst distinguished/Academicians and
Educationists
”
Publication of names of
members of the Board.
5. The names of the persons nominated or co -opted as members of the Board
shall be published by notification by the State Government.
Term of office of members 6. Term of office of member:-
i. Nominated members shall hold office for a term of three years from the
date of the notification published under section 5 and the term of office of the
co-opted members shall terminate on the same date as that of the nominated
members :
Provided that the State Government may, by notification, extend the
term of office of all such members by a period not exceeding one year.
ii. Notwithstanding the expiry of the term of three years specified in claus e
(i), the term of office of the outgoing members shall be deemed to extend to
the date on which the names of the newly nominated members are published
under section 5.
Disqualification for
membership.
7. (1) A person shall not be eligible for nomination or co -option as a member
of the Board or of the Committees formed by it , if he –
(a) has been adjudged by a court of law to be of unsound mind ;
(b) has been convicted by a court of law for an offence which is
declared by the State Government to be an offence involving moral
turpitude as provided in the rules.
(2) If a nominated or co-opted member of the Board or of any Committee
formed by it becomes subject to any of the disqualifications specified in sub -
section (1) his membership shall thereupon cease.
(3) All disputes relating to the eligibility of any person for nomination or
co-option shall be referred to the State Government whose decision on such
matters shall be final.
1 Subs by Amendment Act No.5 of 2006, Sec 5. Earlier the words read as “Board shall have the power to co-opt not more than
two members from among distinguished educationists.”
Resignation of members and
casual vacancy etc.
8. (1) A member of the Board, other than an ex -officio member, may resign
his seat by giving notice thereof in writing to the Chairman, and such
member shall be deemed to have vacated his seat from the date o f acceptance
of his resignation by the Chairman.
(2) The State Government may, by notification, remove any nominated or
co-opted member who remains absent from three consecutive meetings of the
Board without the leave of the Board.
(3) In the event of a casual vacancy occurring by resignation, removal,
death or disqualification of a member, such vacancy shall be filled by
nomination or co -option, as the case may be, in the manner provided in
section 4.
(4) Any person nominated or co -opted to till a casual vacancy shall hold
office for the unexpired portion of the term of office of the member in whose
place he is nominated or co-opted.
Meetings of the Board. *1“9. (1) (i) Ordinary Meetings: The Board shall meet at least once every
three months or more frequently, if necessary.
(ii)
Special Meetings: The Executive Chairman may, at any time, and
shall upon the requisition made by not less than one -third of the members of
the Board and on a date, not more than twenty one da ys of the receipt of such
requisition, call a Special Meeting of the Board.
(iii)
Convener of the Board’s Meeting: The Principal Director shall
service the Board and act as the Convener of its meetings.
(2)
Quorum: proceedings not
invalidated by reason of
vacancies.
Twenty one days Notice shall be given for Ordinary Meetings of the
Board and seven days notice for special Meetings”.
10. (1) The quorum for every meeting of the Board shall be seven.
(2) Subject to the provisions con tained in subjection (1) no act or
proceedings of the Board shall be invalid merely by reason of the existence
of any vacancy among the members of the Board.
1 Subs. By Amendment Act No. 5 of 2006, sec 6. Earlier the words read as 9. (1) (i) Ordinary Meetings : - The Board shall meet not less than four
times a year but 3 months shall not intervene between two successive meetings.
(ii) Special Meetings: - The Chairman or the Secretary may, at any time, and shall upon the requisition made by not less than one -third
members of the Board other than the ex -officio members, and on a date not more than twenty -one days or the receipt of such requisition, call a
special meeting of the Board.
(2) Twenty-one days’ notice shall be given for ordinary meetings of the Board and seven days’ notice for special meetings.
Officers of the Board 1*11.(1)
(i)
The following shall be the Officers of the Board who shall be appointed by
the Government namely:-
(ii)
The Executive Chairman.
(iii)
The Principal Director.
(iv)
The Director Administration,
(v)
The Director Accreditation and Controller of Examinations.
