The West Bengal Council Of Higher Secondary Education Act, 1975

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GOVERNMENT OF WEST BENGAL
LEGISLATIVE DEPARTMENT
West Bengal Act VIII of 1975
THE WEST BENGAL COUNCIL OF HIGHER
SECONDARY EDUCATION ACT, 1975.
Contents
CHAPTER I
Preliminary
Section.
1. Short title and extent.
2. Definitions.
CHAPTER II
The Council
3. Establishment and incorporation of the West Bengal Council of
Higher Secondary Education.
4. Composition of the Council.
5. Salary and allowances of the President of the Council.
6. Publication of the names of the President and members of the
Council.
7. Term of office of nominated or elected member of the Council.
8. Casual vacancies.
9. Term of office of the President.
10. Supervening disqualification of the President or nominated or
elected members.
11. Cessation of membership.
12. Resignation of the President and nominated or elected member.
13. Temporary and acting arrangement for the office of the President.
14. Disqualifications for membership.
15. Conduct of meetings.
16. Restriction on voting.
17. Persons in the service of the Council.
CHAPTER III
The Boards
18. Boards.
59
The West Bengal Council of Higher Secondary Education Act, 1975.
[West Ben. Act VIII of 19751
CHAPTER IV
Committees of the Council
Section.
19. Constitution of Committees.
20. Functions of Committees.
CHAPTER V
Powers and functions of the Council and the President
21. Functions of the Council.
22. Powers and duties of the President.
CHAPTER VI
Meetings
23. Meetings of the Council.
24. Regulations relating to meetings.
CHAPTER VII
Finance and Audit
25. Annual report.
26. Budget.
27. Grants by the State Government.
28. Fund of the Council.
29. Application of the Fund.
30. Accounts.
31. Audit.
32. Audit report.
CHAPTER VIII
Supplemental provisions
33. Payment of allowances.
34. Council to furnish information.
35. Power of State Government to suspend proceedings.
36. Certain persons to be deemed to be public servants.
37. Indemnity.
38. Savings.
39. Transitory provisions.
40. Power to make rules.
41. Council to be guided by directions of the State Government.
42. Repeal and savings.
60
GOVERNMENT OF WEST BENGAL
LEGISLATIVE DEPARTMENT
West Bengal Act VIII of 1975
THE WEST BENGAL COUNCIL OF HIGHER
SECONDARY EDUCATION ACT, 1975.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Calcutta
Gazette, Extraordinary, of the 3rd April, 1975.]
[3rd April, 1975.]
An Act to establish a Council of Higher Secondary Education in the State
of West Bengal, to define the powers and functions of such Council
and to provide for certain matters connected therewith.
WHEREAS it is expedient to establish a Council of Higher Secondary
Education in the State of West Bengal, to define the powers and functions
of such Council and to provide for certain matters connected therewith;
It is hereby enacted in the Twenty-sixth 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 West Bengal Council of Higher Short title
Secondary Education Act, 1975. and extent.
(2) It extends to the whole of West Bengal.
2. In this Act, unless the context otherwise requires,— Definitions.
(a) "Council" means the West Bengal Council of Higher Secondary
Education established under section 3;
(b) "the Fund" means the West Bengal Council of Higher Secondary
Education Fund referred to in section 28;
(c) "Head of Institution" means the head of the teaching staff of an
Institution by whatever name he or she may be designated;
(d) "Higher Secondary Education", except in relation to such class
of students as the State Government may specify in this behalf,
61
The West Bengal Council of Higher Secondary Education Act, 1975.
[West Ben. Act
(Chapter 1.—Prelitninary.—Section 2.)
