|
Extra ordinaryRegd. No.
JK-33
Vol. (80) Srinagar, Tue., 28th Aug.,
75/6th Bhadra, 97 (no. 22.a)
Laws, Regulations and Rules passed
thereunder
_______
Government of Jammu and Kashmir
Civil Sectt. Law Department.
Srinagar the 28th August, 1975
The following Act as passed by the
“Jammu and Kashmir State
Legislature received the assent of the
Governor on 27th August, 1975 and is
hereby published for general information
: -
The Jammu and Kashmir Board of
School Education Act 1975
Act No. XXVIII of 1975
(27 August, 1975)
An Act to
reform and reorganize School
Education in the State and
consolidate and amend the law
relating thereto.
Whereas, with a view to securing that
education should –
a) relate intimately to the development
of the potentialities of youth, to the
National needs and to the aspirations of
the people, and
b) discover talent and nurture it, and
c) promote equality of opportunity by
providing necessary facilities; and
d) help generally to raise the standard
of living and productivity of the State
and achieve closer and willing
participation of the people in
democratic processes.
It is expedient that :-
(1) facilities are provided for ensuring
universalization of Elementary Education
by arranging for a two point entry
system in the new educational system;
and
(2) the existing institutional structure
at the higher secondary stage be so
coordinated as to provide for twelve
years schooling, ten years of schooling
in secondary education followed by two
years in Higher Secondary Education so
as to achieve a uniform pattern of
Secondary and Higher Secondary Education
for laying the foundation of a society
which is academically alert, scientific
in outlook and forward looking; and
Whereas, for securing the above
objectives, it is necessary to reform,
re-orgaize and reconstruct the existing
system of school education, and for that
purpose, to consolidate and amend the
law relating there to ; and
Whereas it is expedient to establish a
Board to regulate, control and develop
Education in the State of Jammu and
Kashmir upto the Higher Secondary level
by providing varied courses with a view
to equipping pupils for different
occupations for education in the
Universities and other cultural purposes
and to examine the candidates and to
award certificates to successful
candidates and doing all other things
incidental thereto.
Be it enacted by the Jammu and
Kashmir State Legislature in the
Twenty-Sixth year of the Republic of
India as follows :-
Chapter I
Preliminary
1. Short title, extent and
commencement
1. This Act may be called the Jammu and
Kashmir Board of School Education Act,
1975.
2. It extends to the whole of the State
of Jammu and Kashmir.
3. This section shall come into force at
once and the other provisions of this
Act shall come into force on such date
as the Government may by notification in
the Government Gazette appoint.
2. Interpretation
In this Act unless there is anything
repugnant in the subject or context :-
a) “Board” means the Jammu
And Kashmir State Open School Board
established under Section 3.
b) “Chairman” means the
Chairman of the Board.
c) “Elementary Education”
means the education imparted in a
primary school in such subjects and upto
such standards as the Government may
determine from time to time.
d) “Examination” means any
examination in general technical,
vocational education or in Fine Art
Courses or other examinations within the
purview of and conducted by the Board;
e) “Higher Secondary
Education” means such general,
technical, vocational or special
education (including any combined course
thereof) which follows the stage of
secondary education and is imparted in
classes XI and XII and precedes the
education controlled by a University or
any other examining body established by
law in the State or outside;
f) “Institution / School”
means an institution / school imparting
primary, secondary and / or higher
secondary (school graduation) education
and includes the part of an institution
imparting instructions in the said
course.
g) “Prescribed” means
prescribed by regulations.
h) “Recognized” alongwith its
grammatical variations and cognate
expressions, used with reference to
institutions means recognized by the
Board for purpose of admission to the
privileges of the Board.
i) “Regulations” means
regulations made by the Board under this
Act.
j) “Secretary” means the
Secretary of the Board.
k) “Secondary Education”
means such general, technical,
vocational or special education
(including any combined course thereof)
which follows the stage of elementary
education and is imparted in classes IX
and X and precedes the higher secondary
education.
l) “Text Book” in relation to
any standard or course means any book
prescribed/ approved by the Board or
caused to be prepared/ approved by the
Board.
m) “Training Institution”
means a training institution run, aided
and recognized by the Government.
Chapter II
Constitution of the Board
3. Incorporation of the
Board :-
1. The Government shall, by notification
in the Government Gazette, establish a
Board of School Education for the State
to advise the Government on matter of
policy relating to Elementary Education,
Secondary Education and Higher Education
and in respect of matters specified by
or under this Act.
