LexThe West Bengal Secondary Education Act, 1950
West Bengal · state statute
Open in Lexace · Ask the AI about this actTHE WEST BENGAL SECONDARY EDUCATION ACT, 1950.
CONTENTS.
CHAPTER I.
PRELIMINARY.
Section.
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II.
THE BOARD.
3. Establishment and incorporation of the Board of Secondary Education.
4. Composition of the Board.
5. Appointment in default of election.
6. Publication of the names of the members of the Board.
7. Appointment, term of office and salary of the President.
8. Term of office of elected, appointed or co-opted members of the Board.
9. Disqualifications for membership.
10. Disputes relating to elections.
11. Resignation and removal of members.
12. Casual vacancies.
13. Temporary and acting arrangements for the office of the President.
14. Election of Vice-President.
15. Conduct of meetings.
16. Delegation of powers.
17. Restriction on voting.
18. Persons in the service of the Board.
19. Travelling and halting allowances.
CHAPTER III.
THE EXECUTIVE COUNCIL AND THE COMMITTEES.
20. Executive Council and Committees.
21. Constitution of the Executive Council.
22. Girls' Secondary Education Committee.
23. Committee for Secondary Education of the Educationally Backward Classes.
24. Finance Committee.
25. Recognition and Grants Committee.
26. Examinations Committee.
27-. Syllabus Committee.
--qt.:: Technical Education Committee.
29. Physical Education Committee.
30. Appeal Committee.
31. Other Committees.
32. Term of office of members of the Executive Council and of the Committee's.
CHAPTER IV.
FUNCTIONS OF THE BOARD AND THE EXECUTIVE COUNCIL.
Section.
33. Duty to make suitable provision for Secondary Education.
34. Development Plan.
35. Effect of Development Plan.
36. Powers of the Board.
37. Powers of the Executive Council.
38. Powers and duties of the President.
ii The West Bengal Secondary Education Act, 1950.
CHAPTER V.
Maim:Nos.
Section.
39. Meetings of the Board.
40. Meetings of the Executive Council.
CHAPTER VI.
FINANCE AND AUDIT.
41. Annual report and budget estimate.
42. Liability of the State Government.
43. Annual grant to the University of Calcutta.
44. Secondary Education Fund.
45. Application of the Secondary Education Fund.
46. Accounts.
47. Audit.
48. Audit report.
49. Disallowance, charge and certificate.
50. Objections to accounts.
51. Appeal.
52. Payment of certified sums.
CHAPTER VII.
SUPPLEMEATTAL PROVISIONS.
53. Board to furnish information.
54. Power of the State Government to suspend proceedings.
55. Power of the State Government to reconstitute the Board.
56. Certain persons to be deemed to be public servants.
57. Indemnity.
58. Powers of Tribunals.
59. Savings.
60. Special provisions for election by University.
61. Transitory provisions.
62. Power of the State Government to make rules.
West Bengal Act XXXVII of 1950
THE WEST BENGAL SECONDARY EDUCATION ACT,
1950.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Calcutta Gazette,
of the 18th May, 1950.]
An Act to provide for the regulation, control and development
of Secondary Education in West Bengal.
WHEREAS it is expedient to provide for the regulation, Preamble.
control and development of Secondary Education in West
Bengal;
It is hereby enacted as follows:—
CHAPTER I.
PRELIMINARY.
1. (1) This Act may be called the West Bengal Short
Secondary Education Act, 1950. titleextent
(2) It extends to the whole of West Bengal. and corn-
mence, (3) It shall come into force on such date as the State meat.
Government may, by notification, appoint.
2. In this Act, unless there is anything repugnant Defi
in the subject or context,— nitiong.
(a) "Board" means the Board of Secondary Education
established under this Act ;
(b) "by-law" means a by-law made by the Board under
this Act;
(c) "Education Department" means the Department of
Education of the State Government;
(d) "Education Directorate" means the Directorate of
Education of the State Government;
(e) "Executive Council" means the Executive Council
of the Board constituted under this Act;
(f) "Headmaster" means the head of the teaching staff
of a High School, by whatsoever name he may be
designated;
(g) "Headmistress" means the head of the teaching
staff of a High School for girls, by whatsoever
name she may be designated ;
(h) "High School" means a school or department of a
school giving instruction in Secondary Education;
(i) "Managing Committee" used in reference to High
Schools or other educational institutions includes
the Governors or the Governing Body of such
High Schools or educational institutions ;
(j) "notification" means a notification published in the
Official Gazette;
2 The West Bengal Secondary Education Act, 1950.
[West Ben. Act
(Chapter 11.—The Board.—Section 3.)