means such education, commencing after the terminal stage of
school education in the pattern of secondary education
introduced with effect from the 1st day of January, 1974, which
concludes with the passing of the public examination by
whatever name called and instituted by the West Bengal Board
of Secondary Education, as is provided for students with a view
to qualifying them for admission to diploma or degree course
instituted by a University or by Government or by a Statutory
Body, and includes, subject to any general or special order of
the State Government, education in—
(i) Humanities,
(ii) Sciences,
(iii) Commerce,
(iv) Agriculture,
(v) Technical courses, or
(vi) Other courses, vocational or otherwise, which the State
Government may, in consultation with the Council,
specify;
(e) "Institution" means a Higher Secondary School or an
educational institution or department of a college or institution
imparting instruction in Higher Secondary Education;
(f) "Managing Committee", used with reference to an Institution,
means the person or the body of persons for the time being
entrusted with the management of the affairs of the Institution;
(g) "member" means a member of the Council;
(h) "notification" means a notification published in the Official
Gazette;
(i) "prescribed" means prescribed by rules made under this Act;
(j) "President" means the President of the Council;
(k) "recognised" with its grammatical variations, used with
reference to Institutions, means recognised under this Act;
(1) "regulation" means a regulation made by the Council under
this Act;
(m) "rule" means a rule made by the State Government under this
Act; and
(n) "Secondary Education", except in relation to such class of
students as the State Government may specify in this behalf,
means such education in the pattern of Secondary Education
introduced with effect from the 1st day of January, 1974,
62
The West Bengal Council of Higher Secondary Education Act, 1975.
VIII of 1975.]
(Chapter IL—The Council.—Sections 3, 4.)
West Ben.
Act V of
1963.
imparted in any institution defined as such in the West Bengal
Board of Secondary Education Act, 1963, as terminates with
the passing of the public examination by whatever name called
and instituted by the West Bengal Board of Secondary
Education.
CHAPTER II
The Council
3. (1) The State Government shall, as soon as may be after this Act
comes into force, establish a Council to be called the West Bengal Council
of Higher Secondary Education.
(2) The Council shall be a body corporate with perpetual succession
and a common seal, 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 by its name sue and be sued.
4. (1) The Council shall consist of the following members, namely:—
(a) the President who shall be appointed by the State Government;
(b) the President of the West Bengal Board of Secondary Education
established under the West Bengal Board of Secondary
Education Act, 1963, ex officio;
(c) the Director of Secondary Education, West Bengal, ex officio;
(d) the Director of Technical Education, West Bengal, ex officio;
(e) the Director of Industries, West Bengal, ex officio;
(f) the Director of Agriculture, West Bengal, ex officio;
(g) persons not exceeding seven in number to be nominated by the
State Government, of whom—
(1) one shall be a woman interested in education,
(2) one shall be a Principal of a college,
(3) one shall be the Dean of any of the Faculties of the Bidhan
Chandra Krishi Viswa Vidyalaya;
(h) four teachers to be elected by the teachers of the Institutions
from amongst themselves in the manner prescribed, of whom
at least one shall be the Head of an Institution;
CO two representatives of the West Bengal Legislative Assembly
to be elected by the members of such Assembly from amongst
themselves in the manner prescribed;
Establish-
ment and
incorpora-
tion of the
West Bengal
Council of
Higher
Secondary
Education.
Composition
of the
Council.
63
The West Bengal Council of Higher Secondary Education Act, 1975.
[West Ben. Act
Salary and
allowances
of the
President of
the Council.
Publication
of the names
of the
President
and
members of
the Council.
Term of
office of
nominated
or elected
members of
the Council.
(Chapter 1L—The CounciL—Sections 5-7.)
(j) one representative of the Senate of the University of Calcutta
to be elected by the members of the Senate from amongst
themselves in the manner prescribed;
(k) one representative of the University of Burdwan to be elected
by the members of such University from amongst themselves
in the manner prescribed; and
(I) one representative to be elected by the members of such
University from of the North Bengal University amongst
themselves in the manner prescribed.
(2) The President shall be a whole-time officer of the Council.
(3) The members referred to in clauses (a) to (g) of sub-section (1)
and the following persons to be nominated by the State Government shall
be the first members of the Council, namely:—
(i) two members of the West Bengal Legislative Assembly;
(ii) one member of the Senate of the University of Calcutta;
(iii) one member of the University of Burdwan;
(iv) one member of the North Bengal University.
(4) The first members of the Council other than the President shall
hold office for such period not exceeding two years as the State
Government may specify.
5. The President shall receive such salary and allowances, if any, from
the West Bengal council of Higher Secondary Education Fund as the State
Government may determine.
6. The names of the President and other members of the Council
appointed, nominated or elected under section 4 shall be published in the
Official Gazette, as soon as may be after their appointment, nomination
or election, as the case may be.
7. (1) Subject to the provisions of this Act, a nominated or elected
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 nominated or elected member is published
under section 6.
(2) On the expiration of the term of office specified under sub-section
(1) a nominated or elected member may be renominated or re-elected.
