The Assam Secondary Education Act, 1961

I / 134 (2) It extends to the . Mizo District. (3) It shall come into force from such date as the State Government may, by notification, in the Officia l Gazette, appoint. Application of Act I of 1910 to '11e r..ffa:o District. Act I 2 . All the provisions of the Assam Excise Act, of 1910. 1910 as amended from time to time shall apply to the Mizo District. ASSAM ACf No.XXV OF 1961 THE ASSAM SECONDARY EDU9ATION ACT. 1961 (As passed by the Assembly) (Received (he assent of . the Governor on the 4th December 1961) [Published in the Assam Gazette, Extraordinary, dated the 5th De<.:ember 1961] CONTE~1S 1. Short title, extent and commencement. 2. Admission of Institutions jn other States and Administrations to the Privileges of the Board. 3. Definitions. 4. Incorporation of the Board. 5. Constitution of the Board. 6. Publication of names of the members of the Board. 7. Term of cfiice of members. 8. Disqualification for membership. 9. Resignation of members and casual vacancy, etc. 10. Meetings :of !he Board. 11 . Quorum. Proceedings not invalidated by reason of vacancies. 12. Officers of the Board. 13. Powers and duties of the Board. 14. Powers cf the State Govemment. 15. Constitution :of Secondary Education Board Fund. 16. Custody and investment of the Secondary Education Board Fund. 17. Application of the Fund. 18. Audit of the accounts of the Board. 19. Powers and duties of the Chairman. 20. Powers and duties of the Secretary. 21. Powers and duties of other officers. 22. Committees ()f Board. 23 . Exercise of powers delegated by !he Board to Committees. 24. Power of Board to make regulations. 25. Board to furnish reports, re.turns, etc., to the Sfate Government. 26 Power of State Government to reconstitute the Board. 27 . Vesting of powers !ill the reconstitution of the Board. 28 Power of State Government to make rules. 135 THE ASSAM SECONDARY EDUCATION ACT, 1961 An Act to provide for the establishment of a Board of Seconda1·y Education to regulate, supervise and develop Secondary Education · in the State of Assam. P 'camble. Whereas it is expedient to establish a Board of Secondary Education to regulate, supervise and develop the system of· Secondary Education in the State of Assam ; It is hereby enacted in the Twelfth Year of the Republic of Indra as follows:- Snort title, I. (1) This Act may be called the Assam Secondary extent and Educa ion Act, 1961. commence· ment, (2) It extends to the whole of Assam. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. (4 l From the date on which this Act comes into force, the Gauhati University or any other University or any Board of Education shall cease to exercise its jurisdiction over the institutions of Secondary Educa· tion recognised by the Government of Assam ; Provided that the Gauhati University shall continue to have the same jurisdiction as now exercised by it over the High Schools till i;uch time as the State Government, by notification in the Official Gazette, may appoint. Admission of 2. Notwithstanding anything contained in Section ], !mtitutions any Government of a State or Territory or Adminis- 15n othedr tration other than the Government of Assam, Union tates an T . h N h E F . A Administra- e.rntory or t e ort • ast ront1er gency tions to the Administration may apply to the Board for being Privileges admitted to the privileges of the Board and the Board ~f d the may subject to such comlitions as it may think fit to oar · impose, admit such State or Territory or Administra­ tion to the privileges of the Board. 136 Definltions. 3. In this Act, unless there is anything repugnant to the subject or context: (a) "Board" means the Board of Secondary Education established under this Act ; (b) "Chairman" means the Chairman of the Board; (c) "Controller of Examinations" means the officer conducting the examinations of the Board; ( d) "Education Department" means the De­ partment of Education of the Govern­ ment of Assam ; (e) "Fund" means the Secondary Education Board Fund constituted under this Act; (/) "Headmaster or Headmistress" means the head of the teaching staff of a High School or Higher Secondary School by whatever name he or she is designated ; (g) "High School'' means a school or depart­ ment of a school giving instruction in Secondary Education and preparing students for Matriculation or H igh School Leaving Certificate Examination; (h) "Higher Secondary School" means a school or department of a school giving instruction in Secondary Education and preparing students for Higher Secondary School Leaving Certificate Examination ; \i) "Managing Committee" means a Managing Committee of a High School or a Higher Secondary School ; (j) "Primary Education" means education imparted in a Primary or Junior Basic School or its equivalent; (k) "Recognised" means recognised by the Board for the purpose