2. The Board shall be a body corporate by
the name of the “Jammu And Kashmir
State Open School Board” and shall
have perpetual succession and a common
seal and shall have power to acquired,
hold and dispose of property and to
enter into contracts and do all other
things necessary for the purpose of its
constitution and may sue or to be sued
by its corporate name as aforesaid.
4. Composition of the Board
:-
The Board shall consist of the following
members, namely :-
1 Chairman;
2 Commissioner Education;
3 Secretary Education;
4 Director of School Education (Jammu);
5 Director of School Education (Kashmir);
6-7 A representative each of the two
Universities of Jammu & Kashmir
respectively, to be nominated by the
concerned University Council;
8-11 Four school teachers to be nominated
by Government, of whom 2 shall be lady
teachers concerned with Girls Education
and 2 male teachers concerned with Boys
Education;
12 An eminent educationist unconnected
with the administration, to be nominated
by Government;
13 A representative of one of the
Teachers’ Training Institutions in
the States, to be nominated by the
Government, and;
14-15 2 persons to be nominated by
Government one lady and one male officer
from among Principals, Headmasters and
Headmistress of teaching institutions in
the State.
5. Term of office of members
:-
1 Members of the Board, shall hold office
for a period of three years from the
date of the notification published in
the Government under Section 8.
Provided that even after the said period
of three years such members shall
continue to hold office till their
successors have been notified under
Section 8.
2 A member nominated under any of the
provisions of Section 4 shall retain
membership of the Board only so long as
he holds the office by virtue of which
he was nominated.
6. Filling of vacancies on
expiry of term of office
:-
When the term of office of any member has
expired, vacancy so caused shall be
filled without delay.
7. Vacancy of member owing to
absence without permission
:-
If a member of the Board or any committee
thereof during the term for which he has
been nominated, absents himself without
the permission of the Board of the
committee as the case may be, from three
consecutive meetings thereof, his office
shall thereupon be declared by the
Chairman to be vacant.
8. Publications of names
:-
The names of persons who have been
nominated to be members of the Board
under Section 4 shall be published by
the Secretary by a notification in the
Government Gazette.
9. Headquarters of the Board
and its two Divisions
:-
The Headquarters of the Board shall be at
Srinagar and Jammu for such periods as
the Chairman may from time to time
determine.
Provided that the two divisions of the
Board shall be stationed permanently at
Srinagar and Jammu.
10. Powers and functions of
the Board :-
Subject to the provisions of this Act and
also subject to the broad educational
policies and such directions and
instructions as the Government may adopt
and issue, from time to time, the Board
shall have the following powers and
functions :-
i) to prescribe the courses of
instructions, prepare curricula and
detailed syllabi and also prescribe text
books for the elementary, secondary
school and Higher Secondary (School
graduation) school examinations.
ii) to conduct public examinations for
persons who have pursued the Secondary
School and Higher Secondary (School
graduation) school education courses.
iii) to publish the results of
examinations conducted by the Board.
iv) to grant diplomas or certificates to
persons who have passed the examinations
of the Board under conditions laid down
in the regulations.
v) to recognize institutions for the
purpose of providing instructions in the
Secondary and Higher Secondary courses
on such conditions and on receipt of
such fees as may be fixed by the
regulations.
vi) to require schools recognized by the
Board, to extend their cooperation in
the conduct of examinations held by it,
by placing their staff, equipment, hall
and rooms, laboratories and other
apparatus at the disposal of the Board.
vii) to conduct inspection of the
recognized schools/ institutions to
ensure -
a. that the recognized schools have the
requisite facilities of play grounds,
furniture, laboratories, library,
equipment, accommodation and qualified
teaching staff as prescribed by the
regulations.
b. that no recognized school/institution
adopt books as courses of study other
than those prescribed/ approved by the
Board.
c. that the recognized schools/
institutions maintain the standard of
education and impart instructions
strictly in accordance with the
regulations made under this Act.
viii) to disaffiliate recognized schools
which do not fulfill the conditions laid
down in clause (vi) and sub-clauses (a),
(b) and (c) of this Section.
ix) to admit candidates to the
examination of the Board under the
conditions laid down by the Regulations.
x) to demand and receive such fees as may
be prescribed by the regulations.
xi) to hold, control and administer the
funds and property by the Board.