64
The West Bengal Council of Higher Secondary Education Act, 1975.
VIII of 1975.]
(Chapter IL—The Council.—Sections 8-13.)
8. If a nominated or elected member dies or resigns his office or Casual
otherwise ceases to be a member the vacancy shall be filled up by a fresh vacancies.
nomination or election, as the case may be, under section 4.
9. The appointment of the President under clause (a) of sub-section Term of
office of the (1) of section 4 shall be for such period as the State Government may President.
specify in this behalf, but the State Government may extend the period
from time to time so, however, that the total period of appointment does
not exceed four years from the date of first appointment and on the
expiration of the said period or the extended period, if any, the President
may be re-appointed.
10. If the President or a nominated or elected member becomes, after supervening
his appointment or nomination or election, as the case may be, subject to disqualifica- tion of the
any of the disqualifications specified in section 14 he shall cease to hold President or
office with effect from such date as the State Government may direct. nominated
or elected
member.
11. The members referred to in sub-clauses (2) and (3) of clause (g)
and clauses (h) to (I) of sub-section (1), and sub-section (3), of section 4
shall cease to hold office as such as soon as they cease to hold office as
the Principal of a college, the Dean of a Faculty of the Bidhan Chandra
Krishi Viswa Vidyalaya, the Head of an Institution, a member of the West
Bengal Legislative Assembly, a member of the Senate of the University
of Calcutta or a member of the University of Burdwan or the North Bengal
University, as the case may be.
12. (1) The President may resign his office by giving a notice in Resignation
writing to the State Government stating his intention so to do, and on the President
such resignation being accepted by the State Government the President and
shall be deemed to have vacated his office. nominated
or elected
(2) A nominated or elected member may resign his office by giving a member.
notice in writing to the President stating his intention so to do, and on
such resignation being accepted by the Council, such member shall be
deemed to have vacated his office.
13. If the President dies or resigns his office or ceases to hold office Temporary
or is temporarily absent or by any reason unable to perform the function and acting
arrangement
of the President the State Government shall authorise a member of the for the office
Council to exercise thepowers and perform the duties of the office of the °f the
President until the President resumes office or a new President is appointed,
as the case may be.
Cessation of
membership.
65
The West Bengal Council of Higher Secondary Education Act, 1975.
[West Ben. Act
(Chapter IL—The Council.—Sections 14-16.)
Disqualifi-
cations for membership
Conduct of
meetings.
Restriction
on voting.
14. A person shall be disqualified for being appointed or nominated
or elected a member of the Council if he—
(a) has been adjudged by a competent Court to be of un-sound
mind;
(b) is an undischarged insolvent;
(c) being a discharged insolvent, has not obtained from the Court
a certificate that his insolvency was caused by misfortune
without any misconduct on his part;
(d) has been convicted by a Court of an offence which is declared
by the State Government to be an offence involving moral
turpitude, unless—
(i) such disqualification is condoned by the State
Government, or
(ii) the term of his sentence of imprisonment, or a period of
five years from the date of his conviction, whichever is
longer, has expired;
(e) directly, or indirectly, by himself or his partner,—
(i) has or had any share or interest in any text-book approved
by the Council or published by or under the authority of
the Council, or
(ii) has any interest in any work done by order of, or in any
contract entered into by or on behalf of, the Council:
Provided that a person who had any share or interest
in any text-book 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 the publication or republication of such text-book.
15. The President, or in his absence, one of the members of the Council
elected from amongst those present, shall preside at meetings of the
Council, and the President or such member shall be entitled to vote on
any matter and shall have a second or casting vote in every case of equality
of votes.
16. (1) No member of the Council shall vote on any matter in which
he has any personal or pecuniary interest or if it relates to any Institution
of which he is either a teacher or a member of the Managing Committee.
(2) The President or the member presiding at a meeting of the Council
shall decide any question arising under sub-section (1) and his decision
thereon shall be final.
66
The West Bengal Council of Higher Secondary Education Act, 1975.
VIII of 1975.]
(Chapter IL The Council Section17.— Chapter 111.—The
Boards.—Section 18.)
17. (1) The Council shall have a Secretary who shall be appointed Persons in
by the State Government on such terms and conditions as may be Ord,: ce determined by the State Government. Council. (2) The Council may appoint such other officers and employees 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.