of admission to the privileges of the Board or prior to recog­ nition by the Hoard, by any University established by Jaw in India or by any Board recognised by the State Govern­ ment; . . i37 (l) "Regulation" means a regulation made by the Board under this Act ; (m) "Rule" meaits a rule made by the Statf Uovernment under this Act ; (n) "Secondary Education" means such education as is designed to meet the needs of the stage which follows immediately the stage ol Primary Education and precedes immediately the stage of Degree or Diploma Education controlled by any University established by law in India or by a Board constituted by Government for this purpose; (o) "Secretary" means Secretary of the Board; and (p) "Notification" means a notification puh­ lished in the Official Gazette. lncorpora- 4 . (1) Tlie State Government shall, as soon as may tion of the be after the commencement of the Act, establish by , Board. notification, a Board for regulation, super :1 ision and development of Secondary Education in a-::cordance with the provisions of this Act. (2) The Board shall, by the name of 1he Board of Secondary Education, be a body corporate with pe1·­ petual succession and a common seal, shall have power to acquire and bold property, both movable and immovable, to transfer any property held by it, to enter into any contract and to do all other things necessary for the purposes of carryimr out its duties and functions, and shall by the said name sue or be sued. Conititu· 5. (1) The Board shall consist of the following mem- tion of the hers, namely:- Board. Ex-officio Members- Director of Public Instruction, Assam- Chairman. Additional Director of Public Instruction, Assam. Director of Agriculture. Director of Technical Education. Director of Health Services. Director of Industries. Principal, Assam Agricultural College . 138 Directors of Education of the Territories of o ther States and Administrations admitted to the privileges of the Board . Deans of the Faculties of Arts and Science, Gauhati University. _ The Assistant Director of Public Instruction in-charge of 'Vomen's Education . .Members to be nominated by Government-' One of the Inspectors of Schoo.ls. Two Headmasters and two Headmistresses of High Scl10ols and Higher Secondary Schools. Two teachers of High Schools and Higher Secondary, Schools as recommended by the ExccutiYe Committee of the All Assam Aided High Schools Teachers' Association. Two nominees of the Gauha1ti University. Oi;ie Principal oi a Teachers' Training College. One Head of a Polytechnic. Co-opted Members - The Board shall have power lo co-opt not more than two members from among the distin­ guished educationists. (2) The Secretary shall be appointed by the Go\'ernment who slrn.ll also he an ex-officio Mem­ ber of the Boarrl. Publication 6. The names of persons nominated or co-opted .. · of names of as members of the Board, sha)l be published by the meml:ers not ification -by the Slate Government. oftheB:.ard. · , Term of office of mem· bers. 7. Term of office of members-- (i) Nominated members shall hold office for a term of three years from the elate of the notification published under Section 6 and the term of office of co-opted members shall terminate on the same date as that of the nomi­ nated members : Pro\'ided that the State GoYernment, may, by n otification. in the Official Gazette, extend the term of the office of all such members hy a period n ot exceeding one year. 139 (ii) NoLwit'Listanding the expiry of the term d three yea rs speci fi ed in cla use (i) t he term of o ffice of the outgoing members shall be deemed to extend to the date on which the names of the newly nominated members a rc published under Section 6. Di•qt•ali. 8. (1) A person shall not be eligible fo r fi ca•i on f?r 11 •1 rn ination nr co-opti•"'n as a mem ber of the Board mernte rship. or of the C ommittees form.::d b)' it, if he- (a) iias Il een adjudgl:d by a court of law to be of u nsound mind ; (b) is an undischarged insolvent ; (c) has been convicted by a court of law for a n offence wh ich is declared by the State Govermnmt to be an offt> nce involving moral turpitude, as provided in the ru!'es. (2) If a nomina ted or co -opted m ember of the Board or of any Committee formed by it , be comes, subjec: t.1 a11 y of the disqua lifications specified in sub-section (1) his membership shall thereupon cease. (:!) All disputes rela ti ng to the eligibility of a ny penon for n vmination or co-option, ~ hall be referred to t he State Government w hose decision on such m atters slnll be final. Reaim •tion 9 ( !) /\. m e m ber of the Board, oth rr than an o l me mbers Ex-officio member, may t esign h is Eeat by giving notice ttnd casual therenf in writ ing to the Chairman, and rnch men - vacancy, etc .ber shall be deemed to have vaca ted his seat from the cl ate of a.cceptance of his resignation