The Mizoram Board of School Education (Amendment) Act, 2014

The Mizoram GazetteEXTRA ORDINARY
Published by Authority
RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008
VOL - XLIII     Aizawl,    Tuesday  22.7.2014     Asadha   31,     S.E.  1936,    Issue No. 374
NOTIFICA TION
No.H. 12018/118/2003-LJD, the 17 th  July, 2014 . The following Act is hereby published for general
information.
The Mizoram Board of School Education (Amendment) Act, 2014
(Act No. 3 of 2014)
{Received the assent of the Governor of Mizoram on the 11th July, 2014}
Zahmingthanga Ralte,
Deputy Secretary to the Govt. of Mizoram.
ACT 3 OF 2014
THE MIZORAM BOARD OF SCHOOL EDUCA TION (AMENDMENT) ACT, 2014
AN
ACT
to amend the Mizoram Board of School Education Act, 1975
It is enacted by the Legislative Assembly of Mizoram in the sixty fifth year of the Republic of India
as follows :
Short title, Extent 1 (1) This Act may be called the Mizoram Board of School Education
and Commencement (Amendment) Act, 2014.
(2) It shall extent to the whole of the State of Mizoram.
(3) It shall come into force on such date as the Government may, by
Notification in the Official Gazette, appoint.
Amendment of 2 In the Mizoram Board of School Education Act, 1975 (Act No.2 of
Section 1 1976) as amended from time to time (hereinafter referred to as the
Principal Act), in sub-section 1,
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(1) Section (2) along with the provison shall be substituted by the
following, namely :-
“(2) It extends to the whole of the State of Mizoram. Provided that
the provisions of this Act relating to the education in the secondary
and higher secondary stages shall not be applicable to any institution
which affiliates itself to the Council for the Indian School Certificate
Examination or the Central Board of Secondary Education so
permitted under section 11 of this Act.”
(2) Sub-section (4) of section 1 along with the proviso shall be deleted.
Amendment of 3 Section 2 of the Principal Act shall be substituted by the following, namely -
Section 2 “2. In this Act, unless the context otherwise requires,
(a) “Affiliated” means affiliated by the Board for the admission of
privilege of the Board.
(b) “Affiliation” means affiliation of schools by the Board;
(c) “Board” means the Mizoram Board of School Education established
under this Act;
(d) “Central Rules” means the Central Civil Services (Classification,
Control and Appeal) Rules, 1965, the Central Civil Services(Conduct)
Rules, 1972, the Central Civil Services (Temporary Service) Rules,
1965 and the Fundamental Rules of the Subsidiary Rules and such
other Rules of the Central and the State Government, as may be
applicable to the employees of the Government of Mizoram;
(e) “Centre Superintendent” means a person appointed by the Board to
conduct and supervise examinations of the Board and includes
Assistant Superintendent;
(f) “Chairman” means the Chairman of the Board;
(g) “Committee or sub-committee” means any Committee or Sub-
committee constituted under this Act or in accordance with any rules,
regulations or bye-laws made thereunder;
(h) “Controller of Examinations” means an officer so designated under
the Board;
(i) “Controlling Authority” means any authority designated as the
Controlling Authority of the Board by the Government under sub-
section(2) of section 3;
(j) “Director (Academic)” means an officer so designated under the Board;
(k) “Director of School Education” means the Director of School
Education and shall include any other officer authorized by him to
perform all or any of the functions of the Director;
(1) “District Council” means an Autonomous District Council established
by law within Mizoram;
(m) “Education Department” means the School Education Department
of the Government;
(n)    “Employee” means an employee working under the Board;
(o) “Examination” means an examination conducted by the Board;
(p) “Funds” means the Mizoram Board of School Education funds
constituted under this Act;
(q)    “Government” means the State Government of Mizoram.