(3) Subject to the general control and supervision of the President,
the Secretary shall be the principal administrative officer of the Council
and be entitled to attend and speak at any meeting of the Council, but
shall not be entitled to vote.
CHAPTER III
The Boards
18. (1) The Council may constitute Boards of Studies in one or Boards.
more of the following branches, namely:—
(a) Humanities,
(b) Sciences,
(c) Commerce,
(d) Agriculture,
(e) Technical courses, and
(f) Other courses, vocational or otherwise.
(2) Each such Board of Studies shall consist of—
(i) the President,
(ii) one member to be nominated by the State Government,
(iii) one member to be elected by the members of the Council from
amongst themselves,
(iv) two members to be elected by the members of the Council
from amongst the members of the teaching staff of the
Institutions imparting instruction in the branch in respect of
which the Board of Studies is to be constituted, and
(v) not more than two members to be nominated by the President
from amongst the experts in the branch of education in respect
of which the Board of Studies is to be constituted.
(3) The term of office of the members of each of Boards of Studies
shall be two years, but the Council may extend the period from time to
time so, however, that the total period does not exceed three years.
(4) The President shall be the Chairman of each of the Boards of
Studies and the Secretary to the Council shall be the Secretary thereto.
(5) Each Board of Studies shall perform such functions as may be
assigned to it by the Council.
67
The West Bengal Council of Higher Secondary Education Act, 1975.
Constitution
of Commi-
ttees.
Functions
of Commi-
ttees.
[West Ben. Act
(Chapter 1V.—Committees of the Council.—Sections 19, 20.)
(6) The Chairman shall preside over the meetings of each such Board
of Studies and in his absence, the members present shall elect one from
amongst themselves to preside.
(7) A member of any such Board who is a member of the Council
shall continue to hold office until he ceases to be a member of the. Council.
CHAPTER IV
Committees of the Council
19. (1) The Council may, with the approval of the State Government
constitute any or more of the following Committees, namely:--
(a) the Recognition Committee;
(b) the Syllabus Committee;
(c) the Examinations Committee;
(d) the Finance Committee;
(e) the Appeal Committee;
(f) such other Committee or Committees as it may think fit.
(2) Each of the Committees referred to in clauses (a) to (d) and (f) of
sub-section (1) shall be composed of the President as its Chairman and
wholly or in part of members of the Council and the total number of
members including the President shall not exceed seven.
(3) The Appeal Committee shall be composed of not more than seven
members including a person who holds or has held the office of a Judge
not below the rank of a District Judge as its Chairman and other members
all or some of whom shall be members of the Council.
(4) There shall be a Secretary to each such Committee who shall be
deputed by the President from amongst the officers of the Council.
20. (1) It shall be the duty of the Recognition Committee to advise
the Council on all matters concerning the recognition of Institutions.
(2) It shall be the duty of the Syllabus Committee to—
(a) advise the Council on matters relating to the syllabus and the
courses of studies to be followed and the books to be studied in
regcognised Institutions and for examinations instituted by the
Council;
(b) advise the Council on any matter relating to the syllabus, courses
of studies or books to be studied, as may be referred to it by the
Council.
68
The West Bengal Council of Higher Secondary Education Act, 1975.
VIII of 1975.]
(Chapter V—Powers and functions of the Council and
the President.—Section 21.)
(3) It shall be the duty of the Examinations Committee to advise the
Council on—
(a) the selection of Paper-setters, Moderators, Tabulators,
Examiners, Invigilators, Supervisors and others employed in
connection with examinations instituted by the Council and
the rates of remuneration to be paid to them;
(b) the fees to be paid by candidates for such examinations;
(c) any matter relating to such examinations which may be referred
to it by the Council, for advice.
(4) It shall be the duty of the Finance Committee to prepare the budget
of the Council and to advise the Council on such matters relating to finance
as may be referred to it by the. Council, for advice.
(5) (a) All appeals by the members of the teaching and the non-
teaching staff against decisions of Managing Committees of the recognised
Institutions shall be heard and decided by the Appeal Committee;
(b) The decisions of the Appeal Committee on such appeals shall be
final and no suit or proceeding shall lie in any Civil or Criminal Court in
respect of any matter which has been or may be referred to, or has been
decided by, the Appeal Committee.
(6) Any other Committee or Committees that may be constituted under
clause (1) of sub-section (1) of section 19 shall have such powers or
functions as the Council may assign to such Committee or Committees.