(k) "President" means the President of the Board;
(1) "Primary Education" means education imparted in
a Primary School as defined in any Bengal Act or
West Bengal Act or education equivalent thereto;
(m) "recognised", with its grammatical variations, used
with reference to schools, means recognised by the
Executive Council, under section 37, or, prior to
the first meeting of the Executive Council, by any
of the two following authorities, namely : —
(i) the University of Calcutta,
(ii) the Education Department,
whichever is appropriate in the particular case;
(n) "regulation" means a regulation made by the
Board under this Act;
(o) "rule" means a rule made by the State Govern-
ment under this Act ;
(p) "Secondary Education" means education suitable
to the requirements of all pupils who have
completed Primary Education and have not
qualified for admission to a certificate, diploma
or degree course instituted by a University or by
Government, and includes—
(i) general education,
(ii) technical education,
(iii) industrial education,
(iv) agricultural education,
(v) commercial education,
(vi) education for the physically handicapped,
(vii) education of the mentally retarded and defectives,
(viii) education in Reformatory schools and jails, and
(ix) such other types of vocational and special
education as the State Government may with
the concurrence of the Board direct :
Provided that the State Government may with the
concurrence of the Board by notification declare
any of the types of education referred to in
sub-clauses (ii) to (ix) not to be Secondary
Education for the purposes of this Act, and may
in like manner cancel any such declaration.
rasbablith-
iment and
tacorpora-
Con of the
Beard of
Secondary
Tan-
cation.
CHAPTER II.
THE BOARD.
3. (1) The State Government shall establish a Board
for the regulation, control and development of Secondary
Education in accordance with the provisions of this Act.
(2) The Board shall, by the name of the "Board of
Secondary Education", be a body corporate with perpetual
succession and a common seal, shall have, subject to the
The W est Bengal Secondary Education Act, 1950. 3
XxXv it of 1950.]
(Chapter 11.—The Board.—Section 4.)
Boca. Act
VII of
1930.
rules made by the State Government, power to acquire
and hold movable and immovable property, to transfer such
property when held by it, to contract, and to do all other
things necessary for the purposes of this Act, and shall by
the said name sue and be sued.
4. The Board shall consist of the following members :—
(1) the President, ex-officio;
(2) the Vice-Chancellor of the University of Calcutta,
ex-officio;
(3) the Director of Public Instruction, ex-officio;
(4) the Director of Industries, ex-officio;
(5) the Director of Agriculture, ex-officio;
(6) the Director of Health Services, ex-officio;
(7) the Youth Welfare Officer, ex-officio;
(8) the Principal, Bengal Engineering College, Sibpore,
ex-officio;
(9) the Principal, College of Engineering and Techno-
logy, Jadavpore, ex-officio;
(10) three officers of the Education Department appointed
by the State Government;
(11) eight persons elected by the Senate of the University
of Calcutta :
Provided that of the eight persons elected under this
clause not less than five shall be Principals or
Professors of Colleges affiliated to, or Professors
or Teachers of, the said University ;
(12) three Headmasters of recognised High Schools for
boys elected in the manner prescribed by regu-
lations by the Headmasters of such schools;
(13) one Headmistress of recognised High Schools for
girls elected in the manner prescribed by regula-
tions by the Headmistresses of such schools;
(14) two men teachers of recognised High Schools for boys
elected in the manner prescribed by regulations
by the teachers of such schools;
(15) one woman teacher of recognised High Schools for
girls elected in the manner prescribed by regula-
tions by the teachers of such schools;
(16) three members of Managing Committees of recognised
High Schools elected in the manner prescribed by
regulations by the members of such Managing
Committees;
(17) two persons elected in the manner prescribed by
regulations by District School Boards established
under the Bengal (Rural) Primary Education
Act, 1930;
(18) three representatives of the State Legislative
Assembly elected in the manner prescribed by
rules by and from the Members thereof ;
Composi-
tion of the
Board.
The West Bengal Secondary Education Act, 1950.
[West Ben. Act
(Chapter 11.—The Board.—Sections 5-7.)
(19) one person elected in the manner prescribed by rules
by the members of the West Bengal Board of
Anglo-Indian Education;
(20) one person elected in the manner prescribed by regu-
lations by the members of the Board of Technical
Education;
(21) one person elected in the manner prescribed by regu-
lations by the members of the Samsad of
Visvabharati;
(22) four persons having special or technical knowledge
from the education standpoint in agriculture,
industry and commerce, medicine, and teaching,
co-opted in the manner prescribed by regulations
by the members referred to in clauses (1) to (21);
and
(23) two women having special knowledge of women's
education, co-opted in the manner prescribed by
regulations by the members referred to in
clauses (1) to (21).
5. (1) If by such date as may be prescribed by rules
any electoral body specified in section 4 fails to make an
election under that section, the State Government shall by
notification call upon such electoral body to make the
election within a period to be specified in such notification,
and if the said electoral body fails to make the election
within the period so specified, the State Government shall,
in any vacancy resulting from such failure, appoint a
suitable person qualified for election by that body :
Provided that, where such body is the State Legislative
Assembly and where the said Assembly has been dissolved,
the State Government shall appoint such suitable person as
it thinks fit to hold office until the said Assembly is
reconstituted and three representatives are elected by the
Members thereof.