(vi)
The Director Regional Shillong MBOSE Office,
(vii)
The Chief Accounts, Officer,
(2)
The Chief Academic Officer,
Powers and
duties of the Board
The Board may appoint such other Officers and employees as it considers
necessary for efficient discharge of its functions, under this Act on such terms and
conditions as may be determined by regulations”.
12. Subject to any general or special order of the State Government, the provisions of
this Act, and any rules made there under, the Board shall have generally the power to
regulate, supervise and control School Education, and in parti cular the powers and
duties mentioned below:-
(i) to prescribe courses of instruction for Primary, High and Higher Secondary
Schools and Professional or Vocational Schools ;
(ii) to conduct and supervise examinations based on such courses or to cause to
conduct and supervise such examination;
(iii) to admit to its examinations on conditions, that may be prescribed by regulations,
candidates who have pursued the prescribed courses of instruction and also to take
such disciplinary action against candidates as may be p rescribed by regulations;
(iv) to demand and receive such fees as may be prescribed by regulations ;
(v) to publish the results of its examinations:-
(vi) to grant certificates to students passing the examinations ;
(viii) to institute and award scholarships prizes, etc;
(viii) to prepare, publish and select text book and supplementary books or to cause to
prepare publish and select such books ;
1 Subs by Amendment 5 of 2006 , Sec.7 Earlier the words read as: 11. (1) The following shall be the officers of the Board, namely:-
(i) the Chairman, and
(ii) the Secretary.
(2) The Board may appoint such other officers and employees as it considers necessary for efficient discharge of its functions under this Act on
such terms and conditions as may be determined by regulations.
(xxii) to delegate any of its powers to any Committee constituted under this Act ;
(xxiii) to administer the Meghalaya Board of School Education Fund ;
(xxiv) top receive, purchase and hold any property, movable or immovable,
which may become vested in it, and to dispose of all or any of the property, movable
or immo vable belonging to it, and also do all other acts incidental or appertaining
thereto ;
(xv) to do such acts and things as may be necessary to carry out the purposes of
this Act ;
Provisions that the power of the Board shall not exte nd to the Primary Schools
established, constructed or managed by the District Councils, unless the State
Government, after consultation with the District Council concerned by notification
empowers the Board to exercise the powers aforesaid in respect of th e Primary
Schools mentioned above.
Powers of the State
Government.
13. Notwithstanding anything contained in this Act –
(1) The State Government shall have the right to address the Board with reference to
anything conducted or done by the Board and to communicate its views on any matter
with which the board is concerned.
(2) The Board shall report to the State Government such action, if any, as it proposes
to take or has taken upon the communication of the State Government.
(3) The State Government may, * 1……………………………………,
issue such
directions consistent with the provisions of this Act, as it may think fir, and the Board
shall comply with such directions.
(4) The State Government may, by order in writing specifying the reasons thereof,
suspend the execution of any resolution or order of the Board, and prohibit the doing
of an act ordered to be done by the Board, if the S tate Government is of the opinion
that such resolution, order or act is in excess of the power conferred upon the Board
by or under this Act.
1 Deleted by Amendment Act No.5 of 2006, Section 8. Earlier the word read as “after consultation with the Board.”
(5) The State Government may, after consultation with Board, suspend or remove
a member whose continuance a s a member of the Board is considered to be
detrimental to the interests of the Board.
Constitution of a Fund. 14. A fund to be called the Meghalaya Board School Education Fund, shall be
constituted and sums received by, or on behalf of, the Board under this Act shall be
placed to the credit thereof.
Custody and
investment of the Fund.
15. All moneys at the cred it of the Fund shall be kept in the Government Treasury
or the Bank of India or the Meghalaya Co -operative Bank, Ltd., as the Board may
determine.
Application of the
Fund.
16. Subject to the provisions of this Act, the Fund shall be applicable only to t he
payment of the charges and expenses incidental to matters specified in this Act.
Audit of the Account of
the Board.
17. The accounts of the Board shall be audited only by such agency as may be
specified by the State Government and a copy of the audited accounts shall be
submitted by the Board to the State Government by such date each year as the
State Government may specify.
Powers and Duties of
an Executive Chairman
*118.
