The Rabindra Mukta Vidyalaya Act, 2001

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XI of 20011  
THE RABINDRA MUKTA VIDYALAYA 
ACT, 2001. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 29th March, 2001.] 
An. Act to establish and incorporate an open school (mukta vidyalaya) 
in the State of West Bengal and to provide formatters connected therewith 
or incidental thereto. 
WHEREAS it is expedient to establish an open school in the State of West 
Bengal to provide distance education at school level to all those who 
cannot get themselves admitted to any school and to provide for matters 
connected therewith or incidental thereto; 
It is hereby enacted in the Fifty-second Year of the Republic of India, 
by the Legislature of West Bengal, as follows:— 
CHAPTER I 
Preliminary 
1. (1) This Act may be called the Rabindra Mukta Vidyalaya Act, Short title, 
2001 	 extent and 
commence- 
(2) It extends to the whole of West Bengal. 	 ment. 
(3) It shall come into force on such date as the State Government may, 
by notification in the Official Gazette, appoint. 
2. In this Act, unless the context otherwise requires,— 
(a) "Chairman" means the Chairman of the Vidyalaya; 
(b) "Director" means the Director of the Vidyalaya; 
(c) "Governing Body" means the Governing Body of the 
Vidyalaya; 
(d) "State Government" means the Government of West Bengal 
in the School Education Department; 
(e) "Vidyalaya" means the Rabindra Mukta Vidyalaya 
established under section 3. 
Definitions. 
'For proceedings of the West Bengal Legislative Assembly, see the proceedings of the 
meeting of that Assembly held on the 13th February, 2001. 
 
95 
The Rabindra Mukta Vidyalaya Act, 2001. 
[West Ben. Act 
(Chapter IL—The Vidyalaya.—Sections 3, 4.) 
CHAPTER II 
The Vidyalaya 
Establish-
ment and 
incorpora-
tion of the 
Vidyalaya. 
3. (1) The State Government shall, as soon as may be after the 
coming into force of this Act, establish a school to be called the Rabindra 
Mukta Vidyalaya. 
(2) The Vidyalaya shall be a body corporate having perpetual 
succession and a common seal, and shall be entitled to acquire, hold and 
dispose of property, to enter into contracts, and to do all other things 
necessary for the purposes of this Act, and shall sue and be sued by the 
name of the Rabindra Mukta Vidyalaya. 
Governing 	 4. The Vidyalaya shall consist of the following members:— Body of the 
Vidyalaya. 	 (a) the Chairman appointed by the State Government; 
(b) the Director appointed by the State Government; 
(c) the Chairman of the National Open School, ex-officio; 
(d) the Director of the State Council of Educational Research and 
Training, West Bengal, ex officio; 
(e) the President of the West Bengal Board of Secondary 
Education, ex officio; 
(0 the President of the West Bengal Board of Madrasah 
Education, ex officio; 
(g) the Director, School Education, Government of West Bengal, 
ex officio; 
(h) the President of the West Bengal Board of Primary Education, 
ex officio ; 
(i) the President of the West Bengal Council of Higher Secondary 
Education, ex officio; 
(j) a Deputy Secretary of the School Education Department, 
Government of WestBengal, to be nominated by the Secretary 
of the School Education Department, Government of West 
Benal; 
(k) three persons, nominated by the State Government in 
consultation with the Chairman; 
(1) three members of whom— 
(i) one shall be nominated by the Netaji Subhas Open 
University, 
(ii) one shall be nominated by the National Council of 
Educational Research and Training, and 
(iii) one shall be nominated by the National Institute of 
Educational Planning and Administration. 
96 
The Rabindra Mukta Vidyalaya Act, 2001. 
XI of 2001.1 
(Chapter IL—The Vidyalaya.—Section 5.) 
