LexThe UTTAR PRADESH STATE OPEN SCHOOL BOARD ACT, 2008
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THE UTTAR PRADESH STATE OPEN SCHOOL BOARD
ACT, 20081
[U. P. ACT No. 27 of 2008]
[As passed by the Uttar Pradesh Legislature, assented to by
the Governor on August 28, 2008 , under Article 201 of the
Constitution of India and was published in the Uttar Pradesh
Gazette Extraordinary, dated August 29, 2008.]
AN
ACT
to establish and incorporate the State Open School Board
in the State of Uttar Pradesh and to provide for matter connected
therewith or incidental thereto..
IT IS HEREBY enacted in the Fifty-ninth Year of the Republic
of India as follows:
CHAPTER-1
Preliminary
Short title,
extent and
commencement
1. (1) This Act may be called the Uttar Pradesh State Open
School Board Act, 2008.
(2) It extends the whole of Uttar Pradesh.
(3) It shall come into force on such date as the State
Government may by notification appoint in this behalf.
Definitions 2. In this Act, unless the context otherwise requires.—
(a) "Board" means the State Open School Board. Uttar
Pradesh established under section 3:
(b) "Centre Superintendent" means a person appointed as
such by the Board fo r supervision of the examinations to be
conducted by the Board;
(c) "Chairperson" means the Chairperson of the Board
appointed by the State Government under Clause (a) of section
4;
(d) "Director" means the Director of the Board appointed
under Clause (b) of section 4:
(e) "Executive Committee" means the Executive Committee
of the Board constituted under Section 5;
(f) "Head of the Institution" means the Principal, the Head
Master or the Head Mistress of a Study Centre of the Board:
1. For Statement of Objects and Reasons please see at the end of this Act.
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(g) "Inspector" means a District Inspector of Schools:
(h) "Open School" means all the study centers under the
Board including the Board;
(i) "Regulation" means the regulations made under this
Act:
(j) "Regional Joint Director of Education or the Deputy
Director of Education (Secondary)" means the Joint D irector of
Education or the Deputy Director of Education of a region;
(k) "Secretary" means the Secretary of the Board appointed
under sub-section (1) of section 17;
(l) "Study Centre" means an institution identified and
approved by the Board as a unit of the open school.
CHAPTER - II
The Board
Establishment
&
incorporation
of the Board
3. (1) The State Government shall, as soon as may be after the
commencement of this Act, by notification, establish a Board to be
called the State Open School Board, Uttar Pradesh.
(2) The Board shall be a body corporate.
Constitution
of the Board
4. (1) The Board shall consist of the following members:-
(a) The Chairperson who shall be an officer appointed by the
State Government not below the rank of the Director of Education,-
Ex. Officio Chairperson
(b) The Director who shall be appointed by State Government
not below the rank of Additional Director of Education-
Member-Secretary
(c) The Director of Education (Secondary) Uttar Pradesh or his
nominee not below the rank of Additional Director of Education-
Ex. Officio member
(d) The Director of Education (Basic) Uttar Pradesh or his
nominee not below the rank of the Additional Director-
Ex. Officio member
(e) The Director of the State Council of Educational Research
and Training or his nominee not below the rank of the Joint Director -
Ex. Officio member
(f) The Director Techni cal Education, Uttar Pradesh -or his
nominee not below the rank of the Joint Director-
Ex. Officio member
(g) The Director Information Department, Uttar Pradesh or his
nominee not below the rank of Joint Director
Ex. Officio member
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(h) The Director, Television Centre, Allahabad.
Ex. Officio member
(i) The Director, Radio Station, Allahabad
Ex. Officio member
(j) The Vice Chancellor, Rajarshi Tandon Open University
Allahabad or his nominee not below the rank of a Reader of any
Department of the University.
Ex. Officio member
(k) The Director, Institute of Correspo ndence Education.
Allahabad University, Allahabad.