(2) A person appointed under this section shall be
deemed to be a member of the Board duly elected under
section 4.
Publi- 6. The name of every person elected, appointed or co-
cation of opted as a member of the Board shall be published by the names notification by the State Government as soon as may be ofth
members after his election, appointment or co-option, as the case may
of the be.
Board.
Appoint- 7. (1) During five years from the establishment of the
ment, Board, the State Government shall appoint any person it term of thinks fit as the President; and thereafter the President office and
salary of shall be appointed by the State Government from a panel of
the Pre- four persons elected by the Board in the manner prescribed
sident. by regulation.
(2) The term of office of the first President shall be five
years; and the term of office of a President appointed from a
panel as aforesaid shall be four years.
Appoint.
ment in
default of
election.
The West Bengal Secondary Education Act, 1950. 5
xXXvii 91 1950.]
(Chapter 11.—The Board.—Sections 8, 9.)
(3) Notwithstanding anything contained in sub-sect ion (2),
a President appointed to fill a vacancy occurring ibefoie the
expiry of the term of office of another President, shall hold
office for the residue of such term.
(4) The President shall cease to hold office if at any time
he becomes subject to any of the disqualifications referred to
in clauses (a) to (d) and in clause (f) of sub-section (1) of
section 9.
(5) The President may resign his office by giving notice
in writing to the State Government.
(6) the President shall receive such salary and
allowances, if any, from the Secondary Education Fund as
the State Government may determine.
8. (1) Subject to the provisions of this Act, an elected,
appointed or co-opted member of the Board, shall hold office
for a term of four years from the date on which his name
is published by notification under section 6, and may, on
expiration of such term, be re-elected, re-appointed or again
co-opted.
(2) Notwithstanding the expiration of the term of four
years specified in sub-section (1), an elected, appointed or
co-opted member of the Board an continue to hold office
until the vacancy caused by the expiration of the said term
has been filled accordance with the provisions of this Act.
9. (1) A person shall not be eligible for election,
appoint -merit or co-option as a member of the Board 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 for an offence which is
declared by the State Government to be an
offence involving moral turpitude, unless the
offence of which he was convicted has been
pardoned or unless five years have elapsed since
the date of his conviction ;
(e) does not possess the qualifications requisite for elec-
tion, appointment or co-option, as the case may
be; or
has not paid any sum certified by an auditor under
section 49 to be due from him in a certificate
which has not been set aside or, if such certificate
has been modified under section 51, has not paid
the sum shown in the modified certificate to be
due from him.
(I)
Term of
office of
elected,
appointed
or co-
opted
members
of the
Board.
Disquali-
fications
for mem-
bership.
Disputes
relating to
elections.
Resigna-
tion and
removal
of mem-
bers.
Casual
vacancies.
Temporary
and acting
arrange-
ments for
the office
of the
President.
6 The West Bengal Secondary Education Act, 1950.
[West Ben. Act
(Chapter 11.—The Board.—Sections 10-13.)
(2) The election, appointment or co-option of a person
who is, at the date of his election, appointment or co-option,
subject to any of the disqualifications specified in sub-
section (1), shall be invalid.
(3) If an elected, appointed or co-opted member of the
Board becomes after his election, appointment or co-option
subject to any of the disqualifications specified in sub-
section (1), his membership shall thereupon cease.
10. (1) If any question arises relating to the eligibility
of any person for election, appointment or co-option as a
member of the Board or to the manner in which such elec-
tion is held or such appointment or co-option is made or to
the eligibility of a member of the Board to retain his seat,
such question shall be referred-for decision to a Tribunal
consisting of three persons who ,L7e or have been judicial
officers not inferior in rank to a District Judge, appointed
by the State Government, one of whom shall be appointed
by the State Government as President of the Tribunal.
(2) The procedure followed by the Tribunal shall be such
as may be prescribed by rules.
(3) The decision of the Tribunal under sub-section (1)
shall be final and no suit or proceedings shall lie in any
Court in respect of any question which may be referred to
or decided by the Tribunal under that sub-section.
11. (1) An elected, appointed or co-opted member of
the Board may resign his seat by giving notice in writing
to the President, and when such resignation is accepted by
the Board, such member shall be deemed to have vacated
his seat.
(2) The State Government may, by notification, remove
any elected, appointed or co-opted member of the Board
who, without the consent of the Board, fails to attend three
consecutive meetings of the Board.