5. (1) The Vidyalaya shall have the power— 
(i) to design and develop a series of courses of studies leading to 
certification at the upper primary, secondary and higher 
secondary levels; 
(ii) to design, develop, prescribe and offer courses of studies in 
vocational areas to the students of the Vidyalaya; 
(iii) to design and develop self-learning materials in print, audio, 
video compact disc rom, and other formats; 
(iv) to offer courses of studies through distance learning mode; 
(v) to collaborate with institutions at the State level such as State 
Education Council of Research and Training, West Bengal 
Board of Secondary Education, West Bengal Board of Primary 
Education, College of Education, Polytechnic, and Sramik 
Vidyapeeth; 
(vi) to collaborate with national and international agencies like 
National Open School, Indira Gandhi National Open 
University, National Council of Educational Research and 
Training, National Institute of Educational Planning and 
Administration, Commonwealth of learning, United Nations 
Educational, Scientific and Cultural Organization, United 
Nations International Children's Emergency Fund, and similar 
other agencies for continuing effort at improvement of quality 
and standard of distance education process and materials; 
(vii) to undertake research, and, in particular, action research, for 
solving diagnostic problem, and for developmental thrust, in 
building the Vidyalaya; 
(viii) to collaborate with agencies and institutions for opening 
learning-support-centres or study centres for the students of 
the Vidyalaya and to accord approval to such learning-
support-centres and study centres; 
(ix) to establish regional centres in West Bengal for the purpose 
of supervising the proper functioning of the leaning-support-
centres and study centres; 
(x) to publish, or cause to be published, and to print, the learning 
and other materials developed by the Vidyalaya; 
(xi) to prescribe by regulations the conditions of registration of 
students, the eligibility criteria for appearing at the examination 
of the Vidyalaya, and the procedure of conduct of such 
examinations, and all other matters necessary for proper 
fulfilment of teaching and examination, and also to award 
certificates; 
Powers of 
the 
Vidyalaya. 
97 
The Rabindra Mukta Vidyalaya Act, 2001. 
[West Ben. Act 
(Chapter 11—The Vidyalaya.—Section 5.) 
(xii) to prescribe by regulations fees and other charges and the 
method of collection thereof; 
(xiii) to organise training programmes for the members of the 
staff of the Vidyalaya, the coordinators, and the teachers of 
schools; 
Explanation.—(a) "Coordinator" shall mean any person 
appointed or recognised by the Vidyalaya as Coordinator for 
the purposes of this Act; and 
(b) "teachers of schools" shall mean the teachers of schools 
imparting— 
(i) Primary Education as defined in clause (c) of 
section 2 of the West Bengal Primary Education 
Act, 1973, or 
(ii) Secondary Education as defined in clause (e) of 
section 2 of the West Bengal Board of Secondary 
Education Act, 1963, or 
(iii) Higher Secondary Education as defined in clause 
(d) of section 2 of the West Bengal Council of 
Higher Secondary Education Act, 1975; 
(xiv) to purchase or otherwise acquire or take on lease or hire 
premises for the Vidyalaya; 
(xv) to invest and deal with funds and monies of the Vidyalaya; 
(xvi) to set up a library containing books and learning materials in 
other media; 
(xvii) to obtain or accept grants, subscriptions, fees, donations, 
gifts, bequests and properties, both movable and immovable, 
from the Government, or from any person, for the purposes 
of the Vidyalaya; 
(xviii) to build, construct and maintain building, and alter, extend, 
improve, repair, or modify any existing building, and suitably 
equip such building, for the uses of the Vidyalaya; 
(xix) to appoint committees or sub -committees as may be deemed 
fit for carrying out the objects of the Vidyalaya and to 
prescribe by regulations and guidelines for the proper 
functioning of such committees or sub-committees; 
(xx) to make service regulations for the personnel related 
administration of the Vidyalaya and for the proper 
management of the functions of the Vidyalaya including 
welfare measures for the staff of the Vidyalaya; 
West Ben. 
Act XLIII of 
1973. 
West Ben. 
Act V of 
1963. 
West Ben. 
Act VIII of 
1975. 
98 
The Rabindra Mukta Vidyalaya Act, 2001. 
XI of 2001.] 
(Chapter 11.—The Vidyalaya.—Section 5.) 
(xxi) to delegate any of its powers to any of the officers of the 
Vidyalaya or to any of the committees or sub-committees 
constituted by the Vidyalaya, for more effective management 
and functioning of the Vidyalaya; 
(xxii) to do all such lawful acts and things, whether incidental to the 
powers as aforesaid or not, as may be required to be done in 
order to further the aims and objects of the Vidyalaya; 
(xxiii) to create administrative, technical and other posts under the 
Vidyalaya, other than the post of Director, and to make 
appointment thereto, provided the posts so created are 
in the cadre, and in the scales of pay, approved by the State 
Govenment from time to time; 
(xxiv) to co-operate with educational or other institutions having 
objects wholly or partly similar to those of the Vidyalaya by 
exchange of teachers and scholars, generally in such manner 
as may be conducive to such objects; 
(xxv) to make regulations for the conduct of affairs of the 
Vidyalaya; 
(xxvi) to maintain a fund to which shall be credited— 
(a) all sums provided by the State Govenment, 
(b) all fees and other charges received by the Vidyalaya, 
(c) all monies received by the Vidyalaya by way of grants, 
gifts, donations, benefactions, bequests, or transfers, 
(d) all monies received by the Vidyalaya in any other 
manner or from any other source; 
(xxvii) 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 Vidyalaya may, with the approval of the State 
Government, decide; 
(xxviii) to meet out of the fund as aforesaid the expenses of the 
Vidyalaya, including the expenses incurred while exercising 
its powers, and discharging its functions, under this Act; 
(xxix) to prepare and maintain accounts and other records and to 
prepare an annual statement of accounts (including the balance 
sheet) of the Vidyalaya in such form as may be prescribed by 
rules by the State Government; 
(xxx) to forward annually to the State Government the accounts of 
the Vidyalaya as certified by such competent authority as the 
State Government may decide. 