Ex. Officio member
(l) The Field Advisor National Council of Educational Research
and Training New Delhi,
Ex. Officio member
(m) A representative of National Institute of Open Schooling,
New Delhi
Member
(n) Three elite educationists of which one shall be a female
educationist nominated by the State Government
Member
(o) Three representative who shall be the Principals of Study
Centres, having at least 15 years experience as a Principal no minated
by the State Government
Member
(p) The Director Industries, Kanpur or his nominee not below
the rank of the Joint Director
Member
(q) The Director, Government Printing Press Uttar Pradesh,
Allahabad or his nominee not below the rank of the Joint Director
Ex.Officio member
(r) The Secretary, Madhyamik Shiksha Parishad, Uttar Pradesh
Ex.Officio member
(s) The Secretary, Basic Education Board, Uttar Pradesh
Ex.Officio member
(2) The Constitution of the Board shall be published in the
Gazette.
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Executive
Committee
5. (1) There shall be an Executive Committee of the Board
consisting of following members:-
(a) The Chairperson of the Board-
Ex Officio
Chairperson
(b) The Director of Education (Secondary) or his nominee.-
Ex Officio member
(c) The Director, State Open School Board. Uttar Pradesh
Ex.Officio member Secretary
(d) The Vice Chancellor, Rajarshi Tandon Open University,
Allahabad
Member
(e) The Director, State Council of Educational Research and
Training or his nominee
Ex. Officio member
(f) The Director Government Printing Press Uttar Pradesh.
Allahabad or his nominee
Member
(g) The Director of Education (Basic) U.P. or his nominee
Ex. Officio Member
(h) A representative of National Open S chooling Institute, New
Delhi
Ex.Officio member
(2) The Chairperson shall preside over the meetings of the
Executive Committee.
Powers and
functions of
the Board
6. (1) The Board shall advise the Stat e Government on all
matters relating to the school and distance learning system;
(2) Subject to, any general or special order of the State
Government, the provisions of this Act, and the rules made there
under, the Board shall have generally the power,—
(i) to direct, superwise and control activities of school and
distance learning system.
(ii) to design and develop a series of courses of studies leading
to certification at the secondary levels; & higher secondary levels;
(iii) to design, develop prescr ibe and offer courses of studies in
Vocational areas to the students of the Board;
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(iv) to design and develop self learning materials in print, audio,
video, compact disc, rom and other formates;
(v) to offer courses of studies through distance learning mode;
(vi) to collaborate with institutions at the State level such as
State Council of Educational Research and Training, Uttar Pradesh,
Board of High School and Intermediate Education Uttar Pradesh,
Institutions of Education in Uttar Pradesh and State Institute of
Educational Training and Management and Training Uttar Pradesh,
Allahabad and other such Institutions.
(vii) to collaborate with national and Internatio nal agencies like
the Institute of National Open Schooling, Indira Gandhi National Open
University, National Council of Educational Research and Training,
National Institute of Educational Planning and Administration,
Common-Wealth of Learning, United Nati ons Educational, Scientific
and Cultural Organization, United Nations International Children's
Emergency Fund and similar other agencies for continuing efforts at
improvement of quality and standard of distance Educations Process
and materials.
(viii) to undertake research, and in particular, action research,
for solving diagnostic problem, and for developmental thrust, in
building the open school;
(ix) to collaborate with agencies and institutions for opening
learning support - centres or study centres for the students of the open
school and to accord approval to such learning support - centres and
study centres;
(x) to establish regional centres in Uttar Pradesh for the
purpose of supervising the proper functioning of the learning support
centres and study centres.
(xi) to publish or cause to be published, and to print, the
learning and other materials developed by the Board;
(xii) to prescribe the regulations the conditions of registration of
students, the eligibility criteria for appearing a t the ex aminations of
the Board and the procedures of conduct of such examinations, and all
other matters necessary for proper fulfillment of teaching and
examination, and also to award certificates;
(xiii) to prescribe regulations for fees and other charges and the
method of collection thereof;
(xiv) to organize training programmes for the members of the
staff of the open school the co-ordinators. the teachers of open school
and such other persons as may be engaged as teaching assistants by
study centres and as a resource centre in State training of personnel
related open schooling;
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Explanations:-
(a) "Co -ordinator" shall mean any person appointed or
recognized by the Board as Co -ordinator for the purposes of this Act
and;
(b) "Teachers of Schools" shall mean the teachers of open
school imparting education in Basic secondary and Higher Secondary
schools and shall include Principals and Head Masters or Head
Mistresses.
