Constitution of the Board

Section 3 of the Uttar Pradesh Basic Education Act, 1972 deals with constitution of the Board. With effect from such date as the State Government may, by notification1 in the Gazette, appoint, there shall be established a Board to be known as the Uttar Pradesh Board of Basic Education. The Act came into force on 17 Aug 1972.

(1) With effect from such date as the State Government may, by notification¹ in the Gazette, appoint, there shall be established a Board to be known as the Uttar Pradesh Board of Basic Education.

(2) The Board shall be a body corporate having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire and to hold property and may by its name sue and be used.

(3) The Board shall consist of the following members, namely -

(a) the Director, ex officio, who shall be the chairman;

(b) two persons to be nominated by the State Government from amongst the Adhyakshas, if any, of [Zila Panchayats established under Section 17 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961;]²

(c) one person to be nominated by the State Government from amongst the Nagar Pramukhs, if any, of the [Corporations constituted under Section 9 of the Uttar Pradesh Municipal Corporation Act, 1959;]³

(d) one person to be nominated by the State Government from amongst the Presidents, if any, of the [Municipal Council and Nagar Panchayats established under the Uttar Pradesh Municipalities Act, 1916;]⁴

(e) the Secretary to the State Government in the Finance Department, ex officio;

(f) the Principal, State Institute of Education, ex officio;

[(f1) the Secretary, Board of High School and Intermediate Education, Allahabad, ex officio;

(f2) the President of the Uttar Pradesh Prathamik Shikshak Sangh, ex officio;]⁵

(g) two educationists to be nominated by the State Government;

(h) an officer not below the rank of Deputy Director of Education, to be nominated by the State Government, who shall be the Member Secretary.

(4) An officer referred to in clause (e) of sub-section (3) may instead of attending a meeting of the Board himself depute an officer of his department not below the rank of Deputy Secretary to the State Government to attend the meeting. The officer so deputed shall have the right to speak in and otherwise to take part in the proceedings of the meetings and shall also have the right to vote.

(5) The members of the Board other than ex officio members, shall ordinarily be entitled to hold office for the period specified in the order of appointment, unless the appointment is terminated earlier by the State Government :

Provided that any member, other than an ex officio member, may at any time by notice in writing addressed to the State Government resign his office.

(6) During any vacancy in the membership of the Board the continuing members may act as if no vacancy had occurred.

(7) No act or proceeding of the Board shall be deemed to be invalid by reason merely of any vacancy in or any defect in the constitution of the Board.

Section 3, The Uttar Pradesh Basic Education Act, 1972 (Act 34 of 1972).