Notification, 1982

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

GOVERNMENT OF WEST BENGAL

LEGISLATIVE DEPARTMENT

West Bengal Act XXXII of 1979

THE WEST BENGAL BOARD OF

SECONDARY EDUCATION

(AMENDMENT) ACT, 1979.

[Passed by the West Bengal Legislature.] West Ben.

Act V of [Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 2nd November, 1979.] [2nd November, 1979.] An Act to amend the West Bengal Board of Secondary Education Act, 1963.

WHEREAS it is expedient to amend the West Bengal Board of Secondary Education Act, 1963, for the purposes and in the manner hereinafter appearing;

It is hereby enacted in the Thirtieth Year of the Republic of India, by the Legislature of West Bengal, as follows:-

1. This Act may be called the West Bengal Board of Secondary Short title. Education (Amendment) Act, 1979.

2. In section 2 of the West Bengal Board of Secondary Education Amendment Act, 1963 (hereinafter referred to as the principal Act),— of section 2 of West Ben.

Act V of

(i) after clause (a), the following clause shall be inserted:— 1963. `(aa) "by-law" means a by-law made by the Executive Committee under this Act;';

(ii) for clause (c), the following clause shall be substituted:— `(c) "Institution" means a Secondary School or an educational Institution or part or department of such school or Institution imparting instruction in Secondary Education;".

The West Bengal Board of Secondary Education (Amendment) Act, 1979.

[West Ben. Act (Section 3.) Substitution 3. For section 4 of the principal Act, the following section shall be of new section for substituted:— section 4.

"Composition 4. The Board shall consist of the following members:— of the Board.

(I) the President;

(2) the President of the West Bengal Council of Higher Secondary

(3) the Director of Secondary Education, Government of West

(4) the Director of Primary Education, Government of West

(5) the Director of Technical Education, Government of West

(6) the Deputy Director of Secondary Education (for women), Government of West Bengal, ex officio;

(7) the Deputy Director of Secondary Education (I), Government of West Bengal, ex officio;

(8) two persons elected in the manner prescribed from amongst the teaching staff of training colleges for teachers of Secondary Schools affiliated to or recognised by any of the Universities in West Bengal;

(9) the Dean of the Faculty of Arts and the Dean of the Faculty of Science of the Calcutta University, ex officio;

(10) the Dean of the Faculty of Engineering and Technology, Jadavpur University, ex officio;

(II) the Adhyaksha, Kala Bhaban, Viswa Bharati, Santiniketan, ex officio;

(12) a Dean nominated by each of the Universities of Burdwan, Kalyani and North Bengal and the Bidhan Chandra Krishi Viswa Vidyalaya;

(13) one person nominated by the Madrasha Education Board from amongst the members of the Madrasha Education Board;

(14) (a) two heads of recognised Secondary Schools nominated by the State Government;

(b) thirty-two wholetime and permanent members of the teaching staff of recognised Secondary Schools elected in the manner prescribed;

The West Bengal Board of Secondary Education (Amendment) Act, 1979.

XXX11 of 1979.] (Sections 4-7.)

(15) two representatives of the West Bengal Legislative Assembly elected in the manner prescribed;

(16) five persons interested in education nominated by the State Government, one of whom shall be a woman and at least one shall be a member of the Managing Committee of a recognised Institution;

(17) one person elected by the employees of the Board from amongst themselves in the manner provided by regulations;

and

(18) (a) one wholetime and permanent member of the teaching staff of primary schools recognised by the District School Board or the Director of Public Instruction or the Director of Primary Education, nominated by the State Government;

(b) one wholetime and permanent member of the teaching staff of colleges affiliated to any of the Universities in West Bengal nominated by the State Government".

4. In sub-section (1) of section 12 of the principal Act, for the words Amendment "Regional Examination Council", wherever they occur, the words "Regional of section 12.

Council" shall be substituted.

5. In the heading under Chapter III of the principal Act, for the words Amendment "Regional Examination Councils", the words "Regional Councils" shall heading be substituted. under Chapter III.

6. After clause (a) of section 18 of the principal Act, the following Amendment clause shall be inserted:— of section 18.

"(aa) the Executive Committee;".

7. In section 19 of the principal Act,— Amendment of section 19.

(a) for sub-section (1), the following sub-section shall be substituted:— "(1) The Recognition Committee shall consist of the following members:—

(a) the President;

(b) the Director of Secondary Education, Government of West Bengal, ex officio;

The West Bengal Board of Secondary Education (Amendment) Act, 1979.

[West Ben. Act (Section 8.)

(c) four persons elected by the Board in the manner provided by regulations from amongst the members referred to in clause (14), clause (15) and clause

(16) of section 4;

(d) the Deputy Director of Secondary Education (for women), Government of West Bengal, ex officio;

and

(e) the Deputy Director of Secondary Education (I), Government of West Bengal, ex officio."; and

(b) in sub-section (3), for the words "the Board", in the two places where they occur, the words "the Executive Committee" shall be substituted.