(xv) to purchase or otherwise acquire or take on lease or on hire
for the Board;
(xvi) to invest and deal with funds and monies of the Board;
(xvii) to set up a Library containing books and learning
materials in other media;
(xviii) to obtain or accept gran ts, subscriptions, fees, donations.
gifts, bequests and properties both movable and immovable from the
Government, or from any person for the purposes of the Board;
(xix) to build, construct and maintain building and alter,
extend, improve, repair or mod ify any existing building and suitably
equip such building, for the use of Board;
(xx) to appoint committees or sub -committees as may be
deemed fit for carrying out the objects of the Board and to prescribe by
regulations and guidelines for the proper func tioning of su ch
committees or sub committees;
(xxi) to make service regulations for the personnel related
administration of the Board and for the proper management of the
functions of the Board including welfare measures for the staff of the
Board;
(xxii) to delegate any of its powers to any of the officers of the
school or to any of the committees or sub -committees constituted by
the Board, for more effective management and functioning of the
Board;
(xxiii) to do all such lawful acts and things; whethe r incidental
to the powers as aforesaid or not, as may be required to be done in
order to further the aims and objectives of the Board;
(xxiv) to create administrative, technical and other posts under
the Board, other than the Post of Director, and to make appointment
thereto, with prior approval of the State Government;
(xxv) to co-operate with educational or other institutions having
objects wholly or partly similar to those of the Board by exchange of
teachers and scholars, generally in such manner as may be conducive
to such objects;
(xxvi) to make regulations for the conduct of affairs for the
Board;
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(xxvii) to maintain the fund of the Board;
(xxviii) to deposit all monies credited to the fund referred to in
clause (xxvi) in such banks, or to invest them in such manner, as the
Board may, with the approval of the State Government, decide;
(xxix) to meet out of the fund as aforesaid the expenses of the
Board, including the expenses incurred while exercising its powers and
discharging its functions under this Act;
(xxx) to prepare and maintain accounts and other records and
to prepa re an annual statement of accounts (including the balance
sheet) of the Board in such form as may be prescribed by rules by the
State Government;
(xxxi) to forward annually to the State Government the
accounts of the Board as certified by such competent authority as the
State Government may decide;
(xxxii) to grant or refuse recognition to study centres and to
withdraw such recognition, if it thinks fit, after considering the
recommendation of the Recognition Committee, if any, in accordance
with such regulations as may be made in this behalf;
(xxxiii) to maintain a register of recognized study centres;
(xxxiv) to provide for inspection of the recognized study centres;
(xxxv) to provide, by regulations, after considering the
recommendations of the Syllab us committee, if any, the curriculum,
the syllabus, the courses of studies to be followed, and the books to be
studied for examinations conducted by the Board.
(xxxvi) to undertake, if necessary, with the approval of the State
Government, the preparation , publication or sell of text books and
other books for the use of the students of the open school.
(xxxvii) to maintain and publish from time to time list of books
approved for the use of the students of the open school and for the
examinations conducted by the Board and to remove the name of any
such book from any such list;
(xxxviii) to conduct examinations and to make regulations in
this behalf;
(xxxix) to publish results of the examinations conducted by the
Board and to award diploma, certificates, p rizes and scholarships in
respect thereof;
(xl) to provide, by regulations, after considering the
recommendations of the Examinations Committee, if any, the rates of
remuneration to be paid to the paper setters, tabulators, examinators,
invigilators, sup ervisors and other employed in connection with the
examinations conducted by the Board and the fees to be paid by the
candidates for such examinations;
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(xli) to grant permission to candidates to appear at the
examinations conducted by Board and to refuse, or to withdraw, such
permission, if it thinks fit, in accordance with such regulations as may
be made in this behalf;
(xlii) to institute, and to administer, such provident fund for
the benefit of the officers and other employees of the Board as may be
prescribed by rules made under this Act;
(xliii) to associate with in su ch manner and for such purpose
as may be determined by regulations any persons, b ody, whose
assistance or advicen consider necessary for carrying out any of the
provisions of this Act;
(xliv) to perform such other functions as may be assigned to it
by the State Government.