12. When the seat of an elected, appointed or co-opted
member of the Board becomes vacant by reason of his dis-
qualification, resignation, removal or death, the vacancy
shall be filled by election, appointment or co-option, as the
case may be, in the manner provided in section 4, and the
member so elected, appointed or co-opted shall, subject to the
provisions of sections 9 and 11, retain his seat for the residue
of the term of office of the member in whose place he is
elected, appointed or co-opted.
13. (1) If the President is, by reason of leave, illness
or other cause, temporarily unable to exercise the powers or
perform the duties of his office, the Board shall forthwith
report such fact to the State Government and the Vice-
President, or if the Vice-President is likewise unable or
there is a vacancy in the office of the Vice-President, a
member appointed by the State Government in this
behalf, shall exercise the powers and perform the duties of
the office of the President.
The West Bengal Secondary Education Act, 1950. 7
XXXVII of 1950.]
(Chapter 11.—The A1oard.—Sections 14-17.)
(2) If any vacancy occiris in the office of the President
by reason of his resignatioa, disqualification, death or the
expiration of his term of office, the Vice-President, or if
there is a vacancy in the office of the Vice-President, a
person appointed by the State Government in this
behalf, shall act as President, until a new President as
appointed or until the expiration of six months from the
date of the vacancy in the office of the President, whichever
is earlier.
(3) A person appointed,' to act under sub-section (2) as
President shall, during the period of such appointment,
exercise all the powers and. perform all the duties conferred
or imposed upon the President by or under this Act.
14. (1) The Board shall, as soon as may be after its Election of
establishment and thereafter at each annual meeting, elect vice-
one of its members to be the Vice-President. President.
(2) The Vice-President shall hold office until the annual
meeting next following his election and shall be re-eligible
for election.
(3) If a vacancy occurs in the office of the Vice-Presi-
dent during the term of his office, another member of the
Board shall be elected as Vice-President for the residue of
such terra:
(4) The Vice-President may resign his office by giving
notice in writing to the President, and when such resigna-
tion is accepted by the Board, the Vice-President shall be
deemed to have vacated his office.
15. The President, or in his absence the Vice-President,
or in the absence of both the President and the Vice-
President, one member elected from among those present,
shall preside at every meeting of the Board, and shall be
entitled to vote on any matter and shall have and exercise
a second or casting vote in every case of equality of votes.
16. Subject to such conditions as may be prescribed
by regulations, the President may at any time, by an order
in writing, delegate all or any of the powers conferred upon
him by or under this Act to the Vice-President, and may
in like manner cancel any such order of delegation.
17. (1) No member of the Board shall vote on any
matter considered by the Board in respect of which (other-
wise than in the general application thereof to all High
Schools) he has any personal or pecuniary interest or any
High School of which he is either a teacher or a member of
the Managing Committee, has any pecuniary interest.
(2) The member presiding at a meeting of the Board shall
decide any question arising under sub-sectic -,7•' (1\ and his
deciaion shall be final.
Conduct of
meetings.
Delegation
of powers.
Res-
triction
on voting.
Executive
Council
and Com,
mittees.
Consti-
tution of
the
Executive
Council.
Persons
in the
service
of the
Board.
Travelling
and
halting
allow-
ances.
8 The W est Bengal secondary Education Act, 1950.
[West Ben. Act
(Chapter 11.—The Board.—Chapter 111.—The Executive
Council and the Committee,s.—Sections 18-21.)
18. The Board shall appoint a Secretary and such
other persons as it considers necessary for the purpose of
exercising its powers and performing its duties under this
Act, and shall pay the Secretary aad such other persons such
salaries and allowances as may be determined by regula-
tions and shall also determine by regulations the conditions
of their service.
19. Such members of the Board, the Executive Council
and any Committee constituted .inder this Act as are not
persons in the service of the State Government and the
Secretary and other persons appointed by the Board, shall,
in respect of expenses incurred by them in attending
meetings of the Board, the Executive Council or any such
Committee of the Board or in exercising the powers or
performing any duties conferred or imposed upon them by
or under this Act, be paid by the Board travelling allowance
and halting allowance at such rates as may be determined
by regulations.
CHAPTER III.
THE EXECUTIVE COUNCIL AND THE COMMITTEES.
20. The Board shall constitute an Executive Council
and the Committees as specified below—
(a) Girls' Secondary Education Committee;
(b) Committee for the Secondary Education of the
Educationally Backward Classes;
(c) Finance Committee;
(d) Recognition and Grants Committee;
(e) Examinations Committee;
(f) Syllabus Committee ;
(g) Technical (Commercial and Agricultural) Educa-
tion Committee;
(h) Physical Education Committee;
(i) Appeal Committee.
21. (1) The Executive Council shall consist of the
following members—
(a) the President, ex-officio;
(b) the Director of Public Instruction, ex-officio;
(c) two persons in the service of the State Govern-
ment appointed by the State Government;
(d) three persons elected by the Senate of the University
of Calcutta, from among the members of the
Board specified in clause (11) of section 4;
The West Bengal Secondary Education Act, 1950.