by the Chair ­ man. (5-) The S•.ate Government may , by notification, remove any nomina1ed or co-opted m ember who remains atsent fro m three consecutive meetings of the Board with out the leave of the Board . (3) In the event : f a casual vacancy occurring by r esi \! nation, removal, death or di5qu alifica tion of a m ember such vacancy shall be filled by nomi­ na tion or co-option, as the case m ay be, in the manner provided in Section 5. \4) Any person nominated or co-opte.:l to till a casual vacancy shall hold office for the unexpired portion of the term of office of the member in who~e place he is nominated or co-opted . ·• 140 Meetings o'' 10. (i) Ordinary Meetings-The Board shall meet not the Board. less than thrice a year, but four months shall not intervene between two successive meetings. Quorum: Proceedings not inav:l- (ii) Special Meetings-The Chairman may, at any time, and shall upon the requisition made bv not less than one-third of the members of the Board other than the ex-officio members, and on a date not more than twenty-one days of the receipt of such requisit ion, call a special meeting of the Board. (iii) Twenty-one days' notice shall be given for ordinary meetings of the Board and ten days' notice for specia l m eetings. 11. (i) The q uor um for every meeting of the Board shall be nine. dated by reason of (ii) Subject to the prov1s1ons contained in sub- vacancies. section (i) no act or proceedings of the Bo'ilrd shall be invalid merely by reason of the exister.ce of any vacancy among the members of the Board. Officers of 12. (1 ) The following shall be the officers of the the Board. Board :- e) The Chairman, (ii) The Secretary, and (iii) The Controller of Examinations. (2) 1 he Board may appoint such other officers and employees as it considers necessary for the efficirut discharge of its functions under this Act on such terms and conditions as may be determined by regulations. Power; and 13. Subject to the prov1s1ons of this Act ~utid of the the powers and dut '.es of the Board shall be , s oar • follows, namely:- ( i) to prescribe courses of instruction for High Schools and Higher Secondary Schools, (ii) to conduct examinations based on such courses, (iii.) to admit to its examinations, on con­ ditions that may be prescribed by regulations, candi­ dates who have pursued the prescribed courses of instruction and also to take such disciplinary action against cand~dates as may be prescribed by regulations, , 141 (iv) to demand and receive such fees as may, be prescribed by regulations, (v) to publish the results of its examina· tions, - (vi) to grant certificates to stwlents passing the examinations, (vii) to institute and award scholarships, prizes etc., (viii) to prepare, publisli and select text books and supplementary bcoks, - (ix) to lay down conditions of rec')gnition of High Schools and Higher Secondary Schools, (x) to recognise High Schools and Higher ~ econ­ dary Schools and to withdraw such recQgnition, (xi) to take such disciplinary action as it thinks fit against institutions as prescribed by regula- tions, . (xii) to adopt measures for studv a11d exa· mination of problems in the field of Secondary Education, · (xiii) to advise Government on physical, moral aud social welfare of students in recognised institutions, and to prescribe conditions of their resi­ dence and discipline, (xiv) to prescribe nec:ssary qualifications of teachers in recognised schools, (xv) to prescribe courses of instrnction in Under-graduate Teachers Training Institutions and to hold examinations on such courses and to award certificates, (xZ>i) to recognise Under-graduate Teachers Training Institutions and to withdraw recognition, (xvii) to organi~e seminars and provide in. service Teachers Training courses, (xviii) to receive grants from Government and donations from private individuals or ~ssociations for sr,ecific or general purposes-, ~ (xix) to call for reports from the Director of Public Instruction on the conditions of recognised institutions or of institutions applying for recognition, (xx) to advise Government on re-organirn­ tirn and development of Secondary Education, (xxi) to advise Government relating to any matter within the provisions of this Act on which the Government may consult the Board, (xxii) to appoint officers and other emp!oyees of the Board, and to prescribe by regulations the terms and conditions of their service, (xxiii) to iustitute bv regulations for the benefit of it~ officer~ and other employees such pension, gratuity and provident fund as it may deem fit in such manner, and subject to such conditions as may be prescribed by regulations, " • .. 