(3) (a) Notwithstanding anything containe d in any other law for
the time being in force, but without prejudice to the provision of sub -
section (1) it shall be the duty of the Board to take all such steps as it
may deem fit for the promo tion of the distance education system and
for the determination of standard of teaching evaluation and research
in such system.
Salary,
Honorarium &
Allowances of
Chairperson &
other members
of the Board
7. The Chairperson or any other member, of the Boa rd shall
receive such honorarium from the Fund of the Board referred to in
sub-section (1) of section 30 as may be determined from time to time
by the State Government.
Terms of Office
of other
members of the
Board
8. (1) A member, other than an ex -officio member, shall hold
office for a term of five years, from the date he assumed office.
(2) On expiry of the term of office as specified under sub -
section (1), a member may be re-nominated.
Casual
Vacancies
9. If the Chairperson or any other member, other than an ex -
officio member dies or resigns his office or otherwise ceases to be the
Chairperson or other member, the vacancy shall be filled up by a fresh
appointment or nomination, as the case may be.
Terms of Office
of Chairperson
10. The appointment of Chairperson under clause (a) of
subsection (1) of section 4 shall be for such period, not exceeding six
years, as the State Government may, by notification, specify. On the
expiry of the period of appointments as aforesaid, the Chairperson
may be re- appointed for such period as the State Government may
determine so, however, the total period of appointment (including the
period of re-appointment) as Chairperson shall not exceed ten years.
Disqualification
supervening
membership of
the Board
11. The Chairperson or any other member if becomes subject
to any of the disqualifications specified in section 14 he shall cease to
be the Chairperson, or other member, as the case may be, with effect
from such date as the State Government may direct.
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Resignation of
Chairperson
and other
members
12. (1) The Chairperson may resign his office by giving a notice
in writing to the State Government, stating his intention so to do, and
on suc h resignation being accepted by the State Government, the
Chair person shall be deemed to have vacated his office.
(2) Any other member may resign his office by giving a notice in
writing to the Chairperson, stating his intention so to do, and on such
resignation being accepted by the Executive Committee such member
shall be deemed to have vacated his office.
Temporary
arrangement
for the office of
the
Chairperson.
13. If the Chairperson dies or resigns his office or ceases to
hold office or is temporarily absent or. for any reason, is unable to
exercise the powers and perform the duties of his office, the State
Government shall authorize the Director to exercise the powers and
perform the duties of the Chairperson until the Chairperson resumes
office or a new Chairperson is appointed, as the case may be.
Disqualification 14. A person shall be disqualified for being appointed or
nominated as a member of the Board if he-
(a) has been adjudged by a compet ent court to be of unsound
mind;
(b) is an un-discharged insolvement;
(c) is a discharged insolvent who has not obtained from the
court a certificate that his insolvency was caused by misconception
without any misconduct on his part;
(d) has been convicted by a court of an offence involving moral
turpitude;
(e) directly or indirectly himself or in his partnership:
(i) holds any share or interest in any text book approved by the
board or published by or under the authority of the Board, or
(ii) has any interest in any work by order of or in any contract
entered into by or on behalf of, the Board, provided that a person who
having any share or interest in any text book referred to sub -clause (i)
shall not be deemed to have incurred the disqualification under the
said sub clause, if five years have elapsed from the date of publication
or republication of such Text Books.
Conduct of
meeting
15. The Chairperson or, in his absence the Director shall
preside over the meetings of the Board and the Chairperson or the
Director, as the case may be shall be entitled to vote on any matter
and shall have a second or casting vote in every case of equality of
votes, at any such meeting.
Restriction on
Vote
16. (1) No member of the Board shall vote on any matter in
which he has any personal interest.
(2) The Chairperson, or the Director, presiding over at the
meeting of the Board shall decide any question arising under sub-
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section (1), and his decision thereon shall be final.
Person in the
service of the
Board
17. (1) The Board shall have a Secretary who shall be appointed
by the State Government from amongst the Provincial Education
Service Officers of Group A. The Secretary shall exercise such powers
and perform such functions as may be assigned to him by the Director.
