Department: Higher Secondary Education
Subject:
West Bengal Council of Higher Secondary Education Act, 1975
West Bengal Council of Higher Secondary Education Act, 1975
West Bengal Act VIII of 1975
THE WEST BENGAL COUNCIL OF HIGHER SECONDARY EDUCATION ACT, 1975.
Amended
West Ben. Act IX of 1984.
West Ben. Act XIII of 1987.
West Ben. Act XVI of 1989.
West Ben. Act XIX of 1990.
West Ben. Act XXXV of 1994.
[3rd April, 1975.]
An Act to establish a Council of Higher Secondary Education in the State of West Bengal, to define the powers and functions of such Council and to provide for certain matters connected therewith.
Whereas it is expedient to establish a Council of Higher Secondary Education in the State of West Bengal, to define the powers and functions of such Council and to provide for certain matters connected therewith;
It is hereby enacted in the Twenty-sixth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
CHAPTER I
Preliminary
1. Short title and extent.
(1) This Act may be called the West Bengal Council of Higher Secondary Education Act, 1975.
(2) It extends to the whole of West Bengal.
2. Definitions.
In this Act, unless the context otherwise requires,-
(a) āCouncilā means the West Bengal Council of Higher Secondary Education established under section 3;
(b) āthe Fundā means the West Bengal Council of Higher Secondary Education Fund referred to in section 28;
(c) āHead of Institutionā means the head of the teaching staff of an Institution by whatever name he or she may be designated;
(d) āHigher Secondary Educationā, except in relation to such class of students as the State Government may specify in this behalf, mean such education, commencing after the terminal stage of school education in the pattern of secondary education introduced with effect from the 1st day of January, 1974, which concludes with the passing of the public examination by whatever name called and instituted by the West Bengal Board of Secondary Education, as is provided for students with a view to qualifying them for admission to diploma or degree course instituted by a University or by Government or by a Statutory Body, and includes, subject to any general or special order of the State Government, education in-
(i) Humanities,
(ii) Sciences,
(iii) Commerce,
(iv) Agriculture,
(v) Technical courses, or
(vi) Other courses, vocational or otherwise, which the State Government may, in consultation with the Council, specify;
(e) āInstitutionā means a Higher Secondary School or an educational institution or department of a college or institution imparting instruction in Higher Secondary Education;
(f) āManaging Committeeā, used with reference to an Institution, means the person or the body of persons for the time being entrusted with the management of the affairs of the Institution;
(g) āmemberā means a member of the Council;
(h) ānotificationā means a notification published in the Official Gazette;
(i) āprescribedā means prescribed by rules made under this Act;
(j) āPresidentā means the President of the Council;
(k) ārecognisedā with its grammatical variations, used with reference to Institutions, means recognised under this Act;
(l) āregulationā means a regulation made by the Council under this Act;
(m) āruleā means a rule made by the State Government under this Act; and
(n) āSecondary Educationā, except in relation to such class of students as the State Government may specify in this behalf, means such education in the pattern of Secondary Education introduced with effect from the 1st day of January, 1974, imparted in any institution defined as such in the West Bengal Board of Secondary Education Act, 1963, as terminates with the passing of the public examination by whatever name called and instituted by the West Bengal Board of Secondary Education.
CHAPTER II
The Council
3. Establishment and incorporation of the West Bengal Council of Higher Secondary Education.
(1) The State Government shall, as soon as may be after this Act comes into force, establish a Council to be called the West Bengal Council of Higher Secondary Education.
(2) The Council shall be a body corporate with perpetual succession and a common seal, shall be entitled to acquire, hold and dispose of property, to enter into contracts and to do all other things necessary for the purposes of this Act and shall by its name sue and be sued.