(2)
(1) The Executive Chairman shall be the Chief Executive Officer of the
Board.
It shall be the duty of the Executive Chairman to see that th e provisions
of this Act and Regulations made under it are faithfully observed and the
decisions of the Board are duly implemented and he shall have all powers
necessary for this purpose.
(3)
The Executive Chairman shall have powers to convene meetings of the
Board.
(4)
When any emergency arising out of the administrat ive business of the
Board requires, in the opinion of the Executive Chairman, that immediate
action should be taken, the Executive Chairman shall take such action as
he deemed necessary and report his action as he deemed necessary and
report his action the Board as its next meeting.
(5) The Executive Chairman shall exercise all other powers as may be
prescribed by Regulations
.
1 Subs by Amendment Act No.5 of 2006, Sec 9 earlier the words read as:
Powers and duties of
Chairman
18. (1) It shall be the duty of the Chairman to see that the provision of this Act and the regulations made
under it are faithfully observed, and the decisions of the Board are duly implemented and he shall have all
powers necessary for this purpose.
(2) The Chairman shall have power to convene meetings of the Board.
(3) When any emergency arising out of administrative business of the Board requires in the opinion of the
Chairman, that immediate action should be taken, the Chairman shall take such action as he deems necessary
and report his action to the Board at its next meeting.
(4) The Chairman shall exercise such other powers as may be prescribed by regulations.
“Powers and D uties of
the Officers of the
Board”.
*119.The Principal Director, Administration, the Director Accreditation and
Controller of Examinations, the Director Regional Shillong MBOSE Office,
Shillong, the Chief Accounts Officer, the Chief Academic Officer, shall , subject
to the control of the Executive Chairman, perform such duties as may be
prescribed by the Regulations
Powers and duties of
other officer.
.
20. Other officers will have such powers and duties as may e prescribed by
regulations.
“Committee of the
Board”.
*221.(1) The Board shall , for the purpose of carrying out its duties and functions
imposed under this Act, appointed the following Committees namely;
(i) Executive Committee, (ii) Academic Committee, (iii) Examination Committee,
(iv) General Education Committee, (v) Professional and Vocational Committee
and (vi) such other Committees as may be found necessary
*
.
3 (2) Every such Committee shall consist of such members of the Board and of
such persons as the Board and of such persons as the Board may appoint.
(i)
Provided that Executive Committee of the Board shall consist of the following
members namely:
(ii)
The Executive Chairman
(iii)
The Principal Director;
(iv)
A representative of the State Education Department not below the rank of a
Secretary.
A representative of the State Finance Department not below the rank of a
Secretary
.
1 Subs by Amendment Act No. 5 of 2006, Sec 10 earlier the words read as:
Powers and duties of the
Secretary.
19. The Secretary of the Board shall be the principal administrative, officer and
shall, subject to the control of the Chairman, perform such duties as may be
prescribed by regulations.
2 Subs by Amendment Act No. 5 of 2006, Sec 11 earlier the words read as:
Committee of the Board. 21.(1) The Board may, for the purposes of carrying out its duties and functions
imposed under this Act, appoint the following Committees, namely:-
(i) Curriculum and Syllabus Committee,
(ii) Examination Committee,
3 Subs by Amendment Act No. 5 of 2006, Sec 11 earlier the words read as:
(iii) General Education Committee,
(iv) Professional and Vocational Education Committee, and
(v) such other Committee as may be found necessary.
(2) Every such Committee shall consist of such members of the Board and of such other persons as the Board may appoint.
(3) Every such Committee, except the Examination Committee, may co-opt persons to be members to the extent of one-third of the members
appointed to it.
(4) Members of such Committees shall hold office for such time as the Board may determine.
(5) Subject to the provisions of this Act and three rules made there under the duties and functions of the Committees shall be determined by
regulations.
(v) The Director of Higher and Technical Education, Meghalaya.
(vi) The Director of Educational Research and Training, Meghalaya.