The Secretary shall also preside over the committee in the absence of
the Director.
(2) The State Government may appoint such other of ficers as it
may consider necessary for carrying out the purposes of this Act from
amongst the Provincial Education Services of the State of Uttar
Pradesh, Officers.
(3) The Board may appoint its employees as it may consider
necessary for carrying out th e purposes of this Act and shall
determine, subject to the approval of the State Government, the terms
and conditions of such appointment including officers of State
Financial Services of Uttar Pradesh.
(4) Mode of recruitment in respect of the posts to be created for
the Board shall be either transfer on deputation or short term contract
or regular basis as the Board may think fit. For work related specific
assignments persons would be deployed on fixed emoluments with
provision for revision each year if considered appropriate.
(5) Scales of pay in respect of the posts to be created by
Executive Committee shall correspond to State Government scales of
pay.
CHAPTER-III
Committees of the Board
Academic
advisory
Committee
18. (1) The Board shall constitut e an Academic Advisory
Committee thereof for advising it on the courses of studies.
(2) The Advice given by the Academic Advisory Committee shall
not be binding on the Board but if the board does not accept the advice
of the Academic Advisory Committee the Board shall record the
reasons for not accepting the advice given by the Academic Advisory
Committee.
(3) Subject to the other provisions of this section, the Academic
Advisory Committee shall consist of seven members including eminent
academicians in d ifferent branches of knowledge to be nominated by
the Board.
(4) The Chairperson shall be the Chairman of the Academic
Advisory committee, and the Head of the Academic Department shall
be the Secretary of the Academic Advisory Committee. The Board shall
not nominate more than three members of the Board excluding the
Chairperson in the Academic Advisory Committee.
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(5) The Chairperson shall preside over the meetings o f the
Academic Advisory Committee and, in his absence, the Director shall
preside over such meetings.
(6) A member of the Academic Advisory Committee, who is also
a member of the Board, shall continue to hold office as a member of
the Academic Advisory Committee till he ceases to be a member of the
Board.
(7) Any member of the Academic Advisory Committee may
resign after giving fifteen days notice to the Director and the Board
shall have the power to remove any member of the Academic Advisory
Committee after recording reasons there for at a meeting.
Other
Committees
of the Board
19. (1) The Board may also constitute the following
Committees:—
(a) Syllabus Committee
(b) Examination Committee
(c) Recognition Committee
(d) Finance Committee
(2) The Board may constitute such other committee or
committees as it may think fit.
(3) Each of the Committees constituted under sub -section (1)
shall consist of the Director as its Chairman and such other members,
not exceeding seven as the Board may think fit.
(4) Each such committee shall have a Secretary thereof who
shall be deputed by the Director from amongst the officers of the
Board. Provided that the Examination Committee shall have the
Secretary to be known as the Examination Controller. Such Secretary
shall be an officers of the Provincial Education Service appointed by
the State Government.
(5) Any member of the Board may be appointed to be a member
of any Committee constituted under sub section (4) but the total
number of members of the Board, including Director in any such
committee shall not exceed four.
Functions of
syllabus
Committee
20. The Syllabus Committee shall advise the Board;
(a) on matters relating to the Syllabus; the courses of studies to
be followed, and the books to be studied for exami nations conducted
by the Board, and
(b) on any other matter which is connected with or incidental to
the matter referred to in clause (a) which may be referred to it by the
Board.
Functions of
examination
Committee
21. (1) The Examination Committee shall advise the Board on:-
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(a) the selection of examination cen tres, paper setters,
moderators, tabulators, examiners, invigilators, superv isors or others
engaged in connection with the examinations conducted by the Board
and the rates of remunerations to be paid to them.
(b) the fees to be paid by the candidates for such examinations,
and
(c) such other matters relating to the examinations as aforesaid
as may be referred to it by the Board for advice.
(2) The Examination committee shall be responsible for the
Conduct of Examinations under the supervision of the Examination
controller and prepare the Certificates of Secondary and Higher
Secondary standard and also vocational certificates to be issued to the
successful students by the Secretary.