4. Composition of the Council.
(1) The Council shall consist of the following members, namely:-
(a) the President who shall be appointed by the State Government;
(b) the President of the West Bengal Board of Secondary Education established under the West Bengal Board of Secondary Education Act, 1963, ex officio;
(c) the Director of School Education, West Bengal, ex-officio;
(d) the Director of Technical Education, West Bengal, ex-officio;
(e) the Director of Industries, West Bengal, ex-officio;
(f) the Director of Agriculture, West Bengal, ex-officio;
(ff) the Director, State Council of Educational Research and Training, West Bengal, ex-officio;
(g) persons not exceeding eight in number to be nominated by the State Government, of whom-
(1) one shall be a woman interested in education,
(2) one shall be a Principal of a College imparting instruction in Higher Secondary Education,
(3) one shall be a Dean of any of the Faculties of the Bidhan Chandra Krishi Viswavidyalaya, and
(4) one shall be the Head of a Higher Secondary School imparting instruction in Higher Secondary Education (hereinafter referred to in this sub-section as Higher Secondary School);
(h) six teachers of Higher Secondary Schools having qualifications for imparting instruction in Higher Secondary Education to be elected by the teachers of such schools in the manner prescribed;
(i) two representatives of the West Bengal Legislative Assembly to be elected by the members of such Assembly amongst themselves in the manner prescribed;
(i1) one representative of the Court of the Vidyasagar University of Midnapore to be elected by the members of such Court from amongst themselves in the manner prescribed;
(i2) one representative of the Court of the Jadavpur University to be elected by the members of such Court from amongst themselves in the manner prescribed;
(i3) one representative of the Court of the University known as Rabindra Bharati to be elected by the members of such Court from amongst themselves in the manner prescribed;
(i4) one representative of the Court of the University of Kalyani to be elected by the members of such Court from amongst themselves in the manner prescribed;
(j) one representative of the Senate of the University of Calcutta to be elected by the members of the Senate from amongst themselves in the manner prescribed;
(k) one representative of the Court of the University of Burdwan to be elected by the members of such Court from amongst themselves in the manner prescribed; and
(l) one representative of the Court of the University of North Bengal to be elected by the members of such Court from amongst themselves in the manner prescribed;
(m) one person elected by the employees of the Council from amongst themselves in the manner provided by regulations.
(2) The President shall be a whole-time officer of the Council.
(3) The members referred to in clauses (a) to (g) of sub-section (1) and the following persons to be nominated by the State Government shall be the first members of the Council, namely:-
(i) two members of the West Bengal Legislative Assembly;
(ii) one member of the Senate of the University of Calcutta;
(iii) one member of the Court of the University of Burdwan;
(iv) one member of the Court of the University of North Bengal.
(4) The first members of the Council other than the President shall hold office for such period not exceeding two years as the State Government may specify.
5. Salary and allowances of the President of the Council.
The President shall receive such salary and allowances, if any, from the West Bengal Council of Higher Secondary Education Fund as the State Government may determine.
6. Publication of the names of the President and members of the Council.
The names of the President and other members of the Council appointed, nominated or elected under section 4 shall be published in the Official Gazette, as soon as may be after their appointment, nomination or election, as the case may be.
7. Term of office of nominated or elected members of the Council.
(1) Subject to the provisions of this Act, a nominated or elected member shall hold office for such term not exceeding three years as the State Government may specify and such term shall be computed from the date on which the name of the nominated or elected member is published under section 6.
(1A) The term of office of nominated or elected members shall be held to include any period which may elapse between the expiry of the said term and the date of nomination or election, as the case may be, of new members to the Council to fill vacancies arising by efflux of time.
(2) On the expiration of the term of office specified under subsection (1), a nominated or elected member may be renominated or reelected.
8. Casual vacancies.
If a nominated or elected member dies or resigns his office or otherwise ceases to be a member, the vacancy shall be filled up by a fresh nomination or election, as the case may be, under section 4.