XXXVII Of 1950.]
(Chapter 111.—The Executive Council and the Committees.—
Section 22.)
(e) one representative of the State Legislative
Assembly elected by the Board in the manner
prescribed by regulations from among the mem-
bers of the Board specified in clause (18) of
section 4;
one woman member of the Board elected by the
Board in the manner prescribed by regulations;
(g) two persons elected by the Board in the manner
prescribed by regulations from among the
members of the Board, specified in clauses (12)
to (15) of section 4;
(h) one person elected by the Board in the manner
prescribed by regulations from among the
members of the Board, specified in clause (16)
of section 4;
(i) one person elected by the Board in the manner
prescribed by regulations from among the
members of the Board, specified in clause (17) of
section 4 ; and
(j) three persons elected by the Board in the manner
prescribed by regulations from among the
members specified in clauses (8) and (9) and
clauses (19) to (23) of section 4.
(2) The President shall be the Chairman of the Executive
Council.
22. (1) The Girls' Secondary Education Committee Girls'
shall consist of the following members— Secondary
Education
(a) the women members of the Board, ex-officio; Com-
mittee.
(b) two Principals of Government Colleges for women,
appointed by the State Government;
(c) three Principals, elected in the manner prescribed
by regulations, by and from the Principals of
Colleges for women, not being Government
Colleges;
one woman elected by the West Bengal Board of
Anglo-Indian Education in the manner prescrib-
ed by rules;
(e) five women elected by the Board in the manner
prescribed by regulations of whom three shall be
Headmistresses and two shall be teachers (not
being Headmistresses) of recognised High Schools
for girls :
Provided that of the three Headmistresses, one shall be
the Headmistress of a Government High School
for girls; and
(/) two women co-opted in the manner prescribed by
regulations by the members referred to in sub-
clauses (a) to (e).
(d)
10 The West Bengal Secondary Education Act, 1950.
[West Ben. Act
(Chapter I11.—The Executive Council and the Committees.---
Sections 23, 24.)
(2) The Board shall appoint a member of the Committee
to be its Chairman.
(3) It shall be the duty of the Committee to advise the
Board and the Executive Council on all matters relating to
the education of girls in High Schools.
23. (1) The Committee for Secondary Education of the
Educationally Backward Classes shall consist of the follow-
ing members—
(a) six persons who may or may not be members of the
Board but who shall be members of the Educa-
tionally Backward Classes and of whom at least one
shall belong to the tribal people, elected by the
Board in the manner prescribed by regulations;
three members of the Educationally Backward Classes
appointed by the State Government;
two officers of the Education Department, appointed
by the State Government, of whom one shall
be an officer of the Education Directorate dealing
with education of the Educationally Backward
Classes.
(2) The Board shall appoint a member of the Committee
to be its Chairman.
(3) It shall be the duty of the Committee to advise
the Board and the Executive Council on all matters relating
to the education of members of the Educationally Backward
Classes including the tribal people.
(4) The State Government shall from time to time
decide which classes of people shall for the purpose of this
Act be regarded as members of the Educationally Backward
Classes or as belonging to the tribal people, and such decision
shall be conclusive and shall not be open to any objection.
Finance 24. (I) The Finance Committee shall consist of the
Committee. following members—
(a) the President, ex-officio;
(b) the Director of Public Instruction or a person in the
service of the State Government nominated
by him, ex-officio;
four members of the Board, elected by the Board
in the manner prescribed by regulations; and
a person who shall be an expert in financial matters
appointed by the State Government.
(2) The President shall be the Chairman of the
Committee.
(3) It shall be the duty of the Committee to prepare the
budget of the Board and to perform such other functions as
the Board may direct
Com-
mittee for
Secondary
Education
of the
Education
ally Back.
ward
Classes.
(b)
(c)
(c)
(d)
The West Bengal Secondary Education Act, 1950. 11
XXXV11 of 1950.]
(Chapter III.—The Executive Council and the Committees.—
Section 25.)
25. (L) The Recognition and Grants Committee shall Recog.: consist of the following members— nition and
Grants (a) the President, ex-officio; Committee.
(b) the Director of Public Instruction, ex-officio;
(c) the Vice-Chancellor of the University of Calcutta,
ex-officio;
(d) three persons appointed by the State Government;
(e) two persons elected by the Senate of the University
of Calcutta, of whom one shall be a Principal or
a Professor of a College affiliated to the University
or a Professor or a Teacher of the said
University ;
(f) two persons elected by the Board in the manner
prescribed by regulations from among the
members of the Board specified in clauses (12) to
(15) of section 4;
(g) two members of Managing Committees of recognised
High Schools elected by the Board in the manner
prescribed by regulations from among the
members of the Board specified in clause (16) of
section 4;
(h) three persons elected by the Board in the manner
prescribed by regulations from among the
members specified in clauses (8) and (9) and
clauses (19) to (23) of section 4:
Provided that of the three persons so elected, one shall
be a woman.