Functions of
the
Recognition
Committee
22. The Recognition committee shall advise the Board on all
matters relating to the recognition of study centres.
Functions of
the Finance
Committee
23. The Finance Committee shall prepare the budget of the
Board and shall advise the Board on such matters relating to finance
as may be referred to it by the Board for advice.
Functions of
other
Committee
24. The committee, if any, constituted by the Board under sub
section (2) of section 19 shall perform such functions as may be
assigned to it by the Board.
CHAPTER IV
Powers and functions of Chairperson and Director
Powers and
functions of
Chairperson
and the
Director
25. (1) (a) The Chairperson shall exercise general supervision
and control over the Board: -
(b) The Chairperson may, in any emergency, exercise any of the
powers of the Board provided, that he shall not act contrary to any
decision of the Board and shall, as soon as thereafter may be, report to
the Board the action taken by him in exercise of any such power with
the reason therefor.
(2) The Director shall,-
(a) be responsible for carrying out, and for giving effect to, the
decisions of the Board or of any committee constituted under this Act;
(b) sanction such claims for allowances, and at such rates, as
the State Government may determine;
(c) take such other action, not in consistent with any decisions
of the Board, as he considers necessary f or the proper functioning of
the Board.
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CHAPTER - V
Meetings
Meetings of
the Board
26. (1) The annual meeti ng of the Board shall be held in the
month of December in every calendar year.
(2) The Board may hold meetings at such other times as the
Chairperson may decide.
(3) One third of the total number of members of the Board shall
form the quorum of a meeting of the Board.
(4) The meeting of the Board shall be convened by the Director
after giving ten days notice to the members along with the agenda to be
prepared by the Director in consultation with the Chairperson.
(5) The Director may, on the advice of or in consultation with
the Chairperson convene an emergent meeting of the Board, after
giving two days' notice to the members, for transacting any urgent
matter.
CHAPTER - VI
Finance & Audit
Annual
Report
27. (1) The Chairperson shall place at the first annual meeting
of the Board in the year next following the year in which it is
constituted and at every annual meeting thereafter a report on the
working of Board during the last preceding financial year. He shall also
place annual accounts of the Board of that year.
(2) The report and the annual accounts shall be forwarded to
the Board before one month of its presentation at the annual meeting
of the Board with such comments thereon as the Chairperson may
think fit to make.
Budget 28. (1) The Chairperso n shall place at every annual meeting a
Budget estimate in such form as may be prescribed, showing the
anticipated income and expenditure of the Board during the financial
year in which the annual meeting is held.
(2) The Budget estimate shall, after con firmation by the Board,
be forwarded to the State Government within such time as may be
prescribed.
(3) The State Government shall, within one month of the receipt
of the Budget Estimate, either accord its approval thereon or return it
to the Board with such comments and suggestions as it may deem
necessary if, in its opinion such estimate,—
(i) is not reasonable or accurate with reference to the
ascertainable facts,
(ii) includes new items of recurring expenditure which are likely
to impose upon the Bo ard in the future financial liabilities which the
Board is not likely to be able to meet from its income; or
(iii) includes provisions for such expenditure which are not in
accordance with the provisions of this Act.
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(4) If the Budget Estimate is returned under sub section (3), the
Board shall consider the comments and suggestions made by the State
Government and may, if it thinks fit, revise the said estimate. The
Board shall t hen, submit the Budget estimate as so revised to the
State Government or the Board shall, if it does not think fit to revise
the estimate, submit it in its original form to the State Government
within one month of receiving it together with its comments.
(5) If the State Government does not approve the Budget
estimate as revised by the Board or if the Budget Estimate is returned
by the Board without revision, the State Government may amend the
Budget Estimate by making,
(i) such modifications as are, in its opinion, necessary to render
the Estimate reasonably accurate with reference to ascertainable facts
or to balance the income and the expenditure;
(ii) additions, alterations or modifications in any provision
relating to new expenditure of a recurring nature;
(iii) any alterations or modifications in any provisions for
expenditure, which in its opinion, are not in accordance with the
provisions of this Act;
and shall forward the Budget estimate as so amended to the
Board, and the Budget estimate so re turned shall be the Budget
Estimate of the Board for the relevant financial year.