99 
The Rabindra Mukta Vidyalaya Act, 2001. 
[West Ben. Act 
Salary and 
allowances 
of 
Chairman. 
Publication 
of the names 
of Chairman 
and other 
members of 
the 
Vidyalaya. 
Term of 
office of 
other 
members of 
the 
Vidyalaya. 
Casual 
vacancies. 
Term of 
office of 
Chairman. 
Disqualifica-
tion 
supervening 
membership 
of Govern-
ing body. 
(Chapter IL—The Vidyalaya.—Sections 6-11.) 
(2) Notwithstanding anything contained in any other law for the time 
being in force, but without prejudice to the provisions of sub-section (1), 
it shall be the duty of the Vidyalaya to take all such steps as it may deem 
fit for the promotion of the open school and distance education system 
and for the determination of standard of teaching, evaluation and research 
in such system. 
6. The Chairman shall receive such salary and allowances, if any, 
from the Fund of the Vidyalaya referred to in sub-section (1) of section 
28 as the State Government may determine. 
7. The names of the Chairman and other members of the Vidyalaya, 
appointed or nominated, as the case may be, under section 4 shall be 
published in the Official Gazette as soon as may be after their appointment 
or nomination, as the case may be. 
8. (1) Subject to the provisions of this Act, a member, other than 
an ex officio member, shall hold office for such term, not exceeding three 
years, as the State Government may specify, and such term shall be 
computed from the date on which the name of the member is published 
under section 7. 
(2) On the expiry of the term of office as specified under sub-
section (1), a member may be re-nominated. 
9. If the Chairman or any other member, other than an ex officio 
member, dies or resigns his office or otherwise ceases to be the Chairman 
or other member, the vacancy shall be filled up by a fresh appointment 
or nomination, as the case may be. 
10. The appointment of the Chairman under clause (a) of section 4 
shall be for such period, not exceeding four years, as the State Govern-
ment may, by notification published in the Official Gazette, specify. On 
the expiry of the period or appointment as aforesaid, the Chairman may 
be reappointed for such period as the State Government may determine 
so, however, that the total period of appointment (including the period 
of reappointment) as Chairman shall not exceed eight years. 
11. If the Chairman or other member becomes subject to any of the 
disqualifications specified in section 14, he shall cease to be the Chairman 
or other member, as the case may be, with effect from such date as the 
State Government may direct. 
100 
The Rabindra Mukta Vidyalaya Act, 2001. 
XI of 2001.] 
(Chapter IL—The Vidyalaya.—Sections 12-14.) 
12. (1) The Chairman may resign his office by giving a notice in 
writing to the State Govenment, stating his intention so to do, and, on such 
resignation being accepted by the State Government, the Chairman shall 
be deemed to have vacated his office. 
(2) Any other member may resign his office by giving a notice in 
writing to the Chairman, stating his intention so to do, and, on such 
resignation being accepted by the Governing Body, such member shall be 
deemed to have vacated his office. 
13. If the Chairman 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 authorise 
the Director to exercise the powers and perform the duties of the Chairman 
until the Chairman resumes office or a new Chairman is appointed, as the 
case may be. 
Resignation 
of Chairman 
and other 
members. 
Temporary 
arrangement 
for the office 
of the 
Chairman. 
14. A person shall be disqualified for being 
as a member of the Vidyalaya, if he— 
appointed or nominated Disqualifica- 
tions for 
membership. 
has been adjudged by a competent Court to be of unsound 
mind; 
is an undischarged insolvent; 
being a discharged insolvent, has not obtained from the Court 
a certificate that his insolvency was caused by misconception 
without any misconduct on his part; 
has been convicted by a Court of an offence involving moral 
turpitude; 
directly or indirectly by himself or his partner— 
(i) holds any share or interest in any textbook approved by 
the Vidyalaya or published by or under the authority of 
the Vidyalaya, or 
(ii) has any interest in any work by order of, or in any 
contract entered into by or on behalf of, the Vidyalaya, 
provided that a person who having any share or interest 
in any textbook referred to in 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 
textbook. 