CHAPTER V
Powers and functions of the Council and the President
21. (1) It shall be the duty of the Council to advise the State Functions of
Government on all matters relating to Higher Secondary Education the Council.
referred to it by the State Government.
(2) Subject to any general or special order of the State Government,
the provisions of this Act and any rule made thereunder, the Council shall
have generally the power to direct, supervise and control Higher Secondary
Education, and in particular the power—
(a) to grant or refuse recognition to Institutions, and to withdraw
such recognition, if it thinks fit, after considering the
recommendations 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 Institutions;
(c) to provide for inspection of recognised Institutions;
69
The West Bengal Council of Higher Secondary Education Act, 1975.
[West Ben. Act
(Chapter V.—Powers and functions of the Council and
the President —Section 21.)
(d) to provide by regulations, after considering the recommendation
of the Syllabus Committee, if any, the curriculum, the syllabus,
the courses of studies to be followed and the books to be studied
in recognised Institutions and for examinations instituted by
the Council;
(e) to undertake, if necessary, with the approval of the State
Government, the preparation, publication or sale of text-books
and other books for use in recongnised Institutions;
(f) to maintain and publish, from time to time, list of books
approved for use in recognised Institutions and for examinations
instituted by the Council and to remove the name of any such
book from any such list;
(g) to institute Higher Secondary Examinations for purposes of
this Act and such other examinations as it may think fit and to
make regulations in this behalf;
(h) to make regulations regarding the conditions to be fulfilled by
candidates presenting themselves for examinations instituted
by the Council;
(i) to publish results of the examinations instituted by the Council
and to award dipolmas, certificates, prizes and scholarships in
respect thereof;
(j) to provide by regulations after considering the
recommendations of the Examinations Committee, if any, the
rates of remuneration to be paid to Paper-setters, Moderators,
Tabulators, Examiners, Invigilators, Supervisors and others
employed in connection with examinations instituted by the
Council, and the fees to be paid by candidates for such
examinations;
(k) to grant permission to candidates to appear at examinations
instituted by the Council and to refuse or withdraw such
permission if it thinks fit in accordance with such regulations
as may be made in this behalf;
(1) to administer the West Bengal Council of Higher Secondary
Education Fund;
(m) to provide by regulations the procedure for filing and disposal
of appeals by members of the teaching and non-teaching staff
against decisions of the Managing Committees of recognised
Institutions;
(n) to institute and administer such Provident Funds as may be
prescribed;
70
The West Bengal Council of Higher Secondary Education Act, 1975.
VIII of 1975.]
(Chapter V—Powers and functions of the Council and
the President—Section 22.)
(o) to make regulations relating to the conduct, discipline and
appeal in respect of the officers and employees of the Council;
(p) 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 Council shall have
the power to make regulations in respect of any matter for the proper
exercise of its powers 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, alterations or modifications therein as it thinks fit:
Provided that before making any such addition, alteration or
modification the State Government shall give the Council an opportunity
to express its views thereon within such period not exceeding one month
as may be specified by the State Government.
(5) All regulations approved by the State Government shall be
published in the Official Gazette.
22. (I) The President shall be responsible for carrying out and giving
effect to the decisions of the Council and of any Board of Studies or
Committee constituted under this Act.
(2) The President may, in any emergency, exercise any of the powers
of the Council provided however that he shall not act contrary to any
decision of the Council, and shall, as soon thereafter as may be, report to
the Council the action taken by him together with the reasons therefor.
(3) The President shall—
(a) exercise general supervision and control over the Secretary and
the other officers and employees appointed by the Council;
(b) assign to each member of the Council, the Board of Studies or
the Committee such duties as he thinks fit;
(c) sanction such claims of travelling allowances and at such rates
as the State Government may determine; and
(d) take such other action not inconsistent with any decision of
the Council as he considers necessary for the proper functioning
of the Council.
Powers and
duties of the
President.
71
The West Bengal Council of Higher Secondary Education Act, 1975.
[West Ben. Act
(Chapter 171.—Meetings.—Sections 23, 24.—
Chapter VIL—Finance and Audit—Sections 25, 26.)
CHAPTER VI
Meetings
Meetings
of the
Council.
Regulations
relating to
meetings.
23. (1) The annual meeting of the Council shall be held in the month
of July each year.