(6) If the State Government does not accord its approval to the
Budget Estimate referred to in sub section (5) such Estimate shall
within three months of receipt thereof by the State Government for
such approval or within two month of re -submission thereof by the
Board with or without revision, be deemed to have been approved by
the State Government.
Grant by the
State
Government
29. The State Government may, after consider ing the Budget
Estimate, the accounts of the Board and such revision of the Budget
Estimate as it may think necessary, make such annual or periodical
grant to it as it may think fit. provided, that on the establishment of
the Board and before the first budget estimate is forwarded to the State
Government, the State Government may, after considering such report
as it may call for from the Board, make such initial grant to Board as it
may consider necessary.
Fund of the
Board
30. (1) The Board shall create a fund to be called the State
Open School Board Fund (hereinafter referred to in this Act as the
Fund of the Board) to which shall be credited -
(a) all sums which may be paid by the State Government under
section 29,
(b) all fees and other charges reali sed under any of the
provisions of this Act,
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[The Uttar Pradesh State Open School Board Act, 2008]
(c) All moneys received by the Board from a study centre or by
way of grants, gifts, donations, benefactions, bequests or transfer.
(d) all sums representing income from endo wments, if any, or
from property owned or managed by the Board, and
(c) all other sums received by the Board on behalf of the open
school from any other sources.
(2) The Fund shall vest in the Board and shall be under its
control and be held in trust for the purposes of this Act.
(3) All moneys payable to the credit of the Board shall forthwith
be paid into the Allahabad Bank or any Nationalised Bank to the credit
of the Fund and all cheques drawn on the fund shall be signed by the
Director or by such o ther person as may be authorised by him in
writing on his behalf.
Expenditure
from the
fund
31. No expenditure shall be incurred from the Fund of the
Board except for the purposes of this Act and unless such expenditure
is provided for in the Budget as approved under this Act or may be met
by re-appropriation in such manner as may be prescribed.
Accounts 32. The Board shall keep an account of all its receipts and
expenditure in such manner as may be prescribed.
Audit 33. (1) The account of the Board shall be examined and audited
annually by an auditor or auditors appointed by the State Government
in such manner as may be prescribed.
(2) For the purposes of examination and audit under sub
section (1), an auditor appointed under that sub-section may,-
(a) require, in writing the production before, him of any
document relating to financial matter of the Board or the assets thereof
which he considers to be necessary for the proper conduct of the audit;
(b) require, in writing, the personal appearance befor e him of
any person accountable for, or having the custody or control of, any
such document to answer any question relating thereto; or
(c) require any person for appearing before him to submit a
statement in writing instead of any such document.
(3) It shall be the duty of the Board and every member thereof
and of the Secretary and other officers and employees in the service of
the Board to afford to the auditor every facility for the examination and
audit of the accounts of the Board and to comply with any requisition
made by auditor under sub section (2) and the requirements of any
rule made in this behalf;
(4) Any person who willfully suppresses, or refuses to comply
with, any requisition made under sub -section (2) or refuses to comply
with the requirement of any rule made in this behalf shall, on
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[The Uttar Pradesh State Open School Board Act, 2008]
conviction, be punished with fine which may extend to five thousand
rupees.
(5) No complaint in respect of any offence punishable unde r
sub-section (4) shall be made except with the previous sanction of the
State Government.
(6) No Magistrate other than the Judicial Magistrate of First
Class shall try any offence punishable under sub section (4).
Audit Report 34. (1) After the completio n of the audit, the auditor shall
submit within 14 days to the State Government a report on the
accounts audited, and shall send a copy thereof to the Board and there
upon, the Board shall forward the report to the State Government with
its comments thereon.
(2) The State Government shall take such action on the report
submitted under section (1) as it thinks fit.
CHAPTER - VII
Supplemental Provisions
Payment of
allowances
35. (1) Subject to the provisions of section 7 the members of
the Board or of an y committee constituted under this Act shall receive
such allowances for attending the meetings of the Board or the
committee, as the case may be and for other such purposes, as the
State Government may determine.