(r) “High School” means a school where general education is imparted
t o t h e s t u d e n t s o f C l a s s e s I X a n d X a n d p r e p a r e s s t u d e n t s f o r
Matriculation or High School Leaving Certificate Examination of
the Board held at the end of Class X;
(s) “Higher Secondary School” means a school where general,
professional or vocational education is imparted to the students of
Class XI and XII and prepares students, for Higher Secondary School
Leaving Certificate Examination of the Board held at the end of
Class XII;
(t)    “Institution” means any High School or Higher Secondary School and
it shall include the District Institute of Education and Training in the
State of Mizoram;
(u)    “Invigilator” means a person who assists the Centre Superintendent
in conducting and supervising the examination at an examination
Centre;
(v) “Managing Committee” means a duly constituted Managing
Committee and recognized by the Board or Government;
(w) “Notification” means a notification published in the Official Gazette
of Mizoram;
(x) “Prescribed” means prescribed by rules or regulations made under
this Act;
(y) “Professional or V ocational School” means a school or an institution
imparting technical or trade or craft education and vocational
education;
(z) “Regulations” means regulations made by the Board under this Act;
(za) “Rules” means rules made under section 30 of this Act;
(zb) “School Education” means education imparted to the students in the
High Schools and Higher Secondary Schools in the State of Mizoram;
(zc) “Secretary” means the Secretary of the Board;
(zd) “State” means the State of Mizoram;
(ze) “University” means the Mizoram University.”
Amendment of 4 Section 4 of the Principal Act shall be substituted by the following, namely :-
Section 4 “4.( 1) The Board shall consists of the following members namely
(a) The Chairman Chairman
(b) The Secretary Member Secretary
(c) The Director of Higher and Technical Ex-officio Member
Education
(d) The Director of School Education Ex-officio Member
(e) The Director of SCERT Ex-officio Member
(f) The Director of Sports & Youth Services Ex-officio Member
(g) One Principal of a Govt.College to be Ex-officio Member
nominated by the Controlling Authority
(h)    The Principal, Institute of Advanced Ex-officio Member
Studies in Education
(i) One of the Principals of the District Ex-officio Member
Institute of Education & Training in
Mizoram to be nominated by the
Director of SCERT
(j) One of the District Education Officers in Ex-officio Member
the State to be nominated by the Director
of School Education
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(k)    Registrar, Mizoram University Ex-officio Member
(1)    Members to be nominated by the Controlling Authority:
(i) One member of the Mizoram Legislative Assembly on the
recommendation of the Speaker of the Legislative Assembly;
(ii) One Principal of Higher Secondary School;
(iii) One Headmaster of High School; and
(iv) One lady educationist.
(2) The Director (Academic) and the Controller of Examinations shall be entitled
to attend and speak at any meeting of the Board but shall not be entitled to
vote there at.
(3) The Board shall have power to co-opt not more than two from amongst the
distinguished or eminent educationists.
(4) The Board as constituted in sub-section (1), except the co-opted members
in sub-section (3), shall function as Governing Body of the Board.
(5) If by such date as may be prescribed, any of the concerned authorities fail
to nominate member or members as provided in sub-section (1), the
Chairman shall have power to appoint such member or members:
Provided that in the case of the Legislative Assembly, if the said Assembly
has been dissolved, the Controlling Authority shall appoint a suitable person
to be a member to hold office until the said Assembly is reconstituted and
regular representative is recommended and a person appointed under this
sub-section shall be deemed to be a member of the Board.
Amendment of 5. In section 9 of the Principal Act,   sub-section (l)(i) shall be substituted by
Section 9 the following, namely -
“(l)(i) The Board shall meet at least once a year and may be convened to
meet more than once in the year.