9. Term of office of the President.
The appointment of the President under clause (a) of sub-section (1) of section 4 shall be for such period as the State Government may specify in this behalf, but the State Government may extend the period from time to time so, however, that the total period of appointment does not exceed four years from the date of first appointment and on the expiration of the said period or the extended period, if any, the President may be reappointed.
10. Supervening disqualification of the President or nominated or elected member.
If the President or a nominated or elected member becomes, after his appointment or nomination or election, as the case may be, subject to any of the disqualifications specified in section 14 he shall cease to hold office with effect from such date as the State Government may direct.
11. Cessation of membership in certain cases.
(1) When a person is qualified to be a member of any Board of Studies or Committee of the Council by virtue of his membership of the Council or of any other authority or body of the Council, he shall cease to be a member of such Board of Studies or Committee, as the case may be, of the Council, when he ceases to be a member of the Council or such other authority or body of the Council.
(2) When a person is nominated or elected as a member of the Council or of any Board of Studies or other authority or body of the Council from any constituency, he shall cease to be such member when he ceases to belong to that constituency.
12. Resignation of the President and nominated or elected member.
(1) The President may resign his office by giving a notice in writing to the State Government stating his intention so to do, and on such resignation being accepted by the State Government the President shall be deemed to have vacated his office.
(2) A nominated or elected member may resign his office by giving a notice in writing to the President stating his intention so to do, and on such resignation being accepted by the Council, such member shall be deemed to have vacated his office.
13. Temporary and acting arrangement for the office of the President.
If the President dies or resigns his office or ceases to hold office or is temporarily absent or by any reason unable to perform the function of the President, the State Government shall authorise a member of the Council to exercise the powers and perform the duties of the office of the President until the President resumes office or a new President is appointed, as the case may be.
14. Disqualifications for membership.
A person shall be disqualified for being appointed or nominated or elected a member of the Council if he-
(a) has been adjudged by a competent Court to be of unsound 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 of an offence which is declared by the State Government to be an offence involving moral turpitude, unless-
(i) such disqualification is condoned by the State Government, or
(ii) the term of his sentence of imprisonment, or a period of five years from the date of his conviction, whichever is longer, has expired;
(e) directly, or indirectly, by himself or his partner,-
(i) has or had any share or interest in any text-book approved by the Council or published by or under the authority of the Council, or
(ii) has any interest in any work done by order of, or in any contract entered into by or on behalf of, the Council:
Provided that a person who had any share or interest in any text-book referred to in sub-clause (i) shall not be deemed to have incurred the disqualification under the said sub-clause if five years have elapsed from the date of the publication or republication of such text-book.
15. Conduct of meetings.
The President, or in his absence, one of the members of the Council elected from amongst those present, shall preside at meetings of the Council, and the President or such member shall be entitled to vote on any matter and shall have a second or casting vote in every case of equality of votes.
16. Restriction on voting.
(1) No member of the Council shall vote on any matter in which he has any personal or pecuniary interest or if it relates to any Institution of which he is either a teacher or a member of the Managing Committee.
(2) The President or the member presiding at a meeting of the Council shall decide any question arising under sub-section (1) and his decision thereon shall be final.
17. Persons in the service of the Council.
(1) The Council shall have a Secretary who shall be appointed by the State Government on such terms and conditions as may be determined by the State Government.
(2) (a) The Council may appoint such other officers and employees as it considers necessary for carrying out the purposes of this Act.
(b) The method of recruitment and the conditions of service (including the scales of pay and allowances, if any) of the other officers and employees shall be such as may, subject to the approval of the State Government, be determined by regulations published in the Official Gazette.
(3) Subject to the general control and supervision of the President, the Secretary shall be the principal administrative officer of the Council and be entitled to attend and speak at any meeting of the Council, but shall not be entitled to vote.
CHAPTER III
The Boards
18. Board.
(1) The Council may constitute Boards of Studies in one or more of the following branches, namely:-
(a) Humanities,
(b) Sciences,
(c) Commerce,
(d) Agriculture,
(e) Technical courses, and
(f) Other courses, vocational or otherwise.