101 
The Rabindra illukta Vidyalaya Act, 2001. 
[West Ben. Act 
(Chapter IL—The Vidyalaya.—Sections 15-17.—Chapter 111.— 
Committees of the Vidyalaya.—Section 18.) 
Conduct of 
meetings. 
Restriction 
on vote. 
Persons in 
the service 
of the 
Vidyalaya. 
15. The Chairman or, in his absence, the Director shall preside over 
the meetings of the Vidyalaya, and the Chairman 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. 
16. (1) No member of the Governing Body shall vote on any matter 
in which he has any personal or technical interest. 
(2) The Chairman, or the Director, presiding at the meeting of the 
Vidyalaya shall decide any question arising under sub-section (1), and 
his decision thereon shall be final. 
17. (1) The Vidyalaya shall have a Secretary who shall be appointed 
by the Vidyalaya on such terms and conditions as may be determined 
by the State Government. 
(2) The Vidyalaya may appoint such other officers and employees 
as it may consider necessary for carrying out the purposes of this Act 
and shall determine, subject to the approval of the State Government, 
the terms and conditions of such appointment. 
CHAPTER III 
Committees of the Vidyalaya 
Academic 
Advisory 
Committee 
of the 
Vidyalaya. 
18. (1) The Governing Body shall constitute an Academic Advisory 
Committee of the Vidyalaya (hereinafter referred to in this Act as the 
Academic Advisory Committee) for advising the Governing Body on the 
courses of studies. 
(2) The advice given by the Academic Advisory Committee shall not 
be binding on the Governing Body, but the Governing Body shall record 
the reasons at its meeting 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 different branches of knowledge, to be nominated by the 
Governing Body. 
102 
The Rabindra Mukta Vidyalaya Act, 2001. 
XI of 2001.] 
(Chapter 111.—Committees of the Vidyalaya.—Section 19.) 
(4) TheHeadofthe AcademicDepartmentoftheVidyalaya (hereinafter 
referred to in this Act as the Academic Department) shall be a member of 
the Academic Advisory Committee and not more than three members of 
the Governing Body including the Director shall be included in the 
Academic Advisory Committee. 
(5) The Director 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. 
(6) The Chairman shall preside over the meetings of the Academic 
Advisory Committee and, in his absence, the members present at a meeting 
shall elect one from amongst themselves to preside over the meeting. 
(7) A member of the Academic Advisory Committee, who is also a 
member of the Governing Body, shall continue to hold office as a member 
of the Academic Advisory Committee till he ceases to be a member of the 
Governing Body. 
(8) Any member of the academic Advisory Committee may resign 
after giving fifteen days' notice to the Director, and the Governing Body 
shall have the power to remove any member of the Academic Advisory 
Committee after recording reasons thereof at a meeting. 
19. (1) The Governing Body may also constitute all or any of the 
following committees:— 
(a) Syllabus Committee; 
(b) Examination Committee; 
(c) Recognition Committee; 
(d) Finance Committee. 
(2) The Governing Body may consititute 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 six, as the Governing Body may think fit. 
(4) Each such Committee shall have a Secretary who shall be deputed 
by the Director from amongst the Officers of the Vidyalaya. 
(5) Any member of the Governing Body may be appointed to be a 
member of any Committee constituted under sub-section (1), but the total 
number of members of the Governing Body, including the Director, in any 
such Committee shall not exceed three. 
Committees 
of the 
Vidyalaya. 
103 
The Rabindra Mukta Vidyalaya Act, 2001. 
[West Ben. Act 
(Chapter 111.—Committees of the Vidyalaya.—Section 20.— 
Chapter 1V.—Powers and functions of Governing Body, 
Chairman and Director.—Section 21.) 
Functions of 
Committees. 
Powers and 
functions of 
Governing 
Body. 
20. (1) The Syllabus Committee shall advise the Governing Body— 
(a) on matters relating to the syllabus, the courses of studies to 
be followed, and the books to be studied for examinations 
conducted by the Vidyalaya, and 
(b) on such other matter relating to the syllabus, the courses of 
studies to be followed, and the books to be studied for 
examinations conducted by the Vidyalaya as aforesaid, as 
may be referred to it by the Vidyalaya. 