(2) The Council shall meet at such other times as may be appointed by
the President, but in no case less than four times a year.
(3) One-third of the total number of members of the Council shall
form a quorum at any meeting of the Council.
24. The Council shall make regulations relating to meetings of the
Council, of any Board of Studies or of any Committee constituted by the
Council and the procedure to be followed at such meetings.
CHAPTER VII
Finance and Audit
Annual 25. (1) The President shall place before the annual meeting of the
Report. Council held in the year following the year in which it is constituted and
before every annual meeting thereafter a report on the working of the
Council during the last preceding financial year.
(2) The report shall be forwarded to the State Government within one
month of its presentation before the annual meeting of the Council together
with such comments thereon as the Council may think fit to make.
Budget. 26. (1) The President shall place before every annual meeting a budget
estimate showing in such form as may be prescribed, the anticipated
income and expenditure of the Council during the financial year in which
the annual meeting is held.
(2) The budget estimate shall after confirmation by the Council be
forwarded to the State Government within such time as may be prescribed.
(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 Council with such comments and suggestions as it deems necessary if
in its opinion such estimate—
(i) is not reasonably accurate with reference to ascertainable facts
or shows a deficit in its closing balance;
72
The West Bengal Council of Higher Secondary Education Act, 1975.
VIII of 1975.]
(Chapter V1L—Finance and Audit. Section27.)
(ii) includes new items of recurring expenditure which are likely
to impose upon the Council in the future financial liabilities
which the Council 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 Council
shall consider the comments and suggestions made by the State
Government and may, if it thinks fit, revise the said estimate. The Council
shall then submit the budget estimate as so revised to the State Government,
or, the Council 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 of the budget estimate
as revised by the Council or if the budget estimate is returned by the
Council without revision, the State Government may amend the budget
estimate by making—
@ 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 expenditure;
(ii) additions, alterations or modifications in any provision relating
to new expenditure of a recurring nature;
(iii) any alteration or modification in any provision for expenditure
which, in its opinnin, is not in accordance with the provisions
of this Act;
and shall forward the budget estimate as so amended to the Council and
the budget estimate so returned shall be the budget estimate of the Council
for the relevant year.
(4) If the State Government does not accord its approval to the said-
estimate within three months of the receipt thereof for such approval or
within three months of the resubmission thereof 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, Grants by
the accounts of the Council and such reports as it may call for, make such the evsetmatme ent. annual or periodical grants to it as it may think fit:
Provided that on the establishment of the Council and before the first
budget estimate is forwarded to the State Government, the State
73
The West Bengal Council of Higher Secondary Education Act, 1975.
Fund of the
Council.
Application
of the Fund.
Accounts.
Audit.
[West Ben. Act
(Chapter VU—Finance and Audit—Sections 28-31.)
Government may, after considering such report as it may call for from the
Council, make such initial grant to the Council as may be considered
necessary.
28. (1) The Council shall have a Fund to be called the West Bengal
Council of Higher Secondary Education Fund 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 or from
property owned or managed by the Council; and
(d) all other sums received by or on behalf of the Council from
any other source whatsoever.
(2) The Fund shall vest in the Council and shall be under its control
and shall be held by it in trust for the purposes of this Act.
(3) All monies payable to the credit of the Fund shall forthwith be
paid into the Reserve Bank of India or the State Bank of India to the
credit of the Fund, and all cheques drawn on the Fund shall be signed by
the President or by such other person as he may authorise in writing in
this behalf.
29. No expenditure shall be incurred from the Fund except for the
purposes of this Act, and unless such expenditure is provided for in the
budget as approved under this Act or can be met by re-appropriation
sanctioned in the prescribed manner.
30. The Council shall keep an account of all its receipts and
expenditure in the manner prescribed.
31. (1) The accounts of the Council shall be examined and audited
annually in such manner as may be prescribed by an auditor or auditors
appointed by the State Government.
(2) For the purpose 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 Council 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; and
74
The West Bengal Council of Higher Secondary Education Act, 1975.
VIII of 1975.]
(Chapter VIL—Finance and Audit—Section 32.—
Chapter VIII—Supplemental provisions.—Sections 33-35.)
(c) require any person so appearing before him to submit a
statement in writing in respect of any such document.