(2) The President shall be the Chairman of the
Committee.
(3) It shall be the duty of the Committee to—
(a) make recommendations to the Executive Council
concerning the recognition or withdrawal of recog-
nition of High Schools ;
(b) advise the Executive Council on all matters con-
cerning the recognition of High Schools;
(c) determine, in accordance with such regulations as
may be made in this behalf, the amounts of
grants-in-aid to be given to individual High
Schools ;
(d) make recommendations to the Executive Council,
in accordance with. such regulations as may be
made in this behalf, concerning the withdrawal of
the grants-in-aid from any High School;
(e) report to the Executive Council—
(i) all new grants-in-aid of which amounts have
been determined by the Committee;
(ii) all changes in the amounts of existing grants-
in-aid determined by the Committee;
12 The West Bengal Secondary Education Act, 1950.
(West Ben. Act
Exami-
nations
Corn-
mittea.
(Chapter 111.—The Executive Council and the Committees.—
Section 26.)
(f) advise the Executive Council on all matters con-
cerning grants-in-aid to High Schools :
Provided that the Executive Council may revise any
decision of the Committee concerning the amount
of any grant-in-aid to be given to a High
School, if not less than two-thirds of the members
present and voting are in favour of such revision.
26. (1) The Examinations Committee shall consist of the
following members—
(a) the President, ex-officio;
(b) the Vice-Chancellor of the University of Calcutta,
ex-officio;
(c) the Director of Public Instruction, ex-officio;
(d) the Chief Inspector of Women's Education,
ex-officio;
(e) the member of the Board specified in clause (19) of
section 4;
(I) the member of the Board specified in clause (20) of
section 4;
(g) two persons elected by the Board in the manner
prescribed by regulations from among the
members of the Board specified in clause (11) of
section 4;
one woman member of the Board elected by the
Board in the manner prescribed by regulations;
and
(i) three members of the Board elected by the Board in
the manner prescribed by regulations, of whom
at least one shall be a member of the Board
specified in clauses (12) to (1.5) of section 4, and
at least one shall be a member of the Board
specified in clauses (21) to (23) of section 4.
(2) The President shall be the Chairman of the
Committee.
(3) It shall be the duty of the Committee to arrange for
the holding of the examinations referred to in clause (f)
of sub-section (1) of section 37 and such duties shall, notwith-
standing anything elsewhere contained in this Act, include—
(a) the appointment of Paper Setters, Moderators,
Examiners, Tabulators, Supervisors and Invigila-
tors for such examinations;
(b) the consideration and determination of the results
of such examinations;
(c) the power to disqualify candidates presenting them-
selves for examinations for any reason which the
Committee considers to be adequate; and
(d) the fixing of centres for such examinations.
(h)
The West Bengal Secondary Education Act, 19.50. 13
XXXVil of 1950.]
(Chapter 111.—The Executive Council and the Committees.—
Section 27.)
(4) The Committee shall make recommendations to the
Executive Council concerning—
(a) the rates of remuneration to be paid to the Paper
Setters, Moderators, Tabulators and Examiners
for such examinations;
(b) the fees to be paid by candidates for such examina-
tions;
(c) the fees (if any) to be paid to any persons connected
with the holding of such examinations including
the Invigilators and Supervisors of such examina-
tions;
{d) any matters relating to such examinations which
may be referred to it for advice by the Executive
Council :
Provided that the Committee shall not make any recom-
mendation on any matter affecting the education of girls in
recognised High Schools except upon consideration of a
report to be called for from, and submitted by, the Girls'
Secondary Education Committee, and on any matter affect-
ing technical, commercial or agricultural education except
upon consideration of a report to be called for from, and
submitted by, the Technical Education Committee.
(5) The Committee may appoint such Sub-Committees
as it considers necessary to advise it upon any matter
relating to any examination held by the Executive Council,
and it shall not be necessary for any member of such a Sub-
Committee to be a member of the Board and of the
Committee.
27. (1) The Syllabus Committee shall consist of the
following members—
(a) the President, ex-officio;
(b) the President of the Council of Post-Graduate
Teaching in Arts, University of Calcutta,
ex-officio;
(c) the President of the Council of Post-Graduate
Teaching in Science, University of Calcutta,
ex-officio;
(d) the Head of the Department of Education,
University of 'Calcutta, ex-officio;
(e) the Principal of the David Hare Training College,
Calcutta, ex-officio;
(f) the Principal, Bengal Engineering College, Sibpore,
ex-officio;
the Principal, College of Engineering and Techno-
logy, Jadavpore, ex-officio;
(h) two Principals of Trainine , Colleges, one of whom
shall be a woman, elected by the Executive
Council, in the manner prescribed by regulations;
(g)
Syllabus
Committee.