(2) The Examination Committee shall advise the Governing Body 
on— 
(a) the selection of paper-setters, moderators, tabulators, 
examiners, invigilators, supervisors, and others employed in 
connection with the examinations conductedby the Vidyalaya 
and the rates of remuneration to be paid to them, 
(b) the fees to be paid by the candidates for such examinations, 
and 
such other matter relating to the examinations as aforesaid as 
may be referred to it by the Governing Body for advice. 
(3) The Recognition Committee shall advise the Governing Body on 
all matters relating to the recognition of sutdy centres. 
(4) The Finance Committee shall prepare the budget of the Vidyalaya 
and shall advise the Governing Body on such matters relating to finance 
as may be referred to it by the Governing Body for advice. 
(5) Any other Committee that may be constituted by the Governing 
Body under sub-section (2) of section 19 shall perform such functions 
as may be assigned to such Committee by the Governing Body. 
CHAPTER IV 
Powers and functions of Governing Body, 
Chairman and Director. 
21. (1) It shall be the duty of the Governing Body to advise the State 
Government on all matters relating to the Vidyalaya and distance learning 
system. 
(c) 
104 
The Rabindra Mukta Vidyalaya Act, 2001. 
XI of 2001.] 
(Chapter 1V—Powers and functions of Governing Body, 
Chairman and Director—Section 21.) 
(2) Subject to any general or special order of the State Government, 
the provisions of this Act, and the rules made thereunder, the Governing 
Body shall have generally the power to direct, supervise and control the 
Vidyalaya and distance learning system and, in particular, the power— 
(a) 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; 
(b) to maintain a register of recognised study centres; 
(c) to provide for inspection of the recognised study centres; 
(d) to provide, by regulations, after considering the 
recommendations of the Syllabus 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 Vidyalaya; 
(e) to undertake, if necessary, with the approval of the State 
Government, the preparation, publication or sell of textbooks 
and other books for the use of the students of the Vidyalaya; 
(f) to maintain and publish from time to time list of books 
approved for the use of the students of the Vidyalaya and for 
the examinations conducted by the Vidyalaya and to remove 
the name of any such book from any such list; 
(g) to conduct examinations and to make regulations in this 
behalf; 
(h) to make regulations regarding the conditions to be fulfilled by 
the candidates presenting themselves for examinations 
conducted by the Vidyalaya; 
(i) to publish results of the examinations conducted by the 
Vidyalaya and to award diplomas, certificates, prizes and 
scholarships in respect thereof; 
(j) to provide, by regulations, after considering the 
recommendations of the Examination Committee, if any, the 
rates of remuneration to be paid to thepaper-setters, tabulators, 
examiners, invigilators, supervisors and others employed in 
connection with the examinations conducted by the Vidyalaya, 
and the fees to be paid by the candidates for such examinations; 
105 
The Rabindra Mukta Vidyalaya Act, 2001. 
[West Ben. Act 
Powers and 
functions of 
Chairman 
and 
Director. 
(Chapter 1V.—Powers and functions of Governing Body, 
Chairman and Director.—Section 22.) 
(k) to grant permission to candidates to appear at the examinations 
conducted by the Vidyalaya, and to refuse, or to withdraw, 
such permission, if it thinks fit, in accordance with such 
regulations as may be made in this behalf; 
(1) to administer the Fund of the Vidyalaya; 
(m) to institute, and to administer, such Provident Fund for the 
benefit of the officers and other employees of the Vidyalaya 
as may be prescribed by rules made under this Act; 
(n) to make regulations relating to the conduct and discipline of 
the officers and other employees of the Vidyalaya; 
(0) to perform such other functions as may be assigned to it by the 
State Government. 
(3) Subject to the provisions of sub-section (2), the Vidyalaya may 
make regulations in respect of any matter for the proper exercise of its 
powers and discharge of its functions under this Act. 
(4) No regulation shall be valid unless it is approved by the State 
Government, and the State Government may, in according such approval, 
make such additions to or alterations or modifications in, the regulations 
as it thinks fit: 
Provided that before making any such additions, alterations or 
modifications, the State Government shall give the Vidyalaya an 
opportunity to express its views thereon within such period, not exceeding 
one month, as the State Government may think fit. 
22. (1) (a) The Chairman shall— 
(i) exercise general supervision and control over the Director; 
(ii) assign to each member of the Governing Body, the Academic 
Advisory Committee, or any other Committee constituted 
under this Act such duties as he thinks fit. 