(vii) Two members to be nominated by the Executive Chairman from amongst
Heads of Educational Institutions which provides +2 level of Education or
Higher Se condary or Secondary Education one of which is a woman;
Provided further that any or all of the Heads of the four Wings of the
Board at Tura and the Regional, Shillong MBOSE Office Shillong may be
invited to the meeting(s) of the Executive Committ ee, at the direction of the
Executive Chairman”.
Exercise of Powers
delegated by the Board
to Committees
22. All matters relating to exercise of powers conferred upon the Board by this Act
which are by regulations delegated to any Committee appointed under section 21
shall stand referred to that Committee, and the Board before exercising such
powers shall receive and consider the report or recommendation of the Committee
with respect to the matter in question.
Power of the Board to
make regulations.
23. (1) The Board may make regulations for the purpose of carrying out the
provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing
powers the Board may make regulations providing for all or any of the following
matters, namely:-
(i) The constitution, powers and duties of Committees appointed under section 21;
(ii) courses of study to be laid down for different examinations;
(iii) marks required for passing in any subject and the examination as a whole, and
for credit and distinction in any subject ;
(iv) qualifications, appointment and remuneration of examiners, paper -setters and
others;
(v) conducting examinations and publishing the results ;
(vi) conditions of recognition of Schools ;
(vii) conditions under which candidates shall be admitted to the examinations of the
Board;
(viii) disciplinary measures for malpractices in examinations ;
(ix) fixing of fees and charges in respect of examinations ;
(x) provident fund, etc., for the benefit of the employees of the Board ;
(xi) rate of travelling and daily allowances to the non -official members of the Board
or Committees ;
(xii) delegation of powers or assignments of functions to Committees formed under
this Act, and
(xiii) all matters which, by this Act, are to be or may be provided for by regulations;
Provided that all regulations, alterations and revocations thereof shall be
subject to approval by the State Government and shall be published in the Official
Gazette.
Board to furnish
reports, returns, etc., to
the State Government.
24. The Board shall further to the State Government such reports, returns and
statements and such other information relating to any matter under the control of
the board as the State Government may require.
Powers of the State
Government to
reconstitute the Boards.
25. If in the opinion of the State Government, the Board has shown its
incompetence to perform , or persistently made default in the performance of the
duties imposed, or exceeded or abuse the powers conferred upon it by or under this
Act; the State Government shall formulate in writing specific charges against the
Board in respect of those matters and shall forward a copy of such charges to the
Board with direction to submit any comments or explanations in respect thereof to
the State Government within such period as may be specified in this behalf. After
the consideration of the comments or explanations of the Board, the State
Government may, if it thinks fit, by notification supersede the Board and thereafter
reconstitute the Board in accordance with the provision in section 4 and in every
such case, the State Government shall, as soon as may be, lay before the State
Legislature a copy of the said notification together with the statement of the
reasons which led such reconstitution.
Vesting of powers till
the reconstitution of the
Board.
26. Until the Board is reconstituted after supersession under section 25, the duties
and powers of the Board shall be performed and exercised by, and the property of
the Board shall vest in, such person or authority as the State Government may
specify by notification.
Powers of State
Government to make
rules.
*127. (1) The State Government may make rules for carrying out of purpose of this
Act
Repeal of Assam Act 25
of 1961 and the
Meghalaya Secondary
Education Act.
.
(2) Notwithstanding anything contained under Section 27 (1) the State
Government may make rules for performance of Examination related duties by all
persons appointed by the Board to perform such duties and functions”.
28. As on the date on which this Act comes into force the Assam Secondary
Education Act, 1961 in its application to the State of Meghalaya and the
Meghalaya Secondary Education Act shall stand repealed.
1 Subs by Amendment Act No. 5 of 2006, Sec 12 earlier the words read as:”The State Government may make rules for carrying out the purposes
of this Act.”
THE UNDERLINED TEXT INDICATES THE INSERTION/SUBSTITUTION OF THE SUBSEQUENT
AMENDMENTS TO THE MEGHALAYA BOARD OF SCHOOL EDUCATION ACT, 1973. (ACT NO. 10
OF 1973), AMENDED AND UPDATED UPTO THE YEAR OF ACT 5 OF 2006.