(2) Each such Board of Studies shall consist of-
(i) the President,
(ii) one member to be nominated by the State Government,
(iii) one member to be elected by the members of the Council from amongst themselves,
(iv) two members to be elected by the members of the Council from amongst the members of the teaching staff of the Institutions imparting instruction in the branch in respect of which the Board of Studies is to be constituted, and
(v) not more than two members to be nominated by the President from amongst the experts in the branch of education in respect of which the Board of Studies is to be constituted.
(3) The term of office of the members of each of Boards of Studies shall be two years, but the Council may extend the period from time to time so, however, that the total period does not exceed three years.
(4) The President shall be the Chairman of each of the Boards of Studies and the Secretary to the Council shall be the Secretary thereto.
(5) Each Board of Studies shall perform such functions as may be assigned to it by the Council.
(6) The Chairman shall preside over the meetings of each such Board of Studies and in his absence, the members present shall elect one from amongst themselves to preside.
(7) A member of any such Board who is a member of the Council shall continue to hold office until he ceases to be a member of the Council.
CHAPTER IV
Committees of the Council
19. Constitution of Committees.
(1) The Council may, with the approval of the State Government, constitute any or more of the following Committees, namely:-
(a) the Recognition Committee;
(b) the Syllabus Committee;
(c) the Examinations Committee;
(d) the Finance Committee;
(e) the Appeal Committee;
(f) such other Committee or Committees as it may think fit.
(2) Each of the Committees referred to in clauses (a) to (d) and (f) of sub-section (1) shall be composed of the President as its Chairman and wholly or in part of members of the Council and the total number of members including the President shall not exceed seven.
(3) The Appeal Committee shall be composed of not more than seven members including a person who holds or has held the office of a Judge not below the rank of a District Judge as its Chairman and other members all or some of whom shall be members of the Council.
(4) There shall be a Secretary to each such Committee who shall be deputed by the President from amongst the officers of the Council.
20. Functions of Committees.
(1) It shall be the duty of the Recognition Committee to advise the Council on all matters concerning the recognition of institutions.
(2) It shall be the duty of the Syllabus Committee to-
(a) advise the Council on matters relating to the syllabus and the courses of studies to be followed and the books to be studied in recognised Institutions and for examinations instituted by the Council;
(b) advise the Council on any matter relating to the syllabus, courses of studies or books to be studied, as may be referred to it by the Council.
(b) to maintain a register of recognised Institutions;
(c) to provide for inspection of recognised Institutions;
(d) to provide by regulations, after considering the recommendation of the Syllabus Committee, if any, the curriculum, the syllabus, the courses of studies to be followed and the books to be studied in recognised Institutions and for examinations instituted by the Council;
(e) to undertake, if necessary, with the approval of the State Government, the preparation, publication or sale of textbooks and other books for use in recognised Institutions;
(f) to maintain and publish, from time to time, list of books approved for use in recognised Institutions and for examinations instituted by the Council and to remove the name of any such book from any such list;
(g) to institute Higher Secondary Examinations for purposes of this Act and such other examinations as it may think fit and to make regulations in this behalf;
(h) to make regulations regarding the conditions to be fulfilled by candidates presenting themselves for examinations instituted by the Council;
(i) to publish results of the examinations instituted by the Council and to award diplomas, certificates, prizes and scholarships in respect thereof;
(j) to provide by regulations after considering the recommendations of the Examinations Committee, if any, the rates of remuneration to be paid to Paper-setters, Moderators, Tabulators, Examiners, Invigilators, Supervisors and others employed in connection with examinations instituted by the Council, and the fees to be paid by candidates for such examinations;
(k) to grant permission to candidates to appear at examinations instituted by the Council and to refuse or withdraw such permission if it thinks fit in accordance with such regulations as may be made in this behalf;