(b) The Chairman may, in any emergency, exercise any of the 
powers of the Vidyalaya, provided, however, that he shall not act contrary 
to any decision of the Vidyalaya and shall, as soon thereafter as may be, 
report to the Governing Body the action taken by him in exercise of any 
such power together with the reasons- therefor. 
106 
The Rabindra Mukta Vidyalaya Act, 2001. 
X1 of 2001.1 
(Chapter V.—Meetings.—Sections 23, 24.—Chapter VI.— 
Finance and Audit.—Section 25.) 
(2) The Director shall— 
(a) be responsible for carrying out, and for giving effect to, the 
decisions of the Governing Body or of any Committee 
constituted under this Act; 
(b) sanction such claims for allowances, and at such rates, as the 
State Government may determine; and 
(c) take such other action, not inconsistent with any decision of 
the Governing Body, as he considers necessary for the proper 
functioning of the Vidyalaya. 
CHAPTER V 
Meetings 
23. (1) The annual meeting of the Governing Body shall be held in 
the month of January each year. 
(2) The Governing Body may hold meetings at such other times as 
the Chairman may decide, but in no case shall such meetings be held 
for less than four times a year. 
(3) One-third of the total number of members of the Governing 
Body shall be a quorum for a meeting of the Governing Body. 
24. The Governing Body shall make regulations relating to the 
meetings of the Governing Body or of any Committee constituted by 
the Governing Body and the procedure to be followed at such meetings. 
Meetings of 
Governing 
Body. 
Power to 
make 
regulations. 
CHAPTER VI 
Finance and Audit 
25. (1) The Chairman shall place at the first annual meeting of the Annual 
Governing Body in the year following the year in which it is constituted Report. 
and at every annual meeting thereafter a report on the working of the 
Vidyalaya during the last preceding financial year. 
(2) The report shall be forwarded to the State Government within 
one month of its presentation at the annual meeting of the Governing 
Body with such comments thereon as the Governing Body may think 
fit to make. 
107 
Budget. 
The Rabindra Mukta Vidyalaya Act, 2001. 
[West Ben. Act 
(Chapter VI.—Finance and Audit.—Section 26.) 
26. (1) The Chairman shall place at every annual meeting a Budget 
Estimate, in such form as may be prescribed by rules, showing the 
anticipated income and expenditure of the Vidyalaya during the financial 
year in which the annual meeting is held. 
(2) The Budget Estimate shall, after confirmation by the Governing 
Body, be forwarded to the State Government within such time as may 
be prescribed by rules. 
(3) (a) The State Government shall, within three months of the 
receipt of the Budget Estimate, either accord its approval to the same or 
return it to the Vidyalaya with such comments and suggestions as it may 
deem necessary if, in its opinion, such Estimate— 
is not reasonably accurate with reference to ascertainable 
facts or shows a deficit in its closing balance; 
(ii) includes new items of recurring expenditure which are likely 
to impose upon the Vidyalaya in the future financial liabilities 
which the Vidyalaya is not likely to be able to meet from 
its income; and 
(iii) includes provisions for expenditure which are not in 
accordance with the provisions of this Act. 
(b) If the Budget Estimate is returned under clause (a), the Governing 
Body shall consider the comments and suggestions made by the State 
Government and may, if it thinks fit, revise the said Estimate. The 
Governing Body shall, then, submit the Budget Estimate as so revised to 
the State Government or the Governing Body 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 replies 
on the comments and suggestions made by the State Government. 
(c) If the State Government does not approve the Budget Estimate 
as revised by the Governing Body or if the Budget Estimate is returned 
by the Governing Body 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 provision for 
expenditure which, in its opinion, is not in accordance with 
the provisions of this Act, 
(i) 
108 
The Rabindra Mukta Vidyalaya Act, 2001. 
XI of 2001.] 
(Chapter W.—Finance and Audit.—Sections 27-29.) 
and shall forward the Budget Estimate as so amended to the Vidyalaya, 
and the Budget Estimate so returned shall be the Budget Estimate of the 
Vidyalaya for the relevant financial year. 
(d) If the State Government does not accord its approval to the said 
Estimate within three months of receipt thereof by that Government for 
such approval or within three months of re-submission thereof by the 
Governing Body with or without revision, the said Estimate shall be 
deemed to have been approved by the State Government. 
27. The State Government may, after considering the Budget Estimate, 
the accounts of the Vidyalaya 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 Vidyalaya 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 Vidyalaya, make such initial grant to the Vidyalaya as may 
be considered necessary. 