14 The West Bengal Secondary Education Act, 1950.
[West Ben. Act
(Chapter 111.—The Executive Council and the Committees.—
Section 27.)
four persons elected by the Board in the manner
prescribed by regulations from among the
members of the Board specified in clause (11) of
section 4 of whom two shall be Principals or
Professors of Colleges affiliated to, or Professors
or Teachers of, the University of Calcutta;
two persons elected by the Board in the manner
prescribed by regulations from the members of
the Board specified in clauses (12) to (15) of
section 4, of whom one shall be a woman;
(k) two persons elected by the Board in the manner
prescribed by regulations, who have special
knowledge of scientific and technical education,
and who may or may not be members of the
Board;
two persons elected by the Board in the manner
prescribed by regulations from among the
members of the Board of whom one shall be a
woman.
(2) The President shall be the Chairman of the
Committee.
(3) It shall be the duty of the Committee to--
(a) make recommendations to the Executive Council
about the curriculum and syllabus of studies to
be followed in recognised High Schools and for
examinations referred to in clause (f) of sub-
section (1) of section 37;
(b) advise the Executive Council about the text-books to
be used in recognised High Schools and for
examinations referred to in clause (f) of sub-
section (1) of section 37 and about the publication.
of such text-boOks by the Executive Council;
advise the Executive Council about any matters
relating to such curriculum and syllabus
and publications as may be ref erred to it by the
Executive Council:
Provided that the Committee shall not make any recom-
mendation on any matters affecting the education of girls
in recognised High Schools except upon consideration of a
report to be called for from, and submitted by, the Girls'
Secondary Education Committee and on any matter affecting
technical, commercial or agricultural education except
upon consideration of a report to be called for from, and sub-
mitted by, the Technical Education Committee.
(4) The Committee may appoint any Sub-Committees as
it considers necessary to advise it upon any matter relating
to the drawin g up of the syllabus of studies and the prepara-
tion of test-books and it shall not be necessary for any
member of such a Sub-Committee to be a member of the
Board or of the Committee.
(i)
(1)
(1)
(c)
The West Benoal Secondary Education A ct,1950. 15
XXXVII of 1950.]
(Chapter 111.—The Executive Council and the Committees.—
Sections 28, 29.)
28. (1) The Technical Education Committee shall consist
of the following members—
(a) the President, ex-officio;
(b) the Principal, Bengal Engineering College, Sibpore,
ex-officio;
(c) the Principal, Colle ge of Engineering and Techno-
logy, Jadavpore, ex-officio;
(d) the Director of Industries, ex-officio;
(e) the Director of Agriculture, ex-officio;
(f) The Chief Inspector of Technical Education, ex-
officio ;
(g) two persons belonging to the technical branch of
the Defence Services, appointed by the State
Government in consultation with the Government
of India ;
(h) two persons appointed by the Board who are big
. employers of skilled or semi-skilled personnel;
(i) two members of the Board having special or techni-
cal knowledge from the educational standpoint
in agriculture, industry and commerce, and
health, elected by the Board in the manner
prescribed by regulations;
(j) one woman appointed by the Board having special
knowledge of arts and crafts having relation to
education of girls.
(2) The President shall be the Chairman of the
Committee.
(3) It shall be the duty .of the Committee to advise the
Board and the Executive Council on all matters relating to
technical, agricultural and commercial education.
29. (1) The Physical Education Committee shall consist
of the following members—
(a) the President, ex-officio;
(b) the Youth Welfare Officer, ex-officto ;
(0) the Woman Assistant Youth Welfare Officer,
ex-officio;
a person nominated by the Syndicate of the Univer-
sity of Calcutta;
one member of the State Advisory Council of
the National Cadet Corps appointed by the State
Government;
three persons interested in physical education
appointed by the State Government. '
(2) The President shall be the Chairman of the
Committee.
(3) It shall be the duty of the Committee to advise the
Board on all matters relating to physical education and
training.
(d)
(e)
(1)
Technical
Education
Com-
mittee.
Physical
Education
Committee.
16 The West Bengal Secondary Education Act, 1950.
[West Ben. Act
(Chapter 111.—The Executive Council and the Committees.—
Sections 30-32.)
Appeal 30. (1) The Appeal Committee shall consist of the
Committee. following members—
(a) the President, ex-officio;
(b) the Vice-President, ex-officio;
(c) a person nominated by the Syndicate of the Univer-
sity of Calcutta ;
(d) a person in the service of the State Govern-
ment belonging to the Education Department;
(e) a teacher elected by the Board in the manner
prescribed by regulations from among the
members of the Board specified in clauses (112) to
(15) of section 4; and
(f) a member of a Managing Committee of a recognised
High School elected by the Board in the manner
prescribed by regulations from among the members
of the Board specified in clause (16) of section 4.