xii) to receive, bequests, donations,
endowments, trusts and other transfers
of any property of interest therein.
xiii) to cooperate with the University of
Jammu, University of Kashmir other
Boards and with other authorities and
with other institutions in such manner
and for such purposes as the Board may
determine.
xiv) to place before the Government the
views of the Board or any matter with
which it is concerned.
xv) to call for reports from a Director
of School Education on the conditions
prevailing the recognized institutions
or in institutions applying for
recognition.
xvi) to adopt measures to promote the
physical, moral, cultural and social
welfare of the students in recognized
institutions.
xvii) to take such measures as the Board
may think necessary to raise the
standard of the education in the state
and advise the Government on matters of
policy relating to Elementary, Secondary
and Higher Secondary Education.
xviii) to frame regulations for carrying
out its purpose.
xix) to institute and award medals and
prizes and scholarships under conditions
that may be prescribed.
xx) to approve the annual financial
estimates of the Board after having been
endorsed by the Finance Committee.
xxi) to appoint Committees consisting of
such members of the Board and such other
persons, if any, as the Board in each
case may deem fit for carrying out
specified purposes and to delegate to
these committees such powers as it may
consider necessary.
xxii) to issue instructions by
correspondence.
xxiii) to exercise full academic control
over the recognized institutions.
xxiv) to obtain loans in furtherance of
the objects of the Board.
xxv) to delegate such of its powers to
any officer or committee of the Board as
it may deem fit, provided that such
delegation is made by a majority of not
less than two thirds of the members of
the Board.
xxvi) to appoint save as otherwise
provided in this Act, the Joint
Secretary and such other officers as may
be declared by the Regulations to be the
officers of the Board.
xxvii) to undertake editing, printing and
publication of textbooks for various
courses as the Board may deem proper.
xxviii) to adopt measures for
coordinating national and state policies
in secondary and higher secondary,
technical and vocational education and
for coordinating higher secondary
education with the elementary and
University education.
xxix) to constitute various divisions,
units committees for the furtherance of
its objectives, and
xxx) to do such other acts and things as
may be necessary for furtherance of the
objectives of the Board as a corporate
body constituted for regulating and
supervising elementary, secondary and
higher secondary education in the State.
11. Officers of the
Board:-
Subject to the other provisions of this
Act, the following shall be the officers
of the Board, namely :-
(1) The Chairman.
(2) The Secretary to the Board.
(3) The Joint Secretaries to the Board.
(4) Such other officers as may be
declared by regulations to be the
officers of the Board.
12. Chairman :-
1. The Chairman shall be whole time paid
Officer of the Board and he shall be
appointed by the Government for such
term as the Government may determine.
Provided that the persons acting as
Chairman of the Board immediately before
the commencement of this Act, shall
continue to act as such till the
appointment of a Chairman under this
Section is made by the Government.
2. The Chairman shall receive such salary
not exceeding Rs. 2,500/- P.M., and such
other facilities as the Government may
determine.
13. Powers and duties of the
Chairman :-
1. The Chairman shall be the Head of the
Board and shall ensure that this Act and
the regulations are faithfully observed
and shall have all powers necessary for
the purpose.
2. The Chairman may at any time, and
shall at prescribed intervals or on
receipt of a requisition signed by not
less than 1/3rd of the total number of
the members of the Board and stating the
business to be brought before the Board,
call a meeting of the Board in the
prescribed manner.
3. The Chairman shall have the power to
seek a review of previous decision of
decisions of the Board, as he deems
necessary.
4. If, in the opinion of the Chairman,
any emergency has arisen which requires
that immediate action should be taken,
he shall take such action as he deems
necessary and shall thereafter report
the action taken to the Board at its
next meeting.
5. Subject to such rules and Procedure as
may be prescribed by the Government the
Chairman shall have the power to appoint
the ministerial, technical and inferior
staff of the Board.
6. The Chairman shall preside at every
meeting of the Board at which he is
present.
7. The Chairman, may subject to the
approval of the Board delegate any of
his powers prescribed under the
provisions of this Act or regulations
made there under to the Secretary of the
Board.
14.
Secretary:-
The Secretary of the Board shall be whole
time paid officer and shall be appointed
by the Government with the concurrence
of the Board on such terms and
conditions, as the Government may
determine;
Provided that the person acting as the
Secretary of the Board immediately
before the commencement of this Act
shall continue to act as such till a
Secretary under this Section is
appointed by the Government.