28. (1) The Vidyalaya shall have a Fund to be called the Rabindra 
Mukta Vidyalaya Fund (hereinafter referred to in this Act as the Fund 
of the Vidyalaya) to which shall be credited— 
(a) all sums which may be paid by the State Government under 
section 27; 
(b) all fees realised under any of the provisions of this Act; 
(c) all sums representing income from endowments, if any, or 
from property owned or managed by the Vidyalaya; and 
(d) all other sums received by or on behalf of the Vidyalaya 
from any other source. 
(2) The Fund of the Vidyalaya shall vest in the Vidyalaya and shall be 
under its control and shall be held in trust for the purposes of this Act. 
(3) All moneys payable to the credit of the Fund of the Vidyalaya 
shall forthwith be paid into the State Bank of India or any nationalised 
bank to the credit of the Fund of the Vidyalaya, and all cheques drawn 
on the Fund of the Vidyalaya shall be signed by the Director or by such 
other person as he may authorise in writing in this behalf. 
29. No expenditure shall be incurred from the Fund of the Vidyalaya 
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 the manner prescribed by rules. 
Grant by the 
State 
Government. 
Fund of the 
Vidyalaya. 
Application 
of the Fund 
of the 
Vidyalaya. 
109 
The Rabindra Mukta Vidyalaya Act, 2001. 
[West Ben. Act 
(Chapter VI.—Finance and Audit.—Sections 30-32.) 
Accounts. 	 30. The Vidyalaya shall keep an account of all its receipt and 
expenditure in the manner prescribed by rules. 
Audit. 
	 31. (1) The accounts of the Vidyalaya shall be examined and audited 
annually by an auditor or auditors appointed by the State Government 
in such manner as may be prescribed by rules. 
(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 the Vidyalaya or the assets thereof 
which he considers to be necessary for the proper conduct 
of the audit; 
(b) require, in writing, the personal appearance before 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 so appearing before him to submit a 
statement in writing instead of any such document. 
(3) It shall be the duty of the Governing Body and every member 
thereof and of the Secretary and other officers and employees in the 
service of the Vidyalaya to afford to the auditor every facility for the 
examination and audit of the accounts of the Vidyalaya and to comply 
with any requisition made by the auditor under sub-section (2) and the 
requirements of any rule made in this behalf. 
(4) Any person who wilfully 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 conviction, be 
punished with fine which may extend to five thousand rupees. 
(5) No complaint in respect of any offence punishable under sub-
section (4) shall be made except with the previous sanction of the State 
Government. 
(6) No Magistrate, other than a Metropolitan Magistrate or a Judicial 
Magistrate of the First Class, shall try an offence punishable under sub-
section (4). 
Audit report. 	 32. (1) Not more than 14 days after the completion of the audit, the 
auditor shall submit to the State Government a report on the accounts 
audited, and shall send a copy thereof to the Vidyalaya and thereupon, 
the Vidyalaya shall forward the report to the State Government together 
with its observations thereon. 
(2) The State Government shall take such action on the report as 
aforesaid as it thinks fit. 
110 
The Rabindra Mukta Vidyalaya Act, 2001. 
XI of 2001.] 
(Chapter VII.—Supplemental provisions.—Sections 33-38.) 
CHAPTER VII 
Supplemental provisions 
33. Subject to the provisions of section 6, the members of the Payment of 
Governing Body or of any Committee constituted under this Act shall allowances.  
receive such allowances for attending the meetings of the Governing 
Body or the Committee, as the case may be, or for such other purposes, 
as the State Government may determine. 
34. The Vidyalaya shall furnish to the State Government such reports, 
returns, and statements as may be prescribed by rules and such further 
information or any matter relating to the Vidyalaya as the State 
Government may require. 
35. The State Government may, by order in writing and stating the 
reasons therefor, suspend the execution of any resolution or order of the 
Vidyalaya or of any Committee constituted under this Act and prohibit 
the doing of anyactwhich 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 Vidyalaya or the Committee, as the case may be. 
Vidyalaya to 
furnish 
information. 
Power of 
State 
Government 
to suspend 
proceedings. 
36. The members of the Governing Body or of any Committee Certain 
constituted under this Act, persons in the service of the Vidyalaya, and persons  deemed to 
any other person appointed under this Act to audit the accounts of the be public 
Vidyalaya shall be deemed to be public servants within the meaning of servants. 
45 of 1860. 	 section 21 of the Indian Penal Code. 
37. No suit, prosecution or other legal proceedings shall lie against 	 Indemnity. 
any person for anything in good faith done or intended to be done under 
this Act. 