(3) It shall be the duty of the Council, and of every member thereof,
and of the Secretary and the members of the staff in the service of the
Council to afford to the auditor every facility for the examination and
audit of the accounts of the Council and to comply with any requisition
made by the auditor under sub-section (2) and with the requirement of
any rule made in this behalf.
(4) Any person who wilfully neglects or refuses to comply with a
requisition made under sub-section (2) or with the requirement of any
rule made in this behalf shall, on conviction, be punishable with fine which
may extend to one hundred 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).
32. (1) Not more than fourteen days after 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 Council which shall forward
it to the State Government together with its observations thereon.
(2) The State Government shall take such action on the audit report as
it thinks fit.
Audit
report.
CHAPTER VIII
Supplemental provisions
33. Subject to the provisions of section 5, members of the Council Payment of
shall receive such allowances for attending the meetings or for other allowances.
purposes as the State Government may determine.
34. The Council shall furnish to the State Government such reports,
returns and statements as may be prescribed and such further information
on any matter relating to the Council as the State Government may require.
35. The State Government may, by order in writing stating the reasons
therefor, suspend the execution of any resolution or order of the Council
or of any Board of Studies or any Committee constituted under this Act
and prohibit the doing of any act which purports to be done or intended to
Council to
furnish
information.
Power of
State
Government
to suspend
proceedings.
75
The West Bengal Council of Higher Secondary Education Act, 1975.
[West Ben. Act
Certain
persons to
be deemed
to be public
servants.
Indemnity.
Savings.
(Chapter VIII—Supplemental provisions.—Sections 36-40.)
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 upon the Council, or the Board or the Committee, as the case
may be.
36. The members of the Council, or every Board or Committee
constituted unnder this Act, persons in the service of the Council and any
person appointed under this Act to audit the accounts of the Council shall
be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code.
37. No suit, prosecution or other legal proceeding whatever shall lie
against any person for anything in good faith done or intended to be done
under this Act.
38. No act or proceeding taken under this Act shall be invalid on the
ground merely of—
(a) the existence of any vacancy in, or defect in the constitution
of, the Council, or any Board or any Committee constituted
under this Act,
(b) any member of the Council having voted on any matter in
contravention of the provisions of section 15, or
(c) any defect or irregularity not affecting the merits of the case.
45 of 1860.
Transitory
provisions.
Power to
make rules.
39. (1) The President 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 this Council under the provisions of 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,
namely:—
(a) the acquisition, possession and disposal of proverty by the
Council, the conditions of such acquisition, possession and
disposal, and the performance by the Council of any function
referred to in sub-section (2) of section 3;
(b) the manner of election of the members of the Council specified
in clauses (h) to (1) of sub-section (1) of section 4;
76
The West Bengal Council of Higher Secondary Education Act, 1975.
VIII of 1975.]
Chapter VIII—Supplemental provisions.—Sections 41, 42.)
(c) the Provident Funds referred to in clause (n) of sub-section (2)
of section 21 as may be instituted and administered by the
Council;
(d) the composition, powers, functions, approval and supersession
of Managing Committees of recognised Institutions;
(e) the form in which Budget estimate of the Council shall be
prepared as referred to in sub-section (1) of section 26;
(f) the time within which the Budget estimate shall be forwarded
to the State Government as referred to in sub-section (2) of
section 26;
(g) the manner in which all payments to and from the West Bengal
Council of Higher Secondary Education Fund shall be made;
(h) the manner of re-appropriation under section 29;
(i) the manner and form in which accounts of receipts and
expenditure shall be kept under section 30;
(j) the manner in which examination and audit of the accounts of
the Council shall be made under section 31;
(k) the reports, returns and statements to be furnished by the
Council under section 34 and the forms of such reports, returns
and statements;
(I) any other matter required to be prescribed or provided or made
by rules.
West Ben
Ord. 1 of
1975.
41. The Council shall, in exercising its powers and performing its council to
duties under thisAct, be guided by such directions, as the State Government by be guided
may, by notification, give from time to time, regarding the scope and directions of
content of Higher Secondary Education. the State
Government.
42. (1) The West Bengal Council of Higher Secondary Education Repeal and
Ordinance, 1975, is hereby repealed. savings.
(2) Anything done or any action taken under the West Bengal
Council of Higher Secondary Education Ordinance, 1975, shall be deemed
to have been validly done or taken under this Act as if this Act had
commenced on the 31st day of January, 1975.

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