15. Powers and functions of
the Secretary :-
1. The Secretary shall, subject to the
control of the Board, be the Chief
Executive Officer of the Board.
2. The Secretary shall, subject to the
regulations prescribed in this behalf,
control the ministerial, technical and
inferior staff of the Board and shall
maintain discipline in all the Units of
the Board and take action whenever
needed for the purpose.
3. The Secretary shall be responsible for
the preparation and presentation of the
annual estimates and statements of
accounts.
4. The Secretary shall be the custodian
of the records, the common seal and such
other property of the Board as the Board
or Chairman may commit to his charge.
5. The Secretary or any other officer
authorized by him shall under the
authority of the Chairman conduct the
official correspondence of the Board.
6. Subject to the control of the
examination Committee, the Secretary
shall be responsible for making
arrangements for holding the
examinations of the Board and shall in
order to ensure the smooth and efficient
conduct of the examinations take such
action as he deems necessary for the
purpose.
7. Subject to the control of examination
Committee, the Secretary shall be
responsible for making arrangements
connected with setting and printing of
question papers for all examinations
held by the Board including their safe
custody and all other matters connected
therewith.
8. The Secretary shall, on behalf of the
Board, issue diplomas and certificates
in the prescribed for to the successful
candidates who have passed the
examinations of the Board.
9. All meetings of the Board shall be
convened through the Secretary in the
manner provided in the regulations.
10. The Secretary shall be responsible
for seeing that all moneys of the Board
are expended for the purpose for which
they are granted or allotted.
11. Unless otherwise ordered by the
Board, the Secretary shall also act as
the Secretary of the Committees
constituted under this Act or
regulations made there under and shall
be responsible for keeping the minutes
of their meetings:
Provided that he may authorize any
officer of the Board to keep the minutes
of the various committees.
12. Unless otherwise ordered by the
Chairman, the Secretary shall
participate in all the meetings of the
Board but shall have not right to vote.
13. The Secretary may, with the previous
approval of the Chairman, delegate any
of his powers, prescribed under the
provisions of this Act or regulations
made there under to any officer of the
Board.
14. The Secretary shall exercise such
other powers as may be prescribed by
rules or regulations or as may be
delegated to him by the Chairman.
16. Joint
Secretary:-
The Board shall appoint one or more Joint
Secretaries on such terms and conditions
and for such period as the Board may
deem fit.
17. Powers and Functions of
the Joint
Secretaries:-
The Joint Secretary shall in absence of
the Secretary act as the Secretary of
the Board and various other committees
and shall perform such other duties and
exercise such other powers of the
Secretary as may be assigned to him by
the Chairman of the Board.
Provided that when the there are more
than one Joint Secretaries the Senior
most shall act as the Secretary.
18. Terms and Conditions of
service of employees
:-
The Board may make regulations providing
for the minimum qualifications for
recruitment and the conditions of
service of the employees of the Board,
provided that the conditions of service
applicable to an employee of the Board
of Secondary Education before the
commencement of this Act shall not be
varied to his disadvantage.
Chapter III
Funds, Accounts and Contract
19. Situations of Board
Fund:-
A Board fund shall be constituted and all
sums received by or on behalf of the
Board under this Act or otherwise shall
be placed to the credit thereof.
20. Custody and Investment
of Board Fund:-
1. All moneys at the credit of the Board
fund except permanent advance required
to meet petty expenditure shall be kept
in the current or Saving Banks Account
with scheduled bank :-
Provided that nothing in this section
shall be deemed to preclude the Board
from investing any moneys belonging to
the Board including any unapplied income
any of the approved securities or to
place any fixed deposit in any scheduled
Bank, any portion of such moneys not
required immediately for expenditure.
Explanation :-
In this sub-section, the expression
Scheduled Bank means a Bank included in
the Second Schedule to the Reserve Bank
India Act, 1934.
2. Subject to the direction of the
Chairman the accounts of the Board with
a Bank shall be operated upon by the
Secretary of the Board or by such other
officer as may be authorized by the
Chairman for the purpose.
21. Application of Board
Fund:-
Subject to the provisions of this Act,
the Board fund shall be applied as
follows :-
(i) For payment of charge and expenses
incidental to several matters specified
in this Act in accordance with the
regulations made in this behalf.
(ii) For other purposes for which by or
under this Acat powers are conferred
duties imposed upon by the Board in
accordance with the regulations.