Insertion of new section

I 9A.

8. After section 19 of the principal Act, the following section shall be inserted:— "Executive Committee.

(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) 19A. (1) The Executive Committee shall consist of the following members:— the President;

the Director of Secondary Education, Government of West the Director of Primary Education, Government of West the Deputy Director of Secondary Education (I), Government of West Bengal, ex officio;

the Deputy Director of Secondary Education (for Women), Government of West Bengal, ex officio;

five persons elected by the Board in the manner provided by regulations from amongst the members referred to in clauses (8), (9), (10), (11), and (12) of section 4;

five persons elected by the Board in the manner provided by regulations from amongst the members referred to in clause (14) of section 4;

one person elected by the Board in the manner provided by regulations from amongst the members referred to in clause (15) of section 4;

two persons elected by the Board in the manner provided by regulations from amongst the members referred to in clause

(16) and clause (18) of section 4;

member referred to in clause (17) of section 4;

The West Bengal Board of Secondary Education (Amendment) Act, 1979.

XXXII of 1979.] (Section 8.)

(2) The President shall be the Chairman of the Executive Committee and the Secretary to the Board shall be the Secretary to the said Committee.

(3) It shall be the duty of the Executive Committee to—

(a) advise the Board on all matters relating to development of Secondary Education;

(b) take such steps as may be necessary to carry out, as directed by the Board, the policy in accordance with the provisions of this Act;

(c) subject to any orders of the State Government in regard to the number, location and manner of selection—

(i) grant or refuse recognition to Institutions, and

(ii) withdraw recognitions granted to Institutions, after considering the recommendation of the Recognition Committee and in accordance with such regulations as may be made by the Board in this behalf;

(d) (i) amalgamate two or more Institutions into one Institution,

(ii) split one Institution into two or more Institutions, and

(iii) shift an Institution from one site to another, in accordance with such regulations as may be made by the Board in this behalf;

(e) (i) supervise the functions of the managing committees,

(ii) approve or withhold approval of the constitution of the managing committees,

(iii) approve special constitution of the managing committees in accordance with such regulations as may be made by the Board,

(iv) supersede a managing committee and appoint Administrator to manage the affairs of an Institution;

maintain a register of recognised Institutions;

provide by by-laws after considering the recommendations, if any, of the Syllabus Committee, the syllabus, the courses of studies to be followed and books to be studied in recognised Institutions and for examinations instituted by the Board in accordance with such regulations as may be made by the Board;

(h) undertake, if necessary, with the approval of the State Government, the preparation, publication or sale of text- books and other books for use in recognised Institutions;

(g) The West Bengal Board of Secondary Education (Amendment) Act, 1979.

[West Ben. Act (Section 9.)

(i) (a) maintain and publish lists of books approved for use in recognised Institutions and for examinations instituted by the Board, and

(b) revise such lists from time to time;

(j) make by-laws regarding the conditions to be fulfilled by candidates presenting themselves for examinations instituted by the Board;

(k) provide by by-laws, after considering the recommendations, if any, of the Examinations Committee and the Regional Councils, the rates of remuneration to be paid to paper- setters, moderators, tabulators, examiners, invigilators, supervisors and other persons employed in connection with the examinations instituted by the Board and fees to be paid by candidates for such examinaitons;

(1) (i) grant permission to candidates to appear at the examinations instituted by the Board, and

(ii) refuse or withdraw such permission, if it thinks fit, in accordance with such by-laws as may be made by it in this behalf.

(4) The Executive Committee shall submit to the Board quarterly reports on the action taken by it on matters specified in this section and such other reports, returns, statements and information on any matter relating to the duties of the Executive Committee as the Board may require from time to time.

(5) Subject to the provisions of sub-sections (3) and (4), the Executive Committee shall have the power to make by-laws, in respect of matters referred to in clauses (g), (j), (k) and (1) of sub-section (3).

(6) No by-law shall be valid unless it is approved by the State Government. The Executive Committee shall submit by-law to the Board and the Board shall examine the same and submit the by-law to the State Government with its report. The State Government, after considering the report of the Board, may approve the by-law and, if necessary, make such additiCins, alterations or modifications as it thinks fit.

(7) All by-laws approved by the State Government shall be published in the Official Gazette.".

Amendment of section 20.

9. In section 20 of the Principal Act,—

(1) for sub-section (1), the following sub-section shall be substituted:- The West Bengal Board of Secondary Education (Amendment) Act, 1979.