38. No act or proceeding under this Act shall be invalid merely on the 	 Savings. 
ground of— 
(a) the existence of any vacancy in, or any defect in the 
constitution of, the Governing Body or any Committee 
constituted under this Act, or 
(b) any member of the Governing Body having cast his vote 
in any matter in contravention of the provisions of section 
16, or 
(c) any defect or irregularity not affecting the merit of any 
case. 
111 
The Rabindra Mukta Vidyalaya Act, 2001. 
[West Ben. Act 
(Chapter VIL—Supplemental provisions.—Sections 39, 40.) 
Transitory 
provisions 
Power to 
make rules. 
39. (1) The Chairman 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 Governing Body under this Act, 
whichever is earlier. 
40. (1) The State Government may, after previous publication, 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:— 
(a) the acquisition, possession and disposal of property by the 
Vidyalaya, the conditions of such acquisition, possession and 
disposal, and the doing of any other thing referred to in 
sub-section (2) of section 3; 
(b) the provident fund referred to in clause (m) of sub-
section (2) of section 21 as may be instituted and administered 
by the Vidyalaya; 
(c) the form in which the Budget Estimate of the Vidyalaya 
shall be prepared as referred to in sub-section (1) of 
section 26; 
(d) the time within which the Budget Estimate shall be forwarded 
to the State Government as referred to in sub-section (2) of 
section 26; 
(e) the manner in which all payments to and from the Fund of the 
Vidyalaya shall be made; 
(f) the manner of re-appropriation under section 29; 
(g) the manner of keeping of accounts of receipts and 
expenditure under section 30; 
(h) the manner in which examinations and audit of accounts of 
the Vidyalaya shall be made under section 31; 
(i) the reports, returns and statements to be furnished by the 
Vidyalaya under section 34 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. 
112 
The Rabindra Mukta Vidyalaya Act, 2001. 
XI of 2001.] 
(Chapter VII.—Supplemental provisions—Sections 41, 42.) 
41. (1) The Vidyalaya may, with the approval of the State Govern-
ment and by notification published in the Official Gazette, make 
regulations not inconsistent with the provisions of this Act or the rules 
made, or the regulations made by the Governing Body, thereunder in 
respect of all or any of the matters required to be provided for by 
regulations. 
(2) The Governing Body may, with the approval of the State 
Government and by notification published in the Official Gazette, 
make regulations not inconsistent with the provisions of this Act or the 
rules, or the regulations made by the Vidyalaya, thereunder in respect of 
all or any of the matters required to be provided for by regulations. 
Power to 
make 
regulations. 
42. The Vidyalaya shall, in exercising its powers and performing Vidyalaya to 
its duties under this Act, be guided by such directions in the matter of be guided by 
directions of 
scope and content of courses of studies as the State Government may, State 
by notification published in the Official Gazette, give from time to time. 	 Government. 
Statement of Objects and Reasons on the Rabindra 
Mukta Vidyalaya Bill, 2001 (Bill No. 4 of 2001). 
STATEMENT OF OBJECTS AND REASONS. 
To tackle effectively with the issue of large drop-out rates in 
different stages of school education and to create enthusiasm and awareness 
among the general people in elementary education for successful 
implementation of total literacy programme, the State Government has 
been contemplating for an Open School system of education to be 
introduced in the State under the direct supervision of the State Government. 
2. A study on feasibility of the proposal has accordingly been 
conducted and a report containing academic programme, delivery 
mechanism, student evaluation, examination management, 
organisational structure and financial implications, has been prepared. 
3. Keeping in view the above objects, the report has been accepted, 
in general with a partial modification, by the State Government for a 
separate set-up for elementary stage and an integrated set-up for secondary 
stage up to Madhyamik standard with a provision to introduce the 
Higher Secondary standard in due course. 
113 
The Rabindra Mukta Vidyalaya Act, 2001. 
[West Ben. Act XI of 2001.] 
4. Pending enactment of a suitable legislation in the Open School 
system of education, the Rabindra Mukta Vidyalaya has already been 
set-up with the approval of the State Planning Board under a constituted 
Governing Body having appointed a Director-cum-member to contact 
authorities of different schools in order to get an estimate of the response 
from the students and preparation of course materials through an expert 
committee. 
5. The Bill has been framed with the above objects in view. 
KOLKATA, 	 KANTI BISWAS, 
The 22nd January, 2001. 	 Member-in-charge. 
114 

‹ Prev All West Bengal acts Next ›