22. Audit of the Accounts of
the Board :-
The accounts of the Board shall be
audited annually by such agency as may
be specified by the Government and a
copy of audited accounts and balance
sheet shall be submitted by the Board to
the Govt. at the end of every year.
23.
Contracts:-
All contracts and assurances of property
on the board shall be in writing for and
on behalf of the Board and shall be
signed by the Secretary or a person
authorized by the Board or in such other
manner as may be prescribed and shall if
so signed, be binding on the Board.
Chapter IV
Appointment of the Board
24. Appointment and
Construction of
Committees:-
1. The Board shall appoint the following
committee namely :-
(a) a Recognition Committee;
(b) a Finance Committee;
(c) a Committee for Examinations;
(d) a Committee for Development and
Research;
(e) an Academic Committee to consider
general questions relating to
preparation of curricula, syllabi and
prescription of books for various
courses from Class I to XII, and
(f) such other committee, if any, as may
prescribed.
2. The Board shall constitute the
committees in such manner and for such
period as it may prescribe by
regulations.
3. The term of office of the members of
the committees shall be such as may be
prescribed by regulations.
4. Unless otherwise provided in the
regulations, no persons shall be a
member of more than two of the following
committees :-
(a) the Committees for Examinations;
(b) the Finance Committees;
(c) the Recognition Committee.
(d) the Academic Committee;
(e) the Development and Research
Committee.
25. Powers and Functions of
the Committees:-
(a) Recognition Committee – The
Recognition Committee shall scrutinize
applications received from schools
desiring to be recognized fur purposes
of an examination or examinations
conducted by the Board, call for any
information necessary for purposes
recognition, appoint panels of
inspectors inclusive of the Officers of
the Board, to conduct the inspection of
various schools and perform such other
duties as may be prescribed or delegated
to it by the Board. It may appoint
sub-committees for the purposes,
whenever, necessary.
(b) Finance Committee :-
i. the Finance Committee shall act as
advisory body in all matters concerning
the finance of the Board.
ii. the Finance Committee shall prepare
the Annual Budget of Income and
Expenditure and submit it to the Board
for its approval.
iii. no new item of expenditure shall be
incurred by the Board of its
administrative or executive head without
the prior concurrence of the Finance
Committee.
iv. the Finance Committee shall perform
such other functions as may be
prescribed for delegated to it by the
Board.
(c) A Committee for Examinations :-
The Committee for Examinations shall
subject to the control of the Board :-
i. make arrangements for the conduct of
the examinations in conformity with the
regulations;
ii. constitute a sub-committee for
appointment of paper setters and
examiners after considering the
recommendations of the committee of
courses;
iii. purposes the opening and closing of
examination centres;
iv. appoint tabulators and collators for
the examination conducted by the Board;
v. consider and decide the cases relating
to misconduct and use of unfair means in
the examination conducted by the Board;
vi. authorize Secretary or any other
officer to scrutinize applications from
private candidates for permission to
appear in the examinations of the Board.
vii. appoint Superintendents, Deputy
Superintendents, Assistant
Superintendents and Invigilators for the
conduct of the various examinations of
the Board.
viii. appoint vigilance squads and
inspectors for the various examinations
of the Board.
ix. consider all other matters arising
out of the conduct of examinations and
make recommendations, where necessary,
of the Board;
x. authorize declaration and publication
of results of the examinations conducted
by the Board;
xi. quash the result of a candidate after
it has been declared if he is
disqualified for having used unfair
means in the examination;
xii. amend or quash the result of a
candidate after it has been assessed and
published, when found to have been
effected by error, malpractice, fraud,
misrepresentation or any other
misconduct; and
xiii. constitute such other sub-committee
and delegate such powers to it as it may
consider necessary.
(d) Development and Research Committee :-
The Committee shall deal with all matters
relating to development and research of
new techniques and procedures especially
those relating to examination reforms.
It shall also organize orientation
courses or training programmes for paper
setters, moderators and examiners.
(e) An Academic Committee :-
The Academic Committee shall
i. consider academic questions relating
to examinations conducted by the Board,
including the conditions to be fulfilled
and the tests to be passed by the
candidates and report thereon to the
Board;
ii. recommend to the Board syllabi and
courses of study for the examinations
held by the Board except such text books
as may be got edited by the Board
itself; after considering the
recommendations of the committee of
courses;
iii. constitute sub-committees for
preparation of syllabi in various
courses;
iv. advise the Board on general matters
relating to technical and vocational
education;
v. make arrangements for editing,
printing and publication of such books
as may be decided by the Board;
vi. make suggestions and recommendations
to the Board for the dissemination and
promotion of Women’s Education in
the State;
vii. constitute such other sub-committees
and delegate such powers to it as it may
consider necessary.