Amendment of 6. Section 11 of the Principal Act shall be substituted by the following, namely -
Section 11 “11. The Board shall have, subject to any general or special order of the
Government, the provision of this Act and any rules made thereunder, the
power to regulate, supervise and control school education in Mizoram, and
in particular the Board shall have the following powers and duties namely -
(i) to prescribe courses of instruction including practice teaching,
practical work and the like, where necessary, for High Schools, Higher
Secondary Schools, the District Institutes of Education and Training
and Professional and V ocational Schools;
(ii) to conduct and supervise examinations based on such courses
mentioned in (i) above and to conduct and supervise such other
examinations as may be decided by the Board from time to time;
(iii) to admit to its examination on conditions that may be prescribed by
regulations, candidates, who have pursued the prescribed courses of
instruction whether at a school or privately, who may be eligible as
per regulations, framed under this Act and also to take such disciplinary
action against candidates as may be prescribed by regulations;
(iv) to register students and issue them Registration Cards on payment
to the Board of such fees as may be prescribed;
(v)    to demand and receive such fees as may be prescribed by regulations;
(vi)   to publish the results of its examinations;
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(vii) to grant certificates to person who:
(a) have pursued and passed a course of study in an institution
admitted to the privilege of affiliation by the Board;
OR
(b) are teacher in affiliated schools in Mizoram and have passed
the examinations of the Board
OR
(c) have studied privately under conditions laid down by the Board
and have passed the examinations of the Board;
(viii) to institute and award scholarships, prizes and the like;
(ix) to prescribe, prepare, publish and select text books and supplementary
books or to cause to prepare or publish selected text books for any
or all of its prescribed courses for its various examination;
(x) to lay down conditions for affiliation of schools which are preparing
candidates for various school courses and such other courses
including District Institute of Education and Training as may be
prescribed by regulations;
(xi) to affiliate High Schools, Higher Secondary Schools, and District
Institute of Education and Training in Mizoram and to withdraw such
affiliation on grounds considered reasonable by the Board subject to
the provision of the regulations made under this Act;
(xii) to issue permission, in the form of a no-objection certificate, to any
educational institutions, in Mizoram, desirous of seeking affiliation to
any other Board or Council other than Mizoram Board of School
Education;
(xiii) to take such disciplinary action as it thinks fit against institutions as
prescribed by regulations;
(xiv) to adopt measures for study and examinations of problems in the
field of school education and teacher’s training and professional and
vocational schools;
(xv) to advise government on physical, moral and social welfare of students
in affiliated institutions and to prescribe conditions for their residence
and discipline;
(xvi) to organize seminars, trainings, workshops and provide in-service
teacher training courses;
(xvii) to receive grants from the Government and donations from private
individuals and other Non-Government or Semi-Government Bodies
or Central Government for specific or general purposes;
(xviii) to seek for report from the Director of School Education on the
conditions of affiliated institutions or other institutions applying for
affiliation;
(xix) to advise Government on re-organisation and development of school
education, pre-service and in-service teacher training courses under
the District Institutes of Education and Training and Professional or
V ocational School courses;
(xx) to advise the Government relating to any matter within the provisions
of this Act on which the Government may consult the Board;
(xxi) to appoint officers and other employees of the Board except the
Chairman and the Secretary who shall be appointed by the
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Government and prescribe, by regulations, the terms and conditions
of their service;
(xxii) to take such disciplinary actions as it thinks fit against the officers
and employees of the Board as may be prescribed;
(xxiii) to enter into agreement with any financial institution or any scheduled
bank to enable its officers and employees enjoy the facility of house
building and other advances.
(xxiv) to institute by regulations for the benefits of its officers and other
employees such as pension, gratuity and provident fund as it may
deem fit, in such manner, and subject to such conditions, as may be
prescribed by regulations;
(xxv) to delegate all or any of its powers to any Committee or Sub-
Committee constituted under this Act, and to any of its officers;
(xxvi) to administer the funds;
(xxvii)to cause an inspection, to be made by such person or persons as the
Board may nominate, of non-affiliated institutions applying for
affiliation as also of any of its affiliated institutions if and as considered
necessary;
(xxviii) to invest surplus funds of the Board in Government securities or
Defence Bonds or in fixed deposits in approved Scheduled Banks or
Reserve Bank;
(xxix) to receive, purchase and hold any property moveable or immoveable
which may become vested in it, and to dispose of all or any of the
property, moveable or immoveable belonging to it, and also do all
other acts incidental or appertaining thereto;
(xxx) to do all such acts and things as may be necessary in order to further
the objects of the Board as a body established to regulate, supervise
and maintain the standard of school education, professional or
vocational schools and District Institutes of Education and Training;
(xxxi) to issue order to all heads of its affiliated institutions and demand
compliance thereof to render such cooperation and help as may be
asked for by a Centre Superintendent in conducting Board’s
Examinations.