142 (xxiv) to delegate any of its powers to any Committee constituted under this Act, \x~v) to administer the Secondary Educa· tion Board Fund, (xxvi) to receive, purchase and hold a ny property, movable or immovable, which may become vested in it, and to dispose of all or any of the proper­ ty, movabl e or immovable belonging to it, and also do z:l l other acts incidental or "ppertaining thereto ; and (xxvii) to do all such acts and things as may be necessa1y to carry out the purposes of the Act. Powen of 14. Notwithstandi 11g anv,hing con•.ained in this the Stat,. Act- · - Governmlnt, (1) The State Government shall have tl1e right to address the Board with reforeace to anything con­ ducted or done by the Board and to communicate its views on · any matter with which the Board is concerned. (2) The Board shall report to the State Government such action, if any, as it proposes to take or has taken upon tile communication of the State Government. (3) The State Government may after consulta· tion with the Board issue such directions consistent with the provisions of this Act, as it mav think fit, and the Hoard shall crmply with <;uc li directions. (4) The State Governmei.t may, by order in writing spec.:ifyiniz the reasons thereof, suspend the execution of any resolution or order of the Board, and p r. hibit the doing of an act ordered to be done by the B;x1rd, if the State Government is of the opinion that such resolution, order or a ct is i.1 txce:;s of the p owers conferred upon the Board by or under this Act. (5) The State Government may, after con- sultat:on with the board, suspend or remove a member whose continuance as a member of the Board is co11sidered . to be detrimental to the interest of the Board. Constitution 15. A fund to be calied Secondarv Education Board ~ of ~donda· Fund shall be constituted and all sums received by ~oardu~a~~~nor on behalf of the Board under this Act shall be ·p laced to the credit thueof. Custody and 16. All moneys at the credit of the Fund sball be investment kept in the Government Treasury or the State Bank of of the k Secondary Indi 'l or the A~sam Co-operative Apex Ban , Ltd., Education as the Board may detern:ine. Board Fund. Application 17. Subject to the provisions of this Act, th<! Fund of the Fund, shall be applicable only to the payment of the charges 14$ and expenses incidental to matters specified in this Act . Audit of the 18. The accounts of the Board shall be audi­ accoun t • of ted onl~' by such agency as may he specified by the Board. the St t G t l f th d" a e oyernmen , anc a copy o e au J·· led account<> shall be submitted by the Board to 'the State Government by such date each year as the State GoYcrnment ma:-,' <opccify. Pow Hs and 19. (1) It sh~ill he the duty of the Chairman to d,uti _.• of th e sec t at the provisions of this Act and the regu- 1._;hairman lalions mack undt>r it arc faithfully observed, and the decisions of the hoard are duly imple­ mented and he shall han· all powers necessary for this purpose. (2) The Chairman shall ha\'e pb\ver to con­ yene meeti1 gs of the Board. (:~) \Vhen any emergcncv ari'-'ing out of ad11inislratiYP busin<'ss of the Board requires, in th C' opinion of .the Chairman. tlrnt immediate action should be taken, the Chairman shall take such action as he deems neccss<try and report his a.cti(m lo the Board al its next meeting. (-!) The Chairman shall exercise such other powers as ma~' be prescribed by the regula- tions. Powers a-id 20. The Secretary of \he Board shall he the duties o[ t he principal administrative omcer, and shall, sub ­ Secrclat y. jecl to t'lC con~1·0\ of the Clrninna 1, perform such duties as may be prescribed b~ regul a- tions. ' Powers and 21. Other officers will have such powers and duties of duties as may he prescribed by regulations. other officers. Committee ; 22. (1) The Board shall, for the purposes of of Boarcl . carr ·ing out its du· ·cs and functions imposed under this .\ct. appoint the following committees. n am ely :-- (i) Curriculum and S. llabus Committee, (ii) Exammation Committee, (iii) PhysiC"ll E•luca'ion Committee, (iY) Girls' Fducalion Committee, and lv) Such other C<,mmitteec; as may be found necessary. (2) Every such Committee shall consist of such members of the Board and of such other persons m the Board may appoint. (3) cyery such Committee except the Examination Committee may co-opt persons to be members to the ex ten l of one-third of the m embers appointed to it. (-!) l\lembers of such Committees shall hold oflicc for such time as the Board may determine . (5) Subject lo lhe provisions of this Act and the rules made thereunder the dulies and func­ tions of lhc Committees shall be determined by regulations. Exercise of 23. All matters rela ting to exercise of powers powers dele- confcued upon the Board by thi s Act which arc gated by the by regula tions delegated to an" committee appoin- Board to · · ·' Committees. ted under Section 22 shall stand referred to that committee , and the Board lfofore exercising such po,vcrs shall receive and consider the report