XXXII of 1979.] (Section 10.) "(1) The Syllabus Committee shall consist of the following members:—

(a) the President;

(b) the Dean of the Faculty of Arts of the University of

(c) the Dean of the Faculty of Science of the University of Calcutta, ex officio;

(d) a Dean nominated by each of the Universities of Burdwan, Kalyani and North Bengal;

(e) the Dean of the Faculty of Engineering, Jadavpur

(f) one person elected by the Board in the manner provided by regulations from amongst the members referred to in clause (8) of section 4;

(g) five persons elected by the Board in the manner provided by regulations from amongst the members referred to in clause (14) of section 4;

(h) three persons having special knowledge of scientific or technical education, who may or may not be members of the Board, elected by the Board in the manner provided by regulations.";

(2) in sub-section (3),—

(a) in clause (a), for the words "the Board", the words "the Executive Committee" shall be substituted; and

(b) in clause (b), for the words "the Board", wherever they occur, the words "the Executive Committee" shall be substituted; and

(3) in sub-section (4), for the words "the Board", the words "the Executive Committee" shall be substituted.

10. In section 21 of the principal Act,—

(1) for sub-section (1), the following sub-section shall be substituted:— "(1) The Examinations Committee shall consist of the following members:—

(a) the President;

(b) the Director of Secondary Education, Government of West Bengal, ex officio;

Amendment of section 21.

The West Bengal Board of Secondary Education (Amendment) Act, 1979.

[West Ben. Act (Section 11.)

(c) one person nominated by the State Government from amongst the members of the Board referred to in clauses (9), (10), (11), and (12) of section 4;

(d) one person elected by the Board in the manner provided by regulations from amongst the members referred to in clauses (9), (10), (11), and (12) of section 4;

(e) the Director of Technical Education, Government of West Bengal, ex officio; and

(f) the Deputy Director of Secondary Education (I), Government of West Bengal, ex officio.";

(2) for sub-section (4), the following sub-section shall be substituted:— "(4) The Examinations Committee shall advise—

(a) the Executive Committee on—

(i) the rates of remuneration to be paid to the paper-setters, moderators, tabulators, examiners, invigilators, supervisors and other persons employed in connection with examinations,

(ii) the fees to be paid by the candidates for examinations; and

(b) the Board on any matter relating to examinations which may be referred to it for advice by the Board."; and

(3) in sub-section (5), for the words "of the Examinations Committee or of the Board", the words "of the Examinations Committee or the Executive Committee or the Board" shall be substituted.

Amendment of section 22.

11. In section 22 of the principal Act,—

(a) for sub-section (1), the following sub-section shall be substituted:— "(1) The Appeal Committee shall consist of the following members:—

(a) three persons elected by the Board in the manner provided by regulations from amongst the members referred to in clause (14) of section 4;

The West Bengal Board of Secondary Education (Amendment) Act, 1979.

XXXII of 1979.] (Sections 12-15.)

(b) a person nominated by the State Government from amongst the members of the judicial service of the State Government;

(c) the Director of Secondary Education, Government of West Bengal, ex officio;

(d) a member of a managing committee of a recognised Institution nominated by the President."; and

(b) in sub-section (2), for the words "The President", the words "The person referred to in clause (b) of sub- section (I )" shall be substituted.

12. In section 25 of the principal Act and in the marginal note to that Amendment section, for the words "Regional Examination Councils", wherever they of section 25.

occur, the words "Regional Councils" shall be substituted.

13. In section 26 of the principal Act, in sub-section (3), for the words "Regional Examination Council" wherever they occur, the words "Regional Council" shall be substituted.

14. In the heading under Chapter IV of the principal Act, for the word "functions", the word "duties" shall be substituted.

15. In section 27 of the principal Act,—

(i) in the marginal note, for the word "Functions", the words "powers and duties" shall be substituted; and

(ii) in sub-section (2), for clauses (a) to (m), the following clauses shall be substituted:— "(a) to lay down the general policy for development of Secondary Education in West Bengal;

(b) to conduct periodical survey to assess the educational needs of West Bengal with particular reference to such needs of the Scheduled Castes, the Scheduled Tribes and other backward communities and of the hill areas in West Bengal;

(c) to make regulations in respect of matters referred to in clauses (c), (d), (e) and (g) of sub-section (3) of section 19A;

Amendment of section 26.

Amendment of the heading under Chapter IV.

Amendment of section 27.

The West Bengal Board of Secondary Education (Amendment) Act, 1979.

[West Ben. Act (Section 16.)