(xxxii)to cause an assessment of insitutions and to give accreditation
accordingly,
(xxxiii) to set up or close Regional Office or offices and delegate by
regulations functions and powers to such office or offices for better
and easier conduct of the Board’s work within the region covered
by it”.
Amendment of 7 The first proviso to sub-section (1) of section 15 of the Principal Act shall
Section 15 be substituted by the following, namely -
“Provided that the person to be appointed as Chairman shall be atleast a
Master Degree holder from a recognised University and must have at
least twenty years of experience in the field of education out of which at
least 5 years shall be in educational administration or the Board”.
Amendment of 8 Sub-section (1) of section 17 along with proviso of the Principal Act shall
Section 17 be substituted by the following, namely -
“17.(1) The Secretary shall be a whole-time officer appointed by the Government
on such terms and conditions as may be prescribed by regulations”.
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Amendment of 9 In section 21 of the Principal Act, sub-section (1) shall be substituted by
Section 21 the following, namely -
“21. (1) As soon as may be after the Board is established it shall appoint
the following committees, namely:-
(i) the Examination Committee;
(ii) the Finance Committee;
(iii) the Syllabus Committee;
(iv) the Affiliation Committee;
(v) such other Committees or Sub-committees as it may deem necessary
for the proper execution of its business”.
Amendment of 10 In section 22 of the Principal Act, sub-section (2) and (3) shall be substituted
Section 22 by the following, namely -
“22. (2) In particular, and without prejudice to the generality of the foregoing
powers, the Board may make regulations for all or any of the matter, namely :-
(i) laying down the procedure to be observed for the conduct of its
meetings and to fix the number of the members required to form a
quorum in meetings of its committees;
(ii) the conduct of examination including the appointment of paper-setters,
moderators, coders, examiners, scrutinizers, tabulators, centre-
superintendents, invigilators and their duties, powers and remunerations;
(iii) the conditions under which candidates shall be admitted to the
examinations of the Board;
(a)   the conditions under which the students shall be registered by
    the Board;
(iv) the conditions under which the Board may affiliate institutions for
the purposes of its examinations;
(v) the courses of study to be followed in the higher secondary schools
and high schools and the courses of study for other examinations
that may be conducted by the Board;
(vi) the conditions for the award of the certificates and diplomas of the Board;
(vii) the institution of scholarship and prizes;
(viii) the selection or co-option of member of the Board and its committees;
(ix) the constitution, powers and duties of committees set up by the Board;
(x) the creation of posts and appointment of employees of the Board
and the conditions of their services;
(xi) the provision of provident fund and other retirement benefits for the
employees of the Board; and
(xii) all matters which, by this Act, are to be, or may be, provided for by
regulations;
provided that the regulations made by the Board or any amendments
thereto shall not take effect untill have received the approval of the
Government.
(3) The Board and its committees may make bye-laws, consistent with
Act, and rules and regulations made thereunder for the following
purposes, namely: -
(i) laying down the procedure to be observed at their meetings;
(ii) providing for all other matters solely concerning the Board
and its committees and not provided for by this Act, and rules
and regulations made thereunder;
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(iii) laying down conditions and guidelines followed in the conduct
of public examination”
Repeal of clause (iv) 12 In section 30 of the Principal Act, clause (iv) of sub-section (2) shall
of sub-section (2) of be deleted.
Section 30
Secretary,
Law & Judicial Department,
Govt. of Mizoram.
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Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram
Printed at the Mizoram Government Press,  Aizawl.   C/200

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