26. Other
Committees:-
The other committees shall exercise such
powers and discharge such duties as may
be prescribed by regulations.
Chapter V
Procedure of the Board and of its
Committees
27. Casual Vacancies
:-
All casual vacancies among the members of
the Board, or of a committee appointed
by the Board; shall be filled as soon as
convenient, by the Government or body or
person who nominated the member whose
place has become vacant and the person
nominated or appointed to a casual
vacancy shall be a member of the Board
or the Committee, as the case may be,
for the residue of the term for which
the person whose place he fills would
have been a member.
28. Proceedings not
invalidated by reason of
vacancies and irregularities
:-
No act or proceedings of the Board of a
Committee appointed by it shall be
invalidated merely by reason of vacancy
or vacancies among its members, or by
reason of a defect in its constitution
or an irregularity in procedure not
affecting the merits of the case.
29. Quorum :-
The quorum to constitute a meeting of the
Board or any committee shall be one
third of the total number of members of
the Board of the Committee.
30. Members interested not
to take part in
discussion:-
No member shall take part in the
discussion of, or exercise his vote on,
any matter in which he has any personal
interest.
31. Powers of the
Government:-
1. The Government shall have the right to
cause an inquiry to be made by such
person or persons as it may direct in
respect of any matter connected with the
affairs or functioning of the Board.
2. The Government shall communicate to
the Board its views with reference to
the results of the inspection or inquiry
and may, after ascertaining the views of
the Board thereon, advise it on the
action to be taken and fix a time limit
for taking such action.
3. The Board shall report to the
Government such action, if any, as it
proposes to take or has taken up on the
communication received under sub-section
(2).
4. If the Board does not, within a
reasonable time, take action to the
satisfaction of the Government with
reference to the matter on which a
communication has been received under
sub-section (2), the Government, may,
after considering any report which the
Board may, furnish, issue such
directions consistent with the
provisions of this Act as it may think
fit and the Board shall comply with such
directions.
32. Powers of the Government
for removal of difficulty :
-
If an difficulty arises as to the first
constitution of the Board and of any of
its committees after the commencement of
this Act, or otherwise in giving effect
to the provisions of this Act, the
Government, as occasion may require, may
be order to anything which appears to
them necessary for the purpose of
removing the difficulty.
Chapter VI
M i s c e l l a n e o u s
33. Powers of the Board to
make regulations
:-
1. The Board may make regulations for the
purposes of carrying into effect the
provisions of this Act.
2. In particular and with prejudice to
the generality of the foregoing powers,
the Board may make regulations providing
for the following mattes, namely :
a) the procedure of conduct of business
of the Board and its committees;
b) the constitution, powers and duties of
the committees set up by the Board;
c) the conferment of the diplomas and
certificates;
d) the conditions for admission of
institutions to the privileges of
recognition and withdrawal of
recognition;
e) the courses of study to be laid down
for all certificates including such
courses of study as may be printed,
edited and published by the Board;
f) the conditions under which the
candidates shall be admitted to the
examinations of the Board and shall be
eligible for diplomas and certificates;
g) the fees for admissions to the
examination of the Board;
h) the remuneration for paper setters,
examiners, supervisory staff etc.
engaged for the conduct of the
examinations of the Board;
i) the appointment of examiners and their
powers and duties;
j) the conduct of examinations;
k) the appointment of officers,
ministerial staff and other staff of the
Board and the conditions of their
services;
l) the constitution of the Provident Fund
for the benefit of officers, officials
and other staff employed by the Board;
m) the control, administration, safe
custody and management in all respects
of the finances of the Board;
n) the institutions of scholarships,
medals and prizes;
o) the allowances of the members of the
Board and all its committee;
p) the conditions of the pension of
permanent employees of the Board;
q) the conditions of the courses of study
to be laid down and books prescribed for
the elementary, secondary and Higher
Secondary education.
r) procedure for effecting corrections in
date of birth, name and parentage of a
candidate having passed an examination
of the Board in records of the Board;
s) all matters which by this Act are to
be or may be prescribed or provided for
by regulation;
34. First Regulations of the
Board :-
The first regulations shall be made by
the government after previous
publication and they shall be deemed to
have been made by the Board and shall
continue to be in force until altered by
the Board;
Provided that till such time as the
Government publishes the first
regulations, the regulations and
procedures prescribed and adopted by the
Board of Secondary Education constituted
under the Jammu and Kashmir Secondary
Education Act, 1965, shall be acted upon
for organizing, regulating and
supervising the Secondary School and
Higher Secondary School Education in the
Jammu and Kashmir State unless otherwise
those are repugnant to the provisions of
this Act.