(d) to institute Secondary Examinations and such other examinations as it may think fit and to make regulations in this behalf excepting in respect of matters specified in clauses (j), (k) and (I) of sub-section (3) of section 19A;

(e) to administer the West Bengal Board of Secondary Education Fund;

(f) to institute and administer such Provident Funds as may be prescribed;

(g) to make regulations relating to the conduct, discipline and appeal in respect of the members of its staff;

(h) to decide any appeal preferred against any decision of the Executive Committee or, subject to the provisions of this Act, any other Committee constituted under this Act; and

(i) to award diplomas, certificates, prizes and scholarships in respect of any examinations instituted by the Board.";

(iii) after sub-section (5), the following sub-section shall be added:— "(6) Subject to the provisions of sub-sections (2) and (3), the Board shall have the power to require the Executive Committee, from time to time, to submit reports, returns, statements and other information on any matter relating to the duties of the Executive Committee referred to in sub-sections (3) and (4) of section 19A.".

Amendment of section 28. 16. In section 28 of the principal Act,—

(a) for sub-section (2), the following sub-section shall be substituted:— "(2) The President may, in any emergency, exercise any of the powers of the Board or the Executive Committee provided however that he shall not act contrary to any decision of the Board or the Executive Committee and shall, as soon thereafter as may be, place a full report before the Board or the Executive Committee as the case may be, of the action taken by him stating reasons therefor"; and

(b) in clause (c) of sub-section (3), after the word "Board" wherever it occurs, the words "or the Executive Committee" shall be inserted.

The West Bengal Board of Secondary Education (Amendment) Act, 1979.

XXXII of 1979.] (Sections 17, 18.)

17. In section 29 of the principal Act,—

(a) in the marginal note, after the word "Board", the words "and the Executive Committee" shall be inserted;

(b) for sub-section (2), the following sub-section shall be substituted:— "(2) The Board shall meet at such other times, not less than twice a year, as may be appointed by the President on the advice of the Executive Committee.";

(c) in the proviso to sub-section (3), for the word "ten", the word "twenty" shall be substituted;

(d) in sub-section (4),—

(i) for the word "six", the word "fifteen" shall be substituted, and

(ii) for the word "any committee", the words "any committee other than the Executive Committee" shall be substituted;

(e) in sub-section (5), for the word "ten", the word "twenty" shall be substituted;

(f) in sub-section (7), for the word "ten", the word "twenty" shall be substituted;

(g) after sub-section (7), the following sub-section shall be added:— "(8) (a) The Executive Committee shall meet at least once in every two months and at least six times a year.

(b) The President shall give to each member not less than seven days' notice of each meeting:

Provided that the President may call an emergency meeting after giving not less than two days' notice to each member.

(c) No business shall be transacted at any meeting of the Executive Committee unless a quorum of nine members is present.".

Amendment of section 29.

18. In section 30 of the principal Act,— Amendment

(a) in the marginal note, for the words "Regional Examination of section 30.

Councils", the words "Regional Councils" shall be substituted;

(b) for the words "Regional Examination Council", the words "Regional Council" shall be substituted; and

(c) for the words "any Committee", the words "any Committee other than the Executive Committee" shall be substituted.

The West Bengal Board of Secondary Education (Amendment) Act, 1979.

[West Ben. Act XXXII of 1979.] (Sections 19-22.) Amendment of section 39.

Amendment of section 43.

Amendment of section 45.

Addition of new section 52.

19. In section 39 of the principal Act, for the words "Regional Examination Council", the words "Regional Council" shall be substituted.

20. In section 43 of the principal Act, in clause (a),—

(a) for the words "defect in the Constitution of,", the words "defects in the initial or subsequent constitution of," shall be substituted; and

(b) for the words "Regional Examination Council", the words "Regional Council" shall be substituted.

21. In sub-section (2) of section 45 of the principal Act,—

(i) in clause (b), for the words, brackets, letter and figures "sub- clause (b) of clause (15) and clause (16)", the words, brackets, letter and figures "clause (8) and sub-clause (b) of clause (14)" shall be substituted;

(ii) in clause (c), for the word, brackets and figures "clause (17)", the word, brackets and figures "clause (15)" shall be substituted;

(iii) in clause (h), for the word, brackets and letter "clause (1)", the word, brackets and letter "clause (e)" shall be substituted.

22. After section 51 of the principal Act, the following section shall be added:— "Re- 52. (1) The State Government shall, by an order establishment of the Board. published in the Official Gazette, specify the date on which the Board is re-established in accordance with the provisions of section 4.

(2) The State Government shall, by an order published in the Official Gazette, specify the dates by which the authorities (other than the State Government) shall elect or nominate members referred to in section 4. If such member or members are not elected or nominated, as the case may be, by the specified dates the State Government shall appoint such member or members from amongst persons qualified for such election or nomination, as the case may be.

(3) Until rules are made by the State Government for election of members referred to in section 4, the State Government shall appoint such member or members from amongst persons qualified for election under clause (8) and sub-clause (b) of clause (14) of section 4.

(4) Members appointed under sub-sections (2) and (3) shall hold office for such period not exceeding two years as the State Government may specify from time to time.".

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