or recommendation of the comnullee wilh respect lo the matter in question. Power of 24 . ( 1) The Board may make regulations for Board to lhe purpose of carrying oul lhe provisions of make regula- this Act. tions. (2 ) In parlicular and wilhoul prejudice to lhe generality of lhc foregoing powers the Board may make regulations providing for all or any of the fo llowing matters , n amely :- (a) the constitution, powers and duties of Comm.illees appointed under Sec- tion 22, · ( b) courses of study to be laid down for different examinations , (c) marks required for passing in any sub­ ject and the examination as a whole, and for credit and distinction in any subj ect, (cl) qualificat ions, appointment and remu­ neration of examiners, paper-setters and others, (e) conducting examinations and publish- ing the results, (f) conditions of r ecogni lion of Iligh Schools and Il igher Secondary Schools, (g) conditions under which candidates shall be admitted to the examinations of the Board, (h) disciplinary measures for malpractices L· in examinations, 145 (. i) fixing of fees and charges in respect oI :xamina tions, (J) provident fund' etc., r~ r the benefit or the employees of the Board. (k) rate of travelling and daily allowances to the non .. ofhcial members of the Board or Commit· tees, (l) delegation of powers or assignment of functio9s to Committees formed under this Act, (m) all matters which, by this Act, are to be or may be provided for by regulations : Provided that all regulations, alterations and revocation thereof shall be subject to approval by the State Governmen t and pu :)lished in the Offic ial Gazette. Board to 25. The Board shall furnish to the State Govern· furnish re- ment such rep::irts, returns and stateme11ts ar!d such r::~:: e:c~: other information relating to any matter under the to the State control of the Board as the State Government maY Government. require . Power of 26. If in the opinion· of the State Government, ::tate Go· the Board has shown its incompetence to perform, or vernment t.o persistently made default in the performance of the rec o o s th1• duties imposed, or exceeded or abused the powers ~ute t c 1· d · b d h' A h S . Board. con erre upon it y or un er t ts ct, t e tate Government shall formulate in writing specific charges against the Board in respec t of tlu se matters and shall forward a copy of such charges to the Board with direction to submit any comments or explanations in respect thereof to the State Government within such period as may be specified in this behalf. After the consideration of the comments or explanations of the Board, the State Government may, if it thinks fit, by notification supersede the Board and thereafter reconstitute the Board in accordance with t he pro-- . vision of Section 5 and in ever> such case, the State Government shall, as soon as may be, lay before the State Legislature a copy of the said notification together with the ~tatement of the reasons which led to such reconstitution. Vesting of 27. Until the Board is reconstituted after super powers till session under Section 26, the dutie~ ar.d powers of the the. re-consti•Board shall be: performed and exercised by, and the ~od of the property of the Board shall vest in such person or r • authority as the State Government may specify by ootification. 146 :Power of 28. (1) The State Government may make rules 'tt;i.te Go- for carrying out the purposes of this Act. vc·nuReRt to Jnakc rules. (2) All rules under this Section shall be laid for not less than fourteen days before the Assam Legislative Assembly as soon as possible after they are made, and shall be subject to such modifications as the Legislative Assembly may make during the Session in which they arc so laid or the Session immediately following. 1rr; I • - ASSAM ACT No.XX.VI OF 1961 THE SYLHET TENANCY (AMENDMENT) ACT, 1961 (As passed by the Assembly) (Received the assent of the Governor on the 27th December 1961) : ! [ flublishcd in the Assam Gazette, Extraordinary, dated the 28th December 1961. ] l"rcamble, An Act further to amend the Sylhet Tena11c11 Act, 1936 . . Assam /let \VHEREAS it 1s expedient further to amend Xlof lli36, !he Sylhet Tenancy Act , l\J~iG , hereinafter called the Principal Act, in the manner hereinafter appearing :- It is hereby enacted in the Twelfth Year of the Republic of India as follows :- Short title 1. ( 1) This Act may be called the Sylhet Tenan- and com- cy (Amendment) Act 1961. menccment. · ' Amendment ofSe tion 3 ef Assam Act XI of 1936, (2) It shall come into force at once. (3) It shall have the like extent as the Principal Act. 2. In Section 3 of the Principal Act,- ( 1) in clause ( 16) , the colon after the word "person" shall be deleted and the following words and colon shall be added, namely :- "and includes a person who holds land of another persoP "'nder the system known as