(2) The President shall be the Chairman of the Committee.
(3) It shall be the duty of the Committee to hear and
determine appeals from decisions in disputes between teachers
and Managing Committees of High Schools, referred to the
Committee in accordance with regulations made in this
behalf.
31. (1) The Board may constitute such other Com-
mittees as it thinks fit subject to the approval of the
State Government, and such Committees may be wholly
or in part composed of members of the Board.
(2) With the approval of the State Government
the Board may delegate to any such other Committee any
powers conferred upon the Board by or under this Act,
and may in like manner withdraw any such delegation.
Term of
office of
members of
the Execu-
tive Coun-
cil and of
the Com-
mittees.
32. (1) Subject to the provisions of this Act, an elected,
appointed or co-opted member of the Executive Council or
of a Committee constituted under this Act, who is also a
member of the Board, shall continue to hold office until his
resignation or death or until he is removed or becomes dis-
qualified :
Provided that the term of office of such a member shall
terminate with effect from the date on which he ceases to be
a member of the Board.
(2) An elected, appointed or co-opted member of the
Executive Council or of a Committee constituted under
this Act, who is not a membei of the Board, shall, subject
to any other provisions of this Act, hold office for such term
as may be prescribed by regulations in this behalf, and may
on expiration of such term be re-elected, re-appointed or co-
opted again :
Other
Com-
mittees.
The West Bengal Secondary Education Act, 1950. 17
XXXVII of 1950.]
(Chapter 1V.—Functions of the Board and the Executive
Council.-33, 34.)
Provided that, notwithstanding the expiration of the
term so prescribed, an elected, appointed or co-opted mem-
ber of the Executive Council or of such a Committee shall
continue to hold office until the vacancy caused by the
expiration of the said term has been filled in accordance
with the provisions of this Act.
(3) When the seat of an elected, appointed or co-opted
member of the Executive Council or of a Committee con-
stituted under this Act becomes vacant by reason of his ceas-
ing to be a member of the Board or by reason of his dis-
qualification, resignation, removal or death, the vacancy
thus caused shall be filled by a fresh election, appointment
or co-option, as the case may be, and in the case of a member
of such a Committee, whose term of office as a member of
such Committee is limited by or under the provisions of this
Act, a person elected, appointed or co-opted in such a
vacancy shall hold office during only the remainder of the
term of office of the member in whose place he is elected,
appointed or co-opted.
(4) The provisions of sections 9 and 11 shall apply
mutatis mutandis to members of the Executive Council or
of a Committee constituted under this Act.
CHAPTER IV.
FUNCTIONS OF THE BOARD AND THE EXECUTIVE COUNCIL.
33. (1) It shall be the duty of the Board to take such
measures from time to time as it deems necessary for mak-
ing suitable provision for Secondary Education throughout
the State.
(2) In taking such measures, the Board shall, in parti-
cular, have regard to the number, character and equipment
of the High Schools, the variety of training, including prac-
tical training offered therein, the suitability of such train-
ing to the needs, abilities and aptitudes of pupils thereof
and the requirements of such pupils as to boarding accom-
modation.
(3) Nothing in this section shall affect the provisions of
the next two succeeding sections.
34. (1) The Board shall, within two years from the
establishment of the Board or within such further time as
may be allowed by the State Government, prepare and submit
to the State Government an estimate of the immediate and
prospective needs of the State as regards Secondary
Education and shall, from time to time, in respect of any
area, where in its opinion suitable provision for Secondary
Education is not available, submit to the State Govern-
ment a plan (in this Act called the Development Plan) in
such form as may be prescribed by rules, showing the
measures the Board proposes to take for the development of
Secondary Education in that area.
Duty to
make
suitable
provision
for
Secondary
ducation.
Develop-
meat
Plan.
18 The West Bengal Secondary Education Act, 1950.
[West Ben. Act
(Chapter 117.—Functions of the Board and the Executive
Council.—Section 34.)
(2) The Board, in framing the Development Plan of an
area, shall have regard to and specify —
(a) the number, situation, nature and suitability of the
existing High Schools;
(b) what additional High Schools, if any, and of what
nature, will be required for the area and the loca-
tion of such schools;
(c) which High Schools, if any, recognised either tem-
porarily or permanently by the University of
Calcutta shall cease to be recognised by the
Board, giving reasons for such recommenda-
tions;
(d) the arrangements made and proposed to be made by
the Board for the provision of boarding accom-
modation attached to High Schools;
(e) what other measures, if any, the Board proposes to
take to secure better facilities for Secondary
Education ; and
(f) such other particulars of the proposals of the Board
with respect to High Schools as the Board thinks
necessary or as the State Government may
require.
(3) The Board shall, before submitting its Develop-
ment Plan to the State GoveExcerpt shown. Open the full act in Lexace.