35. Copies of regulations
and alterations thereof
:-
A coy of every regulation made by the
Board under Section 33 and of every
modification or revision thereof or of
each of the first regulations of the
Board made or deemed to have been made
under Section 34 shall be submitted to
the Government for information.
36. Provisions regarding
institutions imparting Secondary
and Higher Secondary Education
recognized by the Board of
Secondary
Education:-
Notwithstanding, anything contained in
this Act, all educational institutions
admitted to the privileges of the Board
of Secondary Education in respect of
High School and Higher Secondary School
Education shall after the commencement
of this Act, be deemed to be admitted to
the privileges of the Board under this
Act.
37. Facilities to be offered
to students studying and
eligible for examinations of the
Board of Secondary Education,
University of Jammu or
University of Kashmir in
Secondary or Higher Secondary
Education:-
Notwithstanding anything contained in
this Act or the regulations made there
under, the Board shall provide (for such
period as may be prescribed) for the
instruction of the students of
institution admitted to the privileges
of the University of Jammu or University
of Kashmir or the Jammu and Kashmir
Board of Secondary Education, who before
the commencement of this Act were
eligible for P.U.C. or B.A., B. Sc., B.
Com., Part –I of the said
Universities or Matriculation or Higher
Secondary Core of Elective of the said
Board of Secondary Education in
Secondary or Higher Secondary Education,
as the case may be, and for the
examination of such students and other
students in accordance with the
prospectus of studies of the said
University and the Board of Secondary
Education.
38. Continuance of Service of
the existing
employees:-
Notwithstanding anything contained in
this Act or any regulation made there
under or in any other law for the time
being in force, all employees of the
Board of Secondary Education,
constituted under the Jammu and Kashmir
Secondary Education, Act, 1965, who
immediately before the commencement of
this Act, were holding or discharging
the duties of any post of office in
connection with the affairs of the said
Board shall continue in service on the
same terms and conditions as regulated
their service before such commencement.
39. Alteration in the
designation of a Government
Officer:-
Where any provision of this Act or the
regulation refers to any officer or
Government by designation, then if that
designation is altered or the office
held by such officer ceases to exist the
reference shall be construed as
reference to the altered designation, or
as the case may be to such corresponding
officer as the Government may direct.
40. Meetings of the
Board:-
The Board shall hold its meetings at
least four times in a year but three
months shall not intervene between its
last meeting and the next following
meeting.
41. Transitional
arrangements:-
Till such time as the Board and
committees are constituted under the
provisions of this Act, the Chairman
shall have power to perform such duties
and exercise such powers, as have been
conferred upon the Board and the
committees under the provisions of this
Act.
42. Assets and
Liabilities:-
The assets and liabilities of the Board
of Secondary Education existing
immediately before the commencement of
the Act shall form the assets and
liability of the Board constituted under
this Act.
43. Legal
Proceedings:-
Where immediately before the commencement
of this Act, the Board of Secondary
Education was a party of any legal
proceedings with respect to any
property, rights or liabilities, the
Board which succeeds to acquire that
property or those rights or liabilities
by virtue of this Act shall be deemed to
be substituted for the Board of
Secondary Education as a party to those
proceedings and the proceedings may
continue accordingly.
44. Repeal and
Savings:-
1. The Jammu and Kashmir Secondary
Education Act, 1965 is hereby repealed.
2. Notwithstanding such repeal.
a. All diplomas, certificates and
privileges granted by the Board of
Secondary Education under the Jammu and
Kashmir Secondary Education Act, 1965
shall be as good and valid as if
conferred and granted by the Board under
this Act; and
b. Anything done, any action taken, any
appointment made or order issued under
the Act so repealed shall be as good and
valid as if conferred and granted by the
Board under this Act; and
Provided that if any appointment was made
under the Act so repealed subject to any
condition, such appointment shall
continue subject to that condition under
this Act.
|
STUDENT CORNER