(2) As per the provision of sub section (1) of section of 6 of the
Right to Information Act, 2005 the Secretary shall be the Information
Officer to provide informations to the public.
Board to
furnish
information
36. The Board shall furnish to the State Government such
reports, returns, and statements as may be prescribed and such
further information or any matter relating to the Board as the State
Government may require.
Power of
State
Government
to suspend
proceedings.
37. The State Government may, by order in writing and stating
the reasons therefore, suspend: the execution of any resolution or
order of the Board or of any committee constituted under this Act and
prohibit the doing of any act which is purported to be done or is
intended to be done under this Act, if the State Government is of
opinion that such resolution, order or act is in excess of the powers
conferred by or under this Act on the Board or any committee, as the
case may be.
Certain
persons
deemed to be
public
servants.
38. The members of the Board or of any committee constit uted
under this Act, persons in the service of the Board and any other
person appointed under this Act to Audit the accounts of the Board
shall be deemed to be public servants within the meaning of section 21
of Indian Penal Code, 1860.
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Indemnity 39. No suit, prosecution or other legal proceeding shall lie
against any person for anything in good faith done or intended to be
done under this Act.
Savings 40. No Act or proceeding under this Act shall be invalid merely
on the ground of-
(a) the existence of any vacancy in, or any defect in the
constitution of the Board or any committee constituted under this Act;
or
(b) any member of the Board having cast his vote in any matter
in contravention of the provisions of section 15; or
(c) any defect or irregularity not affecting the merit of any case.
Transitory
provisions
41. (1) The Chairperson shall make the first regulations for the
purposes of this Act.
(2) The first regulations shall remain in force for a period of one
year or until regulations are made by the Executive Committee under
this Act, whichever is earlier.
Powers to
make rules
42. (1) The State Government may, make rules for carrying out
the purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing powers such rules may provide for all or any of the fol lowing
matters :—
(a) the acquisition, possession and disposal of property by the
Board, the conditions of such acquisition, possession and disposal,
and the doing of any other thing referred to in sub section (2) of section
6;
(b) The provident fund ref erred to in clause (xlii) of sub -section
(2) of section 6 as may be instituted and administered by the Board;
(c) The form in which the Budget Estimate of the Board shall be
prepared as referred to in sub-section (1) of section 28;
(d) The time within wh ich the Budget Estimate shall be
forwarded to the State Government as referred to in sub section (2) of
section 28;
(e) the manner in which all payments to and from the fund of
Board shall be made;
(f) The manner of re-appropriation under section 31;
(g) The manner of keeping of accounts of receipts and
expenditure under section 32;
(h) The manner in which examinations and audit of accounts of
the Board shall be made under section 33;
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(i) The reports, returns and statements to be furnished by the
Board under section 36 and the form of such reports, returns and
statements; and
(j) Any other matter required to be prescribed, or to be provided
for, by rules.
Power to
make
regulations
43. The Executive Committee may, with the approval of the
Board and by notification, make regulations not inconsistent with the
provisions of this Act or the rules made there under in respect of any
matter relating to the proper exercise of i ts powers and discharge of its
functions under this Act or any other matter.
Board to be
guided by
directions of
State
Government
44. The Board shall, in exercising its powers and performing its
duties under this Act, be guided by such directions in the m atter of
scope and content of courses of studies as the State Government may
by notification give from time to time.
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STATEMENT OF OBJECTION AND REASON
In order to provide facility of distance education upto the higher
secondary level to all those persons who cannot get themselves
admitted to any recognized educational institution, it has been decided
to make a law to provide for the establishment of a Board to be known
as the Uttar Pradesh State open School Board consisting of a
Chairperson and 18 other members including the Director to advise
the State Government on all matters relating to the school and distant
learning system. The Board shall have the powers to direct, superwise
and control the activities of the distant learning system. It shall design
and develop a series of courses of study leading to certification at the
secondary and higher secondary levels it shall have also the power to
collaborate with educational institution the state level, national level as
well as international agencie
s. The Board shall establish regional
centers in Uttar Pradesh for the purpose of supervising the proper
functioning of the learning support centers and study centers.
The Uttar Pradesh State Open School Board Bill, 2008 is
introduced accordingly.
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